Loading...
HomeMy WebLinkAbout1990-05-16 Council PacketKenai City Council Meeting Packet May 16, 1990 r iN,�1�9i19.7��• I MOM NOW �. usesteowFlivor k�..b AR oit - �$ ' 4 Fund -Jsrrilow"m r 331040, • TAW in 5 Roe, Police am went !vkid<20 §atnnq, P Lease 1- Transilydf # fle- x x iprrdt uoenae x I OOM ilArrit.fM e, tidelands t eayse Application •Tract C - Larry lrwerS � tIIEYIt s S. Odinance 13TS-90 - Ine"NamAv/AWS Safi or Day Care - State t lra W -1IeW fmgloy- ee Tittinirp. a. Pinto Ha kq - Ordnance 1,37640 K. Af>fi1L WNIA 1iT Ttte p0laf invited to attend and Participate. Janet Ruotsaia, CMC/AAE City Clerk 1— — — -- — — — — MWIM OF al�ac HEl"O j Notice is hareby of Mdetands j I within the City of Caen sufm as 1eNowe: " 1 Services Loaatlon: W * '0l IsroPaaad Use: i Term: 1 PuNo f "triril lla or+,�afl'tSr+iVlNii t dates at 7:00 p.m. in tt..t�ky I Keaei Pl Mft aid ., KenM tkMOV slrtilil10 a Kneel Cft CoYaeN: The Cotmaiselops and City Council wtfl ooneider tlte.dleees of �. I MdeWnft to tits #SpAoaryt en � A iMMatipa I I to apeata a *Wm ad� as j I setforth in ItsapplexBtrfw 1 spectlan at 0» td testil"My eanoaFIEW INIP 91ta1 ro of t I subn* wrltbut oartarrar erittNw r of Komi, 21-0 . # Kenai, Aleft 9"11.' - I Kim Howard,' use Assistant I LPG = - Tel t 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 r 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 jr pk E -/ 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 r 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. r 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. V — r 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. V 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: fr- r 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 4r- r 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 5 - /6 - Y6 offinomms HOME SEN No mmmom SEMI 0 ommommum ONE SM ommomommo MEN MOM mmmmom mmummmm MEMO mmmomm ammmmmm OEM mmmmmmmmmmmm mom i 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. 1 ' ryir �K C: 9 1 CUtt f�' Ott '10. 3 `%, F, i RePr ROPre s 4• Le7i esert CUS at 5 . De Pt Roes c C PUBL EaSe elth Ic 1, bg,�RlNcs Re 2• 1 dinanc to e SO tz.i 136.3 4 Resoo -It tee on 9 0CZ t t � UP1e 1 tioo0 n C00A o1e nn Re"e Lin se ta90 -1 � ken Wa1 - Of g13 APr Lene1102Met.. 1'z9U ..5; jttle ki L qU �Re 0 r o Drz `e r 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 N N i17 T CA c' to CA H r- CA c-, 7 7 In Mi N - r, '.r. '.D Q> " 7 r- N O In, co �-c N t.: to N C- ',o Cc Ir O C, *-� T OO In C, r O N C In C 'D M O T COT ,-, M n -4 r- u•) 7 7 "D C - - - - - - ^ - . . - ^ - - - - C` C: to t` 11) I'D n T O N M to n G0 O N Ln n C`• ^J 7 r- 1 --1 -1 CN N CA N M M M M M M 7 7 7 7 7 tr, to Lr : +.D T CN O In C^ T 7 O r- T N T In r� '�c 7 'W n n w Go tr Ln 7 +p C �.O v7 T tr, T Ir) r" tr •.o r7 r- C 7 tr1 n T - ',o C in in 7 N i p 7 t- S Ln n 0c T ^-J N 7 z CO C N 7 '.D 00 C*- N u i Cc .