HomeMy WebLinkAbout1990-05-16 Council PacketKenai City Council
Meeting Packet
May 16, 1990
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Janet Ruotsaia, CMC/AAE
City Clerk
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AGENDA
KENAI CITY COUNCIL - REGULAR MEETING
MAY 16, 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 Mir.l
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1. Kris Ericksen - Airport Public Relations
7 2. Steve Peloza - Use of Beach North of River Mouth
C. PUBLIC HEARINGS
1.
Ordinance 1369-90
- Increase Rev/Appns
- Council
on Aging, Borough
Fund - Janitorial Service.;
-
$720
2.
Ordinance 1370-90
- Replacing Tables in
Personnel
Regulations - Salary Structure, Hourly
Rates,
3.
Ordinance 1371-90
- Amending KMC 23 -
Uniform
Allowance, Police
Dept.
4.
Ordinance 1372-90
- Amending KMC 23 -
Adding Job
Classification -
Sewer Treatment Plant
Operator
5.
Resolution 90-20
- Setting Percentage
- Lease of
City Lands
6.
Resolution 90-21
- Transfer of Funds -
Repairs to
City Hall Ventilation
- $9,000
7.
Renewal of Liquor
License -
Kenai Merit Inn
8.
Tidelands Lease Application - Tract C
- Larry
Powers
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
1. *Regular Meeting, May 2, 1990
F. CORRESPONDENCE
G. OLD BUSINESS
1. Cook Inlet Housing Proposal
a. Request Item Moved to B-1
2. RIP Program - Reconsideration
3. OEKOS Request
H. NEW BUSINESS
1. Bills to be Paid, Bills to be Ratified
2. Requisitions Exceeding $1,000
3. *Ordinance 1373-90 - Increase Rev/Appns - Float
Plane Basin - FAA Grant - $66,782
4. *Ordinance 1374-90 - Adopting Annual Budget -
1990-91
5. Ordinance 1375-90 - Increase Rev/Appns - Senior
Day Care - State Grant - New Employee Training -
$722
a. Public Hearing - Ordinance 1375-90
6. *Ordinance 1376-90 - Amend Zoning Map - Lands
Adjacent and Including Spur S/D #9 (Senior
Citizens Center)
7. Approval - Vacation of Utility Easement - Redoubt
Terrace S/D - HUD/Integrity Surveys
8. Approval - Lease Modification & Extension of
Note - Decor Inlet Industries - CIIAP
9. Approval - Amended Agreement - C. Cone - Cone
Tract A-1B
I. ADMINISTRATION REPORTS
1. Mayor
2. City Manager
3. Attorney
4. City Clerk
a. Review of Job Applications
b. Final Performance Evaluation
5. Finance Director
6. Public Works Director
7. Airport Manager
J. DISCUSSION
1. Citizens
Z. Council
K. ADJOURNMENT
MAY 16, 1990
INFORMATION ITEMS
1. Kenai Borough Minutes - April 17, 1990
2. Kenai Borough Minutes - April 10, 1990
3. Resource Development Council Newsletter - April 1990
4. Kenai Borough Emergency Planning Committee Bylaws
5. TO DO List - May 2, 1990
6. City Calendar - May 1990
7. Kenai Chamber of Commerce Newsletter - May 1990
8. Library Report - April 1990
9. Pull Tab Report - DAV
10. Kenai Borough Agenda - May 15, 1990
11. Harbor Rate Schedule - 1990
12. Transfer of Funds Under $1,000 - May 1990
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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 90-18 - Transfer Within Water & Sewer
Fund - Repair of Sewer 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.
Library
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, Kenai R. Boat Ramp
G. OLD BUSINESS
1. Cook Inlet Housing Agreement
H. NEW BUSINESS
1. Bills to be Paid, Bills to be Ratified
2. 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 - Increasing Uniform
Allowance
- Police Dept.
6.
*Ordinance
1372-90 - Amend KMC 23 - New Job
Classification
- Sewer Treatment Plant Operator
7.
Discussion
- RIP Program
8.
Discussion
- Lands Encroachment
I. ADMINISTRATION REPORTS
L.
Mayor
.2.
City Manager
3.
Attorney
4.
City Clerk
a. Review of Job Applications
D.
Finance Director
6.
Public Works Director
7.
Airport Manager
J. ]DISCUSSION
L. Citizens
2. Council
K. ADJOURNMENT
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KENAI CITY COUNCIL - REGULAR MEETING - MINUTES
MAY 2, 1990 - 7:00 PM
KENAI CITY HALL
MAYOR JOHN J. WILLIAMS PRESIDING
STUDENT GOVERNMENT COUNCIL:
A. CALL TO ORDER
Student Mayor Shawna Nordenson called the meeting to
order.
A-1 Pledge of Allegiance
A-2 Roll Call
Present: (Student Representatives) Shawna Nordenson,
Heavin Bortz, Celeste Culbertson, Cathy Hogg,
Cecilia Lim, Melanie Reid, Isaul Verdin
Absent: (Student Representatives) None
Present: (Council) Hal Smalley, Linda Swarner, Kevin
Walker, John Williams, Ray Measles, Christine
Monfor, Marj O'Reilly
Absent: (Council) None
A-3 Introduction of Student Government Representatives
Sue Jenkinson, KCHS teacher, was also introduced.
A-4 Agenda Approval
MOTION:
Student Rep Hogg moved, seconded by Student Rep Bortz,
to approve the agenda as submitted.
Motion passed unanimously by roll call vote.
A-5 Consent Agenda
MOTION:
Student Rep Bortz moved, seconded by Student Rep Reid,
to approve the Consent Agenda as submitted.
Motion passed unanimously by roll call vote.
ADDED :ITEM (Election of Student Vice Mayor):
MOTION:
Student Rep Bortz moved, seconded by Student Rep Reid,
to nominate Cathy Hogg as Student Vice Mayor.
Motion passed unanimously by roll call vote.
C. PUBLIC HEARINGS
C-1 Ord. 1364-90 - Increase Rev/Appns - Airport
Communications & Utilities - $8,250
MOTION:
Student Rep Hogg moved, seconded by Student Rep Reid,
to adopt the ordinance.
There was no public comment.
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KENAI CITY COUNCIL
MAY 2, 1990
PAGE 2
Student Rep Reid. What is all this going for? Is it
really necessary? Airport Manager Ernst. This is an
increase to pay additional costs that were incurred by
the airport. We put in emergency telephone lines from
the new elevator installed in the terminal. The
government channel line to the tower for non -emergency
use in contact with vehicles. A drop line in the float
plant basin for a pay phone used by the float plane
basin users. FAA directed a line from itinerant
parking in the airport to the flight service station.
The phone company found our emergency phone line had
not been on the books for 10 years.
Student Rep Hogg. What is the previous budget?
Airport Manager Ernst. I do not know. It was
estimated at $1800 this year, it was under estimate.
Student Rep Reid. Is there any way possible this money
could come from money made at the airport? Airport
Manager Ernst. It is from airport revenue land system
which derives its money from airport use and interest.
VOTE:
Motion passed unanimously by roll call vote.
Council concurred with the vote of the student
representatives.
C-2 Ord. 1365-90 - Increase Rev/Appns - State Grant, Senior
Day Care - $4,816
MOTION:
Student Rep Reid moved, seconded by Student Rep Hogg,
to adopt the ordinance.
There was no public comment.
Student Rep Bortz. In consideration that this is a
State grant, it is clear cut.
Motion passed unanimously by roll call vote.
Council concurred with the vote of the student
representatives.
-3 Ord. 1366-90 - Increase Rev/Appns - Library Donations -
$1,700
MOTION:
Student Rep Bortz moved, seconded by Student Rep
Verdin, to adopt the ordinance.
There was no public comment.
Student Rep Culbertson. Are library books lost or
damaged paid by the public? Librarian DeForest. These
are moneys that have been paid for lost books. In
order to use that money, we have to appropriate money
into the budget.
Student Rep Hogg. Where did this come from? From us
or the State? Librarian DeForest. Some was paid from
lost books, some from donations. If you lose books,
money must go to the City, then be re -appropriated.
Motion passed unanimously by roll call vote.
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KENAI CITY COUNCIL
MAY 2, 1990
PAGE 3
Council concurred with the vote of the student
representatives.
C-4 Ord. 1367-90 - Increase Rev/Appns - Council on Aging,
Title III - $10,600
MOTION:
Student Rep Lim moved, seconded by Student Rep Reid, to
adopt the ordinance.
There was no public comment.
Motion passed unanimously by roll call vote.
Council concurred with the vote of the student
representatives.
C-5 Ord. 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
MOTION:
Student Rep Bortz moved, seconded by Student Rep Lim,
to adopt the ordinance.
There was no public comment.
Student Rep Culbertson. What is wrong with the
taxiways that so much money is needed? Airport Manager
Ernst.. We are doing an overall project for the runway.
Last year we did A & B. These are Federal funds that
we accrued. They are on a 3 year program. This is to
use up the 3rd year money. We can only accrue for 3
years or they will revert. These are in the GAA area.
They have not been resurfaced in 10 years. There is a
need for a drainage plan for the whole airport. This
is just the engineering portion of the project.
Motion passed unanimously by roll call vote.
Council concurred with the vote of the student
representatives.
C-5a:
MOTION:
Student Rep Reid moved, seconded by Student Rep Verdin,
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.
There was no public comment.
Motion passed unanimously by roll call vote.
Council concurred with the vote of the student
representatives.
C-7 Res. 90-19 - Transfer Within Water & Sewer Fund -
Repair of Sewer Lift Stations - $8,870
MOTION:
KENAI CITY COUNCIL
MAY 2, 1990
PAGE 4
Student Rep Hogg moved, seconded by Student Rep Bortz,
to adopt the resolution.
There was no public comment.
Motion passed unanimously by roll call vote.
Council concurred with the vote of the student
representatives.
D. COMMISSION/COMMITTEE REPORTS
D-1 Council on Aging
Councilwoman Swarner. I was in Juneau last week,
lobbying for Congregate Housing. Betty Warren and
Program Director Porter are on their way back now. The
fashion show is May 19. The cookies for Council are
from the Senior Center.
D-2 Airport Commission
Airport Manager Ernst reported the Open House for the
terminal and airport is May 12.
D-3 Economic Development Commission
None
D•-4 Harbor Commission
Councilman walker reported he did not attend the
Special Meeting.
D•-5 Library Commission
Councilwoman Monfor reported one new member on the
Commission.
D--6 Parks & Recreation Commission
Councilwoman O'Reilly reported she did not attend the
last meeting. The next meeting is May 8.
D-•7 Planning & Zoning Commission
Councilman Smalley reviewed the minutes.
D-•5 (contd) Councilwoman Monfor. The Night of 1000 Stars
was held at the Library April 25. Librarian DeForest
added, it was held all over the U.S., Mayor Williams
told a story, there were about 200 people.
D-•8 Misc. Comm/Comm
Councilwoman Monfor. The Bicentennial Grant is still
in the Legal Dept.
E. MINUTES
-1 Regular Meeting, April 18, 1990
Approved by Consent Agenda.
MOTION Ratification:
Councilman Measles moved, seconded by Councilwoman
O'Reilly, to ratify the actions of the Student
Government Council.
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KENAI CITY COUNCIL
MAY 2, 1990
PAGE 5
Motion passed by unanimous consent.
K. ADJOURNMENT
Meeting of Student Government Representatives adjourned
at 7:35 PM.
REGULAR COUNCIL MEETING:
A. CALL TO ORDER
Meeting reconvened at 7:50 PM.
MOTION,, Ratification:
Councilman Measles moved, seconded by Councilman
Walker, to ratify the action of the Student City
Council prior to this session.
Motion passed by unanimous consent.
A-4 Agenda Approval
Mayor Williams spoke.
a., Item H-2 (Requisitions Exceeding $1,000) - Add
Eriksen Group, $2,322.07 and Atty. Rogers, $1,078.
b., Add item H-9 - Games of Chance & Skill, Catholic
Church - distributed this date.
c. Add to item I-2 (City Manager's Report) - Letters
regarding police liability training workshop and
Emergency Management Institute, distributed this
date.
d. Add to item I-4 (City Clerk's Report) - Memo from
Clerk Ruotsala regarding OEKOS, distributed this
date. I was at the Borough last night and
received copies of Borough Resolutions 90-36 &
90-43. There are 2 more resolutions in. They
have been postponed till May 15. These should not
be dealt with by the Borough. It would not be
good use of public moneys. Council may want to
discuss.
e. The letter from Lobbyist Reed was distributed this
date. Council may want to discuss.
f. The booklet about Borough senior citizens was
distributed this date.
g. Item F-1 (NOAA, Application to Discharge Sand &
Gravel in Wetlands) should be listed as Willow St.
Extension. Both permits are in public hearing
stage.
h. Delete item G-1 (Cook Inlet Housing Agreement).
i. Postpone item C-8 (Kenai Merit Inn Liquor License
Application).
Council approved the agenda as amended by unanimous
consent.
C-6 Res. 90-08 - Citizens Advisory Committee - Cook Inlet
Oil & Gas Industry
Mayor Williams. This resolution has to do with a
citizens advisory group that would be funded by Federal
funds. We have discussed this several times. There
have been other resolutions.
MOTION, Removed from Table:
Councilman Measles moved, seconded by Councilman
Smalley, to removed this resolution from the table.
dr-_.r
KENAI CITY COUNCIL
MAY 2, 1990
PAGE 6
There was no public comment.
Motion passed by unanimous consent.
MOTION, Amendment:
Councilman Measles moved, seconded by Councilman
Smalley, to replace Res. 90-08 with substitute Res.
90-08.
There was no public comment.
Councilman Measles. I am not too sure that this
resolution has any meaning for this year. The
Legislative session is drawing to a close. It speaks
to State regulations conforming with Federal
regulations to prevent development of these groups.
Councilwoman O'Reilly. If there is going to be such a
committee, it would behoove the City to have
representation.
Councilwoman Swarner. I don't see that the City would
definitely be on the committee. It just says Cook
Inlet area. Mayor Williams. That is what it is for.
Kodiak, Seldovia, Homer, etc.
Councilwoman Swarner. After having been in Juneau and
seeing how the other areas work with us, I cannot
support this.
Mayor Williams. There is probably going to be created
such a committee funded by Federal funds. Perhaps we
should have something saying, be it resolved that the
City of Kenai participate by having appointed one of
its citizens as committee member.
Councilman Measles. If you get into that situation,
you get into a committee of 100 people. The Federal
legislation will ask for 1-2 municipal representatives.
They would be from all cities affected by Cook Inlet.
All among themselves would determine their
representatives.
Mayor Williams. Have you seen any boundary outline for
this? Councilman Measles. I have seen about 3. I am
not sure which one is the front runner.
VOTE (Passed):
Yes: Smalley, Walker, Williams, O'Reilly
No: Swarner, Measles, Monfor
F. CORRESPONDENCE
F-1 NOAA - Application from City to Discharge Sand & Gravel
in Wetlands, Willow St. Extension
Approved by Consent Agenda.
G. OLD BUSINESS
None
H. NEW BUSINESS
H-1 Bills to be Paid, Bills to be Ratified
MOTION:
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KENAI CITY COUNCIL
MAY 2, 1990
PAGE 7
Councilman Smalley moved, seconded by Councilman
Measles, to approve the bills as submitted.
Motion passed by unanimous consent.
H-2 Requisitions Exceeding $1,000
Mayor Williams. There are 2 additions. The City Atty.
has been asked to come to Juneau to back us up in the
closing hours of the Legislature.
MOTION:
Councilman Measles moved, seconded by Councilman
Smalley, to approve the requisitions with the 2
additions, The Eriksen Group - $2,322.07 and Tim
Rogers - $1,078.
Councilwoman O'Reilly. Regarding the airport open
house, why should press releases be that expensive?
Airport Manager Ernst. I talked with Kris Eriksen
regarding this and reviewed different media she would
use - the Clarion and 2 Anchorage papers. There would
be 2 stories with photos.
Mayor Williams. Marathon produced quite a press
release. Part of her job is to write the story and
distribute. They would use her story as is. She is
charging about $70 per hour which is not out of line
for this type of work.
Councilwoman Monfor. Have the invitations and
brochures been done? Airport Manager Ernst. They are
set up and ready to go. If this is not approved
tonight, we will pull what we can.
Councilwoman Monfor. I have a problem - I do this in
my job. We are being charged for a lot of hours that
are over. We are a government entity, we are being
charged the maximum.
Airport Manager Ernst. I am not sure if this is just
hours with the computer. There are also hours in
discussion with Mayor Williams, the Airport Commission,
oil companies, etc.
Councilwoman O'Reilly. Regarding radio, the two
commercials. Isn't this something that could be
carried by radio as a public service? Airport Manager
Ernst. I suppose you could, whoever is there could do
it.
Councilwoman Swarner. I have a question with the
invitations. When will they be sent out? You cannot
get invitations 2 days before the date and get them
out.
Airport Manager Ernst. I can get her tonight and she
can send them out. I assume before the end of the
week. When she came to the April 18 meeting, she asked
if they had done anything and they had not. That is
why it was dropped to May 12 to give us time.
Councilwoman Swarner. I have a problem with spending
this much money and only 2 weeks. Airport Manager
Ernst. $1,750 is for food and entertainment.
Councilwoman Monfor. That is cheaper than the
advertising. Airport Manager Ernst. This is what you
wanted.
4- 1
K.ENAI CITY COUNCIL
MAY 2, 1990
PAGE 8
Mayor Williams. This is the 1st attempt at this. The
ad in Alaska Journal of Commerce was $1,500 for one ad.
Councilwoman Swarner. When we did the library
dedication, the invitations were one month before.
Mayor Williams. If they go out by May 4, they will
have 8 days.
Councilman Smalley. We are assuming she has already
talked to the printer and blocked time? Airport
Manager Ernst. Everything is ready to go. I did not
get this till Monday.
Councilman Measles. How many invitations? Airport
Manager Ernst. About 100.
VOTE (Passed):
Yes: Smalley, Walker, Williams, Measles, Monfor,
O'Reilly
No: Swarner
H-3 Ord. 1369-90 - Increase Rev/Appns - Senior Connection
Donation - $720
H-4 Ord. 1370-90 - KMC 23 - Replacing Tables in Personnel
Regulations, New Salary Structure and New Hourly Rates
H-5 Ord. 1371-90 - Increasing Uniform Allowance, Police
Dept.
H-6 Ord. 1372-90 - Amend KMC 23 - New Job Classification -
Sewer Treatment Plant Operator
Approved by Consent Agenda.
H-7 Disc. - RIP Program
Finance Director Brown. The State amended the RIP law.
Last time we used 3 year calculations. A current
employee (if he stayed 3 years) compared to a new one,
was compared to see if there was a savings. Only if
there was a savings could he retire. Now they have
amended it to 5 years, it there would be a savings. If
there is no savings, the employee can pay the
difference to create a savings. For example, if the
City pays and there is a loss, we would pay the State
the amount to reduce the cost, the employee would pay
enough to create a savings. That is adjusted
actuarially or in cash. They also allowed - the old
deadline was March 31, 1990 and retirement by Nov. 1,
1990. It is pushed back one year. The original 18 on
the list will be different. It would be about 2 months
before we know the people. We note there are some that
did not make it before that could now. what we need is
a determination if you want to open this up again. The
State exempted themselves. The Governor refused to
sign otherwise. It only applies to cities, boroughs
and schools. None of these calculations make sense to
me. I think you have a dilemma. Now that you have
opened the door, it is hard to imagine that other
employees would understand. I don't thing it is a
financial decision, it is a political and personnel
decision. It would benefit the employees.
Councilwoman Monfor. We have already opened the door
by having it available to the 1st crop. It would be a
shame on the part of the Council to shut that door. It
probably won't cost or save the City anything.
Councilwoman O'Reilly. It is the fair thing to do
since we have offered it already. We note there are 2
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KENAI CITY COUNCIL
MAY 2, 1990
PAGE 9
employees that would fall under this? Finance Director
Brown. The State said 18 people could, the City said 7
could. The other 11 showed a loss. Two said they want
to do it. Now they are eligible. For those 2 people,
they would not have to kick into it. The 5 year
prediction made them "savers".
Mayor Williams. The problem with extending 5 years is,
the State is struggling with economic projections of 5
months. I don't see how we can build a 5 year model.
The State has opened up a can of worms by doing this.
They are 200% behind their power curve by this. We are
retraining our large group and hiring a new group and
pushing new ones up the ladder. If we continue to open
up, we continue to move up. That is why the Governor
vetoed action.
Councilman Measles. I was opposed to RIP before
because it now opens doors we cannot close. I will
vote against it.
Mayor Williams. What is the deadline? Finance
Director Brown. We will have to draw up a resolution
for those 2 people very soon. Then I will wait for the
State to bring in a new list.
Mayor Williams. If Council decides to do this, I would
strongly recommend against using the 5 year model. We
are operating under the 3 year model. The 5 year would
be financial irresponsibility.
Councilman Smalley. Aren't those costs fairly well
fixed? Finance Director Brown. None are fixed but you
can reasonably fix between the old employment and new
employment ratio. It will affect them both the same.
Mayor- Williams. If we ran into a stiff inflationary
period and had to give them a stiff raise, would it
disrupt it? Finance Director Brown. You could have
double pay scales as the Borough does. The real hard
part of extending out is that you are dealing with
people that are ready to retire. The further this
extends, the more likely the employee will retire
without this problem. That is why I don't like the 5
year plan. I said we could adopt a new model with 3
year plan. I would have to get a legal opinion. I
asked PERS if we could stick to 3 year plan and he said
yes. But would the employees accept this?
Councilman Measles. On the 3 year plan, does that take
into consideration that the new employee step increases
will come in faster? Finance Director Brown replied
yes.
Mayor Williams. When do we have to have a resolution?
Finance Director Brown. I have to do something with
these 2 employees. They want to retire now.
Mayor Williams. If we add these 2 and keep at 3 years,
are we in jeopardy? Atty. Rogers. You can stick to 3
years and let them pay the amount, but I don't know how
accurate they will be.
Mayor Williams. We have to decide whether we want to
stay with 3 years or go to 5 years. Atty. Rogers. You
have a reopening of eligibility.
Mayor Williams. If we open the eligibility program, do
we adopt new legislation with 5 years? Atty. Rogers.
r r
KENAI CITY COUNCIL
MAY 2, 1990
PAGE 10
You can change rates. You can adopt a 3 year plan with
contributions.
Finance Director Brown. If I were going to act for
Council, I would reject or adopt this legislation in
its entirety. It might not be ideal to extend one
year, let the employee pay but let it stay at 3 years.
I don't know if the employee would understand how we
could piecemeal legislation. The State rejected it in
total.
Councilman Walker. I would like a work session. This
is on the agenda for discussion. Till we see a
resolution, we do not know what we are voting on.
Mayor Williams. We cannot create a resolution till we
direct Finance Director Brown what we want.
Finance Director Brown. I can draft a resolution to
add these 2 people. You would get another one when I
find out who the other people are.
Councilwoman O'Reilly. Don't we have to make a
philosophical decision whether we want 3 or 5 years?
Councilwoman Swarner. We don't need a work session.
Councilman Measles. We should follow the State lead
and reject.
Councilwoman Monfor. If we reject this, the 2 people
that want to retire, what option do they have? Finance
Director Brown. One can retire. The other would have
to work a couple of years.
Councilwoman Monfor. I go back to the statement - we
already went into this, we have an obligation to our
employees.
Councilman Measles. We don't have to go to a 5 year
plan. If we reject 5 years, do all the original people
of 3 years become eligible for the time period? Does
this legislation automatically open this time period?
Finance Director Brown. Not without your action.
Councilman Smalley. We have started it. I am
interested in 3 year adding these 2 employees.
Councilwoman O'Reilly. These two employees - were they
qualified one year ago? Finance Director Brown. They
were on the State list. But they were "losers." They
were not on the original resolution. If you have a 5
year plan, they are "winners." If you said you would
adopt a 3 year model and extend one year, the employee
can do it if they kick up the difference.
Councilman Walker. were these employees not able to do
it under the present model? Finance Director Brown
replied no.
Mayor Williams. a) The State rejected this. b) This
is a whole new piece of legislation. when we
originated this, we had no idea there would be new
legislation. Now we have a new problem. We don't have
to do anything with it. This is new legislation that
should stand on its own.
Councilwoman O'Reilly. I would be in favor of sticking
with 3 years and have the employee pay the difference
between 3 years and 5 years and let them buy back.
KENAI CITY COUNCIL
MAY 2, 1990
PAGE 11
Atty. Rogers. If you are going to go, I would urge you
to go with all or not go with the legislation.
Research I will get will not provide any answer. The
Atty. General's office would be guessing at best.
MOTION:
Councilwoman Swarner moved, seconded by Councilwoman
Monfor, to accept the new legislation.
Councilman Swarner. When we accept as is, it would be
5 years? Answer - yes.
VOTE (Failed):
Yes: Monfor, O'Reilly
No: Smalley, Swarner, Walker, Williams, Measles
H-8 Disc. - Lands Encroachment
Mayor Williams. Item info-8 goes back to 1983
regarding this. Councilman Measles. This is going to
P&Z. We need to get familiar with this but not discuss
it at this time.
Council took no action.
I. ADMINISTRATION REPORTS
I-1 Mayor
Mayor Williams spoke.
a. The Personnel Arbitration Board needs 5 members.
I am looking for people, they have to live in the
City.
b. We need a Library Commission member. I recommend
Bill Altland.
Council agreed to the suggestion.
C. We need an EDC member. I recommend Jeff
Belluomini. He is a banker.
Council agreed to the suggestion.
d. The Personnel Arbitration Board has a clause in it
that says no person can serve on 2 boards. If we
cannot get anyone for this, can we change the
rules?
Councilwoman Monfor. We have 6,000 people, we can
find someone. We should get someone under 40.
Mayor Williams requested Clerk Ruotsala advertise
for Personnel Arbitration Board members.
e. I will be going to Juneau with Atty. Rogers May 3
trill the end of the legislative session for
capital improvement projects regarding fire
graining school and congregate housing. I was
asked what it would be if we can only get one. I
have said I need 48 hours to get back to Council.
It will probably not be a public decision. We may
have to make that decision as soon as possibLe.
Councilwoman Monfor. we need to show our capital
improvement projects list. I don't want the
4r-
KENAI CITY COUNCIL
MAY 2, 1990
PAGE 12
University to get our money. If we don't get
congregate housing, we have other things on the
list.
Mayor Williams. We need capital improvement
project money, the University can shoulder that
themselves. We have $1 Million invested in it
now.
Councilwoman Swarner. Their idea is that the fire
training school is our project. I have a problem
with that.
Mayor Williams. Between now and May 8 it may
become necessary for me or Atty. Rogers to contact
Council by teleconference regarding capital
projects. They are from our capital improvement
projects list and we will not deviate from that.
Councilwoman Swarner. HB-522 was introduced, a
Bush bill for water & sewer projects. Water
treatment plant modifications $325,000, water &
sewer $1,800,000, water & sewer development
$1,200,000 (for Kenai.
Mayor Williams. Those are items from our capital
improvement projects list. If we get this and can
still get the fire training school but not
congregate housing - - - - Councilwoman Monfor.
We don't want to do that.
Councilman Walker. Some of us don't want to do
that. Some of us hesitate to turn down money. If
we cannot get congregate housing, I would hesitate
to turn down $3 Million for a fire training
school. Our #1 priority is congregate housing but
not our only one. The fire training school is not
on the list, but if money is available do we want
to turn it down? Councilwoman Monfor. We did not
get it last year.
Mayor Williams. I would hate to have it go to
Juneau before me that you do not want a fire
training school.
Councilwoman O'Reilly. If we cannot get #1, let's
go down the list.
Councilwoman Swarner. The fire training school
has not been on our capital improvement projects
list. If it is going to be on the list, it should
be in the City of Kenai. It is for the
University. It needs to be located in the City.
Councilwoman Monfor. We have spent many hours
putting together a capital improvement projects
list. we have done it at the request of our
representatives. I don't care what the Clarion
says or what they hear in Juneau. We have told
the representatives we want congregate housing and
they don't hear us. We have put other things on
the list and have definite needs within the City.
They should be able to find the money for this. I
would not be willing to take money for a fire
training school because it will not be in Kenai.
Councilwoman Swarner. You need to call Rep.
Navarre and send a POM and voice your opinion. We
need to keep the pressure on him.
r— r
KENAI CITY COUNCIL
MAY 2, 1990
PAGE 13
Councilman Smalley. I agree with the philosophy
of not turning down money. But the fire training
school is a University project, it is not in the
City. I don't see it as turning down money for
the City, it will go to the University, not the
City. If we use our money for something not on
the list, we will be losing the money.
Mayor Williams. There may be strong feelings
against congregate housing and there may be strong
feelings against the fire training facility. They
are 2 separate items.
Councilman Walker. I understand the fire training
facility is not a City project. But if we cannot
get money for any of our projects on the list,
would we support some of these other projects?
Either we will support other projects or the money
will go to other communities. If we cannot get
money for anything on our list, we should support
something for our area. There are times when some
of our legislators cannot get enough support for
projects on our list. We are turning money away
from the community if we do not support it.
Mayor Williams. If we do not support the project
and it is done, Soldotna would like to have the
fire training school at their airport.
Councilwoman O'Reilly. I do not have a problem
with the fire training school, but not putting it
on the City budget.
Councilwoman Monfor. We have many things on the
list we can use the money for.
Atty. Rogers. If you fall back now, I think you
are limiting your options. I don't think it is
appropriate now when we are going down. You
should give us marching orders now and be subject
to change by Council, not us. We can seek new
direction from Council by telephonic connection.
Councilman Measles. I recommend we stop
discussion and go by the capital improvement
projects list.
Council agreed to the suggestion.
I-2 City Manager Report
City Manager Brighton was not present.
a. Admin. Asst. Howard. There are 2 seminars (Kenai
Borough and Soldotna Police Dept.), information
distributed this date. There are openings if
anyone is interested. The Soldotna Police Dept.
memo lists 5 from the City recommended by City
Manager Brighton. The Borough positions are
listed in the memo.
b. Councilman Measles. I received a call from Sen.
Fischer regarding Council discussing the Anchorage
legislators wishing to change the vote requirement
for selling utilities from 60o for home rule
cities to a simple majority. How does the City
feel about this? They are asking the Legislature
to change something voted in by the people. I
said I had not thought of it.
dr— r
KENAI CITY COUNCIL
MAY 2, 1990
PAGE 14
Mayor Williams. I talked to Ashley Reed regarding
this. Anchorage wants to buy and Valdez wants to
sell. I thought it should not be changed.
Atty. Rogers. I opposed it. There will be a push
for privatization of utilities. Once they are
privatized they will have more ammunition to fight
municipalities. We need to support
municipal -owned utilities.
Councilwoman Swarner. I told our legislators we
were not interested.
Mayor Williams. We will say we are not
interested.
I-3 Attorney
Atty. Rogers spoke.
a. I talked to Wince, Corthell & Bryson regarding the
Fred Meyer assessment and will talk to CH2M Hill.
b. I will be going to Juneau.
C. The Civil Litigation seminar was on 911 liability,
employee personnel law and wrongful discharge,
condemnations, and owner liability regarding toxic
waste. We should get an assessment before we take
back leases, get a cost figure and pass it on as
conditions of rescinding the lease or court costs
in foreclosure. The City will be stuck because of
the "deep pocket." We are trying to work out
something. The average cost of cleanup is $3
Million for a small spill site.
C. Mayor Williams asked about the Fred Meyer release.
Admin. Asst. Howard replied, not yet.
I-4 City Clerk
Clerk Ruotsala spoke.
a. The status of the OEKOS organization request is in
the packet (item I-4). The Borough has 2
resolutions (distributed this date) that will be
discussed May 15.
b. The Alaska Federal Credit Union is having their
convention in Kenai May 17 to 19. They have
requested 125 Bicentennial pins. I do not like to
give out more than 100 pins without checking with
Council first.
Council had no objection.
C. The Council Ad Hoc committee for selection of a
new Clerk met May 1 to review the applications.
There were 8 applicants. Clerk Ruotsala
distributed a review of each applicant's
qualifications to Council.
Councilman Measles. Clerk Ruotsala narrowed it to
the 3 most qualified. I recommend we set a work
session and interview Carol Freas and Colleen
O'Donnell.
Council agreed to the recommendation. The work
session was set for May 14, 7:00 PM. Mayor
Williams requested Clerk Ruotsala set up a fruit
tray.
I-5 Finance Director
4r- r
KENAI CITY COUNCIL
MAY 2, 1990
PAGE 15
Finance Director Brown spoke.
a. Our company thought the health insurance premium
would go up 20%. I got notice it will go up 6%.
b. The Borough Sales Tax Committee is being formed
again, I am on it. If Council has anything to
say, let me know.
I-6 Public Works Director
Public Works Director Kornelis spoke.
a. The Sewer Addition is 98% complete on drawings.
We could go ahead and advertise or could wait for
next Council meeting till after the Legislative
session. Mayor Williams. We are going to build
it anyway. Mr. Kornelis. You asked me to bring
it back in May.
Mayor Williams. Will we be within the set figure?
Mr. Kornelis. So far we are on engineer's
estimate. We can advertise in one week.
Council agreed to go ahead.
b. The Boardwalk viewing Area. We are waiting to
hear from the State. We are working with the
Chamber. We have to keep track of time worked.
It should be this summer. We will put in a
retaining wall this summer. We could use a crane
and reach out without going out on the tundra.
C. The Kenai River Mouth Viewing Park. We talked to
the State. They are trying to determine how much
money they will spend.
d. The Kenai River Recreation Boat Launch. We are in
public hearing period for 60 days or longer.
e. Old Town Paving Project. We are about ready to
go. Three easements are missing, one was given to
the attorney.
f. Willow St. Extension. We are waiting Corps. of
Engineers permit and public comment.
g. Airport Overlay. The preconstruction conference
was held. It was to start May 1, there will be
excavation and is too muddy. It has been
postponed. We anticipate next week and hope to be
done by June 17.
h. The Airport FBO Taxiway Overlay. We gave the
engineers the go-ahead for May 3. A couple of
weeks for design work. We will bring back to
Council at the June 20 meeting.
i. The Drainage Project. we are working on it.
There were difficulties in the topo map they are
working on.
The Airport Terminal Renovation. We are still
waiting on replacement of glass.
Mayor Williams. Regarding the glass bubble (on
the stairs). Do we foresee long term maintenance
with that?
KE:NAI CITY COUNCIL
MAY 2, 1990
PAGE 16
Mr. Kornelis. I do. It is custom made glass. So
far most of the broken glass has been received
broken. It could be affected by moisture between
panes, earthquakes, I don't know. So far they are
paying for it.
Mayor Williams. Can you check to see if there is
anything like shaded plexiglass that could be used
in place of this? Answer - yes.
I-7 Airport Manager
Airport Manager Ernst spoke.
a. The Runway Overlay. It will be starting May 7 and
complete by June 6. They will do the south end
first.
b. The Open House for the airport will be May 12.
C. I went to Oregon in April for the Northwest
Chapter Conference of AAAE: Security trends - we
will see changes, General aviation safety programs
- security fencing is part of this, Drug testing
and employer response - I will give that to Atty.
Rogers. A physicist from NASA was there and
reported on the Hubble telescope and other scopes.
DISCUSSION
J•-1 Citizens
a. Jim Ruotsala, Kenai. A suggestion for airport
income - There is a $13 per head departure tax at
the Tokyo airport.
J-•2 Council
a. Councilwoman Swarner. The Ashley Reed newsletter,
distributed this date. SB-461 (Fisheries Business
Tax). The figures are not out. We should get
$300,000. HB-220 (Underground Storage Tanks).
The City only has one. It is not important to us.
These tanks have to be completely buried.
Public works Director Kornelis. They had to be
over 2,000 gallons. We have more than one buried,
but they are small. We put our large ones above
ground earlier.
b. Councilwoman Swarner. I talked to legislators
regarding the K-Beach Rd washout. I had pictures
from Clerk Ruotsala, Public Works Director
Kornelis took new ones. It was real impressive
when they put them together. People on the south
end of K-Beach were calling that they could not
get to Kenai because of the hole on K-Beach Rd.
C. Councilwoman Swarner. If you are interested in
getting more money for the City, call the
Conference Committee on Budget to keep the Senate
limit on seniors' property exemption. The House
took money from that and put it to renters'
rebate. The State does not reimburse cities at
1000
d. Councilwoman Swarner. The banners are out. we
should send a thank you note to HEA from Council.
r— r
KENAI CITY COUNCIL
MAY 2, 1990
PAGE 17
e. Councilwoman Monfor. We should contact Fish &
Wildlife for them to paint the buildings in Old
Town for the Bicentennial.
Mayor Williams will write a letter.
f. Councilwoman Monfor. The Bicentennial Committee
thinks we should go out for architecture bids for
the building. There is no money. It would be
about $500. I would hope the City could do this.
MOTION:
Councilwoman Monfor moved, seconded by Councilman
Smalley, that the City spend money to advertise for
architecture proposals for the Bicentennial building.
Mayor Williams. Recognizing the cost would be $500.
Motion passed by unanimous consent.
g. Councilman Measles asked Clerk Ruotsala to have
copies of the applications, Clerk's notes, etc.
for all Council members at the May 14 meeting.
Council agreed to the request.
h. Councilman Measles. My term at the Central
Peninsula Hospital Board is up. I will not be
continuing.
Mayor Williams. It should be a community oriented
person within the City. Does not have to be a
person on Council.
Councilman Smalley suggested Leon or Mary Quesnel.
Mayor Williams will contact them.
i. Councilwoman Swarner. Regarding Bicentennial
pins. I brought pins to the Future Problem
Solving meeting in Anchorage. Kenai had a 3rd
place winner, from Mountain View Elementary. Also
a 3rd place winner lives in our house.
Councilman Smalley. The person from KCHS is on
the National Future Problem Solving.
j. Councilwoman O'Reilly. I am glad to see Kenai
Korners and Bookey's being taken down.
h. Councilman Smalley. P&Z discussed with Dick
Traeger, Kenai Borough rezoning the landfill to
recreation. I was instructed to hold on this.
Mr. Traeger said if they did rezone there would
not be any problem.
Council directed P&Z to continue holding.
i. Councilman Smalley.
NOTICE, Reconsideration:
Councilman Smalley gave notice of reconsideration for
the May 16 meeting of item H-7 (RIP Program). I would
like to have on a 5 year plan.
Mayor Williams. Thanks to Administration for
Student Government Day. It worked out very well.
KENAI CITY COUNCIL
MAY 2, 1990
PAGE 18
The teacher did it for the 1st time, she got very
enthused and may want to do it next year.
K. ADJOURNMENT
Meeting adjourned at 10:00 PM.
(� Janet Ruotsala, CMC/AAE
City Clerk
COUNCIL MEET G OF
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COUNCIL MEETING OF y - 16 - 4 v
0
CITY COUNCIL - REGULAR MEETING - MINUTES
CITY HALL
APRIL 18, 1990 - 7:00 PM
MAYOR JOHN J. WILLIAMS PRESIDING
4
A.
CALL TO ORDER
c
S@
Mayor Williams called the meeting to order.
8• Or
SCHe,
A-1
Pledge of Allegiance
1• E-C
A-2
Roll Call
�• A9re h
4
Present: Marj O'Reilly, Hal Smalley, Linda Swarner,
Zanes
Kevin Walker, John Williams, Ray Measles
lck '
Jean Tr
Absent: Christine Monfor (excused)
ec4rlff 8cl
A-3
Agenda Approval
cu"3 MOrr
tv
Two Er .
Mayor Williams spoke.
Y P
Repo Repr c,
4. Le ese es
a. Item B-5 is the same concerns as item B•-2
Gus.jSlat tat
S•
(encroachments). Change B-5 to B-3, and move B-3,
Dept bodes °q
B-4 forward.
C. 8ob
b. Add item B-6 (Donna Krein - Ash Cleanup).
lSusan Crain).
1°UgLTcEasem
na1
nr E4
d. Additional material for itemB3(OEKOS)
1 $g So,
distributed this date.
O jNGS
e. Item C-2 (Res. 90-08), amendment distributed this
Z• Frain
date.
Res tern ce 13
f. Item C-3 (Res. 90-18), distributed this date.
3 c° o14t for 63-9
9• I�e�"'11it joy Cit
g. Item C-6 (Little Ski-Mo Liquor License) can be
added to the Consent Agenda. All taxes have been
°14tee 90-08
Res ,
paid.
Sop °14tzoj *cook
h. Additional materials distributed this date for
S, Acco IL, °n 90, T,I
items D-2 (Airport Comm.), D-5 (Library Comm.),
Ren 4nts ntal 2> 3
D-8 (Misc. Comm & Comm).
6 xen Qwa1 - $ Appr '
3
i. Add to item H-2 (Requisitions Exceeding $1,000) -
f r
zit ewal eri t o S>8
Alaska Valuation Service, Inc. - $2,22`-,,
Of tie
distributed this date.
Sk4
i
]. Item
min 11 (Airport Comm. Training), Refer to item
M° or gUE
Drivelce
k. Add item H-12 (Ratification of Boardwalk
Ip
Agreement), material distributed this date.
1. Items for information distributed this date,
Council may want to add for discussion purposes.
MOTION:
lit"
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
CITY COUNCIL
18, 1990
Mayor Williams. This matter was voted at the April 4
neeting on a 5-yes, 1-no position. There was a notice
3f reconsideration.
MOTION:
i
wt Councilman Walker moved, seconded by Councilman
i-01 Measles, to reconsider the action of the April 4, 1990
8, 0 e19 meeting on Cook Inlet Housing Authority Agreement.
SCkEDULE elman Ilhave itemsrI amhconcernedwwith.brWhohistthisup
Zis,
To program directed at - everybody in the low income
�. Agt 1?a bracket or all constituents?
Lai eeme
Disk s ,gf Tom Harris, Cook Inlet Housing Authority. It is geared
e ? to the Native Americans and Alaska Natives with low
c1jfF &ugh income. Is it open to all low income individuals? No.
cut
Urt BakE It is a recognized program under HUD through Indian
3. u rt E or.,• j Housing.
q. Le o rl ° s
Are e t Cks Councilman Walker. You said payment in lieu of taxes
S. degi s n se would be a wash. I have major trouble with that.
us R jotltafi j
8o At. c(Ies off• Mr. Harris. We assumed administrative fee of (for
C• Eas Nat c example), $150 per month. We pay 10o times $150 times
PU8 erne h 12 months is $180. That would be the pilot payment
mad(for example),
Z• LrC xEARrNt c addesalesdtaxonal sales and economicxmultipliers. Wefelt lmthat
F2. GS would wash out.
2.2 j t Ono
Res ej•s e 1 VOTE Reconsideration (Passed):
3 Co oj0t For C. 9 ,
4'• R esoj�tt eon 90 jt.�' f� Yes: Swarner, Walker, Williams, Measles
Sip oj�tioh Co No: O'Reilly, Smalley
R oc Uje� nt 9�, T'3 nj Mr. Harris added, working with Administration, we came
� ena?w Ito . $A�o Tr up with these numbers.
Line;,, er t Lj o S�8 r'ta Councilman Walker. The utilities, the City will
', of Into r Li provide at no charge to the Authority?
Ski- ZjgvR �e °eR;
Mo Dt t Z fittest Mr. Harris. The home buyers themselves will contract
jve t� hsE for utilities with the City and will pay the standard
rate all others pay.
d Councilman Walker. Including assessments? I read the
bi- City will provide that.
dq
LrC CO Us Mr. Harris. We plan to provide homes with most if not
coo a all these things in place. With special assessments, I
'k ��1et s fit, would need help to answer.
Ho�si� Councilman Walker. On road paving with assessments, it
g A� talks about special assessments in the future that may
thoritr 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.
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CITY COUNCIL
18, 1990
Phere have been arguments that this is restrictive.
this is arguable. It is Indian Housing funded by the
Pederal Govt. Look at the taxes received. We feel
-his is a win/win situation.
:ouncilwoman Swarner. (To Atty. Rogers) I thought in
)ne of the agreements we had, assessments for water &
sewer were deleted. On page 3 of the agreement it says
ve would have to provide water & sewer and paving at no
:barge.
- y. Rogers
and collect,
would be no
owners.
If we are not going to assess these lots
the City would make those payments, there
additional charges on other property
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.
C,
CITY COUNCIL
18, 1990
fayor Williams. One positive factor in this - the
ooner we pull 30 unoccupied homes from the market, the
ooner we will see new homes being built.
f, Rescind:
Councilman Measles moved, seconded by Councilman
Walker, to rescind the previous action of Council on
the Cook Inlet Housing Agreement.
