HomeMy WebLinkAbout1990-05-02 Council PacketKenai City Council
Meeting Packet
May 2, 1990
AGENDA
KENAI CITY CC30NCIL -REGULAR MEETING
MAY TI.,1990 - 7:00 P.M.
A. CALL TO ORDER
3. Introduction of Student government Represen-
tatives
C. PUBLIC HEARINGS
1. Ordinance 1364-90 - Increase Rev/Appns -
Airport Communications and Utilities - $8,250
2. Ordinance 1365-90 - Increase Rev/Appns -
State Grant, Senior Day Care - $4,816
3. Ordinance 1366-90 - Increase Rev/Appns - Li-
brary Donations - $1,7000
4. Ordinance 1367-90 - Increase Rev/Appns -
Council on Aging, Title III - $10,6000
5. Ordinance 1368-90 - Increase Rev/Appns -
Airport Taxiways A-1 & A-2 Improvements -
$12,250
a. Airport taxiways A-1 & A-2 Improve
ments - Approval of Wince, Corthell &
Bryson as Design Engineers - $10,000
6. Resolution 90-08 - Citizens Advisory Commit-
tee - Cook Inlet Oil & Gas Industry
7. Resolution 90-18 - Transfer Within Water &
Sewer Fund - Repair of Sewer Lift Stations -
$8,870
8. Renewal of Liquor License - Kenai Merit Inn
K. ADJOURNMENT
The public is invited to attend and participate.
Janet Ruotsala, CMC/AAE
City Clerk
AGENDA
KENAI CITY COUNCIL - REGULAR MEETING
MAY 2, 1990 - 7:00 PM
A. CALL TO ORDER
1. :Pledge of Allegiance
2. Roll Call
3. Introduction of Student Government Representatives
4. Agenda Approval
5. 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 PUBLIC COMMENT (10 Min.)
C. PUBLIC HEARINGS
1.
Ordinance 1364-90 - Increase Rev/Appns - Airport
Communications and Utilities - $8,250
2.
Ordinance 1365-90 - Increase Rev/Appns - State
Grant, Senior Day Care - $4,816
3.
Ordinance 1366-90 - Increase Rev/Appns - Library
Donations - $1,700
4.
Ordinance 1367-90 - Increase Rev/Appns - Council
on Aging, Title III - $10,600
5.
Ordinance 1368-90 - Increase Rev/Appns - Airport
Taxiways A-1 & A-2 Improvements - $12,250
a. Airport Taxiways A-1 & A-2 Improvements; -
Approval of Wince, Corthell & Bryson as;
Design Engineers - $10,000
6.
Resolution 90-08 - Citizens Advisory Committee -
Cook Inlet Oil & Gas Industry
7.
Resolution 90-�6r9 Transfer Within Water & ;ewer
Fund - Repair of ewer Lift Stations - $8,870
---8.
Renewal of Liquor License -
Kenai Merit Inn
D. COMMISSION/COMMITTEE REPORTS
1.
Council
on Aging
2.
Airport
Commission
3.
Economic
Development Commission
4.
Harbor Commission
5.
Ijibrary
Commission
6.
Parks &
Recreation Commission
7. Planning & Zoning Commission
8. Misc. Commissions & Committees
E.
MINUTES
1.
*Regular Meeting, April 18, 1990
F .
CORRESPONDENCE
1.
*NOAA - Application from City to Discharge Sand &
Gravel in Wetlands, I4er�:t
`rai---Ramp
J J(J
G.
OLD
BUSINESS
1.
Cook Inlet Housing Agreement
H.
NEW
BUSINESS
1.
Bills to be Paid, Bills to be Ratified
---
Requisitions Exceeding $1,000
3.
*Ordinance 1369-90 - Increase Rev/Appns - Senior
Connection Donation - $720
4.
*Ordinance 1370-90 - KMC 23 - Replacing Tables in
Personnel Regulations, New Salary Structure and
New Hourly Rates
5'.
*Ordinance 1371-90 t- Increasing Uniform
Allowance - Police Dept.
6.
*Ordinance 1372-90 - Amend KMC 23 - New Job
Classification - Sewer Treatment Plant Operator
T.
Discussion - RIP Program
8..
Discussion - Lands Encroachment
I.
ADMINISTRATION REPORTS
1.-
Mayor
2..
City Manager
3.
Attorney
1
4.
City Clerk
°
a. Review of Job Applications
5.
Finance Director
6.
Public Works Director
7.
Airport Manager
J.
]DISCUSSION
1.
Citizens
2.
Council
K.
ADJOURNMENT
y
AGENDA
KENAI CITY COUNCIL - REGULAR MEETING
MAY 2, 1990
STUDENT GOVERNMENT DAY - SPECIAL AGENDA
A. CALL TO ORDER
1. Pledge of Allegiance
2. Roll Call
3. Introduction of Student Government Representatives
4. Agenda Approval
5. 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.
C. PUBLIC HEARINGS
1. Ordinance 1364-90 - Increase Rev/Appns - Airport
Communications and Utilities - $8,250
2. Ordinance 1365-90 - Increase Rev/Appns - State
Grant, Senior Day Care - $4,816
3. Ordinance 1366-90 - Increase Rev/Appns - Library
Donations - $1,700
4. Ordinance 1367-90 - Increase Rev/Appns - Council
on Aging, Title III - $10,600
5. Ordinance 1368-90 - Increase Rev/Appns - Airport
Taxiways A-1 & A-2 Improvements - $12,250
a. Airport Taxiways A-1 & A-2 Improvements -
Approval of Wince, Corthell & Bryson as
Design Engineers - $10,000
7. Resolution 90-1$?- Transfer Within Water & Sewer
Fund - Repair of Sewer Lift Stations - $8,870
D. COMMISSION/COMMITTEE REPORTS
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. Commission/Committees
E. MINUTES
1. *Regular Meeting, April 18, 1990
K. ADJOURNMENT
o�
COUNCIL MEETING,o F
flu
COUNCIL M
COUNCIL MEETING OF
x1l
l V
ry
r
COUNCIL MEETING OF 5-' a - Q 0
). 4'44,6�
STUDENT
GOVERNMENT DAY
MAYOR
Shawna Nordenson
COUNCIL
Heavin Bortz
Celeste Culbertson
Cathy Hogg
Cecilia Lim
Melanie Reid
Isaul Verdin
CITY MANAGER
Ira St. John
CITY' ATTORNEY
Christy Osborn
CITY' CLERK
C1 n --`- Gail ,Tohns0h
PUBLIC WORKS DIRECTOR
Craig Bowen
AIRPORT MANAGER
Gabe Juliussen
FIRE CHIEF
ANIMAL CONTROL OFFICER
WATER/SEWER FOREMAN
LIBRARIAN
POLICE CHIEF
PARKS/RECREATION DIRECTOR
Tom Carver
- St. J C/1u�'I+4ln L7Ur�"L
Raul Gonsalez
Laura Stone
Tami Smith
SCHEDULE
STUDENT GOVERNMENT DAY
MAY 2, 1990
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
10:30 AM Students meet at Kenai Library, welcome by Mayor
Williams
Tour of City facilities
11:30 AM Students to Mr. D's as guests of Chamber of
Commerce and Mayor Williams
1:00 PM Students meet with designated department heads
2:00 PM Students return to KCHS
6:00 PM Students, Mayor, City Manager, Attorney, Clerk
meet in Chambers for dress rehearsal of Council
meeting
7:00 P.m Student representatives for Council conduct
shortened meeting
TOUR
1.
City Hall
2.
Police Dept.
3.
Fire Dept.
4.
Airport
5.
Shops
6.
Animal Control Shelter
7.
Library
8.
Recreation Center
9.
Senior Center
10.
Sewer Treatment Plant
I NF O IRMAT I O N L I S T
M a y 2, 1 9 9 0
1.
Council To Do List for April 16,
1990
2.
Kenai Peninsula Borough Assembly
Agenda
for April 17, 1990
3.
Council To Do List for April 18,
1990
4.
Council To Do List for April 23,
1990
5.
Pull -Tab Application for disabled American
Veterans
6.
Council To Do List for April 25,
1990
7.
Publication Regarding Tourism Submitted
by Mrs. Sue Carter
8.
Backup material regarding encroachments
requested by Council
9.
AML Legislative Alert
10.
Kenai Peninsula Borough Assembly
Agenda
for May 1, 1990
11.
Kenai Peninsula Borough Assembly
Minutes
for April 3, 1990
12.
Public: Works Memorandum - Answer
to Council
To Do List
13.
Transfers of Funds Under $1,000
C-/
Suggested by: Airport Manager
City of Kenai
ORDINANCE NO. 1364 - 90
AN ORDINANCE: OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED
REVENUES AND APPROPRIATIONS BY $8,250 IN THE AIRPORT TERMINAL FUND FOR
COMMUNICATIONS AND UTILITIES.
WHEREAS, because of additional telephone installations and higher than expected
utility charges, the communications and utility accounts in the Airport Terminal
are short of the required appropriations needed through June 30, 1990.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that
estimated revenues and appropriations be increased as follows:
Airport Terminal Fund
Increase Estimated Revenues:
.Appropriation of Retained Earnings $ 8,250
Increase Appropriations:
communications $ 250
Utilities 8,000
8 250
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2nd day of May, 1990.
JOHN J. WILLIAMS, MAYOR
ATTEST:
Janet Ruotsala, City Clerk
First Reading: April 18, 1990
Second Reading: May 2, 1990
Effective Date: May 2, 1990
Approved by F'.inance:
(4/13/90)
jas
C-a
Suggested By: Administration
City of Kenai
ORDINANCE NO. 1365 - 90
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED
REVENUES AND APPROPRIATIONS BY $4,816 IN THE SENIOR DAY CARE FUND.
WHEREAS, the City of Kenai has received a grant amendment from the State of
Alaska to purchase a computer, disk drive, printer, and software in the amount
of $2,984 for the specific purpose of operating a client assessment software
package, COMPASS, for the adult day care program, and
WHEREAS, the City expects to receive an additional $1500 in donations during the
remaining months of April, May, and June, 1990, to be appropriated for the
purchase of operating supplies.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that
estimated revenues and appropriations be increased as follows:
Senior Day Care Fund
Increase Estimated Revenues:
State Aging Grant
- OAC
$ 484
State Aging Grant
- MHT
2,500
in -Kind Support -
Rent - MHT
278
In -Kind Support -
Salaries - OAC
54
Donations - OAC
750
Donations - MHT
750
4 816
Increase Appropriations:
Senior Day Care - OAC - Salaries (In -Kind) $ 54
Senior Day Care - OAC - Operating Supplies 750
Senior Day Care - OAC - Machinery & Equipment 484
1,G00
Senior Day Care - MHT - Operating Supplies 750
Senior Day Care - MHT - Rent (In -Kind) 278
Senior Day Care - MHT - Machinery & Equipment 2,500
3,528
4 816
1
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2nd day of May, 1990.
ATTEST:
Janet Ruotsala, City Clerk
Approved by Finance: -:iQ
(4/13/90)
ias
JOHN J. WILLIAMS, MAYOR
First Reading:
Second Reading
Effective Date
m
April 18, 1990
May 2, 1990
May 2, 1990
C -3
Suggested By: Librarian
City of Kenai
ORDINANCE NO. 1366 - 90
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED
REVENUES .AND APPROPRIATIONS BY $1,700 IN THE GENERAL FUND FOR LIBRARY BOOKS.
WHEREAS, --he City has received approximately $1,400 as library donations and for
lost and damaged books that has not been appropriated, and
WHEREAS, the City expects to receive an additional $300 in this category through
June 30, 1990, and
WHEREAS, the Librarian has asked that this money be appropriated for the purchase
of books.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that
estimated revenues and appropriations be increased as follows:
General Fund
Increase Estimated Revenues:
Library Donations $1,700
Increase Appropriations:
Library Books $1,700
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2nd day of May, 1990.
JOHN J. WILLIAMS, MAYOR
ATTEST:
Janet Ruot:sala, City Clerk
First Reading: April 18, 1990
Second Reading: May 2, 1990
Effective Date: May 2, 1990
Approved by Finance:
(4/13/90)
jas
Suggested By
City of Kenai
ORDINANCE NO_ 1367 - 90
c-y
Administration
AN ORDINANCE; OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED
REVENUES AND APPROPRIATIONS BY $10,600 IN THE COUNCIL ON AGING TITLE III FUND.
WHEREAS, t:he City of Kenai has estimated that we should receive additional income
in the next three months from ride and meal donations and USDA cash
reimbursement.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that
estimated revenues and appropriations be increased as follows:
Council on Aging Title III Fund
Increase Estimated Revenues:
USDA Cash $ 2,800
.Meal Donations 7,320
Ride Donations 480
Increase Appropriations:
,Access - Repairs & Maintenance $ 1,480
Congregate Meals - Operating Supplies 8,096
;-dome Delivered Meals - Operating Supplies 2,024
Home Delivered Meals - Repair & Maintenance <1,000>
10 600
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2nd day of May, 1990.
JOHN J. WILLIAMS, MAYOR
ATTEST:
Janet Ruotsala, City Clerk
First Reading: April 18, 1990
Second Reading: May 2, 1990
Effective Date: May 2, 1990
Approved by Finance: P- �Q
(4/13/90)
jas
CS
Suggested By: Administration
City of Kenai
ORDINANCE NO. 1368 - 90
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED
REVENUES AND APPROPRIATIONS BY $12,250 IN A NEW CAPITAL PROJECT FUND ENTITLED
"AIRPORT TAXIWAYS A-1 AND A-2 IMPROVEMENTS".
WHEREAS, the City desires to make improvements to Airport taxiways A-1 and A-
2, and
WHEREAS, financing will be requested from the Federal Aviation Administration
for the project, and
WHEREAS, the City desires to proceed with the design phase of the project using
City Airport monies, which should be recoverable through an FAA grant, if one
is eventually granted.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that
estimated revenues and appropriations be increased as follows:
Airport -Land System Fund
Increase Estimated Revenues:
.Appropriation of Fund Balance 12 250
Increase Appropriations:
.Airport M & 0 - Transfers 12 250
Air Drt Taxiways A-1 & A-2 Improvements
Increase Estimated Revenues:
Transfer from Airport 12 250
Increase Appropriations:
Administration $ 2,250
',design 10,000
12250
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2nd day of May, 1990.
JOHN J. WILLIAMS, MAYOR
ATTEST:
Janet Ruotsala, City Clerk
First Reading: April18, 1990
Second Reading: May 2, 1990
Effective Date: May 2, 1990
Approved by Finance: 4
(4/27/90)
jas
C -sa.
1791-19E
CITY OF KL.1.r,l
%Od G'dP4:.l 4 4�a "
_ 210 FIDALGO KENAI, ALASKA 99611
TELEPHONE 283-7535
FAX 907-283-3014
MEMORANDUM
TO: Wm. J. Brighton, City Manager
FROM: Keith Kornelis, Public Works Director ee
DATE: April 27, 1990
RE: Airport Taxiway A-1 and A-2 Improvements
FOR: City Council Meeting of May 2, 1990
Attached is the Engineering Proposal for the design and
inspection of a new project entitled "Airport Taxiways A-1 and
A-2 Improvements." The work will consist of rebuilding and
paving Taxiways A-1 and A-2 in the F.B.O. areas of the airport.
It will also take into consideration the area -wide drainage
improvements that are presently being designed by Wince-Corthell-
Bryson.
Ordinance No. 1368-90 appropriates the funds in the amount of
$12,250. Design costs will be $10,000 and city administration
costs will be $2,250.
If Council agrees with this project, they should vote for the
appropriation ordinance. If they agree with hiring Wince-
Corthell-Bryson to do the design work, a motion similar to the
following would be appropriate:
"I move that the City of Kenai contract with Wince-Corthell-
Bryson to perform the design engineering on the project
entitled Airport Taxiway A-1 and A-2 Improvements, for a
not -to exceed amount of $10,000.
KK/kh
41- q - L)
WINCE—CGFRTHELL—BRYSON
BOX 1041
KENAI, ALASKA 99611
City_ c,f Kenai
210 ida ❑ Street
Kenai. A;, aska 99611
Attention. - Keith KcWriel is/Jack LaSh,�,t
Subject : Taxiwavl s A--1 ,:and A Imorc movement s - j( •• _ '
.a
Gent 1 ernen
As was ciscl_tssed dur^inri our- ADril G meetano concer^r,irig t I I
subject; iroorovertler,tr�, we f,i:ave visited the area, Arid have or-'eCic'r,ed
this r^eo,::-r^t and est lroate i:,f costs fcr, your use In nr^C-?Dar^ln❑_ y0IJT,
Gr^e-aaoo1:lcati."--In s1_tbroittaIs.
EXISTING CONDITIONS:
Paverijerit necave arlc:i dis ut' essii in fcal_tr .Areasii ind.l.czAte that oavertlent
removal. L- LAvat; i,:,rl. ar,d bi:ack.il 11 wi 11 i:e i'•ei]1_tIr,ed Or'`1C11" tC,
elver^:ia1, 1 V)0.
Soeci.aI cc, n<:aider^ai- iori w i I I r,ed to be aoolied t,_, tl`le i.nt,:?r-c5ec:tic,n
1_,f A-1/1 4 i:ar,d to ecloe t ie'--1r15 tc, fa( i l .1�:<itl:? C:il^aif,ctDe ac`c_`i"::+f -.i thc?
rtew ovei-Tay Dr^calif:95.
The ditch - - -<•: ,;
a i_ ri r7 i (ii' c9 a i:ii t o f (_� e !, f T i� W h1-;.... W;_A ._> f I 1 1. rl ,'} W .,
Hr. ,wever", d r-'a a'f1a06? or"i_ D l f=rit!a idr^e t-01)0tMr1 to ex i -t cri t 1'l a. s ar.(-r.a dani:7
will require imor,overiier,ts to drain.
PROPOSED DRAINAGE IMPROVEMENTS
As r3ar^t of our, cur^rent d'r,ainacie Lint7 _a1 CST; y' zone orc.:, 7ec_r we 11ZI'IV e
cJE ter"r,11r,cc.J the sc_t"tEm-ati(: 2"ecaltl.l" rfl✓ t"+'GS f , CJr"r_iarli:ilcE':: L.1.1 ti'.-
-
F�1 ._�t„
, _ .. - '
crnr:) c.�r'�5stnra �.:,� t-�-'!. ,::Inca :ri
1tJ (-�,n,::)
l:.r �...,.:;'::,I.r',+a
,.-,i- s-�—;::'. �.v�
..
1. ,•,
ti-t
c_i I rnl. 1`ra!_ e c_civa::?ri,;t iIt;
c1.., : ,.;
<<I
f1E= t,..1.' ,..tr ..,.
r'r^ve
cl ::. ..1
...i', i..lf 1. '. 1::, 1..111 <:..: �_, �. 1_I1. :1. I.
cU)(J 1Q Ii.)E5 Oi /iA 1 l ,:A . _
1. rlr
i( �
it
.a !-1
^"1 3 ';. _ 1. I. ...
t
COST:
Aoproximate costs for the aoove described imorovements are
broken down as follows:
R/D Asonalt
Excavation
Borrow
Level Course
Asohalt
18" CMP
24" CMP
Drywell MH's
Painting
GradinD
Total
1850
sy @
$2.00
$3,700.00
350
cy @
$10.00
3,Soo. 00
350
cy @
$10.00
3,500'00
2000
sy @
$2.00
4,000.00
8900
sy @
$6.00
53,400'00
100
lf @
025.00
2,MO. 00
100
lf @
$30.00
3`000'00
3
ea. @
$2500.00
7,500.00
1
Job @
$1000.00
1,000.00
1
Job @
$2000.00
2,000.00
Subtotal
$84,100.0�
Continoencv
10%+
8,4z0'00
Construction Estimate $92.510.00
Engineering Design N.T.E. $10,000.00
Engineering Inspection N.T.E. $10,000.00
City Administrative Cost @2% $2,250'00
Total Project Cost $1l4,760.00
Should Vou have any questions concerning tnis matter please do
not hesitate to contact us at your convenience.
Sincerely
WINCE-CORTHELL-BRYSON
V----n, P.E.
C-b
SUBSTITUTE
Suggested by: City Council
CITY OF KENAI
RESOLUTION NO. 90-08
A RESOLUTION REGARDING CITIZEN PARTICIPATION IN ENVIRONMENTAL ACTIVITIES IN THE
CITY OF KENAI AND COOK INLET AREAS.
WHEREAS, the United States Congress is considering legislation regarding Citizen
participation in local environmental affairs, and
WHEREAS, the Alaska Legislature is considering legislation establishing similar
citizen participation, and
WHEREAS, the local Kenai economy is comprised of industry, fishing, tourism, and
other enterprises that rely on local resources for success, and
WHEREAS, the City of Kenai supports citizen participation in matters regarding
environmental affairs, and
WHEREAS, the City of Kenai supports a consistent, and efficient application of
government regarding regulatory matters.
NOW THEREFORE, BE IT RESOLVED, that:
1. The City Council of Kenai, Alaska, supports citizen involvement in
environmental affairs in the City's jurisdiction and areas affecting the City;
2. The implementation of such activities must be coordinated between Federal,
State, and Local governments in order to avoid duplicative and inapplicable
regulation;
3. The ALaska State Legislature is encouraged to assure any State regulations
enacted compliment and be coordinated with pending Federal legislation; and
4. The State of Alaska assure that representation on any citizens' council(s)
established be representative of the economic and geographical interests of the
State and that the Cook Inlet area be represented on any such state-wide council.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2nd day of May, 1990.
JOHN J. WILLIAMS, MAYOR
ATTEST:
Janet Ruotsala, City Clerk
Suggested by: City Council
RESOLUTION NO. 90-08
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, IN
SUPPORT OF THE FORMATION OF A CITIZENS' ADVISORY COMMITTEE FOR
THE COOK INLET OIL AND GAS INDUSTRY.
WHEREAS, a regional citizens' advisory committee was formed in
June, 1989, for oil industry issues in Prince William Sound, and
this committee has already shown great worth in participating in
the creation of the new Alyeska Tanker Oil Spill Prevention and
Contingency Plan, and
WHEREAS, the ECO report, commissioned by the State Oil Spill
Commission, lists Cook Inlet as a most dangerous transportation
corridor in Alaska and is vulnerable to the possibility of a
future major oil spill, and
WHEREAS, it would be advantageous to the state and the oil
industry to have a citizens' advisory committee for oversight and
to make recommendations to the state and the oil industry,in
connection with preventative measures and cleanup methods that
would be beneficial to the ecology and the oil industry, and
WHEREAS, the formation of a citizens' advisory committee with
membership appropriately appointed could serve as a bridge
between the state, the environmentalists, and the economic
development of the state of Alaska, resulting in benefits to all
of Alaska's citizens.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA, that the Kenai City Council goes on record in
support of the formation of a citizens' advisory committee for
the Cook Inlet oil and gas industry, patterned after the
committee organized for Prince William Sound, and that the new
citizens' advisory committee should be funded by direct donations
from the oil industry which uses the shipping lanes in Cook
Inlet.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day
of April, 1990.
JOHN J. WILLIAMS, MAYOR
ATTEST:
Janet R.uotsala, City Clerk
1791-1991
CITY OF KENA1
-Od Cajeu;lai 4 4ia4""
_ 210 FIDALGO KENAI, ALASKA M11
TELEPHONE 283 - 7535
FAX 907-283-3014
February 15, 1990
TO: Council
FROM:: John J. Williams U� ,
Mayor
Once again I am bringing back to you the request from Mr.
Robertson who is the Oil Spill Impact Relief Coordinator,
regarding the resolution in support of a Regional Citizens
Advisory Committee for Cook Inlet. ,
Please take a few moments to study the resolution presented
by the Kodiak Island Borough and see if we want to perhaps
offer some support.
On Thursday, Feb. 15, 1990, I attended the Nikiski Chamber
of Commerce meeting, the principal speaker was the new
president of Alyeska Pipeline Service Co., James Hermiller.
Alyeska Pipeline has been instrumental in setting up a
regional oil committee for Prince William Sound and from
indications from the oil industry, they may also be
interested in the same situation for Cook Inlet. It would
appear that this advisory committee is going to become a
reality for our area and therefore it would be proper for
the City of Kenai to take an interest.
It has been suggested to me that the chairman of our Harbor
Commission, Barry Eldridge, be named to this committee since
he not only is chairman of our Harbor Commission but also
has extensive background in both the Coast Guard and as
Director of the Cook Inlet Response Organization, now known
as the Cook Inlet Resource Organization.
Let us take a few moments to discuss this at our next
meeting and see if this should not be looked at with a
broader view.
JJW : j r
By: Mayor Selby
Introduced: 01/04/90
Adopted: 01/04/90
KODIAK ISLAND BOROUGH
RESOLUTION NO. 90-04
A RESOLUTION SUPPORTING THE FORMATION OF A
CITIZENS ADVISORY COMMITTEE FOR THE COOK INLET OIL INDUSTRY
WHEREAS, the grounding of the EXXON VALDEZ on March 24,
1989 created an oil spill which affected over 1000 miles of Alaskan
coast including the shores of Kodiak Island and the fishing grounds
of the Kodiak fishing fleet; and
WHEREAS, the grounding of the GLACIER BAY on July 2, 1987
created an oil spill which affected the salmon fishing season in
Cook Inlet; and
WHEREAS, the current self monitoring program of the oil
industry in Cook Inlet is not working as demonstrated by tankers
being allowed to enter Cook Inlet without Spill Contingency Plans;
and
WHEREAS, the ECO report commissioned by the State oil
Spill Commission lists Cook Inlet as the most dangerous
transportation corridor in Alaska and the most likely place for the
next major oil spill; and
WHEREAS, there were over 200 oil spills reported to ADEC
or the U.S. Coast Guard on the Kenai Peninsula and in Cook Inlet
last year; and
WHEREAS, there was formed a Regional Citizen's Advisory
Committee in June, 1989 for Oil Industry issues in Prince William
Sound and this committee has already shown great worth in
participating in the creation of the new Alyeska Tanker Oil Spill
Prevention and Contingence Plan;
NOW, THEREFORE, BE IT RESOLVED the Kodiak Island Borough
Assembly calls for the immediate formation of a Citizens Advisory
Committee for the Cook Inlet Oil Industry patterned after the
committee organized for Prince William Sound, and
Raeolution No. 90-04
Page 1 of 2
BE IT FURTHER RESOLVED, the new Citizens Advisory
Committee should be funded by direct donations from the Oil
Industry which extracts and ships oil from or into the region.
ATTEST:
C
PASSED AND APPROVED THIS 4th DAY OF JANUARY, 1990.
Kodiak Island Borough
Bore4igh Mayor
Arr'Asiding Officer
Resolution No. 90-0♦
Page 2 of 2
REGIONAL CITIZENS ADVISORY COMMITTEE
The Regional Citizens Advisory Committee (RCAC), now in
an interim form, offers the best chance for the public to
influence oil industry operations in this state. The RCAC is
the Alaskan version of the successful system of citizen
participation in the formulation of oil storage and
transportation policy in the remote Shetland Islands of
Scotland.
The formation of an interim RCAC, originally named the
Alyeska Citizens Advisory Committee (RCAC), was initiated by
the Alyeska Pipeline Service Company in June, 1989. Alyeska
was responding to the need for citizens' participation in
the process of formulating an effective oil spill prevention
and response plan for Prince William Sound, as required by
the Alaska Department of Environmental Conservation in the
aftermath of the Exxon Valdez grounding.
The 15 committee members represent the communities of
Prince William Sound, the Kenai Peninsula and Kodiak Island,
as well as fishing, conservation, aquaculture and native
groups. No member of the committee represents Alyeska or the
owner corporations.
As a fully independent entity, this interim committee
has vigorously pursued its goals. The RCAC has begun its
review of the Alyeska Oil Spill Response and Contingency
Plan, and has taken on the additional responsibilities of
monitoring the Alyeska Pipeline Terminal in order to help
ensure its environmentally correct operation and the safe
shipping of North Slope crude through Prince William Sound.
To guarantee the continued existence of a citizens
advisory group, the committee is now in the process of
developing bylaws and articles of incorporation as a non-
profit corporation, as well as negotiating a contract
between RCAC and Alyeska for the permanent committee.
The interim committee has also involved itself in
federal oil spill legislation. Most recently, RCAC modified
Senate legislative language mandating a citizens advisory
committee system, and in November sent a three -member
subcommittee to Washington, D.C., to support the inclusion
of this language in oil spill legislation before the House
of Representatives. The concept of the advisory committee
was introduced in the Senate by Senator Murkowski as a
section of the oil spill liability bill passed in August.
The advisory committee language supported by RCAC was
attached by Representative Young to the Coast Guard
appropriations bill passed in October, rather than to the
House version of the oil spill liability bill. The advisory
committee language was later dropped from the legislation in
conference, but Rep. Youi,j's action succeeded in bringing
the issue to the fore in _tie House, which is now on record
as strongly supporting ti.., concept. Senate and House members
are expected to coriferenc,-, in January on the oil spill bill.
The RCAC legislative subcommittee is planning to return
to Washington, D.C., to lend support during the conference
process. Committee members want a clear mandate for the
long-term existence and funding of the RCAC, as well as
minor changes in the language in the Senate bill. Because
they represent affected communities and industries, RCAC
members can add legislative refinements based on knowledge
gained through real involvement.
With its regional representation and independent
status, the RCAC can act as an effective watchdog to the oil
industry in Alaska. The first line of defense against oil
spills or oil -related impacts is prevention. This is the
field of endeavor which will be actively pursued by the
environmental and technical sub -committees to be appointed
by the RCAC.
In addition, the RCAC will interact with federal and
state regulatory agencies on an ex-officio basis. The
committee will also he in regular contact with local
response units in communities along the Alaskan coast,
coordinating activities and status reports.
11 1ZLSOIXT 0ti BY I'lll? CITY (_'c tl tll(: I I, ( (I' TII I: (• 1 •1•V OF ..;EI AK)V 111 III SUPPORT OF
THE' 1'Ol:f`1AT1.011 OF h CITI;;I:(I!: )lltVI':((I?Y (•()IIHI•I••I•EH I(W '1HF: COOK IIILET OIL
INDUSTRY.
MH;,lZl?11S, the rl►-ocntcl.i.r►cI ol* I ho on I1;►rch 24, 1.989 created
an csil Spill �•;lt ic.:l► of fec l,.('d ov(�r I mm to i lr' of It l;tsl;�►r► coa�;t including
the shores of Oe tdov.i a lk;►y ;►n(1 I It(, I" i!:h i rt(.J (It ounds of the Seldovia
fishiliq f l.ect-., ;111(1
WIiLIZl:1�:.�, ,-.he cltottrtcli►t.l of Ilw c,l,Ac'Il:p jvcl mi July 2, 19137 created an
oil spill. which ;►1: fe(,tecl flto r:;t I nt(,tt I- i !:It i url in Cool; Inlet, and
1dI1RlZ1?1�.;, 1.1to (.ut.retct. !:-II 111-1(i1(,t itt,l l,t(„It;im ()f IIj- of I i►►(1u—stry in
Cook Inlet is rtol-. wot k.i.ncl ;tr; (h,mtm!--l-.►;0--n 1 by t;mkers being allowed to
enter Cook 1,11 cat w ithout Sp i 11. Cant i ltclettc y 1,1 and
MIEIZE'AS, l:lir- I-V() ropOrt ( ( nun i i (,t("(I by I h,• t;I ;(l e () i l �,J, i I.1. Commission
lists Cool: Inlet ;c:: l.he mo( .t (I:ttt'Ir't I r;ittr.Jrorl.;tti.on corridor in Alaska
and the most likely placo for I.ho It-xl: ut;c jOt- ni I shill, and
WIlPatl•:IDS, thei o vif.,t:c, ov(,I- IJ-) MAX or the U.S.
Coast Guard on the 1 eii(-i i Pen i.lt;,ula ;md i.rt Coo): Inlet last year, and
t HEIZE'AS, there w;►r_, fornrocl it I?ocl i colt;► I ci I. i »r►' r. ArIv i_sory Committee in
June , 1989 fol. u.i l I.ndus;l.r y i ; ;tl( :: i tt Pr inc-"! I1 i l l i;.►n► ',oul►d ar►d this
committee has already shown cheat %:,or-l.h ill Irnrt is il.tating in the creation
of the new AlyesJ:a 'L'anl;cr () i 1 .(;p i l 1 1'rovr,I►t i.on ;►nd Contingence Plan.
'1'111:IZ1 1••OIZL: BE' I:I' Ftl1;';0I,VI•:I), l.hr' City (!All-;; I -or. Lite .immediate
formation o.f a C i t i tens Adv i r;or y Comm i t Loe for. the Cool: Inlet Oil
Industr-y ha1_tor11ecl a C tot tlio c.:(>mm i l-1 rrt (,r y ►n i :;ocl for Prince William
Sound, and
BE' IT F•UR111ER P1'-:0hVI;1), tho now c i t i :,ew Advisory Committee should be
funded by direct don,tL. i utt ; f r()m l ho I) i I I ndtr:;l:r-y which extracts and
ship : o.i 1 fi:om m- i ttl o Lhr r'-1 i ott.
APPROVE U altd Jt;►:::;r cl thi i r1` cl;t•I' of 11(`c:r'tnli( r, 19139.
11 `1" I' L•' S' l' 1, D :
1ZOISIsIt'1'�1 II I ITT, CITY
A]'I']?OV 1:1) :
(,I.I'.AID I!I 1,I,I\PI), HAYOP
Suggested by: Administration
City of Kenai
RESOLUTION 90-19
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA TRANSFERRING
$8,870 IN THE WATER AND SEWER FUND FOR REPAIRS OF SEWER LIFT STATIONS.
WHEREAS, the Public Works Director has requested that monies be
provided to replace junction boxes in seven sewer lift stations, and
WHEREAS, monies are available for transfer from the various Water and
Sewer Contingency accounts.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that the following budget transfers be made:
Water and Sewer Fund
From:
Sewer - Contingency $ 4,800
Sewer Treatment - Contingency 3,794
Water - Contingency 276
8,870
To
Sewer - Repair and Maintenance $ 8,870
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2nd day of
May, 1990. .
JOHN J. WILLIAMS, MAYOR
ATTEST:
Janet Ruotsala, City Clerk
Approved by Finance: C Q
(4/26/90)
kl
1791-1991
CITY OF KENAI
„Od G'a,)04:4 41a&" „
210 FIDALGO KENAI, ALASKA 99611
TELEPHONE 283 - 7535
FAX 907-283-3014
MEMORANDUM
TO: Charles A. Brown, Finance Director
FROM: Keith Kornelis, Public Works Director
DATE: April 26, 1990
SUBJECT: Sewer Account
Please write a resolution for the Sewer Department transferring
$8,870.00 from Sewer Contingency into Sewer Repair and Maintenance.
The funds will be used to contract Jahrig Electric to remove old
junction boxes and install new ones in seven (7) lift stations:
The old ones are inside the lift station manhole and we are always
having problems with them - moisture, condensation, corrosion,
etc... The new ones will be in a junction box located outside of
the lift station manhole. The purchase order, Jahrig's proposal,
and drawing are attached.
Page No. - of — pages
JAHRIG ELECTRIC
P. O„ Box 51
KENAI, AL.ASKA 99611
�1 `! - Phone 283-4262
TO X45
Proposat N2 1082
PHONE
DATE \
JOB NAME / LOCATION
JOB PHONE
ARCHITECTS
DATE OF PLANS
We hereby propose to furnish, in accordance with specifications below or on attached pages, all material and labor necessary to complete the following:
> lam_ ti•�C._ o _v�/ �i �/vN. b.� r�ve� ���Y ��� D°e
1,Atu-114 Ra-4 a_, $ 4�f l A K, __ BF't oA D
for the sum of (W - V,: N� /�yv�0 gib J6�7lC�tJ l �a �'4C1� dollars ($ i PAYMENTS TO BE MADE AS FOLLOWS:
I
-- -- !% X /2 Co 7 Co c1 ° • _
All material is guaranteed to be as specified. All work is to be completed in a work-
manlike manner according to standard practices. Any alteration or deviation from the Authorized
above or attached specifications involving extra costs will be executed only upon written Signature
-ders, and will become an extra charge over and above the estimate. All agreements
Ttingent upon strikes, accidents or delays beyond our control. Owner to carry fire, Note: This proposal may be
nado and other necessary Insurance. Our workers are fully covered by Workmen's withdrawn by us if not accepted within days Compensation Insurance.
r�Affr tmr of rn}�nsot —` The above or attached prices,
specifications and conditions are satisfactory and are hereby accepted. You are Signature _
authorized to do the work as specified. Payment will be made as outlined above.
i
Signature
Date of Acceptance:
JAHRIG ELECTRIC
P. 0. Box 51
KENAI, ALASKA 99611
(907) 283-4262
JOB
SHEET NO.
CALCULATED BY
CHECKED BY —
SCALE
r,,D jD Poo&-<
cot?o
�C,oRr
FCC
yAl�ies ,
OF —
DATE
DATE
�I
a� a c, D,,4-nc tr
('Ic , ti �i4cft l yx Ir x 6
Y; c ;v r v 0
I,
of -to -R
■1
S7
or a osm-
DEPARTMENT OF REVENUE 550 N! 7TNAVE
ANCHORAGE, ALASKA 99501.8698
ALGY7IF+�LICBEVERAGEGl7VVrROL BC1AR0
March 20, 1990
Janet Ruotsala, Clerk
City of Kenai
210 Fidalgo
Kenai, AK 99611
Dear Ms. Ruotsala:
We are in receipt of the following applications for renewal of liquor
licenses within the City of Kenai. You are being notified as required
by AS O4.11.520.
BEVERAGE DISPENSARY
Kenai Merit Inn
�
S9t
RECREATIONAL SITE
Peninsula. Oilers c
VRI-
r �
I� O
cc; Kenai Peninsula Borough
PACKAGE STORE
PJ-
1791-1991
CITY OF KENAI
62apiW 4 4iad46a 1 "
210 FIDALGO KENAI, ALASKA 99611
TELEPHONE 283 - 7535
FAX 907.283-3014
April 20, 1990
Alcoholic Beverage Control Board
550 W. 7th, Suite 350
Anchorage, AK 99501
At their regular meeting of April 18, 1990, the Kenai City
Council stated they had.no objection to renewal of liquor
license for the following:
Restaurant/Eating Place
Little Ski-Mo Drive In
The Council asked for a 30 day extension for the following:
Beverage Dispensary
Kenai Merit Inn
This request was received March 23, 1990. You will be
notified before the May 23, 1990 deadline.
Thank you.
Janet: Ruotsala, CMC
City Clerk
jr
B•vreg• Control Board
a Avenue
ash. wso,
(9e7)27-e638 `
This application b for (check onal
't
PAGE 1 OF 2
LIQUOR LICENSE APPLICATION
(Please read separate Instructions) Send Pane l end 4 to the ABC Bow.
Kaap Pert 3 for your ,
IN.
I A tuli calende Year ❑ The 0 month period beginning — __ and erMing _
SECTION A. LICENSE
INFORMATION. wet be comp«ad Im all rAM of opplkellons.
yp. Mo.. "—* For License Yew Fedw.l EIN
F R e sec. w.11. ('90 1 9 Q (%
wlmb . w kWMISP.7) OR ❑ ouladewridpwity
s ` �� �n r V
License F�J
Typed ApplkYbn:
❑ we
Filing Fee $ 100.00
❑ Trrnfwof
• Number
tt renweAl, has sxercls W or tlhe et Matt 3g •IgM-nobs
days dudngthe past ol KNVyear? JAB W.11.33g3))
Penalty (14 .
applicable) $----
LI.— Holder
❑ Rwocatbn
N oc, applcatln as be denied unMas wrlken request for
YES awes of operation b approved by the Aleoh*k Bever"•
❑ NO Contra Bow.
TDfal �O
Lsubmitted $
Enter aboic. to or bansferaes hems and nomng
address As II should eppeor pn me scenes'
Busldw A,e (Burner N
_�V A_,
�G2'
Community Coundl Nana end Melling Address
Sae Instructions)
lyl.%nrq'
vat ^'i 8 t o n--
L n (_ L C � ,. < < . k
w aZaaw mmal .
C- ,/ cc'S Low i�
4 O.Z V
T14S IS A NEW AWLING ADDRESS
—)
CRY �� O �- w, I j? w S �
Business Phone Nun be () 3
SECTION B.PREMISES TOBELICENSED.welw°o atedi.,— and! Relocation appkelwn..
s VIM b be used on public
°r win advartMYllp te Unm y pbe.:
Is I —do i a prom. gned, man or lass man 50 mass from Ira bo,—O- of e
dry, borough
%yc tilj I r; c 4
. Tn �. 1� (G '�
rhunicipaay (Inamponifed or unified munkVenNl7
),,(
qo».1 School Ground.: Dblano mwurod under:
—Ioswt CnurM:
AS O4A 1.•10 OR
❑ GraV V tflan 50 rtdlaa }y Lass m VI 50 mMs El Not Applicable
I ❑ LotLocalOMnenc. No.:
—�_
Renseee b be N—hod 1.:
❑ Fl— .ubni0ed b R, kMw and .haA (Required for new proposed bu Adings)
6 FM
❑ Naar Sul ❑ Bu
❑ Disignon, of Preraw Attached (Required bat M New and Relocation applications)
SECTION C. RENEWAL INFORMATION. sentD000npasdtor Reh«wlepglkatkn•only.
Hes the V.a where Alcoholic beverages are sold. servW.
Has me sbt•merd of financial lnt•wcNrped from lie bat
PACNAOESfORE W thendicoWsIIAlmhoMc bavw
eo n.d,to••we•daM'orstorodbeen changedhom Ins
"--a sub . b the AlcMo0c Beverage Control
agse h mponw to wnnen orders being renewal 7
rt dbgran submlmd?
Bow?
[] YES NO
❑YES NO
❑ YES ❑ NO
TRANSFER INFORMATION. W&WamnpwWrofTramWotiJcna twmwwWFtemoanonepplkammony.
_SECTIOND.
❑ Involuntary Transfer. Attach documents which evidence "d.Wr under AS
Nwr*x) and Maebg Addrw a CunM Lkansea(a)
a.11.67tt.
❑ Replier Transfer. Any kMrument executed under AS 04.11.670 W purposes of
oppl" As 04.11.360(•)(B) In a Now Involuntary transfer, must W Mod with this
appeals.(15 MC 104.105(q).R.alorpareonwpropwymnv.y dwenmi tb .Ior
b: (Attach extra enaete A nocwary)
BEFORE TRANSFER. Doke Business As: (BUNnesa Me—)
---�
BEFORE TRANSFER, SUM Address or Location
INFORMATION.
wwbeconplwWysgakwwco-eppxrsertbecwptneb..(AS 04.11.390)
_SECTIONE.CORPORATION
Corper w Nara ���//II �Nr✓</J2�
Ddrhg Bueb.so As IS al nw NyrLm)
cr.in,
Data of Iroorporeaon In Alaska
_c
Wang * O x l r
0 7 V
r
Brost Addmea Location Bu
��U S w,
cry, sir•, Zb
Clly eW $late
Corporate Once Phon. No.
Is Uhl nova nwnW cwpomIk,1 III good stem" vvhh the State of
Alewuk Deportment d Comrnroe and Emnomk Devekprmnt?
YES ❑ NO
F10941eredy Agent (Norm W A7NAnp AWrse.)
V1` l n! L 7w 5 c-
J u 07 `
Agents Alaska Raeld.ncy
Y•are; L ` Wntne_
Agents Phone No.
CORPORATION DIRECTORS AND STOCKHOLDERS (else addMonal
shoots If n.ow.ry)
% or Shares of
— —f— Full Nan• (Do not use Inklab)
Home Address
Date I Bldh
Ownership
ff
l�� �l^`-� T �� ��5�._ •ems
1
� n I
<�� ���. �A,e.�,�S 'iN�-\ 915('
2,1
:�1��5�'y
i
9(f
�� � _
...�
+6
THIS AREA OFFICE USE ONLY
Lk --Number I Data Approval Dlradofeslgnwre -
I hash 04.901 Page I (Rev. &891
6LASIFA LIQUOR LICENSE APPLICATION
PAGE 2 OF 2
SECTION F. INDIVIDUALICORPORATE OFFICER INFORMATION. The tooneirlg mtonntlbn moota Provro.a for each appno.nl or wrporol. ofer. If the
applicant or co-appltcwn b a cnm—non, the officers noted mist lomd. the Prealoan4 vice-PnImont, Secntwy and Troa.unw. Use additional P.Q. M n .Y,
Ful NarM ( not cant n11alU.— N
�� r, JGh F'rc v5«- �I
Fu1 NwM (Do nw yr Intl.b
�,.�J
Meary Addroo.
loll Aadr—
77
CRY, Sato, zip Code
Clay, State, Z4 Cod.
lbws 1 different from ing dome.)
HotrsA q different from metlbg edw.M)
ZO C �w %Uc.0 .�
.G �� �_ C - . cU e ✓.�
Dtle
v"1171�
e
Kronins
Work Phone
Dtle Of"
Hon1e Phone
Woe. Phone
L IhofNaok.Raelclon.yl
tsppkentbacoryortllon,MwNly Mecorpaet. office You
hokt.
LenpM of AleMe
Reolderle
9 WPMant M acorporedon, identify Me con—doof9ceyou
kold.
me
YNf
Montle
�R� S
�
_
FUR NrM (Do rrol uoo Idntls)
Full Nerve (Do W uoo fntbb)
Ma/tp AOdfMe , -
Mtleq Ad&Me
city. State. ZIP, Cod. •.
CRY, State, Zip
�Hwrs AddMs (1 different from maling address)
Hones Mdreee (f different from rrleltlg aodraes)
Del.d BIM
l
Home Ran. r - I
_
-Won P" �,.--�
r
Date of Birth
Hone Phone
Woe. Phone
of Ned. RMMency
IFMWJcantb.cwporatlon, kkmtlytMCwpwtledllu you
ofAheka
If 1ppllcant 1. acorporalon, MentlfytMCorporet.otfb.you
[Lo%th
Yews
Montle
_Length
Yee"I Montl.
front'
h"'
SECTION G.INDIVIDUA000RPORATEOFFICER BACKGROUND. War beourroatedfor -1"of ofawkstlnna.
boon any novMuw w corporae otmoor nam w above now have any duct w W~ wtenat In any dhor aboholle bes,"a buolnoM 11ceneed In Alaska or any Omer Staley
NO YES If YaIL ON- -We, name of buslmaa, and add—.
How any hdvdual w corporate officer Rated above been conldod of a falony, a violation d.A804, or boon convktod M a Ioe1MM w n anoper of Ikoneed prernio" In another ertle
191for laws d Mat the tMrp tle letl epplkatlon7
oftle.krn of ' _ _ j� .. _
r.'IV I,?, Lk vl- :,,I I/l �..
__
NO Cl YES fi ye., plea.. explain on ..p— ab.0 or paper. r )
$E�TION H. DE LARA N. Must be new and certlbd by each WPRcw".
I declare under penalty of perjury that I have examined this application, Including the accompanying schedules and statements; and to the
best of my knowledge and belief It Is true, Correct and complete.
I further cently that I have read and am familiar wfth Title 4 of the Alaska statutes and its regulations, and that In accordance with AS O4.11.450.
no person other than the appllcant(s) or Ilcensee(s) has any direct or Indirect financial Interest In the licensed business.
II agree to provide all information required by the Alcoholic Beverage Control Board In support of this application.
If application Is for a Beverage Dispensary or Package Store license, I certify that each applicant named on this application has resided In
the state of Alaska for at least one year prior to the date of this application; and/or the applicant Is a corporation registered and qualified to
do business In the state of Alaska for one year prior to the date of this application, or all of the shareholders have resided In the state of Alaska
for at least one year prior to the date of this application.
SIGNATURES OF CURRENT LICENSEES APPLIC
SIGNATURES OF TRANSFEREE S
f
S-1bad erM a— to W W n me Me - 'I '
Sub.wWd wen .wom ro before m. IN. _.
r'
day of tip r
day of .19
NOTARY PUBLIC IN AND FOR A ASKAI A '
NOTARY PUBLIC IN AND FOR ALASKA
/ �
/
• �
My comnte.bn expin. __.../ _
kW aerwnbtlon ..paw __
Fonn 0 901 Pape 2 (RM. ere9)
D-1
KENAI SENIOR SERVICES
COUNCIL ON AGING
AGENDA
March _1-2'; 1990
1 p . m . 2,?j
ROLL CALL
AGENDA APPROVAL
APPROVAL OF MINUTES
OLD BUSINESS
1. Transportation Policy
2. Frail Transportation Policy
3. Building Expansion
4. Congregate Housing
5. Nik,iski Meal Site
6.
NEW BUSINESS
1. Increase Congregate Meal Contribution
2. Rental of the Building
3.
4.
MAYORS COUNCIL ON AGING
March 22, 1990 - 1:00 P.M.
Kenai Senior Center
Frances Meeks, Vice'President Presiding
1. ROLL CALL
Present: Meeks, Funk, Huddleston, Moore, Seay, Wilson
Absent: Hollier (excused)
2. AGENDA APPROVAL
Agenda approved as submitted
3. APPROVAL OF MINUTES
MOTION:
Mr. Moore moved approval of the minutes, seconded by Mrs. Funk
VOTE:
Motion passed by Unanimous Consent
4. OLD BUSINESS
a) Proposed Individual Transportation Policy
Director Porter explained that there were changes in the policy due to high
costs and explained the proposed changes. When the mileage exceeds 10
miles round trip the fees will be: 10-25 miles = $5.00 and 25-40 miles
_ $10.00 per round trip.
MOTION:
Mr. Moore moved to accept the transportation policy as submitted, seconded
by Mr. Huddleston
VOTE:
Motion passed by Unanimous Consent
4-b) Proposed Transportation of Frail Individuals Policy
Director Porter explained the current policy and the reasons for the
change. Vice President Meeks read the policy for those present. The
policy sets the times for use at 10 A.M. and 2 P.M. on a reservation basis.
MOTION:
Mr. Moore moved approval of the policy, seconded by Mr. Seay
VOTE:
Motion passed by Unanimous Consent
COUNCIL ON AGING
March 22, 1990
Page 2
Director Porter further explained that the times for transportation were
necessary due to the adult day care needs in transportation during those
hours.
NOTE:: A copy of those policies are attached.
4-c_ Update on Building Expansion
Director Porter displayed a blue line drawing of the proposed dining room
expansion and explained the drawing in detail. The expanded section will
very closely resemble the existing facility with the same carpet and decor.
Mr. Ladd asked about the sound problems. Director Porter explained that
in the drawings of the original building, Mr. Gintoli had left out
provisions for acoustics. The rooms had bare floors and walls which didn't
help. From their own money, the Seniors put up acoustical panels, drapes,
and carpeting which helped a lot. Director Porter proposes drapes as
opposed to the shades now in use to further help with the sound problems.
Mr. Ladd asked about fire exits and stated that he had been to the City
Council meeting the prior evening and also had spoken to Mr. Brighton.
They agreed that an ambulance could not get to the exits on the bluff side
Of the! building. Mr. Ladd felt that people could not be removed through
anything but the front door. If the fire department were called they
couldn't get around the building. Director Porter explained that the plans
would be reviewed by the state fire marshall and that if he felt the fire
exists were not positioned correctly, he would notify the proper authority.
Also, if it were you're own home, they would come to your front door, it
is usually the largest door anyway. If the board wanted to move a door
it would lose a closet and revise the plan. Mr. Kluge is ready to have
the package go out to bid. Mr. Ladd talked with the City Manager who
agreed, and he wants the board to see that all exits are kept cleared of
snow. Senior Director Porter answered that Mr. Blackmore has already
cleared the back door for use and further that there is not money in the
budget for a complete change in plans which have already been approved.
Mrs. Warren stated that she would take the Fire Marshall's word on the
situation with the exits.
