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HomeMy WebLinkAbout1995-04-19 Council PacketKenai City Council Meeting Packet April 19, 1995 AGENDA RENAI CITY COUNCIL - REGULAR MEETING APRIL 19, 1995 7:00 P.M. RENAI CITY COUNCIL CHAMBERS 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. Peggy Gill Thompson - Roof Repair - Kenai Fine Arts Building. C. PUBLIC HEARINGS 1. Ordinance No. 1639-95 - Increasing Estimated Revenues and Appropriations by $11,000 in a New Capital Project Fund Entitled "S.T.P. - Disinfection/Safety Program." a. Remove Ordinance No. 1639-95 from the table. b. Substitute with Ordinance No. 1639-95 - Increasing Estimated Revenues and Appropriations by $36,000 in a New Capital Project Fund Entitled "S.T.P. - Disinfection/Safety Program." C. Award of Professional Engineering Contract to Vasey Engineering/$36,000 (see memo/motion). 2. Ordinance No. 1640-95 - Increasing Estimated Revenues and Appropriations by $4,967 for the Airport Drainage and Safety Capital Project Fund. 3. Ordinance No. 1641-95 - Increasing Estimated Revenues and Appropriations by $100,000 in a New Capital Project Fund for Public Restrooms. 4. Ordinance No. 1642-95 - Increasing Estimated Revenues and Appropriations by $60,000 in the General Fund for Legal Expenses Related to Inlet Woods Special Assessments. -1- D. 5. Ordinance No. 1643-95 - Increasing Estimated Revenues and Appropriations by $3,200 in the General Fund for Library Books. 6. Ordinance No. 1644-95 - Increasing Estimated Revenues and Appropriations by $24,000 in the General Fund for Playground Equipment and Paths for Handicap Access. a. Motion for Introduction b. Motion for Second Reading (Requires a Unanimous Vote) C. Motion for Adoption 7. Resolution No. 95-15 - Awarding a Contract for Furnishing Playground Equipment to Division 10 Products, Inc. for the Total Amount of $20,000.00 Which Includes the Basic Bid. 8. Resolution No. 95-16 - Supporting the Establishment of a Business Innovation Center Within the Boundaries of Kenai Peninsula Borough by the Kenai Peninsula Borough Economic Development District, Incorporated (EDD). 9. Resolution No. 95-17 - Transferring $2,275 in the Mission Street Capital Project Fund for Surveys on Mission and Overland Streets. COMMISSION/COMMITTEE 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 F. 1. *Regular Meeting of April 5, 1995. 1. *4/6/95 KPB memorandum regarding Kenai River Overlay Ordinance No. 94-52 and KPB Planning Department Recommendations. -2- G. OLD BUSINESS 1. Approval - Implementation of the Council -Ratified Ambulance Fee on May 1, 1995. H. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $2,500 3. Approval - Assignment of Lease - Lot 3, Block 1, General Aviation Apron/From Vernon Lofstedt, Jr. to James A. Munson. 4. Approval - Assignment of Lease for Security Purposes - Lot 1, Block 2, General Aviation Apron and Lot 3, Block 1, General Aviation Apron/From SouthCentral Air, Inc. and James A. Munson to Vernon L. Lofstedt, Sr., Muriel Ruth Lofstedt, Vernon L. Lofstedt, Jr. and Diana K. Lofstedt. 5. Discussion - South Spruce Street Beach Park. 6. Discussion - Government Services Television Network. 7. Discussion - Water and Sewer Projects and Grants. 8. Discussion - Set Board of Adjustment Hearing Date/Hall Quality Builders, Integrity Surveys Appeal of Planning & Zoning Commission Action. EXECUTIVE SESSION (If time and scheduling allows, the yearly evaluations of the City Manager, City Clerk and City Attorney may be held.) 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 K. ADJOURNMENT -3- MAYOR'S REPORT MARCH 15, 1995 COUNCIL MEETING REQUESTED CHANGES TO THE AGENDA BY: ADD TO: C-8, (Resolution supporting the EDD Innovation Center) - 4/13/95 C.R. Baldwin opinion letter regarding EDD's ability to borrow money. MANNINEN ADD AS: Information Item 13 - EDD news update. MANNINEN ADD AS: Information Item 14 - 4/18/95 TJM letter to EDD regarding proposed funding cut to ARDOR. MANNINEN ADD AS: Information Item 15 - 4/19/95 K. Scott letter regarding KPB Overlay Ordinance. SCOTT ADD AS: Information Item 16 - 4/19/95 UCIDA letter responding to Governor Knowles plan for the Kenai River, allocation of fish, etc. CLERK 1. 2. CHANGES TO THE CONSENT AGENDA MAYOR'S REPORT Retirement party for Jeanne Berger, Public Health Nurse. Report on KPB Overlay plan. 3. Report on Don Young visit. M s v BOOREY SWARNER MONFOR MEASLES BANNOCK SMALLEY WILLIAMS ✓ M S V BOOREY SWARNER MONFOR MEASLES BANNOCK SMALLEY WILLIAMS M s v BOOREY SWARNER MONFOR MEASLES BANNOCK SMALLEY WILLIAMS M S v BOOREY SWARNER MONFOR MEASLES BANNOCK SMALLEY WILLIAMS ►I J / S V BOOREY SWARNER MONFOR MEASLES BANNOCK SMALLEY WILLIAMS COUNCIL MEETING OF `1Iq v BOOKEY SWARNER MONFOR MEASLES BANNOCK SMALLEY WILLIAMS M 8 V BOOKEY SWARNER MONFOR MEASLES BANNOCK SMALLEY WILLIAMS M 8 V BOOKEY SWARNER MONFOR MEASLES BANNOCK SMALLEY WILLIAMS M S V BOOKEY SWARNER MONFOR MEASLES BANNOCK SMALLEY WILLIAMS /�r ;2 � )- M S V BOOKEY SWARNER MONFOR MEASLES BANNOCK SMALLEY WILLIAMS M 8 V BOOKEY SWARNER MONFOR MEASLES BANNOCK 8MALLEY WILLIAMS 0 MEMORANDUM TO: Mayor Williams and City Council THROUGH: Tom Manninen, City Manager I THROUGH: Keith Kornelis, Public Works Director FROM: Robert C. Springer, Building Official RS DATE: April 14, 1995 SUBJECT: Roof Problems on the Kenai Fine Arts Building FOR: City Council meeting of April 19, 1995 Recently, the Kenai Arts and Humanities Council contacted Hanson Roofing to put a new hop mop surface on the roof of the Fine Arts Buildings. Hanson's attempted to do this, but could not, as the urethane insulation that is sprayed directly on the plywood roof deck is saturated with water. This will not allow a new hot mop surface to be installed. The urethane is probably saturated due to no vapor barrier installed between the urethane insulation and heated interior of the buildings which allows condensation to accumulate in the urethane. The only way to fix the roof is to have the urethane stripped off, replace any rotted decking, install a vapor barrier, re -install at least 4" of insulation and then the roof can be hot mopped again. The estimated cost to do this is approximately $22,000. The current roof is capable of possibly another year of service, as it only has some minor leaking, and could be repaired with some cold patches. However, the longer we wait to have the roof replaced the possibility of the wood decking under the urethane being damaged and needing replacement increases. This would raise the cost of roof replacement considerably. Since this is the first time I looked at this building from a maintenance standpoint, I noted some other deficient areas of the building. The exterior concrete block walls of the building have a large amount of grout missing from between the blocks. This could create a structural problem later, if this grout continues to disintegrate. I have not been able to get a masonry contractor to look at the walls yet, but after explaining the problem to one contractor on the phone, he told me one solution to stopping the disintegration of the grout would be to have a stucco surface installed over the existing block walls. The process to do this consists of preparing the surface by removing the paint, then applying grout in three separate coats. The cost for this is approximately $6.00 per square foot. For this building the total cost would be approximately $18,000.00. Another solution would be to scrape out each individual grout joint that is deteriorated and re -grout. This would repair the immediate problem but would be an on going project as every few years this would have to be done again when more joints deteriorate. I do not have an estimate for this since I do not know the exact amount of joints that need to be repaired. The paint covers the joints and makes it difficult to determine which joints are bad. Page 2 Roof - Kenai Fine Arts 4/14/95 If this deterioration continues, the only way to repair this may be to have the exterior walls re -built, which would be an expensive project. The boiler in this building is a minimum of 35 years old and will probably need replacement in the next few years. The approximate replacement cost would be $5,000.00. The electrical service is only a 100 AMP service and should be upgraded to 200 AMP. Since there are so many deficiencies which exist in this building, I would think Council would want to consider whether an expenditure of this amount is desirable or if there are other alternatives. If Council wants to replace the roof the optimum time of year for re -roofing is April and May. These are usually the driest months of the year and area roofing contractors are the least busiest. See attached photos of walls and boiler. RS/kw S J '�.�� i t;f : rr {,•:,tic "t tK: r ria Ali AX m 0 �4 c31"�EC Jet acw�+ R-.i2 f Kenai City of historical Russian Orthodox Church and salmon fishing Kenai Arts and Humanities Council Box 822 Kenai, Alaska 99611 (907) 283-7040 April 11, 1995 KENAI CITY COUNCIL 210 Fildalgo, Suite 200 Kenai, AK 99611-7794 KENAI FINE ART CENTER ROOF Organized in 1972. Comprises of non-profit cultural organizations. What was expected to be a somewhat simple matter of sealing the Kenai Fine Arts Center's roof has turned into a capital improvement project which calls for the attention of the City Council. Kenai's building inspectors have investigated and/or assessed the Center's roof damage. In vain the KAHC spent $975 on the roof with thoughts that it would be durable for many years to come. According to the lease between the City of Kenai and the Kenai Arts and Humanities Council, the KAHC has maintained the Center. Attached are (1) spreadsheets documenting maintenance expense 1991-1994 (2) expenses on roof, furnace system, and electrical lighting for 1995. In addition to maintenance, the KAHC pays all utilities for the Center. The Kenai Fine Arts Center is a special facility; it is the envy of Alaskan and Lower 48 visitors as it houses art activities (see Kenai Fine Arts Center brochure) not normally available in most towns —not even Anchorage. Art shows are displayed throughout the year. Children's classes are especially popular during the summer. The Pottery Studio is open year around. Requested is that the City Council fund and oversee that a substantial roof be installed. Such will be greatly appreciated by the KAHC as well as parents, children, tourists, ... who benefit from the variety of activities at the Center. PEGGY GILL THOMPSON - PRESIDENT, KAHC Maintenance • Kenai Fine Arts Center 1991 thru 1994 Kenai Rrts and Humanities Council Income 1991 1992 1993 1994 Totals Art Guild 869.05 983.85 656.65 790.43 3,299.98 Potters Guild 659.40 792.00 804.01 1,142.10 3,397.51 Redoubt Quilters 380.00 260.00 640.00 Jail House Rock 5,000.00 4,620.78 5,900.63 7,131.98 22,553.39 Donors 1 175.00 195.00 175.00 50.00 595.00 Total Income 1 7,083.45 6,851.63 7,536.29 9,114.51 30,585.88 Utilities Expense 1991 1992 1993 1994 Totals phone 669.59 609.29 545.57 533.59 2,358.04 HEA, electricity 1,230.42 1,498.75 1,521.05 1,562.95 5,813.17 Enstar, gas 1,493.86 1,145.50 1,453.38 1,128.19 5,220.93 water, city 273.00 295.75 300.00 299.75 1.168.50 Total Utilities 3,666.87 3,549.29 3,820.00 3,524.481 11.036.16 Special Expenses 1991 1992 1993 1994 Totals insurance 252.00 250.00 350.00 852.00 furnace system 101.37 1,259.13 61.68 1,422.18 clean wkshop floor 119.68 119.68 paint KFAC exterior 2,380.00 2,380.00 display sign installed 1,261.82 1,261.82 roof - 3 places patched 100.00 100.00 Totals 101.37 371.68 3,889.13 1,773.50 6.135.68 Helen WYnkoop, Treasurer prepared by Peggy Gill Thompson Maintenance EHpenses a Kenai Fine Rrts Center roof, furnace, and lighting January - Rpril, 1995 Kenai Rrts and Humanities Council Roof repair histor9 9/5/94 Hansen patched 3 places 100.00� 1 /26/95 Hansen checked leak between gallery & studi 75.00 4/6/95 Hansen tarring -sealing 800.00 did not complete due to moisture Total S975.00 Furnac a system and lights 3/8/95 Labor and parts furnace and lights 855.76 Furnace pipe system resealed light fixtures installed, other 3/8/95 2 outside light fixtures with 264.64 high pressure sodium lamp 3/9/95 florescent light ballasts parts. Kenai Supply 62.48 Labor repairing florescent light unit, 150.00 change sealing tiles, other technical chores Total 1,332.88 Total spent on roof, furnance system, and lighting $2,307.88 includes September 5, 1994-$100 Helen Wvnkoop, Treasurer prepared by Peggy Gill Thompson History of the Kenai Arts and Humanities Council as printed Kenai Arts and Humanities Council Newsletter. Council Focus: Volume I. No. 1 • Spring, 1990 By having its federal non- profittax and borough sales tar exempt numbers, the Kenai Arts and Humanities Council acts as an agent for organizations under its umbrella. Active members of the Kenai Arts and Humanities Council are Central Peninsula Counseling Services. Central Hospital Auxiliary, Kenai Art Guild. Kenai Community Library. Kenai Historical Society, Kenai Potters Guild, and Peninsula Dancers. Council Purpose • Provide for instruction and training of individuals to improve or develop their capabilities in artistic endeavors. • Provide for instruction of the public in art and cultural heritage subjects through public discussion groups, forums, panels, and lectures. • Encourage interest in and appreciation of drama, dance, and musical arts, by sponsoring public performances. • Provide for displays of art works by sponsoring free -of - charge public exhibitions. History Fern Hayward, new Kenai resident and member of the Alaska State Council on the Arts, fostered the formation of a local arts council. On October 5, 1972. artists, performers, musicians, and humanists, who gathered in Fern's home, organized such a council and elected temporary officers: Marion Kempf (now Nelson), president; Clarice Kipp, vice-president; Pat Morris, secretary; Alice Graves, treasurer; and Peggy Arness, publicity chairman. When the Kenai Police and Fire Departments moved into a new facility on Willow Street, the City's 816 Cook Avenue building, which housed these departments during the 1950's, 1960's, until 1972, became vacant. On appeal from the newly formed Kenai Arts Council (later renamed Kenai Arts and Humanities Council), the Kenai City Council voted March 21, 1973 to lease the complex, for one dollar per year, to the Arts Council. The building, renamed Kenai Fine Arts Center. became the KAH Council's seat and a place to conduct meetings, produce art shows, and sponsor workshops. One of the two old fire truck garages became a gallery and the other a pottery lab. For nine years artists dealt with the fire hall environment: Cold air blew in from around the huge fire truck -size entrances; heating pipes were visible in an open ceiling; the floor was uncovered unpainted con- crete; small office rooms were between the west fire -truck garage and former jail area. Pursuing a more aesthetic arts center, dedicated members lobbied the City Council to budget for renovating the old fire hall. Money finally allotted. during the 1980-81 winter, contractor Leonard Efta converted the small office rooms into a one -room workshop area and fire truck garage room into a delightful gallery. Also, sheet rock was installed on the Pottery Studio walls. Finance The City requests that the Kenai Arts and Humanities Council maintain the KFA Center: pay utilities, do minor repairs, pay for door locks and keys, and painting. To finance this expense, the Council receives 10% of Old Town Gallery art sales; rent of workshop space at $10 per day. $5 electric kiln firing fees. and 50% of Pottery Studio rent. As this income does not meet present utility expense, means are sought for replenishing the KAH Council's treasury. Past years' supple- mental income were: • Alaska State Council on the Arts block Brant, 1980-1985. • rent from IRS representatives using desks in a back room ending 1986. • renting space to Peninsula Learning Resources 1986-1988. New renters of the KFA Center's back area were sought to no avail. Last summer when the treasury was virtually empty, President Francis Meeks and Treasurer Mae Hughes made a plea to the City Council for financial aid. Their efforts were rewarded with a $4500 one-time only donation assigned to future utility bills. Up -date (May, 1992) The Council has produced three Jail House Rock fund-raisers totalling $14,077.22. The Kenai Fine Arts Center is operated by VOLUNTEERS Kenai If i'ne ,Arts Center glass, Jeanne Mercurio gallery Courtney Nichols studio Potter day, John Rovin gallery •oaa I love your by Cas vanl)evere, age 7 d,ildren•s d,„„. maintained by Kenai Arts and Humanities Council operated by volunteers exhibitions juried multimedia art fiber fish fest clay theme seniors Peninsula high school art students children art sales original work by Peninsula artists workshops adult children pottery studio rent work space gas and electric kilns pottery classes old Kenai jail Iron bars for jail constructed by Luke Caro of Luke's Welding, 1957 gallery hours Monday Saturday • 10 to 4 except January -March Historical Connection The Kenai Fine Arts Center building was first occupied by the City of Kenai's fire ball and jail. Mostly by using volunteer labor, the fire hall was constructed in 1955 on the old'I'erritorial School property. The firemen were volunteers; the chief of police was hired. The jail was added onto the fire hall's northside in 1957. After the Kenai Police and hire Departments moved to a new facility on Willow Street, the city's old public safety building was leased for one dollar per year, March 21, 1973, to the newly formed Kenai Arts Council (name soon changed to Kenai Arts and Humanities Council.) The oily council stipulated that the KA11C maintain the Kenai Fine Arts Center. Using city funds in 1980-81, the old lire liall was renovated for having a gallery and workshop area. There was some improvement in the pollery slndio. nic Center has become it place lirr mulliple ant fimctions: art shows, art sales, workshops, and classes produced by organizations under the Council's u►nbrella. Kenai Arts and Humanities Council Concert and Performing Arts Kenai Art Guild Kenai Community Library Kenai Fiber Artists Kenai Historical Society Kenai Peninsula Community Band Kenaltze Indian Tribe Kenai Potters Guild Senior �-:,en Arts ikAIP4 �VE L Kenai Spur Highw Peninsula Ave. f W. Arts Cericr Cook Ave. CACHE underwriter brochure printed Mardi, 1995 desktop publisher and editor Peggy GO Thompson design consultant mists Neils Kenai Fin e Arts Center exhibitions art sales workshops pottery studio 907-283-7040 P. O. Box 1387 816 Cook Avenue, Kenai, Alaska t, Suggested b : Public Wor 9g Y City of Kenai ORDINANCE NO. 1639-95 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $11,000 IN A NEW CAPITAL PROJECT FUND ENTITLED "S.T.P. - DISINFECTION/SAFETY PROGRAM". WHEREAS, the City desires to hire an engineer to provide a cost analysis of a different method of chlorine disinfection at the Sewer Treatment Plant; and WHEREAS, depending upon the results of the above cost analysis, the City expects either to design a different disinfection method or to implement a Process Safety Management Program; and WHEREAS, the cost of the above professional services (not construction) is expected to be approximately $11,000. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: Water and Sewer Fund Increase Estimated Revenues: Appropriation of Fund Balance $11,000 Increase Appropriations: S.T.P. - Transfers $11,000 S.T.P. - Disinfection/Safety Program Increase Estimated Revenues: Transfer from Water and Sewer Fund $11,000 Increase Appropriations: Engineering $11,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5th day of April, 1995. ATTEST: Carol L. Freas, City Clerk Approved by Finance: '05'4 (3/9/95) kl JOHN J. WILLIAMS, MAYOR Introduced: March 15, 1995 Adopted: April 5, 1995 Effective: April 5, 1995 MEMORANDUM TO: Mayor Williams and City Council THROUGH: Tom Manninen, City Manager FROM: Keith Komelis, Public Works Director DATE: March 9, 1995 SUBJECT: STP - OSHA Inspection REF.: OSHA Inspection No. 124076597 FOR: Back-up for appropriation ordinance going to Council on March 15, and April 5, 1995 Attachment A is a copy of the OSHA Enforcement Inspection Invoice and Citation and Notification of Penalty. This was from enforcement, not the voluntary compliance branch of OSHA. We were cited because the STP did not have a Process Safety Management Program. This program is required because we use 1 ton chlorine gas and 1 ton sulfur dioxide gas cylinders at the plant. We were aware of a EPA Risk Management Program that was to go into effect in about three years, but did not know about the OSHA Process Safety Management Program that went into effect. I called CH2M Hill and they were not aware of the requirement. Gerry called STP's around the state that use 1 ton cylinders and no one knew about it nor had the required program. Attachment B are three letters to OSHA. I have been working with the OSHA representatives and have extended the date for filing for contest until March 24. The OSHA representative said they will cut the penalty in half ($437.50). The big concern is the abatement date. I will continue working with OSHA. Attachment C is the Request for Proposals (RFP) on the two projects. 1) STP - Method of Disinfection Change, and 2) STP Process Safety and Risk Management Program. We have sent the RFP to six firms. I am also working with ADEC to see if they can help fund this work. We may be able to use some left over ADEC funds. Project 1, Phase I will give the city the capital cost and the operating costs to switch over to another method of disinfection. If we decide the costs are acceptable, we will go with Phase II which will be to complete the engineering design to make the switch. If we do the modification, then Project 2, Process Safety and Risk Management Program will not be needed. I have asked Charlie to prepare an ordinance that will appropriate $11,000 to an engineering account in a project entitled: STP - Disinfection Modification or Safety Program. This ordinance should be introduced at the March 15 Council meeting. After receiving the proposals on March 20, the Council can amend the ordinance on April 5 to fit the costs received. KK/kw SUBSTITUTE Suggested by: Public Works City of Kenai ORDINANCE NO. 1639-95 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $36,000 IN A NEW CAPITAL PROJECT FUND ENTITLED "S.T.P. - DISINFECTION/SAFETY PROGRAM". WHEREAS, the City desires to hire an engineer to provide a cost analysis of a different method of chlorine disinfection at the Sewer Treatment Plant; and WHEREAS, depending upon the results of the above cost analysis, the City expects either to design a different disinfection method or to implement a Process Safety Management Program; and WHEREAS, the cost of the above professional services (not construction) is expected to be approximately $36,000. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: Water and Sewer Fund Increase Estimated Revenues: Appropriation of Fund Balance $36,000 Increase Appropriations: S.T.P. - Transfers $36,000 S.T.P. - Disinfection/Safety Program Increase Estimated Revenues: Transfer from Water and Sewer Fund $36,000 Increase Appropriations: Engineering $36,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of April, 1995. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: March 15, 1995 Adopted: April 19, 1995 Effective: April 19, 1995 Approved by Finance: (f4 Q (3/9/95) kl MEMORANDUM TO: Mayor Williams and City Council THROUGH: Tom Manninen, City Manager FROM: Keith Kornelis, Public Works Director DATE: March 30, 1995 SUBJECT: OSHA Inspection at STP REF: Ordinance No. 1639-95 Public Works recommends the Council table Ordinance No. 1639-95. We received three proposals on March 20, 1995 for developing a Process Safety Management (PSM) Program: 1. Arasmith Consulting Resources, Inc. $14,061 (City to perform a lot of work) 6 months 2. Fluor Daniel Williams Brothers $55,000 (Fluor Daniel does most of the work) $15,420 (City to perform most of the work) 6 months 3. Risk Management Associates $76,280 (Risk Management does most of the work) 5 months We did not receive any proposals on March 20, for the cost analysis to change our method of disinfection. We feel liquid chlorine, or UV, or a combination may be the best way to go. If we were to change to one of these methods we would not need to have the PSM program for OSHA compliance. After March 20, we directly contacted CH2M Hill and Vassey Engineering for their cost to come up with this cost analysis. The cost analysis would include capital cost and maintenance and operational cost comparisons. CH2M Hill has sent me their estimate ($6,000) which seems very high. I have not received Vassey's yet. Page 2 3/30/95 OSHA Inspection/STP I had an informal hearing with the State OSHA representative over the telephone. After discussing our plans and situation, the state cut the penalty cost for the citation in half (to $437.50) and lengthened our abatement date to 11/1/95. We have paid the fine. We have received the attached Amended Citation and Penalty Invoice from AK -OSHA. Please table Ordinance No. 1639-95 until I receive Vassey Engineering's proposal and can make a recommendation on how to proceed. KK/kw cc: Tom Manninen, City Manager Edward G. Allen, STP Foreman Charles A. Brown, City Finance Director Duanne Houck, State OSHA AMENDED ALASKA DEPARTMENT OF LABOR Division of Labor Standards and Safety MAR 1995 ?, 3301 Eagle Street PO Box 107022 Received of AnchPublic rorage, Alaska 99510-7022 CeftWoreruri r _ ks Dept. ' 1 r Telephone (907) 269-4940 Bu-9093.=497-94 ,Page of 2 Subject: Amended Citation of Alleged Occupational Safety and Health Violation(s) THIS AMENDED CITATION MUST REMAIN POSTED UNTIL THE AMENDED VIOLATION HAS BEEN ABATED, OR FOR FIVE WORKING DAYS, WHICH EVER IS LONGER. An inspection of a workplace under your operation, ownership, or control has revealed conditions which we believe do not comply with the provision of sections 18.60.010 - 105 of the State Laws of Alaska. Enclosed you will find citations for violations of the occupational safety and health standards enforced by the Alaska Department of Labor which, in some instances, may have accompanying proposed penalties. Your rights and obligations include the following: POSTING A copy of the enclosed amended citation must be prominently posted at or near each place a violation occurred. (AS 18.60.091) It must remain posted until all violations are corrected, or for five working days, whichever is longer. If you contest the amended citation, all items wi- revert to the original citation. You are required to post a notice to th- effect near the amended citation that is being contested. Penalties may be assessed for violation of the posting requirement. (AS 18.60.095). CONTEST You also have the right to contest the amended citation and/or the amended penalties before the Occupational Safety and Health Review Board, which is an independent quasi-judicial agency with authority to issue decisions regarding citations and amended penalties. Since the penalties set forth in the citations are only "proposed penalties", the Board may increase or decrease them as it deems appropriate. In order to contest, you must notify the Commissioner or his designee in writing of the contest within 15 working days after receipt of the notice of proposed penalties. List each item contested and state your reason for contesting. If you fail to contest within 15 working days, the citation and the amended penalties will be deemed final and not subject to review by any court or agency. The term "Working Day" means Monday through Friday, but does not include Saturday, Sunday, or State holidays. ABATEMENT PERIOD An employee or representative of employees may contest the period of abatement of the alleged violation(s). Alleged violations that are not contested must be corrected within the abatement period specified in the amended citation. Failure to correct an alleged violation within the abatement period, prior to the abatement date, may result in further assessment of penalties. An employer may reques'- modification of an abatement period if he has made a good faith effort comply, but cannot due to factors beyond his reasonable control (8AA�- -61.135).