B'
SCHZJ0
Councilman Measles. a) I have a real concern with the
clause that binds the City to provide service and
1.
facilities that are being provided in other areas of
Toi
the City without charge. I have a problem approving
2. Ag2
rail
this till we have an answer. b) Regarding taxes. I
D.i
have a problem while we are working on next year's
c,
Jean
J(iar
budget. We are going to have to increase taxes and
then have no taxes from these people. This will be
Cuxt
hard for us to justify.
Cu.tt
Two
Councilman Walker. I agree. We may want to consider
3.
p
ReFre,
it in the future, but this is not for us to look at
4.
Leg.is2
right now.
eGus .Ro
Dept..
Councilwoman O'Reilly. Are we discussing authority for
At„
Bobity
Administration to negotiate with the Housing
Eab Ha'�
Semen.
Authority or approval?
PUBLIC HErN
1,
iper2. prlcE
Resol u J,
ti
3' Rem1tt',e'r
4' Re solute e
Suppleer"n
S' Rene., is to
6. Kenai al Of Z
Z1 netia M o fi t
the Ski...'
Motion passed br
B' SCHEDULED
PUBL:c
B-1 Tom Harris, Ccok
Agreement
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
CITY COUNCIL
18, 1990
i
:ity 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
B• O
road, the way I understand this, the City will have to
S CgEDOL
pave it because we have done it for other people in the
past, assessments or no assessments.
1•
Tom
Councilman Smalley. That was not my interpretation.
2 Agr,
Land
Atty. Rogers. That is not mine either. It is not that
DiCk
iron clad however. Documents to accomplish [rinority
Jean
housing projects, there is a lot of philosophical in
Cjiff
them. It is not a tough document, there is a lot of
Curt
leeway. This is not the proper forum to discuss this.
Curt E
Discuss with Administration and we will work with Cook
3• Re o Re!
Inlet Housing Housing Authority.
4. Leg Sla
Councilman Smalley. I would like to see verbiage that
5 D ptR°dE
speaks directly to that. So it cannot be debated. It
Bob N
was my understanding they would be looking at homes
C. Ease ath
collectively.
ment
P UB,.IC
intent is in this
R EARIA'GS
Atty. Rogers. Their not oftentimes
1•
document. That intent can be changed.
2. �1InanCe
Councilwoman Swarner. I am concerned with property
Res ers foI
elution
taxes but I am willing to give that up, but rLOt
3. Co
assessments.
4. Res �ttee _-
Resolution
MOTION, Withdraw:
*
tIl
S. ACC element 90
onal
Councilwoman O'Reilly, with consent of second, withdrew
Re its ,
her motion.
6. Kendi�" `31 f L 23
ReneWd� e it
Qe
MOTION:
Litt, I
Ski MO
lAdministration ly moved, ntdby Councilman
D1
Smalley,otondirect
Inlet Housing Authority to reword the tentative
cooperative agreement and direct Atty. Rogers; to direct
attention to items 4-a and 5.
MOt�On Pdg Councilwoman O'Reilly. There is wording there to
J4 sed by protect the interests of the City.
NEDULED P unanimoa
�LI Councilman Measles. It still does not address the
rr
greemaents, O°°kCrno donctesee nany benefary itsatuall oofwthis etoethe nCity of
I
et Nou 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
Cook Inlet�3456
Housing Authority
119
19,
coo atiii�l�
�ezzz�zpz;�`�
April 5, 1990
670 West Fireweed Lane • Anchorage, Alaska 99503 • (907) 276-8822 • FAX (907) 2584957
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
1791-1991
CITY OF KENAI
210 FIDALGO KENAI, ALASKA 99611
TELEPHONE 283 - 7535
FAX 907-283-3014
MEMORANDUM
TO: Council Members
City of Kenai
FROM:&Tity
mothy J. Rogers, City Attorney
of Kenai
DATE: February 27, 1990
RE: CIHA Cooperative Agreement
Enclosed is a draft Cooperation Agreement between the City of Kenai
and Cook Inlet Housing Authority. The draft was prepared after
discussions with Charles Dunnagan, General Counsel for CIHA, and
Susan Olson, an attorney for HUD. HUD was involved in the
discussions because it must approve the Agreement in order for CIHA
to get money for the project. CIHA was considerably more flexible
about modifying the Agreement than HUD. HUD did agree to change
portions of the previously submitted Agreement.
The substantive changes are listed below. The following paragraphs
were deleted from the previous draft Agreement.
4. [(B) NOTWITHSTANDING THE DATE OF ACQUISITION THE
CITY SHALL VACATE SUCH STREETS, ROADS, AND
ALLEYS WITHIN THE AREA OF SUCH PROJECT AS MAY
BE NECESSARY IN THE DEVELOPMENT THEREOF, AND
CONVEY WITHOUT CHARGE TO THE AUTHORITY, SUCH
INTERESTS AS THE CITY HAS IN SUCH VACATED
AREAS; AND INSOFAR AS THE CITY IS LAWFULLY
ABLE TO DO SO WITHOUT COST OR EXPENSE TO THE
AUTHORITY OR TO THE CITY, CAUSE TO BE REMOVED
FROM SUCH VACATED AREAS, INSOFAR AS IT MAY' BE
NECESSARY, ALL PUBLIC OR PRIVATE UTILITY LINES
AND EQUIPMENT;
-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-
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.
Mr. Dunnagan also indicated that while the Agreement allows for
thirty (30) units, the initial plan is to put twelve (12) to
fifteen (15) units in place. He indicated that should CIHA wish to
expand the project to thirty (30) units, the City and CIHA would
sign a supplemental letter of agreement. It should also be noted
that while the intention of CIHA is to acquire existing units, the
Agreement would allow it to construct if it so desired.
TJR/ c if
-3-
COOPERATION AGREEMENT
THIS AGREEMENT, made this day of ,
19 r 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:
shall be located within the corporate limits of the City.
The obligations of the parties hereto shall apply to each
such Project and the City shall have no contractual
responsibility with respect to the Project other than as
expressly provided in this Agreement.
3. (a) Under the Constitution and laws of the State of
Alaska, the Project is exempt from all real and
personal property taxes and special assessments
levied or imposed by any Taxing Body. So long as
either (i) the 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, or (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 agrees that it will not levy or impose any real
or personal property taxes or special assessment
upon such Project or upon the Authority with respect
thereto. During such period, the Authority shall
make annual payments (herein called "Payments in
Lieu of Taxes") in lieu of such taxes and special
assessments and in payment for the public services
and facilities furnished from time to time without
other cost or charge for or with respect. to such
Project.
(b) Each such annual Payment in Lieu of Taxes shall be
made at the time when real property taxes on such
Project would be paid if it were subject to
taxation, and shall be in amount equal to either (i)
ten percent (10%) of the Shelter Rent charged by the
Authority in respect to such Project during the
twelve months' period ending
before such payment is made or (ii) the amount
permitted to be paid by applicable State law in
effect on the date such payment is made, whichever
amount is the lower.
(c) This Agreement shall be construed in harmony with
the April 11, 1985 Agreement between the Cook Inlet
Housing Authority and the Kenai Peninsula Borough.
Section 3(c) of that Agreement provides 'that the
Borough will collect Payments in Lieu of Taxes and
distribute the money among taxing bodies pro rata.
PAGE 2 OF FIVE PAGES CITY:
AUTHORITY:
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 anv public services or
PAGE 3 OF FIVE PAGES CITY:
AUTHORITY:
facilities which it has agreed hereunder in 4(a) to
furnish or cause to be furnished to the Authority or to
the tenants of any Project, the Authority incurs any
expense to obtain such services or facilities, then the
Authority may deduct the amount of such expenses from
any Payment in Lieu of Taxes due or to become due to the
City in respect to any Project or any other low -rent
housing projects owned or operated by the Authority.
6. The City agrees to exempt the tenants of the Project and
the Authority from the payment of Sales Taxes in
conjunction with rents.
7. No Cooperation Agreement heretofore entered into between
the City and the Authority shall be construed to apply
to any Project covered by this Agreement.
8. No member of the governing body of the City or ,any other
public official of the City who exercises any
responsibilities or functions with respect to any Project
during his tenure or for one year thereafter shall have
any interest, direct or indirect, in any Project or any
property included or planned to be included in any
Project, or any contracts in connection with such
Projects or property. If any such governing body member
or such other public official of the City involuntarily
acquires or had acquired prior to the beginning of his
tenure any such interest, he shall immediately disclose
such interest to the Authority.
9. So long as any contract between the Authority and the
Government for loans (including preliminary loans) or
annual contributions, or both, in connection with any
Project remains in force and effect, or so long as any
bonds issued in connection with any Project, or any
monies due the Government in connection with any Project
remain unpaid, this Agreement shall not be abrogated,
changed, or modified without the consent of the
Government. The privileges and obligations of the City
hereunder shall remain in full force and effect with
respect to each Project so long as the beneficial title
to such Project is held by the Authority or by any other
public body or governmental agency, including the
Government, authorized by law to engage in the
development or administration of low -rent housing
projects. If at any time, the beneficial title to, or
possession of, any Project is held by such other public
body or governmental agency, including the Government,
the provisions hereto shall inure to the benefit of any
may be enforced by, such other public body or
governmental agency, including the Government.
PAGE 4 OF FIVE PAGES CITY:
AUTHORITY:
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:
raWILLIAM
Jermain Dunnagan & Owens P.C.
K. JERMAIN
CHARLES A.DUNNAGAN
BRADLEY 0. OWENS
GAF
GAF
{ .
RANDALL G. SIMPSON
GE(
LAW OFFICES
HOWARD S. TRICKEY
D KENNETH FORD
3000 A STREET, SUITE 300
ANCHORAGE, ALASKA 99503
TELEPHONE (907) 563-8844
FAX (907) 563-7322
April 26, 1990
Cary Graves
Assistant City Attorney
City of Kenai
210 Fidalgo
Kenai, AR 99611
�2o.5 213 21<1
Oki
aPR 199G
N �.c1VL
CO
ry OF QNAI
Re: Cook Inlet Housing Authority - Cooperation Agreement
Dear Cary:
This will confirm our conversation of Thursday, April 26. The
Housing Authority is proposing two things insofar as the problem with special
assessments is concerned. First, it is proposing additional language in the
cooperation agreement. The language would limit the Housing Authority's
acquisitions to properties which wouldn't experience any special assessments
in the foreseeable future. I've redrafted page 4 of the cooperation agreement
adding section 7. That page is enclosed. The proposed contract language has
not yet been approved by HUD, but preliminary discussions lead me to believe
that approval will not be a problem.
Secondly, the Housing Authority is seeking an exemption from the
prohibition against paying special assessments. A draft letter is circulating
and we'll probably be ready to file with HUD sometime during the week of April
30. Realistically, our chances of getting an exemption are about 50/50.
Accordingly, it's our proposal that we protect the City through changing the
cooperation agreement until such time as we are able to get an exemption.
The Housing Authority will not be able to attend a city council
meeting next week. Tom Harris, the executive director, will be out of town.
Accordingly, we respectfully request that final consideration Of the
cooperation agreement be tabled until the May 16 meeting.
Thank you for your attention to these matters.
Sincerely,
JERMAIN, DUNNAGAN & OWENS, P.C.
Charles A. Dunnagan
/jv
Enclosure
cc: Tom Harris
C
the City in respect to any Project or any other low -
rent housing projects owned or operated by the
Authority.
6. The City agrees to exempt the tenants of the Project
and the Authority from the payment of Sales Taxes in
P conjunction with rents.
46C4 7. Unless specifically approved in advance by the City,
acquisitions made under the authority of this agreement
shall be restricted to properties which have paved
streets, plus city water and sewer service installed.
8. No Cooperation Agreement heretofore entered into
between the City and the Authority shall be construed
to apply to any Project covered by this Agreement.
9. No member of the governing body of the City or any
other public official of the City who exercises any
responsibilities or functions with respect to any
Project during his tenure or for one year thereafter
shall have any interest, direct or indirect, in any
Project or any property included or planned to be
included in any Project, or any contracts in connection
with such Projects or property. If any such governing
body member or such other official of the City
involuntarily acquires or had acquired prior to the
beginning of his tenure any such interest, he shall
immediately disclose such interest to the Authority.
10. So long as any contract between the Authority and the
Government for loans (including preliminary loans) or
annual contributions, or both, in connection with any
Project remains in force and effect, or so long as any
bonds issued in connection with any Project, or any
moneys due the Government in connection with any
Project remain unpaid, this Agreement shall not be
abrogated, changed, or modified without the consent of
the Government. The privileges and obligations of the
City hereunder shall remain in full force and effect
with respect to each Project so long as the beneficial
title to such Project is held by the Authority or by
any other public body or governmental agency, including
the Government, authorized by law to engage in the
development or administration of low -rent housing
projects. If at any time, the beneficial title to, or
possession of, any Project is held by such other public
body or governmental agency, including the Government,
the provisions hereto shall inure to the benefit of and
may be enforced by, such other public body or
governmental agency, including the Government.
PAGE 4 OF F'I:VE PAGES CITY•
AUTHORITY:
MAY 16, 1990
INFORMATION ITEMS
1. Kenai Borough Minutes - April 17, 1990
2. Kenai Borough Minutes - April 10, 1990
3. Resource Development Council Newsletter - April 1990
4. Kenai Borough Emergency'Planning Committee Bylaws
5. TO DO List - May 2, 19 '0
6. City Calendar - May 19.0
7. Kenai Chamber of Comm rce Newsletter - May 1990
8. Library Report - Apr' 1990
9. Pull Tab Report - DA
10. Kenai Borough Agend - May 15, 1990
11. Harbor Rate Schedul - 1990
12. Transfer of Funds der $1,000 - May 1990
jr � )0.,,
�,I.X Cos pJ-T
1791-1991 %3 - -'�'
CITY OF KENAI
110d (?apdai 4 4iad� If
210 FIDALGO KENAI, ALASKA 99611
TELEPHONE 283-7535
FAX 907.283-3014
TO: Janet Ruotsala, City Clerk
City of Kenai
FROM?'.'� f othy J. Rogers, City Attorney
ty of Kenai
DATE: May 11, 1990
RE: Decor Industries
Lots 1-4, Block 3, CIIAP
City of Kenai Lease
This afternoon, via telecopier, I informed Mr. Hoyt Cole,
attorney for Decor Industries, that his request for the City of
Kenai to consent to the modification and extension of a deed of
trust note held by the First National Bank of Anchorage in regard
to the above -referenced property would be placed on the agenda
for review by the Council on May 16, 1990.
Mr. Cole informed me that he would be present at the meeting.
Mr. Cole also requested that this item be moved from New Business
and be heard at Persons Present Scheduled to be Heard. This will
allow him to catch an earlier flight back to Anchorage.
Please notify the Council of this request during Agenda Approval.
Thank you.
HOYT M. COLE, P.C. �--�--�'--
ATTORNEY AT LAW
THE SIGNATUXE BUILDING —
745 WEST 4TH AV INUE
St"T'E 400 (907) 277.5646 office
ANCHORAGE. ALASKA 9950t 11"7) 279•8300 fax
DATE:
��314t5161>>8�9q
T O :
d7
00 Al
FAX NUMBER: ( ) r2- K3 -5oE 4
6. L2�
SFr•^7 82
FROM:
NUMBER OF PAGES (INCLUDING THIS ONE) )cZ
NOTES:
If any problems should occur, or If thtransmission Is not complete, please
call (907) 277-5666 and ask for
HOYT M. COLE, P.C.
ATTORNEY AT LAW
TH8 SIGNATURE BUILDING
745 WEST 4TH AVENUE
SU17T 400
ANCHORAGE, ALASKA 99101
May 11, 1990
Timothy J. Rogers, Esq.
City Attorney
City of Kenai
210 Fidalgo
Kenai, AK 99611
Re: Decor Industries
Lots 1-4, Block 3, CiIAP
City of Kenai Lease
Our References 353-10
Dear Mr. Rogers
(907) 277-5646 office
(907) 279-8500 rrx
Thank you for your letter of May 11, 3.990 and the subsequent
information.
I plan to be in Kenai for the Council Meeting on May 16.,
1990. Since I would like to return to Anchorage that
evening. I will appreciate being heard as acor, as the Council
can fit me into their agenda.
I am attaching a copy of the note modification between First
National Bank of Anchorage and the Cassels which is the basis
for my request. i also attach a copy of the letter from
Dennis Fenerty to me with the requirement from the Bank. I
sent a copy of the title report showing the interest of the
City of Kenai and the subsequent security of the Bank to Kim
Howard.
If I can provide you with additional information, please let
me know.
I will look forward to seeing you or. the 16th.
Kindest personal regards.
verry1 t
r
u
ly yours,
Hoyt M. Cole
enclosures
Fenerty letter
Note modification
cc: client
CLIFFORD J. ORON, 31R.
KENN ETM P_ EaaCPS, a, C.
MICHAEL W. PaICC
LANCE E. aDCVMs
SALLY KUCItO
ROREPT T. PRICE
DENNIS O- IENLOTY
DAVID A. D[VINE,0,C.
PE9ECCA S. COPELAND
RICK L.OWCN
OOUOLA9 A. CARSON
SHAWN J. NOLLIDAY
9RTAN 6. MCRRELL
Or COUNpcL
MITCHELL O. GRAVO, R C,
LAW OrFICES Or
GROH. EGGERS 8 PRICE
2530 DENALI STPECt, 171,M FLOOR
ANCHORAGE, ALASKA 99503
Hoyt M. Cole, Esq.
Romo & Cole
745 W. 4th Avenue, Suite 400
Anchorage, Alaska 99501
May 1, 1990
RE: First National Bank of Anchorage
to Roy L. and Lillian 8. Cassel
Loan No. 300003003009 to Roy L.
Our File No. 1021-17
Dear Hoyt:
TELCPW ONC
(®07) 27i • 047A
tELECOPIL•
(so?) 212-•sI:
Loan No. 300003002992
and
Cassel;
Enclosed please find the original and one (1) copy of each
of the Loan Modification and Extension Agreements which I have
prepared in accordance with instructions from First National Dank
of Anchorage (OFirst National"') for each of the abova-referenced
loans. Also enclosed is a copy of a pro forma modification
endorsement and the original title policy which First National
has received from Security Title and Trust Agency of Alaska, Inc.
with respect to one of these loans.
Please review these documents to ensure that they accurately
reflect your clients' agreement with First National. If they are
acceptable, arrange for execution of the documents by the Cassels
and Decor Industries, Inc., as appropriate.
With respect to the loan secured by the property in the
Evergreen Subdivision, Anchorage and the Cook Inlet Industrial
Airpark, Kenai, it appears that there are junior interests which
must consent to this Agreement to ensure the continued validity
and priority of the liens in favor of First National. In thin
regard, it appears that you must obtain the consent or possibly a
full subordination from the Halak Company, aoutnern Alaska
Carpenter's Retirement Fund, the United States Internal, Revenue
Service and the City of Kenai, as lessor of the lease. First
National requires that your clients obtain any and all consents
or subordinations that the title company will require to ensure
the continued existence and priority of First National's liens.
This suggests that you may want to have Security Title approve
the proposed document before you meek the consents. It also
appears that at least the Internal Revenue Service must consent
to the continuing lien priority against the personal property.
RECEIVED MAY - 1 1990
Hoyt M. Cole, E94.
May 1, 1990
Page 2
After you have approved and arranged for execution of the
enclosed documents and subordination/consent of other lien
holders, please return all original documents to me for further
handling. I suspect that you will require some time to obtain
the necessary consents and subordinations. First National will
agree to hold open the offer to modify these loans on the terms
embodied in the Agreements through May 31, 1990 to allow time to
obtain the consents and subordinations, if your clients make the
increased monthly payments called for under the Agreements. By
accepting such payments (after both loans have matured), First
National does not consent to modification of the loans on terms
other than as described in the Agreements.
Please call if you have any questions.
Very truly yours,
RO , EGGE S ICE
nis G. a rty
DGF/lmh
Enclosures
cc: James L. Smith
LOC/C-1021-17a
LOAN NODIFICATrog A"
L%T . 5ION AG RI'[�i'P
WHEREAS, FIRST FEDERAL BANK OF ALASKA, S.B. (NFiret
Federal) loaned ROY L. CASSEL and LILLIAN E. CASSEL, husband and
wife ("Borrowers'), the sum of FOUR HUNDRED FIFTY THOUSAND AND
NO1100 DOLLARS ($450,000.00) (hereinafter the "Loan"), evidencod
by a Deed of Trust Note dated May 23, 1986 ("NoteN) secured by
the following two (2) Deeds of Trust, which Note and Deeds of
Trust are by reference incorporated herein as a part of this
Instrument;
1. Deed of Trust, Security Agroement and Assignment of
Rents ("Cassel Deed of Trust"), given by ROY L. rASSEL and
LILLIAN E. CASSEL, dated May 23, 1986, and recorded May 27,
1966, in Bock 1427 at Page 871 in the records of the
Anchorage Recording District, Third Judicial District, State
of Alaska, encumbering the following described real property:
Lots one (1) and Two (2), Block One (1),
EVERGREEN SUBDIVISION, according to the
official plat thereof, filed under plat Number
P-153, Records of the Anchorage Recording
District, Third Judicial District, State of
Alaska.
2. Deed of Trust, Security Agreement and Assignront of
Rents ("Decor Deed of Trust"), given by DECOR INDUSTRIES,
INC. (hereinafter referred to as "Grantor"), nested MAy 23,
1986, and recorded July 17, 1986, In Book 291 at Page 76 in
the records of the Y.enai Recording District, Third Judicial
District, State of Alaska, encumbering the following
described real property:
All of Trustor's right, title and interest as Losses in the
following described real property:
Lots One (1) through Four (4), inclusive,
Block Three (3), COOK INLET INDUSTRIAL AIR
PARK, according to the official plat thereof,
filed under Plat Number K-1448, Records of the
Kenai Recording District, Third Judicial
District, State of Alaska; and
-1-
WHEREAS, said Note is further secured byt (1) a UCC
Financing Statement given by Roy L. Cassel and Lillian E. Cassel,
In favor of First Federal Bank of Alaska, S.S., filed May 37,
1986 as File No. 86-033779 in the Anchorage Recording District,
covering personal property, furniture, fixtures, equipment and
all right, title and interest in leases,, ,(2) UCC Financing
Statement given by Decor Industries, Inc., in favor of First
Federal Bank of Alaska, S.H., filed July 17, 1986 as File No. 86-
008028 in the Kenai Recording District, covering personal
property and all right, title and interest in leases; (3) 3n
unrecorded Assignment of Lessor's Interest in Leases dated May
23, 1986; and (4) Assignment of Lease for Sarurity recorded July
17, 1986 in Hook 291 at Page 81 in the Records of fr^ :f*uri
Recording District, Third Judicial District, State of Ala--ka,
these documents shall collectively be referred to hereafter as
the "Other Collateral Documents;" and
WHEREAS, the Cassel Deed of Trust first described above,
recorded May 27, 1986, in Book 1427 at page 871 in the records of
the Anchorage Recording District, is subject and subordinate to
that certain Deed of Trust in the original amount of $350,000.00
in favor of FIRST FEDERAL SAVINGS & LOAN ASSOCIATION OF
ANCHORAGE, later known as FIRST FEDERAL BANK of ALASKA, S.S.,
dated August 18, 1971, and recorded August 20, 1971 in Book 767
at page el in the records of the Anchorage Recording Dintri.t,
Third Judicial District, State of Alaska, which was subsequently
assigned to NABALASKA & CO. (TEAMSTERS) as to 19.1739E and to
ALASKA CARPENTERS RETIREMENT FUND as to 80.8266%, by Assignment
recorded October 3, 1913, in Hook 836 at Page 525 of the Records
of the Anchorage Recording District; and
WHEREAS, the Decor Deed of Trust, recorded July 17, 1986, in
Book 291 at Page 76 in the records of the Kenai Recording
District, is subject and subordinate to: (1) that certain Deed of
Trust in the original principal amount of $190,000.00 in favor of
-2-
FIRST FEDERAL SAVINGS 6 LOAN ASSOCIATION OF ANCHORAGE, later
known as FIRST FEDERAL BANK OF ALASKA, S.H., dated DeCAmb*r 31,
1971, and recorded December 31, 1971 in Dook 56 at ease 307 1n
the records of the Kenai Recording District, Third Judicial
District, State of Alaska; together with an Assignment of Lease
for Security Purposes recorded December 31, 1971 in Book 59 at
Page 310 of said records, which prior Deed of Trust hnx been
assigned to ALASKA PLUMBING AND PIPEFITTING INDU TRY PENSION
TRUST FUND, by Assignment recorded February 4, 1972 in Book 45 at
page 133 of said records; and (2) that certain Ler+Re Agreement
wherein CITY OF KENAI is lessor and INLET INDUSTRIES, INC., an
Alaskan corporation, in lease*, dated March 1, 1957 and roro riled
September 12, 1967, in Book 28 at Page 115 in the records of the
Kenai Recording District, Third Judicial District, State mf
Alaska; and
WHEREAS, pursuant to the terms and conditions of an
unrecorded Agreement Modifying Loans between Day and Night, Inc.
and Borrowers, and First Federal, dated June 20, 1989, relating
to this and various other obligations of Borrowers to First
Federal, the Loan was modified and the maturity of the Loan was
extended to March 1, 1990 by Extension Agreement, dated June 20,
1989, recorded September 1, 1998 in gook 1779 at Page 403 of the
records of the Anchorage Recording DiAtrict, Third Judicial
District, State of Alaska, and recorded September 7, 1998 in Book
333 at Page 108 of the records of the Kenai Recording DiAtrict,
Third Judicial District, State of Alaska; and
WHEREAS, First Federal was closed by federal regulatory
authorities and First Federal's interests described herein in the
Loan, Note, Cassel Deed of Trust, Decor Deed of Trl-t, gnu uthpr
collateral Documents, taken over by RESOLUTION TRUST CORPOPAVON,
have been assigned and transferred to FIRST NATIONAL HANK OF
ANCHORAGE ("First National*); and
-3-
WHEREAS, Borrowers have found it necessary to and have
requested an extension of the maturity and modification of the
terms of the Loan; and
WHEREAS, first National agrees to said extension and
modification subject to the terms and conditions set forth
hereafter; and
WHEREAS, the parties desire to restate the modified terms of
the Loan so there shall be no misunderstanding of the matter;
NOW THEREFORE, in consideration of the mutual covenants and
agreements herein contained, IT IS HEREBY AGREED as follows:
1. The unpaid principal balance of the Loan, after
application of the March 1, 1990 installment, assuming all
required payments have been made, is FOUP HUNDRED THIRTY-TIIPFF
THOUSAND EIGHT HUNDRED POUR AND 991200 DOLLAR.R ($433,804.99).
2. First National does hereby consent to an extension or
the maturity date for the Loan from March 1, 1990 t0 March 1,
2005 at which time the entire principal and interest due
hereunder shall, if not sooner paid, be due and payablo in full.
3. The parties agree that the interest rate due on the Loan
shall be changed to twelve percent (12%) per annum, simple, from
and including March 1, 1990 until all sums due hereunder are paid
in full.
4. Borrower agrees to pay principal and Interest due
hereunder in equal monthly inetallments of $5,206.39 or more,
commencing on April 1, 1990, such that said principal shall by
paid together with interest from and including March 1, 1990 as
follows:
The sum of $5,206.39 or more per month,
including interest at the rats of 121 per
annum, simple, shall be paid on or befora the
1st day of April, 1990 and a like sum,
including interest as aforssAid shall be paid
on or before the ist day of each and every
succeeding month thereafter until the entire
principal and interest due hereunder shall be
paid in full; provided however that the entire
principal and interest due hereunder shall be
due and payable in full on or before the let
day of March, 2005.
-4-
5. Borrowers acknowledge and agree that this Agreement has
not been executed until after the first payments arp due under
this Agreement. Borrowers further agree that as a condition
precedent to this Agreement becoming effective and binding upon
First National, they shall pay First National all payments due
hereunder at the time execution of this Agreement.
b. Borrowers acknowledge and agree that failure to timely
make each payment required hereunder shall constitute an event of
default which enables first National to exercise all rights and
remedies available to it upon default in the terms of the Note
and Deeds of Trust, as modified herein. To satisfy the notice
requirements of A.S.34.20.150, Borrowers specifically acknowledge
and agree as follows:
THEY ARE PERSONALLY OBLIGATED AMC) FULLY
LIABLE, JOINTLY AND IMMALT,Y, FOR THE AMOTM-f:
DUE UNDER THE NOTE DESCRIM) HERF.TH AND FIRST
NATIONAL HAS THE RIGHT TO SUE ON THIS NOTE AND
OBTAIN A PERSONAL JUDGMENT AGAINST EACTI OF
MEN, JOINTLY ANT) SEVERALLY FOR SATISfACTION
OF THE AMOUNTS DUE UNDER THIS NOTE, RITHER
ARFORE OR APTRR A JIMICIAT.. FORECLOSURE OF THE
DEEDS OF TRUST UNDER A.5.09.45.I70
A.S.09.45.220.
7. Borrowers shall provide First National with an
endorsement to the title insurance policy presently insuring
First National's interests hereunder, or such other and further
insurance as First National shall require, in form and content
acceptable to first National, at Borrowers' own cost and expenno,
ensuring the continued existence and second lien priority of tho
Deeds of Trust, as modified herein.
8. It appears that the real and personal property
collateral encumbered by the Deeds of Trust and Other Collaterft'_
Documents is or may be subject to certain encumbrances which arc
junior and subordinate to the liens of the Deeds of Trust and the
other Collateral Documents. Borrowers acknowledge and agree
that, as a condition precedent to this Agreement becoming binding
upon First National, they shall cause the holders of all such
encumbrances to subordinate their interests in the real, end
-5-
I personal property to the liens of tho Deeds of Trust and the
Other collateral Documents, as modified heroin, such that the
liens of the Deeds of Trust and the other collateral Documents
Shall be and remain prior and senior to such other encumbrAneps
held by other parties. Also, the Decor Deed of Trust encumbers a
leasehold interest. To the extent necessary to insure First
National's interest in said leasehold Borrowers shall obtain the
consent of the Lessor under said lease to this Agreement.
9. Borrowers agree that, as a condition precedent to this
Agreement becoming binding upon First National, they shall pAy
any and all reasonable costs incurred by First National to
effectuate this Loan Modification and Extension Agreement,
Including but not limited to attorneys' fees, recording costs and
coats for title insurance.
1o. Sxcept as specifically modified herein, the terms of the
Loan, Note, Cassel Deed of Trust, Decor Deed of Trust and the
Other Collateral Documents shall remain unaffected, unchanged and
unimpaired by reason of the execution of this Loan Modification
rnd Extension Agreement and all the terms and conditions of these
documents shall remain in full force and effect.
11. once this Agreement has been fully executed, regardless
of whether the conditions precedent to this Agreement becomin7
effective and binding upon First National are satisfied, First
National shall have no duty to return sums paid to it in
accordance with the terms of this Agreement.
12. Borrowers thall execute such other and further documents
to implement and effectuate this Agreement as First National
shall deem necessary or desirable.
12. Borrowers acknowledge and agree that they have had
access to, and an opportunity to seek, independent legal and
financial advice with respect to the effect and consequences nf
executing this Loan Modification and Extension Agreement,
regardless of whether they have done so. They have agreed to
L�
-6-
enter into and perform under this ,Agreement freely and
voluntarily and without duress or coercion of any kind.
14, Nothing contained herein shall be construed as creating
a joint venture, partnership, or any other entity or relationship
between the parties hereto, other than the relationship of a
Lender and its Borrowers.
15. The legal principle that a document shall be strictly
construed against the party who drafted it, and other similar
legal principles, shall have no application to interpretation of
this Agreement.
16. This Agreement shall be binding upon and inured to the
benefit of the parties, their heirs, successors, administrators,
personal representatives, other legal representatives and
assigns.
11. Borrowers agree to furnish First National with an annual
statement for the real property collateral showing total income
received and total expenses paid within 90 days after the close
of each fiscal year. In addition, Borrowers shall furnish First
National with annual tax returns and shall also provide updated
financial statements and such additional information required by
First National an an annual basis or qv arterly upon request.
18. Grantor, by its signature below, acknowledges and
consents to the extension of maturity and other modifications
contained in this Agreement.
DATED this day of J� 1990.
BENEFICIARY:
FIRST NATIONAL BANK OF ANCHORAGE
By
Its
BORROWERS:
ROY L. CASSEL
LILLIAN E. CASSEL
-7-
GRANTOR:
DECOR INDUSTRIES, INC.
By -
Ita
STATE OF ALASKA )
) as.
THIRD JUDICIAL DISTRICT )
The foregoing instrument was acknowledged before me
this day of , 1990, by _
the .,� of FIRST NATIONAL AA14K OF ANCHORAGE, cn
behalf oP tie b.
Notary Pubic li and for Alaska
My Commissien Expires: _
STATE of ALASKA )
THIRD JUDICIAL DISTRICT j
The foregoing instrument was acknowledged before me
this day of , 1990, by ROY L. CASSEL,
Notary Public in And for A dBAd
My Commission Expires:
STATE OF ALASKA )
) se.
THIRD JUDICIAL DISTRICT )
The foregoing instrument was acknowledged before me
this day of , 1990, by LILLIAN E. CASSEL.
Notary Public n and for Alaska
My Commission Expires: __ ...
STATE OF ALASKA )
) se.
THIPI) JUDICIAL DISTRICT )
The foregoing instrument was acknowledged before me
this day of , 1990, by
the of DECOR INDUSTRIES, INC., on a aIf of
the corporat on.
LIONIRI- Iat,lb
Notary Fu��ic in 'and for Alaska
My Commission Expires:
-a-
f�
CITY Or rtrnmi
"Od Godyzdal 4 41142, ,""
210 FIDALGO KENAI, ALASKA 99611
TELEPHONE 283.7535
FAX 907.283.3014
MEMORANDUM
TO = Mayor Williams and Council Members
FROM = Janet A. Sumey, Secretary
DATE = May •10, 1990
RE = Recommendation from Airport Commission Regarding the Eri.ksen Group
The Kenai Airport Commission requests the Kenai City Council approve the use of
the Eriksen Group for the purpose of developing the Airport Commission and City
Council public relations program for FY1990/91.
ROS/jas
Ap,il 11, 1990
TO: Members of the Kenai City Council
Mayor John Williams
FROM: Steven J. Peloza
SUBJECT: A sports -oriented picnic area
I would like to thank the council and Mayor Williams for the
opportunity to present an idea that I believe can be positive
and rewarding for myself, as well as the community.
I would like to operate a sports -oriented picnic area on the
Kenai Beach this summer. The area is one half mile north of the
parking lot area, around the first point, and will extend up the
beach about one mile north.
Besides creating a healthy, drug and alcohol -free environment
with a myriad of sports offerings for all ages, there is an earth -
friendly catch.
I would like to propose cleaning up the Kenai Beach -- not only
in the picnic area, but all of the beach. I would employ teens,
seniors and others as my staff. They will not only operate and help
with the sports activities, but will continually clean the beach
on a daily basis. I propose cleaning the beach -- all of the trash,
junk cars, fish nets and anything else that doesn't belong there.
I would like to operate the picnic area five days a week for six
hours a day, during low tide.
The city can back this proposal and help to create a sports -oriented
environment for locals and tourists and at the same time, the beach
will be trash -free.
Sports activities will include volleyball, a golf driving range,
archery, nature walks, football, soccer and yard darts. There will
be a snack bar, nature walks, music and portable toilets. There will
also be special activities for seniors.
Any equipment necessary for operation will be removed from the beach
at the end of each day. The use of vehicles will be necessary to
shuttle people to and from the area and for the cleanup each day.
I came up with this idea on one of my many trips to the beach. Often,
I take one golf club and hit a ball as I go along. When the tide is
out, the beach area is wide and open. This picnic area would not
interfere with anyone and it would not disturb the naturalness of
the area or harm the beach in any way.
I have extensive experience in the parks and recreation area, as well
as the food service business. I am confident I can create this area
and enhance the beach, as well as enhancing the lives of people in
the area.
I propose creating a positive, healthy environment for teens ant
seniors. This area would be accessible to people who do not
get to participate in this type of experience very often.
I would like to start the picnic area by the first of June, so time
is of the essence. I would like to ask the council their thoughts on
this and would appreciate any direction and help it can give me.
Thank you for your time and serious consideration of this proposal.
Sincerely,
Steven J. Peloza
G - /
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.
JOHN J. WILLIAMS, MAYOR
ATTEST:
Janet Ruotsala, City Clerk
First Reading: May 2, 1990
Second Reading: May 16, 1990
Effective Date: May 16, 1990
Approved by Finance: C `1a
(4/25/90)
jas
�f ~ CITY OF KENAI
KENAI SENIOR SERVICES
361 SENIOR COURT KENAI, ALASKA 99611
(907) 283-4156
MEMO
TO: Sandra Parnell
FROM: Pat Porter'_
DATE: April 19, 1990
REFERENCE: Kenai Senior Connection
Donation
Sandy, the Kenai Senior Connection recently donated $720.00 to the
senior center. These funds should be appropriated for janitorial
services -in the Borough senior account number 025-74-4540.
Their donation will cover the janitorial services for the months of
March, April, May and June.
C - a
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 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 Ruotsala, City Clerk
First Reading: May 2, 1990
Second Reading: May 16, 1990
Effective Date: July 1, 1990
Approved by Finance: fcc a
(4/25/90)
kl
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C-3
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, 199C
Second Reading: May 16, 1990
Third Reading: July 1, 1990
Approved by Finance:
(4/25/90)
kl
c—y
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 Ruotsala, City Clerk
First Reading: May 2, 1990
Second Reading: May 16, 1990
Effective Date: July 1, 1990
Approved by Finance: Cr' 4la
(4/25/90)
kl
Suggested by: Administration
City of Kenai
RESOLUTION 90 - 20
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, SETTING THE
PERCENTAGE OF FAIR MARKET VALUE TO BE USED IN ORDER TO DERIVE A FAIR
RETURN ON LEASE OF CITY LANDS.
WHEREAS, KMC 21.10.130 (a) (2) states that the percentage of fair
market value to derive a fair return on lands to be leased by the City
shall be set annually in May by resolution of the City Council.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that the rental rates to be set on any City lands to be leased
after the effective date of this resolution shall be 6% of appraised
fair market value as established by a qualified independent appraiser.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of
May, 1990.
JOHN J. WILLIAMS, MAYOR
ATTEST:
City Clerk
Approved :by Finance: (T 2a
(5/9/90)
kl
C-6
Suggested by: Administration
City of Kenai
RESOLUTION NO. 90-21
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA TRANSFERRING
$9,000 IN THE GENERAL FUND FOR REPAIRS TO THE CITY HALL VENTILATION
SYSTEM AND OTHER REPAIRS AND MAINTENANCE.
WHEREAS, the Building Inspector has requested that monies be
appropriated to make repairs to the City Hall ventilation system, and
to provide for other repair and maintenance of City Hall, and
WHEREAS, monies were appropriated this fiscal year for demolition of
dangerous buildings, and it now appears that all such monies will not
be spent this year and may be transferred for other purposes.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that the following budget transfers be made:
General Fund
From: Non -Departmental - Repairs and Demolitions $ 9,000
To: Non -Departmental - Repair and Maintenance $ 9,000
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of
May, 1990.
JOHN J. WILLIAMS, MAYOR
ATTEST:
City Clerk
Approved by Finance: 9(,�
(5/11/90)
kl
1791-1991
CITY OF KENAI
Oapdai 4 4�a� „
_ 210 FIDALGO KENAI, ALASKA 99611
TELEPHONE 283 - 7535
FAX 907-283-3014
MEMORANDUM
TO: Charles A. Brown, Finance Director
FROM: Howard Hackney, Building Official
DATE: May 10, 1990
SUBJECT: Repair and Maintenance Account, Non -Departmental
At the present time there is a balance of $780.00 in this account.
About two weeks ago the ventilating system at City Hall stopped
operating. Control Contractors was working on a job in the area
and they stopped in late on Friday night to make emergency repairs
so that the fan would run, but the system was not operating
correctly.
Today, Gordon Weisdorf from Control Contractors came on the job.
He installed the original system. The central damper motor
controls the other two damper motors. Part of the control motor is
burned aut and is not controlling the other two.
The new motor to replace this will have solid state controls. We
would lake to replace the other two old motors to update the
system.
The three new motors, other controls that need replacing, labor,
travel, etc... comes to $4200.00
$4,200.00
100.00 emergency repairs made earlier (estimate)
1,500.00 Kelly Electric to wire humidifier (estimate)
400.00 Kelly Electric to rewire headbolt heater
at City Hall
_2,800.00 for remainder of year
$9,000.00
!'"_Y 16 '_;U .Lt. F...=iiHl PDf Ii'�SULH BC' RV :07_'t,�i=l'�,_
F. . 7
KENAI PENINSULA BOROUGH
u 1 144 N. BINKLBY • SOLDOTNA. ALASKA 99669
PHONE (907) 262.4441
M E M O R A N D U M
TO: Janet Ruotsala, City of Kenai Clerk
FROM:M Kristine A. Schmidt, Deputy Borough Attorney
DATE: May 16, 1990
DON GILMAN
MAYOR
SUBJECT: Kenai Merit Inn Corporation--1990 Liquor License Renewal
The Kenai Peninsula Borough requested that the City of Kenai
ask for a 30-day extension of time from the Alcoholic Beverage
Control Board so that the Borough could explore its options in
this case. As you are aware, the Corporation filed a bankruptcy
petition, and the Borough and City are prohibited from trying to
collect delinquent sales, real property and personal property
taxes from the Corporation without the permission of the
bankruptcy court. This includes liquor license protests.
On the advice of Borough bankruptcy counsel, the Borough has
decided not to pursue a request for the bankruptcy court to allow
the Borough to protest the license. Instead, the Borough will be
paid delinquent borough and city personal property taxes from the
sale of some of the personal property. In addition, the proceeds
from the sale of the liquor license will be escrowed for the
delinquent borough and city sales taxes, and it is likely that the
Borough will be paid from those funds.
There are Borough and City of Soldotna real property taxes
that are delinquent, but these will be negotiated further.
I hope this memo addresses your concerns.
if you or the Council have any questions.
Please contact me
C r7
1791-199
CITY OF KtNA►1
G'dpil l 4 44z4a „
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
h OF
STEVE COWPER, GOVERNOR
DEPARTMENT OF REVENUE 550W.7THAVE
ANCHORAGE, AUISKA 99501-8698
ALG10r�OLlC BEVERAGE Gn'NrROL BOARO
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
RECREATIONAL SITE
Peninsula Oilers
0
jz'
cc; Kenai Peninsula Borough
PACKAGE STORE
yS(eia of ajaska `t PAGE 1 OF 2
k Beverag°°°ntrol Board LIQUOR LICENSE APPLICATION
Seventh ka P950
A" ��°' (Please read separate instructions) Send
ep Pon! 1 and 210 the ABC Boats.
(sal) zn-e63e Keep Pert 3 for your files.
This application Is for. (check one) A full calader yew ❑ The ou month period beginning and ending — --- - - -
SECTION A. LICENSE INFORMATION. -at be completed for aid types of applications.
^
Cleanse
Type of Application: L ype
6 t12 ®�
❑ New I r S N �.
Renewal �1 r •- n
SWuts Reference
1* 04.11.090
For Lkansa year,
I ? ()
Faderel EIN
a XJ' 5 1 �.�
Within ■ Abu Idpfl�Ny (8�p.clfy) OR ❑ outelda I,wnklpallry
Flling Fee $ 100.00
.
❑ Transfer of a Nunier
D.1 ta�(�) esat 30 sight -hour
`" duringhaa�the p� colander yew? (AS
Qf-
applicable)
License Holder
(j Q 3
❑ Ran
If no will be denied unless written request for
)4 YES waiver of�°�011apw Lion Is approved by the Alcoholic Beverage
❑ NO combo eoerd. i ,
--
Total �� C
Submitted $
Enter apptcont s or trensferei a name and melBrg
address as A should appear n the Ncorbse:
W ^ 8 F1 S �O vt/
T-4vS
THIS IS A NEW MAILING ADDRESS
trCEIushese N (Businese Nemyj
G !� 1L i 'V !�/
Community Council None mid Melling Address
See Instmctlons)
Sir or
Business Phone NurtDar(s) ?? I
� _S (7 _J 1
SECTION B. PREMISES TO BE LICENSED. Muet-corniolotedforNewand Relocation applications.
Name to be usedoynA� public sign or In advertls b 9, promisee: Is location of premises greater Men or lees then 50 miles from the boundaries of a
�C N(1 JV V q municipality(InODrporated City, DOIOUgh Or unified municipality)?
Closest School Grounds: Dletarnco measured under:
seat Church: �,(
AS O4A 1.410 OR ❑ Greeter than 50 mates }�1 Less then 50 .Iles ❑ Not Applicable
CloI /
❑ Local Ordinance No.:
Premises to be licensed Is: ❑ Plans submilited to Fire MershaN (Required for new and proposed buildings)
XE.MWV aditty ❑ New BuildingProposed Building ❑ Diagram of Promisee Attached (Required for aid New and Relocation applications)
SECTION C. RENEWAL INFORMATION. must be completed for Renewaiapplications only.
