HomeMy WebLinkAbout1992-08-19 Council PacketKenai City Council
Meeting Packet
August 19, 1992
AGENDA
KENAI CITY COUNCIL - REGULAR MEETING
AUGUST 19, 1992
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 Minutes)
1. Richard Williams, Senior Project Manager - K-Mart/Self-
Development Group
2. Sterling Gallagher - Southcentral Alaska
Archdiocese/Roman Catholic Church
3. Chuck Smalley - Aerobics at Kenai Recreation
Center/Response to Complaint,
C. PUBLIC HEARINGS
1. Ordinance No. 1509-92 - Increasing Estimated Revenues
and Appropriations by $1,823.43 in the General Fund for
Library Materials.
2. Resolution No. 92-54 - Accepting Four State of Alaska
Municipal Grants.
3. Resolution No. 92-55 - Opposing the Passage of Kenai
Peninsula Borough Ordinance No. 92-36, Classifying
Boats and Vessels for the Purpose of Taxation and
Establishing a Severance Tax on Fish.
4. Resolution No. 92-56 - Transferring $3,864.00 in the
Airport Terminal Fund for Airport Security.
5. Resolution No. 92-57 - Designating Legal Secretary
Sheryl Paulsen as Deputy City Clerk.
-1-
6. Resolution No. 92-58 - Transferring $1,920 in the
General Fund for Installation of Flood Lights at the
Airport Triangle Park.
7. *1992 Games of Chance and Contests of Skill Monte Carlo
Permit Application American Legion Unit 20.
D. COMMISSIONLCOMMITTEE REPORTS
1. Council on Aging
2. Airport Commission
3. Harbor Commission
4. Library Commission
5. Parks & Recreation Commission
6. Planning & Zoning Commission
7. Miscellaneous Commissions and committees
E. MINUTES
1. *Regular Meeting of August 5, 1992.
F.
G. OLD BUSINESS
H. NEW BUSINESS
1. Bills to be Paid, Bills to be Ratified
2. Purchase Orders Exceeding $1,000
3. *Ordinance No. 1510-92 - Increasing Estimated Revenues
and Appropriations by $13,615 in the General Fund as a
Result of Two Library Grants.
4. Approval - Lease Application - Lot 5, Walkowski-Deland
Subdivision/Will Jahrig.
5. Approval - Gaston & Associates, Inc./Congregate Housing
Project
a. Construction Change Directive No. 24 -
Addition of a Fire Extinguisher in the
Elevator Equipment Room - $100.00.
b. Construction Change Directive No. 25 -
Addition of Electrical Service to oven in
Unit-. Type 1D1 - $600-00.
6. Discussion - Set Net Drive/Set Net Court - Request for
Fee -Combined Design and Inspection/Wm. J. Nelson &
Associates.
-2-
7. Discussion - ADEC 50n Municipal Grant Program
I. ADMINISTRATION REPORTS
1. Mayor
2. City Manager
3. Attorney
4. City Clerk
5. Finance Director
6. Public Works Director
7. Airport Manager
J. DISCUSSION
1. Citizens (five minutes)
2. Council
R. ADJOURNMENT
-3-
MAYOR'S REPORT
AUGUST 19, 1992 COUNCIL MEETING
CHANGES TO THE AGENDA
ADD: B-2, Additional Information - Kenai Municiapl Code,
Chapter 7.35 entitled, "Industrial Bonds" and work
experience information for Robert Flint of Hartig,
Rhodes, Norman, Mahoney & Edwards.
I-4, Clerk's Report - 8/18/92 KPB letter withdrawing
their protest against the 1992 Liquor License Renewal
for Little Ski-Mo.
No changes.
CHANGES TO THE CONSENT AGENDA
MAYOR'S REPORT DISCUSSION
1. Cost of fish for community picnic.
2. Use of Music Box DJ Service - $250.00 - for community picnic
- from 2:00-8:00 p.m. - any time after 8:00 p.m. is overtime
and will be an additional $100.00 per hour.
3. Airport Security - Float Plane Basin.
4. Lake Clark Exhibit opening has been cancelled.
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WE SUPPORT HAVING AEROBIC CLASSES AT
THE KENAI RECREATION CENTER 1992/93'!
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TO: Councilmembers
City of Kenai
FROM: John J. Williams, Mayor
City of Kenai
DATE: August 14, 1992
This week I received a telephone call from Sterling Gallagher
(277-6003), representing Archbishop Hurley, Southcentral Alaska
Archdiocese, Roman Catholic Church.
Mr. Gallagher stated that the Church is planning to build two new
churches. One of the churches is to be built in Soldotna.
Gallagher asked if the City of Kenai would be interested in
acting as the authorizing government agency for the sale of
revenue bonds for the construction of two new churches. The
Church has obtained a legal opinion from the Wohlforth-Flint Bond
Council that these bonds would be tax free and eligible revenue
bond status if issued by the City of Kenai. (It is my
understanding Soldotna cannot be the agency as there are two
members of the Parish Council on the City Council. Also, I do
not believe the City of Soldotna has power to issue revenue
bonds.)
Gallagher indicated they also have a legal opinion that the
separation of church and state does not apply in this instance
and that can be confirmed. Gallagher also indicated that they
would be willing to pay a one percent (1%) fee to the City of
Kenai for its efforts (amounting to approximately $50,000).
To clarify some questions Council may have:
1. I did not initiate this conversation.
2. Other than what I have told you, I know very little
about the proposal.
3. Gallagher will speak to the council by teleconference
call at the 8/19/92 Council Meeting in order to have a
clear understanding of the project.
4. According to a conversation recently heard at the last
Council meeting, I do not know if it is legal to accept
a fee for the issuance of revenue bonds.
JJW/clf
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Chapter 7.35
INDUSTRIAL BONDS
Sections:
7.35-7.35.030
7.35.010 Scope of Procedures.
7.35.020 Application.
7.35.030 Review by City Council.
7.35.040 Inspection of Records.
7.35.050 Costs and Financing Fees.
7.35.060 Supervision of Proceeds of Bond Issue.
7.35.010 Scope_of Procedures: This chapter applies to all
applications for financing of a project through the issuance of
municipal industrial bonds as authorized by Sections 6-3 and 6-5
of the Charter of the City of Kenai. (Ord. 505)
7.35.020 Application: (a) An application for financing of
a project must:
(1) Provide the amount of financing (in excess of
$1,000,000) requested;
{2} Provide a general description of the proposed
project;
(3) Provide a complete description of the purposes of
the issue of any bonds and of how the proceeds of any bond
issue will be used;
(4) Provide financial statements, including balance
sheets and profit -and -loss statements, certified by an
independent certified public accountant for the last three
fiscal years of the applicant's business or all fiscal years
of applicant's operation if less than three years, unless
waived by the City Council by resolution; these financial
statements must be provided for both the applicant's
business and any party or parties acting as guarantors for
the financing contemplated;
(5f Provide a business history of persons owning ten
percent. (10%) or more of the applicant's business; and
(6) Provide any additional information or
documentation req°.rested by the City Manager.
(b) Applications must be submitted to the City Manager,
City Hall Offices, Box 580, Kenai, Alaska 99611. (Ord. 505)
7.35.030 Review _by City Council: (a) Upon determination
by the City Manager that the application requirements of this
chapter have been met, the application, along with the
recommendation of the City Manager and any other information
considered relevant by the City Manager, must be transmitted to
the City Counc:i:1 for its review.
7-17
(City of Kenai
Supp. #44 - 5/8/87)
6-A to 7-1
Section 6-3. Revenue Bonds, etch The City stall have
power to^borrow money and to issue revenue bonds or other such
ev-�dences of indebtedness therefor, the principal_ and interest of
which are payable solely out of, and the only security of which
is, the revenues of revenue -producing utilities and enterprises;
but: only when authorized by the Council for the acquisition,
construction„ reconstruction„ repair, improvement, extension,
enlargement, and/or equipment of said utilities and enterprises,
and ratified at an election by a majority of those qualified to
vote and voting on the question. Revenue bonds issued to pay the
cost of a facility to be used by ten customers or less for the
purpose of promoting economic development in and around the City,
may be authorized by the Council without an election if the debt
is payable solel.y_by the users, Mm_ende�37 by Proposition,
F—elTrUary 13 , 197 9
Section_6-a. (Repealed November 4, 1969.)
Section_ 6-5. Industrial Develoument Bonds. The City shall
have the power to borrow money and to issue bonds or other
evidence of indebtedness for the purpose of promoting economic
development in and adjacent to the City. Such indebtedness may
be authorized by the Council without a vote of the electorate for
obligations which are defined as industrial development bonds by
the United States Interval Revenue Code, as amended. The City
may, with respect to the issuance of such debt, acquire,
purchase, lease, constr-ict, sell., sublease or otherwise dispose
of projects by action of the Council. No bonds or other
indebtedness issued by the City under tiffs section shall be
repayable from taxes ievied by the City nor be a charge again.,t
the general credit of tle City. (Amenaed February 13, 1979, oy
Ord. 450.)
ARTICLE 7
PUBLIC :IMPROVEMENTS
Section 7-1. H_o_w_Cost May_Be Paid_.. The cost of a public
improvement may be paid wholly by the City, or partly by the City
and partly by benefitted real property,, or wholly by benefitted
real property, as the Council may determine. Said cost or part
thereof to be borne by benefitted real property may be assessed
by special assessment upon such benetit:.t:ed property.
C-15
(City of Kenai
Supp. #52. - 8/25/ 89)
14
7.35.060
issue have been complied with and pay the cost of this audit or
examination. (The applicant may be required to provide a
retainage with the City to issue the payment of such an audit.)
(b) Permit the City Council or its agents access to the
applicant's books and records at a reasonable time.
(c) Submit, on written request of the City Council, a sworn
statement by a responsible officer of the applicant as to the
purposes to which bond proceeds have been applied. (Ord. 505)
7--19
(City of Kenai
Supp. #44 - 5/8/37)
Worked on and rendered opinions for the Valdez Pipeline
Terminal bonds issued in various series in 1977 and 1978, totaling
$1.3 billion.
Rendered arbitrage opinions and dealt with arbitrage
questions on most types of bonds, including general obligation,
revenue industrial development, certificates of participation,
refundings and 501(c)(3). Matters dealt with include temporary,
period, sinking fund, reserve fund, refunding escrow and
construction escrow. Duties include drafting arbitrage
certificates and escrow agreements and reviewing CPA
certifications.
Attended numerous seminars relating to municipal finance
and tax law.
Mr. Flint has developed first-time or innovated financial
structures for the State of Alaska and municipal financing,
including:
1. The first insured tax exempt bond in the United
States;
2. The first bond issue for the Alaska Industrial
Development Authority;
3. Creation of the stand alone revenue bond program
for the Alaska Industrial Development Authority,
allowing local banks to purchase several hundred
million dollars of industrial development bonds for
Alaskan projects;
4. Creation of the first certificate of participation
financing in Alaska for Seward Student Service
Center, resulting in a substantial annual savings
to the State of Alaska over the expected commercial
financing;
5. Lease revenue financing for the Municipality of
Anchorage for pension fund savings;
6. The first independent bond counsel opinion under
the Tax Reform Act of 1986; and
7. creation of the first public authority at the local
level in Alaska, the Anchorage Parking Authority,
and the issuance of variable rate lease revenue
bonds for the construction of its major project.
He also served as counsel to the Governor' s Task Force on
school debt service reimbursement. He drafted the cash flow
2
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HARTIG, RSODSB, NORKRN, NASONEY & EDWARDS
EZP=RXZXgZ OF PERBOMML
Robert B. Flint
Alaska Bar Association No. 6403006
Education: Yale 'University, B.A. 1960 (Economics)
Georgetown University, L.L.B. 1963
Work Experience:
Robert B. Flint has been with Hartig, Rhodes, Norman,
Mahoney & Edwards since 19aa. Rated "av" by Martind e-Hubbell
Legal Directory. Listed in the Municipal Bond Attorney section of
the Bond BuyeriL Directg= of Municipal Bond Dealers of the United
cgs (Red Book) since 1973. Member: National Association of
Bond Lawyers.
Assistant Attorney General, Juneau, 1963-1964 and
Legislative Assistant to Representative Howard W. Pollock, M.C.,
Alaska, 1967-1966.
Engaged in municipal finance practice in Alaska
continuously since 1970. Formerly a partner in the firm of
Wohlforth, Flint & Gruening. Currently a shareholder of Hartig,
Rhodes, Norman, Mahoney & Edwards, P.C. Practices in Anchorage,
Alaska.
Rendered bond opinions on issues for the University of
Alaska Heating Corporation, the State of Alaska, Alaska Industrial
Development and Export Authority, Alaska Municipal Bond Bank,
Municipality of Anchorage, Matanuska-Susitna Borough, Kenai
Peninsula Borough, Bristol Bay Borough, Cities of Kodiak,
Fairbanks, Palmer, Valdez and St. Paul, Anchorage Parking
Authority, several smaller municipalities, and the Fairbanks North
Star- Borough. Bond issues have included general obligation,
revenue, industrial development, home mortgage, 501(c)(3), service
area, local improvement district, lease revenue, certificates of
participation, refunding, and bond revenue anticipation notes.
Experienced in general municipal law, real estate,
bankruptcy, commercial loans and litigation. Principal drafter of
the Anchorage Municipal Charter (second charter session). Drafted
Alaska legislation relating to municipal finance and debt
reimbursement.
dh\c;\dots\81"\3\fnctor.2
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refunding legislation which was enacted into law and assisted with
the Task Force's successful presentation to the Alaska Legislature
for increased levels of school debt reimbursement.
Bonnie J. Stratton
Alaska Bar Association No. 8711103
California Bar Association No. 126127
Education: Stanford Law School, J.D. 1986
Associate Editor, Stanford Law Review,
1984-1986
Stanford University, B.A. 1983, with
distinction
Harry S. Truman scholar for Alaska 1981
work Experience:
Bonnie J. Stratton, a Shareholder of Hartig, Rhodes, Norman,
Mahoney & Edwards, practices in the areas of business financing
transactions and real estate, corporate, partnership, commercial
and bankruptcy law. Since joining Hartig, Rhodes in 1989, Mrs.
Stratton has assisted in drafting several tax-free bond
modifications for local lending institutions, in the representation
of a $26 million lease revenue bond issuance on behalf of the City
of Kasaan, and in an original bond issuance for construction funds
for Alaska Public Television, Inc. 'a new facilities. Current
matters include representative of 3 syndicated banks on a
$24,000,000 construction financing for an oil refinery, a
$100,000,000 real estate development transaction and several
complex Chapter 11 bankruptcies.
During 1987-1989, Mrs. Stratton was associated with Burr,
Pease & Kurtz, of Anchorage, Alaska, where she assisted in the
preparation of exempt securities offerings documentation, in
compliance with the State of Alaska's securities laws, and in
numerous financing transactions.
From 1986-1987, Mrs. Stratton was associated with Riordan &
McKinzie in Los Angeles, California, where she assisted in due
diligence inquiry and disclosure document preparation in connection
with numerous public and private offerings, including a $90,000,000
public offering of senior subordinated notes for an Interstate
Commerce Commission -regulated entity, initial stock offerings of
formerly privately held corporations and venture capital -funded
transactions.
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A PUBLIC LIBRARY IN SERVICE SINCE 1949
163 MAIN STREET LOOP
KENAI, ALASKA 99611
July 29, 1992
MEMORANDUM
C0: Charles A. Brown
FROM: Emily De Forest
SUBJECT: DOE Grant
Department of Education Grant Award
Paid FY 1991-92
Vendor
Purchase Order
Libraries Unlimited
The Book Cache
GTE Discovery PubLicat:ions
University of Alaska Press
Alaska Trappers Association
Prince William Sound Books
Alaska Native Directory
Amakaak Press
KAKM-TV Alaska ?ublic
Television
Kenai Peninsual College
Sealaska Heritage Foundation
The CIRI Foundation
Gleni Cobb, Booknt l.ler
Open Purchaser Orders at June 30, 1992
Bethel Broadcasting Company
Smithsonian Folkways
Harrison/Hancock House
Glenn; Co)b, Bookseller
The Book Cac`le
ABC-CLIO
The Book Cache
F''i 92-93 Appr oprinrio i from grant.
P.0's
P.0's
42641
43370
422 A
42248
42214
422 &
42311
419 _!9
$5,123
$ 35.90
265.64
55.25
206.08
39.90
55.85
49.50
44.00
421Q
19.95
417 '2
32.00
4180
235.00
4307
18.30
428u3
247.50
$1,304.87 q-
4307
391.45
43452
114.50
43588
195.15
4301
418.50
434E3
439.00
42618
62.95
43539
373.15
$1,994.70 W
$5,123.00
paid
(1,304.87)
open
(1,994.70)
$1,823.43 Ay
J
Suggested by: Administration
City of Kenai
ORDINANCE NO. 1509-92
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KCENAI, ALASKA INCREASING
ESTIMATED REVENUES AND APPROPRIATIONS BY $1,823.43 IN THE GENERAL FUND
FOR LIBRARY MATERIALS.
WHEREAS, the United States Department of Education has awarded the
City of Kenai_, in conjunction with the Kenaitze Indian Tribe, a grant
in the amount. of $5,123 to purchase library materials related to
Alaska natives and their cultures; and
WHEREAS, of the $5,123 appropriated in FY91--92, $1,823.43 was not
spent or encumbered by June 30, 1992, and may be reappropriated.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA that estimated revenues and appropriations be increased as
follows:
General Fund
Increase Estimated Revenues:
Federal. Library Grant $1,823.43
Increase Appropriations:
Library - Books and other
library materials $1,823.43
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of
August, 1992.
JOHN J. WILLIAMS, MAYOR
ATTEST:
Carol L. Freas, City Clerk.
Introduced: August 5, 1992
Adopted: August 19, 1992
Effcctive: August 19, 1992
Approved by Finance: y /'
("7/30/92)
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DFnai (fornrnanii y _Zd zazy
A PUBLIC LIBRARY IN SERVICE SINCE 1949
163 MAIN STREET LOOP
KENAI, ALASKA 99611
MEMORANDUM
TO: Charles A. Brown
FROM: Emily DeForest
SUBJECT: DOE Appropriation
Will you please appropriate into Fy 1992-93 budget the amount of $1,823.43
remaining in the Department of Education Grart to the Kenai Community
Library.
STANDARD .AGREEMENT FORM
FOR MUNICIPAL GRANTS
This agreement is executed between the State of Alaska, Department
of Administration (Hereinafter called the "State"), and the City of Kenai
(hereinafter called the "Grantee");
WITNESSETH that:
Whereas, the Graiitee is willing to undertake the performance of this
grant under the terms of this agreement;
Whereas, the Grantee has the authority under the State law or local
charter to provide the services for which funds were appropriated;
Whereas, the State has the authority to enter into this agreement by
AS 37.05.315;
Whereas, unexpended funding for this grant lapses on the five year
anniversary date of July 1, 1997 if the project is not substantially underway
or upon completion of the project if work is completed prior to the five year
anniversary date or if substantial, ongoing work stops after the five year date
is reached;
Whereas, the grant number is, 4/93-014
"Whereas, the grant amount is; $675,000.00
Whereas, the grant purpose is; Thompson Park Sewer
Interceptor Construction
Whereas, the Grantee intends to use these funds as explained
"below;
Extend municipal sewer service to the east Kenai area by
construction of a sewer interceptor line to Thompson Park
Subdivision.
(Rev. 5/90) Page 1 of 4
Suggested by: Administratior
City of Kenai
RESOLUTION NO. 92--54
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA ACCEPTING
FOUR STATE OF ALASKA MUNICIPAL GRANTS.
WHEREAS, the State of Alaska has offered the City of Kenai four F
municipal grants; and
WHEREAS, the State requires that the Kenai City Council accept the
grants by ordinance or resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that the City accepts the State of Alaska grants as follows:
Brief
# Description Amount
4/93-014 Thompson Park Sewer Interceptor $675,000
7/93-017 Adult Day Care 16,429
9/93-017 Visitors and Convention bureau 50,000
9/93-024 Homeless Children 16,000
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of
August, 1992.
JOHN J. WILLIAMS, MAYOR
ATTEST:
Carol L. Freas, City Clerk
Approved by Finance: G
(8/10/92)
k1
STANDARD AGREEMENT FORM
FOR MUNICIPAL GRANTS
This agreement is executed between the State of Alaska, Departmen t
of Administration (Hereinafter called the "State"), and the City of Kenai
(Hereinafter called the "Grantee");
WITNESSETH that:
Whereas, the Grantee is willing to undertake the performance of thi;
grant under the terms of this agreement;
Whereas, the Grantee has the authority under the State law or local
charter to provide the services for which funds were appropriated;
Whereas, the State has the authority to enter into this agreement by
AS 37.05.315;
Whereas, unexpended funding for this grant lapses on the five yea: -
anniversary date of July 1, 1997 if the project is not substantially underway
or upon completion of the project if work is completed prior to the five yea -
anniversary date or if substantial, ongoing work stops after the five year date
is reached;
Whereas, the grant number is; 9/93-017
Whereas, the grant amount is; $50,000.00
Whereas, the grant purpose is; Kenai Bicentennial Visitors and
Convention Bureau - Exhibit/Equipment Acquisitions
Whereas, the Grantee intends to use these funds as explained
below;
The City will enter into an agreement with the Bureau requiring
them to comply with the terms of this grant. Money will be passed
through to the Bureau.
(1Zev. 5/90) Page 1 oi' 4
STANDARD AGREEMENT FORM
FOR MUNICIPAL GRANTS
This agreement is executed between the State of Alaska, Department
of Administration (Hereinafter called the "State"), and the City of Kenai
(Hereinafter called the "Grantee");
WITNESSETH that:
Whereas, the Grantee is willing to undertake the performance of this
grant under the terms of this agreement;
Whereas, the Grantee has the authority under the State law or local
charter to provide the services for which funds were appropriated;
Whereas, the State has the authority to enter into this agreement by
AS 37.05.315;
Whereas, unexpended funding for this grant lapses on the five year
anniversary date of July 1, 1997 if the project is not substantially underway
or upon completion of the project if work is completed prior to the five year
anniversary date or if substantial, ongoing work stops after the five year date
is reached;
Whereas, the grant number is; 7/93-017
Whereas, the grant amount is; $16,429.00
Whereas, the grant purpose is; Forget -Me -Not Adult Day Care
Center/Equipment Purchases
Whereas, the Grantee intends to use these funds as explained
below;
A division of Central Peninsula Counseling Services, the center
has maintenance upgrade health and safety needs. The City will
enter into an agreement with Central Peninsula Counseling Services
requiring them to comply with the terms of this grant. Money
will be passed through to Central Peninsula Counseling Services
for facility improvements and expenses and for equipment purchases.
(Rev. 5/90) Page 1 of 4
STANDARD AGREEMENT FORM
FOR MUNICIPAL GRANTS
This agreement is executed between the State of Alaska, Department
of Administration (Hereinafter called the "State"), and the City of Kenai
(Hereinafter called the "Grantee");
WITNESSETH that:
Whereas, the Grantee is willing to undertake the performance of this
grant under the terms of this agreement;
Whereas, the Grantee has the authority under the State law or focal
charter to provide the services for which funds were appropriated;
Whereas, the State has the authority to enter into this agreement by
AS 37.05.315;
Whereas, unexpended funding for this grant lapses on the five year
anniversary date of July 1, 1997 if the project is not substantially underway
or upon completion of the project if work is completed prior to the five year
anniversary date or if substantial, ongoing work stops after the five year date
is reached;
Whereas, the grant number is; 9/93-024
Whereas, the grant amount is, $16,000.00
Whereas, the grant purpose is; Homeless Children Pilot Project
Whereas, the Grantee intends to use these funds as explained
below;
Funding for the Central Peninsula Homeless Coalition to address
the plight of homeless children living in the Kenai area. The
City will enter into an agreement with the Central Peninsula
Homeless Coalition, c/o Catholic Social Services, requiring them
to comply with the terms of this grant. Money will. be passed
through to the Coalition, c/o Catholic Social Services.
(Rev. 5/90) Page 1 of 4
1791-1991
CITY OF KENAI
"Old G'dp� 4 44z4�"
210 FIDALGO KENAI, ALASKA 99611
TELEPHONE 283 - 7535
FAX 907-283-3014
August 10, 3.992
Betty Glick, President
Kenai Peninsula Borough Assembly
144 North Binkley Street
Soldotna, AK 99669
Re: Ordinance No. 92-36 - Classifying Boats and Vessels for the
Purpose of Taxation and Establishing a Severance Tax on Fish
Dear Madam President:
The Kenai City Council and City Administration are opposed to the
passage of Ordinance No. 92-36. It is the feeling of the City
Council that initiation of a fee for boats and vessels, as opposed
to personal property taxes, would not be in the best interest of
the Borough and the cities of Kenai, Soldotna, Seward and Seldovia.
This ordinance would reduce the amount of personal property tax
revenue from the fishing industry to the Borough, presumably to be
offset by the severance tax in good fishing years.
If this change in taxation causes a net loss to the Borough, the
result will no doubt be an increase in the Borough mill rate,
affecting Kenai taxpayers. Further, it is my understanding that
the severance tax will. not be allocated to Borough service areas.
Therefore, the Central Hospital service area, in which Kenai is
included, may be forced to increase its mill rate.
Passage of this ordinance would encourage other special interest
groups on the Kenai Peninsula to seek exemption for their own
personal property interests. Airplane owners, construction
contractors and others would be justified in requesting that their
equipment be taken ofif. the personal property tax rolls.
The City of Fenai asks that the Borougr Assembly defeat Ordinance
No. 92-36.
Sincerely,
-7_-
Charles A. Brawn
Acting City Manager
CAB j kh
Suggested by: City Counci_
RESOLUTION NO. 92-55
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, OPPOSING
THE PASSAGE OF KENAI PENINSULA BOROUGH ORDINANCE NO. 92-36,
CLASSIFYING BOATS AND VESSELS FOR THE PURPOSE OF TAXATION AND
ESTABLISHING A SEVERANCE TAX ON FISH.
WHEREAS, the initiation of a fee for boats and vessels, as opposed
to personal property taxes, would not be in the best interest of
the Borough and the cities of Kenai, Soldotna, Seward and Seldovia,
and
WHEREAS, this ordinance would reduce the amount of personal
property tax revenue from the fishing industry to the Borough,
presumably to be offset by the severance tax in good fishing years,
and
WHEREAS, if this change in taxation causes a net loss to the
Borough, the result will no doubt be an increase in the Borough
mill rate, affecting Kenai taxpayers, and
WHEREAS, the severance tax will not be allocated to Borough service
areas, and the Central. Hospital service area, in which Kenai is
included, may be forced to increase its mill rate, and
WHEREAS, passage of this ordinance would encourage other special
interest groups on the Kenai Peninsula to seek exemption for their
own personal property interests.
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
that the City Council, by this resolution, opposes the passage of
Kenai Peninsula Borough Ordinance No. 92-36, classifying boats and
vessels for the purpose of taxation and establishing a severance
tax on fish.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day
of August, 1992.
JOHN J. WILLIAMS, MAYOR
ATTEST:
Carol L. Freas, City Clerk
Approved by Finance: C q0
8/10/92
kh
_ �_H vLEI F= N0, 9072628615 P.02
2, Length measurements between feet whole numbers and tonnage measurements
between ton whole numbers shall be rounded up to the next highest foot or ton whole number.
3. A boat or vessel's length shall determine its class; unless the boat or vessel's net
tonnage is greater than the maximum tonnage for that length class, in which case the class shall
be determined by the net tonnage.
Section 2. That KPB Title 5 is amended to add a new chapter to read as follows:
Chapter 5.14
SEVERANCE TAXES
Sections:
5.14.010
Severance tax levied --resources subject to tax.
5.14.020
Collection and administration.
5.14.030
Enforcement.
5.14.040
Severance tax return verification.
5.14.050
Confidentiality.
5.14.060
Liability for and collection of severance tax.
5.14.070
Penalties and interest.
5.14.080
Definitions..
5.14.010. Severance tax levied --resources subject to tax. There is levied in the borough,
on any severer or harvester of certain natural resources, an excise tax, denominated as a
severance tax. The tax shall be collected for each calendar quarter as provided in this chapter.
The tax shall be two -tenths of one percent (0,2%) of the gross production value for the calendar
quarter resulting from the following activities:
A. Harvesting of any raw finfish, shellfish, mollusks and other commercial products of
the sea.
5.14.02 Collection and Administration. A. The purchaser of resources severed or
harvested shall register, collect and transndt the tax on the severer or harvester's behalf.
B. A purchaser who timely and correctly files a properly completed tax return along with
full payment of all taxes due under this chapter shall be entitled to retain five percent (5%) of
the total tax collected during the calendar quarter to defray administrative costs.
C. The purchaser shall hold the tax collected in trust for the Borough until paid. The
purchaser shall be entitled to keep any interest accruing to the tax account if the payment is
timely.
D. The gross production value for the calendar quarter shall include the amount paid to
any severer or harvester for taxable resources purchased but not paid for by the purchaser during
any prior calendar quarter.
E. An offshore processor which processes, delivers, catches, or receives fish products
within the boundaries of the borough is liable for and shall pay the tax. The gross production
Kenai Peninsula Borough, Alaska Ordinance 92-36
Page 2 of 5 Pages
5-9? ;;ol,d 6 ; 54 08 CLEF-K Ft X N0, 9072628615 F. 01
Post -It" brand tax transmittal memo 7671 Nof p119ea .
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From
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Introduced by:
Date:
Hearing;
Vote:
Action:
KENAI PENINSULA BOROUGH
ORDINANCE 92-36
Anderson
7/21/92
8/19/92
CLASSIFYING BOATS AND VESSELS FOR THE PURPOSE OF TAXATION AND
ESTABLISHING A SEVERANCE TAR ON FISH
WHEREAS, A.S. 29,45.050(b)(1) authorizes a municipality to classify boats and vessels for
the purposes of taxation and establish the assessed valuation of boats and vessels
on the basis of their registered or certificated net tonnage; and
WHEREAS, the application of ad valorem taxes to vessels imposes a tax burden that does not
fully recognize the fluctuations in commercial fishing, and downtime of vessels
precluding their production of income from commercial fishing; and
WHEREAS, classification of boats and vessels for a fixed rate of taxation coupled with a tax
on harvested fish will more equitably distribute the tax burden;
NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KENAI
PENINSULA BOROUGH:
Section 1. That KPB 5.12.150 is repealed and reenacted to read as follows:
5-12.0-S Assessment --Boats. A. For purposes of taxation, boats and vessels shall be
classified and taxed in the following manner:
Class 1
Less than l5 ft length and less than 5 net tons
$ 15
Class 2
15 to 19 tt and less than 5 net tons
$ 30
Clws 3
20 to 29 ft and less thau 5 net tons
$ so
Class 4
30 to 39 ft or 5 tons to 19 tons
$ 150
Class 5
40 to 49 ft or 20 tons to 49 tons
$ 300
Class 6
So to 70 ft or 50 to 99 tons
$ 500
Class 7
70 or more ft or 100 or snore toes
$1000
B. In establishing the class for a boat or vessel, the following procedures shall apply:
1, Length and tonnage measurements shall be based on standards established by the
borough assessor.
Kenai Peninsula Borough, Alaska Ordinance 92-36
Page 1 of 5 Pages
83
particular returns, and may publish tax lists showing the names, taxes, penalties and interest with
respect to taxpayers who are delinquent to assist in the collection of taxes.
5.14.060 Liability fold collection of severance tax. The purchaser or processor of the
resources assessed under this chapter is liable for the amount of taxes, interest and penalties due.
The tax, together with penalties and interest, may be collected in a personal action brought in
the name of the borough.
5.14. 70 Penalties and interest. All taxes due under this chapter but not timely paid as
required are subject to a penalty of ten percent (10%) of the tax due. Interest shall accrue on the
tax due including penalties and interest at the rate of fifteen percent (l S %) per year from the
date such taxes are due. Partial payments shall be applied first to accrued penalties and costs,
then to interest and then to principal. A payment is timely paid when mailed to the Borough
postage prepaid bearing a postmark date no later than the due date.
5.14.080 _Definitions. In this chapter:
A. "Gross production value" means the value per unit at the point of severance multiplied
by the number of recovered units of the natural resources sold during the calendar quarter.
B. "Severer or Harvester" means a person, company, corporation or other entity engaged
in the business of severing or harvesting natural resources. This includes offshore processors of
fish products who process, deliver, catch, or receive fish products within the boundaries of the
borough.
C. "Calendar Quarter" means any one of the following three-month periods beginning July
1 after the date of the setting of the mill levy: July 1-September 30, October 1-December 31,
January 1-March 31, April 1-June 30.
D. "Recovered Units" means all units mined, felled, extracted, or removed whether
produced directly or contractually during the period of production.
E. "Point of Severance" for purposes of computing the tax is defined as the dock or
delivered for processing within the borough.
Kenai Peninsula Borough. Alaska Ordinance 92-36
Page 4 of 5 Pages
NO. 907263286115 P. 03
value will be based on the gross weight of the raw fish products and the mirrent sales price for
fish products of like quality and character.
P. Every severer or harvester shall submit to the mayor a severance tax return, under
oath, at the time the tax is paid, containing the following information.
1. A description of the property from which the resource was severed or harvested
by legal description or borough -assigned account number;
2. The gross amount of recovered units severed or harvested during the calendar
quarter; and
3. The gross sales value of all recovered units severed or harvested and sold during,
the calendar quarter.
D. The return or tax statement along with all taxes due the borough for the calendar quarter
must be received at the borough on or before the last business day of the month following the
end of the calendar quarter for which the return or statement is required.
E. This tax constitutes a lien chargeable against the property owned by the severer. The
lien may be foreclosed by the borough in the same manner as any other lien against real or
personal property.
5.I .030 Enforcement. A, The Superior Court, upon the request of the mayor, shall
issue an injunction requiring compliance with the provisions of this section. In the alternative,
the mayor may determine the severance tax on parties who have not filed a return in an amount
based on historical data and the best information available.
B. A person who fails, refuses or neglects to file a severance tax return in compliance with
this chapter shall, in addition to any other penalties provided by law, be liable for a penalty of
ten percent (10%) of the tax.
5 14.040 Severance tax return veTific tion. The mayor may:
A. Require a person engaged in natural resource extraction, production, or transportation,
any agent or employee of the person, or the purchaser of natural resources taxed under this
chapter to furnish any additional information reasonably necessary to compute the amount of the
tax, or to determine if a tax is due;
B. Examine the books, records, and files of any such person; C. Conduct hearings
and compel the attendance of witnesses and the production of books, records, and papers of any
person; and
D. Make an investigation or hold any inquiry reasonably necessary to a disclosure of facts
as to;
1, the amount of extraction or production of a natural resource of an extractor,
producer or seller;
2. the purchaser of the natural resource; and
3. transportation of the resource.
5.14,050 Confidentialily. Information and materials in the possession of the borough
which disclose the particulars of the business or affairs of the payer of taxes under this chapter
will be kept confidential by the borough except in connection with an official investigation by
the Borough or other agency enforcing the laws of the borough or of the state or federal
government. The borough may publish statistics in a manner which prevents identification of
Kenai Peninsula Borough, AWka Ordinance 92-36
Page 3 of 5 Pages
C-10-92 MON 8:56 KPB CLERK FAX N0, 9072628615 P Q5
Section 3. That this ordinance shall take effect at 11; 59 p.m., on December 31, 1992.
ENACTED BY ']'HE ASSEMBLY OF THE KENAI PENINSULA BOROUGH ON
THUS DAY OF .1992.
Betty J. Glick, Assembly President
ATTEST:
Gaye J. Vaughan, Borough Clerk
Kenai Feniasula Borough, Alaska Ordinance 92-36
Page 5 of 5 Pages
GUARDIAN SECURITY SYSTEMS, INC. 700West 4lstAve.,Suite A
tt GUARD SERVICE AGREEMENT Anchorage, Alaska 99 iO3
(907)561.1898
THIS AGREEMENT made the �( L day of �_ _ , 19 '7pC, between GUARDIAN SECU ITY SYSTEM, INC. (tile "Compar:"), a
P.la,ka corporation with its principal lace of business i ANCHOR)GE, and with an office at
and__-___._ a corporation, partnership or individual, (the "CUSte Ater";.
WITNESSETH:
IN CONSIDERATION of the mutual covenants hereinafter set forth, the Company and the Customer agree as follows:
I. PROTECTED PREMISES. The Customer desires to contract for the security guard services hereinafter set forth to be performed by
the Company, and the Company desires to provide such services at the following premises owned or leased by Customer (the "Protected
Premises"): 1 r� �F` tL
.�_....r.�-L-�._. _Y_ ti 1LS--L---si{—---
_01
2. SERVICES. 'The security services to be provided by the company hereunder including the number of man hours to be provided shall
be mutually agreed upon by the Company and the Customer and shall be specified in writing in one or more Guard Orders signed by
both parties. Changes in such services may be made front time to time by mutual agreement of the Company and the Customer and
shall become effective only when specified in writing in a Guard Order signed by both parties. Any Guard Orders referring to the Agreement
and signed by both the Company and the Customer shall form a part of this Agreement and shall be incorporated herein for all purposes.
Customer agrees to idemnify and hold Company harmless from any claim, lost, injury, damage or other liability arising from Company's
personnel performing at the request or direction of Customer, services other than those set forth in the written Guard Orders.
3. CHARGES. The Company agrees to pro,.ide and Customer agrees to pay +:'ompany ford6e.PCte4__Security Services of
cam! man hours per week, at the following rates per man hour of service.:
Guard $ a� - Supervisors $
In addition to the service! regularly scheduled and contracted for herein, additional like service will be provided Customer at
$ _. per man hour. Rates for any special hazard or high risk coverage will be mutually agreed to between the Customer
and the Company. Invoices for services hereunder will be trailed or delivered to the below address of Customer weekly and are payable kw one
4 w -at the address specified on the invoice. Customer agrees to pay a service charge on past due invoices
at the rate of I'h°7o per month or the maxirnum legal rater r'-f hoi- pv;d t-..6o F r d<2 o'ec e,PT• �q
C >�
J. TERM. The security services to be provided by the Company hereunder, sLafl commence on �_, ' 9
and shall thereafter automatically be renewed and extended for successive or:.e-month periods unless t minated by either party giving
the other 30 days prior written notice of the notifying pa.rtv's intention to terminate. For
3 Cohfer: r.'� c,.1
5. "'ACE ESCALATION. If there is enacted anv law, regulation, ruling or such mandate by any authority having jurisdiction of the subject
matter which alters the hours of service, rates of pay, working conditions or Company's cost of performing the services provided for
herein Company may upon written notice to Customer adjust the rates for security services provided in Paragraph 3 above
6. SECURITY PERSONNEL. The security services to be: provided hereunder will be provided by personnel who are employees of the Com-
pany, the Company acting as an independent contractor hereunder. The Company will exercise complete control over the
'_ �c-onduct of
such personnel and will pay all wages applicable Federal Social Security Taxes, employment taxes and all other similar taxes. :Phe-c—usi slier
t? ,?
7. LISIlIS OF LIABILTTl, It is tmderstood by the Customer that the security scrvtces provided hereunder do not constitute namnium
securi e but provide a deg,.-ee of security resultrrw from the reasonable efforts of security personnel to carry out mutually agreed upon
securi-y procedures during the hours mutuatly agreed upon. I'he company is rot an insurer, and the amounts payable to the company
under this Agreement are based solely upon the value of the services rendered :and are unrelated to the value of Customer's property
or the 'rives or property of others. An} offset P1. Customer from amounts pay,rbli� to the Company without Company's prior ,iereement
arc nr',hibned.
Continrted on Reverse Side
1 :it al,,:
C,;rnpany"_ -_ , ._.
SuggE!sted by: City Council
City of Kenai
RESOLUTION NO. 92-56
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA TRANSFERRING
$3,864.00 IN THE AIRPORT TERMINAL FUND FOR AIRPORT SECURITY.
WHEREAS, the Council has determined that it is desirable to obtain s
on -site security at the Airport Terminal for three hours each day that
the building is unoccupied; and
WHEREAS, this purchase requires a transfer of money.
NOW, THEREFORE, BE 1T RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that the following budget transfers be made:
Airport Terminal
From: Contingency $3,864
To: Prof ess--onal Services $3 , 864
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of
August, 1992.
JOHN J. WILLIAMS, MAYOR
ATTEST:
Carol L. Freas, City Clerk
Approved by Finance:
(8/11/92)
kl
The Company's liability under this Agreement shall be limited to the following insurance coverages, evidence of which will be furnished
to Customer upon written request:
(a) Workmen's Compensation Insurance as required by applicable law covering all security personnel engaged in the furnishings of
services under this Agreement including Employer's Liability Coverage in the amount of $100,000.
(b) Comprehensive General Liability Insurance covering the Company's liability to third parties -for personal injury (which coverage
shall include false arrest, detention or imprisonment, malicious prosecution, libel, slander, defamation of character or violation
of privacy) and property damage with the following limits:
Property Damage/Personal Liability — Single Limit
Liability 1,000,000
8. INDEMNIFICATION
(a) The Company agrees to indemnify and hold harmless the Customer, its directors, officers, agents and employees from and against
all liabilities, demands, claims, damages, suits, or judgements, including attorneys' fees and other costs and expenses incident thereto
because of harm (including but not limited to harm arising from false arrest, searches, libel and slander), injury or death to persons,
or loss, damage or destruction to property, including the property of Customer, Company and third persons, resulting from the
negligence of Company or its directors, officers, agents or employees, while such person is acting within the scope of his emplovment.
(b) Customer agrees to indemnify and hold harmless Company and its directors, officers, agents and employees from and against all
liabilities, demands, claims, damages, suits or judgements, including attorney's fees and other costs and expenses incident thereto
because of harm (including but not limited to harm arising from false arrests, searches, libel, and slander), injury or death to
persons arising out of the negligence of Customer or its directors, officers, agents or employees,'while such person,is acting within
scope of his employment.
9. DEFAULT. In the event of the default of the Customer in the payment of any amount due and payable to the Company the Company
hereunder or in performing or observing any other agreement or condition of this Agreement on the Customer's part to be performed
or observed, and if such default shall not have been cured by the Customer within five (5) days after written notice thereof from the
Company to the Customer, the Company may employ an attorney to enforce any provision of this Agreement, including the collection
of any amount due and payble to the Company hereunder, the Customer agrees to pay to the Company in full amount of the attorney's
fees incurred by the Company in connection therewith as well as all other costs and expenses incurred by the Company in connection
therewith as well as all other costs and expenses incurred by the Company in connection with such enforcement of this Agreement. The
rights of the Company to recover all amounts due and payable to it hereunder, including attorney's fees, shall survive the termination
of the Agreement by the Company as provided above. The rights and remedies to which the Company may be entitled, either by law
or by this Agreement, are cumulative and the exercise of any one of them shall not impair the Company's right to exercise any other of them.
10. BANKRUPTCY. If voluntary bankruptcy proceedings be instituted by the Customer or if proceedings be instituted by anyone else to
adjudge the Customer a bankrupt, or if the customer makes an assignment for thq benefit of creditor, or if the interest of the Customer
in this Agreement passes by operation of law to any person other than the Custome}, tb($.Agreernent may, at the option of the company,
be terminated by written notice to the Customer.
11. NOTICE. Any notice required or permitted hereunder shall be in writing and shall be delivered in person or sent by certified or registered
mail, postage prepaid, addressed to the party to receive same at the address )f such party shown below or such other address as such
party may hereafter designate to the other in writing.
12. LIMITATION UPON ASSIGNMENT. The _ustomer shall not have any right to assign this agreement or to assign any rights arising
under or to allow the same to be assigned by operation of law or otherwisr� without the prior written consent of the Company.
13. AMENDMENT. This Agreement constitutes the entire agreement between the Company and the Customer and cannot be altered, changed
or amended except by a written instrument signed by both of such parties.
14. MISCELLANEOUS. 'This Agreement shall bind and insure to the benefit of' the Company and the Customer and their respective heirs,
executors, administrator;, successors, and except as other wise provided in the Agreement, their respective assigns. In the event any provi-
sion of the Agreement if found contrary to law, such provision shall be either modified to conform to law or considered severable with
the remaining provisions hereof continuing in ull force and effect. The paragraph captions used herein are for convenience only and
not be deemed to have been included for any other purpose.
EXECUTED in multiple counterparts the day and year irst above written.
Customer: _._ ._-----... -- ---_ _-- Company: ..
Ad•Jr ss----------------- -- --- ---__ Address __._—_..
By---- --- — -- --- --- — - --- __ _ - — -- -- — 13 y --- -----
iii to Title
SUGGESTED BY: Administrati___
City of Kenai
RESOLUTION NO. 92-57
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA,
DESIGNATING LEGAL SECRETARY SHERYL PAULSEN AS DEPUTY CITY CLERK.
WHEREAS, KMC 1.25.030(a) allows, by resolution of the Council,
for* the designation of a Deputy City Clerk to perform the duties
of the office of City Clerk in the event the City Clerk is not
available; and,
WHEREAS, the Legal Secretary position has, in the past, been the
designee of this position due to the functions of her position;
and,
WHEREAS, Sheryl Paulsen is the Legal -secretary for the City of
Kenai.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA, that Sheryl Paulsen be designated as the Deputy
City Clerk.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day
of August, 1992.
John J. Williams, Mayor
ATTEST:
Carol L. Freas, City Clerk
(8/12/92)
clf
MEMORANDUM
DATE: AUGUST 13, 1992
TO: CHARLES BROWN
FROM: JACK LA SHOT
RE: FLOOD LIGHTS AT AIRPORT TRIANGLE
Attached is .a proposal to install three flood lights to illuminate
the flag poles and airplane at the triangle. HEA has extended
power across the street. Funds for HEA were taken from last year's
Park's budget, however, apparently no funds are available for light
installation.
Su(jgested by: Mayor Williams
City of Kenai
RESOLUTION NO. 92--58
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA TRANSFERRING
$1,920 IN THE GENERAL FUND FOR INSTALLATION OF FLOOD LIGHTS AT THE
AIRPORT TRIANGLE PARK. '
WHEREAS, the City desires to install three flood lights to illuminate
the flagpoles and airplane at the Airport Triangle Park; and
WHEREAS, monies need to be transferred for this purchase.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, than the following budget transfers be made:
General Fund
From: Other - Contingency $1,920
TO: Parks - Repair and Maintenance $1,920
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of
August, 1992.
JOHN J. WILLIAMS, MAYOR
ATTEST:
Carol L. Freas, City Clerk
Approved by Finance:_;
(8/13/92)
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9. DEDICATION OF NET PROCEEDS. Before a permlican be granted, the organization must plan to use the net proceeds from gaming activltles for the award[ iq of orizw�.
and for political, education, civic, public, charitable, patriotic or religious uses IN ALASKA. (See instructions for specific rules on how proceeds can and cannot be spent
I n the space below, tell how your organization plans to use the net proceeds from the gaming activities (e.g., scholarships, medical assistance, food baskets for neecy.
firefighting equipment). Be specific
10 PERSON IN CHARGE OF GAMES. This person must be a bona fbde and active member of the qualified organization, or an employee of the munidpality. Thls person Is
responsible for maintaining the records and preparing all the required reports. An afternate member must be designated as the responsible person during the absence or
the primary member In charge. If more than one alternate Is to be designated, attach a separate sheet and provide the required Information asked for on this page for each.
If any primary or aftemate member In charge changes during the calendar year, you are required to notify the Department of the new person(s). Submit a copy of the board
resolution or minutes of meetings appointing the primary member and giving authority to the primary member In charge to sign the application on behalf of
the organization.
A. PRIMARY
S. ALTERNATE
Name _
Daytime Telephone No.
c10 7_ - -pt F3 -Fe, 7
Name
Daytime Telephone No _
Mailing Addr5ps Social Security No.
'J L -
Melling Address
Social Security No,
City, state, zip code
iK q 9G//
rime
rms.
city, state, zip code ;rte Cfi
11, LOCATION OF ACTIVITIES. Specify where the Monte Carlo games will be conducted. It this location changes, you must notify both the Department of Commerce and
_ Economic Development and the local government within 10 days.
Na•ne and Street Address of Promises lEI% r) 01g 7>con,�t Person Daytime Telephone No. of Pmrnises —,
12, OPERATOR (if any). If an operator Is employed to conduct the Monte Carlo gaming activr les, you must provide a copy of the contract with the operator to the I:Mrpanmen?
of Commerce and Economk-, Development at least 15 days before activities commence. `%ou may contract with only one operator at a time. The member who ras bean
designated above as the person In charge of the games Is responsible for monitoring the operator's performance. m
Name of Llcensecd Opg�rator Copy of Contrect with Operate,
/�� vuG( G' ❑ Is attached. ❑ WIII be sent by certified mall no later than 15 days before the
L.. „t 7 1 �. CliL ( L - activities are conducted.
13. THESE QUESTIONS MUST BE ANSWERED.
YES NO
J A. Has any person -Isted In 10 or 12 atrjve ever been convicted of, or on parole for a felony within the preceding five years In any stale, territory, or foreig
country'?
U B. Has any person listed In 10 or 12 above ever been convicted of a crime involving theft or dishonesty, or ever been convicted of a violoWn if env
state of a municipal, state or federal gambling law?
U C. WIII any person listed In 10 or 12 above receive compensation of any Kind from the receipts of the gaming activities? If yes, explain.
14. SIGNATURE. This appik atlon must be signed by the primary person in charge of games listed In 10A above. CAUTION: A photocopied signature will not be
accepted. Make sure that the original signed application Is filed with the Department of Commerce and Economic Development. Submit a copy of the board resolution or
minutes of meetings giving authority to the primary member In charge to sign the application on behalf of the organization.
I declare under penalty of unswom falsification that I nave examined this application, Including any attachment, and that to the best of my knowledge and belief It Is true anc complete.
understand that any false statement made on this application is punishable by law. 1 further declare that two copies of this application have been delivered to the nearest city or
ocrough office for review.
E;gnamre Printed Name Date
15. APPROVAL REQUIRED BY LOCAL LAW ENFORCEMENT AGENCY. Before filing your appllratlon, you must have It approved by the law enforcement agency whk;h
has Jurisdiction over the location of the proposed activity. The statement below must be signed before a permit can be Issued.
Ne approved the schedule of Monte Carlo activities as speciti on this application.
E,Ignature of Law fo Agency Oftk al Date �f I T
_ �J � y
Printed Name bf P Who�S led Above j Tit os ion Name f Law E oro en gency
i S. CITY OR BOROUGH RESPONSE TO APPLICATION. You must submit two copies of this application to the city or borough nearest to the location of the proposed gaming
activities. Proof of 611ng must accompany this application. See Instructions. To speed orocessing, please have the appropriate local government official Indicate by
signature below, the community's approval of or objection to the permit. CAUTION: If this section is not completed, the processing will be delayed 15 days to alk,w the city
or borough time to respond to This aviollcstlon.
l-HIS APPLICATION HAS LOCAL GOVERNMENT APPROVAL: J 'YES J NO (Attach explanatlor, of oblection)
Signature of Loral Government Officis ( T reltl-, ,
Dale I Printed Name of Person Who Signed
NOTICE: ANY FALSE STATEMENT MADE ON THIS APPLICATION IS PUNISHABLE BY LAW.
(2)
— � Telephone Nuntar-f
''S-4047 (Rev. 91911
AlaskaDepartment
ev Commerce Games of Chance and Contests of Skill ,
andox1108loDevektpment MONTE CARLO PERMIT APPLICATION
DMslon of Occupational Licensing
P.O. Box t 10806
Juneau. AK99811-0806 AS 05.15.100
Please read the instructions before completing this application.
All sections of the application must be completed
1. NAME OF ORGANIZATION
6A. RENEWAL APPLICATION
Most Recent Year
Permit Number. Issued:
ATTACH the following A OUIRED Items:
Mailing Address
❑ Current Alaska membership list (must have at least 25 members)
J� _,�y� f
/
❑ Copy of amendments to articles of incorporation and bylaws, If any; include copy
of certificate
of compllance, amendment and certificate of amendmew,
Incorporation/reinstatement.
State, Zip Code
-"��'!TY'r----------
❑ Board resolution or minutes appointing the primary member (see Instuctions)
❑ Proof of filing the application with the nearest city or borough (see Instructions).
❑ Claming chedking account number, bank name, address and telephone number
_--
2. TYPE OF ORGANIZATION
2. EVENT SCHEDULE. During the cal-
Check one box. For definitions see
ender year, you may apply for either
AS 05,15.210 and 15 AAC 105.010
one permit for an event lasting no
68. NEW APPLICATION _
—.160.
more then three oonsecutivedays,or
for up to three permits for events
Number of ears organization has been in existence In Alaska:
Y r9
❑ e. Charitable
❑ b. Civic Service
lasting no more than onedey each. A
"day" Is,
.—
/Attach the following required Rams:
or
❑ c. Dog Mushers' Association
any consecutive 24-hour
period. You may apply for only one
e Current Alaska membership list (must have at least 25 members)
F?l Cadillac! true copy of articles of Incorporation,
❑ d. Educational
'event* on this application.
a copy of the cHrttlicate of
compliance and a copy of bylaws and national and state charters.
❑ e. Fishing Derby Association
12Copy of IRS certificate or tax letter or tax exemption Issued to nonporfl! orgeni, a
❑ f. Fraternal
BEGINNING ENDING
tions. If appikable.
❑ g. Labor
DATE DATE
71ocumentabon showing organization has been In existence In Alaska Ihrea veers
❑ h. Municipality
❑ I. Nonprofit Trade Association
Ir->-`
or more (e.g. bank statements, correspondence to the organization, receipts !or
services rendered
❑ J. Outboard Motor Association
_�7�L��
or supplied, etc.).
❑ Board resolution or minutes appointing the primary member In charge of games
❑ k. Police or Fire Department
ACTUAL HOURS OF OPERATION
(see Instructions).
and Company
FROM TO
❑ Proof of flung the application with the nearest city or borough (see Instii)dions)
❑ I, Political
�/� �7
Name and mailing address of National Organization (It applicable):
❑ m. Religious/
T —
n. Veterans
/O
I`�4 A� N2ED AS:
-----
`7A ACTUAL 1990 GROSS RECEIPTS
FROM ALL GAMING ACTIVITIES $ `f ei
78. FEE. Check the appropriate box and enclose the correct amount.
❑ Corporation
❑ Public ❑ Private
—
!f GROSS receipts from all
ESTIMATED 1992 GROSS
RECEIPTS
f'f
❑ Palnershlp I
❑ Association
(including bingo, pull -tabs, etc.) 1991 The r the
gaming activities were: per nit fee <:
❑ $0 - $19,999; or If you are a New Applicant ............... . _ $20,00
_ ��� 4aci
❑ $20,000 - $99.999...................................................................... $50.C10
13$100,000
�.
or more ...... __ ............................................................... S100,G0
S. LOCAL OFFICERS (must be current
bond fide members In good standing)
k
NAME TITLE SOCIAL SECURITY NUMBER DAYTIME TELEPHONE NUMBER 1
---. �� LL e.
FOR DEPARTMENT OF COMMERCE AND ECONOMIC DEVELOPMENT USE ONLY Data of Receipt Stamp
Permit Number
Dels of Issue
Interim Financial Statement ❑ Yes ❑ No
Financial Statement: ❑ Yea ❑ No ❑ New
NOTICE: GAMING ACTIVITIES MAY NOT BE CONDUCTED UNTIL THE PERMIT IS ISSED.
(1)
08-4047 (Rev "I)
enai Command y-.i&azy
A PUBLIC LIBRARY IN SERVICE SINCE 1949
163 MAIN STREET LOOP
KENAI, ALASKA 99611
Library Cards Issued July 992
Kenai
56
Anchorage
3
Kasilof
5
Nikiski
15
Soldotna
42
Sterling
1
Other
75
197
Library Patronage .. 8,026 Persons
r
enai. CornmaniEq azy
A PUBLIC LIBRARY IN SERVICE SINCE 1949
163 MAIN STREET LOOP
KENAI, ALASKA 99611
REPORT FOR THE MONTH OF JULY, 1992
Circulation Adult Juvenile Easy Books
Fiction 2120 9?1 1710
Non -Fiction 1880 303 482
Periodicals 46
Kits Puzzles Phonodiscs Cassettes Videos Misc.
4 10 9 83 280 17
Total Printed Material 7512
Total. Circulation .. 7915
Additions Docs Adult Juvenile Easy Books AV
Gifts 19 30 18 45 1
Purchases 171 36 32 8
Total Additions .. 360
Interlibrary Loans Ordered Received Returned
Books 61 51 55
Interlibrary Loans by our Library .. 34
Volunteers
Number .. 36 Total Hours .. 473
Income
Fines and Sale Books 916.90
Lost or damaged Books 119.10
Xerox 338.25
Donations 35.00
Total Income for July, 1992 .. $1,409.25
FITNESS CENTER
AL4SKA August 4, 1992
(907) 283-8001
P O. Box 7539 Nikiski. Alaska 99635
To the Kenai Parks & Recreation Committee,
This letter is about the possibility of creating the position of
program coordinator for an aerobics program at the Kenai Rec
Center.
According to Bob Frates, Pam Smalley is agitating to create such
a position, and to have it staffed by her close friend, Cheri
Woods. How much is truth, and how much is rumor, we cannot at
this time determine. However, we would like to state our
objection to the creation of this position. We object for the
following reasons:
1. Government in general is best confined to providing those
services that the private sector cannot.
Government is an unfair competitor. Its ability to tax us to
fund our competitors, puts us at a disadvantage. Its ability
to engage in predatory pricing, drains business from us.
Its ability to pay higher than market rates for its help,
soak up scarce aerobics instructors. When government goes
into business, it places the business risk of failure on all
the taxpayers, and retains the business reward of success to
the few who benefit. The failure of a private business,
however traumatic for those involved, is only a one-time
loss. The failure of government business is seldom
recognized. It is merely funded forevermore.
2. Government has a fairly bad reputation. Sure, everybody
loves whatever freebies they get, but what kind of public
image does it have regarding honesty, efficiency, and
innovation? In these times of shrinking budgets, it's doubly
important that government agencies concentrate on their
vital functions, and stay away from areas that the market is
quite able to provide.
3. The staffing of this position reeks of the patronage that
detracts from government's reputation. Doubtlessly, on the
surface, the filling of this position would be accompanied
by scrutiny of the qualification of applicants. And Cheri
Woods would certainly be highly qualified for the position.
However, the lobbying by Pam Smalley and Cheri Woods for
this position is a most blatant example of individuals
pursuing; their private interests at thL expense of all
taxpayers.
CITY OF KENAI 'D
210 Fidalgo Avenue
33 1 (' 11 N 'T I: ti N I A 1. Kenai, Alaska 99611
Ly,ye&0 aP til;ra,&ta fate TELEPHONE 283-7535
FAX 907-283-3014
MEMORANDUM
DATE: AUGUST 12, 1992
TO. MAYOR JOHN WILLIAMS
KENAI CITY COUNCIL
FROM: PARKS AND REC COMMISSION
LORETTA HARVEY, ADMINISTRATIVE ASSISTANT
RE: PARKS AND REC COMMISSION MEETING
Their was no quorum at the August llth, Parks and Rec Commission
meeting. The members that attended discussed the letter from The
Fitness Center of Alaska regarding the position of program
coordinator for an aerobics program at the Rec Center (attached).
Their recommendation to Council was to not create such a position
for the Kenai Rec Center.
4. Kayo McGillivray apparently is an "old friend" of Cheri's.
Can an "old friend" really be expected to make an objective
decision, in the best interests of all the taxpayers, under
such circumstances? Possibly yes, but it would be hard. The
concept of conflict of interest lets honorable people stay
away from decisions that have nothing more than the
appearance of impropriety..
5. It so happens that we purchased shares of the Fitness Center
of Alaska from Mike and Cheri Woods in May of this yeae.
Part of our understanding with them was that they wer,- not
guing to get back into the aerobics instructing business.
Unfortunately, prior to getting such an agreement in
writing, significant irregularities surfaced regarding the
prior management of the funds of the Fitness Center. Said
irregularities have triggered a criminal investigation. and
civil litigation is being prepared by both sides. For the
Woods to have so quickly sought refuge in the Rec Center,
leads us to believe that there was fraudulent intent on
their part from the very beginning. It's a nasty affair• for
all involved. Does the Rec Center really want to have
anything to do with this?
In addition to our concern regarding the creation of the aerobics
coordinator position, we would also like to address the issue of
private, for -profit use of the Rec Center. It seems that the
facility has been rented to anybody who cared to rent it in the
past. Renter was then free to charge for his or her services.
Allowing the Rec Center to be used for profit -making uses, is
another form of government competing with private enterprise.,. We
would like to take this opportunity to express our objection to
this practice. William Brighton stated to us that the issue has
never come up in the past, and the Kenai City ordinances do not
seem to address it either. Nevertheless, we believe that it would
be good policy for the Parks Ec Recreation Dept. to adopt a policy
prohibiting use of the Rec Center for private, for -profit,
activities.