-1 r -V CV N N N M M M M M 7 7 7 7 7 u, to tr to '..0 'D Z O 'D -,- r X t- M �o T u) 1.0 T Cl 7 Ln -4 C r- Ur �m 00 1- C 'y 7 r� U- 0 N to Ln CN 7 In 7 M X �.O CV �.D 7 .-•1 C to - t` M C In - C N u7 CC N r- cN Cb In M CA M �.o C In C' r- CO d- - -- - - - - - - - - - - - - - - - <C 7 t\ T lr �f n al C CA M tr (- C` M In f� C rN In n C M I - I--� +--+ (N CV N CA N CM M M M M C: 7 7 7 In tr to Ir •.0 v �o 7 CM CN --4 r-+ I- CYO GO T M n Go T to In 7 C 7 C' C'S) N r- N O -, r-• tr In ,ti to 7 ­4 t- CN CN '.D 00 r� C M •.o In u') Ir, 7 7 cJ co Ir n -- rV �.o O In ---I r- U ; M N N M z at M C} '.D -T 'IT 10 R. 7 'C r," 7 In I-- cc C_- M 7 11000C N _I 0^ 4 M 1D N tr �--t tN N N CV N M M, M M M M 7 7 7 7 7 If', to to tr: .0 1�0 00 O M M 7 In --i C r- M O u7 0 7 tf) T co M M O O uM 7 Cc O cn r- 7 00 T 7 GO O r- r- 7 07 '" 7 N ',C C M tr ✓O N n 7 ,--I C --I SaJ MS 1.0 Jr 7 t,7 '.o � a'� C) N 7- to r- C^ - CM it- r, C N If,, m .--I tN N N" N" M M M M M M 7 7 -. 7 tr, u") t,^, to �^ •� N r- O 7 r- T uM N '..r n r- M T T Ln, - cJ N --• --i -T C to CT T C^ 7 N 7 7 = J C CV t- C C - uM G✓ 'z u CA to O •.7 ''D r-- (= M r� z CA ^ 0 7 7 -7 tf) n C In - x �D r- O M '.o CN Cl .rtC t` 0" - - - - - OC C N - N N N N N N M M M M• ,D 7 1- In O C) C 7 Ir, .--! -7 N T to I- C ---I N N M = O n w 'D '.D CN M C tr 7 UM a'` r- x •J ri G'� �D 7 lD UO v n r� N '.D CT O N 7 f\ C 7 T 7 C I� In 7 '10 rT N N C..) M u .-1 M 7 In 1�0 0•` T C: J 7 In n T r-4 M Ir r,O CA Ln Go .-4 --i 1-1 CN N CN N CV CJ CA M n (^ CM M• : ^ 7 7 7 7 to , u , to u') 'w^ O --••I •S �D (n r- � '.0 7 to = T In r-1 O N C M M ^J .D r-+ L•. ti: --I •S .-� 7 N I-- Cc 7 rl- O: h CJ co CA M 'J C C 11D .^J r- G r , Cy •S to .0 00 C' r- f` 1-0C-)CC• 10 u: 7 7 In ,(' . a '" -a CO GC I1' x C I to •-1 N M-7 v r- 07 C- M 7 '.0 x C CA 7'c T C7 - rV N CV N CA N CJ C' M .. M 7 7 - 7 7 1 tfi C^ U: CQ �f CA -7 C7 ' tr1 '.0 Cc Cl.- cN tr' I� ^ --� C; u`. t- C 1 u ; Mc r� -- N "J N CV C J C J N (V M ti- 7 u". I t,- tr, r� L: ti CN - r- -- .- N c1l CV J CV 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 it H it C14 41 it It it it At it 11 i, is is F it H it it U it itS it it CO is it CA M . i LQ tt is F-I .4 PW V) z 0., C14 itJ: 42 it F. V) W 41 i'l it a 14 L3 41 �4 4, L) 14 14 PL. 4, is 41 # it it it is it is is is i J, it 41 i V) 4: 41 Pit 04 P4 1 is V) is it is it it it it 7 it At it it it H it it is is it is it it is it is is it is P4 it It O it 11 it :�, I it il 4,is V) V) cn O it it I -D w F, it W it ': >4 0 4: 4, V) 0 P., it 14 F-4 .4 < nn u 14 is r. it 0 �4 4, 4 P4 4 4 H it C4 i; w w E- V) it C4 q u It U it it V) it p4 V) H z 0 V) w Q W W it U is ie to q it P, c C4 it C4 cz CD itit (71 it It it it it is it 11 1 1 it 1: T H it is is O it it t 41 it V) it 4, d H it it it is N u It "P4 C:) W it H is it w F E- U it it: 3i w CDt< it rD -1: 14 