MOTION:
Mr. H:uddleston moved to accept the plans as submitted, provided they are
approved by the fire marshall, seconded by Mrs. Funk
VOTE:
Motion passed by Unanimous Consent
4-d._ Congregate Housing
Direc:tol- Porter reported that they sent out over 5,000 post cards. The
Seniors are making it work. Several Senators were at the Center two weeks
ago and toured the facility and had lunch. There will be a hearing on
March 28th at 1:30 P.M. at the Center.
MAYORS COUNCIL ON AGING
March 22, 1990
Page 3
Twenty-five pounds of fudge was sent to the senators and legislators. They
will. get it tomorrow with a poem entitled, "Ode to Congregate Housing".
Mrs. Warren relayed a phone conversation and read a letter from Rep. Mike
Navarre who is not the most supportive of congregate housing. Mr. Ladd
felt: it was because of the money.
4-e. Nikiski Meal Site
Director Porter handed out a breakdown of costs for the Nikiski area now
being served by Kenai. The cost is now $1.75. Mr. Moore expressed the
opinion that it looks like from the number of miles and the cost of the
food it is not getting a return. Director Porter answered that the Center
doesn't break even anyway. Part of the money for the food comes from the
government. The real problem is the number of miles we are travelling.
They may want to change the meal site. In the beginning they were trying
to get. their own senior center, however, it never came to pass. We started
serving meals at a church that was 16 miles from Kenai one way. We are
committed to providing meals through the middle of April. We still don't
know what Nikiski is doing about forming their own group.
5. NEW BUSINESS
a. Increase Congregate Meal Contribution
The board previously had discussed raising the prices of meals. Since then
Director Porter suggested further consideration based on the fact that she
had done some comparing of Kenai's costs to those in the surrounding area.
We got: a grant that is for five years, i.e., we have five years to spend
this money. This year we are going to be $6,000 short on our food budget
and this is the first time this has happened. The reason is that we are
now serving over 100 meals per day and getting fewer provider dollars which
are going down. Seward and Homer are now at $2.00.
Mr. Huddleston stated that a few months ago, we discussed the price going
up with Soldotna so that both would raise at the same time. There are some
peoplE! that go to both centers. Mr. Seay stated that he believed that we
wouldn't lose that many people if the price were raised and Soldotna
didn't.
The Board agreed to contact Soldotna Seniors and a raise in the price
passed along.
MOTION:
Mr. Huddleston moved to change the price of a meal to $2.00 effective May
1, 1990, seconded by Mrs. Wilson
VOTE:
Motion passed by Unanimous Consent
Director Porter will draft a letter for the Soldotna Senior Program
informing them of the raise in price and the effective date.
MAYORS COUNCIL ON AGING
March 22, 1,990
Page 4
5-b. Rental of the Building
Director Porter reported that we are renting the building and it has been
used for wedding receptions. That will probably increase when the building
is expanded.
Mrs. Warren stated that the Pioneers of Alaska are holding their convention
in September and there is no where on the Peninsula that will hold any of
the meetings with the exception of the Sports Arena. Kenai does not have
a place to hold any affairs that calls for around 110 people. They are
expecting 500 to 600 people coming into the area. The Center is going to
serve the breakfast on the last Sunday morning of the convention.
6. BOARD QUESTIONS AND COMMENTS
a. Director Porter asked Mr. Ladd not to represent the Center when
appearing before Council. When appearing Mr. Ladd uses the phrase "we
Seniors" which would appear to indicate the Senior community. There are
some that do not agree with Mr. Ladd.
Mr. Ladd: There are some of the Seniors that want to be heard and so I
speak Like last night, I think most of them are not familiar with safety
and that was what I was talking about. The main thing was safety and f ire
hazard. I talked to Bill about it and he told me to go and talk to Howard.
Director Porter: You have said that this board does not listen to people
and that is not a true statement. I just want you to please be more
careful and I wanted to bring it up at this meeting because at City Council
that sometimes happens and I want the board to know about it.
Mr. Ladd: I don't use that "we" because in front of the people I use "I"
every time I spoke. I'm a big boy, I'm speaking in the mike, its public
information so I know I use the word "I" because Clarence don't .. I don't
recall using "we".
b. Mrs. Meeks asked that, in a married situation where one is eligible
to use the facility, and should the eligible spouse dies, do they have a
right to use the facility. Director Porter stated that anyone who is 50
years of age can use the facility. Anyone they are married to, either male
or female regardless of age, is treated as a senior citizen and receives
the same services. Once the eligible person/spouse dies, the spouse
continues the service. You wouldn't want to be in a position of saying
that because "Joe" passed away you can't come to the Center any more. The
service! continues. Mrs. Warren stated that Title III Act of the federal
statutes clarifies that because we do receive federal monies. Mrs. Johnson
stated that the only requirement she is aware of is that the spouse would
have to come in and sign up. The board continued discussion and agreed
that Director Porter will check on it and return with a report at the next
meet .ing .
MAYORS COUNCIL ON AGING
March 22, 1990
Page 5
7. ADJOURNMENT
There being no further business, the meeting was adjourned at 2:07 P.M.
Janet A. Sumey
Transcribing Secretary
KENAI SENIOR SERVICES
POLICY: Individual Transportation
It is the policy of Kenai Senior Services to charge a fee for
transportation which is provided, on an individual basis, when the
mileage exceed 10 miles roundtrip. The fees shall be as follows:
10 to 25 miles .......... $5.00 roundtrip
25 to 40 miles .......... $10.00 roundtrip
All transportation must be completeted by 4 P.M.
* This policy does not apply when using a regular scheduled route.
KENAI SENIOR SERVICES
POLICY_ Transportation of Frail Individuals
It is the policy of Kenai Senior Services to transport those
elderly who are physically able to assist themselves in the task of
entering .and exiting the vehicle.
The driver, either staff or volunteer, can not assume the
responsibility of lifting individuals.
Transportation is available through the use of a wheelchair
equipped vehicle during the hours of 10 A.M. and 2 P.M. on a
reservation basis.
KENAI PARKS & RECREATION COMMISSION MINUTES
April 3, 1990 7 P.M.
City Hall Chambers
Chairman Richard Hultberg
1. ROLL CALL: The meeting was called to order at 7:30pm by
Commissioner Hultberg. Members present were: Hultberg, Sandahl,
Hanson, Massie. Commissioners Siebert, Carlson and Murphy were
excused.
2. APPROVAL OF AGENDA: The agenda was approved by unanimous
consent.
3. APPROVAL OF MINUTES OF FEBRUARY 20, 1990: The minutes were
approved by unanimous consent.
4. NEW BUSINESS:
a. Bicentennial Basketball Tournament: The Parks and Recreation
Department have agreed to handle the tournament that is scheduled
for April 13-14, 1991. Teams from Homer and Seward are expected
to attend. We are expected as many as sixteen teams to compete.
The tournament will be held at Kenai High School and there will
be an entry fee. The official sponsor will be the City of Kenai.
b. NRPA National Youth Fitness Day: The National Recreation and
Parks Association has scheduled a National Youth Fitness Day in
May. The Parks Department will be setting up a NRPA Fitness
Program and incorporate it into their 1990 summer program for
young people from 6-12 years old.
c. Arco Jesse Owens Games - June 30th: The games will be held at
Nikiski High School this year.
5. OLD BUSINESS:
a. Basketball League: The men's league finished up this week. It
was a good season.
b. Budget: Commissioners reviewed the final 1990-1991 Parks and
Recreation and Beautification Budget. Several items including the
tractor and additional personnel and hours have been cut from
the budget.. The memo concerning the equipment request was in
the Commissioner's packet.
6. DIRECTOR'S REPORT:
Director McGillivray reported on the ski trip scheduled during
spring break. The trip went fine even through several young
people signed up for the trip and were unable to go. Bill ended
up borrowing the Nikiski High School van to take the kids. A
letter thanking the school for borrowing their van has been sent.
An agreement has been made to let the Carr's employees use the
teen center gym (one time only) on a Sunday. They will be paying
$200.00 and this is normally a slow day for the Teen Center.
Page Two
Parks and Recreation Commission Minutes
April 3, 1990
Kayo also reported on the Beautification Committee. The
Bicentennial Commission has received permission to put a sign up
at "Big John's" on the Sterling Highway. There will be no charge
for having the sign there and a sign is being designed for that
location. The Beautification Committee is also looking at the
cleaning up of Old Town. The approach being taken will be to send
letters to the owers of that property and ask for their help. The
local clean up day this year will be the second Saturday in May.
(May 12th).
7. CORRESPONDENCE: There was a letter from the University of
Alaska swim club thanking the Teen Center personnel for letting
them stay there during the recent swim competition.
A. ADJOURNMENT: The meeting was adjourned at 7:40pm. The next
meeting will be the second Tuesday in May at 5pm if secretarial
services can be arranged.
Respectfully submitted,
Patti Truesdell, Recording
Secretary for the City of Kenai
KE NA 1: PLANN = NG & Z O N = NG COMM = S S = O N
April 25, 1990 - 7:00 P.M.
City Hall Council Chambers
Phil Bryson, Chairman
AGENDA
1.
ROLL CALL
2.
APPROVAL OF AGENDA
i
3.
PERSONS PRESENT SCHEDULED TO BE HEARD
4.
PUBLIC HEARINGS
a. ..Resolution 90-8: Petition to Rezone those Properties Known as Kenai
Landfill from Rural Residential (RR) to Recreation (R)
b. -'Resolution 90-12: Encroachment Permit
for Lot 12, Block 5, Redoubt
Terrace SID - Side Yard and Rear Yard
Setback - HUD
5.
APPROVAL OF MINUTES
April.11, 1990
6.
OLD BUSINESS.
7.
NEW BUSINESS
a. Tidelands Lease Application: Tract C,
Kenai Tidelands Survey
No. 1 - Larry Powers
b. Review in Old Towne: Remove Buildings
for Reconstruction - Will
Jahrig
C. Preliminary Plat PZ90-9: Beaver Creek
Estates
d. Preliminary Plat PZ90-10: Baron Wood
SID #2
e. Preliminary Plat PZ90-11: Spur SID 49
8.
PLANNING
a. Training Session for Commissioners
9.
REPORTS
a. City Council
b. Borough Planning
C. City Administration
1
r10. PERSONS PRESENT NOT SCHEDULED TO BE HEARD
11. INFORMATION ITEMS
a. City Council Agenda - April 18, 1990
b. Borough Planning Agenda - April 16, 1990
12. COMMISSION COMMENTS & QUESTIONS
13. ADJOURNMENT
C
2
KE NA 1: PLANNING & Z O N= NG COMM I S S= O N
April 25, 1990 - 7:00 P.M.
City Hall Council Chambers
Phil Bryson, Chairman
1. ROLL CALL
Present: Bryson, Bannock, Graveley, Rehm, McComsey
Absent: Glick, Harbaugh (excused)
2. APPROVAL OF AGENDA
MOTION:
Commissioner McComsey moved approval of the agenda as submitted, seconded
by Commissioner Rehm
VOTE:
Motion passed by Unanimous Consent
3. PERSONS PRESENT SCHEDULED TO BE HEARD
None
4. PUBLIC HEARINGS
a. Resolution 90-8: Petition to Rezone those Properties Known as Kenai
Landfill from Rural Residential (RR) to Recreation (R)
Chairman Bryson asked Mr. Dick Troeger, Borough Planning Director to come
forward and speak to the issue. Planning Specialist Sumey reported that
at the last Assembly meeting both items dealing with the landfill issue
were tabled.
Mr. Traeger: As you just informed, the Assembly tabled both issues, one
dealt with the commercial lease of the property and the other item was that
the Administration would operate a transfer site. I suspect that they will
remain on the table until some other plan is brought forth. I also believe
that some other plan will come forward from Administration.
Considering that action by the Assembly, together with the memo from your
attorney it would appear that it would be reasonable to clear the agenda
at least: on the rezone for commercial use. I'm not sure that I'm in the
position to withdraw the request or if it is appropriate but at least I
suggest to you that, from a planning standpoint it would be reasonable to
consi<er that action to clear your agenda.
It also appears, if I understand Mr. Roger's memorandum, that if the
Borough were to operate a public transfer site that perhaps we do not need
KENAI PLANNING & ZONING COMMISSION
April 25, 1990
Page 2
to take any action. It would not need a rezone and it would not need a
conditional use permit and I would need some clarification from you on
that. Mr. Roger's memo states, "land on which the landfill is located is
zoned Rural Residential because the landfill is currently owned by the
Borough it is exempt from the Kenai zoning provisions of KMC Title 14.
So we are exempt for the landfill it would appear to me that we are exempt
from operating a transfer site. However, I would have to leave that up
to the City on how we would proceed.
In any event it appears the commercial site is being tabled and with no
date to bring it back you might consider clearing that from your agenda.
Commissioner McComsey asked about the Recreation zone being appropriate
for a commercial operation. Planning Specialist Sumey answered that the
zone combines two uses, residential and low -impact commercial. You can
charge for a service in both zones, however when you consider the future
development, the Recreational would be more suitable as opposed to either
commercial or residential. Commissioner McComsey asked if a recycling
plant as a private enterprise wouldn't it be higher activity.
Chairman Bryson stated that.the memo itself was initiated by a very general
hypothetical situation. Mr. Troeger is requesting that we take action on
the item. I personally don't have any problem with that. Commissioner
McComsey agreed, just that the recreational aspect wouldn't go along with
commercial. Chairman Bryson stated that perhaps it would need to go back
to administration.
Mr. Troeger stated that at the beginning there were discussions with the
City, about a commercial operation at that site and at that time we were
not aware that you had a new recreation zone so we felt we would have to
get a rezone to put some type of commercial activity there. The Recreation
zone appeared to be the most compatible with future use. However, it still
appears that the zone would require a conditional use permit to operate
a commercial business. We would like to change the zone so that we
wouldn't have to acquire a conditional use permit. Personally, from a
planning standpoint a conditional use permit is more suitable no matter
what zone it is. If the zone would allow such a permit. I do not believe
a transfer site, if it should be put in by the Borough, would be there for
some time.
The Borough is still in the process of developing a solid waste long range
plan and in connection with that some permanent sites will probably be
identified and whether one stays at that site is unknown. If it should
be a temporary solution for a year or two, again the conditional use permit
would seem to be the most feasible. If that should come about we need to
apply for one soon. The conditions placed could be on a yearly renewable
basis so you would still maintain control. I do not like rezones unless
it really fits in with your Land Use Plan. Long range planning is
certainly why you're here. The issue is far from being settled at the
Borough level.
Chairman Bryson called for comments from the public, there were none.
Chairman Bryson returned the issue to the Commission for comments.
KENAI PLANNING & ZONING COMMISSION
April 25, :1990
Page 3
MOTION:
Commissioner McComsey moved to remove the item from the table, seconded
by Commissioner Bannock
Councilman Smalley stated that the Council would prefer that this body
table this issue until the Assembly has dealt with it. The Council is
aware of the difficulty out there and obviously is working with the
Borough, however, it is perceived by Council that it is more of a Borough
problem than it is a City problem. We would like to see some type of
resolution come from the Borough before we take action on it.
Commissioner McComsey asked if the rezoning was just that and does not
approve a transfer site. Chairman Bryson stated that in Borough
discussions were that the proposed zone would be appropriate for a
conditional use. Commissioner Rehm asked about the length of time for a
permit, answer indefinite unless specified. Planning Specialist Sumey
explained the Recreation zone, that for example a ballfield would have
accompanying concessions, a fishing guide operation might have a bait
shop, etc. So the possibility of a commercial mix is there. Commissioner
Rehm asked if it would be possible to issue a specific conditional use
permit. Chairman Bryson answered yes, it is specific to the activity but
they haven't asked for one: Commissioner Rehm stated that this would
prohibit them from, for example opening up a grocery at the site.
Councilman Smalley: When legal counsel talked to the Council, it was our
understanding that the Borough could go in there and open a transfer site
as it presently stands and be responsible for hauling the refuse to
Soldotna. By taking action at this level, it potentially opens the door
for a conditional use permit to come in for private entities to be able
to operate either for free or a fee type situation. The fee situation is
what the City is opposed to. By creating the opportunity by rezoning it,
then Council feels we're taking action we want to hold off on until we get
some type of action from the Borough Assembly.
VOTE:
Motion failed unanimously by roll call vote
By failing the motion to remove from the table, 'the intent of the
Commission was to allow the resolution to remain tabled indefinitely.
4-b. Resolution 90-12: Encroachment Permit for Lot 12, Block 5, Redoubt
Terrace S/D - Side Yard and Rear Yard Setback - HUD
Planning Specialist Sumey explained that there are two additional items
passed out this evening. One is a letter protesting the granting of the
permit, another is photographs of the property taken this afternoon by the
Building Official. What the Building Official found was that the building
is a story -and -a -half as opposed to a two-story due to the lower half of
the Liu_L]_ding being a daylight basement. Also included in the material is
a copy of the building permit issued in 1977 for the original structure
indicating that the setback was to be 5'.
The photographs also indicate that the carport is several feet into the
utility easement at the rear, according to the placement of the utility
KENAI PLANNING & ZONING COMMISSION
April 25, 1990
Page 4
pedestal at the rear of the lot. The Commission agreed not to deal with
the carport issue, but to recommend that the applicant proceed through the
Borough with appropriate action and a separate review would be held by the
Commission.
The Commission agreed that the best way to handle the resolution was to
defeat it since no encroachment exits based on investigation handled this
afternoon.
Building Official .Hackney came forward and confirmed the information,
stating that upon walking the property he was unable to find a survey
stake, however, it would appear that the carport is 4.9' from the side lot
line which makes it encroaching by about 1/2". However the carport is an
accessory building.
MOTION:
Commissioner McComsey moved approval of PZ90-12, seconded by Commissioner
Rehm
VOTE:
Motion failed unanimously by roll call vote
Finding of fact for the defeat is that, based upon on -site investigation
and the information provided on the building permit, the structure is
single story and does not violate the setback.
The representative of the owner indicated that he has already applied for
the vacation of the easement.
5. APPROVAL OF MINUTES
April 11, 1990
MOTION:
Commissioner McComsey moved approval of the minutes as submitted, seconded
by Commissioner Bannock
VOTE:
Motion passed by Unanimous Consent
6. OLD 13USINESS
None
7. NEW BUSINESS
a. Tidelands Lease Application: Tract C, Kenai Tidelands Survey
No. 1 - Larry Powers
Administrative Assistant Howard explained that she had received preliminary
plane from Mr. Kluge today showing what Mr. Powers intends to build plus
a coIDy of the Corps of Engineers application. Administration has no
problem with the application, but before a lease is entered into we would
like to see the drawings signed by the engineer and a copy of the Corps
permit, for this project.
KENAI PLANNING & ZONING COMMISSION
April 25, 1990
Page 5
City Engineer LaShot brought forward blue line plans for the dock area.
The plans are marked preliminary, however, we expect to have them signed
before a lease would be entered into. There are a couple of small
differences between the plans and the Corps permit, and Mr. Powers will
take care of that through an amendment to the Corps permit.
Chairman Bryson asked if the comments from the memo are part of the staff
report:. Administrative Assistant Howard answered that the Council had
discussed it and there are some things that need to be done. When Mr.
Powers had applied previously, part of the condition of that lease was that
he provide a Corps permit and that was the recommendation of the Harbor
Commission and Administration.
Chairman Bryson asked if the length of the penetration of the tidelands,
if itself is in conformance of what the Harbor Commission wanted to limit
it to. Administrative Assistant Howard answered that they had no problem
with the first applicaton. We had the property surveyed and this will go
to the Harbor Commission on April 7th.
MOTION:
Commissioner McComsey moved approval of the tidelands lease application
with the exceptions that administration brought forward, that the plans
would be drawn and be stamped by an engineer and a copy of the Corps permit
be included and that the Commission finds the use is in conformance with
the zoning,, seconded by Commissioner Gravely
VOTE:
Commissioner Bannock asked questions regarding the portion of the lease
to be approved and the questions were answered.
Motion passed by Unanimous Consent
7-b. Review in Old Towne: Remove Buildings for Reconstruction - Will
Jahrig
Mr. Jahrig was not in attendance.
Planning Specialist Sumey explained the project stating that in order to
protect the integrity of the Townsite Historic Zone everything done must
have a review. Mr. Jahrig plans to removed the existing dome buildings
which lie on the bluff in Old Towne and replace them with a wooden
structure which will be determined at a later date. The first step in the
project, however, is to remove the buildings.
It was further explained that money has come available from the Historic
Societe and Mr. Jahrig may be applying for some of those dollars.
MOTION:
Commissioner Gravely moved that the Commission finds the proposed removal
of tJ�c domed buildings from the described property lying within the
Townsi.te Historic Zone would be within the guidelines of the zone, seconded
by Cciinissioner McComsey
KENAI PLANNING & ZONING COMMISSION
April 25, 1990
Page 6
VOTE:
Motion passed by Unanimous Consent
7-c., Preliminary Plat PZ90-9: Beaver Creek Estates
Planning Specialist Sumey explained that this is property adjacent to
Beaver Creek and the proposed Foster RV park project and is the site
formerly owned by Mr. Phil Ames. The lots fall within the bounds of the
zonj:ng code and Borough Subdivision Ordinance.
MOTION:
Commissioner McComsey moved approval of PZ90-9, seconded by Commissioner
Gravely
VOTE:
Motion passed by Unanimous Consent
7-d. Preliminary Plat PZ90-10: Baron Wood S/D #2
Planning Specialist Sumey explained that this is part of a parent
subdivision plat seen by the Commission a few years ago and part of it lies
within the graveled area owned by Mr. Fredrickson. The lots have been
subdivided to create larger lots.
MOTION:
Commissioner McComsey moved approval of PZ90-10, seconded by Commissioner
Rehm
VOTE:
Motion passed by Unanimous Consent
7-e. Preliminary Plat PZ90-11: Spur S/D #9
Planning Specialist Sumey explained that this is the site of the Kenai
Senior Center and that the plat allows for the proposed expansion of the
dining facilities.
MOTION:
Commissioner McComsey moved approval of PZ90-11, seconded by Commissioner
Gravely
VOTE:
Motion passed by Unanimous Consent
8. PLANNING
a. Training Session for Commissioners
The Commission unanimously agreed that it would be a good idea and would
plan. to attend, however, asked the secretary to remind them nearer to the
date.
KENAI PLANNING & ZONING COMMISSION
April 25, 1990
Page 7
9. REPORTS
a. City Council
Councilman Smalley not in attendance at this time.
b. Borough Plannina
Chairman Bryson reported on a proposed ordinance regulating the use of
easements and was initiated by the utility companies. Chairman Bryson
voiced concern over the verbiage presented by the legal staff of the
utility companies which laid responsibility for any encroachments onto the
property owner. Chairman Bryson will keep the Commission informed as the
ordinance progresses.
C. City Administration
The Commission was informed of the resignation of Planning Specialist Sumey
and the proposed restructuring of the Planning Staff. A list of contact
persons will be sent out to the Commission as soon as the positions are
settled.
10. PERSONS PRESENT NOT SCHEDULED TO BE HEARD
None
11. INFORMATION ITEMS
a. City Council Agenda - April 18, 1990
b. Borough Planning Agenda - April 16, 1990
No comments or questions
12. COMMISSION COMMENTS & QUESTIONS
None
13. ADJOURNMENT
There being no further business, the meeting was adjourned at 8:00 P.M.
The Commission and Council moved into a work session regarding
encroachments.
Janet A. Sumey
Transcribinc Secretary
f
AGENDA
KENAI CITY COUNCIL - REGULAR MEETING
APRIL 18, 1990 - 7:00 PM
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 PUBLIC COMMENT (10 Min.)
1. Tom Harris, Cook Inlet Housing Authority - Housing
Agreement
2. Lands Encroachment:
Dick Treager - Kenai Peninsula Borough
Jean Bunn - Southcentral Title
Cliff Baker - Surveyor
Curt Morris - Heritage Homes
Curt Erickson - National Bank of Alaska
Two Representatives from HUD
3. Representative from OEKOS - Fisheries Industry
Legislation, Membership
4. Gus Rodes - Complaint on Operation of Kenai Police
Dept.
5. Bob Nath - Encroachment of Building Utilities
Easement- Sungate S/D
C. :PUBLIC HEARINGS
1.
Ordinance 1363-90 - Increase
Rev/Appns - Air
Filters for
City Buildings -
$1,820
2.
Resolution
90-08 - Support of
Citizens Advisory
Committee -
Cook Inlet Oil &
Gas Industry
3.
Resolution
* - T-33 Aircraft
for Static Display
4.
Resolution
90-17 - Transfer
of Funds -
Supplemental
Appropriation,
Various City
Accounts -
$133,578
D.
Renewal of
Liquor License -
Kenai Merit
Inn (Request 30
Day Extension)
6.
Renewal of
Liquor License -
Little Ski-Mo
Drive In
D. COMMISSION/COMMITTEE REPORTS
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
E. MINUTES
F.
G.
ftf
1. *Regular Meeting, April 4, 1990
CORRESPONDENCE
1. *Alaska Boards & Commissions - Appointment of
Joanne Elson, Alaska Private Industry Council
2. *Alaska DOT Commissioner Hickey - Location of
Maintenance Station
OLD BUSINESS
NEW BUSINESS
1. Bills to be Paid, Bills to be Ratified
2. Requisitions Exceeding $1,000
3.
*Ordinance 1364-90 - Increase
Rev/Appns - Airport
Terminal Communications & Utilities
- $8,250
4.
*Ordinance 1365-90 - Increase
Rev/Appns - Senior
Day Care, Misc. - $4,816
5.
*Ordinance 1366-90 - Increase
Rev/Appns - Library
Books, Donations - $1,700
6.
*Ordinance 1367-90 - Increase
Rev/Appns - Council
on Aging, Title III - $10,600
7.
*Ordinance 1368-90 - Increase
Rev/Appns - Airport
Taxiway A-1 & A-2 Improvements
- $12,250
8.
Discussion - Cancellation of Fred
Meyer Lease -
CIIAP
a. Approval - Carr-Gottstein
Lease - CIIAP
9.
Discussion - Borough Res. 90-5
- Area -wide
Election for Borough to Assume
Animal Control
Powers
1.0.
Approval - Vacation of Section
Line Easement -
Kenai Original Townsite
1.1.
Approval - Appropriating Money
for Airport
Commission Training
I. ADMINISTRATION REPORTS
1. Mayor
2. City Manager
3. Attorney
4. City Clerk
5. Finance Director
6. Public Works Director
7. Airport Manager
J. DISCUSSION
1. Citizens
2. Council
K. ADJOURNMENT
KENAI CITY COUNCIL - REGULAR MEETING - MINUTES
KENAI CITY HALL
APRIL 18, 1990 - 7:00 PM
MAYOR JOHN J. WILLIAMS PRESIDING
A. CALL TO ORDER
Mayor Williams called the meeting to order.
A-1 Pledge of A1]Paiance
A-2 Roll Call
Present: Marj O'Reilly, Hal Smalley, Linda Swarner,
Kevin Walker, John Williams, Ray Measles
Absent: Christine Monfor (excused)
A-3 Agenda Approval
Mayor Williams spoke.
a. Item B-5 is the same concerns as item B-2
(encroachments). Change B-5 to B-3, and move B-3,
B-4 forward.
b. Add item B-6 (Donna Krein - Ash Cleanup).
C. Add item B-7 (KCHS - Dale Sandahl & Susan Crain).
d. Additional material for item B-3 (OEKOS)
distributed this date.
e. Item C-2 (Res. 90-08), amendment distributed this
date.
f. Item C-3 (Res. 90-18), distributed this date.
g. Item C-6 (Little Ski-Mo Liquor License) can be
added to the Consent Agenda. All taxes have been
paid.
h. Additional materials distributed this date for
items D-2 (Airport Comm.), D-5 (Library Comm.),
D-8 (Misc. Comm & Comm) .
i. Add to item H-2 (Requisitions Exceeding $1,000) -
Alaska Valuation Service, Inc. - $2,225,
distributed this date.
j. Item H-11 (Airport Comm. Training), Refer to item
D-2 in the packet.
k,. Add item H-12 (Ratification of Boardwalk
Agreement), material distributed this date.
�\ 1. Items for information distributed this date,
Council may want to add for discussion purposes.
MOTION c
Councilman Smalley moved to approve the agenda as
amended.
Motion passed by unanimous consent.
A-4 Consent Agenda
MOTION:
Councilman Smalley moved to approve the Consent Agenda
with the addition of item C-6.
Motion passed by unanimous consent.
B. SCHEDULED PUBLIC COMMENT
B-1 Tom Harris, Cook Inlet Housing Authority - Housing
Agreement
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KENAI CITY COUNCIL
APRIL 18, 1990
PAGE 2
Mayor Williams. This matter was voted at the April 4
meeting on a 5-yes, 1-no position. There was a notice
of reconsideration.
MOTION:
Councilman Walker moved, seconded by Councilman
Measles, to reconsider the action of the April 4, 1990
meeting on Cook Inlet Housing Authority Agreement.
Councilman Walker. The reason why I brought this up
is, I have items I am concerned with. Who is this
program directed at - everybody in the low income
bracket or all constituents?
Tom Harris, Cook Inlet Housing Authority. It is geared
to the Native Americans and Alaska Natives with low
income. Is it open to all low income individuals? No.
It is a recognized program under HUD through Indian
Housing.
Councilman Walker. You said payment in lieu of taxes
would be a wash. I have major trouble with that.
Mr. Harris. We assumed administrative fee of (for
example), $150 per month. We pay 10o times $150 times
12 months is $180. That would be the pilot payment
made. Additional sales tax (for example), 10 homes,
add sales tax and economic multipliers. We felt that
would wash out.
VOTE, Reconsideration (Passed):
Yes: Swarner, Walker, Williams, Measles
No: O'Reilly, Smalley
Mr. Harris added, working with Administration, we came
up with these numbers.
Councilman Walker. The utilities, the City will
provide at no charge to the Authority?
Mr. Harris. The home buyers themselves will contract
for utilities with the City and will pay the standard
rate all others pay.
Councilman Walker. Including assessments? I read the
City will provide that.
Mr. Harris. We plan to provide homes with most if not
all these things in place. With special assessments, I
would need help to answer.
Councilman Walker. On road paving with assessments, it
talks about special assessments in the future that may
be waived.
Councilwoman O'Reilly. The properties you are looking
at, are they clustered?
Mr. Harris. We are looking at scattered sites. It
would not be "project" type. That is the full intent.
This is a tremendous program. Cook Inlet Housing
Authority looks forward to working with the City. We
have 19 people on a waiting list that want to live in
the City and want the American dream of home ownership
in the City. If we cannot get this agreement, we
cannot give them this opportunity to own homes. Some
of these people may never qualify for home ownership.
dr 7 r
KENAI CITY COUNCIL
APRIL 18, 1990
PAGE 3
There have been arguments that this is restrictive.
This is arguable. It is Indian Housing funded by the
Federal Govt. Look at the taxes received. We feel
this is a win/win situation.
Councilwoman Swarner. (To Atty. Rogers) I thought in
one of the agreements we had, assessments for water &
sewer were deleted. On page 3 of the agreement it says
we would have to provide water & sewer and paving at no
charge.
Atty. Rogers. If we are not going to assess these lots
and collect, the City would make those payments, there
would be no additional charges on other property
owners.
Councilwoman Swarner. I feel the people should pay for
assessments. (To Mr. Harris) Would you object to
adding this?
Mr. Harris. a) Our criteria for acquisition would
bring all assessments current and have utilities
already in existence. If you want this can be in the
agreement and say only those homes can be acquired. I
do not know if we can change because this has not been
done before. If we have to be limited to those with
utilities in, we can do it. The only one I did not
think of was paving. I cannot answer that.
Councilwoman Swarner. I am sure there are homes with
no water & sewer lines. Mr. Harris. We plan on not
taking homes with that condition. It is better for
people if they are in.
Mayor Williams. Fifteen homes? Can you put in more?
Mr. Harris. We would like more than 15 and would like
to come in to Council and go for more without having to
come back to Council. We may submit for 15 and only
have HUD approve 10. But we would have to have Council
consent to do more than what we have. We stay within
limited dollars, submit to HUD for approval. I said
before we would have it in 30-45 days. That is coming
in soon.
\` Mayor Williams. The agreement, are there numbers
specified? Mr. Harris. Thirty, but that is
negotiable.
Councilman Measles. At last meeting, the contract
talks about 30 units, are there 9 in the City at the
present time?
Mr. Harris. That number changes constantly. We are
not limited to HUD homes. we can also go to individual
sellers. In the past we have always been able to get
from government entities.
Councilwoman O'Reilly. The discussion between Cook
Inlet Housing and Administration, nothing is set in
concrete? Mr. Harris replied no.
Councilwoman O'Reilly. You do not plan on obtaining
property without water & sewer? But if something falls
within assessments, I feel it is unfair to have the
City pay for it. The government agency should pay for
this. Mr. Harris. I will have to get an answer for
you.
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KENAI CITY COUNCIL
APRIL 18, 1990
PAGE 4
Mayor Williams. One positive factor in this - the
sooner we pull 30 unoccupied homes from the market, the
sooner we will see new homes being built.
MOTION, Rescind:
Councilman Measles moved, seconded by Councilman
Walker, to rescind the previous action of Council on
the Cook Inlet Housing Agreement.
Councilman Measles. a) I have a real concern with the
clause that binds the City to provide service and
facilities that are being provided in other areas of
the City without charge. I have a problem approving
this till we have an answer. b) Regarding taxes. I
have a problem while we are working on next year's
budget. We are going to have to increase taxes and
then have no taxes from these people. This will be
hard for us to justify.
Councilman Walker. I agree. We may want to consider
it in the future, but this is not for us to look at
right now.
Councilwoman O'Reilly. Are we discussing authority for
City Administration to negotiate with the Housing
Authority or approval?
Atty. Rogers. The prior action was for approval of the
agreement. Now there are questions. You are going to
rescind the directive to Administration to enter into
this document. To rescind would mean you would be able
to go forward with negotiations.
MOTION, Table:
Councilwoman O'Reilly moved to table action till we get
a definitive answer from Mr. Harris.
Atty. Rogers. To table will not accomplish what you
want. If you tabled you would still have to give
direction to Administration.
Motion failed for lack of a second.
\� Councilman Smalley. (To Mr. Harris) How soon do you
think you can an answer? Mr. Harris. I can have this
by Thursday morning at their meeting.
Atty. Rogers. We have a time crunch here, so there
will be a delay because of those problems and
legislative closing.
VOTE, Rescind:
Motion passed unanimously by roll call vote.
MOTION:
Councilwoman O'Reilly moved, seconded by Councilman
Smalley, to direct Administration to enter into
negotiations with Cook Inlet Housing to draft a new and
different agreement regarding item 4-a.
VOTE (Passed):
Yes: O'Reilly, Smalley, Swarner, Williams
No: Walker, Measles
KENAI CITY COUNCIL
APRIL 18, 1990
PAGE 5
City Manager Brighton. Council should accept the
agreement and there would be a clause with special
assessments to be treated like any other special
assessments? Councilman Measles. We are not just
talking about special assessments.
City Manager Brighton. Administration needs direction.
Councilman Measles. If one of these units is on dirt
road, the way I understand this, the City will have to
pave it because we have done it for other people in the
past, assessments or no assessments.
Councilman Smalley. That was not my interpretation.
Atty. Rogers. That is not mine either. It is not that
iron clad however. Documents to accomplish minority
housing projects, there is a lot of philosophical in
them. It is not a tough document, there is a lot of
leeway. This is not the proper forum to discuss this.
Discuss with Administration and we will work with Cook
Inlet Housing Housing Authority.
Councilman Smalley. I would like to see verbiage that
speaks directly to that. So it cannot be debated. It
was my understanding they would be looking at homes
collectively.
Atty. Rogers. Their intent is not oftentimes in this
document. That intent can be changed.
Councilwoman Swarner. I am concerned with property
taxes but I am willing to give that up, but not
assessments.
MOTION, Withdraw:
Councilwoman O'Reilly, with consent of second, withdrew
her motion.
4 "00ti]ZE
Councilwoman O'Reilly moved, seconded by Councilman
Smalley, to direct Administration to work with Cook
Inlet Housing Authority to reword the tentative
cooperative agreement and direct Atty. Rogers to direct
attention to items 4-a and 5.
Councilwoman O'Reilly. There is wording there to
protect the interests of the City.
Councilman Measles. It still does not address the
discretionary taxing situation we are setting up. I
don't see any benefit at all of this to the City of
Kenai. I can see a lot of doors being opened that will
cause problems to the City. The real estate market is
moving. You can see that by the number of HUD homes
available now. I don't see the need for it at this
time.
VOTE (Passed):
Yes: O'Reilly, Smalley, Swarner, Williams
No: Walker, Measles
B-2 Lands Encroachment:
Kenai Peninsula Borough, Southcentral Title, Heritage
KENAI CITY COUNCIL
APRIL 18, 1990
PAGE 6
Real Estate, NBA, HUD, etc.
a. Curt Morris, Associate Broker, Heritage Real
Estate; President, Kenai Board of Realtors. I am
here addressing in a general manner. From the
realtors standpoint, this issue is not as special
as you may perceive. It is a very common problem.
There is no way other than to try to get rid of
them in a reasonable manner. This is not just
directed to institutional people, but there may be
people in the audience that have problems but do
not know since they have not tried to sell. It is
extremely important that we have an open door to
settle this freely. This issue will keep coming
up before you. It is to everyone's interest to
hear these people out. The City can protect their
interests, and sellers can settle their problems
without selling at distress level.
b. Dick Traeger, Planning Director Kenai Peninsula
Borough. Costs are not from Borough funds other
than time and expense for vacation requests. We
have an interest in utility easements. State
statutes provide first class home rule cities can
veto the Borough Planning action on utilities and
easements. I think it should stay that way. But
we have a situation where someone applies for a
vacation, easement, or right-of-way. It starts at
the Borough level. It costs $200. Once the
application is received, we open a file and start
a mailing list. This puts interested agencies and
persons involved on notice. If we do not get any
answer from agencies, we view this as
non -objection. There are times when we receive
notice that utility companies will be willing to
negotiate for part of the land. This quite often
takes place at the Borough level. After we have
assembled the information, there is public
hearing. After decisions by the planning
commission, notice of their action is sent to
cities involved or to Borough Assembly. We have
experienced in the City some vetos that came back
to us. Some have been our error. When they come
back to us, what do we do? If there is something
that is breaking down between the city and the
Borough so there is no veto after the fact, now is
the time to correct that. We have 60 days in
which to take action. We have a problem with our
11 member planning commission, if we do not have a
quorum, we have to delay and there is a time
crunch. We can get notices back to cities sooner
than normal procedure, we can accommodate all
cities in the Borough. If I know the person to
contact we can get it out right away. I want the
city to make sure they have an opportunity to
examine the request for vacations and get back to
the planning commission before public hearing.
The latest issue was sent April 2 and we have not
had a response. We do not always get a response
back from the cities. The process is there for
the cities to respond prior to it coming back for
final action. We need a solution to this problem.
We made note regarding utility easements. We have
processed about 50 applications for vacation of
utilities in the Borough. It is after the boom
years. We did not have adequate personnel. The
Borough is trying to accommodate the public as
best we can. We do not want to vacate a utility
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KENAI CITY COUNCIL
APRIL 18, 1990
PAGE 7
easement that may service property at a later
date.
Mayor Williams. In the last few days I have been
discussing with people who have this problem.
There are many in the City. How many?
Mr. Traeger. I do not know how many are pending.
In 1988 we had one that we processed that was a
utility vacation, not an encroachment. The City
can restrict. In 1989 we had 6 petitions to
vacate. One in 1990 is pending.
Councilman Smalley. Having been on Planning &
Zoning for 9 years and Ad Hoc for 2 years, we have
dealt with at least 10. One of the things P&Z has
tried to do is push forward a law that contractors
mark all 4 corners. It was defeated. We will
have to deal with each one that was not dealt
with.
Mr. Traeger. We do not issue building permits in
the Borough. In the City you have an opportunity
to insist on plot plan for applications to see
where they will put facilities. He will inspect
conditions on the lot. I doubt if we will have
building permits for many years. It is a
2-pronged problem: clean up those that are a
problem and try to prevent this from happening.
C. Jean Bunn, Owner, Southcentral Title, Soldotna.
We do have a problem with encroachment and setback
lines in the Borough and State. It is due to the
fact that some relate back a long time. I am here
to take my share of the blame. Things have
tightened up in Alaska. It is hard to get
financing. Title companies have gone under. We
are no longer allowed to do things we used to do.
We need help to get the problems solved. We have
very good property that could sell immediately if
we could get these problems solved. I am here to
ask you for help in getting these problems solved.
Please take each property on its own. Give us
some guidelines for homes already in and new
homes. Lenders are unable to finance these
places. We have buyers that bought 5 years ago
and cannot sell now. We are working with
surveyors. They are doing more details now. The
corners being set is very important.
d. Sharon Lewis, Northland Mortgage, Soldotna. A
buyer will not be able to buy property. They
require financing but cannot get it. We are not
aware of the numbers involved. The problem comes
to light when the buyer comes forward to buy.
City Manager Brighton. In each case, these houses
have had loans on them previously? Ms. Lewis
replied yes.
City Manager Brighton. Is it possible the agency
that made the first loan will not make the 2nd
loan?
Ms. Lewis. Yes, just because we made mistakes
once, does not mean we will make them again.
Also, many lenders are not here any more. If the
seller is HUD, they can give FHA insurance and
V-_Ir
KENAI CITY COUNCIL
APRIL 18, 1990
PAGE 8
will allow it to close. But that just compounds
the problem. It will come up later.
Councilman Walker. These houses do not have as
built surveys? Ms. Lewis. They did.
Councilman Walker. They did not have insurance?
If so, why is there no recourse? Ms. Lewis.
(Inaudible)
Councilwoman Swarner. What are you willing to
give up? You want us to give up variances and
encroachments? What are you willing to do? Ms.
Lewis. (inaudible)
Councilwoman O'Reilly. Have there been instances
where the title company is liable? Jean Bunn.
Yes, we rely on as builts. We are getting some
that were different 5 years ago.
Councilwoman O'Reilly. Does the title company
have recourse to the surveyor? Jean Bunn. Yes,
title companies are liable. Can we go back to sue
the surveyor - yes. Nothing was resolved. We
might have to buy the land. It was just
compounding the error. At one time under 1 ft.
encroachment you could do. We always set up an
encroachment policy so the buyer was aware they
had it. The buyers is for the lifetime, the
lender is for the time of the loan.
e. Paul Johnson, HUD, Alaska. We are a rather large
land owner, 25 properties in the City, 84 in the
Peninsula. I had 130-140 last year, it is coming
down. My part is FHA. We insure, we don't lend
money. I operate on non -appropriated funds. HUD
is now in the red. We return to private sector as
fast as we can. I will not dump on the market
place or auction. We try to sell. Along the way
we discovered errors of the past. We do not
discover these till a sale. I have as built
surveys that have been different many times. HUD
tries to resolve this issue. Sometimes we cannot.
When we can we get utilities to not object to
encroachment. We are trying to sell homes. I
need your help to solve the problem. When
vacations of easements will not solve the problem,
then we will take different steps.
f. Cliff Baker, Integrity Surveys, Kasilof. I agree
with the problem and trying to get a solution. I
commend Councilman Smalley and say I feel a survey
is needed as part of the building process. When
construction is set forth you have a building
inspector for plans, but when he inspects the
building he cannot ascertain if the building is on
the plot plan correctly. That should be a
requirement of the contractor. Four corners
should be defined. A lot of problems are prior to
as builts. Driveways are many times wrong.
Building set backs are in error.
Councilman Walker. Have you ever told anybody you
would not identify the 4 corners? Mr. Baker. No,
but the problem with as built surveys is that you
will still dealing with it, it just shows there is
a problem in the as built.
W- Ir
KENAI CITY COUNCIL
APRIL 18, 1990
PAGE 9
Councilman Walker. As a surveyor on a
subdivision, if I ask for a survey and ask for 4
corners, would there be a problem? Mr. Baker. I
have never refused one.
Councilman Walker. Would it be normal to identify
the 4 corners? Mr. Baker. Most developers cannot
afford surveyors to cut out every line. Normally
we go through the road and identify, and then go
in back. Most cases you cannot see from the back
to the front. If you asked me to stake, I would
but would not cut out a line.
Councilman Smalley. What is the average cost to
home owner for 4 corners? Mr. Baker. $400 is to
locate, the building would be about $200 more.
Mayor Williams. I have been involved with
building many buildings. We always had to have an
as built before we built and before we closed. I
don't understand how this could happen.
Mr. Baker. One of the problems is at boom times
we had 21 surveyors in the area. Now there are
about 10. You cannot go back on them.
DeWayne Craig, Kenai. I built a place at the end
of 1985 on Forest Dr. After I built they put in
paving. I went to buy a place near Stellar, built
in 1977. The carport is built 6 ft. into the
right of way easement in back. The only one I
have to get permission from in writing is the
City. I went all the way to closing before I
found out I could not buy. The carport is on an
easement, the building is encroaching on the
property line. I would like to buy the property.
I would like the City to waive so I can get
financing. I built a house in Deepwood. Why does
this happen? An architect built a house next to
me. He worked with the surveyor. He was very
careful. When he had an as built, it encroached
on my property. I had to deed over a portion of
my property to him. It can happen even when you
are careful.
Mayor Williams. (To Building Inspector Hackney)
Does the City have a policy or do you have a
policy of encroachment inspection? Mr. Hackney
replied no.
Mayor Williams. It is not in our Code that
building inspectors do this? Mr. Hackney. There
is no way I can tell.
Councilman Smalley. We attempted to draft an
ordinance that would assist in this. It supposes
he is a surveyor and he is not. If we required
this, it would reduce the problem.
Mayor Williams. If we had this, he would set
corners? Councilman Smalley. There is no
insurance, but it will help. We did this 4 years
ago, it was put down because it was cost
prohibitive. We were told to forget it. The City
needs to do something to make sure this does not
happen in the future.
Mayor Williams. Perhaps additions to the
ordinance are necessary. Also what to do with
KENAI CITY COUNCIL
APRIL 18, 1990
PAGE 10
what we have now. The City is the deepest pocket.
They will be asked to do a lot of things that
would not be asked to do normally to bring
property into the tax roles.
Councilman Smalley. There is a section in the
books if there is an encroachment they have to put
in an encroachment request and $100 fee. P&Z
tried to get it higher but could not. One is
existing now, P&Z has tried to contact all
utilities and if they agreed, we would agree with
it. We will have to take on a case by case.
Mayor Williams. We may have given P&Z
authorization to make decisions and pass to
Council and we have occasionally denied. A
greater amount of direction needs to be given to
Council.
Councilman Smalley. I recommend P&Z be requested
to draft an ordinance to help eliminate future
potential encroachment problems, to require a
survey of 4 corners on new construction. We have
an encroachment process. P&Z has authority now
and are doing sufficiently with what they have.
But Council should have the final say so.
Mayor Williams. It will come to Council even
after dealing with P&Z? Councilman Smalley
replied yes.
Mayor Williams. I would suggest that we install a
fee sufficient to cover overhead costs dealing
with encroachment. It is unfair for all citizens
of Kenai to pay for those that have created these
problems. We have to have a secretary,
commission, laws, etc.
Councilman Smalley. The fee schedule for
encroachment permit, we have that - $100. Mayor
Williams. It needs to be modified. The citizens
of Kenai are not at fault.
Building Inspector Hackney. We can require as
built surveys if that is what you want. It will
require a 2nd visit by the building inspector.
Would we survey when the footings are in before
pouring?
Mayor Williams. If we have to. But we still have
to handle the present situation. He suggested a
joint work session with P&Z.
City Manager Brighton. It does not have to go to
the Borough 1st?
Mr. Traeger. What goes to the Borough? Except
the request for building set back. That is the
City concern. If you are dealing with a utility
vacation, that goes to the Borough. On any
requests for vacation, the Borough people spend
many hours that goes back to the City. If there
is going to be policy, the City of Kenai is going
to deny all vacations, I need to inform publicly
that if they pay $200 and waste Borough time, I
will tell them to not waste our time, come to the
City first. We are obligated to take a petition
but if is a waste of time and will end up as a
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KENAI CITY COUNCIL
APRIL 18, 1990
PAGE 11
veto, maybe we should suggest they approach the
City first.
Mayor Williams. We need to ask for more authority
from the Borough so they come here first in
dealing with City property.
City Manager Brighton. Planning is Borough power
first.
Mayor Williams. We have taken some of that power?
City Manager Brighton. We have only taken zoning.
Councilman Smalley. P&Z is working on this
problem. They may want to inform us so Council
can attend.
Council agreed to meet in work session with P&Z after
their April 25 meeting (8:00 PM).
B-3 Bob Nath - Encroachment of Building Utilities
Easement - Sungate S/D
Bob Nath, Soldotna. My problem is a little different
(than the previous discussion). I have a teacher in
the area who made an offer on a house that has an
encroachment. It is an HUD house. HUD has an offer.
They are carrying the papers. But when she called,
there was no financing available. We have looked to
find a house to fill her needs, this did. It is on
Eagle Rock. We have to cure this but we need something
that is definitive so it will not come up indefinitely.
You have started this with a P&Z meeting. We need to
do something with these properties so people can sell
them after they buy them. I heard something about if
all utilities agree there is no problem, does that
bring it up to where vacations can be allowed or is
there some other area that must be addressed?
Councilman Smalley. Regarding Sungate S/D, item B-3.
We rejected a variance 1-1/2 months ago till the other
utilities did not have a problem. In Thompson Pk.,
there are utility companies that say they do not have a
problem. Is there still difficulty with that garage
being a legal building built with the permitting
process? Building Inspector Hackney. The addition was
built without a permit.
Councilman Smalley. It that something that would be a
cloud on a sale? Mr. Hackney. We could resolve that
if we could resolve the utility problem.
Mayor Williams. Would a conditional use permit be
proper? Answer - no.
Mr. Nath. The note on the plot is from me, not the
surveyor.
Mayor Williams. Would it require re -survey and
re -plat? You are asking for vacation of 4 ft.
easement? Mr. Nath. Yes, all utilities said they had
no problem. One said no problem with 6 ft. City
Manager Brighton. The Borough had no problem with 6
ft. I would recommend 5 ft., the same as the Borough.
Councilman Walker. We have discussed this at previous
meetings. There was a set back on an encroachment.
There is a question as to legality of the building.
The other problem is do we want to get into burdening
KENAI CITY COUNCIL
APRIL 18, 1990
PAGE 12
our lending institutions and other business people with
buildings that are not in conformance with the Code?
We have said no on this item before. I am not willing
to discuss it further.
Mayor Williams. If they could produce letters of
non -objection, we would agree with it? Councilman
Smalley. Council said when we got letters we would
deal with it. There are other difficulties with this
building. Can the City deal with that? Mr. Hackney
replied yes.
Mayor Williams. Do we have a ratio of out buildings to
the main building? Do we have in residential lots
anything with regard of size to lot? How many sq. ft.
of building can occupy a lot? Planning Secy. Sumey
replied, 300. Mayor Williams. That is not a factor
here.
Councilman Smalley. The other problem is the business
that was being operated within it was without a permit
in a residential zone. That was prior and does not
exist today. Mr. Nath. That is not a factor at this
time.
Councilwoman Swarner. I have a problem with surveying,
certified by the company. Before I would give an okay,
I would like to see another as built survey.
Councilman Measles. Based on the experience with that
company, I would agree.
Surveyor (unidentified). The owner had me do a new
survey. I drew up a new as built to show location.
All numbers are identical.
Councilman Measles. The encroachment is 3 ft. 10 in.?
Surveyor. Under 4 ft.. The survey is accurate.
Mayor Williams. If we do this tonight before we set up
standards, we better decide on standards. It would
appear to be favoritism.
Councilman Smalley. That process takes a while. This
has been with us 5 months. We need to deal with this
one. We have an ordinance in effect that deals with
this. To postpone till we modify may take another 5
months. The City is not assuming financial obligation.
They are going to pay a fee. The house has been empty
for 5 months.