--- A request for modification of an abatement date must be made. AMENDED ALASKA DEPARTMENT OF LABOR Division of Labor Standards and Safety 3301 Eagle Street PO Box 107022 Anchorage, Alaska 99510-7022 Telephone (907) 269-4940 Bu-9093-097-94 Page 2 of 2 THIS AMENDED CITATION MAST REMAIN POSTED UNTIL THE AMENDED VIOLATION HAS BEEN ABATED, OR FOR FIVE WORKING DAYS, WHICH EVER IS LONGER. in writing and must be submitted to the Director no later than one working day after the original abatement date. It must include all of the following information: 1. Steps taken so far to achieve compliance, and the dates these steps were taken; 2. Additional time needed; 3. Why the additional time is needed; 4. Interim steps being taken to protect employee(s) against the cited hazard; 5. A statement that the petition has been posted and given to appropriate employee representative and the dates of these actions. The petition must remain posted for 10 working days. For alleged violations with an abatement period of 30 days or less which are not contested, you are requested to promptly advise the division of the specific corrective action taken and the date of completion. For alleged violations with an abatement period of more than 30 days, a progress report is required every 30 days. The progress report should detail what has been done, what remains to be done, and the time needed to fully abate each violation. Penalty payments are due upon receipt of the citation and bill. Payment is expected within 30 days. If you have any questions regarding the above, please contact me. Sincerely, 6 C nnis L. SmytheI. Chief of Enforce, nt 3f2-�3 Date AMENDED DOSH 2C R 02/94 Alaska Department of Labor AMENDED Labor Standards & Safety Occupational Safety and Health P.O. Box 107022 Anchorace, Alaska 99510 , Phone: (907) 269.4940 FAX: (907) 269-4950 INVOICE/ DEBT COLLECTION NOTICE Company Name: Kenai City of Inspection Site: 1450 Kenai Avenue, Kenai, AK 99611 Lssuance Date: 03/28/95 Stunmary of Penalties for Inspection Number 124076597 Citation 1, Serious = $ 437.50 TOTAL PROPOSED PE4ALTIKS = S 4 ; 7 PENALTY REDUCED Tn n vnid nriditinnnl rhnrvrc r1P-co —nit nnirm-^t to the ahnvP whin-vz fnr tho mtnl irnmint of tha uncontested penalties summarized above. Make your check or money order payable to: "State of Alaska". Please indicate AKOSH's Inspection Number, (indicated above) on the remittance and return this form along with your remittance. AKOSH does not agree to any restrictions or conditions or endorsements put on any check or money order for les. than full amount due, and will cash the check or money order as if these restrictions, conditions, or endorsements do not exist. Delinquent Charges. A debt is considered delinquent if it has not been paid within one month (30 calendar days) of the penalty due date or if a satisfactory payment arrangement has not been made. If the debt remains delinquent for more than 90 calendar days, the amount due will be forwarded to the Attorney General's office for collection. Administrative Costs. Agencies of the Department of Labor are required to assess additional charges for the recovery of delinquent debts. These additional charges are administrative costs incurred by the Agency in its attempt to collect an unpaid debt. Administrative costs will be assessed for demand letters sent in an attempt to collect the unpaid debt. Dennis L. Smythe, CI Chief of Enforcement LCICC 07204709-70709520 - Pa¢e 1 of 1 `)3Iii �4 Date AMENDED Alaska Department of Labor Labor Standards & Safety Occupational Safety & Health P.O. Box 107022 Anchorage, Alaska 99510 Phone: (907) 269-4940 FAX: (907) 269-4950 To: Kenai City of and its successors 210 Fidalgo, Suite 200 Kenai, AK 99611 Citation and Notification of Penalty Inspection Number: 124076597 Inspection Date(s): 12/05/94 - 12/05/94 Issuance Date: 03/28/95 Inspection Site: The violation(s) described in this Citation 1450 Kenai Avenue and Notification of Penalty is (are) alleged Kenai, AK 99611 to have occurred on or about the day(s) the inspection was made unless :.othertivise indicated within the description given below. This Citation and Notification of Penalty (this Citation) describes violations of the Occupational Safety and Health Act of 1970. The penalty(ies) listed herein is (are) based on these violations. You must abate the violations referred to in this Citation by the dates listed and pay the penalties proposed, unless within 15 calandar days (excluding weekends and State holidays) from your receipt of this Citation and Notification of Penalty you mail a notice of contest to the Alaska Department of Labor Office at the address shown above. Please refer to the enclosed form which outlines your rights and responsibilities and which should be read in conjunction with this form. Issuance of this Citation does not constitute a finding that a violation of the Act has occurred unless there is a failure to contest as provided for in the Act or, if contested, unless this Citation is affirmed by the Review Board or a court. Posting - The law requires that a copy of this Citation and Notification of Penalty be posted immediately in a prominent place at or near the location of the violation(s) cited herein, or , if it is not practicable because of the nature of the employer's operations, where it will be readily observable by all affected employees. This Citation must remain posted until the violation(s) cited herein has (have) been abated, or for 5 working days (excluding weekends and State holidays), whichever is longer. The penalty dollar amounts need not be posted and may be marked out or covered up prior to posting. Informal Conference - An informal conference is not required. However, if you wish to have such a conference you may request one with the Chief of Enforcement during the 15 working day contest period. During such an informal conference you may present any evidence or views which you believe would support an adjustment to the citation(s) and/or penalty(ies). Citation and -Notification of Penalty Page 1 of 10 AKOSH-2(Rev. 10194) AMENDED If you are considering a request for an informal conference to discuss any issues related to this Citation and Notification of Penalty, you must take care to schedule it early enough to allow time to contest after the informal conference, should you decide to do so. Please keep in mind that a written letter of intent to contest must be submitted to the Comrissioner or his designees within 15 working days of your receipt of this Citation. The running of this contest period is not interrupted by an informal conference. If you decide to request an informal conference, please complete, remove and post the page 3 Notice to Employees next to this Citation and Notification of Penalty as soon as the time, date, and place of the informal conference have been determined. Be sure to bring to the conference any and all supporting documentation of existing conditions as well as any abatement steps taken thus far. If conditions warrant, we can enter into an informal settlement agreement which amicably resolves this matter without litigation or contest. Right to Contest - You have the right to contest this Citation and Notification of Penalty. You may contest all citation items or only individual items. You may also contest proposed penalties and/or abatement dates without contesting the underlying violations. Unless you inform the Commissioner or his designees in writine that you intend to contest the citation(s) and/or proposed Denalty(ies) within 15 worldne days after receipt the citation(s) and the Proposed penalty(ies) will become a final order of the Occupational Safety and Health Review Board and may not be reviewed by any court or a2encv. Penalty Payment - Penalties are due within 30 Calandar days of receipt of this notification unless contested. Make your check or money order payable to "State of Alaska". Please indicate the AKOSH Inspection Number on the remittance. AKOSH does not agree to any restrictions or conditions or endorsements put on any check or money order for less than the full amount due, and will cash the check or money order as if these restrictions, conditions, or endorsements do not exist. Notification Of Corrective Action - For violations which you do not contest, you should notify the Alaska Department of Labor Office promptly by letter that you have taken appropriate corrective action within the time frame set forth on this Citation. Please inform this office in writing of the abatement steps you have taken and of their dates, together with adequate supporting documentation, e.g., drawings or photographs of corrected conditions, purchase,iwork orders related to abatement actions, air sampling results, etc. Employer Discrimination Unlawful - The law prohibits discrimination by an employer against an employee for filing a complaint or for exercising any rights under this Act. An employee who believes that he/she has been discriminated against may file a complaint no later than 30 days after the discrimination occurred with the Alaska Department of Labor Office at the address shown above. Employer Rights and Responsibilities - The enclosed form outlines additional employer rights and responsibilities and should be read in conjunction with this notification. Notice to Employees - The law gives an employee or his/her representative the opportunity to object to any abatement date set for a violation if helshe believes the date to be unreasonable. The contest must be mailed to the Alaska Department of Labor Office at the address shown above and postmarked within 15 working days (excluding weekends and State holidays) of the receipt by the employer of this Citation and Notification of Penalty. - Citation and Notification of Penalty Page 2 of 10 AKOSH-2(Rev. 10/94) Alaska Department of Labor AVIENDED Labor Standards & Safety NOTICE TO EMPLOYEES OF INFORMAL CONFERENCE An informal conference has been scheduled with AKOSH to discuss the citation(s) issued on 02/07/95. The conference will be held at the AKOSH office located , Alaska, on at . Employees and/or representatives of employees have a right to attend an informal conference. Citation and -Notification of Penalty Page 3 of 10 AKOSH-2(Rev. 10/94) AMENDED State of Alaska Department of Labor Labor Standards & Safety Occupational Safety & Health P.O. Box 107022 Anchorage, Alaska 99510 Citation and Notification of Penaltv Inspection Number: 124076597 Inspection Dates: 12/05/94 - 12/05/94 Issuance Date: 03/28/95 Company Name: Kenai City of Inspection Site: 1450 Kenai Avenue, Kenai, AK 99611 The alleged violations below have been grouped because they involve similar or related hazards that may increase the potential for injury resulting from an accident. Citation 1 Item la Type of Violation: Ser10uS CFR 1910.119(d)(2)(i)(D): Process safety Information. In accordance with the schedule set forth in paragraph (e)(1), the employer shall complete a compilation of written process safety information before conducting any process hazard analysis required by the standard. The compilation of written process safety information is to enable the employer and the employees involved in operating the process to identify and understand the hazards posed by those processes involving highly hazardous chemicals. This process safety information shall includ, information pertaining to the hazards of the highly hazardous chemicals used or produced by the process, information pertaining to the technology of the process, and information pertaining to the equipment in the process. (2) Information pertaining to the technology of the proc.-ss (i) Information concerning the technology of the process shall include at the following: (D) Safe upper and lower limits for such items as temperatures, pressures, flows and compositions. FOR EXAMPLE: The written process safety information did not include safe upper and lower limits for Chlorine and Sulfur Dioxide gas flow into the waste water treatment mixing tank. I}ate $y : c :' '10 Lol must be Abated: Proposed Penalty: ... 437:5b PENALTY REDUCED See pages 1 through 3 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Citation and -Notification of Penalty Page 4 of 10 OSHA-2 (Rev. 6i93) AMENDED State of Alaska Department of Labor Labor Standards & Safety Occupational Safety & Health P.O. Box 107022 Anchorage, Alaska 99510 Citation and Notification of Penaltv Inspection Number: 124076597 Inspection Dates: 12/05/94 - 12105l94 Issuance Date: 03/28/95 Company Name: Kenai City of Inspection Site: 1450 Kenai Avenue, Kenai, AK 99611 Citation 1 Item lb Type of Violation: Serious CFR 1910.119(c)(1): Employers shall develop a written plan of action regarding the implementation of the employee participation required by this paragraph. FOR EXAMPLE: The employer did not have a written plan of action for the implementation of employee participation in the development of a process safety management program as required under 1910.119. Date B v WWca Vida Cn Must be Abated: 11/01/95 Citation 1 Item lc Type of violation: Serious CFR 1910.119(d)(2)(i)(E): Process safety Information. In accordance with the schedule set forth in paragraph (e)(1), the employer shall complete a compilation of written process safety information before conducting any process hazard analysis required by the standard. The compilation of written process safety information is to enable the employer and the employees involved in operating the process to identify and understand the hazards posed by those processes involving highly hazardous chemicals. This process safety info r :ration shall include information pertaining to the hazards of the highly hazardous chemicals used or produced by the process, information pertaining to the technology of the process, and information pertaining to the equipment in the process. (2) Information pertaining to the technology of the process. (i) Information concerning the technology of the process shall include at the following: (E) An evaluation of the consequences of deviations, including those affecting the safety and health of employees. FOR EXAMPLE: A written evaluation of consequences of deviations from operating procedures that may affect employee safety and health was not conducted by the employer at the waste water treatment plant when using chlorine and sulfur dioxide gas processes. Date By Which V iciat:on 'dust be Abated: 11/01/95 See pages 1 through 3 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Citation and -Notification of Penalty Page 5 of 10 0SHA-2 (Rev. 6193) A Msn!DED State of Alaska Department of Labor Labor Standards & Safety Occupational Safety & Health P.O. Box 107022 Anchorage, Alaska 99510 Citation and Notification of Penaltv Inspection Number: 124076597 Inspection Dates: 12/05/94 - 12/05/94 Issuance Date: 03/28/95 Company Name: Kenai City of Inspection Site: 1450 Kenai Avenue, Kenai, AK 99611 Citation 1 Item Id Type of Violation: Serious CFR 1910.119(d)(3)(i)(F): Process safety Information. In accordance with the schedule set forth in paragraph (e)(1), the employer shall complete a compilation of written process safety information before conducting any process hazard analysis required by the standard. The compilation of written process safety information is to enable the employer and the empiovees involved in operating the process to identify and understand the hazards posed by those processes involving highly hazardous chemicals. This process safety information shall include information pertaining to the hazards of the highly hazardous chemicals used or produced by the process, information pertaining to the technology of the process, and information pertaining to the equipment in the process. (3) Information pertaining to the equipment in the process. (i) Information pertaining to the equipment in the process shall include: (F) Design codes and standards employed. FOR EXAMPLE: The process safety information provided by the employer did not identify the design codes and standards employed in the construction and operation of a chlorine and sulfur dioxide treatment for the waste water plant. Date By Which Violation Idust be Abated: 11/01/95 See pages 1 through 3 of this Citation and Notification of Penalty for information on emplover and employee rights and responsibilities. - Citation and Notification of Penalty Page 6 of 10 0SHA-2 (Rev. 6/93) A M7t' N, D F ) State of Alaska Department of Labor Labor Standards & Safety Occupational Safety & Health P.O. Box 107022 Anchorage, Alaska 99510 Citation and Notification of Penaltv Inspection Number: 124076597 Inspection Dates: 12/05/94 - 12/05/94 Issuance Date: 03/28/95 Company Name: Kenai City of Inspection Site: 1450 Kenai Avenue, Kenai, AK 99611 Citation 1 Item le Type of Violation: Serious CFR 1910.119(e)(1)(i): (e) Process hazard analysis. (1) The employer shall perform an initial process hazard analysis (hazard evaluation) on processes covered by this standard. The process hazard analysis shall be appropriate to the complexity of the process and shall identify, evaluate, and control the hazards involved in the process. Employers shall determine and document the priority order for conducting process hazard analysis based on a rationale which includes such considerations as extent of the process hazards, number of potentially affected employees, age of the process, and operating history of the process. The process hazard analysis shall be conducted as soon as possible, but not later than the following schedule: (i) No less than 25 percent of the initial process hazards analysis shall be completed by May 26, 1994. FOR EXAMPLE: The employer did not perform a process hazard analysis to address the items in 1910.119(e)(3)(i) through (vii) for the chlorine and sulfur dioxide systems in place at the waster water treatment plant. Dace By Which Violation Nlust br :�bstee: Citation 1 Item 1f Type of Violation: Serious 11/01/95 CFR 1910.119(f)(1)(i)(C): (f) Operating procedures. (1) The employer shall develop and implement written operating procedures that provide clear instructions for safely conducting activities involved in each covered process consistent with the process safety information and shall address at least the following elements: (i) Steps for each operating phase: (C) Temporary operations. FOR EXAMPLE: The employer did not have adequate written operator procedures with clear instructions for temporary maintenance operations. An example includes, but is not exclusive of, the requirements necessary to isolate flow to the sampling pumps before replacement. Date By Q4'Wch Violation Nl st b-- Abated: 11/01/95 See pages 1 through 3 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Citation and -Notification of Penalty Page 7 of 10 OSHA-2 (Rev. 6193) A Mi E 4!16 D. E D State of Alaska Department of Labor Labor Standards & Safety Occupational Safety & Health P.O. Box 107022 Anchorage, Alaska 99510 Inspection Number: 124076597 Inspection Dates: 12!05/94 - 12/05/94 Issuance Date: 03/28/95 Citation and Notification of Penaltv Company Name: Kenai City of Inspection Site: 1450 Kenai Avenue, Kenai, AK 99611 Citation 1 Item 12 Type of Violation: Serious CFR 1910.119(f)(1)(i)(D): (f) Operating procedures. (1) The employer shall develop and implement written operating procedures that provide clear instructions for safely conducting activities involved in each covered process consistent with the process safety information and shall address at least the following elements: (i) Steps for each operating_ phase: (D) Emergency shutdown including the conditions under which emergency shutdown is required, and the assignment of shutdown responsibility to qualified operators to ensure that emergency shutdown is executed in a safe and timely manner. FOR EXAMPLE: The employer did not have written operator procedures with clear instructions for emergency shutdown which adequately identifies the responsibility of the operator during emergencies. Date By Which Violatica dust be bar --a: 11/01/95 Citation 1 Item lh Type of Violation: Serious CFR 1910.119(f)(1)(ii)(A): (f) Operating procedures. (1) The employer shall develop and implement written operating procedures that provide clear instructions for safely conducting activities involved in each covered process consistent with the process safety information and shall address at least the following elements: (ii) Operating limits: (A) Consequences of deviation. FOR EXAMPLE: The employer did not have written operator procedures which adequately identifies the operating limits and consequences of deviation from the operating limits. aw By VvUch Violaticnu N-:::st be A bawd: 11/01/95 See pages I through 3 of this Citation and Notification of Penalry for information on employer and employee rights and responsibilities. - Citation and Notification of Penalty Page 8 of 10 8 0SHA-2 (Rev. 6/93) AMENDED State of Alaska Inspection Number: 124076597 Department of Labor Inspection Dates: 12/ 05/94 - 12/05/94 e Labor Standards & Safety Issuance Date: 03/28/95 _ Occupational Safety & Health P.O. Box 107022 Anchorage, Alaska 99510 Citation and Notification of Penaltv Company Name: Kenai City of Inspection Site: 1450 Kenai Avenue, Kenai, AK 99611 Citation 1 Item li Type of Violation: Serious CFR 1910.119(1)(1): Management of change. The employer shall establish and implement written procedures to manage changes (except for "replacements in kind") to process chemicals, technology, equipment, and procedures to facilities that affect a covered process. FOR EXAMPLE: The employer did not adopt written management of change procedure that includes the consideration in 1910.119(1)(2)(i through v). Date By NWWch Viclad= MUSE be Abated: 11/01/95 Citation 1 Item li Type of Violation: Serious CFR 1910.1190)(2): Written procedures. The employer shall establish and implement written procedures to maintain the on -going integrity of process equipment. FOR EXAMPLE: The employer did not adopt adequate written maintenance procedures to assure the integrity of the process equipment for the Chlorine and Sulfur dioxide systems. Date Bv NNUch V io:ation '_Yiust'be Abated: 11/01/95 See pages 1 through 3 of this Citation and Notification of Penalty for information on emplover and employee rights and responsibilities. Citation and -Notification of Penalty Page 9 of 10 OSHA-2 (Rev. 6i93) AMENDED State of Alaska Department of Labor Labor Standards & Safety Occupational Safety & Health P.O. Box 107022 Anchorage, Alaska 99510 Citation and Notification of Penaltv Inspection Number: 124076597 Inspection Dates: 12'05/94 - 12/05,34 = "" Issuance Date: 03/28/95 �t Company Name: Kenai City of Inspection Site: 1450 Kenai Avenue, Kenai, AK 99611 Citation 1 Item lk Type of Violation: SenOUS CFR 1910.1190)(4)(iv): Mechanical integrity (4) Inspection and testing. (iv) The emplover shall document each inspection and test that was has been performed on process equipment. The documentation shall identify the date of the inspection or test, the name of the person who performed the inspection or test, the serial number or other identifier of the equipment on which the inspection or test was performed, a description of the inspection or test performed, and the results of the inspection or test. FOR EXAMPLE: The employer did not adequately have written documentation of inspection and test of the alarm system or other equipment used in the chlorine and sulfur dioxide process. i?ate By Which Vi©Iat:on must. be Abated: i /o /9s 1 1 FA Dennis L. Smythe, CI See pages 1 through 3 of this Citation and No:i;ication of Penalty for information on employer and employee rights and responsibilities. Citation and Notification of Penalty Page 10 of 10 OSHA-2 (Rev. 6i93) MEMORANDUM TO: Mayor Williams and City Council THROUGH: Tom Manninen, City Manager FROM: Keith Kornelis, Public Works Directb DATE: Aril 14 1 p 995 SUBJECT: STP - Method of Disinfection Change REF: Ordinance 1639-95 FOR: City Council Meeting of 4/19/95 Public Works recommends: 1. Take Ordinance No. 1639-95 off the table. (It was tabled at the 4/5/95 Council meeting.) 2. Amend to use substitute Ordinance No. 1639-95. 3. Award a Professional Engineering Contract to Vasey Engineering for a method of disinfection change at the Kenai Sewage Treatment Plant for $36,000. Public Works received proposals from $14,004 to $76,280 for the OSHA required Process Safety Management (PSM) Program. See attached March 30, 1995 memo. We did not receive any proposals to change the method of disinfection at bid time. If we change our method of disinfection and do not use 1 ton cylinders of chlorine or sulfur dioxide we do not need a PSM. I then specifically requested a cost analysis for evaluating alternative disinfection methods from CH21VI Hill and Vasey Engineering. CH2M Hill's proposal for $6,000 and Vasey's proposal for Phase I for $2,500 is attached. Please note that Wince-Corthell-Bryson is working with Vasey Engineering. Public Works wants to take a hard detailed look at the costs, both capital and maintenance and operation costs, before committing to the construction bidding, design, and inspection engineering of a disinfection method change. We do however, want to be flexible enough to immediately proceed without waiting to pass another appropriation ordinance. Therefore, we recommend passage of the substitute Ordinance No. 1639-95. Public Works requests a motion from Council for the City of Kenai to enter into a Professional Engineering Contract with Vasey Engineering for a not -to -exceed amount of $36,000 for the cost analysis, design, bidding, and inspection of an alternative method of disinfection at the Kenai STP. KK/kw ORIGINAL y Engineers Flanners Economists Scientists March 27, 1995 NPW303.12.KN Keith Kornelis Public Works Director City of Kenai 210 Fidalgo Avenue, Suite 200 Kenai, AK 99611-7794 Dear Keith: r' MAR 1995 Received City 01 Kenai Public works Dept Subject: Kenai Sewer Treatment Plan Disinfection Process Evaluation 3/a 7 /f!S- :Slrp -`r MoA As you requested, we are providing a scope of work and fee estimate for evaluating alterna- tive disinfection methods for your sewer treatment plant (STP). It is our understanding the City wishes to consider changing the current method of chlorine gas disinfection and sulfur dioxide gas dechlorination to a non -gas system. The purpose of this proposed change is to reduce real and perceived risk to the community and City employees. Scope of `'fork CH2M HILL proposes to evaluate and compare three disinfection options for the City: • Sodium Hypochlorite and Sodium Bisuifite. This liquid disinfection and dechlorination system is currently used at the Soldotna STP. • Ultraviolet Light. UV light disinfection is accomplished without chemicals. This system is currently in use at the Homer STP. • Chlorine Gas and Sulfur Dioaode Gas. This is the system currently in use at the Kenai STP. Anchorage Ofce 301 West Northern Lights Boulevard, Suite 601 907 278-2551 Anchorage. AK 99503-2662 Fax No, 907 277-9736 Keith Komelis Page 2 March 27, 1995 NPW303.12.KN CH2M HILL will develop a technical memorandum that includes the following items: • A written description of the major components and general operation of each disinfection system will be developed. One hand drawn plan view of plant modifications will be provided to show how it would be installed or retrofitted into the existing disinfection facilities for each disinfection alternative. • An estimate of the capital cost (in 1995 dollars) to install the disinfection sys- tems will be completed for the two proposal system not in use at Kenai. Costs will be order -of -magnitude estimates developed for the purpose of comparing the three systems. Design level construction cost estimates will not be devel- oped. • An estimate of the annual amount of chemical usage for annual average dis- charge flow for each alternative will be developed. The current average annual plant flow rate and discharge permit requirements will be used to estimate the chemical dosage. • Annual operation and maintenance costs for each alternative will be estimated in 1995 dollars. Categories in the estimate of annual O&M costs will include: — Labor — Major equipment repair or replacement — Chemical costs — Electrical power costs — Testing and analysis — Training — Other materials and supplies — Safety monitoring costs The City of Kenai will provide O&M information to CH2M HILL at the beginning of the project on the existing gas system for the categories listed above. Chemical costs will be estimated based on the current purchase price of the chemicals, escalated at the anticipated inflation rate for future costs. A 20-year present worth cost analysis will be developed to compare the cost of constructing and operating the two disinfection alternatives over the next 20 years. The analysis will compare O&M costs for all three systems. • Text will be developed in the memorandum that describes the general advan- tages and disadvantages of the three disinfection alternatives. Keith Kornelis Page 3 March 27, 1995 NPW303.12.KN The memorandum will not include an analysis or cost comparison of the risks associated with each disinfection alternative. The memorandum will present data and costs of each alterna- tive, however a recommendation of the most appropriate method will not be provided in the memorandum. Our scope of services does not include coordination with ADEC or other regulatory agencies. CH2M HILL will develop a draft memorandum within 45 days of receiving approval to pro- ceed and will complete a final memorandum within 30 days of completion of the City's review. If requested, CH2M HILL will be prepared for one meeting in Anchorage with Kenai staff to discuss the draft report and comments. To help keep cost to the minimum, as requested, our scope does not include any trips to Kenai by CH2M HILL staff. I will be the project manager and point of contact for the City. We have recently completed