Although we are not city residents, the bulk of our customers
are, and the bulk of our purchasing is done there. Ours is a
family business that supports us and our four children. Our
aerobics classes are an integral part of our business strategy,
and we could scarcely afford to abandon them. Our company
provides a valuable resource for the community, that would be
difficult to replace. We pay our share of the taxes that support
the city, considering the services non-residents receive, and
believe we should have some input into their disbursement. If you
have any questions, please feel free to call.
Sincerely
Thomas F. Radloff, Treasurer
Fitness Center of Alaska
KENAI PLANNING AND
July 22, 1992
Page 2
MOTION AND VOTE:
ZONING COMMISSION
Glick moved approval of Resolution 92-20: Preliminary plat
for FBO Subdivision. Scott Seconded.
MOTION PASSED UNANIMOUSLY.
b. Resolution P2 92-21: Beaver Creek Estates
Graveley asked for additional staff comments on plat. Hearing
none, he asked that the item be brought forth for discussion.
MOTION:
Scott moved approval of preliminary plat - Beaver Creek
Estates., Glick seconded.
Graveley asked Howard Hackney, if the owners of the property build
on these new lots, would there be room for setbacks as required by
the city?
Hackney said yes.
VOTE:
MOTION PASSED UNANIMOUSLY.
C. Vacation - Caro S/D
La Shot noted the administrative comments in the packet which were:
Public works sees no need to retain these easements. The City
obtained new right-of-way to construct the Southerly portion. of
South Ames in a different alignment. Another section line easement
exists just to the south of the subject easement, providing creek
access.
MOTION:
Scott moved approval of section line easement between South Ames
Road and the slough at the SE corner of Lot 1, Caro Subdivision.
Glick seconded.
MOTION PASSED UNANIMOUSLY.
July 22, 1992 - 7:00 P.M.
City Hall Council Chambers
Chairman Art Graveley
****MINUTES****
1. ROLL CALL
Commissioners
Present: Duane Bannock, Carl Glick, Kathy Scott,
Art Graveley
Absent: Phil Bryson, Bernard Landeis, Saylor Rehm
Also present: Jack La Shot, Cary Graves, Howard Hackney,
Councilman Hal Smalley, Loretta Harvey
2. APPROVAL OF AGENDA
Graveley requested an addition to the agenda under Item 4. Planning
e. Mission Street Improvements.
MOTION AND VOTE:
Scott moved approval of agenda as amended. Glick seconded.
Graveley asked for unanimous consent. So moved.
3. APPROVAL OF MINUTES - July 8, 1992
Scott asked for correction on page 2. under vote on Resolution PZ
92-19 Conditional Use Permit Extraction of Natural Resources.
Amendment should have been voted on first and vote should be shown
on main motion.
Glick moved approval of minutes as amended. Scott seconded.
Minutes approved by unanimous consent.
4._ PLANNING
a. Resolution PZ 92-20: FBO Subdivision
La Shot reported that this was an addition to the present Flight
Service Station property so they can place another antennae.
The present lease with FAA will be amended.
KENAI PLANNING AND ZONING COMMISSION
July 22, 1992
Page 4
Townsite Historic Task Force could attend.
The Commission concurred that the Task Force should set the meeting
date for the public hearing concerning Mission Street improvements.
5. PERSONS PRESENT SCHEDULED TO BE HEARD
6. PUBLIC HEARINGS
a. Resolution PZ 92-22: Conditional Use Permit (CUP)
Fosters Guide Service/RV Park
La Shot introduced the item as; a conditional use permit application
submitted by the Fosters for Lot 39, Block 1 on Angler Drive. The
area is zoned rural residential and there is currently an existing
conditional use permit for a guide service.
Graveley opened the meeting to public hearing. He asked that
public members keep their comments addressed to the Commission and
to the issue.
PUBLIC HEARING - Verbatim
Jim Richardson, 1015 Angler Drive, Mr. Chairman, Commission
members, my name is Jim Richardson, y own the property at 1015
Anger Drive, directly to the :south of Foster's property. And I am
testifying against issuance of the conditional use permit (CUP).
Many of our reasons for requesting denial of this permit were
outlined in a letter from Peter Thompson and myself. In it, we've
indicated why this proposal is unsuitable. Problems with the
conditional use application,, violations of conditions of the
existing permit and the fact that the applicant has other
reasonable alternatives for the operation. We purchased our place
in 1989 as a place we want to live. We have a family homestead
cabin which was built in 1958. We stay there as much as we can
four seasons out of the year and hope to live here full time as
soon as out job situation allows.
I'd first like to review some of the activities that have occurred
on the property. The phrase, overnight RV parking does not
adequately address the full range of activities that have been
occurring. The property is long and narrow. It is about 492 feet
by 110 feet, 77 feet there is usable, 33 feet is public section
line easement. In 1989, two trailers, two mobile homes were moved
onto the property and they've been there ever since. In 1990 a
third mobile home was moved onto the property, it remained there
approximately two years and was taken out this spring. There is
another gravel parking area and for the past couple of years we've
KENAI PLANNING AND ZONING COMMISSION
July 22, 1992
Page 3
d. Development Townsite Historic Zone - Kenai Pawn Shop
La Shot reported that the applicant planned to expand his present
building. Since this expansion required a building permit, the
Commission needed to review the project before a permit could be
issued.
Graveley asked the applicant, when he planned to begin the
expansion, if the application was approved by the Commission.
Craig Rice, applicant, said he wanted to start the project as soon
as possible.
MOTION:
Bannock moved to approve development in Townsite Historic zone for
Kenai Pawn. Glick seconded.
Bannock, said he supported the expansion, "but because the
Commission has poured over this ordinance so much, my comments are
conveyed into the record more to point out the inadequacies of the
ordinance, as written." It was his opinion that the Commission
should not take action, as long as the Building Official was
willing to give the applicant a building permit, they be allowed to
construct. Hopefully this will send a strong signal to the
Townsite Historic Task Force in regards to their rewrite of the
ordinance.
Smalley said that the ordinance was written so any development in
TSH would come before the Commission. The Task Force has been
established to rewrite the ordinance, not review these
developments.
Graveley said he agreed with Mr. Bannock but felt that this
application fell within the criteria for development in Townsite
Historic Zone.
VOTE:
Bannock: Yes Glick: Yes Graveley: Yes Scott: Yes
MOTION PASSED UNANIMOUSLY.
e. Mission Street Improvements •- Set Work Session
La Shot explained that copies of the preliminary plan were
available for Commissioners review. The Mayor had asked that the
Commission set a public meeting, sometime after August 4th so the
KENAI PLANNING AND ZONING COMMISSION
July 22, 1992
Page 6
permission to go ahead and turn it into an RV park. That still
hasn't been done. I can't see when we're in the middle of one
project, which should suffice, and supply and satiate, the need for
places to park RVs, why they would want to go on this small site to
do it. With the easement that's there, it's just not a practical
proposition for anybody. Thank you.
Chairman Graveley, thank you Mr. Thomson.
Marilyn Johnson, 1025 Angler Drive, Thank you for allowing me the
chance to speak. My name is Marilyn Johnson, I live at 1025 Angler
Drive, which is the property that joins Jim Richardson's, it is
approximately 100 feet away from the property which is being
discussed this evening. Since you'll be hearing from other people
and we do have a letter on file, both my husband, Ralph Van
Dusseldorp and I have written to you about this plan, I'm going to
really address one issue.
I've been a resident of the state for approximately twenty years,
recently retired from the University of Alaska. In the process of
preparing for our retirement, mine just. a year ago, we did alot of
investigation about where we would like to live in the State. We
own property in the Kenai, or excuse me, in the Mat -Su Borough, for
some time and thought we wanted to develop there. But what we saw
happen in Mat -Su was alot of violations of zoning and planning, and
so alot of trailers in the area that we had originally purchased.
Finally, we chose to rent for a year, rented in the Kenai Borough
for a year, to check out all the property that we could, and to
find out as much about it as we could. That allowed us a chance to
look all over the area, particularly in Soldotna, and Kenai and
finally came across the property along Beaver Creek on Angler Drive
that really fit our unique living requirements. I feel, you know,
at this point:, somewhat betrayed by tre Planning and Zoning. In
other property we looked at, we carefTully checked out the zoning
permits. With rural residential we thcught we were protected from
some of the ::situations that are happening now, very, very close to
US.
In recent weeks, we have had people walk through our property to
check out our house, looking in our windows, assuming nobody was
home. We, if I stand on our back porch, I now hear generators
at night, that are from the two vehicles that Jim Richardson has
already mentioned that have been there for about a month. It has
certainly changed the quality of living that we have now in the
area. It seems to me that with the award that Kenai recently
received, as an All. American City, it'd be to your benefit to look
at things su�:::h as this permit. That car change awfully fast, and
KENAI PLANNING AND ZONING COMMISSION
July 22, 1992
Page 5
had. one or more trailers or mobile home occasionally using that for
shorter periods. On the northern side of the lot, a gravel pad was
constructed this mid -May and an RV camper was located on there, at
that time and it's been there ever since.
About the week of the 25th of June this year, the Fosters built
four additional gravel pads, on the property. There have been
several RVs parked on their property, two have been there for
almost a month now. I passed out some pictures taken from my
property last weekend. These pictures clearly show there is no
buffer between this property and mine. What we see is, we see what
they're doing, we hear what they're doing, we're subjected to
noise, trespass, and visual intrusion.
Without any permits, the Fosters have developed and operate a 9
unit mobile home/RV park on this small residential lot, that will
have a density in terms of people per acre, three times that of the
RV park being developed in their gravel pit. These activities are
clearly not suitable or in character with the existing residential
uses of the area. I asked you to imagine how we feel waking up one
morning and having an RV park located right next door to use.
Thank you for the opportunity to testify, I would be happy to
answer any questions that you might have.
Chairman Graveley, does anyone from the Commission have questions
for Mr. Richardson? Thank you Mr. Richardson.
Jim Richardson, thank you.
Peter Thomson, I'm the co-signer of the letter, you have on file
now,, with Jim Richardson. For the same reasons outlined, as Jim
Richardson just. said, I object to the permit being issued, for
exactly the same reasons. This evening, I think you guys approved
for us to split a lot, there's a vacation of a lot and there's two
other houses, or three other houses, we would like to build there.
The owners, or prospective owners of these houses, are here this
evening. We're going to be putting in three quarters of a million
dollars worth of property there, so I think it will have an adverse
impact on the property value. I think it will have an adverse
impact on the living quality down there.
On the original permit, I think that was granted in 1987 or 1986 to
the Fosters, the understanding would be that there would be a
couple or three boats there. On Sunday there was seven boats tied
up at that docks, with the associated traffic of seven boats. I
just feel, that it's not in keeping with the neighborhood, how it
is, and how people would like to see it. Fosters have a big gravel
pit there now, I believe again, two years ago they were given
KENAI PLANNING AND ZONING COMMISSION
July 22, 1992
Page 8
would like to live 100 feet from an RV park? Thank you sir.
Bill Bryant, 272 Charity Circle, Soldotna, my name is Bill Bryant,
I recently purchased the property north, with Peter Thompson, that
you previously reviewed tonight. And, huh, my concern is the same
as everybody else. We plan on building a house down there. I've
lived around here for 26 years, and we've been looking for a piece
or property :for a long time. This could definitely change the area
down there and I would just like to, I think the RV park would
definitely hurt my property value and everybody else along with all
the other things that everybody else has brought up tonight.
I'd like to thank you for your time.
Commissioner Bannock, in your letter, I would direct a couple of
questions to Mr. Richardson and you, since you both have the same
line. Operating of one or more commercial activities associated
with Foster's floating dock on Beaver Creek without a conditional
use permit. If one of those, operation of one or more commercial
activities, I'm sure that one of them is Altland Guides, since
there is a sign up. Is there any others?
Bill Bryant, no, not that I'm aware of right now.
Commissioner Bannock, perhaps, Mr. Chairman, if I could ask Mr.
Richardson that same question, because that's on his letter as
well.
Chairman Graveley yes sir.
Jim Richardson can you tell me, we have three items listed, in an
area zoned rural residential. One or more commercial activities,
excluding the Altland Guides, which I know is going on down there,
is there any other commercial activities involved in Foster's
floating dock?
I believe the lane on that, is from my initial letter to the City
Manager, as required to file an initial complaint. I asked the
Planning Department to do research rather there were any CUPS, and
the answer I _got back initially was that: there were no CUPS, at all
on the property. I really have no knowledge just from being a
neighbor, there are somewhere between three and seven boats tied to
the dock there. As far as I know only .one of those boats is owned
by one of the members, one of the owners of the property. As to
what other. I:)usiness activities are going on there, I have no
knowledge.
KENAI PLANNING AND ZONING COMMISSION
July 22, 1992
Page 7
I think we stand right now at a crossroads in this community
between a very nice environment to live in and one that can look
very shabby, very quickly. Thank you.
Chairman Gravely, thank you Mrs. Johnson.
Ralph Van Dusseldorp, Mr. Chairman, members of the Commission, as
usual I follow my wife. My name is Ralph Van Dusseldorp, I also
live at 1025 Angler Drive, as she mentioned, this is just a little
over 100 feet from the proposed RV park. We have, when we
purchased this, we checked the zoning very carefully, this is
zoned, was and still is zoned rural residential. This is the kind
of area we expected to live in, in our retirement. In order for
this to be approved, according to the City code, this has to be
compatible with other development in the area.
I :submit that an RV park is, in no way, compatible with the
residential area. It's been suggested that this is just an
amendment to prior approval for a guide service. I my opinion, an
RV park is entirely different then a guide business, an RV park
brings all kinds of problems.
There are alot of things I could talk about that could happen in
the future if this is approved. I'd like to talk a minute about
what has already happened. There's a mobile home on the lot that's
been there for quite some time (inaudible). There are currently
two recreational vehicles with California license plates. The
pickup camper is dumping sewage into the little creek that flows
into Beaver Creek which in turn flows into the Kenai River. I used
to clean and wash my fish in Beaver Creek. Now I don't do it
anymore, I don't want to wash my fish in a, a stream polluted by
waste. We can see both California RVs from our porch and from our
windows. We hear their generators running at night. We have
people walk through our yard, and I expect that they don't think
anyone is there during the day, or perhaps, it's the nature of
tourists to :Look around the area. But it's very, very intrusive to
have people walk around your yard and (inaudible), and I have in
the past. I am afraid. I can no longer do that kind of thing.
We're going to have to put up shades and lock everything up.
That's already, of course, happened. If this is approved, there
will be more and more people, more and more RVs, and things will
get a great deal worse. It's interesting to me the fact that
they've already been operating illegally for some time. As I have
observed, this has happened so often in the past, people start an
illegal operation, they're caught, they apply for a conditional use
permit and it's appro%red. What I'd like to ask the Commission to
do, is to consider how each of you, when you vote, how each of you
KENAI PLANNING AND ZONING COMMISSION
July 22, 1992
Page 10
also. We have some very good quality neighbors next to our
property. Any time I do any kind of activity down there I like to
touch base with my neighbors and ask them what their feelings are.
Is it something that's going to disturb them? We've dealt with
timewise where people have to have kinda a lights out attitude down
at our places. No noise and its mandatory if there are any
problems at all they will be asked to leave.
We try to run a service that will set forth a good feeling with the
people who live there. The people who come that are going to spend
some money. We have a good quality of people, we have a good
quality of what our rooms are. I had property, I had two lots over
at Poacher's Cove, and. in 187 is when I made the transaction to
take over this property that I'm on now. The reason being is
because I went over and looked at that and wouldn't have anything
to do with the thing. It was a low rent, low attitude, your RV's,
your campers, there were people throwing trash out, dumpsites,
motorcycles, four wheelers, three wheelers, people thrashing up and
down your yard with fishing poles and nets and hip boots flailing.
I wasn't looking for that as a.setting to invest money in our city,
to invest my time. Too also, to have the experience, not just for
myself, but I: have a five year old, for the future that I want him
to be able to appreciate what there is to give here.
The issue has been brought up about property values. When 1 built
my house here recently, one of the biggest things I had to deal
with was the appraiser coming to do an appraisal on our place
because there were farm homes built so close to our house our
appraisal was in jeopardy. And we couldn't get the appraisal we
needed to finish our house because of that fact. And these people
who are building new houses down there who are trying to invest and
to keep a good quality home for themselves, standard of living,
they're going to have a heck of a time trying to get the money when
there's RV parks right next to them.
I was against the RV to start with at the gravel pit, that was back
at, I think, 188. We fought heavily because Fosters wanted to put
in a boat launch, wanted to put in a canal tie in to the big pond
they were gonna try to put in down at the gravel pit. They had
some grandiose ideas to turn the whole thing around and make it
another Poacher's Cove. Which, if you look at Poacher's Cove, it's
a polluted hole, a polluted setting. People go there and they have
no respect for what the setting is. It's just something that is
used and abused. They leave it in two months time. They don't
care what the setting is like.. There isn't any houses down there,
except for mobile homes and RVs. With that whole radius down
there, it's not just people talking, it:•'s the actual way it i:.
KENAI PLANNING AND ZONING COMMISSION
July 22, 1992
Page 9
Peter Thomson, there is another boat down there, and I don't know
if its still being used as a guide boat. I do know that two years
ago it was used as a guide boat, but I don't know what the
situation is now, it may still be being used as a guide boat.
Gordan Sledge 1235 Angler Drive, my name is Gordan Sledge and I
live at 1235 Angler Drive. And I've been against what Fosters are
trying to do for two years. I was against their original RV park
and it's showing up that my reasons for being against it are
turning out right. This thing isn't going to get any better, it's
gonna get worse unless there is a stop put to this right now.
Because before long, if this thing continues, we're going to have
another Poacher's Cove down on Angler's Drive and I sure as hell
don't want that.
Because for the same reason that Ralph and Marilyn retired there,
my wife and I retired there too. And two years ago I wrote a
letter to this Commission, which was read here to this Commission.
It seemed to be the one that everybody took to read, and I state in
there all the reasons for retiring there, wildlife, quietness of
it, the beauty and in the past six years, since we retired there
six years ago, that has changed considerably. Much, much more
traffic on the road, people who come in and out and do not live
there and could care less about the dust and the noise that they
make.
Here, about three weeks ago I had some kid come tearing in my
driveway with a motorcycle and I just happened to be standing at
the window looking at him, and when he saw me he just stopped
waved, and turned around and left, no problem. I've had people
walk through the property and I stepped out and asked them, "Can I
help you"? And they look at me like who the hell are you, you
know, do you own this place or something? And that's the kind of
thing we have to put up with and I don't like it and if we have any
rights at all, the people who live there, I think it's about time
we started getting some of those rights. That's all I have to say.
Will Jahrig, 491 Bridge Access Road, Kenai, good evening, thanks
for the time here to voice our opinion. I do not live directly
down on Angler's Drive. My name is Will Jahrig and I live at 491
Bridge Access but we have three cabins down at 1215 Angler's Drive
and when we started down there there wasn't very much going on
besides myself for commercial activities except for Cook's Guide
Service at the time. I looked at it the same intent as the other
people, I wanted to put .in a good quality service. I wanted to put
in a good quality family attitude, where people could come here and
really appreciate the setting, get a good quality Alaskan
appreciation for the fishing, for the wildlife, for our neighbors
KENAI PLANNING AND ZONING COMMISSION
July 22, 1992
Page 12
of the fecal counts to be up. And that's a shame that we would
have a nice body of water, a canal area, that's a very slow moving
body of water to be contaminated like this.
And, I just want: to say, from my own perspective, that its just not
a rental unit for us, it's our family enjoyment in the evenings.
We have very good friends that come down and use the place also and
we would like to keep the setting, for more of a pristine Alaska
setting, then just a stop off for a bunch of RV parks. I think if
we allow this to happen we're setting a precedent for alot of other
areas to open up as RV parks. And I think that the city has turned
that away as being a viable business proposition. Just anywhere
that you would want to put an RV or mobile home, to keep that area
where it can be more conducive to uses. So I thank you very much
for the time.
Chairman Graveley, are there any others who would like to speak on
the Conditional Use Permit for Fosters?
Steve Faster, my name is Steve Foster, address is Box 303 Soldotna,
that piece of property is a, owned by myself and my two brothers.
Between the three of us we own four camp trailers. If they wish to
call them mobile homes, but, I suppose there's a, you gotta draw a
line between them somewhere. We call 'em RVs. Yes, one of them
has been there since we purchased the lot, it's owned by my brother
Gary. And it's hooked up to a septic system, a leach field.
Everything is hooked up to a septic tank and a leach field. The
idea that there's raw sewage going into the creek is just another
ludicrous statement by these people, grasping at anything they can
to Justify their means.
We do have the intent to park. our RVs there. And we do wish to
park some relatives, that may come from California, some friends
that may come up. Right now the only business we have down there
is with A1tl.and Guides. He has a guide service operating off the
dock and we also have business with an associate worker who lives
in Anchorage and parks his boat there. So we have two paying
customers at the dock the rest. are either or friends, or our own.
And I'm, I was surprised that there would be this much objection.
We didn't intend too, we never have intended to put in a, what they
gall a high use RV park. I don't see that as possible with this
piece of property either. I dial want to spend some more time go7.ng
through those letters that you have to point out the truths and
half truths and the lies, but I'm not gonna spend that much time up
her. We are asking for approval of this permit to park our own Rvs
there. Friends and relatives that park there without pay. And if
we have a client that, cur guide has a client working off of that,
that is taking people off of that, dock, if they want to spend the
KENAI PLANNING AND ZONING COMMISSION
July 22, 1992
Page 11
Last year I pushed for the no -wake area on the Beaver Creek. And
we did get that through. The State Parks finally put up, setting
a no -wake area. So we're trying to keep it in that same attitude
for the usability of people. Trying to keep the traffic down from
disturbing the natural setting. The couple years, I think it was
either last year, or two years back prior to this. About six or
seven lots from 1215 Angler is our lot, somebody was trying to put
in an RV park there also and the City shut them down. For the same
reasons that we have right now. And just because the setting,
just, I don't think it fits the RV proposals. The people we get in
our cabins also state the fact that they really enjoy our cabins
because of the pristine, we have a couple of owls in residency
there.
We have moose, the calves going in there. And they'll still be
there with an RV park. That isn't the problem that I foresee.
What happens when somebody goes and starts throwing stones? People
who don't care, or the noise at night that disturbs the routine.
They will have a tendency to leave after a time of annoyance.
They, I know that these people come here and we have a good repeat
business. And the reason being is because its very quiet down
there, they can come and relax, they can take a breath of fresh air
and it's quiet. Ninety-nine percent of the time after 7:00 o'clock
there is no noise down there, there isn't anything going on where
there is a bunch of people running around jammed nine or ten deep
in va small acre lot. One of the other issues I wonder about is the
bed tax issue. We're going to be paying a bed tax next year.
Chairman Graveley, Mr. Jahrig that's getting off the topic of the
subject we are on discussion about tonight.
Will Jahrig, another item I wanted to point out I see more and
more of the RVs stayed anchored to the ground turn from RVs to
mobile homes. I'm totally against this. In our city we have a few
parks, mobile home parks, if they want to make a mobile home, go to
those places. Prior to doing the work that we did, down on our
places, I had acquired, all permits that were necessary through P&Z
and through other agencies. We have everything at hand before we
took upon ourselves to do any work down there. We were one of the
first ones to get a conditional use down there also.
Last. year, there was mentioned about dumping of sewage. This is
the first I've heard about it. They brought up a point last year
that the DEC and the State did a study of the Kenai River and they
went. through. and did fecal counts. The Kenai River was above fecal
count for human consumption at the time of the study. Beaver Creek
was the highest water t:c:?sted. And, if that's the case, if people
are dumping directly into the river, that is going to be one cause
KENAI PLANNING AND ZONING COMMISSION
July 22, 1992
Page 14
Peter Thomson, I think he should make the point and tell us what
the lies and half truths are. There is an RV that has been parked
there three months on a public easement connected to a sewer system
which is not approve. There is no DEC approval for, I don't
believe there is no DEC approval for that system. So I don't think
that because it's connected to a sewer system that it's any
justification, because it's in there and they put it in does that
make it right? I don't think so, I think it's a, this whole deal
is an after the fact issue. They have done this and now they are
seeking approval for this. Just because it's done, I don't think
then it should just be rubber stamped. I would like to hear what
the :lies and the half truths are. Thank you.
Chairman Graveley, thank you.
Marilyn Johnson, I just wanted to make an inquiry. Another
neighbor came by today and wanted to make sure you received his
letter, if not, he would. like me to read it into the record. Did
you receive Mike Pelch's letter?
Chairman Graveley, yes we did.
Ralph Van Dusseldorp, Mr. Chairman may I speak again?
Chairman Graveley, yes sir.
Ralph Van Dusseldorp, let me clear up what I know about dumping raw
sewage into Beaver Creek. I'll simply tell you what I saw. There
is a pick-up camper and behind the camper is a plastic sewage pipe,
where you normally dump your sewage from a pick-up camper into a
dump station, this goes into a little bit of gravel, into the creek
that: flows into Beaver Creek. I have not been in that camper, I do
not know how often they flush their toilet. But seeing this leads
me to believe, that the sewage from the pick-up camper is going
into the creek. And as Peter mentioned, their is a septic tank
that's separate from the pick-up camper that's not been approved by
any agency. Thank you.
Will Jahrig, what I was wondering is the way I see the permit being
issued, it says Guide Service/RV Park. So does that allow them to
run as an RV Park? Correct? I'm not quite sure how that works.
Chairman Graveley, we actually have two issues on the public
hearing. Well. no, it's one issue. It is a conditional use permit
for Guide Service - RV Park, yes.
Will Jahrig, so that means it is a business RV, if you pass it,
they can run RVs in and out and charge them X amount of dollars per
KENAI PLANNING AND ZONING COMMISSION
July 22, 1992
Page 13
night there because they go out at four o'clock in the morning.
That's what we made those pads for. The four new pads that we put
in, they never will be hooked up to water, sewer or electricity.
They are just dry spots. The other pads that we have there are all
hooked into a septic tank and a leach field. We do have water from
an artesian well. We have piped in there. That pretty well sums
it up. If you have any questions I'll be glad to answer them.
Chairman Graveley did you sign the register there?
Steve Foster, Yes.
Chairman Graveley, thank you. Are there any other individuals?
Robert Foster, 212 Bravely Ave., California, My name is Robert
Foster, I'm an uncle of Steve. We came up from California, we have
one of the motor homes down there, the Bounder. My wife's sister
is with us, they have the other motor home. We're planning on
being here for approximately a month and then we'll return to
California. We are not here permanently. I don't know where this
generator is coming from that this lady says she hears all night
long because there's no generator running in our camp.
Chairman Graveley please direct your comments to the Commission.
Robert Foster, we do run the generator approximately an hour and a
half a day and that's between 1:00 o'clock and 3:00 o'clock at soap
opera time. We do have to charge the batteries once a day and they
run approximately an hour or an hour and a half and that's between
one and three. And that's the only noise we make. I have heard
skill saws running at night, maybe she has that confused with that.
We heard skill saws the other night running till 11:00 o'clock.
That's about all I have to say, I think. this is a wonderful place,
with a, maybe we should not come back again. That's all I have to,
I have to put my address on here. Thank you.
Chairman Graveley thank you.
Peter Thomson, I noticed that the two people that are speaking on
behalf of this neither one of these live there. The one gentleman
is from California and the other is from Soldotna. Mr. Foster said
that the letter we submitted was filled with lies and half truths.
He said that, he di.dn't want to go into it, but I think in this
public meeting, if it is full of lies and half truths, he should
come and tell us.
Chairman Graveley please direct your comments to the Commission.
KENAI PLANNING AND 'ZONING COMMISSION
July 22, 1992
Page 16
requested by the letter writer to be read into the record.
Kathy Scott, Mr. Chairman, this letter is dated July 20, 1992. It
is to the City of Kenai Planning Commission, it is from Charles W.
and Dottye G. Muhs at 1790 Eastridge Drive, Anchorage:
"We are responding to the notice of public hearing scheduled
for July 22, 1992 to consider approval of a conditional use
permit for a River guide and Overnight RV Parking, submitted
by Mr. Gary Foster. As owners of property in this
subdivision, Lot 1 Block 31, we are taking this opportunity to
provide input on this petition.
Obviously, the request for a River Guide service is obviously
compatible with other conditional use permits approved in this
area by owners of other property in Angler Acres Subdivision.
Not only has such approval, in the past, had a very negative
impact on the use of the Kenai River, but allowing owners to
convert their recreational lots in to business ventures will
only serve to make the problems worse. For example, allowing
overnight. RV Parking will increase the vehicular and
pedestrian traffic on the banks of the Kenai River, tax the
existing sewer and water systems and increase the use and
potential destruction of other property in the area by persons
who have no interest in the area except as receiver of a
service.
We recognize that similar- conditional use permits have been
approved for Angler Acres subdivision. However, this does not
alleviate our concern regarding the position of the Planning
and Zoning Department for the City of Kenai to continue to
support and approve such requests.
We are unable to attend the public hearing to be held on July
22nd, but wish to have these written comments presented.
Signed Charles W. and Dotty G. Muhs."
Art Graveley, thanks Ms. Scott:, we have a total of seven letters
opposing this ordinance, that are in your packet. We also have one
of the letters from the State of Alaska Department of Environmental
Conservation (ADEC) and key paragraph of this letter:
"Until such time as the subject property has been found
suitable for the construction of the noted public drinking
water and wastewater disposal systems, the issuance of a
Conditional Use Permit should be delayed or made contingent
upon receiving the required approvals from ADEC."
KENAI PLANNING AND ZONING COMMISSION
July 22, 1992
Page 15
night or per month?
Chairman Graveley as the resolution reads.
Will Jahrig, That's it yea. I was told one time by Mr. Foster, not
Steve, but Jack, back in 188, he came to me personally, and he said
we will back. off the idea of putting a slough in, we will not do
any commercial ventures on that property. He said we are gonna
keep that just for our own personal use. And he told me this to my
face. And he said I guarantee you if you don't push this issue any
more, because I was one of the big factors in pushing to keep the
slough closed, the tie in to their, for a boat launch. And I said,
look as far as I'm concerned if you try to do anything there with
the slough, RV, boat launch, anything I said I would beat it to the
ground, if I can. And he said we're gonna go for an RV park in our
gravel pit. That's all we're gonna do and we're gonna try to make
it so that we can sell the property, or run an RV park and tie it
into the Beaver Loop Road, so we would not bother the Angler Drive
area.
And I said that the only thing I had against that at that time, was
allowing people to come in that's gonna want access to the river
and it's gonna use and abuse the river banks. Trying to find out
where the reds are, where the kings, where the silvers are, I don't
have anything against people fishing, I have it against point A to
point B, or point A to point C, and tearing up point B along the
way. And I still have a problem with that, because if there are
issues that aren't cleared up now, I just don't see them taking the
time to babysit it and make sure that the issues aren't gonna be
abused later on down the road. And when he came to me and asked
me this and we discussed it very openly with each other and I just
don't feel that they have the attitude, the positiveness for what
they are doing down there. For the people that are there also.
Thank you.
Chairman Graveley thank you. Are there any other individuals from
the public who wish to speak. Seeing none, we'll close this
portion of the public hearing. Mr. Bannock?
Commissioner Bannock, Mr. Chairman I would like to request a seven
minute recess.
***RECESS AT 8:25 P.M.***
Chairman Graveley called the meeting back to order at 8:40 p.m.
This is a continuation of the section of the public hearing under
itern 6. Resolution PZ 92-22 Conditional Use Permit. I would like
to have Miss Scott read into the record a letter which was
KENAI PLANNING AND ZONING COMMISSION
July 22, 1992
Page 18
for the total number of units on the lot at one given time. I'm
not talking about spaces, I'm talking about units; thirdly, I would
like to see in the conditions a contact point available twenty-four
hours a day, preferably an on -site contact point, a person who
would be a responsible party who could answer should any need
arise. Those three conditions, I feel, are very important to the
granting of a conditional use permit of an RV park. I do however
feel, Mr. Chairman, that it would be incorrect to either modify or
amend the existing conditional use permit and I would also move to
strike the Fishing Guide off of PZ 92-22 as they have one in force
right now. So I guess I'm asking for four different changes.
Three conditions and fourth to lose the river guide off the title
of the CUP.
Chairman Graveley, are these changes that you are requesting to be
amendments to the original motion?
Commissioner Bannock, I would guess that they would have to be
amendments to the application., if not amendments, I am asking that
they be conditions should this permit be approved. How we'll
implement these conditions I'll concur.
As far as the public is concerned the Commission is in a situation,
I think the public should be aware of. If we approve this CUP, it
will allow at least some controls. Should we disapprove, there is
nothing to say that the Fosters can't. have several dozen travel
trailers parked on their property, as long as they're not renting
the property out. And as long as the trailers are relatives or
friends. This is a tough decision before the Commission tonight
and the Commission will struggle to make the proper decision. And
I don't think it's going to please everybody, no matter what
decision we make. Ms. Scott, back to your original motion.
Commissioner Scott, there is no second to the amendment.
Chairman Graveley, I didn't I thought we had.
Commissioner Scott, there was a second to the main motion but not
to the second. Does the motion die for lack of second?
Commissioner Bannock, I guess I need some help, do we need to put
these, I have four request right now, I can lump them into one or
I can break: them into four different requests. I'm just
comfortable with those four things for starters. Okay I'll make a
motion to :incorporate comments one through four into the
application. For the record these comments include DEC
certification; a number of seven units;: a contact person available
24 hours a day, preferably on site; and to remove the words River
KENAI PLANNING AND ZONING COMMISSION
July 22, 1992
Page 17
And this is signed Scott Forgue, Environmental Engineering
Assistant. I would like at this time, to close the public hearing
portion and bring this issue back to the Commission and get this on
the table for discussion.
MOTION:
Commissioner Scott, Mr. Chairman for purposes of discussion by the
Planning Commission, I will, move approval of the Resolution PZ 92-
22, Conditional Use Permit, Foster's Guide Service/RV. The purpose
of the motion is again to facilitate discussion by the Commission.
Commissioner Bannock seconded.
Chairman Graveley, we have opened discussion for the Commission.
I have one item that I would like either the staff or Mr. Graves to
address for us. Inform the Commission, if you could please, if the
Commission was to vote in favor of this what would transpire there,
versus, if the Commission was to deny approval, what would
transpire? As far as what avenues of approach or what does the
public have as their tool besides the Commission? This is a Catch
22 situation, if I'm making myself clear.
City Attorney Graves, Chairman Graveley, an aggrieved party,
however which way the Commission rules, if someone is disappointed
with the decision can appeal. And the next level of appeal is to
the Board of Adjustment which is the City Council acting in a
police capacity as an appellant authority over the Planning and
Zoning Commission. And the appeal notice should be filed with the
City Clerk and that's upstairs, her name is Carol Freas. So if
anyone would want to appeal it, they should file that appeal with
the City Clerk. It is preferable, if someone is wanting to do
that, they should file as quickly as possible after the decision is
made on the Conditional. Use Permit.
Chairman Graveley, do we have additional discussion, Ms. Scott, Mr.
Bannock?
Commissioner Bannock, because this is a conditional use permit we
have the ability to put conditions on it. I see no conditions in
the application self restraining conditions. You know I've heard
an awful lot of liabilities so I have come up with a brief list of
items that I would like to add as conditions to this CUP. I'll ask
that they be voted on either separately or in whole.
Whatever the wants of the Commission are. But simply put,
condition number one goes hand in hand with the letter from the
DEC, certification of the water and sewer system for the afflicted
area; number two that we incorporate the comments of Jack La Shot
KENAI PLANNING AND ZONING COMMISSION
July 22, 1992
Page 20
Commissioner Scott Mr. Chairman, to promote some healthy discussion
of the proposed amendment the only portion of the amendment that I
could support and agree with, so I would probably ask for division
of the question, is striking the Fishing Guide from the
application. I would like to address the other three, because I
think they're pertinent to the discussion before us. The contact
person on site, is insufficient for an operation where there ks
overnight activity occurring similar to a bed and breakfast. We
require in a bed and breakfast application, that the resident
owning, the residenc be in attendance all the time. Whenever there
is,, because there's traffic moving through there, because there are
people who are non-residents moving through the area. For all
those valuable reasons.
The number of units proposed is totally in contrast to the intent
of the Rural residential zone.. Seven units could, most motorhomes
carry four to six people, so we're looking at a concentration of up
to thirty people on that size lot. Now the code indicates that
rural residential zone is intended to preserve the rural open
quality of the environment, prevent health hazards in areas not
served by public water and sewer, to prohibit uses which would
violate the residential character of the environment and generate
heavy traffic in predominately residential areas. So I can't
support that portion of your amendment either.
And. obviously, DEC certification for water and sewer is required
for residential and commercial lots and there are none here. It
speaks specifically to commercial type property for public drinking
water and wastewater disposable systems. Perhaps there is private
residential, certification on the lot already for septic and water.
We don't know that. So I guess I would move for division of the
question I don't believe that: requires a second. I would like to
see us deal with item number four, the striking of the Fishing
Guide from the application. I'd ask for unanimous consent or call
for, the question on that issue.
Chairman Graveley, on the Fishing Guide issue?
Commissioner Scott yes.
commissioner Bannock I have no problem in breaking it into, in
discussing them one by one and voting on them one by one. It's
okay with me.
Chairman Graveley Let's start. with the Fishing Guide issue.
KENAI PLANNING AND ZONING COMMISSION
July 22, 1992
Page 19
Guide from the resolution.
Chairman Graveley, and that's in the form of a motion?
Commissioner Bannock that's in the form of a motion.
Commissioner Glick, that's an amendment to the . . . ?
Commissioner Bannock, to the application.
Commissioner Glick I'll second that.
Chairman Graveley, as Mr. Bannock has :Mated with the second, with
Mr. Bannocks amendment. Ms. Scott does this change your original
motion for approval, from the original amendment.
Commissioner Scott, no, Mr. Chairman, because the Commission deals
in positive motions, we must have a positive motion on the floor
for approval on the floor. That doesn't mean I was supporting that
positive motion I was just facilitating the work of the Commission.
The other option of course is to let the permit application die for
a lack of a motion entirely. But I don't think that serves this
issue very well, so I moved the approval of the permit so we could
facilitate discussion on that.
Commissioner Bannock, and at this point if there is discussion on
my :four items I certainly open for any suggestions, good or bad, to
those four before we vote on that motion.
Chairman Graveley on your motion?
Commissioner Bannock right.
Chairman Graveley do we have further discussion on Mr. Bannock's
motion.
Commissioner Glick could we have the Clerk read those again, or
Duane.
Commissioner Bannock, Item number one was in regards to section
number two of KMC 14.22.45; a DEC certification for both water and
sewer or septic system; a unit number not to exceed seven; a
contact person available 24 hours a day, preferably on site; and to
remove the words River Guide from the main Resolution.
KENAI PLANNING AND ZONING COMMISSION
July 22, 1992
Page 22
Rvs there. Do you have anything to add?
City Attorney, Graves Not really other then just to agree that one
of the sort of curious things about this is by allowing the CUP for
RVs in some ways we have a little more control then we do by not
allowing the CUP for RVs, in this situation because of the way the
code works.
Commissioner Scott, may I continue?
Chairman Graveley, Ms. Scott.
Commissioner Scott what is the recourse for enforcement in either
case? And practicularly a CUP with conditions. How is enforcement
carried out in a complaint driven system which we have with the
Municipality?
City Attorney Graves, well what would happen is if assuming a
complaint were filed it would ordinarily be filed with Planning and
Zoning and Mr. Hackney, and probably my office too. And depending
upon the nature of the violation, there are different ways to
handle it. We handle informally, which they're contacted or
written a letter saying you're in violation of the code, don't do
this. We can issue a formal Cease and Desist Order, giving them a
short period of time to cease the code violation. And that's
usually delivered in a letter form. And that's kind of a step up
in the level.. of enforcement. And the third level is we can issue
them a citation and which they have to go to court and is
punishable by a $500 fine. Actually every day the violation
continues, can be sited as a separate occurrence. So, depending
upon the nature of the violation one of those three enforcement
steps would be taken.
Commissioner Scott one follow-up, and as the situation stands
currently, absent a CUP and understanding the applicant represents
that the RVs on his property currently are not for rental they are
not: in a commercial status is there any enforcement provision
currently? Is there any further investigation to be done by the
city should this CUP be denied?
City Attorney Graves I don't really want to put any words in Mr.
Hackney's mouth as to what he will do for investigation but he
would probably follow up to make sure that any RVs on the property
were, in fact, not commercially put forth. That is, they weren't
be..ng rented out, but they were in fact, a relative's RV from
Anchorage, or something. I'm sure he would do some investigation
especially in a situation where the neighbors have shown some
degree of concern about. it. So I think there would be follow-up.
KENAI PLANNING AND ZONING COMMISSION
July 22, 1992
Page 21
Commissioner Glick I agree with the Fishing Guide Service, however,
I feel slightly betrayed by what they told us at the time that
would happen on the lot. And now something totally different is
happening from what we were told. But I think that since they have
a CUP we can just give a second one, or not give them one for the
RV park.
Chairman Graveley so you're in agreement with taking the Fishing
Guide issue off this?
Commissioner Glick yes.
Chairman Graveley call for question on item four fishing guide.
Commissioner Glick clarify which way the vote is going to go.
Chairman Graveley yes, will mean that we take the Fishing Guide off
the conditional use permit PZ:92-22.
VOTE: Striking Fishing Guide from Resolution PZ 92-22.
Bannock: Yes Glick: Yes Graveley: Yes Scott: Yes
MOTION PASSES UNANIMOUSLY
Chairman Graveley Fishing Guide, as far as Resolution PZ: 92-22
we'll strike River Guide. The Resolution PZ: 92-22 will be dealing
with RV parking Foster brothers.
Commissioner Scott if no other Commissioner wishes to speak I would
like to take the opportunity to direct to the staff. I think that
we need to assess here, publicly what the consequences of the
Commission's actions are. If the permit is denied what the
consequences of that action are in terms of the existing situation.
And. then I'd also like to hear what the consequences for approval
of a CUP with or without specific conditions. Could you paraphrase
for us, either Mr. LaShot or Mr. Graves what the consequences of
these actions are in terms of enforcement and how we would be
satisfying the views of the petitioner or the residents of the
neighborhood?
City Engineer, La Shot :I think if something is passed where we have
an RV park implied in the code it's a little more clear. If we
don't have an RV park conditional use permit the code doesn't say
too much how many RVs can be on a private parcel. There by
permission, or owned by the people who own the parcel, I believe
that would be 30 days on a private parcel. So what I guess I'm
getting at is if no permit was granted there still may be several
KENAI PLANNING AND ZONING COMMISSION
July 22, 1992
Page 24
Commissioner Bannock I'll entertain comments from the Commission,
how would you like it to be? I brought these four things out as a
tool to go someplace with. I: think it would be fantastic to have
a facility that was there that was manned, I think that would be
the optimum situation. I think it would be fantastic to have a bed
and breakfast like operation or requirement. I think that is,
regarding a bed and breakfast: and not an RV park, so I don't know
if it's feasible to ask that the owner be down there all the time.
I talked with a neighbor about this situation when I was coming up
with these four items and I know of an RV park that owner certainly
doesn't live there. He's there an awful lot, but he has someone
there that is in charge all of the time that is not the owner. He
doesn't hang out there, he just happens to be there alot. But at
any given time if there's a complaint in that RV park there is
someone there that can answer a question.
Commissioner Scott Mr. Bannock through the chair, thank you. Is
that RV lot in a residential or a commercial? I believe it's in a
commercial zone the one that you're speaking about.
Commissioner Bannock I believe, well part of it is.
Chairman Graveley I think it 'would be this Commissioner's feelings
that it would be, even though we approved it, it made it so it
would be hard to address or enforce. Mr Glick?
commissioner Glick having someone on site rather then available.
Chairman Graveley we could :make it part of the CUP, part of the
permit, but I don't think we have the mechanism to enforce such.
Commissioner Bannock then :it would be silly to have it in there and
it should be voted down.
Commissioner Scott I think that we could spend the next half hour
going through these conditions, one after one, after one. And, I'm
not certain that we're goring to accomplish anything. This
Commissioner- is concerned about an after -the -fact permit for an
activity that seems to be commercial by a applicant that I am fully
aware understood the C:UP procedure. As much as I would like to
make this a workable situation it's a catch 22 and I don't see any
kind of resolve. We haven't even had any chance to get feedback
since we've heard about the consequences of the actions. But if
those parties who protest the permit application knowing the
consequences now, wish to withdraw their protest I think they
should be given an opportunity to do that. It would certainly be
a clear direction to mc-.,, that we might have it resolved.
KENAI PLANNING AND ZONING COMMISSION
July 22, 1992
Page 23
If what you indicated is true it appears, under the code, that
there may be no current violation. Assuming that's true, and I
don't really know, I haven't gotten involved in the factual factor
of it.
Chairman Graveley thank you Mr. Graves
Commissioner Glick Mr. Graveley, just some more clarification
there, we do have an ordinance which says you can't park a
motorhome or RV and have someone live in it for more then 30 days?
Chairman Graves that is correct.
Commissioner Glick so, friends and relatives could come as long as
they didn't exceed the 30 days, whether it's an RV park or personal
property?
City Attorney Graves right, that's correct. I wasn't dealing with
that particular ordinance and that's absolutely correct.
Chairman Graveley moving back to Mr. Bannock's conditions which he
requested, we took care of item four. Item three, two and one, do
you still wish to pursue those first three items.
Commissioner Bannock yea, but let's break them apart so we can
discuss each one of them individually.
Chairman Graveley, okay take item three, on site contact for
answering neighbors needs, twenty four hour. Do you want to place
that as a motion?
Commissioner Bannock yes, oh I'm sorry, yes, so move.
Chairman Graveley do we have a second:
Commissioner Glick second.
Chairman Graveley discussion of item three?
Councilman Smalley just a point of order, is he making a new motion
or is he referring to his previous motion because his original
motion indicated it was a person available 24 hours, preferably,on
site, but not necessarily. Are you suggesting now that it's on
site, or not: on site?
Chairman Graveley I'll let Mr. Bannock address, make that
correction.
KENAI PLANNING AND ZONING COMMISSION
July 22, 1992
Page 26
bring in a dozen friends and neighbors? It is my interpretation
that would be yes.
Chairman Graveley, comment from staff?
City Attorney Graves this is a new area, we really haven't gotten
into this particular area before, but I think the staff feeling it
that once a park is permitted as a conditional use park, under the
definition then the Commission could regulated both the number of
commercial and non-commercial units. once it's actually permitted.
So in that regard, by the permitting you have a little more control
over the number of recreational units allowed on a lot, that you
don't have in an unpermitted situation.
Commissioner Bannock atany given time Mr. Graves? These we are
renting out and these are our own?
City Attorney Graves right, I think you could say, once it is
permitted, you could say you can have X, and I'll pick five just
for a hypothetical. You can have five units on this facility, and
whether they are all five in-laws, or all five commercial you can't
have more then five. Whatever the number is, it can't be more then
five, three and two or whatever.
Commissioner Bannock Mr. Chairman I'd like to asked that we bring
up a representative from Foster brothers to talk about that number,
if the Chair okay's that.
Chairman Graveley do we have a Foster brothers representative that
would like to step forward? Indicate how many units you would like
to have on the lot, what you perceive.
Gary Foster if the number is seven that's fine.
Chairman Graveley let the record show that the Foster brothers have
indicated that they would like the number seven.
Commissioner Bannock Let's take a poll of the Commission members on
numbers. Foster brothers go with seven.
Chairman Graveley what are we trying to achieve here?
Commissioner Bannock :C want to establish a number. Just because
the applicant is asking for something doesn't mean I'm comfortable
with seven, whether you guys are totally comfortable with seven.
I want to establish a number that we're all gonna vote on, because
it's going to required us, all four of us to vote for this to pass.
Now, we can _just scratch the whole idea, but I think this is a
KENAI PLANNING AND ZONING COMMISSION
July 22, 1992
Page 25
Chairman Gravely I think we need to first of all address a motion
that is on the table before us. Mr. Bannock has, whether he wishes
to continue through the other three.
Commissioner Bannock let's just hammer through them.
Glick call for the question on item three. ?
VOTE:
Bannock: Yes Glick: Yes Scott: No Graveley: No
MOTION FAILS FOR LACK OF MAJORITY VOTE.
Chairman Graveley item two, number of units allowed on the lot at
one time, seven, is that correct?
Commissioner Bannock that's the number.
Chairman Graveley is that in the form of a motion already?
Commissioner Bannock no, let's retract that particular motion and
let's talk about my idea behind number two then.
Chairman Graveley you are wishing to retract that motion?
Commissioner Bannock sure. It is important that as part of a CUP
the CUP is for parking RVs, that there be a certain number that can
be parked there at any given time, no different then the boat CUP.
No different then any other CUP, there's always been a limit of
some sort. Okay let's pick a number. I picked the number for the
sake of my motion but. I retracted that motion. I think that this
whole idea :is too big of an impact for such a small area. I don't
think that it's workable at all. But, I also see the consequences
of not having a CUP and that is the only reason that I am pursuing
this avenue. I have never, ever been in this position before, when
I have favored more regulations. Never, ever in my short tenure
here have I favored more regulations to someone. But I think, in
this particular instance it is the only way to solve what is
perceived by more then a half a dozen people as a serious problem.
so let's talk about a number. And once that number is in place ...
Chairman Graveley, two.
Commissioner Bannock, the number is two. I think however, now I'm
going to open up anther bag of worms, with that number two what
does that number two apply too? Does that two units apply only to
the commercial side, so they could rent out to two units and still
KENAI PLANNING AND ZONING COMMISSION
July 22, 1992
Page 28
Councilman Smalley again, in voting on this, and I'm sure it's the
intent of Commissioner Glick that these five vehicles that he is
talking about are a combination of commercial RV rentals and or
personal, private parked, or friends.
Commissioner Glick total RVs on the site at one time?
Chairman Graveley that's correct. Call for question.
VOTE: TOTAL RVS ON SITE AT ONE TIME - FIVE
Bannock: Yes Glick: Yes Scott: No Graveley: Yes
MOTION FAILS DUE TO LACK OF QUORUM.
Chairman Graveley we"l:L move to item one DEC sewer and water
requirement condition and what this whole. And if I understand you
right, Mr. Bannock, the amended Resolution PZ 92-22 if passed,
would be on condition of, or on contingent, or receiving the
required approvals for ADEC.
Commissioner Bannock that is correct. So move.
Commissioner Scott point of clarification, required approvals for
a public system or residential system? I mean, he specified in the
letter, Mr. Chairman, that it is public drinking water and
wastewater disposal. There may be a DEC type permit tied to this
residence already. I d(:)n't know that yet, so when I vote on this
motion . . .
Chairman Graveley we will make_ that public.
Commissioner Scott thank you.
Chairman Graveley Is that agreeable with your motion Mr. Bannock?
Commissioner Bannock Yes it certainly is. It incorporates the
concerns of Mr. Forgue.
Chairman Graveley so we have a motion on the table, do we have a
second?
Commissioner Glick I'll second it.
Chairman Graveley you dial make that as a motion? I don't want to
put words in your mouth. I'm sorry.
Commissioner Bannock yes.
KENAI PLANNING AND ZONING COMMISSION
July 22, 1992
Page 27
perfect way of getting a grip on that piece of ground.
Chairman Graveley As you, you are the maker of the motion? I
suggest you issue a number.
Commissioner Bannock I'll make the number seven. And that number
seven is derived from the fact that there are seven pads presently,.
Commissioner Scott Mr. Chairman?
Chairman Graveley Ms. Scott?
Commissioner Scott I'll move to amend this motion, in concurrence
with second from seven to two.
Commissioner Glick there is no second.
Commissioner Bannock there is no second on seven.
Chairman Graveley so as it is you have a motion on the floor for
the number of units allowed on the lot, as number seven. Is that
your form of a motion?
Commissioner Bannock yes.
Chairman Graveley do we have a second? Show the motion fails due
to lack of a second.
MOTION TO LIMIT NUMBER OF RV UNITS TO SEVEN FAILED FOR LACK OF
SECOND.
Chairman Gravley We'll move to item one the DEC requirements for
sewer and water.
Commissioner Glick can I make a motion to make that number five?
Chairman Graveley for item two? Do you wish to put item two as a
motion for Mr. Bannock, if I'm understanding right. Okay, Mr.
Glick has a motion on the table for the number of units as five.
Do I hear a second.
Commissioner Bannock second.
Chairman Graveley we have a second. Call for question, discussion,
excuse me, Mr. Smalley?
KENAI PLANNING AND ZONING COMMISSION
July 22, 1992
Page 30
Chairman Graveley the motion that was before the Commission, that
we had on the table would have addressed the DEC, that the CUP
would have been contingent on the DEC. That motion failed.
However, the DEC will. still have to make their own approvals and
requirements and I'm sure that Council will echo that comment.
Because that is a strong concern of mine that DEC has a strong
handle in this, providing this passes.
Chairman Graveley we'll take a five minute recess. Oh, excuse me,
we had one more question.
Unidentified woman I'd Like to know, if a person obtains a CUP,
how long does it remain valid?
Chairman Graveley indefinitely, as long as they stay within the
requirements of the permit.
Unidentified woman and when they do, then what course of action can
people that observe things that haven't been done according to the
CUP. What can the public do if they feel there is a violation?
Chairman Graveley we'll. ask, can you answer that Mr. Graves?
City Attorney Graves, well, if there's a condition on the permit
and they go outside of that permit they're committing a code
violation. Just like they would any other code violation and the
enforcement procedure is to complain to the Planning and Zoning
Department of the City. And then it would pretty much go on the
three level tier of enforcement that I outlined.
Jim Richardson I'm sorry, I did have one more question. In the
staff comments and the deliberations so far indicated that answer
on how long term parking of trailers, or whatever you call them,
RVs, mobile homes how would those be dealt with by the city.
City Attorney Graves Commissioner Glick mentioned earlier there is
an ordinance providing that RVs that are parked can not be parked
for, use longer then 30 days. So if they have a recreational park
and. they, people were sort of living in them, instead of a
temporary use it would be another complaint driven mechanism.
Jim Richardson well we indicated in our testimony that there are
mobile homes and trailers on the lot that have been there for three
years.
City Attorney Graves, I wasn't here during the testimony.
KENAI PLANNING AND ZONING COMMISSION
July 22, 1992
Page 29
Chairman Graveley, discussion?
Commissioner Glick I think you have to have it public in order for
it to be an RV park. You can't have an RV park and have a private
water system even if he has a permit for private.
Chairman Graveley and the letter from ADEC indicates public
drinking water. Further discussion? Hearing none we'll call for
question.
VOTE: ON MOTION TO MAKE PERMIT CONTINGENT ON ADEC APPROVAL OF
PUBLIC WATER AND SEWER SYSTEM
Bannock: Yes Glick: Yes Scott: no Graveley: Yes
MOTION FAILS DUE TO LACK OF QUORUM.
Chairman Graveley we're back to the motion, or Resolution 92-22 as
it stands the only change in this resolution at this moment is
striking the River Guide. And this resolution is for RV parking
only. All of the conditions that were on the resolution other
than, the Fishing Guide have been strickened.
Commissioner Scott, Mr. Chairman, would it be appropriate at this
time to redirect to those who testified, now that they've had time
to hear the consequences of the issuance of the permit or non -
issuance and ask if any would wish to withdraw their objection to
the CUP? Would that be appropriate?
Chairman Graveley I would think so.
Commissioner Scott I would beg the Commission's cooperation.
Chairman Graveley does the Commission agree? We will take a five
minute recess so that the public may discuss amongst themselves
whether they have feelings one way or another as far as Ms. Scott's
comments on the CUP.
Jim Richardson it would help our discussion, if we only have five
minutes, to try and make clear a very confusing situation if we
could clear up a couple different things. One, I guess is were you
discussing, with respect to the DEC certification as far as I
understand it, it's not there right now, and DEC enforcement person
that we talked to indicated that he felt that it would not be
possible on ghat site with a leach field system to obtain a DEC
public sewer and water certification. Does that mean given your
discussion teat you would require that those would be pulled out
than?
KENAI PLANNING AND ZONING COMMISSION
July 22, 1992
Page 32
Chairman Graveley I would like to call the meeting back to order
after recess please. We are back in order, I'd like to remind
everyone please. What I would like to do at this time is to ask
for additional public comment with the option of giving the public
a chance to withdraw, if they would like their reservations
regarding the RV park, after learning what we've learned tonight.
Do we have anyone from the public that wishes to address the
Commission at this tame? Please come back to the podium if you
would.
Jim Richardson during the break many of the people who voiced
complaints about this expressed their total confusion over what our
options are and how we might get somewhere from here. I guess the
consensus is that we feel that we could withdraw our objections and
our complaints if we would have stipulated a CUP that would require
a maximum of three trailers/RVs, mobile homes, whatever you would
call them, on site regardless of whether they were commercial or
owned by the owners of the property or friends or anybody else.
Those would be for a maximum of 30 days and they would be required
to be moved off the property for 24 hours in between 30 day
periods. This would also be subject to approval by the DEC of a
public water and sewer system. I believe the DEC term is community
septic system for the sewage side and the DEC inspector would be
able to inform you of the total package that requires. And I guess
the last item is that setbacks according to Municipal Code be
enforced. Thank you.
Commissioner Scott To your knowledge are the setbacks not currently
being enforced? Are they in violation of, are the RV pads that
have been constructed, and the vehicles, the units on the property
in violation of the setbacks:'
Jim Richardson at 1-east one is. One trailer is within 4 feet of my
property line.
Commissioner Scott okay, thank you.
Chairman Graveley are there any others from the public who wish to
address the commission?
City Engineer La Shot on the subject of setbacks, we'll talk about
building setbacks are referring to buildings in the code. RV pads,
I don't believe are subject to setbacks.
Peter Thomson R.V in the sense of it being on wheels, but once it
has some shielding round the tires and skirting then what is it
called? Ifit's there for two years.
KENAI PLANNING AND ZONING COMMISSION
July 22, 1992
Page 31
Chairman Graveley if I may, and correct me if I?'m wrong, but as it
stands right now, there is not a CUP for that property. An I
correct? So therefore there is not enforcement mechanism to take
place until we put something on it.
Commissioner Glick the ordinance would still be in effect.
Chairman Graveley the thirty day one?
Commissioner Glick, yes.
Chairman Graveley, I'm sorry I stand corrected.
Marilyn Johnson, How can you make a request for an additional CUP
when you already have a CUP that you are already violating? I
think that's were the compounding issues are coming in. And I
think Mr. Glick referred to it as he went by with some comment
about it wasn't exactly the truth and I think that is one of our
problems too. Because we don't quite know if under the current
conditions they are even in violation.
Commissioner Bannock the violations that I see, and I'm not the
enforcement department, and I'll not try to be the enforcement
department. But the only violations I see, right now, that are
going on down there, if there are any RVs that are parked down
there that are commercial type customers, they are illegal, number
one. If they are no charge, no rent, they are legal as long as
they do not, as long as they are occupied for not more than 30
consecutive days. The only one that I see as a possible violation
is the farthest camp trailer, not because it's being used for 30
days but because it is set up for what the city defines as long
term. use. Long term use includes but is not limited to, connection
to external fuel, tanks or natural gas, skirting in or exceeding 30
consecutive days. It does not mean that you cannot park your RVs
on your private property and not have anyone in it. That is the
only violation, the factthat they have a CUP on it right now has
nothing whatsoever to do with the alleged violation or the alleged
illegal activity.
Chairman Graveley Mr. Bannock is correct because of the CUP that
they have right at this moment is for a Guide operation, is that
right? I still would like to take a five minute recess at this
time and be prepared to come back and withdraw, if you wish, your
objections to the Planning Commission.
***RECESS AT 9:25***
KENAI PLANNING AND ZONING COMMISSION
July 22, 1992
Page 34
Chairman Graveley Mr. Bannock: you had a question?
Commissioner Bannock would it be appropriate to ask the body that's
in front of it, a show of hands of the people who agree with the
list of conditions that Mr. Richardson just gave us?
Chairman Gravely doer the rest of the. Commission have a problem
with that?
Commissioner Scott I would agree with that.
Commissioner Bannock could we see a show of hands of those people
who concur with Mr. Richardson just outline?
Marilyn Johnson what would you repeat them Mr. Bannock?
Commissioner Bannock sure, maximum units, maximum total of three
units; maximum of a thirty day period before they're moved; public
water and sewage system, as defined by DEC; and to meet the setback
code. I'm I correct on those Mr. Richardson?
Jim Richardson yes, but may I correct you, I guess on the
discussion on the setback left me a little bit confused.
Commissioner Bannock and I'm not sayin(4 that I'm not going to make
a motion to adopt these things. I just want to know that this
group is happy with those items. Thai." what I want to see right
now.
Ralph Dusseldorp I don't think happy is the right word. I don't
think anybody would vote positively on happy.
Marilyn Johnson I think it's very difficult to agree, I think we
can compromise.