Councilman Smalley moved, seconded by Councilwoman
O'Reilly, to vacate Lot 2, Block 2, Sungate S/D, the
interior 5 ft. of the western property line.
Councilman Measles. There is a minimum distance a
house must be from a property line? Planning Secy.
Sumey. 20 ft. on the rear lot from the property line,
1/3 of rear lot coverage maximum. It is very close to
1/3 but is within 1/3. It is encroachment they are
dealing with.
Mayor Williams. Proximity to rear lot line?
Councilman Measles. How far from the property line?
If we vacate 5 ft. it still is illegal.
Mr. Nath. If you vacate 5 ft., you will be within the
utility line.
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KENAI CITY COUNCIL
APRIL 18, 1990
PAGE 13
Councilman Walker. You have 2 issues here.
Mr. Nath. It is within the realm of set back on garage
building. But it is access building. Only problem is
it is within a utility easement.
Mayor Williams. What does the Code say regarding
access building from rear lot line?
After a short recess, a motion was made.
MOTION, Withdraw:
Councilman Smalley moved, seconded by Councilwoman
O'Reilly, to withdraw the motion because I concur with
Councilman Walker that this is not a proper forum to
deal with this issue.
Council agreed to add this item to the April 25 work
session.
Mr. Nath. Will this be on the May 2 agenda? Mayor
Williams. We will not know till after the P&Z meeting.
We could put it on the agenda but will not know whether
it will be ready. He asked Mr. Nath to check with
Clerk Ruotsala before the May 2 meeting.
B-4 Representative from OEKOS - Fisheries Industry
Legislation, Membership
Bill Altland, 610 Set Net Dr., Kenai. OEKOS is a world
wide organization, established in 1989 in Kenai. We
are business men and women, processors, educators, etc.
We are not environmentalists or developmentalist. 70%
of our earth surface is covered by water and is at
risk. There are 5 Trillion gallons of toxic waste and
sewage that go into our oceans per year. If we fill
Tustemena Lake with toxic waste and discharge it 2
times per year, if we ran a super tanker and crashed it
into Kalgin Island and discharged 11 Million gallons
once each minute, that is what our oceans are
receiving. Our view point is that this attitude can
change. The best way is for a new economic
understanding. Think of long term rewards rather than
short term. What is the economic profit of a mining
operation as opposed to economic value of a salmon
stream? The stream would take a hundred years to
recover. These are problems we are trying to solve.
Your participation will help. a) Public awareness by
education. This is not in the current curriculum in
the schools. b) Policy research. c) Supporting
internal and domestic watersheds. d) Involving
citizens in public policy. We are asking for corporate
membership.
City Manager Brighton. Regarding your comparisons to
Tustemena Lake. Is that from the U.S. or from all
countries? Mr. Altland. All countries - sewage and
toxic waste.
City Manager Brighton. Will we have help from other
countries? Mr. Altland. We have 3 other countries
involved.
Councilman Walker. You said you are not
environmentalist or developmentalist. why are you not
environmentalist? You infer mining operations would
destroy salmon streams. That is not necessarily the
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KENAI CITY COUNCIL
APRIL 18, 1990
PAGE 14
case. It sounds to me like an environmentalist. It
looks like one.
Mr. Altland. Environmentalists are those that protect
the environment at any cost. We are into a sustained
economy that looks at growth and development. Growth
is quantitative, development is qualitative. We are
not blindly going ahead for development without seeing
the effects on the environment. We move ahead wisely.
We are neither. We don't think they are mutually
exclusive. We think there is a balance.
Councilman Smalley. We are working with the City
budget now. I don't know at this point how much money
the City can be investing. I don't know what we can do
tonight.
Councilwoman O'Reilly. I agree there is room for both
as long as they can be reasonable. Why corporate
membership? We are not a corporation.
Councilman Smalley. It was presented to the Borough
April 17? Mr. Altland. Yes, they were excited about
it but put it on the table. There was a discrepancy in
the by laws. Membership runs from Dec. 1 to Dec. 1. I
said we could prorate. They tabled it till May 15.
Councilman Measles. I have a problem with a government
buying membership in any special interest nonprofit
organization. We would be opening the door to every
nonprofit in the State asking for membership.
Councilwoman O'Reilly. We have already opened the
door. We are members of RDC, it is nonprofit. We
would not set a precedent.
Councilman Smalley. This could be brought up at a
later time. Mayor Williams suggested this be discussed
at the budget work sessions.
Council agreed to the suggestion.
B-5 Gus Rodes - Complaint on Operation of Kenai Police
Dept.
Gus Rodes, 207 Birch, Kenai. The basic problem is I
have a complaint against 3 police officers of the City.
I wrote a letter to the City asking to present it.
Atty. Rogers said there was no provision for a hearing.
I think there is something wrong if the citizens cannot
make a complaint against employees of the City. I am
here to see what I can do about it.
Atty. Rogers. In the packet is my response to Mr.
Rodes. It indicates that we acknowledged the
complaint. There was an investigation. A complaint
was filed at District Court and is pending. We do not
provide for testimony. The Police Dept. has done a
review. They find it appropriate. Mr. Rodes
disagrees. He can testify in trial. Assuming it is
unsuccessful, he can appeal. The letter from Mr. Rodes
is in the packet, also a memo from Police Chief Ross
and the police report. At this point I assume Mr.
Rodes is attempting to appeal to Council for extra
judicial relief on the matter. I would caution Council
against addressing this because it would be premature.
Should the Court find there is an impropriety there may
be other civil pursuits. Mr. Rodes has the right to
that.
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KENAI CITY COUNCIL
APRIL 18, 1990
PAGE 15
Mr. Rodes. They came on my property and did not tell
me why they were there. They filed a report that was
lies because I hurt their feelings.
Mayor Williams. This is an improper forum for this.
Mr. Rodes. If they treat me that way, they will treat
others that way. I talked to the Lieutenant. The
Lieutenant's report to me was that they had done
nothing wrong. When I asked for specifics he would not
respond. He said he did not ask the questions I had
asked him. I asked why they would not talk to me. I
think I should be provided with copies of this.
Atty. Rogers. If you are entitled to it, the Court
will order the Police Dept. to give it to you. Your
inquiry should be to the Court.
Mr. Rodes. This Council should be the ones to have the
formal procedure to investigate this, not the Courts.
This is what I am trying to find out, why there is no
procedure to investigate this.
Mayor Williams. The City will be willing to
investigate after the Court has completed. Right now
it appears you are in litigation. The District
Attorney is charging you, they are not part of the
City.
Mr. Rodes. Why is the District Attorney pursuing when
this is all by City police in the City limits?
Mayor Williams. That is how the steps are done. It is
turned over to the District Attorney. The District
Attorney has determined it is proper.
Mr. Rodes. There is no way the citizens can proceed
against City employees? Atty. Rogers replied no.
Mr. Rodes. I have to file suit against the City for a
hearing? Atty. Rogers replied yes.
Mr. Rodes. I think there should be formal procedures
to investigate City employees.
Mayor Williams. One Court recourse you have is to
request a copy of the Police Dept. report from the
District Attorney's office. You have not received a
copy?
Mr. Rodes. I want a copy of the report the police
officers wrote. The City said it is not available.
Mayor Williams. It is material of litigation, it is in
the courts. You can get this from the District
Attorney's office. Do you have an attorney?
Mr. Rodes. I have a legal advisor, not an attorney. I
cannot afford an attorney.
Mayor Williams. I suggest the Public Defender's
office. There is nothing we can do at this time. It
is a matter for the District Attorney's office.
Mr. Rodes. I am disappointed and amazed that the City
has no procedure for internal investigation and review.
Mayor Williams. I am sorry, there is nothing we can
do.
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KENAI CITY COUNCIL
APRIL 18, 1990
PAGE 16
B-6 Donna Krein - Ash Clean -Up
a. Donna Krein, Woodland S/D, Kenai. I am concerned
with the ash blowing around. I lived in southwest
Washington when Mt. St. Helens went off. The City
had procedures. Through the fire dept. you could
hook up to local hydrants and put in buckets for
collection. It worked well in neighborhoods. The
street sweepers could run through. I would like
to see it cleaned up.
Public Works Director Kornelis. We are about to start
sweeping in low traffic times, at night. We also have
a vacuum truck and will wash the streets. I have
talked to LeRoy Anderson regarding his water truck.
But he has a long term contract with Soldotna and the
State. Our plan is to try to do it ourselves.
Another outfit has pressure hoses. As for hydrants, we
have a problem with lending out tools for use. We had
a water line break because it was turned off too fast.
To lend them out, there should be instructions. There
is a fee for that.
Councilman Smalley. A refundable fee for equipment?
Answer - yes.
Councilman Smalley. $100 a day for hydrant? Answer -
yes.
Mayor Williams. Because of extenuating circumstances,
we might look to waive the $100 fee, still require a
deposit and instructors. We should promote clean-up of
larger areas. I see a problem with letting citizens be
able to turn hydrants off and on. Atty. Rogers has
suggested a change in the Code rather than waive fees.
Councilman Smalley. If a large entity, such as a
school, has directions to sweep and wash parking lots,
could they get a waiver?
Atty. Rogers. For $100 they could do it. You can
write an ordinance.
Mayor Williams. Some agencies have paid $100 fee
already and clean up.
\\ Public Works Director Kornelis. You have to pick this
up, you cannot wash it into storm drains.
Councilman Smalley. The schools feel water should be
used after sweeping.
Public Works Director Kornelis. The residents can wash
before the streets are done.
Councilwoman Swarner. We should not allow private
owners to use the fire hydrants? Mayor Williams. We
have thousands of private homes. If we allowed them to
do it, it would be a major problem. Councilwoman
Swarner. I like the idea of neighbors doing something
together but I guess this is too much.
Mayor Williams. It is like clay, water does not touch
it. It will make a problem with the sewers. Public
Works Director Kornelis. I think it can hurt the
sewers. The street sweepers are picking it up, not
blowing it.
KENAI CITY COUNCIL
APRIL 18, 1990
PAGE 17
Mayor Williams. If each neighbor could get it to the
gutters, it would help.
b. Leon Quesnel, Woodland S/D, Kenai. Using sweepers
is good, but streets in Woodland have been
resurfaced. It will be rough. I don't recommend
people without experience using fire hoses.
City Manager Brighton. Two weeks ago the street crews
were in water and ice. We have had eruptions, floods,
etc. You cannot address all this at the same time.
They are going to double shifts. In a few weeks, we
should have the major problems done. We could have
another eruption this week.
Public Works Director Kornelis. In the summer, we use
a compactor for construction. Water pressure goes way
down. If we use it all over town, we will lose
pressure.
Mayor Williams. Soldotna has had a contractor out for
several days cleaning up. Public Works Director
Kornelis. I talked to him first.
Mayor Williams. Don't we have another company? Mayor
Williams. Could we rent a tanker for the sidewalks?
Councilman Measles. The City could do the sidewalks
with fire hydrants. They could use the pumper truck.
Do the middle section where the ice is gone and do the
rest later. We have an abnormal situation and we have
to look at abnormal solutions. If we do at straight
time it will be Sept. before we are through.
Mayor Williams. Two shifts through the week end and
see how it is Monday at the work session. Don't let up
the heat on the State.
B-7 Dale Sandahl, Susan Swain - Kenai Central High School.
Susan Swain, Class President, KCHS. May 4 is the After
Graduation party at the Elks, the school is asking for
donations.
Dale Sandahl, Principal, KCHS. We have a street
sweeper at KCHS we could donate (for City streets).
The reason I am here is, this has been a tremendous
effort on the part of residents and City for young
people. Keep kids off the street and protects
youngsters. The City has not been approached before.
The graduation party is in a controlled environment. I
would like to have a small contribution.
Mayor Williams. In the past we have left the Rec
Center open. We will not do this year. This has been
done for about 7 years.
MOTION:
Councilwoman Swarner moved, seconded by Councilman
Smalley, to donate $300 to the Senior Graduation party.
Councilman Walker. Ask Mr. Sandahl for the quantity
they actually need. Mr. Sandahl. Every parent will
contribute and other organizations. The prize last
year was a trip for 2 to Hawaii.
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KENAI CITY COUNCIL
APRIL 18, 1990
PAGE 18
Councilman Smalley. How much money at this time have
you received? Eleanor Thomson, Kenai. $700 to $800
committed. We are trying to get tickets for a trip.
Councilman Smalley. These people are graduating in the
City and are living in the City. They are our future.
I would like to start at $500.
MOTION, Amendment:
Councilwoman Swarner, with consent of second, amended
the motion to read $500.
Eleanor Thomson listed some of the donators: Sharon
Williams, KNA, CIRI, Eagles, Reflections, Rotary, Elks,
Oilers.
Councilman Walker. I would support this. I have been
at parties in the past, this is better. Councilwoman
O'Reilly agreed.
Motion, as amended, passed by unanimous consent.
Mayor Williams requested Item H-8 be discussed at this time.
H-8 Discussion - Cancellation of Fred Meyer Lease - CIIAP
a. Approval - Carr-Gottstein Lease - CIIAP
MOTION:
Councilman Smalley moved, seconded by Councilwoman
O'Reilly, to accept the lease cancellation by Fred
Meyer.
Atty. Rogers. Was there an environmental inspection of,
the property? If you rescind the lease before that, it
may be prudent to have this done.
Councilman Walker. Is it prudent to do before we can
lease the land? Atty. Rogers. Carrs will want
protection, they may want to do their own. I would
prefer to do our own and have them sign off.
PUBLIC COMMENT:
a. Robert Gottstein, Carr-Gottstein Properties. I
have no problem. It does not place obstacles with
US.
Councilman Smalley suggested cancellation of the
lease agreement contingent on completing an
environmental assessment of the property?
Councilman Measles. Technically that is not
required. They have asked to give up the lease.
It does not relieve you of responsibility for
environmental concerns.
Atty. Rogers. But if you keep them on lease till
it is done, it is the same thing. You could not
sign off on that paper.
Mr. Gottstein. Having come here 3 times in the
past few weeks, I have become familiar with your
processes. Our attorneys have reviewed it. They
are finding difficulty with some clauses. Some
are law by City ordinance. There may be ordinance
revisions required. That would require a public
process. If that is true, it gives the City ample
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KENAI CITY COUNCIL
APRIL 18, 1990
PAGE 19
time to do an environmental assessment. When we
buy a piece of property, there are levels of
obstacles to financing. When you lease, there are
higher obstacles to finance. If it requires
ordinance changes we want to be up front on
knowledge of these.
Mayor Williams. Regarding the City leasing
policies. They have been developed over the
years. Those that are set by ordinance, I would
be reluctant to change because of other leases we
have.
Mr. Gottstein. One of our attorneys has been
concerned with our ability to get financing with
the present lease. We will have to work with the
City regarding this. I have been alerted that the
present state of the lease has presented problems.
Atty. Rogers. We have worked with banks on these
clauses. Mr. Gottstein. Banks have changed much
recently.
Atty. Rogers. Our consideration is how many
leases may be affected that we now have. You have
no problem with the environmental assessment? Mr.
Gottstein. No, we have begun work on phase 1
assessment ourselves.
MOTION, Amendment:
Councilman Smalley moved that the cancellation date
will reflect the date in which the City receives the
environmental assessment of the property.
There was no second.
City Manager Brighton. This environmental situation is
a brand new situation and was not there when I was
negotiating with Fred Meyer regarding cancellation of
the lease. Council said they were willing to cancel
without a City environmental study. I relayed to Fred
Meyer and they were depending on that. Now you will
ask me to alter that.
Mayor Williams. How long do you expect to take to
enter into an agreement with the lease? Mr. Gottstein.
We should have it by next week. It is as quickly as we
can have a meeting of the minds. We might be able to
make a decision quicker as we are a private
corporation. There is time to do development. We want
to make sure everyone is happy with the process. We
would like to have a new lease by next meeting.
Mayor Williams. Send our own team out to inspect the
property? I don't know how you inspect for buried
tanks. Mr. Gottstein. Regarding the environmental law
issue. There are special proceedings in place that
protect all parties. We have a phase 1 assessment we
plan on doing. It may be useful for the City.
Councilman Walker. Your acceptance would be based on
your own phase 1 assessment? Mr. Gottstein. We are
doing it because it is a governmental threat. We are
reasonably convinced the site is clear. It is prudent
for prospective purchasers to do for protection from
the government. If we were to sell and there were
contamination, you could define when contamination was
put there so they can relate liability. Just as the
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KENAI CITY COUNCIL
APRIL 18, 1990
PAGE 20
City wants to make sure they were not in possession
when pollution was put there.
Councilman Smalley. If Fred Meyer was not aware of
pollution when they laid ground, they would not have a
problem with inspection.
City Manager Brighton. My problem was Council said
they had no problem with cancellation. They wanted it
done the next day. I told them Council would have to
wait till next meeting and that I could cancel the next
day. If you alter that time, you would be changing me
around and put me in a bad situation.
Councilman Smalley. What happens if there is a problem
there? It would make the City directly responsible for
it. It could tie the property up.
Finance Director Brown. Not signing cancels till all
approve the environmental assessment, but they could
stop lease payments. City Manager Brighton. I don't
know if that is a problem.
Mayor Williams. If Carr-Gottstein is doing phase 1,
they could do a complete assessment and send it to the
City. Atty. Rogers. I am sure it would be good but we
should do our own.
Mayor Williams. This thing seemed to be a cut and
dried situation and there was a need for a speedy
solution. Now there seems to be reluctance. Mr.
Gottstein. There is no reluctance. We just want to
get these things complete.
Mayor Williams. You may have to send a letter to Fred
Meyer apologizing for the delay and due to situations
unforeseen to you, beg their indulgence for the delay.
Councilwoman Swarner. I don't have a problem with
cancelling. Atty. Rogers. Don't use their form.
Councilwoman O'Reilly. Any idea of the time for an
environmental assessment? Atty. Rogers. No.
Councilman Measles. It is not long.
Councilwoman O'Reilly. The organization leasing the
property is responsible for the time of the lease. If
it should happen, how does the City straighten this out
in the courts? Atty. Rogers. Anyone that takes
property during that time will be involved with the
courts.
Councilman Measles. You cannot sign away your
liability on environmental matters. A statement in
paper is useless. Atty. Rogers. But that is being
contested.
Councilman Smalley. Can we as a group accept
cancellation pending environmental assessment but
cancel payments? Atty. Rogers. If you direct us, we
can.
Councilman Smalley. Would they accept that? Mr.
Gottstein. It would be difficult for me to imagine
that Fred Meyer wants to avoid the issue here. If they
get out of payments and realize they do not have
liability, they will be satisfied.
MOTION, Amendment, Withdraw:
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KENAI CITY COUNCIL
APRIL 18, 1990
PAGE 21
Councilman Smalley withdrew his motion.
MOTION, Amendment:
Councilwoman O'Reilly moved to cancel the lease
arrangement with Fred Meyer effective date when the
result of environmental assessment is done, and
termination of the lease payments effective April 6.
There was no second.
Mayor Williams. Does Council want City Manager
Brighton to contact Fred Meyer and ask them how they
feel? Explain we could not cancel on advise of legal
counsel and the City is willing to.make retroactive
cancellation of lease payments?
City Manager Brighton. Fred Meyer has every reason in
the world to rely on what I told them. You will now
change what I was told to tell them. We told them we
would cancel the lease. We should sign the document
tomorrow and assume responsibility for any
environmental assessment.
Councilman Smalley. Item 3 in the cancellation
agreement. In court, does that jeopardize the City's
position for liability or is Fred Meyer responsible?
Atty. Rogers. We are still responsible but why sign
off on the document? It is another hurdle. It is
conceivable to mutually cancel and rescind the lease.
Councilman Smalley. Would that present a difficulty
for you? City Manager Brighton. Using other documents
than what they have signed? Councilman Smalley replied,
yes. City Manager Brighton. They assumed on the basis
of what I told them, they would be able to sign after
the meeting and would not be liable after that. if
there were environmental concerns they would be
responsible as anyone else would be.
Councilwoman O'Reilly. We should excise that
paragraph? Atty. Rogers. Not that portion that says
we have inspected and accepted. The City has not
inspected the property.
\ Councilman Smalley. To make the document factual, the
City could sign the document pending date of
inspection. City Manager Brighton. Till Fred Meyer
put on the date, they were under the impression it
would cancel April 6.
Mayor Williams. We have to rely on the fact the Feds
have estimated this would happen and have not relieved
lessees and former owners of liability and have to take
care of it.
Councilman Walker. We are haggling over paragraph 3.
I suggest we instruct Administration prepare a
paragraph regarding lessor inspection. The lessor
releases liability, etc. We could add as may be
appropriate by law. Something we could tie them back
to. This document has not been in view of Council
since Friday (April 13). City Manager Brighton's work
has to be bond. I support releasing it this evening if
we can hash that out.
Atty. Rogers. I suggested deleting everything in
paragraph 3 after the first sentence, have the City
KENAI CITY COUNCIL
APRIL 18, 1990
PAGE 22
Manager initial and send in. Councilwoman O'Reilly
asked City Manager Brighton if he had a problem with
that. Answer - no problem.
MOTION:
Councilman Walker moved, seconded by Councilwoman
O'Reilly, to accept rescission of the lease of Fred
Meyer: and at the same time, under paragraph 3 (under
Atty. Roger's advise) delete everything after "date",
the last 4-1/2 lines.
MOTION, Amendment:
Councilman Walker, with consent of•second, amended the
motion to add, effective April 18, 1990.
MOTION, Withdraw:
VOTE:
Councilman Smalley, with consent of second, withdrew
his motion.
Mayor Williams. If there is any concern by Fred Meyer,
tell them there is great concern by Council.
City Manager Brighton. It is my guess you will get a
letter saying the lease has been changed from what was
originally signed. They signed and said they wanted it
signed by April 6. I said we could not sign till after
the meeting. Councilman Walker. Is that okay? Atty.
Rogers replied yes.
Motion passed unanimously by roll call vote.
Mayor Williams. City Manager Brighton inform Council
on Monday of any action.
H-8a Approval - Carr-Gottstein Lease - CIIAP
Robert Gottstein, Carr-Gottstein. We have submitted an
application.
Mayor Williams. At this point, the property is wide
open. Even though the application has been selected,
it is still wide open.
Mr. Gottstein. Action of Council would be subsequent
to final lease being negotiated? Signatures would be
subsequent to that?
Mayor Williams. 14 days to sign or forfeiture. Have
we any lease? Atty. Rogers. No, the draft was given
to them. We are in the process of negotiating. We
have no lease. Admin. Asst. Howard. Nor appraisal.
We will need that.
Atty. Rogers. The lease application clause in the Code
says first application is processed first. There could
be competing lessees. Mr. Gottstein. There is no
action this date? Mayor Williams replied, right.
No action by Council.
C. PUBLIC HEARINGS
C-1 Ord. 1363-90 - Increase Rev/Appns - Air Filters for
City Buildings - $1,820
r___ r
KENAI CITY COUNCIL
APRIL 18, 1990
PAGE 23
MOTION:
Councilwoman Swarner moved, seconded by Councilman
Measles, to adopt the ordinance.
There was no public comment.
Motion passed unanimously by roll call vote.
C-2 Res. 90-08 - Support of Citizens Advisory Committee -
Cook Inlet Oil & Gas Industry
No Action by Council. Postponed to May 2 meeting.
C-3 Res. 90-18 - Requesting from Air Force Obsolete T-33
Aircraft for Static Display at Airport
MOTION:
Councilman Measles moved, seconded by Councilwoman
Swarner, to adopt the resolution.
i
There was no public comment.
Motion passed by unanimous consent.
C-4 Res. 90-17 - Transfer of Funds - Supplemental
Appropriation, Various City Accounts - $133,578
MOTION:
Councilwoman Swarner moved, seconded by Councilman
Smalley, to adopt the resolution.
There was no public comment.
Councilman Measles. Are these transfers from different
accounts? Finance Director Brown. This wipes out
General Fund Contingency and taps Contingency. There
are no new appropriations.
Motion passed by unanimous consent.
C-5 Renewal of Liquor License -
Kenai Merit Inn
\ MOTION:
Councilman Measles moved, seconded by Councilwoman
Swarner, to request a 30 day extension from Alcoholic
Beverage Control Board.
Motion passed by unanimous consent.
C-6 Renewal of Liquor License -
Little Ski Mo Drive In
Approved by Consent Agenda.
D. COMMISSION/COMMITTEE REPORTS
D-1 Council on Aging
Councilwoman Swarner. There will be people in Juneau
advocating (for Congregate Housing).
D-2, H-11
Airport Commission
4r r
KENAI CITY COUNCIL
APRIL 18, 1990
PAGE 24
Councilman Measles. The industrial display is waiting
for a section, will be 1-2 weeks. Airport Manager
Ernst. It is now complete. The wall is done.
Councilman Measles requested Council refund for the
June 4 seminar. The Open House is May 12. There was
request from the car rentals to review rates. There
will be a work session May 10. The asphalt overlay
was discussed.
MOTION:
Councilman Smalley moved, seconded by Councilwoman
O'Reilly, that the City appropriate $1,200 for funds
for the training seminar.
Mayor Williams suggested we bring in other comm/comm
chairs.
Councilman Walker. I think that is a lot of money to
train us to do our job. That is part of our job. You
should investigate what you are doing. I question what
they will get out of it. Mayor Williams. The training
was based on airport operations.
Airport Manager Ernst. It is specific toward the
airport. How to get focused on what it wants to do in
the future and what it is doing now. She has expertise
as an elected official. That is the reason we thought
it would be financially prudent to bring her here. It
was cheaper than them going down.
Councilman Walker. Commissioners are similar to
elected officials, they are transient. Now we are
spending money to train them. It is not the same as an
elected official. It is good for this year but next
year we are bringing in new personnel. I can see
spending money on elected personnel. Commissioners do
not make decisions, just recommendations. They should
be making decisions based on local input.
Councilman Measles. The Airport Commission has been
directed to make long term direction for the airport.
They will have to deal with this. They need outside
expertise to help them with it. They do not have the
feel as to what (inaudible)
\ Mayor Williams. The airport is ready to launch itself
into long projects of bringing the airport up to speed.
It is about 20o utilized. There may be public
relations people, advertising programs and marketing.
We have spent millions of dollars out there and have no
direction. Hope won't get it. Part of this program
will be further development and building up our
facility.
Councilman Walker. It is this body's responsibility to
give them their direction, not someone from out of
State. I still have to speak against spending money
from outside.
Mayor Williams. There are very few on Council that
have expertise regarding airports any more than the
Commission has.
Councilwoman Swarner. Can this be put on video?
Airport Manager Ernst. I had not planned to.
Councilwoman Swarner. It should be. Regarding
marketing. That is what we have an airport manager
r r
KENAI CITY COUNCIL
APRIL 18, 1990
PAGE 25
for. Mayor Williams. He is not an expert. I have
waited 4 years for things to develop.
Councilman Smalley. I think it is appropriate to
expend this because of lack of expertise of Council and
in the City. If we can video we would have a trading
tool. Airport Manager Ernst agreed to video it.
VOTE (Passed):
Yes: O'Reilly, Smalley, Swarner, Williams, Measles
No: Walker
D-3 Economic Development Commission
None
D-4 Harbor Commission
None
D-5 Library Commission
Librarian DeForest. The Night of 1000 Stars is April
25.
Mayor Williams nominated Linda Wetzel for Library
Commission. Council agreed unanimously.
D-6 Parks & Recreation Commission
None
D-7 Planning & Zoning Commission
Councilman Smalley reviewed the minutes of the last
meeting.
D-8 Misc. Comm/Comm
a. Councilman Walker. I received 2 oil platform
pictures from Shell. Planning Secy Sumey noted
the frames are complimentary. Councilman Walker.
Arco has 4 and 2 more coming. Unocal has agreed
to donate.
\ ADDED ITEM:
Mayor Williams. I will send a letter regarding the
T-33 (Item C-3).
E. MINUTES
E-1 Regular Meeting, April 4, 1990
F. CORRESPONDENCE
F-1 AK Boards & Commissions - Appointment of Joanne Elson,
AK Private Industry Council
F-2 AK DOT Commissioner Hickey - Location of Maintenance
Station
Approved by Consent Agenda.
G. OLD BUSINESS
None
H. NEW BUSINESS
KENAI CITY COUNCIL
APRIL 18, 1990
PAGE 26
H-1 Bills to be Paid, Bills to be Ratified
MOTION:
Councilwoman O'Reilly moved, seconded by Councilman
Smalley, to pay the bills as submitted.
Councilwoman O'Reilly. What is the Baldwin fee?
Atty. Rogers. Somebody lost.
Mayor Williams. It is for Inlet Woods. Finance
Director Brown. We sued 2 groups. One is to the
Supreme Court, it is not scheduled yet.
Motion passed by unanimous consent.
H-2 Requisitions Exceeding $1,000
MOTION:
Councilman Smalley moved, seconded by Councilwoman
O'Reilly, to approve the requisitions and include
$2,225 from the Legal Dept., passed out this date.
Motion passed by unanimous consent.
H-3 Ord. 1364-90 - Increase Rev/Appns - Airport Terminal
Communications & Utilities - $8,250
H-4 Ord. 1365-90 - Increase Rev/Appns - Senior Day Care,
Misc - $4,816
H-5 Ord. 1366-90 - Increase Rev/Appns - Library Books,
Donations - $1,700
H-6 Ord. 1367-90 - Increase Rev/Appns - Council on Aging,
Title, Title III - $10,600
H-7 Ord. 1368-90 - Increase Rev/Appns - Airport Taxiway A-1
& A-2 Improvements - $12,250
Approved by Consent Agenda.
H-8 (See immediately following item C-7)
H-9 Disc. - Borough Res. 90-5 - Area -Wide Election for
Borough to Assume Animal Control Powers
City Manager Brighton. Soldotna City Manager
Underkofler asked me to bring this to Council. His
theory is if the Borough took responsibility, they
would contract back to cities and take care of outside
cities. Everyone on our perimeter that wants to get
rid of animals bring them to cities and the cities take
care of them. The Borough will not be involved in this
till there is pressure from outside the cities.
Council took no action.
H-10 Approval - Vacation of Section Line Easement - Kenai
Original Townsite
MOTION:
Councilman Measles moved, seconded by Councilman
Smalley, to approve the vacation request.
Motion passed by unanimous consent.
H-11 (See item D-2)
H-12 Ratification of Boardwalk Agreement
r--__ r
KENAI CITY COUNCIL
APRIL 18, 1990
PAGE 27
Public Works Director Kornelis. We got the grant
today. They did not have $30,000 of our donation of
land as part of the matching funds. I contacted them,
they changed it and sent it to Park Service. It does
not look like the land would be grant eligible anyway.
We will probably have to come up with the additional
$30,000. Part of the grant acceptance is they need
Council authority at a meeting. We would have to come
up with $9,000. If it goes over $180,000 we have to
pay 100%. The State gets 10`0 of the total project
cost.
Councilman Measles. If we have to manage and do the
paperwork, what is the State doing for $18,000? City
Manager Brighton replied, not much. Public Works
Director Kornelis. They have been working on it for
years. They passed on to the Parks Service.
City Manager Brighton. They take 10% of the Federal
grant and 10% of our grant. Public Works Director
Kornelis. It is really not $90,000, it is more like
$72,000. Finance Director Brown. It appears to be a
40% grant.
Public Works Director Kornelis. They led me on with
the land deal. We were under that impression till
today. It had to be Federal land given to the State.
I tried to do this with the Kenai River Mouth Viewing
and they said it had to be taken out. It has to be
readily available and marketable. But it is wetlands.
We can postpone.
MOTION:
Councilwoman Swarner moved, seconded by Councilman
Smalley, that the Council of the City of Kenai, during
this council meeting of April 18, 1990, approve the
agreement between the State of Alaska and the City of
Kenai for the project entitled "Kenai Flats Wildlife
Viewing Area" and authorize the City Manager to sign
the agreement.
Motion passed by unanimous consent.
I. ADMINISTRATION REPORTS
I-1 Mayor
Mayor Williams spoke.
a. I attended the UPS reception in Anchorage,
April 13. We have worked on getting this here in
the past. It is a great deal of money.
b. I attended the Exporter of the Year banquet in
Anchorage, April 6, when I could not get a plane
out.
C. The Unity Trail Bike and Walk Rally is Sunday,
April 22. Council is invited. Shuttles will be
available to & from.
d. KCHS 25th anniversary is April 21 & 22. I will be
speaking at the ceremony.
e. The DAV banquet is April 19 in Anchorage. I will
be attending on behalf of the City.
f. Student Government Day is May 2, per memo from
Clerk Ruotsala distributed this date.
g. The Borough garbage issue was interesting.
Councilman Walker and I attended. I spoke to the
issue and asked for tabling. The vote was 13-3 to
table. City Manager Brighton received a call from
4w—:- . T,
KENAI CITY COUNCIL
APRIL 18, 1990
PAGE 28
Borough Mayor Gilman. The time we bought will
work in our favor.
h. Planning Secy Sumey was hired unanimously as
Borough Clerk. We extend congratulations to her.
This will require restructuring by Administration.
i. An article I wrote on municipal government was
recently published in Alaska's Quarterly of
Government & Industry. (item I-1)
I-2 City Manager
City Manager Brighton spoke.
a. A report on seminars will be at the May 2 meeting.
b. A request was received for purchase of a parcel of
land previously owned by Bob Roper. (item I-2)
Council should review. I would hope the City is
not interested in leasing.
MOTION:
Councilwoman Swarner moved, seconded by Councilman
Measles, that Administration discuss this with Mr. West
and proceed with our blessings.
Motion passed by unanimous consent.
Councilman Walker. We should take some time and
consider before we enter into a lease agreement.
Mayor Williams. I would like to see his real plan. We
could ask him to elaborate.
Councilman Walker. Should this be presented to Harbor
Commission. Mayor Williams replied yes.
I-3 Attorney
Atty. Rogers spoke.
a. I will go down to Juneau about May 4 or 5 for the
end of the Legislative session.
b. In addition to HEA, MTA, APUC and the Attorney
General's office, Chugach Electric is now in it
(Utilities suit), with my objection.
I-4 City Clerk
Clerk Ruotsala reported she has destroyed ballots of
the City of Kenai for 1987 and 1988. City Code
requires this be reported to Council, but no motion is
in order.
I-5 Finance Director
Finance Director Brown asked that Council discuss the
RIP program, per his memo in the packet (item I-5).
Mayor Williams asked that this be brought up as a
discussion item at the May 2 meeting.
I-6 Public Works Director
Public Works Director Kornelis spoke.
a. The minutes have 2 corrections. Page 13, item I-6
(b), paragraph 2, line 2 - Change to 1.6 Million
gallons. Page 14, item J-2 (a), paragraph 2, line
3 - change to 20 miles.
r- -r
KENAI CITY COUNCIL
APRIL 18, 1990
PAGE 29
b. The airport terminal panes were broken on
delivery, the egress from the bar to the first
floor.
C. Councilwoman Swarner. The letter to Rep.
Swackhammer and other legislators regarding water
& sewer (distributed this date). Was there any
discussion regarding the well improvements? Mr.
Kornelis replied no. Councilwoman Swarner. I
discussed it with Tom Wright and Rep. Swackhammer.
They said there was something said. Mr. Kornelis.
Water & sewer to Thompson Pk. and sewer treatment
plant modifications is all. Councilwoman Swarner.
I will talk to Juneau.
Mayor Williams. Public Works -Director Kornelis
and I have talked regarding doing some kind of
test well regarding aquifers. I asked about
costs. That was just for testing, not
improvements.
I-7 Airport Manager
None
ADDED ITEM:
Mayor Williams asked Council if they wanted to support
the request from Seward regarding the Field Biologist
position, distributed this date.
Council took no action.
J. DISCUSSION
J-1 Citizens
None
J-2 Council
a. Councilwoman Swarner. Wednesday & Thursday I will
be in Juneau for the AML Legislative Committee. I
will do lobbying for projects regarding municipal
assistance and revenue sharing.
b. Mayor Williams. I apologize to councilmembers for
being abrupt. There was much to discuss and the
hour is late.
K. ADJOURNMENT
Meeting adjourned at 12:45 A.M.
lewl��
Janet Ruotsala, CMC/AAE
City Clerk
Federal Emergency Management Agency Emergency Management Institute
INTEGRA TED EMER GENCY MA NA GEMENT CO UR,SE
A learning experience in how to manage emergencies
•`r".T Or C4ti
:* •? UNITED STATES DEPARTMEI
National Oceanic and Atmospl
+ •' National Marine Fisheries l
222 W. 7th Avenue, #43
April 23, 1990 Anchorage, Alaska 99513-7!
Don M. Kohler
Chief, Permit Processing Section
U.S. Army Engineer District, Alaska
Pouch 898
Anchorage, Alaska 99506
Attn: Mr. Richard C. Borsetti
Dear Mr. Kohler:
Re: 4-900108
Kenai River 255
Reference ;.G made to your ]etter dated April 3, 1990'. regarding an
application from the City of Kenai, proposing to discharge 3,000
cubic yards of sand and gravel into wetlands to construct 500
linear ft of road 60 ft wide.
National Marine Fisheries Service and U.S. Fish and Wildlife
Service biologists inspected the site for the proposed road
expansion on April 19, 1990. We believe the described construction
activities could have an adverse impact on the wetland resources.
However, these resources can be adequately protected provided the
permittee adheres to the standard conditions of the Corps of
Engineers permit and the following stipulations:
1. That the wetlands cross -drainage shall be maintained and
equalized through the installation and proper placement of
culverts along the road fill to assure adequate waterflow and
avoid adverse effects on the natural drainage pattern.
2. That the contractor shall prohibit encroachment of
construction vehicles into adjacent wetlands beyond the
immediate construction zone.
The National Marine Fisheries Service review and comment on this
permit application do not constitute the full public interest
review or cumulative impacts assessment required of the Corps of
Engineers. We are, however, willing to assist you with those
living marine resource issues identified during the public interest
review process.
Thank you for the opportunity to comment.
i
' rely1 orris
te n Alaska Office Supervisor
tec a Resources Management
NMFS Contact Person: Barbara A. Mahoney
cc: ADF&G, DEC, DGC, EPA, USF&WS - Anchorage
Applicant
cZ-- 01 (_1 1)
1-I-as
I' ederal E inergency Manageirient Agcncy
The Honorable Frank H.
United States Senate
Washington, D.C. 20510
Dear Senator Murkowski:
Washington, D.C. 20472
Murkowski
OCT 2 6 1989
This is a follow-up to my letter of August 16, 1989, regarding the delivery of
an Integrated Emergency Management Course (IEMC) for the Kenai Peninsula Borough.
In your letter of July 26_, 981, you had requested the Superintendent, Emergency
Management Institute -(EMI) to reconsider the Borough's request for an IEMC during
Fiscal Year 1990.
In the interim since my letter, the Superintendent has looked at various options
for identifying resources required to deliver the IEMC to satisfy the critical
needs of Kenai and related areas in Alaska. We strongly concur with your
assessment of the value of such training for an area that is particularly
vulnerable to technological disaster as well as natural disasters such as
earthquakes.
Superintendent Buchbinder,has informed me that in response to your request, the
EMI is negotiating with Mr. Ervin Martin, Director of the Alaska Division of
Emergency Services, to conduct two IEMC's in Alaska; one for Kenai and one for
Anchorage. Anchorage had previously indicated an interest in an IEMC, which is
being revisited at this time.;
Our intent is to conduct IEMC's "back-to-back" for the two communities. 11lis
con ti ng,ant upon the willingness and ability of the two communities to
commit their personnel to training during the period which we have available.
The training will pose some unique and difficult logistical, planning, and
resource problems, but the Institute feels it would make good dollar sense to
commit resources to helping two, communities with the "back-to-back" training,
given the distance and expense required for a single IEMC.
We appreciate your interest in the training programs offered by the Emergency
Management Institute, and your personal support for continuation of student
stipends at the Institute. We agree that this is an opportunity to identify and
develop a program that is tailored toward the uniqueness of Alaska. It is
through these types of new programs that we learn and are better able to provide
assistance to other communities.
345s;�
Cook Inlet �a,2
Housing Authority'
670 West Fireweed Lane • Anchorage, Alaska 9c
1990
Mr. Bill Brighton, City Manager
City of Kenai
210 Fidalgo
Kenai, AK 99611
Subject: Cooperation Agreement
Dear Mr„ Brighton:,
On behalf of Cook Inlet Housing Authority I want to express my
appreciation for the support you have shown during the
development. of the Cooperation Agreement that will allow Cook
Inlet Housing Authority to submit an application for a Mutual
Help Homeownership Opportunity Program to the U.S. Department of
! Housing and Urban Development, -`for their approval, for the
acquisition of these homes within the City of Kenai. I
understand that there are still some questions concerning this
program and that this issue will be on the Agenda for the- April
18, 1990, City Council Meeting. I will be there and look forward
to answering any questions that arise at that time.
Cook Inlet Housing Authority feels that this Mutual Help
Homeownership Opportunity Program is one that will fit very well
Into the City of Kenai and will serve to enhance the community in
many different ways.. Most importantly this program_ allows
families, who may never have the opportunity other than through
this program, to obtain homeownership.
If I may be of assistance prior to that meeting in addressing any
questions or concerns you may have on this program, please feel
free to contact me at Cook Inlet Housing Authority. My telephone
number is 276-8822. Thanks again for your support.
Sincerely,
COOK INI,ET HOUSING AUTHORITY
Thomas W. Harris
Executive Director
CC: file
MOO �,I KENAI PENINSULA BOROUGH
144 N. BINKLEY • SOLDOTNA. ALASKA 99669
PHONE (907) 262.4441
April 10, 1990
Bill Brighton, City Manager
210 Fidalgo Street
Kenai, Alaska 99611
Dear Bill:
DON GILMAN
MAYOR
Last month several people from the Emergency Management Institute (EMI) located in
Emmitsburg, Maryland were on the Kenai Peninsula. The purpose of their trip was to gather
information and to give a briefing to various agencies and municipalities on an upcoming
Integrated Emergency Management Course (IEMC), which is scheduled to be held at the Soldotna
High School July 17, 18 and 19. A similar course is scheduled for Anchorage on July 10, 11
and 12. The purpose of this letter is to announce those scheduled dates, convey some course data
and request your city's participation at this course. I anticipate that approximately 75 people
will participate in 'this exercise.
The following positions are suggested for attendance from the City of Kenai:
City Manager
Police Chief or representative
Fire Chief or representative
Port of Kenai representative
Airport Manager or representative
EMS representative
Public Works Director or representative
Dispatcher
If you have any questions or comments please don't hesitate to contact myself or Bob
Heavilin, Emergency Management Coordinator.
Sincerely,
4-01�
Don Gilman, Mayor
DG/nb
Enclosures
(C) INSOFAR AS THE CITY MAY LAWFULLY DO SO, (I) GRANT
SUCH DEVIATION FROM THE BUILDING CODE AS ARE
REASONABLE AND NECESSARY TO PROMOTE ECONOMY AND
EFFICIENCY IN THE DEVELOPMENT AND ADMINISTRATION OF
SUCH PROJECT, AND AT THE SAME TIME, SAFEGUARD
HEALTH AND SECURITY; AND (II) MAKE SUCH CHANGES IN
ANY ZONING OF THE SITE AND SURROUNDING TERRITORY OF
SUCH PROJECT AS ARE REASONABLE AND NECESSARY FOR
THE DEVELOPMENT AND PROTECTION OF SUCH PROJECT AND
SURROUNDING TERRITORY;
(D) ACCEPT GRANTS OF EASEMENTS NECESSARY FOR THE
DEVELOPMENT OF SUCH PROJECT; AND]
[5. IN RESPECT TO ANY PROJECT, THE CITY FURTHER AGREES THAT
WITHIN A REASONABLE TIME AFTER RECEIPT OF A WRITTEN
REQUEST THEREFOR FROM THE AUTHORITY THAT IT WILL PERFORM
TO THE EXTENT THAT IT HAS THE LEGAL AUTHORITY TO DO SO,
THE FOLLOWING:
IT WILL ACCEPT THE DEDICATION OF ALL INTERIOR
STREETS, ROADS, ALLEYS, AND ADJACENT SIDEWALKS
WITHIN THE AREA OF SUCH PROJECT, TOGETHER WITH
ALL STORM AND SANITARY SEWER MAINS IN SUCH
DEDICATED AREAS, AFTER THE AUTHORITY OR ITS
DEVELOPER HAS COMPLETED THE GRADING,
IMPROVEMENTS, PAVING AND INSTALLATION THEREOF,
IN ACCORDANCE WITH SPECIFICATIONS ACCEPTABLE
TO THE CITY;]
[11. THE AUTHORITY RECOGNIZES THAT WITHIN THE KENAI PENINSULA
BOROUGH, A SECOND-CLASS BOROUGH, ARE FIRST-CLASS CITIES -
NAMELY KENAI, SOLDOTNA, SEWARD, HOMER, AND SELDOVIA AND
SECOND-CLASS CITIES - NAMELY KACHEMAK CITY. THE
AUTHORITY RECOGNIZES THAT IT WILL, IN ADDITION TO THIS
COOPERATION AGREEMENT, ENTER INTO SEPARATE COOPERATION
AGREEMENTS WITH ANY OF THE ABOVE -MENTIONED LOCAL
GOVERNING BODIES AS NECESSARY. THE AUTHORITY SHALL GIVE
TIMELY NOTICE TO THE KENAI BOROUGH WHEN IT ENTERS INTO
ANY SEPARATE COOPERATION AGREEMENT WITH ANY OF THE ABOVE
LOCAL GOVERNING BODIES. THE AUTHORITY AGREES THAT IT
WILL SOLICIT OPINIONS ON PROPOSED PROJECTS FROM RELEVANT
COMMUNITY GROUPS WHERE THERE IS NO LOCAL GOVERNING BODY.]
In Section 3(c), the following sentence was added at the request of
the City in order to clarify the Agreement.
-2-
Return the white copy
of pages 1 and 2 to:
Alaska Department of Commerce
and Ecqnomic Development
Division of Occupational Licensing
P.O. Box D'LIC
Juneau, AK 99811.08W
Retain yellow copy for
your records
Games of Chance and Contests of Skill
PERMIT APPLICATION
AS 05-15.020 and 15 AAC 105.100(a)
Please read the instructions before completing this application.
All sections of the application must be completed 1990
1. NAME OF ORGANIZATION
5. ESTIMATED 1990 GROSS RECEIPTS
O(AR kmnu QF AW'6L'5
bmouc, Lu e'k
$
Mailing Addresd
6A. RENEWAL APPLICATION
Year
Most Recent n]�{
�..�� 0 jqgq
Permit Number: D l Issued:
Attach the following required Items:
City, State, Zip Code
keta At,A A
❑ Current Alaska membership list (must have at least 25 members)
❑ Copy of amendments to articles of Incorporation and bylaws, If
2. TYPE OF ORGANIZATION
3. TYPES OF GAMES. List by com-
any; include copy of amendment/certificate of
Check one box. For definitions
mon name it other than those
incorporation/reinstatement.
see AS 05.15.210 and 15 AAC
listed. See AS 05.15.210 and 105.110:
105.010.460.
105.160.
65. NEW APPLICATION
❑ a. Charitable
❑ a. Bingo NOTE: Bingo games
Number of years organization has been in existence in Alaska:
❑ b. Civic or Service
must not be held more
Attach the following:
❑ c. Dog Mushers' Association
than 9 occasions In a
calendar month with no
❑Current Alaska membership list (must have at least 25 members)
❑ d. Educational
more than 35 games per
❑ Certified true copy of articles or Incorporation, and
Cl e. Fishing Derby Association
session or series of games.
copy of bylaws and national and state charters
3 I. Fraternal
6Y b. Raffles 8 Lotteries
❑ Copy of IRS certificate or letter or tax exemption issued
J g. Labor
❑ c. Pull Tabs
to nonprofit organizations, if applicable
❑ h. Municipality
O d. Ice Classics
❑ Documentation showing organization has been In
i. Nonprofit Trade
❑ e. Dog Mushers' Contests
existence in Alaska three years or more (e.g. bank statements,
correspondence to the organization, receipts
Association
❑ f. Fish Derbies
for services rendered or supplied, etc.)
D ). Outboard Motor
❑ g. Rain Classics
Name and Mailing Address of National Organization (if applicable):
Association
❑ h. Mercury Classics
❑ k. Police or Fire Department
❑ 1. Goose Classic
and Company
❑ j. Salmon Classic
❑ 1. .Political
❑ k. Contests of Skill
7A. ACTUAL 1989 GROSS RECEIPTS S O O 11
70. FEE. Check the appropriate box and enclose the correct amount.
❑ m. Religious
❑ 1. Marksmanship
❑ n. Veterans
Rifle, Archery or Pistol
❑ 2. Races
❑ 3. Track and Field Events
If gross receipts from all Then the
1989 m(n activities were:
� 9 Permit Fee is:
4.ORGANIZED AS:
Gi-lborporation
f3 SO 519,999; or if you are a New Applicant .............. $20.00
❑ Public ❑ Private
❑ Partnership
❑ $20,000 599,999 ..................................... $50.00
❑ Association
❑ $100,000 or more ................................... $100.00
8. LOCAL OFFICERS (must be current,
bona fide members In good standing)
NAME
TITLE
SOCIAL SECURITY NO. DAYTIME TELEPHONE NO.
LiN-tsA �2AurJ _
PEivr
538-49 0g95 `771e-837,-&�
J0Ycr= RZ61S
__--
1�R,efsH ADl111AJ
/04r-24<- 4Z6R a?8�-5�5
FOR DEPARTMENT OF COMMERCE AND ECONOMIC DEVELOPMENT USE ONLY
Permit Number.
Date of Issue:
Quarterly Reports Filled ❑ 1
Financial Statement: ❑ Yes
1% Fee ❑ Yes ❑ No
❑ 2 11 3 ❑ 4
❑ No ❑ New
Date of Receipt Stamp
NOTICE! GAMING ACTIVITIES MAY NOT BE CONDUCTED UNTIL THE PERMIT IS ISSUEDL
08-4039 (Revised 11189) (1)
COOPERATION AGREEMENT
THIS AGREEMENT, made this day of ,
19 , by and between COOK INLET HOUSING AUTHORITY (hereinafter
called the "Authority") and the CITY OF KENAI (hereinafter called
the "City") .
WITNESSETH:
In consideration of the mutual covenants hereinafter set
forth, the parties hereto do agree as follows:
1. Whenever used in this Agreement:
(a) The term "Project" shall mean any low -rent housing
hereinafter developed or acquired by the Authority
with financial assistance of the United States of
America acting through the Secretary of Housing and
Urban Development (herein called the "Government");
excluding any low -rent housing project covered by
any contract for loans and annual contributions
entered into between the Authority and the
Government, or its predecessor agencies, prior to
the date of this Agreement;
(b) The term "Taxing Body" shall mean the State or any
political subdivision or taxing unit thereof in
which a Project is situated and which would have
authority to assess or levy real or personal
property taxes or to certify such taxes to a taxing
body or public officer to be levied for its use and
benefit with respect to a Project if it were not
exempt from taxation;
(c) The term "Shelter Rent" shall mean the total of all
charges to all tenants of a Project for dwelling
rents and non -dwelling rents (excluding all other
income of such Project), less the cost to the
Authority of all dwelling and non -dwelling
utilities;
2. The Authority shall endeavor to secure a contract or
contracts with the Government for loans and annual
contributions covering one or more Projects consisting
of approximately thirty (30) units, which may include
existing units. The Authority shall plan, develop, or
acquire and administer the Project or Projects, which
PAGE 1 OF FIVE PAGES CITY:
AUTHORITY:
- : LE; . F4-Ff` T, _ - _� 1_, L' _ Ti gin• .:;[?
r [
1 (1) February 1, 1991, for emp_lo ees_-_pf_the division of
2 elections who wore &m_ployed by the division of elections on or before
3 February 1, 1990;
4 ,(21 November 1, 1990, for all other er,,%21oye►ea.