similar projects for several Oregon and Washington clients and will be using some of that information to help minimize costs to the City of Kenai. Estimated Fee We propose to complete the work described above for a lump sum cost of $6,000. Should the scope of work expand during the project, we will be prepared to negotiate additional services at a lump sum or time and materials cost, whichever is appropriate prior to doing the extra work. We look forward to completing this project for the City of Kenai and appreciate the oppor- tunity to provide engineering services to the City again. Please call me if you have any questions about the proposed scope of work or fee. Sincerely, CH2M HILL Hoy ron, P.E. Al v ater Business Line Manager ANC10040044.DOC Proposal for METHOD OF DISINFECTION CHANGE KENAI SEWAGE TREATMENT PLANT April 1995 for: NAI Prepared by: With: Wince-Corthell-Bryson vasey engineering Consulting Engineers 9 IN X NA VLE�i vasey engineering April 7, 1995 City of Kenai Public Works Department City of Kenai 210 Fidalgo Avenue, Suite 200 Kenai, Alaska 99611-7794 1478 4th street 1215 4th avenue. suite 1400 minden. nevada 89423 seattle. washington 981 702-782-2382 206-682-8264 fax 702-782-7051 fax 206-682-8491 Re: Proposal for STP - Method of Disinfection Change Ladies and Gentlemen: The team of Vasey Engineering and Wince-Corthell-Bryson Consulting Engineers is pleased to present this proposal to provide consulting engineering services for changing the disinfection system at the Kenai sewage treatment plant. We have assembled a project team and prepared a proposed approach that will address the City's concerns and complete the project efficiently and in a timely manner. The Phase I evaluation and Phase II design will be completed by Vasey Engineering staff in Seattle, with support by Wince- Corthell-B ryson staff. Most of the Phase 11 s--rvices during bidding and construction will be provided by Wince-Corthell-Bryson staff with assistance provided by Vasey staff. The combined staff prepared the recently completed Leachate Treatment Study for the City of Kenai and therefore represents a project team having significant knowledge of local conditions. The successful completion of that study also demonstrates that the project team has developed an excellent working relationship with City of Kenai staff. The Vasey Engineering and Wince-Corthell-Bryson personnel presented in this proposal are available to provide the proposed services within the schedule limitations. Both firms highly value providing services to the City of Kenai and would list this project as one of our most important. We are prepared to begin immediately and look forward to assisting the City of Kenai on this project. Sincerely, VASEY ENGINEERING Martin E. Harper, Ph.D., P.E. Principal ■ I PROJECT UNDERSTANDING The City of Kenai is presently disinfecting its treated wastewater using chlorine gas stored in one ton cylinders. Chlorine gas presents a potential safety risk to the treatment plant operators and to the surrounding environment. The objectives of this project are to evaluate alternative methods of disinfection, focusing on the use of liquid chlorine to design the recommended improvements, and to provide services during construction. The City desires to comply with the OSHA schedule to have the facilities operational by November 1, 1995. The project will consist of two phases: Phase I will be the evaluation of disinfection alternatives including the use of liquid chlorine and ultraviolet radiation; Phase II will be the engineering services during design, bidding and construction. A relatively short period of time is available to evaluate, design and construct the improvements. The project team and approach INpresented in the proposal will result in the timely and effective completion of the project. A el 0 a ■ aPROPOSED APPROACH AND SCHEDULE The proposed approach consists of two phases as requested in the RFP document. Phase I consists of an evaluation of using liquid chlorine versus gaseous chlorine to lower risks to the City. Use of ultraviolet radiation (UV) will also be evaluated conceptually. Phase II consists of the engineering services necessary for design and construction of the recommended improvements. A proposed approach for both phases is presented in the following section. Several years of treatment plant data are on file as a result of our previous project with the City of Kenai, and will be used to the maximum extent possible. The scope of work for the disinfection system evaluation is proposed as follows: 1. Update our files for 1994 flows, treatment plant performance and chlorine usage. 4 2. Obtain and evaluate operation and maintenance requirements for the existing chlorination system, including annual costs. 3. Determine future operations and maintenance requirements for the gaseous chlorination system. 4. Identify equipment, piping and storage requirements to convert the gaseous system to a liquid chlorination system. Estimate capital costs for the changes. 5. Determine operations and maintenance requirements and costs for the liquid chlorination system. 6. Compare gaseous versus liquid chlorination systems on an economic (total equivalent annual costs) basis and in terms of safety. 7. Conduct preliminary evaluation of UV disinfection system including suitability of system for disinfection Kenai WWTP effluent. Recommend steps necessary to evaluate. 8. Prepare a draft memorandum documenting the tasks and submit to the City for review and comments. 9. Prepare final memorandum addressing questions and comments by City of Kenai personnel. The following approach is provided as an example for conversion of the existing gas chlorination system to a liquid chlorination system without knowing the specific requirements of the conversion project. Once those requirements have been identified during the Phase I work, the Phase II 4 ■ approach can be modified accordingly. Because of this uncertainty, the scope of work is described in general terms in this section for design, bidding and services during construction. 1. Design Services a. Survey existing chlorination facilities to confirm the accuracy of as -built drawings. b. Review flow records and hydraulic characteristics to the treatment plant to establish design criteria for the selected disinfection system. C. Prepare 50 percent plans for review by the City. Prepare an engineer's preliminary estimate of probable construction cost. d. Prepare 95 percent plans and specifications for review by the City. e. Prepare final plans, specifications and contract documents for approval by the City and ADEC and which are suitable advertisement to receive construction bids. Prepare engineer's final cost estimate of probable construction cost. 2. Services During Bidding a. Issue contract documents for bidding. b. Answer contractor questions and issue addenda, if required. C. Hold pre -bid meeting. 11 d. Evaluate bids received. e. Attend City Council meeting on bid award. 3. Engineering Services During Construction a. Periodic site visits for construction monitoring. b. Surveying during construction. c. Office engineering, including submittal review, preparation of progress payments and change orders, contact administration. d. Attendance at pre -construction and construction meetings. e. Preparation of an operation and maintenance manual addendum for the new facilities. f. Preparation of contract record drawings. 3 a PROJECT SCHEDULE A project schedule is proposed which provides for the new disinfection system to be operational by It November 1, 1995, as required by OSHA. The schedule is graphically presented on the following page. The Phase I evaluation would be completed within one month after start of the project. Final design would be completed within six weeks after approval of the Phase I evaluation. A period of one month would be provided for bidding, and three months available for construction of the j improvements. a a 4 t r 1,�7��vasey engineering PROJECT SCHEDULE PHASE 11 Final Design Bidding Construction of Facilities KBNA/SCND- COST ESTIMATE AND FEE SCHEDULES The following cost estimate is based on the proposed approach presented in this proposal. Phase I costs can be estimated accurately while Phase II costs may change significantly based on the results of the Phase I evaluation. The estimate for Phase II design is based on a three sheet design project. Please refer to the Proposed Approach Section for the description of the tasks. Fee schedules for Vasey Engineering and Wince-Corthell-Bryson Consulting Engineers are provided on the following pages. LEVEL OF EFFORT (hours) Principal Associate Staff Word Task Engineer Engineer Drafter Processor Cost Task ($100/hr) ($70/hr) ($50/hr) ($45/hr) ($30/hr) ($) Phase I 2 10 24 4 4 $2,500 Phase II 1 16 40 80 80 40 $13,600 2 2 16 16 2 8 $2,600 3 8 60 120 40 40 $14,600 Subtotal 28 126 240 126 92 $33,300 Expenses: 2 trips (airfare, lodging, meals) at $1,000 each Reproduction of contract documents, graphics Estimated Total Project Costs $2,000 $700 $36,000 0 Suggested by: Financc City of Kenai ORDINANCE NO. 1640-95 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $4,967 FOR THE AIRPORT DRAINAGE AND SAFETY CAPITAL PROJECT FUND. WHEREAS, the City is required by State law to pay interest on retainage held on construction contracts; and WHEREAS, the FAA does not consider interest to be an eligible cost for reimbursement; and WHEREAS, because the City must finance the interest on retainage, the City's share of the project is under -funded by $4,967, even though final costs are within the budget. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: Airport Land System Increase Estimated Revenues: Appropriation of Fund Balance 4,967 Increase Appropriations: M & O - Transfers Out 4 967 Airport Drainage and Safety Capital Project Increase <Decrease> Estimated Revenues: Transfer from Airport $ 4,967 FAA Grant <4,967> PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of April, 1995. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: April 5, 1995 Adopted: April 19, 1995 Effective: April 19, 1995 Approved by Finance: (fga (3/21/95) kl c-62 2_� Suggested by: Parks & Recreati City of Kenai ORDINANCE NO. 1641-95 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $100,000 IN A NEW CAPITAL PROJECT FUND FOR PUBLIC RESTROOMS. WHEREAS, the City desires to install public restrooms at the beach, at Cunningham Park, and at the softball/greenstrip off Main Street Loop; and WHEREAS, this type of expenditure qualifies as an appropriate use of the Capital Improvement Reserve. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: Appropriation of Capital Improvement Reserve 100 000 Increase Appropriations: Non -Departmental - Transfers 100 000 Public Restroom Capital Project, 1995 Increase Estimates revenues: Transfer from General Fund 11Q0,000 Increase Appropriations: Administration $ 2,000 Construction 98,000 100 000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of April, 1995. ATTEST: Carol L. Freas, City Clerk Approved by Finance: g� (3/31/95) kl JOHN J. WILLIAMS, MAYOR Introduced: April 5, 1995 Adopted: April 19, 1995 Effective: April 19, 1995 Suggested by: City of Kenai ORDINANCE NO. 1642-95 Administrat____ AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $60,000 IN THE GENERAL FUND FOR LEGAL EXPENSES RELATED TO INLET WOODS SPECIAL ASSESSMENTS. WHEREAS, the bankruptcy filings of the owners of Inlet Woods have increased legal costs to the City; and WHEREAS, the City Administration estimates that an additional $60,000 will be needed through June 30, 1995. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: Appropriation of Fund Balance $60,000 Increase Appropriations: Legal - Professional Services $60,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of April, 1995. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: April 5, 1995 Adopted: April 19, 1995 Effective: April 19, 1995 Approved by Finance: (f-ja (3/31/95) kl Suggested by: Librari City of Kenai ORDINANCE NO. 1643-95 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $3,200 IN THE GENERAL FUND FOR LIBRARY BOOKS. WHEREAS, through March 30, 1995, the City has received approximately $2,616 as library donations for lost and damaged books; and WHEREAS, the City expects to receive an additional $584 in library donations through June 30, 1995; and WHEREAS, the Librarian has asked that this money be appropriated for the purchase of books. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: Library Donations 3 200 Increase Appropriations: Library - Books 3 200 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of April, 1995. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: April 5, 1995 Adopted: April 19, 1995 Effective: April 19, 1995 Approved by Finance: e s� (3/31/95) kl XznaC (_OM)72itt2LtfJ.-LCLT'LQ.t A PUBLIC LIBRARY IN SERVICE SINCE 1949 J 163 MAIN STREET LOOP KENAI, ALASKA 99611 (907) 283-4378 MEMORANDUM TO: Charles Brown, Finance Director FROM: Emily DeForest, Librarian DATE: 30 March 1995 SUBJECT: Appropriation from Donations account. On 30 March the amount in the Library Donations account was $2615.85. Evidently donations average about $190.00 per month. I would ask the Finance Department to appropriate $3,200.00 into the Library materials account, #4666, to be used before 30 June 1995. Suggested by: City of Kenai ORDINANCE NO. 1644-95 0-6 Parks & Recreati,,�. AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $24,000 IN THE GENERAL FUND FOR PLAYGROUND EQUIPMENT AND PATHS FOR HANDICAP ACCESS. WHEREAS, the City desires to purchase playground equipment at a cost of $20,000 for the softball field area off Main Street Loop; and WHEREAS, the City desires to install paths for handicap access to parks, at a cost of approximately $4,000; and WHEREAS, these uses appear to qualify as acceptable expenditures from the Reserve for Athletic Expenditures (Daubenspeck). 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: Reserve for Athletic Expenditures 24 000 Increase Appropriations: Parks - Machinery & Equipment $20,000 Parks - Repair & Maintenance Supplies 4,000 24 000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of April, 1995. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: April 19, 1995 Adopted: April 19, 1995 Effective: April 19, 1995 Approved by Finance: e Q (4/13/95) kl Suggested by: Parks & Rec. CommiE,---.. CITY OF KENAI RESOLUTION NO. 95-15 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A CONTRACT FOR FURNISHING PLAYGROUND EQUIPMENT TO DIVISION 10 PRODUCTS, INC. FOR THE TOTAL AMOUNT OF $20,000.00 WHICH INCLUDES THE BASIC BID. WHEREAS, the following bids were received on March 28, 1995 for the above referenced project: CONTRACTOR BASIC BID Game Time, c/o Sitelines $17,596.00 Division 10 Products, Inc. 20,000.00 Alaska Education 21,543.00 (Option 1) Alaska Education 22,204.00 (Option 2) WHEREAS, the following is a description of the basic bid: Supply playground equipment as specified in the bid specifications. WHEREAS, the recommendation from the Parks and Recreation Commission is to award the contract to Division 10 Products, Inc. for the basic bid for the total cost of $20,000.00, and WHEREAS, the Council of the City of Kenai has determined that Division 10 Product's bid for the basic bid is the most responsible bid and award to this bidder would be in the best interest of the City, and WHEREAS, sufficient monies are appropriated. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the contract for furnishing playground equipment be awarded to Division 10 Products, Inc. for the total amount of $20,000.00 which includes the basic bid. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of April, 1995. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: CSC MEMORANDUM TO: Mayor Williams and City Council THROUGH: Tom Manninen, City Manager FROM: Kayo McGillivray, Parks & Rec. Director�-�. DATE: April 13, 1995 SUBJECT: Playground Equipment Bid The Kenai Parks & Recreation Commission recommends the bid for playground equipment be awarded to Division 10 Products, Inc. (Burke) for the following reasons: 1. The Tax Compliance Certificate from the Kenai Peninsula Borough was not in the bid package from Game Time c/o Sitelines when opened on March 28, 1995. The bid specs stated bids would be rejected if the certificate was not included. The certificate was received by fax on March 30, 1995. 2. Various differences were found in the structure materials: a. Decks: Burke - 13 gauge steel Game Time - 9 gauge steel b. Clamps - Burke has a hinged clamp that encompasses the post where Game Time has a single bolt connection. Burke clamps have a lifetime warranty. 3. In installing the Game Time equipment in Municipal Park two years ago, we had a number of instances where we had to drill new holes to make pieces fit, thus prolonging the assembly time. This seems to be an on going problem with Game Time as Bob Frates reported that several people at the Maintenance Management School he attended in February mentioned the same type of problems. I contacted the Anchorage Parks Department to get a comparison of Burke and Game Time as they have both types in their park system. They echoed the same problems on installation and felt that Burke had a heavier, more solid structure. KM/kw Suggested by: City Managei CITY OF KENAI RESOLUTION NO. 95-16 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, SUPPORTING THE ESTABLISHMENT OF A BUSINESS INNOVATION CENTER WITHIN THE BOUNDARIES OF KENAI PENINSULA BOROUGH BY THE KENAI PENINSULA BOROUGH ECONOMIC DEVELOPMENT DISTRICT, INCORPORATED (EDD). WHEREAS, EDD is in the process of applying for a $1,000,000 grant from the U.S. Department of Commerce, Economic Development Administration (EDA), for the Kenai Peninsula Business Innovation Center (small business incubator); and WHEREAS, the goal of the EDD is to foster economic growth by developing and implementing a borough -wide economic development program which is designed to create employment opportunities for borough residents and complement community and individual development initiatives; and WHEREAS, the EDD has been working with small businesses throughout the Kenai Peninsula Borough through its Business Assistance Program since 1988; and WHEREAS, statistics show that a high percentage of small businesses fail in the first five years of existence; and WHEREAS, small business is the backbone of the economy in America; and WHEREAS, small business incubators have been shown to be one of the most effective tools to ensure the success of small business start-ups and reverse the failure rate; and WHEREAS, EDD is initiating plans for a Business Innovation Center as a facility to assist small businesses in their critical early stages of development; and WHEREAS, the Kenai City Council is interested in encouraging small business entrepreneurship. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, supporting the establishment of a business innovation center within the boundaries of Kenai Peninsula Borough by the Kenai Peninsula Borough Economic Development District, Incorporated (EDD). PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of April, 1995. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk L(VL�U�JL=ilJ Lr [ MUUOUL 11 MR(WOU IJ L ` BUSINESS IN NOVATION CENTER OVERSIGHT COMMITTEE MEETING v I"l'Sr'IdIIR`Ad^llyayryMs•Y.Yo • r..._.v W __ t , A) THURSDAY, APRIL 6, 1995 CARR'S MALL 4:00 TO 4:30 KENAI CITY COUNCIL CHAMBERS 4:30 TO 0:00 P.M. AGENDA rl Meet at arr's Mall in Kenai at 4:00 for a tour of the facility and afterwards moving to Kenai City Council Chambers B) BIC review committee report Presentation by Frank Muncy, Rural Economic & Community Development C) BIC building requirements D) Set upcoming meeting date E) Adjournment BUSINESS INNOVATION CENTER REVIEW COMMITTEE REPORT In the last two committee meetings, emphasis has been placed on the importance of lining up the financing opportunities. This report will bring the review committee up to date on the current financing activities. Main financing: The approach has been to make application to the EDA as the main financing source. The EDA application was submitted to the Seattle office. Berney Richert of the Anchorage office submitted a number of items on our behalf. Copies of the information he submitted are attached for your information. The Seattle office raised a number of . questions relative to the application. Mr. Richert came to Kenai on Tuesday the 28th of March to assist in the preparation of replies to those questions. After Mr. Richert left, some internal concerns arose relative to the costs to renovate the Carrs facility for use as an incubator. According to a statement from Bill Kluge, it may cost from $60 to $90 a square foot to renovate the space. This is substantially higher than we have included in our projections. A letter was sent to Mr. Kluge on Friday March 29, 1995 asking him to expedite a report to our office relative to that expense. Funding estimated at no more than $5,000 has been found to allow Mr. Kluge or another source to quickly make a determination of the estimated costs to renovate. Matching funds funds. A number of potential sources are available for potential matching 1. RC&D (Formerly Farm Home) Mr. Muncy will be in attendance at our April 6th meeting. 2. NRECA-National Rural Electric Association has funds that can be used for these programs. Available are both grants and zero interest loan funds. Hopefully, ordered applications will arrive before our meeting on the 6th. I The City of Kenai is going to allow the EDD to make a presentation to the City council relative to the city guaranteeing a loan. 4. State of Alaska DCRA. There are small grants and loans potentially available. Discussions have begun with Tom Peterson of the DCRA. 5. State of Alaska AIDEA. No application has been started for these funds, but this is definitely a source we need to pursue. 6. Bank loans. Opening discussions only have been made with local banks. J 110 S. Willow St., Suite 106 Kenai. Alaska 99611-7744 • (907) 283-3335 FAX (907) 283-3913 KENAI PENINSULA BOROUGH ECONOMIC DEVELOPMENT DISTRICT,-INC. EDD BUSINESS INNOVATION CENTER BUILDING REQUIREMENTS The Kenai Peninsula Borough Economic Development District, Inc. (EDD) is investigating the use of a portion of the Old Carrs mall for a business incubator. Small businesses in this facility will range from light manufacturing to service offices. Before we can finish our application to the U.S. Economic Development Administration for grant funding, we need to determine that the costs of renovating the space will not be prohibitive. Attached is a (rough) drawing indicating one possible layout for thr building. It is imperative that we expedite estimated renovation costs fci. the application in a few days. Of prime concern at this point are: `Costs for extending mechanical services to the various locations, especially the costs related to venting for light manufacturing and sewer requirements demanded by code. *Any potential costs related to structures to meet code requirements for manufacturing. `Costs estimated to install walls. 'Overall estimated costs for renovations (Exclusive of area drawn for EDD offices.) There are secondary concerns relating to the roof and potential asbestos/PCB's. The EDD has the original drawings from Carrs to assist in the cost determination. In the event estimated costs meet our projected financial capabilities, we will need professional (though not necessarily final) drawings prepared for inclusion in the application. Please advise us immediately of your availability to provide this information in a few days. We apologize for the rush, but we have run into deadlines we must meet. Sincerely: William L. Root 31 �k Business Development Director March 14, 1995 Mr. Harold. Levine Carr-Gottstein Properties 550 West Seventh Ave., Suite 1540 Anchorage, AK 99501 Dear Mr. Levine: It was good to meet last Friday in your offices with you and Mr. Robert Martin of Carr-Gottstein and wi_h Mr. Tim Navarre and Mr. Bill Root representing the Kenai Pe: nsula borough Economic Development District (EDD). ' You have requested confirmaz"!.cn of several stateme:,ys which entered into our discussions, i :cluding coei es of the apFlicat _on From the EDD to the Economic Development Adn—d _st_azion (=DA1J, my memorandum I n support of the project to the Seattle Regional Office, and some sort of confirmation as to the probahil_ty of finding From EDA in support of the EDD's Business T_ncubatcr. I have been :^. :his position s=nce .he fall cf 1983 and the fir - projects _n -w Ch I ha resporsioi.-_y were .e___or beg_iaing . October of 1963, Federal F=scal Year 1 84. went }h.oug the list of approved projects for this time perk:: - and _ ^V. V en` _ -__d those Projects relat_ng ?ub'__c works (facilities ^_ants) and Revolving Loam Fund grant_. Or.'_y approved ?=ejec=; appear on .he 1_st. During zhis r-ima one ar -t .... ♦w t-..r _na 6 �5 ` _ , _ a._ as =oc., _-.. ` s is tan Secretary of Cc-ntmerce _ cr 'Ecor._..._ D_ve1 oprr.eL, (t :e read of .he Agency) r elating to a regional jar'_ _ahad a significant number cf private sector ^:s relat_ng the project. The Ass -,start Secretary at t e t_me craw -Can in a T:br�-. i' ::n • _ e amene prison :cr, I believe some six years, and he did not '__l:e ja_'s or prisons. Actually, within a few :n.,n `_hs or _`:e rejection "he policy was changed to per-mit E P. assis _ance for regional prison facilities, but by then, ;.he ca;m-r�.._ty had reduced the size 0+ the facility and had made changes so that they could otherwise compete construction. At about _ :is same t*_, e, about _ 98, a do--k project for a sma': community was not denied, but :,D3 fun^iny^ was reduced Cue to the perceived small impact which 4 he project might have. The comnu..i}F could not build the d_ck due to 1-ack cf local fl-mdir:ti capacity. One p-eject whicr aces riot really fa into _ «::s ca_eg rr ht �e of _..tee: �STO�S� but -^ =omrrir_:_.; ^ppc•==c _zld S_�ra.�l� �ecG12SE .`ey a:.: _ want _JCai __she._ :rn_ able _L _:or_ _:rein c:; rather 6 Page two. Letter if Marcl 14, 1995. then having to -e' ; direct unlikely to Pursue -Y �o p:ccess=rs • E.^.' _Y ' a project t n hlg .' _ where there �s -coal or_asi_ion It appears to �r:e that the Kenai RUM T . which has all the necessary -^� Project is = vet_+ s:;t:..:d �Y=-�_+ components to work. = the s_att Re _coal a±:a z:'•c:csi;.Sr-~e memo to Go � _e relevant portionsthg- or_-ce, as requested, c r "• ..:, get a u- data on high .. ^ e a. Llication. Not included _a _t._ believe s- =._:n_ :OYMent and related-r_+or. ist- c`-. i re that the EDD w-3 s�atisti�s. anticipated private sector extremely yconservative on their expect an ever. higher c--'01 develcpmen= estimates, as = would beae=i= ratio. EDA is cautious net to. promise a award , made. The new c:sc..� � T grant- awa_.. until ..,a -- Year and, an aaa_,� is funds would become avai:a: le after phesumab' y, .he concurrent new e star;, of the r_ew 1996 Fiscal Year, beginning October 1, 1995. Realistically, many different factors, it may ae a matter -�_� depending uPc n are guarded. mcr_ ..s Afore ran=� =DA has made great strides in avci . ing ld pattern of some years age w e : Perhaps BO t ,. an c during the vet ,,. L 90 pe_oe^*- -f awar3s were Made n- Y ast ;, W-September} months 0 the fiscal year. Grants new tend to he Larded throughout the ..ear. - Y If you feel that = may be of :;:_the_ a ss__-_.., e, please let me other information know. I have also provided certain c: -^ Programs which you may find of interest. �:`A's Sincerely, Bernhard Richert Economic Development Representative Enclosures. .7- United States DEpARTI-TENT OF COMMERCE ECONOMI: DEVELOPMENT ADir INISTRATIOIJ 60- WEST FOUR'_ AVENUE, ROOM G--80 ANCHORAGE, AX 99501 TE.LPiiONE: (907)271-2272 FACSIMILE: (907)271-2274 March 1, lags Memorandum for :'ho.nias t;ayl or SRO PW From: Bernhard Richert EDR, Alaska Sub;ect: COMPETITIVE ANP.iYSIS STATEMENT FOR THE KENAI PEN:NSU, A BOROUGH 4CONO IC, 0EVfiL,:,P tE�*m --,_STRICT, INNOVATION TER !NC. , BL*SIIrESS The Kenai Peninsula EDD is cenerally recog ze fines i * t � =_ d as one of •►-o t D_str_c_s in she country. Thei_� the to local needs and �• Programs are very i .�e-ests; the EDD has a s „ nvolved Board of ii- ctors and competent tr"ng and ..mpe, ent staff: the Dis_rict has been developing this project for several years; and t =ey Piave broad range of complimentary programs which wi_i �, i+-t objectives of tP:_ :nncvation Center (Inct s_st _. Lbato_), The facility wil' ��„ _ __.. a need =r :he Kenai =sn= the strong ent=eoreneuria.l - - =su1a, bass: upon e ests of the local people as exemplified by the magnit:;de of activity in the EDD's RLF and Business Assistance p,o;rar s. Because cf *1. he 4n*errelati,,, of the EDD &rog_ams _o .hose c,.F t'rgIe _n_^.ovation ^.enter, I have the Distr,:t , ito cc -locate __ the -facility. �� ea Factors related tc the potential = _recess o_ the ^reject. o 'T'he prc ject ^ :•i e � el sheltered Y. o j s _". ..P,e _-•. ep:r.e:-:_ c'_ b�si_ esses KI}h• `F _ec_:zy, a*:o �_-= ere,ore be �i_ectly invo::ed _n expansion of ind*-stria: and cor nercial o The project will d rect,y css__t in creat=::g and reta:r._ Private sector jchs in the near and ;or. -+erm. ^g 9 � The job cost ratio Will undoubtedly be •-educed to very :ow level after a ►ear--e .eve. y number of businesses ha%,e 7raduatea fj-am the _ r ncubat� . o The rang-teri "emp'_cyed aad membe?s of ':ow-inccrr►e �a.,lilies will be served by the-roje�t ^.'l:e "i;er,ai" ?:as consisentl been an "30 area for a rnamber of .