Peter Thomson, let's see a show of Bands on who's prepared to
compromise?
EIGHT PEOPLE IN THE AUDIENCE RAISED THEIR HANDS.
Chairman Graveley thank you.
Commissioner Scott I'm prepared to move the conditions stated by
Mr. Richardson as a representative of this group, the motion is
still on the floor for approval of the permit. What I'm doing is
moving these conditions and if this motion receives a second, I'm
prepared to move for postponement of this decision based on these
conditions. There are several letters here from people who aren't
KENAI PLANNING AND ZONING COMMISSION
July 22, 1992
Page 33
City Engineer La Shot Well if it's there permanently then you might
be getting into a situation that would be a mobile home.
Peter Thomson this mobile home, we're talking about now, the one
within four feet, has shields that go around the wheels and got
trellis work around it and not been moved in the last couple years?
s
Gary Foster it hasn't been moved, no. I'd just like to say I did
move it when Jim drilled his well. He asked me if he could come
across our property to do that. I agreed. And I did move it, it
does have skirting around it. It has some trellis work just
leaning against the trailer so you can't see the fish nets or
something. Other then that it's not permanent, you know. It
probably is within four feet of the property line, I'm not exactly
sure. We, Jim and I together (inaudible) and I might add that the
state of the woods, there on that property, was there when Jim
purchased his property. As was everything except the four plots
that we put :in there. Is that right?
Jim Richardson that's right.
Chairman Graveley I'll bring the meeting back to the commission.
Right now what's before us is open to the public to recall their
petitions of, withdrawing their objections to the permit, providing
the conditions of the permit. We have already gone through the
public hearing as far as the public comment on previous.
Councilman Smalley question for Administration, I think I know the
answer but I'm not positive. Considering the impact, in that
general area in the amount of septate that's going into the ground,
considering the impact that an RV facility would provide by pumping
additional septate into the ground, is it possibly that the City
may be required, sometime in the future or the near future even, to
put water and sewer in to that area? Because of the septage into
the ground?
City Attorney Graves join the sewer lines?
Councilman Smalley yes.
City Attorney Graves I don't think we would, in the sense of a
government entity requiring us to do that. I think there may be
problems with the septic system as far as overflow or excess
capacity that DEC would want to deal with and the city might want
to deal with in some capacity because of health concerns. But I
don't think we would be required to run water and sewer. If it
were a problem we would have to deal with it some way, like we
would have to do any other health problem.
KENAI PLANNING AND ZONING COMMISSION
July 22, 1992
Page 36
point is it should be mobile, it should be a recreational vehicle
and said it can be moved. I don't expect them to move it
throughout November, December, or January. But I think during the
recognized season, from May 15th through September.
Chairman Graveley Mr. Bannock?
a
Commissioner Bannock I just don't agree with that, it's okay but I
just don't agree with that.
Peter Thomson the application specifically states, overnight
parking of RV or RVs. It doesn't say long-term parking of RV,
short term, :it says overnight.
Commissioner Bannock Mr. Chairman, Mr. Thomson does not know my
long standing opposition to that practicular line. For prior
usage, I have a real problem with it implicated in the commercial
use part. I for a long time lost, when it was in my driveway and
I think, I just don't think :if the law is going to apply to an RV
park then that same law would have to bEa enforced, if we are going
to tell RV parks that they must move their RVs every 30 days,
whether it be for a day or not. I think it would only be fair that
we tell all of the RV park owners that they can not allow their RVs
to sit for more then 30 days,.
Peter Thomson, how about an office, could one of these be an
exception for an office? An Administrative office, I don't know.
An exception could be granted for one to be there.
Chairman Graveley :Let's bring it back to the Commission, Ms. Scott?
Commissioner Scott Yes, I disagree with Commissioner Bannock's line
of thinking. I am an RV owner and I know that once you're
comfortable and parked, you almost wished you had a second vehicle
to go someplace. And you can get all too comfortable in less then
24 hours. And very complacent about moving. Then the next thing
you do see is flowers planted in the yard. The transient nature of
some of our seasonal residents leads me to believe that we would be
wise to stipulate f`or, this conditional use permit, for this
particular situation that we enforce a 30 day stipulation. And
that's very important to maintaining the integrity of the intent
of this application. I know it: goes against your personal views of
parking of mobile homes in residential areas on a business kind of
basis. I think on this CUP it. would be appropriate.
KENAI PLANNING AND ZONING COMMISSION
July 22, 1992
Page 35
present, and perhaps this is unnecessary. But I think we may want
an opportunity to review those conditions and comment back. I
don't know if that's the process we should use or not, but, that's
what I'd kinda recommend here.
Chairman Graveley are you amending your original motion?
Commissioner Scott can I do that?
Chairman Graveley yes, providing the second concurs.
Commissioner Scott, a maximum of three RVs; a DEC permit for public
water and community septic; enforcement of the 30 day requirement
for motor homes and campers is already built in to the Kenai
Municipal Code and I guess the setbacks may be superfluous, but
that seems to be important. So enforcement of any kind of buildings
that may be, or mobile units that may become buildings.
Commissioner Bannock I'll second that motion for discussion.
Chairman Graveley, was Mr. Bannock the seconder of the original
motion?
Planning secretary Harvey, yes.
Chairman Graveley okay, the motion is on the table, as of right
now, Resolution PZ 92-22, RV parking. Mr. Bannock?
Commissioner Bannock I have a question on the amended motion. I
have a problem with the 30 day period, and I'll show you only why
I have a problem with it. And I think. it's a little problem with
it and I think we can get over it. There are 365 days in a
calendar year. You multiply that times three RVs, that's
approximately 1350 RV days. Whether or not those three RVs stay in
their same spots for 365 or whether we have a complete upheaval and
a complete turnover ever thirty days, we will still maintain 1350
RV days in a calendar year. What is the difference, if there is
only allowed three of them at a time on any given day, what's the
difference if they are the same three or three new ones every
thirty days? Because the thirty day law does not apply once we
have an RV park. The _30 day law applies only to private property.
Peter Thomson 1. just want to make a point, it's more then the
thirty day period, it's what it stops doing is planting roses
outside and using it as a set object. I don't care if it
stipulates, as you mention, may be just to move it out for twelve
hours. It's the fact that it's mobile. This is overnight parking,
is what's been requested, overnight it specifically says. The
KENAI PLANNING AND ZONING COMMISSION
July 22, 1992
Page 38
Building Official Hackney, setbacks wouldn't apply to the RV park
or RV, but you can put any stipulations you want on that CUP. I
would rather see you pick a number then to say, follow the code
because there is a front, side, rear, whatever.
Commissioner Bannock I was looking for you to provide us, with what
you think would be a good number. Good for the applicant, good for
the City and good for the neighbors.
Building Official Hackney at least fifteen feet.
Commissioner Bannock could we use that number, unlike building
codes that have a front, side, and rear, could we use that number
on all sides?
Hackney, sure.
City Engineer La Shot in this zone the building setbacks are 25
feet in the front, 15 feet side, and 20 feet in the rear. I think
the side yard is the most important on this.
Chairman Graveley I think 15 feet should fit the bounds.
Commissioner Scott we will amend the motion accordingly that the
setback requirement for use of the property be 15 feet on the side.
We did not address the front and back, but the creek is on one side
and the road is on the other..
Chairman Graveley 15 feet is your number.
Commissioner Scott uh-unh, all the way around.
Chairman Graveley does that agree with the maker of the second?
Is there any more discussion? Ms. Scott?
Commissioner Scott you know, during these discussions and speaking
to these amendments, we have not discussed whether or not a
provision for a. buffer, buffer unit buffer material, be employed
here and I, before this motion slips away and opportunity to palace
conditions slips away. I don't even know what to stipulate but I
feel it might be important. Unfortunately, whenever you imply a
fence if it"::> a solid fence it might diminish the lighting to the
adjoining property, but it might serve as a site and sound buffer.
And I might say, and I think I've just, asked for an amendment to
that, based on the need for site anc sound buffer, and see if
there's a .second hexF for it., I can't stipulate height or
confposition at this point in time.
KENAI PLANNING AND ZONING COMMISSION
July 22, 1992
Page 37
Chairman Graveley we have before the Commission a motion on the
table for Resolution PZ 92-22 Foster RV parking with conditions:
1) maximum three units, maximum time 30 days, subject to ADEC
approval of public water and septic and if need be, setbacks to the
municipal code, that they fit the requirement. Mr. Glick?
Commissioner Glick I think we have to define the setback, we can't
just let that hang out in the open since there isn't a code
addressing RV setbacks. We have to put a figure there, if we say
they have to have a setback.
Chairman Graveley I think it's this Commissioner's opinion that,
in this practicular situation, the setback recommendation should be
stricken. As it does not apply and we would have to amend the
original ordinance to get that. Ms. Scott?
Commissioner Scott so then that would entitle the users of the
property to park an RV on the property line?
Commissioner Glick we could put that in as a stipulation if we
want.
Commissioner Scott exactly, as a condition of this permit.
Commissioner Glick sure and that's what I am saying. Let's put a
figure to that setback for this conditional use.
Commissioner Scott I agree.
Chairman Graveley do we wish to call it a setback, to keep it from
conflicting from the original code, the Municipal Code? or do we
call it something else? Mr. Graves do you have any comment
regarding that point?
City Attorney Graves well I was talking to Jack, if your
commission warrants a setback requirement for the CUP, I guess you
might require the permittee to follow the ordinance as is, as if
these were buildings. Or you could pick a number, and say that no
RVs can be parked within X amount of feet of the property line.
Either way, I think just to throw out ideas of what you might do if
you want to set requirements.
Chairman Graveley back to the Commission, do we want to stipulate
a requirement or use the setbacks that are already in the Municipal
code? Mr. Bannock?
Commissioner Bannock I would like to ask Mr. Hackney's opinion on
this? Since he checks setbacks on homes.
KENAI PLANNING AND ZONING COMMISSION
July 22, 1992
Page 40
Jim Richardson that's what Gary said, that he and I put that up.
That's actually Gary's fence.
Gary Poster May I say, that that was already done. We filled in
that hole, it was like that when Jim bought it and when we bought
it. Mr. Henry, it was an old driveway. We plugged that up the
best we could.
Marilyn Johnson I think it is deceiving if you are under the
assumption that we can not see the trailers. We can see the
trailers from 100 feet, we're on a property that goes down, and
we're lower on the property. From our back porch I can see the
trailer, two trailers, and pads and the new trailers. In regards
to what they are talking about we don't have a visual barrier at
this point. Cause that's not the one that was taken care of
earlier on the road side. Which is the one that Gary is referring
to.
Chairman Graveley thank you.
Commissioner Scott, I really would like an indication, whether or
not fencing, we shouldn't require this is it's not gonna aid or
assist the situation. It would be an unrealistic requirement, not
unrealistic but it may be excessive. Does fencing assist that or
does it diminish the value of your property? You know, I have no
idea.
Jim Richardson I think from our perspec:;tive, a nice fence would be
a help. It would not only help some of the visual problems, but it
would also probably cause fewer problems with trespass issues.
Commissioner Scott and it may also insulate against noise, if :it's
a solid woven fence. So I am amending to require six foot fencing,
minimum of six foot fencing be provided as a buffer to the adjacent
properties, along the sides. I don't think that's essential in the
back.
Commissioner Glick, on that one side you shouldn't have any
problems, cause that's where the drainage ditch is.
Commissioner Scott well then it can just be on the other side.
Nothing can be built in the drainage ditch, at least at this point.
Chairman Graveley does the seconder of the motion concur with the
amended amendment?
Peter Thomson something can be built on the other side as well.
The property Line doesn't. run down the drainage ditch. My property
KENAI PLANNING AND ZONING COMMISSION
July 22, 1992
Page 39
Commissioner Glick can I make a comment Mr. Chairman?
Chairman Graveley yes Mr. Glick.
Commissioner Glick Kathy, we have a setback of fifteen feet, could
we not add to that of buffered natural trees and brush?
Commissioner Scott we probably could, but I visited the site today
and I'm not sure that the buffer is on the adjacent property. We
have direct to the property owners, I don't know if there is a
buffer there, natural buffer. Could we do that?
Chairman Graveley yes.
Commissioner Scott to the Fosters, have you retained any buffer on
that property, on that adjoining property line?
Gary Foster well, most of it is cut except maybe, for one lot,
there's probably no buffer on that. Jim planted some trees there
and the rest of it does have some trees on the line, it's probably
not fifteen feet. And my trailer would be the only trailer we have
that would have to be moved, because I'm probably real close to the
edge of Jim's property. The rest of the RV's, you could easily
park 15 feet..
Commissioner Scott I guess I'm satisfied that the answer to the
question is, that there is no natural buffer left on the lot.
Gary Foster there's, you can't see, I can't see Jim's house and he
can't see our trailer, except my trailer.
Commissioner Scott thank you, is that buffer, Mr. Foster, is that
on your land, or Mr. Richardson's land?
Gary Foster there on both.
Commissioner Scott there on both.
Gary Foster except in a couple of areas, where my RV is and the one
on the side.
Jim Richardson the pictures I gave you are from standing on my
property if you are standing on my property on my property line.
I think in most instances you know there is not a great deal of
buffer left.
Commissioner Scott, there's a fence here, that's just a piece of
fence? It doesn't . . .
KENAI PLANNING AND ZONING COMMISSION
July 22, 1992
Page 42
Angler Acre RV Park has nothing to do with this lot that we're
talking about here. All we were after was one or two overnight
camping spots for our river guide. It doesn't have anything to do
with my RV or my mother's RV. So, that's all I got to say.
Will Jahrig, my feeling is, you call it an RV park. That is why
I'm so negative against it, that it's called an RV park. See
that' s why, I knew this was gonna come up, I f igured you' d pull the
CUP like that. I'm against anything being allowed RV, and the
other thing is, the other side of the point is that I don't really
want to see RVs down there necessarily. And I understand you have
a personal use, and I'm not: against that. I have personal use
items too, that. would probably offend you. I just don't want to
see sprouting up of the area and the fence. I don't know how to go
about changing this, 1 don't know how to do that. Because I vote
for both sides at this point. I don't necessarily agree with the
fence idea also, because :I don't want to see it subdivided like a
suburb of Anchorage. I don't want to see fences every 100 feet.
'Cause that's the next step that could happen, somebody can point
at the guide service, on the other side is the opinion. And it:. can
go on and on and everybody is going to have a fence. And then it's
going to look like a fenced in corral. So, I'm not saying anything
for or against but. I see negative problems here.
Gary Foster Well the whole thing seems to be, we weren't after, in
the first place, like it sounds like were trying to put in. That's
not what we were after. We were after a permit so we could park
our river guide people overnight if they came in.
Chairman Graveley I'd Like to bring this back to the Commission.
we're not in a public hearing right now, the public hearing portion
is done. We have a motion on the floor, we are in discussion of
the final motion of whether we are going to go through with it or
not. Mr. Foster has :been brought up by Mr. Bannock to address Mr.
Bannock question. And I urge Mr. Foster to address Mr. Bannock's
question and the Commission will move on from there. Mr. Bannock,
did Mr. Foster address your question as required?
Commissioner Bannock, yea.
Chairman Graveley, I have one question for Mr. Foster, at this
time, do you wish to withdraw the CUP for an RV park on that lot?
Gary Foster, yes.
Chairman Graveley that is the CUP we are dealing with right now?
It that is the case, than there is no further discussion to be made
and nothing to vote on.
KENAI PLANNING AND ZONING COMMISSION
July 22, 1992
Page 41
is the drainage ditch and it meanders. So it is possible where it's
not just dropping off into the drainage ditch to put some sort of
fencing up. I'm not proposing it has to be a prison size fence,
just so people have some idea that this is the property line.
And 75% of my side of that property is fencible. Where it is creek
and where it is banked to the creek I will accept that as barrier.
Where it is possible to fence, I think it should be fenced. d
Commissioner Scott so for discussion purposes let's put the fence
barrier on both sides and try to keep this moving, after 10:00
o'clock people start to loose there ability to think.
Chairman Graveley Mr. Bannock do you agree with that amended
motion?
Commissioner Bannock yes I do.
Chairman Graveley one last time, I have on the table Resolution
92-22 for Foster RV park. With amendments as conditional use,
three maximum trailers, maximum time limit of 30 days, subject to
ADEC public water and sewer approval, setbacks 15 feet, and a six
foot fenced buffer around, fencing off the adjacent properties.
Commissioner Bannock before we vote on that, I would like to
recall one of the Mr. Fosters to find out their feelings on these
restrictions, because if they're not going to do these restrictions
and wish to withdraw their permit then we are completely back to
where we started anyway. So I was wondering if Mr. Foster should
tell us, or can we live with these?
Gary Foster no, we can't live with these.
Chairman Graveley Mr. Foster could you step to the podium?
Gary Foster, my name is Gary Foster, the thinking is, what we were
after was one or two people for a riverguide to spend the night.
And this thing is so blown out of proportion, it's not only not
feasible but I wouldn't even want it. I wouldn't want to put a six
foot fence down my property line. So, as far as I'm concerned our
application for a permit for an RV park on that lot, is gonna be
retracted. And we'll -just keep it like we are. I mean, I have my
own private one, and I don't intend to move it every 30 days. I
don't think there is any law that tells me I have to move it every
30 days. It's not a permanent, it's a travel trailer, I stay in
it, once or twice a month, maybe and ttat's it. Once in a while I
have a friend who stays in it, other than that, it's definitely
nothing permanent. As far as the fence and all, this has to be,
another thing, this has to be separated from the RV park, our
KENAI PLANNING AND ZONING COMMISSION
July 22, 1992
Page 44
MOTION:
Scott moved approval of Resolution PZ 92-22: Street Naming. Glick
seconded.
VOTE:
Bannock: No Glick: Yes Scott: No Graveley: No
MOTION FAILS FOR LACK OF MAJORITY VOTE.
b. Resolution Pry 92-16: Sign Variance - Italian Gardens
MOTION AND VOTE:
Scott moved reconsideration of Resolution Pz 92-16: Sign
Variance for Italian Gardens. Glick seconded. Passed unanimously.
Graveley asked that PZ 92-16 be put on the table for discussion.
MOTION:
Scott moved approval of Resolution PZ 92-16. Glick seconded.
Chairman Graveley noted the memo from the City Attorney which was
in the packet:.
Scott said that she had originally voted against the resolution I
thought perhaps the Italian Gardens sign which is in the right-of-
way was a portable sign, but it is not.
VOTE:
Bannock - Yes Glick - Yes Scott - "Yes Graveley - Yes
9. REPORTS
a. City Council
Smalley said he had been absent for the last two Council meetings,
but noted the agenda in the packet.
b. Borough Planning
None. Bryson absent.
C. City Administration
KENAI PLANNING AND ZONING COMMISSION
July 22, 1992
Page 43
Gary Foster the only thing I would like to clarify if I could, is
this is totally separate from the RV resort, which we already have
settled?
Chairman Graveley, correct.
Gary Foster okay.
Chairman Graveley, thank you Mr. Foster. With Mr. Foster
withdrawing his request for the CUP, the motion is dead. And the
public hearing is over. The Commission will continue on with the
meeting.
****END VERBATIM****
7. NEW BUSINESS
8. OLD BUSINESS - Reconsideration
a. Resolution PZ 92-18: Street Naming
Chairman Graveley introduced the item and explained that it had
been brought back by request for reconsideration due to the lack of
a majority vote. Again the Commission is in the same situation as
the first vote as far as quorum or majority.
Bannock for discussion purposes I will ask that it be reconsidered
at this meeting.
MOTION:
Bannock moved for reconsideration of Resolution PZ 92-18.
Scott second.
VOTE: Reconsideration
Bannock: Yes Glick: Yes Scott: Yes Graveley: Yes
Bannock Mr. Chairman I'm going to kill this again because I'm
going to vote no, and 1111 tell you why and I hope everyone else
votes no on it. I talked to Mr. Dick Troeger (KPB Planning
Director), who said that the more control the Borough has on the
city the worse it is. The city should have it's own control over
street naming. I talked to a gentleman at PTI, he said that
uniform street name within the Borough, is not imperative for the
new 911 system. I ask for reconsideration on this, because I was
convinced it was part of the E 911 system.
KENAI PLANNING AND ZONING COMMISSION
July 22, 1992
Page 46
reviewed, including mobile home on lot and motorhomes which should
be moved every 30 days according to code.
Bannock felt that the hearing had backed Gary Foster into a corner
and he hoped that Foster and his neighbors would come to some
agreement and present a CUP that everyone could live with.
13. ADJOURNMENT
There being no further business the meeting was adjourned at 11:15
p.m.
Respectfully submitted:,
Loretta Harvey
Transcribing Secretary
KENAI PLANNING AND ZONING COMMISSION
July 22, 1992
Page 45
La Shot said he had a copy of the Mission Street Improvement
project if Commissioner's wished to look at it.
Scott said she had spoken with the City Manager regarding the
situation at RPM's. The City Manager said he would swing by there
and have a report for the commission. For the record Scott wanted
to note that the originator of the RPM's complaint was Ron and
Pauline Goacke of Gallery 25. "They're here tonight and their
hearing this portion of the report and we need to look at this
situation again."
Chairman Graveley asked about follow-up on the perpetual garage
sale on Portlock. He requested a report on this item for the next
meeting.
10. PERSONS PRESENT NOT SCHEDULED
Ron Goacke, Gallery 25, it was called to my attention by a
Commissioner about the RPM problem. Across from this RPM junk yard
RVs park in that open field. By your own admission, the 90 days for
RPM's to clean up has expired, I would like to see something done
about this. Here the City just won the All America City Award
which denotes that we're something special. This is not something
special.
Smalley said that he would talk to the City Manager and also Jack
La Shot would discuss this with Mr. Brighton.
11. INFORMATION ITEMS
1. Memo from City Clerk - Townsite Historic Task Force
Bannock suggested that Kevin Walker be appointed as Council
representative for this Task Force. Graveley thought Chris Monfor
would be a good Council Representative.
2. City Council Agenda
3. KPB Planning Commission Agenda
4. Kenai River Cooperative River Basin Study
12._ COMMISSION COMMENTS & QUESTIONS
Scott felt that the Conditional Use Permit that was discussed
earlier this evening was a lose -lose proposition for everyone
involved. She felt that residents of the area for the proposed CUP
would never go for a rezoning to Recreational down there. Scott
wanted to go on record that violations may be occurring on the
approved permit for that lot. She wanted the violations to be
KENAI PLANNINC- AND ZONING COMMISSION
August 12, 1992
Page 2
MOTION:
Bryson moved approval of Resolution PZ 92-23 Shoreline Heights
Subdivision No. 2 with incorporation of Staff comments " a note be
placed on the plat that would require an installation agreement
upon further resubdivision of Tract Al, requiring the use of Dation
Drive". Glick seconded.
VOTE:
Bryson: Yes, Glick: Yes, Bannock: Yes, Graveley: Yes, Scott: Yes
MOTION PASSES UNANIMOUSLY.
Resolution PZ 92-25: Jettison Junction
La Shot reported that this is the old dump site and that the
smaller tract will remain the transfer site, the larger parcel will
be leased to the Modeler's Club.
MOTION:
Glick moved approval of Resolution PZ 92-25: Jettison Junction
Preliminary Plat.
Graveley asked Bryson to find out the .length of the lease from the
Borough Planning Commission when they reviewed this issue.
Bryson said he would check, but that this type of activity would
probably be subject to a short-term lease.
VOTE:
Bryson: Yes, Glick: Yes, Bannock: Yes, Graveley: Yes, Scott: Yes
MOTION PASSED BY UNANIMOUS CONSENT.
5. PERSONS PRESENT SCHEDULED TO BE HEARD
6._ PUBLIC HEARINGS
a. Resolution PZ 92-24: Encroachment Permit - Tressler
Graveley introduced the item and opened the Public Hearing.
Roger Murphy, 1806 4th Ave, said they had received the notice about
the encroachment and wondered what the activity was, were they
building a sauna, as indicated by the sauna tubes?
La Shot replied that the encroachment is for the existing building.
The home is approximately 6 inches into the City's setback of 25
feet. The applicant is in the process of selling the home and
UNAF---"-
KENAI PLANNING & ZONING COMMISSION
August 12, 1992 - 7:00 P.M.
City Hall Council Chambers
Chairman Art Graveley
MINUTES
1. ROLL CALL
Commissioners
Present: Phil Bryson, Duane Bannock, Art Graveley, -*
Kathy Scott, Carl Glick
Absent: Saylor Rehm, Bernard Landeis
Also Present: Councilman Hal Smalley
Jack La Shot, City Engineer
Loretta Harvey, Transcribing Secretary
2. APPROVAL OF AGENDA
Graveley said he had one item to add to agenda under Information
Items: Memo from Cary Graves regarding Quandt property.
Scott moved approval of agenda as amended and asked for unanimous
consent. Bryson seconded and concurred with unanimous consent.
Passed by unanimous consent.
3._ APPROVAL OF MINUTES - July 22, 1992
Scott said she had some grammatical corrections and asked if she
could just give her corrected minutes to the secretary to make
changes.
MOTION AND VOTE:
Glick moved approval of minutes with grammatical corrections and
asked for unanimous consent. Scott seconded and concurred with
unanimous consent. Passed by unanimous consent.
4._ PLANNING
a. Resolution PZ 92-23: Shoreline Subdivision No. 2
La Shot reported that this was Kenai Peninsula Borough (KPB) land
and that a vacation had previously been granted on this parcel.
The City would be willing to waive the installation agreement on
the new Right -of -Way, Dation Drive, but would like a note on the
plat that if future resubdivision occurred, an installation
agreement would be needed.
KENAI PLANNING AND ZONING COMMISSION
August 12, 1992
Page 4
VOTE:
Bryson: Yes, Glick: Yea, Bannock: Yes, Graveley: Yes,
Scott: Abstain
MOTION PASSED BY MAJORITY VOTE.
S. OLD BUSINESS
a. Portlock - Perpetual Garage Sale
La Shot noted the report by the Building Official that the occupant
was spoken to and appears to have removed all garage sale signs and
cleaned up the area.
9.. REPORTS
a. City Council
Smalley noted the agenda in the packet and said that Ron Goacke had
spoken to Council regarding RPMs.
LaShot said that Keith Kornelis, (Public Works Director) had spoken
to Mellish, RPMs owner, and he was trying to clean up the area, but
needed a little more time.
Ordinance No. 1507-92: Amending KMC Sec. 14.15.110 Plan Adopted
Street Naming failed by Council.
The Vacation on South Ames Road/Lot 1, Caro Subdivision was vetoed.
The City felt all river accesses should be retained.
The grand opening for Vintage Pointe Manor will be September 6th,
and coincide with the City picnic.
b. Borough Planning
Bryson reported on Agenda Items I & J, which were both requests to
purchase Borough lands. These requests were denied.
C. City Administration
La Shot reported the City had received complaints regarding Irene's
Lodge. The complaints were that several guide boats, tents,
trailers and RVs were parked at the site. La Shot had driven by
Irene's and not seen any tents, mobile homes or RVs, there were
however, several guide boats on the lot. A memo in the packet
recommended that Irene submit an application for a Conditional Use
Permit for the guide service.
KENAI PLANNING AND ZONING COMMISSION
August 12, 1992
Page 3
doesn't want a clouded title.
Murphy said he had no problems with this.
Graveley asked if their were more persons present who wished to
testify. Seeing none he closed the Public Hearing.
MOTION AND VOTE:
Bryson moved approval of Encroachment Permit for Tressler. Glick
seconded.
Bryson: Yes, Glick: Yes, Bannock: Yes, Graveley: Yes, Scott: Yes
MOTION PASSED UNANIMOUSLY.
7._ NEW BUSINESS
a. Lease Application - Will & Becky Jahrig
Scott said she would be abstaining from the discussion and vote on
this item since she felt this was a conflict of interest. She was
a major share holder in Salamatof Seafoods, who at one time had
leased the land from the City.
MOTION:
Bryson moved to recommend to Council approval of the Lease
Application for Will and Becky Jahrig, Lot 5, Walkowski-Deland
Subdivision. Glick seconded.
La Shot reported that the applicant cannot afford to pay cash for
this property at this time, under State law the City can't sell
this piece on terms, which means the City must lease the property
to Jahrigs. The applicant has been using this access for
approximately 10 months and Kim Howard, Administrative Assistant
suggests that the lease payments be retroactive.
Bannock asked if the City had been receiving payment on this
property from either Salamatof or Jahrig for the past ten months?
If :not, he felt that the comments of Kim Howard should be included
in the motion.
AMENDED MOTION:
Bryson moved to amend motion to include comments "back dating the
effective date of the lease to October 7, 1991." Glick concurred
with amendment.
KENAI PLANNING AND ZONING COMMISSION
August 12, 1992
Page 6
no jurisdiction.
Scott said she felt that someone needs to pick up the phone and
call the State and determine whether or not the State Lease
requires the lessor to conduct their occupancy of the property by
the codes of the Municipality in which that property is. This has
sat for two months and it's just like the RPMs thing. It's too th-e
point that there may need to be established a Citizen's Action
Committee if' we can't take care of these kinds of problems.
The City Council is responsible to see these kinds of things get
taken care of, if there is a basis for complaint, which, in this
case there is.
Smalley asked if that was a motion to get this resolved?
Scott said a motion was not. needed, but it should probably be
directed to City Council, since they are the ones who hire the
Administration. In a complaint driven system there has too be a
way to take care of these issues.
Glick said that there had been a drive at one time to clean up this
area. He said the group working on this was told there was nothing
the City could do. Glick was glad to see that the City Attorney
felt there was something that could be clone to get the occupants to
clean up this area, or erect a site obscuring barrier.
Graveley reported that Bernard Landeis, had resigned from the
Commission, because he was being transferred to Anchorage. Also,
Saylor Rehm has missed numerous meetings and by the KMC he should
probably be replaced. Graveley instructed Harvey to send a letter
to Rehm to find out if he wished to remain on P & Z.
Scott reported on the Townsite Historic Task Force Meeting. Jim
Arness was elected chairman. The group had scheduled a tour of Old
Towne for August 29th, they will be meeting at the Senior Center at
2:00 p.m. The next Task. Force meeting will be September 3rd, 7:00
p.m., City Council Chambers. Scott :invited P & Z members to
attend.
Smalley added that Councilwoman Monfor and Mayor Williams would
take turns representing Council at those meetings.
Graveley requested that information on these meetings be included
in P & Z packets.
KENAI PLANNING AND ZONING COMMISSION
August 12, 1992
Page 5
La shot had also investigated a complaint of RVs behind King's Inn.
He had driven by King's Inn and there were no RV's on this site.
He also reported that he had spoken to the firm that is doing the
architectural work for K-Mart. The firm is intending to begin some
ground work before winter.
La Shot also reported that Bill Brighton and Howard Hackney were in
the hospital.
10. PERSONS PRESENT NOT SCHEDULED
11. INFORMATION ITEMS
1. Western Planner Article - Stan Steadman
2. Original Letter to RPMs
3. Memo to Cary Graves - Foster CUP
4. Council Action - Caro S/D Vacation
5. City Council Agenda
6. KPB Planning Commission Agenda
12. COMMISSION COMMENTS & QUESTIONS
Scott requested that get well cards be sent to Brighton and Hackney
from the Commission.
Bannock asked what the status was on the Foster Brother's issue?
La Shot said that Hackney had been investigating this issue, but
had gone to the hospital before giving a complete report to Staff.
He also noted the letter from Foster, which had been added to the
packet information.
Scott mentioned the memo regarding the Quandt property, she had
spoken to the City Manager about this property and he had told her
there was a problem with this because it was State leased land.
Scott said she was glad to see the memo about this if it is not a
permitted activity it should be addressed. The number of cars are
increasing and there is no barrier. It looks like the City
Attorney made some recommendations on June 4th, but this is August,
what has happened since the original memo?
Loretta Harvey reported that she had passed that information on to
the City Manager and asked if P&Z should make a recommendation to
Council. The Planning Staff have not heard anything back from
Administration.
Smalley said that the City has tried to resolve this matter before
but nothing was ever accomplished. When he had talked to Bill in
June, but he as also told it was State leased land and the City had
MEMORANDUM
DATE: AUGUST 11, 1992
TO MAYOR JOHN WILLIAMS
KENAI CITY COUNCIL
FROM: JACK LA SHOT, CITY ENGINEER
RE: IRENE'S LODGE - HOME OCCUPATION PERMIT
On the above referenced date I drove by the site and noticed
several boats parked on the lot. There were no RV"s or trailers.
The original permit was issued in January 1985. Conditions of the
original permit were :
The business occupy no more than 300 of the total floor
space.
No more than one person outside the family be employed.
There are no traffic or parking problems.
Individual exits are provided.
No more than 5 rooms are occupied by travellers at one time.
There have been complaints issued against this operation in 1987
and in 1991. Both times the complaints were investigated and no
action was taken by the City.
Under KMC 14.20.230 Home Occupations: . . . "In general, a home
occupation is an accessory use so located and conducted that the
average neighbor, under normal circumstances would not be aware of
its existence other than for a sign as permitted in this chapter."
Staff would recommend the Fandels amend their original permit to a
Conditional Use Permit (CUP) to allow for the guide business, which
was not included in the first application. (Normally this activity
would be covered under a CUP for Bed & Breakfast but this ordinance
was not in effect until 1989.)
C:\WP51\DOCS\FANDEL
KENAI PLANNING AND ZONING COMMISSION
August 12, 1992
Page 7
13. ADJOURNMENT„
There being no further business the meeting was adjourned at 8:15
p.m.
Respectfully submitted,
Loretta Harvey
Transcribing Secretary
1791-1991
CITY OF KENAI
,C 44zaL ,
_ 210 FIDALGO KENAI, ALASKA 99611
TELEPHONE 283 - 7535
FAX 907-283.3014
MEMORANDUM
TO: Loretta Harvey, Administrative Assistant
Planning Department
FROM: C%C� Cary R. Graves, City Attorney
DATE: June 4, 1992
RE: Quandt Property
This memorandum is in response to your y-nquiry regarding the Quandt
property. I do not feel that the activity there meets the
definition of "storage" under the "Manufacturing/Fabricating/
Assembly/Storage" category of the Land Use Table. I feel that
"storage" in that category relates to storage of newly manufactured
or assembled material.
In reviewing the code, I did find a section which relates to the
storage of junk automobiles. KMC 14.20.050(h) concerns outside
storage of junk which is visible from a roadway. (This might also
relate to RPM's storage concern). The above section appears to
require persons storing junk outside which is visible from a
roadway to get a conditional use permit. It also allows the city
to require an eight foot fence to be erected around the site as a
condition of granting the conditional izse permit.
If you have any other questions regarding this matter, please let
me know.
CRG:dc
�1
a
BILL BRIGHTON�;
CITY MANAGER
CITY OF KENAI:
210 FIDALGO ST
KENAI,. ALASKA 99611
DEAR MR. 3RIGHTON,
I FEEL IT NECESSARY TO WRITE THIS LETTER TO ADDRESS THE ISSUE OF
MOTOR HOMES AND TRAVEL TRAILERS PARKED ON PRIVATE PROPERTY WI"HI,N
THE CITY OF KENAI. I UNDERSTAND THE LAW IS CLEAR ON THE
RESTRICTION OF PEOPLE LIVING IN THESE UNITS FOR MORE THAN ,U
AT A TIME. AS A RESULT OF THE LAST P&Z MEETING, HOWARD HA(KITE"
MADE AN INSPECTION OF OUR PROPERTY WHICH IS LOT 1 ANGL R tACRL.:.
HAVE A 31 FOOT "TRAVELEZE" TRAVEL TRAILER PARKED ON THIS Pl1 OP1:� TY
AND THE DICUSSIJtl IS WHETHER OR NCT I SHOULD BE REQU1Kr.'u
THIS TRAILER EVERY 30 DAYS TO COMPLY WITH THE LAWS OF N F "'I'i" QF'
KENAI. TH S TRAILER HAS NO FIXED MECHANICAL CONNEC''I(.jNS ','�-)
SERVICES, HAS CRANK UP JACK STANDS UNDERNEATH IT AND IS
ON A MOMENTS NO'1'I C:E . THERE IS NOTHING PERMANENT AI3uU`I' 'I'1: I S :,H-
AND IT IS SIMILAR TO HUNDREDS OF TRAVEL TRAILERS PARKED
THE BA14KS OF THE KENAI RIVER DURING THE RECREATIONAL Sist�SG:�.
ONE LIVES IN THE TRAILER , THOUGH OCCASIONALLY WE DC v.Pi�"iiD
NIGHT 'THERE. AS MENTIONED , THIS IS A SEASONAL :'ET11
GATE I `I LOCKED AND THE PROPERTY I S CLOSED DOWN FOR THE I LATER �
SOON A:> FFEEZEUP LIETS 111. BASICALL`i WE USE I'l' &'ROM MAY T,
I SEE NO PURPOSE FOR REQUIRING THE 14OVEMEDIT OF THIS TRA`�EL
TRAILER AND THE MANY HUNDREDS OF OTHERS IN THE CITY OF KENAI, N1'
I WOULD REQUEST A COPY OF THIS LETTER BE GIVEN TO EACH
COMMISSIONER ON THE PLANNING AND ZONING COMMITTEE FO-, THEIR C +-
S I DERATION . ALSO TO BE CONSIDERED IS THE COST OF ENFORCEMENT C
SUCH A RULING.
AS I MENTIONED TO
HOWARD HACKNEY
, I WOULD
13E PLi�ASFD AT ANY I . Mi%
TO OPEN
MY CAMPER
FOR INSPECTION
AND ALSO
C;t_�T!:�E A T011P OL-' Tii;
RIVER BIDE"
OF ANGLER
ACRES. THI.
PROPERTY
IS 'JRLL 1,E'PT ?,ND A�
OBVIOU::
PFIDE OF' (-:GINERSHIP
IS
UED Ati[)
BREAKFA�'T
AND C'R1V,Tllo, RE'I1)1i;IHC-F
PI VER . I
E).M ALW:;Y:.
PROUD TO SHO'Iq
3USIN!-'."1-3
-%,.NL) P�Fl-ATI''Lc
TL'N(-
3 t; f-, /
MEMORANDUM
DATE: June 2, 1992
TO: Bill Brighton, City Manager
FROM: Loretta Harvey, A.A. Planning`(
RE: QUANDT PROPERTY RESEARCH
I asked Cary Graves to research the Code for violation regarding
storage of junk vehicles on the above referenced property (see
attached memo). Graves researched the code and found:
14.20.050-14.20.080
(h) Exception to this Section - Outside storage of Junk.
Notwithstanding the provisions of this section, no junked vehicles
or junk shall be stored outside and no unenclosed junk or wrecking
yard shall. be .maintained in a location which is visible from a city
or state road in anv zone. However, the Commission may grant a
conditional use permitt under the procedure specified in this
chapter allowing said LlSe to continue for a specified period of
time %f :
('1) An eight foot high sight -obscuring fence of gcod
appearance has been provided around said use.
(Ords. 925, 1155)
I can find no record that the owner of this property has obtained
a conditional use permit for this use. Would you like the Planning
and Zoning Commission to make a recommendation regarding this
matte,?
KENAI BEAUTIFICATION COMMITTEE
August 4, 1992
Page 2
C. Abandoned houses
Sparks was concerned about several abandoned houses within the city
which are an eyesore and possible safety hazard. One of the houses
was a log home located on 4th avenue, and another one was at the
corner of 2nd and Floatplane Basin Road.
Swarner said she would talk to Howard Hackney about what could be
done about these houses.
d. Flower Boxes
The Beautification Committee felt the flower boxes were not as
pretty as in the past.
Bob Frates said that the greenhouse had tried some different
varieties of flowers and they were not as bushy as flowers used
previously.
Loretta Breeden thought that the boxes should go out for bid and
the Committee should specify the types of flowers wanted for the
boxes.
Bob Frates said he thought it would be more efficient for the
summer hire to take care of the boxes. Presently they have to haul
the boxes to and from the nursery and take care emptying the boxes
and storing the dirt. It would probably be easier to store the
boxes somewhere in the city shop, purchase the flowers and plant
themselves. The flowers could be purchased from several
greenhouses in the area.
MOTION AND VOTE:
Loretta Breeden moved that Parks and Rec come back with a
recommendation to the Beautification Committee regarding flower
boxes for the future. Glenn Jackson seconded. Passed unanimously.
MOTION AND VOTE:
Breeden moved that the Committee specify the types of flowers which
should be used in the boxes, by October, which would give
greenhouses time to order seeds. Jackson seconded. Passed
unanimously.
Breeden asked that the budget be broken into categories so the
Committee would know how much money is available for flowers.
e. Communication Between Committee, Parks and Rec and Council
Sparks expressed concern that. the communication between the three
entities was poor. She cited the letter sent to the Mayor
regarding the: T-33 airplane, which was never recognized. Also the
KENAI BEAUTIFICATION COMMITTEE
August 4, 1992
Page 3
Committee was told there was no money for sidewalks in Lief Hansen
Memorial Park and now there were new sidewalks. Also, the city
received honorable mention for Beautification from the Chamber and
the Committee was not notified.
Swarner said that the award for Beautification was just presented
at the last Council meeting. The money from sidewalks had been
allocated previously and carried over from the past year.
Sparks felt frustrated because she felt that the Committee had
nothing to do.
Breeden said she would like to start a program where the Chamber
businesses sponsored a rose or lilac bush and these were planted in
front of City buildings. Perhaps a garden could be created in Leif
Hanson Memorial Park.. The Sitka Rose and lilacs are low
maintenance flowers and would be a beautiful addition to the City.
Sparks asked that this item be placed on the agenda for the
following meeting.
f. Trash Problem - Dragnet Fisheries
Jeneane Benedict said she had contacted the City regarding all the
trash by Dragnet Fisheries. She was told there was nothing the
City could do about it since it was private property. She then
contacted Dragnet and they told her it was not their problem as
none of the campers worked at Dragnet. Dragnet did say that they
had sent a crew to clean up the area.
I:,inda Swarner suggested that perhaps DEC should be contacted, as it
appeared to be a health hazard.
Jeneane Benedict thought that the area should be posted and fines
should be imposed on those who break the State litter law.
6. QUESTIONS AND COMMENTS
Swarner asked if the Committee would write a letter to the summer
hire crew, thanking them for the good job they had done on
maintaining the City Parks and flowers.
Loretta Harvey said she would draft a letter of thanks from the
Committee and have Chairwoman Sparks sign it.
7. ADJOURNMENT
Respectfully submitted,
Loretta Harvey
Transcribing Secretary
1. ROLL CALL
Commissioners
Present:
Absent:
Also Present:
KENAI BEAUTIFICATION COMMITTEE
August 11, 1992 *** 1:30 p.m.
Public Works Conference Room
Chairwoman Geraldine Sparks
***MINUTES***
Geraldine Sparks, Jeneane
Jackson, Loretta Breeden
Margaret Malmberg, Ron Malston
Benedict, Glenn
Councilwoman Linda Swarner, Bob Frates,
Parks and Rec Department, Loretta Harvey,
Transcribing Secretary
2. APPROVAL OF AGENDA
3. APPROVAL OF MINUTES April 14, 1992
4— OLD BUSINESS
5. NEW BUSINESS
a. Absenteeism
Sparks said she was disappointed in the fact that the committee has
trouble obtaining a quorum. She said she talked to Ron Malston and
he said he wished to remain on the committee. However, he had
missed several meetings and may need to be replaced according to
the Kenai Municipal Code.
Margaret Malmberg was resigning from the Committee due to health
problems, which would leave -two vacancies because Lil Hakkinen's
position had not been filled. This would make it increasingly hard
to obtain a quorum.
b. Flags
Sparks said that several of the flags had been stolen from City
buildings. She suggested that the new Kenai flags be replaced with
one-sided flags. The original flag was designed to have the logo
on both sides, but they were produced with fabric on both sides.
A single sided flag would be less expensive and fly better in the
wind.
MOTION AND VOTE:
Jeneane Benedict made a motion to recommend that the City of Kenai
flags be replaced with one-sided flags. Glen Jackson seconded.
Passed unanimously.
MEMORANDUM
DATE: AUGUST 11, 1992
TO MAYOR JOHN WILLIAMS
RENAI CITY COUNCIL
FROM: BEAUTIFICATION COMMITTEE
RE: CITY OF RENAI - FLAGS
At their meeting on the above referenced date the Committee voted
to recommend to Council that the present City of Kenai flags be
made one-sided. The flag was originally designed to show the logo
on both sides, but the flags were produced with material on both
sides. The Beautification Committee felt that the flags might. fly
better and be less costly if they were one sided.
7.35.030-7.35.06C
(b) in its discretion, the City Council will request
additional information itself or through its City Manager and
will postpone action on an application which in its judgment
requires additional information.
(c) If the City Council disapproves an application, it will
instruct its City Manager to notify the applicant of the
disapproval.
(d) if the City Council approves an application, the
applicant shall enter into a reimbursement agreement with the
City pursuant to KMC 7.35.050 and the project will proceed
pursuant to the bond counsel's and financial advisor's
recommendations. (Ord. 505)
7.35.040 Inspection of Records: An applicant shall make
its books and records available for inspection at a reasonable
time by the City Council, its City Manager, or its agents, upon
receipt of : written request to inspect the applicant's books and
records. (C)rd. 505)
7.35.050 Costs and Financing Fees: (a) An applicant shall
pay or agree to pay the direct costs of evaluating its
application in advance unless this cost is waived by resolution
of the City Council for good cause. The City Council or its City
Manager will determine the direct cost of evaluating the
application. No application will be finally considered until the
cost is fully paid. A contractual agreement may be authorized
and entered into by the City Council whereby the applicant shall.
guarantee a sum certain to cover the direct costs and fees in
evaluating the application by the City's bond counsel and its
financial advisor. Said contract may provide for the payment of
a retainage to the City to insure the availability of funds to
pay for the afcrementic:ned services.
(b) An applicant may also be required to pay a financing
fee equal to a, certain percentage of the total amount of
financing as determined by the City Council to defray expenses of
the City except that the City Council may elect to waive such a
fee should the circumstances so warrant.
(c) Renumeration of costs and fees in this section does not
constitute a limitation upon other costs and fees that may be
prescribed ;c ✓ law Dr contract:. (Ord. 505)
7.35.060 Sunervision,of_Proceeds _of Bond Issue: So long as
there is any outstanding bond remaining to be redeemed under a
bond issue, the Ci y --o uncil will, in its discretion, require
that the applicant whose financing of a project is approved
shall, whenever requested by the authority:
(a) Permit an audit or examination of its books and records
by an independent fir~ of certified public accountants at a
reasonable time to determine whether the provisions of the bond
7-18
(City of Kenai
Supp. #44 - 5/8/87)
CITY OF KENAI
TOWNSITE HISTORIC TASK FORCE
August 4, 1992 - 7:00 P.M.
City Hall Council Chambers
1. ROLL CALL
Task Force Members:
Present:
Absent:
Planning and Zoning:
Council Representative:
2. APPROVAL OF AGENDA
3. NEW BUSINESS
MINUTES
Jim Arness, Ronald Malston,
Dorothy McCard, Becky Tromblee
Jim Bookey, Barry Eldridge
Kim McCune, Roger Meeks
Kathleen Scott
Mayor John Williams
a. Election of Officers
Jim Arness was elected Chairman of the Task force.
b. Meeting Schedule
Mayor Williams, noted the memo regarding the Mission Street
improvement plan, the Planning and Zoning recommended a public
hearing before their meeting of August 26th. The Commission had
asked the Task Force to set the date so they could attend.
The Mayor felt there were some other areas, he wished to have the
Task Force look at. He mentioned three areas, look at Mission
Street improvements; look at complete review study which was done
by Kasprisin in 1985, see how this would fit into overall picture
for Old Towne; and look at the zone size and ordinance. The group
needs to look at what should be done with some historic artifacts
such as the cannon, which has been around since the turn of the
century. Also, since Fort Kenay was recently turned over to the
Kenaitze Indian Tribe the buildings behind the fort may need to be
relocated. These items should all be incorporated into the Task
Force's job, because these are things that are historic in nature.
E. MINUTES
1. *Regular Meeting of July 15, 1992.
F. CORRESPONDENCE
G. OLD BUSINESS
1. a. 7/3/92 D. Slone Letter - Kenai Congregate Housing
Extended Services - Clarification.
b. Resolution No. 92-50 - Transferring $89,600 in the
Senior Citizen Congregate Housing Capital Project
Fund for Additional Inspection Services.
H. NEW BUSINESS
1. Bills to be Paid, Bills to be Ratified
2. Purchase Orders Exceeding $1,000
3. *Ordinance No. 1509-92 - Increasing Estimated Revenues
and Appropriations by $1,823.43 in the General Fund for
Library Materials.
4. Approval - Assignment of Lease, Lots 5 & 6, Cook Inlet
Industrial Air Park/Bielawski Chidrens' Trust.
5. Approval- Amendment of Solicitation/Modification of
Contract - Kenai NAS Communication System Site.
6. Approval - Change Order No. 1, Kenai Fire Department
Bay Addition/Holden Company.
7. Approval - Vacation of Section Line Easement - South
Ames Road/Lot 1, Caro Subdivision.
8. Discussion - Purchase Decisions for All -America City
Decals, etc.
a. Lapel Pins
b. Decals
C. Banners
d. Fireworks
9. Approval - Request for Additional Inspection/McCool-
Carlson-Green, Wm. J. Nelson & Associates.
10. Discussion - Thompson Park Water & Sewer Project.
11. Discussion - Paving on Beaver Loop Property.
-2-
AGENDA
KENAI CITY COUNCIL - REGULAR MEETING
AUGUST 5, 1992
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 Minutes)
1. Joe Champion - City Building and Mechanical Codes and
Inspections.
C. PUBLIC HEARINGS
1. Ordinance No. 1507-92 - Amending Kenai Municipal Code
Section 14.1.5.110 Entitled, "Plan Adopted."
2. Ordinance No. 1508-92 - Amending KMC 23.05.010 to
Comply with Lawful Employment Qualifications.
3. Resolution NO. 92-53 - Declaring the Following
Equipment, Supplies, and Materials Surplus or Obsolete.
4. *1992 Raffle Ticket Sales/Moose Lodge
D. COMMISSIONJCOMMITTEE REPORTS
1. Council on Aging
2. Airport Commission
3. Harbor Commission
4. Library Commission
5. Parks & Recreation Commission
6. Planning & 'Zoning Commission
7. Miscellaneous Commissions and Committees
-1-
12. Discussion - PTI Project.
13. Discussion - Resolution Providing for Submission to the
Qualified Voters of the City of Kenai, at the Regular
Election to be Held October 6, 1992, an Advisory Vote
for the Purpose of Recommending an Increase in the
Sales Tax Rate from Three Percent (3%) to Four Percent
(4%) of Taxable Sales, a 1.5 Mill Rate Decrease in
Property Tax, and Elimination of the Hotel/Motel Room
Tax.
I. ADMINISTRATION REPORTS
1.
Mayor
2.
City Manager
3.
Attorney
4.
City Clerk
5.
F'inance Director
6.
Public Works Director
7.
Airport Manager
J. DISCUSSION
1. Citizens (five minutes)
2. Council
K. ADJOURNMENT
-3-
KENAI CITY COUNCIL MEETING MINUTES
AUGUST 5, 1992
PAGE 2
ITEM B: SCHEDULED PUBLIC COMMENT
B-1. Joe Champion - City Building and Mechanical Codes and
Inspections.
Not present.
B-2. Ron Goecke - Complaint/Adjoining Business.
Mr, Geocke introduced himself as the owner of Gallery 25. Geocke
complained of a business situated along Frontage Road. Geocke
stated he has written to the City and complained of the mess made
by the adjoining business. Geocke stated that a copy of the
letter was sent to all the Councilmembers and the Administration.
There has been no change in the business. Geocke stated that he
understood that the owner of that business was given 60 days in
which to clean up the area. Geocke requested Council to direct
City Manager Brighton to get the area cleaned up.
Councilman Smalley stated that Geocke discussed his complaint
with the Planning & Zoning Commission as well. Smalley added
that he had discussed the problem personally with Brighton.
Smalley stated that he understands that 90 days were given to the
business owner to clean up the area. Williams noted that
Brighton is out of town and the City Attorney was absent from the
meeting.
Geocke stated he has spoken with the Building Official, Howard
Hackney. Hackney stated that there is a gray area for the
complaint. Williams stated that the complaint and problem will
be directed to Brighton as soon as he returns.
ITEM C: PUBLIC HEARINGS
C-1. Ordinance No. 1507-92 - Amending Kenai Municipal Code
Section 14.15.110 Entitled, "Plan Adopted."
MOTION:
Councilman Smalley MOVED for approval of Ordinance No. 1507-92
and Councilman McComsey SECONDED the motion.
`There was no public comment. It was noted by City Engineer
LaShot that this is the ordinance that was defeated by Planning &
Zoning, reconsidered, and defeated a second time. LaShot
KENAI CITY COUNCIL REGULAR MEETING
AUGUST 51 1992
KENAI CITY COUNCIL CHAMBERS
MAYOR JOHN J. WILLIAMS, PRESIDING
ITEM A: CALL TO ORDER
Mayor Williams called the meeting to order at approximately 7:10
p.m. in the Council Chambers in the Kenai City Hall Building.
A-1. PLEDGE OF ALLEGIANCE
Mayor Williams led those assembled in the Pledge of Allegiance.
A-2. ROLL CALL
Roll was taken by the City Clerk. Present were: Smalley,
Williams, Walker, Swarner, Monfor, Measles and McComsey.
A-5. AGENDA APPROVAL
Mayor Williams requested the following changes to the agenda:
ADD: B-2, Ron Goecke, Complaint/Adjoining Business.
C-3, Additional items for the auction list.
G-1(a), .Additional information from Livingston -Slone
regarding the Kenai Congregate Housing Project
Agreement Amendment.
H-1, Pay Estimate No. 2, Kenai Airport Drainage &
Safety Zone Improvements/Zubeck, Inc., $296,649.50
MOTION:
Councilman Smalley MOVED for approval of the Agenda as amended
and requested UNANIMOUS CONSENT. Councilman McComsey SECONDED
the motion. There were no objections. SO ORDERED.
A-6. CONSENT AGENDA
There were no changes the Consent Agenda.
MOTION:
Councilman Smalley MOVED for approval of the Consent Agenda as
presented. There were no objections. SO ORDERED.
KENAI CITY COUNCIL MEETING MINUTES
AUGUST 5, 1992
PAGE 4
C-2. Ordinance No. 1508-92 - Amending KMC 23.05.010 to
Comply with Lawful Employment Qualifications.
MOTION:
Councilwoman Swarner MOVED for adoption of Ordinance No. 1508-92
and requested UNANIMOUS CONSENT. Councilman Walker SECONDED the
motion. There were no public or Council comments.
VOTE:
Smalley: Yes
Swarner: Yes
McComsey: Yes
Williams: Yes
Monfor: Yes
MOTION PASSED UNANIMOUSLY.
Walker: Yes
Measles: Yes
C-3. Resolution NO. 92-53 - Declaring the Following
Equipment, Supplies, and Materials Surplus or Obsolete.
MOTION:
Councilman Smalley MOVED for approval of Resolution No. 92-53 as
amended by the C-3 addition of 20 telephones. Councilwoman
Swarner SECONDED the motion.
There were no public comments. Councilman Walker was assured
that the lawn mower to be auctioned was not the new one.
Kornelis was requested to check on the truck tires.
VOTE:
Councilman McComsey requested UNANIMOUS CONSENT. There were no
objections. SO ORDERED.
C-4. 1992 Raffle Ticket Sales/Moose Lodge
Approved by Consent Agenda.
ITEM D: COMMISSION/COMMITTEE REPORTS
D-1. Council on Aging
Swarner reported the minutes were included in the packet.
"Adopt -a -Highway" was discussed. The Senior Center has adopted a
KENAI CITY COUNCIL MEETING MINUTES
AUGUST 5, 1992
PAGE 3
suggested Council may want to return the ordinance to Planning &
Zoning as they had concerns about adopting the Borough plan.
LaShot suggested that another plan could be developed by Planning
& Zoning.
LaShot added that the Commission was concerned that the City
would be relinquishing authority to name streets if the Borough
plan is adopted. The Code states now that the Planning & Zoning
Commission is to present a plan to Council. At this time, this
has not been done. LaShot added that the Borough is working on a
street -naming plan. There are not many differences from the way
it is done now. The Borough is planning to adopt the City's
building numbering system. No new streets are known to be
needing named in the near future.
Smalley stated that he will object to the ordinance. Smalley
suggested that it be voted down or remanded to P&Z. If there is
not something specific in the Code, perhaps there should be.
LaShot recommended that it be remanded to P&Z for amendment or
development of a new plan. LaShot added that at this time, the
City names the street and the Borough accepts those names. The
Borough is adopting their ordinance for rural areas outside the
cities. Measles stated he did not believe the ordinance was
necessary.
Assembly President Betty Glick was present and spoke to Council.
Glick stated that one aspect of the street naming process is to
expedite emergency response time. The Enhanced 911 System is
being developed and the Borough is attempting to find streets in
the area that are named the same. Chief Ross stated that the
City does not have to change the ordinance in order to
participate with the Enhanced 911 System. The dispatcher's
screen will be coded to tell which service provider will respond
to each emergency. When the Enhanced 911 System was originally
discussed, they were assured that the cities would not have to
change their street naming ordinances.
VOTE:
Smalley: No
Swarner: No
McComsey: No
Williams: No
Monfor : No
MOTION UNANIMOUSLY FAILED.
Walker: No
Measles: No
KENAI CITY COUNCIL MEETING MINUTES
AUGUST 51 1992
PAGE 6
The Commission also discussed RPM's and the year -around garage
sale on Walker Lane. Smalley stated he spoke with Brighton and
was told those items have been addressed.
Smalley stated that he would not be available as the council
representative to the Townsite Historic Task Force.
LaShot was requested to check on an RV park on the bluff as part
of Toyon Villa Apartments. LaShot stated a representative of
that business came to City Hall and asked whether that business
could be placed there. LaShot stated that with the TSH code as
it is, a conditional use permit is not required unless they need
a building permit. LaShot stated that he advised them to check
with DEC in regard to sewer regulations. They are to forward a
design for water construction to the City.
Williams stated that he was present at the first TSH Task Force
meeting. Jim Arness was appointed as chairperson of the Task
Force. A council representative is needed. Monfor stated she
will attend the next meeting. Williams added that the
development of the street paving will be held until Spring so
that the Task Force can review it. Williams stated that he also
assigned the Task Force to the disposition of the antique cannon,
as well as addressing historical buildings and zoning.
A walking tour of the area will be held on August 29 at 2:00 p.m.
The next meeting of the Task Force will be September 3 at 7:00
p.m. Williams added that the street paving will be run through
the Task Force.
D-7. Miscellaneous Commissions and Committees
Williams reported that the community picnic plans are progressing
well.
BREAK: 7:56 P.M.
BACK TO ORDER: 8:12 P.M.
ITEM E: MINUTES
E-1. Regular Meeting of July 15, 1992.
Approved by Consent Agenda.
KENAI CITY COUNCIL MEETING MINUTES
AUGUST 5, 1992
PAGE 5
portion of the highway in the City. The dedication of the
Congregate Housing is scheduled for 1:00 p.m. on September 6,
1992.
Williams reported that he discussed a dedication plaque with
Porter and LaShot. LaShot is discussing the plaque with the
casting company. The plaque should be here for the dedication.
D-2. Airport Commission
Measles reported there was no meeting. Williams stated he toured
the drainage project and it is progressing well.
D-3. Harbor Commission
Walker reported there was no meeting. The next meeting is
scheduled for September 14. Walker requested Kornelis to check
on the "No Wake" signs at the harbor. Williams stated that he
visited the dock durinc; the season. He has received many
compliments regarding the dock and its operation. He has
received no criticisms. Williams complimented Kornelis and his
staff.
D-4. Library Commission
Monfor reported there was no meeting. There will be a book sale
in the front of the library on August 15.
D-S. Parks & Recreation Commission
McComsey reported there was no meeting and will not be until
September.
D-6. Planning & Zoning Commission
Smalley reported that an action agenda was included in the
packet. Smalley added that the Commission discussed the
allowance of a pawn shop in the TSH Zone. It was approved.
Also discussed was a Conditional Use Permit for Fosters Guide
Service off Angler Acres. A public hearing was conducted where a
lot of concern was expressed by neighbors of Fosters. Fosters
removed their application.
KENAI CITY COUNCIL MEETING MINUTES
AUGUST 5, 1992
PAGE 8
ITEM H: NEW BUSINESS
H-1. Bills to be Paid, Bills to be Ratified
MOTION:
Councilman Smalley MOVED to pay the bills with the addition of
the Pay Estimate to Zubeck, Inc. in the amount of $296,649.40 for
the Airport Drainage Project. Councilman Measles SECONDED the
motion. There were no objections. SO ORDERED.
H-2. Purchase Orders Exceeding $1,000
MOTION:
Councilman Measles MOVED for approval of the purchase orders over
$1,000 and Councilman McComsey SECONDED the motion. There were
no objections. SO ORDERED.