Has rho area whom alcoholic beverages we sold.served,
Has the of financial lntoiat charged from the last
PACKAOESTORE. Is the notice to sell alcoholic diver.
consumed, se med, po°°aed andforstored been changed lrom tat
statement submitted to the Alcoholic Boverago Control
ages In reponso to written orders being renewed 7
Waitdiagram submitted?
Bowd7
❑ YES NO
❑ YES NO
❑ YES ❑ NO
SECTION D. TRANSFER INFORMATION. M,st be completed for Tractor of license Holder and Relocation applications only.
❑ Involuntary Transfer. Attach documents which evidence "dsfwK' under AS
04.11.670.
❑ Reg dw Transfer. Any Instrument executed under AS O4.11.670 for purposes of
applying AS O4.11.360(4)(B) In a loer Involuntary treneler, must be filed with this
application (15 AAC 104A 05(fi). Real or personal property conveyed with this transfer
Is: (Attach extra shoots N necessary)
None(s) and Moiling Address of Current Llconsse(s) - - -
BEFORE TRANSFER, Doing Business As: (Business Name)
BEFORE TRANSFER, Sir" Address or Location
SECTION E. CORPORATION INFORMATION.
Must to completed If applicant or co-appecent Is a corporation. (AE 04.11.390)
corporate Nome l�
1�cvn, n'l e,, �N1✓CJ2�
Doing Business As (Business N�1_na)
KGn.n, >�C2,T =,(—
Date of Incorporation In Alaska
// 3
% //
Malang Address
Go-f �`i o L
Street Address or Location of Bu
'00 S w, � � .�i
_�o
City, Slate, Zp C°Q° [�
Cly and State
Corporate OOka Phone No. `
IS me above named corporation at good sanding with me State of
Aleska Department d Comm ace antl Economic Devebprtent7
YES ❑ NO
RegisM teraq Agent (N knd Moiling Address)
` J S c 13 r 2
o iso �� A u
a n —
Agent's Alaska Residency --
(
Years: Months:A�
Agents Phone No.
CORPORATION DIRECTORS AND STOCKHOLDERS (Use additional shoos If necessary)
. or Shares of
Initiate) Name (Do not use Inae)
Hone Address
Date of Birth
Ownership
N I I I1 [�
hi7Scf_ •20
F
��3� C�✓. ��,'. ,1�; �N(� `jrI517
-'V Li /4
:.-'.x-,
NO
p
I
THIS AREA OFFICE USE ONLY
License Number Data Approved Directors Signature -
Fomn 04-901 Pagel (Rev. 8/89)
'4LAS6 LIQUOR LICENSE APPLICATION
PAGE 2 OF o
6ECTION F. INDIVIDUAL/CORPORATE OFFICER INFORMATION. The following Information must be provided for each applicant or corporate officer. If
'-applicant or co-applicara Is a corporation, the officers listed must Include the President, Vice -President, Secretary and Treasurer. Use addfflonai pages ss necessery.
Full Name ( not use nitla LL
Full Name (Do rat Yee Initlels)
,n/CPc_�
f�ic_ nL Jar F'r� QSC~ 1J��
i—
Malling Address -
Mali Address
City, State, Zip Code. •
City, State, Zip Code
Home Add jX dMerem from trg address)
Home�dd B different from mailing address)
v.� t
ZOot CRo.a,�
-� C ,� ,, cL,
Data of rth
Home Phone
work Phone
Data of Birth
Home Phone
Work Phone
L th of Alaska Residency
If applicant Is a corporation. IdmUfy the corporate office you
hold. •.
Length of Alaska Residency
Years _' r :Homing
If applicant is a corporation, Identify the corporate office you
hold.
Yeare�
Mon is
Full Name (Do not use Insists)
Full Name (Do not use Initials)
Meiling Address' - �-
Mailing Address
j
City, State, Zip Code -
City, State, Zp Code
-
l
Honor Address (s different from mailing address)
Home Address (B different from mailing address)
Dale of Binh
Home Phone -
-Work Phone
Date of Birth
Home Phone
Work Phone
Length of Alaska Residency
If applicant lsa corporation, Identify the corporate office you
Length of Alaska Residency
If applicant ice corporation, Identify the corporate office you
Years Months
hob'
Years Months
hold
SECTION G. INDIVIDUALJCORPORATE OFFICER BACKGROUND. Muatbecompleted for all typesofapplications.
Does any Individual or corporate officer, named above now have any direct or Indirect Interest In any other alcoholic leverage business licensed In Alaska or any other state?
IA ND ❑ YES If yes, give state, name of business, and address.
T� �_ _ f-
Has any individual or corporate officer listed above been convicted of a felony, a violation oI AS 04, or been convicted as a Ilcenaes or manager of licensed promtses In another state
iM liquor laws of that state since the OXng of the Iasi application? _ .
NO ❑Bag[ YES yes, planes explain on separate shof paper.V ...�,_.,�
SECTION H. DECLARATION. Must be read and certified by each applicant
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 certify that I have read and am familiar with Title 4 of the Alaska statutes and Its regulations, and that In accordance with AS O4.11.450,
no person other than the applicant(s) or licensee(s) has any direct or indirect financial Interest In the licensed business.
I 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(APPLICANT),
SIGNATURE(S) OF TRANSFEREE(S)
Subscribed and swom to before me this • ! ,
Subscribed and awom to before me this
tley of i ^�.i`%f-�1."J.�.r 19
day of
NOTARY PUBLIC IN AND FOR ALASKA
NOTARY PUBLIC IN AND FOR ALASKA
/ r
My commission expires
My commission expires
-1
Form 04-901 Pago 2 (Rev. fve9)
a
1791-1991
CITY OF KENAI
CtZjP4:%i 4 44j,&" . ,
_ 210 FIDALGO KENAI, ALASKA 99611
TELEPHONE 283 - 7535
FAX 907-283-3014
MEMORANDUM
TO: Mayor John J. Williams and Kenai City Council
FROM: Kim Howard, Administrative Assistant,/
DATE: May 8, 1990 h
RE: Tidelands Lease Application
Tract C, Kenai Tidelands Survey No. 2
An application to lease tidelands has been received from Larry B.
Powers d/b/a Cook Inlet Seafood Services for the referenced
property. The purpose is for a boat haulout and mooring a
floating dock. In accordance with KMC 11.20.080, the public
hearing for this application was advertised on April 13 and April
24, for the May 16, 1990 City Council meeting.
Attached is a copy of the application, including a drawing and a
financial plan. I have also enclosed a location map. The
appropriate performance bond and non-refundable filing fee have
been received. The City received preliminary drawings from Bill
Kluge on April 25. They are available at City Hall if you wish
to see them prior to the Council meeting. A copy of the public
notice for the Corps Permit Application has been received and is
attached. The City Engineer has noted that the Corps Permit
Application indicates the ramp is 24' wide while the preliminary
plans show the ramp is 32' wide. Also, the Corps Permit
Application indicates anchors will be used and the plans show
piles. The Corps Permit application must be revised and needs to
correspond to the design plans. Mr. Powers will need to rectify
that.
The Kenai Planning & Zoning Commission reviewed the application
at their April 25, 1990 meeting. It was approved with t:he
exception that the plans be stamped by an engineer and a Corps
Permit for this project be received before a lease is entered
into. The application is in conformance with the zoning
requirements.
The Kenai Advisory Harbor Commission reviewed the application on
May 7, 1990. It was approved provided the plans be stamped and
signed by a professional engineer and a lease be contingent upon
the approval of a Corps of Engineers Permit that is consistent
with the plans.
At the March 7, 1990 City Council meeting, Mr. Powers asked the
Council if they would consider leasing him the property without
an engineered drawing. The consensus of the Council was that
drawings of the project, stamped by an engineer, and a copy of
his Corps permit would be required before a lease is entered
into.
KMC 11.20.070 states "The City Council shall make the final
determination of the selection of the applicant based upon the
Commission's recommendation and approve or reject the choice of
application made." Does the City Council wish to approve the
lease application, provided the plans be stamped and signed by a
professional engineer and a lease be contingent upon the approval
of a Corps of Engineers Permit that is consistent with the plans?
I expect Mr. Powers to attend the May 16 meeting to answer any
questions that you may have.
Attachments
cc: Larry Powers
/kh
FOR CITY USE ONLY
CITY OF KENAI
210 FIDALGO - KENAI, ALASKA 99611
TIDELANDS LEASE APPLICATION
[KMC 11.20.050 (a)]
Name of Applicant
1 airy
�pk)e1' ,S
dq
Cea� �nfCT` ,Se^' SCE► S
Address
oX vo
Business Name and
Address
Coo/ -1.17
/el SeQ
-Od Sys,
Telephone Number
2&?`3 - s-P 2 F' ,
Property Description 7'
Tidelands Plat Number rae e "r `' r__f61A 2-- R'?-.2-
Desired Length of Lease
Property to be used for l6r.. // /�U/o uZz and Woc�.���
Time Schedule for Proposed Development:
Beginning Date: / 5 91J
Proposed Completion Date: 9/
Estimated Value of Construction: $ /00., OOO
Checklist of attachments:
Development plan and drawings
Financial plan of business e4S� / n -IAN sah'z
Performance bond (5% of estimated project cost) _
Non-refundable filing fee of $100
Applicant Signature:
Date:
:90
l _J
COOK INLET SEAFOOD SERVICES
P.O. Box 67
Kenai. Alaska 99611
(907) 283-9646
�2627 28?g�o�
• Alumm inuBoat Repair �'L Larry Powers
• Beach Hauling M ( Owner
• Crane Services
w
• Boat Storage N O o
• Fish Buying No m 3 coo a
• Cold Storage 1 y ? o �40
• Welding
City of Kenai April 4,1990
210 Fidalgo
Kenai, AK 99611
FINANCIAL PLAN
RL construction of Dock and Haulout Ramp,
Larry Powers (dba) Cook Inlet Seafood Services, has the funds
ready and waiting for the go ahead from the City of Kenai. The
aluminum for the dock has already been purchased, The anchors
and chain are also in Cook Inlet Seafood Services yard. The
only materials left to be ,purchased are cement and steel. The
co-,': `or cement and steel will be less than $25,000,00. 1 have
the mioney ana manpower to f inish the ramp and cock by July 1,
I�)90,
SincArely,
W e I- I
Key Bank of Alaska
A KeyCorp Bank
11311 Frontage Road
Kenai, Alaska 99611
(907) 283-7542
April 3, 1990
City of Kenai
210 Fidalgo Street
Kenai, Ak. 99611
Attn: Kim Howard
Re: Cook Inlet Seafood Services
Larry Powers
Dear Ms. Howard:
By request of Larry Powers, our bank has been instructed to verify
his account balance.
The balance of Cook Inlet Seafood Services as of 4-3-90 is $57,362.71.
jcerely,
Chivers
AVP/Branch Manager
Involved. Innovative. Professional.
I a
J m
n a
I m
Eo
_ E O
I\GWIW'' _
OZ I—
Public Notice
US of A � of Applicatior
Alaska District •
Regulatory Branch (1145b) for Permit
Post office Box 898
Anchorage, Alaska 99506-0898
PUBLIC NOTICE DATE: 19 April 199
EXPIRATION DATE: 18 May 1990
REFERENCE NUMBER: 1-900110
WATFIMY NUMBER: Kenai River 258
,,
Interested parties are hereby notified that an application has been received
for a Department of the Army permit for certain work in waters of the United
States, as described below and shown on the attached plan.
APPLICANT: Mr. Larry Powers, Post Office Box 67, Kenai, Alaska 99611.
WCATICN: Mile 1.2 on the descending right bank of the Kenai River located
within section 4, T. 5 N., R. 11 W., Seward Meridian, Alaska.
WORK: To seasonally moor a floating, T-shaped camercial dock with the main
se t on measuring 128' long by 16' wide, and the cross-section 80' by 16'.
Also proposed is the construction of a 170' by 24' concrete tile boat
launching ramp.
PURPOSE: To transfer raw fish and provide support service to fishermen
seasonally.
ADDITIONAL INFOR-ATION: A 12"x3O"xl6' reinforced concrete bulkhead will
also be constructed at the shore erO of the floating dock above the mean
high water line.
COASTAL ZONE MANAGEMF1gT ACT CERTIFICATION: Section 307(c)(3) of the Coastal
Zone Management Act of 1972, as amended by 16 U.S.C. 1456(c)(3), requires
the applicant to certify that the described activity affecting land or water
uses in the Coastal Zone complies with the Alaska Coastal Management
Program. A permit will not he issued until the Office of Management and
Budget, Division of Governmental Coordination has concurred with the
applicant's certification.
PUBLIC HEARING: Any person may request, in writing, within the camnent
period specified in this notice, that a public hearing be held to consider
this application. Requests for public hearings shall state, with
particularity, the reasons for holding a public hearing.
CULTURAL RESOURCES: The latest published version of the national Register
of Historic Places has been consulted for the presence or absence of
registered properties, or properties listed as being eligible for inclusion
therein, arri this worksite is not registered property or property listed as
being eligible for inclusion in the Register. Consultation of the National
Register constitutes the extent of cultural resource investigations by the
District Engineer at this time, and he is otherwise unaware of the presence
of such resources. This application is being coordinated with the State
Historic Preservation Office. Any comments they may have concerning
presently unknown, archeological, scientific, prehistorical, or historical
data that may be lost or destroyed by work under the requested permit will
be considered in our final assessment of the described work.
ENDPNGEP`ED SPECIES: The project area is within the known or historic range
of the Peale's Peregrine Falcon. Preliminarily, the described activity will
not affect endangered species, or their critical habitat designated as
endangered or threatened, under the Endangered Species Act of 1973 (87 Stat.
844). This application is being coordinated with the U.S. Fish and Wildlife
Service and the National Marine Fisheries Service. Any cettanents they may
have concerning endangered or threatened wildlife or plants or their
critical habitat will be considered in our final assessment of the described
work.
FEllERAL SPECIES OF CONCERN: The following Federal species of concern may
use the project area: Steelhead Trout, Sockeye Salmon, Chinook Salton, Coho
Salmon, Lesser Canada Goose, White -fronted Goose, Bald Eagle, Trumpeter
Swan, Tundra Swan, Mallard, Lesser Sandhill Crane, and Peale's Peregrine
Falcon.
FLOOD PLAIN MNAGEMMr: Evaluation of the described activity will include
conformance with appropriate State or local flood plain standards;
consideration of alternative sites and methods of accomplishment; and
weighing of the positive, concentrated and dispersed, and short and
long-term impacts on the flood plain.
SPECLAL ARFA DESIGNATICN: The _project is located within the Kenai River
Special Management Area.
T;VALUATIOPI: The decision whether to issue a permit will be based on an
evaluation of the probable impacts including cumulative impacts of the
proposed activity and its intended use on the public interest. Evaluation
of the probable impacts which the proposed activity may have on the public
interest requires a careful weighing of all those factors which become
relevant in each particular case. The benefits which reasonably may be
expected to accrue from the proposal must be balanced against its reasonably
foreseeable detriments. The decision whether to authorize a proposal, and
if so the conditions under which it will be allowed to occur, are therefore
determined by the outcome of the general balancing process. That decision
should reflect the national concern for both protection and utilization of
important resources. All factors which may be relevant to the proposal must
ne considered :including the cumulative effects thereof. Among those are
conservation, eeonctnics, aesthetics, general environmental concerns,
wetlands, cultural values, fish and wildlife values, flood hazards,
floodplain values, land use, navigation, shore erosion and accretion,
recreation, water supply and conservation, water quality, energy need.;,
safety, food and fiber production, mineral needs, considerations of property
ownership, and, in general, the needs and welfare of the people. For
activities involving 404 discharges, a permit will be denied if the
discharge that would be authorized by such permit would not comply with the
Fnvironmental Protection Agency's 404(b)(1) guidelines. Subject to the
preceding sentence and any other applicable guidelines or criteria (see
Sections 320.2 and 320.3), a permit will be granted unless the District
Engineer determines that it would be contrary to the public interest.
The Corps of Engineers is soliciting continents from the public; Federal,
State, and local agencies and officials; Indian Tribes; and other interested
parties in order to consider and evaluate the impacts of this proposed
activity. Any cgmments received will be considered by the Cerpv of
Engineers to determine whether to issue, modify, condition or deny a permit
for this proposal. To make this decision, comments are used to assess
impacts on endangered species, historic properties, water quality, general
environmental effects, and the other public interest factors listed above.
Comments are used in the preparation of an Environmental Assessment and/or
an Environmental Impact Statement pursuant to the National Environmental
Policy Act. Comments are also used to determine the need for a public
hearing and to determine the overall public interest of the proposed
activity.
Comments on the described work, with the reference number, should reach this
office no later than the expiration date of this Public Notice to become
part of the record and be considered in the decision. If further
information is desired concerning this notice, contact Mr. Richard C.
Borsetti at (907) 753-2712.
AUTHORITY: 'This permit will be issued or denied under the following
authorities: Perform work in or affecting navigable waters of the United
States - Section 10 Rivers and Harbors Act 1899 (33 U.S.C. 403).
A plan, Notice of Application for Certification of Consistency with the
Alaska Coastal Management Program, and Notice of Application for State Water
Quality Certification are attached to this Public Notice.
District Engineer
U.S. Army, Corps of Engineers
Attachments
+e* Let. 60°33*0Y'H
NOTES °. L°np. JSl°13 48 "W
6 .PQ�r Nw1y
4
I. All depths and elevations refer rH/S
to MLLW = 0.0 ft. P£Rmir
!.,.: APPL1.
2. Launching ramp to be placed on
natural ground between MHW and w '"
MLLW. 2 R`
^r, _ E 14 A
3. Sections on Sheer 2. �' ��' k K o m
.�`, 0
9
.
T5N VICINITY MAP RI""
\ o I �z
0yI <-, Quad Kenai (C-4 1 I"• I mil* Alaska
v
N �1
j. 10i
r . S °;
P' of
0>
0 of
Kenai Tidelands
Survey No. 2
Tr. C
City of Kenai (owner) FQ one. Bulkhead y'
% i
6 •,
�C� Anchor(Typ.)
%� po
110,
QQ so.
2 -I- PROPOSED PROPOSED FLOA FING DOCK'
4o AND RAMP
0&
oaf-
ao /
�Ca L
0 50 too 200
KENAI RIVER 258
APPLICA';T arry vowed PI;C.rECT Froposed FluaLing L'ock and
1.0. liux ()7 Roat Launching ?.amp
Al'is�ll 1;9011
LOCATION mile 1.2 Kenai purer
t] I-;iLhin Sec. 4 T5r,1, P11W, S.N., A-K
L ,Ind Lhe City of Kenai Plaska
McLANE & ASSOCIATES PPOJECT NO. S11EET OF I GATE
PROFESSIONAL ENGINLERS. SURVEYORS & PLANNERS
PO BOX4F,F3 c(11()(11NA AK99669 907-203-421U 89-3068 1 2 1-21_00
o
Q
w W
« t
o PROPOSED FLOATING DOCK am
o �o
a
v
26.0 HH r 430 116 20' Aluminum floats m �°
Access Romp }
19.5 MHr
0.0 M L L W .-M,v
-l0.7 -11.6 -IJ.9
26.0 HH r
19.5 MHr
I0.0 MLLW
Approx. bottom
(see above
0 25 50 100
SECTION A
e
m
e
PROPOSED BOAT LAUNCHING
RAMP
l70
�- e "s 2'x 24'
Reinforced Concrete rile
0 25 50 100
APPLICAt;T Larry Powers
P.O. Box 67
Kviw i , A l i-,kn 99011
O
McLANE & ASSOCIATI=S
PROFFSSIONAL ENGINEERS, SllfivEYU1 t5 & III.ANNEIIS
P.O. BOX 460 SULOU I NA, AK 9JBG9 907-2U3.4210
SECTION B
TEircovofe for approach
Eder..30.0
-L-� R Exusrmg prove!
12"x 30".16,
Reinforced cone bulkhead
Excavate book
Eder. 50.0
---m
Existing grovel
KENAI RIVER 258
P1),UJECT Proposed Floating Deck and
Basta launching Ramp
LOCATION Pile 1.2 Kenai Fiver
within Sec. 4 T5N, N11W, S.M., AK
and the City of Kenai, Alaska
P1:0JECT NO. SKEET 01 1 GATE
89-3068 2 1-21-90
b L
0 ASTEVE COWPER. GOVERNOR
(j CENTRAL OFFICE
OFFICE OF THE GOVERNOR Po. BOX Aw
JUNEAU.ALASKA 99811-0165
PHONE (907) ,965-3562
OFFICE OF MANAGEMENT AND BUDGET
DIVISION OF GOVERNMENTAL COORDINATION
STATE OF ALASKA
DIVISION OF GOVERNMENTAL COORDINATION
Notice of Application for
Certification of Consistency with the
Alaska Coastal Management Program
Notice is hereby given that a request is being filed with the
Division of Governmental Coordination for concurrence, as provid-
ed in Section 307 (c)(3) of the Coastal Zone Management Act of
1972, as amended (P.L. 94-370; 90 Stat. 1013; 16 U.S.C. 1456
(c)(3)1, that the project described in the Corps of Engineers
Public Notice No. 1-900110 , will comply with the Alaska Coastal
Management Program and that the project will be conducted in a
manner consistent with that program.
Any person desiring to present views pertaining to the project's
compliance or consistency with the Alaska Coastal Management
Program may do so by providing his views in writing to the
Division of Governmental Coordination, Office of Management and
Budget, Pouch AW, Juneau, AIX 99811, within 30 days of publication
of this notice.
Attachment
�p3T pE.
•G�'\O SiAP��P`F
nffr�y To
.TTKNTSON OF,
Regulatory Branch
Permit Processing Section
::1 1
Mr. Larry Powers
Post Office Box 67
Kenai, Alaska 99611
Dear Mr. Powers:
DEPARTMENT OF THE ARMY
U.S. ARMY ENGINEER DISTRICT, ALASKA
P.O. BOX 898
ANCHORAGE, ALASKA 9950"898
AUG 11 1g88
Enclosed is the signed Department of the Army (DA) permit, file number
1-880307, Kenai River 212, authorizing the placement of a floating dock
and access walkway in the Kenai River near Kenai, Alaska. Also, enclosed
is a Notice of Authorization which should be posted in a prominent
location near the authorized work.
If changes in the location or plans of the work are necessary for any
reason, plans should be submitted to this office promptly. If the change-
are unobjectionable, the approval required by law before construction is
begun will be issued without delay.
12L-C- 61
7Ll« tiL�,T
Enclosures
Sincerely,
/ 2e
-Joel R. Ward
Chief, Southern Unit
Permit Processing Section
Regulatory Branch
May 9, 1990
Mr. Richard C. Borsetti
U.S. Army Corps of Engineers
Regulatory Branch (1145b)
PO Box 898
Anchorage, AK 99506-0898
Reference Number: 1-900110
Waterway Number: Kenai River
Subject: Larry Powers
Dear Mr., Borsetti:
C - k-
1791-
CITY OF r%r-nAl
G'djail 4 4,1,aj-4a „
210 FIDALGO KENAI, ALASKA 99611
TELEPHONE 283 - 7535
FAX 907.283-3014
CM RRR: #P 764 073 961
258
Permit Application
Mr. Larry Powers has applied for a Corps of Engineers permit to
build a commercial dock and a concrete boat launching ramp on the
Kenai River. The area he plans to build this on is the City of
Kenai Tidelands.
He has therefore applied for a tidelands lease from the City of
Kenai. The City is requiring that he provide a set of drawings
stamped and signed by a licensed Professional Engineer (P.E.).
Mr. Bill Kluge, architect, and William Nelson, P.E., have submitted
a set of preliminary drawings. The other thing that the City is
requiring is a copy of the Corps of Engineers permit which is
consistent with these drawings. I have enclosed a set: of these
drawings. I have also enclosed a letter dated May 7, 1990 from
Kluge and Associates concerning Larry Powers' Permit Application.
As you can see from the enclosed drawings and Mr. Kluge's letter
the Corps Permit Application does not riiatch the drawings.
The City of Kenai would like to object to issuing a Corps Permit
unless it is modified to coincide with what is planned on the
drawings.
Sincerely,
Keith K:ornelis
Public Works Director
KK/kv
cc: Kluge and Associates
Larry Powers
KLUGE & ASSOCIATES
ARCHITECTS PLANNERS
130 Trading Bay, Sure 330
Kenai
May 7, 1990
Keith Korneli.s, Public
City of Kenai.
210 Fidalgo
Kenai, AK 99611
283-38913 I
Alaska 99811
j 2J
RAY ma
1
Received
V
r+ PrE a Mtir� Dlpt co
�
Works Director
RE: POWER'S KENAI RIVER DOCK - KENAI TIDELAND SURVEY NO. 2 - TRACT C
Dear Mr. Kornelis:
There are some limitations regarding the Powers project that I would
like to point out:
1. The Corps of Engineers permit application shows the ramp at
241 feet wide. The plans that we have prepared show a 16
foot wide launch ramp and a 16 foot wide marine ways for a
total width of 32 feet. Mr. Powers will need to have the
Corps permit amended to reflect this change prior to con-
struction.
2. The Corps permit application shows that the floats are to be
held in place with anchors. Due to the problem of excessive
lateral movement with anchors we recommended that removable
guide piles with permanent sockets be used to anchor the
floats. The permit will need to be amended for this change
prior to construction also.
3. The permit application shows that the ramp will match exist-
ing grade from MLLW (0.0') to MHT (19.5'). The existing
grade varies from 16-21%. It is our opinion that it will
require special consideration during use to insure safety.
Only experienced personnel should use the ramp and ways.
The facility should be washed free of mud, silt, etc. to
maximize traction; vessels should be securely attached to
lau:zch equipment trailers; launching/towing equipment
should be properly sized.
POWER'S KENAI RIVER DOCK
May 7, 1990
Page 2
4. The floating dock is designed to support a maximum axle load
of 3 tons and a gross vehicle weight of 4 tons. This is
roughly equivalent to a small fork lift carrying a standard
1500# tote of fish.
If you have any questions or need more information, please feel free
to call.
Sincerely,
KLUGE & ASSOCIATES
eBillArchitect
BK/ta
file:9070.02
ECONOMIC DEVELOPMENT COMMISSION MINUTES
April 26, 1990 7:00pm
HEA Board :Room
Barry Thomson, Chairman
1. ROLL CALL: The meeting was called to order at 7:15pm.
Commissioners present were: O'Reilly, Elson, Nelson,
and Wallingford. Excused: Scott
Guests: Barry Eldridge, Chairman of the Harbor Commission
Bill Brighton, City Manager
A copy of a letter from Commissioner Penney was read. He has
resigned from the EDC Commission due to relocating to Anchorage.
2. APPROVAL OF THE MINUTES OF MARCH 15, 1990: The minutes were
approved by unanimous consent.
3. COMMISS:ION OPEN DISCUSSION:
Commissioner Elson reported on the E.D.D and a workshop he
recently attended in Anchorage that was put on by the Department
of Commerce. He received a lot of information about the ARDOR
program and how it operates in this state. The ARDOR program
helps to fiend economic development districts and develop programs
to help small businesses in the State.
Commissioner Nelson commented on the Earth Day Fair planned for
the Kenai Mall.
Commissioner O'Reilly stated that the there were good forcasts
for this year's salmon run.
Commissioner Thomson noted that almost 300 people have been layed
off due to the shut down of drilling in the Cook Inlet. Several
platforms are down and it is not known how soon they will start
up again_
Barry Eldridge from the Harbor Commission commented on the work
being done at the Drift River Facility. There are several state
agencies involved and it's not known how long it will take to get
back operating. Mr. Eldridge will try to contact someone and find
out what the latest estimate is for how long the facility will be
shut down.
D. OLD BUSINESS: None
E. PROJECT REPORT PRESENTATION: Mr. Thomson asked Mr. Brighton
and Mr. Eldridge to give the Commission a short sketch on what is
going to happen in the city over the next twenty years in their
various fields of expertise. Mr. Brighton spoke first on the
Kenai Airport:
1. The Airport runway will need to be resurfaced this summer. No
other major expenditures are planned for the airport for the next
five to seven years_
2. The City will be marketing and continuing to develop the Float
Plane Basin.
Page Two
EDC Minutes
April 26, 1990
3. Possibility of an Air Rescue Facility
School. The Fire Training School is a big
if it can get through the legislature and
THE CITY::
and/or the Fire Training
project for this area
the University_
1. The City itself is in pretty good shape. It looks like Kenai
Elementary will be reopening and there is the possibility that
People Count could relocate to the Kenai Mall.
2. Another possibility --The Kenai Peninsula Borough School
District has reported a shortage of space for some time_ They
may be looking to move out of the Borough building and possibly
that move could be to Kenai=- Something to look into to.
3. The population of the City of Kenai was 4,000 in 1980 and grew
to 6500 In 1990. Mr. Brighton did not feel that we will
experience another growth spurt of this kind in the next ten
yeaas.
4. 64% of the water system is being used.
5. 55% of the Sewer Treatment Plan is operating_ This will need
work to meet current regulations_ The money is available to
upgrade this facility (1/2 from the City 1/2 from the State) and
when it is upgraded _ . it should last at least ten more years.
6. The infra -structure is in good shape. Most of the heavily
traveled streets are graveled, roads are paved and water and
sewer lines are in place. The only area left would be Thompson
Park subdivision, but that's not a sure thing at this time. No
major expenditures are planned regarding the infrastructure for
the next ten years_
7. Old Towne: Mr.Brighton gave an update on the problems in Old
Towne_ No solution seen at this time_ Letters have gone out to
all the absent owners-
8- The Merrit Inn is reopening and that's good news for the City
who has been experiencing a real shortage of available hotel
rooms.
9. The FAA building will not be moved in the near future. The FAA
was willing to move it if the City could pay for the move. But
that would be pretty costly and not much actual benefit at this
time. No plans to move the facility are planned for the near
future_
10. The Visitors and Convention Center wil be operating and will
be bringing people into the area. The City will be placing much
more emphasis on the tourist industry.
Page Three
EDC Minutes
April 26, 1990
HARBOR/PORT ARIBA --Barry Eldridge:
1. Port Area: There is the possibility of bringing water and
sewer down to the dock, but this would be an expensive project.
But it could happen in the next ten to twenty years-
2- The Harbor Commission has completed their Five Year Plan and
it includes marketing the Harbor area, promoting new industries
to the Harbor and the Kenai River (Industries that are compatible
with the fishing industry), and investigating ways to bring in
these new industries.
3. Also in the Harbor Commission's Five Year Plan is the problem
with the bluff area. This will need to be addressed in the next
twenty years. Bulkheads were discussed as one way of handling the
erosion problem.
4. The Harbor Commission recently heard a proposal by two men in
the local community who wanted to purchase city land at the docks
to put in a bait/ice shop and eventually have an excursion boat_
At some point an exursion boat would be a good idea and good
business for this area. The how"s and the why-s need to be worked
out, but it is just one of many ideas for promoting the Harbor
area.
5. The Kenai dock will need to be dredged and permits will need
to be obtained. A program will need to be developed for the river
itself, as it continues to change more and more each year. This
will to be monitored. The existing dock will need to be
lengthened and the fuel capacity increased over the next few
years-
6- Limited entry on the river will probably happen and motors
will not be allowed. This was a projection of what will probably
happen and what the City should be looking at in their long
range planning-
7- The fishing industry itself will change drastically in the
next ten to twenty years. Mr. Eldridge predicted that the market
will be for two types of fish . . A. Junk fish for fish sticks,
etc. and B. Elite Fish . . no marks, handled carefully, higher
priced, etc_ He also felt that fish farming will have a major
impact on the fishing industry in this area. The possiblity of
some type of fish meal plant is also a good bet for the Harbor
area. The state agencies will make it tougher and tougher to
dispose of the fish waste and a plant of this type would help
solve the problem.
Commissioners asked questions of Mr. Eldridge and Mr. Brighton
about their ideas for the future of Kenai, the Airport and the
Harbor area- Mr. Brighton was not sure if the Airport would
become a Port; of Entry in the near future_
Page Four
EDC Minutes
April 26, 1990
Mr. Thomson thanked everyone for their input. A lot of
information and ideas were exchanged. The final report on this
twenty year project will be distributed to the City Council and
the Mayor with the EDC's recommendations. A special thanks to Mr.
Eldridge and Mr. Brighton for coming and sharing their view of
the City of Kenai in the future.
F. OTHER BUSINESS: Commissioners discussed the news letter from
the Cooperative Extension Service, the letter from Henry Penney
and copies of the Anchorage Ordinance #89-122 on the
Establishment of a Southcentreal Alaska Region Port Authority.
A article was also discussed, briefly, that concerned the
problems with Exxon and the U.S. Department of Justice_
G_ ADJOURNMENT: The meeting was adjourned at 9:50pm on a motion
by Commissioners Elson and Nelson. Motion carried_
Respectfully submitted,
Patti Truesdell, Recording Secretary
for the City of Kenai
5-1-90
P - Y
KENAI HARBOR COMMISSION MINUTES
April 23, 1990 7:00pm
Kenai City Hall
Chairman Barry Eldridge
1. ROLL CALL: Chairman Eldridge called the meeting to order at
7:00pm. Commissioners present were: Eldridge, Quesnel,
Jahrig and Thompson.
2. APPROVAL OF AGENDA: The addition of "D" under Old Business
will be an update on the Marpol V Regulations. The agenda
was approved by unanimous consent.
3. APPROVA_L OF MINUTES OF MARCH 12, 1990: The minutes were
approved by unanimous consent.
4. NEW BUSINESS:
a. Discussion: Proposal to Purchase City -Owned Land
Adjacent to Boat Ramp and Dock -- Mr. Fred West.
Mr.. West passed out a diagram of his proposal and gave a
presentation on what he would like to do with the
property if he was able to purchase it from the City. He
would like to set up a small shop for now and possibly
have an excursion boat (Mt. Redoubt, oil platforms, etc.)
operation in the future. He feels it would be a good
location for a bait/ice shop and would like to get
started this year. Mr. West and his brother, Mike,
responded to questions from the Commissioners. Action:
The Commissioners recommended Mr. West talk over his
proposal with the City Engineer and City Planner to get
a better idea of the feasability of the plan. They might
also discuss their proposal with the Economic Develop-
ment: Commission and get their input. A lease option on
the property might be considered also. They were
encouraged to return to the Harbor Commission when they
had a more information. Mr. Eldridge thanked
them both for coming and giving their presentation.
Before moving on to the agenda, Commissioners discussed
the question should the City provide power for expansion
on the docks? The pros and cons were discussed with
the upcoming fishing season in mind. Action taken:
A motion was made by Commissioner Quesnel to recommend
to the Harbor Master that we look into enhancement of the
power requirements for the leasees and adjust the leases
based on the improvements made. Motion seconded by
Commissioner Thompson. Motion carried.
5. OLD BUSINESS
a. Update on Beaver Loop Boat Launch: The permits have
been submitted and there is nothing new to report on
this project.
Page Two
Kenai Harbor- Commission Minutes
April 23, 1990
b. Update on Viewing Area: Bill Nelson has taken over
as chair of this project for the Chamber. A test
pile has been driven down in the parking area.
C. Work on Comprehensive Plan: Commissioners reviewed
the Five Year Plan. The Planning Commission will
be meeting soon to finalize the City's Comprehensive
Plan. The Harbor Commission needs to expand a little
on their Five Year Plan and submit it to the Planning
Commission as soon as possible. (Please refer to a
copy of the Five Year Plan attached.)
d. Marpol V: Although it will be the Coast Guard's
responsibility to enforce the regulations, the
Coast Guard does not necessarily notify boat owners,
etc. of the new regulations. Chairman Eldridge will
follow through with getting the new regulations
posted at the dock and making sure that the fish
processors are made aware of the regulations
:required by Marpol V.
6. CORRESPONDENCE: Commissioners discussed the Monthly Report
sent out by the Alaska Department of Commerce and Economic
Development. They also noted the memorandum from Bob Summers
about an upcoming training session for commission members.
The training session will be held on June 4th and will
address how to deal with government agencies and commissions.
7. COMMISSION QUESTION AND COMMENTS: Just a reminder that the
next Harbor Commission meeting will be held May 7th and that
the Larry Powers lease will probably be on the agenda.
8. ADJOURN;VIENT: The meeting was adjourned at 9:27pm.
Respectfully submitted,
Patti Truesdell, Recording Secretary
for the City of Kenai
4-30-90
KENAI HARBOR COMMISSION
FIVE YEAR PLAN
1. Additional boat ramp and development. The City is going
ahead with plans for the boat ramp, permits have been
submitted, and the City has applied for funding from the
Dingall-Johnson Funds. The plans currently call for the
two -ramp option recommended by the Harbor Commission.
2. Lengthen dock and build new trestle --recommend approximately
100' longer and 50' wider and bring the trestle back
towards shore.
3. Promote available lease land on Kenai River --Promotion of
the harbor area. One suggested idea would be a lease for a
boat repair facility. The goal would be to promote
businesses that are compatible with the fishing industry. The
Harbor Commission should continue to investigate ways to
bring in new new industries such as a reduced tax plan, or
bringing water and sewer facilities to the harbor_
4. Fill old boat dock area --look at all the options available
for this area.
5. Continue to explore means of dealing with erosion of the
City bluff area. This may take the form of bulkheads with
release of private lands to the City.
6. Develop a plan for administering the Marpol Annex V 73/78
regulations in the Port of Kenai (Lower River). This will
include notifying the canneries, posting notices at the
dock, and providing containers for the disposal of plastic.
7. Cathodic Protection needs for the dock facility..Have the
consultant from Nordic Corosion look at the dock facility
and make a recommendation as to the need for cathodic
protection.
8. Develop a plan of city waterfront area with the boundaries
of all lease holders and property owners from.the mouth
of the Kenai River to the Ames Bridge. Plats should include
all improvements to the property on commercial -zoned lots.
An overlay is needed of the permitted buoys and moorings in
the river to insure that the vessel traffic lanes remain open.
And lastly, continue to monitor the channel in the river.
D-7
KE NA=r P LANN = NG & Z ON = NG COMM = S S = O N
May 9, 1990 - 7:00 P.M.
City Hall Council Chambers
Phil Bryson, Chairman
1 _ RC�:LL CALL
Present: Bryson, Bannock, Glick, Graveley, McComsey, Rehm
Absent: Harbaugh (excused)
2 _ AP:F'ROVAL OF AGENDA
MOTION:
Commissioner McComsey moved to approve the agenda, seconded by Commissioner
Graveley
VOTE:
Motion passed by Unanimous Consent
3 _ PERSONS PRESENT SCHEDULED TO BE HEARD
None
4_ P U B L I C H EAR = NG S
a. Resolution PZ 90-13: Rezone Properties Known as Kenai Senior Center
andAccompanyingArea.
Planning Specialist Sumey explained that presently, there is a zone split
that runs approximately through the center of the Senior Center. One side
is General Commercial, the other is Conservation. By rezoning the area
to the bluff, the area becomes one zone and by rezoning the area to General
Commercial, it will allow the center to remain and the proposed addition.
Chairman Bryson called for comments from the public, there were none.
MOTION:
Commissioner McComsey moved approval of PZ90-13, seconded by Commissioner
Glick.
Commissioner McComsey asked if wetlands were involved, answer it goes to
the bluff line. Chairman Bryson stated that while it is contoured and on
a slope it is not in wetlands.
VOTE:
Motion passed unanimously by roll call vote
KENAI PLANNING & ZONING COMMISSION
May 9, 1990
Page 2
5 _ AF?PROVAL OF M=NUTES
April 25, 1990
MOTION:
Commissioner McComsey moved approval of the minutes as submitted, seconded
by Commissioner Graveley
VOTE:
Motion passed by Unanimous Consent
G _ O1_,I:) BUS=NESS
a. Development in Townsite Historic Zone (TSH): Will Jahri
Planning Specialist Sumey informed the Commission that the proposal before
the Commission at the last meeting was merely to remove the two domed
buildings on Mr. Jahrig's property. Mr. Jahrig wishes to speak to the
Commission about moving one of the domed buildings onto another lot
belonging to him still within the area.
Mr. Jahrig: I would like to build myself a home on that property on the
bluff, built out of logs. To do that I need to move the two domed
buildings and I would be open to suggestions from the City. I'm not
looking at any kind of commercial use, just my residence.
Commissioner McComsey stated that the use certainly would fit in with the
intent of the zone.
Mr. Jahrig: Right now, I'm interested in getting rid of those buildings.
I would like to do what is best for myself and the area. Commissioner
McComsey: We did approve the removal, answer yes. Mr. Jahrig: What I
wanted was approval to move one off and relocate it on another site. The
place I would like to move it is about 300' to the north. I would like
to give it to my father and he would definitely know that whatever happened
would have to be approved by the City and he lets me have free rein with
the property. I would work any deals with the City. We need something
positive in that area and I wouldn't stand in the way of any progress.
I wou:Ld move them in a minute.
Planning Specialist Sumey asked if Mr. Jahrig had attended the meeting
regarding the funding for historic areas. Mr. Jahrig answered that he was
in Seward. Commissioner Graveley: I think any approval for this to happen
would have to involve the building permit and be contingent on the criteria
set up. Mr. Jahrig: You mean to get a building permit first. Chairman
Bryson: We need to be in agreement on the activities within the zone
itse If.
Mr. Jahrig: I don't believe I will be able to get this done this year.
I might move the small one off and move it down and set it up at the shop
to use as an office so I can vacate the building I'm using now for an
officEa. I'm trying to get everything centrally located at one place. The
Commission further discussed the location of the lot (Lot 19, Block 5,
Kenai Original Townsite). The lot is about 100' x 100'.
KENAI PLANNING & ZONING COMMISSION
May 9, 1990
Page 3
Commissioner Rehm: If you move that building to another lot do you need
approval of people around you? Answer no. Planning Specialist Sumey:
Just moving the building for either a commercial or residential use would
not take a special permit. Mr. Jahrig: I hate to say it, your hair is
going to go up, they are a glorified mobile home. Luckily they last longer
than a regular mobile home. In theory they can be moved, but they are
constructed for long term use. They have been standing for 15 years now.
We moved them from over by Pizza Paradisos to the present site. I would
rather see a home built there. Two kids later we're out of that size of
house.
Chairman Bryson asked what dollar value is involved. Mr. Jahrig estimated
$3,000 to $5,000. Most utilities are already there. If something happens
over there, I'm open. They're not built in concrete, they can be moved
and I'm willing.
MOTION:
Commissioner McComsey moved to approve the moving of the buildings under
the circumstances Mr. Jahrig has outlined, contingent upon the fact that,
down the road some time if something comes up the buildings can and will
be moved off, seconded by Commissioner Graveley
VOTE:
Mr. Jahrig: If something was to happen, I'm willing. I'd like to hear
that too. I was involved in the Old Towne Committee and it got shuffled
under, the carpet and since then I haven't heard much of anything.
Motion passed unanimously by roll call vote
7 _ NEW BUS = NE S S
a. Vacation of 10' Utility Easement: Lot 12, Block 5, Redoubt Terr.
S/D - HUD/Integrity Surveys
Planning Specialist Sumey explained that at the last meeting, the
Commission had an encroachment request regarding this same lot for a side
yard setback. It was determined by the Building Official that the building
is a one story as opposed to the two story as depicted. The carport was
not addressed. The carport extends into the 10' utility easement in the
rear. The original plat shows a 10' utility easement across the rear of
lot:; 1.0, 11, and 12 and appears on no other lots in this block. The
Building Official physically walked the lot and went to the utility
companies and checked the location of the utilities and found that there
are utilities within the easement for lots 10 and 11 but none for lot 12.
There are no utilities within the easement at the rear of lot 12. The lots
(lot. 15) to the rear of lot 12 is city owned and there is no structure on
it, and it can be served by a cul-de-sac at the front of it.
Commissioner McComsey: So because they made a mistake we are supposed to
give them a 10' easement. Commissioner Bannock asked if lot 13 got
utilities, answer from Forest Drive. It is on the corner of Stellar and
Forest. Commissioner Gravely: I have to go with the Building Official
and what the staff report says and that is that there is no use for the
easement.
KENAI PLANNING & ZONING COMMISSION
May 9, 1990
Page 4
MOTION:
Comm--ssioner Graveley moved to recommend approval of the vacation of the
10' utility easement on Lot 12, Block 5, Redoubt Terr. S/D, seconded by
Commissioner Rehm
VOTE:
Commissioner McComsey: I hate to give them back that 10' easement. They
knew where they were building when they did this. Commissioner Rehm: I'd
feel the same, but nobody is using it. Commissioner McComsey: I
understand what you're saying, and I agree with it but I can't agree with
the people building within that easement to start with.