5 e Sac. S. Sactian 4, ch. 89, SLA 1999, is amended to read:
6 Sec, 4. A.UTHORIZATION FOX RETIREMENT INCENTIVE FCR OTHER EMPLOY-
7 US IN THE PUBLIC EMPLOYEES' SYSTEM. (a) The governing body of a
8 political subdivision of the state or s public organization that has
9 elected to participate in the public amployaes' retirement system
10 under AS 39.35.550 - 39.35,650 is authori2ed to adopt a retirement
11 incentive plan for its employees under sec. 2 of this Act. A plan
12 adopted under this section shall permit designated employees to apply
13 to the retirement incentive program under sec. 2 of this Act from
14 September 30, 1989, through ?garch 31, 1991 (1990],
15 (b) Under a plan adopted under this section, the administrator
16 may not accept the application cf an employee ur.laaa the employee wiil
17 be appointed to retirement or. or before Nov&mbsr 1, 1991 [1990).
18 * Bee. 6. Section 9(a), ch. 89, SLA 1989, is amended to read:
19 (a) 1f a participant in the retirement incentive program is
20 reemployed as a member of the public employees' retirement systen
21 uruier AS 39.3y or the tas+chars' retirement s-ysrain under AS 14-25 after
22 appointment to retirement under the progress, the Participant loses the
23 incentive credit received under sec. 2r,p) of this Act and is i.ndubred
24 to the systam. ?ha amour.: of the indai tsdnAna in equal to 11C ^nresnt
23 of the amount the participant rece1vMd a-3 s ie,&u2" -.;f :�Articination in
26 the ,)roL--tm th, participant was not :t':a_.,i;o wntit_td, z t1
27 f Ia =::C 01 The to
•'3 ? _;��i�G 'o �� :Yrc . izal ysi :5 ih3^uf ill+ritTL t..-SC'J�Rdn_� 6. 1'. Lha
Z9 o°
—.,
..) 1 C
-3-
:;558
Accordingly, it is understood that the Housing
Authority will make only one Payment in Lieu of
Taxes annually and that such payment shall satisfy
the Housing Authority's obligations under both
Agreements. No payment for any year shall be made
which exceeds the amount of real property taxes
which would have been paid to the Taxing Bodies if
the Project were not exempt from taxation.
If, during the term of this Agreement, title to a
piece of property included in the Project is
transferred to a private person, said Property shall
no longer be covered by this Agreement.
(d) Upon failure of the Authority to make any Payment
in Lieu of Taxes, no lien against any Project or
assets of the Authority shall attach, nor shall any
interest or penalties accrue or attach on account
thereof.
4. During the period commencing with the date of the
acquisition of any part of the site or sites of any
Project and continuing so long as either (i) such Project
is owned by a public body or governmental agency and is
used for low -rent housing purposes, or (ii) any contract
between the Authority and the Government for loans or
annual contributions, or both, in connection with such
Project remains in force and effect, (iii) any bonds
issued in connection with such Project or any monies due
to the Government in connection with such Project remain
unpaid, whichever period is the longest, the City,
without cost or charge to the Authority or the tenants
of such Project (other than the Payments in Lieu of
Taxes), shall:
(a) Furnish or cause to be furnished to the Authority
and the tenants of such Project public services and
facilities of the same character and to the same
extent as are furnished from time to time without
cost or charge to other dwellings and inhabitants
in the City;
(b) Cooperate with the Authority by such other lawful
action or ways as the City and the Authority may
find necessary in connection with the development
and administration of such Project.
5. If by reason of the City's failure or refusal to furnish
or cause to be furnished any public services or
PAGE 3 OF FIVE PAGES CITY:
AUTHORITY:
+ Amtnded: 3J221'50 6-1631E
Offarea: 1117190
Referred: Finance
�., Original aponlar(s;t SEN. D'JNIMN, fdiks, SRy:nsnski, Ha?forul, sturraiev5ki,
Kelly, 8odey: UP. 2avacki
1 IN THE SENATE BY THE STATE AFFAIRS We IITTEE
2 CS FOR SENATE BILL NO. 343 (State Affairs) Am H
3 IN THE LECISLATURE dF THE STATE OF A;..ASKA
4 SIXTEENTH LEGISLATURE - SECOND SESSION
S A BILL
3 For an Act entitled: "An Act relating to the retirement incentive program,
7 and providing for an effective dace."
8 BE IT ENACTED BY THE LECISLATUkE OF THE STATE CF ALASKA:
9 * Section 1. Section 2(b), ch. 89, SLA 1989, is amended to read:
10 (b) The organizational units of a plan must be selected so that
11 implementation of the plan resu__3 in maximum savings to the employer
12 in personal services costs within tive [THREE] years after the com-
13 mencement of the plan. A plan that resulta in savinr;s in personal
14 services costs in any amount that is ir, excess of all costs :o the
15 employer gvalifies under tl:is section. The dasignatior, may include
16 only representatives from Job classifications whose inclusion contrib-
17 utes to the overall cost savings.
18 * Sec. 2. Section 2(d), Ch. 89, S!,� 1999, is +amanded to read:
19 (d) A Participatirg employer shall prepArm and filA the re-
20 tirement incentive plan with the administrator, Fo. stato ,amployeas
21 other than university employees, the administrator may approve a
22 designated organizational unit only if the office s. r:.arragemant and
23 budget csrtifics that thu unit's participation in the plan rr.eets the
24 reau,irnmsnts of tb) of this 2ection. Tha a11ni :istra:�r shell appro•re
25 the afar. if it Mtett the- re uircnjsnta of this aticcion. "_:ire 9.an ,oust
26 ;l) Identify ,rSanizi c n a 1 unicr and amo4..:",2aei CIialL•1_ to
27 pa_tQ ill the prcjr3n;
2a ;2) inclticly ,. ^i^5t
29 ;a) . c,,iilrus the c:-p'_oy'r,
�'3 343(',A) rri, u
IN WITNESS WHEREOF, the City and the Authority have
respectively signed this Agreement and caused their seals to be
affixed and attested as of the day and year first above written.
CITY OF KENAI
By: Wm. J. Brighton
Its: City Manager
SEAL
ATTEST:
Janet Ruotsala, City Clerk
COOK INLET HOUSING AUTHORITY
By:
Its:
SEAL
ATTEST:
By:
Its: Secretary -Treasurer
PAGE 5 OF FIVE PAGES CITY:
AUTHORITY:
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i9 11
Chapter 89
appointed to retirement on or before August 1, 1990.
* Sec. 6. AUTHORIZATION FOR RETIREMENT INCENTIVE FOR OTHER EMPLOYEES IN
THE TEACHERS' RETIREMENT SYSTEM. (a) An employer under the teachers'
retirement system who is not otherwise covered by secs. 3 or 5 of this Act
is authorized to adopt a retirement incentive plan for its employees under
sec. 2 of this Act. A plan adopted under this section shall permit des-
ignated employees to apply to the retirement incentive program under sec. 2
of this Act only from June 30, 1989, through December 31, 1989.
(b) Under a plan adopted under this section, the administrator may
not accept the application of an employee unless the employee will be
appointed to retirement on or before August 1, 1990.
* Sec. 7. POLITICAL SUBDIVISION OR PUBLIC ORGANIZATION EMPLOYMENT.
Notwithstanding other provisions of law, a vested member who is a state
employee and is participating in the retirement incentive program may
receive credit for employment with a political subdivision or public orga-
nization before the political subdivision or organization became an em-
ployer under the system for purposes of determining eligibility for retire-
ment under AS 14.25.110 or AS 39.35.370, as appropriate. The member may
not receive credit for those years under this subsection for purposes of
determining benefits. In order for a state employee to receive credit
under this subsection, the employee's participation in the program must
contribute to the overall cost savings of the agency.
* Sec. 8. RECOVERY OF EMPLOYER DELINQUENCIES. To recover a delinqueo!c.y
owed- by an employer other than the orate under an agreement entered under
sec. 2(d)(2) of this Act, the Department of Administration may
(1) bring an action against the employer; or
(2) direct that the amount of the delinquency or a lesser amount
be withheld from any money payable to the employer by a state department or
agency and that the amount withheld be credited to the delinquency.
CCS SB 73 -6-
i
2
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4
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2311
14
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Chapter 89
* Sec. 9. REEMPLOYMENT INDEBTEDNESS AND REEMPLOYMENT PROHIRITTON. (a)
If a participant in the retirement incentive program is reemployed as a
member of the public employees' retirement system under AS 39.35 or the
teachers' retirement system under AS 14.25 after appointment to retirement
under the program, the participant loses the incentive credit rtrrived
under sec. 2(g) of this Act and is indebted to the system. The Pmnunt of
the indebtedness is equal to 110 percent of the amount the participant
received as a result of participation in the program to which the partici-
pant was not otherwise entitled, including the cost of health insurance.
The participant is entitled to a credit to be applied against the reemploy-
ment indebtedness in the amount the participant has paid under sec. 2(e) or
(f) of this Act. Interest accrues on the indebtedness at the rate estab-
lished by regulation from the date of reemployment until the member is ap-
pointed to retirement and accepts an actuarial adjustment to the mrmber's
future benefits or until the amount is paid in full.
(b) For one year after the date on which an employee who participated
in the program retired, the participant may not be employed by or enter
into a contract for personal services with a state department or agency
other than a personal services contract with the University of Alaska.
This subsection does not prohibit the university from entering into a
personal services contract with an employee who has participated in the
program during the year immediately following the employee's retirement.
'✓1' Sec. 1n f1FrT!'F OF MANACEKENT AND BUDGET 'Wfbe i ue5
, igr g an �rga-
nizational unit for participation in the retirement incentive program, the
executive head of a state agency shall describe in detail the expected
effect of the program on the agency's personal services cost and operation.
This report shall be filed with the office of management and budget. For
each employee who will receive credit for employment under sec. 7 of this
Act, the agency head shall establish to the satisfaction of the office that
-7- CCS SB 73
PA)MENIS OVER S1.000 ViHICH NEED COUNCIL APPROVAL OR RATIFICATION
(-UiN IL NLL11NU Ur:
FOR RATIFICATION:
-':s:-�-^�tt':�:'.-xtt-t'.:�t�i�aS tt ct�tec�r.:-':tcc�ttxat=-t�ttttttt�t*ttt t-tttttt�tttt=�:tttttett�c ::Ott':itriLG'.:trtzt.t.t.!:t'.:t.'r ttOtrbt�itrt�tt8t�:":i#!:�d3trt4G:: ::ttt:�;:�k
VENDOR DESCRIPTION DEPARTMENT ACCOUNT AMOUNT MISC.
tataaataatt�aaaa�t: �a+:tt::�:ttttttaaattta�ttttttttaatatatatt:atat.attataaattaat�-tattttatttttttt::tr:aata�-�..ta::tttaa�-�.�.�:at:se:t��et•;-ar:tttt:ee:r:t�:�:t=.�t�:r._.a•t}a:
�t�tt
KENAI PENINSULA BOROUGH
IST QRIR SALES TAX
VARIOUS
SALES TAX
11,786.27
ALASKAN' FEDERAL CREDIT UNION
APRIL CREDIT UNION W/H
VARIOUS
LIABILITY
14,308.00
HOMER ELECTRIC
ELECTRICITY USAGE
VARIOUS
UTILITIES
2.825.02
NATIONAL BANK OF ALASKA
APRIL FEDERAL W/H
VARIOUS
LIABILITY
38.891.87
APRIL MEDICARE
VARIOUS
LIABILITY
2,072.54
STATE OF ALASKA
1ST QRTR ESC
VARIOUS
ESC
7,416.40
BLUE CROSS
MAY MEDICAL INS.
VARIOUS
HEALTH INSURANCE
28,325.41
ICMA RETIREMENT CORP.
DEFERRED COMP.
VARIOUS
LIABILITY
13,435.00
401 PLAN
VARIOUS
SUPPL. RETIREMENT
10.367.80
STATE OF ALASKA
APRIL GARNISILMENTS
VARIOUS
LIABILITY
11100.00
NATIONAL BANK OF ALASKA
T-BILL 4/19/90
CENTRAL TREASURY
CENTRAL TREASURY
2,629,511.19 8.573% ANT.
EOk APPROVAL:
a::aaaaa-.ttt�t:�tr:t�t�-�tttt=t�ttr.tat+ettt-ttt::tttttttttttttfttttttt-tttttttttettttttttttttttt.tttttttttttttttttttt,ttatttttttt::+-tttrtr:tr.ttttt;+tttt::-tttr;tttt
VENDOR DESCRIPTION DEPARTMENT ACCOUNT AMOUNT MISC.
����--.��..111��--.��•.t�-a.�tttt::ttaatttataattttttttttaattttatttttttttttt+ttttttt�ttt*ttt�tt::ttttt�:attttt�-�-ta�ttat:tttttaattttat�tatt�-::�tax�:attatarnt::ta�-ataa
HONEY�;ELL CHECK & REPAIR CONTROLS BUILDINGS REPAIR & MAINTENANCE 3,376.48 P.O. 21745
AT PUBLIC SAFETY BUILDING
INTERNATIONAL E-2 UP 10 X 20 SHELTER FOR OUTDOOR EVENTS RECREATION OPERATING SUPPLIES 1.051.72 P.O. 22447
t
2
3
4
5
6
7
e
9
10
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14
15
16
17
18
19
20
21
22
23 II
[a it
25
26
27
29
Chapter 89
section. The designation may include only representatives from job class-
ifications whose inclusion contributes to the overall cost savings.
(c) A member is eligible to participate in the retirement incentive
program only if the member is vested, is employed in a position in a des-
ignated organizational unit, and will be qualified to retire under AS 14.-
25.110 or AS 39.35.370 after receipt of the retirement incentive. To
participate, a member shall apply on a form provided by the administrator.
(d) A participating employer shall prepare and file the retirement
incentive plan with the administrator. For state employees other than
university employees, the administrator may approve a designated orga-
nizational unit only if the office of management and budget certifies that
the unit's participation in the plan meets the requirements of (b) of this
section. The administrator shall approve the plan if it meets the require-
ments of this section. The plan must
(1) identify organizational units and employees eligible to
participate in the program;
(2) include a reimbursement agreement that
(A) requires the employer, for each employee who is retired
under the plan, to reimburse the system within three years after the
end of the fiscal year in which the employee is appointed to retire-
ment in an amount equal to
(i) the actuarial equivalent of the difference between
the benefits the participant receives after the addition of the
retirement incentive under this section and the amount the par-
ticipant would have received without the incentive, less the
amount the participant has paid on the indebtedness determined
under (e) or (f) of this section; and
(ii) an appropriate share of the administrative costs
of the program; and
CCS SB 73 -2_
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Cha;cr 89
(B) provides that contributions from the empinyc,r under
this section take priority over other obligations of the employer to
the maximum extent permitted by law.
(e) A member of the teachers' retirement system who participates in
the retirement incentive program is indebted to the system. The amount of
indebtedness is equal to 21 percent of the member's actual compensation for
the school year, or the calculated school year compensation for a member
who works less than the entire school year, for the school year in which
the member terminates employment to participate in the program. An out-
standing indebtedness at the time a participant is appointed to retirement
will require an actuarial adjustment to the benefits payable.
(f) A member of the public employees' retirement system who partici-
pates in the retirement incentive program is indebted to the system. The
amount of indebtedness is equal to 22-1/2 percent for a peace officer or
fireman, and 20-1/4 percent for other members, of the member's actual
annual compensation, or the calculated annual compensation for a member who
works fewer than 12 months, for the year in which the member terminates
employment to participate in the program. An outstanding indebtedness at
the time a participant is appointed to retirement will require an actuarial
adjustment to the benefits payable.
(g) A participant in the retirement incentive program receives a
credit of three years. The three years must be applied in the following
order until exhaucred;
to meet the age or service required for eligibility for
normal retirement under AS 14.25.110 or AS 39.35.370, as appropriate;
(2) to meet the age required for early retirement under AS 16.-
25.110 or AS 39.35.370, as appropriate;
(3) to reduce the actuarial adjustment required for early re-
tirement under AS 14.25.110 or AS 39.35.370, as appropriate;
-3- CCS SB 73
'HITE - VENDOR
DLDENROD - ACCOUNTING
NNARY - ACCOUNTING
.UE - SHIPPING & RECEIVING
REEN - APPROVED COPY
NK - REQUISITIONER
I
SO
PURCHASE ORDER
CITY OF KENAI
210 FIDALGO ST. PHONE 283-7538
KENAI, ALASKA 99611
VENDOR NO
Timothy J. Rogers
SHIP VIA:
THIS PURCHASE ORDER
NUMBER MUST APPEAR ON
ALL PACKAGES AND PAPERS
RELATING TO THIS PUR-
CHASE-
No.
Ddte 5/2/90
BY
FINANCE DIRECTOR _
DELIVERY DATE
PREPAY SHIPPING - CHARGE
F.O.B.
VERCMTATION PURCHASES AUTHORIZED ONLY WHEN SIGNED ABOVE BY
SEPARATE ON INVOICE
THE FINANCE DIRECTOR OR HIS AUTHORIZED AGENT
ITEM NO.
DESCRIPTION OR ARTICLE
QUANTITY
ORDERED
U NIT
UNIT PRICE
AMOUNT
REimbursement for costs to travel to
Juneau and return to attend close of
the Legislative Session:
Airfare
484.00
Per Diem
5
days
$30.00
150.00
Hotel ('Westmark/government rate)
6
night
69.00
414.00
Cab Fare
30.00
TOTAL
$1,078.0(
001. 12. 4533 1 1, 0-78 1 001 -'
i
LAWS OF ALASKA
.Y.r
1989
Source Chopier No.
I CCS SB 73 89
I
AN ACT
I
Relating to retirement incentive programs for the public
employees' retirement system and the teachers' retirement
system; and providing for an effective date.
I
I
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
THE ACT FOLLOWS ON PAGE 1, LINE 11
Approved by the Governor: June 2, 1989
Actual Effective Date: June 3, 1989
WHITE - VENDOR
GOLDEN4tOD - ACCOUNTING
ANARY • ACCOUNTING
BLUE - SHIPPING & RECEIVING
GREEN - APPROVED COPY
PINK - REQUISITIONER
r VENDOR NO.
l
The Eriksen Group
A Public Relations Company
44539 Sterling Hwy.
Soldotna, AK 99669
TO
SHIP VIA:
PURCHASE ORDER
CITY OF KENAI
210 FIDALGO ST. PHONE 283.7538
KENAI, ALASKA 99611
,y-a
THIS PURCHASE ORDER
NUMBER MUST APPEAR ON
ALL PACKAGES AND PAPERS
RELATING TO THIS PUR-
CHASE.
No.
Dare 4/30/90
BY
uu.0 c M."'Tno -
DELIVERY DATE
PREPAY SHIPPING - CHARGE
F.O.B.
PER OUO7ATION PURCHASES AUTHORIZED ONLY WHEN SIGNED ABOVE BY
SEPARATE ON INVOICE
THE FINANCE DIRECTOR OR HIS AUTHORIZED AGENT
ITEM NO.
DESCRIPTION OR ARTICLE
QUANTITY
ORDERED
UNIT
UNIT PRICE
AMOUNT
Advertising for Kenai Airport Open House
2,322.07
TOTAL
020.91.4534 I $2,322.
!f
/ 0
1391
I1A16
40,329
112
2,112
0
1'694
425
5.271
2, " "
5,000
1,500" `"
595
53,830
IFS;
I7ESC
41,325
112
2,225
0
2,480
436
5.27%
2,I78
5,000
1,500
599
55,143
1993
17C10
42,321
136
2,167
0
3,106
451
5.21%
2,230
5,000
1,500
614
58,259
IS94
1703E
43,317
136
2,B32
0
3,465
461
5.27%
2,283
5,000
1,500
628
59,486
1995
17ESF
44,313
136
2,091
0
3,545
472
5,27%
2,335
5,000
1,500
641
60,705
280,033
22,837 457 -1,055 11,735
n S
911
16CC
45,512
25P
4,032
2,063
1,912
516
7.46%
3,549
5,000
I,Soo
0
64,084
1992
16✓:
45,512
258
4,032
2,063
2,731
516
1,46%
3,569
51000
1,500
0
64,903
I993
16_C
45.512
25B
4,032
2,063
3,641
516
7.45%
3,549
5,000
1,500
0
55,813
1994
16CC
45,512
258
4,032
2,063
3,641
516
7.461
3,549
5,000
1,500
0
65,813
995
16CC
45,512
258
4,032
2,063
3,641
516
7,46%
3,549
5,000
1,500
0
65,013
326,426
"k"'+•
64
1,92E
.,,
2,u45
1 19
1,593
411
I.4S1
2,•9SB
3,000
1;500
515
53;735
s 7 c
IS7
096
762
333
427
„ i6i
32
5,000
i ,500
S89
S5,615
93
i6C
39,824
190
2,598
1,805
3,106
442
7.461
3,106
5,000
1,500
604
58,065
1994
160
40,772
190
2,660
1,840
),252
453
7,46%
3,179
5,000 -
1,500
618
59,292
1995
16E
41,720
190
2,122
1,591
3,338
463
7,46%
1,253
5,000
1,500
632
60,511
281,226
61,474 1,229 -16,211-39,'14
sEIE, AN'JA :.
1991
'6'C
45,512
184
1,026
0
1,912
495
0.64%
291
5,000
1,500
0
58,736
1992
16CC
45,512
184
4.026
0
2,731
495
0.54%
211
S,000
1,500
0
59,555
1393
16H
45,512
184
4,025
0
3,641
495
0.64%
291 _
_ 5,000
1,500 .
__.-. 0
_ 60,465
_
1994
16CC
45,512
184
4,026
0
3,641
495
0.64%
291
5,000
1,500
0
60,465
1995
16CC
45,512
184
4,026
0
3,641
495
0.64%
291
$,000
1,500
0
50,465
299,585
1RNEE1 SEFIACEM;9T
1991
16A68
38,402
112
2,068
0
1,613
405
0.641
246
5,000
1,500
557
49,791
1392
I'HE
39,350
112
2,119
0
2,361
415
0.64%
252,
5,000
1,500
571
51,568
1933
161^10
40,298
136 - -
2,635
_ 0
3,224
429
0.641
__ 258 _
5,000___
1,500--.------
584-.53,928__
1994
1601E
41,246
136
2,697
0
3,300
439
0.64%
264
5,000
1,500
598
$5,044
1935
16EIF
42,194
136
2,759
0
3,376
450
0.64%
210
5,000
1,500
612
56,161
265,492
19,790 396 -488 12,520
UP!, [,AVE M.
1931
HE
41,720
136
2,720
0
1,752
444
7.06%
3,219
51000
1,500
0
56,423
1992
16F
42,6ES
160
3,282
0
2,560
460
7.86%
3,354
5,000
1,500
0
50,824
1993
16F
42,66E
150
3,282
0
3,413 --
460 -_
. 7.86%
- 3,354_ __
5,000 _____1'500._.____.._0
59,67E
_
1994
16AA
43,616
160
3,155
6
3,489
470
7.86%
3,420
51000
1,500
0
60,858
19S5
16AA
43,616
160
3,355
0
3,489
410
7.06%
1,420
5,000
1,500
0
60,858
296,640
.".EET1 REPLACEMENT
1991
16A18
38,402
112
2,068
0
1,613
405
7.86%
3,018
51000
1,500
557
52,563
1992
16E1C
39,350
112
2,119
0
2,361
415
7.86%
3,093
5,000
1,500
$71
54,409
1993
16-10
40,259
136
2,635 __-.__
0 __
_ 3,224 _
_ 429 -____
1.061__.-3,161
51000 _
_1,500 ___-_
584
_ 56,831
1994
1606E
41,246
116
2,6S1
0
3,300
439
1.85%
3,242
5,000
1,500
$98
$8,022
1995
16EIF
42,194
136
2,159
0
3,376
450
7.86%
3,316
51000
1,500
612
59,207
281,038
5,469 109 1,369 11,393
R0;EF.�= RAAiII C.
1991
12E5
38,618
184
3,245
0
1,540
399
8,30I
3,044
5,000
1,467
0
51,373
1992
12C:
37,458
184
3,314
0
2,247
408
8.30%
3,109
5,000
1,490
0
$3,034
1993
12CC
_ 37,458__.
184.__
3,314 _.___
0.___2,957
___
408__._8.301_--3,109__-5,000__1,498
__0_-53,184_
---- ______________.._.-.:_._
IS94
12CC
37,498
184
3,314
0
2,997
408
8.10%
3,109
51000
1,498
0
$3,784
1995
12CC
37,458
184
3,314
0
2,997
US
8.30%
3,109
5,000
1,498
0
53,784
265,759
RCSE93 iRA+) REPLACEMENT
1991
12AIB
31,600
112
1,702
0
1,329
333
8.30%
2,623
5,000
1,264
450
44,316
1952
12E1C
32,388
112
1,744
0
1,943
341
8,30%
2,588
5,000
1,296
470
45,870
1993
12CI0..33,168
-- 136-_
2,169-
-0 _._-
2,653 ____
353
__ 8.30I-2,153__5,000_1,121
481 _-41,904..__
1994
1201E
33,940
136
2,220
0
2,716
362
0.30%
2,818
5,000
1,356
492
48,914
1995
12EIF
34,128
136
2,271
0
2,778
370
0.30%
2,002
5,000
1,389
504
49,922
235,926
16,943 339 -451 11,100
F0S:. RI'NA6P A.
1991
221^C
60,918
184
5,394
0
2,561
664
6.22%
3,793
5,000
1,500
0
79,890
1992
22CC
60,978
184
5,394
0
31659
664
6.22%
3,723
51000
1,500
0
10,988
1993
22CC ._
60,9I8 ._
l84 ___1,394
_-_
0
- 4,918 - __.
661 __.
_ 6.22%
1,193 ___5,000.
1 500--0
-_12,207____
1994
22CC
60,978
184
5,394
0
4,818
664
6.22%
3,79)
5,000
1,500
0
82,207
1995
22CC
60,978
184
5,396
0
4,878
664
6.22%
3,793
5,000
1,500
0
82,207
407,499
ELQLISITIONS OVER $1.000 hHICH NEED COUNCIL APPROVAL
COUNCIL MEETING OF:
MAY 2, 1990
VENDOR DESCRIPTION DEPARTMENT ACCOUNT AMOUNT
AIRPORI LIGHTING CO. MISC. PARTS FOR RUNWAY LIGHTS
AI.ASKA WINTER FILTERS
ANCHORAGE COLD STORAGE MAY GROCERIES
MAY GROCERIES
CO`,PCIEELAND EPSON EQUITY IIe COMPUTER, PRINTER,
MODEM AND SOFTWARE
HONEYWLLL REPAIRS TO PUBLIC SAFETY BOILER
INDUSTRIAL ELECTRIC REBUILD LIFT STATION PUMP
JAHRIG ELECTRIC LIFT STATION MAINTENANCE
ROOMS WALLPAPER FOR DINING AREA
TLSAS INS'RL?TENTS TEXAS INSTRUMENTS PRINTER OMNI 800
AIRPORT M & 0
REPAIR & MAINT. SUPPLIES
4,844.60
BULDINGS
REPAIR & MAINT. SUPPLIES
1.236.20
CONGREGATE MEALS
OPERATING SUPPLIES
3,600.00
HOME DELIVERY
OPERATING SUPPLIES
900.00
SR. DAY CARE-OAC
MACHINERY & EQUIPMENT
484.00
SR. DAY CARE-MHT
MACHINERY & EQUIPMENT
2,500.00
BUILDINGS
REPAIR & MAINTENANCE
2,434.00
SEWER
REPAIR & MAINTENANCE
1,200.00
SEWER
REPAIR & MAINTENANCE
8,869.00
KPB SUPPLEMENTAL
REPAIR & MAINTENANCE
1.620.92
POLICE
MACHINERY & EQUIPMENT
2.245.00
1
i . I . t . . 4-S-9(
;�ELIMINW CNLYI PERS' HAS SENT NO INFO.
USEi OLC 4 RS CIATA
_
_
�_.
�--_--___-
_-_--
_-- --
PAY I .
- - - --
CITY EST. TIME NE1
PiJ�ECTED AT MINIMUM
REPLACEMENT SALARIES)
LEAVE
HOLIDAY
PERS
V/C
SUPPL.
BENEFIT
5-YR.
PYMT 2% ADMEN VALUE SAVINSS
YEAR
RANGE
PAY
HOURS
LEAVE
PAY
(4.2,6,8)
ESC
RATE
Y/C
HEALTH
RETIRE
MEDICARE
SUBTOTAL
TOTAL
RE9'D FEE OF S ILiSSI
AHLI=E:, HICHAEL Y.
1991
14CC
41.297
184
3,653
2,621
1,734
476
6,22%
2.732
5,000
1,500
0
59,013
1992
14CC
11,297
184
3,653
2,621
2,478
476
6,22%
2,732
5,000
1,500
0
59,757
1993
14CO
41,297
184
3,653
2,621
3,30k
- 476 -
6,22%
- 2,732
- 5,000
-- 1,500
---- 0
---10,583-
- - -
- -
1994
14CC
41,297
184
31653
2,621
3,304
476
6,22%
2,732
5,000
I,500
0
60,581
199S
14CC
41,297
184
3,653
2,621
3,304
476
6.22%
2,732
5,000
1,500
0
60,583
300,519
FEPIAffMfNT
1991
!4A
3A,11?
!I2
1.353
2,184
1'446
365
o.22i
2,231
S,u00
1,117
531
49,170
992
14B
35;1)1
111
1;ann
2,239
11?
D0L
6.2.
2,135
5,uu0
i, w
544
S1,215
!293
!4C
38,13?
136
2,363
- 2,29'3
2,39i
408
- - 6.2215
-- 2,390---
5,000
1,445
- - 557---$3,484
--_ -
1954
i4C
36,99,
136
2,419
2,348
2,960
All
6,22%
2,40
5,000
1,400
511
Sk,640
1995
14E
37,857
136
21415
2,402
3,029
421
5.22%
2,504
5,000
1,500
584
55,718
264,587
49,464 989 -12,021 26,550
A!EIAHcER, CI,EI HEN
1991
BEE
30,184
160
2,322
1,916
1,268
344
0.64%
205
5,000
1,207
0
11,416
1992
8CC
30,825
184
2,727
I'm
1,850
355
0.64%
210
5,000
1,233
0
44,157
1993
8CC
30,825
184
2,727
1,956
- 2,466
---- 355 -
- 0.64i--
210
-5,000
- 1,233
--- - -0
--. 44,173
-- --
- -
1994
8CC
30,826
Ilk
2,721
1,956
2,466
355
0.64%
M
5,000
1,231
0
44,173
1995
BCC
30,826
184
2,727
1,956
2,466
355
0.64%
210
5,000
1,233
0
4k,113
220,822
ALE+ANGER FEPLACEMENT
1991
aw
26,011
112
1,401
1,651
I'm
291
0.611
177
5,000
1,040
401
37,064
1992
881C
26,653
112
1,435
1,691
1,599
298
0.64%
18t,
5,000
1,066
kit
38,334
1993
830
21,295
136
I,785
1,732
2,184
- - 308
0.64%
--..186
-- 5,000
- 1,092----
- 421--.40,003
--- - -
- - - --
1994
BRIE
21,937
136
1,821
1,773
2,235
315
0,64%
190
5,000
1,117
431
40,825
1995
8EIF
28,579
136
1,869
1,81k
2,286
123
0.64%
195
5,000
I'm
4k1
41,650
391,816
17,066 341 -1,842 3,197
EFISdF:N, YILLIAM J.
1991
8512BO
160
6,560
0
3,582
0
1.05%
895
5,000
1,500
0
102,017
1992
85,280
1811
7,544
0
5,117
0
1,05%
895
5,000
I'm
0
105,336
1993
-
65,280
184
-- 7,544
---- 0
6,822
---- 0 ----LOSS--
$95--_5,000_-1,500.----.
0
to? ,04t__
1994
85,280
t8k
1,544
0
6,822
0
1.05%
895
5,000
1,500
0
107,041
1995
85,280
184
1,544
0
6,822
0
1.05%
895
5,000
1,500
0
107,041
529,216
ERISHTGN FEPLACEMENT
A 1991
75,000
112
4,038
0
3,150
0
1.05%
788
5,000
1,500
744
90,220
1992
77,000
112
4,116
0
4,620
0
1.05%
809
5,000
1,500
744
93,819
1993
79,000
136
5,165_--__-0-
6,320
--.---0
-1.05i--130-__5,000_
_1,500
-__lkk.__98,559
199A
01,000
136
5,296
0
6,480
0
1.05%
851
5,000
1,500
144
100,871
1995
01,000
136
5,427
0
6,640
0
1,05%
872
5,000
1,500
744
103,183
486,652
30,443 769 -5,334 -1,922
E!'FI,EfT, �AV;O C.
1991
18C.-
50,190
184
4,440
0
2,108
546
7.46%
3,744
51000
1,500
0
67,528
1992
18CC
50,190
184
4,440
0
3,011
546
7.46%
3,144
5,000
1,500
0
68,431
1293
18G=
- 50,190
---IBI
-- k,k40
0
----4,015_
^__ $46--7.46i--3,7kk
5,0001,500
0
1994
18CC
50,190
184
4,440
0
4,015
546
I mi;
3,744
5,000
1,500
0
.69,435
1995
IBCC
50,190
184
4,440
0
4,015
546
1.46%
3,744
5,000
1,500
0
69,435
344;261
BURN --TT REPLACEMENT
1991
18A
41,822
112
2,252
0
1,757
441
1.46%
1,120
5,000
1,500
606
55,k98
1992
188
42,868
112
2,308
0
2,572
02
7.46%
3,198
5,000
1,500
622
$8,520
-_ __-1993
18C -
43,ilk
--136---2,871
---0--
3,513
----468---1.461___3,276--S,000-1,500----631--51,119-----
--- --.
1994
18D
44,960
136
2,940
0
1,591
419
7.46%
3,354
5,000
I'm
652
52,482
1995
ISE
45,006
136
1,008
0
3,680
490
7.46%
3,432
5,000
1,500
667
13,113
102,462
k5,131 903 -8,957 -13,i9l
DEF6PEST, EMILY H.
1991
17F
44,811
I04
3,S6k
0
1,852
488
0.54%
287
5,0DO
1,500
0
S7,932
1992
17AA
- 45,807
184
4,052
0
2,748
499
0.64%
293
5,000
1,500
0
59,809
1993
17AA____45,807._
184-4,052_
0--_--3,665-499--0.64i-293-1,000.-1,500
0 60,816
1934
1188
46,801
Ilk
k,140
0
3,74k
509
0.641
300
5,000
1,500
0
61,996
1995
1788
46,803
184
4,140
0
3,744
509
0,64%
300
5,000
I,S00
0
61,996
302,63%
Y-3
Suggested By: Administration
City of Kenai
ORDINANCE NO. 1369 - 90
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED
REVENUES AND APPROPRIATIONS BY $720 IN THE COUNCIL ON AGING - BOROUGH FUND.
WHEREAS, the Kenai Senior Connection donated $720 to the City of Kenai to be used
for janitorial services at the Kenai Senior Center for the remainder of this
fiscal year.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that
estimated revenues and appropriations be increased as follows:
Council on Aging Borough Fund
Increase Estimated Revenues:
Miscellaneous Donations $ 720
Increase Appropriations:
COA - Borough - Janitorial $ 720
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of May, 1990.
ATTEST:
Janet Ruotsala, City Clerk
Approved by Finance:
(4/25/90)
jas
cTa
JOHN J. WILLIAMS, MAYOR
First Reading: May 2, 1990
Second Reading: May 16, 1990
Effective Date: May 16, 1990
H-7
1791-1991
CITY OF KENAI
%Od Cajad r 4 4Za446a
210 FIDALGO KENAI, ALASKA 99611
TELEPHONE 283 - 7535
FAX 907-283-3014
MEMORANDUM
TO: William J. Brighton, City Manager
FROM: Charles A. Brown, Finance Director
C C4
DATE: April 13, 1990
SUBJECT: Retirement Incentive Program (R.I.P.)
As a result: of the 1989 R.I.P., the State identified eighteen City of
Kenai employees who were eligible for R.I.P. The three-year personnel
cost comparisons (current employee vs. replacement employee) indicated
that seven, employees would save the City money. The Council then
authorized those seven employees to file under R.I.P. Of those seven
eligible employees, three have applied for R.I.P.
After the State legislature began consideration of changing the R.T.P.
calculation from three years to five years, as well as allowing
employees to pay the difference to create a "savings", I advised the
eleven non -eligible employees that they may file for R.I.P. by March
31, 1990, if they had a desire to do so. This was done so that they
might meet the filing deadline in case the legislation was adopted.
All this was understood to be subject to Council approval.
The legislation has been adopted. In addition to the two provisions
discussed above, the legislation also allows municipal employees to
file by March 31, 1991 and retire by November 1, 1991 (note that this
one-year extension does not apply to State employees).
Two of the eleven non -eligible employees have filed for R.I.P. One
desires to retire at the end of June, 1990; the other desires to
retire at the end of October, 1990.
I assume that the one-year extension may add several City employees to
the State's eligibility list. It will be several months before the
State sends us the information. They will show two City payment
amounts: cne if the employee retires November 1, 1990, and one if the
employee retires November 1, 1991. However, they did say that the
previously issued figures should be reasonable if the employee retires
by November 1, 1990.
1
Suggested by: Administration
CITY OF KENAI
ORDINANCE 1370-90
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA REPLACING THE
TABLES REFERRED TO IN THE PERSONNEL REGULATIONS (TITLE 23) TO
ESTABLISH A NEW SALARY STRUCTURE BY GRADE AND NEW HOURLY RATES FOR
PART-TIME EMPLOYEES.
WHEREAS, the Personnel Ordinance, KMC 23.55.020(a) and 23.55.050,
specifier that the tables establishing salary structure by grade and
hourly rates for part-time employees may be replaced by ordinance,
and;
WHEREAS, due to inflation occurring over the last two years, it
appears equitable that the salary structure by grade be increased by
4%, and that the hourly rates for part-time employees (excluding job
training classes) be increased by 4%.
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that the attached tables identified as "Salary Structure by
Grade" and "Part -Time Hourly Rates" replace those corresponding tables
that presently appear in the Personnel Ordinance which establish
salary structure by grade and hourly rates for part-time employees.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of
May, 1990. -
JOHN J. WILLIAMS, MAYOR
ATTEST:
Janet Ructsala, City Clerk
First Reading: May 2, 1990
Second Reading: May 16, 1990
Effective Date: July 1, 1990
Approved by Finance:
(4/25/90)
kl
Suggested by: Administration
CITY OF KENAI
ORDINANCE 1372-90
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AMENDING KMC
23.50.010(d) BY ADDING A NEW JOB CLASSIFICATION ENTITLED "SEWER
TREATMENT PLANT OPERATOR III".
WHEREAS, the proposed 1990-91 Annual Budget includes a new sewer
treatment plant operator position at pay range 15.
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that KMC 23.50.010(d) is hereby amended as follows:
CLASS CODE CLASS TITLE RANGE
(d) PUBLIC WORKS
401
Building Inspector
15
402
Shop Foreman
16
403
Street and Airport Foreman
15
404
Sewer Treatment Plant Operator I
13
405
Water & Sewer Operator I
12
406
Mechanic Helper
12
407
Equipment Operator I**
11
408
Mechanic
14
409
Street and Apron Leadman
12
410
Water & Sewer Foreman
13
411
Chief Animal Control Officer
10
412
Maintenance Worker
10
413
Sewer Treatment Plant Operator II
14
414
Sewer Treatment Plant Operator III
15
**Duties include any activities directed for maintenance of City
properties :in addition to equipment operation.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of
May, 1990.,
JOHN J. WILLIAMS, MAYOR
ATTEST:
Janet Ruot:sala, City Clerk
First Reading: May 2, 1990
Second Reading: May 16, 1990
Effective Date: July 1, 1990
Approved by Finance
(4/25/90)
kl
�
1F-/-*'
Suggested by: Administration
CITY OF KENAI
ORDINANCE NO. 1371-90
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AMENDING KMC
23.55.040 BY INCREASING THE UNIFORM ALLOWANCE FOR MEMBERS OF THE
POLICE DEPARTMENT TO $600 PER YEAR.
WHEREAS, the present $500 annual uniform allowance for members of the
Police Department is insufficient to adequately maintain a set of
uniforms, and
WHEREAS, the Police Chief has requested that the allowance be
increased to $600 per year.
NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA that KMC 23.55.040 is hereby amended as follows:
23.55.040 Uniform Allowance: (a) The following annual
allowances are established to defer the cost of uniform cleaning,
maintenance, and replacement for second and succeeding years of
service:
Police - [$500] 600 Animal Control - $300
Fire - $400 Dispatch - $300
Payment shall be made [BASED ON PRO RATA SERVICE AND PAID] in advance
in July and January installments. (Ord. 1047)
(b) On hiring, the respective department head shall issue from
stock or purchase from appropriate funds a basic uniform and equipment
issue.
(c) Public Works departments, Water & Sewer, and Animal Control
personnel shall be authorized to purchase from appropriated funds,
safety shoes, hard hats, and other OSHA required items. Laundry
service will also be provided for those clothing items furnished.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of
May, 1990.
JOHN J. WILLIAMS, MAYOR
ATTEST:
Janet Ruotsala, City Clerk
First Reading: May 2, 1990
Second Reading: May 16, 1990
qij Third Reading: July 1, 1990
Approved by Finance: f
(4/25/90)
kl
//,
Suggested by: Administration
CITY OF KENAI
ORDINANCE NO. 1371-90
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AMENDING KMC
23.55.040 BY INCREASING THE UNIFORM ALLOWANCE FOR MEMBERS OF THE
POLICE DEPARTMENT TO $600 PER YEAR.
WHEREAS, the present $500 annual uniform allowance for members of the
Police Department is insufficient to adequately maintain a set of
uniforms, and
WHEREAS, the Police Chief has requested that the allowance be
increased to $600 per year.
NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA that KMC 23.55.040 is hereby amended as follows:
23.55.040 Uniform Allowance: (a) The following annual
allowances are established to defer the cost of uniform cleaning,
maintenance, and replacement for second and succeeding years of
service:
Police - [$500] 600 Animal Control - $300
Fire - $400 Dispatch - $300
Payment shall be made [BASED ON PRO RATA SERVICE AND PAID] in advance
in July and January installments. (Ord. 1047)
(b) On hiring, the respective department head shall issue from
stock or purchase from appropriate funds a basic uniform and equipment
issue.
(c) Public Works departments, Water & Sewer, and Animal Control
personnel shall be authorized to purchase from appropriated funds,
safety shoes, hard hats, and other OSHA required items. Laundry
service will also be provided for those clothing items furnished.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of
May, 1990.
ATTEST:
Janet Ruotsala, City Clerk
Approved by Finance: f_qa
(4/25/90)
JOHN J. WILLIAMS, MAYOR
First Reading: May 2, 1990
Second Reading: May 16, 1990
Third Reading: July 1, 1990
kl
Suggested by: Administration
CITY OF KENAI
ORDINANCE 1372-90
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AMENDING KMC
23.50.01.0(d) BY ADDING A NEW JOB CLASSIFICATION ENTITLED "SEWER
TREATMENT PLANT OPERATOR III".
WHEREAS, the proposed 1990-91 Annual Budget includes a new sewer
treatment plant operator position at pay range 15.
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that KMC 23.50.010(d) is hereby amended as follows:
CLASS CODE CLASS TITLE RANGE
(d) PUBLIC WORKS
401
Building Inspector
15
402
Shop Foreman
16
403
Street and Airport Foreman
15
404
Sewer Treatment Plant Operator I
13
405
Water & Sewer Operator I
12
406
Mechanic Helper
12
407
Equipment Operator I**
11
408
Mechanic
14
409
Street and Apron Leadman
12
410
Water & Sewer Foreman
13
411
Chief Animal Control Officer
10
412
Maintenance Worker
10
413
Sewer Treatment Plant Operator II
14
414
Sewer Treatment Plant Operator III
15
**Duties include any activities directed for maintenance of City
properties in addition to equipment operation.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of
May, 1990.
JOHN J. WILLIAMS, MAYOR
ATTEST:
Janet Ruotsala, City Clerk
First Reading: May 2, 1990
Second Reading: May 16, 1990
Effective Date: July 1, 1990
Approved by Finance
(4/25/901,
kl
N- V
Suggested by: Administration
CITY OF KENAI
ORDINANCE 1370-90
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA REPLACING THE
TABLES REFERRED TO IN THE PERSONNEL REGULATIONS (TITLE 23) TO
ESTABLISH A NEW SALARY STRUCTURE BY GRADE AND NEW HOURLY RATES FOR
PART-TIME; EMPLOYEES.
WHEREAS, the Personnel Ordinance, KMC 23.55.020(a) and 23.55.050,
specifies that the tables establishing salary structure by grade and
hourly rages for part-time employees may be replaced by ordinance,
and;
WHEREAS, clue to inflation occurring over the last two years, it
appears equitable that the salary structure by grade be increased by
4%, and that: the hourly rates for part-time employees (excluding job
training classes) be increased by 4%.
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that. the attached tables identified as "Salary Structure by
Grade" and "Part -Time Hourly Rates" replace those corresponding tables
that presently appear in the Personnel Ordinance which establish
salary structure by grade and hourly rates for part-time employees.
PASSED BY' THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of
May, 199C.
JOHN J. WILLIAMS, MAYOR
ATTEST:
Janet Ructsala, City Clerk
First Reading: May 2, 1990
Second Reading: May 16, 1990
Effective Date: July 1, 1990
Approved by Finance:
(4/25/90)
kl
H-7
1791-1991
CITY OF KENAI
ff
od (2apdai 4 4ia"a
_ 210 FIDALGO KENAI, ALASKA 99611
TELEPHONE 283 - 7535
FAX 907-283-3014
MEMORANDUM
TO: William J. Brighton, City Manager
FROM: Charles A. Brown, Finance Director
rnQ
DATE: April 13, 1990
SUBJECT: Retirement Incentive Program (R.I.P.)
As a result of the 1989 R.I.P., the State identified eighteen City of
Kenai employees who were eligible for R.I.P. The three-year personnel
cost comparisons (current employee vs. replacement employee) indicated
that seven employees would save the City money. The Council then
authorized those seven employees to file under R.I.P. Of those seven
eligible employees, three have applied for R.I.P.
After the State legislature began consideration of changing the R.I.P.
calculation from three years to five years, as well as allowing
employees to pay the difference to create a "savings", I advised the
eleven non -eligible employees that they may file for R.I.P. by March
31, 1990, if they had a desire to do so. This was done so that they
might meet the filing deadline in case the legislation was adopted.
All this was understood to be subject to Council approval.
The legislation has been adopted. In addition to the two provisions
discussed above, the legislation also allows municipal employees to
file by March 31, 1991 and retire by November 1, 1991 (note that this
one-year extension does not apply to State employees).
Two of the eleven non -eligible employees have filed for R.I.P. One
desires to retire at the end of June, 1990; the other desires to
retire at the end of October, 1990.
I assume that the one-year extension may add several City employees to
the State's eligibility list. It will be several months before the
State sends us the information. They will show two City payment
amounts: one if the employee retires November 1, 1990, and one if the
employee retires November 1, 1991. However, they did say that the
previously issued figures should be reasonable if the employee retires
by November 1, 1990.
1
Suggested By: Administration
City of Kenai
ORDINANCE NO. 1369 - 90
AN ORDINANCEi OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED
REVENUES AND APPROPRIATIONS BY $720 IN THE COUNCIL ON AGING - BOROUGH FUND.
WHEREAS, the Kenai Senior Connection donated $720 to the City of Kenai to be used
for janitorial services at the Kenai Senior Center for the remainder of this
fiscal year.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that
estimated revenues and appropriations be increased as follows:
Council on Aging Borough Fund
Increase Estimated Revenues:
Miscellaneous Donations $ 720
Increase Appropriations:
COA - Borough - Janitorial $ 720
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of May, 1990.
ATTEST:
Janet Ruotsa.la, City Clerk
Approved by Finance:
(4/25/90)
jas
c?Q
JOHN J. WILLIAMS, MAYOR
First Reading: May 2, 1990
Second Reading: May 16, 1990
Effective Date: May 16, 1990
��ELIMINAPY ONLY; PER;
HAS SENT NO INFO.
USES OLO PE6'S DATA
-----------
---___-._.
-----
PAY 6
-
CITY - EST. TIME NET
(PE-,[`.TED AT MINIMUM
REPLACEMENT SALARIES)
LEAVE
HOLIDAY
PER"
W/C
SUPPL.
BENEFIT
5-YR.
PYNT 21 AUXIN VALUE "AVINSS
YEAR
RANGE
PAY
HOURS
LEAVE
PAY
ESC
RATE
W/C
HEALTH
RETIRE
MEDICARE
SUBTOTAL
TOTAL
REQ'D FEE OF 3 (LOSS)
AHLrOF_; MICHAEL V.
1991
14CC
41,297
184
3,653
2,621
1,114
116
6.22%
2,132
$,ODD
1,500
0
59,013
1992
14CC
41,297
184
3,653
2,62t
2,418
416
6,22%
2,732
5,000
1,500
0
59,751
1993
14CC
41,291
184
3,653
2,621
3,304
- 476
- 6.22%
- 2,132
- 5,000
- - 1,500
---0
---60,583
--- -
- -- - -
1994
14CC
41,297
184
3,653
2,621
3,304
416
5.22%
2,732
5,000
1,500
0
60,583
1995
14CC
41,291
184
3,653
2,621
3,304
476
6.221
2,732
5,000
1,500
0
60,583
300,519
AH'.-c_rS PE LAC EOENT
tno;
16A
14 ,'r
112
1, 353
2, i64
i,446
385
1.121
2'211
5,000
1, 377
$31
49,470
1992
14B
35,277
112
1,900
2, 239
2,117
394
6.22%
2;333
5,000
1, 411
544
$1,215
�r
1993
14C
36,137
136
2,363
2,293
2,891
408
6,22%
---2,390
-- 5,000
1,445
- --- 557
S3,184
- - -
-
1994
14D
36,997
136
2,419
2,348
2,960
418
6.22%
2,447
5,000
1,480
511
54,640
1995
14E
37,951
136
2,415
2,402
3,029
421
6,22%
2,504
S,ODO
1,500
584
55,778
264,581
49,464 983 12,029 -26,550
AL Yi11GEk, CEETCHEN
1991
BEE
30,184
160
2,322
1,916
1,268
344
0164%
2a5
51000
1,201
0
42,446
1992
8C,'
30,826
184
2,727
1,956
1,850
355
0.64%
210
5,000
1,233
0
14,157
1993
8CC
30,826
184
- 2,121
1,956
-- 2,466----
355------
0,64i-110
--5,000
--- 1,233
-----.0
-- 44,113 -
-- --
- -
1994
8CC
30,826
184
2,727
1,956
2,466
355
0.64%
210
5,000
1,233
0
44,173
-
1995
8CC
10,826
184
2,727
1,956
2,466
355
0.64%
210
51000
1,233
0
44,773
210,922
ALE�ANOEk FEPLACEMENT
1991
BARB
26,011
112
1,401
1,651
1,092
291
0.64%
177
5,000
1,040
401
37,064
1992
8BAC
26,653
112
1,435
1,691
1,599
298
0.64%
181,
5,000
1,066
ill
38,314
1993
8CID
27,295
136
1,785
- 1,732
2,184
- 300
0.64%
-- -186
-- 5,000
- 1,092
---- - 421
---40,003
1994
801E
27,937
136
1,827
1,713
2,235
315
0,64%
190
5,000
1,117
431
40,825
1995
BE&F
28,519
136
1,869
1,814
2,286
323
0.64%
195
S,000
1,143
441
41,650
197,876
17,066 341 -1,842 3,197
E6'ISHTON, WILLIAM J.