H-3. Ordinance No. 1509-92 - Increasing Estimated Revenues
and Appropriations by $1,823.43 in the General Fund for
Library Materials.
Approved by Consent Agenda.
H-4. Approval - Assignment of Lease, Lots 5 & 6, Cook Inlet
Industrial Air Park/Bielawski Chidrens' Trust.
Administrative Assistant Kim Howard stated that the City Attorney
reviewed the Assignment of Lease and had no problems with it.
The lessee is current in lease payments and taxes. The property
was leased to Haliburton. Attorney Graves has discussed the
assignment with the Bielawski attorney. Their consent to the
assignment will not release any responsibilities Bielawski's have
as a trust. Mr. Bielawski wants to assign the lease separately
to his children and not: through a trust:..
MOTION:
Councilman Smalley MOVED for approval of the assignment of the
lease on Lots 5 & 6, Cook Inlet Industrial Air Park, Bielawski
Chidrens' Trust. Councilman McComsey SECONDED the motion. There
were no objections. SO ORDERED.
KENAI CITY COUNCIL MEETING MINUTES
AUGUST 5, 1992
PAGE 7
ITEM F: CORRESPONDENCE
None.
ITEM G: OLD BUSINESS
G-1a. 7/3/92 D. Slone Letter - Kenai Congregate Housing
Extended Services - Clarification.
Extended services were approved at the July 22, 1992 meeting.
G-1b. Resolution No. 92-50 - Transferring $89,600 in the
Senior Citizen Congregate Housing Capital Project Fund
for Additional Inspection Services.
Kor.nelis referred to copies of the correspondence included in the
packet and distributed to Council at the beginning of the meeting
in regard to the amending of the contract with Livingston -Slone.
The letter and amendment were written by Attorney Graves stating
the wishes of the Council. Livingston -Slone signed the amendment
and forwarded it to the City. Appropriation of the monies to pay
Livingston -Slone for their extended inspection services needs
action at this time.
Walker reminded Council that with reluctance, he must move to
reconsider the resolution.
MOTION:
Councilman Walker MOVED to reconsider Resolution No. 92-50 and
Councilman Smalley SECONDED the motion. There was no discussion
and no objections to UNANIMOUS CONSENT. SO ORDERED.
MOTION:
Councilwoman Swarner MOVED for adoption of Resolution 92-50 and
requested UNANIMOUS CONSENT. Councilman Smalley SECONDED the
motion. Walker objected.
Walker stated he did not object to the request for unanimous
consent, but to paying Livingston -Slone that much money.
RESOLUTION PASSED UNANIMOUSLY.
KENAI CITY COUNCIL MEETING MINUTES
AUGUST 5, 1.992
PAGE 10
VOTE:
There were no objections. SO ORDERED.
H-7. Approval - Vacation of Section Line Easement - South
Ames Road/Lot 1, Caro Subdivision.
MOTION:
Councilman Smalley MOVED for approval of the vacation of a
section line easement on South Ames Road, Lot 1, Caro
Subdivision.
Swarner noted that Fish & Game objected to the vacation due to
the access it gives to Beaver Creek. LaShot confirmed that it
will deny access to Beaver Creek and is against the River
Management Plan. LaShot added that it is physically difficult
going down the section line to get to 'the Creek.
Walker stated that he did not believe it difficult to go up and
down the bank to get to the Creek. Walker added that many people
use the trail. to get to the Creek. Walker stated that he objects
to any removal to the easement, especially because of the access
to the water.
Williams reminded Council that they had denied an easement below
this area. Williams added that if they denied one easement, they
should deny the second request as well. Smalley referred to the
letter from Fish & Game which was included in the packet.
Smalley stated that it is confusing. Smalley stated that he
objects as well.
Measles stated that. the request is for a vacation of a section
line easement and a right-of-way as well. Walker stated that he
believes it .imperative that both be maintained. Measles added
that both Division of Parks and the Department of Transportation
object.
VOTE:
Smalley: No Williams: No Walker: No
Swarner: No Monfor: No Measles: No
McComsey: No
MOTION FAILED UNANIMOUSLY.
KENAI CITY COUNCIL MEETING MINUTES
AUGUST 5, 1992
PAGE 9
H-5. Approval- Amendment of Solicitation/Modification of
Contract - Kenai NAS Communication System Site.
MOTION:
Councilman Smalley MOVED for approval of the amendment of
solicitation/modification of contract for the Kenai NAS Community
System Site. Councilman Measles SECONDED the motion.
Smalley stated this item was discussed by P&Z. The amendment
allows more antennas to be placed. Measles asked if they are
asking for additional land for no additional lease payments.
Administrative Assistant Howard stated yes. Howard added that
the lease states they will have access to the property without
payment to the City.
Measles asked if the antennas could be removed from the bluff
property. Airport Manager Ernst stated he did not know.
Williams stated that discussions with Senator Stevens did not
accomplish their moving the antennas. Williams suggested that
the City discuss their moving the antennas directly with FAA.
Williams asked Ernst if grant money could be used to remove the
antennas. Ernst stated that he did not believe that would be
grant eligible, but he wi7..1 check. Ernst added that he did not
know if moving the antennas would fit into other projects already
planned for the airport (replacement of vehicles and
rehabilitation of Alpha 3). Ernst was directed to discuss the
concept with FAA.
VOTE:
There were no objections. SO ORDERED.
H-6. Approval - Change Order No. 1, Kenai Fire Department
Bay Addition/Holden Company.
MOTION:
Councilman Smalley MOVED for approval of Change Order No. 1,
Kenai Fire Department Bay Addition to holden Company in the
amount of $3,547. Councilman Measles SECONDED the motion.
Walker stated that he discussed this item with the Fire Chief.
Walker advised Council that there may he an additional change
order to add heat tape..
KENAI CITY COUNCIL MEETING MINUTES
AUGUST 5, 1992
PAGE 12
LaShot stated that they were anticipating to go ahead and get a
bid out this winter and get work done in the Spring. Some of the
work will need to be done in the Spring in order to get across
the swamp.
Williams requested an estimate be presented by January so that
further requests to the Legislature can be made in January.
Kornelis stated that a cost estimate was done in 1984. New
figures could be received by January. Monfor asked if this
project will continue to be the City's number one project.
Williams answered yes.
H-11. Discussion - Paving on Beaver Loop Property.
Williams corrected the title of the item to be "Paving Airport
Road and Marathon Road." Williams explained that he has received
a lot of interest in the 15 acres included in the loop between
Airport Road -Marathon Road-HEA property. A new road would have
to be cut alongside the HEA fence and back entry way to make a
loop from there down Airport Road and Marathon Road. Williams
suggested that airport funds could be used.
Smalley stated that there are many citizens who would like to
have their neighborhood roads paved instead. Walker asked what
kind of traffic pattern would be there. Walker stated that the
paving is premature. Walker agreed that roads are needed in
other areas before paving this area. Williams again stated that
airport grant monies could be used.
Brown stated that if airport lands are being opened up for
leasing purposes, airport grant monies could be used. Airport
Way was not paved using airport grant monies as there was no
benefit to the airport fund. The land had been transferred.
Brown requested to review a map of the area prior to agreeing
that airport monies could be used.
Williams requested Council to consider getting that area ready
for paving next year as well. Airport monies can be used there,
but: not anywhere else in town. Williams added that he is trying
to urge the University to support another $1 million donation to
the Fire Training ,School to continue their growth.
Williams requested Council to allow cost: estimates to be put
together for this paving. There were no objections from Council.
KENAI CITY COUNCIL MEETING MINUTES
AUGUST 5, 1992
PAGE 11
Clerk Freas was directed to write a letter of objection to the
Borough Planning Department.
H-S. Discussion - Purchase Decisions for All -America City
Decals, etc.
Council reviewed the price information included in the packet.
The Clerk was directed to order the following items:
a. Lapel Pins - 1,500, 1" Cloisonne.
b. Decals - 500, 3-color 4"x6"
Get price information to paint a large logo on the
window at City Hall.
10 rolls letterhead stickers
C. Banners - 10, 3-color.
d. Fireworks - No thank you.
H-9. Approval - Request for Additional Inspection/McCool-
Carlson-Green, Wm. J. Nelson & Associates.
MOTION:
Councilman Walker MOVED to approve the amendment to the contract
with McCool-Carlson-Green and Wm. J. Nelson & Associates for the
Court House project for additional inspection costs in the amount
of $10,325. Councilman Smalley SECONDED the motion. There were
no objections. SO ORDERED.
H-10. Discussion - Thompson Park Water & Sewer Project.
Williams stated that he discussed the project with Kornelis.
There are $1,525,000 available from the Legislature at this time.
Williams suggested that bids be gathered for crossing the river
and swamp for idea of what the cost will. be. The best time to
cross the swamp and river will be in the fall. Also, the permit
may need modifying for crossing the river. Kornelis added that
there has been quite a bit of engineering completed by Wince-
Corthell-Bryson about twelve years ago. Kornelis added that the
engineering may need upgrading and the Corps permit will have to
be updated due to engineering changes. Kornelis suggested that
Wince-Corthell-Bryson get started on engineering changes.
KENAI CITY COUNCIL MEETING MINUTES
AUGUST 5, 1992
PAGE 14
finance institution to take on as collateral a loan. It would be
like the City lending to the City. Brown added that the Code and
Charter allow for the City to borrow money to build a building
and lease it. If PTI would choose not to pay their lease, the
taxpayers would not have to pay the lease. Industrial
development bonds require the lessee to be tax exempt.
Measles stated that he is proposing something equal to the court
house arrangement where the City will end up with more than what
they started. Brown stated that he does not see that happening.
The only way for the City to make money is to use City money.
Brown added that with industrial revenue bonds, the City is a
conduit. PTI would pay off the lender. If the City is making
the money, it would be in a situation where the City is the
investor. Those would be general obligation bonds. The City
then would be liable for the debt. General obligation bonds
require the vote of the people.
Walker asked Brown if the City can act as a conduit and still
lease the property to PTI. Brown stated that all this must go to
the bond counsel. Brown added that there is no one at the City
that can answer that question. Brown added that he is not sure
the City could get to first base with this idea. Williams
suggested Brown asking the bond counsel the charge for an
opinion. Swarner suggested an AIDEA loan. Williams added that
the City could assist them in getting an AIDEA loan. Monfor
stated that it is a moot point until PTI makes some advancement
to the City.
Williams stated that he has met with PTI three times, one with
the president. Williams added that PTI needs the City to make an
offer of what they are offering and PTI needs to make an
application to the City. Monfor added that PTI needs to come to
the City first.
Measles asked if PTI knows what they are needing. Williams
stated that is why Kluge is working on the drawing. Monfor
stated that she would like a letter or something from PTI to give
some indication of what. they want.
Williams stated that he will get the drawing together and get
them to put their request in writing. Then the City can put
something in writing. At some point, a financial arrangement
will have to be made. Measles stated that if PTI is interested
in moving, they would know what amount of land they require and
KENAI CITY COUNCIL MEETING MINUTES
AUGUST 5, 1992
PAGE 13
H-12. Discussion - PTI Project.
Williams stated that he has not been able to talk with the PTI
people since the last meeting. Williams stated that at the last
meeting Councilman Measles suggested finding some other method to
encourage PTI to move into the City. Williams suggested to look
at the value of the land itself and sere if PTI would enter into a
long-term lease agreement on the land and offer a like value to
do land preparation. The enhancement of the land would be an
inducement instead of giving the land outright.
Williams added that he has spoken with. Bill Kluge (architect).
Kluge is preparing a bubble drawing as to the design of the
building, storage yard, etc. Swarner asked if this is the same
land for which Williams wants to provide paving. Williams stated
"not exactly." PTI would not need another road to the proposed
property for their building. This road would provide service to
three 2z acre lots.
Swarner stated that in reviewing the minutes of the last meeting,
she sees PTI is a for -profit corporation. Swarner stated she
would have a problem with this venture, even if it is in -kind.
Williams stated that the discussion of the Council at the last
meeting was to review other ways to entice PTI to come into the
City. Williams added that PTI is a for -profit corporation but:
get funding through REA and is a non-competitive utility.
Williams added that water and sewer is already available to this
property, as well as gas and electricity. This was put in to
service the Fire Training Facility.
Measles suggested that PTI's incentive could be like the
courthouse package through revenue bonding. Williams stated that
Brown explained to him that the only way to determine that answer
is to apply to the bond counsel. Something needs to be put in
writing and PTI needs to be invited to put in an application.
Brown added that the City owns the Court House. When the
building is built, the City will own it and lease it to the
State.
Measles stated that is what he is suggesting. The City and PTI
could enter into a twenty-year lease. Brown stated that in the
case of the court house, a lender was willing to take the risk
that the State of Alaska will continue on with the lease. It is
different with a private corporation. There is no certainty that
they will continue in business. The City would be asking a
KENAI CITY COUNCIL MEETING MINUTES
AUGUST 5, 1992
PAGE 16
I-4. City Clerk
Clerk Freas referred to a copy of a letter distributed to Council
which she wrote to Mary, the petitioner who filed petitions to
put a referendum on the ballot in regard to the hotel/motel tax.
Freas reported that not enough qualified voters of the City of
Kenai were verified and therefore the petitions could not be
certified.
Williams reported that a person, whom he knows is a resident of
Wasilla, requested he sign the petition at Arby's. Williams
added that the person with the petition stated that someone
handed her the petition and requested that she gather signatures.
I-5. Finance Director
No report.
I-6. Public Works Director
Kornelis reported that the Court House is coming along. Walker
asked, "is it going to work." Kornelis stated "it will work."
Measles asked if DEC will sign off on it. Kornelis stated they
would.
I-7. Airport Manager
No report.
ITEM J: DISCUSSION
J-1. Citizens
Betty Glick - a. Informed Council that the City Council's
request to release the property across from Kenai Central High
School (for the proposed use as a site for a hockey rink) has
been approved by the Borough Assembly. The Borough Assembly's
resolution has been forwarded to the State.
b. The assembly has introduced an ordinance to decide
whether to place on the ballot a bond package for approximately
$8-9.3 million for the renovation of Kenai Elementary and an
addition to the Tustamena Elementary School. The ordinance is
scheduled for discussion, at their next meeting.
KENAI CITY COUNCIL MEETING MINUTES
AUGUST 5, 1992
PAGE 15
the size of the building they will need. Williams stated that
they are starting in that direction. They have been involved
with the sale of PTI to Alascom. PTI is proposing construction
in 1994.
Williams stated that he will continue with the development of the
drawing by Kluge. There will be no charge for the drawing to the
City.
H-13. Discussion - Resolution Providing for Submission to the
Qualified Voters of the City of Kenai, at the Regular
Election to be Held October 6, 1992, an Advisory Vote
for the Purpose of Recommending an Increase in the
Sales Tax Rate from Three Percent (3%) to Four Percent
(4%) of Taxable Sales, a 1.5 Mill Rate Decrease in
Property Tax, and Elimination of the Hotel/Motel Room
Tax.
No discussion due to a letter distributed to Council from the
Clerk explaining the findings of the petitions filed in regard to
the hotel/motel room tax.
ITEM I: ADMINISTRATION REPORTS
Mayor
Flag thefts: Williams reported that there have been a
number of flags stolen in the last few days. Williams suggested
changing the flag poles to a multi -strand cable.
MOTION:
Councilman Walker MOVED to buy more flags and Councilman Smalley
SECONDED the motion. There were no objections. SO ORDERED.
I-2.
No report.
I-3.
No report.
City Manager
Attorney
KENAI CITY COUNCIL MEETING MINUTES
AUGUST 5, 1992
PAGE 18
J-2. Council
Williams - Referred to the Airport Manager's memorandum included
as an information item regarding airport security. Ernst stated
his recommendation to try security for a three-month period.
Ernst added that for the past eight years, there probably has
been as much vandalism cost as will be the cost for the three-
month trial security. Williams referred to the car rental
thefts. Ernst stated that there was a deficiency in the rental
agencies' return key boxes. They have now better secured those
boxes.
MOTION:
Councilman Smalley MOVED to purchase a trial three-month period
of security for the airport and Councilman Measles SECONDED the
motion. Councilwoman Swarner objected.
VOTE:
Smalley: Yes
Swarner: No
McComsey: No
MOTION PASSED.
Williams: Yes
Monf or : No
Walker: Yes
Measles: Yes
Ernst stated he will bring back a resolution to cover the cost of
the security.
Walker - Offered an amendment to the hotel/motel tax to include
an additional column instead of the "yes" or "no" and give a 1-2-
3 scenario. One of the scenarios would be the sales tax and
decrease in property tax as proposed in the draft resolution
included in the packet. The second scenario would be to ratify
the current ordinance. The third scenario would be to reduce
services and expenditures five percent across the board. Walker
added that he personnally thinks this would be a good idea.
Swarner - a. Reported the restr_ooms at Cunningham Park are in
bad. shape.
b. Requested that the banner in front of the Tesoro
Station by the ballfields be removed and repaired.
C. Reported that the AML Legislative Committee and the
Alaska Conference of Mayors met in Kenai the last week of July.
d. Swarner will be gone August 15 through September 2,
1992.
KENAI CITY COUNCIL MEETING MINUTES
AUGUST 5, 1992
PAGE 17
C. The boat tax ordinance will be heard on August 18.
Glick encouraged Council to send a letter to the Assembly prior
to the 18th stating their opinion. Council directed Brighton to
prepare a letter similar to that written before and send it to
the Assembly for their August 18 meeting. Also, Brighton was
directed to prepare a resolution for the Council's action for the
August 19, 1992 council meeting. Glick stated that she believes
the public hearing on the Assembly's ordinance will be tabled
until September 1 when their meeting will be held in Homer.
Gary Superman - Encouraged Council to place the ballot
referendum regarding the hotel/motel bed tax on the ballot for
the October election even though the petitions could not be
certified. Williams referred to Clerk: Freas' letter wherein it
stated that 218 signatures were received on the petitions, and
175 qualified voters of the City needed to be verified. Williams
stated that only 130 signatures were verified.
Superman asked how much time the petitioners have to gather more
signatures. Clerk Freas answered that. the Charter states that
the signatures must be verified 60 days prior to the next
election. Freas added the Charter also states that upon receipt
of the petitions, the Clerk has 30 days in which to verify the
signatures on the petitions. Freas stated that the petitions
were received last Thursday and the signatures were reviewed on
Monday, Tuesday and Wednesday. The petitioners have no more time
in which to gather petition signatures for the October election.
Superman stated. that he believes it would behoove the City
Council to proceed with placing the referendum on the ballot even
though not enough verified signatures were received because the
intent of the petitioners and signors were valid and in earnest
and should be honored.
Councilman Measles stated that there seems to be a lot of
interest from outside the City of how to take care of City
business. Measles referred to the vote on the senior tax
exemption ordinance before the Assembly last night. Superman
stated that he feels that there is a need for protection for some
of the seniors.
Williams informed Superman his five minute time for comment had
ended.
KENAI CITY COUNCIL MEETING MINUTES
AUGUST 5, 1992
PAGE 20
Williams reported that during the Alaska Conference of Mayors
meeting, it was stated that the State will be upgrading roads in
order to pass their upkeep to the cities to maintain. Williams
stated that he told the mayors the City of Kenai would not take
any road back until it is paid to maintain it. Williams added
that there is a new plan by DOT in which they will be making
local governments responsible for the State's highway
construction. The Borough would become the planning and design
arm and the contract letting and construction arm. Williams
understands it that the money will pass directly from DOT to the
Borough. The Borough will then issue contracts and choose which
roads that will be built. There is a new formula to divide the
money. Now there is only $4.2 million to be allotted to the
Kenai Peninsula Borough. Williams stated that he is not sure the
City of Kenai would see any benefit for many of the roads because
the Borough has their own roads to maintain. Williams stated
there is no method, under this new program, for the money to come
to the cities -- only the boroughs. If there is no federal
highway money will come to the City and only to the Borough,
would Forest Drive be improved when the Borough's needs are so
great in other areas. Williams did not think so.
Smalley - a. Asked if the boat launch facility has been
resubmitted to the Corps of Engineers. Williams stated that he
was told to wait until after the election.
b. Has received compliments on how the City looks and the
Bicentennial building.
C. Glad to see the seeding being done at Forest Drive
Park. Requested that brushing out be done on the bluff in Forest
Drive Park for more visibility.
d. Asked that the King's Inn sign for RV parking at $5.00
per night be investigated.
ITEM K: ADJOURNMENT
The meeting adjourned at approximately 10:39 p.m.
Minutes transcribed and submitted by:
Carol L. Freas, City Clerk
(8/12/92)
KENAI CITY COUNCIL MEETING MINUTES
AUGUST 5, 1992
PAGE 19
e. Discussed the Fish Tax with the Borough Finance
Director. Money received from the fish tax will be received in
April 1993 and at this time, they are not aware of how much it
will be or who will receive it.
Williams - Stated that a meeting with the fish processors will be
scheduled before they leave the area for the winter. Williams
suggested that construction companies could also be involved in
the development of the cannery worker facility.
Monfor - a. Asked Kornelis if State will be reseeding the area
by the Dairy Queen. Kornelis stated that he has spoken with the
State. If they do not reseed the area, Fosters' will. Kornelis
added that he has discussed guardrail :repair and other seeding
needed at Forest and Spur.
b. Requested Brown to inquire with the Borough if the bed
and breakfasts on Angler Drive are paying sales tax.
C. Asked if the Fandel Bed & Breakfast has a conditional
use permit for the parking of their boats, campers, RV's and
rental cars.
d. Requested that the vans at the Uptown be removed. Kim
Howard stated that she is aware that Brighton and the Building
Inspector has discussed this item, but is not aware of what was
said.
Measles - Presented Administration with a Beautification Award
given by the Chamber of Commerce.
McComsey - a. Asked whether the taxi cab companies are paying
sales tax. Williams stated that he had a meeting with the owners
and they are to present an amendment of the taxi ordinance to the
City for review. Williams stated that the first thing they will
have to do is to address the sales tax payments. Williams added
that he suggested to them that they gross out each driver each
day and each driver be responsible to pay his own sales tax.
Brown stated that he will check with the Borough on the names
that are available to the City.
b. Asked if any renovations have been made to Wildwood
Prison. None known. McComsey asked if renovations are done,
will the City have to place more water and sewer lines out there.
Williams stated that he had suggested to the State of Alaska a
few years ago that they join the City in applying for a grant to
upgrade those lines. Williams stated that he may speak with
Commissioner_ Haines about this during the next legislative
session.
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WHITE VENDOR
GOLDENROD - ACCOUNTING
CANARY - ACCOUNTING
BLUE - SHIPPING & RECEIVING
GREEN APPROVED COPY
PINK - REQUISITIONER
I—_—
PURCHASE ORDER
CITY OF KENAI
210 FIDALGO ST. PHONE 283-7538
KENAI, ALASKA 99611
VENDOR NO.— 7-5841
F
PACIFIC UTILITY EQUIPMENT
TO PO BOX 24387
SEATTLE, WA 98124
L ORDERED BY: KEITH KORNELIS
SHIP VIA
fi
H
I
P
T
0
THIS PURCHASE IDRGE�
NUMBER MUST APPEAR I
ALL PACKAGES AND PAP,
RELATING TO THI', PUk;
CHASE.
Dote 8/1.1/92
BY
FINANCE DIRECTOR
DELIVERY DATE
PREPAY SHIPPING -CHARGE
F O B
PER QUOTATION`— PURCHASES AUTHORIZED ONLY WHEN SIGNED ABOVE BY
SEPARATE ON INVOICE
THE FINANCE DIRECTOR OR HIS AUTHORIZED AGENT
ITEM NO
DESCRIPTION OR ARTICLE
QUANTITY
ORDERED
UNIT
UNIT PRICE
AMOUNT
Repair & ma-intenance costs for problems,
found on Altec Bucket Truck according to
attached letter
17 3'.'+7
FOR COUNCIL APPROVAL AUGUST 19, 1992
TOTAL
17 .; I ',
DEPARTMENT SHOP _
"j' DEP,4)MINI HEAD
1791-1991
CITY OF KENA
%Od OQ.104 4," „
210 FIDALGO KENAI, ALASKA 99611
TELEPHONE 283 - 7535
FAX 907-283-3014
MEMORANDUM
H-2 8/ 19/92
TO: Charles A. Brown, Acting City Manager P.O.'s over $1000
FROM: Keith Kornelis. Public Works Director 4E
DATE: August 14, 1992
SUBJECT: Pacific Utility Equipment - Altec Bucket Truck - Repair Costs
FOR: Council meeting of 8/ 19/92
I have submitted for Council approval a purchase order for $1,756.47 to Pacific Utility
Equipment for repair costs on our bucket truck.
In purchasing the bucket truck I dealt with Mr. Pat Weiler, a salesman with Pacific Utility. We
negotiated the price and he lowered our cost by $2,000.00 with the understanding that they
would not have to do any repairs on the vehicle. Shortly after Mr. Weiler delivered the new
truck to the City of Redmond and drove our used truck to their yard he went on vacation. In
Mr. Weiler's absence and without his knowledge the service manager, Mr. Dennis Londowski,
took the truck in their shop and did a complete annual inspection. They performed a lot of repair
work, some of which is OSHA required.
I know the City (lid not authorize this work nor did we even know it was going to be done but
this work needed to be completed. Pacific Utility Equipment is a huge company that specializes
in bucket trucks. Their service people work on this type of equipment daily and know what to
look: for, what is needed to meet code requirements, have the parts readily available, and can
make the repairs quickly.
This work would have had to be clone by our City maintenance mechanics if they had not done
it. I think the service manager made an honest mistake in fixing what needed to be fixed.
We deal with Pacific Utility for other pieces of equipment and they have always been fair with
us. The City does not have to pay them for this work since it was not authorized but I
recommend we pay the $1,756.47 after we have received the bucket truck and checked out their
work.
KK/kv
Page 2
City of Kenai
July 9, 1992
10. Repair rear lighting.
11. Two Operator Maintenance & Parts
Manuals ($55/ea.)..
Parts Required $ 872.47 ?"
Shop Labor 884.00
Total $1756.47
$ 14.00
$ 110.00
These repairs were completed before the unit went to Heiser Body
to be painted. Most of the items repaired related to operation of
the aerial lift and were safety related.
If you have any questions on the above repairs, please contact me.
Yours truly,
P CIFIC UTILITY EQUIPMENT CO.
Dennis Landowski,
Service Manager
Seattle Service Center
P�cific�
/UTILITYj
1967
City of Kenai
Dept. of Public Works
210 Fidalgo St.
Kenai, AK 99611
Attention: Keith Kornelis
Dear Keith,
"THE COMPANY THAT S EASY TO DO BUSINESS WITH"
25TH ANNIVERSARY
RE: Altec - AT250G
1992
July 9, 1992
JUL 1992
..0 ;
J ,
We have completed an Annual Inspection on the above unit and have
listed the problems found and costs to repair each. The prices
noted are for parts used for repairs.
1. Replace four cut hydraulic hoses that
go from lower control to boom union
fittings. 40 Feet #4 hydraulic hose
used. $ 87.50
2. Repair the engine start/kill system
from the bucket controls. Replaced
relays, wiring in engine
compartment.
$
364.00
3.
Replace two broken studs on the
rotation bull gear to turret shaft.
Required removal of two broken studs
and install heli-coils.
$
22.50
4.
Install warning and operation decals
after paint.
$
60.00
5.
Install boom rest: pads.
$
6.40
6.
Replaced electric solenoid for two -
speed throttle operation.
$
102.50
7.
Replaced broken strobe light.
$
105.57
8.
Adjust boom chain extension tension.
$
-
9.
Tighten all mounting bolts for pedestal
to truck frame.
$
-
PC RTLAND SERVICE CENTER /' SEATS^TTLE SERVICE CENTER SPOKANE SERVICE CENTER
WEST SACRAMENTO SERVICE CEh TER
. 7�l9 2-.05S11
'4D C 123-T1
77THPLACE 1'O BOL a11%•i30SOTN96THSTREET N 3('OEL.ORAROAD
5
L 15031620-06'1 EAT T)E. WA 981243U• TEL <<06)764- U25 SPOKANE WA )4216-TEL 1509) 928 9573
It2000KEST -PO BOX260
WEST SACRAMENTO. CA 95691 •TEL (9161 ^."0775
77�164
75'9 FAX 1206) 152-44n FAY 11 91926-7TS1
FAX 1916) V1 Q996
C�11:.11 ',22C 6 762 4--i i Jd PACIFIC :`IIL SEA I j 002" �)02
�rir" s—\�
U TI L 1�'TY `?HECOMPAW n "S EASY M DO BUSINESS WFM"
,
1967 25TH ANNIVERSARY 7992
T.
August 14, 1992
City of Kenai
210 Fidalgo
Kenai, AR 99611
Attention: Keith Kornelis, Public: Works Director
RE: Altec Repairs Memo
Dear Keith,
Your memo is essentially correct. We brought the truck to our shop
and performed an "Annual Inspection" which is designed to uncover
any current or potential problems with equipment operation, safety
or maintenance.
it is not our policy to perform repairs prior to formal
authorization, but because of my' absence from the office this
oversight occurred. It ultimately! benefits the City of Kenai from
the standpoint of time saved, added costs to perform the repairs
in-house and possible safety of operators running a machine which
could have failed during testing or use.
The repairs were performed also because the unit was scheduled for
painting. If repaired after painting, additional refinishing would
have been required. If the repairs had been left to the City of
Kenai, additional downtime and costs would have been associated
with re -inspecting, re-teardown and refinishing.
A copy of our repair letter is attached.
If you have any questions, please call me or our service Manager,
Dennis Landowski. We are sorry for any inconvenience we may have
caused you.
Thank you for your interest in Pacific Utility Equipment Co. We
are now celebrating our 25th Year in business 1967 - 1992.
Yours very truly,
PACIFIC UTILITY EQUIPMENT CO.
Pat Weiler,
Sales
Seattle Service Center
PW:ra
Enc.
PORTLANDSUMCECENTER sCATnESEWo=cfwm SPOKAW8EMMCENiBi WM SACRAKOM SOMCE CMTER
PQ 9Oz Z"W • %= i W. M)1 PUCE P.O. BOX U=7 - IaW SOUTH 9" STREET N. 3M AD" R0w 3Q0 COiQ ST. • P.O.9OlC260
P6i['.,Wa OR 97M1 • TEL• Linfiw4ml SEArRE MR =24 . TEL (200 76&Gm SPOKANQ w 992W . TEL• L1=ai6ilA abL75 fnx f9vvrg 9ACW1y6r14 G• 96Bf! • TA (070 7tt-o'n6
m1 79 FAX boat TR +6,:! FAX l n) 22EJ7l1 PA= f9119 3 %4=6
Suggested by: Librarian
City of Kenai
ORDINANCE NO. 1510-92
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING
ESTIMATED REVENUES AND APPROPRIATIONS BY $13,615 IN THE GENERAL FUND
AS A RESULT OF TWO LIBRARY GRANTS.
WHEREAS, the State of Alaska has awarded the City of Kenai a grant in
the amount of $5,000 for institutional services, and a second grant in
the amount of $8,615 as public library assistance.
NOW, THEREFORE, 3E IT ORDAINED BY 'THE COUNCIL OF THE CITY OF KENAI,
ALASKA that estimated revenues and appropriations be increased as
follows:
General Fund
Increase Estimated Revenues:
State Library Grants 111,,615
Increase Appropriations:
Library
- Salaries
$ 3,993
Library
- Medicare
58
Library
FICA
248
Library
Workers Comp
50
Library -
Unemployment
44
Library
Transportati)n
360
Library -
Books
8.862
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ,ALASKA, this 2nd day of
September, 1992.
JOHN J. WILLIAMS, MAYOR
ATTEST:
Carol L. Freas, City Clerk.
Intr;)duced: August 19, 1992
Adopted: September 2, 1992
Effective: September 2, 1992
Approved by ;; inance:_ (fS6_
( 8/ 12/92 )
kl
On July 6, the agreement was received, choosing a five-year
payment plan. The title company was contacted and asked to
handle the closing of the sale.
The City Council has determined that the rate of interest to be
applied in notes taken on the sale of City lands, pursuant to KMC
22.05.045, is 10%. If the terms are less than 10%, the City will
violate its City Code. If the terms are 10%, then we satisfy
City Code conditions, but violate state law, as was brought to
our attention in a letter from the title company. This is due to
the recent drop in the interest rate. Therefore, the City's only
option was to have a cash sale.
The situation was discussed with the City Manager, City Attorney
and City Finance Director. The conclusion was that Mr. Jahrig
could fill out a lease application for the property. If the
lease application is approved by the City Council, the property
can be leased at 6% of the fair market value. The fair market
value is $9,700. Annual lease rent is $582.00.
Mr. Jahrig has used the property for over ten months without
compensation to the City. The Planning and Zoning Commission
recommended back -dating the effective date of the lease to
October 71 1991, the date the amendment with Salamatof Seafoods
was signed.
Does the City Council approve the lease application, for Lot 5,
Walkowski-Deland Subdivision, to Will and Becky Jahrig, back-
dating the effective date of the lease to October 7, 1991?
Enclosures
/kh
cc: Will and Becky Jahrig
C:\NP51\LEASES\MEMO.PBZ
1 �
1791-1991
CITY OF KEN/
„ad G' afu� a� 4�id� „
210 FIDALGO KENAI, ALASKA 99611
TELEPHONE 283-7535
FAX 907-283-3014
MEMORANDUM
d
TO: Kenai City Council
FROM: Kim Howard, Administrative Assistant 1"
DATE: August 13, 1992
FOR: August 19, 1992
RE: Lot 5, Walkowski-Deland Subdivision
Lease Application Approval - Jahrig
On September 16, 1991, the City received a request from Will
Jahrig asking that the referenced property be made available for
sale. Mr. Jahrig infringed on this property by constructing a
culvert and an access road from his shop to Bridge Access Road..
The property was owned by the City and leased to Salamatof
Seafoods. Mr. Jahrig may not have realized he constructed this
access on City -owned, leased land. Salamatof Seafoods did not
have use for the property and was willing to amend the lease with
the City, deleting that portion of the property.
Ordinance No. 1474-92 finding the property was not required for
public purpose, was passed at the February 5, 1992 City Council
meeting. Resolution No. 92-28, passed on May 6, 1992, approved
the sale of the property to Mr. Jahrig pursuant to KMC 22.05.075.
Copies are attached.
On May 7, an Agreement .for Sale of Land was sent to Mr. Jahrig to
complete, along with a letter stating the amount due was
$9,518.00. He was asked to return the agreement by June 3.
On May 19, Mr. Jahrig telephoned and indicated that he was unable
to do a cash sale at this time. Therefore, he was given the
option to pay for the property on terms, under a five-year or a
ten-year payment plan.
On June 5 & 1.2, Mr. Jahrig indicated he did not know whether or
not to pay cash or choose terms.
On June 22, the City wrote to Mr. Jahrig and asked that the
Agreement for Sale of .Land be signed and returned by July 6, or
the agreement would be canceled.
Suggested by:
CITY OF KENAI
ORDINANCE NO. 1474-91
Administration
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, FINDING
THAT LOT 5, WALKOWSKI-DELAND SUBDIVISION, CITY -OWNED LAND, IS NOT
REQUIRED FOR PUBLIC USE.
WHEREAS, KMC 22.05.010 states "Disposal or sale of lands shall be
made only when, in the judgment of the City Council, such lands
are not required for a public purpose.", and
WHEREAS, the City Administration has received a request by the
adjacent property owner asking that the referenced property be
made available for sale, and
WHEREAS, it is the recommendation of thE� City Administration and
the Planning and Zoning Commission that the property be made
available for sale.
NOW, THEREFOR], BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA,, that Lot 5, Walkowski-Deland Subdivision, City -
owned Land, is not required for public use.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day
of J2�nuary, 1992.
ATTEST:
Carol L. Freas, City Clerk
First Reading: January 15, 1992
Second Reading: February 5, 1992
Effective Date: March 5, 1992
Suggested by:
RESOLUTION NO. 92-28
Administration
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA,
APPROVING THE SALE OF LOT 5, WALKOWSKI-DELAND SUBDIVISION, AT
APPRAISED VALUE, TO THE OWNER OF THE ADJACENT LAND, PURSUANT TO
KMC 22.05.075.
WHEREAS, the City of Kenai has received a request from the
adjacent property owner to purchase Lot 5, Walkowski-Deland
Subdivision, and
WHEREAS, the City Council, through Ordinance 1474-91, determined
that the property is not :required for public use, and
WHEREAS, the parcel of land is of such small size, shape or
location that it could now be put to practical use by any other
;party.
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
KENAI, that the sale of Lot 5, Walkowski--Deland Subdivision, is
approved, at appraised value, to the owner of the adjacent land,
pursuant to KMC 22.05.075.
PASSED BY THE COUNCII, OF THE CITY OF KENAI, ALASKA, this 6th day
of May, 1992.
ATTEST:
Carol :L. Freas, City Cler}
4/;28/92
kh
1791-1991
CITY OF KENAI
(?aPikd 01� 4 zd-��
210 FIDALGO KENAI, ALASKA 99611
TELEPHONE 283 - 7535
FAX 907.283-3014
July 14, 1992
Will and Becky Jahrig
Box 51
Kenai, AK 99611
Re: Lot 5, Walkowski-Deland Subdivision
Dear Will and Becky:
You are aware that TransAlaska Title has been asked to handle the
closing of the sale of Lot 5, Walkowski-Deland Subdivision to
you. It has come to our attention, that: because of the recent
drop in the prime interest rate, the sa..e must be a cash sale.
The City Council has determined that thE:+ rate of interest to be
applied in notes taken on the sale of City lands, pursuant to KMC
22.05.045, is 1.0%. If the terms are less than 10%, the City will
violate its City Code. If the germs arE' 10%, then we satisfy
City Code conditions, but violate State law. Therefore, the
City's only option is to have a cash sale.
I am therefore enclosing another Agreement for Sale of Land
document for your signatures. It states payment will be made by
cash. Please sign the document and return it to me, along with
the amount due of $9,513.00, by August 14.
Sincerely,
Kim Howard
Z,,dmini_strativc Assistant
'kh
;-c: :randy Parnel , Finl-oic,e Dept.
ALES` JAHRIG. T TR
1791-1991
CITY OF KENAI
110i� G'd pilai 4 ,q "Q ,
_ 210 FIDALGO KENAI, ALASKA 99611
TELEPHONE 283.7535
FAX 907-283-3014
July 17, 1992
VIA FAX
Will and Becky Jahrig
Box 51
Kenai, AK 99611
Re: Lot 5, Walkowski-Deland Subdivision
Dear Will and Becky:
I have discussed the situation regarding your request to purchase
the referenced property with the City Manager, City Attorney and
the Finance Director. The conclusion was that you may fill out a
lease application for the property. If the application is
approved by the Planning and Zoning Commission and the City
Council, the property can be leased at 6% of the fair market
value.
It will not be necessary for you to submit a good faith deposit.
It is likely that the expenses that the City will incur have been
deducted from the deposit you submitted to purchase the property.
If there are additional expenses, such as the appraisal expiring
prior to entering into a lease, you will be billed.
It i,y too late to be on the agenda for the next Planning and
Zoning meeting'. Please return the application by August 5 in
order to be s(.heduled for- the August 12 meeting.
The City Manager has deta-2rmined that because you requested to
purchase the property on terms, the $250.00 owed to the title
company is your responsibility. You do, however, have a $200.00
credit ba:lanc:f3 from your good faith deposit. You may send the
City $50.00 and the City will send the :;heck for $250.00 to the
title c.ompan�,,
Sincerely Post -It- brand tax transmittal memo 7671 a of pages
To tFrom/ /
Co. . 7
Dept. Kim HowardAdministrative?Assistant axp i v
cc: Sandy Parnell, Finance Dept.
r-'�T,F';\ 7ATIT� rr_ 1 TT?
FOR CITY USE' ONIwY
Date Received Fl �__
CITY OF KENAI Time 3
210 Fzdalgo Ave., Kenai, Alaska 99611 283-7530
ignature and tl)
A��-
LEASE APPLICATION
Name of App.t.icant
Address
Business Name and Address
*>It le - - ram
J '0. r� ��
Kenai Peninsula Borough Sales Tax No. `'P`lG �l ,)
(if applicable)
State Business License No. �L� �G b 4
(if applicable)
Telephone
Lot Description Lo+ -5_J j,�%� 1 j�aC�S,�, / p�{/,7.��J SU 4
Desi red t_engt`t of' Lea. e��'s
Property to be used for �'r 4�� C��ldy E/'V�IL'''�'!'-� �fz�
Description of Developments (type, construction, size, etc.)
e-o C r y GUI .
Cy�ye-rr ,tiv6-T-H - FPS Sfrn�y` Can. zrZv,rtic:
tv u 6,t -7 c_-t1 Iry CS
Attach development plan to scale (1" = 50'), showing all build:.ngs
planned.
Time Schedule for Plr�-oposed Development:
Beginning Date Ao/ IY��
Proposed Completion Date
✓/
Estimated Value of Construction $ ✓Qp
�, • 1�.,
Date: - _-- ` _ Signed:
Date: �'-��, C� Signed:
1
{
X r .
'�'�,' ..� '�.iY�" , � r!0.�. Fs,.. � >•jM 'fir
BUILDING INFORMATION
On this sheet submit a drawing of building planned, drawn to scale.
Scale: 1" = ft. A ,
Construction Materials (wood frame, steel building, etc.)
THIS DRAWING SHOULD BE: AS COMPLETE AS POSSIBLE
Note: If a prepared drawing is submitted, attach to this
application and disre(Iard this page, fining in construction mat eri ,18
only.
3
CITY OF KENAI
CHECK LIST FOR SITE PLANS
ALL ITEMS MUST BE COMPLETED BEFORE APPLICATION CAN BE ACCEPTED
Drawings should be drawn to scale 1"= 50 ft.*, and must show
layout of the lot applied for and the location of all improve-
ments proposed. '`
Drawings must show:
� ��
1.
Existing buildings
2.
Proposed buildings
'1A
3.
Parking facilities
(how many spaces and where located)
4.
Site improvements
a. Areas to be cleared and method of disposal
Z &#�l�'�'
b. Proposed gravel or paved areas
sr-p-, a
C. Landscaping plan (retention of natural
vegetation and/or proposed planting areas)
5.
Building set backs
6.
Drainage plan and method of snow removal
7.
Circulation plan (all entrances, exits and
r'
on -site access)
8.
Location of sign(s) - sign permit required
,p
9.
Fencing
✓`'�'
10.
Curb cuts (where applicable)
11.
Building height
12.
Buildings on or near the airport on airport
lands must complete FAA Form 7460-1
*This does not have to !)e drawn by an iz•chitect or engineer.
VA
.
W
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V
CD
ASM0,A-71, vm,.,*-,
•sa I .
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t�vvvvv�l
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e
13 Aug 92 �U6 1992
RecpivO
City Pt KerN
Public Forks Debt•
Mr. Keith Kornelis
Public Works Director
City of Kenai
210 Fidalgo
Kenai, Alaska 99611
REF: Kenai Congregate Housing
PN: 9017.00 FN. 4.1.1
SUBJ: Construction Change Directive #24
Dear Mr. Kornelis:
Architecture Engineering
Planning Interior Design
FOR LUUNLIL MEETING OF v� •�<��"'
eCity Mgr. ---0 Atterrey
rirublic Works, —0 City Clerk
finance --0
Original Tam— Submitted B
Council OK EDNo L7Yes - Ck--.
Attached is Construction Change Directive #24 which covers the addition of a
fire extinguisher in the elevator equipment roan.
We provided a fire extinguisher in the boiler room, which we understood would
be st.ifficient for both the boiler room and the elevator mechanical equipment
room. However, the elevator inspector has stated in his report that a fire
extinguisher is required in the elevator equipment roan.
If you have any questions, please call at your earliest convenience.
Sincerely:
r
Thomas W. Livingston, AIA Donald E. Slone, PE
3900 Arctic € lvd. Suite 301 Anchorage, Alaska 99503-5790 (907) 562-2058 FAX (907) 561-4528
CONSTRUCTION
OWNER
D
CHANGE
ARC
CONTRACTOR
o
DIRECTIVE
FIELD
D
OTHER
D
A1A DUCt MENT G714
r/nonjotomi on n-f*r-c ndt, Tbo dtx-umeral rj"e.% A1A L*x'umerrr G'1 i. Crmstrucru,n Q,angr Aultxmtza/ron
PROJECT: Kenai Congregate Housing
DIRECTIVE NO: 24
(name, address) City of Kenai
DATE: August 13, 1992
210 Fidalgo; Kenai, AK 99611
"ro CONTRACTOR:
ARCHITECT'S PROJECT NO
(name, address) Gaston 5 Associates, Inc.
CONTRACT DATE:
8511 Hartzell Road
Anchorage, AK 99507
CONTRACT FOR:
You are hereby directed to make the following change(s) in this Contract
Provide a bracket mounted, 4A: 60B: C, 10 pound, multipurpose dry chemical fire extinguisher
for elevator equipment room.
PROPOSED AWUSTMENTS
1 The proposed bast of adjustment to the Contract Sum or Guaranteed Maximum Price is:
®xkul¢1¢x 16cxto�,laracc�als�k�dacxfat9atX�f
FkxIi'X*Xrrloex(*k;$iiitXXXXXXX YXXYYXXXx"a
9017.00
® as provided in Subpar7graph . 3.6 of WKX)00WMX0RXXXJWXX9l'XIlPX1! Section 00940 of the Contract Documents
14Ix4WiVIdNllW%tx5fx;X
O u follows
2. The Contact Time is proposed to 0tiH(14iyU0JjXrennin unc}tariged)l(AJti(d((<SXdf��X1�X�07f}IU(liXl X� X �fji�XYYYYYY'f YYYY
XVXXtacltuc+rRaWfroaacxXXXXXXyXXX XXX
W hen signed by the Owner and Architect and rrceived b}- the Contactor, this document
becomes Effective IMMEDIATELY as a Construction Change Directive (CCD), and the
Contractor shall proceed with the changc(s) described above.
_Livingston Slone, Inc. City of Kenai _
ARCHITECT O)XNER
_3900 Arctic Blvd., Suite 301 __210 Fidalgo
Address Address
AnchoraoitgK 99503 Kenia, AK 99611
r
DATE DATE
Stgrururr by the Contator uxLK=cs the C(4)-
tranor's agreement with the proposed adlLv
ments in Conti -An Sum and Contrxi Time ei
forth in this Consuticuon Change Dtrecuve
factnn b AtcniratPc, 1nr
CONTRACTOR
_8511 Hartzell Road
Address
Anchorage, AK 99507
BY
DATE
AIR DOCUMENT C1714 • CONSTRUCTION CHANGE DIRECTIVE • W EDITION • AIA• • O 198' • THE
AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE. N V , V&%U?4GTON, D C 20006 G714-1 "7
13 Aug 92
�,�6 1992
I RecPi`ted
4�4`tc �?��k geQL
Mr. Keith Kornelis
Public Works Director
City of Kenai
210 Fidalgo
Kenai, Alaska 99611
WA,chitecL Engineering
Planning Interior Design
In —ported
Y,. �fi3l��_
REF: Kenai Congregate Housing
PN: 9017.00 FN: 4.1.1 g ! �4 Z
FOR COUdt,tL MFFi1N6 OF
City Mtgr. — - U .,
SUBJ: Construction Change Directive #25. &&,ieublic wrwKs -- U
e<pz+q—;rVinance
Dear Mr. Kornelis: 064inal To--+?&5uu,,.,,.!' W Pal
Council OK ONo ❑r ,
Attached is Construction Change Directive #25 which covers the addition of
electrical service to the oven in Unit Type 1D1. The service to the oven was
inadvertently omitted during the preparation of the Contract Documents.
If you have any questions, please call at your earliest convenience.
Sincerely:
L_IVINGSTON SLONE, Inc.
rrfa� '. ckermr n
Thomas W. Livingston, AIA Donaid E. Slone, PE
3900 Arctic Ble(I. Suite 301 Anchorage, Alaska 99503.5790 907) 562-2058 FAX (907) 561-4528
CONSTRUCTION OWNER O
CHANGE ARCHITECT O
CONTRACTOR O
DIRECTIVE FIELD O
A/A DOCUMENT G714 OTHER O
(Instructno ro on mrrrw side Tho chuurru+lt ►eldaces AIA Bwurne+lt G-1 i. comtruction Change Auttx)r[zatron
PROJECT: Kenai Congregate Housing DIRECTIVE NO. 25
(name, address) City of Kenai DATE August 13, 1992
210 Fidalgo; Kenai, AK 99611
TO CONTRACTOR. ARCHITECT'S PROJECT NO: 9017.)0
(name„ address) Gaston 6 Associates, Inc. CONTRACT DATE:
8511 Hartzell Road
Anchorage, AK 99507 CONTRACT FOR:
You are hereby directed to make the following change(s) in this Contract.
1. Sheet E2, Detail 4:
a. Provide accessible junction box below counter as required for oven in Kitchen 1D1.
See Detail 4/A2.4 for oven location.
b. Verify NEMA 10-50R range outlet shown at cooktop is required by manufacturer's equipment
or change to accessible junction box below counter as required. See Detail 4/A2.4 for
cooktop location.
c. Provide 2 conductor #6 AWG cu with gound nonmetallic -sheathed cable concealed underfloor
between oven and cooktop.
2. Sheet E6, Panel Schedule 1D: Circuit breaker 1.8 shall remain 50 ampere, 2-pole as shown.
PROPOSED ADJUSTMENTS
1. The proposed basis of adjustment to the Contrac i Sum or Guaranteed Maximum Price is
IpRUyyt �,�Cj7G�t �(�X�xdfQ(l��{vy�w..,YX@�X�(,l� �w�AXiS. Y X X X X X X X Y X X X Y Y X Y
L^�`L�t�tK>P�tltlhXQ4R.�AXXXXxXXXXXXXXX��X7SXXXXXX XXXY YX YY XYYYYY
® w, provided in Suhparagraph -.�.6 o� Ax!X)0"m lrnXt40dxXkft'txxl Section 00940 of the Contract Documents
for maximum cost of $600.00.
Z]K&4)J6 6WXx
2. The Contract Time is proposed tof@ctKetemun unchltlged�x�3itxxpxapt�stotCtuc9ti�(MxXbtRAiXx7c�c4i9�t>dSt4tPfxxxcxx�cakxac
dag*1UX1cxxtltascx0k ' x
Wrie.n signed by the Ovmer and Architectald re<eivcd by the Contractor, this document
becomes effective IMMEDLATEL.Y as a Construction Change Directive (CCD), and the
Contractor shall proceed with the change(s) descr-ibed above
_Livingston Slone, Inc.__..__ —_—
ARCHITECT
_3900 Arctic Blvd., Suite 301
Address —-------
- Anchorage 99503 �a
_ Cit _qf Kenai
OWNEK
_ 210 Fidaloo
Adcirec,_— — —.—
Kenia, AK _99611
M --
DATE
Signature b} the Contactor indicates the Cot
tractor s agreement with the prolxzsed adjus
ment_s in Contract Sum and Contrae7 Tune st i
forth in this CorLsttuction Change Dtrectivc
_C,astnn A Ass;niratPs, Trr
_
CONTRACTOR
8511 Hartzell Road
_
Address
Anchorage, AK 99507
DATE
ALA DOCUMENT G714 • CONSTRL'cTION CHANGE DIRECTIVE • 198' FLATION • AlA• • C 19N- • 'rHE
Ab1ERICAN INSTITUTE OF ARCHITECTS, 1-3s NF%x YORK AVENUE, NIX , WASHINGTON. D C 2000k-� G714-1 987
ARC ELECTRIC INC.
ELECTRICAL CONTRACTING 6 ENGINEERING
P.O. 60X 230027 3800 MIDVALE CIRCLE ANCHORAGE. ALASKA 99523-0027
(907) 522-1375
DESIGN CLARIFICATION/VARIATION REQUEST
NO. arc #56 Project: Kenai Housing
Contract: 2606
Item: Unit 1D counter cook top unit & wall range
Ref. Dwg. or Spec.: E-2 /4, E6 Panel schedule 1D
Description (Request): The Electrical drawings show one range
outlet located on the East wall of the kitchen in this unit. The
cabinet installer informs me that the East wall location shown on
the Electrical drawings referenced is where the cook top unit
will be located and that the oven unit will be located on the
West partition wall. If this is so then it is a changed
condition to the Electrical drawings and will involve extra
costs. Please advise and if changes are required please issue a
change order for $600.00.
Reply Required By:(ASAP) August 7, 1992
Originator: Wm. Paul Vanderwerff Date: August 6, 1992
ARCHITECT/ENGINEER RESPONSE
VARIATION Approved: Disapproved:
Remarks:
CLAR I F I CATION :_--
Reviewed by:Date:
Approval: ---- - _ Date:___ _
Al JG 0 1992
LIVINGSION INC:.
- - T H11 -
01SC . - -SET lVe7": /✓E< SoN
dEsT F04 'a%ec----
Wm. J Nelslon&ASSOCiatesOESiGT. ONSUL' STRUCTURAL / ' ✓ (�
215 RDALGO. SUITE 204 KENAI,AtASKA 99611
.., - F .+..
August 5, 1992.6
Rp+^eivad
Keith Kornel.is CVork;
Depl.
City of Kenai
210 Fidalgo Ave.
Kenai, Ak. 99611
Re. Set Net. Drive / Set Net Court
Dear Mr. Kornelis,
FOR COUNCIL MEETING OF EV I y:x
City Mgr. --[] Attarrey
A&eublic Works City Clerk
? q4l�—alFinarice� .
OripinillTQ A ^' Submitted Qy-,P-�7
Guuncil OK MNo Qy#• = Gk
Attached is a current billing for Set. Net Drive / Set Net Court
design and inspection. The total amount billed is the
cummulative total authorized under the Contract for Design and
the Contract for Inspection.
As you can see the design effort exceeded our estimate, while the
required inspection effort was well under our estimate. The
extra time spent on the design resulted in a smooth running
project that was completed quickly and efficiently with no change
orders or cost overuns. I would like to have our not to exceed
limits for the two Contracts combined so that we can be,
_reimbursed for our costs up to the combined not to exceed limit.
Although our actual time spent on the project exceeds the
combined not to exceed amount, I am not asking to increase the
combined not to exceed limit.
Would you please present this request to the City Council for
their approval. I would be glad to attend the next Council
meeting to answer any questions.
Sincerely,
WM. J. NELSON & ASSOC.
i
Wm. J. Nelson, PE
gc#9,kkO80592.202
Wm. J. Nisen& Associates
215 FIDAL_GQ SUITE 204 /3 s KENAI. ALASKA 99611
r '0
~ 0 1992
y Reecoei �vee�d.
cityaTATEMENT
a public Wars Dept .,
cti
��
Client: City of Kenai
Address: 210 Fidalgo
Kenai, Ak. 99611
Description: Set Net Drive and Set Net Court St. Improvements
Reference. Design $10,680.00
Construction $17,620.00 ✓
$28,300.00
Dales: Person: Hours:
Total IIours (See attached)
L.css Previous Inv. 2/16-3/14
Less Previous Inv. 3/15-3/28
Less Previous Inv. 3/29-5116
Less Previous Inv. 6/22-7/19
S'.lhtotal:
'I lx:
Total:
Previous Cumulative Billings:
r )tal Cumulative Billings:
13 ]ling Limit
Cumulative Payments Received:
-- $28,634.50
— 3,875.50
- 3,462.00
— 3,342..50
4, 100,00
$13,854.50
CONSULTING i_NGNF:RE=
S TRUCTURAL ; CIVIL : PLANly NC
19C 71 2B3-33 5B3
FAX 19071 2B3-4--14
�. Z.ZrL
Date: 8/4/92
Invoice No.: 080492.202
Job No.: 9202
Rate: Amount Duc:
/
/a�Cy�Trit�c< nl= \
BALANCE DUE... PLEASE PAY THIS AMOUNT-
$13,854.50
$13,854.50
$13,854.50
$14,780.00
$ 28,634.50
$ 28,300.00
$14,780.00
$13,520.00
P.)vment is clue on billing date. 1. + perrno.wll tx� charged to accounts over.30 days past due.
Dates:
Person:
hours:
Rate:
An►ount Du,-
Design
2/16-6/14
Engineer
7.25
85.00
$616.25
2/16-6,/14
Drafting
37.35
50.00
$1,862.E0
2/16-6/14
Civil Eng.
226,50
50.00
$11,325.C()
2/16-6/14
O.T.
8.00
63.00
$504.CO
2/16-6/14
Clerical
17.25
30.00
$517.5:)
2/16-6/14
Hughes
Drilling
$816.7')
2/16-6/14
Whitford
Surveying
$2,112.00
2/16-6/14
Anchorage
Reprographics
(plans)
$242.5J
2/16-6/14
The Printerslnk
(manuals)
$357.0D
2/16-6/14
McLane &
Associates
_ $916.0:�
Subtotal:
$19,269.5.D
Construction
6/22-8/2 Drafting 0.50 50.00 $25.0'
6/22-8/2 Inspector 128.00 50.00 $6,400.0)
6/22-8/2 Whitford Surveying $2,940.0 )
Subtotal: $9.365.0 )
TOTAL: $28,634.51)
I'l-m meat is due on hilling d.,ac. I J her mo. t ill he charged to accounts over 30 days past clue.
1791-1991 J
CITY OF KENA
210 FIDALGO KENAI, ALASKA 99611
TELEPHONE 283 - 7535
FAX 907-283-3014
MEMORANDUM
Disc. - ADEC Grants
8/ l 9/92
TO: Charles A. Brown, Acting City Manager
FROM: Keith Kornelis, Public Works Director e
DATE: August 14, 1992
SUBJECT: ADEC Grants
FOR: City Council meeting of 8/19/92
I. Attachment A is a copy of the State Department of Administration Grant for the Sewer
Interceptor into Thompson Park in the amount of $675,000.
II. Attachment B is a copy of a letter concerning the State ADEC fifty percent, (50%),
Matching Grant the City is to receive for any water and sewer project up to $850,000.
I have in the past, filled out these application forms. I assume Council wants to use this
money to fund the Thompson Park Sewer Interceptor.
III. Is it the Council's desire to fund the Thompson Park Sewer Interceptor as follows:
$ 675,000 State Admin. Grant for Thompson Park Sewer
275,000 City Water & Sewer Operating Fund
_850,000 ADEC 50% Matching Grant for any Water & Sewer project
$1,800,000 Total Project Cost Estimate
This is assuming that the City will be allowed to use the State Administrative Grant of
$675,000 as part of the 50% match needed for the ADEC grant. This is what we have
done in the past.
Page 2
ADEC Grants
8/14/92
IV. Attachment C is a copy of the letter from ADEC asking for our new project request list.
Every year I fill out a questionnaire for ADEC grants similar to the one attached. I need
to know what projects Council would like to see submitted and in what priority. Public
Works recommends that the number one priority be Water Quality Improvements. I think
that under Federal and State requirements the City will be mandated to improve our water
quality. I also doubt they will provide any funds for this improvement. Our municipal
water users have complained about color and odor in our water system. New regulations
going into effect addresses these problems.
City water and sewer costs are to be paid for with user funds or grants. Without grant
funds to pay for any mandated improvements the water and sewer users would have a
tremendous cost increase.
Projects to consider include:
Water Quality Improvements
Water Distribution through Thompson Park
Sewer Collection through Thompson Park
5th Street to Woodland Water Main
KK/kv
STANDARD AGREEMENT FORM
FOR MUNICIPAL GRANTS
, #-".This agreement Is executed between the State of Alaska, Department
0 inistration (Hereinafter called the "State"), and the City of Kenai
erei er called the "Grantee")-
s ?
TNESSETH that
ereas. the Grantee Is willing to undertake the performance of th, s
under the terms of this agreement
.Virhereas, the Grantee has the authority under. the State'law or local
charter"to provide the services for which funds were appropriated;
y ' � gmt MMP-i'��`W].iereas,'. the S.tate'has 'the authority to enter Into.,this agreement* b-
3 5 44'� 7.0 .3 15'.
. :.
Whereas, ""linexp ended:funding lapseson five yar. or.this grant t,
anniversary date of July' 1 -1997 if,the'project Is not substantially unde
-
-upon completion or'bf the'prbject if work -is' omplete
"completed prior'to' the. five yeat-
'"versary date or if substantial, ongoing work stops after the five year dal
L7
Is reached: ', " z -' -, "' "
W -lereas, the number Is, 4/93-014
yl
Whereas,the grant amount is; $675,000.00
i 'l 00
Whereas
, the grant purpose'is; 'Thompson Park Sewer
Interceptor Construction
Whereas, the Grantee intends to -use these funds'as explained
f
j4
cti
below-
.1 d
(Rev. 5/90) Page I of 4
,jTACHMENT <Z�
-,Aart / -- oF—Z
\� DEI'T. OF ENVIRONMENTAL CONSERVATION
FACILITY CONSTRUCTION AND OPERATION
410 WILLOUGHBY AVE., #105, JUNEAU, AK 99801-1795
ZWALTER J. HICKEL, GO4FRNOR
Phone: (907) 465-5180
Fax: (907) 465-5177
August 6, 1992
c)
Mr. William Brighton ; n .-. < w t .