Planning Specialist Sumey: One thing you might keep in mind is the
discrepancy between the surveyors. One done in 1977, another in 1986, and
the final survey in 1989. Commissioner Bannock: Have we decided that it
is encroaching? Answer yes. This was determined by photographs taken by
the Building Official if you base that on where the telephone pedestal is
placed and assuming it is within the easement. Chairman Bryson: I believe
the last survey shows the carport is encroaching by 5'. Commissioner
Bannock: Are we off on our surveys by 5' by any chance? Commissioner
McComsey asked how far a building can sit from a lot line, answer 31.
Motion passed by roll call vote
b. _ Home Occupation: (No material received at packet time)
This item is deleted. The applicant did not follow up the request.
8 _ PI�IN- NNING
a. _ Request by Council to Propose Legislation Reqardinq Encroachments
The Commission agreed to schedule a work session after the next meeting,
May 23rd. The Council is invited to attend if they so desire.
b. Kenai Harbor Commission - Five Year Plan for Inclusion in
Kenai Comprehensive Plan
The Commission agreed that a specific company should not be named (item
7) and also agreed that the plan is very good and will be included in the
Comprehensive Plan.
9 _ RE:F'ORTS
a. City Council
Councilman Smalley reported on the Council agenda items. There were no
comments.
Councilman Smalley asked that anything that is done regarding the landfill
be passed on to Dick Troeger, Planning Director as a courtesy.
KENAI PLANNING & ZONING COMMISSION
May 9, 1990
Page 5
b. Borough Planning
Chairman Bryson reported on two issues regarding the noxious, injurious
portion of the Borough code as reviewed by the Commission.
C. City Administration
None
1-0- 1? E R S O N S P RESENT NO T S CH E D U L E D
Norte
1 1_ = NFO RMAT I O N = TE M S
a. City Council Agenda - May 2, 1990
b. Borough Planning Agenda - *, 1990 (not received by packet time)
C. Alaska Planning Newsletter - Article Regarding Training
d. Letter from Mr. Morris, NOA Regarding Boat Ramp Project
d. Political Handouts from Tony Knowles
No comments or questions.
1-2- COMM = S S= O N COMMENT S & QUESTIONS
None
13 _ AD.TOiJRNMENT
There being no further business, the meeting was adjourned.
Janet A. Sumey
Transcribing Secretary
KENAI BEAUTIFICATION C0MMITTEE
May 8, 1990
Kenai City Hall Council Chambers
Chairman Gerry Sparks
1. ROLL CALL
Present: Sparks, Hakkinen, Selby, Sheldon, Jackson
Absent: McComsey, Wisniewski (excused)
2. PERSONS PRESENT SCHEDULED TO BE HEARD
a. Scott Kodysz - Designs: Welcome to Kenai Sign
Scott Kodysz of Designs made a presentation to the Committee of
two design ideas for the "Welcome to Kenai" sign. Both designs would
be approximately 6' to 7 1/2' tall and 10' to 11' wide and would be
constructed of metal framework, such as drilling pipe with a steel or
aluminum sign face that could be painted white and any wording used on
it could be removed and the sign be redone for future use. The sign
face would be trimmed in a hardwood such as birch. Both designs could
be constructed and installed within the $4,000 budget range.
It was noted by the Committee that neither sign design stressed
that it was the City of Kenai's Bicentennial instead of the Kenai
Peninsula. It was felt that tourists might be confused on that point
and also neither sign gave directions to Kenai. Mr. Kodysz agreed to
redo the designs and make the suggested changes and present them again
at the next meeting.
He will also report on Tourist Oriented Directional Signs which
could be used at several places giving directions to Kenai.
3. APPROVAL OF AGENDA
Agenda approved as submitted
4. APPROVAL OF THE MINUTES
April 3, 1990
Minutes approved as submitted except for one change suggested by
Director McGillivray that it be noted that the Parks and Recreation
Department, not the Council, had requested the sidewalks to be put in
the budget.
5. OLD BUSINESS
a. Flag Pole Prices
Director McGillivray reported that he had been in contact with
KENAI B:AUTIFICATION COMMITTEE
May 8, 1990
Page Two
an Anchorage firm regarding the flag poles. He would like to go with
two 28' poles and one 33' pole for the center. They would be set in
concrete with approximately 3' buried in the ground. Director
McGillivray stated that he preferred the clear anodized poles rather
than the satin finish. The price for the three poles delivered to
Kenai would be approximately $2,916 and within the budget.
b. Storage Building
Director McGillivray has been in contact with two steel building
companies regarding a building for storage to use in place of the
vans. The companies are Parker Building of Soldotna and Town and
Country Steel Buildings. A simple 24' x 36' pole building with one 8'
x 8' door and one 3' x 6' was priced. Both have a metal sloping roof
with a forty pound snow load. The price for the Parker building was
$6,540 and the Town and Country Building $5,100. Director McGillivray
stated that he had spoken to the prison officials and an exchange
could probably be made for prisoners to erect the building in exchange
for basketball team fees at the rec center or something similar. He
stated that the Street Department would do the basic ground work
necessary. It was decided that Director McGillivray would go ahead
and order the building.
MOTION:
Committee Member Jackson moved to inform the Council that the
Beautification Committee recommends approval of the request to
purchase the storage building chosen by Director McGillivray, seconded
by Committee Member Selby.
VOTE:
Motion passed unanimously
C. Cleaning up Old Towne
The question of the cleanup of Old Towne is tabled until the next
meeting as it is hoped Fred Braun will be able to attend.
d. Lawton Strip Clearing
Council Member Swarner stated that she had received complaints
about the brush left near the bike path on the Lawton strip cleanup
project. Director McGillivray stated that the reason the brush had
not been removed yet is that the ground is still too wet. He will
talk to thE? Public Works Director to determine the status of the
situation.
KENAI BEAUTIFICATION COMMITTEE
May 8, 1990
Page Three
e. Letter to Big John's
Chairman Sparks stated that she liked the letter written to Big
John's by Robert Williams, President of the Board of the KBV&CB.
f. Letter from Chief of Resource Management
Concerning the letter the Mayor received from the Chief of
Resource Management regarding the America The Beautiful Program, it
was suggested that Council Member Swarner ask the Mayor if he has
responded to that letter.
6. NEW BUSINESS
a. City of Kenai Flag
Chairman Sparks brought up the subject of a flag for the City of
Kenai that could be flown at the Chamber Office, City Hall, Airport,
etc. It. was discussed that maybe a dozen could be ordered as it is
going to cost quite a bit just to order one flag. Chairman Sparks
will call or write the flag company, sending them a copy of our City
logo and obtain prices and other information.
ADJOURNMENT
There being no further discussion, a motion was made by Committee
Member Jackson and seconded by Committee Member Hakkinen to adjourn.
The meeting was adjourned at 2:30.
The next meeting will be May 15, 1990 at 1:30 p.m.
1791
CITY Of
CapiW 4
210 FIDALGO KENAI, ALASKA 99611
TELEPHONE 283-7535
FAX 907-283-3014
May 1.1, 1990
TO: Council
FROM: Janet Ruotsalaf
City Clerk
RE: RIP Program -
Notice of Reconsideration Given May 2, 1990
I reeceived a call from Councilman Smalley on May 9, 1990 at
10:20 AM notifying me that he is withdrawing his notice of
reconsideration.
I have placed the item on the agenda under Old Business,
this can still be brought up for discussion by any
Councilmember that voted on the prevailing side (Smalley,
Swarner, Walker, Williams, Measles).
jr
1791-1991
/CITY 0F KENAI
1/
,cd 4
210 FIDALGO KENAI, ALASKA 99611
TELEPHONE 283 - 7535
FAX 907-283-3014
MEMORANDUM
TO: Kenai City Council
FROM: Charles A. Brown, Finance Director
�aQ
DATE: May 9, 1990
SUBJECT: R.I.P.
After the May 2, 1990 Council meeting, I felt that Council has not
been kept adequately informed of the original R.I.P. legislation and
its recent: amendment. Many months have passed since the original 1989
legislation; perhaps a general review is needed prior to your proposed
reconsideration of this matter on May 16, 1990. This memo is a review
of the R..1.P. program. I will try to avoid confusing the issue with
volumes of: numbers and with opinions that have already been expressed.
I. The 1989 Legislation
The June, 1989 legislation allowed state and municipal employees to
participate in the R.I.P. Municipal employees could participate only
with local. governing body agreement. Significant terms of the R.I.P.
are:
1) The municipality must pay to PERS an amount equal to the
additional benefits received by the employee, less the amount
the employee pays to PERS. This is designed so that the
employee and the employer pay the cost of the R.I.P.; the
PERS breaks even.
2) The employee must pay (or become indebted) to PERS 20.25% of
one year's compensation. Public Safety employees pay 22.5%.
This may be paid in cash, or as an actuarial reduction in
benefits.
3) The retiring employee receives three years of retirement
credit. Depending upon the age and service time of the
employee, the three years credit may be in the form of age
adjustment, additional service years, early retirement
actuarial adjustment, or some combination of the above.
Page Two
Council
May 9, 1-990
4) only those employees within three years of retirement
eligibility were allowed to participate. In addition to that
requirement, a three-year employer cost model had to show
that it would save the municipality money. This three-year
model, in short, was calculated as follows:
Three-year cost of R.I.P. employee $ XXX
Three-year cost of replacement employee < XXX >
City payment to PERS < XXX >
Lost interest over three-year period < XXX >
Net savings XXX
only those otherwise eligible employees with a positive net
savings were allowed to retire under R.I.P.
5) Eligible employees had to apply for R.I.P. by March 31, 1990,
and retire by November 1, 1990.
II. The 1990 Legislation
The recent amendment to the R.I.P. made the following changes to the
program for municipal (not state) employees:
1) The employer personnel cost analysis referred to in (4) above
was changed to a five-year model. Normally, this increases
the likelihood that net savings will be a positive number.
2) If net savings is a negative number (a loss), then the
employee can assume a liability to PERS in an amount
sufficient to create a savings for the municipality. This is
accomplished by the municipality reducing its payment to PERS
by the amount of the employees' additional liability. The
objective here is that by reducing the City's payment to
PERS, the loss will revert to a savings.
3) Application and retirement dates were extended one year, to
March 31, 1991 and November 1, 1991, respectively.
III. The City of Kenai's Situation
As a result: of the 1989 legislation, the State identified eighteen
potential R.I.P. employees. The City conducted the required three-year
cost analysis, with the following results:
Page Three
Council
May 9, 1.990
Potentially eligible employees 18
Those showing a three-year loss < 11>
Eligible employees 7
Employees who did not file by 3/31/90 < 4>
Eligible employees who have filed for R.I.P. 3
The new legislation, if approved by the City Council, would allow all
fifteen employees on the original State list (excluding the three
eligible employees who have applied for R.I.P.) to apply. In
addition., there will no doubt be other employees who will become
eligible due to the one-year extension.
The most practical choices for the Council are:
a) I7o nothing. Only those three eligible employees who have
filed for retirement under the 1989 law will be allowed to
take R.I.P. The two employees who filed in anticipation of
the 1990 amendment could not take R.I.P.
b) Accept the new R.I.P. program, as amended by the 1990
legislation, in its entirety.
I realize that some Council members are inclined to approve the new
1990 legislation, except for the five-year model. I suspect that you
may be able to do that by declaring the last two years of the
five-year model as cost neutral, thereby effectively using a
three-year model. (The argument, in effect, would be that we cannot
adequately project beyond three years.)
While I sympathize with this position, it invites problems. The
three-year model is gone from the law; the five-year model is now
written into the R.I.P. program. Using a three-year model, as opposed
to a five-year model, will actuarially reduce the employee's retirement
benefits for the rest of his life. This invites complaints.
The R.I.P. program is very complex. It involves assumptions,
estimates, actuarial adjustments, and indebtedness by employers and
employees. It affects each employee differently. Piecemealing the
legislation will make it vastly more complex and difficult to defend.
I urge you to accept or reject the 1990 amendments in whole.
179"
CITY 01
G'dpilal 4
_ 210 FIDALGO KENAI, ALASKA 99611
TELEPHONE 283-7535
FAX 907.283-3014
April 30, 1990
TO: Council �J
FROM: Janet Ruotsala
City Clerk
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
14,�? 1115
1
—C1
1
1791-1991
CITY OF KENAI
,.ad ea,da� 4 44z&4a„
210 FIDALGO KENAI, ALASKA 99611
TELEPHONE 283 - 7535
FAX 907-283-3014
January 26, 1990
TO: Council
FROM: John J. William
Mayor
Mr. Hallstead has contacted me regarding this organization.
They are hoping to promote legislation beneficial to the
fisheries industry and will come before Council at our next
meeting requesting that the City make a donation (the amount
is unclear to me at this time) and that we become a member
of the OEKOS organization.
Please give this some consideration and be prepared to -
address the matter.
JJW:jr
Introduced by: Atkinson $ Superman
Date: April 17, 1990
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
envircnmen-zal 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 asser-,,bly 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
developmentmay ca,:se; 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 in-
volved in the same pursuits, could aid the borough in such pur-
suits;
NOW THEREFORE, BE I-� RESOLVED BY THE ASSEMBLY OF THE K ENAI
PENINSJLA BOROUGH:
Sect=or. 1. That $3,000 is transferred from account number
100-11101.0--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 1 of 2 Pages
Section 2. That $5,000 is transferred from account number
100-111010--49999 Assembly Contingency to Account Number 100-
111010-439.20 Assembly Dues and Subscriptions to provide for
Pubyic Awareness Committee for the Environment membership.
Sect.icin 3. That this resolution shall take effect im-
mediately upon its adop —;on.
ADOPTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH ON
THIS DAY OF 1 1990.
ATTEST:
Borough Clerk
,tames 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 PENINSL:,A BOROUGH/
RESOLUTION 90-43
AUTHORIZING AN EXPENDITURE OF $2,000 FROM THE ASSEMBLY DUES AND
SUBSCRIPTIONS ACCOUNT FOR ME14BERSHIP IN OEKOS
'vJHEREAS, 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-
can.ization 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;
NOrvl THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KENAI
PENINSULA BOROUGH:
ec�Lon i. That $2,00) is authorized to be paid from Ac-
count No. 100-111010-43920 Assembly dues and subscriptions to
provide for OF-KOS membership.
Sect�cn 2 That this resolution takes effect immediately
upon its aaiopzion.
ADOPTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH ON
T1HiS _ — DAY OF , 1990.
,amen W. Skogstad, Assembly President
ATTEST:
Borough Clerk
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Alaska Valuation Service, Inc.
n* _ —
`D J v 550 WEST 54TH AVENUE • ANCHORAGE, ALAS" 995 f 8
CITY f,Dr„ ; �Y (907) 561.1031 FAX (907) 562.7241
C11 Y OF I'll - ,a�J��
May 11, 1990
Ms. Kim Howard,
Administrative Assistant
City of Kenai
210 Fidalgo
Kenai, Alaska 99611
Dear Kim,
This is in reply to our telephone conversation yesterday
relating to the appraisal needed on Lot 1 Block 1 Gusty
Subdivision. As I understand the situation from talking
to your legal office, the city and the lessee, Ed Ferguson,
have been in litigation for several years over the valuation
method in re -appraisal of the lease rental.
The Alaska Supreme court decision has stated that the rental
must be based on the land use, which in this instance is an
automobile service station. For this appraisal we must
therefore use comparable sales that are of service station sites
or must prove conclusively, (due to the potential of continuing
litigation) that other commercial land sales of different land
uses have the same value as a service station site.
To be frank, at this point I don't know if a service station
site is more valuable or less valuable than a competing site
used for other commercial land uses. All I do know is that
the appraisal, must prove its point or you may be seeing more
of Mr. Ferguson in court.
The appraisal will be a complete narrative on this property
containing all data and analysis to conform to the standards of
the American Institute of Real Estate Appraisers and the Society
of Real Estate Appraisers. We can complete that report with
three weeks to thirty days from the date you advise me to
proceed, and Mr. Ferguson will be contacted within three days of
the assignment to establish an inspection date. The fee for my
services will be a maximum of $3500 which includes travel
expenses.
Thank you for considering me for this assignment.
Very truly y�ouxs
AlfrLd J 6� rara, SRPA, iAI
President
WHITE' -"VENDOR
GOLDENROD - ACCOUNTING
CANARY - ACCOUNTING
BLUE - SHIPPING & RECEIVING
GREEN - APPROVED COPY
PINK - REQUISITIONER
r VENDOR NO._
I
Alaska Valuation Service
TO
SHIP VIA:
PURCHASE ORDER
CITY OF KENAI
210 FIDALGO ST. PHONE 283-7538
KENAI, ALASKA 99611
I
THIS PURCHASE ORDER
NUMBER MUST APPEAR ON
ALL PACKAGES AND PAPERS
RELATING TO THIS PUR-
CHASE.
No.
Date 5/14/90
-
BY
CIN urc MDL nY
)(LIVERY DATE
PREPAY SHIPPING - CHARGE
F.O B.
PERQUOTATION 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
Appraisal for Lot 1, Block 1, Gusty Subdivision
$
$30-500.0(
per attached letter
(Not -to -Exceed $3,500)
Tf
TOTAL
$3,500.00
020.92.4531-1 $3,500
DEPARTMENT AIRPORT LANDS
BY
DEPARTMENT HEAD
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Suggested by: Administration
City of Kenai
ORDINANCE NO. 1373-90
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING
ESTIMATED REVENUES AND APPROPRIATIONS BY $66,782.00 IN THE FLOAT PLANE
BASIN CAPITAL PROJECT FUND AS A RESULT OF A GRANT INCREASE FROM THE
FEDERAL AVIATION ADMINISTRATION.
WHEREAS, the City applied to the FAA for a grant increase to finance
cost overruns on the Float Plane Basin project, and
WHEREAS, the FAA has awarded the City a grant amendment in the amount
of $66,782.00.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA that estimated revenues and appropriations be increased as
follows:
Float Plane Basin
Increase Estimated Revenues:
FAA Grant $66,782.00
Increase Appropriations:
Inspection $ 5,500.00
Construction 61,282.00
$66,782.00
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 6th day of
June, 1990.
JOHN J. WILLIAMS, MAYOR
ATTEST:
City Clerk
First Reading: May 16, 1990
Second Reading: June 6, 1990
Effective Date: June 6, 1990
Approved by Finance: �Q
(4/30/90)
kl
Suggested by:
City of Kenai
ORDINANCE NO. 1374-90
//- y
Administration
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA ADOPTING THE
ANNUAL BUDGET FOR THE FISCAL YEAR COMMENCING JULY 1, 1990, AND ENDING
JUNE 30, 1991.
WHEREAS, .it is a requirement of the Code of the City of Kenai, Alaska,
that the City Council, not later than the tenth day of June, adopt a
budget for the following fiscal year and make appropriation of the
monies needed.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA as follows:
Rcrt-inn 1-
That certain document entitled "City of Kenai 1990-91 Annual Budget"
which is available for examination by the public in the Office of the
City Clerk and is incorporated herein by reference, is hereby adopted
as the budget for the City of Kenai for the fiscal year commencing
July 1, 1990 and ending June 30, 1991.
Cori inn 7-
The following sums of money are hereby appropriated for the operations
of the City of Kenai for the fiscal year commencing on the first day
of July, 1990, and ending the 30th day of June, 1991, to be expended
consistent with and subject to the restrictions, procedures, and
purposes :yet forth in the Code of the City of Kenai and to be expended
substantially by line item in the manner shown in the budget adopted
by Section 1 hereof:
General Fund
Operating Budget $6,674,454
Restricted Reserves 500,000
$7,174,454
Boating Facility Fund 201,822
Airport Terminal Fund 247,550
Water and Sewer Fund 950,373
Airport Land System Fund 1,429,000
Senior Citizen Funds 403,530
Debt Service Funds 1,035,300
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 6th day of
June, 1990.
JOHN J. WILLIAMS, MAYOR
ATTEST:
City Clerk
First Reading: May 16, 1990
Second Reading: June 6, 1990
Effective Date: June 6, 1990
Approved by Finance: 94
(4/27/90)
kl
Suggested By: Administration
City of Kenai
ORDINANCE NO. 1375-90
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING
ESTIMATED REVENUES AND APPROPRIATIONS BY $722 IN THE SENIOR DAY CARE
FUND.
WHEREAS, the City of Kenai is expecting to receive a grant amendment
from the State of Alaska in the amount of $650 for additional
personnel costs in the Senior Day Care Program, and
WHEREAS, this appropriation will provide money to train a new
employee, and
WHEREAS, the required 10% City match will be provided by
administrative accounting services.
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
Inc;rease Estimated Revenues:
State Aging Grant - OAC $ 650
In -Kind Support - Salaries - OAC 72
$ 722
Increase Appropriations:
Senior Day Care - OAC - Salaries $ 650
Senior Day Care - OAC - Salaries (In -Kind) 72
722
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of
May, 1990.
ATTEST:
City Clerk:
Approved by Finance: C�2Q
(5/9/90)
kl
JOHN J. WILLIAMS, MAYOR
Introduced: May 16, 1990
Passed: May 16, 1990
Effective: May 16, 1990
I�/- 6
Suggested by: Planning & Zoning Commission
City of Kenai
ORDINANCE NO. 1376 - 90
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AMENDING THE OFFICIAL
CITY OF KENAI ZONING MAP FOR LANDS ADJACENT TO AND INCLUDING THAT PROPERTY
ENTITLED SPUR SUBDIVISION NO. 9 BY PRELIMINARY PLAT AND ALSO KNOWN AS THE KENAI
SENIOR CITIZENS CENTER.
WHEREAS, KMC 14.20.270 establishes a procedure to amend the Official Zoning Map
of the City of Kenai, and
WHEREAS, the Official City of Kenai Zoning Map depicts lands described as lands
adjacent to and including Spur Subdivision No. 9 according to preliminary plat
and also known as the Kenai Senior Citizens Center as partially Conservation (C)
and partially General Commercial (CG), and
WHEREAS, the City of Kenai desires to render the entire area one zone which would
allow the existing Center and include the proposed addition to the existing
structure,, and
WHEREAS, the proposed zoning designation is General Commercial (CG), and
WHEREAS, the Kenai Planning & Zoning Commission held a public hearing on May 9,
1990 and as a result of that public hearing recommend approval of the proposed
amendment to the General Commercial (CG) zoning designation.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA as
follows:
Section 1: Subject properties consisting of those lands depicted in
Exhibit A described as adjacent to and including Spur Subdivision No. 9 according
to preliminary plat and also known as the Kenai Senior Citizens Center are hereby
amended to General Commercial (CG).
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 6th day of June, 1990.
JOHN J. WILLIAMS, MAYOR
ATTEST:
Janet Ruot:sala, City Clerk
First Reading: May 16, 1990
Second Reading: June 6, 1990
Effective Date: July 6, 1990
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KENAI SPUR
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McLANE & ASSOCIATES
PROFESSIONAL ENGINEERS, SURVEYORS & PLANNERS
Jack La Shot, City Engineer
City of Kenai
210 Fidalgo
Kenai, AK 99611
RE: SPUR SUBDIVISION NO. 9
Dear Mr. La Shot,
April 24, 1990
MA 902006
We are platting Spur Subdivision No. 9 for the City of Kenai.
This resubdivision of Lot 2 Spur Subdivision No.3, increases the
size of the Kenai Senior Center's lot to allow for the planned
building expansion to the West and to take in the parking
entrance on the North.
We request a letter from the City of Kenai for the DEC submittal
stating that the parcel is currently served by city water and
sewer and •the future expansion can be acommodated by the existing
city systems.
We request action necessary to start the rezoning or the rezoning
waiver process necessary to get this subdivision approved by the
City of Kenai and the Kenai Peninsula Borough.
We assume that the Conservation Zone was put in place thru
old FAA property to protect wetlands. This parcel will be
entirely up on the high ground at least 70 feet back from
high bluff bank of Ryan Creek.
Sincerely„
Stan A. McLane, P. E. , L. S.
DCH:get
the
the
P.O. BOX 46B SOLDOTNA, AK 99669 907-263-4216
1
CITY OF KENAI
ADVISORY PLANNING AND ZONING COMMISSION
RESOLUTION N0. PZ24-/�,-3
A RESOLUTION OF THE ADVIS.ORY PLANNING & ZONING COMMISSION THE CITY OF
KENAI RECOMMENDING PPROV (DEAL) OF THE R QUESTED REZONING ND (
SE PLAN AMENDMEN ITTED BY
(Applicant)
FOR
1 (legal dedcription)
WHEREAS, the Commission finds the following:
1. The subject property is currently zoned
2. The present land use plan designation of the subject property is
3. The proposed 4ZONING DISTRIC
affected property is
AN DESIGNATIONS for the
4. An appropriate public hearing as required has been conducted by the
Commission one
5. That the following additional facts have been found to exist:
NOW, THEREFORE BE IT RESOLVED, by the Advisor Plannin ommission
�METDM�'NT
h ity of Kenai that the e itio ed EZONIN ND USE PLAP
Nis hereby ECOMMENDED (NOTiIEC8MM9U)ED__) to the Kenai City
Council.
PASSED by the Ad isory Planning & Zoning Commission of the City of Kenai,
Alaska, this day of 9 •
'Ch irman
ATTEST:
Planning Secretar
8/84
1,Zerw' f.t e�,.� :. y ; Ate- ! �,y...•'�'` •�;�
L
6
M�11�4Mi'tC;�plw.. .,.x ,�s::�tl0`:"1+'xYa-.c.^^r..,,. .. •�.Y'`..,.i._' ,.an -- ..��,.,, ;rG
1791-15
CITY OF 1 Y-7
62Cl� at, rqw,- a "
_ 210 FIDALGO KENAI, ALASKA 99611
TELEPHONE 283 - 7535
FAX 907.283-3014
S TAF F REPORT
TO: Mayor Williams and Council Members
FROM: ;Janet Sumey, Planning Specialist
DATE: May 10, 1990
RE: Vacation of 10' Utility Easement: Lot 12, Block 5, Redoubt Terrace
S/D - HUD/Integrity Surveys
A T rur_DnT1Mn
Applicant: HUD/Integrity Surveys
HC2, Box 385
Soldotna, Alaska 99669
Legal Description: Lot 12, Blk 5, Redoubt Terr. S/D Addn
#2, Sec 5, T6N, R11W, S.M.
Existing Zoning: Suburban Residential (RS)
Current Land Use: Four Plex
DISCUSSION:
At the last meeting of the Planning Commission held April 25, 1990, the
Commission reviewed a request for an encroachment permit for the side lot
setback. It: was determined that since it was a one story building the permit
was not necessary. During the course of the review it was determined that the
carport and storage section encroached into the rear ten foot utility easement.
It was recommended at that time that this petition be made.
The Planning Commission met in regular session on May 9, 1990 and recommended
approval of the vacation of the 10' utility easement, based on the fact that no
utilities lie within that easement.
The Building Official has walked the property and determined the locations of
the utilities within that easement and found that there are no utilities
existing. The Building Official has provided two subdivision maps which indicate
where those utilities lie and they are attached.
The lot in the rear of the property is served by utilities from the cul-de-sac
and would have no use for the easement.
A copy of the minutes of the meeting of May 9, 1990 are available under Item
D-7.
jas
745 WM 4TH AVENUE
SWIM 400
ANCHORAGE?, ALASKA 99501
May 9, 1990
Ms. Kim Howard
Administrative
City of Kenai
210 Fidalgo
Kenai, Alaska
HOYT M. COLE, P.C.
ATTORNEY AT LAW
THE SIGNATURE BUILDING.
Assistant
99611
CO
c; iK V
r, `= icy
cc�c�Z EIQ� Leg+
VIA FACSIMILE
(907) 283-3014
Re: Decor Inlet Industries - Lease - City of Kenai
Our Reference: 353-10
Dear Ms. Howard:
N—?e
(901) 277.5646 office
(907) 279-8500 fax
This will confirm my request on behalf of Decor -Inlet
Industries, Roy L. Cassel and Lillian E. Cassel that the City
of Kenai consent to the modification and extension of a deed
of trust note held by the First National Bank of Anchorage.
The City of Kenai is the fee owner of real property described
as follows:
Lots One (1) through Four (4) , inelvs ive,
'Block Three ( 3) , COOK INLET INDUSTRIAI,
AIR PARK, according to the official plat
thereof, f iled under Plat Number K--1448,
Records of the Kenai Recording District,
Third Judicial District, State of
Alaska.
The City of Kenai, as Lessor, leased the premises to Inlet
Industries, Inc. in 1967 for a term of 55 years, The lease
was modified in 1981.
This property and other property, which does not involve the
City of Kenai, is security for a loan made to the Cassels by
First Federal Bank, which asset is now held by The First
National Bank.
The First. National Bank of Anchorage has indicated a
willingness to extend and modify such note conditioned upon
the City of Kenai and others who hold an interest in the
property which is security for the loan either subordinating
their interest to the interest of the Bank or consenting to
such modification. Assuming, perhaps erroneously, that the
Kim Howard
Re: Decor Inlet Industries
Page 2
City would not relinquish its paramount position, but hoping
that the City would grant its consent to the not.A
modification and extension, I have prepared a consent which I
think will retain for the City of Kenai its paramount
position and which will provide The First National Bank of
Anchorage the consent necessary to extend and modify the
loan.
The note modification and extension is necessary so that
Decor Inlet Industries and the Cassels may continue the
operation of their business.
I would very much appreciate if the City of Kenai would
either signed the enclosed consent or modify it as seems
appropriate to the City so that the Bank will grant the
modification and extension.
For your information and retention, I am enclosing a Title
Search which sets out the relative positions of those holding
any interest in the Kenai property.
As I told you when I spoke with you on May 9, 1990, the Dank
has indicated they will hold the offer to extend and modify
the note open until May 31, 1990. Your prompt consideration
and approval of this consent will be appreciated.
If I can be of assistance in expediting this matter please
let me know.
Kindest personal regards.
Very truly yours
Hoyt M. Cole
cc: Mr. Cassel
Bin Avc,jtfe
`1ona 400
��ch„❑��,�. 41u.1,� OgSfry
(i 7c
CONSENT TO NOTE MODIFICATION
WHEREAS, Roy L. Cassel has requested that The First
National Bank of Anchorage modify and extend one certain deed
of trust note in the amount of FOUR HUNDRED FIFTY THOUSAND
AND NO/100 DOLLARS ($450,000.00) which note is secured by a
deed of trust dated May 23, 1986, recorded July 17, 1986 in
Book 291 at page 76 in the records of the Kenai Recording
District, Third Judicial District, State of Alaska on real
property described:
Lots One (1) through Four (4), inclusive, Block
Three (3), COOK INLET INDUSTRIAL AIR PARK,
according to the official plat thereof, filed under
Plat Number K-1448, Records of the Kenai Recording
District, Third Judicial District, State of Alaska;
(hereinafter "the premises") , and
WHEREAS, the City of Kenai is the fee owner of the
premises, and
WHEREAS, the City of Kenai entered into a lease
agreement with Inlet Industries, Inc., an Alaska corporation,
whereby the City of Kenai, as Lessor, leased the premises to
Inlet Industries, as Lessee, for a term of fifty five (55)
years commencing March 1, 1967 which lease agreement was
recorded September 12, 1967 at Book 28, page 115, records of
the Kenai Recording District, Third Judicial District, State
of Alaska, and
WHEREAS, Inlet Industries, Inc. is now know as
Decor -Inlet Industries, and
WHEREAS, such lease agreement was amended on May
29, 1981 which amendment was recorded as follows:
Recorded June 16, 1981 in Book 172 at page 303
and affect Lot 1 of the premises
Recorded June 16, 1981 in Book 172 at page 297
and affects Lot 2 of the premises
Recorded : June 16, 1981 in Book 3.72 at page 297
and affects Lot 3 of the premises
Recorded : June 16, 1981 in Book 3.72 at page 301
and of fects Lot 4 of the premises, and
WHEREAS, The First National Bank has requested that
the City of Kenai consent to the note modification and
extensionf and
iONT M. C 0 1 1%. r.c.
ain 1.auic
5--, 4 W
9�rd113r
WHEREAS, the City of Kenai is willing to consent to
such note modification and extension provided that the
position of the City of Kenai with reference to other
entities interested in the premises in not altered.
NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS that
the City of Kenai has and hereby does consent to the
modification and extension of that one certain deed of trust
note in the amount of FOUR HUNDRED FIFTY THOUSAND AND NOI100
DOLLARS ($450,000.00) in which The First National Bank of
Anchorage is the Payee and Beneficiary under the Deed of
Trust which is security for such note which note is secured
by a deed of trust dated May 23, 1986, recorded July 17, 1986
in Book 291 at page 76 in the records of the Kenai Recording
District, Third Judicial District, State of Alaska on real
property described as follows:
Lots One (1) through Four (4), inclusive, Block
Three (3) , COOK INLET INDUSTRIAL AIR PARK,
according to the official plat thereof, filed under
Plat Number K-1448, Records of the Kenai Recording
District, Third Judicial District, State of Alaskat
(hereinafter "the premises") .
The above Consent to modification and extension is
granted subject to the terms and conditioned contained in the
original lease, as amended, and is given by the City of Kenai
without waiving any right or action or releasing the Lessee
from any liability under the aforementioned lease or
subordinating or changing in any manner its relative position
as fee owner of the premises.
CITY OF KENAI
By
Title:
2
0 4th-N,CI}uc
smir Snn
1!1ihQ1.i lti.:Al.�Iki, Y001
I "Y P4y+Fn.
STATE OF ALASKA )
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on
1990 before me, the undersigned, a Notary nblic in and for
the State of Alaska, duly commissioned and sworn as such,
personally appeared to me
known and known to me to be the of
the City of Kenai, a municipal corporation; and acknowledged
to me that the foregoing instrument was executed on behalf of
said municipal corporation and that the same was signed as a
free act and deed of the said municipal corporation for the
uses and purposes therein stated and pursuant to its Charter
or a resolution of its
WITNESS my hand and notarial seal the day and year
first above in this certificate written:
Notary Public in and for Alaska
My Commission Expires:
3
7rly!60 Jm
Form No. 1056 - A -
ALTA Loan Policy - 1970
(amended 10--17-70)
SCHL'DULE A
Total Fee for Title Search, Examination
and Title Insurance $1,582.00
Amount of Insurance $450,000.00 Policy No. D 576517
Order No. 80844
Date of Policy: May 27, 1986 at 10:58 a.m.
1. Name of Insured:
FIRST FEDERAL BANK OF ALASKA, S.B.
2. The estate or interest referred to herein is at Date of Policy vested
in:
ROY L. CASSEL and LILLIAN E. CASSEL, as tenants by the entirety, as to
0Parcel,Not, 1
CITY OF KENAI, A BOMERULE MUNICIPA CORPORATION, as to Parcel No. 2
3. The estate or interest in the land described in Schedule C and which
is encumbered by the insured mortgage is:
A FEE ESTATE
4. The mortgage, herein referred to as the insured mortgage, and the
assignments thereof, if any, are described as follows:
Deed of 'Trust, including terms and provisions thereof, to secure an
indebtedness :
Amount $450,000.00
Trustor ROY L. CASSEL and LILLIAN E. CASSEL
• Trustee SECURITY TITLE & TRUST COMPANY OF ALASKA
Beneficiary : FIRST FEDERAL BANK OF ALAS", S.B.
Dated : May 23, 1986
Recorded : May 27, 1986 Book: 1427 Page: 871
(Affects Parcel No. 1)
Deed of Trust, including terms and provisions thereof, to secure an
indebtedness:
Amount $450,000.00
Trustor DECOR INDUSTRIES, INC.
Trustee SECURITY TITLE & TRUST COMPANY OF ALASKA
Beneficiary FIRST FEDERAL BANK OF ALASKA, S.B., a Federal Savings
Bank
Dated May 23, 1986
Recorded July 17, 1986 Book: 291 Page: 76
(Affects Parcel No. 2)
Form No. 1402-C
ALTA Standard Polio -•--
Western Region
SCHEDULE B
This policy does not insure against loss or damage by reason of the
matters shown in parts one and two following:
PART ONE.
1. Taxes or assessments which are not shown as existing liens by the
records of any taxing authority that levies taxes or assessments on
real property or by the public records.
2. Any facts, rights, interests, or claims which are not shown by the
public: records but which could be ascertained by an inspection of said
land or by making inquiry of persons in possession thereof.
3. Easements, claims of easement or encumbrances which are not shown by
the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area,
encroachmen t , or any other facts which a correct survey would
disclose, and which are not shown by public records.
5. Unpat:ented mining claims; reservations or exceptions iu patents or in
Ac5ts„�%utboriziog a ssuance thereof; water rights, claims or title
to wafer: `' ,j 2
6. Any lien, or right to a lien, for services, labor or material
theretofore or hereafter furnished, imposed by law and not shown by
the public records.
PART TWO:
AFFECTS PARCEL NO. 1:
1. Reservations and exceptions as contained in the U.S. Patent.
i
2. Taxes and/or assessments, if any, due the MUNICIPALITY OF ANCHORAGE.
3. Covenants, conditions and restrictious, including terra and provisious
thereof, as contained in an instrument recorded April 10, 1953 book 88
page 170 and recorded July 24, 1961 Book 226 page 71.
4. Right. of way easement, including terms and provisions thereof, granted
to the CITY OF ANCHORAGE and CMUGACE ELECTRIC ASSOCIATION, INC., to
construct, operate and maintain an electric transmission and/or
telepbone distribution line or system by instrument recorded
November 30, 1966 Book 136 page 129. (Affects the west 5 feet)
-. .
',T-AMERICAN TITLE INSURANCE CO: A. -
Page 2
ORDER NUMBER: 80844
SCHEDULE B, PART TWO (CONTINUED)...
5. Deed of Trust, including terms and provisions thereof, to secure an
indebtedness:
Amount : $350,000.00
Trustor : ROY L. CASSEL and LILLIAN E. CASSEL, husband and wife
Trustee : SECURITY TITLE & TRUST COMPANY OF ALASKA
Beneficiary : FIRST FEDERAL SAVINGS & LOAN ASSOCIATION OF ANCHORAGE
Dated : August 18, 1971
Recorded August 20, 1971 Book: 767 page: 81
Beneficial interest under said Deed of Trust has been assigned:
To NABALASKA rx CO. (TEAMSTERS) as to 19.17347. and unto ALASKA
�/CARPEriJTER� I�TIREM T ND as to 80.8266%
Qtec' rdeQ ! October k, 1473 Book: 96 Page: 525
Beneficial interest under said Deed of Trust has been assigned:
To ; ALASKA NATIONAL BANK OF TEE NORTH AS AGENT FOR ALASKA
PERMANENT FUND CORPORATION
Recorded : February 13, 1985 Book: 1227 Page: 240
Said assignment has been assigned by FIRST FEDERAL BANK OF ALASKA,
S.B., they owned no beneficial interest at the time of said
assignment.
6. Deed of Trust, including terms and provisions thereof, to secure an
indebtedness:
Amount : $108,000.00
Trustor : ROY L. CASSEL and LILLIAN E. CASSEL, husband and wife
Trustee : SAFECO TITLE AGENCY, INC.
Beneficiary : CHARLES R. WEBBER, a parried man
Dated : June 26, 1979
Recorded : July 12, 1979 Book: 418 Page: 520
AFFECTS PARCEL NO. 2:
7. Reservationa, exceptions, restrictions and covenants as contained in
that certain Quit Claim Deed, executed by the UNITED STATES OF AMERICA
the CITY OF KENAI, recorded April 20, 1964, Book 27 page 303.
A Deed of Release thereunder, including terms and provisions thereof,
reccrded June 3, 1966 Book 39 page 141 and recorded November 19, 1973
Book 74 page 310.
�r AMERICAN TITLE INSURANCE CO; ,-'j
Page 3
ORDER NUMBER: 80844
SCHEDULE B, PART TWO (CONTINUED)...
8. Taxes and/or assessments, including penalties and interest, if any,
owing the KENAI PENINSULA BOROUGH*
9. Assessments, if any, due the CITY OF RENAI.
10. Any effect of the notes which appear on the plat of said subdivision.
11. Utility easements as delineated on the plat of said subdivision.
12. Covenants, conditions and restrictions, including terms and provisions
thereof, as contained in instrument recorded July 24. 1973 Book 72
Q age416� Re—rgcobded October 27, 1983, Book 74 page 860.
u
13. Right of Way Easement, including terms and provisions thereof, granted
to HOMER ELECTRIC ASSOCIATION, INC., to construct, operate and
maintain an electric transmission and/or telephone distribution line
or system by instrument recorded May 16, 1974, Book 76 page 960.
(Blanket Easement)
14. Lease upon the terms, covenants and conditions therein provided, and
any failure to comply, dated March 1, 1967 and recorded September 12,
1967. Book 28 Page 115:
Lessor : CITY OF RENAI
Lessee : INLET INDUSTRIES, INC,. an Alaskan carp.
Term : 55 years from March 1, 1967
(Affects this and other property)
Amendments to Lease, thereunder, including terms and provisions
thereof,
Lessee
. INLET INDUSTRIES,
INC.,
now
known as Decor —Inlet
Industries
Dated
: May 29, 1981
Recorded
. June 16, 1981
Book
172
page
297
Affects
. Lot 3
Recorded
. June 16, 1981
Book
172
page
297
Affects
. Lot 2
Recorded
: June 16, 1981
Book
172
page
301
Affects
Lot 4
Recorded
June 16, 1981
Book
172
page
303
Affects
Lot 1
r 'Si AMERICAN 'TITLE INSURA.`NCE C0' ^N.
Page 4
ORDER NUMBER: 80844
SCHEDULE B, PART TWO (CONTINUED)...
The Leasehold Estate created by the Lease set forth in Paragraph 14 is
further subject to:
A. Deed of Trust, including terms and provisions thereof, to secure an
indebtedness:
Amount : $190,000.00
Trsator INLET INDUSTRIES, INC., as Alaskan Corporation and ROY
L. CASSEL and LILLIAN '.E. CASSEL. husband and wife
Trustee . ALASKA TITLE GUARANTY COMPANY
Beneficiary : FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF ANCHORAGE
Dated . December 31, 1971
Recorded : December 31, 1971 Book: 58 Page: 307
'41 8^
Assignme t of Lease 4se [or SecuAty Purposes, including terns and
provisions thereof:
Dated . December 30, 1971
Assignor INLET INDUSTRIES, INC., an Alaska corporation, PLOY I..
CASSEL and LILLIAN E. CASEEL, husband and wife
Assignee FIRST FEDERAL SAVINGS & LOAN ASSOCIATION OF ANCHORAGE
Amount Secured: $(not abown) plus interest thereon
Recorded . December 31, 1971 Book: 58 Page: 310
Beneficial interest under said Deed of Trust has been assigned:
To : ALASKA PLUttBING AND PIPEFITTING INDUSTRY PENSIO? TRUST
FUND
Recorded : February 4, 1972 Book: 65 Page: 133
B. Assignment of Lease for Security Purposes, including terns and
provisions thereof:
Assignor DECOR INDUSTRIES, INC.
Assignee FIRST FEDERAL BANK OF ALASKA, 5.3.
Recorded : July 17, 1986 Book: 291 Page: 81
Lease : As shown in Book 28 at page 115
15. Easement, including the terms and provisions thereof, and
appurtenances thereto granted to HOMER ELECTRIC ASSOCIATION, INC.,
recorded May 13, 1986, Book 286 page 460. (Affects the Westerly 5
feet of Lots 1 and 4; and Northerly 7 1/2 feet of Lot 4)
Form No. 10.56-4
All Policy Forma
SCHEDULE C
The land referred to in this policy is situated in the State of Alaska
Third Judicial District and is described as follows:
PARCEL NO. 1:
Lots One (1) and Two (2), Block One (1), EVERGREEN SUBDIVISION,
according to the official plat thereof, filed under Plat Number P-153,
Records of the Anchorage Recording District, Third Judicial District,
ta`tte c}f AJaska. 0 11
PARCEL NO. 2:
Lots One (1) through Four (4), inclusive, Block Three (3), COOK INLET
TITLE INDUSTRIAL AIR PARK, according to the official plat thereof,
filed under Plat Number K-144 6, Records of the Kenai Recording
District, Third Judicial District, State of Alaska.
l
SCHEDULE B
Part III
In addition to the matters set forth in Part I and Part II of this
Schedule, the title to the estate or interest in the land described or
referred to in Schedule C is subject to the following matters, if any be
shown, but the Company insures that such matters are subordinate to the
lief or charge of the insured mortgage upon said estate or interest:
1. Financing Statement covering personal property:
Debtor :
ROY L. CASSEL and LILLIAN E. CASSEL
Creditor :
FIRST FEDERAL BANK OF ALASKA, S.B.