1991
85,280
160
6,560
0
3,582
0
1.05%
895
5,000
1,506
0
102,811
1992
8S,280
181
7,544
0
5,117
0
1.05%
895
5,000
1,500
0
105,336
V
1993
-
65,280
-- 184
-- 1,544----
0
-- 6,822
----0-----1,05%-
895
___5,000--1,500
.____.__..0
107,041_-
--
_
1994
85,280
184
7,544
0
8,822
0
1.051
895
5,000
1,500
0
107,041
1995
05,200
184
7,544
0
6,822
0
1.05%
895
5,000
1,500
0
107,04t
529,276
ERI-3HTON FEPLACEMENT
A 1991
75,000
112
4,038
0
3,150
0
1.05%
788
5,000
1,500
744
90,220
1992
77,000
112
4,146
0
6,620
0
1.05%
809
5,000
1,500
lii
13,819
1993
7 9, 000
136
51165----
--0--
_5,320
-----0---1,05%_-.-.830-__-S,000--1,500
--141-__98,559
1994
81,000
136
5,296
0
6,480
0
1.05%
851
5,000
1,500
744
100,871
1995
83,000
136
5,421
0
6,640
0
1.05%
872
5,000
1,500
114
103,183
486,652
38,443 769 -5,334 -1,922
EOFh:TT, DAV:D C.
1991
IBP:
50,190
184
4,440
0
2,108
545
1.46%
3,744
S,000
1,500
0
67,528
1992
18CC
50,190
18i
4,440
0
3,011
546
7.46%
3,144
5,000
1,500
0
68,431
1993
lBCC
50,ISO
---184 __
4,440
---- 0----.41015-----
- 546.--1.461
-3,I14--
5,000-__
1,500
0- 691135--
1994
18CC
50,190
tall
4,440
D
4,015
546
7.46%
3,744
5,000
11500
0
$9,435
1995
IBCC
50,190
tell
4,440
0
4,015
546
7.46%
3,744
5,000
1,500
0
69,435
344;261
BURNETT REPLACEMENT
1991
IBA
41,822
112
2,252
0
1,757
441
1.46%
3,110
5,000
1,500
606
56,498
1992
18B
42,968
112
2,300
0
2,572
452
7.46%
1,198
5,000
1,500
622
$8,520
__- 1993
18C --
43,9U
._-136--
2,871------0
----
- 3,513--
468-
1,46%___3,216
-5,000-4,500
531_-61,119---__
1994
ISO
44,960
136
2,940
0
1,597
479
7.46%
3,354
5,000
1,500
652
62,482
01
1995
ISE
46,006
136
3,006
0
3,680
490
7.161
3,432
5,000
1,500
667
$3,713
302,462
45,133 903 -8,951-13,191
- 1
DEF6REST, EMILY H.
1991
1?F
44,811
184
3,S64
0
1,882
i88
0.64%
287
5,000
1,S00
0
51,932
1992
17AA
45,801
lei
4,052
0
2,748
499
0.64%
293
5,000
1,500
0
$$,899
(�
- - 1993
17AA----45,801
194
-_ 4,052-
0 _-_3,665
-.499.
_0.641
- 293-1,000_-
1 soo.
A
601816
_
1991
1788
46,803
184
4,140
0
3,744
509
0.64%
300
5,000
1,500
0
61,996
1995
178E
46,903
184
4,140
0
3,744
509
0.611
300
5,000
1,500
0
61,996
302,639
REQiISITIGNS OVER $1,000 WHICH NEED COUNCIL APPROVAL
COUNCIL MEETING OF!
MAY 2,
1990
:zat��e:_-�=�,•;et�r:a:�;�,ttr���:��+�t-�tr.-tr.��a�t�atac+.ae,ter.��tt��t��ra�rt.+���ax�a_�_�����::��t�����t�-�t=e�x�t��:t�taaxttat�t;�t��t
VENDOR
DESCRIPTION
DEPARTMENT
ACCOUNT
AMOUNT
t::�:`.:`.:.__._....i*zd�k*��d':*�4:-tkR4�tr:`.i::::.=k�Ci:�3�},}„i,+*:*d::�*ittri*!ir';4�idir
is k::'k*kt},;:�.tt'x::s`i:�i*At��tt•.�i'*td'.:t
bic :': i:t is ': k :�i<ic
*:: i-�y'.:==tr
AIEPOEI LIGHIING CO.
MISC. PARTS FOR RUNWAY LIGHTS
AIRPORT M & 0
REPAIR & MAINT. SUPPLIES
4,844.60
ALASKA WINTER
FILTERS
BULDINGS
REPAIR & MAINT. SUPPLIES
1.236.20
ANCHORAGE COLD STORAGE
MAY GROCERIES
CONGREGATE MEALS
OPERATING SUPPLIES
3,600.00
MAY GROCERIES
HOME DELIVERY
OPERATING SUPPLIES
900.00
CO`IPUIERLAND
EPSON EQUITY Ile COMPUTER, PRINTER,
SR. DAY CARE-OAC
MACHINERY & EQUIPMENT
484.00
MODEM AND SOFTWARE
SR. DAY CARE-MHT
MACHINERY & EQUIPMENT
2,500.00
HONEYWELL
REPAIRS TO PUBLIC SAFETY BOILER
BUILDINGS
REPAIR & MAINTENANCE
2,434.00
INDUSTRIAL ELECTRIC
REBUILD LIFT STATION PUMP
SEWER
REPAIR & MAINTENANCE
1.200.00
JAHF.IG ELECTRIC
LIFT STATION MAINTENANCE
SEWER
REPAIR & MAINTENANCE
8,869.00
ROOMS
WALLPAPER FOR DINING AREA
KPB SUPPLEMENTAL
REPAIR & MAINTENANCE
1.620.92
TLSAS ISS_'FL?TENTS
TEXAS INSTRUMENTS PRINTER OMNI 800
POLICE
MACHINERY & EQUIPMENT
2,245.00
3Sl
;IAIB
40,379
112
2,112
0
1,694
425
5.27%
2,.,, - ':5,000
1,500--
585
53,830
99'
17E3C
41,325
112
2,225
0
2,480
136
5.271
2 , I ? 8
5,000
1,500
599
55,743
1993
11CI0
h2,321
136
2,167
0
1,366
451
5.21%
2,230
S,000
1,500
6i4
58,259
19-4
1708E
43,311
136
2,832
0
3,465
461
5.27%
2,283
5,000
1,S00
628
59,486
995
17EIF
h1,313
136
2,897
0
3,515
472
5.271
2,335
5,000
1,500
643
60,105
288,033
22,811 451 1,055 11,735
n SF r FIC'rAi,O A.
19?I
IEL
45,512
259
4,032
2,063
1,912
516
7.46%
3,549
5,000
1,500
0
64,084
1932
16C.-
45,512
258
4,032
2,063
2,131
516
1.46%
3,549
5,000
I,Soo
0
64,903
J
ISS3
16:C
45.512
258
4,032
2,063
3,641
515
7.46%
3,Sh9
5,000
1,500
0
65,613
1994
16CC
45,512
258
4,012
2,063
3,641
516
7.46%
3,549
5,000
1,500
0
65,813
1995
16CC
45,512
258
4,032
2,063
3,641
516
7,46%
3,549
5,000
1,500
0
65,813
326,426
O
PLACEn
1991
16A
31,929
151
2,045
1,719
1,593
417
1.45%
2,958
5,000
1,500
515
53,735
992
TEE
3B,876
157
2,096
1,762
2,333
427
1,46%
3,032
5,000
1,S00
509
55,615
1;93
16C
39,824
190
2,598
1,805
3,186
442
1.46%
3,106
5,000
1,500
604
50,065
1994
160
40,172
190
2,660
1,848
3,262
453
7.46%
3,179
5,000
1,500
611
59,292
1995
t6E
41,120
190
2,722
1,691
3,338
463
7,151
3,253
5,000
1,500
632
60,519
287,226
61,474 1,229-16,211 -39,'14
A !.I L L
i991
;ECC
45,512
184
h,026
0
1,912
495
0.64%
291
5,000
1,500
0
58,736
1992
16CC
45,512
184
4,026
0
2,731
495
0.54%
291
5,000
1,500
0
59,555
1393
16CC
45,512
184
4,026
0
3,641
495
0.641
291._
_ 5,000
1,500
_ _ 0
- 60,465
1994
16CC
45,512
184
4.026
0
3,641
495
0.64%
291
5,000
1,500
0
$0,465
199E
16CC
45,512
184
4,025
0
3,641
49$
0.64%
291
5,000
1,500
0
60,465
219,686
RNEIt CEFLACE0EN1
1991
16AIB
38,402
112
2,068
0
1,613
405
0.64%
246
5,000
1,500
557
49,791
1992
1EEIC
39,350
112
2,119
0
2,361
415
0.64%
252.
5,000
1,500
51t
St,566
i
1S33
16CI0
40,298
136 .
_ 2,635
0
3,224
429
0.6h1
_ _ 258 _
5,000 .._..
1,500 _ _.__584
- 53,928__
._._
1994
1606E
41,246
136
2,697
0
3,300
439
0.64%
264
5,000
1,500
59B
55,044
1995
16EIF
42,194
136
2,753
0
3,376
450
0.641
270
5,000
I
612
$6,161
266,452
19,190 396 -406 11,520
r
PEEN, [,AVE M.
1931
16E
it,720
136
2,12E
0
1,752
444
7.86%
3,279
5,000
1,500
0
56,423
1992
t6F
42,668
160
3,282
0
2,560
460
1.86%
3,354
5,000
1,500
0
58,824
v
1993
16F
42,668
150
3,282
0
3,413 ---
460
__ _ 7.86%
- 3,351___
5,000.-___1,500
_____
_ 0
_ 591671__
1994
16AA
43,616
160
3,355
0
3,489
410
7,861
3,420
51000
1,500
0
50,851
ISS5
16AA
43,616
160
3,355
0
3,459
410
7.86%
3,428
5,000
1,500
0
$0,858
296,6h0
EEi2 REPLACEME'1i
1991
16AI8
39,402
112
2,068
0
1,613
405
7.86%
3,018
5,000
1,500
$57
52,563
1992
168IC
39,350
112
2,119
0
2,361
415
7.86%
3,093
5,000
1,500
571
54,409
0
1993
16CI0
40,298
136
2,635.
____._0.____
3,224 _
- 429-___1.061
----
3,161 ___
5,000__-1,500-.__584
_ 56,131---
___-_�.__-__
1994
1606E
41,246
136
2,697
0
3,300
439
7,86%
3,242
5,000
1,500
$98
58,022
199E
16EIF
42,19h
136
2,759
0
3,376
450
7.06%
3,316
5,000
1,500
612
59,201
281,038
5,469 109 1,369 11,393
;CIEFf PAMiN C.
1991
12EB
36,67E
184
3,245
0
1,540
399
8.30%
3,044
51000
1,467
0
51,373
1992
12CC
37,650
184
3,314
0 -
2,241
40B
8,301
3,109
5,000
1,198
0
$3,034
1993
12CC ._
37,458 _
1Bh
_ 3,314 ______._
0_____2,997
._._
408_
_.._1.301___3,109__5,000__1,498
_-D---
53,184_
_______
1994
12CC
31,458
184
3,314
0
2,997
408
8.30%
3,109
5,000
1,498
0
.53,784
199E
12CC
37,458
184
3,314
0
2,997
408
8.30%
3,109
5,000
1,498
0
53,714
265,759
RG5ER3 (RA'O REPLACEMENT
1991
12AI8
31,608
112
1,702
0
I,329
333
8.30%
2,623
5,000
1,264
458
44,316
19S2
12EIC
32,308
112
1,744
0
1,943
341
8,30%
2,688
5,000
1,296
470
45,870
i
_ -
1993
12CI0
33,168 __.
136-_2,169-_.__
-0 _.
2,653 -__
353--__8.30%-2,753_-_5,000-1,321
481-41,901
.
_ ____._�._-_____
1994
120IE
33,9Y8
136
2,220
0
2,716
362
0,30%
2,810
S,000
1,358
412
48,914
1995
12EIF
34,728
136
2,271
0
2,771
370
0.301
2,882
5,000
1,189
504
49,922
236,926
16,943 339 -451 11,100
F CAS 6, nICHAR[ A.
1991
22CC
60,918
IBh
5,394
0
2,561
664
6.22%
3,ISI
5,000
1,500
0
10,890
1992
22CC
60,978
184
5,396
0
3,559
664
6.22%
3,193
5,000
1,500
0
80,988
4/
1993
22CC --
60,978 __
IBh -_
5,394
.____ 0 .._
41878 .___
664 ..._
- 6.22% _
3,793____5,000-1,500-_0
__a2,201._r__
1994
22CC
60,978
184
51394
0
4,016
664
6.22%
3,193
5,000
1,500
0
82,201
1995
22CC
60,978
181
5,394
0
41878
664
6,22%
3,793
5,000
1,500
0
02,207
101,499
0
WHITE - VENDOR
GOLDENROD - ACCOUNTING
CANARY - ACCOUNTING
BLUE - SHIPPING & RECEIVING
GREEN - APPROVED COPY
PINK - REQUISITIONER
r VENDOR NO.
1
The Eriksen Group
A Public Relations Company
44539 Sterling Hwy.
Soldotna, AK 99669
TO
A
SHIP VIA:
PURCHASE ORDER
CITY OF KENAI
210 FIDALGO ST. PHONE 283.7538
KENAI, ALASKA 99611
I0
s
N
i
P
T
N-a
r THIS PURCHASE ORDER
NUMBER MUST APPEAR ON
ALL PACKAGES AND PAPERS
RELATING TO THIS PUR-
CHASE.
No. _
Dare 4/30/90
BY _
Flu.0 [ fl1OL!'Tro
DELIVERY DATE
PREPAY SHIPPING, CHARGE
F.o.B.
PER QUOTATION PURCHASES AUTHORIZED ONLY WHEN SIGNED ABOVE BY
SEPARATE ON INVOICE
THE FINANCE DIRECTOR OR HIS AUTHORIZED AGENT
ITEM NO.
DESCRIPTION OR ARTICLE
QUANTITY
ORDERED
UNIT
UNIT PRICE
AMOUNT
E
`
Advertising for Kenai Airport Open House
2,322.07 -
TOTAL
DEPARTMENT _
BY
DE RTMEN EAD
LAWS OF
ALASKA
}'
1989
AL A'
Source
Chapter No.
CCS SA 73
89
AN
ACT
Relating to
retirement incentive
programs for
the public
employees' retirement system
and the teachers'
retirement
system: and
providing for an
effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
THE ACT FOLLOWS ON PAGE 1, LINE 11
Approved by the Governor: June 2, 1989
Actual Effective Date: June 3, 1989
WHITE - VENDOR
GOLDENROD - ACCOUNTING
CANARY - ACCOUNTING
BLUE - SHIPPING & RECEIVING
GREEN - APPROVED COPY
PINK - REQUISITIONER
L J
TO
PURCHASE ORDER
CITY OF KENAI
210 FIDALGO ST. PHONE 283.7538
KENAI, ALASKA 99611
VENDOR NO
Timothy J. Rogers
SHIP VIA:
10
5
H
I
P
T
THIS PURCHASE ORDER
NUMBER MUST APPEAR ON
ALL PACKAGES AND PAPERS
RELATING TO THIS PUR-
CHASE.
No. _
Dare 5/2/90
BY
CiNAMrc nIDLfTnO
DELIVERY DATE
PREPAY SHIPPING - CHARGE
F.O.B.
PER QUOTATION PURCHASES AUTHORIZED ONLY WHEN SIGNED ABOVE BY
SEPARATE ON INVOICE
THE FINANCE DIRECTOR OR HIS AUTHORIZED AGENT
ITEM NO.
Y DESCRIPTION OR ARTICLE
QUANTITY
ORDERED
UNIT
UN IT PRICE
AMOAMOUNT
REimbursement for costs to travel to
Juneau and return to attend close of
the Legislative Session:
Airfare
484.00
Per Diem
5
days
$30.00
150.010
Hotel (Westmark/government rate)
6
nights
69.00
414.00
Cab Fare
30.00
1
TOTAL
1, 078 ,. 0 (
001.12.4533
10
r1
17
13
14
15
16
17
18
19
20
21
22
23 ,
2411
25
26
27
28
29
Chapter 89
section. The designation may include only representatives from job class-
ifications whose inclusion contributes to the overall cost savings.
(c) A member is eligible to participate in the retirement incentive
program only if the member is vested, is employed in a position in a des-
ignated organizational unit, and will be qualified to retire under AS 14.-
25.110 or AS 39.35.370 after receipt of the retirement incentive. To
participate, a member shall apply on a form provided by the administrator.
(d) A participating employer shall prepare and file the retirement
incentive plan with the administrator. For state employees other than
university employees, the administrator may approve a designated orga-
nizational unit only if the office of management and budget certifies that
the unit's participation in the plan meets the requirements of (b) of this
section. The administrator shall approve the plan if it meets the require-
ments of this section. The plan must
(1) identify organizational units and employees eligible to
participate in the program;
(2) include a reimbursement agreement that
(A) requires the employer, for each employee who is retired
under the plan, to reimburse the system within three years after the
end of the fiscal year in which the employee is appointed to retire-
ment in an amount equal to
(i) the actuarial equivalent of the difference between
the benefits the participant receives after the addition of the
retirement incentive under this section and the amount the par-
ticipant would have received without the incentive, less the
amount the participant has paid on the indebtedness determined
under (e) or (f) of this section; and
(ii) an appropriate share of the administrative coats
of the program; and
CCS SB 73 -2-
a
5
6
6
9
10
I
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
Ch;tpter 89
(B) provides that contributions from the employer under
this section take priority over other obligations of the employer to
the maximum extent permitted by law.
(e) A member of the teachers' retirement system who participates in
the retirement incentive program is indebted to the system. The amount of
indebtedness is equal to 21 percent of the member's actual compensation for
the school year, or the calculated school year compensation for a member
who works less than the entire school year, for the school year in which
the member terminates employment to participate in the program. An out-
standing indebtedness at the time a participant is appointed to retirement
will require an actuarial adjustment to the benefits payable.
(f) A member of the public employees' retirement system who partici-
pates in the retirement incentive program is indebted to the system. The
amount of indebtedness is equal to 22-112 percent for a peace officer or
fireman, and 20-1/4 percent for other members, of the member's actual
annual compensation, or the calculated annual compensation for a member who
works fewer than 12 months, for the year in which the member terminates
employment to participate in the program. An outstanding indebtedness at
the time a participant is appointed to retirement will require an actuarial
adjustment to the benefits payable.
(g) A participant in the retirement incentive program receives a
credit of three years. The three years must be applied in the following
order until exhausted:
(1) to meet the age or service required for eligibility for
normal retirement under AS 14.25.110 or AS 39.35.370, as appropriate;
(2) to meet the age required for early retirement under AS 14.-
25.110 or AS 39.35.370, as appropriate;
(3) to reduce the actuarial adjustment required for early re-
tirement under AS 14.25.110 or AS 39.35.370, as appropriate;
-3- CCS SB 73
PA]MENIS OVER S1.000 VHICH NEED COUNCIL APPROVAL OR RATIFICATION
..LAi 2, 1990
FOR RATIFICATION:
VENDOR
DESCRIPTION
DEPARTMENT
ACCOUNT
AMOUNT
RISC.
ttttttttttr�ttt.r.e:tr.r.tt-::�tttttt-�:-t�,����-ttatt-�ttttttt�tt=r.�tt�ttt;et,.tttttatttttttttttate:t�ttttr:::;:�ttttttt�a:teat,t.�r:tit:tt�t:�_.._....___......__�t�r:�tt��
KENAI PENINSULA BOROUGH
1ST QRTR SALES TAX
VARIOUS
SALES TAX
11.786.27
AL„SKAN FEDERAL CREDIT UNION
APRIL CREDIT UNION W/H
VARIOUS
LIABILITY
14.308.00
HOMER ELECTRIC
ELECTRICITY USAGE
VARIOUS
UTILITIES
2.825.02
NATIONAL BANK OF ALASKA
APRIL FEDERAL W/H
VARIOUS
LIABILITY
38,891.87
APRIL MEDICARE
VARIOUS
LIABILITY
2,072.54
STATE OF ALASKA
1ST QRTR ESC
VARIOUS
ESC
7,416.40
BLUE CROSS
RAY MEDICAL INS.
VARIOUS
HEALTH INSURANCE
28,325.41
ICMA RETIREMENT CORP.
DEFERRED COMP.
VARIOUS
LIABILITY
13,$35.00
401 PLAN
VARIOUS
SUPPL. RETIREMENT
10,367.80
STATE OF ALASKA
APRIL GARNISHMENTS
VARIOUS
LIABILITY
11100.00
NATIONAL BANK OF ALASKA
T-BILL 4/19190
CENTRAL TREASURY
CENTRAL TREASURY
2,629,511.19
8.573% INT.
FOR APPROVAL:
.r:���-�^tta':t:�t::�}tt��tttttta:�tr.t�ttettr.�tt�r:�:tttett�ttttte�*tettt-et�tttttttttttttt.tt�ttr.�tt�t.e:��ett�te�-ettatete+.:etettttet�-enter.a�-tta�tr.����aat�.ta;::t::t
VENDOR
DESCRIPTION
DEPARTMENT
ACCOUNT
AMOUNT
MISC.
...._.._..________..:._.._........__ettt:tttttttttt:�trtt=ett,t::tttt+:e�•tttttettttttttttttttttttt:ett::tttttt:t:tttt�tttettttttttettttttttttttt�-::ttttr.ttttttttt::rt::t:tt
HONEYWELL
CHECK & REPAIR CONTROLS
BUILDINGS
REPAIR & MAINTENANCE
3,376.48
P.O. 21745
AT PUBLIC SAFETY BUILDING
INIERNATIONAL E-Z UP
10 X 20 SHELTER FOR OUTDOOR EVENTS
RECREATION
OPERATING SUPPLIES
1,051.72
P.O. 22447
1
2
3
4'
5
6
7
8
9
10
11
12
13
14
15
16
17
fI=11
19
20
21
22
23,
74
25
26
27
28
29
Chapter 89
appointed to retirement on or before August 1, 1990.
* Sec. 6. AUTHORIZATION FOR RETIREMENT INCENTIVE FOR OTHER EMPLOYEES IN
THE TEACHERS' RETIREMENT SYSTEM. (a) An employer under the teachers'
retirement system who is not otherwise covered by secs. 3 or 5 of this Act
is authorized to adopt a retirement incentive plan for its employees under
sec. 2 of this Act. A plan adopted under this section shall permit des-
ignated employees to apply to the retirement incentive program under sec. 2
of this Act only from June 30, 1989, through December 31, 1989,
(b) Under a plan adopted under this section, the administrator may
not accept the application of an employee unless the employee will be
appointed to retirement on or before August 1, 1990.
* Sec. 7. POLITICAL SUBDIVISION OR PUBLIC ORGANIZATION EMPLOYMENT.
Notwithstanding other provisions of law, a vested member who is a state
employee and is participating in the retirement incentive program may
receive credit for employment with a political subdivision or public orga-
nization before the political subdivision or organization became an em-
ployer under the system for purposes of determining eligibility for retire-
ment under AS 14.25.110 or AS 39.35.370, as appropriate. The member may
not receive credit for those years under this subsection for purposes of
determining benefits. In order for a state employee to receive credit
under this subsection, the employee's participation in the program must
contribute to the overall cost savings of the agency.
* Sec. 8. RECOVERY OF EMPLOYER DELINQUENCIES. To recover a delinquency
owed by an employer other than state fate under an agreement entered under
sec. 2(d)(2) of this Act, the Department of Administration may
(1) bring an action against the employer; or
(2) direct that the amount of the delinquency or a lesser amount
be withheld from any money payable to the employer by a state department or
agency and that the amount withheld be credited to the delinquency.
CCS SB 73 -6-
8
9
to
tt
12
13
14
15
16
17
is
19
20
21
22
23
20
25
26
27
28
29
Chapter 89
* Sec. 9. REEMPLOYMENT INDEBTEDNESS AND REEMPLOYMENT PROHIBITION. (a)
If a participant in the retirement incentive program is reemployed as a
member of the public employees' retirement system under AS 39.35 or the
teachers' retirement system under AS 14.25 after appointment to retirement
under the program, the participant loses the incentivc credit r—( ived
under sec. 2(g) of this Act and is indebted to the system. The p-ount of
the indebtedness is equal to 110 percent of the amount the participant
received as a result of participation in the program to which the partici-
pant was not otherwise entitled, including the cost of health in�,Irnnce.
The participant is entitled to a credit to be applied against the reemploy-
ment indebtedness in the amount the participant has paid under sec. 2(e) or
(f) of this Act. Interest accrues on the indebtedness at the rare estab-
lished by regulation from the date of reemployment until the member is ap-
pointed to retirement and accepts an actuarial adjustment to the member's
future benefits or until the amount is paid in full.
(b) For one year after the date on which an employee who participated
in the program retired, the participant may not be employed by or enter
into a contract for personal services with a state department or agency
other than a personal services contract with the Universiry of Alaska.
This subsection does not prohibit the university from entering into a
personal services contract with an employee who has participated in the
program during the year immediately following the employee's retirement.
* Sec. 10. OFFICE OF MANAGEMENT AND BUDGET. When designating an orga-
nizational unit for participation in the retirement incentive program, the
executive head of a state agency shall describe in detail the expected
effect of the program on the agency's personal services cost and operation.
This report shall be filed with the office of management and budget. For
each employee who will receive credit for employment under sec. 7 of this
Act, the agency head shall establish to the satisfaction of the office that
-7- CCS SB 73
IN WITNESS WHEREOF, the City and the Authority have
respectively signed this Agreement and caused their seals to be
affixed and attested as of the day and year first above written.
CITY OF KENAI
By: Wm. J. Brighton
Its: City Manager
SEAL
ATTEST:
Janet Ruotsala, City Clerk
COOK INLET HOUSING AUTHORITY
By:
Its:
SEAL
ATTEST:
By:
Its: Secretary -Treasurer
PAGE 5 OF' FIVE PAGES CITY:
AUTHORITY:
—� "^-::• S : -_ ti-'.rac`r�y'��_?�iLs'81K•th�k"''�,,�' +-L4iiG�. -���- '/ ;:-+"'.. � �-lii:c .s.�u:a - L`-y `--='L]A_
+ A^�endad: 3J22,'SO 6-1631E
Oftar6a: 1/17/90
Referred: Finance
Origintl aponfor(s)i $EN. MCM , faiks, Sdyaanski, Halford, StLrTale�fiki,
Kelly, Rcdey: RIP, Zavacki
1 IN THE SENATE BY THE STATE AFFAIRS M NIT'TEE
2 CS FOR SENATE BIL►. NO. 343 (State Affairs) an H
3 IN THE LECISLATURE 01' THE STATE OF Ai.ASKA
4 SIXTEENIM LEGISLATURE - SECOND SESSION
S A BILL
3 For an Act entitled: "An Act relating to the retirereent incentive progran;
7 and providing for an effective date."
8 BE IT ENACTED BY THE LEGISLATU&E OF THE STATE CF AL?.SKA :
9 * Section 1. Section 2(b), eh. 89, SLA 19$9, is amended to read:
10 (b) The or$anizaticnal units of a plan must be selected so that
11 implementation of the plan resu._s in maximum savings to the employer
12 in personal services costs within five [THREE] years after the com-
13 Mencament of the plan. A pls.n that result® in savingo in personal
14 services costa in any amount that is ieL excess of all costs to the
15 employer qualifies under this section. The designation may inelude
16 only representatives from job classifications whose inclusion cantrib-
17 utes to the overall cost savings.
18 * sec. 2. Section 2(d), ch. 89, SLk 1999, is amanded to read:
19 (d) A rarticipatir,3 employer shall preparA and MA tho re-
20 tirement incentive plat, with the administrator, For stato amployaos
21 other than iniversity e;t�ployees, rha, administrator May approve a
22 designated or&znizational unit only if the office .z ranagoma►nt and
23 Budget certi'ias that thu init'a particiaaticn in r.ht plan meets the
21; reauirmmants of 1b) of this Section. The adml,jszra,.,v shall appro•te
25 the ping 1f it mtet* th-F Of thi y :s.s,:Cl :n. "_:let plan i,tust
26 (1) identify Co
27 p-mc_,:i;,ztu itl :he progran;
Z$ �2) i:tei�Cly .. :a.Q:S,.__c�at'S1C ap,2'!•e'!!:t `}"yC
29 +1 . c,',1tiraD the C:tploytr,
Accordingly, it is understood that the Housing
Authority will make only one Payment in Lieu of
Taxes annually and that such payment shall satisfy
the Housing Authority's obligations under both
Agreements. No payment for any year shall be made
which exceeds the amount of real property taxes
which would have been paid to the Taxing Bodies if
the Project were not exempt from taxation.
If, during the term of this Agreement, title to a
piece of property included in the Project is
transferred to a private person, said Property shall
no longer be covered by this Agreement.
(d) Upon failure of the Authority to make any Payment
in Lieu of Taxes, no lien against any Project or
assets of the Authority shall attach, nor shall any
interest or penalties accrue or attach on account
thereof.
4. During the period commencing with the date of the
acquisition of any part of the site or sites of any
Project and continuing so long as either (i) such Project
is owned by a public body or governmental agency and is
used for low -rent housing purposes, or (ii) any contract
between the Authority and the Government for loans or
annual contributions, or both, in connection with such
Project remains in force and effect, (iii) any bonds
issued in connection with such Project or any monies due
to the Government in connection with such Project remain
unpaid, whichever period is the longest, the City,
without cost or charge to the Authority or the tenants
of such Project (other than the Payments in Lieu of
Taxes), shall:
(a) Furnish or cause to be furnished to the Authority
and the tenants of such Project public services and
facilities of the same character and to the same
extent as are furnished from time to time without
cost or charge to other dwellings and inhabitants
in the City;
(b) Cooperate with the Authority by such other lawful
action or ways as the City and the Authority may
find necessary in connection with the development
and administration of such Project.
5. If by reason of the City's failure or refusal to furnish
or cause to be furnished any public services or
PAGE 3 OF' FIVE PAGES CITY:
AUTHORITY:
•�, i-�r't? Q3 :!0 is LL'=. r-'r.,'��-+Lim._ - _i_i, ii_1'7,,
r
1 (1) February 1. 1991, for employees of the division of
2 elections who ware &!nployed by the division of elections on oM before
3 February 1,,.-1990;
4 ,(21 November 1, 1990, for all other enplryeea.
5 Sec. S. Section 4, ch. 899 SLA 1989, is amended to read:
6 Sec. 4. A.UTHORIZATIO:i FOX RETIREMENT INCENTIVE FCR OTHER EMPLOY-
7 EES IN THE PUBLIC EMPLOYEES' SYSTEM. (a) The governing body of a
8 political subdivision of the state ar a public organization that has
9 elected to participate in the public employees' retirement system
10 under AS 39.35.550 - 39,35.650 is auth.cri2ed to adopt a retirement
11 incentive plan for its employees under sec. 2 of this Act. A plan
12 adapted under this section shall permit designated employees to apply
13 to tha retirement incentive program under sec. 2 of this Act from
14 September 30, 1989. through March 31, 1991 (1990]
15 (b) Under a plan adopted under this aecticn, the administrator
16 may not necapt the application cf an emplryae unlaao the employee will
17 be appointed to retirement on or before Novambar 1, 1991 [1990].
18 * Sec. 6. Section 9(a), ch. 89, SLA 1989, is amen.dad to read:
19 (a) If a participant in the retirement incentive program is
20 reemployed as a member of the public employees' retirement system
21 under AS 39.35 or the tatchers' retirement srgtam under AS 14.25 after
22 appointment to retirement under the pro&rem. the participant 'loses the
23 incentive credit received under sac. V z) of this Act and ig induibred
24 to the sys+ten. Ths amount of the ir.dabt&dna„a iD equal to 1.1C ^3resnt
23 Cf :he amount the participant reCe2-Md ra a ;e,�•.jlt f :,21rt?cipation in
Ir
26 the "roLr.* i,ht :1 thi psr_i._i,ant was not c•ttN-wisc, ntit_ed, zc►-
27 CILld1r the :+_;t of ::ealtl- _'.18UT4t%Ci. The
p _. c;,r.r. lS ?i1CiC1C.1 ro
43 �. .:rt;:L !'D UA ap;�__c... '!^�3i15t r s the
j
o5U31�C
-3-
: SSL �'43(Sit) s:% A
COOPERATION AGREEMENT
THIS AGREEMENT, made this day of ,
19 , by and between COOK INLET HOUSING AUTHORITY (hereinafter
called'the "Authority") and the CITY OF KENAI (hereinafter called
the "City") .
WITNESSETH:
In consideration of the mutual covenants hereinafter set
forth, the parties hereto do agree as follows:
1. Whenever used in this Agreement:
(a) The term "Project" shall mean any low -rent housing
hereinafter developed or acquired by the Authority
with financial assistance of the United States of
America acting through the Secretary of Housing and
Urban Development (herein called the "Government");
excluding any low -rent housing project covered by
any contract for loans and annual contributions
entered into between the Authority and the
Government, or its predecessor agencies, prior to
the date of this Agreement;
(b) The term "Taxing Body" shall mean the State or any
political subdivision or taxing unit thereof in
which a Project is situated and which would have
authority to assess or levy real or personal
property taxes or to certify such taxes to a taxing
body or public officer to be levied for its use and
benefit with respect to a Project if it were not
exempt from taxation;
(c) The term "Shelter Rent" shall mean the total of all
charges to all tenants of a Project for dwelling
rents and non -dwelling rents (excluding all other
income of such Project), less the cost to the
Authority of all dwelling and non -dwelling
utilities;
2. The Authority shall endeavor to secure a contract or
contracts with the Government for loans and annual
contributions covering one or more Projects consisting
of approximately thirty (30) units, which may include
existing units. The Authority shall plan, develop, or
acquire and administer the Project or Projects, which
PAGE 1 OF' FIVE PAGES CITY:
AUTHORITY:
0_ )
Return the white copy
of pages 1 and 2 to:
Alaska Department of Commerce
and Economic Development
Division of Occupational Licensing
P.O. Box D•LIC
Juneau, AK M11.08W
Retain yellow copy for
your records
Games of Chance and Contests of Skill
PERMIT APPLICATION
AS 05.15.020 and 15 AAC 105.100(a)
Please read the instructions before completing this application
All sections of the application must be completed
1990
i. NAME OF ORGANIZATION
S. ESTIMATED 1990 GROSS RECEIPTS
(DjAR ka-1w N na'&U6
b"T14ouc- l kur-k
Mailing Addresd
8A. RENEWAL APPLICATION
/
Most Recent Year
Permit Number: Issued:
City, State, Zip Code
Attach the following required Items:
❑ Current Alaska membership list (must have at least 25 members)
n a /
VS 6 9aal❑
Copy of amendments to articles of incorporation and bylaws, if
2. TYPE OF ORGANIZATION
3. TYPES OF GAMES. List by com•
any; Include copy of amendment/certificate of
Check one box. For definitions
mon name if other than those
incorporation/reinstatement.
see AS 05.15.210 and 15 AAC
listed. See AS 05.15.210 and 105.110:
105.010.460.
105.160.
60. NEW APPLICATION
Number of years organization has been In existence in Alaska:
❑ a. Charitable
❑ a. Bingo NOTE: Bingo games
❑ b. Civic or Service
must not be held more
Attach the following:
❑ c. Dog Mushers' Association
than 9 occasions In a
calendar month with no
❑ Current Alaska membership list (must have at least 25 members)
• d. Educational
more than 35 games per
❑ Certified true copy of articles or incorporation, and
❑ e. Fishing Derby Association
/ session or series of games.
copy of bylaws and national and state charters
7 f. Fraternal
GY b. Raffles & Lotteries
❑ Copy of IRS certificate or letter or tax exemption issued
r l g. Labor
❑ c. Pull Tabs
to nonprofit organizations, it applicable
h. Municipality
❑ d. Ice Classics
❑ Documentation showing organization has been in
❑ f. Nonprofit Trade
❑ e. Dog Mushers' Contests
existence in Alaska three years or more (e g. bank statements,
correspondence to the organization, receipts
Association
❑ f. Fish Derbies
for services rendered or supplied, etc.)
0 J. Outboard Motor
❑ g. Rain Classics
Name and Mailing Address of National Organization (if applicable):
Association
❑ h. Mercury Classics
❑ k. Police or Fire Department
❑ 1. Goose Classic
and Company
❑ J. Salmon Classic
RECEIPTS 00
❑ I..Political
❑ k. Contests of Skill
7A. ACTUAL 1989 GROSS S
Or
78. FEE Check the appropriate box and enclose the correct amount.
❑ M. Religious
❑ 1. Marksmanship
❑ n. Veterans
Rifle, Archery or Pistol
❑ 2. Races
❑ 3. Track Field Events
If gross receipts from all Then the
1989 ming activities were: Permit Fee Is:
4. ORGANIZED AS:
t�Corporatlon
and
L $O.$19,999; or if you are a New Applicant $20,00
❑ Public ❑ Private
❑ S20,Of)D-599,999..................................... $50.00
❑ Partnership
❑ Association
❑ $100,000 or more ................................... $100.00
S. LOCAL OFFICERS (must be current, bona fide members In good standing)
NAME
TITLE
SOCIAL SECURITY NO DAYTIME TELEPHONE NO.
f�
L i tv-b t,, IJ
Pe. CS I 1--)E f`_j r
5 3 8 - 4. 8 --65 g 5 `7 -2 - 8 37 "S"
ivY« Ris.s
&q tsH ADOIJJ
10</-21 q - 926E o283- q5'..6
FOR DEPARTMENT OF COMMERCE AND ECONOMIC DEVELOPMENT USE ONLY Date of Receipt Stamp
Permit Number.
Date of Issue:
Quarterly Reports Filed ❑ 1
Financial Statement: U Yes
1% Fee U Yes ❑ No
❑ 2 ❑ 3 ❑ 4
❑ No ❑ New
08.4039 (Revised 11189)
NOTICE. GAMING ACTIVITIES MAY NOT SE CONDUCTED UNTIL THE PERMIT IS ISSUED,
(1)
(C) INSOFAR AS THE CITY MAY LAWFULLY DO SO, (I) GRANT
SUCH DEVIATION FROM THE BUILDING CODE AS ARE
REASONABLE AND NECESSARY TO PROMOTE ECONOMY AND
EFFICIENCY IN THE DEVELOPMENT AND ADMINISTRATION OF
SUCH PROJECT, AND AT THE SAME TIME, SAFEGUARD
HEALTH AND SECURITY; AND (II) MAKE SUCH CHANGES IN
ANY ZONING OF THE SITE AND SURROUNDING TERRITORY OF
SUCH PROJECT AS ARE REASONABLE AND NECESSARY FOR
THE DEVELOPMENT AND PROTECTION OF SUCH PROJECT AND
SURROUNDING TERRITORY;
(D) ACCEPT GRANTS OF EASEMENTS NECESSARY FOR THE
DEVELOPMENT OF SUCH PROJECT; AND]
[5. IN RESPECT TO ANY PROJECT, THE CITY FURTHER AGREES THAT
WITHIN A REASONABLE TIME AFTER RECEIPT OF A WRITTEN
:REQUEST THEREFOR FROM THE AUTHORITY THAT IT WILL PERFORM
TO THE EXTENT THAT IT HAS THE LEGAL AUTHORITY TO DO SO,
'THE FOLLOWING:
IT WILL ACCEPT THE DEDICATION OF ALL INTERIOR
STREETS, ROADS, ALLEYS, AND ADJACENT SIDEWALKS
WITHIN THE AREA OF SUCH PROJECT, TOGETHER WITH
ALL STORM AND SANITARY SEWER MAINS IN SUCH
DEDICATED AREAS, AFTER THE AUTHORITY OR ITS
DEVELOPER HAS COMPLETED THE GRADING,
IMPROVEMENTS, PAVING AND INSTALLATION THEREOF,
IN ACCORDANCE WITH SPECIFICATIONS ACCEPTABLE
TO THE CITY;]
[11. `.THE AUTHORITY RECOGNIZES THAT WITHIN THE KENAI PENINSULA
BOROUGH, A SECOND-CLASS BOROUGH, ARE FIRST-CLASS CITIES -
NAMELY KENAI, SOLDOTNA, SEWARD, HOMER, AND SELDOVIA AND
SECOND-CLASS CITIES - NAMELY KACHEMAK CITY. THE
AUTHORITY RECOGNIZES THAT IT WILL, IN ADDITION TO THIS
COOPERATION AGREEMENT, ENTER INTO SEPARATE COOPERATION
AGREEMENTS WITH ANY OF THE ABOVE -MENTIONED LOCAL
GOVERNING BODIES AS NECESSARY. THE AUTHORITY SHALL GIVE
TIMELY NOTICE TO THE KENAI BOROUGH WHEN IT ENTERS INTO
ANY SEPARATE COOPERATION AGREEMENT WITH ANY OF THE ABOVE
LOCAL GOVERNING BODIES. THE AUTHORITY AGREES THAT IT
WILL SOLICIT OPINIONS ON PROPOSED PROJECTS FROM RELEVANT
COMMUNITY GROUPS WHERE THERE IS NO LOCAL GOVERNING BODY.]
In Section 3 (c) , the following sentence was added at the request of
the City in order to clarify the Agreement.
-2-
Q
037, i KENAI PENINSULA BOROUGH
d
144 N. BINKLEY • SOLDOTNA. ALASKA 99669
PHONE (907) 262-4441
April 10, 1990
Bill Brighton, City Manager
210 Fidalgo Street
Kenai, Alaska 99611
Dear Bill:
2ow2.
DON GILMAN
MAYOR
Last month several people from the Emergency Management Institute (EMI) located in
Emmitsburg, Maryland were on the Kenai Peninsula. The purpose of their trip was to gather
information and to give a briefing to various agencies and municipalities on an upcoming
Integrated Emergency Management Course (IEMC), which is scheduled to be held at the Soldotna
High School July 17, 18 and 19. A similar course is scheduled for Anchorage on July 10, 11
` and 12. The purpose of this letter is to announce those scheduled dates, convey some course data
and request your city's participation at this course. I anticipate that approximately 75 people
will participate in this exercise.
The following positions are suggested for attendance from the City of Kenai:
City Manager
Police Chief or representative
Fire Chief or representative
Port of Kenai representative
Airport Manager or representative
EMS representative
Public Works Director or representative
Dispatcher
If you have any questions or comments please don't hesitate to contact myself or Bob
Heavilin, Emergency Management Coordinator.
Sincerely,
40—
Don Gilman, Mayor
DG/nb
Enclosures
Cook Inlet ,�a�- 3�a
45
Housing Authority V
tiI,9 670 West Fireweed Lane • Anchorage, Alaska 9c
N QAvp
v
April 8, 1990
Mr. Bill Brighton, City Manager
City of Kenai
210 Fidalgo
` Kenai, AK 99611
Subject; Cooperation Agreement
Dear Mr. Brighton:
On behalf of Cook Inlet Housing Authority I want to express my
appreciation for the support you have shown during the
development. of the Cooperation Agreement that will allow Cook
Inlet Housing Authority to submit an application for a Mutual
..Help Homeownership Opportunity Program to the U.S. Department of
! Housing and Urban Development, 'for their approval, for the
acquisition of these homes within the City of Kenai. I
understand that there are still some questions concerning this
program and that this issue will be on the Agenda for the- April
18, 1990, City Council Meeting. I will be there and look forward
to answering any questions that arise at that time.
Cook Inlet Housing Authority feels that this Mutual Help
Homeownership Opportunity Program is one that will fit very well
Into the City of Kenai and will serve to enhance the community in
many different ways.. Most importantly this program. allows
families, who may never have the.opportunity other than through
this program, to obtain homeownership.
If I may be of assistance prior to that meeting in addressing any
questions or concerns you may have on this program, please feel
free to contact me at Cook Inlet Housing Authority. My telephone
number is 276-8822. Thanks again for your support.
Sincerely,
COOK INLET HOUSING AUTHORITY
Thomas W. Harris
Executive Director
CC: file
I' ecleral Emergency IVManageiricia Agency
The Honorable Frank H.
United States Senate
Washington, D.C. 20510
Washington, D.C. 20472
Murkowski
OCT 2 6 1989
Dear Senator Murkowski: This is a follow-up to my letter of August 16, 1989, regarding the delivery of
an Integrated Emergency Management Course (IEMC) for the Kenai Peninsula Borough.
In your letter of jJyjy 26_,,_1,981, you had requested the Superintendent, Emergency
Management Institute (EiII) to reconsider the Borough's request for an IEMC during
Fiscal Year 1990.
In the interim since my letter, the Superintendent has looked at various options
for identifying resources required to deliver the IEMC to satisfy the critical
needs of Kenai and related areas in Alaska. We strongly concur with your
assessment of tiie value of such training for an area that is particularly
vulnerable to technological disaster as well as natural disasters such as
earthquakes.
Superintendent Cuchbinder,has informed me that in response to your request, the
EMI is negotiating with Mr. Ervin Martin, Director of the Alaska Division of
Emergency Services, to conduct two IDIC's in Alaska; one for Kenai and one for
Anchorage. Anchorage had previously indicated an interest in an IEMC, which is
being revisited at this time.
Our intent is to conduct IEMC's "back-to-back" for the two communities. this
- —will—be contingent upon the willingness and ability of the two c0lllillurl l tie- to
commit their personnel to training during the period which we have available.
The training will pose some unique and difficult logistical, planning, and
resource problems, but the Institute feels it would make good dollar sense to
commit resources to helping two communities with the "back-to-back" training,
given the distance and expense required for a single IEMC.
We appreciate your interest in the training programs offered by the Emergency
Management Institute, and your personal support for continuation of student
stipends at the Institute. We agree that this is an opportunity to identify and
develop a program that is tailored toward the uniqueness of Alaska. It is
through these types of new programs that we learn and are better ab e o prove e
assistance to other communities.
O/
UNITED STATES DEPARTMEI
National Oceanic and Atmosp, J
.•' National Marine Fisheries
-- /
+""'a� 222 W. 7th Avenue, #43
April 23, 1990 Anchorage, Alaska 99513-7 1
Don M. Kohler
Chief, Permit Processing Section
U.S. Army Engineer District, Alaska
Pouch 898
Anchorage, Alaska 99506
Attn: Mr. Richard C. Borsetti
Dear Mr. Kohler:
Re: 4-900108
Kenai River 255
Reference J_G made to your letter dated April 3, 1990. regarding an
application from the City of Kenai, proposing to discharge 3,000
cubic yards of sand and gravel into wetlands to construct 500
linear ft of road 60 ft wide.
National Marine Fisheries Service and U.S. Fish and Wildlife
Service biologists inspected the site for the proposed road
expansion on April 19, 1990. We believe the described construction
activities could have an adverse impact on the wetland resources.
However, these resources can be adequately protected provided the
permittee adheres to the standard conditions of the Corps of
Engineers permit and the following stipulations:
1. That the wetlands cross -drainage shall be maintained and
equalized through the installation and proper placement of
culverts along the road fill to assure adequate waterflow and
avoid adverse effects on the natural drainage pattern.
2. That the contractor shall prohibit encroachment of
construction vehicles into adjacent wetlands beyond the
immediate construction zone.
The National. Marine Fisheries Service review and comment on this
permit application do not constitute the full public interest
review or cumulative impacts assessment required of the Corps of
Engineers. We are, however, willing to assist you with those
living marine resource issues identified during the public interest
review process.
Thank you for the opportunity to comment.
S' rely
411V�'9
l Dr_ ris
iPtrotec
e n Alaska Office Supervisor
''e Resources Management
NMFS Contact Person: Barbara A. Mahoney
cc: ADF&G, DEC, DGC, EPA, USF&WS - Anchorage
Applicant
cZ_ - 0V3
H - as
Federal Emergency Management Agency Emergency Management Institute
INTEGRA TED EMERGENCY MA NA GEMENT CO URSE
A learning experience in how to manage emergencies
*- r
KENAI CITY COUNCIL
APRIL 18, 1990
PAGE 29
b. The airport terminal panes were broken on
delivery, the egress from the bar to the first
floor.
C. Councilwoman Swarner. The letter to Rep.
Swackhammer and other legislators regarding water
& sewer (distributed this date). Was there any
discussion regarding the well improvements? Mr.
Kornelis replied no. Councilwoman Swarner. I
discussed it with Tom Wright and Rep. Swackhammer.
They said there was something said. Mr. Kornelis.
Water & sewer to Thompson Pk. and sewer treatment
plant modifications is all. Councilwoman Swarner.
I will talk to Juneau.
Mayor Williams. Public Works -Director Kornelis
and I have talked regarding doing some kind of
test well regarding aquifers. I asked about
costs. That was just for testing, not
improvements.
I-7 Airport Manager
None
ADDED ITEM:
Mayor Williams asked Council if they wanted to support
the request from Seward regarding the Field Biologist
position, distributed this date.
Council took no action.
J. DISCUSSION
J-1 Citizens
None
J-2 Council
a. Councilwoman Swarner. Wednesday & Thursday I will
be in Juneau for the AML Legislative Committee. I
will do lobbying for projects regarding municipal
assistance and revenue sharing.
b. Mayor Williams. I apologize to councilmembers for
being abrupt. There was much to discuss and the
hour is late.
K. ADJOURNMENT
Meeting adjourned at 12:45 A.M.
Janet Ruotsala, CMC/AAE
City Clerk
PLANNING AND PREPAREDNESS
Highlights of
The Integrated
Emergency Management Course
ORIENTATION
Participants are assigned to one of three groups —
policy, coordination, or operations —and given
specific jobs based on the positions they hold in their
own jurisdictions.
Community data, basis for the unfolding emer-
gency scenario, are introduced.
The upcoming emergency exercise and exercise
facilities (equipped with closed-circuit telephones
and televisions, radios, lighted map boards and
charts) are explained.
The policy group (including such personnel as elected
officials and executive staff, chief of police, emergency
program manager and director of public works) meets to
develop a public policy statement that answers questions
such as:
• Who declares a state of local emergency?
• What authority does a declaration of emer-
gency give policymakers?
• How will information be communicated to the
public?
• Can private property be commandeered during
an emergency?
The coordination group (including such personnel as
deputy fire chief, hospital administrator, and superinten-
dent of schools) uses the public policy statement to develop
a comprehensive emergency management plan. This plan
deals with such issues as:
• What resources are available during
emergencies?
• How can resources be coordinated to meet local
needs during an emergency?
• What kinds of agreements must be made among
various resource groups prior to emergencies?
The operations group (including ENIS and fire per-
sonnel and Red Cross representatives) develops stand-
ard operating procedures, based on the operations
plan. These address such problems as:
• What is the chain of command within individual
disciplines?
• How can individual disciplines coordinate to
ensure efficient handling of any event during an
emergency?
• How should information flow between and
within individual organizations and disciplines?
Between group sessions, lectures and discussions
on various topics in emergency management provide
useful background material.
EXERCISE
During the exercise, the three groups face a variety
of emergencies. Individuals and groups function as
part of a team to respond to the situation.
Policies, plans and procedures —as well as partici-
pant skills and abilities —are put to the test to manage
the emergency response effectively.
CRITIQUE
Following the exercise, a critique session allows
participants to decide how well they functioned
during the emergency.
Individual insights gained during the exercise are
reviewed and reinforced.
APPROACH TAKEN DURING THE COURSE
A combination of classroom lectures and discus-
sions, small -group planning sessions, and practical
exercises will expose participants to new ideas and
increase their awareness. For the emergency exercise,
each participant is assigned a role similar to his/her
real -life position. The course is designed to help indi-
viduals and communities identify potential deficien-
cies in emergency plans and/or staff knowledge and
skills so that these weaknesses can be corrected prior
to an actual emergency.
COURSE CONTENT
The classroom portion of the course covers
material from all areas of emergency management.
This is incorporated into policies, plans, and pro-
cedures developed during the planning sessions.
These plans are tested during the exercise.
WHO SHOULD ATTEND THE COURSE
The Integrated Emergency Management Course is
designed for management personnel from:
° fire service ° the military
° law enforcement ° government
° public works ° volunteer organi-
° emergency medical zations
° civil defense ° business
• industry
Mid -level management, supervisory, and oper-
ational personnel from these disciplines also benefit
from the experience.