•ears. ' The Business .-f?'here are no == =' r �; -- - --s an :: nmet and p:-essing �.r need. ..r} ,�. - -which =a.=1 provide t�:@ r = "'e - suppo. f ch new I Usinesses dema nw. 9 rage two. Kenai incubator. 3/0 95 o The project has been a priority in the OW for several years. o The project will lead to direct and significant private sector investment. I feel the EDD has been very conservative in their estimated. o Entrepreneurship will be greatly enhanced and promoted, and there is good expectation that exports, a3 well as technology initiatives, will be strongly increased as a program result. o The EDD is good at obtaining local match,, and they have indicated that they will be able to match the EDA grant. o There are no enterprise zones in Alaska, but rural development will be supported. D Because A the nature o: .he prOect , no imped'_tnents are anticipated in regard to permits or other req;.:irements. o The commitments which the = will be making in supper• of the incubator .each way beyond their significant financial contribution. o The local capacity and nature of the roject provide -good indication that constructon can begin and be accomplished in a most satisfactory manner. o The whole of the EDD is desi_^sated as a Redevelo_mer_t Area This is the first _r.c iator prn ec_ Or _ =l;a?:' a , and d expect it to be a strong project. 1 strcn gly recommeni and enisrse the p_cject. Bernhard Richer E'ER, Alaska (Rev. 9-SE) ECONO►{IC DEVELOPMENT ADMIhIS'R„TION PREAPPLICA,ION ANALYSIS I I Locator Ho.:. 1. Applicant !lame: �� � /E'wirr5K1� �rouS i•. ���'^a-s.'c �✓e%�'� ?. Brief Project DeSC:iA:ion: uate P-eapp. Rect: 3—).— =. ?role_: Location (City, County.State) .fk/Q two rc, 141 As • s :.r s s 7�� M o vL 1 4. Program 5. Type of Area /.� P IP l—1 Regular �_/ 6• Ent iry � :0 Redevelopment Area r7 Ly` i ! PIP '_i Special Ispact /�7 Urban Area e0=j Area J?�Rural I'. If M3ximuR Grant El.gibility ? Fropcsed Funding I S ED S'r,are 9- got Sst: s 7.5 t) =Pie A*e2 E Bonus State 3 DO Local Share No. (.75 t) i 'cnf ir3ed" Sarec+ /O 4^nppr _ $� t /� Yes tither Term (0 t) ! L� O CrFi I ha S /tea_ Total Cost 100t I �enstruct+on �'= 4 J 110- Job � A�S� COw!•f!r wq+ ,Q ' ��- Cost Ratio EDA �3T a /`-conf-.r_ed" saved and new term pernaner: ice LDA cns•:ucti0n 111. Area statistics (ilro) ,ear .aeow G% :.aver Force v CC..7Z I S 1: ti e: r��- o,-,'a,, Wiz•'-= ,- ..s Minor . ty Labor Fore f oral Yopu:ation —�'-,e`�•�,�r.•_y: l an:. ending 1 e. i)' • ��ulation 4, r Me.iu� F--ily Intone S L :_v _ �---2 '�` !`cnth encing er =�FI Orr:P-. Mop: h en31A f.i-a Income "—'�-;�+7— Month ending I i trngram Objective ii0::c:k o^.ly one) _' Stab)--_e•'Di:ers:_� r1e:e:orQent _ Growth F:cject .lassifi_2ticn `:heck only onol 177 Rise lndustz:al Dese'_opr_ent Cc�L7e.cia: eY_1 ..t ->*:v Human Resource C r.nunity Develc=aer.t "ouzisc;Aecreation Development Development '-=• EDP (NA for PWIP) The nedeveloemcnt Area �- NA j r� Or ECO^.o�11C UeYElopr..n:j:4 ^n which tht project .s to be located -as a DP and the pro- :s _oas:s:er.i w°:- the `J;:�nt1y ap-ro•,e� aad priorities of that ;,ci;P. - -...ve pste ci iiEDF :,paro:s:'Upcate /ft monrrly r'. ke^^rl Lrl _ r' 4 tip:'U� y1__ dn'�'�, t=�CS�ticd^.�`i.�Y:^snV,.oUts=anding �tn.s'Or15. ^-xp...r.. i� Yes• /��i:o -------------------- 17. Previous EDA Assistance- a. Has the applicant previously b. If has received EDA as sis:ancel �..� yes, them been or is with any previous tkere preser.t!y a problem x� yes /-7 No projects? c. Would t o problem affect roe success of this project? If — Yts No identify tre previous project and explain, yes. -_ yes i / No is. Site visit Have yoss been to the proposed pro)tct site? yes %7 No 19. Other Federal A encv Cocrdin-•ion Have you contacted, Consulted or rega ding MIS interest in this advised any other Fedtrzl agencies protect? If Yes. ezp!airk. y'es ,r'j No aHA /7 HUD l�j ---PA _ FMFS 17 AA ir7 i0ther 20. PWIP Projects Only Is the project a labor intensive employment for the unetployed anL type that is likelyto .esu' "` - +� i. Gon:t%ct:_n J:,det_ .OVed ;eslde" s in t`e•P IP area Yes /- 21. Policy Discussion The appl!zant has been zdvised of the iI ..1 ov:ng EJA pcl:ei _: a: -.a i.=t'-=--ti'es. Project Development TiWe Schedule e___!Oymert plan Grantee Coniiiet of Interest 3:t;aticr.s fionraloeat? E.Q.-1:37.2 Stare Revitw Process -- =xctss Caa:i•v ^ d Applicant and Qthe: Party F 5 e¢tian +,Z} Requirements azimua Lota., U EDA are ^! Atto n C Lsst Litn Rtquireaen: !bui:?ir �j r eyJ o su!: ... -sss P-Operty Value Agreeaen:_ L' Prohibition .ndustrla! Park '?arket:ng S t'S 2Z. Ccmpetit!ve Analysis This project does (1 does nc ( ` �3rr-s'd.e=etion outlined in the ann_-i 'redara. F.eo'�te• _-_. r `�e ccape•.:.;e se:ec_� ,, :a: fcr „� �...: and�.ti. cur7tnt Assistant Secrtta_y Instrilcri ns. — /ft Y EDR Analysis Attach Four evaluation n the r^;-- is :e -i. announcement and justify +our zccorm� ,�;e c' �e-ia in :he =eta_ ., inter is s ,^roiec peg is... of ever_-ng Or__cia,} ll � � 1 4 r0 t1� Pr--r- Ectn09fic ntveloDment Zivresent&: (Type or Print Name) (�itll 7 Attachment: EDR Analysis I I I a� �----� �� 6 APR 17 '95 10:23 KPB/ECON. DEV. DIST.907 293 3913 115N.wiuow$tmat,Suite 100 C. R. Baldwin Keaai, AInk- 09611 Phone (907)293-7167 Lawyer Fax (907)283-8435 April 13, 1995 Aleja DeVito Economic Development District I10 S. Willow Street, Suite 106 Kenai, AK 99611 Re: Authority of EDD to Incur Debt Dear Aleja: RECEIVED 4F, CITY ADMIN. OF KENAI C,e +0 3 4 W You have asked me for an opinion for as to whether or not the Kenai Peninsula Borough Economic Development District, Inc. has the corporate power to borrow money. Under the Articles of Incorporation, the purpose of the corporation "is to foster economic growth by developing and implementing a borough -wide economic development program which is designed to create employment opportunities for Borough residents and complement community and individual development initiatives." Its Articles of Incorporation give it the authority to "undertake such lawful acts as are reasonably necessary to carry out the foregoing purpose. " The Bylaws of EDD provide as follows: "To accomplish its purpose, the Corporation shall have authority to ... perform other duties consistent with state and federal statute requirements for nonprofit corporations and economic development districts." The State Nonprofit Corporation Act provides that a corporation may "(8) make contracts, incur liabilities, borrow money at rates of interest the corporation may determine, issue notes, bonds, and other obligations, and secure any of its obligations by mortgage or pledge of all or any of its property, franchises, and income." AS 10.20.011(8). Accordingly, it is my opinion.that so long as the board of directors reasonably determines the borrowing of money is reasonably necessary to accomplish the purposes for which the EDD was created, the corporation has the lawful power and authority to borrow money to accomplish those purposes. 70: -ro,-a -r*-,d0/n: 44UZ-14 T�'-y. APR 17 '95 10:24 KPB/ECON. DEV. DIST.907 283 3913 P.2 Aleja DeVito April 13, 1995 Page 2 I hope that the foregoing adequately addresses your questions. If you have any further questions or concerns, please feel free to call me. Very truly yours, i C. R. BALDWIN CRBlhs Suggested by: Public Works City of Kenai RESOLUTION NO. 95-17 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA TRANSFERRING $2,275 IN THE MISSION STREET CAPITAL PROJECT FUND FOR SURVEYS ON MISSION AND OVERLAND STREETS. WHEREAS, the City desires to hire the design engineer of the Mission Street Project to conduct additional surveys on Mission and Overland Streets; and WHEREAS, money is available in the construction account to transfer. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following budget transfers be made: Mission Street Capital Project From: Construction $2,275 To: Engineering $2,275 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of April, 1995. JOHN J. WILLIAMS, MAYOR Attest: Carol L. Freas, City Clerk Approved by Finance: c 4 a (4/13/95) kl AMENDMENT NO. 2 to AGREEMENT TO FURNISH ENGINEERING DESIGN SERVICES dated JULY 15, 1992 for MISSION STREET IMPROVEMENTS between The City of Kenai and Mike Tauriainen, P.E. Be it hereby mutually agreed upon by the OWNER, the City of Kenai, and the ENGINEER, Mike Tauriainen, P.E., that the AGREEMENT TO FURNISH PROJECT ENGINEERING DESIGN SERVICES TO THE CITY OF KENAI, ALASKA ON THE MISSION STREET IMPROVEMENTS CONTRACT be amended as follows: 1. The ENGINEER shall furnish the following services: Mission Street: Survey new X-sections along revised center line. Overland Street: (Mission St. to Visitor Center) Survey utilities, driveways, curbs, homes, buildings and additional improvements within right-of-ways. Provide plan sheets showing gathered data including street rights -of -way for take analysis. All of the applicable conditions and items listed in the original Agreement will be adhered to for this Amendment. In order to provide for additional costs for this additional work, Mike Tauriainen, P.E., will s bill the City according to his letter of March 20, 1995, but not -to -exceed $2,275.00 (Mission St. = $825 and Overland St. = $1450). The Council of the City of Kenai, Alaska approved of Resolution 95-_ on April 19, 1995, transferring funds into Engineering for this work. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Amendment in duplicate on the respective dates indicated below: (SEAL) ATTEST: Typed Name: Carol L. Freas Title: City Clerk ATTEST: Typed Name: Title: OWNER: CITY OF KENAI By: Typed Name: Thomas J. Manninen Title: City Manager Date: ENGINEER: Mike Tauriainen, P.E. By: Typed Name: Mike Tauriainen. P.E. Title: Date: CONSULTING ENGINEERS, INC. Mike iauriamen. P,,E,, J � March 20, 1995 AAmpR. T Keith Kornelis r tq Public Works Director City of Kenai 210 Fidalgo, Suite 200 Kenai, AK 99611-7794 Subject: Mission Street Detailed Proposal for Extra Work Decorative Street Lighting, Sidewalks, and Survey Per your request, the following is a more detailed breakdown of our February 6, 1995 proposal. MISSION STREET Survev new X-sections along revised centerline Electrical Design: On site meeting Design Development Submittal Construction Document Submittal On site presentation at meeting Civil Design: Coordination of Additional Work OVERLAND STREET (Mission Street to Visitor Center) Survey utilities, driveways, curbs, homes, buildings and additional improvements within right-of-ways. Provide plan sheets showing gathered data including street riqhts-of-way for take analysis. Electrical Design: Design Development Submittal Constructicn Submittal Civil Design: Coordination & Sidewalk Design Please call if you have further questions. Sincerely, Henry Kn#ksted Proi aineer February 6, 1995 Proposal $ 825 990 1265 1925 990 505 $6500 $1450 1450 2150 1300 $6350 35186 SPUR HWY SOLOOTNA, AK 99669 (9071262-4624 FAX 262-5777 KENAI AIRPORT COMMISSION April 13, 1995 City Hall Council Chambers 7:00 p.m. Chairman Tom Thibodeau *****AGENDA***** 1. ROLL CALL Members present: Henry Knackstedt, Bob Scott, Ron Holloway Members absent: Bonnie Koerber, Joel Kopp, Barbara Edwards, Tom Thibodeau Due to the lack of a quorum the meeting was cancelled at 7:05 p.m. Respectfully submitted, to HArvey,zAflministrative Assistant HENAI AIRPORT COMMISSION April 13, 1993 City Hall Council Chambers 7:00 p.m. Chairman Tom Thibodeau `•'•`AGENDA•••** 1. ROLL CALL 2. APPROVAL OF AGENDA 3. PERSONS PRESENT SCHEDULED TO BE HEARD a. Major Gary Hunt, Commander CAP 4. APPROVAL OF *MINUTES Many 9.1995 5. OLD BUSINESS S. NEW BUSINESS 7. AIRPORT MANAGER'S REPORT & COAflHISSION COM31[ENTS AND QUESTIONS 9. INFORMATION ITEMS 10. ADJOURNMENT PLEASE CONTACT LORETTA HARVEY AT 283-7933 IF YOU ARE UNABLE TO ATTEND SO WE CAN ESTABLISH A QUORUDL D_a Harbor Commission ***Minutes*** April 10, 1995 - 7:00 p.m. City Council Chambers Chairman Will Jahrig 1. ROLL CALL Members Present: Will Jahrig, Jeannie Munn, Mike McCune, George Spracher, Tom Thompson Members Absent: Ray McCubbins, Barry Eldridge Also Present: Jim Bookey (arrived at 7:30), Keith Kornelis, Debby Fahnholz, Arthur Robinson 2. APPROVAL OF AGENDA Will Jahrig asked that discussion of a gangway be added to Old Business. Jeannie Munn MOVED to approve the agenda as amended. George Spracher SECONDED. The agenda was approved as amended. 3. APPROVAL OF MINUTES Jeannie Munn MOVED that minutes be approved. George Spracher SECONDED. The minutes were approved as written. 4. PERSONS SCHEDULED TO BE HEARD a. Arthur Robinson - Approached Commission requesting their approval to approach Council to lease or obtain a special land use permit for space on the city dock. He stated he would need space to place a trailer for office space to load and unload passengers for a new scenic and wildlife tour business he will be beginning on June 1. He stated he would envision placing a single -wide trailer somewhat near the dock and would need access to electricity. Keith Kornelis responded that the Harbor Commission has stated in the past they Harbor Commission April 10, 1995 Page 1 would like to support this type of enterprise. The Harbor Commission would need to endorse the project before approaching Council. Keith stated there was power to the wellhouse. Mike McCune stated that he felt it was in the line of what the Harbor Commission should endorse. Tom Thompson mentioned he wasn't sure about loading and unloading passengers on the dock. Mr. Robinson stated he would be willing to provide a gangway, if needed. He stated he had a 56' vessel that is Coast Guard approved to handle up to 60 passengers. Mike McCune MOVED to accept his proposal and endorse the project to Council. Jeannie Munn SECONDED the motion. The motion passed with a uninimous vote. 5. OLD BUSINESS a. Mooring Buoys - Keith Kornelis stated that he hadn't heard anything lately. He stated he didn't really expect anything to happen this season. b. Gangway - Keith stated that latest he had was that Mr. Nelson thinks he can make a cantilever design. Only two boats will be able to unload instead of three. It is still in the design phase now, but the drawings should be done soon and it will be able to go out to bid. They will use the existing floats, but if there is enough money available they may be able to widen the floats. Tom Thompson asked if the gangway would be wide enough for wheelchair access. Keith stated that they are wide enough, but the angle would be too severe to allow safe wheelchair access. 6. NEW BUSINESS a. Corps Permit Application - Will Jahrig stated that since today was the deadline, it was too late to do anything about it. b. Ship to Shore Tours Land Lease - Discussed earlier. 7. INFORMATION a. Rip Rap - Mike McCune stated he hasn't done much on it, but the persons owning the rip rap wasn't opposed to working something out with the city. Will Jahrig stated the Harbor Commission April 10, 1995 Page 2 city almost has to do something about the erosion problems. Jim Bookey arrived. Will Jahrig stated that his concern was that the next storm was just going to make the erosion worse, and the condition would deteriorate with each storm. Jim Bookey stated he felt it was just natural erosion in action. He stated he would be willing to approach Council with placing the rip rap if it becomes available, but felt it needed more planning. Bookey stated he felt there were three issues that needed to be addressed as far as the Kenai River is concerned and that included the water column, the commercial issue, and the property owners. He felt they all need to work together in order for the Kenai river to survive. He stated that Kenai needs the commercial industry as well as tourism. He felt it can be done if both work together. Bookey stated that the Commission needed to get something from the owners of the rip rap in order to determine what they would want for the cement pillars. Will stated that they would need to get an appraisal on them. Keith Kornelis stated he would attempt to get an appraisal done on the rip rap available. Mike McCune stated there were approximately 80 pillars available. Jim Bookey stated he would like to present to Council the direction the Harbor Commission is attempting to go at the next Council meeting. 8. COMMISSIONER COMMENTS AND QUESTIONS None. 9. ADJOURNMENT The next meeting was scheduled for May 8, 1995. George Spracher MOVED to adjourn. Jeannie Munn SECONDED. The meeting was adjourned at 8:15 p.m. Respectfully submitted, Debby J. Fahnholz _ Harbor Commission April 10, 1995 Page 3 Library Commission ***Minutes*** April 4, 1995 - 7:30 p.m. Kenai Library Chambers Chairman Kathy Heus 1. ROLL CALL D-� Members Present: Kathy Heus, Carol Brenckle, Bob Peters, Janet Brown, Janice Rodes, Katherine Komelis Members Absent: Vince O'Reilly Also Present: Emily DeForest, Ethel Clausen, Christine Monfor, Debby Fahnholz 2. APPROVAL OF AGENDA Kathy Heus asked that Author Signing be added under New Business. Carol Brenckle MOVED to add the item, Janet Brown SECONDED. The vote was unanimous. 3. APPROVAL OF MINUTES Katherine Kornelis asked if "patron" should be changed to "individual" on Page 2, Item 1 of the minutes. This was noted correctly on the DRAFT of the Procedures for Challenged Material. Also on Page 2, Item B, "Obectives" should be "Objectives". Janet Brown MOVED to accept the minutes as amended. Carol Brenckle SECONDED. The minutes were approved as amended. 4. PERSONS SCHEDULED TO BE HEARD None. 5. DIRECTOR'S REPORT Emily DeForest noted in March there were 9,254 books circulated. This was up from 7,381 books in February. There were five volunteers for the first Sunday opening. There were 79 patrons and 122 books checked out during the three-hour opening. Library Commission April 4, 1995 Page 1 Emily also noted that there were 1,131 gifts to the library last year from the Friends of the Library and others, with donations totalling $5,400 and an additional $2,000 for videos. 7. OLD BUSINESS A. Library Policy - Kathy Heus explained that the Library Policy structure still needed to be reviewed, as well as the Procedures for Challenged Materials. Bob Peters MOVED that the Policies and Procedures for Challenged Materials be accepted as written. Janet Brown SECONDED. There were questions on spelling and organization. The motion was not approved. Kathy Heus suggested "with" should be changed to "within" on Item 2 of the Procedures. Carol Brenckle suggested adding "requesting reconsideration" to Item 3 of the Procedures. Carol Brenckle brought up discussion regarding costs mentioned in Item 6. Emily suggested adding "for further" to be more specific. Christine Monfor stated that there could in fact be additional costs, such as secretarial, copying, etc. if another hearing were required, but the costs should be stated more clearly, or the item should be left off completely. Janice Rodes MOVED to accept the Policy and the Procedures for Challenged Materials as amended. Bob Peters SECONDED. The vote was unanimous. B. Goals and Objectives - Kathy Heus suggested adding "budget" behind "rentals" for clarification purposes. Janet Brown MOVED to approve the Goals and Objectives. Katherine Kornelis SECONDED. The vote was unanimous and the Goals and Objectives were approved as amended. C. Friends of the Library - Kathy Heus discussed the summer book sale scheduled for June 9 and 10. The Friends will be distribute flyers requesting donations and another flyer advertising the event. She stated there was some confusion over sustaining membership and annual membership. The decision was that the $50 membership would be a couple or family membership, or you could choose the individual Library Commission April 4, 1995 Page 2 membership. It was also decided not to mail out the minutes every month and instead, periodically send out a newsletter. Carol Brenckle suggested publishing something in the newspaper. Kathy stated she would bring that up at the next Friends meeting. Carol Brenckle suggested that the Museum is advertising for interested persons to act on their Cultural Committee. She suggested that some from the Friends be active on that committee. Emily DeForest stated that she had been asked to attend the first meeting and hopes to attend further. D. Vacancy - Kathy Heus stated that the Library Commission position is still vacant. E. Fees Increase - Emily DeForest stated that the suggested fee increase has been tabled until the budget has been decided. Inter -library loan requests may have to be charged if funding is discontinued. 8. NEW BUSINESS A. Library Expansion Plans - Emily DeForest brought out the plans for everyone to review. Kathy Heus suggested that if anyone had any ideas or suggestions to be added to the plans, to let the Commission know. Heus asked about magazine and document storage. Emily stated that the current meeting room would probably be used for that, or possibly as an Alaskana room. B. Training for Sunday Hours - Kathy Heus suggested those interested in volunteering for the Sunday hours should come in early for training. C. Author Signing - Kathy Heus suggested that the Friends might want to have an affair for Anita Hakkinen, a local author. Also, Dave Reynolds' book will be out in August. D. Other - Bob Peters mentioned there had been an article in the paper on SLED. The article stated that funding for SLED had been cut. Emily DeForest stated that the funding had run out, but somehow they had come up with enough funds through the end of the year. Bob felt it would be something we should continue to support. He also mentioned that Loussac Library gives classes on SLED. 9. COMMISSIONER COMMENTS AND QUESTIONS Christine Monfor stated she was privileged to be able to view some 1954 Kenai newspapers which contained library reports. She is attempting to get copies. Library Commission April 4, 1995 Page 3 10. ADJOURNMENT Carol Brenckle MOVED to adjourn. Bob Peters SECONDED the motion. The meeting was adjourned at 9:00 p.m. Respectfully submitted, Debby J. F olz. J Library Commission April 4, 1995 Page 4 CITY OF KU D-� it Gil 6;aflit4l 4 A94.41%rc-c& 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 ~ TELEPHONE 907-283-7535 FAX 907-283-3014 Gftvf �r.loon CITY OF KENAI IIIII' 1992 BACKGROUND AND PERSONAL DATA - CANDIDATES FOR APPOINTMENT TO COMMITTEES AND COMMISSIONS DATE: ( h NAME: �orreo'e- f ol-'6 e c; Resident of the City of Kenai? How long? / c Residence Address /'/. Mailing Address pSC'12�� Telephone No. Business Address `2 TelepphoOne� No. EMPLOYER:�..z��_L /`�vYtO/+LG%��id-C 7 Job Title S.�xLt�.tc NAME OF SPOUSE: i(J,2 t,C''x- ,fir ZGL-C�4� Current membership in organizations:APR 1995 / CLERK Past organizational memberships: ` COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED: WHY DO YOU WANT TO BE INVOLVED WITH THIS COMMISSION OR COMMITTEE? Si ature G 9(enai Community Zdnazy A PUBLIC LIBRARY IN SERVICE SINCE 1949 163 MAIN STREET LOOP KENAI, ALASKA 99611 REPORT FOR THE MONTH OF MARCH 1995 Circulation Adult Juvenile Easy Books Fiction 2403 842 1504 Non -Fiction 3161 457 549 Periodicals 120 Kits Puzzles Phonodiscs Cassettes Videos Misc. 10 22 11 117 763 .157 Total Printed Materials .. 9036 Total Circulation .. 10116 Additions Docs Adult Juvenile Easy Books AV Gifts 116 84 17 29 --- Purchases 93 22 24 Total Additions .. 385 Interlibrary Loans Ordered Received Returned Books 52 48 37 Interlibrary Loans by our Library .. Books 83 Volunteers Number .. 23 Total Hours .. 171 Income Fines and Sale Books 1,336.55 Lost or Damaged Books 117.40 Xerox 443.50 Donations 99.25 Total Income for March 1995 ... $1,996.70 -9(Enai. Community -fd azy A PUBLIC LIBRARY IN SERVICE SINCE 1949 163 MAIN STREET LOOP KENAI, ALASKA 99611 (907) 283-4378 Library Cards Issued March, 1995 Kenai 49 Homer 1 Kasilof 7 Nikiski 18 Ninilchik 4 Soldotna 41 Sterling 1 Other 4 125 Library Patronage ... 8,009 Persons -at Time Checkout lewals 'HECKOUTS jular Checkins .a Checkins :HECKINS Mina Notices Ids Notices ered trans Rea, trans Deleted ties Added ems Added at Adds I 'If.31-11HLY MANAGEMENT REPORT Monthl\, Manaaement Report BRANI-H - - kenai COMML[nit,/ Library - 011 MAP 6*0verview- 01 MAR 1995 01 FEN 1995 X Change OC312 442 336 14 .5% 9254 7301 21;.4% E.92E_ 5 t, 7 _3 13641 1029 S 01 X, 5236 E-717 23.4% a 12 47 07 .2% 7 -22 .2% I E.E. 134 23.9% -3 301D 192 56.3% 81?4 622 43.7% 336 275 2P.2% lt+l MAR Vs+--.4'4 Y. Change FYTEi Last FYTV Change to 31 MAR to 31 MAR SE-28 2.0% E-2673 64?,59 2 674 -34.4% 3743 4117 ,?312 :-E.416 6047E, 3. 0% 7239 - 4 . EX 54;14;138 52744 1", 1444 -5 . S% 10308 111.10 -7.2% 8E13 31 - 4 . 6 % 7:14-1, -5.5% 65 35 .4% 50O2 E-34 -8.0*: 13 -46.2% 94 94 C4.0% 251 -32.9% 1237 1712 -24.8% -34 -91.2% -2@2 -406 -50.2% 179 67.6% 2776 2094 32.6% 452 97.8% 6342 45a4 38.4% ?92 -14 .3y, 2547 2960 R I995 15 -, 5f E. MON_fHLY MANAGEMENT REPORT Monthly Management Reoart NON-FICTION (ADULT% BIOGRAPHY AUDIO CASSETTES CAMERAS PERIODICALS i, DOCUMENTS EASY FICTION EASY NON-FICTION EQUIPMENT FICTION (ADULT) FILMS/FILMSTRIPS (ADULT INTERLIBRARY LOAN JUV. AUDIOCASSETTES JUV. FICTION M JUV. FILMS/FILMSTRIPS JUV. NON-FICTION JUV. PHONODISCS K JUVENILE PAPERBACK KIT MAPS MICROFILM/FICHE �c PuzzLEVGAMES ,F iMACHINE READABLE DATA F -BK NON-FICTION PAPERBACK PHONODISCS PAMPHLETS PAPERBACKS VIDEO CASSETTES VERTICAL FILE DATA LOAD PROBLEMS 'Al 11AF, ?95 3%-2E 47 1200 43 1504 IT-49 15- * 7 2,;121 43 24 732 4�7 10 22 4 11 31G 2 763 2 BRANCH - - Kenai Community Library - ih I MAP' t `­-4 5 **Item 5tati=tical CLa55L-5**Use Counts I i-.'E-- h --k n Q e of MAR Chanae 37 27.0% 2 E . 8 %, 71 31.0% 34.3% 7a 53.3% 124 -3.2% 10 33-0.0% 11 2944.9% 12q'5 2114 . 8% 1 PE, 7 6 -10.3% 467 17 . E.% 655 -16.2% 1 4jf �. 43 . I % lie 33.1% 18.2% 1 17 41.2% 23 4.3% 523 4 0 . 0 IX 7135 3.3% 31,0f3 4Q .4% 554 -17.5% 2 -100.0% 83 32.5% 75 46.7% 3 233.3% 22 -54.5% t -106.1.0% 2 -100.0% 16 3 7.5% 11 1jll;l.ql,1, e 100 .0% 12 -9.3% 21 -47.6% 264 44.7% 3E.-? 3.5% 703 8.5% 709 7.6% -16.0.0% 4 -100.0% 100a.vvv 2 0 .ON F'(TD Last F"VT D 4 Ch_,.nrie to -:'I HAF- to '! MAf-; 26101,Z112 21052 - 4 .. S, V. 353 4214 - 16. 7y. 759 545 3 77' :� 863 -:4.7% 114 al 40.7% IlEss 12E. 17 -7.4% 3816 4460D -14.4% .399 7E.2 31 I % 150,;45 15217 -0.3% 1 07, -03.3% 389 574 -:32.2% 173 162 6.871 5799 5508 5.3% 3107 3133 -0.3% 10 14 -23.6% 797 457 74.4% 14:48 159 -32.1% 1 2 -50.004 121 77 �5'7 . I i', ,19 3 5 3 3 .31% 252 179 401.0% 2 1 100.0% 2311 2441 -5.3% 5360 4945 814% 1 ft. _83.s% 11 1 57.1% 03 1995 l� ANF NUN -FICTION (ADULT) B BIOGRAPHY C AUDIO CASSETTES CAM CAMERAS CP FERIODICALS ROCS DOCUMENTS j EF EASY FICTION ENF EASY NON-FICTION EQ EQUIPMENT F FICTION (ADULT) FLM FILMS/FILMSTR:IPS (AL)ULT ILL INTERLIBRARY LOAN JC JUV. AUDIOCASSETTES JF JUV. FIC('ION JFLM JUV. FILMS/FILMSTRIP'S JNF JUV. NON-FICTION JP JUV. PHONODISCS JPPk JUVENILE PAPERBACK. 1;1T K.IT MAP MAPS MF MICROFILII/FICHE MISC PU«LES/GAMES MRDF MACHINE READABLE DATA F NFPBK: NON-FICTION PAPERBACK: P PHONODISCS PAM PAMPHLETS I{J FBK: PAPERBACKS VC VIDEO CASSETTES VF VERTICAL FILE I XXX DATA LOAD PROBLEMS MONTHLY MF MENT REPORT Monthiv Ma, ement Reoort BRANCH - - Kenai Communitv Library - 01 MAR -*Item Stati.=-tical Cla=-ses*New Add= 'Al MAF ! 1 FEN % Chancie 01 MAR: % Chanae 19y` 19=, 1994 14`+ 11.4% 131 26.7% 2 2 0.0% l:, -70i,i% 15 -84.2% E ? 68 1 .5% 4 1 E.25 .0 % 30 21 42.9% 1 2440.0% 14 .. 75.1i+% 2 blob .0y,, 167 tea 21 .E.% 84 27.4% --, 31 19.4 , 58 -36.2% 40, 8 404h .0% 1 66.7% 21 -52.4% 2 11 -100.43% 291 209 39.2% 265, 9.8% 9 -100.0% 7 -100.0% FYTD Last FY7D % Chanae - to 21 MAR - to 31 MAR: 1227 IIEB 5.1% 9 12 -- .3. 15 11 3E•.4% h' t.2 11 .3% 597 107 4`_.7.9% 199 120 55.5% 47 69 -31.y% 1 -1 f_1,%� 921 079 4.S,' C -1,%i.a . i i'4 83 1 -44 .7% 1 47 49 -4.1% 42 75 -44.0% 3 1 200,ox E4, 8 .2 % 2 1 1ov).0% 1768 1843 -4.1% 221 87 154.0% 2 2 0.0% 8 10 -20.0%. e i;13 NPR 13'a5 15-55 MONTHLY MANAGEMENT REFORT Monthly Management Reoort BRANCH Kenai Communitv Librar, - --Item Tvvea**Use Coui,t=- 1 HAI, l EL, . chanue a I IlAi, C11--4flue FYTL, l cEt F'Y]-L.i i �dj +0 "1 OAF- to : l 11A� a booK 4 1 27. 7651 56-ell- 1 c AUDIO CASSETTE Ili i's 3 5 . 2'1.' 21.4% ?ti4 732 :)o. CAM CAMERA 3 1 200.0-1 CP CURRENT PERIODICAL 124 51 . 2,. 1 i 2 7 -2 411, ,10 61111 - ;.1:4 DOCS ALASI-A DOCUMENTS 42 10 32,�1.0% It 281.3% 1 19 75 4 EQ EQUIPMENT 28 10 1 e0 . 0%, 20 4,h.40'/ 187 124 r40 . 2, FS FILM STRIPS I GAII GAMEE GEN GENEALOGY 11 31 % 11 1 .;I.i. . 145 - JKIT JUVENILE KIT 4 a 100.0% 11 _63.6% 52 64 _18.0% ip 31GSAW FUZZLES 22 16 37.5% 11 116 73 43 .7% K* I T KIT 4 1 ?00 . 'ov. 5. -2'?I.c-% 7­5 a]. -56 .31% MAP MAP I 1 2 7% mF MICROFILM/FICHE 1 100@. qo"" MP FILMS 2 E.t. . 