�e
City Manager,'= `, ,1992
210 Fidalgo Avenue ``�� - co
ived
Kenai, AK 9Q611 � i ae`oiKonal
M COY N
D Pubtic V,orks Deft.
Dear Mr. Brighton:
9ZCZ�2
Duringthe past legislative session the Le islatur " ro riated and Governor Hickel
P 9 9 �p P
signed into law a capital budget which authorizes the City of Kenai to receive up to
$850,000 through the Department of Environmental Conservation's Fifty Percent
Matching Grant Program. The funding can be used for Kenai water and sewer
projects.
We invite you to contact Mr. Mike Burns at 273-4217 for assistance in obtaining and
filling out an application form for each project. If you wish to write to Mr. Burns, his
address is as follows:
Mr. David M. Burns
Department of Environmental Conservation
Facility Construction and Operation
3601 "C" Street, Suite 310
Anchorage, AK 99503
FAX: 562-7965
Prior to beginning work on the project, it is important that your project officer contact
Mr. Burns to discuss program requirements so that you do not jeopardize eligibility for
parts of the project. We look forward to working with your staff in developing and
completing projects with these grant funds. If you have questions please call eithE7r
Mr. Burns or myself.
Sincerely,
Jlr�C,4
Dick Marcum, Chief
Municipal Grants and Loans
DM/VC' (fco\clerical\marcum\announce.rnryl
a1'1'ACHMENT
'AGE_.._1 — OF �
Cc: Mike Burns, FCO/Anchorage
DEPT. OF ENVIRONMENTAL CONSERVATION
FACILITY CONSTRUCTION AND OPERATION
410 WILLOUGHBY AVE., #105, JUNEAU, AK 99801-179E
l- t 23st
CP
August 3,
Ln
Mr. William J. Brighton
City Manager
210 Fidalgo Avenue
Kenai, AK 996-1
Dear Mr. Brighton:
VVALTER J. HIGKEL, GU ; ERr� ��R
Phone: (907) 465-5180
Fax: (907) 465-5177
1992 ��1a91017�2��
iry AV 1932
Receiver
M city or Kona, Aj
M Pub1k Works O Pt[�o
0
Enclosed is a fiscal year 94 Capital Budget Questionnaire for the Alaska Department of
Environmental Conservation's 50% Municipal Matching Grant Program. If you wish to
have your water, wastewater or solid waste projects considered for State funding
assistance, please fill out one form for each project and return to me by
September 18, 1992.
If you need technical assistance in filling out the questionnaires please contact either
of the following persons:
Mike Burns 273-4217
Dan Garner 465-5144
Legislation was passed in 1987 authorizing the Department to provide funding
assistance through state and federal loan programs. The federally funded part of the
program operates on a different cycle than the State program. You will receive
information and questionnaires from the federally funded part of the program at a later
date. The State loan program has never been funded by the Legislature. This year's
questionnaire asks a few gUestions about your interest in the State loan program. If
sufficient interest is shown by communities in the state we will include information in
our legislative request fcr funding this year. Otherwise we will not continue to pursue
funding for the program at Vies time.
Also enclosed in this letter is a copy of the criteria which we will use to evaluate and
prioritize projects for grant assistance. Each year vie modify the criteria to
accommodate the changing needs of the Alaskan communities as well as chang ng
legal requirements. We bel e,rr1 the current criteria system provides a mechanism for
balancing the many different kinds of needs that have historically been present it
Alaska as well as the anticipated needs of the future.,
4TACHMENT
',WE I ._ OF ZG'._
Mr. William J. Brighton -2-
August 3, 1992
Please notice that each project is scored on the basis of information you provide in the
questionnaire. The number of points is indicated in parenthesis next to the
appropriate questionnaire item. In the event of a tie between scored projects, the
questionnaire with the earliest date received by ADEC will receive the highest priority.
look forward to assisting you in obtaining funding for your projects. If you have
questions please contact me. '
Sincerely,
Dick Marcum, Chief
Municipal Grants and Loans
DMj yr (fco\c1erical\marcum\fy94.mrg)
Enclosures: FY 93 Capital Budget Questionnaire
Municipal Matching Grants Criteria System
e-'ACHMENT <a. '9A OF 10 -
ALASKA DEPARTMENT OF ENVIRONMENTAL CONSERVATION
FY 94 CAPITAL BUDGET QUESTIONNAIRE
MUNICIPAL MATCHING GRANTS PROGRAM
GENERAL INFORMATION
1. Date:
2. Your Name:
3. Phone Number:
4. Community Contact/Tide: _
5 Municipality Represented:
6 Address:
7 City:
GENERAL PROJECT INFORMATION
9 Project Title:
1t). Project Type: (please check the correct category(s))
water sewer solid waste
11. Please describe exactly what this project will accomplish.
�ACHIWIENT
N
(2E 3 0F LO
'12. Please describe why the project is needed. Include a description of how the
project will benefit the public and what needs will be addressed. If a health or
pollution hazard exists which the project will correct, describe it, and include a letter
or memo from a health authority that confirms that a pollution or health hazard
does exist. What would be the consequences of not doing this project? (300 points
Public Health or 200 points Environmental Pollution)
J
PROJECT DEVELOPMENT STATUS
13. Please describe the planning which has taken place to date for this project by
checking one of the following statements:
_ A. Engineering plans and specifications have been prepared.
(100 points)
B. A feasibility study which addresses the need for this project
has been prepared. (50 points)
C. A comprehensive study which addresses the need for this
project has been prepared. (25 points)
D. None of the above have been prepared.
Comments:
OPERATION AND MAINTENANCE CAPABILTIES
14. How many state certified water and wastewater operators do you have in your
community? _ What are the kinds and highest levels of certification?
(150 points) L-TACHMENT CC
4 .r /A
1;i
16
1 f'
Are monthly water samples submitted to State? (75 points)
Yes No
Are either federal (NPDES) or State wastewater permit requirements being met?
(75 points)
Yes
No
Please check the item that best describes the effect this project will have on annual
operation and maintenance costs. (50 points)
s
1. The project will not have operational or maintenance costs.
2. The annual operation and maintenance costs have not been
estimated.
3. The annual costs have been estimated as $ and the source
of funding will be:
a. User Fees - amount
b. City revenues - amount
C. Sales taxes - amount
d. Other - amount
1E. Have you adopted a local user fee ordinance? (50 points)
Yes No _
Date ordinance adopted _
Copy attached: Yes _ _
- No
RELATIONSHIP TO OTHER PROJECT PHASES
19. Your project may be composed of more than one segment or phase. If so, please
check one of the following statements and explain:
A. At least one phase of the project has alreaay been started and this phase is
needed to make the project functional. Explain the relationship of this phase
to the whole project. mo points)
u7ACHMENT <22
OFF°°_ .f
B. Explain if this project needs to be built in conjunction with another project to
reduce cost to the State. (5o points)
LOCAL PROJECT COMMITMENT
20. Total project costs are estimated as follows:
Administration
$
Engineering and Inspection
$
Construction
$
Equipment
$
Other
$
Total
$
21. Please list the sources and amounts of funding you expect to use on this project.
A. Source Amount Year
Source Amount Year
Source Amount Year
Source Amount _ Year
22 What is the source of funds you intend to match this ADEC grant with? (100 points)
23. Will this project capture or use federal funds? (75 points)
Yes No
ACHMENT
OF--/____
24. What priority does this project have in the Municipality's capital budget request to
the State for FY 93?
25. Is there a Council resolution attached identifying project as number one local state
funding priority? (50 points)
Yes No
2& Considering other available funds, how much will your grant request to ADEC be
for this project? $
Cost estimated by:
Name:
Title or position
Phone:
Please estimate the existing population which wil benefit from this project?
people.
Would you be interested in obtaining a low interest loan for this project?
Yes _ No
Loan Amount:: u R
ECONOMIC DEVELOPMENT
27 Describe if this project will promote economic development and/or local job
opportunities. (100 points)
" r►CHMENT
4
'» �� OF_!o
ti "cu'.cler,caAgair,er*,quest.mgl)
MUNICIPAL MATCHING GRANTS PROGRAM
CRITERIA SYSTEM
ALASKA DEPARTMENT OF ENVIRONMENTAL CONSERVATION
FACILITY CONSTRUCTION AND OPERATION DIVISION
CAPITAL PROJECTS
SFY 94
I, Problem Addressed
(Projects score the highest from either Public Health or
Environmental category)
A. Public Health (one of the following)
1. A human disease event exists documented by a 300
recognized public health organization and reviewed by
ADEC. Construction of the requested capital project will
correct the existing problem.
2 Current conditions are sufficiently severe that a disease 200
event could occur or a drinking water standard has been
exceeded but it either has not happened or has not been
reported.
3. Conditions are not probable that a disease event will take 100
place. The capital project is required to prevent or
minimize the possibility of future public health problems.
B. Environmental (one of the following)
A pollution event has taken place documented by a 200
recognized public health organization and reviewed by
ADEC. Construction of the requested capital project will
correct the existing problem.
2. Current conditions are sufficiently severe that a pollution 100
event could occur but it either has not happened or has
not been reported.
3. Conditions are not probable that a pollution event will 50
occur. The capital project is required to prevent or
minimize the possibility of future pollution events.
--�,CHMENT Z
'E OF!D
II. Project Development Status (one of the following)
A. Engineering plans and specifications have been prepared and 100
have been provided to an office of ADEC.
B. A feasibility study or facility plan has been prepared and has 50
been provided to an office of ADEC.
C. A comprehensive study has been prepared which compares 25
the need for the project with other community needs and has
been provided to an office of ADEC:.
III. Operation and Maintenance Capabilities
A. Water and wastewater facilities are being operated by certified 150
operators at the level of competence required by State law or;
Water and wastewater facilities are being operated by certified 50
operators where certified operators are not required by law.
B. Drinking water system complies with State drinking water 75
program sample submittal requirements.
C. Wastewater treatment facilities comply with ADEC wastewater 75
permit requirements.
D. Operation and maintenance (O&M) costs and funding 50
kJentified.
E. User fee ordinance adopted, copy submitted. 50
IV. Relationship to other Project Phases
(only for projects previously identified as being phased projects for
purposes of funding)
A. This project is needed to make the initial project phase 100
functional.
B. Project needs to be constructed in conjunction with another 50
project to reduce overall costs to the state. Project and
schedule must be identified.
^CHMENT `�
V. Local Project Commitment (all can score)
A. The source, amount and year of matching non-federal funds 100
have been identified. (Does not include future year legislative
or other anticipated State or federal government funding.)
B. Federal funding is available for use on the project. 75
C. The local governing body has submitted either a resolution or 50
priority list identifying project as the top priority in the
community's overall list of capital projects.
VI. Economic Development
A. This project is needed to promote economic development or 100
local hiring opportunities. Specific economic development
potential must be identified.
(fco\clerical\garner\mgcrit3.93)
ACHMENT
,i to of to
1791-1991
CITY OF KENAI
�Od CCS104:14-41, 4 41,aciia
210 FIDALGO KENAI, ALASKA 99611
TELEPHONE 283 - 7535
FAX 907-283-3014
MEMORANDUM H-7
TO: Charles A. Brown, Acting City Manager
FROM: Keith Kornelis, Public Works Director
DATE: August 19. 1992
SUBJECT: Request Council Work Session
FOR: Council meeting of 8/19/92
I request that the Council hold a work session before September 14, 1992 to discuss:
1. Water & Sewer CIP priorities
2. Drinking Water Regulations
a. Lead and Copper Rules
b. Surface Water Treatment Rule
Lead & Copier
US EPA is requiring immediate extensive testing for lead and copper. We need to take 40
samples from households for testing. Public Works may be calling council members, friends,
(if we can find any), and foes, to see if they will take a sample for testing. If tests prove more
than 0.015 mg/L., for lead or 1.3 mg/L for copper the City will need to treat our water to reduce
corrosion. See attached fact sheet, May 1991.
Surface Water Treatment Rule
I have attached AWWA brochure "Surface Water Rule" and ADEC Question and Answer Fact
Sheet. Note that in order to avoid filtration the turbidity must not exceed 5 NTU. Our turbidity
is much higher - closer to 15 NTU. US EPA and ADEC have both stated that the cost for this
water treatment will have to be paid for by user fees. A rough cost estimate goes from and
additional $6/month to $50/naont.h.
KKJkv
4v
13 - 2 .15
Fact Sheet:
National Primary Drinking
Water Regulations for Lead
and Copper ..:
Igo
y9,4
1991
Office of Ground Water and Drinking Water
U.S. Environmental Protection Agency
Washington, DC
9
I
OS '06. 91 13. rS "'.U: -.., -.
Summary
' Mese regulations v" :
• Establish Max mum COIL minant Level Goals (MCLGs)
MGLG Action Level
(mg/L) (mg/L)*
Lead o 0.015
Copper 1.3 1.3
'Measured In 90th percerdi'ie
at consumers' raps
of zero for lead and 1.3 milligrams per liter (mg/L) for
copper_ 41
• Establish a treatment technique requirement for lead that includes:
1) optimal corrosion control treatment,
2) source water treatment,
3) public education, and
4) lead service line replacement
• Establish a treatment technique requirement for
copper that includes:
1) optimal corrosion control treatment, and
2) source water treatment.
• The treatment technique requirements are triggered by exceedances of the lead action
level of 0.015 mg/L or the copper action level of 13 mg/L measured in the 90th
percentile.
These final rulemalc ngs establish --
Two additional National Prirn a.:-y Drinking Water Regulations (NPDWR s), bringing the
total to 58.
• Two additional inorganic sta.-idards, bringing the total to 13.
These rules also include provisions for.
• Analytical methods and laboratory performance requirements;
• Best Available Tedmologies (BAT) for complying with the treatment technique
requirements;
• Mandatory health effects Ian guage to be used by systems when notifying the public of
violations;
• System recordkeeping and rep<)rdng requirements; and
• State recordkeeping, reporting and primacy requirements.
Jfy
T
Sources in
Contaminant Low Level Health Effects Drinking Water
Lead Children: Corrosion of:
Altered physical and mental develop- Lead solder and brass faucets
meat; Interference with growth; deficits and factures
in IQ. attention span, and hearing; Lead service lines (20% of public
interference with home synthesis water sytems)
Women:
Increased blood pressure; shorter Source water (i°lo of systems)
gestational period
.:. _ ._.... Men:
Increased blood pressure
Copper Stomach and intestinal distress; Corrosion by-products:
W'ilson's Disease Interior household and building
pipes
Source water (i%, of systems)
Ud)'Vu,— ...,.— ----- -
reduce the exposure of approximately 130 nmillion people to lead in ddnldng wafer.
result in an additional 570,OW d&dren Raving their blood lead bevel reduced to below 10
micrograrns per deciliter (ug/dl).
Nationwide health benefits when translated into avoided medical costs are estimated to Ix --
between. $2.8 and $4.3 billion per year for corrosion control and source water treatment.
— between $70 and $240 million per year for lead service line replacement.
Nab=wide material benefits attributable to reduced corrosion of water distribudon syst=
and household pluml=g systems are estimated to be S5W nu
f . s.
• Capital oasts are estimated to be between $29 and $7.6 bMion.
• Total annualized costs ate estimated to be between $500 and $790 million per year.
• For large systems (serving >50,000 persons), corrosion control treatment required by this rule
is estimated to cost$1 per household per year.
• For smaller systems (serving < 50,000 persons), corrosion control treatment is estimated to
cost $2 to $20 per household per year.
• Total annualized costs for Iead service line replacement are estimated to be $80 in $270
million per year.
• Tap water monitoring will be required for 79,000 community and nontransient non -
community water systems.
• Monitoring costs are estimated to t--
- W million per year nationwide.
per • • 1 per • •- systems and per • • I •1 year
for smaller .e•
State implementation msts are esti=ted to be $40 million per year -
Lead
arujcopper
ar..v�pj/08!81 1J:27
Corrosion Control Treatment
t Sys =s mr>st collect tap water samples for lead and copper from high risk homes.
Corroslon Control Studies
III Systems triggered info the corrosion control treatment requhvnx tts may first have to conduct studies to
compare the effectivenm oh
— pH and allmiauty adjustrnent (reduces the aridity of the water);
— ca]ci=adjustment(proawtestheformation ofprotectivecoatingsm4depipesandpl=ibfng);arid.
addition of phosphate or aca-based corrosion inhibitor (forms protective c5oatingiaside pipes and
pSumbiinF). w
■ All large wager systeuts (serving>50,000 people) are required to conduct such studies.
Small and itan-size water systems (serving 550,000 people) that a xced the lead or copper action level
are required to fast submit arecommendation for opti nal corrosion control treatment to the State.
■ The State wM either approve the mwn meaxded treatment or require the installation of an alternative
tz+eafinen#: 7'he State may, as an alternative, requ ne small and medium -size water systems to conduct the
mrrosiou control treatment studies described above.. .
■ Anvsysfemfttmnductsmrmsiommntrolswdiesmnstz=ni=iendanoptbalcorrosiommntwltieatnent
to the State on the bass of study results and monitoring data.
■ States wfil either approve a syste fs recommendation or designate an alternative weatuent as optimal.
Corrosion Control Treatment
■ Once trey merctis specified by the State, sys= will have 24 months to install optimal corrosion control
treatment and 12 months to collect follow-up samples
t States will assign values for a set of water quality, panauteters that constitute optimal corrosion control
pH;
alkalinity,
— calcium, when carbonate stabilization is used;
— orthophoshate, when an inlu tor with a phosphate compound is used; and
— silie4whm m kdubitorwith a silicate compound is used.
■ A system must continue to operate within the water quality parameters established by the Stage
Source Water Treatment
■ All public water systems that exceed the tap water lead or copper action level must collect source water
samples and subrrdt the data with a treatavmt rec=mlendation to the State_
■ States may specify one of the following tr mt amts, or an alternative treatment at least as effective, for the
system. to install 1) ion exchange, 2) reverse osmosis, 3) Buie softening or 4) coagulation/Slfration.
■ Once treatment fs specified by the State, systems will have 24 months to install source water treatmentand
12 months to collect follow-up source water samples.
■ States will review follow-up source water monitoring results and assign nu)dmum permissible lead and
capper cOricentrations in source wafter encoring the di.'~tt'ibution system
■ Sy stems must continue to deliver water to all entry points in the di;tnbution system that does not exceed
the rraxiin 11 pemussible lead and eopp(rr' concentrations established by the State. _
III Source water monitoring will be stan.dar zed to 3/6/9 year cycles after treatment or the State
deternunes no treatment is necessary.
G
Public Education
■ informs the public about the adverse health effects of lead and mplains the steps people can take in their
homes to redum their exposure to lead in drinking water t;Le., flushing the tap; cooking with Cold water
rather than hot; d=ldng for Iead solder in new plimhbinV and Ming them water for lead3.
■ AnpobUcwatersysteoZsocmUngtheleadacfionlevelmustdelivertheEPA-developedpubkeducation
program to their customers within 60 days. j
■ Every 12 months, systems must deliver.
bill stuffers to their amtomers and brochmes to all instib4ors in the community frequented by
1 women and children (I-e-, health departrmen% hospitals, clinics, eta), and
-- the public education material. to the editorial departments of major newspapers serving the
maunimity.
■ Every months, system must submits publicservice announcement on lead indrinlaingwakr to major
television and radio stations serving the community.
■ Every 12 months, tin-trwisient non -community water systems must past inforu tan. notia n in each
building served by the system and deliver brochures to all of the system's customers.
■ Tice public education program must be delivered by a water system fen' as long as the by exceeds the
Lead action level.
Lead Service line Replaoement
■ AS public water systems thataort}inue to exceed the lead action level after installing optimal corrosion
control treatment and source water treatment must replace lead service limes that c ontr;bute m excess of
15 parts per billion (ppb) to total tap water lead levels.
■ A systemmurst replace seven peraem of its lead limes each year or demonstrate that the lines not replaced
cont alute less than 15 ppb of lead to drulldng water at the tap.
r Asystemmustreplarnthaeadmleadsesvicehnem-lessitcande=nstmtethatitdoesnotcontroltheentre
Une. Water systems rr-mst offer to replace the ownes portion of the service line.
■ Asystemthatexceedstheleadaction level after installingoptimalcorrosioncontrol trcatmmtandsoume
water treatment has 15 years to replace all lead service lines.
Tap Water Monitoring
Lead and Copper
Start Dates for Monitoring
January 1992 Large Systems (>50,000)
July 1992 Medium -size Systems
. (3,300 to < 50,000)
July 1993 Smaii Systems (s 3,300)
Sample Site Location �»
Monitoring Period
1 monitoring period is
equivalent to 6 months
(2 per calendar year, i.e.,
January to June and
July to December)
• Tap water samples must be collected at high risk locations:
— homes with lead solder installed after 1982,
— homes with lead pipes,
— homes with lead service lines.
Sample Collection Methods
• First flush lap water samples must stand motionless for at least six hours before the
samples are collected..
• One liter of water must be drawn from the cold water kitchen or bathroom tap.
• Systems may collect samples or enlist residents to collect samples. Residents fill the
container supplied by the water system according to directions and leave the container
for the system to pick up.
111�it.ts u
Tap Water Monitoring
Lead and Copper
Number and Frequency
Base Monitoring:
• All public water systems are required to collect one sample for lead and copper analysis
from the following number of sites during each six month monitoring period.
System Size
(Population)
No. of Sampling Sites
(Initial Base Monftodng)
., : No. of Sampling Sites
(Reduced Monitoring)
>100,000 100
50
10,001 to 100,000
60
30
3,301 to 10,000
40
20
501 to 3,300
20
10
101 to 500
10
5
<107
5
5
Reduced Monitoring:
• All public water systems that meet the lead and copper action levels or maintain
optimal corrosion control treatment for two consecutive six month monitoring periods
may reduce the number of tap water sampling sites (see Table 1) and their collection
frequency to once per year.
• All public water systems that meet the lead and copper action level, or maintain optimal
corrosion control treatment, for three consecutive years may reduce the tap water
sampling sites (see Table 1) and their collection frequency to once every three years.
i
read and CQpper Fhd Shee:t--7
L;
�rL
Monitoring
Water Quality Parameters (other than lead and copper)
• In addition to lead and copper, all large water systems, and those small and medium -
size systems that exceed the lead or copper action level, will be required to monitor for
the following water quality parameters: -
- alkalinity,
calcium,
- conductivity,
- orthophosphate,
silica, and
water temperature.
• These parameters are used to identify optimal treatment, and once treatment is
installed, to determine whether a system remains in compliance with the rule.
Systems are required to maintain water quality parameters within State speci.fed ranges.
• Systems will have to monitor water quality parameters at two separate locations:
representative taps throughout the distribution system (systems can use
total coliform sampling sites)" and
entry points to the distribution system.
Base Monitoring: -
• All large water systems (>50,000) and those small and. medium -size water systems
(550,000) that exceed the lead or copper action level must collect two tap samples for
each applicable water quality parameter from the following number of sites during each
six month monitoring period.
System Size No. of Tap Sampling Sites No. of Tap Sampling Sites
(Population) (Initial Base Monitoring) (Reduced Monitoring)
>100,000 25 10
10,001 to 100.000
10 7
3,301 to 10,000
3 3
501 to 3,300
2 2
101 to 500
1 1
K�I 0C
1 1
:.e" •O • •�• •r
Monitoring
Water Quality Parameters (other than lead and copper)
AIL large water systems, and those small and medium -size water systems that exceed
the lead or copper action level, must collect one sample for each applicable water
quality parameter at each entry point to the distribution system every two weeks.
• All large water systems, and those small and medium -size systems that exceed the lead
or copper action level, after installing optimal corrosion control treatment must
continue to collect:
- two samples for each applicable water quality parameter at each of the
sampling sites specified above every six months, and
- one sample for each applicable water quality parameter at each entry point to
the distribution system every two weeks.
Reduced Monitoring:
• All water systems that maintain. State -specified water quality parameters reflecting
optimal corrosion control for two comecutive six month monitoring periods may
reduce the number of tap samples collected (see Table 2) during each six month
monitoring period.
+ All water systems that maintain. State -specified water duality parameters reflecting
optimal corrosion control for three consecutive years may reduce the number of tap
-, mples collected (see Table 2) and the frequency with which they are collected to once
year.
i
M• V. •
13: OU
r
Monitoring Schedules
Monitoring Period
Parameters
Location
Frequency
initial Lead and Copper I Targeted high risk Every six morlthsix
Monitoring Interiortaps
After Installation of Lead and Copper Targeted high risk Two consecutive sac month
Corrosion Control Interiortaps mondoring periods
After State Specifies
Parameter Values for
Optimal
Corrosion Control
Lead and Copper
Twgated high risk
Interior taps
Reduced Lead and Copper Targeted high risk
Monitoring Interior taps
Lead and Ccpper Targeted high risk
Interior taps
Two consecutive six month
monitoring periods'
Once every year'
Once every three years
L.a A systems m:aa rap wager sarr'p;es for n+ro-aa moot, rnQrr--rn9 Periods before condu=Q comparative arrasion control treaunern =xfes.
_ $.: all end rr*diun sus aysierns on,ec: t8p vraMf —m;�as b, -a arid copper unfit they exceed tne teed or copper aeon IevM and are triggered vnm the
rtessneca wan iqz" recsurerrw a-
' Sys•nnts meeting the lead and copper ac on level. or rttara_1 nti op:rnal corrasen =tvl "ar—It specified by the Ste, for two cansacuttm ®c marrSt
rnor=nng penods may reduce tap wwAf s=prrg to oroe Per y ear Ltd doled t'ta reduced number Of samples irtFrated in Table t on Pape 7.
' Sysem M"tng the lead and topper anion level. a mainn:n rig opt r a —Iron control tr6armerrt soeci5ed by the Stan', fort+tree cwzear w years ntaY
reams rap weer samptrp to once every hive soars al C cr Cecz'v reduced lair„ber of swnplav UA coed in Table 1 on pace 7.
40• ! be rp eiel eer
Monitoring Schedules
Monitoring Period
Parameters
Location
Frequency
initial
PH, akeNny.
Taps and at entry points) to
Every six mouths r
Monitoring
orthophosphate or stTica Z,
distribution system
caldum, conductivity,
temperature
After Installation of
PK aAcaTinity.
Taps
Every six months
Corrosion Control
orthophosphate orsirica2,
ca$dum a
pH, alkalinity dosage rate
and concentration cif
Entry point(s) to distrbution
— _ — `—
Biweekly
alkagnity adjusted as part of
System
corrosan control), inhibitor
dosage rate and inhbkor
residual 4
After State Specifies
pH. atkarintry.
Taps
Every sic morphs
Parameter Values for
orthophosphate or sidca2,
Optimal
cakcium'
-------—
--------
--
Corrosion Control
PH; alk0r.",y dosage rate
Entry point(s) to distribution
— --
Biweekly
and concentration (;f
system
alkalinity adiusted as part of
corrosion control), inhibitor
dosage rala and inhtbi=
residual
Tapss•6
Every sic months
Reduced
PK afkaLnriy.
lvtonrto I
orthophospr..r�a or si%cat.
calcium
pH, atkalincy dosage rase
Entry point(s) to disutbution
— — —
Biweekly — —
and corcerrranon (if
system
a8carrnity zd)L=ad as part of
corrosion control), inhbrtor
dosage raw arO to h tbitor
rasiduaJ `
' Sntall and mediu.^,t-.size systems have to morvtr tpr cots ! c--.i -/ Pesters only during MrLito inp period in which ta sys'-,ein 9xCo ds t.`.a load or copper
action level. Large systems must rmrtmr water c,.aiy doffing Bath mani*ring period.
_ OrJ1100"Or" rtt= be meowed ordy when an inhbmr cor =nng a phosphate eomPound t$ tamed. SUM must be measured only when an inh b for
— -srmv &T,cage owpound is used.
Caiaum mun be measured any when calcium, Carbonaa s L won is used as part or corrosion oont N.
' ktLbitor dosage rafts and intub w residlsal moors ;o(hoohosphata or 6ii ca) rrn>st be measured ony when an i 1abitor is uszci
' SyWenrs mairmirdna optimal corm control trezrwt spec!Sed by uhe Seta for tutu tonseamve six{rwnth monitodN periods may reduca-W water
sampffnp of water 4Lmdd'y pararne rs w was per year sr.d aDilea tw reduced r =dw or samples indicated in Table 2 on papa fl.
' Sylte'r 4 m"rtRir g optimal o=osion oorwol tr"r*rt a Pe-cled by 1-�e Stste for4uae pnsec ve years nizy reduce tapwatersamcfM ofw=!r var-.uneters
'�3 once every three years and cotlaa mo roaucoo n .Mbar of SW'Vas Inocaiad in Table 2 on pale &
Lead artd Copper Faet Sheet —I 1
05-'06%81 13 31
1,
t
Regulatory Schedule for urge Systems
(>50,000 people)
Date Activities (system activities denoted by k )
May 1991
National Primary Odni ing Water Regulations (NPDWRs) for lead and
copper promulgated
January 1992
"" Begin tap water and distribution system monitoring
November 1992
Treatment technique requirements take effect
January 1993
Complete tap water and distribution system monitoring
July 1994
complete corrosion control studies and recommend treatment to State
January 1995
State designates optimal corrosion control treatment
January 1997
-�. Complete installation of corrosion control treatment
January 1998
Complete follow-up monitoring and .submit results to S ate1
July 1998
Stake designates water quality parameters
JSysbems tfid oont:nue to e=eed awon level begin iSy�ear lead servioe foe replacement program.
Ind Dui COPPer Fact Sheet
0
Regulatory Schedule for Medium -size Systems
(3,300 to <_50,000 people)
Date Activities (system activities denoted by }
May 1991
National Primary Drinking Wafer Regulations (NPDWRs) for lead and
copper promulgated
July 1992
Begin tap water monitoring
November 1992
Treatment technique requirements take effect
January 1993
Recommend optimal corrosion control treatmentl
January 1994
State requires system to conduct corrosion control studres2
July 1994
State designates optimal corrosion control treatment3
July 1995
.. Complete corrosion control studies and recommend treatment to State2
January 1996
State designates optimal corrosion control treatment for system
conducting treatment studies2
July 1996
Complete installation of corrosion control treatment3
July 1997
Complete fof>ow up monitoring and submit results to State3,4
-
January 1998
Complete installation of corrosion control treatment2
State designates water quality parameters3
January 1999
Complete follow-up monitoring and submit results to State2i4
July 1999
State designates water quality parameters2
1Aasumes system exceeds lead er copper aczon level during first meritoring period.-
�Wedam-sue systems mquinad to ooact comparative t vaArent =&)r_
='Medium -sits systems whrch S= specifies optimal treM ent without =6es.
`'-Systems fiat continue to exceed acton level begin 15 year lead service Una replacement prOgram.
_ I,eari arrd Capper Fact Sheen—I3
ss 4
CFI -pi uu" �-
y
Regulatory Schedule for Small Systems
(<39300 people)
Date Activities (system activities denoted by
May 1991
National Primary Ddnidng Water Regulations (NPDWRS) for lead and Y
copper promulgated
November 1992
Treatment technique requirements take effect
July 1993
Begin tap water monitoring
January 1994
Recommend optimal corrosion control treatment to State]
'January1995
State requires system to conduct corrosion control studies2
January "I M
State designates optimal corrosion control treatmenP
July 1996
Complete corrosion control studies and recommend treatment to State?
+~January 1997
State designates optimal corrosion control treatment 2
January 1998,
Complete installation of corrosion control treatment3
January 1999
Complete installation of corrosion control treatment?
Complete follow-up monitoring and submit results to State3,4
July 1999
State designates water quality parameters3
January 2000
Complete follow-up monitoring and :iubmits remits to State2,4
July 2000
State designates water quality pararneters2
tAssumes system exceads lead or capper action }eve{ during first monitoring period.
2Strtdll systems required to oonduct comparalve reatrWt suufies.
3Sna:l "Iems which Stara spec6es optirrW trestmrtt wriout s Aches.
4S'�, ttial continue to exceed n=n Lave! begin 1$-year lead se+vice rune replacement program.
` Copper Fa,-t street
. r
For More Information
EPA Region 1
Water Supply Branch _
JM Federal Building
Boston, MA 02203
(617)565-W10
Brae asassarrhus�,
MinO, 4V9ro Rhode
.._.- IQtmrdi�crrrtont .
EPAWon 2
Water Supply Branch
26 Federal Plaza
New York, NY 10278
(212) 264-1800 -
Nero JPtsey, New York, Puerto
Rico, Vogue Wands
EPA Region 3
Water Supply Branch
$41 Cbrestaut Street
Philadelphia, PA 19107
(215) 597.-8227
Delau re, MaryZwid.
Fe,-Oylva u Vrrgirur, West
Yzr Lnia, Distri°nf of Columbia _
EPA Region 4
Water Supply Brxmch
345 Courdand Street N.E.
Atlanta, GAS0365
(404) $47-2207
.Alabarnc, Florzdq Gaorgia.
ppi, North
C=oUna, South T'
EPA Mkewn 5
EPA Region 8
Water Supply Branch
Water Supply Branch
230 South Dearborn Street
One Denver Place
Chicago, IL 60604
99918th Stet, Saito 1300
(312) 353-2151
Denver, 00 80202.2413
(303) 293-1652
Indiana, a�'
Cbl ra Monftrra, North
Minnesota, Ohio, Wisoonsin
,
Dakott:, South Dakota, Utah,
EPARegiou 6
Water Supply Branch
1W Ross Avenue
Dallas, TK 7M202
(214) 655-7150
..11rliansas, Zouisiarrsa, l�''eto .
me dw, Oklahoma, Tests
EPABegioa 7
Water Supply Branch
726 Minnesota Avenue
Kansas City, KS 66101
(913) Ul 7032
burn, Sanwa, 3fi=um
Nebraska.
EPA Radon. 9
Water Supply Branch
215 Fremont Street
San Francisco, CA. 94105
(415) 974-0912
Arizona, QrEArria. Sari+aii,
Neoa&6 Amerzaars Samoa,
Guam, Trust Territories of
the Pact Sc
EPA Region 10
Water Supply Branch
1200 Sixth Avenue
Seattle, WA 98101
(206) S53-12`L3
Alaska, Idaho, Oregor4
Wcashingtan
11!I in,
wi Naw, qq% IN
EPA Safe Drinking Water Hotline
mil' 1-800-42fs-4791
Telex: 45-0895 AWWA DVFI
Cable: WATERINFO
FAX: (303) 794-7310
American Water Works Association 6666 West Quincy Avenue I Denver, CO 80235 1 (303) 794-771 1
TO: AWWA Small Water Systems
FROM: John B. Mannion, Executive Director
DATE: July 29, 1991
Notice of Significant Regulatory Action
The US Environmental Protection Agency published final regulations for lead and copper in
drinking water on June 7,1991. AWWA has developed the enclosed materials to fill you in on
the new rules
Enclosed you will find four item~:
L An outline explaining the new, regulations.
2. 'rabies that explain the regulations.
3. A guide that helps you assess the impact of the regulations on your utility and provides
additional sources of information.
4. General information that will help you handle questions from your customers or the media.
The final regulation will impact your utility and your customers. As always, be prepared to
answer questions from the media and public: as fully as possible.
Help Is on the Way
The new regulations for lead and copper are technically complex. This initial summary of the
rule is only the beginning. AWWA will be developing additional materials and is planning
future programs to help systems understand and comply with the new rules.
President: J. EDWARD SINGLET. Ph.D., G,iinerwille, Florida
President -Elect: FOSTER 3 BURBA, Louisville Kentucky
Vice -President: ROBERT H REINERT. Mahwah. New Jersey
immediate Past -President FREDERICK H. 1-LWELL, Cambridoe. Massachusetts
T.,easurer. A.E. BECHER JR., Wausau, Wis,corsun
Executive [''hector: JOHN 13 MANNICN, Denver. Colorado
USEPA Lead and 1
Copper Regulations �
On June 7, 1991, the US Environmental Protection Agency (USEPA) published in the Federal
Register final national primary drinking water regulations for lead and copper. The new rule
replaces the existing interim maximum contaminant level (MCL) for lead with a treatment
technique requirement, if lead is found to be a problem in your water system.
USEPA's total regulatory package includes:
• Maximum contaminant level goals (MCLGs) for lead and copper.
• Treatment technique requirements for lead that include:
— optimal corrosion control treatment,
--source water treatment,
-- public education, and
— lead service line replace=.vent.
• Treatment technique requirements for copper that include:
-- optimal corrosion control treatment, and
source water treatment.
• Monitoring requirements for lead, copper, and other constituents.
• Analytical methods and laboratory certification requirements (not included in this mailing)..
• Public notification requirements.
• System record keeping andreporting requirements.
• Variances and exemptions.
• Compliance schedules base:�d on system size (this alert has been written for small water
systems only).
The following summarizes the final requirements:
I. MCLGs (Recommended Goals)
1. Table 1 (all tables appe„3r in part 2 of this alert) lists the MCLGs, action levels, health effects,
and sources of lead and copper in drinking water.
2. MCI:-(;s are nonenf.)rct•able health -based target^,.
II. Tap Water Monitoring for Lead and Copper
1. Monitoring for lead and copper is required every six months.
2. Starting dates for monitoring are:
July 1993 Small systems (<_3,300 custorners [population served]
or connections)
connections)
3. Tap water samplesare re required from the following high -risk locations:
• hornes with lead sol+.ler installed after 1982,
homes with lead pipes, and
homes with lead scr.,ice lines.
s
4. First -draw tap water samples are required. Water must be allowed to stand motionless in
plumbing pipes for at least six hours before sample collection. One -litre samples are required,
taken from the cold -water kitchen or bathroom tap.
5. System personnel* must verify to the Statet that each first -draw sample collected by the water
system is one litre in volume and, to the best of their knowledge, has stood motionless in the
service line or in the interior plumbing of a sampling site for at least six hours.
6. Personnel may collect samples or enlist residents to collect samples. Residents fill the container
supplied by the water system according to directions and leave the container for the personnel
to pick up and process.
7. When residents collect samples, you must verify that each tap sample collected by a resident
was taken after proper sampling procedures were demonstrated by personnel. Do not put
nitric acid preservative in sample bottles supplied to homeowners. If the sample is processed
within 14 days, no preservative is required. If necessary, nitric acid can be added to the sample
in the. laboratory.
S. All public water systems are required to collect one sample for lead and copper analysis from
the number of sites listed in Table 2 during each six-month monitoring period (starting date
no later than July 1993).
9. Sampling for lead and copper is not required during State review of treatment, corrosion
control evaluations, or, installation of corrosion control or source water treatment (unless
required by the State).
10 All public water systems that meet the lead and copper action levels or maintain optimal
corrosion control treatment for two consecutive six-month monitoring periods may reduce
the number of tap water sampling sites (see Table 2) and their collection frequency to once
per year.
11. All public water systems that meet the lead and copper action levels or maintain optimal
corrosion control treatment for three consecutive years may reduce the tap water sampling
sites (see Table 2) and their collection frequency to once every three years.
12. The monitoring schedule for lead and copper is summarized in Table 3.
III. Action Levels
1. Treatment technique requirements are triggered when the samples exceed a lead action level of
0.015 mg/L or a copper action level of 1.3 mg/L, measured in the 90th percentile at the
customer's tap.
2. The 90th-percentile lead and copper levels are explained in Table 4.
IV. Corrosion Control Treatment
1. Systems must collect tap water samples for lead and copper from high -risk homes
(see 11, item 3 above). If analysis shows lead levels less than 0.015 mg/L and copper levels less
than 1.3 mg/L, proceed to N , item 6.
2. Small water systems (<3,300) are considered to have optimized corrosion control if the system
meets the lead and capper action levels during each of two consecutive six-month monitoring
periods. Systems that exceed the lead or copper action level (see 11I, item 1) are required to first
submit a recommendation for optimal corrosion control treatment to the State. The State will
either approve the recommended treatment or require the installation of an alternative
treatment. fhe State ina,,, as an alternative, require small water systems to conduct corrosion
control treatment studio"'.
3. Corrosion control shtdics must compare the effe(tiveness of pH and alkalinity adjustment,
calcium adjustment, anal addition of phosphate c,r silica -based corrosion inhibitor. Studies
must he based on pile r1g/loop tests, metal coupon tests, partial -system tests, or documented
anal� !,ous treatment (Consulting engineering services are recommended.)
4. States either approve a system's recommendation or designate an alternative treatment as
opti l-U 1.
5. Systems have 24 months to install the recornmen� led corrosion control treatment specified by
the State and 12 additional months to collect follow-up samples.
System personnel" or ' personnel" iet,21s to the pen on(s) in responsible charge of the water system
t"State" refers to state drinking water rek:ulators,
To determine corrosion control guidelines, the State will set values for the following:
• pH;
• alkalinity;
• calcium, when carbonate stabilization is used;
• orthophosphate, when an inhibitor with a phosphate compound is used; and
• silica, when an inhibitor with a silicate compound is used.
Systems must operate within the water quality limits established by the State.
V. Source Water Treatment
1. All public water systems that exceed the tap water lead or copper action level (see 1II, item 1)
must collect source water samples and submit the data with a treatment recommendation to
the State.
2. States may specify one of the following treatments or an alternative treatment at least as
effective for the system to install: (1) ion exchange, (2) reverse osmosis, (3) lime softening,
or (4) coagulation/filtration.
3. Systems will have 24 months to install source water treatment specified by the State and
12 months after treatment installation to collect follow-up source water samples.
4. States will review follow-up source water monitoring results and assign maximum
permissible lead and copper concentrations in source water entering the distribution system.
5. All water in the distribution system may not exceed the maximum permissible lead and
copper concentrations established by the. State
6. After treatment is installed or the State determines that no treatment is necessary, a 3- or 6- or
9-year monitoring cycle for source water will be assigned by the State.
VI. Public Education
1. All public water systems exceeding the lead action level must deliver the USEPA-developed
public education program to their customers within 60 days. See Table 5. The public
education program must be continued as long as the system exceeds the lead action level.
2. The public education program informs the public about the adverse health effects of lead
and explains the steps people can take in their homes to reduce their exposure to lead in
drinking water (i.e., flushing the tap, cooking with cold water rather than hot, checking for
lead solder in new plumbing, and testing their water for lead).
3. Systems that do not meet the lead action level 'must offer to sample the tap water of any
customer who requests it. Systems are not required to actually collect and analyze the sample
or pay for sample collection or analysis. Sample collection and analysis may be at the
customer's expense.
VIL Lead Service Line Replacement
1. All public water systems that continue to exceed the lead action level of 0.015 mg/L after
installing optimal corrosion control treatment (see IV) and source water treatment (see Il)
must replace those lead service lines* that cause this problem at the tap.
2. A water sample to determine the lead content caused by the service line needs to be taken by
tapping directly into the service line, sampling at the tap after flushing the volume of water
between the tap and the service line, or, in single-family residences, allowing the water to run
until a significant drop in temperature indicates that the water comes from the service line:
and not from house plumbing.
3. A vstem must replace 7 percent of its lead lines each year or demonstrate that the lines not
replaced contribute less than 0.015 mg/L of lead to drinking water at the tap.
4. The entire lead se:rvicc, line must be replaced unless it can be demonstrated that the system
does not control the entire line. Systems must offer to replace the owner's portion of the service
line at the owner's expense.
5. A ,vstem that exceeds the lead action level after installing optimal corrosion control treatment
an,J source water treaime>nt has 15 years to replace all lead service lines, unless a shorter time
period is specified by the State.
—Service line" refers to the Lonne,tion between the main and the bui,&T)}' inlet.
V III. Water Quality Monitoring (Other Than Lead and Copper)
1. Small systems that exceed the lead or copper action level are required to monitor water
quality for
• PI 1;
• alkalinity;
• calcium;
• conductivity;
• orthophosphate, when an inhibitor containing phosphate is used;
• silica, when an inhibitor containing silica is used; and
• water temperature.
2. This monitoring is used to identify optimal treatment, and after treatment is installed,
to determine whether a system remains in compliance with the rule.
3. Systems are required to maintain water quality within State -specified ranges.
4. Systems will have to monitor water quality at di fferent locations:
• representative taps throughout the distribution system (systems can use total
coliform sampling sites) and
• entry paints to the distribution system.
5. Those small systems (-_; ,300) that exceed the lead or copper action level must collect two
tap rrnples to test for all items listed in VIII, item 1, according to Table 6, during each
six-month monitoring, period.
6. 'rhos(, small systems that exceed the lead or copper action level must collect one sample for
each item listed in VI ll, item 1, at each entry point to the distribution system every two weeks
7. "Chose small systems that exceed the lead or copper action level after installing optimal
corrosion control tre,+trrrent must continue to collect
• two samples for ezich applicable water quality constituent (VIII, item 1) at each of the
sampling sites specified above (VIII, item 4) every six months and
• one sample for each applicable water quality constituent (VIII, item 1) at each entry
point to the distribution system every two wet,ks.
8. All water systems th,'it nmaintain State -specified water quality reflecting optimal corrosion
control for two consecutive six-month monitorin., periods may reduce the number of tap
saml h� s collected (see `l-Oble 6) during future six-month monitoring periods.
9. All water systems that maintain State -specified eater quality reflecting optimal corrosion
control for three consecutive years rnav reduce the ,lumber of tap samples collected
(see "fable 6) and the frec{uency with which they i>rc collected to once per year.
10. The in:mitoring z�cheLlul,.,, for water duality other than lead and copper is summarized in
Table
IX. Analytical Methods and Laboratory Certification
1. Confirm laboratory State certification and approval before submitting samples.
2. Laboratories are not required to be certified to test for pH, water temperature, calcium,
orthophosphate, silica, alkalinity, or conductivity.
K. Public Notification
1. The general public notification requirements apply to this rule. Public notification
requirements are full' explained in Public Notification --A Working Explanation o' the Public
N'otificrtion Regulation Ruh. Available from the American Water Works Association --order
No. 70056--at a cost of S3.50.
2. The rule specifies mandatory health effects language to be used to notify the public of
violah_ms.
3. Tier i notification is recli-rred for violations of the treatment technique requirements and
failures to comply with deadlines.
4. Failur-, to meet action levels is not a violation and de>es not initiate public notification, but
does initiate public edur,!tron
5. Failur2 10 compl' Wit 1) Icvting procedures and imonitoring requirements are Tier 2 violations.
6. Violat<()ns o• rep(Frtinh, rc,juircments do not require, Public: notification.
XL Record Keeping and Reporting
1. Systems must retain original records of all sampling data and analyses, reports, surveys,
letters, evaluations, schedules, State determinations, and any other information required
by the rule for at least 12 years.
2. Separate reports are required for each of the following:
• tap water monitoring for lead and copper, and other water quality monitoring;
• source water monitoring;
• corrosion control treatment;
• source water treatment;
• lead service line replacement; and
• public education program.
XII. Variances and Exemptions
1. Variances from treatment technique requirements may be granted if a system can demonstrate
that it is lead-free.
2. Exemptions are allowed that extend deadlines for compliance if the water system is unable
to comply because of compelling factors (including economic), the exemption will not cause
an unreasonable risk to health, and no reasonable alternative source of drinking water is
available.
3. Variances and exemptions, which must be approved by the State, will include a compliance
schedule and State -specified requirements to ensure that an unreasonable risk to health does
not exist.
XIII. Compliance Schedule
1. The compliance schedule for small systems is summarized in Table 8.
2. Monitoring is the first requirement. Monitoring results determine additional actions by
the system..
American Water Works Asso:: Ation 1 6666 West Quincy Ajenue 1 Denver, CO 80235 1 (303) 794-7 711
USEPA Lead and
Copper Regulation
Tables
Table 1—MCLGs, Action Levels, Health Effects, and Sources of Lead and Copper
MC L.G
Contaminant (mg/L)
Action
Level
(mg/L)"
Low -Level Health Effects
Sources in Drinking Water
Lend Zero
0.015
Children:
Corrosion of lead solder and brass
Altered physical and mental
faucets and fixtures; lead service lines
development; interference
(about 20% of public water systems)
with growth; deficits in IQ,
attention span, and hearing
Source water (about 170 of systems)
interference with herne s✓nthesis
Women:
Increased blood pressure shorter
gestational ',',period
Men
Increased blood pressure
Copper 1 3
1.3
Stomach and intestinal distress;
Corrosion of interior household and
Wilson's disease
building pipes
Source water (about 1 % of systems)
'Measured in the IXOth percentile (see Table 4) at the consumer's tap
Table 2—Tap Sampling Requirements for Lead and Copper
System Size No. of Sampling Sites No. of Sampling Sites"
(Population) (Base Monitoring) (Reduced Monitoring)
3,3t11 to 10,ix)0 40 20
501 to 3,300 20 10
101 to 500 10 5
<100 5 5
NOT[. Systems arc not required to conduct �arnpling (unless required by the,tate) during State review of treatment, corrosion control
ev;lluations, or installation of corrosion control or source water treatment.
'Reduced monitoring may be allowed it certain conditions are met. Otherwise, base monitoring is required.
Table 3—Lead and Copper Monitoring Schedule
Monitoring Period Parameters Location Frequency
Initial monitoring Le,id and copper Targeted high risk; Every six months*
interior taps
After installation Le,id and copper
Targeted high risk;
Two consecutive six-month
of corrosion control
interior taps
monitoring periods
After state specifies Lead and copper
Targeted high risk;
Two consecutive six-month
parameter values for
interior taps
monitoring periodst
optimal corrosion control
Reduced monitoring Lead and copper Targeted high risk; Once every year$
interior taps
Lead and copper Targeted high risk; Once every three years
interior taps
`Small systems collect tap water sample for lead and copper until they exceel the lead or copper action level and are triggered into
the treatment technique requirement.
(systems meeting the lead and copper action level or maintaining optimal corrosion control treatment specified by the State for two
consecutive six-month monitoring periods may reduce tap water sampling to once per year and collect the reduced number of samp�es
indicated in Table 2.
kSystems meeting the lead and copper a, tior level or maintaining optimal cot rosion control treatment specified by the State for three
consecutive vears may reduce tap water sampling to once every three years and collect the reduced number of samples indicated in
Table 2
Table 4—Haw to Compute the 90th Percentile Level
I. Place results of all lead or copper samples taken during a six-month monitoring period in ascending order from tho
sample with the lowest concentration to the sample with the highest concentration.
Give each sample a number, beginning with the number 1 for the sample with the lowest level, and going on to tht
samples with higher levels.
The number assigned to the sample with the highest concentration must be equal to the total number of samples
taken.
1- Multiply the total number of samples taken by 0.1t.
The concentration in the numbered sample yielded by the calculation in step 4 is the 90th-percentile level.
n For water systems serving fewer than 100 people that collect five samples per monitoring period, the 90th percentile
is computed by taking the average of the highest and second highest concentrations.
Nam- An example & how to compute the 90th percentile level is given on the next page
Example Table for Computing the 90th Percentile Level
To compute the 90th percentile level for a system with a population between 501 and 3,300:
Step 1. 20 samples have been taken (see Table 2). Assume the lab showed the following results:
8 samples at 0.11(15 mg/L — Lowest level
3 samples at 0.01.7 mg/L
9 samples at 0.040 mg/L _ Highest level
Steps 2 & 3.
Make a table as follows:
In our example:
Sample No. 1 _ (fill in your lowest level)
No. 1
OD05 ---
No. 2 _ _ __-
No. 2
0.005
No. 3
No, 3
0.005
No- 4
No. 4
0.005 Lowest 8
No. 5
No. 5
0.005
No. 6
No. 6
0.005
No. 7
No. 7
0.005
No. 8
No. 8
0.005
No. 9 - __-_-
No. 9
0,015No
10
No.10
0.015
No.11
No.11
INext3
0.015 _
No 12 _ - _..__
No. 12
0.040
No 13 _
No. 13
0.040
No 14 _
No. 14
0.040
No 15 _. .
No. 15
0.040
No 16 __...
No. 16
0.040 Highest 9
No. 17 _
No. 17
0.040
No 18
No. 18
0.040
No 19
No. 19
0.0441
No 20 _ (fill in your highest level}
No. 20
0.040 —
Step 4.
Multiply the total number of samples by 0.9: 20 x 0.9 ==18.
Step 5.
In the example, the Stith percentile level will be the sample No.
18; the level
is 0.040 mg/L.
Table 5—Pu.blic Education Program. Requirements
Actions Required
System Condition Within 60 Days Repeat Frequency
Community Fails to meet lead I . Insert notices comtiming
systems action level' all of the mandatory
written language ,and
mandatory alert language
in each customer', water
utility bill
2. Submit all of the mandatory
written language io major
dailt and weekly iewspapers
i. Deliver pamphlet,• and/or
brochures containing the
mandatory written language
on the health effec ra of lead
and "tops that can he taken
if,, tho home to reduce exposure
to lead in drinkimy water to
the h7lIk)wing
• I, iblic schools and/or
local school ho,+rds
Every 12 months as long as lead
action level is exceeded
Every 12 months as long as lead
action level is exceeded
Every 12 months as long as lead
action level is exceeded
N'mi See Part 4 of this alert, Communicating With the Media and the Puhlic, !,,i the mandatory language and public service
announcement.
k water system tailing to meet the lead .icti<m level must offer to sample the I vater of any customer who requests it. The system is
not required to pay for collecting or analyzing thy• sample, nor is the system itself rrxluired to collect and analyze the sample.
Table eowitmed next pate
Table 5—continued
Actions Required
System Condition Within 60 Days Repeat Frequency
Nontransient
mmcornmunity
system
Meets the lead
action level dur;m5
the most recem
six month momtonng
period
Fails to meet lead
action lee el*
Meets the lead
action level during
the most recent
six-month monitoring
period
• city or count_ health
department
• women, infants, and
children, and for
Head Start pr.)gram(s)
whenever avoilable
• public and prvate
hospitals and 'or
clinics
• pediatricians
• family planning clinics
• local welfare.igencies
4. Submit the rnand.ttory
public service announce-
ment to at least fi.,e of
the radio and television
stations with the argent
audiences that broadcast
to the communitti >crved
No actions required
Deliver education materials
containing the mandatory
written language on
background inform;ttion,
health effects of lead,
and steps that can r e
taken in the home to 7
reduce exposure to Iead
in drinking water by
• placing informational posters
in a public place c r t ommon
area in each oIf the buildings
served by the syst -in
• distributing inforr rational
pamphlets and/or hmchures
on lead in drinkin ; bv,ater to
each person serve, I by the
system
No actions required
Every six months as long as lead
action level is exceeded
No actions required
At least once each calendar vear
that the system exceeds the lead
action level
No actions required
N, )ii See Part 4 of this alert. Commu11R.IinIg With the Media and the PrlHhc t,�,i flit, mandatory language and public 1ervire
announcement.
* a water system fatlmg to meet the lead ,i,tio, i level mutit offer to sample the ttp :, iter of an cu�tomer who rexlucsts it. i'll0 system is
not required to pav for illectin4 or an.lvzim; th, sample, nor is the, system itself required to collect and analvze the sample.
Table 6—Tap Sampling Requirements for Water Quality
(Other Than Lead and Copper)
System Size No. of Sampling Sites No. of Sampling Sites*
(Population) (Base Monitoring) (Reduced Monitoring)
3,301 to 10,000
501 to 3,300
1. M to `500
<l0( i
N(m: Systems are not required to conduct sampling (unless required by the State) during State review of treatment, corrosion control
evaluations, or installation of corrosion control or source water treatment.
*Reduced monitoring may be allowed if certain conditions are met. Otherwise, base monitoring is required.
Table 7—Water Quality Monitoring Schedule (Other Than Lead and Copper)
Monitoring Period Parameters* Location Frequency
Initial monitoring
After installation
of corrosion control
After state specifies
parameter values for
optimal corrosion control
pH, alkalinity,
orthophosphate or
silicat, calcium,
conductivity,
temperature
I H_Jkalinity,
ort hophosphate or
silicat, calcium$
PH, Akalinity dosage
rat(' and concentration
(it alkalinity adjusted
&, part of corrosion
control), inhibitor
dosage rate and
irhbitor residual§
pl-i „akalinity,
orthophosphate or
silicat, calcium(
pH alkalinity dosage
rate and concentration
(it Ikalinity adjusted
as Dart of corrosion
control), inhibitor
do+age rite and
inhibitor residual§
laps and at entry point(s)
to distribution system
`I a ps
Fntry point(s) to
distribution system
laps
f ntry point(s) to
distribution system
Every six months
Every six months
Biweekly
Every six months
Biweekly
'Small s'stems hate to monitor for water, luality parameters only during monitoring penods in which the system exceeds the lead or
copper action level.
tOrthophosphate must be measured cml, Own m inhibitor containing; a phosphate com}x>und is used. Silica must be measured only
when an inhibitor contamin}; silicate compound is used
t,Caleium must be measured only when, a cium carbonate stabilization is used as part of corrosion control.
§Inhibitor dosagr rates and inhibitor re ideal concentrations Eorthophosphatc or silica) must be measured only when an inhibitor is
u"ed
"Systems ma int.,irling optimal ,orrosior rrtroI treatment specified by the Suite for two consecutive six-month monitonng periods
may reduce tap water aamphrig of �,ater yu,il ty paouneters to once per year aiid collect the reduced number of samplrs indicated in
Table 6.
tiSystems maintaining; optimal E orro ioii , ontml treatment specified by thr State for three consecutive vears may induce tap w rter
s,impling of water parameters to once every H r(V wars and collect the reduces number of samples indicated in Table o.
Table continued next page
Assessing the Impact
of the Regulations
The USEPA lead and copper regulations will affect every water system. The impact will vary
depending on water source, materials used in the distribution system and household plumbing,
age of the system, and the quality of the water being sensed to the consumers. The following
points should be considered as you assess the impact of the new regulations on your utility.
I. Source Water
• iDoes your existing water quality data indicate high lead levels in the source water?
• If the source water contains lead, can existing treatment be modified, should additional
treatment facilities be constructed, or would a new source have to be developed?
II. Monitoring and Treatment Technique Requirements
• Do you currently monitor for lead and copper?
• Does existing monitoring data indicate compliance with the "action" levels?
• How will the sampling pool of high -risk homes be selected? What information is needed
to make the: selection (b..iilding records, material identification, etc)?
• Will there he problems ;y,aining access to private homes for sampling? Should residents
be enlisted to collect sariples?
• What type of treatment studies will be needed?
• Will raising the pH achiove lead or copper reductions? Will it cause other problems such
as tastes and odors or increased formation of deposits within the system?
• Hov, would a public education program be developed and implemented? Can this be
clone by present staff or would it have to be done by individuals outside of the utility?
• Is the utility laboratory capable of conducting all the analyses or will a contract
laboratory be needed?
• If samples have to be sh.pped, does the one -litre sample size create problems?
• Will additional staff have to be hired and/or trained to do the required sampling?
III. Costs —How much will costs increase as a result of the following?
• Monitoring of source waiter.
• ']reatrent necessary to optimize corrosion control.
• Monitoring at the tap for lead, copper, and other corrosion control limits.
• Development of a treatment plan for compliance with the "action" levels.
• Development and impic nientation of a public education program.
IV. Other Information Sources
10
Information regarding AWWA technical publications related to lead, copper, and corrosion
control can be obtained by calling Phil Carter, AWWA Water Quality Engineer, (303) 794-7711,
Ext. 2300.
Additional information about the lead rule can be obtained by contacting your USEPA regional
office or the Safe Drinking Water Act Hotline, 1-(800) 426-4791, or by contacting:
Jeff Cohen
Office of Ground Water and Drinking Water
USE 1'A
401 M Street, SW
Washington, DC 20460
(202)382-5456
A bibliography of studies or) lead, copper, and corrosion control can be obtained by calling the
AWWA Information Services Department, (303) 794-7711, Ext. 4301.
Information regarding U'SEPA research and studies related to lead, copper, and corrosion control
can be obtained by contacting:
Michael Schock
Drinking Water Research Division
USE I'r'1
26 W. Martin Luther king Drive
Cincinnati, OH 4526�,
(51.3)'S69-7412
Information regarding AWWA Research Foundation studies related to lead, copper, and corrosion
control can be obtained by calling Elizabeth Kawczynski, (303) 794-7711, Ext. 6008.
American Water Works Ass(.)Ci-tion 666F) Wr st Quincy i,v�,nne Denver. �.0 3F,'35 3�
Communicating
With the Media
and the Public
When new regulations are passed, questions are often raised about drinking water quality.
Because the effect of pollution on public health is a major concern today, issues of drinking water
safety attract attention from both the media and the public. You may have already been contacted
by the media and the public about the quality of your system's water.
As a provider of drinking water, your responsibility involves not only supplying safe water to
consumers, but also communicating the facts about water quality and the effect on public health.
If you exceed the new lead and copper rule requirements, provisions need to be made for a
mandatory public education program, summarized in Table 5. Information that you provide to
customers must be consistent with USEPA-developed mandatory language.