COURSE OBJECTIVE
The course can aid in building both the awareness
and skills needed to develop and implement policies,
plans, and procedures to protect life and property
in the event of natural and man-made emergencies.
n
COURSE TOPICS
Topics discussed during the Integrated Emergency
Management Course include:
° Public Policy
Perspectives
° Media Relations
° The Federal Role
° The State Role
° Military Support to
Civil Authority
° Legal Considerations
° Emergency Evacu-
ations
° Emergency Program
Management
° Emergency Medical
Care
° Fire Service
° Law Enforcement
° Public Works
° Community Support
Services
° Stress Management
INSTRUCTORS AND MATERIALS
Each topic in the course is presented by an expert
with experience in emergency management. In ad-
dition, you receive a comprehensive course manual
to keep as a reference source.
INTEGRATED EMERGENCY MANAGEMENT
COURSE OPTIONS
The IEMC courses can be broken out into two
major categories; hazard specific such as the
Hazardous Materials and Earthquake courses, and
community specific. However, certain elements are
common to all of the IEMC offerings. Every IEMC
uses a combination of lecture presentations, group
meetings and realistic simulation exercises to
demonstrate the Integrated Emergency Management
Systems (IEMS) concept to the participant. To
further demonstrate this the students in each class
represent all of the agencies and levels of manage-
ment who would be involved in a local government's
response to a disaster or major emergency. These
include elected officials, the fire service, law enforce-
ment, emergency med ical services, volunteer agencies,
public works and utilities. This configuration gives
the IEMC participant a unique understanding of the
roles, resources, and functions of community agen-
cies in working together in emergency situations.
`�.
IEMC-RESPONSE
This course focuses on an all hazards approach to
local emergency management and is offered to stu-
dents from all over the United States. During the
exercise the participants work together to respond to
problems including fires, weather emergencies, and
hazardous materials incidents where the students
demonstrate their skills in resource management and
setting priorities in a stressful environment.
IEMC-COMMUNI'TX SPECIFIC
While basically the same as the response course, in
this version of the IEMC all of the participants are
from the same community and the exercise portions
of the course take place in that community using
their plans and resources. This is of great assistance in
reviewing established plans and procedures to
develop and improve their emergency management
systems. More than 50 communities have partici-
pated in this program including Atlanta, Georgia;
Baltimore, Maryland; Indianapolis, Indiana; Los
Angeles, California; Philadelphia, Pennsylvania;
and Seattle, Washington. Requests for this program
should be made by the chief elected or appointed
official to the Superintendent, Emergency Manage-
ment Institute, Emmitsburg, MD 21727 VIA the appropri-
ate FEMA Regional Office.
IEMC-HAZARDOUS MATERIALS
The IEMC Hazardous Materials course focuses
on the particular problems associated with re-
sponding to a major Haz-Mat incident. Specialized
topics covered in the lecture portions of the course
include Identification and Packaging of Hazardous
Materials, Outside Assistance, Protective Equip-
ment, Medical Response and Evacuations. This
course is offered to students from all over the United States
and to requesting communities.
IEMC-EARTHQUAKE
This course is designed to meet the needs of stu-
dents from earthquake prone areas of the United
States. Specialized topic areas in this course include
Earthquake Geology, Earthquake Effects on
Structures and Utility Systems, Hazard Identification
and Mitigation, and Mass Casualty and Mass Care
Contingencies. In addition to the emergency re-
sponse exercise, students in the IEMC-Earthquake
also participate in a short-term recovery exercise
where they become involved in the types of decision
making which will lead to rebuilding their com-
munity after a major earthquake. As with the
Hazardous Materials course, the IEMC-Earthquake
is offered both to students from across the United
States and to requesting communities.
IEMC-NATIONAL SECURITY
Beginning in 1989 a State IEMC focusing on
problems associated with a national security crisis will
be offered primarily for State personnel. Civil -
military relationships and. interagency coordination
in a major crisis will be emphasized in this offering.
FACILITIES
The National Emergency Training Center (NETC)
is located near Emmitsburg, MD., 10 miles south of
Gettysburg, PA. 'The NETC offers full instructional
and residential facilities for the course.
APPLICATION PROCEDURES
Further information is available from your State
director of emergency preparedness or FEMA
regional office, or from the NETC Admissions Office,
16825 South Seton Avenue, Emmitsburg, MD. 21727,
(30 l) 447-1179.
t
Participant Comments on The
Integrated Emergency Management Course
• A COUNTYAIANAGER
'Effective management requires teamwork, communications, and working relationships that'cut up,
down, and across' organizational and departmental boundaries ...................... 1 highly
recommend that............ local officials take part in this kind of FEMA disaster simulation."
• A DEPUTY FIRE CHIEF
"I found the course ........... most informative and practical, something to bring back [home]
to update and maintain a disaster plan."
• A POLICI7 CHIEF
"This program was well put together .......... The staff did an outstanding job.......... Their
collective knowledge is priceless."
• A DISTRICT MEDICAL EXAMINER
"The course was of great value to me in better understanding the roles of my local planners. The
method used was particularly effective."
• A RIILITARYSUPPORT OFFICER
"The varied levels of government and varied duties of participants allowed for in-depth analysis and
debate of subject areas. [Time] well spent."
• A UTILITIES DIRECTOR
"I would have to say the Emergency Management Course is undoubtedly the most informative and
professional seminar I have ever attended."
Y
Ii'ederal Emergency Mallagenicia Agcllcy
The Honorable Frank H.
United States Senate
Washington, D.C. 20510
Dear Senator Murkowski
Washington, D.C. 20472
Murkowski
OCT 2 6 1989
This is a follow-up to my letter of August 16, 1989, regarding the delivery of -
an Integrated Emergency Management Course (IEMC) for the Kenai Peninsula Borough.
In your letter of lJuq]IX 26_, 981, you had requested the Superintendent, Emergency
Management Institu e (EMI) to reconsider the Borough's request for an IEMC during
Fiscal Year 1990.
In the interim since my letter, the Superintendent has looked at various options
for identifying resources required to deliver the IEMC to satisfy the critical
needs of Kenai and related areas in Alaska. We strongly concur with your
assessment of th'e value of such training for an area that is particularly
vulnerable to technological disaster as well as natural disasters such as
earthquakes.
Superintendent Buchbinder,has informed me that in response to your request, the
EMI is negotiating with Mr. Ervin Martin, Director of the Alaska Division of
Emergency Services, to conduct two IEMC's in Alaska; one for Kenai and one for
Anchorage. Anchorage had previously indicated an interest in an IEMC, which is
being revisited at this time.,`
Our intent is to conduct IEMC's "back-to-back" for the two cormnunities. This
cLnti agent upon the wi 11 i ngness and abi 1 i ty of the two connnun i t i es to
commit their personnel to training during the period which we have available.
The training will pose some unique and difficult logistical, planning, and
resource problems, but the Institute feels it would make good dollar sense to
commit resources to helping two. communi ties with the "back-to-back" training,
given the distance and expense required for a single IEMC.
We appreciate your interest in the training programs offered by the Emergency
Management Institute, and your personal support for continuation of student
stipends at the Institute. We agree that this is an opportunity to identify and
develop a program that i.s tailored toward the uniqueness of Alaska. It is
through these types of new programs that we learn and are better able to provide
assistance to at:lter conmunities.
2
*olbotna Police Department row
238 U Ulffson Aut.
*olbotna- Matka 99669
VnIttr V. %onmer
Q hitf of Volirt
March 29, 1990
Kenai Police Department
Chief of Police
107 S. Willow St.
Kenai, Alaska 99611
Subject- Police Liability Training Workshop
Dear
The Soldotna and Kenai Police Departments, in conjunction with the
Alaska Municipal League, are sponsoring a two day Police Liability
Training workshop to be held in the Soldotna City Council Chambers
on May 7th and 8th, 1990. This training will be conducted by the
Institute -forte abi-iity Management of Washington, D.C. The course
presenter is Bill Westfall, a former Alaska State Trooper and
current Assistant Director of the Institute. I've enclosed a copy
of Bill's professional biography for your perusal, along with a
brief synopsis of the course outline and objectives. The course
is designed to handle a maximum of 50 students.
Chief Ross and I invite you to send one or more supervisors to this
training workshop. There will be no tuition or registration costs.
Your only expenses will be travel and per diem. Since the course
has a maximum size, we will give space reservations on a first come
first served basis, not later than April 27, 1990. Please call
Becky Horton at 262-4455 to make your reservations. If you need
assistance with hotel reservations let us know when you call and
we'll help get them made.
The request for APSC Certification for this course been submitted
and Jack Wray indicated that he sees no reason for not approving
it.
We look forward to seeing you or members of your department at the
workshop on Monday, Play 7, 1990.
Sin ely, (a� t�•-.-
( 9l a4...
Walt B nne (d1 �bRs� `
(G7 Ds+e Her.. Sck� w,.1Cr
Chief f Police
SECTION'III
SUMMARY AND OVERVIEW
OF
PROPOSED SERVICES
A. OBJECTIVE
The Inst:it.ute for Liability Management's objective is to provide
liability management training to police agencies, risk managers, and
law enforcement supervisors who are presently served by the Alaska
Municipal League Joint Insurance Association, Inc. and to those agencies
who are :perspective members of the Association in order to better
prepare those agencies and individuals to manage existing liability,
therefore reducing current risks and potential losses, while
simultaneously becoming more professional law enforcement agencies.
B. PROPOSAL
The Institute for Liability Management will conduct two, two-day
seminars in locations selected by the Association for police managers,
police supervisors, risk managers and public officials that will deal
with a variety of liability issues in law enforcement. The training
will address current issues related to Alaska law enforcement that are
potential exposures for the member cities .and the Association.
Practices and accepted standards of care will be discussed to include
simple and direct methods of implementation.
C. PROPOSED TRAINING PROGRAMS
The Institute for Liability Management would propose the following
training program:
o Police Supervisory Responsibility and Liability Management
This is a two-day seminar for first line supervisors that will
assist the attendee to better understand the basis for present
day police lawsuits and their role in minimizing their
agency's exposure.
There will be an emphasis on managing liability as
administrators and supervisors. Those in attendance will
review the history of civil litigation in the public sector
to include -plaintiff's strategy in the courtroom and at
(deposition.
Proven strategies developed by the Institute will be discussed
by those in attendance to include ways to implement those
:strategies within their own agencies regardless of
(departmental size.
0
:.. - SECTION IV"
DETAILED DESCRIPTION OF RECOMMENDED
LIABILITY MANAGEMENT TRAINING
The Institute For LiabilityManagementprovides a variety of training
programs directed toward public service agencies. The following
represents a detailed description of the specific training program that.
is recommended for the Alaska Municipal League Joint Insurance!
Association, Inc.
Title of Seminar: Police Supervisory Responsibility and
Liability Management
Length of Seminar: Two Days
Target Audience: First Line Supervisors of Law Enforcement
Agencies
overview of Course:
The purpose of this seminar is to properly define the role of the police:
supervisor within today's society and provide an understanding that they
are the link between management, policy makers and law enforcement.
officers and deputies. Once that role has been defined, the:
participants will discuss the development of civil suits as a legal
theory for influencing police practices. They will be sensitized to the
litigious society in which they function and how they can take the
offensive as supervisors to reduce their and their agency's potential
liability. The participants will discuss the need for policy and what.
their roles as supervisors require in relation to their agency's
regulations and directives.
Key Topics:
o The supervisor's role as communicator, trainer, quality
control inspector, risk manager and enforcer of policy and.
procedures
o Sgt. Maynard Jones: Super Sergeant? or What we pay for?
o The relationship of policy and procedures to executives and
supervisors
o The supervisor as policymaker, phases in policy development,
types of policy and definitions of policy
o The overview of liability, civil rights violations
o Civil Rights Act of 1871, sections 1983, 1985, 1986, and the
Civil Rights Attorney's Fees Award Act, section 1988
10
4-
0 The supervisor as a professional and the issue of malpractice:::
o Causes of actions against supervisors
o Elements of a- tort, direct negligence, indirect negligence,.
the principle 'of foreseeability, the responsibility of "knew
or should have known"
o The role of policy and administrative guidance
o The.- major issues of wrongful death, excessive force,
unauthorized weapons, hostage and barricaded suspects, pursuit.
driving and high-speed chases, off duty employment, off duty
weapons, reserve officers, problem officers
o 'Liability in action: case studies of video tapes of high-speed
chases
o Field and critical incident management
o The three principles: control, contain, communicate
o S.A.C. Triangle: scene control, administrative and criminal
considerations
o You be the judge: A group exercise
o Quality circle, a liability management program for supervisors
o Liability as a positive force
o The critical tasks and policies review matrix
o Action steps for supervisors: personal improvement:,
professional improvement
Faculty:
Bill Westfall, Assistant Director of the Institute for Liability
Management:
11
1791-19f �L
CITY OF K
„Od G'dyatal 4 4iad-"„
210 FIDALGO KENAI, ALASKA 99611
TELEPHONE 283 - 7535
FAX 907-283-3014
April 30, 1990
TO: Council
FROM: Janet Ruotsala
City Clerk
i
RE: OEKOS
At the April 23 work session, you requested I find out what
actions the Borough is taking on contributing to the OEKOS
organization.
I contacted the Borough Clerk this date. She said action on
this .item has been postponed to the May 15 Borough meeting.
I will put this on the agenda for the May 16 Council
meeting.
jr
—i
Introduced by: Atkinson $ Superman
Date: April 17, 199G
Vote:
Action:
4-17-90, Postponed to 5-15-90
KENAI PENINSULA BOROUGH
RESOLUTION 90-36
TRANSFERRING MONIES FROM THE ASSEMBLY CONTINGENCY ACCOUNT TO AS-
SEMBLY DUES AND SUBSCRIPTIONS FOR ALASKA CENTER FOR THE ENVIRON-
MENT (A.C.E.) AND PUBLIC AWARENESS COMMITTEE FOR THE ENVIRONMENT
(P.A.C.E.) MEMBERSHIPS
WHEREAS, the need to protect our environment is increasing;
and
WHEREAS, it is the assembly's duty to contribute to environ-
mental protection; and
WHEREAS, currently the assembly expends no monies to support
environmental advocacy organizations; and
WHEREAS, the assembly has, in the current fiscal year's
budget, expended $5,451 of borough tax monies for membership in
the Resource Development Council, a pro -development oranization;
and
WHEREAS, the assembly has, in the current fiscal year's
budget, allotted $4,500 of borough tax monies for membership in
the Kenai Peninsula Caucus, a pro -development organization; and
WHEREAS, it is inequitable that the assembly contributes to
two pro -development organizations but to no pro -environment or-
ganizations; and
WHEREAS, A.C.E. and P.A.C.E. are actively engaged in
protecting the environment from degradation that industrial
development may cause; and
WHEREAS, the Kenai Peninsula 3orough is involved in waste
control and land use control, and A.C.E. and P.A.C.E., being _'n-
volved in t;.e same pursuits, could aid the :�orough in such pur-
suits;
NOW THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KENAI
PENINSULA BOROUGH:
Sect ion 1. That $3,000 is transferred from account number
100-111010--49999 Assembly Contingency to account number 100-
111010-43920 Assembly Dues and Subscriptions to provide for
Alaska Center for the Environment membership.
Kenai Peninsula Borouch
Res. 90-36
Page l of 2 Pages
Sectic,n 2. That $5,000 is transferred from account number
100-111010--49999 Assembly Contingency to Account Number 100-
111010-43920 Assembly Dues and Subscriptions to provide for
Pubic Awareness Committee for the Environment membership.
Section 3. That this resolution shall take effect im-
mediately upon its adoption.
ADOPTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH ON
THIS DAY OF , 1990.
ATTEST:
Borough Clerk
fames W. Skogstad, Assembly President
Kenai Peninsula Borough
Res. 90-36
Page 2 of 2 Pages
Introduced by: Brown.
Date: April 17, 1990
Action:
Vote:
KENAI PENINSULA BOROUGH
RESOLUTION 90-43
AUTHORIZING AN EXPENDITURE OF $2,000 FROM THE ASSEMBLY DUES AND
SUBSCRIPTIONS ACCOUNT FOR MEMBERSHIP IN OEKOS
WHEREAS, OEKOS has adopted its name from the ancient Greek
word for "everyone's house", and the common root for our modern
words "economy", "ecology", and "ecosystem"; and
WHEREAS, the purpose of OEKOS is to advance public awareness
of the urgent need to protect and promote the ocean economy; and
WHEREAS; OEKOS is a Kenai Peninsula based non-profit or-
canization that consists of an alliance of fisher men and women,
scientists, business persons, educators and consumers with nearly
1,000 members; and
WHEREAS; the ocean plays an integral part in the economy of
the Kenai_ Peninsula Borough;
NOW THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KENAI
PENINSULA BOROUGH:
Section 1. That $2,003 is authorized to be paid from Ac-
count No. 100-111010-43920 Assembly dues and subscriptions to
provide for OEKOS membership.
ect cn 2. That this resolution takes effect immediately
upon its adoption.
ADOPTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH ON
THIS _ DAY OF , 1990.
fames W. Skogstad, Assembly President
ATTEST:
Boroagh Clerk
TO DO LIST
APRIL 16, 1990
BUDGET WORK SESSION
1. S. Carter - Find model of Ames Bridge for Bicentennial.
2. S. Carter - Check on request for donation from API for
Bicentennial.
3. C. Brown.- Check on Kenai Caucus and Resource
Development Council dues for 1990-91.
4. K. Kornelis - For Sept. meeting, proposal for pilot
project for driveway plowing.
5. K. Kornelis - Check on prices for water tank and sander
truck.
6. K. Kornelis - Analyze manpower situation closer.
7. J. Ruotsala - Schedule next budget work session,
4-23-90.
C:--o
..:Z:: / 1J I — 4;Z .
KENAI PENINSULA BOROUGH
REGULAR ASSEMBLY MEETING
April 17, 1990; 7:30 P.M.
Ln Borough Administration Building
,?yQ,�'M :,,: Soldotna, Alaska
A G E N D A
One TO ORDER r,
PLEDGE OF 'ALLEGIANCE i
C. INVOCATION: Rev. Jim Pierson, Christ Lutheran
:.Church, Soldotna
D ROLL CALL r fx
E. VACANCY, DESIGNATION OR SEATING OF ASSEMBLYMEMBERS
F. APPROVAL OF MINUTES: April 3, 1990
G. COMMITTEE REPORTS #
,,(a) Finance (Chm. Sewall, Vice Chm. Nash,
Glick, O'Connell, Keene)
(b) Legislative (Chm. Crawford, O'Connell, Glick,
Mullen)
(c) Local Affairs/Lands (Chm. Brown, Vice Chm.
Crawford, Moock, Mullen, Poindexter, Super-
man)
(d) Public Works/Ed (Chm. McLane, Vice Chm. Moock
Atkinson, Hodgins, Superman, Walli)
H. REPORTS OF COMMISSIONS AND COUNCILS
I. MOTIONS TO RECONSIDER
(a) Ord. 90-23 "Amending Chapter 10.04 of the
Borough Code to Provide Non -Commercial Free
Public Use Solid Waste Disposal Facilities in
First Class and Home Rule Cities and at
Heavily Used Seasonal Locations and for
Receiving Stations for Oil and Household
Chemicals" (Glick,"Brown, Superman, Nash)
Defeated as Amended 4/3/90 w/NOR Hodgins
J. AGENDA APPROVAL AND CONSENT AGENDA
(a) Res. 90-40 "Authorizing the Mayor to Award a
Contract for the Susan B. English Gym Floor
Replacement Project" (Mayor)
(b) gas, 90-42 "Awarding a Contract for the Sel-
dovia Oil Spill Team Spring Beach Cleanup"
(Mayor)
K. ORDINANCE HEARINGS
(a) Ord. 90-11 "Authorizing the Lease of Five
Acres at the Kenai Landfill Site for Use a a
Privately -Operated Solid Waste Transfer Site"
(Mayor) POSTPONED 4-3-90
(b) Ord. 40-ZZ "Amending Chapter 2.06 Concerning
Selection and Retention of the Borough Clerk
and Clarifying Duties" (Policies 5 Procedures
Committee)
L. INTRODUCTION OF ORDINANCES
(a) Ord. 90-28 "Providing for Non-Areawide Promo-
tion of the Kenai Peninsula Borough as a Des-
tination for Tourism" (McLane)
(b) Ord, 90-30 "Appropriating Funds for the Con-
struction of the CT -Scan Addition to the
Central Peninsula General Hospital" (Mayor)
(c) Ord, 90-31 "Delegating Authority from the
Kenai Peninsula Borough to the City of Kenai
to Make Land Use Plan Amendments to the Kenai
Comprehensive Plan" (Mayor)
M. CONSIDERATION OF RESOLUTIONS
(a) Res. 90-36 "Transferring Monies from the As-
sembly Contingency Account to Assembly Dues
and Subscriptions for Alaska Center for the
Environment (ACE) and Public Awareness Com-
mittee for the Environment (PACE) Member-
ships" (Atkinson/Superman)
(b) Res. 90-38 "Recognizing the 20th Anniversary
of Earth Day on April 22 and Encouraging the
Citizens of the Borough to Do Their Part in
Preventing Further Degredation of the Earth
and to Attend the Earth Day Activities
Planned in Their Communities" (Skogstad)
(c) Res. 90-39 "Supporting the Inclusion of Lan-
guage in Pending Legislation That Would Re-
quire Double Bottoms and Hulls in Oil
Tankers" (Legislative Affairs Cmte.)
(d) Res. 90-41 Adopting the Report of the Solid
Waste Committee of the Kenai Peninsula
Borough Assembly and Supporting Its Findings
As Recommendations to the Administration for
Inclusion in the Borough Solid Waste Program"
(Solid Waste Cmte.)
`_
(e) Res. 90-43 "Authorizing an Expenditure of
$2,000 from the Assembly Dues and Subscrip-
tions Account for Membership in OEKOS"
(Brown)
N. PENDING LEGISLATION
(This item lists legislation which will be ad-
dressed at a later time as noted)
(a) 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) TABLED
1/16/90
(b) Ord. 90-25 "Clarifying Election Procedures
and Designating Seats for the Kenai Peninsula
Borough School District Board" (Hodgins) Set
for 5/1 hearing
(c) Ord. 90-26 "Requiring the Kenai Peninsula
Borough to Purchase Recycled Paper"
(Superman, Atkinson) Set fdr 5/1 hearing
(d) Ord. 90-27 "Appropriating Funds for School
Purposes for Fiscal Year 1990-1991" (Mayor)
Introduction only. Set for May 1 hearing.
(e) Ord. 90-28 "Extending the Time Limit for Pur-
chase of Furniture and Equipment for Skyview
High School" (Mayor) Introduction only. Set
for May 1 hearing.
O. FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON SUB-
JECTS NOT ON THE MEETING AGENDA
(a) Kenai/Soldotna Chapter, Alaska visitor's
Association
(b) Larry Smith, Use of Pesticides in Cooper
Landing
P. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS
0. MAYOR'S REPORT
R. OTHER BUSINESS
S. ASSEMBLY AND MAYOR'S COMMENTS
T. INFORMATIONAL MATERIALS AND REPORTS- Investment Portfolio
U. NOTICE OF NEXT MEETING AND ADJOURNMENT (5/l/90)
TO DO LIST
APRIL 18, 1990
KENAI CITY COUNCIL
1. J. Ruotsala - Schedule work session with Planning &
Zoning regarding lands encroachment problem and Sungate
encroachment, 4-25-90, 8:00 PM.
2. K. Kornelis - Report at 4-23-90 work session - progress
on cleaning streets.
3. B. Brighton - Report at 4-23-90 work session - status
off lease cancellation, Fred Meyer.
4. J. Ruotsala - Request of ABC - 30 day extension for
Merit .Inn.
5. J. Ruotsala - Notify ABC - non -objection for Little
Ski-Mo.
6. R. Ernst - Make video of Airport Comm. training
session.
7. J. Ruotsala - Notify Linda Wetzel of Library Comm.
a.ppt .
8. J. Williams - Send letters to Air Force, CAP re/T-33.
9. B . Brighton - Submit Fred West request for land
purchase to Harbor Comm.
jr
11
zNr-o- y
TO DO LIST
APRIL 23, 1990
KENAI CITY COUNCIL WORK SESSION
1. J. Ruotsala - Check with Borough for action on OEKOS
and report to Council. Check on who they answer to,
get more information.
2. Airport Comm. - Review proposed 90-91 budget.
jr n
dY`
/ •. • • •• • • •. /• M? /
D10 .WINS : ► /alY�1; : ►
Name of Business Facilit
Physical Address
Phone No.
Contact
Big A1's
P.O. Box 649
262-4216
Alton Priest
Kasiloff, AK 99610
_
Bishop Creek
Mile 25 N. KenaiRd.
776-8216
Linda
Kenai, AK 99611
776-8514
Lauthridge
Blue Grouse
Mile 17.5 North id3.
283--4281
Richard Cooper
Kenai, AK 99611
283-4233
Budget Liquor
8363 Old Dairy Rd.
789-4251
Gary
Juneau, AK 99801
Fournier
D.J. Weelhouse
215 Fourth Avenue
224-5536
Doris Corcoran
Seward, AK 99664
D.J. New & Used Clothing
100 Trading Bay
283-5161
Debbie Taft
Nikiski, AK 99635
Decanter Inn
Mile 107 Sterling
262-5911
Terry Wall
Soldorna, AK 99669
262-5687
Deep Creek Resort
Mile 136.3 Sterling
567-3396
Glenn Dobbe
Ninilchik, AK
Douglas Spirit Shop
621 W. Willioughby
586-3660
Gary Fbrnier
Kasiloff, AK 99610
776-8837
Kiel
_
Dreamland Bowl
202 Fifth Avenue
224-3544
Kim Kowalski
Seward, AK 99664
Duck Inn
Mile 19.5 K-Beached Don
Kenai, AK 99611
PLEASE RETURN M :
Division of Occupational Licensing
Gmning Section
P.O. Box D-LIC
Juneau, AK 99811-0800
Attention: Kelcy Parsons, Licensing Examiner
THANK YOU!
a�• a• - v • •+• r 4
• • • a� • • s, r• •ia a
2 •
Na-re of Business /Facility
Physical Address
Phone No.
Contact
Eadies
3.5 Spur Hwy.
283-3089
Ethel He*de*-scn
Kenai, AK 99611
Five Star Grocery
2906 Arctic Blvd.
561-5518
Sonny Won
Anchorage, AK 99503
Fbrelands Bar
Mile 20 Kenai Spur
776-9907
Ron & Rose Kiel
Kasiloff, AK 99610
_
Great Northern Video
Nikiski Mall
776-8823
Wilma Heaq:�sm
Nikiski, AK 99635
Inlet View
Mile 135 Sterling
567-3337
Jerry Maddox
Ninilcrik, AK
_
Katmai Hotel
10800 Kenai Spur Rd
283-6101
Jim Singree
Kenai, AK 99611
_
Ke-nai Joe' s
801 Conic
283-5637
Dale Casey
Kenai, AK 99611
Knik Bar
Mile 13.5 Knik W.
376-9918
Sally Welch
Wasilla, AK 99667
Larry's Club
12656 Spur Rd.
283-9935
Dave
Nikiski, AK 99635
Liquor Mart
621 Willoaghby Ave
586-3660
Cary Rxu-nier
Juneau, AK 99801
_
Little. Ski-cc's
Spur Hwy.
283-4463
IRm Yarja.-wrto
Kenai, AK 99611
Longraere Liquor
Mile 88.5 Sterling
262-1068
John Cho
Soldotna, AK 99669
Maverick Club
44698 Sterling Hay
262-7979
Janet
Soldotna, • AK 99669
PLEASE RF, [ TO:
Division of occupational Licensing
Gaming Section
P.O. Box D-LIC
Juneau, AK 99811-08000
Attention: Kelcy Parscr.?s, Licensing Examiner
YOU!
A
-A
� • • •fir • • • /• •1i L �
.1 r249 121 81' • L
I,bme of Business /Facility
Physical Address
Phone No.
Contact
Moose Pass Inn
Mile 30 Seward Byw.
288-3110
Linda Sherrill
Moose Pass,AK 99631
New Seward Saigon
217 Fifth Avenue -
224-3095
Brad Snowden
Seward, AK 99664
Sue
_
Nightwatch
Mile 96 Sterling W
262-7020
Mickie Copeland
Soldotna, AK 99669
Rusty Jory
Forth Bar
Mile 132 Sterling
561-3442
Darly
Ninilchik, AK 99639
Pa--kers
36185 Kenai Spur R3
262-4670
Tack Lee
Soldotna, AK 99669
_
Pipeline Club
136 Egan Drive
835-4332
Bill Lee
Valdez, AK 99686
The Pit Bar
Mile 3.5 Seward Hwy
224-3006
Dennis
Seward, AK 99664
Kowalski
Pizza Nicks
565 E. Picneer
235-6921
Nick Bairamis
Honer, AK 99603
_
The Place Motel & Bar
Mile 18 North Rd.
283-9915
John Young
Kenai, AK 99611
Ray's Y7aterfnon.t
Small Boat Harbor
224-5606
Ray Simutis
Seward, AK 99664
Rnbinson's Mini Mart
50535KalfonskiBeach
283-9384
George
Kenai, AK 99669
Division of Occupational Licensing
Gaming Section
P.O. Box D-LIC
Juneau, AK 99811-0800
Attention: Kelcy Parsons, Licensing Examiner
ZHUqC YOU!
•. • •ate • • • �• •rs ..
IOU", 1.1024
Nwrke of Business_ Facilit
Physical Address
Phone No.
[bntact
Short Stop Grocery
34770 K-Beach Rd.
262-5112
Fbsa.nn
Soldotna, AK 99669
Short Stop Mkt & Liquor
Mile 1.6 Nash Fi3.
223-8775
Connie
Seward, AK 99664
Soldotna Inn V
35041 Spur Hwy.
262-9169
Michael Sipes
Soldotna, AK 99669
Speedy Mart
Mile 26 112 Spur Hw
776-8283
Myron
Nikiski, AK 99635
Christianson
_
Valley Liquor
2696 Mendelhall
586-3660
Gary Fournier
Juneau, AK
Vaughane's Mini Mart
Mile 18.5 Mlfonski
262-4252
vaughan
Soldotna, AK 99669
_
V-'IV
1116 Kenai Spur W .
283-5446
*:ike Medcaff
Kenai, AK 99611
PLEASE RETURN TO:
Division of Occupational Licensing
Gaming Section
P.O. box D-LIC
Juneau, AK 99811-0800
Atte-ntion: Kelcy Parsons, Licensing Examiner
7rAN C YOU!
TO DO LIST
APRIL 25, 1990
KENAI CITY COUNCIL WORK SESSION
1. Planning & Zoning - Review proposed ordinance regarding
easements, vacations and encroachments.
J. Ruotsala - Submit to Council as info item for
review, then prepare ordinance for introduction to
Council.
jr .A
Can Cultural Tourism Draw More Visitors than Recreational Tourism?
Cultural tourism --sometimes called heritage tour-
ism —is gaining recognition as a way to create an eco-
nomic boom in communities.
The Advisory Council on Historic Preservation says
that cultural tourism is a growing trend in several states,
and that preservation groups believe it is even more ef-
fective than recreational tourism in attracting families
on vacation.
In its annual report to the President and Congress,
the council shows how states are using this approach:
• Illinois. "Heritage corridors" are being developed,
using natural and historic resources, to draw tourists.
The National Heritage Corridor, a 120-mile trail on
inland waterways from Chicago to LaSalle/Pem, has as
its key project the Gaylord Building in Lockport. Built in
1838 as a storehouse during construction of a canal, the
deteriorating building was restored through a public/
private effort in the 1980s and now serves as a tourist
center that attracts tourist dollars to the area.
• Washington. The town of Port Townsend is chan-
neling proceeds from the state's hotel room tax to the
Chamber of Commerce, which is doing regional adver-
tising on the community's Victorian -era buildings and
neighborhoods.
When coupled with rehabilitation of downtown fa-
cades and seismic stabilization, the efforts have boosted
tourism from 25,000 in 1983 to 70,000 in 1988.
• �r ',g. Seven cities and towns are jointly market-
ingtheAntebellum Trail, a tour that visits sites missed by
Sherman in his march to the sea.
The promotional budget comes from hotel room
taxes, with an Alabama/Georgia funding commission
offering seed money for preservation and marketing of
historic sites along both sides of the Chattahooche River
that divides the states.
• Pel}pUluWa. The Pennsylvania Downtown Center
in York offers seminars and education programs about
preservation and downtown improvements. It also dis-
tributes information about the Pennsylvania Film Bu-
reau and its search for sites for films and commercials,
and recommends that communities recognize the eco-
nomic potential in promoting those areas as possible
film locations.
• New York. The town of Corning has a 15-year
urban renewal plan of renovation and construction,
starting with restoration of the bridge linking downtown
with the historic Corning Glass Works.
Improvements in streets and facades, in part done
through CDBGs, and renovation of historic buildings
has reduced building vacancies from 18% to 3%.
Single copies of the annual report are free from the
council at: Office of Communications and Publications,
1100 Pennsylvania Ave NW., #809, Washington DC
20004.
Potential of Tourism to Rural, Regional Economies Advocated
(continued from p. 4)
dens in the park and catered picnics
for tour groups. Tourism flourishes
there now.
• Leavenworth, Washington.
Community leaders converted this
depressed railroad town into a moun-
tain setting resembling the Bavarian
Alps, using planning and zoning regu-
lations to control the "look" of new
and existing businesses. The town
now sponsors four seasonal festivals
and has achieved success.
A'Publiie/Private' Railroad
• North Carolina. When a railroad
spur running from Hillsboro to
Murphy was scheduled to be elimi-
nated, the governor bought the rail
line and leased it back to private en-
terprise.
This public/private venture has
produced the Great Smokey Moun-
April 1, 1990
tain Railroad, which takes tourists on
three routes through a scenic country-
side. And after carrying tourists by
day, the line carries freight at night for
extra income.
• Moab, Utah. When a decline in
the uranium industry wiped out 2,000
jobs, a small bicycle business opened
and began promoting mountain bik-
ing-
Moab is now a major center for
mountain biking, with a large network
of trails, including one that is 134
miles long. The river rafting business
is also booming, with over 30 com-
mercial firms.
Value of Leadership Stressed
A key element in virtually all these
success stories, according to one tour-
ism official, is leadership.
"It really doesn't matter what as-
sets you have if you don't have leader-
ship. The converse is that we've seen
towns with no really important assets,
but because they had leadership, they
made something out of what they
had"
While there was disagreement on
what the federal role in tourism
should be, the report suggested that
federal agencies are just becoming
aware of tourism's potential:
"Like the federal land manage-
ment agencies, [federal] agencies in-
volved in economic development are
really just beginning to recognize the
importance of travel and tourism as a
component of rural economic devel-
opment."
For more information on the
"Rural Tourism" report, contact:
Praful B. Shah, Vice President, ERA,
9321 Old Courthouse Road, #320,
Vienna VA 22182, (703) 893-1560.
Developments/5
EdRof S nOte With the approach of warm weather in leadership and imagination, and perhaps a stronger fed -
most parts of the country, people start thinking of vacs- eral role, use the nation's love of travel to revive stagnant
[ions and travel. Now come two reports that emphasize -economics; the other (see opposite page) tells how some
the economic development role that tourism and travel states are realizing that "cultural," or "heritage," tourism
can play in many communities. One (story below) points can be even more effective than recreational sites in
out how rural areas and small businesses can, with some attracting families on vacation.
Value of Federal Role Seen
Tourism Seen As Boost to Regional, Rural Economies
Tourism could provide a major
boost to some areas that are hurting
economically --rural areas, regional
economies and small businesses, a
new study asserts.
. Tourism and travel is the third
largest retail -service industry in the
United States, and is steadily growing,
the "National Policy Study on Rural
Tourism and Small Business Devel-
opment" points out.
In 1988, foreign and domestic trav-
elers spent over $313 billion for goods
and services, or 6.5% of the Gross
National Product. This generated
over SS million jobs and contributed
an estimated $36.6 billion in federal,
state and local tax revenues. Each
dollar spent on travel generated 22
cents in payroll income and 12 cents in
tax revenue, and each 557,000 spent
directly supported one job.
Further, says the study done by
Economics Research Associates for
the U.S. Travel and Tourism Admini-
stration (USTTA), the travel industry
and the economic development com-
munity are approaching tourism de-
velopment as a dynamic economic
system.
States Cite Tourism's Value
Indeed, all but two states have
tourism among its top five industries-
-with the majority ranking it second or
third. California, Florida and Nevada
put tourism Number 1; only Illinois
and Mississippi ranked it below fifth.
With all that potential in tourism,
the report concludes that "travel and
tourism could be an important tool for
rural economic revitalization, and it
should be an essential component of
the broader rural economic develop-
ment strategies."
The report also concludes that,
while many of the needs in tourism
development can be best addressed at
state and local levels, a federal policy
is needed to supplement those efforts.
The consensus of participants in
four regional conferences and a na-
tional policy conference was a need
for federal initiatives in four specific
areas:
Four Federal Roles Seen
* Establish "rural tourism devel-
opment zones," similar to urban en-
terprise zones. These zones could
provide a "critical mass" of attrac-
tions and support systems, provide an
incentive for investors to risk capital
in rural tourism ventures, and ensure
that sufficient services are developed
near tourism attractions.
* Establish a tourism demonstra-
tion program. A program would beset
up somewhere in rural America to
educate and motivate communities
and entrepreneurs to provide services
and facilities in wide-ranging areas.
The federal role could be matched by
the states.
* A national promotional cam-
paign. There is a precedent in the
promotional campaign conducted for
the nation's Bicentennial. This cam-
paign would be generic, perhaps un-
der the theme of "Rediscover Rural
America," and be directed toward
domestic, and possibly foreign, mar-
kets.
Individual states could conduct
companion campaigns which high-
light their regions and attractions,
similar to Tennessee's "Home Com-
ing„ campaign
* Establish a tourism development
action program, to prod development
of tourism campaigns at the commu-
nity level.
A good example is a Community
Tourism Action Program in Alberta,
Canada. It encourages and assists
communities in development plans,
and then provides funding for projects
whose plans are formally submitted.
European countries are doing similar
initiatives.
The federal initiative could again
be matched by the states, which
should also distribute any federal
funding assistance. USTTA could
provide technical assistance.
Successn In Tourism
To illustrate the potential of tour-
ism in economic revitalization, the
study cited several examples:
* Chisolm, Minnesota. When the
decline in iron ore production
crippled the economy of northwest-
ern Minnesota. a regional develop-
ment authority called the Iron Range
Resources and Rehabilitation Board
was set up.
Focusing on tourism as a means of
economic development, it expanded a
small cultural center near Chisohm
into Iron World USA, a 7-acre enter-
tainment complex with outdoor am-
phitheater, steam locomotive, ethnic
arts center and heritage museum. In
its fast year, it drew 1M,000 visitors,
who had a $7 million impact on the
area.
* Duncan, Tennessee. A resident
discovered some historic coke ovens
in the town and galvanized the resi-
dents into uncovering them and mak-
ing a park, plus a museum and out-
door theater --all with volunteer help.
Families adopted small flower gar-
(Continued on page 5)
4/Developments
April 1,1990
1791-1991
CITY OF KENAI
"Od CaP4:lai 4 4iad�„
210 FIDALGO KENAI, ALASKA 99611
TELEPHONE 283 - 7535
FAX 907-283-3014
MEMORANDUM
TO : Mayor Williams and Council Members
FROM : Janet Sumey
DATE : April 27, 1990
RE : Request by Council for Information Concerning Encroachments
Attached, in: chronological order, is material pertaining to the ordinance that
was generated by the Planning Commission in 1983 which would have required
surveying prior to the issuance of a building permit.
Also attached is a small portion of the material leading up to the present
attempt to solve some of the problem, the Encroachment Permit.
This same material will be passed on to the Planning Commission for their next
meeting.
a�� 7
CITY OF KENAI
P. O. BOX S30 KENAI, ALASKA 99611
TELEPHONE 283 - 7535
MEMORANDUM
TO: Kenai Advisory Planning & Zoning Commission
FROM: ;Jeff Labahn, Land Manager
SUBJECT: Building Encroachments
DATE: ;July 22, 1983
The city is occasionally requested to grant relief for the
improper location of buildings within the minimum yard setbacks
required by the Kenai Municipal District Zoning Code. The
frequency of such occurrences has increased during the past year
or so. Although the code provides for the enforcement and
penalties resulting from zoning violations (KPB 21.76.200), there
is no specific guidelines for evaluating building encroachments.
I suggest that the Commission consider adopting such guidelines,
which might discourage these errors from happening in the first
place.
Generally, the standards of the zoning code apply unless a
reference to building setbacks appear on the filed subdivision
plat. If such a reference is made, the stricter setback would
prevail. Since the zoning code is administered by the city and
the subdivision ordinance governing platting is administered by
the borough, the city's procedures should be integrated to and
compatible with borough review.
Most of the after -the -fact "variance" requests are submitted to
the city upon substantial completion of the improvement. The
petition for a variance is improper under these circumstances
since a violation has already been created.
The following procedure is submitted for your consideration:
1) Owner discovers building encroachment and desires to
eliminate the violation.
2) City provides petitioner with an application for which
requires:
a. submission of an as -built survey prepared by a
registered land surveyor
b. $100.00 filing fee to cover expenses for advertising
public hearing
C. letter stating reason for request
3) public hearing conducted by the Commission after
notification if vicinity property owners (3001.radius)
and general advertisement
4) Commission to evaluate the request, making a finding
whether the building encroachment adversely impacts adjacent
properties or the City of Kenai.
5) Adoption of a planning commission resolution s the
"approval" if no adverse impact is found to exist.
6) Planning Commission approval being subject to payment
of an established fine (e.g. $500.00) as a penalty for
the violation.
KENAI PLANNING & ZONING COMMISSION Page 10
., �i f � �. ; •fit .� . . t�,
NOT I"uN:
Commissioner Bryson moved to recommend that the entire tract
be included in the land proposed for rezoning to light
industrial in the airport area,•seconded by Commissioner
VOTE:
There were no objections
7. PLANNING
a. 9uildinq Encroachment
Jeff Labahn explained that the material presented was an
option to be considered and a springboard for any ideas.
Chairman Lewis stated that he was in favor of the option as
it "makes the encroaching party wish he had done it the
right way". Chairman Lewis asked Mr. Labahn if there was any
information available from other municipalities concerning
their enforcement, Mr. Labahn stated that the other cities
on the peninsula have no provisions for dealing with
encroachments. All the codes have some type of fine that
can be levied for zoning violations, however it does not
appear to he utilized.
Commissioner Osborne stated that "a fine is really nothing
if a ccntractor builds a building and he needs another 5' to
build that building, what is $500 for a fine". Councilman
Wise asked if there was a limit on fines, Jeff Labahn cited
the code as saying the limit is $300 per violation per day.
There are two ways to levy a fine, one would be to set a
flat rate or as stated. Councilman Wise asked if these
fines would be levied on existing encroachments, Mr. Labahn
stated that if something of this nature was enacted it would
cover any encroachments that would take place beyond the
date of the ordinance.
The question arose over eliminating the encroachment,
Commissioner Bryson asked if what the city was doing was
waivinj them rights on the huildinq itself as far as the
sethHrk, Mr. ! Ahahn stated that if they went ahead and
nrcept gad the encroachment, that would he correct.
KENAI PLANNING & ZONING COMMISSION Page 9
Regular Meeting, Auqust 10, 1983
». - .4„ t. ..r+nt'm o"Y +'y� �.,7 g•Y r r'��r�, r.Sw�4 f�'„�'S;;t„'�;n "yF�,+ 4.�! :++,p- .,.� :pry' Vr'4 v'".`f!°"'t� , t { rT K,;r+ a .�.'-, t � �..a .
.�'''q ,f.R ;. '�'�+ j � 4'�•`yx/r � �.'^^t� t.... .�t. �Q11n '. �� a ,.a .. 1' `-'n .,, ,, 1. '� � ..�
aokec��`om`sn�85:3oifsvn`t0- ct.3t`-i fv
regarding th ,;, td's.: %i. rr .iaji,pne;,' Br�;�,�>n statR.. that 1'wbcn-
resubmitted eliminate Columbia Street and Seacatch Dr.ive R.OW ..
that are shown so that botli lots 1 amended and 2, amended
will front oft :t he 'section line."
VOTE:
M o t i'o'n
Commissioner Bryson asked if this were platted and a 50'
section line easement were platted also, that Seacatch Drive
could be left as an easement subject to removal upon
relocation of that roadway presuming that the city would not
cut off' access to other processors in that area. Jeff
Labahn stated that that is the issue with two possibilities;
leaving an easement along Seacatch Drive until a road was
constructed to the north along that section line or lef� so
that Seacatch Drive would be a private street and es-
sentially it_would be the responsibility of a lessee of lot
1 or northward to continue the road on. Commissioner Bryson
asked i` the predecessors of Fisherman's Packing constructed
Seacatch Drive as a roadway, Jeff Labahn said yes.
Commissioner Bryson asked if there were any interested
panties; in lot 1, Mr.Labahn stated that there were none
formally, however he has been approached. The main reason
for proposing Seacatch Drive as a dedicated ROW to lot 1 and
property beyond that is the cost of building a road and
getting the permits. Last year the applicant for lot 1 had
a request in with the Corps of Engineers, however he closed
out his lease application before anything was ever approved.
Q. Rezoning Airport Lands lying within Sections 28,29,32,
& 33, T6N, R11W. S.M.
Jeff Labahn stated that additional material had not yet
arrived.. At the last meeting it was recommended that the
Borough consider rezoning of the property under proposed
lease by Bob Bielefeld, however the tower property was
inadvertently left out. By including these lots it will
make the entire strip a light industrial zone from the
corner to the end of the Bielefeld property.
CITY OF KENAI
od 62 ap� 4 4�a�
P. O. BOX 580 KENAI, ALASKA 9901
TELEPHONE 283 • 7535
MEMORANDUM
TO: Kenai Advisory Planning & Zoning Commission
FROM: eff Labahn, Land Manager
SUBJECT: Building Encroachments
DATE: August 24, 1983
It was the consensus of the Commission to consider an ordinance
which requires a building survey prior to the issuance of a
building permit. Administration also recommends a final as -built
survey to verify the actual location of the structure.
The following is proposed as an amendment to Kenai Municipal Code
Title 4 - Uniform Building Code:
4.05.C25 Application for Permit:
Section 302(b) of the Uniform Building Code as adopted by this
chapter is amended by adding the following: "The Building
Official shall require the preparation of a plot plan and
execution of a building survey to be accomplished by a
registered land surveyor. Said information shall be submitted
to the Building Official as part of the application for permit."
4.05.035 Inspections:
Section 305(e-5) of the Uniform Building Code as adopted by this
chapter is amended by adding the following: "The Building
Official shall require the submission of an as -built survey as
performed by a registered land surveyor prior to final
inspection".
C
11P+IFDRtf. gUI1:DiNC CODE
Chapters:
4.05 Uniform Building Code
4.06 Uniform`:Bui_ldinq Secucit.Y Code
4_.ld Uniform Code•for Abatement of
Dangerous Buildings
4.15
Uniform
Sign Code
4.20
Uniform
Mechanical Code
4.25
Uniform
Plumbing Code
4.30
National
Electrical Code
4.35 Trailer Placement
4.40 Board of Appeals
Chapter 4.05
UNIFORM BUILDING CODE
Sections:.
4.05.010
4.05.010
Adoption.
4.05.020
Building official.
4.05.030
Permit fees.
4.05.040
Exit facilities.
4.05.050
Snow load.
4.05.060
Mind pressure. (Repealed)
4.05.070
Foundation ventilation.
(Repealed)
4.05.080
Exits. (Repealed)
4.05.090
Energy conservation in
new building
construction.
4.05.100
Special hazards -Section
608
4.05.110
Special hazards -Section
708
4.05..120
Special hazards -Section
808
4.05.130
Special hazards -Section
1008
4.05.010 Adoption: There is hereby adopted for the purpose
of estab1i.3hinq rules and requlations for the construction,
alteration, rernovaI, demolition, equipment, use and occupancy,
4-1
(City of Kenai
Supp. 1121 - 4/4/83)
4.05.0"10-4.05.040
location, and maintenance of buildinqs and structures, including
perm i is ar:�_1 pen aIt.ies-;.:that cert`ai_n',buund'.volume. known as .the
"UniForm E'suiIdinq Cody.�,,�'>.T9.82:;14_d.i_tion_,, +of the` International
Conference of Building Officials, including the appendices,
except for such portions as are herein deleted, modified, or
amended, and the same is hereby adopted and incorporated as fully
as .if set out verbatim herein. (KC 4-1; Ords 97, 162, 269, 395,
542, 8 >9)
4.05.020 Buildinq Official: (a) The Building Official of
this City shall have the powers, duties, and functions prescribed
for the "Building Official" by the Uniform Building Code, adopted
by K14C 4.05.010 provided that the said powers, duties, and
functions may be performed by authorized representatives of the
Building Official and under his supervision and control.
(b) The City Administrator shall be ex officio building
official. unless he appoints another person to be Building
Official.. The authorized representatives of the Building
Official. referred to above, when and if appointed, shall be
appointed by the City Administrator. (KC 4-3; Ords 97, 162, 269,
395, 542)
4.05.030 Permit Fees: The first paragraph of Sec. 304(a)
of the Building Code adopted by this chapter is amended to read
as follows:
"Sec. 304(a) Buildinq Permit Fees. The fee for each
building permit shall be paid to the City as set forth
in Table No. 3-A of Section 303 of the 1976 Edition of
the Uniform Building Code, except that fees for new
construction of Group R-3 and Group M-1 occupancies, or
portions thereof as follows:
(1) Group R-3---------- $0.09 per square foot
of foundation area.
(2) Group 11-1---------- $0.04 per square foot
of foundation area."
(KC 4-5; Ords 97, 162, 269, 395, 542, 579)
4.05.040 Exit Facilities: Sec. 1204 of the Uniform Building
Code as adopted by this chapter is amended by deleting the last
sentence of the third paragraph and substituting the following:
"Where windows are provided as a means of escape or rescue they
shall have a finished sill height not more than 48 inches above
the floor." (Ords 395, 542, 555, 839)
4-2
(City of Kenai
Supp. #21 - 4/4/83)
KENAI PLANNING & ZONING COMMISSION
Special Meeting, August 31, 1983
Page 5
sets a time schedule and this will be incorporated into the
lease application.
MOTION:
Commissioner Bryson moved to recommend a modification of a
date of completion on the original lease application to
October 31, 1985, seconded by Commissioner Osborne.
VOTE:
Motion passed unanimously.
C. Discussion: Buildinq Encroachments
Commissioner Zubeck stated that he felt the proposal from
Mr. Labahn was the only way to end the encroachment problem
and would be of benefit to both the developer and owner of
the property, that it was money well spent.
Kim Hutien spoke on the subject stating that she is an
example of the mess that can be created if no survey is done
prior to building. She had purchased a house and property
and it, wasn't until she attempted to sell the property,
going through a bank which requires a survey that she found
the house to be sitting within a 25' setback. She would
have gladly paid for a survey had she been the builder of
the house and saved the mess she now has.
Jeff Labahn stated that the verbage of the memo was drawn up
by himself and the building inspector and they felt that
this was the best solution. An ordinance could be prepared
to go to Council for approval if the Commission approves.
MOTION:
Commissioner Smalley, seconded by Commissioner Osborne moved
to recommend this document in rough form be sent on to the
City Council and drafted in ordinance form.
VOTE:
Motion passed unanimously
6. NEW BUSINESS
a. Resolution PZ83-50, Elimination of Certain Minimum
Yard Requirements of KPB 21.76.070 C-3 for Lot 6,
13:[ock 4, Highlands 9/0
Jeff Labahn explained that there is an existinq building
that :s encroaching into the 25' setback tine. This was
Suggested by: Administration
CITY OF KENAI
ORDINANCE NO. 891-83
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA,
AMENDING KMC 4.05 BY ADDING SECTIONS REGARDING THE BUILDING
PERMIT APPLICATION AND FINAL INSPECTION REQUIREMENTS.