Filed :
May 27, 1986
File No. :
86-033778
2. OFi * nc` ms"
tatem�kt Qov4ring pirsd, al property:
Debtor :
DECOR INDUSTRIES, INC.
Creditor :
FIRST FEDERAL BANK OF ALASKA, S.B.
Filed :
July 17, 1986
File No. :
86-008028
OPTION TO PURCHASE
Received from the CITY OF KENAI, hereinafter referred to as
PURCHASER, the amount of FIVE THOUSAND AND XX/100th DOLLARS
($5,000.00) for which PURCHASER is hereby given and granted the
exclusive option to purchase the real property situated in the
City of Kenai, State of Alaska, and described as follows:
Cone Tract A-1B and a 2.02 acre tract located
immediately to the south and east, TSN, R11W, Section
11, Seward Meridian. Tract A-1B will have a 30' utility
easement along the northern 645.84 feet which will allow
for sewer drainage from the trailer court.
This option is given on the following terms and conditions:
SECTION ONE
The entire purchase price to be paid for the real property is ONE
HUNDRED EIGHTY THOUSAND AND XX/100TH DOLLARS ($180,000.00). If
the option is exercised as herein provided, the $5,000.00 paid by
PURCHASER, as hereby acknowledged, shall be applied on the
purchase price.
SECTION TWO
The SELLER agrees to provide at no additional cost, fifty percent
(50%) of the gravel necessary to upgrade the road on said property
to City specifications, on exercise of the option as herein
provided.
SECTION THREE
The option shall expire at five o'clock p.m., July 1, 1992, unless
sooner exercised.
SECTION FOUR
This option may be exercised by written notice of such exercise
mailed to SELLER at P.O. Box 263, City of Kenai, State of Alaska,
on or before five o'clock, p.m., on July 1, 1992, or such
extension of such period as SELLER may grant in writing within the
original period of the option.
PAGE 1 OF' FIVE PAGES PURCHASER:
SELLER:
If prior to five o'clock p.m. July 2, 1992, the City of Kenai
acquires the necessary permits to construct boat ramps and
necessary accessory facilities on the herein described property
into the Kenai River, the City shall exercise this option within
thirty (30) days of its acquisition of all the necessary permits.
SECTION FIVE
On exercise of the option as herein provided, the undersigned
shall execute and deliver to PURCHASER, his heirs and assigns, a
good and sufficient statutory warranty deed. Such deed shall be
delivered at the time of payment or tender.
SECTION SIX
In further consideration for the sum paid for this option, the
owner, herein designated as SELLER, shall not sell, convey, or
encumber the property herein described during the period of the
option.
SECTION SEVEN
Upon failure of PURCHASER to exercise his option to purchase the
property at the end of the option term, the aforesaid FIVE
THOUSAND AND XX/100TH DOLLARS ($5,000.00) paid to SELLER shall be
the sole property of SELLER, and there shall be no further
liability of the parties under this Agreement, one to the other.
SECTION EIGHT
PURCHASER shall have the right, on reasonable notice to SELLER, to
enter on the real property herein described for the limited
purposes of making of surveys, conducting of soil tests, and any
other inspections or procedures reasonably necessary. Such work
shall be done in a manner that causes the least possible
disturbance to the possession of SELLER.
If the option is not exercised, PURCHASER shall compensate SELLER
for any damage or injury either to the land or to the improvements
that arise out of or are caused by such work. If the option is
exercised, SELLER waives and releases any and all claims for such
damages.
PAGE 2 OF FIVE PAGES PURCHASER:
SELLER:
SECTION NINE
This Agreement shall be binding upon and inure to the benefit of
the heirs, executors, administrators, and assigns of the parties
hereto.
SECTION TEN
Within thirty (30) days of the date of this option, the PURCHASER
shall have a preliminary title report prepared for the PURCHASER's
examination. The PURCHASER shall bear the cost of the title
report.
Should the title prove defective in the opinion of the PURCHASER's
attorney, then such defect shall be pointed out in writing by
letter delivered to the SELLER within twenty (20) days after the
delivery of such preliminary title report, and the SELLER shall
have twenty (20) days thereafter in which to cure such defects.
If SELLER is unable to remove or cause to be removed the title
defects appearing in the preliminary title report reported to him
by PURCHASER, SELLER shall refund any payments theretofore made
hereunder by PURCHASER. In lieu thereof, PURCHASER may, but shall
not be obliged to, accept title with such defects and apply as
credit on the purchase price the reasonable cost of clearing such
defects,, including reasonable attorneys' fees.
SECTION ELEVEN
Taxes and other general and special assessments of whatsoever
nature, whether a lien or not, assessed or to be assessed for the
year in which a transaction is finally consummated, shall be the
sole responsibility of the SELLER.
SECTION TWELVE
All notices and other communications required under this Agreement
shall be in writing and delivered either personally or by
depositing the same, postage prepaid, in the United States mail
addressed to the party to whom the same is directed at the
following addresses:
PTJR,CHASER: Wm. J. Brighton, City Manager
City of Kenai
210 Fidalgo Avenue
Kenai, AK 99611
PAGE 3 OF FIVE PAGES PURCHASER:
SELLER:
SELLER: Chester H. and/or Mavis D. Cone
P.O. Box 263
Kenai, AK 99611
Either party hereto may from time to time change its mailing
address by written notice to the other.
DATED: This
STATE OF' ALASKA
THIRD JUDICIAL DISTRICT
day of May, 1990.
PURCHASER:
CITY OF KENAI
By: Wm. J. Brighton
City Manager
SELLERS:
Chester H. Cone
Mavis D. Cone
ss.
THIS IS TO CERTIFY that on this day of ,
1990, WILLIAM J. BRIGHTON, City Manager of the City of Kenai,
Alaska, being personally known to me or having produced
satisfactory evidence of identification, appeared before me and
acknowledged the voluntary and authorized execution of the
foregoing instrument on behalf of said City.
Notary Public in and for Alaska.
My Commission Expires:
STATE OF ALASKA )
ss.
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on this day of ,
1990, CHESTER H. CONE, being personally known to me or having
PAGE 4 OF FIVE PAGES PURCHASER:
SELLER:
produced satisfactory evidence of identification, appeared before
me and acknowledged the voluntary and authorized execution of the
foregoing instrument.
Notary Public in and for Alaska.
My Commission Expires:
STATE OF ALASKA )
ss.
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on this day of ,
1990, MAVIS D. CONE, being personally known to me or having
produced satisfactory evidence of identification, appeared before
me and acknowledged the voluntary and authorized execution of the
foregoing instrument.
Notary Public in and for Alaska.
My Commission Expires:
PAGE 5 OF FIVE PAGES PURCHASER:
SELLER:
JEAN M. USHIJIMA
CITY CLERK
FRANCES M. MALNECK
DEPUTY CITY CLERK
CITY OF BEVERLY HILLS
CALIFORNIA, 90210
May 2, 1990
342 N. Foothill Road
(213) 285-2400
Janet Ruotsala, CMC/AAE o93C 1
City Clerk
City of Kenai
210 Fidalgo Avenue
Kenai, Alaska 99611
Dear Ms. :Ruotsala:
As Vice Chair of the IIMC Education and Persona rowth Commit-
tee, I congratulate you on your acceptance into the Continued
Membership of the IIMC Academy for Advanced Education.
I urge you to continue with your education since four years goes
by so quickly, and sustaining membership only requires nine
points in advanced education.
Your accomplishment is a testimony to the purpose and goal of the
Academy Program --to encourage the continuing education of
Municipal Clerks.
JMU:ped
MEMORANDUM
TO: William J. Brighton, City Manager
FROM: Keith Kornelis, P.W. Director
DATE: May 16, 1990
SUBJECT: CIP Projects
FOR: Council meeting of May 16, 1990
Please find attached the following lists:
1. 1990-1991 State Legislature Grants (Future Projects)
2. 1989 Projects
3. 1990 Project Budget Cost Estimates
4. 1990 Projects
1990 - 1991 State Legislature Grants (future projects)
Non -City Grants - Kenai Area
Lower Kenai River Sanitary Facilities/Access
Kenai - Soldotna Women's Resource & Crisis Center -
Equipment Purchase
Kenai Spur Road Widening
Kenai Spur Highway - Unity Trail Construction
Peninsula Oilers - Safety/Lighting System
purchase & installation
Kenai Little League, Incorporated - Safety Improvements
Fire Training Facility (UAA)
Grants to City Of Kenai
Kenai -Congregate Housing Facility Construction
Kenai -Congregate Housing Facility (Railbelt)
Kenai 1990 Wastewater Treatment Plant Modification
1989 PROJECTS
12,000
3,000
12,982,600
100,000
10,000
25,000
1,000,000
SUBTOTAL 14,132,600
500,000
3,300,000
380,000
SUBTOTAL 4,180,000
TOTAL 18,312,600
Appropriations Balance
Cohoe/Coral
325,000
59,798
Swires
285,000
42,059
East Aliak
201,524
29,201
Candlelight
590,278
164,637
VIP
613,598
45,978
Susieanna Lane
57,000
2,898
Fathom/Toyon
109,400
25,576
Lawton
113,464
46,822
A.P. Taxiway A & B
313,384
Boardwalk (Wildlife)
Kenai River Mouth Park
Kenai River Rec. Boat
Launch
Old Town Construction
Willow Street Extension
STP Modifications
Senior Addition
Congregate Housing
Airport Phase I, Taxiway
A & B
Airport Runway/Taxiway
Phase II Overlay
Airport Terminal Reno,.
Airport Taxiway A-1 &
A-2
Airport Drainage Study
CITY OF KENAI 1990 PROJECT BUDGET ESTIMATES
Admin.
Engr.
Design
I Engr.
Inspect
Const.
I Cont.
Total
Land -
ISurvey -
147,680I
180,000
30,000I
1,320
1,000
121,948
Land -
263,643
443,643
180,000
250
26,000
218,750
245,000
2,000
5,000
98,000
105,000
64,800
750,000
1,850
22,350
260,100
296,000
Study -
I161,500I
I
I3,800,000
2,000�
39,0001
272,384
313,384
1 5,0001
I
8,0501
133,840
1,003,297
1,150,187
1
1 1,360I
1
41,8001
1
52,012
942,6071
1
11,037,779
2,2501
10,OOOI
10,000
I 114,760
I
56,792I
56,792
CITY OF KENAI 1990 PROJECTS
Boardwalk - :Kenai Flat Wildlife Viewing Area ($180,000)
National Park Service, through Alaska Dept. of Natural Resources, ($90,000)
and City Matching Grant. Land & Water Conservation Fund. Chamber donating
$ and labor. City donating equipment, labor, $, and land (not match). State
takes $16,000 for admin. so grant is really for 74,000. Located on Bridge
Access Road turnout. Parking, retaining wall, boardwalk, signs. Have signed
grant. Construction will start shortly.
Kenai River Mouth Viewing Area ($121,948)
Funding source same as Boardwalk. Request was for $88,000 (fed) + $88,000
(city) = $176,000. Located East of FAA Towers near Senior center. Road;
trails, parking, restrooms, picnic sites, basketball, volleyball, sidewalks
like Lief Hanson Memorial, signs, lighting, playground and covered areas.
Designed as daypark for local citizens.
Kenai River Recreation Boat Launch ($443,643)
Located up raver from Cunningham Park on Beaver Loop. City is purchasing
land for project and in final stages of agreement. Have applied for Dingell
- Johnson funds which is Federal Aid in sport fishing funds administered
through ADF & G, Alaska Division of Sport Fish. Grant request is for
$200,000 and been told #1 priority for our district with Soldotna's $200,000
request. Have applied for Corps permit.
Old Town ($254,000)
Paving, curb and gutters, and sidewalks on Upland and Highland in Old Town.
Assessment District with property owners paying 12%. Have completed
engineering drawings and assessment hearings are over. Utilities have
scheduled relocates. Been waiting on easements - still need a few. Should
bid this summer.
Willow St. Extension ($105,000)
Extending Willow Street to the Marathon Road. Using Airport Funds. Have
applied for Corps permit. City has designed project and should be ready to
bid late this summer.
STP Modifications ($750,000)
Every five years the City has to renew its NPDES permit which is a permit to
discharge our treated waste. ADEC reviews and approves, and maintains
permit. February of 1990 our new permit was issued which is much more
stringent. Takes into account the 1986 amendments of Clean Water Act. The
new permit requires disinfection of wastewater. CH2M Hill has been hired to
look at cholorination/re-chlorination, ultra -violet, ozone, and other
methods. Whatever decided there will be large CIP and operational costs.
This is biggest reason for our first water & sewer rate increase since 1982.
(10% water + 30% sewer. From $25.70 to $32.00 = $6.30 increase)
Senior Addition ($296,000)
This is to enlarge the dining room at the Senior Center. Have set of
preliminary drawings. Addition is 48' x 32' plus 48' x 10' solarium. Bid
opening is Jane 14. Plans and specs are available at City Hall.
Congregate Housing
40 unit Senior Housing Project. There was a feasibility study performed by
Carmen Gintoli. Funded by State leg. grant $161,500. This year the State
legislature has appropriated $3.8 million towards construction of this
project. Preliminary sketches have been done.
Airport Phase II ($1,150,187)
Runway & Taxiway C pavement overlay - QAP award project last fall started
construction May 7. Fabric & tack coat down on South runway - paving as soon
as dry. Should be complete by June 8.
Airport - Terminal Renovations ($1,037,779)
G & S Construction 99% complete. Waiting on replacement glass for lounge
exit.
Airport Taxiway A-1 & A-2 ($114,760)
This is pavement overlay (some excavation) around FBO area of airport. WCE; is
presently doing design
Airport Drainage Study ($56,792) WCB is in final stages of study which will
solve our drainage problems around airport area. Have high water table.
New Ball fields
City crews are building ballfields at Lawton & Tinker next to KJHS. Cleared
and somewhat leveled are last year. Finish grading and drainage this year
along with planting, backstops and fencing. KPB is to do fencing, I think?
1st, 2nd, 3rd1 and O'Brien - off Forest Drive
City crews will be rebuilding these roads this summer if time permits.
Drainage is a. problem along with subbase and surface material.
City crews will be doing extra work this year:
1. Boardwalk.
2. Kenai River Mouth Viewing Area
3. New Ballfields
4. Roads off Forest
5. Water line to Airport ramp, (fish haul planes)
6. STP vactcr dump site
7. RV dump site
KENAI PENINSULA BOROUGH
REGULAR ASSEMBLY MEETING
April 17, 1990; 7:30 p.m.
Borough Administration Building
Soldotna, Alaska
- A G E N D A -
A. CALL TO ORDER
B. PLEDGE OF ALLEGIANCE
C. INVOCATION: Rev. Chris Krebs, Christ Lutheran
Church, Soldotna
TOF-0 - I
D. ROLL CALL
E. VACANCY, DESIGNATION OR SEATING OF ASSEMBLYMEMBERS
(a) Appointment of Borough Clerk
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 (Nikiski)
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/Notice of Recon-
sideration by Hodgins
(b) Res. 90-19 "Requesting the Borough Mayor to
Provide a Solid Waste Disposal Facility at
the Current Kenai Landfill Site (Glick,
Brown, Superman and Nash) Defeated with
Notice of Reconsideration by Atkinson
AGENDA APPROVAL AND CONSENT AGENDA
Page No.
1
1
1 Approved
1
1
2
2
2
4 Not Reconsidered
2 Amended, Tabled
Indefinitely
(a) 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) 4
(b) Res. 90-42 "Awarding a Contract for the Sel-
dovia Oil Spill Team Spring Beach Cleanup"
(Mayor) 4
1
Page No.
(c) Resolution "Commending Borough, Service Area,
and School District Employees for Their Ef-
forts in Preventing On -the -Job Injuries and
Reducing Costs Attendant With Those Injuries" 5
(Mayor, Req. Risk Mgmt. Cmte.)
(d) Ord. 90-30 "Appropriating Funds for the Con-
struction of the CT -Scan Addition to the
Central Peninsula General Hospital" (Mayor)
INTRODUCTION ONLY, SET HEARING 5/15
(e) 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)INTRODUCTION ONLY,
SET HEARING 5/15
(f) Ord. 90-32 "Providing for Non-Areawide Promo-
tion of the Kenai Peninsula Borough as a Des-
tination for Tourism" (McLane) INTRODUCTION
ONLY, SET HEARING 5/15/90
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" 5 Tabled Indef.
(Mayor) POSTPONED 4-3-90
(b) Ord. 90-22 "Amending Chapter 2.06 Concerning
Selection and Retention of the Borough Clerk
and Clarifying Duties" (Policies & Procedures
Committee) 6 Sbst. Enacted
INTRODUCTION OF ORDINANCES
M. CONSIDERATION OF RESOLUTIONS
(a) Res. 90-40 "Authorizing the Mayor to Award a
Contract for the Susan B. English Gym Floor
Replacement Project" (Mayor) 5 Adopted
(b) Res. 90-44 "Requesting that the USDA, Forest
Service, Seward Ranger District, Chugach Na-
tional Forest, Not Use Carbaryl Insecticide,
Sevin Brand, Within Any Forest Campgrounds
Near the Community of Cooper Landing"
(Skogstad/Mayor, Req. C.L. Advsy. P.C.) 7 Adopted
(c) 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" 7 Adopted
(Solid Waste Cmte.)
(d) Res. 90-33 "Determining the Amount that Will
Be Provided from Local Sources for School
Purposes for Fiscal Year 1990-91" (Mayor) 8 Adopted
(e) 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)
11 Postponed to
May I
(f) 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.)
8 Adopted
Page No.
(g) Res. 90-43 "Authorizing an Expenditure of
$2,000 from the Assembly Dues and Subscrip-
tions Account for Membership in OEKOS" 11 Postponed to
(Brown) May 15
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 for 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 - Doug Coughenower, Homer 5
(b) Larry Smith, Use of Pesticides in Cooper
Landing - Addressed Res. 90-44 7
P. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS
Q. MAYOR'S REPORT
R. OTHER BUSINESS
S. ASSEMBLY AND MAYOR'S COMMENTS
T. INFORMATIONAL MATERIALS AND REPORTS
U. NOTICE OF NEXT MEETING AND ADJOURNMENT (5/l/90) 12
3
KENAI PENINSULA BOROUGH
REGULAR ASSEMBLY MEETING MINUTES
April 17, 1990; 7:30 p.m.
Borough Administration Building
Soldotna, Alaska
11. CALL TO ORDER
The regular meeting of the assembly was called to order by Presi-
dent James W. Skogstad at 7:30 p.m.
B. PLEDGE OF ALLEGIANCE
C. INVOCATION
The invocation was given by Rev. Chris Krebs of the Christ
Lutheran Church, Soldotna.
C. ROLL CALL
PRESENT: Assembly members Atkinson, Brown, Crawford, Glick,
Hodgins, Keene, McLane, Moock, Mullen, Nash, O'Connell,
Poindexter, Sewall, Skogstad, Superman, Walli; Mayor Gilman,
Admn. Asst. Huss, Atty. Boedeker, Clerk Brindley
ABSENT: None
E. VACANCY, DESIGNATION OR SEATING OF ASSEMBLYMEMBERS
Pres. Skogstad reported the committee for selection of a new
clerk met this date, interviewed three finalists and had sub-
mitted a written recommendation to the assembly.
ASSEMBLYMEMBER GLICK MOVED THE ASSEMBLY APPOINT JANET A. SUMEY TO
BE THE NEXT BOROUGH CLERK. THE MOTION WAS APPROVED BY UNANIMOUS
CONSENT.
Pres. Skogstad stated the new clerk would begin on May 21st with
t:he present clerk's last day being June 1, 1990. He stated a new
deputy clerk will be selected by the new clerk with confirmation
by the assembly.
F. APPROVAL OF MINUTES
The minutes of the regular meeting of April 3, 1990 were unani-
mously approved as written on a motion by Assemblymember Glick.
G. COMMITTEE REPORTS
(a) Finance (Chm. Sewall, Vice Chm. Nash,
Glick, O'Connell, Keene)
Mi-. Sewall reported the Finance Cmte. discussed only agenda items
at: their meeting this date.
(b) Legislative (Chm. Crawford, O'Connell, Glick, Mullen)
Mr. Crawford reported the committee met and a written legislative
.report is on the desk from Ms. Huss. He noted of special impor-
tance is the reimbursement of school bond debt which has been
reduced from 100 percent to 91 percent of the entitlement. He
reported there is a substitute for the committee's Res. 90-39
adding a new section 2 which states support for a minimum double
hull construction for all new tankers and all existing tankers
within 7 years. It was noted according to the language of the
Senate version there was no time limit set within which to ac-
complish the retrofitting of existing tankers using the Inlet.
fie asked it be placed on the consent agenda.
(c) Local Affairs/Lands (Chm. Brown, Vice Chm. Crawford,
Moock, Mullen, Poindexter, Superman)
1
Mr. Brown reported Local Affairs met and discussed agenda items.
(d) Public Works/Ed (Chm. McLane, Vice Chm. Moock
Atkinson, Hodgins, Superman, Walli)
Mr, McLane reported Public works/Education met and discussed
agenda items.
H. REPORTS OF COMMISSIONS AND COUNCILS
(a) Nikiski Community Council
Mr. Alan Bute reported the council met on a special use permit
for septic disposal last week with 39 people in attendance in-
cluding Planning staff, Commission and Assembly members. He con-
veyed local concern for the facility in the population center and
thanked the assembly for setting up the community council
program.
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 Receiv-
ing Stations for Oil and Household Chemicals" (Glick,
Brown, Superman, Nash) Defeated as Amended 4/3/90 w/NOR
ASSEMBLYMEMBER HODGINS MOVED TO REVERSE THE ORDER OF THE TWO
ITEMS FOR RECONSIDERATION AND THE MOTION WAS APPROVED BY A VOTE
OF 1.2 YES TO 4 NO:
YES: Sewall, Poindexter, Hodgins, Moock, Atkinson, Glick,
Skogstad, Mullen, Brown, Nash, Superman, Walli
NO: McLane, O'Connell, Crawford, Keene
**(b)Res. 90-19 "Requesting the Borough Mayor to Provide a
Solid Waste Disposal Facility at the Current Kenai
Landfill Site (Glick, Brown, Superman and Nash)
Defeated w/NOR
ASSEMBLYMEMBER ATKINSON MOVED TO RECONSIDER RES. 90-19.
Mr. Brown reported Local Affairs Cmte. supported reconsideration.
RECONSIDERATION WAS APPROVED BY A VOTE OF 9 YES TO 7 NO:
YES: Sewall, Hodgins, Moock, Atkinson, Glick, Skogstad, Brown,
Nash, Superman, Walli
NO: Sewall, Poindexter, McLane, O'Connell, Crawford, Mullen,
Keene
ASSEMBLYMEMBER ATKINSON MOVED TO AMEND RES. 90-19 AS FOLLOWS:
CHANGE THE TITLE TO READ, "DIRECTING THE BOROUGH ADMINISTRATION
TO PROVIDE A FREE PUBLIC USE SOLID WASTE TRANSFER FACILITY AT THE
CURRENT KENAI LANDFILL SITE WHILE PURSUING A POLICY OF PRIVATIZ-
ING ALL BOROUGH SOLID WASTE TRANSFER FACILITIES", ADD "WHEREAS,
it is inequitable that residents of Kenai should bear additional
waste transfer costs beyond those incurred by borough residents
generally; and WHEREAS, it is the concensus of the solid waste
committee that all waste transfer facilities be privatized, thus
making all users bear costs equitably while providing more trans-
fer facilities;" CHANGE SECTION 1 TO READ, "That the Kenai Penin-
sula Borough administration is directed to provide a free,
public use solid waste transfer facility at the current Kenai
landfill site when the landfill is closed, until such time as all
transfer sites are privatized", ADD A NEW SECTION 3 TO READ,
2
KENAI PENINSULA BOROUGH REGULAR MEETING MINUTES, APRIL 17, 1990
"That the Kenai Peninsula Borough administration vigorously
pursue a policy of privatizing all borough solid waste transfer
facilities", RENUMBERING CURRENT SECTION 3 TO SECTION 4.
Mrs. Walli stated her objection to the extensive change without
prior committee review.
Mr. Nash believed the "administration" could not be directed to
act., that it should be directed to the "mayor" and Mr. Boedeker
agreed this was correct.
ASSEMBLYMEMBER MULLEN MOVED TO POSTPONE RES. 90-19 UNTIL MAY 15.
He recommended ideas be worked out in committee and brought back.
Mrs. Moock spoke against another postponement, stating the com-
mittee has an amendment to propose that does not substantially
change the resolution.
THE MOTION TO POSTPONE FAILED BY A VOTE OF 6 YES TO 10 NO:
YES: Sewall, McLane, Glick, Skogstad, Mullen, Keene
NO: Poindexter, Hodgins, Moock, Atkinson, O'Connell, Crawford,
Brown, Nash, Superman, Walli
ASSEMBLYMEMBER ATKINSON MOVED TO AMEND HIS AMENDMENT TO CHANGE
"ADMINISTRATION" TO "MAYOR" IN THE TITLE AND SECTION 1, AND IT
WAS APPROVED BY UNANIMOUS CONSENT.
ASSEMBLYMEMBER MCLANE MOVED TO AMEND THE AMENDMENT BY ADDING TO
THE TITLE AFTER "KENAI LANDFILL SITE", "AND OTHER SITES WHERE
TRANSFER BOXES WERE PREVIOUSLY --LOCATED " , AND IN THE "WHEREAS
CLAUSE" CHANGE "Kenai" TO "the borough" AND STRIKE "beyond those
.incurred by borough residents generally" AND IN SECTION 1 ADD
AFTER "landfill is closed", "and other sites where transfer boxes
wire previously located".
Mrs. Moock objected to the massive change without a fiscal note
as to cost.
Mr. Superman reported the language proposed in committee would
:More effectively deal with the problem the amendment addresses
which would change to the limit the effectiveness, "until such
time as boroughwide user fees for solid waste facilities are
instituted."
THE MC LANE AMENDMENT FAILED ON A
YES: McLane, Crawford, Mullen
;NO: Sewall, Poindexter, Hodgins
Glick, Skogstad, Brown, Keene
VOTE OF 3 YES TO 13 NO:
Moock, Atkinson, O'Connell,
Nash, Superman, Walli
Mr. O'Connell raised the question of using the word "directing"
and Atty. Boedeker also noted the impropriety of directing
through a resolution something that might be contrary to the ex-
isting solid waste ordinance.
ASSEMBLYMEMBER ATKINSON MOVED TO AMEND BY CHANGING "DIRECTING" TO
"R:EQUESTING" THROUGHOUT THE AMENDMENT AND IT WAS APPROVED BY
UNANIMOUS CONSENT.
THE ATKINSON AMENDMENT FAILED BY A VOTE OF 5 YES TO 11 NO:
YES: Hodgins, Atkinson, Glick, Brown, Keene
NO: Sewall, Poindexter, Moock, McLane, O'Connell, Crawford,
Skogstad, Mullen, Nash, Superman, Walli
ASSEMBLYMEMBER HODGINS MOVED TO AMEND RES. 90-19 BY STRIKING
"MAYOR" FROM THE TITLE AND CHANGING "DISPOSAL" TO "TRANSFER",
STRIKING FROM SECTION 1 "mayor of the" AND CHANGING "disposal" TO
"transfer". MOTION WAS APPROVED BY A VOTE OF 9 YES TO 7 NO:
3
KENAI PENINSULA BOROUGH REGULAR MEETING MINUTES APRIL 17, 1990
YES: Sewall, Hodgins, Moock, Atkinson, Glick, Skogstad, Brown,
Keene, Walli
NO: Poindexter, McLane, O'Connell, Crawford, Mullen, Nash,
Superman
ASSEMBLYMEMBER HODGINS MOVED TO AMEND SECTION 3 TO READ, "That
this is in effect until a boroughwide user fee for solid waste
disposal can be established." RENUMBERING SECTION 3 TO SECTION 4.
MOTION FAILED BY A VOTE OF 6 YES TO 10 NO:
YES: Hodgins, Moock, Atkinson, Glick, Brown, Walli
NO: Sewall, Poindexter, McLane, O'Connell, Crawford, Skogstad,
Mullen, Keene, Nash, Superman
Mr. Superman stated the resolution as amended had been effec-
tively killed and the assembly was wasting its time.
ASSEMBLYMEMBER SUPERMAN MOVED TO TABLE RES. 90-19 INDEFINITELY.
MOTION WAS APPROVED BY A VOTE OF 10 YES TO 6 NO:
YES: Sewall, McLane, O'Connell, Crawford, Glick, Skogstad, Mul-
len, Brown, Nash, Superman
NO: Poindexter, Hodgins, Moock, Atkinson, Keene, Walli
ASSEMBLYMEMBER HODGINS REMOVED HIS NOTICE OF RECONSIDERATION OF
ORD. 90-23.
11. AGENDA APPROVAL AND CONSENT AGENDA
Mr. Atkinson requested Res. 90-40 be removed from the Consent
Agenda. Mr. Sewall reported the Finance Cmte. recommendation of
placing the Commending Resolution on the Consent Agenda, as well
as Res. 90-40, Res. 90-42, and Introduction of Ord. 90-30. Mr.
McLane reported Public Works Cmte. recommended placing the three
ordinances for introduction on the Consent Agenda with a hearing
date of May 15 as well_as Res. 90-38 and Res. 90-41 for adoption.
Mr. Brown reported Local Affairs Cmte. recommended placing Ord.
90-31, 90-32 and Res. 90-38 on the Consent Agenda. Mr. Crawford
requested the committee substitute for Res. 90-39 be placed on
the Consent Agenda. Mrs. Glick requested the addition of Res.
90-44 to the agenda. Mayor Gilman stated the sponsorship of Res.
90-44 should be corrected to "Skogstad/Mayor, Request of Cooper
Landing Advisory Planning Commission" as he has not had oppor-
tunity to research the pesticides named.
Pres. Skogstad stated Res. 90-40, 90-44 and 90-41 would be placed
first under "Consideration of Resolutions". Comments were heard
and recorded below. The Consent Agenda was approved as follows
by unanimous consent:
(a) 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 Degrada-
tion of the Earth and to Attend the Earth Day Ac-
tivities Planned in Their Communities" (Skogstad)
(b) Res. 90-42 "Awarding a Contract for the Seldovia Oil
Spill Team Spring Beach Cleanup" (Mayor)
Alan Bute, Nikiski, requested the amount of the contract and Mr.
Butler, Mayor's Oil Spill Liason, reported there was a three
phase program for a total amount of $162,066.56. In answer to
further questions, Mr. Butler reported this Cleanup is in an area
determined by the Homer Inner Shoreline Cleanup Committee where
some pooling of oil remains and oil covered logs, etc. are on the
beaches. He stated the purpose of the project is to pick up oil
that's congealed while still cold and to bring in debris as-
sociated with last year's cleanup. The project is geared toward
hiring local people in impacted communities through a non-profit
organization.
(c) Resolution "Commending Borough, Service Area, and
School District Employees for Their Efforts in Prevent-
ing On -the -Job Injuries and Reducing Costs Attendant
With Those Injuries" (Mayor, Req. Risk Mqmt. Cmte.)
(d) Ord. 90-30 "Appropriating Funds for the Construction of
the CT -Scan Addition to the Central Peninsula General
Hospital" (Mayor) SET FOR MAY 15 HEARING
(e) Ord. 90-31 "Delegating Authority from the Kenai Penin-
sula Borough to the City of Kenai to Make Land Use Plan
Amendments to the Kenai Comprehensive Plan" (Mayor)
SET FOR MAY 15 HEARING
(f) Ord. 90-32 "Providing for Non-Areawide Promotion of the
Kenai Peninsula Borough as a Destination for Tourism"
(McLane) SET FOR MAY 15 HEARING
Dauer Coughenower, Homer, President Elect of the Kenai Peninsula
Chapter of the Alaska Visitor's Assoc., spoke in support of Ord.
90-32. He stated the association was organized a year ago to
provide a voice for the visitor industry on the Peninsula. He
spoke of the economic benefits to the Peninsula of encouraging
visitors to extend their stay. He urged support to increase the
effectiveness of the organization which has already, on a volun-
teer basis, produced a map of the Peninsula, set up tours for
members of the American Society of Travel Writers, and are help-
ing establish a boroughwide calendar of events.
Ken Hinckle, Homer, stated as a 15 year resident of the state he
was involved 100% in the tourist industry. He had noted a
gradual change from Anchorage visitors to visitors from outside
the state. He was asked if the organization would support a tax
increase to fund the. nearly $300,000 being requested and he
stated he could not speak for the organization, but would per-
sonally support the concept.
Mr. Nash requested a 3 minute "at ease" and Pres. Skogstad called
a 5 minute recess.
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
ASSEMBLYMEMBER CRAWFORD MOVED THE ENACTMENT OF ORD. 90-11.
.Public hearing was opened.
John Williams, Mayor of Kenai, commented one item which has not
been addressed in regard to this subject was the zoning change
needed for any such facility. The proposed rezoning has not
cleared the Kenai Planning Commission or city council. If the
rezoning is not approved, the ordinance if enacted would be moot.
Mr. O'Connell noted the landfill is full, the permit is expiring,
and if the rezoning was not accomplished, did the city have
another plan or site in mind. Mayor Williams stated it does not
as garbage is the borough's responsibility. He believed the
citizens of the City of Kenai were not being treated equal with
regard to the present plan. He suggested if a pay site is in-
voked in the city it should be boroughwide. Mr. Brown asked if
the Mayor felt there was a legal responsibility on the borough
and Mr. Williams stated since the borough has been mandated
authority to take care of waste disposal, there probably would be
some legal recourse by the City of Kenai. Mrs. Moock stated her
understanding the city wished to have a free transfer site at
that location and questioned the council's inactivity regarding
KENAI PENINSULA BOROUGH REGULAR MEETING MINUTEST APRIL 17 1990
the rezoning. Mayor Williams believed "free" to be the key word
and with defeat of the previous proposals for free facilities, he
felt everyone should be charged.
Public hearing was closed.
ASSEMBLYMEMBER NASH MOVED TO TABLE ORD. 90-11 INDEFINITELY AND IT
WAS APPROVED BY A VOTE OF 13 YES TO 3 NO:
YES: Sewall, Poindexter, Hodgins, Moock, McLane, Atkinson, Glick,
Skogstad, Mullen, Brown, Nash, Superman, Walli
NO: O'Connell, Crawford, Keene
(b) Ord. 90-22 "Amending Chapter 2.06 Concerning Selection
and Retention of the Borough Clerk and Clarifying
Duties" (Policies & Procedures Committee)
ASSEMBLYMEMBER NASH MOVED THE ENACTMENT OF ORD. 90-22.
Mr. Nash referred to the memorandum attached to the Committee
Substitute which was the original proposal of the Policies and
Procedures Cmte. modified by changes suggested by the Personnel
Director.
Public hearing was opened and as no one wished to be heard, was
closed.
ASSEMBLYMEMBER NASH MOVED TO AMEND TO THE COMMITTEE SUBSTITUTE.
Mr. Sewall noted under "Responsibilities" Assembly meetings and
those of its committees are listed as attended by the clerk,
which would be an impossibility. He believed the intent was for
the clerk to give notice, but not attend every meeting listed.
ASSEMBLYMEMBER SEWALL.MOVED TO AMEND §15 TO READ, "Make travel
arrangements for assembly members' authorized travel; AND IT WAS
APPROVED BY UNANIMOUS CONSENT.
THE AMENDMENT TO COMMITTEE SUBSTITUTE AND THE ENACTMENT OF IT
WERE APPROVED BY UNANIMOUS CONSENT.
L. INTRODUCTION OF ORDINANCES
M. CONSIDERATION OF RESOLUTIONS
(a) Res. 90-40 "Authorizing the Mayor to Award a Contract
for the Susan B. English Gym Floor Replacement Project"
(Mayor)
ASSEMBLYMEMBER KEENE MOVED THE ADOPTION OF RES. 90-40.
Mr. Sewall reported the Finance Cmte. had a unanimous "do pass"
recommendation.
Mr. McLane reported a unanimous "do pass" from Public Works Cmte.
There was no public comment.
Mr. Crawford reported the need to proceed at this time in order
to get the floor in by next fall. Mrs. Moock noted the project
came in at considerably less than approved.
RES. 90-40 WAS ADOPTED BY A VOTE OF 15 YES TO 1 (Atkinson) NO.
(b) Res. 90-44 "Requesting that the USDA, Forest Service,
Seward Ranger District, Chugach National Forest, Not
Use Carbaryl Insecticide, Sevin Brand, Within Any
Forest Campgrounds Near the Community of Cooper Land-
ing" (Skogstad/Mayor, Req. C.L. Advsy. P.C.)
6
KENAI PENINSULA BOROUGH REGULAR MEETING MINUTES, APRII
ASSEMBLYMEMBER GLICK MOVED THE ADOPTION OF RES. 90-44.
A1LIL Bute, North Kenai, stated his support for the resolution,
reporting he has worked on many hazardous waste cleanup jobs and
the pesticides listed were among the materials most carefully
removed.
"rry Smith, Chairman of the Cooper Landing Advisory Planning
Commission which adopted a resolution asking this activity not
take place. He stated the community is surrounded by 27,000
acres of beetle infested, dying spruce trees. The Forest Service
,Decided to try to save some trees in one of the campgrounds two
years ago by use of pesticides but concerned residents filed a
request for stay and the activity was stopped. The Forest Serv-
ice now wants to spray in all the campgrounds and information
provided is extremely inconsistent. He reported a contingency
plan should there be a spill calls for all contaminated objects
or soil to be deposited in a certified toxic waste facility and
lie felt anything that lethal should not be used with residents
nearby. He asked additionally that the borough adopt some type
of policy so that the proposal does not reoccur. In response to
questions he reported the Forest Service held hearings in the
community and there were some who supported the proposal. He
stated all of the campgrounds are on water so a 100 ft. buffer
was planned, but some of the streams are so close there's not
room to respect the buffer and spray the trees. There are alter-
natives to spraying, such as cutting the dead trees, removing the
slash, planting new trees, and removing the limbs from the lower
30 ft. of mature trees.
RES. 90-44 WAS ADOPTED BY UNANIMOUS CONSENT.
(c) Res. 90-41 Adopting the Report of the Solid Waste Com-
mittee of the.Kenai Peninsula Borough Assembly and Sup-
porting Its Findings As Recommendations to the Ad-
ministration for Inclusion in the Borough Solid Waste
Program" (Solid Waste Cmte.)
ASSEMBLYMEMBER O'CONNELL MOVED THE ADOPTION OF RES. 90-41.
"_ y Smith, Cooper Landing resident and owner of D & L Construc-
tion, current Kenai Landfill maintenance contractor, stated he
wished to encourage the establishment of user fees boroughwide.
He understood that was a difficult decision politically, but
would make solid waste disposal more equitable.
Mr.. Nash questioned the intent of Item II(a) "Consider the cur-
rent green box policy" and the notation "recommendations to be
addressed at a later date". Pres. Skogstad reported items listed
under Primary Recommendations are those the committee was charged
with considering and rating. The second list contains items that
are interrelated with the solid waste program for which the com-
mittee needs input from the assembly to carry forward.
Mr. O'Connell added the committee was appointed when the Mayor
requested from the assembly some direction due to the fact the
permits were expiring on some of the landfills, and they were
filling up. Basically, the questions asked were answered in Part
I, :Primary Recommendations, those that could be addressed by June
1. In review of these questions, others appeared and Part II
lists items that need to be addressed further down the line.
Mr„ Nash noted under ICd, "Post Closure Activities" appears to be
a statement of fact rather than a recommendation --"a private
business requested lease of property for a transfer site."
Mr. Sewall reported the committee intended the list in Part II to
be _items that need further examination.
EENAI PENINSULA BOROUGH REGULAR MEETING MINUTES, APRIL 17, 1990
RES. 90-41 WAS ADOPTED BY UNANIMOUS CONSENT.
(d) Res. 90-39(Cmte. Sbst) "Supporting the Inclusion of
Language in Pending Legislation That Would Require
Double Bottoms and Hulls in Oil Tankers" (Legislative
Affairs Cmte.)
ASSEMBLYMEMBER CRAWFORD MOVED THE ADOPTION OF RES. 39(CMTE.
SBST.)
Iheo Matthews, Pres. United Cook Inlet Drift Assoc., stated he
was speaking on behalf of the Kenai Peninsula Fisherman's
Cooperative and the North Pacific Fisheries Assoc. of Homer as
well. He stated as originally written the resolution had merit
but had not specific protection for Cook Inlet, and thus the sub-
stitute was proposed to the committee. The original House ver-
sion of the federal bill provides for double hulled barges within
15 years, double hulled tankers within 7 years. The original
Senate bill requires double hulls for all new construction which
will provide no protection for Cook Inlet. In conference com-
mittee the requirement of the House bill has been dropped, and
therefore the added reference to the 7 year requirement. The
industry's objective is to amortize every floating vessel as is;
they will not spend money to retrofit existing hulls unless it is
mandated. There will be no new ships for the Alaska trade for 20
years so currently considered legislation will not benefit
Alaska. The estimated cost of installing a double hull in an ex-
isting tanker is 20 percent of the initial cost of the vessel.
RES. 90-39(CMTE. SBST) WAS APPROVED BY UNANIMOUS CONSENT.
(e) Res. 90-33 "Determining the Amount that Will
Be Provided from Local Sources for School Purposes for
Fiscal Year 1990-91" (Mayor)
ASSEMBLYMEMBER MULLEN MOVED THE ADOPTION OF RES. 90-33.
Mr. Sewall reported the Finance Cmte. supported adoption by a 4-1
vote.
Suzanne Westbrook, spoke in favor of approval and urged everyone
to contact their legislators in regard to passing HB 460, infla-
tion proofing the foundation formula unit and would mean at least
$800,000 to the Borough. She addressed the need to follow
through with the decision made several years ago to have smaller
high schools and work together to find funds to maintain high
school programs.
Patricia Boily, Homer PAC, urged approval of the budget as
presented as it is barely adequate. She stated the PAC supports
opening of Skyview in order to free up portables now used at Sol-
dotna High School as they are sorely needed in Homer. She
reported Paul Banks Elementary has been split twice and is still
overcrowded with enrollment increasing daily. Before long a new
elementary school will be required.
Sena Richardson, Soldotna, encouraged the assembly to fund the
school budget for quality education for the kids of the Borough.
yycki Leach, Soldotna PAC President, stated they had been as-
surred programs will not suffer if the new school is opened but
the entire amount requested needed to be approved.
Linda Ralston, Nikiski, referred to a letter she sent to parents
regarding the programs at Nikiski HS. She did not want to see
the school budget reduced; she also would not take a stand on
whether or not Skyview should be opened. She was glad they
opened Nikiski HS as overall students have benefited academi-
cally. The number of students looking for upper level math
classes has more than doubled since last year; she believed the
problem was fewer teachers, not students. She urged no cuts be
made in the budget.
;Zahn Iverson, Soldotna, stated his son would be attending Skyview
and he noted some of the programs offered would be the most ad-
vanced technology to be found. He reported the enthusiasm of the
students was overwhelming when they understood the programs of-
fered. He noted more kids would be able to participate in sports
and it would equalize the high schools on the Peninsula.
,BIM_ Painter, Seward, spoke to the need to attract quality
teachers with adequate salaries as many are taking early retire-
ment. She urged adoption of the resolution as proposed.
11�;�ss Kindall, Nikiski, spoke as a parent who was pleased with the
school curriculum and choices offered. He urged adoption of the
budget as submitted and was pleased to hear support for opening
of Skyview. He stated the formula needs to be changed at the
state level so the borough would receive 20 percent more than
Anchorage rather than 5 percent more because of student popula-
tion.
"ndy Wassilie, Seward PAC, stated the issue is quality education
and with increasing enrollment, if there is a budget cut,
programs would be altered due to staff decreases. All phases of
school activities are important.
.2.atty Forest, Seward PAC, reported Seward HS has much roof damage
and her concern is preventive maintenance.
]3i-lary Matthews, Kasilof, urged the school budget be approved
without reduction. It is a status quo budget without respect to
the opening of Skyview.. The national recommendation is that the
students per classroom be reduced but funds must be available.
Udy Schell, Sterling, asked the assembly cut the budget and
"send a message" to the school board not to open Skyview. She
believed the quality of education and curriculum offered would
suffer in a smaller school.
Carla Anderson, Soldotna, did not address budget cuts, but ex-
pressed concern for maintaining a high level of quality educa-
tion. She believed the school board's primary objective was to
open Skyview and would do so at almost any cost. She had urged
the board study the effect of changing boundaries for Soldotna
and Kenai high schools instead, but believed she had not been
taken seriously. She felt the education of young people had been
compromised for quality facilities.
Ie_4;,ry Harvey, Mackey Lake Road, objected to the opening of a
school when another is only half filled. He related unneeded
buildings to unneeded tax bills.
pabie Boosinger, Soldotna, spoke against opening of Skyview,
believing the curriculum would suffer at SoHi as a result. Her
daughter, an academic achiever, had been warned the best teachers
would be moved to Skyview.