7% MRDF MACHINE READABLE DATA F1 14 1 14 2 600.0% P FHON0015F. 11 12 -8.3% 24 _54.2% 271 I'_13 40.47. PAM PAMPHLET I 1 0.0% E. 1 F'SK PAPERBACK 543 415 30.8% 510 4.3% 3676 3515 4.6% PL PLAYERS REF REFERENCE 3 1 10 -40.0% 49 78 -37.2%. RTL RENTAL BOOKS 746 ­o 8.1% 777 -4.0% 5,?85 r__1079 -1.5% VC VIDEO CASSETTES 764 -106 8.2% 713 7.2% 5374 4954 8.5% VF VERTICAL FILE 4 1 o(e) . 07% 1 Q.@ Totals 9984 0 . 1';. 71.261" 72-4 -2. 4 X 8 i 6 BOOS. C AUDIO CASSETTE CAM CAMERA CP' CURRENT PERIODICAL DOCS ALASKA DOCUMENTS EO ` E12UIPMENT FS FILM STRIPS GAM GAMES GEN GENEALOGY JKIT JUVENILE KIT JP ' JIGSAW PUZZLES KIT KIT MAP MAP MF MICROFILM/FICHE MP FILMS ' i MRDF MACHINE READABLE DATA FI P PHONODISC PAM PAMPHLET PBK PAPERBACK: I PL PLAYERS 1, REF REFERENCE ' a RTL VC RENTAL BOOKS VIDEO CASSETTES VF VERTICAL FILE 1 . i t!>r Totals L ' MONTHL'r 11ANaGEMENT REPORT Monthly M: �ment Reoort BRANCH - - 1 Community Library - 01 MAR 1995 —Item 'ryoes**New Ada=_ jbl MAR Of FED % Chance :+1 MAR Chance FYTD Last FYTD % Ch-anae 19?4 - to 3I MAR - to 31 MAR 2L7 !(w? 1KpU.3% FF. 243/ 1159 104►_• 14a.37, 10 8 25.0% 12 -100.0% 23 21 y.5% e•3 51 23.5% 2 30150.0% 499 75 565.3% 6 6 1 -100.0% 4 1 _ - 1 �b0 .,_,% 1 4 130 .0% 11:0 -47 .4% 1 16 52 123 . 1 % 47 54 -13.0% 34 33.2% 424 294 47.#-.% 85 76 11.8% 63 25.0% 517 623 -17.0 8 -140.0% 3 -1010.fb% 204 69 195.7% 438 05 43.6% 21,1-4 114.7- 2975 2195 35 .`X 03 APR 1'495 1 � : _ ._ *' NINILCHII: A ADULT (19-64) AF ANCHOR POINT RESIDENT B BUSINESS C CLAM GULCH RESIDENT E CHILD (--TO 8) ' H HOMER RESIDENT ILL INTER -LIBRARY LOAN J JUVENILE (3-13) KENAI CITY RESIDENT K'A KASILOF RESIDENT N NIKISKI RESIDENT j NR TEMPORARY OR NON-RESIDENT' 0 OFF THE PENINSULA RESIDEN ORG ORGANIZATION S SOLDOTNA RE5I DE14T SR SENIOR CITI_-EN (r_.5 AND OV ST STERLING U KENAI COLLEGE STUDENT W WILDWOOD CORRECTIONAL CEN YA YOUNG ADULT (14-13) a M014THLY MANAGEMENT REPORT Monthlv Management Report BRANCH - - Kenai Communitv Library - 01 MAR 1'=,'+5 ••Patron Statistical Classes**Use Cuunts it hIAF 1 =ic_c' { Chancre al MAF (,Irange F'YTL, Last FYTI, to 31 NIAF= - to '_11 rl'iF. 3 % 246 2=.4 -3 72'i2 c•120 19.2% 712'? 1.7% 52564 ­456g .1% J 4 2 100.0% 5 -2k..0% 46 J2 1 r. 4 300 .0% 73 1 1 16 _ �3E. -E.S 7, 1131 10 34) .01% 1154 -2.,n% 7851 79,n5 , -0.7i; 58 -37.5% 1 400.0% 17 3 112.5% E•3 47 34.0% r.7 -_ .0% 452 4 0 -- 53 °;65 151 .0 % 1112 -23.3% 6490 E•2'_;,_r 3 S% 4911 4125 19.1i: 4948 -0.7% 36217 36301 -0.2% 331i 293 12.E.Y 483 -31.7% 3195 28':02 10.2': 2422 1034 -.,2.1% 2435 -0.5% 16750 16255 3.0% 32 32 0 , vN/, 16 10rp , ("I/ 483 1 14 -42.9% 2 .300.0% 241 24c -, 4 1^0 88.i% 14 142.9% 131 109 20.2% 1672 1�91 34.0% iSa 31 17.97. 10793 11384 22? E.E.I 35.0% 162 41.4% 1E.10 1345 19.7% 11? 94 26.6% 153 --22.2% 83u 1207 -3rn.r•% 11 1� 3 266.7% 20 17 17.6% 16 -18.8% 53 -75.5% 206 4'?5 C^v7 228 69 .7% '.07 2E• . 1 % 2210 i In 03"ti 1995 15:`3` i l MONTHLY MF 7MENT REPORT Monthly M: :ment Reoort bRANCH - - Ke,.ai Communitv Library - 01 MAR 1995 --Patron Statistical Classes --Mew Adds -01 MAR 01 FEE % Chanae 1 MAR % Chanoe FYTD La=_t FYTD C:hanas to 31 MAh - to 31 MA14 NK NINILCHIh: 4 1 3da ,n7: 10 µ A ADULT (15-64) 104 31 28.4% IE.0 -3`;.b% 343 I1SE. AP ANCHOR POINT RESIDENT 2 6 -66.7% E bUSINESS C CLAM GULCH RESIDENT I - Ivow.O% 6 14 -57.1% E CHILD (--TO 3) 15 16 -6.3% lb -6.3% 1OE. 129 -17.2% H HOMER RESIDENT 1 1 0.0% 1 0.0% 4 3 33.3% ILL INTER -LIBRARY LOAN 3 -100.0% 11 30 -63.3/. J JUVENILE (3-13) 23 155.6% 30 -23.3% 133 160 -16.9% 1*: KENAI CITY RESIDENT 70 53 20.7% 117 -40.2% 515 676 -23.8% KA F.-::ASILOF RESIDENT 7 2 250.0% 8 -12.5% 49 71 -31.0% N NIKISKI RESIDENT 23 16 43.8% 39 -41.0% 189 243 -22.2% NR TEMPORARY OR NON-RESIDENT 6 1 50(ii.0% 8 -25.0% 94 186 -49.5% 0 OFF THE PENINSULA RESIDEN 4 -100.0% 3 13 -76.9% ORG ORGANIZATION 4 4 0.0 S SOLDOTNA RESIDENT 4�J 31 38.7% 41 4.9% 260 322 -19.3% SR SENIOR CITIZEN (65 AND OV 1 3 -0:•5.7% 10 17 -41.2% ST STERLING 4 11 -63.6% 29 46 -37.0% U K:ENAI COLLEGE STUDENT 2 -10,1.0% w WILDWOOD CORRECTIONAL CEN YA YOUNG ADULT (14-18) 1 `--o E•6 .71/. 14 7 . 1 % 79 96 - 17 .7>; ,ILL INTERLIBRARY LOAN NR NUN -RESIDENT ORG ORGANIZATION R RESIDENT RR RESIDENT RENEWAL S STAFF v VOLUNTEER 11, 11.1 � -11- 1 I'l,l 4-6E. 1!; H i i ;. "' L--- -1 MorithL, rl.lriaaement beoort eRANCH - - �;.enai Community Llbi'Rl-, ol MAR —Patron -1voes-14e4.4 runs 01 MAR (hl FEB tl. Crianae % Lhanoe F I 'P h rvi tc. 7 M:,v 4 10 5 1 loo. 14 1 142 121 17.41/1 w, 5':, 3 2to- 166 1341 22.9% 251 3 3 .,:q, 1207 1712 -24 lily "Irt MONTHLY MANioEMENr REPORT Monthly Manaaement Reoort oiRANCH - - Kenai Community Library - 01 MAR 1: - 4?5 **F-twon T\,Pesoo(Jse Counts 0t]. MAR e t f Ch io I-IQLP 01 MAi- Chancie FY TD Last. F), f 1-1 ch--Aricip to 31 MAf, to 31 W4K ILL INTERLIBRARY LOAN 70 2 3 . 0 1% 1 1 94w 3 1 -1, NR NON-RESIDENT 35 42 -16.7% 1 r84 .2% 538 E-55 1 ORG ORGANIZATION 4' 19 t 10.5% 12 122 .2% 167 159 5.0% R RESIDENT 1246) u76 41.6% 1203 3.1% 24E.7 3971 -5 .6% RR. RESIDENT RENEWAL ^o6u4 70,07 23 .4% -0.2% 61441 6 17 29 S STAFF �4 % 5 -20 54�D 70 -22 .3!/. V VOLUNTEER 32 71 3.2% 11 3.21/ Do 1 543 -44. t-'/ti Totals 2 1141 72112 73704 -2.2*1. KENAI PARKS & RECREATION COMMISSIOil ***Minutes*** April 7, 1995 - 7:00 p.m. City Council Chambers Chairman Dale Sandahl 1. ROLL CALL Members Present: Dale Sandahl, Jack Castimore, Kelly Gifford, Steve Latz, Roger Seibert Members Absent: Amanda Baldwin, Richard Hultberg Also Present: Kayo McGillivray, Duane Bannock, Debby Fahnholz 2. APPROVAL OF AGENDA The agenda was approved as written. 3. APPROVAL OF MINUTES Jack Castimore MOVED to accept the minutes as written. Steve Latz SECONDED and the motion was approved. 4. PERSONS SCHEDULED TO BE HEARD None. 5. DIRECTOR'S REPORT Kayo McGillivray reported the following: a. Basketball wrap-up - Kayo stated that the Men's League Basketball season has finished. They started out the season with 11 teams and finished with the same, though they split them into two divisions and made it much more competitive. Parks & Rec Commission April 7, 1995 Page 1 b. Kayo stated that banners are back from the manufacturer for repair. The red on the banners has been replaced and looks much better. The Christmas decorations will be ordered, they will stick with the sillouhette design and clear bulbs. C. Kayo reported that the first budget session is scheduled for Wednesday night with Council. Parks did add a video camera to their budget request. d. Cunningham Park - Kayo reported that they still have not heard on the grant request for Cunningham Park. The last word he had was that they were quite a ways down the list and the prospects did not look real good. Kayo stated that there were a number of landowners at the last Council meeting that were opposed to the expansion plans for Cunningham Park. He stated that the stipulations in the gift of that property to the City were that if it were to cease to be a park, it would revert back to the property of the estate. If the grant is received, there would need to be public hearings before any further action can take place. If the grant does not go through, Council will probably appropriate funds for the new restroom at Cunninham Park though, with work projected to be done this summer. Dale Sandahl asked about the work session held on beach erosion problems. He stated that he felt he left the meeting with more questions than answers. 6. OLD BUSINESS a. Playground Equipment Bid - Kayo stated that there were three bids received. Low bid was received from Sitelines (Gametime). Their bid of $17,596 was received without the tax compliance certificate that was required in the bid specs. It was faxed later, but after the bids had been closed. Miracle put in a bid of $21,543 and Burke sent in a bid of $20,000. There were minor differences in the specs between Gametime and Burke (which was used to define the specifications). Some of the differences in spec include: Burke uses 1/2-inch with 13 gauge steel channel and angle supports on the deck, Gametime uses 3/4-inch with 9 gauge and flat bar supports (the difference between 3/4-inch and 1/2-inch spacing allows fingers to get caught); Burke has a hinged clamp that encompases 360 degrees of post, spreads the deck load, and has a lifetime warranty, and uses a bolt/hole system with a back-up bolt. Slide entrances had a few differences. Dale Sandahl suggested going with the manufacturer that followed the bid specs, even if it was the higher bid. Parks & Rec Commission April 7, 1995 Page 2 Roger Seibert MOVED to accept the second high bid from Burke, since the lowest bid didn't comply with the spec requirements. Kelly Gifford SECONDED the motion. Jack Castimore stated that even if it is the lowest bid, when it costs more to put it together, it ends up costing more in the long run. A verbal vote was taken and was unanimous. 7. NEW BUSINESS a. Year End Report - Jack Castimore asked about the new park for tent camping. Kayo responded that they would probably add 4-6 more sites, bringing the total up to 12. b. Summer Hire - Kayo stated that the City Manager has requested they get copies of the summer hire's driving records this year, since the city insurance will not cover them if they have had moving violations. They will have some new people in the summer rec program this year, since several will not be coming back. The summer hires will also have to have safety training to meet the OSHA requirements. C. Beach Work Session - Kayo stated that there were a lot of ideas kicked around. He felt a lot of the problems are going on all summer long and are not necessarily just during the dipnetting season. One of the current proposals is to allow 24-hour fishing along the beach. Kelly Gifford suggested contacting some of the communities in the Lower 48 that have had to deal with people and beach problems to get information on how they have handled their situations, instead of reinventing the wheel. Kayo stated the big problem is traffic, since everyone wants to get down to the beach. There is not enough parking available and it becomes so jammed up even emergency vehicles would be unable to get down there. Dale Sandahl stated he felt the beach should be closed until some concensus can be attained within the city, Borough, and state to work together. He felt that coming out of the meeting with a new restroom and additional dumpsters had nothing to do with the habitat of the river. Kayo stated that no one really has an answer, short of shutting it off. Maybe controlled parking would help the situation. Parks & Rec Commission April 7, 1995 Page 3 Kelly Gifford stated that other places have had parking available at the top and a bus or shuttle that moves the people down to the beach area. It would allow for a more controlled situation and still allow the people access. Possibly they could park by Kenai Electric or the Little League fields, even the Catholic church parking area. Steve Latz stated that he would like to see the mouth of the river stay open even if it means bussing people down there. If they shut down the beach area, the people will find another way to get down there as long as dipnetting is allowed. Duane Bannock stated that though the city has no control over the fishing rules, it does have the ability and obligation to control access when it has negative effects on the dunes. 8. CORRESPONDENCE None. 9. INFORMATION Kayo stated that there is a glimmer of hope of continuing the track program. He wrote a letter last week to Arco stating they would like to continue a program similar to the Jesse Owens games. There is a possibility they may be able to work something out, possibly after the Little League program is finished. 10. ADJOURNMENT Jack Castimore MOVED to adjourn. Steve Latz SECONDED. The meeting was adjourned at 8:00 p.m. Respectfully submitted by: Debby J. Fahnholz Parks & Rec Commission April 7, 1995 Page 4 D-� *PLEASE NOTE THE WORK SESSION WITH THE HISTORIC DISTRICT BOAF HAS BEEN POSTPONED UNTIL MAY. THERE IS NO WORK SESSION AT 6:00 Gilt' of Kenai, Alaska 210 Fidalgo, Suite 200 PLANNING AND ZONING COMMISSION **AGENDA** Council Chambers April 12, 1995 7:00 p.m. Chairman Kevin Walker 1. ROLL CALL 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES March 22, 1995 4. PERSONS PRESENT SCHEDULED TO BE HEARD 5. PUNNING -a. Resolution PZ 95-17: Sea Lair - Plat b. 'Resolution PZ 95-14: Richka Park Estates 6. PUBLIC HEARINGS Continuation* a_ Resolution PZ 95-13: Richka Creek - Rezone SE 1/4, Sec 31, T6N, R11W from Rural Residential (RR) to Suburban Residential (RS) Resolution PZ 95-15: CUP Bed & Breakfast - Childers Ic. Resolution PZ 95-16: Variance - Kluge Revocation of permit* d. Resolution PZ 91-21: CUP for Bed & Breakfast - Sue Wright 7. NEW :BUSINESS a. Comprehensive Plan Review Employment and Population Forecasts U Public Facilities and Services IVI 8. OLD BUSINESS 9. CODE ENFORCEMENT ITEMS 10. REPORTS a. City Council b. Borough Planning c. Administration 11. PERSONS PRESENT NOT SCHEDULED 12. INFORMATION ITEMS a. KRSMA Advisory Board Minutes b. Alaska Summit on Travel and Tourism c. Chugach National Forest Schedule of Proposed Actions for Environmental Analysis 13. COMMISSION COMMENTS & QUESTIONS 14. ADJOURNMENT Kenai Planning & Zoning Agenda April 12, 1995 Page 2 CITY OF KENAI Od 0,ap" 4 4&V= " 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ky**94 �rr.,orr„ April 13, 1995 Clint Hall P.O. Box 1077 Kenai, AK 99611 RE: Preliminary Plat - Richka Park Estates Rezone SE 1/4, NE 1/4, Sec. 31, T6N, R11 W, West of and including Richka Creek drainage At their meeting of April 12, 1995 the Planning and Zoning Commission denied the above referenced permit and preliminary plat. You may appeal the Commission's actions by contacting Carol Freas, City Clerk at 283-7539. Sincerely, 9Loretta *1' rey Administrative Assistant Planning Department cc: Integrity Surveys CITY OF KENO < -210 FIOLGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 =, TELEPHONE 907-283-7535 ` FAX 907-283-3014 hEAMPA CITY OF KENAI 1 I I I! 1"2 BACKGROUND AND PERSONAL DATA - CANDIDATES FOR APPOINTMENT TO COMMITTEES AND COMMISSIONS DATE: NAME: inJn Resident of the City of Kenai? �--L How long? Residence Address Hqq5qP r 1 Mailing Address Telephone No.'� Business Address �J Telephone No. EMPLOYER: �<M 1'n f� I '<1d/t t1 In i c+1rT Job Title NAME OF SP Current membership in organizations: ps. COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED: WHY DO YOU WANT TO BE INVOLVED WITH THIS COMMISSION OR COMMITTEE? Y �,W11 PAN KENAI BEAUTIFICATION COMMITTEE April 11, 1995 *** 5:30 p.m. Council Chambers Chairperson Susan Hett *Amended***AGEN DA*** 1. ROLL CALL 2. APPROVAL OF AGENDA *3. PERSONS SCHEDULED TO BE HEARD a. Tom Johns. Cooperative Extension b. Emily DeForest and Donna Osborne. Kenai Library c. Merle Dean Feldman 4. APPROVAL OF MINUTES February 7, 1995 5. OLD BUSINESS a. Volunteers 6. NEW BUSINESS a. Election of Vice -Chair b. Meeting on an 'as needed" basis c. Lean-to d. Bulbs, Bulbs, Bulbs 7. REPORTS a. Chairperson b. Parks & Rec 1. Donation from Lynden Transport c. Council 8. QUESTIONS AND COMMENTS 9. ADJOURNMENT IF YOU CANNOT ATTEND PLEASE CONTACT LORETTA AT 283-7933 SO WE CAN ESTABLISH A QUORUM. KENAI BEAUTIFICATION COMMITTEE April 11, 1995 *** 5:30 p.m. Council Chambers Chairperson Susan Hett "**MINUTES*** 1. ROLL CALL Members present: Loretta Breeden, Susan Hett, Barb Nord, Nina Selby Members absent: Sylvia Johnson Also present: Councilperson Linda Swarner; Bob Frates, Parks & Rec; Merle Dean Feldman; Tom Johns; Linda Overture; Donna Osborne; Emily DeForest; Loretta Harvey, Administrative Assistant 2. APPROVAL OF AGENDA Chairperson Hett asked that "Persons Scheduled to be Heard" be moved up to follow the approval of the agenda. Agenda approved as amended. 3. PERSONS SCHEDULED TO BE HEARD Cooperative Extension Garden Tom Johns with the Cooperative Extension Service, said requests for community garden plots have increased this year. Moose got into the perennial beds, and it can't be determined how much damage they did. Johns wanted to recommend that the perennial area be consolidated with the edible berry plants, etc., because more space will be needed due to the increased requests for plots. By organizing the garden it would allow better maintenance of the beds. Johns said he would need help from the Beautification committee for this project. There are presently 50 garden plots. Library Flower Beds Emily DeForest introduced Donna Osborne. Donna has developed and maintained the Library beds for the past several years. Some of the problems she has encountered was lack of good soil in some beds. Kenai Beautification Committee April 11, 1995 Page 1 Merle Dean Feldman said the committee will work at improving the soil and asked the commission to start collecting leaves for the beds to use as mulch. Feldman passed out pictures of ideas for the beds. There are a lot of shaded areas by the Library and she wanted to develop areas that would provide a natural, quiet setting, utilizing perennials such as, bleeding hearts and lilies of the valley. Councilperson Swarner noted that Lynden Transport had donated a shipment of bulbs to the city. Merle Dean Feldman said this will be a good year to expand the perennial beds with these bulbs. 4. APPROVAL OF MINUTES There were no changes to the minutes. Minutes of February 7, 1995, approved as presented. 5. OLD BUSINESS a. Volunteers Chairperson Hett said she is having difficulty contacting people on the volunteer list. She passed out a copy and asked the Committee to check the list for people who might have moved, etc. Once a good list is established, Hett would like to have a volunteer orientation. This would include information on what to do with garbage, where to put leaves, what different beds there are, and general information on the program. MOTION AND VOTE: Nina Selby MOVED to schedule a volunteer orientation. Barb Nord SECONDED. 3-yes, 1-no, passed by majority. A volunteer orientation meeting will be held May 1st, from 7:00-9:00 p.m. in the Council Chambers. Loretta Breeden suggested Hett get a copy of the Master Gardener list from Tom Johns. Johns said he would be happy to share lists with the committee. Merle Dean Feldman recommended that an article be published in the Clarion regarding this year's beautification efforts and seeking volunteers. Kenai Beautification Committee April 11, 1995 Page 2 6. NEW BUSINESS a. Election of Vice -Chair Barb Nord, nominated Nina Selby for Vice -Chair. Nina Selby elected as Vice -Chair by unanimous vote. b. Meeting on an "as needed" basis Chairperson Hett asked that this item be moved to the winter months, as planting season was coming up. This was the busiest time for the committee and meetings were needed. c. Lean-to MOTION AND VOTE: Barb Nord MOVED to recommend to Parks and Rec to build a lean-to to store plants for the city. Nina Selby SECONDED. PASSED UNANIMOUSLY. Chairperson Hett reported that Kayo McGillivray, Parks and Rec Director, has estimated approximately $9,000 for a greenhouse for the City. The proposal has not gone before Council. Loretta Breeden suggested Bob Frates meet with Tom Johns to review plans for a greenhouse or lean-to. Bob Frates felt that a lean-to structure should be constructed for this planting season. Frates said he has asked the Highschool shop class to build the lean-to, and they would be willing to do it. The materials would have to be provided pretty quickly for the school to complete the lean-to in time for the planting season. Merle Dean Feldman said the lean-to should be constructed tall enough to accommodate hanging baskets. There were a lot of begonias, etc. from the donated flowers which would be planted into baskets. d. Bulbs, Bulbs, Bulbs Chairperson Hett passed a thank -you card around to the committee to thank Lynden Transport for the generous donation of bulbs. Kenai Beautification Committee April 11, 1995 Page 3 7. REPORTS a. Chairperson Hett reported Mountain View Elementary got the Arbor Day Grant, and on May 15th they plan to have a planting at the Chamber. Hett would give more information as details are worked out. The Boys and Girls Club has volunteered to plant and maintain the Blue Star Memorial bed this summer. b. Parks & Rec Bob Frates noted the 1994 Parks and Rec Wrap-up report. The department has a lot of projects coming up this season. It looks like the restrooms will be replaced in several parks and there has been some new play equipment ordered. This will be a busy summer season. The Fire Department might split the cost of some Hostas for their flower beds, since Hostas are quite expensive. Frates also thought more marigolds would be needed for the airport sign planting. c. Council Councilperson Swarner invited the committee members and their families to the volunteer reception which will be held Monday, April 24, at the Visitor Center. On April 12th Council will begin budget work sessions for FY 95-96. 8. QUESTIONS AND COMMENTS Merle Dean Feldman felt the city would be amazingly beautiful this year, and the citizens would be delighted with the result of the gardening effort. Loretta Breeden thanked all the visitors for their participation in the meeting. 9. ADJOURNMENT There being no further business the meeting was adjourned at approximately 6:45 p.m. Respectfully submitted, Kenai Beautification Committee April 11, 1995 Page 4 A. B. C. AGENDA KENAI CITY COUNCIL - REGULAR MEETING APRIL 51 1995 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 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. SCHEDULED PUBLIC COMMENT (10 Minutes) 1. Ted Knight - Cunningham Park Proposed Expansion. 2. Henry Knackstedt - Proposed Camping Area South of Floatplane Basin. PUBLIC HEARINGS 1. Ordinance No. 1634-95 - Amending KMC 14.20.320(b)(42) Definitions (Kenai Zoning Code). 2. Ordinance No. 1635-95 - Amending the Kenai Municipal Code Land Use Table, Additional Requirements. 3. Ordinance No. 1636-95 - Amending the KMC 14.20.105(c)(4) Townsite Historic (TSH) Zoning District, Historic District Board Duties. 4. Ordinance No. 1637-95 - Amending KMC 14.20.105(m)(4) Townsite Historic (TSH) Zoning District, Definitions. 5. Ordinance No. 1638-95 - Increasing Estimated Revenues and Appropriations by $10,757.57 in the General Fund for a Survey of the Kenai Townsite Historic District. -1- 6. Ordinance No. 1639-95 - Increasing Estimated Revenues and Appropriations by $11,000 in a New Capital Project Fund Entitled "S.T.P. - Disinfection/Safety Program." 7. Resolution No. 95-14 - Awarding the Bid for Kenai Airport Terminal Floor Covering - 1995 to Decor Industries, Inc., for a Lump Sum Amount of $37,850.00. 8. 1995 Games of Chance and Contests of Skill Multi - Beneficiary Permit Application - Multiple Charities Association Co-op (Kenai Peninsula Fisherman's Association, Kenai Elks Lodge and Juneau Moose Lodge 700) . 9. *1995 Pull -Tab Distributor License Application - Frank B. Burr, III - d/b/a Tabs Unlimited of Alaska. 10. *1995 Pull -Tab Vendor Registration - Funny River Chamber of Commerce. D. COMMISSION/COMMITTEE 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. *Joint Work Session of March 13, 1995. 2. *Regular Meeting of March 15, 1995. F. CORRESPONDENCE 1. *3/23/95 Ed Rinner letter regarding KPB Overlay Ordinance. 2. *Greater Kenai Chamber of Commerce Resolution No. 95-03 - Opposing the Kenai Peninsula Borough Kenai River Overlay District (KRD). 3. *3/16/95 Vesta Leigh letter regarding protection of sand dunes, etc. 4. *3/31/95 Brian C. Boyd letter regarding the Kenai River Overlay District Ordinance for Wards Cove Packing Company. 5. *3/27/95 George C. Silides letter regarding his opposition to proposed addition to Woodland Subdivision. -2- G. OLD BUSINESS 1. Discussion/Approval - Ambulance Fee Schedule. H. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $2,500 3. *Ordinance No. 1640-95 - Increasing Estimated Revenues and Appropriations by $4,967 for the Airport Drainage and Safety Capital Project Fund. 4. *Ordinance No. 1641-95 - Increasing Estimated Revenues and Appropriations by $100,000 in a New Capital Project Fund for Public Restrooms. 5. *Ordinance No. 1642-95 - Increasing Estimated Revenues and Appropriations by $60,000 in the General Fund for Legal Expenses Related to Inlet Woods Special Assessments. 6. *Ordinance No. 1643-95 - Increasing Estimated Revenues and Appropriations by $3,200 in the General Fund for Library Books. 7. Approval - Assignment of Lease for Security Purposes - Lot 1, Block 2, General Aviation Apron and Lot 3, Block 1, General Aviation Apron/From Southcentral Air, Inc. to Vernon L. Loftstedt, Sr., Muriel Ruth Lofstedt, Vernon L. Lofstedt, Jr. and Diana K. Lofstedt. 8. Approval - Proposed Security Assignment of Lease - Lot 3, Block 4, General Aviation Apron No. 1/From James F. Adolf to Kerry and Beth Wright, Scott and Royce Piggott, Alvin K. Wright, Raymond K. Wright, and Madge E. Wright. 9. Approval - Lease Application - Differential Global Position Site (DGPS)/U.S. Coast Guard. 10. Approval - Insurance Broker Selection. 11. Discussion - Contract Time Extension - Site Assessment of Lots 13 and 14, CIIAP/Geo Engineers. 