WHEREAS, there has been an increasing number of building en-
croachments resulting from the improper location of structures on
properties within the City of Kenai, and
WHEREAS, such encroachments impose difficulties for the property
owners and may adversely affect adjoining properties, and
WHEREAS, t:he City of Kenai has no means of monitoring the
placement of new construction on building lots, and
WHEREAS, Kenai Advisory Planning Commission desires to prevent
such encroachments from occuring in the first place, and
WHEREAS, tfie proposed requirements for a plot plan, building, and
as -built surveys are beneficial to the City as well as to the
individual property owners.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA, as follows:
Section 1: KMC 4.05.025 is added as follows:
�l_ication for Permit: Section 302(b) of the Uniform
Building Code as adopted by this chapter is amended by
adding the following:
"The Building Official shall require the preparation of
a plot plan and the execution of a building survey to
be accomplished by a registered land surveyor. Said
.information shall be submitted to the Building Official
as part of the application for permit."
1
CITY OF KENAI
kod eap 14 1 4 4 o f f
P. O. SOX 580 KENAI, ALASKA 99611
TELEPHONE 283 • 7535
MEMORANDUM
TO: Kenai Advisory Planning & Zoning Commission
FROM: eff Labahn, Land Manager
SUBJECT: Plot Plan & Survey Requirments for Building Permits
Ordinance 891-83
DATE: October 19, 1983
The Kenai.City Council considered the introduction of this
ordinance at their meeting of September 21, 1983. It was the
recommendation of Council to refer this matter back to the Kenai
Advisory Planning & Zoning Commission with comments to be
solicited from the Kenai Peninsula Homebuilders Association.
According to Jess. Hall, the Association has met once on the
matter and desires to meet one more time to discuss the ordinance
prior to the October 26th meeting of the Kenai Advisory Planning
& Zoning Commission.
No formal comments have been submitted to the City as of this
date.
JBL:jI
283-3708
October 26, 1983
Kenai Planning & Zaninq Advisory Commission
City of Kenai
P.O. box 580
Kenai, Alaska 99611
Attn: Lee Lewis, Chairman
Dear Commissioners:
This letter is in regard to your proposed amendments to the
Uniform Buildinq Code, Ordinance #891-83.
Upon re-Aewinq, researching, and careful consideration of your
proposed ordinance chanqe, the Board of Directors of the Kenai Peninsula
Hone Builders Association reconr-end that further action be considered
before changing this Ordinance.
Three factors which the Kenai Peninsula Hcme Builders Association
Board of Directors have taken into consideration are:
(1) Cost: Estimated costs from three local surveyors/engineers
showed an in=Er aced cost to the consumer of approximately $300 and
possibly more In many circumstances.
(2) Time Element: Having to rely cn the time table of the surveyor/
engineer, a starting time cn building construction could be delayed from
two days to two weeks or longer which again would place a hardship on not
wily the builder but also the consumer.
(3) Number. of Infractions: Out of 217 plus building permits
issued this year, by the City of Kenai, there have only been approximately
three to four, situations creating set -back encroachments which have gone
before the Planning & Zoning Commissican. In relaticnshib to the overall
permits issued, the Board of Directors of the Kenai Peninsula Home Builders
Association, feel this is a small number of infractions and to penalize
all builders and future consumers due to mistakes made by a few should be
unnecessary.
Based on our .review of the situation, the fact that hand drawn plot
plans are submitted with applications for building permits, and that
Howard Hackney, Kenai Building Inspector, does not endorse the proposed
ordinance change the Kenai Peninsula Hare Builders Association Board of
Directors propose the following alternative:
As is done in other parts of the country, where the Building
Insoectors have the authority, the Building Inspector shall
determine proper set -backs at the time of footing inspections.
The process for this determination can be made by visual
inspection and/or cooperation from the builder through use of
string :Lines or other acceptable aids, however final determina-
tion to be decided by the Building Inspector.
Our proposal is not intended to burden the Building Inspector but to
place responsibility with the builder and the inspector for proper
placements of construction dwellings. All builders should realize
their responsibility to the set -back requirements. A part of that
responsibility would be for builders to locate corner posts and ensure
correct placements of footings which could be easily checked by the
Building Inspector.
We appreciate the Commission considering our views cn this situation,
and hone that conTmunicaticn between the Kenai. Peninsula Hone Builders
Association and the Planning & Zoning Comlission will continue in
the future.
Sincerely,
n'-7
amen Grizzell, Jr.
President
Kenai Peninsula Hone Builders Assoc.
Jr,/le
CITY OF KENAI
'd 4 41
P. O. SOX S80 KENAI, AIASKA 99611
TELEPHONE 283 • 7535
MEMORANDUM
TO: Kenai Planning & Zoning Commission
FROM: Jeff Labahn, Land Manager
SUBJECT: Ordinance 891-83: Building Survey Requirements
DATE: January 20, 1984
It was the consensus of the Commission to proceed with amending
the proposed ordinance to accomplish the following:
1. Require an as -built survey at time of final inspection
to verify the existence of any building encroachments,
2. Establish a process for the Commission to review and
act upon requests in cases where a building violation
is discovered.
Two separate actions are necessary in order to implement these
changes. First, the Kenai Municipal Code needs to be revised to
include the as -built survey requirement. Substitute Ordinance
891-83 is attached as a suggested format for accomplishing this
change. Second, the Kenai Zoning Ordinance (Borough Code of
Ordinance) must be amended to provide a section for processing a
building encroachment violation. A copy of the proposed addition
to the Borough Code is attached for your review.
J B L : jl
KENAI PENINSULA
PO So. 175J • Kona. AY 9%11
283-3708
February 1, 1984
Honorable Mayor and Members of Council
P.O. Box 581)
Kenai, Alaska 996H
Dear Mr. Mayor and Members of Council:
This letter is written with regard to Ordinance No. 891-83 which requires an
asbuilt survey -to be presented, to the building inspector, at the time of final
f' inspection.
The Board of Directors, of the Kenai Peninsula Home Builders Association,
has no objection to the above requirement. However, all lending institutions
do not require an asbuilt survey and in these cases we ask that a letter, such
as the one ac_companing this letter, be allowed in lieu of an asbuilt survey.
Your consideration on this matter is appreciated.
Respectfully submitted,
Mark Passe, President
Kenai Peninsula Home Builders Association
M P/le
BOX 670 • KENAI. ALASKA 99611
PHONE 283-7503
A Subsidiary of Ticor Title]
The following is a sample copy of a letter given to builders of -
Farm Home properties.
RE: Lot 5, Block 3
Woodland Subd.
Dear Builder:
This letter is to inform you that I have inspected the above
lot and do not find any violation of setback lines or encroachments
of the dwell.i.ng onto any setback areas or recorded easements and
dedications.
By reason of the above I am waiving the requirement for an
As -Built Suvey and will issue the A.L.T.A. extended coverage
lender's policy insuring Farmers Home Administration against such
violations.
Sincerely,
ALASKA ,ITLE,GUA ANTY AGENCY, INC.
Chris J. Keller,
Vice -President
CK/vcw
CITY OF KENAI
P. O. BOX 580 KENAI, ALASKA 99611
TELEPHONE 283 • 7535
MEMORANDUM
TO: Kenai Planning & Zoning Commission
FROM: Jeff Labahn
SUBJECT: Ordinance 891-83 Substitute - Building Survey
Requirement
DATE: February 3, 1984
The Kenai {:ity Council, at their meeting of February 1st, amended
the referenced ordinance and approved the substitute as
recommended by the Commission.
The Council recommended that the Commission look at two aspects
of the ordinance:
1) A distinction between Commercial and Residential
improvements
2) A penalty that would be severe and specific to a building
encroachment violation
The Kenai Peninsula Homebuilders Association and Alaska Title
Guarantee Agency have submitted letters regarding the substitute
ordinance. It was suggested that in cases where the title
company does not require and as -built survey, that documentation
from the title company serve as sufficient evidence that no
encroachment: does exist.
J B L : j 1
CITY OF Kf
,ad G'ap4;al 4 4�a�
210 FIDALGO KENAI, ALASKA 99611
TELEPHONE 283 - 7535
November 14, 1984
MEMORANDUM
TO: Mayor Tom Wagoner and Kenai City Council
FROM: .Jeff Labahn, Land Manager and Planning andgL
,Zoning Commission
RE: Building Encroachments
The City of Kenai has continued to encounter the problem of
building encroachments during the past construction season.
There were -two separate occurrences in which a residential
dwelling was constructed within the required side yard setback.
It is important that you realize that the problem continues to
exist in the absence of any required building survey procedures.
JL/dg
CITY OF KENAI
%Od Cajo-,;W 4 4iad46a
_ 210 FIDALGO KENAI, ALASKA 99611
TELEPHONE 283 - 7535
i..ul �IuCi]:i_1►f �1J�1
TO: Mayor Williams and Council Members
FROM: Janet Loper, Planning Specialist
SUBJECT: Ordinance No. 1188-87 Pertaining to Encroachment Permits
DATE: January 15, 1987
At the present time, a Variance to the zoning code is used for
irregularities prior to construction. However, if there is a
pre-existing condition which does not meet the zoning code, a property
owner is at a loss to proceed. (Usually his desire is to buy a home or
sell his home.) If his home encroaches on to the adjacent property or
into a. setback he must replat which takes about 3 months minimum and
many steps through at least two agencies.
The Encroachment Permit is a vehicle by which the property owner can
present this document to the local financial institution and Borough
which says, in effect, that the City of Kenai has reviewed his problem
and approved this permit. The property owner will still have to replat,
however, his time has been cut down to three weeks at the most,
depending upon submittal date and public hearing time, allowing him to
move ahead with his sale. The platting can be accomplished at any point
thereafter.
Suggested by: Planning & Zoning Commission
CITY OF KENAI
ORDINANCE NO. 1188-87
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE
KENAI MUNICIPAL CODE TITLE 14 WITH THE ADDITION OF SECTION 14.20.185
ENTITLED "ENCROACHMENT PERMITS".
WHEREAS, the Planning & Zoning Commission had been given certain duties
which assist the public in matters pertaining to lands, and
WHEREAS, during the course of reviewing and attempting to meet the
needs of the community, it has been found by this body that there is an
area that is lacking and is a problem of sufficient magnitude to require
a new section added to the existing zoning code, and
WHEREAS, the Commission has held work sessions and public hearings to
determine if this section will meet the needs of the community, and
WHEREAS, as a result of these public meetings the Commission feels the
draft "Exhibit A" before the Council and attached to this ordinance, now
fulfills the needs of the Commission and Community.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, as follows:
The Kenai Municipal Code Title 14 be amended by adding Section
14.20.185 entitled "Encroachment Permits" as defined in the
attached "Exhibit A".
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 4th day of
February, 1987.
ATTEST:
Janet Whelan, City Clerk
John J. Williams, Mayor
First Reading: January 21, 1987
Second Reading: February 4, 1987
Effective Date: March 4, 1987
EXA11L14 4
Chapter 14.20.185
PERMITS
1.4.20.185 (a) Definitions. Encroachments shall be considered as
any object or structure above or below ground belonging to a private
owner other than the municipality which has been constructed or located
across; property lines or setbacks, exlusive of rights -of -way.
Sb) Intent: An encroachment permit is the relaxation of the
development requirements of this chapter in existing cases and which do
not fall under Section 14.20.050, nonconforming uses and which satisfy
the requirements of a financial institution. An encroachment permit is not
intended for uses within Federal, State, or City rights -of -way, or
utility easements.
Jc) Permit Application: An application for an encroachment
permit is filed in writing with the [BUILDING OFFICIAL OR] Planning
Department and signed by the owner of the property concerned or
representative of the owner.
(1) The application shall contain the following:
[i] A legal description of the property involved;
[ii] Plans showing the location of all existing and proposed
buildings, objects, rights -of -way or easements,
elevations, and any data pertinent to the application.
(d) Review Criteria: The [BUILDING OFFICIAL OR] Planning
Department shall submit the application to the Planning Commission for
review and public hearing. The Planning Commission shall establish a
finding that all of the conditions have been found to exist as a
prerequisite to issuance of an encroachment permit.
(1) The conditions are pre-existing and shall not be based upon
other nonconforming land uses or structures within the land
use or zoning district.
(2) The granting of the encroachment permit shall not authorize a
use that is not a permitted principal use in the zoning
district in which the property is located.
(3)
Se) Public Hearing: The public hearing and notification procedure
for an encroachment permit application shall be accomplished in
accordance with the requirements of this chapter.
_Cc) Unauthorized Encroachments. Unauthorized encroachments shall
be subject to immediate removal by the owner upon being given notice by
the City. Notice shall consist of a written letter, sent by certified
mail return reciept requested, or by personal service, explaining the
violation and allowing twenty days to remove the encroachment.
(d) Expiration of Permit: Permits shall expire automatically upon
termination or interruption of the use and, in addition, in the case of
a building, structure, or object, or damage to the building, structure,
or object which makes it unecomonic to repair the building, structure,
or object, or the expiration of the useful life of the building,
structure, or object, whichever comes first.
(e) Right to Appeal: Any revocation, suspension, or denial of an
encroachment permit by the [BUILDING OFFICIAL OR THE] Planning Depart-
ment may be appealed to the City Council by filing a written notice of
appeal with the clerk and stating the grounds for such appeal. The
appeal notice must be filed within thirty days after the effective date
of the revocation, suspension, or denial from which the appeal is taken.
All notices of appeal must comply with Section 14.20.290.
(f) Public Hearing: The public hearing and notification procedure
for an encroachment permit shll application shall be accomplished in
accordance with the requirements of this chapter.
SUBSTITUTE
Suggested By: Planning & Zoning
Commission
CITY OF KENAI
ORDINANCE 1188-87
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA,
AMENDING THE KENAI MUNICIPAL CODE TITLE 14 WITH THE ADDITION OF
SECTION 14.20.185 ENTITLED "ENCROACHMENT PERMITS."
WHEREAS, the Planning & Zoning Commission had been given certain
duties which assist the public in matters pertaining to lands;
and,
WHEREAS, during the course of reviewing and attempting to meet
the needs of the community, it has been found by this body that
there is an area that is lacking and is a problem of sufficient
magnitude to require a new section added to the existing zoning
code; and,
WHEREAS, the Commission has held work sessions and public
hearings to -determine if this section will meet the needs of the
community; and,
WHEREAS, as a result of these public meetings, the Commission
feels the draft "Exhibit A" before the Council and attached to
this ordinance, now fulfills the needs of the Commission and
community.
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, as follows:
Section 1•
The Kenai Municipal Code Title 14 be amended by adding
Section 14.20.185 entitled "Encroachment Permits" as defined
in the attached "Exhibit A."
1
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day
nwp A-ril 105217
First Reading: January 21, 1987
Second Reading: April 15, 1987
Effective Date: May 15, 1987
KENAI PLANNING & ZONING COMMISSION
March 25, 1987
Kenai City Hall
Lee Lewis, Chairman
1. ROLL CALL
All Commissioners Present
2. APPROVAL OF AGENDA
Agenda approved with no additions or corrections
3. PERSONS PRESENT SCHEDULED TO BE HEARD
None
4. PUBLIC HEARINGS
a. Amend KMC14.20.185 by Adding New Section Pertaining to
Encroachment Permit
This ordinance has been revised by the legal assistant and sent
back to the Commission for public hearing. While some verbiage has
been changed, the intent remains the same.
Chairman Lewis opened the meeting to the public for comment.
Mr. Howard Hackney, Building Inspector came forward. Mr. Hackney
asked what the Commission would do if a house were built over a
setback line this summer. According to the ordinance as it is now
written, the house would have to be moved. Commissioner Smalley
answered that about two years ago the Commission discussed that one
way to avoid mistakes is to require property corners be flagged
prior to construction. This would involve some money, however, if
they built into the setback, it would be their fault. Chairman
Lewis asked if what he meant was that encroachments would be
impossible to enforce, answer, there is no recourse whatsoever for
those encroachments after the effective date of this. Is that what
YOU want? Chairman Lewis answered that it would be hoped that it
would never get to that, but that was the idea. Commissioner
Smalley agreed stating that most likely if that builder had to move
a house he wouldn't make that mistake again.
Mr. Hackney stated that at one time the Commission was thinking
about a fine. Commissioner Smalley stated that would not remove a
cloud from a title, however. Councilman Wise asked if there was a
fee, answer no. Councilman Wise listed the fees for activities
including borough and state as well as cities. This may be
appropriate in this case rather than a fine. Mr. Hackney agreed.
This ordinance would be of benefit to the current builder as well
as those existing encroachments and fees should be applied to both
as both will benefit. Commissioner Smalley suggested adding a
sentence which would read, "any unauthorized encroachment after the
date of the enactment of this ordinance shall be subject to a fee
for an encroachment permit". Councilman Wise opposed suggesting
that any that exist should pay it also, Mr. Hackney agreed.
Councilman Wise suggested deleting "which are in place on the
effective date of this ordinance". Then add a section relating to
an application fee of $1,000 which does not guarantee approval.
Commissioner Smalley asked for a survey of fee scales of other
cities that have such an ordinance in place, answer, there are only
two municipalities that have such an ordinance and they do not
charge a fee.
Commissioner O'Reilly asked if the $1,000 fee was reasonable, Mr.
Hackney answered that it might be a little high. Commissioner
Smalley remarked that a survey would certainly be cheaper.
Commissioner Mishou asked if this was a one tie fee and will it
clear a title, answer from Councilman Wise this is a one time fee
and is similar to a variance but not to be confused with that term,
and yes, it will clear a title. Commissioner Mishou commented on
the difference in cost for a survey versus a $1,000 fee.
Commissioner Smalley stated that this is the entire point, we are
still pushing for the property to be surveyed and the four corners
staked prior to construction to save having to go through this,
however there still is the possibility of an encroachment. I could
live with the idea of a fee. It does not guarantee that it will be
accepted, it only allows them to go through the process.
Commissioner Bryson asked the purpose of a building setback line,
is it something that we want to encourage or is it merely advisory.
We are setting a time period, anything that is prior has the
potential of being waved but from this period forward nothing can.
Why was the 25' setback of little importance, why not adopt the 20'
setback the borough has. We may create a mechanism for anyone that
has done anything in the past but no one in the future can. Along
the same lines, the definition for the word encroachment required
that it took place in the past what is the encroachment in the
future going to be called. Planning Specialist Loper asked
Commissioner Bryson if he agrees that the permit should be for
both, answer no, they should not be waived. Chairman Lewis,
indicating the proposed deletion would that not do away with the
distinction that you are objecting to, answer I think we should
eliminate building setback requirements or not pass this.
Commissioner Smalley, or adopt the Borough's? Commissioner Bryson,
well the Borough has a 20' setback requirement but you still have
the same thing. If someone comes in and builds within the
Borough's 20' setback, what is the city's position on that? Mr.
Hackney answered that that would be in the Borough. The Borough
regulations would not apply in the city.
Mr. Hackney stated that portions of the zoning code pertain to both
public and private land, why is the wording in the first section
eliminating municipal lands. The Commission decided that no
reference to lands at all is necessary.
The Commission next discussed side yard setbacks and asked how they
were to be handled. Should you deny something because it is a
financial burden on the person next door even though it exists.
Chairman Lewis asked what would bring it before the Commission
initially, answer from all Commissioners, sale of the property.
Councilman Wise made reference to houses built in 1959 which
predate the code and stated that they would fall under the
nonconforming use section.
Commissioner Bryson felt that a high figure for a fee on an
existing encroachment is inappropriate. The purpose is to
encourage the builder to ensure themselves of where they are when
building. Granted they want to work at the 25' point because it is
expensive when they set it back and we want to encourage them to be
careful when establishing the 25'. Commissioner Smalley suggested
a $500 fee for existing and $1,000 for those after the enactment of
this ordinance. Commissioner Bryson also suggested deleting a
portion of paragraph (b) "existing at the date of this ordinance".
This would make it all inclusive. The Commission agreed that the
appropriate place for addressing fees would fall under section (c)
"Permit Application".
MOTION:
Commissioner Bryson moved to extend the public hearing on this
ordinance to the next meeting, seconded by Commissioner O'Reilly
VOTE:
Motion passed unanimously
5. APPROVAL OF MINUTES OF January 14, 1987
Minutes were approved as submitted
6. OLD BUSINESS
:None
7. ;NEW BUSINESS
;None
8. PLANNING
-s. Amend Zoning Code: 14.20.240 Pertaining to Mobile Homes &
Recreational Vehicles
This item returns with the recommendations of the attorney with a
:redraft incorporating those recommendations.
Commissioner Smalley addressed Mr. Roger's memo and stated that if
we are dealing with municipal property it would not apply. Cannery
m
CITY OF KENAI
lod eapdal 4 4�ad�„
210 FIDALGO KENAI, ALASKA 99611
TELEPHONE 283 - 7535
fuj uit-TI'M ON",
TO: Mayor Williams & City Council
FROM: Planning & Zoning Commission
Janet Loper, Planning Specialist
SUBJECT: Ordinance No. 1188-87 Pertaining to Encroachment Permits
DATE: March 26, 1987
At the regular meeting of the Planning Commission on March 25th, the
Commission held a public hearing on Ordinance 1188-87.
As a result of that public hearing, and testimony from the Building
Inspector, the Commission is recommending some amendments to the
ordinance.which would broaden the scope of the permit.
The first amendment would include any encroachments after the effective
date of passage rather than limiting the permit to those prior to the
passage of the ordinance.
Along these lines, for the second amendment, the Commission feels that a
permit should not encourage a contractor to be careless, feeling that he
can build across a setback line and solve the problem by obtaining a
permit. Therefore, the Commission has requested the attorney draft a
statement into the ordinance, perhaps into Section 14.20.185 (c) which
would require a fine of $500 for any encroachments prior to the passage
of the ordinance and $1,000 for any encroachment incurred after the
passage of the ordinance. The reasoning for the difference in fees is
lies in the difficulty of surveying. A survey done in, say, 1963 would
be considerably less accurate than a survey done in 1983. The higher
fee after the passage of the ordinance would encourage a contractor to
take steps to ensure an error would not occur which would cost a buyer
time and money at a later date.
Ordinance 1188-87 ENCROACHMENT PERMITS
Page 2
The third amendment would remove the inferences to ownership entirely.
The testifiers and Commission feel these references to be superfluous
and the municipality should not be excluded.
To achieve these ends, the Commission suggests deleting a portion of
Section 14.20.185 "belonging to a private owner other than the
municipality which are in place on the effective date of this
ordinance,".
These recommendations have been turned over to the attorney.
TELEPHONE
t907) 586.1325
FAX 401.5480
Date: April 27, 1990
T A/F-0 -
217 SECOND STREET, SUITE 200
)UNEAU, ALASKA 99801
FAX COVER LETTER
FAX no.
Total pages w/ cover: 3
Following pages are for: Mayors, Assembly/Council Members, Municipal Clerks,
Managers, and other officials of AML Member Municipalities
From: Scott A. Burgess, Executive Director
MUNICIPAL CLERK OR PERSON WHO RECEIVES THIS FAX --
Please copy this AML Legislative Alert and deliver it immediately to your Mayor,
Manager/Administrator, Assembly/Council Members, Department Heads, and
others who normally receive the AML Legislative Bulletin. This Fax is an update
of priority municipal issues and Is In lieu of a Bulletin because there is so little
time Is left in the session and a need for quick action and phone calls!
For background information on the bills noted here, refer to your AML Legislative
Bulletin. If you need more information on any bill, call AIL or your local
Legislative Information Office.
If transmission Is Incomplete,
' please call (907) 586-1325 (voice)
MEMBER OF THE NATIONAL LFAGUE OF CITIES AND THE NATIONAL_ A�D(JL!AT;GN U:- COUNTIES
TELEPHONE
(9071 586.132" ? 17 SECOND ST REFT, SUITE 260
FAX 4u3 S460 JUNEAU, AIASKA99801
LEGISLATIVE ALERT LEGISLATIVE ALERT
April 27, 1990
The 1990 Legislature is quickly drawing to a close, and AML members need to contact their
legislators to let them know which issues are priorities for local governments in Alaska, Your
Board of Directors and Legislative Committee have been meeting with Iegislators for two
days and telling them about our priorities -- if legislators hear the same messages from you
they will begin to understand the strength of the AML, which represents over 95 percent cf
all Alaskans!
The House has passed the operating budget and now the Senate is ready to act on it, so
it is important that Senators hear from you immediately about budgetary issues. In
addition, several AML. priority bills that are still in committee need to be passed before the
end of the session on May 8, Telephone your legislators and Those on the committees
indicated belovv now.
Listed below are the top AML issues for the remainder of the session. PLEASE LET YOUR
LEGISLATORS KNOW THAT THESE ARE IMPORTANT TO YOUR AND THE CITIZENS
OF YOUR COMMUNITIES --
• htf3 500 - Operating Budget, to include:
41 Funding for Municipal Assistance at not less than FY 9a level of $52,747,000
[House budget at this level; Senate expected to agree]
Funding for State Revenue Sharing at not less than FY 90 level of $38,347,000
[House budget at this level; Senate expected to agree]
Full funding for entitlement for School Construction Debt Reimbursement --
now estimated at $129 million [House budget at $121,874,800; Senate
currently at $119 million. Senators need to hear from nil of you in support
of $129 million.]
• Full funding for Senior Citizens/Disabled Veterans Property Tax Exemption -
- $9.5 million -- and passage of CS 1-18 243 (C&RA) to ostablish the prcgram
as a direct state rebate program [CS HB 243, n.tiv in House Finance, is
presumably a dead bill. There seems to be no sentiment to increase funding for
this program from the FY 90 level and in fact the House mover $364,000 from
the homeowners' program, which goes to municipalities, to the jenters` program,
which goes directly to individuals. Encourage Senators to, at a minimum, not
move money from the homeowners' portion (municipal fund: 3) to fund the ranters'
portion of the program.]
ME109EP OF: THE NATIONAL LEAGUE OP CMES ANC) THE NA,rr0NAL A: $S -IATION Or CJtrNTILS
Hi 11U1111_ 1 r'HL LLH, UE
AN -IL Lagiblatrve Alort page 3
April 27, 1 W)
Full funding for Education Foundation Formula -- $515,175,100 [Both House
and Senate are expected to provide full funding]
Full funding for Shared Taxes Programs [Both Mouso and Senates are expocted
to pass budget that will reimburse 50 percent of arrlount collected, i.e., the
portion due to municipalitles; however, see SB 461, below.)
Passage of CS HB 159 (CRA) - Temporary exemption from taxation of in -place
resources [Bill passed out of Senate Community and Regional Affairs on April 26;
needs to be scheduled for floor action.]
• Passage. of CS SB 308 (Fin) - Taxation of certain state and federal properties by
municipalities [Bill is scheduled for a hearing in House Community & Regional Affairs
Committee on May 1; also has Finance referral.]
Passago of SB 505 - Removing cap on municipal sales tax [Bill is scheduled for a
hearing in House Community & Regional Affairs Committee on May 1; also has Finance
referral.]
Passago of SS HB 456 - Sharing of fisheries business tax revenue with
municipalities [Bill in House Finance; contact House Finance members immediately in
support of this bill.]
Passago.of HB 220 - Support for owners of underground :storage tanks in a version
that makes municipal owners of storage tanks eligible for assistance [Bill In Senate
Finance; a subcommittee proposal would exclude municipalities frorn group of tank
owners eligible for assistance. Municipalities should let their ;egisldtors know this
is unacceptable. Thanks for the good Fax response on the number of tanks!)
Passage of CS HS 101 (Fin) - Increasing minimum entitlement under revenue
sharing program, which includes $3.4 million to hold all municipalities harmless [Bill
in Senate Community and Regional Affairs, with referral to Finance)
Passage of CS HB 400 (Fin) am - Fisheries business tax and license [Bill in Senate
Resources)
Passage of SB 461 - Appropriation to fisheries business tax refund program for
municipslltles affected by oil spill [Bit[ in Senate Finance, with hoarirg scheduled for
Friday, April 27.]
Passage of CS HB 577 (CRA) - Oil and hazardous substance municipal impact fund
[Bill in House Resources; SB 359 passed Senate Thursday, April 26, referred to House
Resources.]
A.ML supports othor legislation before the 16th Legislature, but the bilis listcd Zbove are AML
priorities.
C/L[G002: rnominfo. a26
Borough Clerk � oTy\ U.S.P6S1AGE��
Kenai Peninsula Bo o9gh. ..�� KENAI PENINSULA BOROUGH
14A N. Binkley 4F'2E'90 REGULAR ASSEMBLY MEETING
Soldotna, Alaska 9 69 a May 1, 1990; 7:30 p.m.
AS a7s256 Borough Administration Building
Soldotna, Alaska ^�,u,�^�
tom\ ^�L......: c.,..
A G E N D A -
A. CALL TO ORDER 0 w� V
Janet Ruotsala, Clerk
City of Kenai B. PLEDGE OF ALLEGIANCE 7, o c
210 o Fidal Street
g C. INVOCATION: Rev. Scott Rathmann 6'
Kenai, AK 99611 St. Francis by the Sea Ep urch
D. ROLL CALL
E. VACANCY, DESIGNATION OR SEATING OF ASSEMBLYMEMBERS
F. APPROVAL OF MINUTES: April 17, 1990; April 10, 1990
G. COMMITTEE REPORTS
(a) Finance (Chm. Sewall, vice Chm. Nash,
Glick, O'Connell, Keene)
(b) Legislative (Chm. Crawford, O'Connell, Glick,
Mullen)
(c) Local Affairs/Lands (Chm. Brown, Vice Chm.
Crawford, Moock, Mullen, Poindexter, Super-
man)
(d) Public Works/Ed (Chm. McLane, Vice Chm. Moock
Atkinson, Hodgins, Superman, Walli)
H. REPORTS OF COMMISSIONS AND COUNCILS
I. MOTIONS TO RECONSIDER
J. AGENDA APPROVAL AND CONSENT AGENDA
(a) Vacation 10 ft. Utility Easement Within
Central Portion of Lot 2-A, Coal Creek
Country Estates Addn. No. 7, Along Former
Northern Boundary Lot 2 Coal Creek Country
Estates Addn. No. 2
(b) Risk Management Committee RPpnrt FY 1989/90
K. ORDINANCE HEARINGS
(a) Ord. 90-25 "Clarifying Election Procedures
and Designating Seats for the Kenai Peninsula
Borough School District Board" (Hodgins)
(b) Ord_ 90-26 "Requiring the Kenai Peninsula
Borough to Purchase Recycled Paper"
(Superman, Atkinson)
(L;
Ord. 90-27 "Apprvpriati[ly Funds for SCf1001
�d) Ord 90-32 'Pr ;d No - P-
�"� � O'"'� Ong iCr �.:^,-,'-,�2�LJi�_ .QmO-
Purposes for Fiscal Year 1990-1991" (Mayor)
tion of the Kenai Peninsula Borough as a Des-
tination for Tourism" (McLane/Brown/Glick)
HEARING 5/15
(d)
Ord. 90-28 "Extending the Time Limit for Pur-
chase of Furniture and Equipment for Skyview
(e) Res. 90-36 "Transferring Monies from the As -
High School" (Mayor)
sembly Contingency Account to Assembly Dues
and Subscriptions for Alaska Center for the
L. INTRODUCTION
OF ORDINANCES
Environment (ACE) and Public Awareness Com-
mittee for the Environment (PACE) Member -
(a)
Ord 90-33- "Appropriating Funds for the FY
ships" (Atkinson/Superman) POSTPONED TO 5/15
1990-1991 General Government Budget" (Mayor)
SET FOR 6/5 HEARING
(f) Res. 90-43 "Authorizing an Expenditure of
$2,000 from the Assembly Dues and Subscrip-
(b)
Ord. 90-34 "Providing for Revision of the
tions Account for Membership in OEKOS"
Ordinances and Borough Code Sections for
(Brown) POSTPONED TO 5/15
Technical, Style, Grammar and Reference Cor-
rections by the Clerk" (Policies & Procedures
0. FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON SUB-
Cmte) SET FOR 6/5 HEARING
JECTS NOT ON THE MEETING AGENDA
(c)
Ord. 90-39 "Appropriating $45,000 from the
(a) Sue Christiansen; Kachemak Heritage Land
Central Kenai Peninsula Road Maintenance
Trust
Service Area Fund Balance to Repairs and
Maintenance Account" (Mayor, Req. CKPRMSA)
(b) Kenai Peninsula Chapter, Alaska Visitor's
SET FOR 5/15 HEARING
Association
(d)
Ord. 90-37 "Increasing the Available Ap-
P. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS
propriation for the School District for Fis-
cal Year 1989/90 by $756,581" SET FOR 5/15
Q. MAYOR'S REPORT
HEARING
M. CONSIDERATION
OF RESOLUTIONS
R. OTHER BUSINESS
(a)
Res. 90-47 "Authorizing the Mayor to Award a
Surveying, Engineering and Aerial Photography
S. ASSEMBLY AND MAYOR'S COMMENTS
Contract for Solid Waste Facilities" (Mayor)
T. INFORMATIONAL MATERIALS AND REPORTS
N. PENDING
LEGISLATION
(a) Revenue/Expenditure Report & Budget Revisions
(This
item lists legislation which will be ad-
U. NOTICE OF NEXT MEETING AND ADJOURNMENT (5/15/90)
dressed
at a later time as noted)
(a)
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, Reg. Task Force) TABLED
1/16/90
(b)
Ord. 90-30 "Appropriating Funds for the Con-
struction of the CT -Scan Addition to the
Central Peninsula General Hospital" (Mayor)
HEARING 5/15
(c)
Ord. 90-31 "Delegating Authority from the
Kenai Peninsula Borough to the City of Kenai
to Make Land Use Plan Amendments to the Kenai
Comprehensive Plan" (Mayor) HEARING 5i15
KENAI PENINSULA BOROUGH
REGULAR ASSEMBLY MEETING
April 3, 1990; 6:00 p.m.
Borough Administration Building
Soldotna, Alaska
- A G E N D A -
A. CALL TO ORDER
B. PLEDGE OF ALLEGIANCE
C. INVOCATION: Rev. Jim Reneau
Bread of Life Chapel, Kenai
I). ROLL CALL
*** ITEMS REMAINING FROM MARCH 20 AGENDA ***
�Z:: /V F-0 - //
(a) Res. 90-26 "Placing a Proposition Before the
Voters Which Would Authorize the Assembly to
Remove Restrictions on Hiring and Expendi-
tures from the Non-Areawide Port and Harbor
Powers of the Kenai Peninsula Borough" 1 Postponed to
(Hodgins) May I
(b) Res. 90-27 "Supporting a Legislative Ballot
Measure Calling for a Constitutional Amend-
ment Creating a State Spending Limit"
(Sewall, Skogstad, Mullen) and Letter of sup-
port of SJR 5, placing a spending cap for FY
92, without amendments (NOR Sewall) 1 Defeated
(c) Res. 90-28 "Requesting the Policies and Pro-
cedures Committee to Prepare an Ordinance to
Replace Mason's Manual of Legislative Proce-
dure with Procedures Based on Robert's Rules
of Order" (Policies & Procedures) 2 Defeated
(d) Res. 90-29 "Authorizing the Award of Contract
for Kenai Peninsula Borough Comprehensive
Plan Consulting Services" (Mayor) 2 Adopted
(e) Res. 90-30(Sbst) "In Support of Funding for
the Purchase of Lands from Seldovia Native
Association Within the Boundaries of Kachemak
Bay State Park or for Continued Negotiation
for a Land Exchange if Fundng for Purchase is
Not Available" (Keene) 2 Adopted
E. VACANCY, DESIGNATION OR SEATING OF ASSEMBLYMEMBERS
F. APPROVAL OF MINUTES: March 20, 1990
G. COMMITTEE REPORTS
(a) Finance (Chm. Sewall, Vice Chm. Nash,
Glick, O'Connell, Keene)
(b) Legislative (Chm. Crawford, O'Connell, Glick,
Mullen)
(c) Local Affairs/Lands (Chm. Brown, Vice Chm.
Crawford, Moock, Mullen, Poindexter, Super-
man)
(d) Public Works/Ed (Chm. McLane, Vice Chm. Moock
Atkinson, Hodgins, Superman, Walli) Presenta-
tion of KPBSD Budget; SB Pres. Obendorf
H. REPORTS OF COMMISSIONS AND COUNCILS
3 Approved
3
3
3
3
Page No.
I. MOTIONS TO RECONSIDER
(a)
Ord. 90-15 "Establishing an Efficient Means
of Determining Businesses Which Are Eligible
for Exemption from Sales Tax, and Defining
Instances Where Food Sales are Exempt"
4 Enacted as
(Hodgins) NOR Crawford
Amended
(b)
Res. 90-31 "Supporting Changes in Title 17 of
the Alaska Administrative Code Dealing with
the Operations of Tractor Trailer Trucks
Pulling a Combination of Trailers on Kenai
Peninsula Roads" (Skogstad/Sewall) NOR Brown
6 Not Reconsidered
J. AGENDA APPROVAL AND CONSENT AGENDA
7 Adopted
(a)
Acknowledge Receipt of KPBSD Budget and
KPB Budget
(b)
Petition to Vacate Portion of Amy Lane
(c)
Res. 90-32 "Awarding a Contract to Don Chemi-
cal Company, Inc., D/B/A Alaska Mill & Feed,
for the Purchase of Fertilizer and Lime to Be
Used for the 1990 Summer Landscape Main-
tenance of Various Schools and Borough
Facilities" (Mayor)
(d)
Res. 90-34 "Declaring a Siemens Mammot
(Mammogram Machine) Surplus to the Needs of
the Kenai Peninsula Borough and Authorizing
Its Sale by Sealed Bid" (Mayor, Req. CPHSA)
(e)
Res. 90-35 "Requesting the State of Alaska to
Approve a Viewing Area at Anchor Point"
(Hodgins)
(f)
Res. 90-37 "Authorizing a Change order for
the Nikiski High School Project With H. A.
Anderson" (Mayor)
(g)
Ord. 90-25 "Clarifying Election Procedures
and Designating Seats for the Kenai Peninsula
Borough School District Board" (Hodgins)
Introduction only. Set for May 1 hearing
(h)
Ord. 90-26 "Requiring the Kenai Peninsula
Borough to Purchase Recycled Paper"
(Superman, Atkinson) Introduction only. Set
for May 1 hearing
(i)
Ord. 90-27 "Appropriating Funds for School
Purposes for Fiscal Year 1990-1991" (Mayor)
Introduction only. Set for May 1 hearing.
(j)
Ord. 90-28 "Extending the Time Limit for Pur-
chase of Furniture and Equipment for Skyview
High School" (Mayor) Introduction only. Set
for May 1 hearing.
(k)
Motion to Appoint Sales Tax Cote.
K. ORDINANCE
HEARINGS
(a)
Ord. 90-11 "Authorizing the Lease of Five
Acres at the Kenai Landfill Site for Use a a
Privately -Operated Solid Waste Transfer Site"
8 Postponed to
(Mayor) POSTPONED TO 4-3-90
April 17, 1990
(b)
Ord. 90-18 "Appropriating $594,000 from the
General Fund Balance for Various School Minor
Capital Projects" (Walli/Moock)
11 Action Incomplete
Page No.
(c) Ord. 90-19 "Adopting a Comprehensive Plan
for the City of Homer as a Portion of the
Kenai Peninsula Borough Comprehensive Plan" Not addressed
(Mayor)
(d) Ord. 90-20 "Adopting the Kenai Peninsula
Borough Coastal Management Program" (Mayor) Not addressed
(e) Ord. 90-21 "Accepting and Appropriating Sup-
plemental Funds from the State of Alaska for
the Kenai Peninsula Borough Coastal Manage-
ment Program" (Mayor) Not addressed
(f) Ord. 90-23 "Amending Chapter 10.04 of the
Borough Code to Provide Non -Commercial Free
Public Use Solid Waste Disposal Facilities in
First Class and Home Rule Cities and at
Heavily Used Seasonal Locations and for
Receiving Stations for Oil and Household
Chemicals" (Glick, Brown, Superman, Nash) 8 Defeated with
Notice of Recons.
I,. INTRODUCTION OF ORDINANCES
M. CONSIDERATION OF RESOLUTIONS
(a) Res. 90-19 "Requesting the Borough Mayor to
Provide a Free Non -Commercial Public Use
Solid Waste Disposal Facility at the Current
Kenai Landfill Site" (Glick/Brown/Superman/ Not addressed
Nash) POSTPONED ON 3/6 TO 4/3/90
(b) Res. 90-33 "Determining the Amount that Will
Be Provided from Local Sources for School
Purposes for Fiscal Year 1990-1991" (Mayor) Not addressed
N. PENDING LEGISLATION
(This item lists legislation which will be ad-
dressed at a later time as noted)
(a) 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) TABLED
1/16/90
(b) Ord. 90-22 "Amending Chapter 2.06 Concerning
Selection and Retention of the Borough Clerk
and Clarifying Duties" (Policies & Procedures
Committee) HEARING APRIL 17
O. FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON SUB-
JECTS NOT ON THE MEETING AGENDA
P. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS 11
Q. MAYOR'S REPORT
R. OTHER BUSINESS
S. ASSEMBLY AND MAYOR'S COMMENTS
T. INFORMATIONAL MATERIALS AND REPORTS
(a) Solid Waste Committee Recommendations
(b) Revenue and Expenditures Report
(c) Memo RE: Landscape Maintenance Contracts
U, NOTICE OF NEXT MEETING AND ADJOURNMENT (4/17/90)
KENAI PENINSULA BOROUGH
REGULAR ASSEMBLY MEETING MINUTES
April 3, 1990; 6:00 p.m.
Borough Administration Building
Soldotna, Alaska
A. CALL TO ORDER
The regular assembly meeting was called to order at approximately
6:10 p.m. by Pres. James W. Skogstad.
B. PLEDGE OF ALLEGIANCE
INVOCATION
'The invocation was given by Rev. Jim Reneau of the Bread of Life
Chapel, Kenai.
J. ROLL CALL
]PRESENT: Assemblymembers Atkinson, Brown, Crawford, Glick,
Hodgins, Keene, McLane,** Maack, Mullen, Nash, O'Connell,
Poindexter, Sewall*, Skogstad, Superman, Walli; Mayor Gil-
man, Atty. Baedeker, Finance Director Kinney, Admn. Asst.
Huss, Planning Director Traeger, Borough Clerk Brindley
ABSENT: None
* Arrived at 7:00 p.m.
** Excused early
ASSEMBLYMEMBER BROWN MOVED THE ASSEMBLY ADJOURN TO EXECUTIVE SES-
SION IN ORDER TO DISCUSS THE ANDERSON CLAIM AND SETTLEMENT WHICH
COULD HAVE AN IMPACT ON THE FINANCES OF THE BOROUGH. MOTION WAS
APPROVED BY A VOTE OF 13 TO 2, McLane and Crawford voting No,
Sewall absent.
The assembly left the meeting room at 6:15 p.m. and returned at
6:50 p.m.
*** ITEMS REMAINING FROM MARCH 20 AGENDA ***
(a) Res. 90-26 "Placing a Proposition Before the Voters
Which Would Authorize the Assembly to Remove Restric-
tions on Hiring and Expenditures from the Non-Areawide
Port and Harbor Powers of the Kenai Peninsula Borough"
(Hodgins)
ASSEMBLYMEMBER HODGINS MOVED THE ADOPTION OF RES. 90-26.
Mr. Brown reported the Local Affairs Cmte. recommended postpone-
ment.
ASSEMBLYMEMBER HODGINS MOVED TO POSTPONE RES. 90-26 TO THE MAY 1
MEETING AND IT WAS APPROVED BY UNANIMOUS CONSENT.
(b) Res. 90-27 "Supporting a Legislative Ballot Measure
Calling for a Constitutional Amendment Creating a State
Spending Limit" (Sewall, Skogstad, Mullen) and Letter
of support of SJR 5, placing a spending cap for FY 92,
without amendments
ASSEMBLYMEMBER MULLEN MOVED THE ADOPTION OF RES. 90-27.
Mr. McLane spoke against the amendments for removal of specific
items from the spending cap, reducing its effectiveness.
RES. 90-27 WAS DEFEATED BY A VOTE OF 6 YES TO 10 NO:
YES: Sewall, O'Connell, Skogstad, Mullen, Brown, Keene
NO: Poindexter, Hodgins, Maack, McLane, Atkinson, Crawford,
Glick, Nash, Superman, Walli
1
wo :s;• u: u ': •'1
There was no motion to send the letter of support for SJR 5.
(c) Res. 90-28 "Requesting the Policies and Procedures Com-
mittee to Prepare an Ordinance to Replace Mason's
Manual of Legislative Procedure with Procedures Based
on Robert's Rules of Order" (Policies & Procedures)
ASSEMBLYMEMBER NASH MOVED THE ADOPTION OF RES. 90-28.
Mr. Nash stated this is a response from several members for the
committee to consider a change to Robert's Rules of Order. He
was seeking an advisory vote as to whether there was sufficient
support for the change.
RES. 90-28 WAS DEFEATED BY A VOTE OF 6 YES TO 10 NO:
YES: Sewall, Poindexter, Glick, Moock, Skogstad, Walli
NO: Hodgins, McLane, Atkinson, O'Connell, Crawford, Mullen,
Brown, Keene, Nash, Superman
(d) Res. 90-29 "Authorizing the Award of Contract for Kenai
Peninsula Borough Comprehensive Plan Consulting Serv-
ices" (Mayor)
ASSEMBLYMEMBER GLICK MOVED THE ADOPTION OF RES. 90-29.
Mr. McLane requested a report from Planning Director Troeger on
the comprehensive plan progress.
Mr. Troeger stated the department has been in the process of
rewriting the comp plan for approximately one year. Last fall,
18 community meetings were conducted throughout the borough to
get preliminary input to the overall plan and the noxious, haz-
ardous, injurious use ordinance as well. Along with the public
involvement program, with the coming contract additional hearings
will be held this spring, and recommendations developed with the
consultant will be brought back to the public next fall. The
land use planning and the quality of the environment are major
concerns reported to the consultant. Drafts of the chapters
dealing with transportation and public services development have
been reviewed by organizations requiring those services. Com-
ments are being reviewed by the Planning Commission in workses-
sions developing a public review draft. The economic development
portion of the plan is being prepared by EDD. He hoped to have a
draft for assembly consideration by February 1991.
R1ES. 90-29 WAS ADOPTED BY UNANIMOUS CONSENT.
(e) Res. 90-30(Sbst) "In Support of Funding for the Pur-
chase of Lands from Seldovia Native Association Within
the Boundaries of Kachemak Bay State Park" (Keene)
ASSEMBLYMEMBER KEENE MOVED THE ADOPTION OF RES. 90-30(SBST).
Mr. Brown reported Local Affairs/Lands Cmte. had a unanimous do
pass recommendation.
Mr. Crawford stated as an officer of the Seldovia Native Associa-
t:_on he would abstain from voting. Atty. Boedeker supported his
abstention due to the appearance of some impropriety.
RES. 90-30(SBST) WAS ADOPTED BY A VOTE OF 14 YES TO 1 (O'Connell)
NO, 1 (Crawford) ABSTAINING.
E. VACANCY, DESIGNATION OR SEATING OF ASSEMBLYMEMBERS
F. APPROVAL OF MINUTES
E
The minutes of the March 20, 1990 regular meeting were approved
with a correction to the spelling of a name.
G. COMMITTEE REPORTS
(a) Finance (Chm. Sewall, Vice Chm. Nash,
Glick, O'Connell, Keene)
Mr. Nash reported the committee discussed only agenda items.
(b) Legislative (Chm. Crawford, O'Connell, Glick, Mullen)
Mr. Crawford reported discussion of double hull legislation and
the emergency response organizations and their support. He
referred to the written legislative update from Ms. Huss on items
of interest to the Borough.
(c) Local Affairs/Lands (Chm. Brown, Vice Chm. Crawford,
Moock, Mullen, Poindexter, Superman)
Mr. Brown reported in addition to discussion of agenda items, the
committee heard a report from Mr. Sorenson, the consultant con-
sidering the marine transportation study. Due to the time con-
straints this evening Mr. Sorenson would be scheduled to address
!_he assembly at another time.
(d) Public Works/Ed (Chm. McLane, Vice Chm. Moock
Atkinson, Hodgins, Superman, Walli)
Mr. McLane reported the committee heard reports from the Direc-
tors of Public Works and Maintenance on landscape maintenance at
all borough schools. He stated the central area has been broken
up into 3 areas for more efficient handling and they will be
going out to bid. As an education report, he invited Mrs. Oben-
dorf, President of the Board of Education to address the assembly
concerning the FY90-91 budget.
Betty Obendorf reported the process of preparation, review and
revision of the school budget. Almost $4 million was cut from
the original budget by the Review Committee which included As-
sembly representative Mrs. Moock. She reported hearings were
held in all areas of the borough except Homer where volcano ash -
fall prevented their travel at the scheduled time but a meeting
was held via teleconference. She reported the budget was
prepared by formula and no new programs were included. Again
this year there is no money in the equipment account. The only
additions were due to the opening of Skyview High School and
Seward Elementary School. She requested consideration and ap-
proval of the budget with the kids of the district in mind.
Richard Swarner, Finance Director for the school district
presented graphs and charts indicating sources income as well as
expenditures and enrollment over the last several years and
projections for the coming year. The estimated enrollment for
next year is 9,000, an all-time high. In answer to questions, he
stated repair of equipment as well as facilities has been added
onto the borough's portion with $228,000 added to the $4 million
allocated for facility maintenance.
It was noted other questions could be answered at a worksession
on April 10.
Pres. Skogstad called a brief (5 minutes) recess.
H. REPORTS OF COMMISSIONS AND COUNCILS
(a) Solid Waste Committee
3
Mr. O'Connell reported the final recommendations of the committee
were to: 1) close Seward Landfill, 2) transport Seward area waste
to Soldotna, 3) close the Kenai Landfill, 4) utilize the Soldotna
Landfill as a regional landfill, 5) install a baler at the Sol-
dotna Landfill, and 6) develop and maintain a comprehensive
municipal solid waste plan. He stated in addition there were
items which the committee felt it should continue to consider,
such as the green box policy, tipping fees, recycling, utiliza-
tion of private industry, encourage public education in alterna-
tives and establishment of several hazardous waste collection
:stations around the borough. He hoped to have a resolution
prepared for the next agenda setting out these recommendations.
I:. MOTIONS TO RECONSIDER
(a) Ord. 90-15 "Establishing an Efficient Means of Deter-
mining Businesses Which Are Eligible for Exemption from
Sales Tax, and Defining Instances Where Food Sales are
Exempt" (Hodgins) NOR Crawford
ASSEMBLYMEMBER CRAWFORD MOVED TO RECONSIDER ORD. 90-15.
Mr. Crawford stated there was a portion of the ordinance upon
which the assembly agreed at the last meeting but which was
defeated along with the rest. He felt it deserved reconsidera-
tion.
Mr. Nash reported the Finance Cmte. was in support of recon-
sideration.
THE MOTION WAS APPROVED BY UNANIMOUS CONSENT.
ASSEMBLYMEMBER MOOCK MOVED TO RESCIND ALL PREVIOUS AMENDMENTS ON
THE ORDINANCE.
ASSEMBLYMEMBER O'CONNELL REQUESTED DIVISION OF THE QUESTION (BY
AMENDMENT MADE MARCH 20). MRS. MOOCK WITHDREW HER MOTION.
ASSEMBLYMEMBER HODGINS MOVED TO ADD A NEW SECTION 3 TO READ,
"Section 5.18.260 Exemptions. §F. Dues or membership fees for
non-profit organizations." IN PLACE OF EXISTING §F. "Dues or fees
to clubs, labor unions, or fraternal organizations." MOTION WAS
APPROVED BY UNANIMOUS CONSENT.
ASSEMBLYMEMBER MC LANE MOVED TO AMEND SECTION 1 TO CHANGE
"corporation" to "organization" AND IT WAS APPROVED BY UNANIMOUS
CONSENT.