Anticipate questions and develop responses that fit your situation. The USEPA-specified
language is provided below to help you in developing your responses.
1. Mandatory Public Education
If your system exceeds they lead action level based on tap water samples, you must deliver
public information materials specified in the rule. If a significant proportion of the
population in your community speaks a language other than English, public education
materials must be developed in the appropriate languages. Public education program
requirements are summarized in Table 5.
II. Mandatory Alert Language
Community water systems that fail to meet the lead action level must print the following
alert on each water bill i n large print issued within W days:
SOME HOMES IN TIIIS COMMUNITY HAVE ELEVATED LEAD LEVELS
IN THEIR DRINKIN(; WATER. LEAD CAN POSE A SIGNIFICANT RISK
TO YOUR HEALTIi PLEASE READ THE ENCLOSED NOTICE FOR
FURTHER INFORM,nON.
A notice or bill stuffer with mandatory written language (see section III below) must he sent
with each bill.
1I1. Mandatory Written Language
The following text must be included in all printed materials distributed. Any additional
information that is presented must be consistent with the information below and be in plaint
English that can be understood by laypersons. USEP.A plans to develop preprinted
brochures with the following language, or utilities can develop their own materials.
1. Introduction
The United States Environmental Protection Agency (EPA) and [insert name of water supplier
are concerned about lead in your drinking water. Although most homes have very low
levels of lead in their drinking water, some homes in the community have lead levels above
the EPA action level of 15 parts per billion (ppb), or 0.015 milligrams of lead per liter of
water (mg/L). Under Federal law we are required to have a program in place to minimize
lead in your drinking water by [insert date when corrosion control will be completed for your
system]. This program includes corrosion control treatment, source water treatment, and
public education. We are also required to replace each lead service line that we control if the
line contributes to lead concentrations of 15 ppb or more after we have completed the
comprehensive treatment program. If you have any questions about how, we are carrying
out the requirements of the lead regulation, please give us a call at [insert water systern's
phone number]. This brochure explains the simple steps you can take to protect you and your
family by reducing your exposure to lead in drinking:; water.
2. Health Effects of Lead
Lead is a common, natural, and often useful metal found throughout the environment in
lead -based paint, air, soil, household dust, food, certain types of pottery porcelain and
pewter, and water. Lead can pose a significant risk to your health if too much of it enters
your bodv Lead builds up in the body over many years and can cause damage to the brain,
red blood cells, and kidneys. The greatest risk is to young children and pregnant women.
Amounts of lead that won't hurt adults can slow doi%,n normal mental and physical
development of growing bodies. In addition, a child .at play often comes into contact with
sources of lead contaminatic ri—like dirt and dust —that rarely affect an adult. It is
important to wash children's hands and toys often, and to try to make sure they only put
food in their mouths
3. Lead in Drinking; Water
(i) Lead in drinking water, although rarely the sole cause of lead poisoning, can significantly
increase a person's total lead exposure, particularly the exposure of infants who drink
baby formulas and concentrated juices that are mixed with water. The EPA estimates that
drinking water can makfr up 20 percent or more of a person's total exposure to lead.
(ii) Lead is unusual among drinking water contaminants in that it seldom occurs naturally
in water supplie,, like riv ers and lakes. Lead enters drinking water primarily as a result
of the corrosion, or wearing away, of materials containing lead in the water distribution
system and household plumbing. These material, include lead -based solder used to joir
copper pipe, brass and chrome plated brass faucets, and in some. cases, pipes made of lead
that connect You r house to the water main (service lines). In 1986, Congress banned the
use of lead ;older containing greeter than 0.21�� lead and restricted the lead content of
faucet-, pipes, ar d other plumbing materials to 8 0 ( .
(iii) When water stand, in lead pipes or plumbing systems containing lead for several 'hours
or more, the lead ma,, dt ,-;solYe into your drinking ha'ater. This means the first water drawn
from the tap in the morning or later in the afternnon after returning from work or school
L.. contain fairly high ?le eels of lead.
Step,, You ( can Take i; it e Homc to ROILIce E:xpo,urc to Lead in Drinking Water
(i) Despite our best eflorts mentioned earlier to control water corrosivity and remove lead
from the water supply, i(ad levels in some homes or buildings can be high. To find out
whether you need to take action in your own home, have your drinking water tested to
determine if it contains excessive concentrations of lead. Testing the water is essential
because you cannot see; taste, or smell lead in drinking water. Some local laboratories that
can provide this information are listed at the end of this booklet. For more information on
having your water tested, please call [insert phone number of water system].
(ii) If a water test indicates that the drinking water drawn from a tap in your home contains
lead above 15 ppb, then you should take the following precautions:
(A) Let the water run from the tap before using it for drinking or cooking any time
the water in a faucet has gone unused for more than six hours. The longer water
resides in your home's plumbing the more lead it may contain. Flushing the tap
means running the cold water faucet until the water gets noticeably colder, usually
about 15-30 seconds. If your house has a lead service line to the water main, you
may have to flush the water for a longer time, perhaps one minute, before drinking.
Although toilet flushing or showering flushes water through a portion of your home's
plumbing system, you still need to flush the water in each faucet before using it for
drinking or cooking. Flushing tap water is a simple and inexpensive measure you can
take to protect your family's health. It usua lly uses less than one or two gallons of
water and costs less than [insert a cost estimate based on flushing two times a day for
30 da,ts] per month. To conserve water, fill it couple of bottles for drinking water after
flushing the tap, and whenever possible use the first -flush water to wash the dishes
or water the plants. If you live in a high-rise building, letting the water flow before
using it may not work to lessen your risk frorn lead. The plumbing systems have more
and sometimes larger pipes than smaller buildings. Ask your landlord for help in
locating the sources of the lead and for advice on reducing the lead level.
(B) Try not to cork with or drink water from the hot water tap. Hot water can
dissolve more lead more quickly than cold water. If you need hot water, draw water
from the cold tap and heat it on the stove.
(C) [remove loost, lead solder and debris from the plumbing materials installed in
newh, constructed homes or homes in which the plumbing has recently been replaced
by removing the faucet strainers from all taps and running the water for 3 to 5 minutes.
Thereafter, periodically remove the strainers and flush out any debris that has
accumulated over time.
(I:)) If your copper pipes are joined with lead solder that has been installed illegally
since it was banned in 1486, notify the plumber who did the work and request that he
or she replace the lead :,older with lead-free solder. Lead solder looks dull gray, and
when scratched 1vith a key looks shiny. In addition, notify your State [insert name if
department respon,;i�ld for enforcing the Safe I7rinkin� Water ,-act in your Statel about
the violation.
(1-) )eterminc whether or not the service line that connects your home or apartment to
the wRiter main is made of lead. The best way to determine if vour service: line is made
of lead is by either hiring a licensed plumber to inspect the line or by contacting the
plumbing contractor who installed the line. 'You can identify the plumbing contractor
by checkimr; the cii,,'s record of building permits, which should be maintained in the files
of the [insert narrre of deparhnent that issues birihlbi,> perrnitsj. A licensed plumber can
at the same time check to see if your home's plumbing contains lead solder, lead pipes,
or pipe fittings th+at contain lead. The public water system that delivers water to vour
home should also maintain records of the aataterials located in the distribution system.
It the service line that connects your dwelling to the water main contributes more than
15 ppi) to drinkin;., water, after our comprehi,:�w eve treatment program is in place, ewe are
required to replace the line. If the line is only Martially controlled by the l insert oan+e of
tlu, city. corrrtty, : r r, atcr -;ys!on that controls tlic 4?iel, we are required to provide you
with information r.rn how to replace your portion of the service line, and offer to replace
that p:.artion of i'ne line at v our expense and take o follow -rep tap tiviter sample within
14 days of the n pl,.icement. Acceptable rep] 10'111Cnt olternati� e, include copper, steel,
iron, and piasti( pi�.)es.
(F) 1lave 1n eieotrician check your wiring. It grounding wires from the electrical
,vsterl are ,atta( held to vour pipes, corrosion naav be greater. Check with a licensed
electrician or vour Ioral electrical code to determine if vour wiring can be grounded
olwwllere. )O '`J(:) F attempt to change the wiring yourself, bec w e improper gromiding
.,an cause C�Cdre�bi shock and fire hazards.
(iii) The steps described above will reduce the lead concentrations in your drinking water.
However, if a water test indicates that the drinking water coming from your tap contains lead
concentrations in excess of 15 ppb after flushing or after we have completed our actions to
minimize lead levels, then you may want to take the following additional measures:
(A) Purchase or lease a home treatment device. Home treatment devices are limited in
that each unit treats only the water that flows from the faucet to which it is connected,
and all of the devices require periodic maintenance and replacement. Devices such as
reverse osmosis systems or distillers can effectively remove lead from your drinking
water. Some activated carbon filters may reduce lead levels at the tap, however, all lead
reduction claims should be investigated. Be sure to check the actual performance of a
specific home treatment device before and after installing the unit.
(B) Purchase bottled water for drinking and cooking.
(iv) You can consult a variety of sources for additional information. Your family doctor or
pediatrician can perform a blood test for lead and provide you with information about the
health effects of lead. State and local government agencies that can be contacted include:
(A) [Insert the name of city or county department of public utilities] at [insert phone
number] can provide you with information about your community's water supply and
a list of local laboratories that have been certified by EPA for testing water quality;
(B) [Insert the narne of city or county department that issues building permits] at [insert
phone number] can provide you with information about building permit records that
should contain the names of plumbing contractors that plumbed your home; and
(C) [Insert the name of the state department of public health] at [insert phone number] or the
insert the name o f the city or county health department] at [insert phone number] can provide
you with information about the health effects of lead and how you can have your
child's blood testc,d.
(v) The tollowing is a list of some State -approved laboratories in your area that you can
call to have your water tested for lead. [Insert names and phone numbers of at least two
laboratorio,.l
IV. Mandatory Public Service Announcement Language
The following information must be included in all public service announcements submitted
to television and radio stations.
0 I Why should everyone want to know the facts about lead and drinking water? Because
unhealthy amounts (A lead can enter drinking water through the plumbing in your home.
That's why I urge you to do what I did. I had my water tested for [insert free or $ per
sample]. You can contact the [insert the name of thr city or water system] for information on
testing and on simple tiro,ays to reduce your exposure to lead in drinking water.
(2) To have your water tested for lead or to get more information about this public health
concern, please call [insert the phone number of the city or water system].
American VVate° Works Associatiori 66e5 West Quincy Avenue I Denver. CO 80235 1 (303) 7'14-"11
Surface Water Rule
A Working Explanation of the
Surface Water Treatment Rule
Safe Drinking Water .Act Series
4\\ American Water Works Association
Copyright 1990
American Water Works Association
6666 West Quincy Are
Denver, CO 8021:
Printed in USA G)
ISBN 0-89867-5 19. 1- 'riniecl on recycled paper
Introduction
The enactment of the federal Safe Drinking Water Act (SDWA) in 1974 signaled the
beginning of a new era for owners, managers, and operators of public water systems. The
catalyst for p<rssage of the SDWA was the discovery of a variety of organic contaminants
in the water supplied by drinking water systems throughout the United States. For the first
tune, Congress authorized the federal government to establish national drinking water
regulations. These regulations set nraximurn po.miissible levels for certain contaminants in
drinking watf°r and established mon torin g regUiremeits.
As result of the SDWA, more is now known at -)out the duality of drinking water in
the United States than ever before. Although them- i� a high level of compliance with the
vH aterduality standards, there is still a grew deal of paWic concern about unregulated organic
o.,)ntamin,ant5. ';his concern, together with the treyliei�l contamination of groundwater from
industrial sort rents and pesticides, spawned an interest in substantially revising the original
act. The SFAV,A Amendments of 1086 were the rcsuit. Many new regulations have been
developed based rn these amendmei)ts.
The American M,I'ater Work; Association'. �DWA series provide>. detailed yet
simplified e planation�, of the finallzed SDWA regulations. Each publication in the series
is intended to b�.� used in conjunction xith SDWA seminars and workshops or as a
stand-alone item. A seminar workbook is available separately.
More detailed information about each of the re.Tulattions can be obtained "rom AWWA.
i i i
Surface Water Treatment Rule
The Sur 'ace Water Treatment Rule (SWTR), which was finalized June 29, 1989, covers
all public: waver systems using surface water and groundwater under the direct influence of
surface water. The rule becomes effective Dec. 30, 1990. In simplest terms, it stipulates two
things.. First, all surface waters* must be disinfected„ second, all surface waters must be
filtered unless certain stringent water quality source requirements, disinfection, and site -
specific; conditions arty met. Monitoring requirements differ depending on whether the
system does or does not perform filtration.
The. SVITTR establishes the triwatment techntq&-, requirements in lieu of maximum
contaminant levels (MCLs) for Gardia lambifa, viruses, heterotrophic plate count (HPC)
bacteria, i`legie�nella, and turbidity. The tnanciatory performance requirement is 99.9 and
99.99 percent �-einovalhnactivation for G. lamblia (-, sts acid enteric viruses, respectively.
Dhese reuiova: efficienciles must be rnet along with specified maximum turbidity levels.
Testing as id sampling must be ( one i i accordancx, with Standard Methods-fi or methods
approvei_l by tt,e �_: S Environniental Protectior Ageri, y (LJSEPA) for total collforms, fecal
coliforni , tu4ti&ty., disinfection re,;iduals, teniper::tture, and pH.
Under t'it SWTR, all systems must be ol)eraied by qualified operators. The terms of
clualification &e to be set by each s�,ue.
AVOIDING THE FILTRATION REQUIREMENT
SOLtrC,f voter quality criteria, aisinfection, and sate -specific conditions must be met in
order for a system to avoid filtration
Source Water Quality Criteria
The two source water criteria are
• colifonn concentration (fecal or total colifc)rtr.t), and
• t.irbidiiy.
Coliforni concentration. Before disinfection., the source water fecal coliform con-
centration mt►st not exceed 20/100 mL. Total coliform concentration must not exceed
1.00/1.00 ml, ir; more. than 10 percent of samples (running total) for the previous six months.
* As used here, tliis tenn surface water also includes groundwater under the direct influence of surface water.
Standard Merhods for the Examination of Water and Wastewate,. APHA, AWW A, and WPC'F, Washington,
D.C. (17th e-d , ":989).
The sampling frequency is determined by the size of the population served, as shown
in the table below.
Sy:;ten-i Population Samples/Week
..500 1
fi3O -3,300
o l --10,i 100 3
1 001— 2 5. 000 4
> .'.5,000 5
In. addition, systems must sample each clay that the source water turbidity exceeds
1 NTU. Thew- ;amples count towards the weekly mitI:rnurn.
Turbidity. Solute water turbidity levels must be measured using a grab sample
collected inrniediately )e.f0re the fir,i point of disi4e.a-tans application every 4 hours or by
continuous in )nitoring. The importance of keeping ;td.�,.luaw, accurate, histork a] data cannot
be su-esscd el oav t.
Two stillui.ations govern turbidity levels abo� e i NTL . The turbidity ieve l may not
exceed 5 NTI J unless
• the SUAC determines that the event is "unus!tal or unpredictable," and
• tf is C.��Cnt (that is, the turbidity measurcmea.t exceeding 5 NTU for one or more
coil se..utive days) may not occur more than Dimes in any I year or :�. times in
airy consecutive 10 years. When the turbidF y ,,xceeds 5 NTU, a "boi water"
notific,aion rna✓ be issued w the sw-ate's dis, rt.,Aon.
Disinfection Requirements
Disinfection must achieve at least a Q9.9 and 99.99 percent inactivation of G. larnblia.
and enteric viruses, respectively. In order to demonstrate such results, the system must meet
specified CT v clues CT is defined its the product of residual disinfectant concentration
(rng/L j and ct)rtact time (minutes) rne:asured at peak hourly flow.*
The disjni'ection ,vstem must contain redundar;t components to ensure continuous
disinfectaW, (f the water during plant operation. These are identified as being, an alternate
power suppl} rind an automatic alarn) and start-up 0,., at the state"s discretion, the system
lnfomiat!on about ( Y values for various di i,nfectants is giveei in USEPA's Guidance Manual fo:- Compliance
With the f-ittrcti,in and Di;infection Requirement�for Pa.cblic V: ier- Systems Using Surface W�vcr Sourcer,
Section "i.2 ;Csct 3 ! , 1989). Order from National "i ethnical Information Service (1-800-336-4700),
publicatiOn num')er PB 89207047. AWWA, will also be hubhshing an updated version of this USEPA
guidance Indn,tal. Order from AWWA Customer Services, 6660 West Quincy Ave., Denver, ( ) 80235
303-79- 7-71
must have an ,automatic shutoff of delivery of water to the distribution system whenever the
disinfectant residual is less than 0.2 mg/L.
The system must comply with all design and operating requirements specified by the
state.
Disinfection residual monitoring. The disinfectant residual in the distribution system
must be "detectable" in 95 percent c>r more of the monthly distribution system samples.
Water utilities c.an measure for HPC bacteria in lieu of disinfection residual. If the HPC
measurement is less than 500 colonies/mL., the site .1i considered to have "detectable"
residual, In :systems that do not filter, a violation 4 this requirement for two consecutive
months caused b} a deficiency in treating the souD.,'c water will trigger a requirement for
filtration to be I fistalled
The. dish&.-ctant residual concentration in the water entering the distribution system
must be rnaint,ained at a 0.2 mg/I. minimun:: at all times. The concentration must be
demonstrated by :ontiruous monitoring. Any time rl�_e disinfectant residua entering the
distribution sy-sFem fall; below 0.2 tng/L, the state must be notified before the end of the
next bu4,Me.ss d,ty
If thr;disinfectant residual entering the distribution system is less than 0.2 mg/L, the
system has 4 wours to correct the problem. If the disinfectant residual is not restored to at
least 0.2 ing/l 'within 4 hours, the system is in violatictri.
Sysu,tns s(.rn,ing 3300 or fewer persons c:an t4.tke grah samples in lieu of continuous
trtonitortn�'. M tl e 6611owing; frequent. WS:
System Population Samples/Day
<500 t
5) l LOGO 2
:)0 l —:',5> )0 3
>,2 501_3,:00 4
Site -Specific Conditions
Watershed contrc4. Systems seeking an c°xemption to the filtration requirement must
maintain ,r watershed control program. The program goal is to minimize the potential for
contamination by G. lar.ablia cysts and by human enteric viruses. To do this, systems must
MOnitor, Wid control activities in their watershedi that aclversely affect water quality. Insofar
as human act:iv�ties are concerned, systems must prove their ability to limit and control
potentialk ad,.,crsc activities through ownership of the watershed or through written agree-
ments.
* Residual disinLG,-ciam concentration is tneasiued as total chlorine, . onibined chlorine, or chlorine dioxide.
3
Waterborne disease outbreaks. Systems seeking exemptions from the filtration
requirement must not have any history of waterborne, disease outbreaks for their present
water source and treatment system.
MCL.s for total coliforms and total trihalomethanes. Systems seeking to avoid the
filtration requirement must not be out of compliance with the monthly MCL requirement
for total coliforms for any two months in any consecutive 12-month period (see Total
Coliforrns, part of this SDWA series). Those systeir+s serving more than 10,000 persons
must be iri compliance with the MCL recluirerneni for total trihalomethanes. Public water
systems must be in compliance with the &sinfcction by-products regulation. (The final rule
is expected to go into effect in t99'.;.;i
FILTERED SYSTEMS
Turbidity Requirements
Conventional or direct filtration. Systems ;miploying either conventional or direct
filtration must achieve a filtered water turbidity level of less than or equal to 0.5 NTU in
95 percent o�' the mea�urements taken for each month. This limit may be increased by the
state to NTU 4 the system proves it can effectiv�-ly remove G, lamblic:r cysts at such
turbidity levy-.L,,. At no time can filtered water turbi&ty exceed 5 NTU.
Slow sand filtration. Systems employing sloe sand filtration must ac(rB-ve, a filtered
water turbidity level of less than or equal to 1 NTU i li 95 percent of the me.isurements for
each month This limit can be increased bye thy.; si:ate if there is no int-n"-erencee with
disinfection tnd the turbidity level foever exceeds `i y,TU. At no time can the filtered water
turbidity excecd 5 N'I'J
Diatomaceous earth filtration. Systems einjiloying diatomaceous arth filtration
must achieve. �, filtered, water turbidity level of less than or equal to 1 NTU i r 95 percent of
the measurements for c�-ach month. At no tirne can the -"iltered water turbidity exceed 5 NTU!'
Other filtration technologies. With the appro%al of the state, systems may use other
filtration tec>nologies providing they meet the criteriA for C lamblia cysts find virus as the
conventioria Mechnologgies.
Turbidity Monitoring
Turbidity must be measured every 4 hours using a grab sample or by continuous
monitoring. At the discretion of the state, systems serving fewer than 500 persons can reduce
monitoring to one grab sample per day.
At the discretion of the state, systems thrit usc slow sand filtration or" other" filtration
technologic, ( that is, ()ther than conventional, direct. or diatomaceous earth filtration) may
reduce �,amj ling, frequency to once a da} .
Disinfection Requirements
For systems that filter their water, the goal of disinfection when combined with filtration
is at least 99,1) and 99.99 percent removal/inactivation of C. lamblia and enteric viruses,
respectively. The exact level of disinfection required will be set by the state; it will depend
on the technology in use and the source water quality. The key point is that the disinfection
requirements for systems that filter may be substantially less than those for systems that do
not filter.
The pert:rlent CT values are given in the Sttrface'Water Treatment Rule and the USEPA
Guidance Manaal.*
The system must comply with all design and opt rating requirements specified by the
state.
Disinfection Residual Monitoring
The disinfectant residual in the distribution system must be "detectable" in 95 percent
or more of the monthly distribution system samples. A system must first measure for
disinfection residual, If no residual is detected, it has the option to measure for HPC bacteria.
If the HPC measurement is less than 500 colonies/rnL, the site is considered to have a
"detectable" residual.
The disinfectant residual conct°ntration in the water entering the distribution system
must be i naintatne.d at 0.2 mg/L as minimum at all times. This must be demonstrated by
continuous ronitoring.
If th;: cti�ir:fectant residual is less than 0.2 mg/t." the system has 4 hours to correct the
problem. If tl,,e disinfectam residual is not restored to at least 0.2 nng/L within 4 hours, the
system s ,n violation and the state must be notified berore the end of the next business day.
Sy toms ing 3,300 or fewer persons can ial: grab samples in lieu of continuous
monitoring at the following frequenCies:
System Population Samples/Day
.500 1
-0 - l ,000 2
1 001- 2, 500 3
2 5('1-3,300 4
VARIANCES AND EXEMPTIONS
Vari,tAnces to the SWT'R are not allowed.
Exemptions are allowed for all requirements except disinfection residual requirements
at the point of entry to the distribution system.
* Filtration and DisinJection, Turbidity, Giardia lamblia, Viruses, ) egionella and Heterotrophic. Bacteria, Final
Rule. fed Reg , 4:124:274VG (June 29, 1989).
5
No exemption to the requirement to disinfect is permitted. All systems using surface;
water must disinfect. However, the degree of disinfection required may vary according to
the design and operating requirements specified by the state.
REPORTINGA
Systems must report waterbornediseaseoutbreak!i to the state within 48 I.otirs. Systems
must report data for all parameters covered in the SWTR to the state monthl v.
In oddit on, systems that do not filter their must report the res ilts of on -site
inspections of :heir watershed control prog,rani anm.t,ally.
COMPLIANCE DIADLINES
Sys,crns with unfiltered surfac, water source,, trAust meet source water quality, disit;-
f�ction_ :;;tc� s ite-sl,tecif is conditions xithin 30 month,: of June 29, 1989 (January 1992).
Filtered systems insist meet performance criterizi and monitoring requirernents within
48 months of June 29, 1989 (June O, 1993).
VIOLATIONS
Systerm that do not filter and fail to comply Nith source water, disinfection, and
site -specific -riteria within the appropriate deadlines are in violation. Also, a waterborne
disease {outbreak in an unfiltered system is an ,acute 'I ter 1 public notice violation.
Filt;.�red systems that fail to comply with filtration and disinfection performance
requirernents within the appmpriatc deadlines are in , iolation.
2P-2M-70055-3r'9' -NG ISBN 0-89867-519-7
ALASKA DEPARTMENT OF ENVIRONMENTAL CONSERVATION
SURFACE WATER TREATMENT RULE
QUESTION/ANSWER FACT SHEET
UNFILTERED SURFACE SOURCE SYSTEMS
(1 /90)
NOTE: The information contained in this fact sheet is based on the Federal Surface
Water Treatment Rule. State rules and implementation policies are currently
being developed. For further information, call
GENERAL REQUIREMENTS
Q. What does the Surface Water Treatment Rule (SWTR) require?
A. Each public water systems with a surface water source or ground water source
under the direct influence of surface water must achieve at least 99.9% removal
and/or inactivation of Giardia lamblia cysts and at least 99.99% removal and/or
inactivation of viruses.
To accomplish this, systems must:
* disinfect;
* filter, unless certain source water quality and site -specific conditions are met; and
* be operated by qualified personnel.
Q. What is the basis for the SWTR?
A. data on waterborne disease outbreaks show that properly designed and operated
systems using filtration and disinfection (multiple barrier approach) are more effective
in preventing waterborne disease than systems using disinfection alone.
A. Which systems will be subject to the SWTR?
A. All public water systems using:
* surface water (open to the atmosphere and subject to surface runoff) such as
lakes, rivers and streams; and
* ground water under the direct influence of surface water which could include
some springs, shallow wells and infiltration galleries.
CRITERIA TO AVOID FILTRATION
Q. What criteria must unfiltered systems meet to avoid filtration?
A. Both source water quality criteria and site -specific conditions must be met to avoid
filtration.
Q. What are the source water quality criteria?
A. The criteria include coliform and turbidity limits.
Coliform Limits
The source water prior to disinfection must have a:
* fecal coliform level less than or equal to 20/100 ml; or
* total coliform level less than or equal to 100/100 mi
in at least 90% of the samples taken for the six previous months that the system
served water to the public on an ongoing basis.
Systems that monitor both fecal and total coliforms must meet the fecal coliform
requirements.
Turbidity limits
The turbidity level of the source water prior to disinfection must not exceed 5 NTU
unless:
1. the State determines the event was caused by unusual or unpredictable
circumstances; and
2. there have not been more than two events in the past 12 months the system
served water to the public, or ;more than five events in the past 120 months the
system served water to the public. An "event" is defined as a series of
consecutive days in which at least one turbidity measurement each day exceeds
5 NTU.
Q. My system meets the source water quality criteria. What site -specific criteria
must be met to avoid filtration?
A. Disinfection Criteria
Systems must:
* maintain disinfection conditions which inactivate 99.9% of Giardia lamblia cysts
and 99.99% of viruses. A system is considered in compliance with this
requirement, if the calculated CT values [disinfection concentration (C) times
contact time (T)] meet or exceed the CT values in the SWTR.
* have redundant disinfection components including:
1. an auxiliary power supply with automatic startup and alarm to ensure
continuous disinfection of water delivered to the distribution system; or
2. with State approval, automatic shutoff of water to the distribution system
when the residual disinfectant in the water fall below 0.2 mg/L.
* not allow the disinfectant concentration in water entering the distribution system
to be less than 0.2 mg/L for more than four hours.
* maintain a detectable disinfectant residual in the distribution system or a
heterotrophic plate count (HPC) less than or equal to 500 colonies/ml.
Other site -specific criteria
Systems must also:
* maintain a watershed control program which minimizes the potential for source
contamination by Giardia cysts and viruses;
* be subject to an annual on -site inspection;
* have no history of waterborne disease outbreaks;
* comply with the monthly total coliform MCL; and
* comply with the trihalomethane (THM) regulations (for systems serving more
than 10,000 people).
MONITORING AND REPORTING REQUIREMENTS
Q. What are the raw water monitoring requirements for unfiltered systems?
A. Raw water coliform monitoring is required at the following minimum sampling
frequencies each week that the system serves water to the public:
System size by population Samples/week
< 500 1
501 to 3,300 2
3,301 to 10,000 3
10,000 to 25,000 4
> 25,000 5
One sample must also be taken every day that the source water turbidity
exceeds 1 NTU; these samples count towards the total minimum number of
samples to be taken per week.
Raw water turbidity must be monitored at least once every 4 hours that the system
serves water to the public.
This can be done either through collection of grab samples or by continuous
monitoring. Systems using continuous monitoring must regularly check the
measurements for accuracy using a procedure approved by the State.
Q. What are the disinfection monitoring requirements for unfiltered systems?
A. Daily monitoring to calculate CTs and the total inactivation ration for each day the
system is in operation is required.
Systems must filter, if they fail to meet the CT values more than one day of the
month for any two months of -the previous months that the system served water
to the public.
The parameters necessary to calculate CT values (and the total inactivation ratio)
must be monitored as follows:
1. Temperature of the disinfected water must be measured at least once per
day at each residual disinfectant sampling point.
2. If the system uses chlorine, the pH of the disinfectant water must be
measured at least once per day at each chlorine residual disinfectant
concentration sampling point.
3. The disinfectant contact time(s) must be determined for each day during
peak hourly flow.
4. The residual disinfectant concentrations of the water (before or at the first
customer) must be measured each day during peak hourly flow.
Continuous disinfection monitoring is required at the entry point to the distribution
system. The lowest value must be recorded each day.
In lieu of continuous monitoring, systems serving 3,300 people or less may take
grab samples at the following frequencies:
System size by population
_<_ 500
501 to 1,000
1,001 to 2,500
2,501 to 3,300
Samples/week
1
2
3
4
For systems using grab sampling, if the residual falls below 0.2 mg/L, the
system must take a grab sample every 4 hours until the concentration is greater
than or equal to 0.2 mg/L.
To avoid filtration, the disinfectant level must not drop below 0.2 mg/L for longer
than a four hour period.
Distribution system residuals must be monitored at the same time, frequency and
locations as total coliform sampling required by the Coliform Rule.
Systems can monitor HPC levels in Lieu of disinfectant residuals. An HPC less
than 500/ml is considered equivalent to a detectable residual.
To avoid filtration, a detectable residual must be present in at least 95% of the
samples each month for any two consecutive months that the system serves
water to the public.
The State may allow systems using blended water to measure residuals at
locations other than those specified in the Coliform Rule, if such points are more
representative of disinfected water quality within the distribution system.
0. What are the reporting requirements for unfiltered systems?
A. Unfiltered systems must submit reports to the State as follows:
Source water quality and disinfection condition information reports are required
ae ch month the system serves water to the public.
2. Annual watershed control program and on -site inspection reports are also
required.
3. Systems must notify the State as soon as possible, but no later than the end of
the next business day, any time:
a. a waterborne disease outbreak potentially attributable to the water system
occurs;
b. the turbidity exceeds 5 NTU;
c. the residual falls below 0.2 mg/L in the water entering the distribution
system and whether or not the residual was restored to at least 0.2 mg/L
within four hours.
COMPLIANCE DEADLINES
Q. When do unfiltered surface source systems have to meet the monitoring and
reporting requirements?
A. Beginning December 31, 1990, unfiltered surface source systems have to meet the
new SWTR monitoring and reporting requirements, unless the State has already
determined that filtration is required. In these cases, alternative monitoring
requirements may be specified until filtration is in place.
Q. When do unfiltered systems have to meet the criteria to avoid filtration?
A. By December 30, 1991, systems must meet source water quality and site -specific
requirements to avoid filtration, unless the State has already determined that the
system must filter.
Q. When do unfiltered systems that can't avoid filtration have to install filtration
and comply with the requirements for filtered systems?
A. June 29, 1993
Q. My system may meet the criteria to avoid filtration now, but may not at
sometime in the future. When does filtration have to be installed in this case?
A. Systems which meet the criteria by December 31, 1991, but fail to meet the criteria
after that date must install filtration and comply with the filtration requirements 18
months after the failure occurred.
OPTIONS FOR UNFILTERED SYSTEMS THAT CAN'T MEET CRITERIA
Q. If our system can't meet the criteria to avoid filtration, what options do we
have?
A. Most systems will choose one of the following options:
* purchase water from a nearby public water system which meets or is not subject
to the requirements of the SWTR;
* develop a ground water source not subject to the SWTR:
* join with other systems in the area to form a regional water system; or
* install filtration.
Q. What filtration technologies can be used to meet SWTR?
A. The acceptable filtration technologies are:
* slow sand;
* diatomaceous earth (DE);
* conventional;
* direct; and
* alternate technologies (such .as cartridge filters).
Where source water conditions allow, slow sand filtration is the preferred technology.
VARIANCES/EXEMPTIONS
Q. What are variances and exemptions?
A. Variances and exemptions are a means by which systems can be temporarily
excused from meeting Federal and/or State regulations under certain conditions.
1. Variances
* No variances are allowed under the SWTR.
2. Exem tp ions
* An exemption may be granted to a system that can't meet an MCL or
provide the required treatment in a timely manner.
* Under the SWTR, exemptions are allowed for:
the degree of disinfection provided; and
meeting the filtration requirements.
* No exemptions from the requirement to disinfect are allowed.
0. What are some of the criteria that must be met to obtain an exemption?
A. Criteria include:
* compelling factors (such as economic hardship and/or unavailability of a
qualified operator); and
* showing that granting the exemption will not result in an unreasonable risk to
public health.
0. What accompanies the granting of an exemption?
A. When granting an exemption, the State prescribes a schedule of action which
establishes a time frame for the water system to:
* comply with each treatment technique requirement for which the exemption was
granted; and
* implement interim control measures during the period the exemption is in effect.
The State must provide public notification and allow for a public hearing before the
schedule is established.
Schedules will require compliance as soon as possible, and in all cases, within 12
months of the date the exemption was granted.
O. Can exemptions be extended?
A. Yes, if the system meets certain additional requirements, the final date for
compliance may be extended up to 3 years from the date the exemption is granted.
The State may renew the exemption for one or more additional periods for systems
serving fewer than 500 service connections and meeting certain additional
requirements.
NUMBER OF SYSTEMS IMPACTED COSTS
Q. How many systems in Alaska will be impacted by the SWTR?
A.
A.
According to our records, about 118 public water systems use surface sources.
About 46 of these systems are currently unfiltered.
In addition, systems that use springs, infiltration galleries and shallow wells will be
affected by the SWTR, if the source is found to be under the direct influence of
surface water.
What are the estimated costs for unfiltered systems to implement the SWTR?
For currently filtered systems, EPA estimates that:
* installation of filtration may increase monthly water bills $30-50 for an average
household' that receives water from a system serving less than 500 service
connections. for the same size household served by a larger system, EPA
estimates monthly bill increases of $6.
* costs of switching to ground water may result in a $10-25 increase in monthly
water bills for systems serving less than 500 connections.
costs of purchasing water from a nearby public water system may be less
expensive than the above alternatives and will be site -specific (depends on
purchase price and costs of installing pipe).
****************************
Note: The average costs in Alaska may vary from the above national estimates.
The actual costs of meeting the SWTR requirements will be site -specific for
each system. Also, individual household increases may vary depending on
the number of people per household and how much their water consumption
varies from the assumption used to calculate the EPA estimates.
EPA based the above costs on the assumption of 2.8 people per household and daily water use of
100 gallons of water per person.
ALASKA DEPARTMENT OF ENVIRONMENTAL CONSERVATION
SURFACE WATER TREATMENT RULE
QUESTION/ANSWER FACT SHEET
FILTERED SURFACE SOURCE SYSTEMS
(1 /90)
NOTE: The information contained in this fact sheet is based on the Federal Surface
Water Treatment Rule. State rules and implementation policies are currently
being developed. For further information, call
GENERAL REQUIREMENTS
Q. What does the Surface Water Treatment Rule (SWTR) require?
A. Each public water systems with a surface water source or ground water source
under the direct influence of surface water must achieve at least 99.9% removal
and/or inactivation of Giardia lamblia cysts and at least 99.99% removal and/or
inactivation of viruses.
To accomplish this, systems must:
* disinfect;
* filter, unless certain source water quality and site -specific conditions are met; and
* be operated by qualified personnel.
Q. What is the basis for the SWTR?
A. Data on waterborne disease outbreaks show that properly designed and operated
systems using filtration and disinfection (multiple barrier approach) are more effective
in preventing waterborne disease than systems using disinfection alone.
A. Which systems will be subject to the SWTR?
A. All public water systems using:
* surface water (open to the atmosphere and subject to surface runoff) such as
lakes, rivers and streams; and
* groundwater under the direct influence of surface water which could include some
springs, shallow wells and infiltration galleries.
CRITERIA FOR DETERMINING ADEQUACY OF FILTRATION%DISINFECTION
Q. What are the turbidity performance criteria for filtered systems?
A. Separate criteria are established for each filtration technology as follows?
1. Conventional or direct filtration
Filtered water turbidity must be less than or equal to 0.5 NTU in at least 95%
of measurements taken each month and may not exceed 5 NTU at any time.
* Under the Federal Rule, the State, on a case -by -case basis, may substitute
a higher filtered water turbidity level up to 1 NTU in 95% of the filtered water
measurements taken each month, if the system can still achieve 99.9%
removal and/or inactivation of Giardia.
2. Slow sand filtration
Filtered water turbidity must be less than or equal to 1 NTU in at least 95%
of measurements taken each month and may not exceed 5 NTU at any time.
Under the Federal Rule, the State, on a case -by -case basis, may substitute
a higher filtered water turbidity level, if there is no significant interference with
disinfection at the higher level.
3. Diatomaceous earth filtration
* Filtered water turbidity must be less than or equal to 1 NTU in at least 95%
of the measurements taken each month and may not exceed 5 NTU at any
time.
4. Other filtration technologies
* Filtration technologies other than those specified above must meet the
turbidity performance criteria for slow sand filtration.
Q. What are the disinfection performance criteria for filtered systems?
A. Filtration plus disinfection must achieve 99.9% (3 log) and 99.99% (4 log)
removal and/or inactivation of Giardia and viruses respectively as determined
by the State.
* As mentioned previously, the State program is currently being developed; the
following information is based on the approach developed to date:
On a case -by -case basis, the State must determine what level of disinfection
is required for each filtered system to meet the removal/inactivation
requirements.
2. The State will grant filtered systems "credit" for removal of Giardia and
viruses via filtration. The amount of credit will depend on the type of filtration
provided and turbidity removal achieved.
3. Disinfection must be provided so filtration plus disinfection achieves the
overall removal/inactivation requirements. For example, if a well -operated
conventional plant was granted 2.5 log credit for Giardia removal, disinfection
would have to provide 0.5 log inactivation of Giardia to achieve the overall
3.0 log removal/inactivation of Giardia.
4. The inactivation of Qiardi cysts and viruses by disinfection is indicated by
CT values [disinfection concentration (C) times contact time (T)]. A system
will be considered in compliance with this disinfection performance
requirement, if the calculated CT values meet or exceed the CT values for
the log removal required.
* Systems must demonstrate by continuous monitoring that the disinfectant
residual in the water entering the distribution system is never less than 0.2 mg/L
for more than four hours.
Systems must also have detectable disinfectant residuals or heterotrophic plate
counts (HPC) less than 500 colonies/ml in at least 95% of the samples from the
distribution system each months for any two consecutive months.
MONITORING AND REPORTING REQUIREMENTS
Q. What are the turbidity monitoring requirements for filtered systems?
A. Turbidity of the filtered water must be measured at least once every four hours
that the system serves water to the public.
* A system may substitute continuous turbidity monitoring for grab sampling, if the
online turbidimeter is regularly checked for accuracy on a regular basis using
a procedure approved by the State.
* If the reduced monitoring is sufficient to indicate effective filtration performance,
the State may reduce the turbidity sampling frequency to once per day for:
systems serving fewer than 500 people (regardless of the type of filtration);
and
2. systems using slow sand or filtration other than conventional, direct, or DE
(regardless of the number of people served).
Q. What are the disinfection monitoring requirements for filtered systems?
A. Turbidity of the filtered water must be measured at least once every four hours
that the system serves water to the public.
A system may substitute continuous turbidity monitoring for grab sampling, if the
on-line turbidimeter is regularly checked for accuracy on a regular basis using
a procedure approved by the State.
If the reduced monitoring is sufficient to indicate effective filtration performance,
the State may reduce the turbidity sampling frequency to once per day for:
systems serving fewer than 500 people (regardless of the type of filtration);
and
2. systems using slow sand or filtration other than conventional, direct, or DE
(regardless of the number of people served).
Q. What are the disinfection monitoring requirements for filtered systems?
A. The parameters necessary to calculate CT values to determine if the disinfection
performance criteria have been met must be monitored as follows:
Temperature of the disinfected water must be measured at least once per
day at each residual disinfectant sampling point.
2. If the system uses chlorine, the pH of the disinfectant water must be
measured at least once per day at each chlorine residual disinfectant
concentration sampling point.
3. The disinfectant contact tiMgM must be determined for each day during
peak hourly flow.
4. The residual disinfectant concentrations of the water (before or at the first
customer) must be measured each day during peak hourly flow.
Filtered systems must also monitor disinfectant residuals entering the distribution
system and within the distribution system.
* Filtered systems must continuously monitor the disinfectant residual of the water
entering the distribution system and record the lowest disinfectant residual each
day.
In lieu of continuous monitoring, systems serving 3,300 people or less may take
grab samples at the following frequencies:
System size by po ulation Sam Imes/week
< 500 1
501 to 1, 000 2
1,001 to 2,500 3
2,501 to 3,300 4
In such systems, if the residual falls below 0.2 mg/L, a grab sample must be
taken every 4 hours until the concentration is at least 0.2 mg/L.
Filtered systems must also measure the disinfectant residual in the distribution
system at the same time, frequency and locations as total coliform sampling
specified in the Coliform Rule.
HPC levels may be measured in lieu of residual disinfectant concentrations.
The State may allow systems using blended water to measure residuals at
locations other than those specified in the Coliform Rule, if such points are more
representative of disinfected water quality within the distribution system.
Q. What are the reporting requirements for filtered systems?
A. Under the Federal Rule, turbidity measurements and disinfectant residuals (at the
entry point to and within the distribution system) must be reported to the State each
month the system serves water to the public.
Systems must notify the State as soon as possible, but no later than the end of the
next business day, any time:
a. a waterborne disease outbreak potentially attributable to the water system
occurs;
b. the turbidity exceeds 5 NTU;
c. the residual falls below 0.2 mg/L in the water entering the distribution
system and whether or not the residual was restored to at least 0.2 mg/L
within four hours.
COMPLIANCE DEADLINES
0. When do filtered systems have to comply with the requirements?
A. By June, 1993, filtered systems must meet treatment performance criteria, monitoring
and reporting requirements.
VAR IANCESIEXEMPTIONS
Q. What are variances and exemptions? Which are allowed under the SWTR?
A. Variances and exemptions are a means by which systems can be temporarily
excused from meeting Federal and/or State regulations under certain conditions.
1. Variances
* No variances are allowed under the SWTR.
2. Exemptions
* An exemption may be granted to a system that can't meet an MCL or
provide the required treatment in a timely manner.
* Under the SWTR, exemptions are allowed for:
the degree of disinfection provided; and
meeting the filtration requirements.
* No exemptions from the requirement to disinfect are allowed.
Q. What are some of the criteria that must be met to obtain an exemption?
A. Criteria include:
* compelling factors (such as economic hardship and/or unavailability of a
qualified operator); and
* showing that granting the exemption will not result in an unreasonable risk to
public health.
Q. What accompanies the granting of an exemption?
A. When granting an exemption, the State prescribes a schedule of action which
establishes a time frame for the water system to:
* comply with each treatment technique requirement for which the exemption was
granted; and
* implement interim control measures during the period the exemption is in effect.
The State must provide public notification and allow for a public hearing before the
schedule is established.
Schedules will require compliance as soon as possible, and in all cases, within 12
months of the date the exemption was granted.
Q. Can exemptions be extended?
A. Yes, if the system meets certain additional requirements, the final date for
compliance may be extended up to 3 years from the date the exemption is granted.
The State may renew the exemption for one or more additional periods for systems
serving fewer than 500 service connections and meeting certain additional
requirements.
NUMBER OF SYSTEMS IMPACTEDICOSTS
Q. How many systems in Alaska will be impacted by the SWTR?
A. According to our records, about 118 public water systems use surface sources.
About 72 of these systems are currently filtered.
In addition, systems that use springs, infiltration galleries and shallow wells will be
affected by the SWTR, if the source is found to be under the direct influence of
surface water.
Q. What are the estimated costs for filtered systems to implement the SWTR?
A. EPA estimates an average increase of about $2-6 per month for systems with less
than 500 service connections and about $1 per month for larger systems.'
****************************
Note: The average costs in Alaska may vary from the above national estimates.
The actual costs of meeting the SWTR requirements will be site -specific for
each system. Also, individual household increases may vary depending on
the number of people per household and how much their water consumption
varies from the assumption used to calculate the EPA estimates.
EPA based the above costs on the assumption of 2.8 people per household and daily water use of
100 gallons of water per person.
KENAI PENINSULA BOROUGH
�- 144 N- BINKLEY • SOLDOTNA. ALASKA 99669
PHONE (907) 262.4441
DON GILMAN
MAYOR
August 18, 1992
Alcoholic Beverage Control Board
Attn: Beth Nelson
550 W. 7th Ave.
Anchorage, AK 99501
RE: 1992 Liquor License Renewal Protest:
LITTLE SKI -MO - Restaurant/Eating Place
Dear Ms. Nelson:
Please be advised that at 4:17 PM on 8/18/92, the tax
delinquencies noted in the Borough's letter of protest dated
05/05/92 have all been brought current. At this time, we wish to
withdraw the protest against the renewal of this license for the
1992 license year.
Please note that remittance of past due taxes does not remove any
other grounds for protest the Borough might assert in addition to
tax delinquency.
Sincerely,
Linda Barclay
Delinquent Accounts
cc: Ronald.S. Yamamoto, d/b/a Little Ski-Mo Drive Inn, Box 3162,
Kenai, AK 99611
Carol Freas, Kenai City Clerk, 210 Fidalgo, Kenai, AK 99611
1791-1991
CITY OF KENA
210 FIDALGO KENAI, ALASKA 99611
TELEPHONE 283 - 7535
FAX 907-283-3014
I'0: Kenai City Council
FROM: ('harles A. Brown, Finance Director
DATE: A.igu s t 13, 19o:G.
SUBJECT: Sales Tax
i was asked by the Counc-1 to check on salE!s tax collections/reporting
oy two groups of taxpayers.
(1) Bed and breakfasts and guides on Angler Drive.
Borough
Name
Sales Tax #
Beaver Creek
Lodge & Guides
142;5
Beaver Creek
Cabin Rentals
16049
Ron's Alaska
Lodge
22523
Hi-Lo Fish �
Hook Charters
131,4
Riddles Unlimited, Fishing Guides
218C5
Acct. Status
okay
okay
okay
okay
okay
These are al.1 I checked. I discussed this subject with the Borough,
and it looks like they've got a good handlE' on bed and breakfasts and
guides. If they advertise, the Borough checks them out. The fishing
guides have to be registered with the BorOUgh in order to obtain a
Division of Rarks license.
+,2) Taxi cabs owners and drivers. This situation is basically the
same as the City Clerk described to you on June 2, 1992. The three
cab companies (.AAA/Alaska, Inlet Transportation, and Twin City) are
all registered for sales tax. The account status for each, per a July
,'7, 1992 Borough publication, looks current. However, the cab owners
,.old the CcDuncil that as owners and lessors, they are responsible for
sales tax collection on only the lease proceeds. They said they
helieve the tax on the cab fares is the responsibility of the cab
drivers (apparently, as independent contractors).
could find no cab drivers registered for sales tax, and the Borough
believes there are none. So, it. appears that we are not receiving
sales tax cn cab fares from anyone. I discussed this with the Borough
and they intend to research it further. One cab company is currently
under audit `oy the 3oroug:rr.
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Kenai -Municipaii-kirport -
1992 1 9-5
F4y r',arldng
Tr)tal Juig 1 1992 1-luu August 14, 1992
o7-239-73
f Pormits Mud -- 1 " 2 T b il
Tatuh - 57,814.71
Rtai avenige parking rt-ceipts jor4.5 days=
0
27
Kenai Municivaii-Idmort
AL
1991 192
Long -Term Pay Parking
Receipts
Total Receipts - Augist%,IM thru June 30, 1992
Parking - $49,830-06
36 Permits issued - 7,241 85
Total - $57,071-9-1
Total average parking receipts for 320 days = $155.72,1 day
--E
345
+ Th13 Iiijure include3 S).t sales tax. and -13 17ae total Tor Ii3cal uear ending June 50, 1 t92
INFORMATION ITEMS
Kenai City Council Meeting of
August 19, 1992
1. 8/13/92 Andco Industries Corporation cost quote for bronze
dedication plaque for Congregate Housing Project - $821.00.
2. 8/13/92 KK memorandum to CAB regarding RPM, Uptown Vans,
Fandel's Home Occupation and King's Inn RV Parking.
3. 8/12/92 KK memorandum to CAB regarding Kenai Fire Department
Roof of Existing Equipment Storage Area.
4. 8/92 Resource Development Council, Inc., Resource Review.
5. 8/19/92 Transfer of Funds Under $1,000.
6. 8/92 Alaska Municipal League, The Touchstone.
7. 8/92 The Greater Soldotna Chamber of Commerce, Your Chamber
Today.
8. 8/10/92 K.Howard memorandum to Council regarding Kenny
Carver Property.
9. 8/5/92 Council Meeting "To Do" List.
10. 8/7/92 C.Freas letter of objection to R. Troeger regarding
vacation of section line easement and right of way
easement - Lot 1, Caro Subdivision/South Ames Road.
11. 7/21/92 K. Howard memorandum to BB regarding FY91-92 Land
Sales and Leases.
12. 8/1/92 Pay Estimate No. 2/Kenai Fire Department Bay Addition
- Holden Company.
13. Pay Estimate No. 11/Kenai Congregate Housing Project -
Gaston Associates.
C
Quotation
Jack LaShot
City of Kenai
210 Fidalgo
Kenai, AK 99611
1'rojeci:
Vintage Point Manor
i4I
Mnnufaeturero of Ar'rhllectural Inrariar and Eatorinr Sipaa8a
Andco Tndunlriea nrryorallan
•..maul Lm vn
I :rr�r;�.h��ni r;i. LTtI �I;.f SI1
. f`,fN1.17h-II!Ik III
419-2J!F 471v7
Q totattull Numher. QRL92/93-216
Date,: August 13, 1992
TNI% quolalloit do" nut inclad• any lueul or alaao lane, and is Or f— III days THy: cONnmoN% 11M THIS 'WX ARE ON THE RF.I rklr.. zmr.
Dear Jack:
Andco Industries is pleased to submit specifications and quotation for
the manufacture of the following:
CAST PLAQUE
one (1) cast bronze plaque to be 3011 x 201F. Background texture to be
Pebble with Dark Bronze finish. Border shall be double -line, No. 2
with letter style to be Helvetica Medium. Mounting to be type B,
expansion anchor.
Your Cost, FOB Greensboro ---------------------- $761.00
Plus any applicable sales tax. � Y Go .00
TERMS nr PAYMENT: Not payable within 30' dayo UroN APPROVED CREDIT_
A serrvicr; c:hmrtja+ rrf 1-1/7% Per month will be applied at-rtaz 45 days_
AnHf-c' Triductricrc Corporation roquiroo a :JS* dopooit upon roaoipt of
order.
Andco's A-10 baked enamel finish is guaranteed for 5 years against
peeling, cracking, cx-azinci n-r l:rlie teritty. A><tcic ula inatallatioit kit
Conciat.ing of mounting template and all rnnimt-i >ng hnrearrnre% i at i nen7 itriael _
TFPMC nW nPT.Tirwov• 6-0 _a 'Mko aftor approvstl.
Sincerely,
AN O INDUCT II.0 CORPORATION
; . _ ..f'tr. *
l,elgn
tlu�:vwtC �xecutl.ve
RFL/lq
,I'-:( uutod IN:
TOI.-
r1n14 _
r ".. ' 1.1........
`>r<" VINTAGE POINTE MANOR
, /Z KENAI CONGREGATE SENIOR HOUSING
'I2 ALASKA GOVERNORS
1 z ` WALTER J. HICKEL - STEVE COWPER
V STATE SENATOR
sfs,"PAUL A. FISCHER
yz STATE REPRESENTATIVES
MIKE NAVARRE -- C.E. SWACKHAMMER - GAIL PHILLIPS
'I2 KENAI CITY COUNCIL
JOHN J. WILLIAMS, MAYOR
<< RAY:MOND MEASLES HAL SMALLEY
3f S CHRISTINE MONFOR LINDA SWARNER
C KEVIN WALKER ART McCOMSEY
y2q COUNCIL ON AGING
JOANNA. HOLLIER, PRESIDENT
FRANCES MEEKS
SAM HUDDLESTON
PAUL PADILLA
GEORGETTA FUNK
PAULINE GROSS
EUGENE SEAY
3/'Y " CONTRACTOR
3h` GASTON & .ASSOCIATES
BUILDING COMMITTEE
CAROL GEORDGE
GUY MOORE
MARTHA BETHE
SYLVIA JOHNSON
BETTY WARREN
ROGER MEEKS
HERBERT WILBORG
ROSEMARY WIESE
ARCHITECT
LIVINGSTON SLONE, INC.
MY DEDICATED
lj�.. SEPTEMBER 6, 1992
1791-1991 ,
CITY OF KENV
"Od eapdal 4 44"�
210 FIDALGO KENAI, ALASKA 99611
TELEPHONE 283 - 7535
FAX 907-283-3014
MEMORANDUM
INFO. - 8/ 19/92
TO: Charles A. Brown, Acting City Manager
FROM: Keith Kornelis, Public Works Director d?
DATE: August 13, 1992
SUBJECT: L RPM - Engine Blocks
2. Uptown Vans
3, Fandel's Home Occupation
4.. Kings Inn RV Parking
At the last Council meeting I told the City Council that Public Works would check on the above
subject items.
1. RPM -ENGINE BLOCKS
I talked with John Mellish who owns RPM's about the engine blocks and other items stored
behind his shop. He had the following comments:
A. At one time he had over 300 engine blocks that he breaks down and repairs or uses
for parts. When he lost his lease on K-Beach he brought the engine blocks to the shop.
B. Since he brought the pile over from K-Beach he has cut the pile in half. He has
thrown away over 8,000 lbs. of steel in an effort to clean up the piles. He keeps working
on the engine blocks thus diminishing the storage in back. He said he will go through
the engine blocks again and discard some of the less salvageable ones.
C. He said he would put up a temporary fence if it would help. He had talked to the
owner of the building who said he didn't want a fence up. (But maybe the owner thought
they were talking about a permanent fence.)
D. Once this pile of engine blocks is gone it won't reappear.
Page 2
8/ 13/92
Council Memo
E. He understands the problem of it being unsightly and wants to work with the City and
his neighbors to clean up his back: yard.
F. He needs another 30 days to clean every thing up with a maximum of 60 more day§.
If he doesn't have it all gone by the end of 60 days he will have a dump truck haul the
remaining items away. His business is new to Kenai, being here less than a year,and he
requests some more time to get squared away.
2. UPTOWN VANS
I went by the Uptown to discuss moving the vans located behind the hotel on Frontage Street.
Penny, at the desk, said that they are getting some equipment to move the vans. She thought
they would be moved in a week or so.
3. FANDEL'S HOME OCCUPATION
Please see Jack La Shot's memo dated August 11, 1992, which is attached.
4. KING'S INN -- RV PARKING
Helen, Manager of King's Inn, told me that at one time they were thinking about using the lot
behind their hotel for an RV park. They have since decided not to start an RV park and are not
allowing the lot to be used as such.
KK/kv
MEMORANDUM
DATE: AUGUST 11, 1.992
TO MAYOR JOHN WILLIAMS
KENAI CITY COUNCIL j
FROM: JACK LA SHOT, CITY ENGINEER
RE: IRENE'S LODGE - HOME OCCUPATION PERMIT
On the above referenced date I drove by the site and noticed
several boats parked on the lot. There were no RV's or trailers.
The original permit was issued in January 1985. Conditions of the
original permit were :
The business occupy no more than 30% of the total floor
space.
No more than one person outside t>.e family be employed.
There are no traffic or parking problems.
Individual exits are provided.
No more than 5 rooms are occupied by travellers at one time.
There have been complaints issued against this operation in 1987
and in 1991. Both times the complaints were investigated and no
action was taken by the City.
Under KMC 14.20.230 Home Occupations: . . . "In general, a home
occupation is an accessory use so located and conducted that the
average neighbor, under normal circumstances would not be aware of
its existence other than for a. sign as permitted in this chapter."
Staff would recommend the Fandels amend their original permit to a
Conditional 1tse Permit (CUP) to allow for the guide business, which
was not included in the first application. (Normally this activity
would be covered under a CUP for Bed & B.-eakfast but this ordinance
was not in effect until 1.989.)
C:\UP51\D0CS\FANDEL
MEMORANDUM
1791-1991
CITY OF KENAI
210 FIDALGO KENAI, ALASKA 99611
TELEPHONE 283 - 7535
FAX 907.283-3014
INFO. 8/ 19/92
TO: Charles A. Brown, Finance Director KENAI FIRE DEPT.
ROOF OF EXISTING
FROM: Keith Kornelis, Public Works Director STORAGE AREA
DATE: August 12, 1992
SUBJECT: Kenai Fire Department
Roof of Existing Equipment Storage Area
FOR: Info. for Council meeting of August 19, 1992
When the contractor removed the rooting material to add the new roof drain for Change Order
No. 1 on the Fire Bay Addition project we found the rooting material was wet and in some areas
the plywood was rotten. Please see the attached photos.
It appears that a very large portion, if not all, of this root' is saturated. There are bubbles caused
by this problem throughout the roof. The glue -lam roof beams show water stains from the roof
leaking and in some areas appear to be starting to rot. When the insulation and roofing material
are saturated they loose their insulating value. When the plywood and beams are rotten they
loose their structural integrity and the roof could collapse.
The existing root of the Fire Department's equipment storage area needs to have the rooting
material removed., including any rotten plywood, and new roofing material installed.
Because it is now so late in the year and our rainy season it might be better to wait until next
June to re -roof this area. We have sealed the new roof and area the contractor has been working
r
on to prevent the moisture going into it.
Tom Bell, Bells Roofing, has given me a very rough estimate of $30,000 for re -roofing this area.
The City needs to plan on appropriating funds before May, 1993, to cover this cost.
KK/kv
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Alyeska Pipeline Senv.ya
Court ruling sends
strong
message
i
1 �. +r"s �.F a a �� v �•
Fight will be
required to maintain
property rights
victory
The U.S Supreme Court has drawn
a sough line that will likely restrict gov-
ernment regulators who oversee activi-
ties on private lands.
In Lucas versus the South Carolina
Coastal Council, the Court ruled that
individuals have the right to be com-
pensated when federal regulators deny
th,� �conom!c use of privy-lely-owned
or )perty. Th,? decision, handed down
n J.,ne, is Expected to ha ✓c a s gnifi-
cant positive affect on Alaska for min-
er ; and the owners of wetlands.
=rom now on, if a federi!il or state
age icy wants to prevent pr vate land-
own?r!; from using their land ,ender the
guise of pulAc interest," ttte govern-
mort must br, willing to pay compensa-
tion'or that d,,cision. said Jin,l3urlirg of
hf • Pacific LE gal Foundation. PLF tiled
;i 'r brief ,ri -he rase.
oath Carolina c.ieveoper
ltg acns� a state law banning any new
r�o T � r,uii imi l along a strercii of coast-
"From now on, it a teder d
or state agency wants t
prevent private landowners
from using their land uncor
the guise of 'public intere -It,'
the government must b '
willing to pay compensat,on
for that decision. "
- James Burling
Cussy Reardon o, \; - ,o talks with congressional staffers regarding her permitting pro blem:�,
with the U.S. Arr, -, s of Engineers. The Lucas decision should help private prnpert,r
owners deal wit^ . , , 011,77ent agencies which regulate development on wetlands .'See
related story on c�� �; __ (Photo by Oebb,e Rea �.ana
line.
n 1986, L <:. L;;cas .ourchased
two lots in coa, -,: S . ;ith Carolina. At
See aria:,, ; on page 4
tr.e time, the lo;s _,t subject to the
slate's coastal = dinc permit re-
quirements. Hove, ; 1 9E 8 the state
charged its iaa,o , ,. red _ucas from
erecting any structures on his prol) �rty.
which is located adjacent to ex sting
homes with a home between ttr ! twc
lots. Lucas then filed suit again t the
state seeking compensation torth( !ana
under the Fifth Amendments 'tak igs
clause.
In the 6-3 decision. V w Court ited
that regulations which leave the cviner
Of private land without econom ails
rCont,ouec to p,rae a)
Alaska Wetlands Coalition statewide tour
Community leaders target "rea€-life„
problems of wetlands policy
Message from
the Acting
Director
d'y
Debbie Reinwand
Cussy Reardon stood on the edge of a swampy stretch
of and near Nome and sl• cok her head in disgust. "What I
wanted to do was fill about 10 feet by my iot.rse .... to shore
up the pilings. My house has shifted four irche)s overtime and
i 'r, causing major structural proolems: I'm lor,ing the invest-
ri,nt I made in this home.' r-he told a group cf congressional
r t, ffc,rs brought to Nome by the AlasKa Wetlands Coa.litior.