12. Discussion/Approval - Mission Street Improvements - Additional Work/Mike Tauriainen, P.E. EXECUTIVE SESSION - (If time and scheduling allows, the yearly evaluations of the City Manager, City Clerk and City Attorney may be held.) -3- 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 R. 1. Citizens (five minutes) 2. Council -4- RENAI CITY COUNCIL - REGULAR MEETING APRIL 51 1995 7:00 P.M. RENAI CITY COUNCIL CHAMBERS MAYOR JOHN J. WILLIAMS, PRESIDING ITEM A: CALL TO ORDER Mayor Williams called the meeting to order at approximately 7:03 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: Williams, Bookey, Swarner, Monfor, Measles, Bannock and Smalley. A-5. AGENDA APPROVAL Mayor Williams requested the following changes to the agenda: ADD TO: C-8, Multi -Beneficiary Gaming Permit - 3/31/95 Kenai Builders Association letter requesting denial of any permit from non -profits based outside the City of Kenai. ADD TO: D-71 Miscellaneous Committees - Application of Barb Nord for placement on the Beautifi- cation Committee. D-7, Miscellaneous Committees - Diane Rathman letter of resignation from Townsite Historic Board. ADD TO: H-10, Insurance Broker Selection - 4/3/95 Walters & Associates Insurance letter. H-10, Insurance Broker Selection - 4/3/95 Last Frontier Insurance Cache letter. H-10, Insurance Broker Selection - 4/5/95 Brown Agency letter. H-10, Insurance Broker Selection - 4/5/95 Last Frontier Insurance Cache (del. 4:30 p.m.) ADD TO: I-1, Mayors Report - 3/28/95 Governor Knowles letter regarding SB137 and HB270 (retirement incentive programs). KENAI CITY COUNCIL MEETING MINUTES APRIL 5, 1995 PAGE 2 I-1, Mayors Report - KPB Ordinance No. 94-52 (Substitute). MOTION: Councilman Smalley MOVED for approval of the amended agenda and requested UNANIMOUS CONSENT. Councilwoman Swarner SECONDED the motion. There were no objections. SO ORDERED. A-6. CONSENT AGENDA Mayor Williams reported there were no changes to the Consent Agenda. MOTION: Councilman Smalley MOVED for approval of the consent agenda as presented. Councilwoman Swarner SECONDED the motion. There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENT B-1. Ted Knight - Cunningham Park Proposed Expansion. Mr. Knight introduced himself and stated his residence as 1506 Rose Lane which is adjacent to the property which would be used for the proposed Cunningham Park expansion. Knight stated he objected to the expansion of the park. His neighbors object to the expansion as well. Knight added, if expanded as proposed, more people will be using the park and trespassing onto his property. As it is, he has hundreds of people who come on to his property to fish from the banks. Expanding the park will bring 1,000s of people. Knight stated he was troubled he had received no notice of the proposed expansion. He had just heard about it by chance. Because of the large amount of foot traffic, there is a lot of erosion along the property. He feels if the park is expanded, the value of the residential area that surrounds the park, will diminish substantially. If the park is expanded, Knight believed he should be compensated for the loss of his home along the river. KENAI CITY COUNCIL MEETING MINUTES APRIL 5, 1995 PAGE 3 Smalley referred to the memorandum included in the packet which stated his estimated loss of property at $200,000. Smalley asked what the $200,000 included. Knight answered, "everything he owns there." Williams asked what the Borough's appraised value of his property was. Knight answered he did not know. Williams asked Public Works Director Kornelis if there was any potential for the approval of the grant application. Kornelis reported the grant had been submitted in October, 1994. At this time, they have not heard if the grant has been approved. Bookey asked when the rating board was to meet. Kornelis answered he did not know. Manninen stated the board had met a few times. The Kenai representative was not present at any of the meetings. He has not heard anything more than that. It has been stated in the newspaper the Governor is to make an announcement soon. Williams stated he believes the grant application has a slim chance of approval. He suggested they wait and see if the grant is approved. If the money is awarded, there will have to be public hearings to take public input as to whether or not the park expansion should go forward. The City will not spend $500,000 of its money to expand the park. Smalley asked if the additional lots to be used for the expansion are still privately owned. Williams answered yes. Chris Garcia - P.O. Box 203, Kenai, AK. Garcia asked if the owner of the additional lots has been approached for the possible sale of the lots. Williams answered there have been discussions in the past and the owner stated he is willing to sell the lots. Garcia stated a few years ago there was a property owner in the vicinity who wanted to develop a RV park. The adjacent residents objected and it was not built. Garcia suggested a park be developed below the bridge and the present Cunningham Park be closed. He had tried to sell his property a few years ago and had two people interested. When they found out about the park, they were no longer interested in purchasing. Garcia added he believed it would be better that the park not be expanded. Williams asked Garcia his opinion of developing a park on the Chester Cone property. Garcia stated he thought that area would be better as there are no neighboring residential areas. KENAI CITY COUNCIL MEETING MINUTES APRIL 5, 1995 PAGE 4 Williams asked Garcia his opinion of Cunningham Park. Garcia answered the park needs policing; emptying of the restrooms more often; the garbage needs to be picked up more often, etc. Garcia stated he would prefer the park be closed. People throw their garbage over the fence and onto his property. Councilwoman Swarner reported the council has determined to build a new restroom at the park at an approximate cost of $40,000. Garcia also suggested a pay telephone be placed at the park, as well as larger signs saying, "don't drive in the river." Garcia added he appreciated what Council has done in regard to their position on the overlay district. Ernie Knackstedt - Stated he has lived on the river since before Beaver Loop Road was placed. The property for Cunningham Park was given for kids to have a playground. Suggested the park sign be larger and placed higher so it can be seen over the grass. Williams stated Council would investigate changing the signs. Larry Rosco - A neighbor of Ted Knight. Rosco added his objection to the expansion of the park. He said he believed the proposed design was not well -planned. He believed the park needs to be in a better public area instead of in a residential area. Rosco stated he was aware of several instances where offers were not made to purchase adjacent properties to the park because of the park. He personally believes the City has been very neglectful in not policing and controlling the park and protecting the residential area. Williams reported that if the park ceases to be a park, the property will then revert back to the heirs of the estate. This is something the Council will need to discuss in the future. It would be nice if the City could sell the park property and use the money to purchase property further down the river and develop it instead. Tom Moore - Lives across the road from the park. Moore read into the record a letter from Pat Doyle: April 5, 1995 City of Kenai 210 Fidalgo Kenai, Alaska 99611 KENAI CITY COUNCIL MEETING MINUTES APRIL 5, 1995 PAGE 5 Re: The Expansion of Cunningham Park Attention: City Council Members Two years ago I made a proposal to install a RV Park across from Cunningham Park. At that time, I was not aware of the problem the residents were having with the fishermen. The residents voiced their objections and I believe they were justified in doing so. That was the reason I dropped the idea of installing the RV Park. Sincerely, s/Patrick J. Doyle Patrick J. Doyle HCO1 Box 1225 Kenai, Alaska 99611 Moore informed Council he recently built a home across the road from the park and was aware the park was there. He has seen the proposed expansion plans. The park will be much larger. He did not build his home knowing the intention for the enlargement. Moore added he believed the placement of a telephone at the park would be a good idea. He has people knocking on his door at all hours of the day and night needing help to be pulled from the river, or their dead batteries jumped, etc. This is very inconvenient for him and his neighbors. Williams stated the Administration would contact the telephone company and request a telephone be placed at the park. B-2. Henry Knackstedt - Proposed Camping Area South of Floatplane Basin. Henry Knackstedt - 108 Deepwood Court. Knackstedt stated he was representing the Airport Commission and referred to the information included in the packet in regard to the proposed camping area at the south end of the floatplane basin. Knackstedt stated the Commission feels the placement of the camping area will increase the activity at the basin and will encourage people who use the camping spaces to come into the City of Kenai. KENAI CITY COUNCIL MEETING MINUTES APRIL 5, 1995 PAGE 6 The camping area is a good distance from Woodland Subdivision. This is a simple design. There is sufficient sand at the airport to use, however some gravel may need to be transported. The Parks & Recreation Department will place fire pits and picnic tables. Councilman Smalley asked if they foresaw any security problems. Airport Manager Ernst stated the only access to the camping areas would be by the floatplane basin users. Knackstedt added he believed it would be difficult for transients to get into that area. They will also want to place a hand -pump for water. A port-a-pottie would be placed there for summer use. Councilwoman Swarner asked why only floatplane basin users would be using the facility. There are people living in the woods around that area. People will try to get in. Ernst answered, because of the fence and gate accessibility, the area may be a policing problem. Smalley added, the requirement for someone using the area will be that they have to have a floatplane. Knackstedt suggested the sign state the camping area is for floatplane users only. Knackstedt added it will not cost a lot for installing the camping area. If security becomes a problem, the camping area could be obliterated. Williams stated he believed it was worth trying for the summer. Knackstedt referred to the topographical map included in the packet. At this time there are to be only four camping spots developed. However, there is room for additional spots to be developed in the future. The camping information will also be placed in airport information pamphlets. Williams noted there were no objections from Council to continue with the development of the plan and see how it works. ITEM C: PUBLIC HEARINGS C-1. Ordinance No. 1634-95 - Amending KMC 14.20.320(b)(42) Definitions (Kenai Zoning Code). MOTION: Councilman Smalley MOVED for adoption of Ordinance No. 1634-95 and Councilwoman Swarner SECONDED the motion. KENAI CITY COUNCIL MEETING MINUTES APRIL 5, 1995 PAGE 7 There were public comments. Councilman Smalley stated the ordinance would clear up some language in the Code. There were no other comments from Council. VOTE: Williams: Yes Bookey: Yes Swarner: Yes Monfor: Yes Measles: Yes Bannock: Yes Smalley: Yes MOTION PASSED UNANIMOUSLY. C-2. Ordinance No. 1635-95 - Amending the Kenai Municipal Code Land Use Table, Additional Requirements. MOTION: Councilman Smalley MOVED for adoption of Ordinance No. 1635-95 and Councilman Measles SECONDED the motion. There were no public or council comments. VOTE: Williams: Yes Bookey: Yes Swarner: Yes Monfor: Yes Measles: Yes Bannock: Yes Smalley: Yes MOTION PASSED UNANIMOUSLY. C-3. Ordinance No. 1636-95 - Amending the KMC 14.20.105(c)(4) Townsite Historic (TSH) Zoning District, Historic District Board Duties. MOTION: Councilwoman Monfor MOVED for adoption of Ordinance No. 1636-95 and Councilman Smalley SECONDED the motion. There were no public comments. Williams noted it is being requested to have an annual survey instead of every ten years. Is there a cost to it? Councilwoman Monfor stated she did not know the answer to that, however, the Code could be amended later. The survey could be just paperwork and not in depth. KENAI CITY COUNCIL MEETING MINUTES APRIL 5, 1995 PAGE 8 Manninen stated he thought this should be clarified. Is the council willing to have a survey done every year if the intent is the cost would be $10,000. Williams noted 3/5 of the survey is to be paid with grant funds. VOTE: Williams: Yes Bookey: Yes Swarner: Yes Monfor: Yes Measles: Yes Bannock: No Smalley: Yes MOTION PASSED UNANIMOUSLY. C-4. Ordinance No. 1637-95 - Amending KMC 14.20.105(m)(4) Townsite Historic (TSH) Zoning District, Definitions. MOTION: Councilman Bookey MOVED for adoption of Ordinance No. 1637-95 and Councilwoman Monfor SECONDED the motion. There were no public or council comments. VOTE: Williams: Yes Bookey: Yes Swarner: Yes Monfor: Yes Measles: Yes Bannock: Yes Smalley: Yes MOTION PASSED UNANIMOUSLY. C-5. Ordinance No. 1638-95 - Increasing Estimated Revenues and Appropriations by $10,757.57 in the General Fund for a Survey of the Kenai Townsite Historic District. MOTION: Councilwoman Monfor MOVED for adoption of Ordinance No. 1638-95 and Councilman Measles SECONDED the motion. There were no public comments. Councilwoman Monfor noted in reference to Ordinance No. 1636-95, "the survey shall be updated annually." "Updated" does not necessarily mean additional costs. KENAI CITY COUNCIL MEETING MINUTES APRIL 5, 1995 PAGE 9 VOTE: Williams: Yes Bookey: Yes Monfor: Yes Measles: Yes Smalley: Yes MOTION PASSED UNANIMOUSLY. Swarner: Yes Bannock: Yes C-6. Ordinance No. 1639-95 - Increasing Estimated Revenues and Appropriations by $11,000 in a New Capital Project Fund Entitled "S.T.P. - Disinfection/Safety Program." Mayor Williams noted the request from Public Works to table the ordinance. MOTION: Councilwoman Monfor MOVED to table Ordinance No. 1639-95 and Councilwoman Swarner SECONDED the motion. There were no objections. 80 ORDERED. C-7. Resolution No. 95-14 - Awarding the Bid for Kenai Airport Terminal Floor Covering - 1995 to Decor Industries, Inc., for a Lump Sum Amount of $37,850.00. MOTION: Councilwoman Monfor MOVED for approval of Resolution No. 95-14 and requested UNANIMOUS CONSENT. Councilwoman Swarner SECONDED the motion. There were no public or Council comments. VOTE: There were no objections. SO ORDERED. Airport Manager Ernst reported there was an additional cost of $350 for the skirting on the staircase which he had not added in. This was an addendum item which was distributed two days prior to the opening. The total bid for Decor Industries, Inc. would then be $38,200. Mayor Williams noted that total would still be below the other bids received. A short break was taken to review the carpet samples and determine the color of carpet to have placed. KENAI CITY COUNCIL MEETING MINUTES APRIL 5, 1995 PAGE 10 BREAK: 7:45 P.M. BACK TO ORDER: 7:50 P.M. MOTION: Councilman Smalley MOVED to choose Carpet Sample #2 (grayish color) for placement at the Kenai Municipal Airport. Councilman Measles SECONDED the motion. Councilwoman Swarner objected. MOTION PASSED. C-8. 1995 Games of Chance and Contests of Skill Multi - Beneficiary Permit Application - Multiple Charities Association Co-op (Kenai Peninsula Fisherman's Association, Kenai Elks Lodge and Juneau Moose Lodge 700) . Williams referred to the letter received from the builders association. It was also noted the application for the multiple beneficiaries permit has all the information required and requested from Council. MOTION: Councilman Smalley MOVED for approval of the Games of Chance and Contests of Skill Multi -Beneficiary Permit Application as submitted. Councilwoman Monfor SECONDED the motion. Jack Heatherton - Representing the VFW 10046 in Soldotna. Heatherton spoke in opposition to the application stating his organization believed the inclusion of the Juneau Moose Lodge would take monies away from this area. Heatherton also questioned the amount of money to be paid to the members in charge. Heatherton informed Council that Representative Navarre has introduced HB 271 which is to give the municipalities an opportunity to have a ordinance passed to disallow gaming in their community being conducted by an operator, vendor, or multiple beneficiary permit. Heatherton added after review of the application, he believes it will be determined this particular operation is skirting the operators regulations. Monfor, referring to HB 271, asked Graves if Council's actions would be basically moot. Graves stated that was his KENAI CITY COUNCIL MEETING MINUTES APRIL 5, 1995 PAGE 10 BREAK: 7:45 P.M. BACK TO ORDER: 7:50 P.M. MOTION: Councilman Smalley MOVED to choose Carpet Sample #2 (grayish color) for placement at the Kenai Municipal Airport. Councilman Measles SECONDED the motion. Councilwoman Swarner objected. MOTION PASSED. C-8. 1995 Games of Chance and Contests of Skill Multi - Beneficiary Permit Application - Multiple Charities Association Co-op (Kenai Peninsula Fisherman's Association, Kenai Elks Lodge and Juneau Moose Lodge 700) . Williams referred to the letter received from the builders association. It was also noted the application for the multiple beneficiaries permit has all the information required and requested from Council. MOTION: Councilman Smalley MOVED for approval of the Games of Chance and Contests of Skill Multi -Beneficiary Permit Application as submitted. Councilwoman Monfor SECONDED the motion. Jack Heatherton - Representing the VFW 10046 in Soldotna. Heatherton spoke in opposition to the application stating his organization believed the inclusion of the Juneau Moose Lodge would take monies away from this area. Heatherton also questioned the amount of money to be paid to the members in charge. Heatherton informed Council that Representative Navarre has introduced HB 271 which is to give the municipalities an opportunity to have a ordinance passed to disallow gaming in their community being conducted by an operator, vendor, or multiple beneficiary permit. Heatherton added after review of the application, he believes it will be determined this particular operation is skirting the operators regulations. Monfor, referring to HB 271, asked Graves if Council's actions would be basically moot. Graves stated that was his KENAI CITY COUNCIL MEETING MINUTES APRIL 5, 1995 PAGE 11 understanding. The State will still issue the permit, however he is not indicating he agrees with the policy. Monfor asked if the applicants were already in business. Graves answered he has seen the sign up. Monfor added she did not know why the council was dealing with it. Discussion followed in regard to the State's issuance of permits. Williams stated the City has no authority in the issuance of the permits. Clerk Freas reported her discussions with gaming officials in Anchorage in which she was told they have never denied any permits that have been objected to, unless there is an ordinance in the community stating they are not allowed, etc. Williams asked how the permit could be operating if it had not been acted on by Council. Carl Curshaw - President, Kenai Fishermens' Association. Requested approval of the multiple -beneficiary permit. Curshaw stated all the necessary information has been submitted. He thanked Councilman Bannock and Mayor Williams for coming to their meeting and listened to their explanation of how the monies raised with this permit will stay in the area. Curshaw stated there are three businesses in Juneau who will be using the permit. Monies raised by them will be distributed equally. People's fears are unfounded. They believe their activities will bring more players into the area and benefit everyone. The gaming now going on at the bowling alley is under the Fishermens Association permit. They will be involving the Kenai Elks Club and Tanaina Corporation. The persons receiving salaries will be handling the operations for six groups. There is complicated paperwork entailed. They believe paying these people will make the process work better. Curshaw reported his discussions with Representative Navarre in regard to HB 271. Curshaw stated after speaking with Navarre, Navarre stated he would consider making some changes to the bill. Discussion followed. Williams discussed the bill. Measles asked if the bill passes as it now reads, could it be grandfathered with any ordinance the council may pass in regard to gaming, in the future. Graves stated he believed so, but would need to review it further. Measles suggested the City may decide to prohibit gaming in the community and asked whether taking no action or disapproval of KENAI CITY COUNCIL MEETING MINUTES APRIL 5, 1995 PAGE 12 the permit would be appropriate and let the State do what it wants. Graves stated yes, if the bill passes. Williams suggested the Clerk write "no comment" on the permit and send it in. Graves suggested no signature as any signature on it may be seen as an approval. Graves suggested the Clerk send a letter with the permit and state Council took no action. Monfor reminded Council at the last meeting, she would have voted to approve the permit because there have been no objections to other permits in the past. Monfor stated she felt now the Council would need to set a policy regarding the permits with the passage of the bill. Council needs to consider equity. They could be opening themselves for a complaint of discrimination. Monfor added she believed she may have a conflict in regard to bingo as the KBVCC has a permit and bingo is one of their big money makers. Williams stated he did not think she had a conflict. Williams added there is a question of liability in acting in an official manner, however they have not appointed themselves to act in an official manner. Curshaw stated he believed no action now would be like a disapproval. If Council takes no action, he requested a statement saying the City chooses not to be involved. Councilman Smalley stated he felt the same as Monfor at the last meeting in regard to past practices of the council. However, there were three times the City objected to permit applications. All were from groups out of the area. One was because the entity didn't have a good working relationship with the City; one because no one in the group was from the area; and one because the entity had some charges filed against it. There is a precedent set for objecting to applications. Curshaw mentioned the Clerk had some stringent rules for getting the application to her and so the Tanaina Corporation permit application was not turned in on time. Smalley added he believed he may have a conflict as he is a member of the Elks Club. Williams ruled it was not a conflict issue due to the community interest involved. Smalley stated he made the motion and there was second. There has been discussion in regard to taking no action. Smalley asked KENAI CITY COUNCIL MEETING MINUTES APRIL 5, 1995 PAGE 13 if the council voted the motion down, would that be the same as taking no action. Graves stated he could remove the motion with the approval of the second. Discussion continued. Freas reviewed information she received from gaming officials. Freas also added she had conversations with the representative from the Tanaina Corporation and told her when the deadline was for receiving information for the packet and in order for the item to be placed on the agenda. Freas added the information was received from Tanaina Corporation around 3:00 p.m. on Friday afternoon. Much too late to be included on the agenda. Williams reviewed the gaming statutes. WITHDRAWAL OF MOTION: Councilman Smalley stated he would withdraw his motion with permission of the second. Councilwoman Monfor (second) did not object. Mayor Williams accepted the withdrawal of the motion. NOTICE OF RECONSIDERATION: Councilman Measles requested reconsideration of Item C-9 (from the consent agenda). Graves advised Council could officially take no action or not do anything and the Clerk can send a letter to the Commissioner. Monfor asked why the application requests signature/approval from the local government? Graves stated as he recollected Title 5, the regulations require applicants to show the application to the local government for approval, etc. The regulations do not require the State to listen to the actions taken by the local government. Mike Baxter - Baxter stated it has been explained to him the approval for the local government is only on the application in case there is local sales tax. Paul Lunn - American Legion and Sons of American Legion 40/8. Lunn noted the multiple -beneficiary application does not ask where the funds will be distributed and the individual permit applications do. It is not known if the funds raised with the MBP will be used for lobbying or something else. Lunn also stated his concerns of the compensation to be paid to the KENAI CITY COUNCIL MEETING MINUTES APRIL 5, 1995 PAGE 14 primaries on the MBP. Williams stated he understood his concerns, however, that is not something the Council can address. Lunn added their concerns the MBP will take monies from this area out of the area. Swarner asked if this MBP had been sent to the Borough. Answer was not known. Freas added the Borough Clerk signs them without the Assembly's review. She has been told most local governments do not review them. The Clerk just signs them with council review. Jack Heatherton - Informed Council he received his application with a cover letter that noted they enclosed "unofficial regulations." Heatherton added he understands the City's predicament and agreed Council should take no action. Heatherton also stated he felt George Wright had a conflict with being an operator and being on the Governor's Gaming Task Force. Councilman Bannock stated he had planned on voting yes on the approval of the permit. However, if Council wished to take no action, he would support that. NO ACTION TAKEN. C-9. 1995 Pull -Tab Distributor License Application - Frank B. Burr, III - d/b/a Tabs Unlimited of Alaska. Councilman Measles requested Item C-9 be placed on the regular agenda. MOTION: Councilman Measles MOVED to take no action on Item C-9. Councilman Bookey SECONDED the motion. There were no objections. SO ORDERED. C-10. 1995 Pull -Tab Vendor Registration - Funny River Chamber of Commerce. Approved by consent agenda. BREAK: 8:45 P.M. BACK TO ORDER: 9:00 P.M. KENAI CITY COUNCIL MEETING MINUTES APRIL 5, 1995 PAGE 15 ITEM D: COMMISSION/COMMITTEE REPORTS D-1. Council on Aging Councilwoman Swarner reported the minutes of the last meeting were included in the packet. At that meeting, an election was held. The new chairperson is Sam Huddleston. A volunteer dinner has been scheduled for the end of the month. D-2. Airport Commission Councilman Measles reported the April meeting will be held the 13th. D-3. Harbor Commission Councilman Bookey reported the next meeting will be held on April 11, 1995. D-4. Library Commission Councilwoman Monfor reported the April calendar was included in the packet. Monfor also reported the Commission met on April 4 at which time they had a very productive meeting. The Friends of the Library purchased $7,400 in books and videos during 1993-94. The library now has 12,325 registered borrowers including 6,163 Kenai city residents; 2,537 Soldotna residents; and 2,331 Nikiski residents. The remainder of the borrowers are from other areas of the Peninsula. There were 79 patrons at the Library on Sunday, April 2, 1995 and 122 checkouts. Most of those persons using the Library on Sunday were doing reference work for college and term papers. The volunteers who worked on Sunday were members of Friends of the Library and the Library Commission. There will be no Sunday opening on Easter Sunday (April 16). D-5. Parks & Recreation Commission Councilman Bannock reported the next scheduled meeting will be held on April 6, 1995. D-6. Planning & Zoning Commission Councilman Smalley reported he was unable to attend the last meeting. However, Councilman Bannock did attend for him. KENAI CITY COUNCIL MEETING MINUTES APRIL 5, 1995 PAGE 16 Smalley stated it was a very good meeting, however two of the items could not be voted on due to abstention of one of the commissioners, leaving no quorum for those items. Those two major issues were about a plat approval and rezoning of Richka Creek Estates. There were a lot of people who turned out to give testimony in regard to these items. Further testimony will be taken at the April 12, 1995 Commission meeting. Smalley added the Commission is taking the necessary steps to repeal the conditional use permit for Coyle's Landing Bed & Breakfast. D-7. Miscellaneous Commissions and Committees Beautification Committee - Councilwoman Swarner reported the Committee will meet again on Tuesday, April 11 at their new meeting time, 5:30 p.m. Swarner noted the application received from Barb Nord for placement on the Committee. Swarner added another application should be forthcoming. Swarner reported the Committee is actively looking for weeding/ watering/planting volunteers for the summer. Swarner asked Council if they had any ideas for acquiring volunteers. Clerk Freas noted she was asked by the Committee Chair if it was appropriate for the need for volunteers to be advertised with the cable company on their community information listing. Freas stated she advised her that it would be appropriate for the Committee to request such an advertisement be placed through the support secretary in City Hall. Swarner referred to the thank -you letter included in the packet from the Parks & Recreation Director to Lynden Transport. Lynden Transport donated bulbs to be planted throughout the City. Swarner stated the donation of the bulbs will be more costly for the City as they will require additional care. Many of the bulbs are perennial. Volunteers are taking care of the bulbs at this time. Bicentennial Visitors & Cultural Center - Councilwoman Monfor reported the Board had a meeting two weeks ago. The Center is moving forward and will have many programs scheduled for the summer, i.e. The Ballad of Kenai will be performed and other events are planned for the summer weekends. The events will be family oriented, as well as featuring the area history, etc. KENAI CITY COUNCIL MEETING MINUTES APRIL 5, 1995 PAGE 17 Williams reminded Council the Kenai Performers have been looking some place to perform. Williams suggested at some time in the future the building could be extended in order to build a stage. Monfor also reported the Center received a grant of $1,900 for a curator who will begin the work in November. Swarner referred to the application of Barb Nord, for placement on the Beautification Committee, which was included in the packet. Williams noted there were no objections to the appointment of Ms. Nord to the Beautification Committee. Clerk Freas will send the necessary information and confirmation letter to Ms. Nord. Historic District Board - Councilman Bookey reported he did not attend the last meeting as he was in Juneau for AML meetings. The letter of resignation of Diane Rathman was noted and accepted. Council reviewed other applications on file and requested an advertisement be placed urging participation on the Board. Clerk Freas was asked to check on the cost for placing advertisements on Prime Cable's community news, etc. ITEM E: MINUTES E-1. Joint Work Session of March 13, 1995. Approved by consent agenda. E-2. Regular Meeting of March 15, 1995. Approved by consent agenda. ITEM F: CORRESPONDENCE F-1. *3/23/95 Ed Rinner letter regarding KPB Overlay Ordinance. F-2. *Greater Kenai Chamber of Commerce Resolution No. 95-03 - Opposing the Kenai Peninsula Borough Kenai River Overlay District (KRD). F-3. *3/16/95 Vesta Leigh letter regarding protection of sand dunes, etc. F-4. *3/31/95 Brian C. Boyd letter regarding the Kenai River Overlay District Ordinance for Wards Cove Packing Company. KENAI CITY COUNCIL MEETING MINUTES APRIL 5, 1995 PAGE 18 F-5. *3/27/95 George C. Silides letter regarding his opposition to proposed addition to Woodland Subdivision. ITEM G: OLD BUSINESS G-1. Discussion/Approval - Ambulance Fee Schedule. MOTION: Councilman Smalley MOVED for the City of Kenai to adopt Option IV as the ambulance fee schedule indicated on Page 2 of the 2/22/95 memorandum. Councilman Bookey SECONDED the motion. Smalley stated he recommended this option as it spoke to the public testimony given and reflects a true reimbursement for services given. Councilman Bookey agreed, adding he fully believed this option will give a cash flow for running the ambulance and reflects what was stated in the public hearing. He did not think additional funds need to be taken on to buy other equipment, etc. The fee is not needed to generate a cash surplus. The $124,000 will do that. MOTION TO AMEND: Councilman Measles MOVED to amend the motion and insert Option III. Councilwoman Monfor SECONDED the motion. Councilman Smalley stated the amendment was out of order. This is a completely different