ASSEMBLYMEMBER MC LANE MOVED TO AMEND TO INCLUDE A NEW SECTION 3:
"KPB 5.18.260 is amended to add a new subsection to read as fol-
lows: N. Organizations which are determined by the Internal
Revenue Service to be exempt from federal income taxation under
the following sections of the Internal Revenue Code of 1986 shall
be exempt from both collection and payment of sales tax on gaming
sales authorized by AS 5.15: 501(c)(1) through 501(c)(23) with
-the exception of (17) and (22), 501(d), 501(e), 501(f), 501(k)
and 521(a). Section 4. Currently existing KPB 5.18.260 subsec-
tions (N), (0), (P) and (Q) are relettered to (0), (P), (Q) and
(R) respectively."
Mr. McLane stated the two excluded are described as,
"supplemental unemployment benefit trusts and withdrawal
liability payment fund". He stated these and possibly others on
the list would not qualify under AS 5.15 to receive a gaming per-
mit. He felt the list could be adopted and allow those to
qualify with the state which could. He noted this does not ad-
dress vendor sales; if the state and federal regulations allow an
activity he did not think the assembly should prohibit it. He
believed if volunteers and staff only are used to conduct gaming
sales without collecting tax, it would be only local people who
would benefit.
Mr. Mullen believed the amendment was geared to provide for pull
tab sales and he expressed his opposition to gambling activities
as fund raisers.
Mr. O'Connell opposed the amendment on the basis of lost revenue
o the borough with a tax increase in the future.
Mr. Sewall spoke against the amendment and against references to
<3aming sales which the ordinance does not mention.
Mr. Boedeker was asked if the amendment failed if gaming sales of
all kinds would be disallowed for the non -profits and he stated
that was correct.
Mrs. Glick stated this was simply a consumer tax. The amendment
would dilute the ability of the borough to collect sales tax in
the future.
THE MC LANE AMENDMENT WAS DEFEATED BY A 7 YES TO 9 NO VOTE:
YES: Poindexter, Hodgins, Moock, McLane, Crawford, Brown, Nash
NO: Sewall, Atkinson, O'Connell, Glick, Skogstad, Mullen, Keene,
Superman, Walli
ASSEMBLYMEMBER MOOCK MOVED TO AMEND SECTION 1, KPB 5.18.260 M.,
ADD TO THE LIST OF IRS APPROVED CODES, "501(C)1, 501(C)3,
501(C)4, 501(C)6, 501(C)8, 501(C)10, 501(C)19, 501(C)23, 501(D),
501(E), 501(F), 501(K), 521(A)".
Mrs. Moock stated she wished to insure that the worthwhile or-
ganizations on the peninsula which the IRS exempts, would not be
drastically impacted by the ordinance as it would cause a tax to
be placed on every item sold.
Mr. O'Connell requested the question be divided. Mr. Boedeker
stated this would cause most of the single questions to be the
same as those defeated at the last meeting.
Pres. Skogstad ruled the request out of order.
ASSEMBLYMEMBER MC LANE MOVED TO AMEND THE AMENDMENT BY ADDING
501(C)5 AND IT WAS ACCEPTED AS A FRIENDLY AMENDMENT.
THE MOOCK MOTION FAILED BY A VOTE OF 8 YES TO 8 NO:
YES: Sewall, Poindexter, Hodgins, Moock, McLane, Crawford, Brown,
Nash
NO: Atkinson, O'Connell, Glick, Skogstad, Mullen, Keene, Super-
man, Walli
ASSEMBLYMEMBER SEWALL MOVED TO AMEND ALTERNATIVE #1 DRAFTED BY
THE LEGAL OFFICE: "Section 1. Organizations which are exempt from
federal income taxation under the following sections of the In-
ternal Revenue Code of 1986 shall be exempt from both collection
and payment of sales tax, except for sales of food and liquor by
the organizations: 501(c)l through 501(c)23, 501(d), 501(e),
501(f), 501(k), 521(a). The applicant for the exemption must
provide suitable evidence that the Internal Revenue Service has
ruled or determined that the applicant qualifies for the federal
income tax exemption before a sales tax exemption certificate can
be granted. Section 2. Retail sales of food are exempt in the
following circumstances: (1) when served in cafeterias or
lunchrooms of elementary, secondary, post -secondary schools, col-
leges or universities which are operated primarily for students
5
and staff and are not operated for the public or for profit; (2)
when served in a nonprofit hospital or other nonprofit institu-
tion licensed by the State of Alaska for the care of humans; (3)
when meal delivery is a charitable function by a nonprofit or-
ganization to handicapped or senior citizens at their place of
residence; (4) when served as a charitable function on the
premises of a nonprofit senior citizens' organization which
receives funding from the State of Alaska or a political subdivi-
sion of the State. Section 3. Sections 1 and 2 are effective
from immediately after enactment to December 31, 1990."
Mr. Sewall took as a friendly amendment the amendments previously
Passed to amend subsection F. He asked if the Sales Tax Task
Force to be formed came up with a reasonable ordinance prior to
the sunset clause stated, could this be repealed and Atty.
.30edeker stated it could.
ASSEMBLYMEMBER GLICK MOVED TO AMEND BY ADDING "gaming sales" FOL-
LOWING "except for sales of food, liquor and".
%tty. Boedeker stated another phrase should be added at the
beginning of each section to read: "Notwithstanding provisions of
KPB 5.18 to the contrary," WORDING WAS INCLUDED IN MR. SEWALL'S
AMENDMENT.
ASSEMBLYMEMBER SUPERMAN MOVED TO TABLE ORD. 90-15. MOTION FAILED
13Y A VOTE OF 3 YES TO 13 NO:
YES: Glick, Superman, Walli
NO: Sewall, Poindexter, Hodgins, Moock, McLane, Atkinson,
O'Connell, Crawford, Skogstad, Mullen, Brown, Keene, Nash
There was additional discussion of the effects to non-profit or-
ganizations if the amendment failed.
THE GLICK AMENDMENT FAILED BY A VOTE OF 5 YES, 11 NO:
YES: Atkinson, O'Connell, Glick, Mullen, Walli
NO: Sewall, Poindexter, Hodgins, Moock, McLane, Crawford,
Skogstad, Brown, Keene, Nash, Superman
THE SEWALL AMENDMENT WAS APPROVED BY A VOTE OF 14 YES TO 2
(O'Connell and Glick) NO.
ORD. 90-15 AS AMENDED WAS ENACTED BY A VOTE OF 15 YES TO 1
(O'Connell) NO.
Pres. Skogstad stated he would be appointing a committee to study
the sales tax issue.
(b) Res. 90-31 "Supporting Changes in Title- 17 of the
Alaska Administrative Code Dealing with the Operations
of Tractor Trailer Trucks Pulling a Combination of
Trailers on Kenai Peninsula Roads" (Skogstad/Sewall)
NOR Brown
ASSEMBLYMEMBER BROWN MOVED TO RECONSIDER RES. 90-31.
Mr. Brown stated he had done quite a bit of research since the
last meeting and urged it be reconsidered.
THE MOTION TO RECONSIDER WAS DEFEATED BY A VOTE OF 8 YES TO 7 NO
1 (McLane) ABSENT:
YES: Sewall, Atkinson, Glick, Skogstad, Mullen, Brown, Keene,
Superman
NO: Poindexter, Hodgins, Moock, O'Connell, Crawford, Nash, Walli
6
J. AGENDA APPROVAL AND CONSENT AGENDA
Mr. Hodgins requested Res. 90-35 and introduction of Ord. 90-25
be placed on the Consent Agenda. Mrs. Glick requested the addi-
tion of Res. 90-37 to the Consent Agenda as well as the introduc-
tion of Ord. 90-26. Mr. Nash requested Item R(a) to the Consent
Agenda. Mr. Superman requested Ord. 90-23 be moved to follow Ord.
90--11 as it relates to it. There was no objection and the Con-
sent Agenda and meeting agenda were approved as follows:
(a) Acknowledge Receipt of KPBSD Budget and
KPB Budget
(b) Petition to Vacate Portion of Amy Lane
(c) Res. 90-32 "Awarding a Contract to Don Chemical Com-
pany, Inc., D/B/A Alaska Mill & Feed, for the Purchase
of Fertilizer and Lime to Be Used for the 1990 Summer
Landscape Maintenance of Various Schools and Borough
Facilities" (Mayor)
(d) Res. 90-34 "Declaring a Siemens Mammot (Mammogram
Machine) Surplus to the Needs of the Kenai Peninsula
Borough and Authorizing Its Sale by Sealed Bid" (Mayor,
Req. CPHSA)
In response to questions from Mr. Sewall, Mr. Kinney stated in-
terested organizations would be contacted; that was the reason
for selling it by sealed bid rather than outcry auction.
(e) Res. 90-35 "Requesting the State of Alaska to Approve a
Viewing Area at Anchor Point" (Hodgins)
(f) Res. 90-37 "Authorizing a Change order for the Nikiski
High School Project With H. A. Anderson" (Mayor)
(g) Ord. 90-25 "Clarifying Election Procedures and Desig-
nating Seats for the Kenai Peninsula Borough School
District Board" (Hodgins)
Introduction only. Set for May 1 hearing
Kurt Kristensen, Nikiski, thanked Mr. Hodgins for introducing the
ordinance as it had been a concern of a number of people that the
circumstances for election of school board members is far from
being perfect. He hoped the assembly would act on it directly,
but if not at least pass it on to the voters at the next election
to decide.
(h) Ord. 90-26 "Requiring the Kenai Peninsula Borough to
Purchase Recycled Paper" (Superman, Atkinson) Introduc-
tion only. Set for May 1 hearing
Mr. Nash reported the Finance Cmte. was in agreement with the
concept of recycled paper but had concerns regarding the mandate
regardless of the cost or efficiency of the change.
(i) Ord. 90-27 "Appropriating Funds for School Purposes for
Fiscal Year 1990-1991" (Mayor) Introduction only. Set
for May 1 hearing.
(j) Ord. 90-28 "Extending the Time Limit for Purchase of
Furniture and Equipment for Skyview High School"
(Mayor) Introduction only. Set for May 1 hearing.
K. ORDINANCE HEARINGS
7
(a) Ord. 90-11 "Authorizing the Lease of Five Acres at the
Kenai Landfill Site for Use a a Privately -Operated
Solid Waste Transfer Site" (Mayor) POSTPONED
ASSEMBLYMEMBER GLICK MOVED THE ENACTMENT OF ORD. 90-11.
Mr. Brown reported Local Affairs/Lands Cmte. had a do not pass
recommendation.
Public hearing was opened.
Marge O'Reilly, Kenai City Councilmember, urged defeat of the or-
dinance, stating Kenai residents feel strongly that as equal
bearers of the tax burden in the Borough they are not being
fairly provided for in regard to waste collection.
Kevin Walker, Kenai City Councilmember, urged the ordinance not
be enacted at this time as the zoning issue has not yet been ad-
dressed by the council. He suggested consideration of Ord. 90-23
prior to this one. He had a question as to whether the lease
agreement given the borough for use of the property was valid
without a zoning modification. He also was unsure if it could
include participation by private enterprise.
?ublic hearing was closed.
ASSEMBLYMEMBER MOOCK MOVED TO AMEND TO THE NASH SUBSTITUTE 90-11.
ASSEMBLYMEMBER NASH MOVED TO POSTPONE ORD. 90-11 UNTIL AFTER A
]DETERMINATION HAS BEEN MADE ON ORD. 90-23.
ASSEMBLYMEMBER HODGINS MOVED TO AMEND THE POSTPONEMENT TO THE
NEXT MEETING (APRIL 17). THERE WAS NO OBJECTION TO THE MOTION.
(b) Ord. 90-23 "Amending Chapter 10.04 of the Borough Code
to Provide Non -Commercial Free Public Use Solid Waste
Disposal Facilities in First Class and Home Rule Cities
and at Heavily Used Seasonal Locations and for Receiv-
ing Stations for Oil and Household Chemicals" (Glick,
Brown, Superman, Nash)
ASSEMBLYMEMBER BROWN MOVED THE ENACTMENT OF ORD. 90-23.
Mr. Brown reported the Local Affairs/Lands Cmte. had a 4-2 vote
against enactment.
Public hearing was opened.
r[arae O'Reilly, Kenai, commented as the largest population com-
munity in the borough it was unreasonable and unfair to ask its
residents to drive 15 or more miles to dispose of their refuse.
She did not think the roads could stand the extra traffic.
�;evin Walker, Kenai, urged the enactment of Ord. 90-23.
Dennis Randa, Cohoe Loop, commented when he left Oregon in 1974
it cost $8.00 to dump refuse. He felt the 1990's should bring a
more rational approach to solving the refuse problem.
Bruce Shirmers, Soldotna, addressed the positive aspect of provi-
sion for hazardous wastes such as oil and chemicals which at
present he has found no way to dispose of.
Public hearing was closed.
Mr. Nash stated paragraph B(2) made sense because for many of the
Kenai residents, the Nikiski transfer site was closer than the
Soldotna Landfill. Increased trips to that site which is near an
8
elementary school, a recreation site and on a narrow gravel road
could prove dangerous. Also to be considered would, be the in-
creased cost and impact on the road to have the extra refuse
trucked to Soldotna. B(3) providing seasonal facilities ad-
dressed a problem more critical in the Soldotna area where
fishermen filled numerous dumpsters in the summer. B(4) provided
for dangerous waste materials that should not be put into the
landfill.
ASSEMBLYMEMBER HODGINS MOVED TO DELETE PARAGRAPHS B(3) AND B(4).
Mr. Atkinson supported the deletion of B(3) believing dumpsters
would be provided on an as needed basis without opening
"Pandora's Box".
Mr. Superman agreed with the deletion of B(3) but not B(4)
believing more services need to be provided for the disposal of
wastes such as used motor oil which could later cause greater
harm and cost to correct. He noted provision has already been
planned for the Soldotna and Seward sites, but the more in-
dustrial and more populated area has not been provided for.
M:-s. Moock reminded members it was to save the taxpayers a lot of
money that the greenboxes were removed from numerous locations.
The idea of safely disposing of hazardous wastes is important,
but there should be some kind of fiscal note attached to the
program. The idea of providing disposal facilities for summer
tourists is also good, but upon inquiry, she found the suggested
number of boxes would cost $35,000 and they would not even be
available if the boxes requested by the City of Kenai are
provided.
Mr. Superman requested division of the question and called for
the question. The vote, to limit debate, failed by a vote of 6
yes to 9 no as follows:
YES: Sewall, Poindexter, Moock, Atkinson, Glick, Brown
NCI: Hodgins, O'Connell, Crawford, Skogstad, Mullen, Keene, Nash,
Superman, Walli
In. response to references to provisions for hazardous waste in
the coming budget, Mayor Gilman stated the plan calls for three
areas: the Homer and Soldotna Landfills and operations for
Seward. Capital expenditures for Homer and Soldotna are in the
budget but capital for the Seward site will come from bond funds.
There is no money in the proposed budget for a Kenai site. Han-
dling hazardous waste requires an attendant to be present when
waste is deposited, therefore one site in the Central Peninsula
was designated.
Pres. Skogstad passed the gavel to Vice Pres. Mullen in order to
comment he believes the Solid Waste Cmte. and administration must
come up with a plan for boroughwide hazardous waste provisions.
THE AMENDMENT TO DELETE B(3) WAS APPROVED BY A VOTE OF 12 YES TO
3 NO:
YES: Sewall, Poindexter, Hodgins, Atkinson, O'Connell, Crawford,
Glick, Skogstad, Mullen, Brown, Keene, Superman
NO: Moock, Nash, Walli
THE AMENDMENT TO DELETE B(4) WAS APPROVED BY A VOTE OF 9 YES TO 6
NO:
YES: Poindexter, Hodgins, Moock, Atkinson, O'Connell, Crawford,
Skogstad, Mullen, Walli
NO: Sewall, Glick, Brown, Keene, Nash, Superman
9
Mr. Sewall reported on their trip to New Orleans, they had ob-
served more municipalities are going for plan for consolidation
because of the extremely high cost of providing such facilities
under new regulations. He feared if recommendations for a dif-
ferent plan long range emerge from the committee's work, enact-
ment of the ordinance could be used to refute their decision. If
it could be seen as a temporary solution, he would be more com-
fortable with it.
ASSEMBLYMEMBER ATKINSON MOVED TO AMEND TO ADD AT THE END OF SEC-
TION 2, "and continue in effect until December 31, 1990 at which
time it is automatically repealed."
ASSEMBLYMEMBER BROWN MOVED TO AMEND THE AMENDMENT TO CHANGE THE
SUNSET DATE TO 1991. MOTION WAS DEFEATED, 3 YES 12 NO:
YES: Brown, Keene, Superman
NO: Sewall, Poindexter, Hodgins, Moock, Atkinson, O'Connell,
Crawford, Glick, Skogstad, Mullen, Nash, Walli
THE ATKINSON MOTION FAILED BY A VOTE OF 3 YES TO 12 NO:
YES: Atkinson, Brown, Keene
NO: Sewall, Poindexter, Hodgins, Moock, O'Connell, Crawford,
Glick, Skogstad, Mullen, Nash, Superman, Walli
ASSEMBLYMEMBER GLICK MOVED TO AMEND BY DELETING WORDING FOLLOWING
"CITIES" IN THE TITLE, AND THE 5TH AND 8TH WHEREAS CLAUSES WHICH
REFER TO DELETED B(3) AND B(4). MOTION APPROVED BY UNANIMOUS
CONSENT.
Mr. Crawford stated in regard to the word "free" in the or-
dinance, that residents of Seldovia pay for pickup of refuse or
deposit of it at the landfill. Mr. Boedeker stated that would be
a city ordinance, not affected by this ordinance.
In further discussion it was confirmed Kenai is the only city to
be affected by the requirement in Ord. 90-23 that facilities be
Located not more than 3 miles from a first class city as the
others already were within that range.
ASSEMBLYMEMBER MOOCK MOVED THE POSTPONEMENT OF ORD. 90-23 UNTIL
MAY 1 WHICH WAS DEFEATED BY A VOTE OF 3 YES TO 12 NO:
YES: Moock, O'Connell, Walli
NO:Sewa.11, Poindexter, Hodgins, Atkinson, Crawford, Glick,
Skogstad, Mullen, Brown, Keene, Nash, Superman
ASSEMBLYMEMBER ATKINSON MOVED TO AMEND B(2) BY INSERTING "in or"
FOLLOWING "facilities will be located". MOTION WAS APPROVED BY
UNANIMOUS CONSENT.
ASSEMBLYMEMBER HODGINS MOVED TO ADJOURN AND THE MOTION WAS
DEFEATED BY A VOTE OF 4 YES TO 11 NO:
YES: Poindexter, Hodgins, Moock, Walli
NO: Sewall, Atkinson, O'Connell, Crawford, Glick, Skogstad, Mul-
len, Brown, Keene, Nash, Superman
FOLLOWING FURTHER DISCUSSION, ORD. 90-23 WAS DEFEATED BY A VOTE
OF 7 YES TO 8 NO:
YES: Hodgins, Atkinson, Glick, Brown, Nash, Superman, Walli
NO: Sewall, Poindexter, Moock, O'Connell, Crawford, Skogstad,
Mullen, Keene
**ASSEMBLYMEMBER HODGINS GAVE NOTICE OF RECONSIDERATION.
10
(b) Ord. 90-18 "Appropriating $594,000 from the General
Fund Balance for Various School Minor Capital Projects"
(Walli/Moock)
ASSEMBLYMEMBER MOOCK MOVED THE ENACTMENT OF ORD. 90-18.
Mr. Nash reported Finance Cmte. had a unanimous vote for enact-
ment.
P.iblic hearing was opened and as no one wished to speak, was
closed.
ASSEMBLYMEMBER BROWN MOVED TO ADD TO SECTION 2, "The Bob Bartlett
School a Playground" IN THE AMOUNT OF $40,000, CHANGING THE TOTAL
TO $634,000.
Mr. Brown referred to a memorandum requested from the Legal Dept.
which states there is a legal obligation to provide some
reasonable level of service to Tyonek. There are no outdoor
sports facilities or playgrounds in the village, and it is a mat-
ter of equality. He stated the North Peninsula Recreation Serv-
ice Area has reserved $40,000 for this project and he intended
this to be matching funds to accomplish it.
Mayor Gilman reported the big problem with getting a playground
over the years was investing public money on private land. A
tentative agreement last spring was that the village would deed a
parcel across the road from the school to the school district or
NPRSA with a restrictive deed that it could only be used for
recreation purposes. Every year NPRSA budgets and contracts with
the village to provide a summer recreation program, but a
facility cannot be built today with the amount set aside by
NPRSA. He believed closer to $100,000 was needed to do it
properly. The school is the only one in the district with no
playground and he believed it should be on the list.
Mr. Sewall noted the passing of the midnight deadline for legis-
lative action, and asked administration to come up with real
costs, how it's ranked on the school board list, etc., by next
week.
Pres. Skogstad noted it was his intention to continue this meet-
ing on April 10 at 7:30 p.m. He suggested a Budget Worksession
could be scheduled for 5:00 p.m. and Finance Cmte. Chair Sewall
agreed with that schedule.
PUBLIC COMMENTS AND PUBLIC PRESENTATIONS.
oclyn Estes, Division of Governmental Coordination in the office
of the Governor, stated she serves as staff to the Coastal Policy
Council which oversees the Alaska Coastal Management Program.
She congratulated the borough on completion of the KPB CMP, en-
couraged its adoption and offered to answer any questions. She
gave a history of the development, revision and approval process.
Once the plan receives local, state and federal approval it is
filed with the Lieutenant Governor and becomes state law. After
that, whenever anyone proposes to place a development in the
coastal plain and applies for a permit, the KPBCMP will be
referred to to insure the proposal is consistent with the
policies in it. There will be new appeal processes available.
She referred to comments that the plan contained insufficient in-
formation on agricultural uses in the borough. She believed as
long as enforceable sections of the plan are not changed, such
information could be added to the resource, inventory and
analysis portion of the section without going through additional
review and approval. Another concern was regarding finfish farm-
ing. The state has an existing policy of a moratorium on finfish
farming and the plan supports that. Should the state's policy
11
change, there is a process for speedy amendment of the plan to
:retain its stance against it. She encouraged adoption as now ap-
proved.
Bruce Shirmers, Soldotna, referred to the summary of the Coastal
Management Program booklet provided generally, stating a person
could be misled in reviewing it for an intended use that might be
forbidden in the full length plan. He also referred to efforts
i:o begin a winter driver training program in the area. On the
subject of dump sites, he commented he has some old gas and paint
cans he would like to dispose of safely, if it was possible to do
o.
ASSEMBLYMEMBER GLICK MOVED TO RECESS THE MEETING UNTIL APRIL 10
AT 7:30 P.M. AND IT WAS APPROVED BY A VOTE OF 11 YES TO 3 NO:
YES: Sewall, Hodgins, Moock, Atkinson, O'Connell, Crawford,
Glick, Skogstad, Mullen, Keene, Walli
NO: Brown, Nash, Superman
LT. NOTICE OF NEXT MEETING AND ADJOURNMENT
Pres. Skogstad stated the assembly will meet in worksession on
the school budget at 5 p.m. to be followed by a review of the
borough budget with the continued meeting beginning at 7:30 p.m.
This meeting was recessed at 12:30 a.m.
Date approved April 17, 1990
Jam s W. Skogstad, As embly President
ST:
lTugh
roClerk
12
CITY
uoa� 4
_ 210 FIDALGO KENAI, ALASKA 99611
TELEPHONE 283 - 7535
FAX 907-283-3014
MEMORANDUM
TO: William J. Brighton, City Manager
FROM: Keith Kornelis, Public Works Director
DATE: April 27, 1990
SUBJECT: To Do List
FOR: Council meeting of May 2, 1990
The City. Council's "To Do List" of April 18, 1990 asked me to
report on the progress of cleaning streets. I am happy to report
that almost all of the streets have been swept or cleaned. Many of
the streets were given a once over and will need much additional
cleaning after the ice has melted out of the gutters. It took
Foster until last Monday to plumb his water truck for working on
streets. He was immediately hired to clean our strip paved streets
in VIP and Candlelight/Linwood area. With Mark working as the
Airport Manager this week and Ray out having an operation we only
had three (3) people on the street crew. We also have to get the
floating dock in during this weeks low tide. (The next one is a
month away.) Knowing the Council's desire to get the streets swept
as soon as possible I have been working the crew overtime.
The City Council's "To Do List" of April 16,'1990, asked me to
"analyze manpower situation closer". I assume this is in reference
to my budget request for one and a half additional people for the
Street and Airport crew.
The Street crew has had 5 1/2 people for over 15 years that we know
of. These 5 1/2 people have had their responsibilities
tremendously increased by:
1. Adding 15 - 20 miles of new streets to bring the total to
60 miles.
2. Adding large amounts of parking and ramps to the Airport
such as long term vehicle parking, rental car parking,
itinerant aircraft parking, fish plane ramp, huge ramp
extensions, grass and ski airstrip, FBO tie -down area and
road, and float plane area. This is equivalent to an
additional 15 - 20 miles of road.
Page 2
3. Adding new building parking lots such as additional
Public Safety parking, City Hall parking, Library
additional parking, Senior Citizens parking, Rec. Center
parking, Flight Service parking, additional Dock parking
and CAP parking.
4. Other duties that have been added include a lot of Dock
work, grading ballpark parking lots on Spruce, Coral,
Tinker, dust bowl and Lawton, Christmas lights and banner
installation and maintenance, Lief Hanson fountain,
Bernie Huss Fitness Trail parking and major maintenance,
shop and crew yard addition and ditch work, plowing,
sanding, sweeping, sealing, etc... associated with the
new streets and screening sand for airport and roads.
5. Every year more and more capital improvement projects are
added to the normal maintenance work of the street crew.
In the past it has been building large ball parks, Lief
Hanson Park addition, airport triangle, Senior Parking
addition, Airport fish ramps, rebuilding miles of road
and parking lots, and other projects. This year we hope
to build the Boardwalk, River Mouth Viewing Park,
Lawton/Tinker Ballpark and rebuild 5th off Birch, and
1st, 2nd, and 3rd off Forest. These are major projects
which will take our whole crew and a lot of time.
I have requested additional help in streets for the last 12 years.
All of the public opinion polls on surveys have revealed that
street maintenance should have been and should be the City's number
one priority. The City has made improvements as far as purchasing
needed equipment however we have never added another person in over
15 years.
Attached is a copy of Public Works Citizen Service Requests numbers
for April 1989 to March 1990. We average over 2 requests per work
day. These are the requests that are recorded and given to the
street crew. Many, many more are immediately radioed to the crew
and taken care of right away.
I am very proud of the amount and quality of work performed by our
street crew. They do two to five times more than any other City's
crews. It comes down to response time and level of service. With
one additional full time permanent employee in the street crew we
can perform our duties on the streets and airport faster and thus
raise the level of service.
If this position is added the Council could say that part of the
reason we are having a mil rate increase is to help increase the
level of service in street maintenance.
2(0
TO DO LIST
APRIL 18, 1990
KENAI CITY COUNCIL
1.
J. Ruotsala -
Schedule work session with Planning &
Zoning regarding lands encroachment problem and Sungate
encroachment,
4-25-90, 8:00 PM.
ftftib�- 2.
K__Kornelis
Report at 4-23-90 work session - progress
on cleaning streets.
3.
B. Brighton -
Report at 4-23-90 work session - status
of lease cancellation, Fred Meyer.
4.
J. Ruotsala -
Request of ABC - 30 day extension for
Merit Inn.
5.
J. Ruotsala -
Notify ABC - non -objection for Little
Ski-Mo.
6.
R. Ernst - Make video of Airport Comm. training
session.
7.
J. Ruotsala -
Notify Linda Wetzel of Library Comm.
appt.
8.
J. Williams -
Send letters to Air Force, CAP re/T-33.
9.
B . Brighton
- Submit Fred West request for land
purchase to Harbor Comm.
jr
TO DO LIST
APRIL 16, 1990
BUDGET WORK SESSION
1. S. Carter - Find model of Ames Bridge for Bicentennial.
2. S. Carter - Check on request for donation from API for
Bicentennial.
3. C. Brown— Check on Kenai Caucus and Resource
Development Council dues for 1990-91.
4. _K. Kornelig - For Sept. meeting, proposal for pilot
project for driveway plowing.
5. K. Kornels'- Check on prices for water tank and sander
truck-----�
�►� 6. '.K. Korneli�s - Analyze manpower situation closer.
7. J.. Ruotsala - Schedule next budget work session,
4•-23-90.
jr �K%
1791-1991
CITY OF KENAI
-Od 0apdai 4 4iae-i"'f
210 FIDALGO KENAI, ALASKA 99611
TELEPHONE 283 - 7535
FAX 907-283-3014
MEMORANDUM
TO: William J. Brighton, City Manager
FROM: Keith Kornelis, Public Works Director
DATE: April 13, 1990
SUBJECT: Citizen Service Requests received by Public Works
The following chart shows the number of service requests, each
month, received by Public Works from April 1, 1989 to April 1,
1990.
Date
Streets
Animal Control
Water/Sewer
Misc.
1989-
April
16
15
2
0
May
18
13
5
0
June
15
8
5
2
July
25
13
12
3
August
19
7
12
1
September
34
5
2
0
October
50
14
4
0
November
47
8
6
0
December
42
14
2
2
1990•
January
75
6
3
1
February
64
8
5
0
March
160
14
9
7
565
125
67
7
Airport
= 3
Of these service
requests three (listed in
miscellaneous)
were
requests regarding
the Airport
or Airport parking lot.
Please note that
the Animal Control
receives
many more requests
than are listed.
Most of their
calls are received directly through
the shelter.
CITY OF KENR
FOR COUNCIL I INFORMRTI OfN - May 2, 1990
Transfers of Funds under $1,000 (KMC 7.25.020)
Date
Department
Amount
From
To
Explanation
4/16/90
Senior Center
$ 840.00
R & M Supplies
R & M
Completion of Senior Center sign
4/17/90
City Manager
287.00
Communications
Small Tools
Replace office chair
4/18/90
Boating Facility
999.00
Contingency
R & M Supplies
Repairs to dock
4/19/90
Buildings
200.00
Transportation
Misc.
To pay for OSHA citations
4/26/90
Public Works
600.00
Transportation
Misc.
Account depleted by OSHA fine
510 STREET, SUITE 210
ANCHORAGE, AK 99501
PHONE: (907) 279-5350
FAX: (907) 258-3527
TO FAX NUMBER
TO: J l-j
FROM:
DATE: D
PAGES 1'R.A-NI SNIITTED, .NCLL'DING -Pr fS COVER
S EWN ', B Y: Lkj- LL4_
IF ANY PROBLEMS IN RECEIVING, CALL t9071' 279-5350
S!: I •,n r• CGit� �!±) •Ar.�lx�r,l�r, .-1�,t+na 4''ail'i
Ax
Ln!1-0-INSAVDPUEL[C AFVMAA LT.=..\ii
May 2, 1990
To: Mayor and City Council
City of Kenai
From: Ashley Reed
Re: Legislative Status Report - As of 4:00prn flay 2, 1990
1, The c"prati:i b>idget confere:;ce CaiTi[tlittee began today . The
niunloipal assistanCe 1:tie item is left open and Temair;s unresolved
at this time.
.Bill � 1 Appropriation to Fi,;heries B sin
Pri .ram for rn inic ipalities affected by coil spill - This bill is
currently in Senate Finance. Although substantial effort has l`sen
associwed with the passage of this legislation, it 3$ my ophlion that
this bill, for all practical purposes, is dead. The State (i.e.
Lepaitm--nt of revenue and the Attorney general's office) app airs
he -Nit ctw <-] push i7;j bill because of incomplete claims, e�c,
Addiflonally, Exxon testified yesterday that no Claim for th se
tend It�3 been made and that they would be willing to settle oiic.
all th? statistics are in and a claini is filed. Senator Binkley
eic �,►_ ",d s C4roacli. The Stare s i; `ti, v. 1 tf ;,, ,r r 1 l th o.t.d .f L-rlt w it s
t1w, mu-4tictp.alities and Exxon to retch sCIttiemer!t on this, issue
later tlii s sun-imcr.
'' C' _; `` 10( e:��Y i, `'i l be fcir`h°;tr��itig 3eS'eral �l(li:LllilE i2IS i[l:1
is olniatiorj tha, ;':li lbe !ireful to this Cnd.
p tll F31 JUe[ - .Zi +i C NMI,; j1hCT' i$ TIOf1hing wl the " ..,,t =},� u
1u-ivt. or '< :,ail>1u1 l;Ti .rgy curia OR EF}, An 'f%.YB rl= ti.j--i .rnprIa, . f0n
ias 1 cse-d r`le Sen3t-- some nlr,, oy for Ie
,.�� �trrt.Y • �ilitc .•`. 1.> •t�[!CilO�:,�2. °i�,�cn.:; si'•)�,l�l
�9l'iI s�'1 `3S_" Nl�l(•+L�i} �7h-.iil�
Kenai Congregate Housing Project; however, the House appears to
Dave no intention of accepting the Senate's version. The current
House draft of RBEF includes $2 million for a firs~ training facility
in Kenai and $2.6 million for the borough's solid waste program.
If Senate Sill 108 passes, thin funding would be provided for the
It
fire training facility which in turn means these funds would be
available for the Kenai Congregate Care Project.
Currently, it appears that each legislative district will be given a
minimum of $3 million in discretionary funds. Additionally, the
Governor is proposing $300,000 for Kenai sewers. Based on this
information and all the other rumors and discussions in the
capitol, my wild guess is that we will end up with somewhere in
the $2 million plus range for Kenai Congregate. Care.
4. SS H13218(FI//NL-
,6U A,tw1 ;fig
the authority of the
Alaska
Nousi 'ingneg,
Corporation to assist
in the develo2ment
O;
congregate
housing_... - This bill has
passed the house and
has
worked its
way through the Senate, passing out of Senate
Finance
yesterd 3y.
It is now in Senate Rules
and is expected to pass.
You
may want
to review this legislation to determine if such a
program would be useful to combine
with any grants you
:night
rCceive for
congregate housing.
5. HB220 - i underground storage tanks - The current version
includes municipalities and makes them eligible for assistance
regarding their underground storage tanks. This bill has passed
the House find is currently in the Senate Finance Committee. The
FinPn; e Committee heard the bill twice today and it will t e
scheduled again for tomorrow.
n. The above list is in no way intended to be exhaustive but rather is
an attempt to update you to some of the issues irnportunt to Kenai.
I apologize fo the lack fo specifics; however, 1 expect that even
some of this information will he outdated by the tine of the
council meeting this evening.
If you s .t',t.ld have any qu stions of need any further ififormall-011,
please Alt ?lot hesitate to contact. me.
C17'Y OF K.NA1-LtG VPDAIE 512190 page 2
24 THE NATIONAL LAW JOURNAL Monday, April 16, 1990
SUPERFUND'S' wide-ranging lia-
bility scheme embraces anyone
who owned or currently owns fa-
cilities where hazardous wastes were
deposited, anyone who transported the
wastes there and anyone who "ar-
ranged for" disposal, treatment or
transportation of the wastes.' Subject
to very limited defenses, such people
have been held to be strictly, jointly
and severally liable for all costs of
cleanup, as well as "damages to natu-
ral resources."'
Costs can be high: The Environmen-
tal Protection Agency has estimated
that the cost of cleaning up an average
Superfund site is approaching $25 mil-
Ilon.' Moreover, the expense of litlgat-
1ng Superfund cases, whose defendants
sometimes number hundreds, can easi-
ly outstrip the costs of the underlying
cleanup.
Direct involvement In hazardous
waste disposal is not a prerequisite to
being "on the hook." Plaintiffs, includ-
ing governmental agencies, have taken
advantage of the broad language of Su-
perfund to bring within Its ambit com-
panies and Individuals who were re-
lated only tangentially to waste
disposal activities — including corpo-
rate parents and successors- In -inter-
est.
Until recently, the courts seemed re-
ceptive to expansion of liability. But
recently two courts — the 5th U.S. Cir-
cuit Court of Appeals in Joslyn Manu-
facturing Co. v. T.L. James h Co.' and
the U.S. District Court for the Eastern
District of Michigan In Anspec Co. v.
Johnson Controls Inc.' — applied the
brakes. In strongly worded opinions,
each court reviewed the language of
Superfund and held that the defendant
Courts have been more
conservative in piercing
the corporate veil than
the broad language of
the decisions indicates.
corporations — a parent corporation In
Joslyn, a successor -in -interest in An -
spec — were not within the statutory
liability scheme.
Are these cases mere aberrations?
Or do they signal a real swing of the
pendulum away from expansive theo-
ries of Superfund liability? If the latter,
can the Superfund cleanup program
survive without access to these "deep
pockets"?
JOSLYN INVOLVED a creosoting
company in Bossier City, La.
James & Co. owned Lincoln Creo-
soting and had significant representa-
tion on Lincoln's board of directors.
Lincoln, however, was run as an inde-
pendent company, with Its own offi-
cers, employees, payroll„ bank
accounts and operations.
Lincoln was sold to Joslyn, which op-
erated the plant for about 20 years be-
fore selling it to another company. The
property then passed through a suc-
cession of owners. The Louisiana De-
partment of Environmental Quality
subsequently ordered Joslyn to clean
up the site. Joslyn claimed that James,
as a former owner of Lincoln, should
contribute to the cleanup costs.
The U.S. District Court for the West-
ern District of Louisiana granted
James' motion for summary judg-
ment', and the 5th Circuit affirmed.
The appellate court's rationale was
simple: Superfund does not define
Mr. Freeman is a partner in I he Ncu)
York office of 11oltzmann, Wise & Shep-
ard and head of the firm's environmen-
tal law group.
ENVIRONMENTAL LAW
By David J. Freeman
Two Recent Decisions Restrict
Superfund Vicarious Liability
"owners" or "operators" as Including
parent companies, nor does the legisla-
tive history Indicate Congress' Intent
to alter basic corporate law in this
area. In the absence of an explicit con-
gressional directive, the court refused
to expand Superfund's liability to hold
parent, corporations directly liable for
their subsidiaries' acts.
The court then analyzed the factual
record using the traditional common
law tests for piercing the corporate
veil. Did the parent use the subsidiary
as a sham or to perpetrate a fraud?
Did the parent so totally dominate the
subsidiary that the latter had no auton-
omy or separate corporate existence?
Finding that there was no evidence to
justify piercing the veil under these
traditional common law concepts, the
appeals court affirmed the lower
court's grant of summary judgment
At first glance, it appears that Jos-
lyn marks a sharp departure from ear-
lier court holdings on this subject.
These earlier decisions — including
U.S. v. Northeastern Pharmaceutical A
Chemical Co.', Arne York v. Shore Real-
ty Corp.', and U.S. v. Kayser -Roth
Corp." — ace to endorse an expansive
reading of Superfund's ability to reach
parent corporations.,. _ I ,
A closer analysis of these decisions
reveals, however, that they did not de-
part very far, if at all, from traditional
common law concepts of corporate lia-
bility. In Northeastern Pharmaceuti-
cal, for example, the 8th Circuit
seemed to articulate a broad theory of
liability, embracing anyone who had
the "authority to control" waste
disposal."
It then held liable a corporate officer
who was present at the plant site and
personally arranged for the disposal In
question. His liability was based on a
traditional theory — direct liability for
his own actions — rather than on his
"authority to control." Having found
direct liability, the court felt it unnec-
essary to consider whether the facts
justified piercing the corporate veiL"
Similarly, In Shore Realty, the 2d
Circuit held the sole officer and stock-
holder of a corporation directly liable
for his own actions as an "owner/oper-
ator" of the waste disposal facility. The
court expressly declined to pierce the
corporate veil, holding that the state's
allegations were Insufficient to justify
doing so under traditional common
law standards."
In Kayser -Roth, the U.S. District
Court in Rhode Island did pierce the
corporate veil to hold a parent corpo-
ration liable for the acts of Its eubsid-
Lary. But the facts found by the court
— that the parent exerted "practical
total Influence and control over [the
subsidiary's] operations" and had re-
duced It to a "serf"' — would have jus-
tified piercing the veil under any
traditional common law analysis.
In short, courts have been much
more conservative in piercing corpo-
rate veils under Superfund than the
broad language of the decisions might
otherwise indicate. Seen against this
backdrop, the Joslyn decision Is a reaf.
firmatlon of courts' conservative In-
stincts In this area, rather than It
dramatic retreat from earlier pre-
cedents.
ANOTHER MAJOR source of vi-
carious liability under Super -
fund has been the law of suc-
cessor liability. Corporations are
finding that companies they divested
or merged Into many years ago had
environmental problems that are just
now coming to light.
In contrast to the corporate veil Ild-
gatlon, courts In addressing successor
liability under Superfund have never
strayed very far, even rhetorically,
from traditional common law con-
cepts. As with parental corporate lia-
bility, the statute itself is silent on the
liability of successors -in -interest. De-
spite the absence of explicit statutory
language, It has been generally accept-
ed that common law rules would gov-
ern successor liability under Su-
perfund Purchasers of stock would
almost automatically Inherit liability;
purchasers of assets would not, except
to the extent the transaction fell within
four well -recognized exceptions." In the context of the almost -settled
law in this area, Anspec stands out as
art anomaly. in Amvpec, the plaintiff, a
current landowner, sued Johnson Con-
trols, the corporate successor of UI-
traspherics. Uitraspherics allegedly
had disposed of hazardous wastes at
Its plant site and then sold the property
to Anspecx --�._ r .-... „- - —1 _.
The U.B. District Court's analysls in
Anspec was remarkably similar to the
5th Circuit's reasoning In Joslyn. It not-
ed that Congress had established four
categories of Potentially Responsible
Parties under Sec. 107(a)." Because
successor corporations were not
among those categories, they were be-
yond the scope of Superfund's liability
scheme. To the argument of public pol-
icy, the court's answer was simple: If
Congress' idea of public policy Is to
Include successor corporations In the
liability scheme, it should say so
directly.
There is one big difference between
Anspec and Joslyn. The Joslyn court
was prepared to hold the parent liable
If it could do so under the traditional
common law approach of piercing the
corporate veil. It merely declined to
adopt a liability standard under Super -
fund that was more expansive than the
common law. The Anspec court, how-
ever, rejected the common law stan-
dard. It took the "strict construc-
tionist" view that liability could not be
successfully asserted against an entity
not explicitly Identified In the statute.
The Anspec court's approach is prob-
lematic for at least three reasons.
First, there Is evidence In the statute's
legislative history that Congress in-
tended that courts consider common
law precedents In Interpreting Super-
fund's statutory provisions." Second,
normal principles of statutory con-
struction suggest a role for common
law principles In interpreting statu-
tory language, even in the absence of
an express congressional directive."
There Is a third, more practical, rea-
son that Anspec Is not likely to stand
the test of time. The potential gap in
the liability scheme, should successor
corporate liability be found inapplica-
ble, would simply be too great for the
program to absorb. There is little
doubt that If the Artspec decision is fol-
lowed by other courts" or upheld on
appeal, Congress will promptly amend
the statute — and do so with retroac-
tive effect
AS SUPERFUND cleanups be-
come ever more expensive,
courts will continue to struggle
mightily with the issue of who Is re.
aponsihle for funding the enormous li-
abilities Involved. Vicarious liability of
corporate parents and successors -in -
interest will continue to be a key
battleground.
In the absence of further statutory
amendments, courts can be expected
to continue to seek guidance from com-
mon law concepts in areas In which the
statute Is otherwise silent. They are
likely to reject novel, expansive theo-
ries of parental corporate liability un-
der Superfund. That does not mean
parent companies are "home free';
they will still need to establish the cor-
porate separateness of their subsidiar-
les' operations under traditional com-
mon law standards. The specter of
virtually automatic Superfund liability
for subsidiaries' hazardous waste ac-
tivitiea, however, should recede over
time.
For the very reason that Joslyn Is
likely to be a decision in the main-
stream of Superfund jurisprudence,
Anspec Is not. While not reaching out to
create novel standards for successor
liability under Superfund, courts will
probably insist on holding liable com-
panies that satisfy the common law
criteria for successors -in -interest.
As to vicarious liability under Super -
fund, courts are likely to confound at
least two groups of litigants. Courts
will generally not be receptive to de-
fendants who argue for a narrow,
"strict constructionist" view of Super-
fund's statutory language. But, In all
In strongly worded-..,: •;::
opinions, two courts '
held that the defendant
corporations were not
liable under Superfund.
probability, they will also disappoint
those plaintiffs who contend that the
public policy expressed by environ-
mental laws requires that they be con-
strued automatically to supersede
traditional standards of liability.
(1) 42 U.S.C. 9601. et seq.
(2) Id. at 9607.
(3) See. e.g., New York v. Shore Realty Corp.. 759
F.2d 1032, 2042 (2d Cir. 1965) (,lrlcl liability); U.S.
v. Chem Dyne Corp., 572 F. Supp, 902, 910 (S.D.
Ohio 1993) (Joint and several liability).
14) U.S. EnvironmentalProtectlon Agency, A
Management Review of the Superfund Program
(1989).
(5) 893 F.2d 80 (5th Cir. 1990).
(6) 1989 U.S. Dist. 1—to 13329 (E.D. Mich. Sept
25. ISM.
(7) 696 F. Supp. 222 (W.D. f.a. 19881.
(8) 810 K2d 726 olth Cir. 1980), cert. denied. 108
S. Cl. 140 (3987).
(9) 759 F.2d 1032 (2d Cir. 1995).
(10) 724 F. Supp. 13 (D.R.I. 1989).
(111 810 F.2d at 743.
(12) Id. at 744.
(13) 759 F.2d at 1052.
(14) 724 F. Burp. al 18-19.
(15) See, e,g., Smith Land i Improvement Corp
v. Ceiniex Corp.. 951 F.2d 6a (3d Cir. INA). cert.
denied, 109 a. Ct. 937 (1989). The exceptions are (1)
where liability in expressly or Impliedly assumed
(are, e.g., Southland Corp. v. Ashland Oil Inc. 096
F. Supp. 994 (D.N.J. 1988)); (2) when there Is a de
facto merger !see, e.g., 1n re Achuahnet River, 712
F. Supp. 1010 (D. Mass. 1989) ); (3) when there la a
mere conttnustion of the business (cr. City of Phil.
adelphia v. Stepan Chemical Co- 713 F. Supp. 1491
(F-D. Pa- 1989)); and (4) where there to a fraudu-
lent transfer (cf. t.oulelana-Pacific Corp. v.
Asarco Inc., 29 E.R.C. 1450 (WD. Waah. Feb. 9,
1960))
(16) 42 U.S.C. 9607(a).
(17) See, e.g.. 126 Cong. Ran H21787 (dally a&
Dec. 3, 1980) (remarks of Representative Florio).
(18) See, e.g., E.F..O.C. v. Anchor Hocking Corp-
666 F.2d 1037, 1042 06th Cir. 19911; Tarpon v. Saxbe.
007 K2d 1116, 112233 n. 14 (D.C. Cir- 1911).
(19) Court decisions rendered since Ansiu•e SUN -
gat that its analysis Is not likely to be wldeiy
adopted. See, r. g.. U.S. v. DWI— Nos. 98 0200 L(J),
M 0201 1.(3) (WD. Ky. Feb. 9. 1990) Isurcessor
Ilabillty appropriate under Superfund).
KENAI COMMUNITY LIBRARY HOURS: M-Thurs. 8:30a - 8:00p
163 Main Street Loop a Nice people use the library. F-Sat. 8:30a - 5:00p
Kenai, Alaska 99611 TELEPHONE: 283-4378
(0"Sunday Monday Tuesday Wednesday Thursday Friday Saturday
2 - 3 Preschool 4 _ � `�- , - 5
Storyhou-r Cinco 0
each Thursday de z
10:30 - 11 :30 �. Mayo r'
ro
Nellie Bly y
National Day of
May Day Pra er Anniversary 0
z 6 7 8 9 10 _ 11 12 z
o Be Kind to An' is Week x
National Hospital Week
x National Wildf wer Week
H -
National Postcerd Week-
w Clean Air Week
x Birthday of M1 Golden Spike Birthday of
National Fami13 Week VE Day Sir James Barrie Anniversar
F' Mother's
z 13 Day 14 15 Totem Tracers 16 17 18 19
w
7:00p KENAI
CLEANUP.
National Prese ation Week DAY
44 National Poli Week National o
National Tr a sportation Week Employee Health Cartoon Apprecia.ion _Week
*ALASKANA FI S SHOWN EACH DAY AT 2:00 PM* & Fitness Day
H'
20 21 22 National 23 24 25 26
z
Maritime Day First live
me
Lindbergh Radio broadcast
.Flight Anniv. from Mt. McKinl C
x _ Nikiski summit, 1984 KCRS z
z � � .� Graduation Graduation 0
z World Trade Wk. Arbor Da x
y International P kle Week - 6-3 y
,� 27 28 Memorial 29 30 31
x
Day
w
LIBRARY / Better Sleep Month
E' CLOSED SOHI
P Graduation JJ
OLDER AMERICAN MONTH NATIONAL DUCKLING MONTH
MOTHERS GR°°TEST
THINGS
Mothers are People who cook things.
Like breakfast or lunch or a snack.
Dexterous People who hook things
That button or zip up the back.
Mothers are People who blow things.
Balloons and kisses and noses.
Green -thumb People who grow things
Like ivy and puppies and roses.
Mothers are People who send things.
Like letters and strawberry tarts.
Magical People who mend things
Like blue jeans and elbows and hearts.
Mothers are People who find things.
Like mittens and homework and germs.
Fussbudget People who mind things
Like cusswords, snowballs and worms.
Mothers are People who sweep things
Like porches and cobwebs and rugs.
Softhearted People who keep things
Like artwork, report cards and hugs.
Mothers are People who nurse things.
A boy or a girl or a spouse...
And all in all there are worse things
Than a Mother to have in your house.
May 1 - Mother Goose Day: "Either alone or in.
sharing, read childhood nursery favorites
and feel the warmth of Mother Goose's
embrace."
May 5 - Cinco de Mayo: Mexican National holiday
recognizing the anniversary of Battle
of Puebla, in 1862, in which Mexican
troops under Gen. Zaragoza outnumbered 3
to 1, defeated invading French forces of
Napoleon III.
May 13 - Windmill Day in Netherlands: 950
survive, and some 300 are still used
occasionally and have been designated
national monuments by the government.
May 19- KENAI CLEANUP DAY: Join other members
of the community in sprucing up our
town. Call Chamber of Commerce for
more information. 283-7989
May 28- MEMORIAL DAY OBSERVANCE. The Library
will be closed.
Congratulations to all of the graduates in
our community. We wish you well in your future
endeavors.
ALASKANA FILM SHOWINGS AT 2:00 PM EACH DAY
WILL BEGIN ON MAY 15.
Keep your Mind in Shape
sign? 11 slow
Go for.it! Use your library!
L
cap-�C-' V -14l-T-r'� �ca.,7- 77 ' �✓s
TO DO LIST
MAY 2, 1990
KENAI CITY COUNCIL
J. Ruotsala - Notify Bill Altlan of Library Comm.
appointment. o r- . ^,
J. Ruotsala - Notify Jeff --of EDC appointment.
J. Ruotsala - Advertise in pa er for Personnel
3.
Arbitration Bd. members.
J. Ruotsala - Schedule work session for May 14, 7:00 PM
�.
to interview Clerk applica s.
Serve fruit tray.
o-�b. Copy applications a Clerk's review for each
Councilmember.
5.
K. Kornelis - Check on se of shaded plexi-glass for
airport stair cover i tead of glass being used now.
6.
J. Williams - Send 1 ter of thanks to HEA for
installing banners.
7.
J. Williams - Send etter to F&W requesting them to
paint buildings i Old Town for Bicentennial.
8.
J. Williams - Co act Leon & Mary Quesnel
re/participatio in Hospital Board.
J. Ruotsala - tice of Reconsideration for May 16
meetin - RIP iscussion