a. = q, 0 it W4 is CD O d P is w i: Y�/ r 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 it o O it H {t it it O O ♦ i< O O tT Le)-H K i CAdp {t it 1 N ie ♦< i� it i< it k 4 tt W it k U it it 7 i< it d ♦< M i< it J W ♦• z it is {t itd H A O it it M is z i< it H tt tjy i 0at p, a it is O H a W {: U it i*i d at i< it # {t it it it is { it i t- it it d it it F ie i< 7 {t it it it W r, {t 7 is it W it it " it H it it it uj W AI J 0 i a i` Z i w O n A t Z > ♦< it it i< is it it is it it {t it p it W F it it it (n �t to is it it it it it U V z z z H tt H H w it i it F C� it x < d it it N O U i< it F nq H i< it 2 d PO W it i > O v) V] W 'C it it * it H w N 8 7 41 1< it H U M iti it A F F 7 it V1 w jit O it H W N v) UO is L4 it A it a. ie N A U w it U] it f1t '7, pq 7 it Ail, t W H o4 O G x U O p, H Q1 is is is it O it 'O ti tt it i. it it i< to W 3" i� it it i< In oC 1 O it it O W i< it it H V it V7 N i it F� O 1J it it O rt,l 1-i S; it it U J F O f-t it Ct; it it O O 04 J % it Ll it H W 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 jas c c s m 7 E o " U U 2 O ou L ¢ u m m C o ^ o O m m v m m L d I N C L LL Ot y C C •`.. N ^ E . Uo n o 0 D E u E L W a v o u L -, O N L 7 Q m 0 y C o n m D U m in H w m N m ^ m m T �` C in \ m W Y �y ^ m m m^ L v (, D I-) In „ m L L '� E .� L L E `RII w 7 ] N D Q L D 2 C T .+ .+ m 0 L� In H '. W m m m Y Y m .z a L N m (*) S E V 7 In 7 m 60 W Fff, � Ammaklo %5 V �J 6� b0 fo i i+I \\. v v w a N U Q m o , m o o OD g I I u m N am o • n Z I z N ;Yz O W W Y z F•- M z o w O vex " ° w JO err Mla n Oz D In _O O U) Z ire a x U) O� Za0 aom • W c Q N Q r"J J n 0 W O CD >CO a,3v7 ih : z p J ¢ W U Ui (n M it a- cl� w°-�x "�Wo a m X U) xo uZw- Q ¢Ox, • LLO m o„ of O Y L _ muoo W Z W J < Q O J Q cc w (JJ iL m a U (U Z O U T] C O T m J a u c m m J az �0 t)U ' O z Z m a ao Q ¢ aN L m ' � C > o O LL Z L11 y EX �n W I O N m L ti Q H 0 a m IH Z F- m 1 F W ~ Q n� X3 0 "U u W a 1I` r W ftp • Q c Z W Y -o v L � / � �.. 1 � 1 m L m rn i EXf►ib1� 8 n`zvMj#JJ b A 0 KENAI SPUR Nw F Z C3 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 N O L!i N U i 40) O O P L O C 'O C L CD 4- C to L H � a E a (a� En O cb N �4 4 p EDv w a a) cd cd oo a v a� v O -4 �4 u co o 41 cu Cl) o al 4 (1) Cd p a u p •H u v m G :j 41 P. �+ cd (a a p b ud 0-1 cr 0 o p 9 U - 0 4.4 0 N $-+ 4J W -H 4-I t.' p cd p -H to •rl 3-i u w L to to O w iJ N -rl cd O a. va � � u •,i p -C oo O �. O 4J r-4 R 44 a p b 0 � 0 W v $4 p -� R3 O -H p o u" , 4-) CO 44 N 41 v a cd v >1 q k W � "d u a � c°n a>i v ca ED O O co ,1 41 Q O1 N -H U Ei 44 o a: x ao ca PO `d a w to c U) 14 •rl 1+ 0 W U 4 co C U co S4 O cA U Ll •ri fA L]. �, �4 -H 0 v �, •� u aZZP4P4 -P O o Lr, O oorn o 0 oC0 0 u) �o .- o Lr,) rn ,y aJ �4 v cd u .4 .-4 -1 � CO � q a a P4 r O 4-3 rnrnrn O r-, Lr) cr) u•) cr1 ,A/FO-ra 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