motion. City Attorney Graves asked if the motion was to amend the proposal to incorporate Option III. Williams answered yes. Graves stated as the original motion was worded, he believed the motion could be amended on the floor. If Council does not want to substitute with Option III, the amendment should be voted down. Graves stated it was an appropriate motion. Councilman Measles pointed out there was a discrepancy from what is indicated in the memorandum for Option III and Level IV. The correction was noted (the proposed fee at Level IV should be $1,000, not $750). Councilman Bannock stated he liked Option III because he prefers the $325 proposed fee for Level I. He did not see a major KENAI CITY COUNCIL MEETING MINUTES APRIL 5, 1995 PAGE 19 difference in billing. It should be simple and effective. Bannock added he would support that plan. Councilman Smalley stated he would vote against the amendments because he did not think funds needed to be generated. If that is needed, they should readvertise to alert the public of what they want to do with the funds. Councilman Measles stated about one-half of the possible revenues would not be received. Councilwoman Monfor stated she would support Option III. Monfor reminded Council that Mayor Williams sent out letters to a number of Kenai residents inviting them to attend the public hearing and give testimony. Of approximately 7,000 residents, only about 12 people attended the public hearing. Monfor added she had very few telephone calls the first time the ambulance fee was discussed. The last time, she received no telephone calls about it. Monfor stated there is nothing that says they have to stay with Option III. The service will no longer be a free ride. Bookey stated he disagreed. The ambulance service has been provided through the General Fund. It has not been a free ride. During discussions, it was said they would need to generate one- half a mill in five years. Any amount in excess of that is not acceptable. Is the City prepared to reimburse constituents for property taxes, etc.? Williams noted the new budget will be based on the assumption of loss of revenue, i.e. municipal assistance and revenue sharing. It is estimated that approximately $80,000 will be cut this year and in the following four years another ten percent each year. Enstar has discovered they don't have to pay the City a franchise fee anymore and that is a loss of $50,000. Also, there has been a drop in sales tax. The City will lose more revenue with these items than what will be gained by the ambulance fee. Council is aware they did not intend for the fee to replace other revenue, but to the General Fund, revenue is revenue. Williams added he agrees with Councilman Measles. Once the fee is instituted, he doubts there will be as many calls for service as there have been in the past. There will be an amount which will be written off as well. He will support Option III. KENAI CITY COUNCIL MEETING MINUTES APRIL 5, 1995 PAGE 20 Williams added there will be no fee for calls if it is determined no transport is necessary. There will be no fee for standby at KCHS (football games, etc.). Walk-ins who may require treatment, but do not need transport, will not be charged an ambulance fee. VOTE ON AMENDMENT: Williams: Yes Bookey: No Swarner: Yes Monfor: Yes Measles: Yes Bannock: Yes Smalley: No MOTION PASSED. VOTE ON AMENDED MOTION: Williams: Yes Bookey: No Swarner: Yes Monfor: Yes Measles: Yes Bannock: Yes Smalley: No MOTION PASSED. Ambulance Fee Option III was approved. Williams asked when the effective date would be. Attorney Graves stated the Code allows the city manager to set the effective date and bring back to Council at the next meeting for final approval. Williams stated if Council, at that time, chooses to amend the fee, Administration would go from there. Manninen noted in his 3/1/95 memorandum he stated the effective date could be May 1, but it would probably be better to make it June 1. ITEM H: NEW BUSINESS H-1. Bills to be Paid, Bills to be Ratified MOTION: Councilman Smalley MOVED to pay the bills and Councilman Measles SECONDED the motion. There were no objections. SO ORDERED. H-2. Purchase Orders Exceeding $2,500 KENAI CITY COUNCIL APRIL 5, 1995 PAGE 21 MOTION: MEETING MINUTES Councilwoman Monfor MOVED to pay the purchase orders exceeding $2,500 and Councilman Smalley SECONDED the motion. There were no objections. SO ORDERED. H-3. Ordinance No. 1640-95 - Increasing Estimated Revenues and Appropriations by $4,967 for the Airport Drainage and Safety Capital Project Fund. Approved by consent agenda. H-4. Ordinance No. 1641-95 - Increasing Estimated Revenues and Appropriations by $100,000 in a New Capital Project Fund for Public Restrooms. Approved by consent agenda. H-5. Ordinance No. 1642-95 - Increasing Estimated Revenues and Appropriations by $60,000 in the General Fund for Legal Expenses Related to Inlet Woods Special Assessments. Approved by consent agenda. H-6. Ordinance No. 1643-95 - Increasing Estimated Revenues and Appropriations by $3,200 in the General Fund for Library Books. Approved by consent agenda. H-7. Approval - Assignment of Lease for Security Purposes - Lot 1, Block 2, General Aviation Apron and Lot 3, Block 1, General Aviation Apron/From Southcentral Air, Inc. to Vernon L. Loftstedt, Sr., Muriel Ruth Lofstedt, Vernon L. Lofstedt, Jr. and Diana K. Lofstedt. Administrative Assistant Kim Howard informed Council the lessees were current in lease payments, property and sales taxes. MOTION: Councilman Smalley MOVED for approval of the Assignment of Lease for Security Purposes - Lot 1, Block 2, General Aviation Apron and Lot 3, Block 1, General Aviation Apron/From Southcentral Air, KENAI CITY COUNCIL MEETING MINUTES APRIL 5, 1995 PAGE 22 Inc. to Vernon L. Loftstedt, Sr., Muriel Ruth Lofstedt, Vernon L. Lofstedt, Jr. and Diana K. Lofstedt. Councilwoman Swarner SECONDED the motion. There were no Council comments. VOTE: Mayor Williams asked if there were objections to UNANIMOUS CONSENT. There were no objections. SO ORDERED. H-8. Approval - Proposed Security Assignment of Lease - Lot 3, Block 4, General Aviation Apron No. 1/From James F. Adolf to Kerry and Beth Wright, Scott and Royce Piggott, Alvin K. Wright, Raymond K. Wright, and Madge E. Wright. MOTION: Councilwoman Swarner MOVED for approval of the proposed assignment of lease and Councilwoman Monfor SECONDED the motion. Swarner asked Attorney Graves if there were any problems with this request. Graves stated no. Swarner asked if the lessee was current with lease payments. Howard stated they were current. VOTE: There were no objections to the motion. SO ORDERED. H-9. Approval - Lease Application - Differential Global Position Site (DGPS)/U.S. Coast Guard. MOTION: Councilwoman Monfor MOVED for approval of the lease application with the U.S. Coast Guard for the Differential Global Position Site (DGPS) to be situated off of Willow and Marathon Road. Councilwoman Swarner SECONDED the motion and requested UNANIMOUS CONSENT. Williams noted this lease would tie up a 23 acre site at no lease price. Bannock stated the return would be when someone is lost in the Inlet. Williams will be glad the DGPS is there. KENAI CITY COUNCIL APRIL 5, 1995 PAGE 23 VOTE: MEETING MINUTES There were no objections to the motion. SO ORDERED. H-10. Approval - Insurance Broker Selection. Williams noted there had been a lot of material forwarded to Council, plus that which was added to the agenda at the beginning of the meeting. Williams also noted representatives of different insurance companies were in attendance. Williams requested Administration make their presentation of how the brokers were selected and then Council would discuss the matter. Manninen stated the insurance bidding in the past had been a heated issue. It was decided to request a brokerage bid instead of having bid packages. The bid specifications were approved by council and then staff reviewed the proposals and their recommendation was included in the council packet. Manninen added he called references of the companies selected. They were all positive. The staff's recommendation is to award the property insurance to the Brown Agency and the employee benefits to Last Frontier. Manninen went on to say he felt the recommendations are qualified but the choice is up to council. Several letters which were forwarded to City Hall were not answered by Administration. They held no further meetings as they did not want to compromise the recommendation they had already made. Williams chided the insurance companies for the lobbying, etc. which usurped the process without benefit of the council. Council would briefly discuss the matter and then decide whether to approve the recommendation or remand the matter back to Administration for further review. Williams added council had determined in the past to deal with local companies. However, they have discussed going into the JIA insurance pool or go to Cigna directly. Williams asked Council what action they wanted to take. Bannock asked if Administration wanted to respond to the letters received. Manninen answered they would respond to specific questions if they are pertinent or anything Council wants. Monfor stated she did not want to listen to the individual companies' response to the recommendation, etc. She was not KENAI CITY COUNCIL MEETING MINUTES APRIL 5, 1995 PAGE 24 comfortable with the letters sent. Monfor added she is not an insurance expert and that is why the Council pays the Finance Director, City Attorney and City Manager to make such determinations. What needs to be decided is what is best for the City in savings and benefits. Last year Finance Director Brown took a lot of time to review the proposals and make a recommendation and took a lot of heat. He shouldn't have had to do that. The Council hired the City Manager and City Attorney directly and if they make a recommendation, that's what Council should support. They have the knowledge and the expertise. Swarner stated she agreed with Monfor about Administration and the proposals. Swarner added she was not willing to listen to the individual companies either. Bookey agreed and stated he had some specific questions, but would hold them at this time. Councilman Smalley stated he wholeheartedly agreed with Monfor, Swarner and Bookey. Smalley asked if all the information requested was included in all the proposals. Graves answered the main issue questioned by some was whether two of the firms submitted financial statements as requested. Two of the firms submitted their financial statements in separate envelopes. He did not think a court would throw out the process because of that. Some of the firms requested to keep their financial statements confidential. Administration told them they could request the confidentiality, however they wouldn't be confidential. If someone asked for the statement, it would be given out. The two firms who did not submit financial statements were not close in the running. Councilman Bannock stated he was not comfortable with the recommendation and could not support it without better understanding or without answers to the questions asked by the firms in their letters. Bannock suggested Administration invite the firms to lunch and re-evaluate the proposals. Bookey stated the three firms present were all capable to do the insurance. The City sent out the RFP and to him it is the same as a bid for a construction bid. The City always awards the lowest bid, etc. He was concerned that the financial statement request in the RFP was not adhered to when it was requested to keep them confidential. If the Brown Agency was the low bidder but wanted their financial statement kept confidential, then the KENAI CITY COUNCIL MEETING MINUTES APRIL 5, 1995 PAGE 25 bid should go to the next bidder, who would have been Last Frontier. Smalley agreed with Bookey. Williams stated his concern that there were many ambiguities in regard to the commission which would be received. If it is not known what commissions will be received, etc., how do they know who is the real low bidder. Swarner stated Administration was instructed to go out for RFPs. They did that. She did not know why Council is doubting them now. Measles stated he agreed with what had been said. The Council pays the City Manager, City Attorney and Finance Director a lot and Council should trust their recommendation. Measles stated he did not want to listen to the firms' arguments. What should be discussed is how much will the cost to the city be out of the General Fund. That is the bid that was submitted to the City. Measles stated he would support the Administration's recommendation. MOTION: Councilwoman Swarner MOVED to follow Administration's recommendation to award the contracts to the Brown Agency and Last Frontier Insurance agencies to broker the City's insurance proposals. Councilwoman Monfor SECONDED the motion. Williams stated his concern that it is not known what the true bid is in regard to amounts of commission, etc. He does not think the figures are accurate. There is no way to know if someone can get a cheaper premium. Finance Director Brown agreed. Williams stated he did his own matrix and the Brown Agency came out very low. Bannock asked if the insurance firms were given the RFP to review. Brown answered yes, they were given a draft copy of the RFP and were requested to submit comments before it came to Council. Williams asked if the insurance firms could be asked to give a top dollar amount for what insurance the City wants. Graves answered that is what has been done in the past several years. The insurance brokers didn't like it because there was so much criticism from firms blocking them out. Monfor suggested the City could self -insure. This was discussed briefly. Williams asked what the biggest claim had been on the KENAI CITY COUNCIL MEETING MINUTES APRIL 5, 1995 PAGE 26 city. Graves answered he believed the golf course at $400,000. Williams asked if there was anything like that on the horizon. Graves state not at this time, but wait. Monfor stated to Williams that he was the one that started this type of request for proposals. VOTE: Councilwoman Swarner called for the question. (Awarding to Brown Agency and Last Frontier.) Williams: No Bookey: No Swarner: Yes Monfor: Yes Measles: Yes Bannock: No Smalley: No MOTION FAILED. MOTION TO ADJOURN: Councilman Measles MOVED to adjourn and Councilwoman Swarner SECONDED the motion. Williams stated he had a few other items he wanted to discuss with the Council. VOTE: Councilman Measles called for the question. Williams: No Monfor: Yes Smalley: No MOTION FAILED. Bookey: No Measles: Yes Swarner: Yes Bannock: No Williams stated Council could offer another suggestion. Monfor asked why they were voting no -- did it mean there was no faith in the administration? Bookey stated he had concerns of the way the matter was handled. He felt all the financial statements should have been up front. Bannock explained his no vote was not a no confidence vote. He wanted the questions raised in the letters submitted addressed by Administration and reviewed by Council. Councilman Smalley agreed with Bookey's comments, saying the requirements of the RFP should be followed and without the request for confidentiality of the financial statements. KENAI CITY COUNCIL MEETING MINUTES APRIL 5, 1995 PAGE 27 MOTION: Councilwoman Monfor MOVED to bring the JIA into the matter. Councilman Measles SECONDED the motion. Monfor stated the insurance firms fight among themselves and it is not the Council's problem. Their problem is to get the best for the City's dollar. Williams stated he would prefer Administration review the proposals with the insurance firms. Measles disagreed and stated a recommendation has been made by Administration and they have reaffirmed their recommendation during this meeting. How much further do they want to go with the matter. Williams noted there were four members not happy with the recommendation. MOTION: Councilman Measles MOVED to table the motion to bring in the JIA. There was no second. MOTION FOR RECONSIDERATION: Councilman Smalley MOVED for reconsideration on the vote of the insurance companies selected by motion. Councilwoman Swarner SECONDED the motion. VOTE: Williams: No Monfor: Yes Smalley: Yes MOTION PASSED. Bookey: Yes Measles: Yes Swarner: Yes Bannock: No Williams noted the original motion was on the floor and was to approve the award to Brown Agency and Last Frontier Insurance. Smalley stated he appreciated the work and documentation prepared by Administration, etc. However, he would like this manner of award eliminated in the future. KENAI CITY COUNCIL MEETING MINUTES APRIL 5, 1995 PAGE 28 VOTE ON RECONSIDERED MOTION: Williams: No Bookey: No Swarner: Yes Monfor: Yes Measles: Yes Bannock: No Smalley: Yes MOTION PASSED. Williams requested Administration to prepare and award the appropriate bids to the Brown Agency and Last Frontier Insurance. BREAK TAKEN: 10:20 P.M. BACK TO ORDER: 10:30 P.M. H-11. Discussion - Contract Time Extension - Site Assessment of Lots 13 and 14, CIIAP/Geo Engineers. Williams noted in the cover memorandum from the Public Works Director, the Public Works Department recommends the extension of contract time. Smalley asked Kornelis if the extension was only for time to do the report and there would be no additional cost. Kornelis confirmed there would be no additional money involved. MOTION: Councilman Smalley MOVED for approval of Item H-11 and Councilman Measles SECONDED the motion. There were no objections. SO ORDERED. H-12. Discussion/Approval - Mission Street Improvements - Additional Work/Mike Tauriainen, P.E. Williams stated he reviewed the memorandum included in the packet. The money was exhausted due mainly to the many requirements for public meetings, public input and public comment. Also, the request from the Historic District Board to reroute the street, etc. There have been lots of complications. Also due to his request for decorative street lights being placed in the area. Williams added he still believes placing the decorative lights is a good idea and that it would be a start getting changes made around Old Town. Williams recommended moving ahead. Bookey asked when and if the project would take place. Kornelis stated he hopes it to be a do -able project. They are trying to get an agreement with the Church and are discussing the re- KENAI CITY COUNCIL MEETING MINUTES APRIL 5, 1995 PAGE 29 routing of the street, etc. Public Works recommends the street go where it is now. The Church has suggested it be re-routed to go behind the old Fish & Wildlife buildings. If that is done, there will have to be archeological digs, etc. ISTEA funds will be available for the construction portion of the project. The decorative lights may not be included with that funding. Manninen stated the ISTEA funds would only pay for the construction. No design or engineering. Williams asked what has delayed the project. Kornelis stated the main delay is deciding where the street will go. The Church will have to give up a right-of-way. And, if the street is re-routed there will be more involved. Bookey asked they needed to decide whether to re-route or not at this time. Williams stated he thought the Church understood that the longer they delayed, the longer it would take for the construction to begin. If they choose to change the road from the proposed design, the whole project could dissolve because of the need for archeological digging. Measles referred to the third paragraph of Kornelis' memorandum. Measles suggested if Council wants to proceed, approve the survey only and then deal with the land acquisition and right-of-way issue later. There is no need, at this time, to approve the $13,000 for the design. At this time, they only need $825 for the cost of the survey. Kornelis stated he did not need approval tonight. He needed to know if Council wanted to do the project. He will come back with an ordinance for appropriation of the money for consideration by Council in two meetings. MOTION: Councilman Measles MOVED to direct Administration to bring back an appropriation ordinance for the survey costs only. Councilwoman Monfor SECONDED the motion. Councilwoman Swarner asked who wants to change the road. Kornelis answered the Church. Bookey asked if there was any indication from the Church that they will go ahead with the project. Williams stated a few years ago they were accepting of the fact that they will give the right-of-way. Now the bigquestion is whether they will want the street to be re-routed. KENAI CITY COUNCIL MEETING MINUTES APRIL 5, 1995 PAGE 30 Kornelis stated he will bring an ordinance before Council for introduction at the next meeting. EXECUTIVE SESSION - (If time and scheduling allows, the yearly evaluations of the City Manager, City Clerk and City Attorney may be held.) MOTION: Councilman Smalley MOVED to convene in an executive session of the Council of the City of Kenai, concern matters which by law, municipal charter, or ordinance, are required to be confidential. Smalley requested Clerk Freas and City Attorney Graves be in attendance separately for their yearly evaluations. Councilman Bookey SECONDED the motion. Some councilmembers stated they were not prepared to do the evaluations at this time. VOTE: Williams: No Monf or : No Smalley: Yes MOTION FAILED. ITEM I: I-1. Mayor Bookey: Yes Measles: No ADMINISTRATION REPORTS Swarner: Yes Bannock: No Retirement Incentive Program - Williams referred to the letter added to the agenda at the beginning of the meeting which he received from Governor Knowles in regard to the RIP bills introduced by the House and Senate. Williams noted the Governor had requested comments be forwarded. Williams asked for Council opinion. Smalley stated he spoke at a public hearing on Saturday at which all 50 persons giving testimony were in favor of the RIP bills. There were also petitions with over 200 persons signing who were in favor of the bills. Smalley stated he strongly supports the bills. However, he feels the municipalities should be extended from July 1, 1995 to June 30, 1998. KENAI CITY COUNCIL MEETING MINUTES APRIL 5, 1995 PAGE 31 Williams requested Councilman Smalley draft a letter of support for the bills. Councilwoman Swarner stated she was not ready to vote on the matter at this time. It is not known if the City of Kenai wants to be involved in it. Finance Director Brown stated in order for him to check and see if it would be advantageous for the City, the State must first tell him the calculations. He cannot say what the amounts would be until he knows who could retire. Then, two payments must be made -- one by the employee and one by the City. Williams requested a blanket letter of support. Swarner stated she did not support that. Measles stated the letter would only support the bills and whether the city buys into it is something different. The City does not have to accept it after the calculations are made. Brown added the letter wants to know if the rules and windows applying to the State would apply to the City. Smalley stated he would draft the letter and Council could review. Glass Cabinet - Williams reported he spoke to the builder of the cabinet and stated it was not what was wanted. And, he would ask Council if they wanted to pay some amount for the cabinet and put it in some other building. Smalley asked what the materials cost for the project. Smalley suggested paying for materials only. Kornelis stated he did not know what the cost of the materials was. Monfor stated the KBVCC could use the cabinet. Measles suggested the builder be told the City would pay $1,000 and the builder moves the cabinet to where the City tells him to move it. Swarner agreed with Measles. Measles added a deadline should be given that the cabinet be moved. If it is not, it would then be the City's cabinet. Williams suggested asking the builder to build a cabinet like they want or go to another builder. Discussion continued. Clerk Freas asked, for clarification, if Council wanted her to sign off on the purchase order. Answer was no. Kornelis is to offer $1,000 for the cabinet and have it moved to the KBVCC. Kornelis was asked to get a cost for building another cabinet as requested. KENAI CITY COUNCIL MEETING MINUTES APRIL 5, 1995 PAGE 32 KPB Ordinance 94-52 (Overlay District) - Williams reported on the progress of the ordinance and distributed the newest version of the ordinance. Williams asked if Council wanted him to go in another direction in regard to statements about the ordinance. Council stated no. Sister -City Grant - Williams reported the EDD was putting together another major grant for travel funding for a group to visit Okha. The grant funds can only be used to send medical personnel at this time. Williams asked if Council was willing to pay for travel costs for Councilwoman Swarner to go as her husband is in the medical field. Councilwoman Swarner could act as an official representative from the City. Williams stated he does not plan to go. Monfor stated she didn't object to travel there before, however with the newest sales to Iraq, she has a large objection. If Swarner wants to go, she would approve it. Measles stated he agreed with Monfor about traveling there at this time. Smalley stated he did not have a problem with the City participation in sending Councilwoman Swarner if she really wants to go. Bannock objected to the trip. Swarner stated she would not have a problem if Council did not want her to spend the money. Council consensus was it would approve the expenditure of the funds if Swarner really wanted to go. Budget Work Session - A budget work session was scheduled for 7:00 p.m. on April 12, 1995 at the Senior Center. I-2. City Manager EDD Meetings - Manninen reported he has and will be attending two meetings in regard to the business innovation center. News Release - Fire Insurance - Manninen referred to the news release included in the packet as Information Item No. 4 which Council requested be done. I-3. Attorney No report. KENAI CITY COUNCIL MEETING MINUTES APRIL 5, 1995 PAGE 33 I-4. City Clerk Volunteer Advertisement - Clerk Freas reported the advertisement Council requested to have published in appreciation of volunteers on commissions, committees, etc. will cost approximately $500.00. Council approved the cost. VCR/TV Purchase - Clerk Freas requested permission to purchase a new TV and VCR with a stand for permanent placement in Council Chambers. Council had no objections. I-5. Finance Director No report. I-6. Public Works Director Kornelis reported the dock bids were out. A pre -bid conference has been scheduled and the bid opening date is set for April 26. I-7. Airport Manager Airport Manager Ernst reported the refurbishment of the counters at the airport should be completed in approximately ten days. Painting should be completed in about 30 days. After the painting is completed, the new carpet will be placed. ITEM J: DISCUSSION J-1. Citizens None. J-2. Council Bookey - Bookey stated he would like Council to take a stand in regard to pull tabs and bingo permits and no longer involve themselves with them. Smalley suggested Bookey make a motion. MOTION: Councilman Bookey MOVED to require the Council not to involve themselves in any discussions or any debate on bingo/pull tabs KENAI CITY COUNCIL MEETING MINUTES APRIL 5, 1995 PAGE 34 until we have the authority to make a decision and our decision means something. Councilman Smalley SECONDED the motion. Williams stated a letter to that effect could be drafted and signed in the morning. Monfor asked if that would mean a permit could be sent off with no comment and Council would not even see it? Williams stated he told the applicants during the break they could take the application to the Borough Clerk and have it signed there. Freas asked to whom the letter would be sent. Williams stated the gaming commissioner. Williams added copies of the letter could be distributed to anyone who comes in with an application. VOTE: Councilman Smalley requested UNANIMOUS CONSENT. There were no objections. Councilman Measles stated he would still like copies of the applications to be presented to Council as an information item only for any permit applicants for inside the city. No action would be taken on the permits by Council or Administration. Williams clarified the Clerk would still copy the applications for council review as an information item and a copy of the letter will be distributed to anyone bringing in an application for approval. Smalley asked Graves and Manninen for their comments. Graves stated he did not have any problem with Council's decision at all. If the City has no authority, there is no reason to take action. These applications only consume a lot of the Council's time. Measles stated that one advantage for the time the discussions consumed, it brought forward the fact that the City has no authority to do anything. There were no objections to UNANIMOUS CONSENT. SO ORDERED. Swarner - Thanked the Fire Chief for the informative program which was presented at the Chamber meeting. She was sorry there