KtListy Boosinger, Soldotna, spoke against opening of Skyview as a
means of preserving current curriculum.
Nels Anderson, Soldotna, spoke for changing boundaries rather
than opening another school. He noted decreases in oil revenues
and state funds and forsaw tax increases locally to compensate.
He was in favor of cutting the budget by the amount identified
for opening the school; then giving it back if the school is not
opened to fund additional teachers.
KENAI PENINSULA BOROUGH REGULAR MEETING MINUTES, APRIL 17, 1990
.fin Tarbox, Soldotna, supported the school budget as presented,
Noting the opinions on educational philosophy in this community
are diverse and strong. He urged it be left with the school
board which had spent thousands of hours on this budget.
Mike Wylie, Moose Pass school board member, reported budget hear-
ings were held in 5 areas of the borough with most in support of
-r.e opening and the budget as presented. He reported in 1987 he
worked very hard to keep Skyview closed because the local people
did not support it, but he felt with the crowding of SoHi, it was
necessary. He stated it was not rational to improve the quality
of education by cutting the budget.
L'2�Ler Dolin, Nikiski High School student, stated there were dif-
ficulties last year, he had to take French, calculus and physics
in independent study, but there is an incredible computer network
which has helped qualify him for acceptance at a great univer-
sity. He stated if a student wants a quality education he will
get it.
Charles Collier, Seward, supported the budget as presented by a
caring school board. The idea of sending a "message" is playing
politics, he said, and that is dangerous for the students.
"rl Anderson, Soldotna, stated he was a 4.0 student who was
worried about the budget. He believed currently they had the
best school system anywhere, but feared what would happen when
the new school opens and quality teachers are spread out.
B_Qtty Obendorf, School Board President, spoke in support of the
long and thorough process used to develop the budget with $4 mil-
lion being cut prior to assembly presentation. It was developed
by formula and historical data and is status quo, with increases
only as required by opening of two schools. She asked the school
opening not be confused with funding of education, thanking the
pu'lic for participating and the assembly for listening.
Mr. Mullen urged the assembly to keep in mind what the assembly
and school board responsibilities are.
Mr. Brown reported having contacted a number of people since the
last meeting, when problems of curriculum were reported, includ-
ing 5 principals, teachers and parents. All believed they'd
received quality funding. He believed quality in curriculum is
good and being improved; he was well satisfied with his son's
education. He noted with smaller schools, more students have op-
portunity to participate.
Mrs. Glick read a letter from co-chairs of the KCHS PAC, Susan
Smalley and Bobbie Baldren which stated the small high school
concept was approved through very careful decisions by the school
board and the voters. Transition is not easy and schedules are a
challenge, but healthy school life goes on. They supported full
funding of the school budget.
Mrs. Walli addressed persons attending the meeting on the respon-
sibilities of the assembly and the school board, noting there was
no comment on the solid waste issues that greatly impact the
finances of the borough.
Mrs. Moock reported sitting through the entire school board
process as Education Chair as well as an interested parent and
involvement with the schools. She believed this school system
and its teachers to be of very high quality and believed it would
continue to be because of the interest of residents in their
schools. She also noted the assembly had to consider all the
financial impacts of various factors on the borough.
10
L*:*C TM 4 151 ova valm V UP
Mr. Atkinson stated the budget is a tax issue and expressed con-
cern for the various problems that could cause serious increases
in cost demands. He noted the public does not seem to be con-
cerned about the possibility of a tax increase.
ES. 90-33 WAS ADOPTED BY A VOTE OF 14 YES TO 2 NO:
YES: Sewall, Poindexter, Hodgins, Moock, Atkinson, O'Connell,
=.rawford, Glick, Skogstad, Mullen, Brown, Keene, Nash, Superman
NO: McLane, Walli
(f) Res. 90-36 "Transferring Monies from the Assembly Con-
tingency Account to Assembly Dues and Subscriptions for
Alaska Center for the Environment (ACE) and Public
Awareness Committee for the Environment (PACE) Member-
ships" (Atkinson/Superman)
ASSEMBLYMEMBER SUPERMAN MOVED THE ADOPTION OF RES. 90-36.
Mr. Sewall reported the Finance Cmte. recommended postponement
until the May 15 meeting.
Mrs. Walli asked if the amount requested was based on a member-
ship fee. Mr. Atkinson stated it was based on equity; the amount
is similar to what is paid to organizations with an opposite
point of view.
Mr'. Keene questioned whether the assembly had the authority to
give donations to organizations. Mr. Boedeker stated he would
have to research the question.
Sheila Dixon, Chairperson for PACE, living in Soldotna, stated
there is no limit on contributions; there is an individual fee of
$25 and a family fee of $40; any amount over that is considered a
contribution.
ASSEMBLYMEMBER BROWN MOVED TO AMEND BY STRIKING THE REFERENCES TO
THE ALASKA CENTER FOR THE ENVIRONMENT THROUGHOUT THE RESOLUTION
AS WELL AS SECTION 1.
He stated the local PACE group has been active and he could sup-
port it.
ASSEMBLYMEMBER SEWALL MOVED TO POSTPONE UNTIL MAY 15.
He stated the Finance Cmte. recommended all the dues and member-
ship items be discussed at one time with sufficient information
and the legal question that was posed.
MOTION WAS APPROVED BY A VOTE OF 11 YES TO 5 NO:
YES: Sewall, Poindexter, Moock, McLane, O'Connell, Glick,
Skogstad, Mullen, Keene, Nash, Walli
NO, Hodgins, Atkinson, Crawford, Brown, Superman
(g) Res. 90-43 "Authorizing an Expenditure of $2,000 from
the Assembly Dues and Subscriptions Account for Member-
ship in OEKOS" (Brown)
ASSEMBLYMEMBER BROWN MOVED THE ADOPTION OF RES. 90-43.
Mr. Sewall reported the Finance Cmte. recommended the postpone-
ment. of this resolution as well to May 15.
William Altland, Kenai, stated he represents Oekos which is a lo-
cal membership organization established in Kenai in August, 1989
and is world-wide in scope. He stated membership includes busi-
ness people, fishermen, educators and scientists whose concern is
for the global oceans which are at risk. He spoke of the spoil-
11
KENAI PENINSULA BOROUGH REGULAR MEETING MINUTES, APRIL 17, 1990
i_ng of the water through sewage, toxic waste and oil spills and
efforts to implement economic/ecological balance. He urged adop-
tion of the resolution.
&qss Kendall, Nikiski, stated his support as a fisherman and
charter member of Oekos. He stated the organization was an out-
growth of the disasterous spill last year and it includes a lot
of people who had not previously been involved in environmental
issues.
Mr. Brown stated he became interested in the organization because
they propose a balanced program of environmental concern. He
reported there are over 1,000 members, some from 35 states and
other countries. The organization includes scientists with major
reputations that can speak with authority on issues.
AS'SEMBLYMEMBER KEENE MOVED TO POSTPONE RES. 90-43 TO MAY 15 AND
IT WAS APPROVED BY A VOTE OF 13 YES TO 3 NO:
YES: Sewall, Poindexter, Moock, McLane, Atkinson, O'Connell,
Glick, Skogstad, Mullen, Keene, Nash, Superman, Walli
NO: Hodgins, Crawford, Brown
ASSEMBLYMEMBER BROWN MOVED TO ADJOURN AND THE MOTION PASSED BY A
VOTE OF 11 YES TO 5 NO:
YES: Hodgins, Moock, Atkinson, O'Connell, Glick, Skogstad, Mul-
len, Brown, Keene, Nash, Superman
NO.: Sewall, Poindexter, McLane, Crawford, Walli
Mr. Nash reported Policies and Procedures Cmte. would meet on
April 18 at 6:30 p.m.
Pres. Skogstad announced the Western Interstate Region of NACo
would meet in Anchorage on May 9-11 and Mrs. Glick will be in-
stalled as President on May 11.
U. NOTICE OF NEXT MEETING AND ADJOURNMENT
Pres. Skogstad stated the next meeting would be May 1 at 7:30
p.m. with a Worksession scheduled on May 8. This meeting ad-
journed at 11:45 p.m.
Date approved May 11,, 1`990
J es W. Skogstad, Assembly President
AT3'E�4T
i
orough Cler
12
KENAI PENINSULA BOROUGH i / V FD
CONTINUED ASSEMBLY MEETING
April 10, 1990; 6:00 p.m.
Borough Administration Building
Soldotna, Alaska
- A G E N D A- Page Number
A. CALL TO ORDER
B.
ROLL
CALL
1
C.
(a)
Ord. 90-18 "Appropriating $594,000 from the
I Enacted
General Fund Balance for Various School Minor
Capital Projects" (Walli/Moock)
(b)
Ord. 90-19 "Adopting a Comprehensive Plan
4 Enacted
for the City of Homer as a Portion of the
Kenai Peninsula Borough Comprehensive Plan"
(Mayor)
(c)
Ord. 90-20 "Adopting the Kenai Peninsula
4 Enacted
Borough Coastal Management Program" (Mayor)
(d)
Ord. 90-21 "Accepting and Appropriating Sup-
6 Enacted
plemental Funds from the State of Alaska for
the Kenai Peninsula Borough Coastal Manage-
ment Program" (Mayor)
D..
CONSIDERATION OF RESOLUTIONS
(a)
Res. 90-19 "Requesting the Borough Mayor to
6 Adopted
Provide a Free Non -Commercial Public Use
Solid Waste Disposal Facility at the Current
Kenai Landfill Site" (Glick/Brown/Superman/
Nash) POSTPONED ON 3/6 TO 4/3/90
(b)
Res. 90-33 "Determining the Amount that Will
7 Adopted
Be Provided from Local Sources for School
Purposes for Fiscal Year 1990-1991" (Mayor)
F.
PUBLIC COMMENTS AND PUBLIC PRESENTATIONS
(a)
Kenai Peninsula Visitors Assn.; Pam Oldow
9
G.
MAYOR'S REPORT
H. OTHER BUSINESS
I. ASSEMBLY AND MAYOR'S COMMENTS
J. INFORMATIONAL MATERIALS AND REPORTS
K. NOTICE OF NEXT MEETING AND ADJOURNMENT (4/17/90) 11
I
KENAI PENINSULA BOROUGH
CONTINUED ASSEMBLY MEETING
April 10, 1990; 7:30 p.m.
Borough Administration Building
Soldotna, Alaska
A. CALL TO ORDER
Pres. Skogstad reconvened the assembly meeting of April 3, 1990
agenda at approximately 7:30 p.m.
B. ROLL CALL
PRESENT: Assemblymembers Atkinson, Brown, Crawford, Glick,
Hodgins, Keene, McLane, Moock, Mullen, Nash, Poindexter,
Sewall, Skogstad, Superman, Walli; Mayor Gilman, Finance
Director Kinney, Planning Director Troeger, Public Works
Director Brown, Planner Spearow, Waste Tech Mayer; Atty.
Boedeker; Deputy Borough Clerk DeLacee
ABSENT:O'Connell
ASSEMBLYMEMBER HODGINS MOVED SUSPENSION OF RULES TO ALLOW A SHORT
PRESENTATION ON ALASKA VISITORS ASSOCIATION (AVA). THERE WAS OB-
JECTION.
THE MOTION TO SUSPEND THE RULES FAILED ON A VOTE OF 9 YES, 5 NO;
FAILING TO RECEIVE THE NECESSARY 2/3 (11).
YES:Sewall, Poindexter, Hodgins, Moock, McLane, Glick, Skogstad,
Brown, Nash, Superman
NO:Atkinson, Crawford, Mullen, Keene
C. ORDINANCE HEARINGS
(a) Ord. 90-18 "Appropriating $594,000 from the General
Fund Balance for Various School Minor Capital Projects"
(Walli/Moock)
Pres. Skogstad reopened the public hearing on Ord. 90-18, invit-
ing the public to speak. He noted the Brown amendment to in-
crease the ordinance by $40,000 at the Bob Bartlett School for a
playground was on the floor for discussion.
B_etty Obendorf, president of the KPB Board of Education, asked
the assembly to approve the ordinance. She advised the school
district had been advised of a possible $700,000 surplus on the
construction of the Seward Elementary School. The school dis-
trict and public works department had drafted and approved the
list with the primary considerations of health and safety of
building occupants and to protect or enhance the facilities.
ASSEMBLYMEMBER SUPERMAN MOVED TO AMEND THE BROWN AMENDMENT BY IN-
CREASING THE APPROPRIATION TO $100,000; STRIKING $40,000. AS-
SEMBLYMEMBER BROWN ACCEPTED THE SUPERMAN AMENDMENT AS A FRIENDLY
AMENDMENT INCORPORATING THE NEW FIGURE.
Assemblymember Brown noted in conversations with Donald Stan-
di.fer, leader of the village of Tyonek, strong support was ex-
pressed for the project. Although there are legal questions
regard public right-of-way to the playground, Mr. Brown felt the
village, borough, school district and North Peninsula Recreation
Service Area (NPRSA) could work them out.
Assemblymember Sewall stated reluctant opposition to the amend-
ment as the project is so far from being ready to proceed. Other
projects in the ordinance were bid ready.
Regular Kenai enin la Borough Assembly Minutes April 10, 1990
Assemblymember Keene also expressed difficulty with appropriating
;ponies for the project as it would not be ready to proceed within
the coming year.
.Assemblymember Walli noted the school board had not put .the
project on its list while considering health and safety criteria.
She further observed the legal matters included attaining a
long-term lease agreement which had not yet been obtained. She
felt paying the village for a lease of the property (proposed
$9,000 annually), after a proposed $200,000 investment by the
borough was not compatible.
Assemblymember Mullen suggested there was an available fund
balance in the NPRSA of nearly $200,000 that could be used. Ad-
ditionally the Tyonek Recreation Board has a balance of $40,000
that could be applied.
Assemblymember Superman said even three years ago the playground
was the number one topic of discussion. Tyonek is the only
school with no playground in the school district. He felt the
current leadership was much more willing to work with the
borough. He felt the borough should match funds with the recrea-
tion service area 50/50.
Mayor Gilman said the status of the negotiations was the same as
ore year ago and have virtually stopped. He asked that Ms. Karen
Koester, Director of NPRSA, be allowed to provide information on
a telephone poll of the board.
Karen Koester, Director of NPRSA, said the board's position at
this time was the project would not be funded until the borough
has a long-term lease agreement and until the issue or right-of-
way or public access to the playground is resolved. Only govern-
ment officials may enter the village and private individuals must
ottain permission for entrance.
Assemblymember Crawford asked confirmation it was the NPRSA's in-
tent to match the funds 50/50 and Ms. Koester it was. Other
avenues of funding would also be investigated including legisla-
tive. The village gave no response to attempts to resolve the
situation until the past week.
Assemblymember Brown felt the village had not been allowed to
present its side of the situation. He requested copies of NPRSA
and Nikiski Fire Service Area minutes and tapes. He asserted the
village officials were not treated properly. He said children in
Tyonek were being prohibited from normal school activities such
as track, softball, etc. by not having a playing field. He noted
approximately $700,000 in tax revenue is received from the area
and an inadequate level of service is being returned.
Assemblymember Nash asked Ms. Koester if the service area was
supportive of the $100,000 appropriation. Ms. Koester responded
unanswered questions existed about shared maintenance of the
playground. She noted the service area had already expended
;:Honey to have the proposed site surveyed. She said she felt the
;project shouldn't have come to the assembly until the problems
were resolved. She noted the NPRSA does provide services to
Tyonek with a recreation budget, recreational activities, and a
recreational assistant through the Village of Tyonek. She said
:she'd brought the survey of the site to the meeting and the
public works director had indicated the project could be more ex-
pensive than she thought.
Mayor Gilman said if the amendment were passed, the money could
^.ot be used for anything other than a Tyonek playfield. He indi-
cated it was possible some of the money could be used for design
services on the project.
regular Kenai Peninsula Borough Assembly Minutes April 10 1990
Assemblymember Walli restated her position the legal problems
needed to be resolved before encumbering the money and the as-
sembly needed to follow the school board's direction.
Assemblymember Glick asked Ms. Koester questions regarding a
NPRSA letter of March 6, 1990 outlining four proposals. One
proposal dealt with the right-of-way from the airstrip to the
proposed playing field. In the village response letter, offi-
cials noted when they had used the old playing field there had
been no discussion regarding obtaining right-of-way. Mrs. Glick
asked if the old playing field was near the proposed site. Ms.
Koester said the new field had been surveyed out on a new piece
of property. The old field is at the end of the runway and in-
dividuals flying in and out discouraged putting anything on the
old field. Ms. Koester said in October 1989, she and Deputy
Borough Attorney Schmidt had met with John Evans, Executive
Director of Tyonek Native Corp and the village lawyer, Bart Gar-
ber. The village lawyer brought up the issue of the right-of-way
being concerned about village liability for persons traveling
from the airstrip to the playing field.
However, after this meeting there was no further communication
from the village until February when the NPRSA put the project on
hold. She indicated since that time she and the president of the
Tyonek Native Corp. had discussed the corporation's willingness
to work on a long-term lease with very little required payment.
Mrs. Glick asked Ms. Koester why the NPRSA required letters of
support for the project. Ms. Koester said the board wanted let-
ters of support to show taxpayers the project was a good project.
She further indicated sometimes one or two individuals request
something without true local backing. She said she didn't know if
everyone over there understands that once the playfield is built
with public monies, the village will be unable to say people
can't go through the village to use the playfield.
Mrs. Glick asked why the village would be required to get monies
from the legislature if there is money in the fund balance in the
NPRSA and potential borough money. Ms. Koester indicated in con-
versations with Supt. Sandahl and John Dahlgren that the school
district didn't have the money to fund the project. When the
projects list came out from the school district and the playfield
was not listed, the board assumed the project was not a high
priority as they'd been led to believe. The NPRSA in meeting
w:th the Tyonek Native Corp. reflected the funding situation.
The village said the Senators would be willing to sponsor legis-
lation.
Assemblymember Glick said while the village may have caused some
of: its own public relations problems, it deserved to be treated
as part of this borough and help should be offered.
Assemblymember Sewall reiterated his position that while support-
ing the project concept, he couldn't support encumbering the
funds until the project is bid ready.
Assemblymember Atkinson said until the village cooperated with
NPRSA and the borough, he couldn't support the project.
Assemblymember Brown felt the right-of-way was not a real problem
and was being used as an excuse. He noted in 1980 the Tyonek
Recreational Activities Budget was $40,000, but suspected it was
less than that last year. He further noted the NPRSA budget had
increased greatly and he didn't feel Tyonek was being treated
fairly. He said the appropriated money would not be spent until
the problems are resolved.
THE BROWN/SUPERMAN AMENDMENT TO ADD $100,000 FOR A PLAYFIELD AT
BOB BARTLETT ELEMENTARY FAILED ON A VOTE OF 8 YES, 7 NO:
YE:S:Hodgins, Crawford, Glick, Skogstad, Brown, Keene, Nash and
Superman
NO:Sewall, Poindexter, Moock, McLane, Atkinson, Mullen and Walli
ASSEMBLYMEMBER HODGINS MOVED TO AMEND ORD 90-18, STRIKING ALL
[TEMS WITH THE EXCEPTION OF THE FIRST TWO PROJECTS: AREAWIDE
PORTABLES AND KCHS LIBRARY ROOF FOR A TOTAL EXPENDITURE OF
$90,000, AND CHANGE ALL APPROPRIATE LANGUAGE TO REFLECT THE
$90,000 IN THE TITLE.
Assemblymember Moock felt it was not prudent for the assembly to
strike projects that were safety related.
"HE HODGINS AMENDMENT FAILED ON A VOTE OF 11 NO, 4 YES:
NC:Sewall, Poindexter, Moock, Atkinson, Crawford, Glick,
Skogstad, Mullen, Keene, Nash and Walli
YES:Hodgins, McLane, Brown and Superman
ORD. 90-18 WAS ENACTED ON A VOTE OF 11 YES, 4 NO:
YES:Sewall, Poindexter, Moock, Atkinson, Crawford, Glick,
Skogstad, Mullen, Keene, Nash and Walli
NO:Hodgins, McLane, Superman and Brown
(b) Ord. 90-19 "Adopting a Comprehensive Plan for the City
of Homer as a Portion of the Kenai Peninsula Borough
Comprehensive Plan" (Mayor)
ASSEMBLYMEMBER GLICK MOVED ENACTMENT OF ORD. 90-19.
Local Affairs/Lands Chairman Brown advised the committee unani-
mo.tsly recommended do pass.
J;jleen Bechtol, Planning Director of Homer, gave the history on
the Homer comprehensive plan and thanked the borough for its
cooperation.
ORD. 90-19 WAS ENACTED BY UNANIMOUS CONSENT.
(c) Ord. 90-20 "Adopting the Kenai Peninsula Borough Coas-
tal Management Program" (Mayor)
ASSEMBLYMEMBER CRAWFORD MOVED ENACTMENT OF ORD. 90-20.
Local Affairs/Land Chairman Brown said the committee recommended
do pass on a 5 to 1 vote.
wren Flaaa. representing Kenai Peninsula Fishermen's Association
and Kenai River Special Management Area Advisory Board, said both
groups had participated in formation of the plan and had tes-
tified before the assembly on its necessity.
kaul Zimmerman, Kasilof, pointed out letters from Cook Inlet
A.quaculture and his company received by the assembly. He
stressed the importance of the plan to the local common
fisheries.
pennis Randa, Miller Loop, urged passage of the ordinance to put
the plan in place.
-Si!d_C-4X, United Cook Inlet Drift Association (UCIDA), said while
the plan wasn't perfect it should be passed. He noted other
state and federal agencies have approved the program with minor
4
Regular Kenai Peninsula Borough Assembly Minutes April 10, 1990
revisions. Jacqueline Estes, Div. of Governmental Coordination,
spoke in favor of passage and presented a means to amend the plan
if necessary. UCIDA would like to see the transportation of
toxic products including oil addressed within the 3 mile limit.
fie also emphasized UCIDA's support on the ban on fin fish farm-
'_nc3. While not perfect, he urged adoption on the plan.
ASSEMBLYMEMBER POINDEXTER MOVED TO AMEND THE RESOURCE SECTION OF
THE PLAN TO INCLUDE A NEW SECTION 3., AGRICULTURE WITHIN THE
KENAI PENINSULA BOROUGH, AND RENUMBER THE EXISTING 3 TO 4.
Assemblymember Crawford said while the amendment was minor, it
would result in the plan having to go back to the Div. of
Governmental Coordination, the planning commission and assembly.
He urged adoption of the plan as is and subsequent amendment.
Assemblymember Poindexter said he'd been under the impression
this minor addition would not have to go through the whole
process again.
Mayor Gilman asked Planner Spearow to elaborate. Ms. Spearow
said this amended information would be added to Chapter 1,
Resource Inventory which is a background information. She noted
similar addition of information regarding shore birds and recent
activity of Mt. Redoubt. She observed these types of information
were not mandating enforceable policies and so should be con-
sidered minor.
Assemblymember Brown asked Ms. Spearow if the other additions had
already been included. She indicated they had not because she'd
been waiting for assembly approval of the plan.
Assemblymember Crawford expressed frustration with incorporation
of anything that hadn't been before the public.
Assemblymember Keene also expressed dismay about anything being
added to the plan.
Pres. Skogstad asked Mayor Gilman about an ordinance being
changed without anyone's knowledge except staff. Mayor Gilman
said he had heard this information for the first time as the as-
sembly had. He thought perhaps a tabling motion was in order.
Assemblymember Sewall felt the Poindexter amendment would better
be addressed in resolution form after passage of the plan.
ASSEMBLYMEMBER NASH MOVED TO POSTPONE ORD. 90-20 AND REMAND TO
LOCAL AFFAIRS/LAND COMMITTEE REVIEW PURSUANT TO ADMINISTRATION
INPUT OF INFORMATION TO BE ADDED.
Assemblymember Mullen pointed out the assembly had 90 days to act
on the plan which would expire at the end of April.
Assemblymember Glick noted she'd started working on the coastal
management program twelve years ago. While not perfect, she said
the plan would be a starting point. She spoke against postpone-
ment and against additions to the plan until after public review.
Assemblymembers Keene and Walli also spoke against postponement
and amendments prior to adoption of the plan.
Assemblymember Superman spoke for the postponement and asked if
the document were an open-ended document. Mayor Gilman indicated
the document was not open-ended, although the representative of
Div., of Governmental Coordination had indicated it was possible
to amend non -policy issues.
Regular Kenai Peninsula Borough A semhly Minutes April 10 1990
Assemblymember Moock spoke against the postponement noting the
plan had been in the works for 12 years. She also expressed
frustration with items not being addressed but carried over to
the next meeting.
-HE; NASH MOTION TO POSTPONE FAILED ON A VOTE OF 12 NO, 3 YES:
NO:Sewall, Poindexter, Hodgins, Moock, McLane, Atkinson, Craw-
ford, Glick, Skogstad, Mullen, Keene and Walli
YI:S:Brown, Nash and Superman
Assemblymember Poindexter reiterated his amendment was not a
policy amendment, but an informational amendment. He noted of
all the resources for the peninsula listed, agriculture was not
one of them and should be.
THE POINDEXTER AMENDMENT FAILED ON A VOTE OF 9 NO, 6 YES:
NO:Sewall, Moock, McLane, Atkinson, Crawford, Glick, Skogstad,
Mullen and Keene
YES:Poindexter, Hodgins, Brown, Nash Superman, and Walli
DRD. 90-20 WAS ENACTED BY UNANIMOUS CONSENT.
Assemblymember Superman asked if there were going to be a sup-
plemental resolution adding the discussed language.
Mayor Gilman assured the assembly there would be no changes to
the document without being brought to the assembly first.
(d) Ord. 90-21 "Accepting and Appropriating Supplemental
Funds from the State of Alaska for the Kenai Peninsula
Borough Coastal Management Program" (Mayor)
A.SSEMBLYMEMBER GLICK MOVED ENACTMENT OF ORD. 90-21.
Local Affairs/Lands Chairman Brown said the committee recommended
do pass.
Paul Zimmerman, Kasilof, urged enactment of the appropriating or-
dinance.
Assemblymember Nash asked Mayor Gilman if the grant language had
been changed from printing to mapping. Mayor Gilman said it had
been.
ORD. 90-21 WAS ENACTED BY UNANIMOUS CONSENT.
D. 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/ Nash) POSTPONED ON 3/6 TO 4/3/90
ASSEMBLYMEMBER NASH MOVED ADOPTION OF RES. 90-19.
Local Affairs/Lands Chairman Brown reported the committee recom-
mended do not pass on a 4 to 2 vote.
Assemblymember Nash observed previously the assembly had ex-
pressed problems with enacting an ordinance with permanent provi-
sions. He noted this resolution was an answer to that.
6
Regular Kenai Peninsula Borough Assembly, Minutes April 10 1990
ASSEMBLYMEMBER HODGINS MOVED TO AMEND THE TITLE, STRIKE: [FREE
14ON-COMMERCIAL PUBLIC USE]; SECTION 1., STRIKE: [FREE NON-
COMMERCIAL PUBLIC USE]. UNANIMOUS CONSENT APPROVAL WAS ASKED BUT
OBJECTION WAS VOICED.
Assemblymember Nash asked if it was the intent of Mr. Hodgins to
allow the mayor to lease to one of the two APUC carriers. Mr.
Hodgins said his only intent had been to circumvent some of the
interminable discussion on what free was, what non-commercial was
and what public use was. He hoped all cities within the borough
would eventually charge user fees with some credit back for recy-
cling.
Assemblymember Brown asked Mayor Gilman if it were his intent to
come back before the assembly with any type of lease agreement on
the site. Mayor Gilman stated his quandary with the resolution.
He said he can't lease anything; it would have to be brought
before the assembly.
ASSEMBLYMEMBER HODGINS MOVED TO FURTHER AMEND THE TITLE TO STRIKE
REFERENCE TO THE MAYOR, THEN READING: "REQUESTING THE BOROUGH TO
PROVIDE A NON -USER FEE, SOLID WASTE DISPOSAL FACILITY AT THE CUR-
RENT KENAI LANDFILL SITE".; SECTION 1., LINE 1.STRIKE, [Mayor].
Assemblymember Atkinson opposed the first Hodgins amendment as it
would essentially make the resolution the same as Ord. 90-11. He
stated support for the second Hodgins' amendment.
THE HODGINS AMENDMENT TO STRIKE REFERENCE TO [FREE NON-COMMERCIAL
PUBLIC USE] IN THE TITLE AND SECTION 1. WAS ADOPTED ON A VOTE OF
10 YES, 5 NO:
YES:Sewall, Hodgins, Moock, McLane, Crawford, Glick, Skogstad,
Keene, Nash and Superman
NO:Poindexter, Atkinson, Mullen, Brown and Walli
RES. 90-19, AMENDED, WAS DEFEATED ON A VOTE OF 8 YES, 7 NO:
YE:S:Sewall, Hodgins, Moock, Crawford, Glick, Brown, Nash and
Superman
NO:Poindexter, McLane, Atkinson, Skogstad, Mullen, Keene and
Walli
ASSEMBLYMEMBER ATKINSON MOVED RECONSIDERATION OF RES. 90-19
(A.PRIL 17, 1990).
(b) Res. 90-33 "Determining the Amount that Will Be
Provided from Local Sources for School Purposes for
Fiscal Year 1990-1991" (Mayor)
ASSEMBLYMEMBER GLICK MOVED ADOPTION OF RES. 90-33.
Finance Chairman Nash advised the committee had recommended
postponement of the resolution to 4-17-90 at its 4-3-90 meeting.
He expressed concern regarding passage on the 17th and a subse-
quent reconsideration being filed, delaying assembly action and
resulting implementation of the original by default.
Assemblymember Sewall said according to Mason's and assembly pro-
cedure reconsideration cannot be asked if it would render the
question moot. Thus, reconsideration would not be in order on
this resolution on April 17th as the legislation must be adopted
prior to May 1.
ASSEMBLYMEMBER NASH MOVED TO POSTPONE RES. 90-33 TO 4-17-90.
7
gELZIl1ar Kenai Peninsula Borough Assembly Minutes April 10. 1990
Assemblymember McLane asked what the correct number was on the
appropriation figure in Res. 90-33. Finance Director Kinney ad-
vi=_;ed School District Operations should be amended to $61,297,325
and the total appropriation should read $67,168,776.
Pu:olic comment was opened.
TojIi_Burke, Kasilof, stated he was a vocational teacher at Kenai
High School. He expressed concern about the proposed budget from
an educational standpoint. He asked that the assembly cut the
proposed school budget by $1 to $1 1/2 million. He cited the ex-
am:)le of Kenai Central High School and Nikiski High School with
student. populations of around 400, and resulting limitation on
the curriculum. He forecasted with the opening of Skyview, the
same scenario for Soldotna High and Skyview could exist. He
re)orr_ed the KCHS Vocational Department had 20-25 classes prior
to the opening of Nikiski High. This year there are 11 classes.
At the same time required classes now have 25- 30 students. He
indicated he had one elective class with 4 students. He sug-
gested Skyview High School not be opened and students be moved
from Soldotna High into Kenai High School through a boundary
change. He felt the school budget was being run by the build-
ings. He confirmed per Pres. Skogstad's inquiry, he'd made the
same testimony to the school board. Pres. Skogstad informed him
the assembly can't make a policy decision but only approve dol-
lars for the school district without line item control.
Barbara Waters, Kenai, read a letter from Linda Ralston, Head of
the gikiski High Mathematics Dept. She stated because of funding
the school, and failure to have adequate staffing, only 18 sec-
tions of math will be offered for grades 7 through 12. Nikiski
High will no longer offer trigonometry, analytical geometry, cal-
culus and personal survival math. She said Nikiski High offers
an honors diploma which requires 4 years of mathematics. Since
many of the advanced students take algebra as 8th or 9th graders,
they would only be able to take up to Algebra II and achieve only
two or three years of mathematics. They would then have to go to
the ollege for the math courses or do them by independent study.
Some colleges require these classes to gain interest and there-
fore, some students would not be able to attend colleges of their
choice. Students who do not have mathematical aptitude need a
practical course such as personal survival math. She urged pres-
suze be borough to bear on the school board and school ad-
ministration to deal with the situation.
Assemblymember Hodgins supported postponement in order that the
public may comment.
Assemblymember Poindexter opposed postponement stating cutting
the appropriation would only make the situation worse.
Assemblymember McLane supported postponement. He asked that
people consider the borough is going to spend in excess of $94
million in the school program including debt service, $10,640 per
member based on projections.
Assemblymember Moock also supported postponement in order to al-
low ':.he public to come forward and speak to the budget.
Assemblymember Walli favored postponement in order that the body
might be made aware of the current debt retirement and cor-
responding mill levy. She cautioned the public that the assembly
does not have line item control and any budget cuts would be in-
terpreted by school district administration as they chose.
THE :VASH MOTION TO POSTPONE TO 4-17-90 WAS ADOPTED ON A VOTE OF
12 YE'S, 3 NO:
Regular Kenai Peninsula Borough Assembly Minutes April 10, 1990
Assemblymember Poindexter requested an excused absence from the
1-17-90 meeting as he'd be chaperoning a group of students for a
^FA convention.
Assemblymember Hodgins pointed out the new Kenai Visitors Guide
from the Economic Development District (EDD). He asked Pres.
5kogstad to consider approval of his attending a seminar in
Anchorage on the dynamics of economic development on April 23-
25. He noted his 15-year old daughter had told him she would
need to attend either Kenai or Soldotna High Schools because pre-
requisites for college work were not available at Nikiski High.
Assemblymember Moock noted while opening of Nikiski High
satisfied people in the area for the need to have children closer
~:o home, the consequence is evident and was as predicted. Both
Nikiski and Kenai High Schools are bearing the consequence. She
said she'd been an outspoken critic of the opening of Skyview for
years, but for political reasons the school board has chosen not
-:o listen. She noted last year the board stated they'd only open
Skyview if there were funding available and it was not a detri-
ment to the rest of the schools. She urged members of the public
,:o attend the meeting on April 17th. She restated the assembly
has no line item control although perhaps a strong message could
be sent to the school district if an exhorbitant amount was cut
from the budget. But there would be no guarantee, cuts wouldn't
be made in teachers, etc. She stated students' education was in
jeopardy and urged people to turn out to speak at the next meet-
ing, April 17, 1990.
Assemblymember McLane advised although he was listed as sole
sponsor of Ord. 90-32 on AVA funding, the legislation was the
:_esult of task force efforts and more sponsors would be listed at
the next meeting. He further advised he would present a detailed
fiscal note on the ordinance at introduction. He stated the
Kenai Peninsula Borough must consider diversification in the
economy and strongly consider tourism development.
Assemblymember Atkinson said he'd asked reconsideration of Res.
90-19 because he wanted to put forth the second Hodgins' amend-
ment again. He noted the purchase of land for Kachemak Bay State
Park was not the only issue and urged interested persons to con-
tact legislators to all secure timber rights. He observed the
assembly packet was being printed on recycled paper.
Assemblymember Glick noted the assembly had made a drastic cut in
the school budget about three years ago to address concerns
regarding top-heavy administration. However, in the end what was
cu was teachers, particularly in the lower level. Kindergartens
had as many as 42, 45 to 48 students per class. Tremendous pres-
sure was put on the assembly to fund additional dollars. She
cautioned there were no guarantees when cutting the budget. She
noted progress and status of legislation in Juneau. She advised
the WIR Conference would be held in Anchorage May 9th - 12th.
She said the issues for discussion affect many of the states.
However the topics for discussion all affect Alaska. She noted
per the mayor's request, she'd sponsored a resolution regarding
Alaska's bid as a regional response area at the NACo conference
in Washington, D.C. The effort was successful in getting support
for Alaska's bid. She stated Kenai Caucus would meet at Kenai
City Hall on Thursday for a teleconference meeting.
Assemblymember Nash noted his son was one of the students af-
fected by the KCHS curriculum in that he was having to take in-
dependent study for trigonometry in order to continue with his
band and foreign language.
Pres. Skogstad said he didn't know what to do about a school
budget worksession because of the heavy schedule for the next
meeting and committee work. He advised the borough clerk ap-
10
R&Lau lar Kenai Peninsula Borough Assembly Minutes April 10 1990
YES:Sewall, Hodgins, Moock, Atkinson, Glick, Skogstad, Mullen,
Brown, Keene, Nash, Superman, Walli
NO:Poindexter, McLane, Crawford
E, FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON SUB-
JECTS NOT ON THE MEETING AGENDA
F. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS
&a1;J1y_ Scott, President of the KPB Chapter of Alaska Visitors
As<.sn.(AVA), advised the assembly the AVA would be speaking to the
assembly over the next several weeks with vital information
about tourism on the peninsula. She noted campaigns of the or-
gan'_zation during the Exxon Valdez disaster to improve tourism to
the peninsula. She introduced the vice-president of the AVA
Chapter, Pam Oldow, who is the co-owner of Kenai Fjords Tours.
Ms. Scott advised Ms. Oldow was the recipient of the Alaska Hall
of. Fame 1990 designation and a former borough assemblymember.
Pans-Oldow, Seward, stated her excitement about the growing chap-
ter of AVA and the cooperative effort of all areas for tourism.
She cited the growth of her company from 1978 to the present, now
pu.t.t:ing 15,000 - 20,000 people through on the tours of the Kenai
Fjords. There has been a tremendous spinoff to the local
bu.s'_nesses in Seward and employment of 35 additional Alaskans.
She also noted the Princess Tours purchase of a lodge and commit-
ment: to spend millions. She asked for the assembly's support for
introduction of Ord. 90-32, funding for AVA.
G. MAYOR'S REPORT
H. OTHER BUSINESS
I. ASSEMBLY AND MAYOR'S COMMENTS
Assemblymember Walli expressed the feeling there hadn't been
enough work sessions and encouraged meeting on the borough budget
and proposed school budget.
Assemblymember Superman thanked Mr. Burke for his appearance. He
noted there are discrepancies on funding of the schools. He ad-
Visetd Nikiski Junior/Senior High is on the bottom of per pupil
funding. He also wanted borough workshops for both the borough
and. school budgets. He noted a public meeting would be held
Thursday by the Nikiski Community Council regarding a pending
septage permit.
Pres. Skogstad commented on requests for worksessions, noting for
the past two months he'd asked members about the need for such
sessions with no response. He felt at this point such sessions
could accomplish little because of the short time span until the
legislation must be addressed.
Assemblymember Nash advised the Policies and Procedures Committee
would meet on April llth at 6:30 p.m. He also expressed concern
about repair of the maintenance facility roof and the dollars
needed for such repair. He asked administration about the demand
letter from Mr. McCloud and whether resolved. Mayor Gilman said
he'd rather discuss this in an executive session.
AssembLymember Brown requested administration to assist where
possible with the NPRSA/Village of Tyonek negotiations on the
playfield project. He said he'd like to be a co-sponsor with Mr.
McLane on the AVA ordinance.
eaular Kenai Peninsula Borouah Assemb
plications had been reviewed and three candidates would be inter-
viewed April 17, 1990 from 1 p.m. to 4 p.m. The committee will
then write up a written recommendation to be distributed to as-
semblymembers.
Assemblymember Moock said she'd talked to Mrs. Obendorf about
questions that hadn't surfaced earlier and possibility of another
assembly/school board worksession. Mrs. Obendorf pointed out
there had been two recent school board worksessions which no as-
semblymember had attended. She indicated it hardly seemed ap-
propriate to have another meeting when the school board has al-
ready done its work and Mrs. Moock thought this was fair.
Pres. Skogstad thanked Mr. McLane, Mr. Boedeker and Mr. Kinney
and other members of the AVA Task Force for coming up with the
proposed Ord. 90-32. He asked Mayor Gilman if he could work on
moving the dumpster at Cooper Landing to a previous landfill site
by Cooper Creek which is borough selected land. In response to
Pres. Skogstad's inquiry, Mr. McLane said there had been discus-
sion of other legislation. Pres. Skogstad asked if possible the
legislation be worked on so not so much work was done on the
floor. Mr. McLane suggested meeting on April 16th.
Pres. Skogstad reminded members conflict of interest was due. He
notified members the borough was not fairing well in Juneau on
several issues. He advised it would be probable that several
members needed to go to Juneau to lobby for the borough.
Mayor Gilman advised it was his intent to introduce the budget
document on the first of May including all budgets and mill
rakes. After discussion, it was decided a borough budget
worksession with department heads would be held on May B, 1990 at
E. p.m.
INFORMATIONAL MATERIALS AND REPORTS
K. NOTICE OF NEXT MEETING AND ADJOURNMENT (4/17/90)
Pres. Skogstad adjourned the meeting at 11:40 p.m.
Date Approved: May 1, 1990
Jarv,,6s W. Skogstad Assembly President
ATTEST:
Boroug �er��
11
This edition
Sponsored by: Arctic Slope Regional Corporation
April 1990
Resource Development Council
Box 100516, Anchorage, AK 99510
Z NP o -3
Permit No. 377 -
ADDRESS CORRECTION
REQUESTED -
esource
Mayor Jahn W i 11 iaras
City of Kenai
view
210 Fidalo_o
Kenai. AK 99611
ANWR Wilderness
designation wou carry big pta9
"There's a tendency of proponents of
Wilderness to say that Wilderness is
priceless. It isn't. There's a price. if
Establishing a federal Wilderness
over what may be the richest oilfield in
North America could lead to enormous
economic and national security conse-
quences forthe nation and compromise
the future of Alaska's economy.
lumlliq
Utah Wilderness study 3
Wetlands litigation 3
Tongass reforms 6
RDC media campaign 6
Dr. George Learning
A major discovery of oil in the Arctic
National Wildlife Refuge (ANWR) could
keep oil flowing through the Trans -Alaska
Pipeline well into the 21 st century, saving
the American consumer hundreds of bil-
lions of dollars in overall energy costs.
Development of potential reserves there
could cut America's energy bill for im-
ported oil by $100 billion annually, create
tens of thousands of new jobs nationwide
and generate over $6 billion in annual
salaries. The annual increase in Gross
National Product directly related to the
new production would be measured in
billions of dollars. Billions more would
flow throughout Alaska's oil -dependent
economy.
But a Wilderness designation over
lands believed to be rich in oil would
Some 25 percent of America's domestic
Production comes from Alaska's North
Slope oil fields. Development of those
fields has impacted less than 8,200 acres
of the North Slope's 56 million acre land
base. Since development began, thelocal
caribou population has multiplied.
virtually eliminate any commercial ac-
tivity on the land, denying Alaska and
the nation the tremendous economic
benefits associated with development
and production of a world -class oil
field. And the opportunity costs will
multiply as time goes on and the low
world oil prices of the late 1980s
become a nostalgic memory.
The ANWR controversy is almost
entirely focused on the Coastal Plain,
an area representing about eight
percent of the refuge. The U.S.
Geological Survey estimates the
Coastal Plain may contain up to 10
billion barrels of recoverable oil, equal
to that found at the giant Prudhoe Bay
field. As much as 25% of America's
(Continued on page 4)
Message from
the Executive
Director
by
Becky L. Gay
Producing for a
consuming world
Alaska's long-term growth and economic diversification will
center around resource exploration and development. Our state has
tremendous potential for the discovery and development of diverse
resources beyond its own needs. These resources can be exported
in various forms, boosting economic diversification and providing
new job opportunities for this and future generations.
The Export Council of Alaska recently recognized Alaska's top
exporters at a banquet in Anchorage. Klukwan Forest Products of
Juneau was named Alaska exporter of the year by Governor Steve
Cowper, in part for its successful marketing of white spruce logs to
Japan. Klukwan exported $71.4 million worth of products last year,
22 percent more than a year earlier. The company also sells timber
to Canada and South Korea. It recently entered into a joint venture
with a Chinese firm for wood product shipments from Alaska.
Klukwan employs more than 350 people at seven Alaska locations
and two Washington sites.
Other top exporters that deserve recognition for their contribu-
tion to our economy include:
Alaska Pulp Corporation, a Iaoanese-owned pulp mill in Sitka,
employs more than 400 people and markets in Asia, Far East and
the USSR. Its 1989 export sales reached $126 million, a 30-year
company record.
Debbie Reinwand
All -Alaskan Seafoods, Inc., employs 500 people and has two
floating processors and a land -based facility in Kodiak. About half of
the company's sales are to foreign markets.
Chugach Alaska Corporation is an Anchorage -based native cor-
poration dealing in seafood and timber products. It has a large,
computerized sawmill that just came into operation in Seward.
Cominco Alaska, Inc., operates the Red Dog Mine project north of
Kotzebue. To be the world's biggest producing zinc mine, it is now
stockpiling mineral ores for future export.