When Reardon concluded by describing her stack of
c orresponcience from this U.S. Army Corps, of Ergineers,
wl Ich denied her request to place fill, the congressional
t<_,ffe rs we° e appalled - and ready to take <act;on themselves.
Poinfing to a small, idle bulldozer, one of them joitingly
E uggested the tour group take matters into their own hands
t.nd f ll the small area for Reardon.
i he frustration conveyed by Reardon over arbitrary and
unreasonafale enforcement of the "ro net loss of wetlands"
policy by federal officials was echoed by community leaders,
private developers and citizens across ALas�.a, as they met
with tie group of 20 congr:: rsional staff mE}mf>ers and others
wt o participated in the tourth wetlands tour organized by the
Ak-Isk.a Wetlands Coalitioi
7 he AVdC was spearheaded by RDC in 1989.. following
tie release of a. Memorandum of Agreement mandating "no
net loss of wetlands." Alaska, which has used less than .050/0
of Its wetlands in the la,-1 century, is considered the best
tF-ward of wetlands amorct the 50 states. C)tl er states such
as California. have used rrlc,re than 50°0 of the:r wetlands and
E -io net logs policy mak�sr; more sense ir, p aces with high
wwlands losses.
.since its inception, a major goal cf the AVIC has been to
'he Resource Development Co,.J^: (RDC) :s Alaska's
Vic;, President .........
arcest privately funded nonorof t economic develop-
Sec etary .... .... _I...
rne,it crganizai,on working to deve op Alaska's natural
Treasurer .......... .... .....
res ;ones in an orderly manner aid to create a broad-
P,rs Presioent .. _.......
cased, diverstied economy wh'e crotecthng and en-
iar- rc the environment.
A( tr a
Kicking up their heels at the Iditarod finish arch in Nome wet (trc, t
row. It to right) Vicki Hicks. PerryAnne Buchanan, Lyn HE pit a, -,,I
Lee F)rsgren: (back row) Joey Finley. Ken Freeman. Dav d Dy:
Marge Carrico. Duane Gibson, Jim Mathews, Dave Whaley. :?ebb ,�
Reims and and Kim Duke. (John Handeland k .lotc
educate congressional and federal leaders on the va s'nes_;
of Al�;ska's wetlands: the high amount that has bee'' pre
served in federally -designated wilderness. conservatic - t sy:--
tem units. refuges and parks-, and on the community rE «,ds Iri
the 41)th state for further expansion and economic de4elo:_-)
ment.
C,n July 14, 1992, AWC staff met a group of co ;Tres
siona staffers and squired them from KetchiKan to 1 lorne
Bay t) Juneau, Anchorage and Nome. The messac(e th t.
was emphasized - perhaps most effectively loy individu. { s I:ke
Reardon - was the insanity of a national "no net loss' :)olio;,
applied without flexibility. In the case of Reardon, a lic ?tin- e
inves,,ment is slowly sinking away.
Ir Juneau, the infamous middle school was again a tr >
highlirlht. As many RDC members may recall, the schc N hac
perm t problems last year because it sits upon a `to =Stec:
wetla ad," even though there is approximately a 70 c ,ogre:e
slope o�i the tree -lined hill selected by the City and B( r� ouc,
of Juneau for the new school site.
A'ter more than a year of teeth -gnashing anc arrr
twisting city officials were given the go-ahead to bud tr
schoc-I. But. only after architect Cathy Fritz shifted the � �rtir:,
struct..ire 15 feet to accommodate an anadromous fish area-i
deerred important by the Corps. Fritz reported, howevi tl�
(Contmued to page 6)
.......... ,ames L Cloud
........_ .. �cctt L. Thorson
.............. .. Kyle Sandel
................. J )hr A L Rense
Staff
Director ....
Direct
nistratve Assistant
_...............
Ca :nwrocatons or
h,1e ben Services. Director .........
..............
Sta?' ,Assistant ..... ...... _......
C rft-e Reinwand
...... ..Carl Por.man
Mich -le PendricKson
...... K mt:eriv R. Duke
_._ . _ N,iry oav, s
Resource Review s the official monthly pubh it•or:
the Resource Development Council RDC is Ic . rted
121 W F reweed, Suite 250, Anchorage, Al,
0 ,� 270-0700.
Matcmal in the publication may be reprinted
permission provided appropriate credit is given
Writer & Editor
Carl Portman
:E>. r
L
I « ;e J RE ;GURCE REV'-_','J / August 199:
Thoughts
from the
President
by
Paul S G!avinovich
Seizing an
o�or�ni ��aty
Over the course of the next several weeks our fellow
Alaskans it Juneau will be given the opportunity to demon-
strate their willingness to accept mining as a responsible and
&ppropriate use of the Stwe s natural resources and a recog-
ri:.ed means of diversitviiicJ Juneau gove,nment-depen
cent >>conomy.
Alaska, it appears, h i3 not escaped tie 'not -in -my -
ha,: ky arc' rnalice which .r; strikingly common to resource
prcje.ts in the Lower 48 he they a water reservoir, power
plant, mine or oil field. In the case of in -place resources, if they
are to be developed, then t,r7ey must be developed where they
arcs fcund. We cannot move: a rT inera' deposit or an oil field
to a more socially-accepta11,1e iooatior,.
T'ie City and Borough c' Juneau planning commiss on is
commenc:ng final consideration of a permit to Echo Bay
Mines to reactivate the hip;toric A,J. Gold Mine Fully opera
tional this mine would provide 450 new direct jobs and an
estimated annual payroll of 22 million to the Juneau economy.
For a community whose very roots are entwined in mining,
and in fact the downtown ectcr of the community is con-
s,ruct?d upon former A,J :Jlings, the dec.is;on tc proceed
would seem obvious. Sucn r, nct the case
A number of inc ividuais and groups, some of nat onal
a'fil!at on. are opposing the reac:ivat;cn of thisformer mine.
It �s critical that those Juneau residents that st.ipport the mine,
and tt ere a, e many, make that support known to the CBJ
pla Wing commission. The C"3J decision of the reactivation of
tl-e A.,I mine will undoubted,, become a barometer for future
resource development in *ni_-, stale.
M.inv A aska common ties ;cave little in the wav of a
piivatf, sector economy an l attendant tax: base tc support
their(:rowiml demands fr.)i education, utilities and social
w3ifar; programs. Given ':rie oaportunity to :,uppert and
pi�:rtici;:iate in responsible r(:ssource develoor-i-ant, too many
of tl ere very same communities, however choose not to do
c nc istead turn to and u�'ly expect t`-fe state io pr )vide the
eg.;is to tunas for these ae'avitie and fac; tier
hF cl!ninc, State revenur -> arcs a fast ar'd (:every Alaskan
pt that as respon ible ndiv!duai . As a collective
cc v)e must increasin,a y become cont' butors to. rather
it rc c!nems of, the rnan,• !,��rvicesth�itar(, no,✓,funded 100
r ?r t r� -h , ')late A dive r :-Aiec ieso irce b 1 e would be a
i ic_a rc -heat o rection.
diners urged to
oppose legislation
repealing dining Law
The Alaska Miners Association (AMA) is askinq its mere
bers�tcrossAlaska towrite Senator Ben nettJohnston :.hair
man .of the U.S. Senate Energy and Natural Resc,arce�
Committee. and urge him to oppose legislation that ,,culc_
lead to the repeal of the General Mining Law of 1'872
By itself. S. 433. sponsored by Senator Dale Bumpr. rs. ;
a simale piece of legislation that could be made to wool once_
certain problems are eliminated. However. Steve Pore!
executive director of the Alaska Miners Association,-•:arn,
that `:.433 is a ploy by Bumpers to get a t)i!I throuc'i It -
Senate.
Tie Senate bill would then be sent tc a confe once
coma ittee where it would be meshed with much to ;gher
comp anion legislation from the House, H.R. 918. Minet, fear
that ai of the bad points of H.R. 918 would then becom- la .:.
H R 918 repeals the General Mining Law, adds air ��igr-t
percent gross royalty and eliminates patenting. It requir - is air
annual holding fee that starts at $5 per acre and esc< ales;
over 25 ve-ars to $25 per acre. Miners warn that the bil! s,oul;J
make it virtually impossible to undertake hardrock m !;era
explorat on and development in Alaska.
S 4:33 is not yet out of the Senate Energy and N,i:urai
ResOL roes Committee. The AMA object,ve is to stop tf � bil
in corrm.ttee, preventing it from moving on to the conference
Comm ttee.
LE tters opposing S.433 and requesting hearings o,. the
legislation can be sent to: Senator Bennett Johnston, Se late
Energ ,/ .and Natural Resources Committee, United `--t ites
Senate:, Washington. D.C. 20510.
American energy
investments, jobs
going overseas
Th domestic energy industry invested ap,)roximate 17C
percent of its exploration capital in the United State- up
through 1987i. but today more than 50 percent of act
investrients are being made aoroao, according to the tI.S.
Depart Tiont of Energy.
Wi-h few incentives to drill and burdened by restr; rive
legislat o,i. American oil companies are investing S33.t, b I-
lion in overseas energy markets, a 9 1 percent lump fric 1 a
year ac o
(l-'OnrinbOd ro page .T)
Court
F r
Supreme
ru-es
Landmark decision should help Alaska mine
;Continued from p it;f 1)
beneficial or productive options for its
usc;, carry with there heightened risks
teat private property is being pressed
into some form of public service under
the, guise of mitigating serious public
ham In truth, such requirements are
merely the equivalent of a,,)propriating
land for public use. the Court said.
Justice Antonin Scalia wrote the
decision for the Court, say rg that the
Analysis
only time compensation reed not be
paid to a property owner is vhen use of
Me, property would create a common
law nuisance that would give a neigh-
bor the right to stop the n )xious use.
Scalia was careful to poin out that a
real nuisance must be involved.
Burling said the ruling is a major
victory for private property owners and
it <Ihould help miners who are having
their operating plans turned down on
ecological grounds by the Nationii Pa�,k
Service. He said mining has peer
stopped in the parks primarily fc r ae:,
thetic reasons and to a lesser xten
habitat protection. Burling note tha-
the ruling should also help we ands
owners. including some Native )rpc-
rations and the State of Alaska. der
with the Army Corps of Engineers, ivhicr
regulates development on wetla ds
"Most of the development oil wet
the posh -Lucas challenge to private
by James S. Burling
Alaska s property owners can thank the United Slates Supreme Gourt for making
And yet the South Carcrina Supre-
their lives a little bit more secure. Everyone. including private owners of wetlands or
that he was entitled to no compensai
mining claims. Native corporations, and even the State of Alaska, can be assured that
the law was designed to p,even; pur,
property rights are mcr; secure following Lucas versus South Carolina Coastal
friend of the court brief in su:;port of Mr
Council. Once again, the Court turned back a challenge from advocates of more and
Court, we argued that the e is no s4
more regulation who had argued that there s some sort of "public interest" exception
Constitution.
to the Un ted States Constitution.
The Court agreed. As ustice Sca
In 19:22, Justice Holmes wrote in the landmark case Pennsylvania Coal Company
if the law claimed to prevent a "pubii;:
versus Mahon that a government regulation that goes "too far" will be considered a
legislature has a stupid striff." The
taking. In other words, 'A hen property is regulated too heavily, the owner might be
need not be paid to a prope-ty owner i;:
entitled to compensation. For many years, however, regulators ignored this lesson, and
sort of common law nuisarce that wc_
the courts went along by -efusing to grant money damages to owners whose property
use in court. Thus, just as �. person cc!
was regulated to near wcr-hlesssness. In 1987, the Supreme Court put the regulators
filling in a lake which woul:J flood th<
on notice n Nollan versus California Coastal Commission and First English Evangelical
regulation to prevent the s me harm
i ut,'7eran Church of Glerd,t/e versus County of Los .Angeles that excess ve regulation
nuisance must be involved .Just as a
could '.tak,?' private property annd thait money damages must be paid.
resembles every other hor°.e it a FIE
In the wake of these cecisions, the federal courts have awarded millions of dollars
declare land to be "open st.,ice anc e.
in damages to property c,vners who hav=, ceen injured by excessive regulation. But
For many years, enviro imenta sac.
some stat courts have d:sregarded the ' 98? decision. The most common excuse to
has no duty to compensate :,woors cr
icinore those opinions is that there is sore sort of exception in the C )nstitution for a
the government regulates tl� 3t la-d rt:
regulation that purports -o prevent publir h::rm' or protect the 'public interest."
these arguments. Property ov_,� rs r-
Davd Lucas ran h, ccflong into this so-called "public ;nterest" e<ception to the
responsible manner. but ccrverrme7
C:orstrtuticn after he bough- two vacant lot ; +yn the Isle of Palms in South C::arolina. After
regulation that "takes" the Flu of yc.
f.'r. Lucas bought his prorc'.rty, later valued a' $1.," million, the state pEIssed a law that
will attempt to argue that ei�-rytliif
pre,.ented him from building anything of value on his property — even though large
and that when an'vvalue is ��t it ;.
t-:�rr,es had already been built on the lots s,-xt tc and between Mr. Lucas' lots. The
new litigation will await prc,< rtr 1Nner_
c,-ry istaticn to the value i)f these lots w�is co great that a South Carolina trial court
to fairness has been remov- c
c �c ared t oth of them to hq totally vvorth)sbecause of the new law.
:2 4 MIS,)URCE REVIF'.P `Auiiust 1992
t(az),var Of Property rcEghts
Native corporations and owners of wetlands
lands,s not going to cause a significant
nuisance, 'Burling said. €f the owner of
a wetland is denied a c,,c: rmit, he now
has a right to sue for compensation."
However. Burling predicted that a
fight will oe required to rnairtain the
victory. He warned that regulators are
already arguing that they can develop
legal theories to get aro.ind the plain
meaning c,f the Supreme Court's deci-
sion.
,perty rights
:ourt had no sympathy for Mr. Lucas. It -uled
-ecause the South Carolina Legis ature said
arm. When pacific Legal Founda'ion fi'ed a
:as in air aopeal to the United Stater pup eme
°1!rrg as E "r)ublic interest" excep ion to the
jt it, the rule that no law could create a taking
rm" would amount "to a test of whether the
continued Viat the only time compensation
,n use cf the property would create the same
dive a neighoor the right to stop the noxious
ue a neighbor to prevent the neighbor from
:7hborhood, so too can government pass a
Sca is was careful to point out that a real
,il or cannot claim that building a home that
crhooc is a nuisance, government cannot
:;t r~ot to pa,,r.
ites hale br en arc;uing that the government
;n is. nil �lif�> habit -at. or mining cic. rns when
,vion T h Lucas cecision helps put a ha t to
st:il use their land in an envirorrnewally-
i io icmier escape liability for excessive
,f c:c>u•sr . we can expect that egul�;tors
interest is some sort o- uisance,
c:a t rye no tak ncl. Thus, it is c; stain that
ur _ but at IE ast one signifc tnt nt,rdle
The Lucas decision should help Alaska
amners dear with governmen! agencies.
Burling said regulato s will try to
redefine the law of nuisance by ex-
panding its definition. TI-ey will also
claim that compensation need only be
paid when 100 percent (if a parcels
value is destroyed.
"Regulators, will try to (,onvince the
sate courts that nuisances now include
everything that is mildly u ipleasant or
aesthetically displeasing." 3rirling said.
"We expect them to argue 'hat the defi-
nition of nuisance prevention should be
the same as 'preserving tie public in-
terest' which would mean whatever a
regulator says it is."
Burling predicted that the battle will
now be taken first to the state courts
and then again ultimately tc the U.S.
` iiprernc� Court.
Bili Horn, Technical Acivisor for the
Alaska Wetlands Coalition n Washing-
ton. D C , agreed with Burling that the
ruling -epresenis only orc step in the
w..11tt direction.
"The Lucas decision is a clear sig-
ii: l tha: the Court is moviml in the right
d rectu:rn 'Horn said. "It's a very impor-
tant sfi.p which strips awe y the auto-
rnitic nuisance defense he oovern-
rn,tict has been hiding benind for 50
years.'' Horn added In that s nse it
demonstrates the court is mo , tn� n
willing to rigorously examine 0-;ims )t
'takinas.
Prior to the Lucas deCisio! i there
was an extensive boey of cE c e la,v
enabling regulatory entities to rnen" y
invoke the concept o' public nrsan" e
in locking uo privately -owned 'anc:;,
Horn explained. But the Luca dr-�c -
sion, which basically represe its tl,e
judicial recognition of private p :)pery
rights, finds that "simonle invoc� ion of
the public nuisance doctrine i; imw-
equate in insulating governmen 'roar a
takinas claim,' Horn said.
The Lucas ruling v,il not or.l , ma-<s�
it easier to get a takincs, claim tr _ m Vie
court, it will make it harder for a c !vern-
merit entity to defend itself. Ho i air.o
noted that government regulat : y ..=ac-
tions do not have to represent a �rm -
nent taking to warrant compen ,atic:r.
Under the decision, the privaL( pro.
erty owner can claim compensa on f, r
the period that he was denied us of his
property.
Lee Forsgren. Counsel for lands
and forestry to the House Inter. r and
Insular Affairs Committee, said "tl :�EPA
ano the Corps will have to look :it tt;
impacts of their regulations on .rivato
property owners before taking :,Arta i
actions in the future."
Although its too early to gac ;e t�%e
effects of the decision on legi� l.atior,,
Forsgren said it does appear to mtt .,
the private property righ,s provis )ns. rt
H R. 1330, Congressman Don , oLnct
is the co-author of H.R. 1330, the o1,I1
prehensive Wetlands Conservati r lingo
Management Act of 1991, The I, tisl,
tion is designed to save mill -I,-,
acres acres of private and state land iro�r
unnecessary wetland eciulaticr r I
clear up numerous problems in tl c.,
rent wetland regulatory system. e
currently has over 175cosponsor frol_r
members of both parties.
August '1992 RESOURCE -,EVIEW "aa(� 5
Congressional
wetlands tour..
(Continued from page 2)
w iE n III was said and done °he Corps felt the ;stream should be
moved anyhow and when site preparation began it was. "After all
that tuns about the importance of this stream, they had us move it,"
s is Fritz. shrugging her shou'ders.
In Ketchi�,an, the issue of `lexib lity and co nmunity expansion
v: acain reiterated by boro x;h leaders. .At Point Higgins School,
cr r) : , isrors viewed an are owned by t'ie bo ow:ah and selected
to o opark A seemingly i ncontroversial propo;;al. the ballpark
ci ri!ti no process has taken most of the s,.mmr sand no perm t has
,E t t.,e�:n issued.
T e common theme tha' Alaskans h,:ve f rE;selnted on these
Hey. ,,roe have needs I k,e other common .ies in the Lower 48
tit, nil. ed for new sewer syst ris, ball fields arid schools -we also
E e; e:;onom cdevelopment 13ut, one thin�a we cn t have is a huge
l o of ,vetlan:Js like other slates. so don't punr;h us for their sins."
l e Alaska community leader!- like Junet.0 M�,vcr Jamie Parsons
ro •h�a assembly, Nome I`A yor John HJndel end and Ketchikan
it, w,ry F3orzunh Mavor Ralph Bariholornew diri :a superb job in
-;r �, ,?n'no'"real-life" situations; that paint out the "tepidity of a "no net
oss pohcY that is enforced „vithout consideration of individual,
�c--nunij,� and private setter needs.
Pert c:pal:nq in the 19E? tour were Joey Firiley. legislative
asszr tag? to Cangressman Jr
Hayes: .Jim fvlathews, legislative
ass .Aa-�t to Congresman Thornas Manton: Vicki Hicks, legislative
sssr..tannt to Senator Quentin Burdick: David Dyo, minority counsel.
e 'ntorior Committee; Dx-,e Whaley, I-iousc� Nlerchant Marine
x henes C(,mmiltee Lee Forsgren, Congressman Don Young's
�3ocnev Ploore. Congressman Dor Young r: office-, Duane
u. on Semitor Ted Steve:, s off ce: h.,"argeCarrico, director,
:n,_I Wetlands Coalitions PerryAnne Buchina.n, government
e a. ors d!,ecicr National Wtiter Resources As -of;iation: and other
"rvlae sector representative
_K C and the Alaska Wet �wds Coalition are proud to part c pate
re these irforma we tours anti appreciate the support
-t c -,r that make it possible for cis to in,luence congres-
r ill raoers wno will be work rig or this folic,, as t untoids i� i the
i )r Jo;!r; i,,indeland
(; tour
C.:,A'r?S eW ,7
w)me.
Photos by Debbie Reinwand
Ketchixan Gateway Borough officials speak wch congre, ::ic,,
staffers at Point Higgins School. site of a proposed n�ili parr: ors
the permitting process
Landing in Thorne Bay are (left to right) Marge Carrico, pik t Lyrr
Herdt, Mike Joyce, Larry Kast, Joey Finley and David Dye.
'ter• .,
41
77 04
Ali
Wetlands tour participants include (front row. left to right) Lyn 4erdt,
Rod Moore. (Middle row) Mike Joyce. Joey Finley. Vicki Hick. s Kim
Duke, land Lee F orsgren. (back row) Ken Freeman, Dave W i, vei,
Field work in
Thorne Bay
ncludod this
foreste;Y wetland
neara nr3tvschool
site.
Larry K, is visits a
clan t,ouse at
Totem ; 3icht Park
io Ketc,^,,loan
P.ES _)URCE REVIE'V, August 1992
RDC supports Park Service proposal
ne F-esource Dl opment Council is, supporting a
OC '0" proposal by thr:> National Park Service to build up to
I t� p,�bic t1se cabins, ccoi<ing shelters and other improve-
nr;nt.n four park units in Alaska.
otter to Ann C rr::iellinrt. Superintendent :o Kenai
=faros Nat oral Park. RIi(_; President Par.il Glav,novich said
li�� Proposal would improve facilities ants 2iccess to Alaska
),:rk urilt s rnd help stimul.ite tourism.
np pr;aposal calls 1c the :,onst-,uctior i>>f a new public
j�;e t ab!r zit Exit Glacier n; .ar &�warci and three other cabins
n outly rig areas of Ken.,i Fjords Nationa Park. The cabins
ire , renclod to provide new visitor opportunities while en-
)tncing pt.blic safety in rernote areas.
Exit Glacier. the Harding Ice Field and the Kenai Fjords
,oast are becoming more popular attractions for both first-
ime visaois and Alaska residents. Manv visitors and resi-
dents pref( r overnighting in cab ns, opposed to tents. consid-
:lr ng the unpredictable rieather.
'Of coiase, some will cppose construc°iurn of public use
,cbills anc other visitor tic lity mprovem4:,nt,;. but conside-
w
r16
Exit Glacier near Seward is the only glacier i,) Kenai Fjords l . ticnrl
Park that is accessible by road. (Photo by Carl f'n'tmar:
ing the fact that 33 million acres of nationai park la, ds i•i
Alaska are already designated Wilderness, those rerr'umn,q
area:. such as Exit Glacier. should be managed to al r;w to
opemtions catering to a wide variety of park users," GIL inc,,
ich srid.
Oil companies looking abroad, investments up
rCont,otj >d from p<�]ge 3
(; Ru..sell Luigs, Chairman of Global 'Marine Inc., said
,hztt nis company had recently moved three drilling rigs and
sold another into international markets betcause the U.S.
narket has been diminished by legislation and policies that
il�ive burdened the ndwAty with high risks c,nd costs.
The L:.S is busy kicking the oil ndus;V� i in the name of
ac'iievino (nvironmentai acid economic c dje,tives while the
East of the world is scraq-bling to ure oii investments to
a(nieve p ecisely the ,arne objectives.' Lugs said. The
abal fJarine cha rmar n-)ted that oil cc)mr:)aniE:1s are no:v
�xpcsed to unlimited pollut on liability whi e tl ere executives
3•e sublec? tc criminal pry > :!cut,,on for accide-ts iDoyond their
,r:ntrcl,
r.`Iajor oil, companies are nct just scalricl Lack operations
r the U S. they are abandoning domestic operations, laying
hundreds of thousands of workers and selling domestic
),opertiQs to fund interrationa' operations. Luigs said. 'It
sr t any ,vonder chat thc, oil inet,stry is fle ro the U.S. with
j, ccremoricus haste. Wi r t is a wonder s 'I�at there are still
a !e,"., eece it rigs ieft in U . wa'(?rs. But U,e) too %,ill go. and
3_ tf ey cc American jobs; anc Am( rica,i taxpayers will go
h them.
.As 3utoinobile manur< cturers and tl e wess complain
�r ot.t tr-e iiroads foreign companies have made into Ameri-
,:n r larKer>. the United States hassurrencered some 300.000
c.,:)s :c an shores to develop oil and gas d,?posits abroad.
--situ rig ;o Linda Stun-,, Acting Depu'✓ creta-y of the
a"tment of Enerrly. This str'King Icb loss has come
Km rise of doni develop'new ;stunt- noted.
,i_r, ? G8?. the dcri Istic oil irdus ry ".is >teen a 45
percent reduction in jobs while the auto industry has ha a ne,
gain of 75.700 jobs, primarily because so many of t -e s;
callec. 'foreign" cars are actually being manufactures n tfrr
United States.
F aiiure to develop U.S- oil and gas resources 1--i thl,
Oute Continental Shelf (OCS) is largely responsible' or tfrr,
industry s employment reductions, Stuntz claims. She E_ ,rinte(:
out thhat OCS drilling bans have also cost the nation 3 !)illior
barrels of oil and 10 trillion cubic feet of natural aas. In a, ldition
to the loss of the valuable resource, U.S. Treasury rev. nuts,;
have dropped from $10 billion in 1981 to S3.4 billion it 199(;
a 68 percent reduction.
The Department of Energy estimates that the de elo;.
ment of oil reserves beneath the Coastal Plain of the Arc, .::
National Wildlife Refuge would not only supply the U. with
both oil and gas for the next two decades. but wouln reatt
500.000 jobs. Though eliminated from both the Sena , aiid
House ,.versions of trie energy bill. the President hasorc, mist rd
to co°ttinue to raise the issue of ANWR in future Iegis 3tlor,
F.leanwhile, at least 60 western oil companies are ien.
tiatin 1 directly with former Soviet republics to establ t 0 !
vents res in the development of oil and gas fie cs Of tht
oil ai'd gas fields in the Commonwealth of Indept scent
States, at least 100 are considered giant cr super qi< . t
F,,s western companies line up to do bt.sness v. tt-t
Russians and other foreigners, drilling activit ✓ in t,ie l s ,t
its lo,,vest level, primarily due to restrictive I&jislation
by C sngress. Offshore drilling fell by 41.1 percent th ye,!
alone. ?nternational drilling activity increast-d :, r nc-c ' (
perct,nt. taking, up the U.S. slack.
Augur, 19S:_ RESOURCE �EVIEVJ'ar,: _
51
NA
Cc �11Ill1Tllllt'llf ISA QUALITY THAT KNOWS NO
mI[)I)I-F GROUND. IT's HOVZ'VGF.
WITH FRESH I:)FAS. IT'S HOW WI:
1 M E ()L;1; 1.1\'ES ICY CAPITA. 1LING ON OPPOI:-
1�l
I�U �ITI�=S "IHA"I' :ARISE FROM �fj�fllc ff
TODAN"S ,A1.YI'SKA PIPELINE A I'RODUCT' OL 15
YI-:A►-:S Of= C( )M�ti�II�ti1I�N"1', CHALLF.1v.C;F, ;1ND CHANCE.
Alyeskapipeline
RVICE COMPANY
The Pipeline People
9rs:�urce Je. elopment Coin c,'
r VV F,ro,v,vd. Su,te 250 BIk Ra
U S Pool.
.q.vEca `� 1';i ;111 .1351<v��iOl
h Rai emcn:
CAN ii �'ChUC
c)L)ol'l
01
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The
4
UC StOrALV%ple
Jume No. 2 A Newsletter of the Alaska Mum I cipal League August 1992
JUNEAU READIES
FOR CONFERENCE
lurit,Liu i� one ( f the nicst bcaijt'[Ul and
C05111(f:o1i:an cities in Al,i4-i. It i,; a gra-
ciou, wmicipx:it, vviOi small to,v i Irierid-
plced%% itllllleexciteTllent L
t.,te cipirl- 1, regional cc w, -r, and
tr)Uri,,t 3t1i,icUorl. Alma. ( 30'001()
peo:-1 � ivt, it,, d'? City -,,rcl B ::T )u"11 'A
n (,.-i u, ni ikiii� i, one or AlasL, , 1,1— --t
rn,jil,( it :ill.le �1 hi e the %'n area
,,, ,(ei i ne,,ticd ketv.,ouri uik, mot ii-
t,l:ns ir, I he G,1stineatj Clix-11 '11,
etir)'l I cland )n Dou", as kl" I , in the
and 'CUt the' r --ld" , re
0,t a g, C,%,, inp t-ill-iti )rJ
and e( onomv.
June a i's piston is a rich one. i t -_) "v 11
1:) y!'Llr , old a (d %vas toundc i 5y
i1i,,li-rd i I.-irris lin-I jot- tmc, it.
Gold ninirg v. Lis :he mainstay of Juneau's
tronl 1 9,30 to [lie n'jCL I
)rl I wx 11 and the crisw, i;_ \-,,or[ c r
s or I a ; f, )rced tilie mines to cl,,,, i , Bytile
t e tiret,re b i ; mini o,)c?rit:(Dns (-I- me t( , a
halt I t 1,a s was ;in estal_)Jdied j,)nsP()r_
cti rit(-[ ai— had (L, (lmfi 1:1
iwete,tt in lidiin.;, tcurism, Dn, 1 DVel r, -
Went. 1 le l_'-Iover°ior',, 0!!.ce min cd from
In ThisIssue
F I I CILI( Llt'011 keform
Not(, ffom -he [L) I jf3i�
A %" I I f )v('(' t 11 le I I t o
2
Downtown Ju,,)e,lLJ combines the old tvith the new.
CAPITAL BUDGET SIGNED, CUTS
TOTAL $26.3 MILLION
i Governor Walter J. Hi k:,l Iin-
ish. -1 _,ah it, S,133 df33, the 1992 supple -
i eo[piopriLition, and cap t1-11 bud-
get !)&; w'ls just S'_)6 3 million I 1,s., than
api q: rino the
Fir,'- J 'i I S(_,sion. The total Ic
apt ni i'ltion %%,.is S 74 1 . 7 million, -,f -,% h ch
S -3 " I %.."-ls from the state general
fur, �.
I is I t 93 capital budget provides fund-
ing ror ()0. 1 million in education projects
(K- well as the University of Alaska),
541 likion (of which only ST)..) mil-
lioni-i I-
liois�,;te ;�enefa� funds) for
tior ail ;rejects, 555.4 million ir. pll)-
lic r C:
,inc 11,k:lun in water all'i '..ewer
1-uncli.,i,gfc)rtliesclioolcons,ructio,),qra:it
program, supported bytheLe,i,uothrou :i-
out tine '92 session, totaled o 'Jy
tiliod need, Governor Hic,,el made ro
cuts in the appropriation for .his progrt ,n.
Oil the other hand, he did cut legislat,e
appropriations for hospital constructi i,
v,'hich had also been identified byANIlt .is
a statewide need. Ketchikin's hosp -al
construction and renov,atiori:;-ant%%'as it
mill
ion, illioti,,irici,,IicS3riillioti,
.5
propriated for the Kodiak I:osp'til o i-
stl nctinn project was vetoed con"plete
It is dj!1iCL1,t to assess the I 1,172Ct Of e
5
in,4 requirements for dosic;nx.ed pints! y
(cont""'t.lec on page
Official Notice
1� > annual business mcetir,, cl,t the Alaska Municipal Lea; Lie Wi!l L? 11-1-:d at
Flail, Juneau, Alaski, at 1 :00 p.m. on November 13, 1992, a,'
Ll )c,i I Guvern ment Coi i for Once. M':lior'1'-'2;1J1i"CrllS
lion of the 1993 Po,ic y Stalement and election c I A,V1 C'iI-cOrs anci
c r, �1: q '_'r tl e upcoming ye.-r. ()illy colc-,ites From !-ienfl)�r m.w. ic! )A :ios in
"I'; (clues paid) are i "i 1 )10 to V0t('.
w—K,fi::3
t}1Ii(t'r5
tirilie t;�anitcin, Jr., President
(�.. ,�,� ,t1�rr,r„� rii�• r.i �ct��l,tr:
!<,)-live I. %%a:kcr, first %ice Pre—ielent
cdTli't ,Nicni: ( or iuncao
rank Hoye, Second Vice Presicicni
A.A,,Ti fy A1enic,•r, f airb.mL' hbrih tirir 1w ruu h
Jerome M. SOLy-, Immediate Past President
t n eu, XoJiak k l.ir,d BwLy�h
Directors
t1 assie Balluta Sr.
^sernh,y Alcrnt._r, lake , Pcninsul,i riorc) �
Mark Begich
b>emb,;y Mrmf •r, .'.ltlnic+pality ur ilr'�1;�r.rT
J C. Conlev
l<:cinhly A r..•ml-cr, Kctchik.in av 1 ir,: :,hh
L'ctly Glick
x"nhiy'Nicni ,,r, Kc-n.w P:nin>ul.i 1; ruu` li
Rr bert Knight
%Lyc , Cily 4'N
liri Kubilz
errih ,, "Jana-r, A1,mi, 3--,1ayc - _hcr.
'n rrn Lrccsquc
s i'ir.M�Atir>1r'_r, >,i.�t.�nu.ka-yu:r;ra I:crul;n
f'c n•:id Lunt;
,,,I ,it P.rrsuns
u •xi P<9rr
in�.,e?I Putcc'll
�:om-i11,)cmbw <;.•,: ull�,rri»nl.;
ire vr;e Cathr', I a,t President
, r.) ( v c i ; ! r' r
I ie itl,er I IN nn, Ia,l President
tavr;�>ly A1cr,VR ",l;,r,icrp�firyoliAr,r,w,:�
Dn othy Iones, I a,l President
ibsr'n•�h A1wnr,�, '.!,�t.tnrr��.i-�tra��;:r C��rcrr-�h
I)atl heck, Pasl I're,idenl
ilc"bcrt PV.O,rd, Pa,( President
Pool i I. (nr;.rn
Joamw D maid
Tom i lea
rl'�.,.� `,1r r:ru;:..i ` Lur,rxvrn•n, iA,.r.,.;_ ,.,
Str-h
Capitall Budget
'conUnuc'd 'ron) page 1)
(-tnec^and reducr d items in the
)we" er, Governor letter of
lr nsm tt,l mentioned that e, ch rantee
rr•„i been ,iskc•d to provide it formrrtion on
htv it intended to match poject costs.
I v; a< I:rleased ,.vith the lew._•I c,,)r— -
Ir°l lent t'w 1-12,,;isl� Lure, communities, and
ru.� n,zar:or�sshcwed and aFpreci:ae their
t,r derstandin of this import int concept,"
s- i tliie Governor. "It is n"r intent to
oduce legislation again next year to
I ; r vnently establish this concept."
;,_fearing to l''tough calls" he had to
1 1,_ke in evaluating projects, the Governor
ro-edthat"in reviewingthecapital budget
It °,as impertant that statetv,de priorities
L--e set arrd clr it decisions male as what
ce� �.la,,ka's government should be
iC;ng is citizens."
nickel cowinuE d this them _, in conclud-
ir—,Vithout other major rCVenue en-
ti ement proje is coming i nn ime soon,
AL ill soo:1 have the -_ i Oen-e of
I� nin hit. to a, ]just our kf:'st� ie to one
tthicn ate c,11`11 aflord. Imp(rt:nit in this
I.,_��s,.•,�ilbr're-learnin�theb,s:csabout
,,)� ern writ's responsibilities .o jt > citizens
care of whatwe halready,,
,iii;l ir-i ,sting wisely today trr secure the
(.:,:re. 1 think the final version , f the
tal kr„_i et tires some in this
irlctior.
"`eTouchstone
AML Board Meets irr
July -- Next Meeting
Scheduled for
September
TheA,'vtL Board of D,rr_ctors nu forl,it
first time with Executive Director Kert t
Swisher on July' 13 in ArChONIP.`iu•
special meeting was sci)eduled to �'.'e
Swisher, who began wcrk July 1 ha . (r
to get to know the Board mc.mbel, and tc
learn more about their concerns .,nd 4K
pectations. Amongthetopicsofdi� r ussion
were legislative strategies., conferer . e ph 1-
nim,,andtheAMLlnves mentPoo Bo,;ld
members approved the concept c; al e
Investment Pool and dir,ctcd sta'f : nci al e
Investment Pool C:omr,uttee to occ•cJ
with Its lncorp(Drat.on.
The Board will meet again Se'f temtr�r
11-12 in Kotzebu(' to review thr F1'li2
work plan and accompli>hments, : I)prove
a work plan and budgt-t for FY , 3, and
discuss and modify Lee,iAitlwe Cot niw, e
recommenciationsonth(•c raftl9r); Policy
Statement.
6 ■
Register Novi,
for AAIL's 42nd
■ Annual Local ■
■ Government Conference' ■
• Week
November 8-14
in Juneau
■ ■
chstoi;e is published n ovthf✓ fron) )uh, through (-'kceml,-r by theAl,;sN'a;Vunici .al
21; 'iecond Street, Scite 200, Juneau, Il!aska 99,' 01, 907-54'i6-1325. When i,e
,A,i �t,�.'e legislature is in ses ion, the >i�uchstone is replaced by the i1Vt. le
gislat �e
U.,c cq)y of each ( t 1;wse publicati,>ns is sent tree to Member Monicipaliti:
oc,, tes, rnd A .F1 iates. Ado�tional copies are available to memlxrs at a co<t of 535 �r
uc �t:on to the same AJ,aItional copies to ether adciresses ar, available ;
cost of S50 persr Non members m aysub',cribr• to it e louchstc: .
pc�r y ear.
Space is al'allable it � t 50 per co!, n Inch, and d1S000r1Is arc' a1�11ldble r�
r.s rrn;l for contracrs of ,r } tsar or loaner.
( = , -A) opportunities in ,V N member municipalities are published Ire,, of charge i s
. o ser. ice.
X%UTouchstone ■ Aw,ust 191).'
Comments Requested
on Education Reform
Vl� ha,t.a -tate Bul-rd of I-,!ueat on i>
a,f:in f i pul:lie cornments n re-om-
n enr:at;ins fo n'_'_,tnrcturing I IJIAc edu-
cui -)I l h: pre ;owls v. ere elegy: t:-loped by
th:� Stltc Boaril, Conuilissioner of [duca-
ti,ic,J� rrJ tnc,,,;lridAlask;lZ(`i)U, :roue
ot1')itA kaII a,,pointcdto:,[Udys(hool
isle rn 1.
T n_, proper,,ais will be discuss,,d drain,
an n Aun;nlit in Anchl _)i on
Sep e nl er 1.1- 1 i. U. S. Secrc.a;y of Idu-
c<li L .m-Ir.,%-xinder.Covw1-orl%aIter
1. 1 i.ct,ei the Sate Boa.r_I, Ct,t)lmisslcner
Cove, and Alaska 700O conim ttee mom
it; rr v, ill atterlc. The pul)lic i_ :' o inr ted
to car urgent at ,11,�t tii. GDn,1nents may.
3I,cvenor<Uctob� r5,vi.l, lecorifer-
enor -rc Le:,i JXive lnforni, 'I. n O f-ces
and o hr r sites around the st,'._,,
( I(,,' p( l J: 15 In, Lade, anlothers:
of t.l. ">pt.'rcerltofar itiivicual's
�r"� :,ncr�rr nca tt) cxcet ,2UU per
ig scho�-)i ltwJiwq on Ill.- r,_nrlb(2r of
h, )I is ;cadgers ate wi:h Si r,-ther
th:m O 1 the I t,n l)er of schc.il da) I.
'Dn,..,ional sehol- price in-
cfr'x tc zu_l;r art equal tund I fcr ,eo-
r;rlthi ail; d ver e di>tricts
I tl! yin ; tm.l;tCi1 tilt, `�rst 1!"I's O a
t 11?Ft"sc'oll ceducationtl�roughthe
states publI, scl:ocl tour: ,.;ion pro-
et,-vYear I�ilcrt pro�'i tii,itvvould
C v t:'�ac Iles -Ind p,-rents or;;rinize
t�) c a n schools usin star' 'undt.
I ,u st,lcf, nt,tnc!ossschCr;I(IisUi-t
lf)C,tlid hfie5.
r_s a ;li: hin ; state •sand; ids � 1 .<.pec f.c
-'cr areas such as math science.
t cl i( -.te master',, gu, I„ntee:t g
;M Al .;nd al.,'
'��r, rla ,'s for teacher Ccrtif <<it.ion, to
I I c1, 1 ,,1 i_ adorns,:ores:l:I national
1�II(, c>.,:n if inn anti _, a �e, r of
it ail x.) ri-lice a, an Irn.
\rr u, 1i tL is it r t n_ue
rl<II t Ia a IJ
.lf C !t I I1 a S1UU
u,fl i71t
A 1
Note from the Executive Director.. .
luly '.vas my first month on the job at A`1L, and most of it was spent in getti
a, cluainted with people an _i municipal issues here in Alaska. Meetings of the
aYOUC Board, the AIAL/JIA Board, the Alaska Conference of Mayors, the A, IL
I_t rislative Committee, and hr� investment pool committee plus "get acquaints
I mr_etm s with officials in a n .lnlber of boroughs and city halls kept me on the ro I I
tI rteen days this month.
have also spent time meeting with state officials and others to discuss Ioc,d
wern rent concerns as vvc go about preparing for the 1993 legislative sessic. j
'i I,, \% til certainly be a shall .'i no year, vvith a number of new members in bc. �1
tk H,;,use and Senate, t1 ? state feeling; a financial pinch, and many lo( . I
r, "ermnents facing serious. buds ,,et problems. ye- it will also be a year . f
of;)ortunitvfor Alaska'slostI(evernmentstoforgenewalliancesandpursuenc,r E
;•� als.
l nary, Ju y ,,vas a month o' getting acquainted with the work of Alvtl and JIA a 1
,I; pc::,pit, �vho serve as ycur staff. They are an able and committed group :f
and vve are working we'.I together v; ith an increasing level of comfort.
t h s tin-„,, preparz-, on is uncl( i for the Annual Conference, the 199:3 Legislati,
>.ior,, and imp ementation c:(the Av1L investment pool. It is a busy arlci ex
citil
tit it, at A'NtL. I'm personall,I looking forward to meeting more local officials 1;
h; s ness gives me the oppo'tunity to visit and work vwith you.
Pollution Prevention Roundtable to Continue
An a,__,reemert between the A laska Mu-
n r:i-,! League (AML) and the Pdasl.a De-
r: : ra c4 Fnv rormental Co Is:°rvation
( .I h.—, been sipned, assuri y contin-
ta for the NlunicipaL Pollution
F;oun"table. The R )undt,IUe
is,i trainii )r nun:ici -
p,lct I i,t:,o ncernedabouten ilonn,en-
t:-.,.toLomplyvviti:state,li
fc i� en ir- ,ncntal requircn cnt . I ale
n ..- ,,:ntr�aenasrtiti1L'sa� dA_n[Cs
c nt ) t 1C' Roundr.ab1 l r it
f � 't l�u.h lunc+ng is subje:.t _c�
c Tlru_)flli.Iti-)n each year.
stir)n ,t Roundt,wt, III
W1,1 be held tv ice I t2,Ir
c'ay:; each. Or hair ,Ix"
will be reserved for trainin-and discu;�Jon
on issues of particular ccncern to rural
areas. Another half daywikheset asr'.,for
issues affecting larger munic.pallties '. fug:
day will be dedicated to tra ning ai dis-
cussion on issues affecting all Alask, nu-
nicipakties. Participants are welcoi to
attend both days.
The next Roundtahle n c°eting v., r be
Septcnlbcr 24-25, 1992, nl Ancn,-_, i(2 =.
`dl AVit ,'.'1UnlCij_)3I OM1,11'r5, A5S07 ;es,
and riilllla;es are vveL=onit to attoli( tl-is
f, eevv or kshop. For more int -gut
„le Nb Mlicioal POLutio l PfeVCf 1 ICA I
hourJtable, call the Ala,.La Nturi fill
lea`,J at 5_)80 _13-15.
lvtl T��utlI 111L 0 Au:�ti,t 19')2
f', c 3
ALA A 'A
I�1 LEAGUE
t
i TASK FORCE ON GOVERNMENTAL ROLES FINAL REPORT
EXECUTIVE SUMMARY
The Taste Force on Governmental Roles, formed in 7991 as the result of an inilia live of the
Alaska Municipal League and the passage of NCR 17, recently completed its year -long effort
to sort our federal, state, and local roles in providing public services. The thirteen -member
TaskForce, which was chaired byformerAM1 Executive Director ScoI t A Burgess, was charged
with making recommendations to the governor and the legislature on ■the appropriate
public services to be provided by each level ofgovernment ■ the minimum level of services
that should be provided by government and ■the most efficient means of funding public
services. A summary of the findings of the Task Forcer follows.
Principles Identified by the Task Force
*The level of government teat mandates a pro;;ram or public
service to be provided has the responsibility to fund it.
"The state has a responsibility to assist 'vocal go% crnments in
complying with federal mandates.
'The state also has a responsibilirY to act tog(_tUwr with, or as
an advocate for, local governments in blockin:; or modifying
t'edoral m.lndr;tes that pace urrreasonabl,., ui;rdens on the
stat o and Its localities.
In wducing the state oper;lting bud'et, burir;ct cuts that
transecr costly bask servicf, responsiLlilitic - t, loc,-;l g:vern-
ments sho.,ld undergo cw,,.-al roviev.
' %Vhenever possible, state re- trictions on local governments
should be relaxed to prc,,., r.e maximr m IC._,J choice.
*State polic�makersshoulcin cognizethatpolici, srelating:o
public emplovees at the levr�l are not recf:•ssariiy appro-
priate for 'nLINIC employees at t,re mc.nicii_al Level.
*Povcf-tv related services s i-,uld 6o finance.' at the highest
level of �oovernment possible because the p,)or are least able
to pay for such services an "i r he level of go%Vrnrnent with the
boo: dent revenue base n the beet psition tf,) act as
provider.
,oneral public health ca;c, is also must pri.tely fi-
n.inced at highest letc! of gDvernnlew p .�JLb,..- where
o,enllrsu °sot availabilit,,,access,ancicostccr:,,irimentcan
best be i&!ressed..
* fl,e costs of em ironment,il ren,etatio i are b,, t funded -It
f e highest level of government possib e du,a tc thei,pots n-
J,:1 ind the po.,-,ibikt•, of eatern,ilit!.r", L(I., more
lean or..,, it ri5diction may a'fected.
*"f rrs°ate �,�:I�iit,atedtopr�..�rlefcrbas. ~he.�ltl-,educatiar,
if d set, I -es Icr all ctlzef s.
`., c;�Iz('I; h,_)u!d bear a iai° poltror] , f the c! t for basi=
1, .11r 1, CCIL.ind pu ,hc pr.)tect;�)n sc I1,Iccs.
I•.rr� ��, In fi ml�r✓ele`L,isicFLblic,e[W0� l,ats'could
er c:Aivef -cl
r, �ff�_�led i�. =m r unr it "llW,'
r,rI inrunl less,i (batik services, eu.lranteed b�,
f Ik,c:_ endcnv,hatic:af �esic'f n sare
_r rk ci,'ncV _, ,I 'rc_ourt.lbilit.�, f c,live ., of
I S
most public services should be maintained at the local lev-r
unless there is an important reason to do otherwise
regardless of which level of government provides ftmdin;
*The administrative and fiscal capacity of individual mu-
nicipalities to provide particular public services must b
taken into account when sorting out state -local reasons
bilities.
*The state should investigate alternative mechanisms for
efficiefit basicservicedeIiveryintfie unorganized Dorough(s .
*The stag, needs to develop a policy for determining the
apprc priate technology and scale of public wor ks projects
in sm,~Mier rural communir.es and a program to t,rovide fc
long-term maintenance requirements.
a *The state has n ongoing responsibility to encourage
organ zation of boroughs in the unorganized areas of t1w
state.
* Unification of borough and city administrations should be
encouraged whenever possible to provide for more effi
cient.ind cost-effective service delivery.
*The state with its superior tax base and taxing powers has
a responsibility to ensure local governments have sufficien
fiscal caF!)acity to carry out their duties.
*Existin., [_•rograms that provide aid to local governments
should be examined to determine why they were createc
and w ]ether those reasons are still valid.
*Formu as for distributing state aid should take into ac-
count ,ach Iccality's population, wealth, and local revenue
generating efforts, while remaining flexible enough to
allow 1c)r unique circumstances.
*The suite should examine its tax and fee stru--cure to
determine v, hether additional taxes and fees '- Mould be
required to fund state programs.
*The state should encourage localities (throw-h tcrchnical
assistance and remcwal of re,,traints) to tap new t.:z and fe:�
source, and to diversify their revenue bases.
*State proi,ranrs that provide payments to ind.viduals,
benefit s tc) special classes of citizens, or subsidies to specific
industr es or that intervene in private markets noed to be
reevaluated in light of a projected state revenue decline,
*A needs test should be applied to state. programs that
benefit sf�eCial interest groups of citizens.
,WL Touchstone 0 Aw,ust 1119:2
f:
Test, Fora' Recommendations on Specifi - issues
1�
,sl'o I'da opt'! p': lcy,>fc'.cll:xratc
re trains t(11,1-,(Tg nl.rnc'.110,>,)n Ic-A Ooverri-
r II,tm0111k Dc:)altrrle.ntof
r.
CI n ; nd F.A Cj, )c I .••,il;li fi,c;•I nut scn IC'', 1,Ili _ n th;It
aticct,nlII'cir)al CS11 inak, I11'Ico'uI'I1 `1.1tt g ct12
� z�In1;';t��, iI1 its cl�l.bcr;"ins.
Public i1rotection S", vice.: I'rovis I <t podia_,
pr )SC_ _,W_:I, and jail sc,'. ices calls fc r a c.111lllrchc nsive so:u-
ticn. 1 h1 sate i; not lil_iv to I e successful i'1 nl.-,ndaun, the
le, gl of p :I,II<; prot('C(IOi I x,wices Cha; loc, I l.� ': Qrmllents mu_•t
pr-)vide. All incentive 1-pproach, v,,hew the st,te provides
funs ins; oasccl on the :fumbor of poli;�c tl e ciin,Iin:;l
ca,elc�,:cl, I like',, to bc� more eftectk � mean_ of kcttin�
m Inicip:l'ities to renter pu'AC I r,I wspons
oI .tick. 1 nu Dei;a:unen' i l'ul_;I,cSalcty slogld ad�,f t a nnlc'n
to linconnl. icip; I'twslImtf .I -tof Mal ocal
pc lice ;c <;, pro,.1 rite crunlir 11s, IItl,� 29 should b
r�ibiic s of u',ifie i- 1aI�.
lit .11(? rr ie L01 -115 1.') ervi, ct f 'a; tot pii..lck,
Pr tC',-CI�.l,ll-it11 L>LIfCI '7U1:L1�'rli.'strl:I .I l_..,111:aC IC,
ar a ;lit_ r-<pon,i ,i';i[•. •1 �s,��kina t;roi.p c:i state ,'Ind I.oc,�.!
I_, - _sta: hed 'v d(eterm 'IC .:',Is()nahk� costs
to, t ,litie,,
Transporialion : Stag, cl;ry n1Ll_;t xid,,es
both ievcnlll' ai,,J resp� I;, billt,�' ISSL;C'S. S,)f:w fort 1 fJl Share_!
u��l ta�c� ��.��f,ld f:e the t�=1_'ferr ��J (undin al,, nlative I,�r L_;c,d
'aico. c,r niaint�nan�- �,esper�sl,I`ities� r; °tat. ,Dads. ih'
'A,)I,I f,,%Jpp
Plan, oitc,rs a reasonable al;creative for loc,d t,lkccr,;
maintcnancc rc�I:or-Ioilities on state road.. 11 Vo
grouk l reek c», ..d ,.,sated ill the State Trans!
offers 1 �ca �n�U'� .';ern, Inc for sortln thror . ,1 the n
of local -od Issues c'l an road am •naintcn
district stria. Each r,n;n�ci;gar, should cater ,-;c� .1 co act
with X)1/PF to ensure tflat state roads are . C�'W-ht c to
stand ,rd b,:,)re mamlonar,ce rc°shore. L it tic>.
Senior Citizen; Disabled Veteran Property• Taxfze iip-
tion: This program is a classic exxrple a ser.c isiy
undefended state mandate on r,iunicipaiitiI S that sh:,,IIJ
either b,� changed into a direct state rebate prc-,ram or n :dc
a local c,F:tion.
Municipal Assistance and Revenue Sharin : The I
lature shou!:_I consider combining the Rcvenue Sharin;
Muni( if -al Assistance Programs into a sin,;le d.s,ri'aution or
nlula h,it rc \vxcis municipalities for local revenge _;ener: on
and c )I.If;er.sates them for population increast.
State Tax Policies: The Task Force examinec r,vo state d,,�
tax aflefnati,es, a personal income tax and gewral sales pax;
witho ;t matting recommendations on either. It also stu _e:,
the re alive tax burden of households in /'\laska compare to
the Ti lt!-)n.l ,l`,'cra i'. t%tembers felt thit 1F' Ir,iorrt 1. )I)
cc,Iles e"I v;;Is important en0u.,h to pub11sfI in ti c Final R t:t
for re. is •v t_-, futnlreworkin <<,roups and taA, for,-cs I ivol%, i in
fiscal oi<y(ievelopnlento �ti-c. ;i1ln,varivusre.�.r:t, as 1:.
tivUS.
Cop;,_., of the "Final Roj):,rt of the Lisp Force on Governmental Roles," which Ivas rtrilten
by 8rad Pierce, staff tc> ti1 ? Tas1, Fa orce, nd published joint!/ by the Go ern or s Office cf
fanac;(,meat an(ftucl�ct aml theAlaska AfunicipalLea�;ue, are available from the Lea-ue. Cat!
907-5F(- 132 i to request ,) copy of the complete document. Comments on the Task Force
t'nclin ;)ring.�ipfes, am) r,,(ommendationsare encoura`;ecl. Please sencl)-our thou`;htsOnthi,
issues t,rto AAt', 17 Secona Street, Suite 200, funeau, Alaska 99801.
41, ether o the Ia,1, t, r c e on Govern, 11'I,t ll Vines
Sc ::tt;A. I �,., t cculi,, DiI: ,-t< r, Ala • a `.'t n ipal Leatiue, Chair; 5c n:Ito,; Ar!iss Stl:flu:e�.vsl i, Anchors:,e, an: Steve f r
i is rig, rk ; l:cpr(scntati. .< Ror-tn, r ar) l l,,an l,an,Akiak; ShrAt,yS;astnv. Director, Governor'sO;�iceo'
In I t ri_ I,t_onI 1 I ,iol t,ic;ir [ la'chf, c I-,rtnlc nt1_f �-ommunitl xw F c- IonalANiirs M,ivccrjoromc 5clt rdiakl n i
UI .,'1 I.c.•'.lfl i I�_hl�'. ,arla'�_r, (_Ity .Il )(i-�:1^h C,f lllf-l'au; CaleC 1'UIi,,�ti�l)I, i�1:Inapt., City of tafk t)f'.
".1u ,ch I, : f•,m,.r vctten, Porn,crMar_a':;�°r,,AkAutians Ea_t f .,roe h; Leu Slix Palms ; c _
I k.1lcJcratoi (Natives Stafftothe prc,ect��,ereEradl'Iercc,Go;ernc,r's(: c�
rI r -,n1 [it .Intl C1 1 �[, a rt 1itih,lz ` t_ hill I )(J',1ItiM211t of Co nirl rjmty 1wd I ticnal ��!fairs.
E
i
"�,1i i.,ucll�a"nc ■ ��ut;ust l')�)2 !'i�;�.� i
r%Jakc i lotel Reservations For 1992 Conference Week
November �;-l4
[)�,)nni,:l: 11IiadAuca',,.wcti1ieIndIII, n,„ ni-ir,Ir,tecth,It�'ou'Il'I)'J'<'your
pleft rr( d It )tc.l accenuno:l..tionl . I"u. Ii I; ',f f , V ii, btu held only until Oc [(A)er, so
`i' Cr�'e rOC'ili nUA'.'. Penh ber L) id,.`:)tik '�,',)t;t ,(1 an AML Local Go, erm)li'nt
Wook pllrtici:) ;nt tc ,ct r;e It r�ite.� . Confere lce hotel
.�tcs are ;c A throt �:.hout rl:'. "%' A'.
1Vcstrnark Laranof
j 12: fran{:!in' ur(t
Ah:k
T 'I_ pl One £� )-�i la- U'J70; `:.1 ' 5',C- 20D)
50 + t..y, s:n�;lc ur'f :,,,b1e
lVestrilark J rncau
Jt n: iu, Alask,i 99;301
T 1ph rio £> x) 51 1-iN'0; fine- 5£3(f- +)On
-ir;tb�r c,t I;c,)ms T;
12 tl;l 5J t tix, single or u'
Drillttlood LE)d;r
•1 it 'A I1IA,,1t1 y Atirnuc
It, r. ui
`f 1, )h inc
: u,IJ�� cal F�1 mu SG
+t,txide•tx.n( ,onsi.:uan,_:
n( . I i cul,le I a)on))
Gro.ikwater Inn
1 7 I Glacier Avenue
ne ILI, Alas,: i 99,101
2'UDO-476-2250; 907-5£16-6303
<LW ( J: 1:< U I1>: 'l)
its, S(lii +tax, sirn.;l0 or(Iouble; 570 + tax,
t1 i:l_
I: O - tax, civad (flu, S10 per extra person)
i'rospector hotel
;ti. r Strcct
T I,. i iionc. ,li (C 17f3 5,;66 ; 907-5£:6-3737
(.un� wV of Rooms: 50
t,) St3 + tax (dependin,; on vie�.v)
✓Va4an Hotel
It: is A!'s'.;l �i'itiO1
T, £ t`J-3a7-73a7; 907-r t3(,-1000
., r cf Pof)nis: 3 i
Pt( > )0 tax ,v,rh I,:ivote bath
�-;i) + tat: v. tit shared bath
1,:^,��
^�'-,r;; 1� Feu �!� a")(1r11,�,c �Lrnie
f) „ _ r
)"emb!y tr in
Council;nf ("'Y.c
�.7
n,._)!rector
of
Alaska State Archive;
Offers Help To Local
Governments
Each year local governments F1 =duce
many records documenting their f:>rfor
mance and service to ci; zens,. It c, n Lf.
costlyanddifficultto mina-ethese rf_ores
effectively. Help is available. Alask , Stat
ute 40.21.070 directs t )e Alaska State
Archives and Records M.)nagemcr Ser-
vices to advise and assi,t ixal f; .'er,
mentsin establishingrecoras managr.nen:
programs.
State Archives staff are l sappy to a >wer
questions from local government ol'.cials
about ili ng systems, disposition, elec : Jnii:
records management, and archival ten
tion. The State Archives maintains , 1)1(1
fessional reference library from whi, 'r to
caIgovernmentofficialsmavborra.v- ' )ch
nical pamphlets and publications irorr
professional groups are ava:,lable.
The State Archives also offers pit ica
Uons of Its own. Recor([� Mona'�e'=ent
Resources for Local Governmet i' in
41aska is a bibliography o public, aI,,s
.And audiovisual materials �.vailablcon;
private ot-Fanizations, feceral and -'ate
agencies, and Alaska loci! t-evernn- A nts.
Alaska Local Government Record, Re-
tention Schedules lists c( rmnon rc:ord
t,; pes and recommends retl,ntion an( dis•
posal time periods. Afodc l RecordRe-
tention Schedule for Alaska School I)is-
tricts provides similar irilormatio to
schools. The State Records Afanaaer ; ✓nt
Afanua1, while designed fc- state goy r rVI
n;ent agencies, is useful as a gui_'
general policy and practice.
The National Historical Publications , n-I
Records Commiss,on (NHPi:C) is the e rant
fundin ; agency of the National Arch s es.
NHPPC 0:ers money to local gov_r-
ments for records many en)ent and f t es
ervation projects. Cities a'Id other I cal
govemrnentsthroughoutOil, UnitedSt .e�;
h.I"e received funding to prep.ue rec,.ds
retention schedules, do pros--,nvation ni-
ci -)filming, and establish arkivol dcl . >i-
t� ries.
I or more information, cc -tact Virn iia
Nc°wton State Archivist, or L. r�
I I,bpshman, Archivist, 1 4"1 V"'IIlou ; )y,
At.enue, Juneau 99,1101 or phone (`:;7i
46-)-22i'0.