Greatland Exploration/Bering Straits Trading Company has
formed a joint venture with Severovostokzoloto, a Magadon-based
gold mining association, to explore for minerals in Alaska and export
precious metals abroad.
Greens Creek Mining Company is exporting concentrates to
Asian and European smelters from a lead, gold, silver and zinc
deposit near Juneau. It will be the largest silver producer in the U.S.
when at peak production.
Icicle Seafoods, Inc., is a large seafood processor with plants in
Seward, Homer and Petersburg.
Ketchikan Pulp Corporation employs more than 1,000 people and
ships pulp to customers in 18 countries including the USSR.
Koncor Forest Products specializes in marketing low-grade logs
to Japan, Korea, Taiwan, China and Turkey.
Sealaska Corporation, based in Juneau, operates timber and sea-
food operating businesses. This company received the Exporter of
the Year Award in 1989.
Silver Lining Seafoods is a family -owned processor in Petersburg
that prides itself on product quality. It recently acquired Alaskan
Glacier Seafoods.
Usibelli Coal Mine of Healy, founded in 1943, is a family -owned
business that pioneered the international sale of sub -bituminous
coal. Since 1985, Usibelli has been shipping coal via Suneel
Shipping Company to the Korea Electric Power Company. Ship-
ments in 1989 exceeded three million metric tons.
Alaska producers are learning to produce better. These compa-
nies are not only contributing to our economy through the environ-
mentally -sound development of our natural resources, which pro-
vides local jobs and revenues, they are contributing to the quality of
life in other nations by providing products that are in popular
demand.
Debbie Reinwand appointed Deputy Director
Long-time Alaska resident Debbie Reinwand has been appointed Deputy Director of the Resource
Development Council for Alaska, Inc.
Reinwand joined RDC two years ago as its Projects Coordinator, working extensively on resource
development and legislative issues. Prior to her issues work at RDC, Reinwand was an award -winning
political reporter for both The Anchorage Times and the Juneau Empire.
Raised in Fairbanks and Juneau, Reinwand received her B.A. in journalism and political studies
from Whitworth College in Spokane, Washington.
"I am pleased to be able to advance in RDC since coming to the organization in 1988," Reinwand
said. "I have enjoyed working on the important Alaskan economic issues that RDC tackles and I am
impressed with the hardworking membership."
The Resource Development Counci I (RDC) isAlaska's
Vice President ............. .......................
John Forceskie
Resource Review is the official monthly publication of
largest privately funded nonprofit economic develop-
Secretary ...............................................
Easy Gilbreth
the Resource Development Council, Box 100516, An-
ment organization working to develop Alaska's natu-
Treasurer ..........................................
Larry Laughman
chorage, Alaska 99510 — (907) 276-0700. RDC is lo-
ral resources in an orderly manner and to create a
Past President .....................................
Shelby Stastny
cated at 807 G Street, Suite 200, Anchorage.
broad -based, diversified economy while protecting
Staff
Material in the publication may be reprinted without
and enhancing the environment.
Executive Director ..................................
Becky L. Gay
permission provided appropriate credit is given.
Executive Committee Officers
Deputy Director ...............................
Public Relations Director
Debbie Reinwand
Portman
Writer & Editor
President .............................................. Pete Nelson
Vice President ................................Joe Usibelli, Jr.
.......................Carl
Member Services/Admin Asst.........
Kimberly R. Duke
Carl Portman
®®
Staff Assistant .........................................Heather
Hall
Page 2 / RESOURCE REVIEW i April 1990
Utah study exposes cost of Wilderness
AMik Thoughts
from the
President
by
Pete Nelson
Resource development is under constant scrutiny for its impact
on the environment, but seldom considered is the impact of Wilder-
ness designations on our state's economy and its citizens.
In 1980, when Congress passed the Alaska National Interest
Lands Conservation Act, a staggering 104 million acres of the public
domain was withdrawn into conservation system units. Overall,158
million acres in Alaska have been set aside into federal conservation
units. These units comprise 70 percent of America's national parks
and 90 percent of its wildlife refuges.
Alaska contains some 57 million acres of designated Wilder-
ness, 62 percent of all federal Wilderness in the United States.
Millions of additional acres in Alaska are managed for Wilderness
consideration.
Government policies affecting land use in general and Wilder-
ness in particular have led to the continuing withdrawal of giant
amounts of land from many productive multiple uses, leaving
triking implications for resource development, utilities, recreation,
local governments and tourism. Nearly all of these Wilderness
designations have been made without any consideration of the
cumulative social and economic impacts created by such withdraw-
als.
Consider the economic impacts arising from a Wilderness
designation on the Coastal Plain of the Arctic National Wildlife
Refuge. A Wilderness designation would preclude development of
what may be a giant oil field rivaling in size of that discovered at
Prudhoe Bay. The lost economic opportunities would be enormous.
The economic impacts are multiplied as Prudhoe Bay produc-
tion and oil revenues steadily decline throughout this decade.
Approximately 87 percent of Alaska's revenues come directly from
North Slope oil production, but in ten years these revenues will
tumble to a fraction of what they are today as the flow of crude from
Prudhoe Bay plays out.
Unfortunately, revenues derived from new development of the
state's fishing, mining, timber and tourism industries are projected
to fall way short of filling the revenue gap generated by declining oil
production. ANWR is the only project on the horizon that has the
potential to fully sustain Alaska's economy. But a Wilderness
designation would eliminate ANWR's economic contribution and
severely shake Alaska's economic foundation.
In Utah, a recent study shows the effects of proposed Wilder-
ness designations on the state's economy. Compiled by Dr. George
Learning of the Western Economic Analysis Center, the study
reports that a proposal to designate 5.1 million acres of new
Wilderness in Utah would cost the state $13.2 billion a year. Dr.
Learning also calculated the economic impacts of designating fewer
acres as Wilderness.
For example, if all 3.2 million acres under study by the U.S.
Bureau of Land Management in Utah were designated Wilderness,
the state's economy would experience a combined direct and
indirect loss of $9.2 billion each year. Some 93,600 potential and
existing jobs would be lost, resulting in a loss in personal income for
the state's residents of more than $475 million each year. In addition,
the BLM Wilderness would cost the state's businesses over $2
billion annually in direct sales. The state itself would lose more than
$167 million each year in government revenues.
Speaking at the National Wilderness Conference last month in
Salt Lake City, Learning said "there's a tendency of proponents of
Wilderness to say that Wilderness is priceless. It isn't. There's a
price."
Dr. Learning is so correct. Does the public really want to pay the
price of a Wilderness designation in ANWR? Congress ought to
make an informed decision.
Sitka and Craig sue over wetlands proposal
Representing the small Alaska towns of Sitka and Craig, the
Pacific Legal Foundation (PLF) has filed suit against the Environ-
mental Protection Agency (EPA) and the Army Corps of Engineers
(Corps) over the federal government's new wetlands policy.
The restrictive new federal wetlands regulations will make
economic growth in Sitka and Craig extremely difficult since much
of the landmass is wetlands.
The suit challenges the memorandum of agreement (MOA)
signed by the EPA and Corps in February. Issued without an
opportunity for public comment, the MOA established procedures
for permitting the use of wetlands throughout the United States. A
central theme of the MOA is the requirement that there should be "no
st loss" of wetlands, to be achieved by a strict set of rules on
granting land use permits and by requiring wetlands developers to
create new wetlands whenever any wetlands are lost. The MOA
forbids the consideration of the community and societal values of the
proposed project when the Corps or EPA decides whether a permit
should be issued.
Instead the MOA mandates that the permit "shall be based
solely on the values and functions of the aquatic resource." Thus, if
a community must use a wetland to build homes, new facilities or
businesses, the Corps and EPA now must ignore all factors except
the aquatic resources in determining the nature of the permit. In
other words, the impact on jobs, affordable housing, food produc-
tion, and the national deficit are no longer considerations in devel-
oping land use policies.
The City of Craig and the City and Borough of Sitka are two
Alaskan communities which have an abundance of wetlands. In fact,
the topography in both communities is characterized by a predomi-
nance of very steep and rocky slopes and muskeg type wetlands.
Virtually all of the flat land available for building is covered by
wetland, making it impossible for community development to occur
without using wetlands.
The requirement that new wetlands be created to compensate
(Continued page 7)
April 1990 / RESOURCE REVIEW / Page 3
Can the U.S. afford a Wilderness
designation across its most
oustanding oil prospect?
Price is too high considering
lands that would be utilized
(Continued from page 1)
domestic oil production could come
from this tiny sliver of land.
While the issue has been fre-
quently couched as a choice be-
tween oil drilling to help meet the
nation's growing energy needs and
the preservation of Wilderness for
the sake of the environment, studies
show the Coastal Plain can be devel-
oped without significantly affecting
the wildlife and environment. Fed-
eral research and regulatory agen-
cies have concluded ANWR can be
managed as a wildlife habitat with
energy development allowed as a
compatible land use.
According to the Congressional
Office of Technology Assessment, a
full development scenario would di-
rectly affect less than one percent of
the Coastal Plain, leaving millions of
acres of wilderness lands undis-
turbed. In fact, some 92% of ANWR
Evolving
arctic oil
small sliver of Coastal Plain
by oil and gas development
is already off-limits to development. These
closed areas provide a major continuum
of Wilderness thatwould remain untouched
by energy development.
In the wake of the Prince William
Sound oil spill one year ago, Congress
has suspended consideration of allowing
oil drilling on the Coastal Plain or declaring
the remaining eight percent of the refuge
Wilderness. A vote in favor of drilling
would clearly change some habitat, but by
careful avoidance of critical habitat areas
and by taking steps to minimize potential
adverse effects, oil field development
would likely leave little impact on the ref-
uge.
On the other hand, a vote for Wilder-
ness would shut out all energy develop-
ment and expand Alaska's federal Wilder-
ness system by three percent. Alaska
already contains approximately 57 million
acres of designated Wilderness, 62 per-
cent of all federal Wilderness in America.
That's an area larger than the states of
Pennsylvania, New Jersey, West Virginia
PRUDHOE BAY DRILL PAD A — 1970
development
leaves
smaller
footprint -
and Maryland, combined.
Extending ANWR's Wilderness
designations to include the Coastal Plain
could deny the nation up to one -quarter
of its fifuture domestic oil production
from an area less than one -eighth of
one percent of the refuge. It would also
deny the U.S. the opportunity to cut oil
imports by tens of billions of dollars an-
nually.
The increase in Gross National
Product directly related to ANWR pro-
duction would also be forfeited by a
Wilderness designation. The increase
in GNP directly related to Prudhoe Bay
production itself has exceeded $19 bil-
lion in each year since 1980.
Development of a major oil field in
ANWR would also require a multibil-
lion dollar industry investment, boost-
ing economies in all fifty states. From
1980 to 1986, oil companies spent over
$10 billion just to develop new North
Slope oil fields. Every state had a share
of the business. But a Wilderness
CONCEPTUAL ANWR DRILL PAD
_<<,;
(;
The drill pad on the left is designed for 32 production wells.
This pad was built in 1970 and covers 49 acres. The smaller
aad represents a conceptual design of the type of drill site
'hat could be used in ANWR. The smaller pad contains twice
as many wells and covers less than half the acreage. Similar
pads are now in operation in the Kuparuk oil field.
Page 4 / RESOURCE REVIEW / April 1990
designation would preempt new invest-
ments.
In addition, the federal government
would lose an estimated $1.3 billion in
income from the sale of leases and
perhaps much more in production roy-
alties should the Coastal Plain be closed
to drilling.
A Wilderness designation would
also cost the State of Alaska billions of
dollars in lost revenues and opportu-
nity. Oil production is the mainstay of
Alaska's economy, accounting for 87
percent of state government's total
income and 95 percent of its tax reve-
nues. In the private sector, oil and gas
development contributes enormously
to the economy through construction,
purchasing, employment and other
activities.
State oil revenues for fiscal year
1990, ending June 30, are estimated to
be about $2.30 billion, or, 87 percent of
total revenues. However, the giant
Prudhoe Bay oil field has peaked and is
now in decline. In ten years, oil produc-
tion will be a fraction of what it is today,
-�sulting in a sharp fall in state reve-
wes. ANWR development could fill the
revenue gap arising from declining
Prudhoe production.
But if Congress blocks ANWR
development, no oil revenues will flow
from the refuge. State spending for
public services will be far lower. This
could bring sharp cuts to schools, major
increases in local property and sales
taxes and the reimposition of a state
income tax.
"There's a tendency of proponents
of Wilderness to say that Wilderness is
priceless," said Dr. George Leaming of
the Western Economic Analysis Cen-
ter. "It isn't. There is a price."
Forbidding oil drilling in ANWR
would also seriously threaten U.S. en-
ergy and economic security, according
to Stephen P. Chamberlain, Director of
Exploration forthe American Petroleum
Institute.
"An adequate, affordable, secure
supply of energy is fundamental to the
wellbeing of a modern industrial nation
e the United States," Chamberlain
told several hundred people attending
a multiple use land conference, spon-
sored by the Wilderness Impact Re-
search Foundation, in Salt Lake City
last month.
AREA AFFECTED
ANWR 1002 AREAICOASTAL PLAIN BY FULL DEVELOPMENT
s i (e io) (1%)
1002 AREAI
COASTAL PLAIN
If several major oil fields were discovered in ANWR, petroleum operations would affect
fewer than 7,000 acres, less than one -eighth of one percent of the Coastal Plain.
Development would not occur in existing Wilderness areas.
From 1986 to 1988, demand for
foreign oil increased because of both
growing consumption and falling do-
mestic production. But in 1989, U.S. oil
consumption was flat, and imports still
rose by eight percent. Virtually all the
increased imports were needed just to
make up fora one-year loss in domestic
production that exceeded 550,000
barrels a day.
Chamberlain noted that U.S. de-
pendence on foreign oil is increasing
rapidly and dangerously as a result of
decreasing domestic production. But
government policy is making the prob-
lem worse, Chamberlain stressed.
"Although federal lands offer some
of the best prospects for major new
petroleum discoveries, those prospects
are off-limits to exploration."
According to the Department of
Energy, federal onshore and offshore
lands together may contain up to 85
percent of the nation's remaining oil
and 40 percent of its remaining natural
gas. Yet only about 13 percent of the
onshore lands - and a minuscule 2
percent of the offshore lands - are now
under lease for petroleum operations.
Chamberlain pointed out that mo-
ratoria or deferrals of leasing have al-
ready placed off limits almost half of all
federal offshore lands and 40 percent
of those onshore. And proposals cur-
rently before Congress would further
reduce the acreage available for leas-
ing, either temporarily or permanently.
"A major battle will have to be fought
and won if ANWR is not to be put off-
limits permanently before we even know
how much oil may be there," Chamber-
lain said. "If the United States is to
regain control over its energy security,
a sensible, balanced government lands
policy is essential. That policy must
encourage environmentally -responsible
development of America's still plentiful
energy resources."
April 1990 / RESOURCE REVIEW / Page 5
Tongass timber measure under fire
National environmental groups are
using Alaska fishermen to divide the state
by opposing a hard-fought Senate compro-
mise over future use of the Tongass Na-
tional Forest, according to Senator Frank
Murkowski.
"We're trying to maintain a compro-
mise against a bunch of environmentalists
that are trying to divide fishermen and the
logging industry in an attempt to push
through their own agenda," Murkowski said
during a recent press conference in Anchor-
age.
The Senate Energy and Natural Re-
sources Committee unanimously passed a
bill last month reforming logging operations
in the nation's largest national forest. The
measure included an amendment by
Murkowski to prohibit logging in 100-foot
buffer zones along salmon -spawning
streams. Environmentalists prefer a House
proposal that would protect every stream in
the forest with buffer zones.
Environmentalists claim clear cutting
near any stream would clog salmon spawn-
ing grounds further down the watershed
with silt and debris. However, a U.S. Forest
Service study shows that sediment in small
tributaries can settle before reaching salmon
streams, provided buffer zones are ex-
tended from the salmon stream to at least
300 feet up the tributary. Murkowski's
amendment would include those extensions.
Even with the Senate Energy Commit-
tee's unanimous endorserrient of the bill,
the measure faces a rough time on the
Senate floor. If the bill passes, it will then
Harvesting timber from the Tongass National Forest is the economic lifeline of many
Southeast Alaska communities. Some two-thirds of the commercial forest lands in the
Tongass are now closed the logging. New reforms will reduce the timber base even further.
head to a conference committee where
differences between the Senate and House
will be ironed out. Among the differences
that need to be bridged before Congress
passes legislation on the forest are desig-
nation of additional Wilderness areas and
the multi -year timber contracts with the two
major timber companies in Sitka and
Ketchikan.
The House bill, passed last year, calls
for an additional 1.8 million acres of Wilder-
ness in the forest. Some 5.4 million acres
have already been designated Wilderness
and two-thirds of the commercial forest lands
are now off-limits to loggers. The new Wil-
derness proposal would reduce the supply
of timber to an industry that is experiencing
a higher demand for its logs.
The Senate measure would prohibit
logging on 643,000 acres, but would allow
construction of roads and utility lines. In
contrast, the House Wilderness proposal
would eliminate virtually all commercial
humanactivity. The House would also cancel
two 50-year contracts with Louisiana Pa-
cific-Ketchikan and the Alaska Pulp Com-
pany in Sitka. Up to 10,000 jobs in South-
east Alaska would hang in the balance. The
Senate, however, would renegotiate the
contracts.
RDC launches public education campaign
The Resource Development Council for Alaska is launching a
television and print ad campaign designed to drive home the role
Alaska's resources play in modern life.
The 30-second television spot, which began airing earlier this
month, is the first locally -produced video to utilize a new multi -
layered high-tech video concept. The public service announcement
(PSA) represents advance technology in the form of new production
equipment that was recently installed at The Videoplex, as well as
new techniques applied by facility technicians.
The PSA visually dramatizes the wide uses and products
derived from Alaska's primary natural resources —timber, energy,
seafood and minerals. The PSA opens with a father and child
viewing an a picture of a mountain lake. The announcer asks: "What
do resources give us?" The action then moves quickly to images of
dozens of representative resource products.
The RDC's public relations agency, Bradley Public Relations,
tapped into the creative and Technical capabilities of the Videoplex
to develop the final product Editor and creative consultant Dave Hill
of the Videoplex worked closely with Bradley and RDC to develop
the concept of highlighting Alaska's primary resource sectors.
Trisha Allen, account executive with Bradley Public Relations,
said "this PSA is artistic and informative. It provides an excellent
survey of the physical resources of Alaska and it demonstrates the
creative and technical talents available within the state."
Meanwhile, RDC's newspaper ad, scheduled to run for five
weeks in major newspapers across Alaska, drives home the mes-
sage that the quality of life Alaskans enjoy today is largely depend-
ent on resource development.
"A major goal of this campaign is to remind people that most
consumer goods used in modern society, whether it's heat for our
homes or the toilet paper we buy at the market, come from re-
sources," said Becky Gay, Executive Director of RDC. "Many
consumers are losing touch with the fact that production is the other
side of consumption," Gay added. "Everything comes from some-
where. Our natural resources provide the quality of life we enjoy
today, and used wisely, they benefit all of us."
Page 6 / RESOURCE REVIEW / April 1990
Capitol
Concerns
by
Debbie Reinwand
Deputy Director
Juneau action
intensifies as
adjournment nears
Spring has arrived in Alaska's Capital City and with the longer
days and short time before adjournment, the pace has picked up
considerably.
Many bills of interest to RDC members have started to move,
or will do so in the next few weeks as legislators prepare to close
down the 16th Alaska Legislature.
At press time, both houses were attempting to move priority
legislation across to the other body before an April 11 Easter break.
Under heavy discussion has been the proposed Forest Prac-
tices Act revision (SB 317, HB 331), which was redrafted the first
week of April and appears poised to move. (Due to the fact that bills
change daily, it should be noted that all the information relayed in this
column reflects the status of issues as of April 10). There is still
controversy on both sides regarding concessions, and many groups
are not happy with the current product. As amended, the bill
provides for a flat 66-foot buffer on private lands; changes the 200-
foot conditional buffer on public lands to a 100-foot no cut area; and
takes away the application to federal lands.
Major changes have been made to the proposed Susitna
Remote Recreation Area bill (SB 430). A committee substitute
moved from the Community and Regional Affairs committee to the
Senate Resources committee in late March. The new measure
does not set aside a 2 million acre restricted recreation area as the
original bill called for, but instead, recommends that in reviewing the
Susitna Area Plan, the Department of Natural Resources consider
roadless and remote recreation areas in a number of locations in the
Mat -Su Valley. The bill also defines multiple use management of
state lands as a combination that will meet the "present and future
needs" of Alaskans, with latitude for changing the assigned uses as
the needs of the people change. In particular, the bills inserts the
words "remote recreation" and "roadless areas" into the definition of
multiple use now in statute. It is not likely the bill is moving anywhere
this session, but look forthe issue to crop up again in the 17th Alaska
Legislature in 1991.
A bill that would increase the Department of Environmental
Conservation's authority to impose large fines and issue compli-
ance orders in non -emergency situations was the subject of exten-
sive subcommittee review the first week of April. Members of the
House Resources committee worked on HB 409 during a Saturday,
April 7 workshop and were expected to amend the measure before
it moves on. A consortium of different industry groups, including
RDC, have banded together to fight the bill, which as introduced,
would eliminate the due process rights of businesses or individuals
that DEC believes are in violation of state environmental laws.
RDC offered support at Senate Oil and Gas hearings recently
for Governor Steve Cowper's call for quick action ratifying the
Camden Bay lease sale. The sale was thrown into limbo by the
Alaska Supreme Court and lawmakers have worked on legislation
to ensure that the agreement goes forward.
As noted in the March legislative alert enclosed in that month's
Resource Review, RDC members may contact their legislators and
express their views via the Public Opinion Message system at local
Legislative Information Offices. With just a few weeks left, it is
important that legislators hear from their constituents on important
legislation.
RDC members asked to support ANWR funds
The Resource Development Council, as a member of the
Coalition for American Energy Security, urges its members to
support a proposal before the legislature requesting funds {$11
million) for a national political and public relations campaign to open
the Arctic National Wildlife Refuge to oil and gas exploration and
development.
RDC commends Governor Steve Cowper for supporting the
issue with a proposal from the state, but it believes the governor's
proposal doesn't go far enough. The proposed state funding{$1.03
million) is not adequate to accomplish an effective grassroots
campaign in targeted Lower-48 congressional districts.
RDC has been working with the Coalition to develop a compre-
hensive and effective grassroots campaign to educate voters in the
Lower-48 districts on the national importance of opening ANWR to
exploration. The potential return to the state from oil and gas leases
easily justifies the amount requested for the campaign.
Please contact your legislators with a phone call or free public
ipinion message {numbers listed below) and express your strong
support for funding an effective ANWR campaign. THANK YOU!!
LEGISLATIVE INFORMATION OFFICES STATEWIDE - ASK
TO SEND A FREE POM TC YOUR LEGISLATORS, 50 WORDS
OR LESS.
ANCHORAGE
561-7007
KENAI
262-9364
BARROW
852-7111
KETCHIKAN
225-9675
BETHEL
543-3541
KODIAK
486-8116
DELTA JUNCTION 895-4236
KOTZEBUE
442-3880
DILLINGHAM
842-5319
MAT-SU
376-3704
FAIRBANKS
452-4448
NOME
443-5555
GLENNALLEN
822-5588
PETERSBURG
772-3741
JUNEAU
465-4648
SITKA
747-6276
VALDEZ
835-2111
Wetlands... (Continued from page 3)
the loss of existing wetlands is not possible for Craig and Sitka
because they lack any flat upland suitable for conversion into new
wetlands. Beyond Craig and Sitka, the MOA will have a tremendous
impact on other communities and private property owners through-
out the United States. The MOA will be difficult to implement, and will
be an open invitation for federal agencies to engage in rigid and
uncompromising regulation.
Other lawsuits have been filed by the Municipality of Anchor-
age, Doyon Limited, Arctic Slope Regional Corporation, ARCO
Alaska, Inc., and the State of Alaska.
April 1990 / RESOURCE REVIEW / Page 7
Year 0 Leasing Phase
Two names ASCG Risk Management •Permitting
Executone *Radio Telephones -Custom
you can count on,`fts
411111111 Telephone Systems •FacsimileUnits
anytime,
down the lfiie. Exploration Phase • Ye8r2
The time line for a typical Arctic i I ASCG -Mineral
oilfield can take some _ _ _ Resource Assessment • Land
Status -Research • Permitting
unexpected twists and turns. But I • Computer Mapping • Surveying • Exploratory Well Location
the Arctic Slope Consulting • Directional Drilling Analysis
Executone *Radio Telephones- Microwave and
Group and F xecutone of Alaska,
subsidiaries of ASRC, have been � `Satellite Communication •Earth Stations •Custom Telephone
down that road before. - Systems Business Services
Call on the people you can
count on, now or down the `♦
line. �
-o- --
-� --•�� l
Year '`• '
Delineation Drilling Phase - _ - 00
ASCG • Buildings Division • Public Works Division -Hazardous
and Toxic Waste Division
It I Executone -Customized Telephone Systems • Specialized Radio and Microwave- LandSurvey Work with
Satellite Communications • Expense Accounting -Facsimile
1
Year 9 Planning, Design, EIS and Permitting Phase
ASCG • All Divisions, with emphasis on Permitting And Planning Divisions
Executone • Fully operational site communications network
%♦� Construction and Developmental
` ASCG • All Divisions Drilling Phase
Executone • All Services Mentioned Plus- Environmental
Monitoring and Alarm Systems 00 00 00
00
0000
OV
Year 15 0000 -
aft 0__,No
U% ARCTIC SLOPE CONSULTING GROUP, INC.
Engineers a Architects e Scientists • Surveyors
EXECUTONE"ALASKA
A Subsidiary of Arctic Slope Regional Corporation
Production
I
Year 18AIF'
--
-
The Resource Development Council for Alaska, Inc., will celebrate its
15th Anniversary
on
Thursday, May 31, 1990
with a day full of festivities at the Sheraton Anchorage Hotel
The day begins at RDC's Power Breakfast at 7 a.m. with
RDC Board Member and Permanent Fund Board chairman John Kelsey discussing
"The Future of the Permanent Fund"
The evening festivities begin promptly at 6:30 p.m. in the Howard Rock Ballroom of the Sheraton
with no -host cocktails followed by a gourmet dinner
RDC is pleased to present its guest speaker,
Robert O. Anderson
President and CEO, Hondo Oil & Gas Company
and former, Chairman of the Board & CEO
of Atlantic Richfield Company
discussing
"Development in the
Decade of the Environment"
Tickets for the semi -formal event are $50 per person. Tables of 10 are available and dancing will follow dinner and the main
event. Tickets may be purchased in advance. RSVP by fax (276-3887) or phone (276-0700).
RDC will celebrate its 15th year in business by honoring its past presidents at this fun -filled event. Be sure to attend!
.Z7 NFo ' y
�i KENAI PENINSULA BOROUGH
144 N. BINKLEY • SOLDOTNA. ALASKA 99669
PHONE (907) 262-4441
DON GILMAN
MAYOR
TO: City of Kenai, City Council
FROM: Bob Heavilin, Emergency Management Coordinator
DATE: May 1, 1990
SUBJECT: Kenai Peninsula Borough Emergency Planning
Committee Bylaws
Enclosed, for your information, is a copy of the bylaws that
were adopted at the last meeting of the Kenai Peninsula Borough
Emergency Planning Committee. If you have any questions,
please contact me.
BH/nb
BYLAWS FOR THE KENAI PENINSULA BOROUGH
EMERGENCY PLANNING COMMITTEE
WHEREAS, the Superfund Amendments and Reauthorization Act of
1986 (SARA) was enacted by Congress into law on October 17, 1986, and
contains Title III: The Emergency Planning and Community Right -to -Know
Act of 1986.
WHEREAS, Title III establishes requirements that federal, state,
and local governments and industry must implement regarding emergency
planning and community right -to -know reporting on hazardous and toxic
chemicals.
WHEREAS, pursuant to Title III, the Alaska State Emergency
Response Commission (SERC) designated the Kenai Peninsula Borough
(KPB) a local emergency planning district and has appointed a local
emergency planning committee for the Kenai Peninsula Borough, composed
of elected officials, police, fire, first aid, civil defense, public health
professional, and environmental, hospital, and transportation officials, as
well as representatives of facilities subject to the emergency planning
requirements, community groups and the media. This committee has been
named the Kenai Peninsula Borough Emergency Planning Committee (the
Committee).
WHEREAS, the task of the Kenai Peninsula Borough Emergency
Planning Committee is to establish rules, give public notice of its
activities, establish procedures for handling public request for
information and develop an emergency response plan. This plan will be
developed in accordance with the specifications in SARA Title III and will
include but not be limited to the following items:
identify facilities containing and transportation routes for
extremely hazardous substances;
include emergency response procedures;
designate a borough coordinator to implement the plan and register
company -appointed facility representative(s) to participate in the
planning process;
establish emergency notification procedures;
develop methods for determining the occurrence of a release and the
probable affected area and population;
describe community industry emergency equipment and facilities
and identify the person(s) responsible for them;
include evacuation plans;
describe and schedule a training program for emergency response
personnel;
provide methods and schedules for exercising emergency response
plans;
establish public awareness and educational programs.
The Committee must receive opinions and information offered by members
of the public.
The Committee may enter into agreements with other governmental
entities, advisory boards, committees or councils.*
THEREFORE BE IT RESOLVED, to meet these goals the Kenai
Peninsula Borough Emergency Planning Committee has adopted the
following bylaws:
Some of the information contained in the introductory clauses to these
bylaws was obtained from Title Ill Fact Sheet. Emergency Planning and
Community Right -to -Know, Published by the U.S. Environmental Protection
Agency.
2
N
ARTICLE I - ORGANIZATION
Section 1. Name of Committee. The name of the Committee shall
be the "Kenai Peninsula Borough Emergency Planning Committee".
Section 2. Status of Committee. The Committee shall be the
"Kenai Peninsula Borough Emergency Planning Committee".
Section 3. Mailing Address and Telephone Number. The official
mailing address and telephone number of the Committee shall be:
Kenai Peninsula Borough
Office of Emergency Management
144 N. Binkley Street
Soldotna, Alaska 99669
(907) 262-4441
if no answer: (907) 262-4910 or 911
Section 4. Monies and Appropriations. The Committee may receive
and disburse public and private funds for the purpose of implementing the
Emergency Planning and Community Right -to -Know Act of 1989 in the
Kenai Peninsula Borough, Alaska. Such monies shall be to a "separate cost
center" within the Kenai Peninsula Borough budget. All disbursements
will require prior authorization by the Chair by category or specific item.
Periodic financial reports will be made to the Committee as required by
law or requested by the Committee or Committee Chair.
Section 5. Fees. Reasonable fees may be collected for information
provided or services rendered by the Committee. The fees collected shall
be as established or recommended by local, state or federal law,
regulation, guideline or ordinance. In the absence of a recommended or
required fee, the fee shall be determined by the Chair, subject to approval
by the Committee at its next meeting, based on the cost of providing the
information or service.
Section 6. Minutes of Committee Meetings. Accurate minutes of
all of the meetings of the Committee shall be kept in a journal of the
9
Committee, which shall be maintained for such purpose. Accurate minutes
shall include, but not be limited to, a record of all votes of the
Committee, a record of attendance at meetings and a summary of
Committee discussions. A taped record of the complete Committee
meetings and sub -Committees will be kept for a period of three (3) years.
A summary of the minutes of each meeting shall be mailed to each
Committee member subsequent to each Committee meeting.
Section 7. Agenda for Committee Meetings. An agenda of each
Committee meeting shall be mailed or delivered to each Committee
member prior to each Committee meeting.
ARTICLE II - OFFICERS
Section 1. Officers. The Officers of the Committee shall be a
Chair and Vice Chair.
Section 2. Chair. The Chair shall preside at all meetings of the
Committee, be responsible for preserving order and decorum, and submit
recommendations and information as he or she may consider proper
concerning the business, affairs and policies of the Committee. Except as
otherwise authorized by these bylaws or by resolution of the Committee,
the Chair shall sign, or delegate to the Vice Chair the authority to sign
official documents of the Committee. The Chair shall establish or
authorize the Vice Chair to establish any fees collected in accordance
with the Kenai Peninsula Borough fee structure. The Chair shall also
coordinate with the Kenai Peninsula Borough Office of Emergency
Management to insure that an agenda of each Committee meeting is mailed
or delivered as provided by Article I - Section 7.
Section 3. Vice Chair. The Vice Chair shall perform the duties of
the Chair in the absence or incapacity of the Chair. In case of the
resignation or death of the Chair, the Vice Chair shall perform such duties
as are imposed on the Chair until such time as the Committee shall elect a
new Chair. The Vice Chair shall have the authority to sign official
documents of the Committee. The Vice Chair shall insure that any
information gathered by the Committee or submitted pursuant to
requirements established by the Committee is stored at the KPB Office of
El
Emergency Management. The Vice Chair shall coordinate with the KPB
Office of Emergency Management to insure that accurate minutes of the
meetings of the Committee are kept and distributed in the manner
prescribed by Article I - Section 6.
Section 4. Additional Duties. The officers of the Committee shall
perform such other duties and functions as may from time to time be
required by the Committee or by the laws, bylaws or rules and regulations
governing the Committee.
Section 5. Election. The officers shall be elected once each year
at the Annual Meeting from among the members of the Committee and
shall hold office from the annual meeting at which they are elected to the
next annual meeting, or until their successors are elected. The officers
may be reelected and serve consecutive terms.
Section 6. Vacancies. Should the office of Chair or Vice Chair
become vacant, the Committee shall elect a successor from its
membership at the next meeting and such election shall be for the
unexpired term of said office.
Section 7. Additional Personnel. Should funds ever be appropriated
for the Committee for this purpose or for the general use of the
Committee, the Committee may employ such personnel as it deems
necessary to exercise its powers, duties and functions as prescribed by
federal, state and local laws, rules, regulations or guidelines. The
selection and compensation of such personnel shall be determined by the
Committee subject to any applicable laws.
ARTICLE III - MEETINGS
Section 1. Annual Meeting. The annual meeting of the Commission
shall be the first meeting held after October 1 of each year at a time and
location designated in the "Notice of Annual Meeting" mailed or delivered
to each Committee member at least seven (7) days before such meeting.
Election of officers, renomination and nomination shall take place at the
annual meeting, and shall occur in the following order: 1) renomination;
2) nomination; and 3) election. Those who may vote and run for office
5
are all KPB Emergency Planning Committee members.
Section 2. Regular Meetings. Regular meetings of the Committee
shall be subject to the call of the Chair. At least seven (7) days notice of
the meeting shall be provided to all Committee members by mailing or
delivering a written notice to the address provided by the member to the
Committee. The written notice of the regular meeting may be mailed or
delivered with the agenda for the meeting. The news media shall be
informed of meeting dates, times, and places.
Section 3. Special Meetings'. The Chair of the Committee may,
when it is deemed expedient, and shall, upon the written request of at
least two members of the Committee, call a meeting of the Committee for
the purpose of transacting any business of the Committee. The purpose of
the meeting shall be set for in the call of the meeting and the call may be
mailed or delivered to each Committee member and the news media at the
address provided to the Committee at least two (2) weekdays prior to
such meeting. At the special meeting no business shall be considered
except that as designated in the call.
Section 4. Frequency of Regular Meetings. There shall be at least
one (1) regular meeting per year. This requirement may be fulfilled by the
annual meeting.
Section 5. Quorum. The powers of the Committee shall be vested
in the Committee. Fifty percent (50%) of the total voting membership of
the Committee, shall constitute a quorum for the purpose of opening a
meeting. At a meeting, action may be taken pursuant to an affirmative
vote of a majority of all those voting members present, but in no case will
an action be passed with fewer than forty percent (40%) affirmative votes
of the total voting membership.
Section 6. Order of business. At meetings of the Committee the
following shall be the order of business:
1. Welcome and introductions
2. Approval of minutes
3. Approval of agenda
4.
Public comment
5.
Reports of subcommittees
6.
Other business
7.
Public comment
8.
Next meeting
9.
Adjournment
Section 7. Manner of Voting. The voting on all questions coming
before the Committee shall be by yea or nea, or a show of hands, unless
action is taken for a roll call vote on a particular matter. If a roll call
vote is approved, the yeas and nays shall be recorded in the minutes of
such meeting.
Section 8. Manner of Conducting Meetings. The meetings will be
conducted according to Robert's Rules of Order.
Section 9. ParticiR tia 'on by Members of the Public. Members of the
Public are encouraged to attend all regular, special and annual meetings of
the Committee. An opportunity will be provided at each meeting for
members of the public to address the Committee on matters relating to
local emergency preparedness. A member of the public who desires to
address the Committee may mail a written notice of intent to appear to
the Chair at the address found in Article I - Section 3 and then sign in
with the Vice Chair at the time and place of the meeting before the
meeting begins. Members of the public who appear at the meeting and
wish to address the Committee will be allowed to do so without a prior
written notice of intent to appear; however, they will be required to wait
until after any members of the public who have provided written notice of
intent to appear have spoken. Members of the public are also encouraged
to provide written opinions and information to the Committee by mailing
written materials to the Chair at the address found in Article I - Section
3. Members of the public may be recognized by the Chair at any time
during the meeting at the discretion of the Chair. Members of the public
include, but are not limited to, citizens, industry representatives,
experts, expert witnesses and governmental entity representatives.
7
ARTICLE IV - MEMBERSHIP
Section 1. Members. The members of the Committee shall consist
of professionals, environmental, hospital, and transportation
representatives, as well as representatives of facilities located in the
Kenai Peninsula Borough that will be subject to the emergency planning
requirements composed and adopted by the Committee, community groups,
and the media. All members must be appointed by the SERC. The voting
members of the Committee will be those persons so appointed by the
SERC.
Section 2. Term of Membersh�p. All members shall serve until
such time that they resign or a replacement is appointed.
Section 3. Attendance at Meetings. All members of the Committee
are required to attend all meetings unless excused. A Committee member
will be excused from a meeting for good cause and upon notification to the
Chair or Vice Chair.
Section 4. Expuls4og.,, If, at any time, according to the attendance
records located in the Journal of the Committee, a member has not
attended all Committee meetings unless excused, that member shall be
subject to expulsion from the Committee.
Section 5. Alternate Representatives. If a Committee member
will be unable to attend some Committee meetings, approved alternate
representatives may attend for that member.
A. 'Voting members shall be only those persons appointed as
committee members by the SERC.
B. Alternate representatives for voting members may also be
appointed if nominated by the LEPC and appointed by the SERC.
The approved alternate may take part in discussions of the Committee on
behalf of the absent Committee members and shall be allowed to move,
second or vote on any matters before the Committee. The approved
alternate's attendance shall be counted as a present member when it is
A
ARTICLE VII - INVALIDITY OF ANY PART
Section 1. The provisions of these Bylaws for the Kenai Peninsula
Borough Emergency Planning Committee are severable, and if any part
thereof shall be held unconstitutional, or invalid, the same shall not
affect the validity of any remaining portion of these Bylaws for the Kenai
Peninsula Borough Emergency Planning Committee.
ADOPTED BY THE EMERGENCY PLANNING COMMITTEE FOR THE
KENAI PENINSULA BOROUGH, this 5th day of April, 1990.
Keith Laurie
Chair
Steven O'Connor
Vice Chair
10
J
determined whether a quorum is in attendance or as attendance for the
member of the Committee for whom the representative is attending. The
method to approve an alternate is for the Committee member to submit a
letter to the Committee naming the alternate(s) The Committee will
forward these names to the SERC for appointment.
Section 6. Filling Vacancies or Adding New Members. Should
vacancies occur on the Committee, the Committee may recommend persons
to the SERC for appointment. Vacancies which occur on the Committee do
not have to be filled unless, because of the vacancy, the Committee will
no longer meet any relevant local, state or federal requirements. Should
it be deemed necessary to add new members to the Committee, the
procedure shall be the same as for filling vacancies.
ARTICLE V - SUBCOMMITTEES
Section 1. Apgointment of Subcommittees. The Chair may appoint
subcommittees composed of members of the Committee and community to
study and report on matters relevant to the Committee.
ARTICLE VI - AMENDMENTS
Section 1. Amendments
to Bylaws.
The bylaws of the Committee
may be amended by an affirmative vote of
fifty-one percent (51 %) of the
total voting
membership of the Committee.
No vote shall be taken to
amend the
bylaws until
the proposed amendment
has been reduced to
writing and
submitted
to the membership
at least thirty days prior, and
read at the
meeting at
which the proposed
amendment is voted upon.
Section 2. Filing of Bylaws and Amendments to Bylaws. A copy of
the bylaws and any amendments to the bylaws shall be provided to the
Kenai Peninsula Borough Assembly; the KPB clerk, the city clerk for the
cities of Seward, Homer, Seldovia, Soldotna, and Kenai; the State
Emergency Response Commission; and any person who requests a copy or
copies.
9
1�- A/ FO — So'
TO DO LIST
MAY 2, 1990
KENAI CITY COUNCIL
1. J. Ruotsala - Notify Bill Altland of Library Comm.
appointment.
2. J. Ruotsala - Notify Jeff Bellamy of EDC appointment.
3. J. Ruotsala - Advertise in paper for Personnel
Arbitration Bd. members.
4. J. Ruotsala - Schedule work session for May 14, 7:00 PM
to interview Clerk applicants.
a. Serve fruit tray.
b. Copy applications and Clerk's review for each
Councilmember.
5. K. Kornelis - Check on use of shaded plexi-glass for
airport stair cover instead of glass being used now.
6. J. Williams - Send letter of thanks to HEA for
installing banners.
7. J. Williams - Send letter to F&W requesting them to
paint buildings in Old Town for Bicentennial.
8. J. Williams - Contact Leon & Mary Quesnel
re/participation in Hospital Board.
9. J. Ruotsala - Notice of Reconsideration for May 16
meeting - RIP Discussion.
jr �x,
r-0 -
1791-1991
CITY OF KENAI
%Od u0c2,ja4:/,ai 4 4iado6a
210 FIDALGO KENAI, ALASKA 99611
TELEPHONE 283 - 7535
FAX 907.283-3014
CALENDAR O F MEETING S
MONTH OF MAY , 1 <3O O
May 2 City Council
7 Harbor Commission
8 Beautification Committee - 1:30 P.M.
-8 Parks & Recreation Commission - 5:00 P.M.
9 Planning & Zoning Commission
10 Airport Commission
14 *Council on Aging - 1:00 P.M. - Senior Center
16 City Council
17 Economic Development Commission - HEA Conference Room
23 Planning & Zoning Commission
28 Memorial Day Holiday - All City Offices Will Be Closed
* Meeting will be confirmed at a later date.
All meetings are held at 7:00 P.M. in the Council Chambers unless otherwise
indicated.
Janet SumE!y
Deputy City Clerk
jas
Greater Kenai Chamber of Commerce
1
r
W VLL'1L j•. �.
.Y, 4990
ohri.j
P/9/90Mile
;Scott'
,Fire Pre'Ven'
'w/Fire `Safe
15/16/90 •.
Henry Sprin. ger;d� jiiewY
appointed Dir,.. '
re :. Cap Budget
Construction :-'"''
5/23/90
Bill Wade; President'
of ARCO,.Alaska``'
5/30/90�:;::�
Mayor Williams
State of City'Address::.'
NOTE ° Programs
change due to..:r
circumstances beyond
the Chamber's ;control ,
.Z NF 6 - 7
(907) 283-7989
WHAT HAS THE CHAMBER DONE FOR YOU THIS MONTH?
'
On April 3rd, 1990 a number of Chamber
Representatives attended the Kenai
'
Borough Assembly Meeting. We were all
t,
there due to current problems with new t
�'
interpretations of the Sales Tax Ordinance
1p
as it was written 20 . ago ears
Y g
n
( }.
tR Ott
Our group wants to express it's gratitude'"'
to the 14 Assembly Members who were able to
see the negative impact a no vote would
make on ALL non -profits and voted for an
amendment which will buy more time for a
}
committee to study the complicated issue;
which breaks out the separate issues of:
* Non Profit Organizations
* Food and beverage Taxation
* Pull Tabs
Had Assembly Members Sewall, Poindexter,
Hodgins, Moock, McLane, Atkinson, Crawford,
Skogstad, Mullen, Brown, Keene, Nash, Super-
man and Walli voted against this amendment
our current administration would have been
forced to pull ALL non -profit's tax exempt
cards.
PLEASE CONTACT ASSEMBLY MEMBERS AND ASK
THAT A COMMITTEE BE SET UP IMMEDIATELY TO
ADDRESS THE VARIOUS ISSUES OF THIS ORDINANCE
AND ONCE AND FOR ALL COME UP WITH AN AMEND-
MENT WHICH WILL BE EQUITABLE AND BENEFICIAL
FOR EVERYONE CONCERNED.