ANIL Touchstone ■ Aw,.t st i )'!2
l'eepin� in touch.. .
19u11iCipa1 Clerk,, Ilortored
Jeanne Donald, 00C, AE, City Clerk of the Cite Valdez, and Nhma Lisa
Dr- xler, CAiC/AAA Borough Clerk cif the Fairbanks North Star Borou°gh, hov
Wpn rea ntly accented v ran was oRF A Wumy o' Advanced Edu .ami of
the In:cnnatic�nal 1.1no ct .- .,r,icil»I is Cl\iC. The Acaden.y is the
,r(f s',iDna1 holy of n l kdp l cic""s %vk, 'mve connnuc:l their educationA
;cl ievementafterreceiva athe� trtlec1A!u l :, ACHk(U10designat:onRom
I,A" C.
Jeanne Donald, Imm,
i ,t l'; _sid, 7 ,: i tl - kaska Associaticn of Munki-
�a! Clc:r�a ('�� `.1Ci, Is S
At, &A of \ d _hy nirt c_ , 97V liming ben Deputy
Ch in&-,!y Clerk, DCPO
(101, Se' etar '.','nin�strative Assistant, at- 1, since
C;t, clerk. She is (�
f .. .,ew, ly sei% ing, n t l ' r'''JId Of DlreCtOr5 0f th 'Ala, ka
Mona Hsa Drexler, s,
.._, a rant mesa crl or .A;`. AC, has servA Wh the
ait,wAsNmWStarDar
;hOnce P 83C I k ishe"ns airedasDepu,y; ough
lc in Sh "w s narya
our Cle: l: in , 9V ; ,vue in professional anti ci', is
,rshe ,.,as r
_ ;ad c no c„-j q ;Ion 'IyalWe Women in r' not ON
� l 1991. Drexlerci:rrenh.
i 2acs as a `lien: h'r Cf Ilh'A`.1L t_e°ISlaCl1'e COr'lrlillt�_'e.
Gaye I. Vawghan, 01(
VAE, horough C ierl of the Kenai Peninsula [0rough,
a; been r"inco : Sn
nQ mien ber ; Ie of Ar'vance'i
ldt:cat�onicrher <onz.n.
I ;la1C1t:i:1'Or:and XntrlbUtlons.Vrugnan,
., her scnIA as Borotwo
! i k i hah "ne l A; , lAmi and F, rrbanls No q i Sur
i or JOYS wo to n&n
" _ To wx ITri _sa Bu on di, wx named"Al ,r; o,pil
1 �c e .;i
-.a,A', :n:.� e in 11)90. She is a I tn le
nHeinber and active par
;;art Dn thy A,A;L LI;is xku Commatee.
%1;. is int�-�re6red a pW ,ing rep; abc.:.t Y-Aw 6 ,t ppemnd in eomru: aks
J'01:nCi��iJ> J, rn io rl;_'' aCCO ,1n,15flrllc riri, , l7U':'lU1'P,lfJ�rOaCI)e5 tO f rGblE'r))
S .)wall,,, ,]( rIYll�es, r Jnx r w ec(i of ` yn, nil." IC' ',lirr ; is atc aN aid Ps -
riz<:ns FC'l t'Ittl1�k17G•:.')ati,�Ol',�Ol;.tr�rey', UhY'�'.'.1lUwork bVC]IgoL7
C'tic c' a' `)� �; ."�'f�i ;�':. CCG '; a 11r tc, :i`.
GSA interaciencv C atalot and
73
Schedule Available
TI _ t!.`> ._,cr ral5cn!_ n listr,;icn .In t, ra ,-:,CaMogandScluvAdchr
t . A.%i (,r ir,:l-.C;,.,[)% ih.-GSAlnteragcncv h hirlg
C"n'('r IYCc '10L'S t,l,NIV t r, � cou-nos UT Ki n—ah snzp, ar I local gooziment
ellli O)'-t and to I,--n 'Son en -.ObY wFh, cnllsus cHered In d is )'cVs
can . ,_CI nIC,: I :,;mq l l skills gov<'ninellt
n ,,I' n in. �,.,.�c n� err t, t;cr, tt r:cl, securii',, it I:,r-
t..;l
u I I (,lu WD Vx H c ,.� cr�� _ to Inter ncyCa and
'ILICt .�;.r_. .,25 1.fr tS,,,l1Ll,liJ'CO.C_allrOrnl.l�)-ilU-,.
Fa 1 t Lil�i, y,
Have an Issue?
Want ANAL Support?
Now Is the Time to Act
Do ycu wxo A,A'.L tv,.& a pr,
an issue adect ; plunk ipahnw? a s�_i
see a need for state',v:de )Iscusslor , st.i!'--
or federal policies that Have an "r u t :n
local governments% If sr,, maybe •U D�I
Your municipal eollea,�rr�-'s need : >
pose amendn•,ents to A .1L's Polic. S"xi, -
ment for 1993 or intrroci UC,- a rt�so r
consideration by the ?OR numb, s W -
in,,; the November conk rence.
Re501Utlon5 are one ^art of tl
leoslative pmgram. >11cniArs "I " r�t
to propose resolutions tc. Lae discus d an.i
adopteC in November shou.d k�k .. , ._
guidelines included in th;� lcrnial-sol,.-
tions procedure, a cop.' ci whic : is ,-
eluded "U this newslercr. Only) Law
pal Menibers, Affiliates, the AO,11- _ ,>isic-
tile Cornmittee, and the r%`.1L E , i,,!
D,lectors nay sUJ'mt rI',Olutions o t!l
membership.
Note that resolutions must be s :brnit-
ted (postmarked) to the AML oflce b,-
October 1, 1992, to be included -n the
conference packets. A rc so;uUon t I ,t is :1
the proper format but "as not A Am 1
prior to October 1 may roe introd ej ct
the inky sunon A the Tana a as .`,r,
cops s avallatre for parwipants a d t:
support of de!ecatcs frc m five it : rn!.-:,r
mumclpaktles attending the pol, sc`.
tion. Resolutions appro%ud by th,
sections �•,ill then be revie.ved bythRes::,
lutions C'ommlttee for recommer.lati:�r
to the mernbership,it the annu,:l b i,inc:,
meeting cn Friday, NovcmE?er 13,
,A1,:ny policy issues sho ,!d bead:
not in rc:solutions bit in -,hC POlicy 4L-.'::
meat, and mernbcr> she-,'d be cc7 l,idcI
ing proposed amendments to d a ;oo.
ment isv,ell. I SC"I
be sent to Boma naml_ns or pry,cs l
during the Annual Conte once.
lor,c.;nnlakeadi tererce--ple; tar'
to Tel W AML's policy p- room ar piI
nose dce ifed chan,;c-s or
hT,ean;guestonsonthc>,LA1LIc,,: i.,
Program ca po :c) Cn lenient f,r. ccn:
pleas_ ca l Ch,ls-al Sn',it I at %AIL ')O,
ilii-7 VA.
1111 luinh�,t,�rvc ■ Aut�u�t 1
ye
jUneau Io
the .,i;;tal CCU. kV.rn sta'c I l
.uri,,(i 11)1, Junw.r_: I
fc tI ,f 'rnnlen[ ;Ci \'It If1 tI
:nu�nt cL,ntinues tc,� p.o•, is c a b_
n��au s cconinipn b,.t Iwo o dnnw-
nt�, h.:s also become a re:',i--iril d : tribe
oo:ntlor i0t iiisa Ic. nSot�r:eaSt AI'l �..�..
M _�A I large chain stores i.:"T c lono
icwnt'y, addnq to the grov-h in the are ;.
1 d;ip sh_ pinS malls a:a vail, Ide K f
c-u• s'ioppu �,, pleasure. Icom•nuni;y
h,rs expande,.l accordingly, � ith rc., o-
IN In and con n-ereia l builMi ,, arc reL,
do is dcvel Twat",
I m isni iA he second lary- a ind i;try i i
JL n. ai , To c-anture the O'nMill of the
r, a g-,I.i n n,n� clays, :ii :ch r-'l1,I
tior h. s -)nc on m We dam a !wn Won c
d st,ic. %Vi iter tourism c t nco_rra; E I
v% It E ngkii v the nwnicil all; i,vnL I
din, ON sf:i upa. EngOcR si Alas chY-
! i, In : run; .nd sped; cul,:-en(r;'. J.
n,r,: r can als(, bO.lst of i loc. I _ If ier, i Iila!
Lip h, r.f.c• VC)n the SlIVer cial in tl12
dnt at t)T'.': inter
t I, n
'in n;;sa' nniakirgaCCL'I bac;int!t
.r,-ar arn,r. TIC,Greens&i:Mii_, t!,,
1�i ,s' si'.� ;n:rie in N( ! ,Ai -uric,,
Cl Ile I in on nearby
la =mold r-:ining and expl ;vatic i lix,:=
bN;_rn again thmagn the ; n its c f Ech
B ,% Explorit-on it the Sher_ ('reek area,
ju>t sc uth a c o.vntown J h.-au. Aks .
pemirary c aws hoe be t,. c on the D_
o is ,iir<r of the A-J ".tine do%ti rt0%% i
I, n� an.
l he kweararea supportact %e arts
crvrm.:n,�v. Th's inclI:des srr.-eral heatr r
a s,-f p`iony orchet ar opera
crWip rue rousr�rtists:r_i pu:> ishc°i
�.r1:,?lc,andt ,ctJriveisityo"Lssf:aSouti -
e.=<' Eiuncr(,,Iscfnu;sicio.risea,lr�e,
,Ile aL,ac':e t t!)e "O'Isk,. _':is I r-str— I
C',,..tr..,�_
ti% ns lus e. Cn is thI,
if 1 it
ih
Another Member Service from AML --
"I people are na ,,wam of We number of valuable resources aylil l :le
th; cu � h the Alaska Mu.iicipal League. In addition to the Legislative Bul,'c !gin,
��hich is produced dur ny thy: Loslati%e session, and our monthly newsy ter;
The To:lchsrone, pubis icd nr_nth" from July to Deceinbek ,011, offers scI I. r, l
ether informative puMa: M to members:
The ,tfunicipal Officiais Directory - published annually; providus frequc r-tly
re: iueste.l ir'ormahcn )n A!askan municipalities, includin, nan,es of city -nd
borct:ph off cials.
Calahm of .State Programs for MuniciyaMks -lists all state ndnunistc wd
programs of financial andlor technical assistance available to Alaska I. -al
g �•ernments; publishe I annually.
Municipal SalarySurvc y - presents actual salaries and salary ranges for Alask an
Val government eniplDyee.s; updated annually.
ANnicipal Clerks Hanr'bo(;k - describes the main duties and res�)onsibilitii. . of
ni,inici# clerks in Alaska and provides °how to" instructions for doing they 1 as
wdl as resources for of ;a;ning more inforrnation.
Alaska Municipal
Code Services
Ordin,tncc COLditication
& Supplcmcnt,itioii
Personnel M.muals
Adn:inistmtivc RUI:ti
C h.irtcr P,imphlcts
Lind lisc RcrmdaiRms
1'u,1i':tr L'vIV 1CIIn-V
L>.rulrl�, erne1 AC-crirrrcv
!".om["' Sc,/ IWI
AML i oudistone c Au^r- t P ' 2
Coming; Soon -- Your
ANAL investment Pool
Soon \I,-: I, k I'S 1`111.1:11 C I f),'Jjcs; st i I oo 1, 1 is-
tr Ct. , and CdUCI,:; giil al Cnd,I:1Ce
211 , ("EA VI) will1 af-'v., in .!!Is tri lent
c: )tiori Ala�'_f
It .,eItmi,nt Por,l. The Fc , 1, v., iciI wili be
f f :0'P0,Jt J III AL,' t.t, S1;0LIk' 1,i'
o,),_,r,)ticm Iv C_), i - er.
of
I, Cr- *It S,_1 V.'C,I -,U__L 1, 1-, 61 r(211, 1 i!v
r CC ISill'hl' tC I vo,,t ,heir ox-
t s vvi:l be opera r J by the A,',lL
Pocl, Inc., v,'i i nnanil,,eniont
F : CIC I, t_ly' ITIVIUSM1,21IL5 1: t [UtiC,11,11 S"?f-
,i es Cornpzm}. An Al„ �ri Lank .'ill
The I eig t ie,
'V.Iicn ha; been dk_�velor ri., t1w imt.st-
w fit po D lor tvv( ears and k--b-
bit-d for au.lvwizincy ieis!xon, '.brill I-
LI oV to_
2 i c n e ri Aron .�!zonii supp )rt
I It I- [I(,- I '1 0 11 : 5 1 en c r its r L! n i e I I o r
rd,, r t ;:ivelt in the' :D!, 71 f".1WI;� i-
t% " c!r I, r I C t, or 1: will 11,IV(I tO
s ,n c r i I il-M—e or reso I, On 11 .1thrOf I!-
i 1� it () f;cc -)me a rileml-( :. A fri Ddel fir
t I r (,I I I,, ' -i r I-( )r wsoluti I is le
i ( n AVL n I-11so [),-" r! of I,; Ie
r i,.i k, tiff p I C -,c " to I L � c,;kite 1 b"',
i-
ce :ty i 1 the summer.
Juneau
,1 1, tion is t ie J.jnC,]Lj Dot ,, is C ty M,j-
s('L -,I. The AwSeuni has in
..,ecf into j-s
f- 'r 1111 rleflt 1: 'C L! " o n on -11 t i I
o0t a r d lc, I -
tt rr,s c,i the corim
t,,,�'s mining
h st e,,Il;i lts H his-oric
and collcc-
ti )1;C`X:113 XICX"
Cl,]�!,_
I 1c'
) Hx( herv,
;C C', to i ofl-E -,-In Drive, \vll,
e1c I ed 'Is
I I as 1
Juneau I I -I',
It 'I hat'!
1 - 11.e I�
oho",
2 i J, I r r.-1 Local C,u,
j:mutt Con
2 IC, ti; "JJI
11 L 1"U('.
Alaska Municipal League
Associates & Affiliates
ACCOUNI INGAUDI TING
Rchl-ld, & Funk, ( I'As
( (,ttrcll & Con-oaoy
K*P,1,1G, Pear ,Marwick
AFTORNE) S
Birds, I Io[ t( n, Bittrier & ( I ic rot
Hf-j'lijuify, I l"s & Riorda I
Cr,pclard, I andt,,e, 13crim it and V.'olf
t),4s is %% fitll t fremaine
t IiAs, Boyd, Chandler jlconcr
I hor5ness Gantz Povcil &
Hrund,n
;emcn, I Liffis & Roth
Perkirs Co;t
Pfcs!,)n ihorilrimson Shidl.�r ",ates
HIS
Po!),:rtson, .1.1onagle & Las!,njgh, P.C.
Wohl:ojth, A,vctsinVr, ja.lm,,on X
13!vcht
COMMUNICATION
,%1as-.on), Inc.
CONSU LTINCYLANNI NG
Ah fj 1)cparlmcnt of Con rn,:rfity
,,da,i a U ki in of Lcononi
i )CVL11)I)WCr)t
/\hJj I )I, ision of Governmental
Coordination
i"Iaj,a M,Itv i Iblary, Afchis _s 3f-,d
M,acums
(jf),vv '.F),tv(,od and Compir,y
IDIJCATION[FRAININ,�/
IN FOIXZ,I,AATION
C onsor:iurn fur Alaska Iviur. cipal
I .,if In.,
I fiwi F. i,asniuson Library', Lji i,, ersify
ur-V.Isl,a f,iitbanks
ENGINEERING
Di' i r t;incc, jny, Inc,
omuM. '.i.mipmery Con ullim,'
[r�,.Jm.,ers, Inc.
Position Vacancies
City \bna(,r - City and Borciti-Iii of Ju-
n III. I h-, City and 13-001.12 1 :.f
I")1). is se( Cite
V iamcI, it,, "I n d B C, r 0 L 0 I'l 11 0a,j
1 431 0 F T E's I,- I I I), I het
is August 15, 1 The
Ci fit IIII-!terill, inClUdil 2 JII71JJ III-
11 JI t C( I t, is _, v'I i 1.11) 1 e I)% arit'ictin"
"s )Ii�ce, Room 20 I I
I; i S. Seward str,,ct, livie.,lu,
lio,;I. C,111 (907) 58
FINANCIAL S[RVICES/8ANKl'.G
Alaska ,Municipal Bon,: hank ALAII, t'Y
Oain-Bosworth
Fir't National Bank
Ceor.,,,c K. f3awm, & C(;rn.)jnv
1. C. Bradtord and Company
Lehman Br, Alm ,
National Bank of Alaska
Prudential Securities, I c.
scj`.I,t Bank
INSURANCE/RISK MANAGUVI NT
CIGNA Insurance
Ga;ljghcr I Icticrnan Imutance W44 I. Is
Northern Adjusters, Inc
Rollins Burdick I funter of Alaska, In
Willis Corroon of Anch wif.v
MUNICIPAL ASSOCIATIONS
Alaska Association of A- scs5ing Of:i( i fs
Alaska Association oft unicipil CIQ 1,s
Alaska Chapter/Amciic,,n Planning
Association
Alaska Conference of N-avors
Alaska Fire Chiefs A3so( i,,wn
Alaska ,Municipal Attorne, s Associat c n
Alaska .1.1un,cipal i iname Officers
Association
AhAj Municipal Mana rrncnt Asso )tion
Alaska ROCIL'ZitIon and Park Associat s n
Ncr',fi. Nortl)s%c5t kA,iyo:s Confercric
S0LJ:h',%est Alaska Municipal Confers cc
NATIVE ASSOCIATIONS
I lin,,,.t & I laida Indian I il,cs of Alas
OIL & GAS EXPLORATION
ARCO Alaska, Inc
Chcsfon U.S-A., lr:c.
RETIREMENT/13 IN [FITS
AlaJj-) Benefits, I 1c.
TRANSPORTATION!
ACCO%iMODATION
Alj:.ka Airlines, Inc.
_'Ne,im,irk I 1()tcls
City Clork!Treasurcr- Cityol`And,rrsov,
Alaska. The Cite o[Ai clerson, -', 1 iskli a
sccond Class city' (pop. 11 2() is ac
for the pos ;,311 ofc,[ u
I 10,1SLE er. Cohere CJC ;e an(]
ence In related kL id [,uerred.
cd,_,e of 113,1�1 Con I),,J I, C Send S!:f
ith Cover letter t,.): j,: IN, of Afiir
P. 0. Fo\ 3 100, An:ler s, t , AlaskI Y71:
Applicants should reEl, immc,i ate,.
S.-dary: DOE. Ci!l 1)0 -5,32-2' i
More iWormatio...
AS`,1 I-ich,lone 0 Aw,,tvA V.'
Municipal Caiendar
1upt -1 GP 1Tlainin mi ,i Oluln",,us, Ohio. Include, sessions
on , lt(.,ctiv , buC;;et peSentati011, IIXed asset 3CCOU11tin4 and
rcp� �t n��,;,�1�an:_ed . �� �. rnmr•ntal accounting, and iwerme-
ciiat,.� t;ovenuncntal ���:c (:ntin for information .al 312
Sept. 1 1 - 12 AMI. t,oard of Directors, Kotzebue. For more infcrmation,
con .,ct A;,Q at 907-5r1(:, 1325.
I Sout lwest Alaska %^ucicipal Conference (S`.VA,tiIC),
Dillii ;hanl. Call 907 55 1-7330 for information.
Sept. 10-11 Nor,il; NorthwestNl1:,c,r , Conference, Unalakleet. Contact
Bob � oote it 907-61-1-3 331 for information.
ief-t.lrstituteoff''un_cipalLa%vOffieials(NIMLCr)Annual
Conk<°ience, Edmonron, Alb(.:,rta, Canacla. Call ; 02-466-
547 lot inform Itiol
sect. `4-1 , Edu:_„lion Summit ),- sore i i;v Alasf:a 2000 C(,mmittee
and i)epalt nen- of I du:.ation. For iniormation, ..a 1 907-
I
Sept. 1.1-1 7 GFr;.r'-.Training 5eminar, San 1 rancis.o, California. Govern -
me ac_1aunting for non-accountar.its, investirg public
fun:is, intcrmed ate .;cvs-inmental accounting, public cash
ma! 1ement. for information, call 312-97T-4£306.
Sou:.,ast,_onferenc�,,S:ka,Ca11907-463 1-,45for
info-natioi.
-1 20 NLC i0th AnnUal Lc :al Government Professional, Confer-
ence, LOUGVIIIe, Kentuch.y, Registration Fee: S1 £35 men;ber/
S210 non-member. For more informati gin, write N;-C, 1301
Per;,,:vlvaniaAvenur' HAV.,Washington, D.C.2000-1orcall
20:! i?0-3170.
Sept.:'4-25 Pollution Prevention Roundtable, Westward Hilton Hotel,
Anchorage, Ala•:ka. Call 901-5£36-1325 for information.
Oca. 5 0 "Sti,,,! :;the i ng Famili�� L,, ki,.clving Cc:,mmunities A Run-
ay.,,,., and Ilon-eles- Vc�ath Conference". Spon.oled by
Dc owei, of h •ealt ar I Social S(- n ices (DHSS), Division of
F,!I i'. anc Youth S01Vicf,_ in \ncl orage, Alaska. I of infor
r.�a. r cal Pat'i Becl er, I)1 i'>5, 907-40 5-2113.
Ala_L:�. Rulal 1 i ald) Conference, Regal Alasi.a I fact,
Ar Fee: S 1 fole tieutem c,r 16 and S 1 -,5 after
S.•1 nix It>. ._all °t( tla wJ20 for informatio I.
Nov. t -1.1 A11t. LOCAL GOVUPN.tiiENT CONFERENCE WEEK, JU-
NI,v1). For information, contact Ati1L at 907-5£3(,-1325.
Alaska Airlines Offers
Discount
Alaska Airlines will Ufcr partic ;,anr_
P,;11L's 42nd Annual local Gov • nn;:n.
Conference 1Veek a special deal c r ticks. t
from anywhereAlaska'sjets ilv in ::estate
to Juneau (commuter cr�nnection , arr, not
includcdt.
Inthev;akeofairline'�arerestru_:unn,;,"
ebtaininl a real discount on fares .vas not
possible. However, :.laska Airl nes ha,.,
indicated they will offe, :'�`,',L Cc r:"eren �a:
Week participant`, the 21-11y 1,Jvart::e
purchase fare (QE21) on tickets FL chases
up to three days prior to travel, wit,lout tile
Saturday night stay -over requirert<1nt.
The meeting identification nt.rnbcr is
C6A00.13, Alaska Nlun Cipal Lea,., le, and
the fares will beavailabl.- Novemlt r6-15,
1992. A limited nuniber of s_ its are
ati a`lab;e under the QE 21 fare b,; .is., arc:
once reservations have been mad,-, tickets
must be purchased by midnight he � �I-
lov. ing day. As of late J 1.v, the Q 21 t:, e
between Anchorageanc.Juneau w s5311,
frontFairbankstoJunea,j,S396,,i ISI-15
from Barrow to Juneau
Many thanks to Alasl.; Airlines
Send in your
nominations for i-he
Excellence in
Local Government
Awards!
AAAL Touchstone ■ Au-,�, 1 1`)
Alaska Municipal League
42nd Annual
Local Government Conference Week
November 8-14, 1992
ADVANCE REGISTRATION FORM
(Coml;rc re separate form tor each delegare. form may be copied)
%ML Local Gc cmmcrt Confer nc�, Nc�veml^r 11-13, 1997
Nc,,tly Elected C;`'licia!s Seminar N...,vember 9-10, 1992
Tctal Amount Enclosed
NAM E TITLE
NA,'AE OF SPOUSE/F('IEND (if registc,rin;
'.1UNICI PAL ITY/ORt;,1,NIZATIOV
ADDKESS OF MUN'(_iPr,uTl'/OrG�,r�i
Re.:;istration -e
S
S—
CI i r STATE ZIP CODE
F nm:1 this !nr m n.us Iell to Vaska ;%,L-mcpal League, , -1 7 Second Street, Suite 200, Juneau, Alaska 9980
1,9.,ke checks payab'e to the Alaska P.lurucipal Leag;:e.
REGISTER NOW - ADVANCE REGISTRATION SAVES TIME AND MONEY!
REGISTRATION! FEES
Advarrcc° Re_ istratior� On -Site Regitration
(postmarEled by October 28) (after October 28)
AML LOCAL GOVERNMENT CONFERENCE
Novernber II-13
1.1em )cr... .......... , ... .. 1:18 S22,)
t on-nu,mlr r . ............ 240 S27'�,
>l uu,Eif rich, uuMn-mun cip. C,f!Jriall .. 11 U S13.`
NLWLY ELECTED OEI ICIAIS SLMINAR r-�,p,ir�te feel
N'ocnher 9 IO
1 ... ....... ... SIC(; S1
... . S',6
i .• me �• ,n o. rr.iuon c n use 1c cal C,'�ern=n c r:o ;'� rence 1�'eek and the l:er�'il iected C_i'; ri,�'s Sens nar, watd> tc,r Jhe �1!„'L (oust
"le ail J spF,:-I,ii :Omi'rer)Ce bulletins or cont:i -t ,%,' QU :)u�i-1 i -).
'JO RI I UNDS WILL B[ MADE ON PUGISTP.ATION7 c;,�NCELIED AFTER NOl'E,4113[R 2.
1.ArL7<nnl��lcmc ■ Aw--tist 1 192
Get the Fax --The Plain Paper Fax --
at Special AML Price
k"AL has recently nopotiate:_i a group purchase arrangement and is pleased to offer its
moribers a di>count price on ;:-plain paper fax machine. The Xerox 7024, available to
V 11 members at a discount price of S2,425, offers the latest technology in fax machines
and the• convonience of regu;;)r cut -sheet Pape'.
n addition to offering Ati1L riembers a reduced price, Xerox will accept sour current
ta> r ra :hir.e in tr.cle and apr v the credit (amou:tt varies) against the price of the plain
papr.,r model. Xerox will aL;,; prov cle a one- ear warranty at no charge.
=cr more information, or t r order your nev., plAn paper fax at the specia A10L group
purchase price, call Dan Johnson, alarketing Representative, Xerox Corporation, 907-
_)fi6 8133. G.� sure to ment,an that you are an /%ML member!
late wasting
pa%
opmer?
Stop throwing money away.
Get a Xerox Plain Paper Fax.
Sure your themial fax started out �,, ,t real "bargain" -- but add ul r
the time you waste r• copy ing �urlcrd thermal taxes before you
can use them, and you have to a>k ho-1 much does r really cost?
,)a,, c tunic. mono and paper � ith V: rox 7024 fax. For more
-snfnnnauon on the dill linr of Pidin P.!�Vr f.rtc, and the eu!us1v1e
Xeio\ Total Salist.r,non Guaraniee, t sr=urauthorucd Xerox
r� presenrllivc fod:!s
EMVroX 7( 24 cfnly S2425
S[,cci,,il F"r'Ce lcr A�11. Members
A Iho ed
Sales Agent
1 —
XEf<OX , is a t,aoem,irK of XEROX CORPCRATI(,N
Conference Week Plans
Taking Shape
As the time for the 42nd Annu 3l Ats1_
Local Government Conference Week
draws nearer, planning efforts are under-
way for the workshops, policy sE coons.,
general sessions, and networking oppor-
tunities that make Ati1L's annual gaatering
of local officials valuabletoeach an I ever;
participant. Conference Week a.aivities
begin November 8, when municip it asso-
ciations start their annual rrreetir:;s and
training sessions. The Local Govei nmert
Conference itself will take place r.,ovem-
ber 11-13. Most Conference Week t:,vents
will take place atJuneau'&Centenn,:rl Hal'.
A,1AL staff members have enlisted thre
assistance of the Conference Pl 1,nnin
Committee, representingAMUsAt ,liates,
and municipal associations, to clevelop
topics for the workshops. Some ;f tho
topics currently under consideration are
performance budgeting, investment. strat-
egies, the Americans with Disabilit es Act,
the economic impacts cf fire prot-ction,
municipal international relations, fi heries
issues, and the Open Meetings Ac!-
Members were also given an of portu
nityto help shape thecorference pi ogram
by completing the "Help l'Ian Your( :)nfer
ence" form earlier this summer. !f you
want to suggest a topic for consideration,
call Chrystal Smith or Julie Krafft r t 586
1325.
The 42nd Annual Local Government
Conference will open at 9:30 a in. on
Wednesday, November 11, and co ,elude
with the Annual Awards Banquet n Fri
day evening. Earlier in the wee K, the
popular Newly Elected Officials SF -mina,
will be held, the Alaska Municipal t l.,ague
Joint Insurance Association will hcsld its
annual meeting, the newly created Alaska
Municipal League Investment Pond %ill
hold its first meeting, and the mu icipal
associations will gather.
ls4ark your calendars now for JuneQU
1992 and plan to meet your coil -ague,
from all over the state a- Alaska's I irges
annual gathering of local governmei t ofli
cials. Registration and hotel inforn ation
are included in this issue of The iwuch-
stone. .
See you in Juneau in Novembe-'
REGISTER TODAY FOR THE AML CONFERENCE!
r,,, e 1 '
AML Touchstone ■ Au,ust 199
217 Second Street, Suite 200 • Juneau, Alaska 99801 ■ Tel (907) 586-1325, Fax (901 463-5480
August 6, 1992
TO: Mayors, Council and Assembly Members
Managers and Administrators, Municipal Clerks
and ;
All Interested in Alaska Municipal Government
FROM: Kent E. Swisher, Executive Director
As the newly appointed Executive Director of the Alaska Municipal League, I take great
pleasure in sending you a copy of the Final Report of the Task Force on Governmental
Roles, an effort that resulted from an important initiative undertaken by AML over two years
ago. It is exciting to be here in Alaska just at a time when there is a real opportunity to
help redefine the roles of state and local government, and I know that the work of the Task
Force will provide a strong underpinning for that effort.
AML is sending one copy of the Final Report to each Municipal Member and Associate.
Please feel free to copy the report, or call AML if you need additional copies. As you will
note, the Executive Summary of the Final Report is also included in this month's edition of
The Touchstone, the AML newsletter. Ilt, too, may be copied and distributed in any way you
like. We are hoping for a wide distribution of the findings and recommendations of the
Task Force and extensive discussion of them throughout the next few months.
The League will be focusing attention on the work of the Task Force during the Local
Government Conference in Juneau in November, and it is possible that several
amendments to the AML Policy Statement may come about as a result of these findings
and recommendations. I hope that each official within your community, as well as your
citizens, will read the Executive Summary or, better yet, the entire Final Report, to think
about these important issues, and come to the Local Government Conference prepared
to talk further about them.
I look forward to working with you to further the cause of local government in Alaska, and
thank you for your ongoing support of AML and its activities.
CTF:trans.806
Me rr,ber of the Nationa! League of Cities and the National Association of Counties
Alaska Municipal League Policy Development
August 1992
Amendments to the AML Policy Statement and resolutions passed during the
42nd Annual Local Government Conference (scheduled for November 11-13,
1992, in Juneau) will shape the';legislative program of the Alaska Municipal
League during 1993. The following information on how to make amendments
and introduce resolutions will help members prepare to take an active role in
the policy development process.; Please retain this insert for reference and
follow its guidelines.
POLICY STATEMENT AMENDMENTS
Amendments to the Alaska Municipal League Policy Statement may be made during the policy sections
at the Annual Conference. Municipal officials should review the existing Policy Statement and
amendments proposed by the Legislative Committee and Board, which will be available in late September,
and review them with °heir fellow officials prior to developing amendment language. Proposed
amendments, with ')ackup discussion, should be presented, in writing, during the appropriate policy
section, and adequate copies should be available for distribution. Only representatives of AML member
municipalities or associations can propose Policy Statement amendments. Policy Statement amendments
approved during policy sections will be considered by the entire membership during the Annual Meeting.
Policy statements differ from resolutions in that they express long-term or continuing statements of
principles important to local control and local government authority and efficient and effective operation.
RESOLUTIONS PROCEDURES
A resolution is a statement of Alaska Municipal League intent to support a specific action on a significant
issue affecting municipalities. Resolutions are intended to address specific and timely issues on the
federal, state, or regional level, or for Board action, that are of significance to municipalities.
Resolutions are introduced, debated, and adopted by the AML members each year at the Annual AML
Local Government Conference and are published with the AML Policy Statement. To be considered
during the conference, resolutions must conform to the following policy, procedural, and format guidelines,
which were adopted by the AML Board of Directors in August 1937.
Resolutions must be postmarked no later than October 1 to be reviewed, accepted, and included in
the delegate packets the annual conference.
POLICY GUIDELINES
Resolutions shall, in their subject matter, concern shared policy and program needs, issues, or
problems of Alaskan municipalities and shall state the problem and relief sought.
Resolutions shall be concerned with state and federal government or AML policy, and should,
therefore, address state and federal or AML policy issues.
3. Resolutions shall either expand on or supplement existing AML Policy Statement language.
Resolutions shall neither contradict nor conflict with the Policy Statement.
Resolution.,shalt not compromise the independence or integrity of individual member cities or
their ability to pursue any course of action adopted by appropriate municipal policy -making
bodies.
page 2
stir, not ccml ronuse the budget -making, Grogram -determining, or priority -setting role
pcsclutions sha!! be restrictec' to action -specific issues and issues of some immediacy and shall
t;c a ;+dress :d to the Governor, Legislature, President, and/or the Congress or to the AML Board
cf Directcr:3
Ado, ted resolutions shall become AML policy and shall have general AML support, but the
sponsor and other interested individuals are encouraged to follow up on the resolution
individually, especially if the issue is not an AML priority.
8. Resolutions differ from the policies in the AML Policy Statement in that:
a. Resolutions shall address specific issues rather than general policy. However, a
resolution should not be so specific as to address specific legislation by bill number.
Resolutions may address regional issues, or issues affecting individual municipalities, as
well as statewide concerns
C. Resolutions shall be in effect for only one year. They are intended to address timely
issues such as current legislative proposals.
PROCEDURAL GUIDELINES
Only councils and assemblies of member municipalities, affiliated municipal associations,
affiliated regional municipal organizations (comprised of municipal officials), the AML Board, and
the ANIL Legis;ative Steering Committee are eligible to submit resolutions for consideration. Each
resolution submitted must have been approved by a formal action of the sponsoring body.
Because it isdesirable to have the resolutions undergo the same scrutiny as the AML Policy
Statement and so that members will have an opportunity to consider the resolutions carefully, all
resolutions should be submitted prior to the conference. All resolutions properly submitted by
AML members must be presented to a policy section fcr review and approval during the annual
conference. his revievr is important to ensure a sound and representative policy and to avo`.d
duplicat.cn ttr rl conflict vrith l the policies of the AML Resolutions submitted by the AML Board
and the Ate Lt _egislative Comrn.ttee may be reviewed by a policy section if the resolutions deal
with policy is s;.res,
3. Resolutions must be postmarked by October 1 prior to the conference to be included in the
delegate packets and considered during the conference. Resolutions must follow format
guidelines (se>> below), be typed, and include the name of the sponsoring entity.
4. S!aff v.,:11 rev erj resolutions submitted by October 1 for form and return incorrectly submitted
resolutions to t l,e sponsor for corrections. All properly submitted resolutions will be assigned by
staff to the appropriate policy section for consideration during the conference. Copies of the
resolutions prc,r.erly submitted will be made available to the delegates in their registration packets.
5. iesolutions r ,t submitted by October 1 may be offered n the appropriate policy section for the
nemb(-�rs' coy i.!,ideration. Hov.ev�. r, the sponsor of any resolution presented directly to the policy
�;ection must) ovid�: 50 copies cf the resolution and it rn.ast be in the proper format. In addition,
�o introduce E3 r_'solut on in a L o'icy section the sponsor n ust have the support of representatives
r,f five (5) mernit;er riunic�palit es in attendance at the policy section.
rj. l;esolutions %%i 1 be reviewed, d,2batF?d, and acted upon by the appropriate policy section.
: ponsors of pr,: perly submittc.:d resolutions will be given an opportunity to discuss and support
ticlr re:_solution:> at the policy ^section.
AP.1L Policy Developmen* Procedures - 1992
paga 3
If approved by the policy section, the resolution will be submitted to the Resolutions Committee
for final approval as to format, duplication. and policy consistency. The Resolutions Committee
will meet follov.,ing the policy section meetings. The Resolutions Committee shall consider only
resolutions recommended by the policy sections, by the AML Board of Directors, or by the A'.1L
Legislative Steering Committee.
The Resolutions Committee shad debate and act upon each resolution for final recommendation
to the membership. The Resolutions Committee shall approve, amend, and approve or reject
each resolution passed by the policy section, note its action, and, if the resolution is approved,
send it to the business meeting for consideration. If a resolution is rejected, the committee shall
prepare a brief written justification of its action and forward that information to the business
meeting.
The First Vice President (incom,ng President) shall appoint a Resolutions Committee because
he/she will have to work with the individuals and resolutions during the next year. This also will
give the person experience in making committee appointments. It is important that the members
of the Resolutions Committee, as the 'next -to -last tribunal,' be individuals active in, and
knowledgeable of, the AML.
10, The First Vice President shall serve as Chair of the Resolutions Committee and shall appoint eight
(8) additional elected and appointed municipal officials from the Board and Legislative Committee.
11. Only resolutions approved t.;y a policy section and the Resolutions Committee will be made
available by staff at the business meeting. A resolution ;hat was passed by a policy section but
rejected by the Resolutions Committee may be brought to the floor of the business meeting at
the appropriate time if it meets the follovving conditions: 1) it has been signed by representatives
from twenty (20) member municipalities; 2) an AML staff member has reviewed the signatures and
approved the resolution for reintroduction; 3) 100 copies of the resolution (with the 20 signatures
and AML staff approval) are available for distribution to the delegates; and 4) delegates from
twenty (20) voting municipalities sponsor the resolution fcr consideration at the business meeting.
No new resolutions (i.e. resolutions that have not been considered and passed by a policy
section and reviewed by the Resolutions Committee) will be alloyed at the business meeting
unless they are resolutions from the Board or Legislative Committee.
12. All resolutions adopted by the membership shall conforrr: to the AML resolution policy guidelines.
FORMAT GUIDELINES (see sample allached)
1. Resolutions must be postmarked by October 1 to be reviewed, accepted, and included in the
delegate packets for consideration at the annual conference.
2. The resolution shall be typed in the proper format (see sample) on 81/2' x 11' paper.
3. The name of t•-e sponsoring member municipality or association and the date of submission must
- be indicated in the upper right-hand corner of the resolution. Each resolution must include the
statement 'This resolution vr:s approved for submission to the Alaska Municipal League
7iernbership tl-:y the governing Lody of [name of municipality or association] on [date]' in tale
over left-hanc corner.
4. =rich resolutio ! submitted must indicate that it is an AML resolution and have a title that identifies
°he issue. Thy t is, it must say 'Resolution of the Alaska "Municipal League, Resolution No. xx-xx'
:rid have a ti:l,�, beginning 'A Resolution ...' that describes the issue and intent of the resolution.
Tl!roughout tr c: text, thn2 resolution should indicate that the League is taking the position
advocated, r.o a given mun:rJp:lily.
5. At least one 'V;hereas' clausa stiou!d identify the policies in the AML Policy Statement that t!ie
esolution add�osses (i.e , exp�7rds cr supplements), if applicable.
SAMPLE RESOLUTION -- SAMPLE RESOLUTION -- SAMPLE RESOLUTION
Follow this format
Introduced by:
Date:
(name of member municipality
or association)
(date of submission to AML)
RE:.,OLUTION OF THE ALASKA MUNICIPAL LEAGUE
RESOLUTION NO. 93-xx
A RESOLUTION URGING THE PASSAGE OF LEGISLATION
REQUIRING THE STATE TO REIMBURSE MUNICIPALITIES
FOR THE COST OF ANY NEW STATE -MANDATED PROGRAMS
WHEREAS, 'the League urges passage of legislation that would require a government agency
unilaterally transferring responsibility for a program to a municipality or imposing regulations on a
municipality to reirrnours.e the municipality for the costs of the transferred responsibility or regulations'
(Alaska Municipal 'eague Policy Statement 1992, Part I Taxation and Finance, F.2 Reimbursement for
Responsibilities Tr,t!)sferred from Stz:te), and
WHEREAS, state aid to municipalities in the form of Municipal Assistance and Revenue Sharing
has been reduced by over 45 percent since FY 86, while during the same period the overall state general
fund budget has been reduced by only 10 percent, and
WHEREAS. along with the reduction in state financial assistance there have been increases in
state -mandated programs that take the form of increased costs, new programs, and funding shortfalls for
existing programs that are costly for municipalities to administer and implement, and
WHEREAS legislation affect,ng municipalities is considered and passed by the Alaska State
Legislature without the benefit of knowing its fiscal impact on local governments, and
WHEREAS there mandated programs, funding shortfalls, and shifts in responsibilities have
required municipalities to increase local taxes and reduce services in order to balance their budgets and
at the same time, the Legislature has ignored deficit spending while boasting that the state has no income
or sales taxes and that operating budgets have been reduced, and
WHEREAS, costly state -mandated programs provice a significant additional disincentive for
communities to inc Drporate, and
-- WHEREA`:, the National Conference of State Legislatures in 1937 recommended that state
legislatures consider relaxing or eliminating costly requirements on local governments or assuming the
cost of complying with the requirements;
NOIN, THEREFORE, BE IT RESOLVED that the At;aska Municipal League urges the Alaska
Lcgi� lature and Vic Governor to pass legislation requiring the State to reimburse municipalities fcr the
cost; of any new s3*,ate-rnand. ted programs or regulations that increase the costs of local government
of;er:itions.
This resolution was approved for submission to the Alaska Municipal League membership by the
,uverning body of on
(nanis of Municipality or association) (date)
YOUR C
lJewsletter of The Greater ,Soldotna 13171wnber of Commerce ............... Volume 5 Issue 8 ................. ugust 1 S' 2
MARLOW'S ON THE KENAI
LEANNE MARLOW
262-5218
AUNT JENNIE'S B & B
JENNIFER SMART
776-5678
OIL EXCHANGE
SCOTT & LINDA BOWEN
2 6 2 - 3 9 5 4
ALASKA RIVER GUIDES
ROCKY GARCIA
262-1800
THE FINER POINT
TAMMY KERRONE
262-1405
AL.ASKA TTr LODGE
TIMIDALE TROMBLEY
262-1919
GOD'S GUIDED HANDS
TOM KRUEGER
GARYJENSEN
262-2538
SUSAN KERNES
235-5 194
KATHLEEN TARR
2 6 2 - 8 7 6 t],
N10THER NATURES
KATHYJOHNSON
262-•9287'
BOROUGH CLERK'S OFFICE
GAYE VAUGHAN
_262.8607
COTTON MOORE ENT.
SINCE LATE "59"
2 62-5 65 1
RIDGEWAY CHEVRON
KE:VIN TURKINGTON
262-5402
FISH N EYE: CHARTERS
PAUL & SHIRLEY ZOBECK
262-5469
TIDES INN
DOROTHY CUNNINGHAM
262-1906
TOYON VILLA RV PARK
PAUL & SANDRA VOZAR
283-4221
CAL WORTHINGTON
CARL LEWIS
262-2200
FOSS A. KINNEY
262-4441
Special appreciation to all rer,ewing members for
continued support of Chamber programs and
investment in your commerce future.
CHAMBER BOARD
BEGINS MEMBERSHIP
DRIVE
The Soldotna Chamber Boar: of
Directors are participating in
a Membership Drive to b ng
new members into ur
organization. Although the
membership roster reached an
all-time high of 365, there are
businesses and individu-ils
who should belong to the
Chamber, but currently do m,t.
In light of this, the Board leas
been divided into two teams,
which will compete against
one another to recruit r :,w
members and those who h,�ve
let their dues lapse.
Team A consists of Kurt
Eriksson (Captain), Jc nn
Torgerson, Betty Harris, Diz ne
Simmons, Ken Lancaster E;nd
Roger Byerly; Team B memb rs
are Jay Weimar (Captain;),
Mavis Blazy, Mike SweenP-y,
Ginger Steffy, Jan Drew z id
Joyce Bocksnick. To aid in
their recruitment of members,
a new brochure has been
developed which outIinF,,s
Chamber programs, events,
committee structure ar;d
benefits. - The Membership
Drive will continue throu-:r
September 30th.
SOLDOTNA CHAMBER BOARD ACTIONS
Nominated" and Elected John Torgerson as President -Elect for 1993
' Approved registration and funding for Executive Director Cathy Clark
to attend the AVA Annual Convention in Sitka
SUMMER BEAUTIFICATION CONTEST RESULTS
The Beautification Committee received 23 entries to be judged in this year's
Summer Beautification Contest. The results are as follows:
Commercial
Grand Overall - Soldotna Bed & Breakfast (399 Lovers Lane)
1st Place - Twin Cities Veterinary Clinic (34735 K-Beach Road)
id Place - Jackson Construction (241 Aspen)
3rd Place Laurawcod Arms (131 Shady Lane)
Residential
Grand Overall - David & Merle Feldman (47420 Jefferson)
is, Place - Robert & Shirley H I (239 E. Redoubt)
2nd Place - Joh.� & Joan Wood (cc. rner Aspen and Corral)
3rd Pacts - Bette Peterson: (37847 Mackey Lake Road)
ThF? increase in the numbe, cf participants for 1992 is a great indication of tr,)
p~ide Soldotna residents have in their community and the efforts being made -o
e-i' ancf:r the appearance of DLLs town. Congratulations to all of the winninc, entri(
everyone .vh(. carticipated in this beautification program!
1992 SOLDOTNA PROGRESS DAYS
A big round of applause is due to everyone involved in the annual Progress Days celebrar n.
i
Members of the Kenai and Soldotna Chambers took to
the field for the 'Challenge Cup- Softball Game, herd on
Friday evening in Kenai. The final s ;ore vwas Kena - 31.
Soldotna - 9, so our team was onoe again prcnm.,):,ed
the winner and wiil retain the perpetual trophy. ;Tf ,> is a
backwards game, so the lowest score-
e jj � { ��. �, •r+ � 4.. � t y`�k^.Gyk �•li1M._'.S
Tcp Phc'o - Ker Lancaster hits the bal, for the
Sc ldofr,� team.
Bottom Fhoto - S`;aron t.' cc,s .Kenn Tea7m ;r;es
to out rL)r the barl to the �,se
�j��II(l!tltf{{!{(1rrti. EMI! �, t4j
i .L'V 4.7 �`• �I�Y'y
The judges had no easy task in selecting the award winners foi the
Parade. It was a great event and we appreciate all of the time and "tort
involved ry each of the participants. Spectators were treated a
procession that featured 105 entries.
; .
WN
... RMW
Top Photo - The Apostolic' � Assembly of Jesus Christ f/oa is
always a popular parade entry.
Bottom Provo - Our Chamber's float featured a reolica of '-e
Progress Days logo.
O it dinner/dance ;,ought out over 300 people for a truly enjoyable evening. EntertainmE 'it
r✓<:s provided by r'x1l-s. Alaska Kelly Jolly, Miss Alaska Keri Baumgardner and the PeninsLl;a
'r;,menacers. Tht:re were five entries in the Lip Synch Contest and the audience chose Ste.'e
"Cid Time r-';)c,-, 'n Roll" to receive the $100.00 prize (donated by the Peninsula Cern,;.�r
"v1 ill and National Funk of ,r'"alas�:.. The raffle was a big hit and the lucky winners were La ly
�t f fisninc; trap ,r t�✓o (c'on tee by the Fisherman':; Lodge); Laura Sena - 6 months of ba: c
�I � service {dory `�c by Frimf.able — and E.W. Ma';k - dinner for two (donated by Sizzler:
AUGUST CHAMBER LUNCHEON CALENDAR
TUESDAY @ NOON, KLONDIKE CITY HALL
August 4 Can` idate:., Forum: Senate Seat D
August 11 - Candidates Forum: House District 7
August 18 - Commissioner Carl Rosier, Dept. of Fish & Game
August 25 - Candidates Forum: House District 8
GREATER SOLDO I NA CHA%IBER OF COMMERCE
PO BOX 236
Soldotna, AK 99669
(907) 262-9814
C ty of Ken,3i
210 F�dal�,o
Kenai AK 99611
BULK, RATE
U.S. Postage
PAID
Perri;, No 5
Soldotna AK 996
1992 BOARD OF DIRECTORS
President
John Torgerson..................
Electrotek (RadioShack)...........
262-619
Vice -President
Kurt Eriksson......................
National Bank of Alaska.............
262-443
Secretor,', treasurer
Mavis Blazy........................
Blazy's Rentals/B & B ...............
262-4591
Pas' President
Ginger Stefly.......................
Kenai Peninsula Ccllege....... ..
262-5801
Joyce Bocksnick.................
Insurance Connection..............
262-25'
Rocer B verly......................
Argler's Lodge & Fish Camp....
262-174
Jan Drew............ .............
Freedom Realty.....
2 7.
Betty Harris .....
.J &B Stor'N Lok.......................
62 7
Ken Lancaster Jr ..................
A -Point of View Realty..............
252-700
Diane Simmons,. ..................
Frames & Things/Gallery West...
262-524 ?
Mike Sweeney ....................
Svvetney's Clothinq.................
262-591+
Jay Weimar ..........................
Peninsula Clarion....................
283-755
E-xec-it ve Director Cathy M. Clark ..................... Soldotna Chamber.: 262-981.t
Cff,c e ;ssistar:t Susan L. Hensler
I00okK eper Loretta M. Lunn
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Soldotna Area Senior Citizens, Inc.
P.O. Box 1049 * Soldotna, AK 99669
Phone- 1907) 262-2322
L"T/ON.• 197PARKAYE.
MEMORANDUM
TO: Kenai City Council
FROM: Kim Howard, Administrative Assistant
DATE: August 10, 1992
RE: Kenny Carver Property
Today I received a telephone call from a local realtor who
indicated that the Kenny Carver property was being sold. He wished
to make the City aware of this should the City be interested in
repurchasing it:. The sale price is $82,000.
The City sold Mr. Carver the land on June 11, 1982 for $51,750.
C:\WF151\SALES\CARVER.MEM
KENAI CI'PY COUNCIL MEETING
AUGUST 5, 1992
"TO DO" LIST
JW - Discuss RPM's with BB upon his return.
Get drawings together for PTI and have PTI put
something in writing in regard to their moving into the
City of Kenai.
Find out how much property PTI is needing and give
information to Kim, Howard so that she can order an
appraisal.
KK - Check on "No Wake" signs for harbor.
Get update on engineering for Thompson Park sewer line
and update the Corps permit with any changes needing to
be made.
Check on reseeding by Dairy Queen and Forest/Spur.
Also guard rail repair.
RAE - Check whether FAA grant funds could be used for
removing antennas from FAA site on bluff.
Do three-month trial airport: security.
CLF Send letter of objection to Borough regarding vacation
of easement and right-of-way/Caro Subdivision and South
Ames Road.
ORDER - 1,500 1" AAC pins
500 3-COLOR 411X6" decals
10 sets of vehicle decals
1.0 rolls of letterhead stickers
Get price quote to paint AAC logo on City
Hall window.
1.0 3-color banners for street poles
No thank you for fireworks.
CLF/HH - Order more flags.
HH - Get the vans removed from behind the Uptown Motel.
CLF/CAB- Check on sales tax payments of taxi drivers.
CAB - Check on all Bed & Breakfasts and guides on Angler
Drive - are they paying Sales Tax?
-1-
JL - Obtain new cost estimate figures from Wince-Corthell-
Bryson for Thompson Park sewer project.
Get cost breakdown for paving on Willow Street
extension to Marathon to Airport Way(?)
Check whether Fandel's have a conditional use permit
for campers, RV's, rental cars and boat parking at
their Bed & Breakfast.
Check on RV parking permit requirement for King's Inn.
BB - Prepare a letter for Assembly regarding City's opinion
on boat tax. Get the letter to them for their August
1.8, '1992 meeting.
Prepare resolution regarding boat tax for City of
Kenai's August 19 'meeting.
KO - Bathrooms at Cunningham Park NEED WORK!!!
Remove/repair banner in front of the Tesoro Station
across from the Bicentennial building.
Brush out bluff area at Forest Drive Park for more
visibility.
-2-
1791 -1991
CITY OF KENA
210 FIDALGO KENAI, ALASKA 99611
TELEPHONE 283 - 7535
FAX 907-283-3014
Aug,�ist 7, 1(-•'i2
Richard P. Troecger, Planning Director
Kenai Peninsula Borough
144 North Binkley Street
Soldotna, AK 99669
RE: PETITION TO VACATE THE SECT.rON LINE EASEMENT LYING BETWEEN
SOUTH AMES ROAD AND THE SLOUGH AT THE SOUTHEAST CORNER OF
LOT 1, CARO SUBDIVISION, SECTION 2, T5N, R11W, SEWARD
MERIDIAN, ALASKA, AND VACATE THE RIGHT-OF-WAY EASEMENT, NOT
TO EXCEED FIFTY FOOT IN WIDTH, ALONG WEST BOUNDARY OF
GOVERNMENT LOT 13, SECTION 1, T5N, R11W, SEWARD MERIDIAN,
ALASKA. ALSO BEING WITHIN KENAI CITY LIMITS AND THE .KENAI
RECORDING DISTRICT.
The above -referenced vacation of section line easement and right-
of-way vacation were discussed by the Kenai City Council at their
regular meeting of August 5, 1-992.
The Council unanimously objected to both vacations and therefore
veto the decision of the Kenai. Peninsula Borough Planning
Commission made on July 20, 1992. A copy of the minutes in
regard to this discussion will. be available next week. Please
contact this office if' you require a copy.
If you require further' information, please contact this office.
Sincerely,
CITY OF KENAI
Carol L. Freas
City Clerk
c,lf/
c:c: J. La Shot
MEMORANDUM
TO: Wm. J. Brighton, City Manager
FROM: Kim Howard, Administrative Assistant
DATE: July 21, 1992
RE: FY91-92 Land Sales and Leases
The following is a summary of airport and general fund land sales,
and lease transactions, that took place in FY91-92. Also, attached
are graphs indicating the numbers and revenues of land
transactions, beginning with F:183-84. This was prior to the price
of oil dropping in the spring of 1986. As the graphs indicate, the
effects of the decline in oil prices dramatically affected City
land sales and leases.
SALES
Airport: Land Sales
There were a total of 19 airport land properties sold in FY91-92.
Six of these properties were negotiated sales with lessees. Of the
six negotiated sales, three! properties were actually land
exchanges. One was with Jeff Jefferson Find the other two were lots
that Alaska USA Federal Credit Union exchanged for a single lot.
Four lots were competitive bid sales. Two of these were purchased
by the developer of the new Carr's store for $996,800.
The general fund purchased nine lots from the airport land system.
The purpose and amounts are as follows:
Congregate Housing Property $274,500
Recreation Center (4 lots) 155,200
City Hall Parking Lot 37,100
Courthouse Property (3 lots) 196,600
$663,400
Total airport land sales revenue in FY91-92 was $2,056,100.
General Fund Land Sales
There were thirteen general fund land sales, totalling $106,499.00.
Twelve of these lots were sold through foreclosure sales. There
are two sales pending, one is to a lessee, the other is to Will
Jahr:ig for property which is adjacent to his land. -
Cash
Notes Receivable
Fund Balance
Land Sale Trust Funds
General Fund
$ 904,000
928,000
1,859,000
LEASES
Airport
$ 7,148,000
2,843,000
10,011,000
Airport Land Leases
Two new leases were entered into in F'Y91-92 which generate an
annual rental of $4,104.00. Appraisals were performed on ten
airport land leases for their five year renegotiation. One lease
is pending.
General Fund Leases
There were three general. fund leases entered into in FY91-92. They
were for the Chamber of Commerce (no charge), the Kenai Arts and
Humanities Council ($1.00) and the Peninsula Counseling Center at
Ft. Kenay (no charge). The Peninsula Counseling Center lease
expired June 30, 1992 and the City has rescinded its lease with the
Russian Orthodox Church for Ft. Kenay.
Land returned to the City
Two Mutual Rescission and Releases were approved by the City
Council. These were for one of the lots that inlet Salmon leased
and for the Grace Drilling property.
Ai,__Mort Terminal Special Use Permits
There were 16 telephone/poster permits, 24 poster permits and one
vending machine special use permit entered into in FY91-92.
Revenues were approximately $4,000, $5,G40 and $3,875 respectively.
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` Soldotna, Alaska 99669
��6 1992 (907) 262.5742
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Original T--- Submitted Pr-21?
PROJECT BILLING Council OK Z]No (]Yes (,w----
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1791-1991
CITY OF KENAI
210 FIDALGO KENAI, ALASKA 99611
TELEPHONE 283.7535
FAX 907-283.3014
DRAFT
August 19, 1992
Beth Verrelli Florence Carroll
A.D.E.C. U.S. EPA
3601 C Street, Suite 1318 1200 Sixth Avenue, WD-135
Anchorage, AK 99503 Seattle, WA 98101
Subject: Kenai STP Disinfection F
I am writing this letter in an effort to finalize this project which took a lot longer than anticipated
to complete. The project Notice to Proceed gave a completion date of December 6, 1992 but
the Change Orders increased the contractors time by seven (7) days to December 13, 1991.
Some of the reasons it took so long include:
Gas Scrubber & Shelter Delay. It is my understanding that the contractor ordered
the gas scrubber prior to receiving the Notice to Proceed from the City. Because
of the uniqueness of this scrubber the manufacturer threatened to cancel the order
if there was a chance that the City might assess a penalty or withhold payment for
being late. The main reason this project took so long to complete was the delay
in shipping of the scrubber and the small shelter, which was not the fault of the
contractor, The scrubber did not even arrive until January 8, 1992 and the
shipping damage was not completely repaired until January 13, 1992. The
scrubber is very large and required the side of the building to be left open to
install it. Much of the mechanical and electrical work in this area had to wait
until the scrubber and wail was in place. (See Attachment A.)
2. Start Up Calibrations. This project was not a clear black & white, straight
forward, complete this as specified and we are done, type of project. CH2M Hill
designed this project using Wallace & Tiernan equipment. The contractor,
however. used Capital Controls equipment which was approved "as equal" by the
engineer, Not only does every supplier and manufacturer have their own idea of
how and where their equipment should be set up and calibrated, each engineer and
operator has their own ideas. Each specific site, equipment location and layout
also govern the difficulty and other parameters in starting up this type of facility.
In any case, a lot of t[me was spent in trying to get the equipment operating
properly acid deciding when, where, how, and how much chemicals needed to be
added.
DRAFT
Page 2 DRAFT
Disinfection Facility
8/ 19/92
3. Soldotna Gas Leak. The City of Kenai was always aware of the safety
requirements of handling and using chlorine and sulfur dioxide. I have always
been confident of our operators expertise concerning this new disinfection facility
but did not know about the contractors personnel. After the Soldotna chlorine
leak on January 30, with it's evacuations and high news media coverage, I
required a State OSHA inspection of the contractors work before allowing chlorine
and sulfur dioxide gas on site. Because of the reaction to the Soldotna gas leak
the contractor feels that I was being extra safe and it required them extra time.
I have enclosed the G & S Construction letter of July 8, 1992 outlining the dates attributed to
the delays and their letter of August 4, 1992 giving additional information for the period between
February 17, 1992 and March 19, 1992. (See Attachment B.)
Because of the delays on this project the; City of Kenai had to extend CH2M Hill's contract
(Amendment No. 2, Attachment C) and Nelson and Associate's contract (Amendments No. 1 and
2, Attachment D). The City requests ADEC approval and determination that these additional
engineering costs are grant eligible.
This project is essentially complete. The City started using the disinfection facility and injecting
chlorine and sulfur dioxide gas on March 17, 1992. We have been in compliance with our new
permit since March 22, 1992.
A while back, the City requested from US EPA an extension on the dates listed in our
compliance agreement for meeting our permit requirements. The City is, again, requesting this
extension or a letter stating that since the City is now meeting our permit requirements, the
compliance agreement is no longer necessary and no fine or cost will be assessed to the City.
If US EPA and ADEC approve, the City would like to close out this project with a final Change
Order No. 11 (Attachment E). This change order provides for the water cooling system on the
sodium hydroxide pumps and deletes the erosion control matting. The City decided to have a
drainage system installed before using filter fabric for erosion control. We decided to contract
directly with a landscaper for this work. The City will allow the use of PVC conduit as was
installed in the garage and chemical storage room. The City will also drop any liquidated
damages costs. The contractor will drop all claims and provide the requested Affidavit of
Payment, Release of Liens and Consent of Surety to Final Payment.
The City of Kenai would like assurances from ADEC and US EPA that the work performed is
acceptable, grant eligible, and that they agree with the determination that this project is complete
DRAFT
Page .3
Disinfection Facility
9/19/92
' A
"this project has been a success in that it is well built and is operating properly. It was designed
with the operator in mind and should be a model for future facilities. It is a welcome addition
to our wastewater treatment plant which we are very proud of.
Sincerely,
Keith Kornelis
Public. Works Director
KK/kv