YAIp&WIV� WAW ,n.. E�oou ww . * �
ji+�/i IN loch wi.rt iv.ry�aRt�t `{, . •
4�XA�9t/ENCE' y�
- ih i�aca ester. 1� si'e.`"
JOB SERVICE has askea us to announce a
May 3rd seminar on "Hiring Youth". Call
Gayle at 283-4304 for information
KENAI MEMORIES
How many of you remember "THE COOK INLET
COURIER"? It's subtitle was "Dedicated
' to the Manifest Destiny of the Cook Inlet
Parts .... The only newspaper in the world
that gives a dam about the Kenai Penisula".
In Vol. 11, No.14, Thursday, November 13,
1969 (sold for 100 there was an interest -
'.WHAT CIS. "GRASS ROOTS" ing article entitled "REFINERY COUNTDOWN":
Those 76 acres of Robin Hood's home-
*
stead are hardly recognizable now.
The Refinery of Tesoro --Alaska
enn yer 'Chairperson
x.. r'•"�` 41
Petroleum Corporation --which sits in the
zpa S. - i;«• �::'.a.`
at,,,! not be °E
middle of those 76 acres, is starting up
.will _;a ,;�:•
errd b `Alaskans but
its automated machinery this week and
ya:•...
�„ r;• „
Legislators
hopes to be producing her capacity of 17500
Fby.0utside
elp;
barrels of petroleum products per day within
however, we ;...
We.I'
a very short time, said Glen Jackson, plant
an.cbntact.our relatives,
-,�• • • -:a
friends;'rbusiness contacts,
manager. There will probably be minimum
�. ..•:
..etc.,with packages which
production within a week or 10 days, he
-TMEY.�can forward to their
explained.
'Legislators.on our behalf.
JP4 fuels and diesel will be produced
t
and marketed in Alaska, said Dewey M. Ray,
With -.an..' 06;my which is
manager of marketing and refinery sales for
;dependent�on oil, now is
Tesoro. Heavy oil will be exported over
.the time to look at new
the Phillips -Marathon pier facility, said
discoveries. eriember,
Ray.
=it takes` '87:10spears to get ;
that oilnto.production
Crude oil will be delivered to the
:AFTER it's `discovered!
`;
plant through Kenai Pipeline Company lines,
_„� •' ,_ .
will be processed and then shipped to
CONTACT yPENNY.DYER FOR,,p.
Anchorage with the facility of Rig Tenders,
YOUR PACKET AND ASSIST
Inc. From there, it will be distributed
IIS IN HELPING OURSELVES!
throughout the State, said Shelby C. Stanley,
Jr., manager of transportation division for
Kenai Bicetntennial -
Tesoro Petroleum Corp.
BINGOMarketing
offices are to be at 1522
EVERY FRIDAY NIGHT
Anchorage Port Road and H. Russell Painter,
;. American Legion Hail
former Anchorage port director, will be the
Cook &Main in Kenai
Alaska district manager of sales and trans -
potation.
The $18 million plant, on which
construction started April 1 of this year,
Grimm & Associates
is now complete and tests are continuing
(907 262-1021
throughout in anticipation of an early start
It's Time....
in production.
Guides & Charter Boat
Operations
"We had good weather and favorable
for your
working conditions, with no work stoppages
Brochures & Cards
of any kind," said Jackson, "which is a
fine record for the contractor, Chemico,
under Chet Broussard, and the community."
When asked how many people would be
employed regularly, Mr. Jackson said that
17 persons will run the refinery. "This
included management," he said. "Only two
:
employees are from out of the State," said
Jackson, "myself and Mark Necessary, the��
plant superintendent." They anticipate
continuing the policy of hiring Alaskans.,
Jackson and Necessary have trained the men
NEW MEMBERS I990
who will operate the plant. All of them
MORE ON THE'WAYl1!!!',
are presently employed there.
Kathleen McCarthy
Mr. Ray said the company plans to
IIdelhoven Oilfield Service ,
erect service stations in Alaska but said
' r
Dan France��
the emblem to watch for has not been
Robert•'& Nancy Blaedorn.
chosen. It probably will follow the theme
-Douglas'& Rebecca Cheesemore :
of .�tesoro �� a Spanish word used exten
-
Cindy Middleton r: ., w'
sively in Texas meaning "treasure", Ray
Mark & Melodie Epperheimer,:
explained.
GLAD TO HAVE YOU '
ABOARD!
May, 1990 UPDATE: Per Ray Measles, Manager
The following foreign interests
Wholesale Supply and Marine Distribution,
have contacted the Chamber, for'
current employee level averages 130 while
- = ••: • .>��:
Local contacts for expo"rt and
daily production has increased to 80,000
"newcomers"
import opportunities: �1XVW
BBLS. Those Glen Jackson and
Mark Necessary are still in Kenai and are
NEW ERA COMMERCIALIENTERPRISES4o
"history".
now part of her43
ATTN:Alexander Collins
ma bo"Av Idu g
Lagos, Nigeria
Tel: 9834568
EUROPEAN ECONOMIC COM[in NITY
ATTN: Kurt Stern '�'6��'"F
32 Sheldon Avenue"
London, England N64JR t
Tel: 081-340 5581 :•. ' - '
Fax: 081 348-1346;q
Call Chamberfor copies of
DON'T FORGET "OUR" BEAR
correspondence from above.
WHAT HAS THE CHAMBER
Donations toward the remaining $4,000 can be
STAFF; AND DIRECTORS DONE
FOR TOU.THIS PAST MONTHS
�4
made out to:
=- ;;x,•
Kenai Chamber. of Commerce/Bear Account.
Ordered and received trash
Thanks to individuals and businesses
bags for SPRING CLEANUP
such as; PENCO, FIRST NATIONAL BANK, VECO,`
(May 19th) .....
KENAI BICENTENNIAL VISITORS AND CONV.
Ordered and built gaming
BUREAU, TESORO, NATIONAL BANK OF ALASKA,
tables for the MONTE CARLO
UNOCAL, RALPH PEDERSON, PENNY & LLOYD DYER,
NIGHT (April 27th)....
MRS. HOWELL, CHEVRON, CAPT. MICK, MAYOR
Corresponded with a multi.
GILMAN, MARVENE SUNDBY, BILL & BARB WEBB,
tude of military groups to
WILLA KONTE, KEY BANK, GEORGE & MARY FORD,
get ready for 4TH OF JULY....
JAMES & MARY HANSON, BISHOP LAKE STUDIO,
KELLY ELECTRIC, TOM WAGONER, PAT O'CONNELL,
Spring Housecleaning....
for their donations which have made what
Answered hundreds of tourist
appeared unattainable, attainable.
inqueries and almost as
If all of you, who have intended to help,
many relocates....
would come forward ... now...maybe we can
Helped our President, Laura
have MONARCH OF THE WILD paid for by the
Measles wait for her new
Fourth of July, 1990!
GRANDDAUGHTER!
ACTIVE COMMITTEES WHICH ARE OPEN TO
INCREASED PARTICIPATION BY MEMBERS:
SPECIAL EVENTS: Willa Konte, Chair
2.83-4851
COMMUNITY ISSUES: Ed Garnett
Chair, 283-5353
ANWR GRASS ROOTS: Penny Dyer, Chair
i s t�Af
283-9309 - . '::,•.y. �,:
jj t ntt .;?r.�' •.�yf'i
NEWCOMERS COFFEE: Pauline Goecke ands{+ 1990 BOARD CIF DIRECTORS
Dr. Culbertson, Co- 'President::;LauraMeasles F +Y
Chairs (call Cabin ..,Vice-President..`Walt :Craycroft f ,...
for assignment)'res;: Elect Bill ;Coghilly
t*Secy/Treas::: °.- :Henry Penney:°
4TH OF JULY ACTIVITIES: Sue Carter Past President.°.Ron `4Rainey"
and Art McComse i , }'` :'Peggy Arness
y Director �c''�
Co -Chairs, 283-1991 Director, Jeff Belluominf
'Director::" Bill Brighton
BOARDWALK: Walt Craycroft and Bill "Director JMike Dyer fK fi-
Nelson �; Director .S^`;'"";Ed Garnett
Craycroft: 283-3949 `X Director"� �y 'Dick Hultberg
Nelsons 283-3583 ::Director BV Wi1Ia Ronte
Director : ,,,," .. Art McComsey
THANKYOUTHANKYOUTHANKYOUTHANKYOUTHANKYOU nE
w Director,;r U Bill Nelson °
Director.`, Louis Schilling
ROTARY for your beautiful bouquet of roses. w�:
KCHS and JR. HIGH for art work donated to Director:•, Steve Wiese
our upcoming Monte Carlo Night. Director r,`.; Tim Wisniewski {
Director :>'_ ` Tom Wagoner
NEXT BIG PROJECT: BOARDWALK `Director + Jerry Wortham as
Numbered Goose Pins are still available
at the Chamber Cabin. The pin can be Staff t�
YOUR contribution to this major local Director... .."Ann Curtis ?
project. �Assistant....... Eleanor Thomson ;
Director, Bill Nelson is reviewing the $ADDRESS402 Overland r
file on this project and will be work- PHONE•„;.. V`�-aKenai, Alas-7ka 99611 x_ j
907) 283989
ing with other Boardmembers and interested �
parties to set up schedules and dates for 0
completion. xl $Y3<,=
Greater Kenai Chamber of Commerce . BULK RATE
402 Overland U.S. POSTAGE
Kenai, Alaska 99611 PAID
- ?_ -- KENAI, AK 99611
Permit No. 12
Pre -Sort
JIM AND JANET RUOTSALA
36976 CHINULNA COURT
KENAI, AK 99611
Greater Kenai
Chamber_
of Commerce
Sunday 'londay
Kenai Chamber of Commerce
402 Overland
Kenai, Alaska 99611
(907) 283-70,89
i; Nay 1990 1
Tuesday Wednesday Thursday
Frid-iy
LOYALTY [►AY CHAMBER MTG. JOB SERVICE
7.30 am.
King Oscar's Seminar on
Executive
12 Noon Youth Hiring
e0ard Mtg.
9.30 am.
Uptown Motel
John Lindauer
Chamber Board
Student Govern.
Mtg 12 Goon
Dag.
king Oscar's
BICENTENNIAL
CHAMBER MTG.
MTG.
King Oscar's
King Oscar's
12 I -loon
1 1 .30 am
Scott Walden
SCHOOL BOARD
Kenai Fire Dept.
IITG.
Fire Prevention
Program.
1
'ALL IANGE MTG.
CHAP16ER MTG.
MOTHER'S DAY
King Oscar'.
King Oscar's
1 1 .y5 am
12 Noon
Henry Springer
AGC.
Capital Budget/
r•.
4
®
Poppy Day
Presen./VFW.
FEN. AUTO FAIR
BICENTENNIAL
CHAIISER MTG.
Cent. Pen. Sports
MTG.
King Oscar's
Center
King Oscar's
12 Noon
1 1 .30 am.
AN. A.
Bill Wade
jAnnua] Mtg
SCHOOLE.OARD
Arco AV.
r-ITC).
yj
KCHS.
':Bac4a1aureate
! Ego }
Sul
�CHAf-)BER.
MTG.
MEMORIAL
King Oscar's
DAY
12 Noon
i
i
Magor '„'iIhams
t
"State of the City
Address"
Chamber Board
Mtg.
King Oscar's
12 Noon
Saturday
fll
NO BOARD MTG. CLEAN UP
DAY
1---B)
PEN AUTO FAIR
Cen. Pen. Spirts
Center
. Senior Center 4
Chamber Board radon Show
Mtg.
Kind Oscar's
Kenai Central
HI9h School
Graduation
2 ej 19 A
MISS ALASKA
DAYS.
Sd30 -Gl9
Created with CaiendarMaker'" by CE :software, 11 `-224-193!5
s
,=NFO-g
-WEnai Community _Zd Tait y
A PUBLIC LIBRARY IN SERVICE SINCE 1949
BOX 157
KENAI, ALASKA 99611
REPORT FOR THE MONTH OF APRIL 1990
Circulation Adult Juvenile Easy Books
Fiction 1103 289 862
Non. -fiction 1960 254 160
Total Book Circulation
Films, Phonodiscs, Pamphlets, Periodicals
Total Circulation
Additions Adult Juvenile Easy Books AV
Gifts 32 4 6 —
Purchases 118 4 8 17
Total Additions
Interlibrary Loans Ordered Received Returned
Books 30 41 29
Films 19 19 19
Interlibrary Loans by our Library Books 74
4628
832
5460
42
147
189
Volunteers Number .. 19 Total Hours .. 391
Income
Fines and Sale Books 766.56
Lost or Damaged Books 19.50
Xerox 450.50
Total Income for April 1990 .. $1,236.56
Wenai Commanity - i&azy
A PUBLIC LIBRARY IN SERVICE SINCE 1949
163 MAIN STREET LOOP
KENAI, ALASKA 99611
Library Cards issued April 1990
Kenai
94
Kasilof
3
Ninilchik
2
Nikiski
22
Soldotna
46
Sterling
5
Out of State
3
175
Library Patronage .. 6,751 Persons
rNPo-9
DATE: May 7, 1990
a
FROM: I Disabled American Veterans
TO: C:4 al
RE: Pull -Tab Locations Notification
Please note the highlighted locations on our list as they may
fall within your jurisdiction. There may have been addition
and/or deletions since our last notification mail out.
This is our continuing effort to keep you informed of our
fundraising efforts in your local. It is our intent to work
with you. As any other changes occur, we will give notification.
PER4I= PULL -TAB 1L.J=C \TS _..
DIVISION OF OC CUPATIO-"AL LICENSING — - -- a- - -
DISA= AME}ZICAN VETERANS
Name ofBusiness /Facility Physical Address Phone No. Contact, w
Big Al's P.O. Box 649 262-4216 Alton Priest
Kasiloff, AK 99610
Bishop Creek
Mile 25 N. Kena-W
776-6216
Linda
Kenai, AK 99611
776-8514
Laut_Piridae
Blue Grouse
Ric hard CDcFer _
Mile 17.5 North R3.
283-4281
Kenai, AK 99611
283-4233
"
D.J. Wheelhocise
215 Fburth Avenue
224-5536
Doris Corcoran
Seward, AK 99664
Dreamland Bowl
Kim Kowalski
202 Fifth Avenue
224-3544
Seward, AK 99664
Duck Inn
Mile 19.5 K-BeachRdl
Dan
Kenai, AK 99611
Eadies
3.5 Spur Hwy.
283-3889
Ethel Henderson
Kenai, AK 99611
Fbrelands Bar
Mile 20 Kenai Spur
776-9987
Pon & imse Kiel
Kasiloff, AK 99616
-heat northern Video
Nikiski Mall -
776-8823
Wilma so_n------_---_.---- -- -
�
Nikiski, AK 99635
-
Inlet View -
Jerry Maddox-----
Mile 135 Sterling
567-3337
_._ .
Ninilchik, AK
r -
- Katmai Hotel
10800 Kenai Spur Rd
283-6161
-
Jiro Si.ngree
Kenai, AK 99611
Larry' s Club 112656
Srur Rd .
283-9935
Nikiski, AK 99635 -
1283-4463
jDave
Little Ski-im' s
lRon Yamam to
Spur R-Y.
Kenai, AK 99611
Longmere Liquor Mile 88.5 Sterling 262-1568 John Cho
Soldo},na, AK 99669
Maverick Club 44698 Sterling Hwy 262-7979 Janet
Scidorna, AK 99669
PLEASE RE TVF�: TO:
Division. of Occupational Licensing
Gaming Section
P.O. Box D-LIC
-- — — ----,Juneau, --AK 99811-OSM - ---- - - --
Attention: Kelcy Parsons, Licensing Examiner
TKklu< YOU!
FEIMI= PULL -TAB 1k)CkTI9vS
DIVISION' OF OCCUPATIQNAL LICENSING
GAMING SDCT 0U
DISABLED AMERICAN VEIL ��
Bane of Business Faciity Physical Address Fnone No. Oontact
Moose Pass Inn
Mile 30 Seward Hyw.
288-3110
Linda Sherrill
-_
Moose -PasS,AK 99631
__
-New Surd Saloon -
Brad Snowden
217 Fifth Avenue
224-3095 .
-- -- -
Seward, AK 99664
'Sue--
__ _--,•_Dtight.atc h
MicY.ie Copeland
Mile 96 Sterling -Hw
262-7020
� . i -
Soldotna, AK 99669 -
:RustyJory
North Bar~
Darl - _
Y-
ling
Mile 132 Sterling
567-3442
_
_
Ninilchik, AK 99639
Parkers
Tack Lee
36185 Kenai. Spur W
262-4670
Soldotna, AK 99669
The Pit Bar _. __
Dennis - - ----
Mile 3.5 Seward Hay
224-3006
Seward, AK 99664
Kowalski
Pizza Nicks
Nick Bairanu s
565 E. Pioneer
235-6921
__.
Honer, AK 99603
--- - - . ----
Pizza Pete"s
35433 Kenai Spur Hw
262-5306
Art & Angela
The Place Mort.el & -Bar
Soldotna, AK
ArcrsrC'11os
John Young - -- - .. -• -
Mile 18 North Pd.
283-9915
Kenai, AK 99611
-
Ray' s Waterfront
Small Boat Ba_* bor
224-5606
Ray S:L-7ot is -
_:_
Seward, AK 99664
1>obinson's Mini Mart
50535Ka1foriski Bch
283-9384
George----
_.___ _ ..._..._.__•
Kenai, AK 99669--
_- arStop Grocery
Ir�
347.70.K-Beach .Rd- __
262-5112 _
Soldotna, AK 99669
-
Short Sty Mkt '& Liquor
Corriie _ _ -
Mile 1.6 Nash Pd.
223-8775
_
Seward, -AK 99664"-
Soldotna Inn __ _..
Michael Sipes -r
35041 Spur 11q.
262-9169
Soldotna, AK 99669
�
Speedy Nast _._ _. ____ ____ ___. _.
_
Myron
Mile 26 -12 .Spur Bw
776-8283
Nikiski, AK 99635
Christianson
Vaugha.ns's Mini
Mart
Vaughan
Mile 18.5 Kalfonski
262-4252
Soldotna, AK 99669
-
Video Nortli
Paul V-&dte
Mile 101 Rich Hwy.
822-5556
Gle_-mallen, AK
_
TV
1116 Kenai Spur R3. 283-5446
_
Mike Med
Kennai, AK 99611
PLEASE RE= TO:
Division of Occupational Licensing
Garaing Section
P.O. Box D-LIC
Juneau, AK 99811-OBW
_
Attention: Kelcy Parsons, Licensing E=u ner
THANK YOU!
XNF-o-16
KENAI PENINSULA BOROUGH
REGULAR ASSEMBLY MEETING
May 15, 1990; 7:30 p.m.
Borough Administration Building
Soldotna, Alaska
- A G E N D A-
A. CALL TO ORDER
B. PLEDGE OF ALLEGIANCE
C. INVOCATION: Rev. Ken Hepner, United Methodist
Church, Soldotna
D. ROLL CALL
E. VACANCY, DESIGNATION OR SEATING OF ASSEMBLYMEMBERS
F. APPROVAL OF MINUTES: May 1, 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) � o
H. REPORTS OF COMMISSIONS AND COUNCILS
I. MOTIONS TO RECONSIDER n5� �`� r
J. AGENDA APPROVAL AND CONSENT AGENDA op ";-fir '� '.,
(a) Res. 90-50 "Authorizing the Mayor to Aw ` �. j,
Contracts for Landscape Maintenance ��,^"; /
Various Schools and Facilities" (Mayor) i
ti�
(b) Res. 90-51 "Granting Temporary Use of Borough
Lands for Storage of Materials, Authorizing
the Right to Enter on Borough Lands, Granting
an Easement for Construction of an Under-
ground Pipeline and Granting Access to and
Across Borough Lands to Marathon Oil Company"
(Mayor)
(c) Confirmation of New Department Head for Nik-
siki Fire Service Area
K. ORDINANCE HEARINGS
(a) Ord. 90-30 "Appropriating Funds for the Con-
struction of the CT -Scan Addition to the
Central Peninsula General Hospital" (Mayor)
(b) 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)
(c) Ord. 90-32 "Providing for Non-Areawide Promo-
tion of the Kenai Peninsula Borough as a Des-
tination for Tourism" (McLane/Brown/Glick)
(d) Ord. 90-35 "Appropriating $45,000 from the
Central Kenai Peninsula Road Maintenance
Service Area Fund Balance to Repairs and
Maintenance Account" (Mayor, Req. CKPRMSA)
(e) Ord. 90-37 "Increasing the Available Ap-
propriation for the School District for Fis-
cal Year 1989/90 by $756,581"
L. INTRODUCTION OF ORDINANCES
(a) Ord. 90-36 "Raising the Mill Rate Cap of the
Central Peninsula Emergency Medical Service
Area from 1 Mill to 1.5 Mills, and Providing
for a Ballot Proposition for Voter Ratifica-
tion of the Increase" (Mayor, Reg. CPEMSA)
(b) Ord. 90-38 "Amending Section 20.16.150 of the
Borough Code of Ordinances So that All
Parties Holding an Interest to the Title of
Land Proposed for Subdivision Shall Sign the
Plat" (Mayor)
(c) Ord. 90-39 "Approving Minor Amendments to the
Kenai Peninsula Borough Coastal Management
Program" (Mayor)
(d) Ord. 90-40 "Changing the Boundaries of the
Ridgeway/Sterling Fire Service Area" (Mayor,
Req. R/SFSA)
M. CONSIDERATION OF RESOLUTIONS
(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"
(Hodgins)
(b) 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) POSTPONED TO 5/15
(c) Res. 90-43 "Authorizing an Expenditure of
$2,000 from the Assembly Dues and Subscrip-
tions Account for Membership in OEKOS"
(Brown) POSTPONED TO 5/15
(d) Res. 90-46 "Providing for Ballot Propositions
to Approve the Levy of Taxes for Road Main-
tenance Purposes By the Central Kenai Penin-
sula Road Maintenance Service Area, East
Kenai Peninsula Road Maintenance Service
Area, North Kenai Peninsula Road Maintenance
Service Area, and South Kenai Peninsula Road
Maintenance Service Area" (Mayor, Reg. SA's)
(e) Rea. 90-52 "Authorizing the Mayor to Award a
Contract for the Central Peninsula General
Hospital CT -Scan Addition" (Mayor)
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, Reg. Task Force) TABLED
0. FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON SUB-
JECTS NOT ON THE MEETING AGENDA
{a) Kenai Peninsula Chapter, Alaska Visitor's
Association
P. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS
Q. MAYOR'S REPORT
R. OTHER BUSINESS
S_ ASSEMBLY AND MAYOR'S COMMENTS
T. INFORMATIONAL MATERIALS AND REPORTS
U. NOTICE OF NEXT MEETING AND ADJOURNMENT (6/5/90)
KSMAI PEMIMSUIJI BOROUGM ASSEMBLY COMMITTEES May 15, 1990
STANDING COMMITTEES:
TEMPORARY OR OTRLR:
DATA PROCESSING STEERING
FINANCE 5:00 P.M.
Mark Hodgins, As". Rep.
Franc" Bry"r Coaf. Rm. A
AX. COASTAL POLICY CHCL.
Jonathan Sewall, Chairman
John Crawford, Assm. Rep.
Phil Mash, Vice Chairman
Betty Glick, Alternate
Brantley Keene
COOK INLET ApUACULTURE
Pat O'Connell
Brantley Keane, Assm. Rep.
Betty Glick
Frank Mullen, Alaternate
LOCAL AFFAIRS/LANDSCMT. 4:00
P.M. SALES TAX TASK FORCE
Frances erymer Conf. Re B
Jonathan Sw411/Skogstad
Charlie Brown
Jack Brown, Chairman
Charles Obeadorf
John Crawford, Vice Chair.
Pat Vincent
Sharon Moock
Rick Gifford
Gary Supermen
John Crawford
Al Poindexter
Frank Mullen
KENAI CAUCUS
Betty Glick, Asam. Rep.
PUBLIC MORKS/FOUL. CARTE. 5:00
P.M.
Conf •rence Room C (Civil Defense)
POLICIES AND PROCEDURES
Sam McLane, Chairman
Phil Nash, Chairman
Sharon Moock, Vice Chair.
Marie W411i
Marie Walli
James Skogstad
Tom Atkinson
Betty Glick
Mark Bodgine
Gary superman
LOCAL EHERG. RESPONSE CARTE.
LEGISLATIVE CARTE. 3:00 P.M.
Jonathan Sewall
Francis Brymor Coat. RE. A
Brantley Keens
John Crawford, Chairman
KPEA HEALTH PLNG. CMTE.
Pat O'Connell
Jonathan Sewall
Betty Glick
Frank Mullen
SOLID WASTE CHTE.
Jack grown
Pat O'Connell, Chairman
Sam McLane
y
Gary Superman
Tom Atkinson
Jonathan Sewall
Al Poindexter
KENAI PEN. COLLEGE BOARD
Sharon Moock, Assm. Rep.
EDD: Hodgins, Moock
The public is invited to
attend and address committee meet-
ings.
Patition■ received by the
Clerk's Office will not be dupli-
cated in the packet, but will
be available in the Clerk's Office
during reqular office hour•
or at the Clerk's desk during As-
sembly Meetings, for review.
SUBSTITUTE INFORMATION 11
1791-1991
CITY OF KENAI
210 FIDALGO KENAI, ALASKA 99611
TELEPHONE 283-7535
FAX 907-283-3014
Will' J. ighton - date
5/14/90
KENAI HARBOR RATE SCHEDULE
The City Manager shall establish the fees, rates, and charges for
the billing and collections for the support of the harbor. The
City Manager reserves the right to change the rate schedule at any
time.
RATE SCHEDULE SUMMARY
1) Product wharfage (Non -lessee)
(w/o fork lift . . . . . . . . . . . . $ 0. 06/lb.
Non -product wharfage (Non -lessee)
(Ice, nets, staples, etc.) . . . . . . 0.03/lb.
2) Fuel - Gasoline. . . . . . . . . . Regular . 1.258
Fed. Tax . .091
State Tax . .050
Total . 1.399
- Diesel . . . . . . . . . . . . . . #2 . 1.149
Fed. Tax . .000
State Tax . .050
Total . 1.199
3)
Repair grid . . . .
. . . . . . . . . . . .
50.00/Tide
4)
Septic tank dumping
A) 0-50 gal = . . . .
5.00
B) 51-100 gal= . . . .
10.00
C) 100 + . . . . . . .
0.10/gal.
5)
Boat Launch Ramp .
. . . . . . . . . . 0-5
min. = 0
5+
min. = 1.00/min.
6)
Tie Up Fee (Skiffs) .
. . . . . . . . . . . .
1.00/day
7)
Fork Lift w/Operator
(1/2 hr. minimum) . . .
50.00/Hr.
8)
Equipment rental - Hot Pressure Washer .
40.00/hr.
9)
Equipment rental - Battery Charger/Starter
12.00/hr.
10) City Labor Charges (for call out, 2 hr. min) 30.00/hr.
11) Other items . . . . . . . . . . . . . . . See Dock Manager
Prior To Use
17:
CITY 6r RtNAI
%Od eapila� 4 #44""11
210 FIDALGO KENAI, ALASKA 99611
TELEPHONE 263 - 7535
FAX 907-283-3014
5/14/90
KENAI HARBOR RATE SCHEDULE
The City Manager shall establish the fees, rates, and charges for
the billing and collections for the support of the harbor. The
City Manager reserves the right to change the rate schedule at any
time.
RATE SCHEDULE SUMMARY
1) Product wharfage (Non -lessee)
(w/o
fork lift
. . . . . .
. . . . . .$
0.06/lb.
Nora -product
wharfage
(Non -lessee)
Ice,
nets, staples, etc.)
. . . . . .
0.03/lb.
2)
Fuel - Gasoline.
. .
. . . . . .
. Regular
1.258
Fed. Tax
.091
State Tax
.050
Total
1.399
- Diesel . . . .
. . . . . .
. . . . #2
1.174
Fed. Tax
.151
State Tax
.050
Total
1.375
3)
Repair grid
. . . .
. . . . . .
. . . . . .
50.00/Tide
4)
Septic tank
dumping
A) 0-50 gal
= . . . .
5.00
B) 51-100 gal=
. . . .
10.00
C) 100 + .
. . . . . .
0.10/gal.
5)
Boat Launch
Ramp .
. . . . . .
. . . . 0-5
min. = 0
5+ min. = 1.00/min.
6) Tie Up Fee (Skiffs) . . . . . . . . . . . . . 1.00/day
7) Fork Lift w/Operator (1/2 hr. minimum) . . . 50.00/Hr.
8) Equipment rental - Hot Pressure Washer . . . 40.00/hr.
9) Equipment rental - Battery Charger/Starter 12.00/hr.
10) City Labor Charges (for call out, 2 hr. min) 30.00/hr.
11) Other items . . . . . . . . . . . . . . . See Dock Manager
Prior To Use
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ADULT
Dil!111111 RE
Fotict-Mc-Not Sisiot Cite 1104 Missios Ale, Ketsi, Af ids 99611
hose:183-7194 Hosts; 7;30AM - 4:00FM Mosul thins Ft 61
7
Exercise
City & Girl
Game
Cookie Bake
Current Events
I4
Exercise
Triplets
Bread Bake
Current Events
I
Exercise
Green & White
Quiz
Reading Time
Current Events
TUESDAY
Beauty Shop
Reading Time
Paddle Ball
Bingo
8
Beauty Shop
Reading Time
Paddle Ball
/5
Beauty Shop
Reading Time
Paddle Ball
ZZ
Beauty Shop
Reading Time
Paddle Ball
2?
Beauty Shop
Reading Time
Paddle Ball
VI
WEDNESDAY
Exercise
CR Game
Farm Slides
Sing -a -Long
Bingo
Exercise
ABC of Flowers
Lets Talk Seeds
Reading Time
Bingo
Exercise
Red, White, &
Blue Quiz
"Hobbies"
Bingo
23
Exercise
Things that
Auto Slide S
Sing -a -Long
Bingo
30
Exercise
"SH" Game
Birthday Party
Birthday Slide
21
Exercise
Adjective Game
Arts/Crafts
Rhythm Band
Movie
Exercise
Dbl Ltr Game I
Arts/Crafts
Reading Time
Rhythm Band
Bingo
Exercise
Dbl LL Game
Flower Arrang.
Carnival
Exercise
Mother Game
Arts/Crafts
Rhythm Band
Movie
3 ,Exercise
Black & Brown
Quiz
Arts -Crafts
Rhythm Band
Y
Exercise
Double Ltr Game
Lunch out for
Cinco de Mayo
Bingo
Exercise
Mothers Day @
Senior Center
Walk in Mall
Bingo
Exercise
Go-Togethers
Movie
Bingo
).
Exercise
Zodiac Game
Bean Bag Toss
Reading Time
Bingo
Lw%
1I
ADULT
DAY CARE
OR
Fotpt-Me-Not Stsiot Cite 1104 Mission Ave, DWI Af itsh 99611
Phone; 283-7194 Hosts; 7,30AM - 4:00PM Mnisy Atos(fi Nigi
MIKJII�
Exercise
"PA" Game
Cookie Bake
Current Events
Exercise
"ABC" Somethin
to Wear
Current Events
/ Exercise
"BA" Game II
Cookie Bake
Reading Time
Current Evnts.
425
Exercise
ABC of Twins
Bread Bake
Current Events
Beauty Shop
Reading Time
Paddle Ball
Sauty Shop
Reading time
Paddle Ball
l Beauty Shop
Reading Time
Exercise
02to
Beauty Shop
REading Time
Paddle Ball
Y -- THURSDAY'
10 Exercise
"SS" Game I
"Vacations"
Reading Time
Bingo
IS
Exercise
"PAR" Game
"Summer"
Reading Time
Summer sing
Bingo
"`Exercise
"SS" Game II
"Mountains"
Reading Time
Bingo
.7
Exercise
"PRO" Game
Shuffle Board
Bingo
7 Exercise
Color & Song
Titles
Reading Time
Famous Sayings
Movie
14Exercise
"BA" game I
Arts/Crafts
Reading Time
Rhythm Band
Movie
Exercise
"00" Game I
Arts/Crafts
Reading Time
Rhythm Band
Movie
a?
Exercise
"00" Game .II
Arts/Crafts
Rhythm Band
Movie
Y
Exercise
Ruby's Hop -a -Lori
B'day Party
Reading Time
Bingo
Exercise
Last Name Game
Puzzles
Reading Time
Bingo
15
Exercise
Cohoe Cove for
Lunch
Walk around Par
Exercise
Familiar Songs
Shuffle Board
Reading Time
Bingo
Exercise
Abbreviations o
States
Bean Bag Toss
Bingo
COORDINATOR"S COMMENTS
Every once in a while in our lives we come
across something that is not easy for us
to do; writing this newsletter is it for
me this month. This is the last
newsletter I will be writing as I am
leaving this position at the end of May
and will be moving to Anchorage.
The past 9-months have been exciting ones
for all of us at Forget -Me -Not. We have
been growing and renewing our program to
expand our services offered to
participants. There have been so many
tasks accomplished that it would be
difficult to list them all, but what has
been done shows in the quality of our
services. The staff has worked hard over
the past few months to make this day care
an important part of our community.
For myself, I have enjoyed the time I have
spent here. I have learned a lot about
the elderly and how I will approach my own
senior years. It has been a growing
experience and I hope that I have been of
benefit to this program.
I sincerely hope that those of you in our
community who care about the quality of
life for seniors will reach out to this
program and help it grow and expand. Your
help is always needed. Thanks to everyone
who made my time here so special.
onda L. Webb
ogram Coordinator
DAILY ACTIVITIES 9��5\
* Coffee Klatch
* Exercise
* Group Activity
* Open Activity
* Lunch
* Devotional
Group Activity
* Bingo
LOUISE'S CORNER
May and June will be very busy months. We
are planning lots of field trips and side
trips around town. We have three
birthdays coming in May and June and we
will have a grand time celebrating them!
Slide shows and sing -a -longs are on the
agenda along with snacks to fit the
occasion like homemade ice cream,
lemonade, and popcorn.
Here's hoping the sun keeps shining and
the mountain doesn't blow!!!
One meets his destiny often in the road he
takes to avoid it!
Till Next Time.......
Love,
a
Cf6ul_��
Louise V. Earle
Activities Specialist
NEW LOOK....
Our newsletter is taking on a little
different look. Instead of coming_ out
every month, we will try every other
month. We will still have much of the
same information to keep you up-to-date on
special happenings.
Our goal is to give you quality
information and also to save a little in
the postage department. If there is
something you need to know that is not
covered in our newsletter, please do not
hesitatge to call me.
p
ay
HAPPENINGS THIS MONTH
In the Month of May....
THE FLOWER .......... Lily of the Valley
THE STONE ........... Emerald
May is Mental lealth Month
Foot Health Month
Better -Sleep Month
National Arthritis Month
High Blood Pressure Month
Older Americans Month
May 6-12 Be Kind to Animals Week
National Family Week
National Hospital Week
13-19 National Nursing Home Week
Astronomy Week
Police Week
20-26 Public. Relations Week
World Trade Week
May 1
May Day
3
National
Day of Prayer
6
National
Nurse's Day
8
V-E Day
13
Mothers
Day
18
Nationa'!
Defense Transportation
Day
19
Armed Forces
Day
28
Memorial!
Day
HAPPENINGS NEXT MONTH
In the Month of June....
THE FLOWER.............Rose
THE STONE..............Moonstone or Pearl
June is National Adopt a Cat Month
National Rose Month
National Tennis Month
National Pest Control Month
Dairy Month
June 3-9 National Safe Boating_ Week
10-16 National Flag Week
June 2 Celebrate Ruby's 97th B'Day
3 F.;mily Day
14 Flao Day
17 F..�tt,ers Day /
21 First Day of Summer
CAREGIVERS SUPPORT GROUP
The next Caregivers Support Group i
planned for May 15, 1990, at noon here
the Center. I am hoping that everyone can
attend. Since this will be my last meeting
with you, I would like to spend time with
you discussing where the program is, where
it may be going in the near future, and
what each of you can expect to happen in
the next few months.
Please plan on attending this meeting.
FOOTNOTES
* Cinco de Mayo lunch on May 4, 1990,
at Italian Gardens. Cost is $6.00
per person. If familes would like
to attend, please let me know by
Thursday.
* Carnival on May 17, 1990. If you
have not returned the permission
slip, please do so soon.
NEW EMPLOYE
Our part-time Activity Aide, Anna Steik,
had to leave for personal reasons and her
position has been filled by Vicky Adamson.
Vicky's first day will be May 1. We are
looking forward to having her on staff and
hope you will stop by to get acquainted,.
�U`le
Mon. Tue. Wed.
7
FRENCH TOAST
PANCAKES
SAUSAGE
MIXED FRUIT
TOMATO JUICE
14
SALMON PATTIES
BAKED BEANS
TOSSED SALAD
HOT ROLL
RHURBARB CRISP
21
PEPPER STEAK
MASHED
POTATOES
PEAS
HOT ROLL
DESSERT
28
EGGS
BAKED HASH
PANCAKES
SAUSAGE OR
BACON
MELON CUP
CRANBERRY JU.
1
MACARONI/CHEESE
SPINACH SAL.
PEAS
HOT ROLL
CRANBERRY JU.
ICE CREAM
SUNDAE
8
TURKEY
POT PIE
BROCCOLI
BISQUIT
GRAPE JUICE
ICE CREAM
15
SWISS STEAK
MASHED
POTATOES
PEAS\
CARROTS
W W ROLLS
ICE CREAM
22
ENCHALIDAS
REFRIED BEANS
SPANISH RICE
TOMATO/
LETTUCE
SHERBET CAKE
29
HAM AND
LIMA BEANS
CORNBREAD
COLESLAW
CHOC.PUDDING
CHOC. COOKIE
"FORGET -MN -NOT"
SENIOR CARE CENTER
1104 MISSION AVE.
KENAI, ALASKA 9961-1
2
POTATO SOUP
TURKEY
SANDWICH
COLESLAW
SLICED TOMATO
DESSERT
0
SPAGHETTI
NOODLES
PEAS
TOSSED SALAD
GARLIC BREAD
CHOC. CAKE
16 %
MEATLC
MASHES
SPINACH v '
ORANGEES
HOT ROLL
BIRTHDAY CAKE
23
EGG DROP SOUP
CHOP SUEY
RICE
MOLDED SALAD
ROLL
FRUIT
COOKIES
q#1
CHICKEN
PASTA SALAD
VEGETABLE
SALAD
MUFFIN
FRESH MELON
Thu. Fri,
3
CHICKEN
FRIED RICE
CARROTS
BROCCOLI
HOT ROLL
BANANA CREAM
PIE
10
TOSTADA QUEENS
REFRIED BEANS
TOMATO
LETTUCE
AMBROSIA
SOPAPILLA
CUSTARD
17
EPPER STEAK
OTATOES
BEEN BEANS
IW ROLLS
PRICOTS
24
SALISBURY STK.
RICE
CORN
CUCUMBER SAL.
BLU. MUFFIN
SPICE CAKE
31
CHICKEN SOUP
RHUBEN
SANDWICH
COLESLAW
SUNSHINE SAL.
GINGERBREAD
,awsletter Belongs To........
m
CHEESEBURGER
FRENCH FRIES
JELLO
TOMATO AND
LETTUCE
DESSERT
11
STEAK SPECIAL
BENEDICT P0T0:
GARDEN SALAD
GARLIC BREAD
STRAWBERRY
PIE
18
SWED.MEATBALL
NOODLES
PICKLED
BEETS
GREEN SALAD
WW ROLLS
FRUIT
25
SHORT RIBS
BAKED POTATO
ASPARAGUS
HOT ROLL
PEACH COBBLER
ASH LEY RCEC> ASSC-->C: IATES
GL)VCKNN1kN I RtLA I'IONN ANO PUbLK' AFFAIRS CONKILTANTN
May 16, 1990
To: Bill Brighton, City Manager
City of Kenai
From: Ashley Reed
Re: City Council Meeting Handout
Capital Budget Summary, Kenai/District 5
Attached for your information is a copy of the capital budget
summary for District 5, Please copy and distribute as appropriate for
tonight's meeting of the Kenai City Council,
If ,you have any quesitons or need further information, please do not
hesitate to contact me,
510 L Street- Suite 210 -Anchorage, Alaska 99501
(907) 279.5350 • 1 AX (907) 2.58-3527
ASH LEY R E E [D &�,A S S G C I AT F S
I-RNMh NI IZhl.A I LL)N1 AM) 1'MiLIC Ah}AIHti CONSUL I AN I ti
May 16, 1990
To: Ball Brighton, City Manager
City of Kenai
From: Ashley Reed
Re: 16th Alaska State Legislature, 2nd Session
Capital Budget Summary, Kenai/District 5
For your information, I am forwarding a summary of capital budget
appropriations/reappropriations for the City of Kenai/District 5:
Railbelt Energy Fund &apprQj2riations
Kenai Congregate Housing 3800.0
Kenai/Fire Training Facility 1000.0
Deparlment of Administration
KBBI - Studio Equipment 40.0
Department of Education
Pratt Museum Repair and Renova 90.2
Named recipient (AS 37.05.316)
Soldotna Hist Soc/Mus Renovate 10.0
Department of Natural Resources
LWR Kenai Riv Sanitary FAC/ACC 12.0
Department of Fish and Game
Habitat Division
Kasilof Riv Water 'Testing 3.0
Named Recipient (AS 37.05.316)
CIAA- Paint R. Fish Pass 800.0
Department of Public Safety
Kenai-Soldotna Crisis Ctr Equip 3.0
.=011k.
510 L Street • Suite 210 -Anchorage, Alaska 99501
(907) 179.5350 • t•Ax(907) 258-3527
Department of _Tran4ort tion/Public -Facilities
Kenai Spur Hwy widening 12982.6
Kenai spur Hwy Const. 100.0
Sears Elem Schl Lites Instal 20.0
Cen Reg Water & Hbrs
Homer Harbor Float 550.0
Department of Environmental Congervalion
50% Grants
Kenai Wastewater Modification 380.0
Anch Pt -Watering Pt Improv 24.0
Environ Quality
Kenai Cleanup PH II1 1045.0
DepArtmelu of Comml t i y„ and Regional Affairs
Named recipient (AS 37.05.336)
Soldotna Little League Safety
10.0
Penin Oilers-Safe/Lights Pur
10.0
Ninilchik Seniors Equip Purch
4.0
Homer Senior Bldg Exp
100.0
Soldotna Senior Construction
670.00
Kenai Little League Safety
25.0
Kenai Penin Food Bank Equip
17.0
Funny River Comm Center
41.0
Department of Corr!tCtions
Roof Repair Wildwood
200.0
t niversit, oy_f Alaska
Kenai Sprinkler Sys upgrade 43.0
Kenai Sprinkler Phase II 56.0
Kenai Roof Repair 209.0
Grants to Municipalities (AS 37 Q5 315)
Ed 5 Kenai -Cook Inlet
Soldotna-Wastewater Facility 1050.0
Homer/Kachemak Wastewater Fac 1900.0
KPB-Anchor Pt EMS Defib Pur 6.0
KPB - Road Program 740.0
Seldovia-Fire/Rescue Equip 10.0
Seldovia-Water System Proj 255.0
*** Election District Total *** 26205.8
KenaVDS Page 2
ci
Kenai Bicentennial Board of Directors,
Olivia & Chris Schemanski,
And
Peninsula Oilers Board of Directors
INVITE'YOU TO -.ATTEND
THE
Dedication of the first Bicentennial Mural
"The Landingm] 791 "
Saturday, June 2, 1990
1:30 p.m.
at
Pe-, ula O'lers B ing Cook & Main Street --Old Town
(Musical entertainment and refreshments, too)
For Information
Contact: Sue Carter
283-1991
BICENTENNIAL
11
&wA cL YasG - 0it� u,41A 2
TO DO IST
MAY 16 1990
KENAI C Y COUNCIL
1.
Clerk - Schedule work ession for Council, Airport
Comm., EDC - June 11, :00.
2.
K. Kornelis - Congreg to Housing building:
a. Identify availa le architects
b. Identify simil buildings to aid in design
C. Establish date for preliminary renderings
3.
J. Williams - Appo' t committee for Congregate Housing
building.
4.
K. Kornelis - Cor s. Permit Application for Larry
Powers - Page 2, aragraph 5 - Correct reference to
Kenai River Spec al Management Area.
5.
K. Kornelis - F r 6-6 meeting - proposal for metal
covered pavili for soft ball field. Are Wildwood
crews availabl for work?
Clerk - Conta t Borough Mayor re/procedures for
nominating H spital Bd. appointment. Contact Janet
Brown to co lete application.
7.
T. Rogers - Submit Cook Inlet Housing Agreement to
Council fo review prior to June 6 meeting.
jr K
v