was not more people there to hear it. KENAI CITY COUNCIL MEETING MINUTES APRIL 5, 1995 PAGE 35 Swarner also commended Bookey for his motion in regard to the bingo/pull tab applications. Swarner added the Beautification Committee is looking for volunteers to plant bulbs, etc. If Council is interested or knows of someone who would be interested, please let her know. Monfor - Monfor referred to Bookey's statement and motion and added she did not mind taking criticism when it counts, but doesn't like it when it doesn't count. Measles - Nothing. Bannock - Nothing. Smalley - Smalley stated he appreciated Bookey's motion as well and all the other comments that were expressed. Smalley also reaffirmed his determination that they live in the best equipped, best trained, and best city around. ITEM K: ADJOURNMENT The meeting adjourned at approximately 11:27 p.m. Minutes were transcribed and submitted by: Carol L. Freas, City Clerk .; f r- / KENAI PENINSULA BOROUGH 144 N. BINKLEY SOLDOTNA, ALASKA 99669-7599 BUSINESS (907) 262-4441 FAX (907) 262-1892 DON GILMAN MAYOR April 6, 1995 Subject: Kenai River Overlay Ordinance (94-52) Planning Department Recommendations The attached information has been copied from the Kenai Peninsula Borough Planning Commission packet prepared for April 10, 1995. The first page is the Staff Report prepared by Planning Department staff. The "Substitute" Ordinance (Attachment #1) was considered by the Kenai Peninsula Borough Assembly on April 4, 1995, and postponed until May 16, 1995. The "Substitute" was postponed to allow time for the Planning Commission to consider an expanded version of the ordinance which includes proposed additions and changes prepared by the Kenai Peninsula Borough Planning Department staff (Attachment #2). Attachment #2 will be discussed at the April 10th and the April 24th Planning Commission meetings. Questions regarding the Planning Department Recommendations may be directed to Deborah Gilcrest (262-4441, ext. 266), Harriet Wegner (262-4441, ext. 298), or Dick Troeger (262-4441, ext. 305). All versions of the Kenai River Overlay Ordinance are subject to revisions, additions, suggestions, recommendations, comments or any other changes deemed necessary to adequately address the impacts of upland development on Kenai River Habitat. AGENDA ITEM G. SPECIAL CONSIDERATIONS 2. Ordinance 94-52 (Substitute) (Revised) An Ordinance Establishing the Kenai River Overlay District, Establishing Conditional Use Permit Requirements and Setting Forth Conditional Use Permit Approval Criteria STAFF REPORT PC Meeting 4/10/95 Planning Department Recommendations on "Ordinance 92-52 (Substitute)" (Proposed Kenai River Overlay District Ordinance) On February 21, 1995, the Kenai Peninsula Borough Assembly postponed Ordinance 94-52 for the purpose of obtaining comments from the Planning Department, the Planning Commission, the Legal Department, and Administration. The purpose of this staff report is to transmit to the Planning Commission the recommendations developed by the Planning Department staff. Comments of the Legal Department and Administration have been incorporated. However, the Legal Department is still formulating additional recommendations which may be presented to the Commission on April 10, 1995. The attachments to this staff report are: 1) Ordinance 94-52 (Substitute) as it was modified by the Assembly at the February 21, 1995 meeting (a total of seven pages); 2) Ordinance 94-52 (w/Planning Staff s Recommendations) as prepared over the past few weeks (a total of twenty-one pages) including new sections pertaining to Grandfather Rights, the Appeal Process, Proposed Development Standards and "Definitions" to clarify the meaning and intent of certain words; and 3) An example of a matrix, which separates the various Development Standards into two areas as follows: standards which would be applied in the "Bank Area" (the first fifty feet from the Ordinary High Water Line), and the standards which would be applied in the "Protection Area" (the next 100 feet or the 100 year flood plain, whichever is further). The matrix is still under development. Planning Department staff and Legal Department staff will be available at the April 1 Oth Planning Commission meeting. Even though Ordinance 94-52 is on the Planning Commission's April 1 Oth agenda, and therefore has been publicly advertised, we recommend that the April 24th agenda include Ordinance 94-52 for further discussion and to allow another opportunity for public testimony. END OF STAFF REPORT Att-ax-k,,,� -t�, 1 Introduced by: Drathman, Navarre, Scalzi, Glick Date: 10/11/94 Hearin¢: 01/03/95 Postponed to: 02/21/95 Amended, Postponed to: 04/04/95 Action: Vote: KENAI PENINSULA BOROUGH ORDINANCE 94-52 (SUBSTITUTE) AN ORDINANCE ESTABLISHING THE KENAI RIVER OVERLAY DISTRICT, ESTABLISHING CONDITIONAL USE PERMIT REQUIREMENTS AND SETTING FORTH CONDITIONAL USE PERMIT APPROVAL CRITERIA WHEREAS, the Kenai River System is recognized as a critical natural resource upon which, to a very large degree, the economic well being of the Kenai Peninsula Borough is depended, and which provides recreational and subsistence opportunities which enhance the quality of life to the citizens of the Kenai Peninsula Borough; and WHEREAS, numerous and adequate studies have been completed detailing and inventorying the complexity and scope of the Kenai River ecosystem; and WHEREAS, the aforementioned studies are unanimous in concluding that the health and well being of the river is in grave jeopardy and appropriate tools are presently not available to control the ongoing habitat degradation; and WHEREAS, the Kenai Peninsula Borough is responsible for land use planning within its boundaries; NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH: SECTION 1. That Chapter 21.05 of the Kenai Peninsula Borough Code is enacted to read: 21.05.010. Kenai River Overlay District. A. The Kenai River Overlay District establishes special requirements for the development and use of land adjacent to the Kenai River, tributaries of the Kenai River, Skilak Lake and Kenai Lake. These requirements are designed to mitigate the impacts of human activity on the river while also providing opportunities for development and uses which will not cause erosion, ground or surface water contamination or adverse alteration of fish habitat. Should a conflict between provisions of this section and any other section of the Kenai Peninsula Borough Code or any other code of the cities of Kenai or Soldotna occur, then the more restrictive provision shall apply. Kenai Peninsula Borough, Alaska Ordinance 94-52 Page I of 7 B. The Kenai River Overlay District (KRD) shall apply to all lands that are located between the waterline of the Kenai River and 150 feet therefrom, or from the waterline to the line that defines the 100 year flood plain as shown on the Flood Insurance Rate Maps (F.I.R.M.), whichever is further from the river. C. For the purposes of this chapter, "waterline" is defined as the edge of the Kenai River that, in tidally influenced portions of the river is referred to as the "mean high tide line" and, in portions of the Kenai River that are not tidally influenced as the "ordinary high waterline." D. The KRD is an overlay zone. Where the KRD overlay applies, the underlying zoning district provisions, if any, are neither abandoned nor repealed, but are augmented by the KRD requirements. In case of conflict, this ordinance controls, however, cities may enforce standards more restrictive within their city limits should they choose to do so. E. The mayor, with the consent of the borough assembly, may enter into intergovernmental cooperative agreements with the cities of Kenai and Soldotna and agencies of the state and federal government for the purpose of joint administration and mutual enforcement of this code. 1. The Kenai Peninsula Borough may delegate responsibility by cooperative agreement with the cities of Kenai and Soldotna to hear and decide appeals regarding enforcement of this chapter as applied within the territory of those cities. 2. The borough may assume delegate responsibility by cooperative agreement with agencies of the state and federal government a "one stop" general permitting authority for administration and enforcement of laws affecting land and water uses within the Kenai water district. 3. The intent of this section is to eliminate duplication of personnel enforcing laws and codes applicable to land and river uses; to provide singular accountability for decisions affecting land and river uses and to provide a source of intergovernmental financial assistance to assist the borough in administering and enforcing this code. 21.05.020. Use permit required. A. Except as otherwise permitted in this section, development or use of land within the KRD requires approval and issuance of a use permit by the Kenai Peninsula Borough planning department. B. For the purposes of this section, "development" is defined to mean any alteration of the natural condition of the land or alteration of any existing structure on the land within the KRD. 21.05.030. Classification of areas within the KRD. A- The area between the waterline of the river and 50 feet shall be referred to as the bank area. B. The area from the bank area for a distance of 100 feet or to the line that defines the 100 year flood plain shall be referred to as the protection area. River I Bank Area -so,- River Bank Area Protection Area ----50'---- 1 —100' or the 100 year flood plain, whichever is further — Kenai Peninsula Borough, Alaska Ordinance 94-52 Page 2 of 7 21.05.040. Uses within the bank area. A. The primary purpose of the bank area is to protect the river bank and the adjacent fish habitat. The bank area is also to allow the river to function in a dynamic natural state, thus enabling fish and wildlife resources to maintain critical life functions and productivity. Activities which could degrade the integrity of the river bank, the riparian zone, the contiguous wetlands, or the adjacent waterbodies shall not be allowed. B. The prohibited uses within the bank area are the following: 1. commercial logging or clear cutting of vegetation; 2. removal of vegetation, other than minor cutting or trimming; 3. construction of any habitable structure; 4. groins, jetties and bulkheads; 5. upland support structures for jetties, groins and bulkheads; 6. industrial, commercial and manufacturing uses or structures; 7. extractive industry, including gravel and peat removal; 8. use of persistent herbicides, pesticides or other toxicants; 9. landfills, dumps, junkyards, storage yards or disposal of hazardous wastes; 10. commercial or public storage of materials used for snow and ice control including sand, salt, sand/salt mixtures and/or the dumping of snow from snow removal operations; 11. septic systems, leaching fields, waste water treatment plants; 12. storage or use of persistent herbicides, pesticides or toxicants for other than home or personal garden use; 13. boat launches or ramps; 14. hydropower projects, dams, impoundments, diversion channels, navigation channels, off channel boat harbors and canals; 15. commercial agricultural uses and/or grazing; 16. fuels tanks. C. Uses requiring permit. 1. bank stabilization which is designed to protect shorelines and reduce erosion; 2. ladders, platforms, boardwalks, stairways and walkways designed to protect shorelines, riparian vegetation and reduce erosion; 3. floating docks designed to protect shorelines and reduce erosion; 4. access to sanitary facilities, day use areas, and campsites; 5. effluent holding tanks; 6. directed and/or collected stormwater discharge; 7. roads, bridges, driveways, parking lots and paved areas; 8. storm drains or storm water discharge devices; 9. any excavation. 21.05.050. Uses within protection area. A The purpose of the protection area is to allow the river to function in a dynamic natural state, thus enabling fish and wildlife resources to maintain critical life functions and productivity. In this area, few activities which could degrade the integrity of the riparian zone, contiguous wetlands, or the adjacent waterbodies should be allowed. Maintenance of a high percentage of vegetation in this area is important. B. The prohibited uses within the protection area are the following: Kenai Peninsula Borough, Alaska Ordinance 94-52 Page 3 of 7 1. commercial logging or clear cutting of vegetation; 2. landfills, dumps, junkyards, storage yards, and the storage or disposal of hazardous waste. 3. commercial or public storage of materials used for snow and ice control including sand, salt and sand/salt mixtures or the dumping of snow from snow removal operations. 4. extractive industry, including gravel and peat removal; 5. septic systems, leaching fields and waste water treatment plants in the first 100 feet of the protection area; 6. use of persistent herbicides, pesticides or other toxicants; 7. hydropower projects, dams, impoundments, diversion channels, navigation channels, off channel boat harbors and canals; 8. commercial agricultural uses and/or grazing; 9. fuels tanks within the first 100 feet of the protection area if the first 100 feet of the protection area are within the 100 year flood plain. C. Uses requiring permit. 1. bank stabilization which is designed to protect or enhance fishery habitat; 2. open space non -vehicular uses such as parks, wildlife management, tent camping, picnic areas, other forms of outdoor recreation, and associated sanitary facilities; 3. support facilities for water or shoreline -dependent activities; 4. overhead and subsurface utility lines providing that revegetation and stabilization will occur; 5. temporary storage of hazardous wastes and construction materials; 6. commercial, manufacturing, industrial uses and structures which will not cause significant erosion, ground or surface water contamination or cause adverse alteration of fish and wildlife habitat; 7. pipelines or utility lines; 8. roads, bridges, driveways, parking lots and paved areas; 9. effluent holding tanks; 10. septic system, leaching fields and water treatment plants shall be permitted in the protection area only if sewer systems are not available; and a. the system is no closer to the river than 150 feet; and b. if the system is so contained as to prevent leakage into the river in the event of flood waters covering the system; 11. storm drains or storm water collection and discharge devices; 12. access to sanitary facilities, day use areas, and campsites; 13. fuel tanks in the first 100 feet of the protection area if the first 100 feet of this area is not in the 100-year flood plain and the tank is above ground and either double -sided or has a containment basin large enough to hold one and one-half times the contents of the tank; 14. fuel tanks beyond the first 100 feet of the protection area if this area is located within the 100-year flood plain, only if a. the tank is above ground and either double -sided or has a containment basin Iarge enough to hold one and one-half times the contents of the tank; and, b. the tank must be so designed so as to contain and prevent leakage in the event of flood waters reach the tank; c. the tank must be securely fastened to the ground so as to prevent tank Kenai Peninsula Borough, Alaska Ordinance 94-52 Page 4 of 7 flotation should waters reach the tank. 21.05.060. Use permit procedure. A. An application, provided by the borough planning department, must be competed and submitted for planning department approval. Each application must be accompanied by a completed site plan. B. The site plan submitted with the application must delineate the following: 1. the plan must clearly show the boundaries of the parcel and the location of all existing and proposed structures, natural resource extraction sites, toxic or hazardous material storage areas and their content identification, septic systems and waste water treatment and/or treatment sites, wells, fuel tanks, excavations and/or fill areas, sewer systems; 2. the site plan shall be drawn at a scale of 50 feet to the inch if the property is less than three acres in size and 100 feet per inch if the property is three acres or more in size; 3. date, drafter's name and address, north point and scale indicator; 4. location of the 100 year flood zone; 5. the locations and dimensions of all existing and proposed drives, parking area, snow storage areas, streets, alleys, sidewalks, walls, slopes of 22% or more, fences and landscaping; 6. the size and location of all existing and proposed public and private utilities; 7. the method, if any, of drainage for storm water runoff; 8. a description of all materials or substances to be used on the property which may be harmful to fish, wildlife or habitat; 9. a description and drawing of any existing or proposed erosion control, or slope stabilization measures; and 10. a listing of all state and federal permits which are required in connection with the proposed development. 21.05.070. Notice. A. Notice of an application for a use permit shall be mailed to real property owners within a three hundred foot periphery of the parcel affected by the proposed action. Said notice shall invite comments of the recipient and give notice of any hearings scheduled. B. In addition to any other notice required by this code, or deemed specifically appropriate by the planning department, the planning department shall send notice of an application for a use permit on any parcel within the KRD to the following agencies to provide an opportunity for review comments prior to the date scheduled for permit determination: 1. Kenai-Kasilof Soil and Water Conservation District' 2. City of Kenai Planning Department; 3. City of Soldotna Planning Department; Recreation; 4. Alaska Department of Natural Resources, Division of Parks and Outdoor 5. Alaska Department of Fish and Game; 6. Alaska Department of Environmental Conservation; and 7. United States Fish and Wildlife Service. C. The above listed agencies shall be encouraged to offer special technical assistance and recommendations to mitigate harmful effects of the proposed use relating to erosion, ground or surface water contamination or significant adverse alteration of fish and wildlife habitat. Kenai Peninsula Borough, Alaska Ordinance 94-52 Page 5 of 7 21.05.080. Issuance of permit. A. The plannin'a commission, with assembly approval, shall prepare and publish regulations governing administration and application of this chapter. B. Before a use permit shall be approved for property within the KRD, the planning department must complete a written statement of evidence and findings that the use will not cause erosion, ground or surface water contamination or adverse alteration of fish and wildlife habitat consistent with the provisions of this chapter and any regulation adopted thereunder. A permit may not issue without these written, satisfactory findings. C. Any party aggrieved by the issuance or non -issuance of a use permit, or its included or non -included conditions, may, within 30 days, appeal to the planning commission. Any party aggrieved by the action of the planning commission, may within 10 days, appeal to the assembly. The decision of the assembly shall be final. D. Planning department decisions on applications submitted shall be made within 30 days after filing, unless the applicant agrees to an extension of time. 21.05.090. Regulations. (To be added) 21.05.100. Nonconformity. .. A. When any lot, parcel, use or occupancy legally exists prior to the date this ordinance takes effect, but does not meet the requirements of Chapter 21.05 it shall be considered a non- conforming lot, parcel or use. Nonconforming uses may continue but may not be expanded beyond the present lot or parcel boundaries. B. All structures and uses made nonconforming by this title may be continued only on the lot or parcel which contained the structure or use prior'to the date this ordinance takes effect. Once the nonconforming use is discontinued, or the structure not used for the specific use for more than one year, it shall not be permitted. C. It shall be the responsibility of the owner to show proof of continuing nonconforming use of any property or structure which is in nonconformity with this title. D. This section shall not be construed as a limitation or restriction of the authority of the Kenai Peninsula Borough to enact legislation regulating the means or methods of the conduct of such non -conforming uses. 21.05.110. Variance. A. A variance may be granted to provide relief when a literal enforcement of Chapters 21.05.010 through 21.05.060 would deprive a property owner of reasonable use of his real property. B. A variance may only be granted by vote of the planning commission. Two-thirds of the planning commission must find that all of the conditions specified in section C exist. C. All of the following conditions shall exists before a variance may be granted: 1. a literal interpretation of the provisions of Chapters 21.05.010 through 21.05.060 would deprive the applicant of rights commonly enjoyed by other properties in the same area; 2. special conditions and circumstances exist which are peculiar to the land or structures involved and which are not applicable to other lands and structures in the same area; 3. setback requirements cannot be met because of the size of parcel and the &enai renmsula Borough, Alaska Ordinance 94-52 Page 6 of 7 subdivision including the subject parcel was approved prior to the date this ordinance takes effect. the applicant; 4. the special conditions and circumstances have not been caused by actions of a variance; 5. financial hardship or inconvenience shall not be the sole reason for granting 6. other nonconforming land use within the area shall not be considered grounds for granting a variance; 7. a variance shall be the minimum variance necessary to permit the reasonable use of the land or structure; D. Either party, the planning department or the applicant, may appeal the action of the planning commission to the assembly, within 30 days from the date of the planning commission action. 21.05.120. Penalties for violations. Failure to comply with the requirements of this chapter, or to engage in any prohibited activity herein listed, is.a violation which subjects the violator, whether land owner, agent or trespasser, to a fine of $1,000 per violation, per day. SECTION 2. That Chapter 20.20 of the Kenai Peninsula Borough Code is amended by adding the following section: 20.20.270. Kenai River Overlay District requirements. In its consideration of subdivision plats, the commission shall ensure that streets, easements and pedestrian ways in the Kenai River Overlay District (established at Chapter 21.05 of this code) are designed to minimize degradation of the bank and protection areas. There shall be no direct discharge of drainage, runoff or effluent without appropriate use of settling ponds, oil/grease separators or other treatment methodologies designed to ensure that the discharge is in compliance with Alaska Water Quality standards. There shall be erosion control measures designed to protect the shoreline, water quality and fish rearing habitat. Pedestrian ways shall either be located at least 50 horizontal feet away from the shoreline or on elevated walkways or elevated boardwalks designed to minimize degradation of riparian habitat. SECTION 3. [THIS SECTION WILL EITHER ADD TO TITLE 21, OR ENACT IN ANOTBER TITLE, A SECTION CERTIFYING THAT AN IlVIPROVEMENT MADE PURSUANT TO TITLE 21 IS KPB APPROVED FOR A PROPERTY TAX CREDIT PURSUANT TO, AND SUBJECT TO TIE LIMITATIONS OF AS 29.45.046.] SECTION 4. That this ordinance becomes effective upon enactment. ENACTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH ON TffiS DAY OF , 1995. Kenai Peninsula Borough, Alaska Ordinance 94-52 Page 7 of 7 Andrew P. Scalzi, Assembly President ATTEST: Gaye J. Vaughan, Borough Clerk Kenai Peninsula Borough, Alaska Ordinance 94-52 Page 8 of 7 Introduced by: Drathman, Navarre, Scalzi, Glick Date: 10/11/94 Hearing: 01/03/95 Postponed to: 02/21/95 Amended, Postponed to: 04/04/95 Action: Vote: KENAI PENINSULA BOROUGH ORDINANCE 94-52 (SUBSTITUTE) (w/Planning Department Recommendations) AN ORDINANCE ESTABLISHING THE KENAI RIVER OVERLAY DISTRICT, ESTABLISHING CONDITIONAL USE PERNHT REQUIREMENTS AND SETTING FORTH CONDITIONAL USE PERMIT APPROVAL CRITERIA WHEREAS, the Kenai River System is recognized as a critical natural resource upon which, to a very large degree, the economic well being of the Kenai Peninsula Borough is depended, and which provides recreational and subsistence opportunities which enhance the quality of life to the citizens of the Kenai Peninsula Borough; and WHEREAS, numerous and adequate studies have been completed detailing and inventorying the complexity and scope of the Kenai River ecosystem; and WHEREAS, the aforementioned studies are unanimous in concluding that the health and well being of the river is in grave jeopardy and appropriate tools are presently not available to control the ongoing habitat degradation; and WHEREAS, the Kenai Peninsula Borough is responsible for land use planning within its boundaries; NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH: SECTION 1. That a new Chapter 21.05 of the Kenai Peninsula Borough Code is enacted to read: Chapter 21.05 Kenai River Overlay District 21.05.010. Purpose. A. The purpose of the Kenai River Overlay District is to establish special requirements for the development and use of land adjacent to the Kenai River, including certain tributaries of the Kenai River, Skilak Lake and Kenai Lake. These requirements are designed to mitigate the impacts Kenai Peninsula Borough, Alaska Ordinance 94-52 94-52pin.rec; April 3, 1995 Page 1 of 21 of human activity on the river while also providing opportunities for development and uses which will not cause erosion, ground or surface water contamination or adverse alteration of fish habitat. Should a conflict between provisions of this section and any other section of the Kenai Peninsula Borough Code or any other code of the cities of Kenai or Soldotna occur, then the more restrictive provision shall apply. B. The Kenai River Overlay District (KRD) shall apply from the shoreline of Kenai Lake to the mouth of the Kenai River and to all lands that are located between the Ordinary High Water Line of the Kenai River and 150 horizontal feet therefrom, or from the Ordinary High Water Line to the line that defines the 100 year flood plain as shown on the Flood Insurance Rate Maps (F.I.R.M.), whichever is further from the river. The KRD shall also apply to these tributaries of the Kenai River: (1) Beaver Creek within the city limits of Kenai; (2) Slikok Creek and Soldotna Creek within the city limits of Soldotna; (3) Funny River, Moose River, Killey River, Hidden Creek, Russian River, Juneau Creek, Cooper Creek, Bean Creek, Quartz Creek, Crescent Creek and Dave's Creek. D. The KRD is an overlay zone. Where the KRD overlay applies, the underlying zoning district provisions, if any, are neither abandoned nor repealed, but are augmented by the KRD requirements. In case of conflict between provisions, the more restrictive shall apply. E. The Mayor, with the consent of the Borough Assembly, may enter into intergovernmental cooperative agreements with the cities of Kenai and Soldotna and agencies of the state and federal government for the purpose of joint administration and mutual enforcement of this code. 1. The Kenai Peninsula Borough may delegate responsibility by cooperative agreement with the cities of Kenai and Soldotna to hear and decide appeals regarding enforcement of this chapter as applied within the territory of those cities. 2. The borough may assume or delegate responsibility by cooperative agreement with agencies of the state and federal government a "one stop" general permitting authority for administration and enforcement of laws affecting land and water uses within the Kenai water district. 3. The intent of this section is to eliminate duplication of personnel enforcing laws and codes applicable to land and river uses; to provide singular accountability for decisions affecting land and river uses and to provide a source of intergovernmental financial assistance to assist the borough in administering and enforcing this code. 21.05.015 Defmitions "Accessory Use" A use or structure which is incidental and subordinate in area, extent, or purpose to the principal use or structure. Accessory uses, when aggregated shall not subordinate the principal use of the lot. "All Terrain Vehicle" Kenai Peninsula Borough, Alaska Ordinance 94-52 94-52pin.rec; April 3, 1995 Page 2 of 21 "Assembly" The Kenai Peninsula Borough Assembly. "Boat Launch" A facility primarily for the launching and landing of watercraft, and which may include an access ramp, docking area, and parking spaces for vehicles and trailers. "Commercial" Activities involving wholesale or retail sales or rental of any article, substance or commodity and/or the provision of services for cash or trade, including offices and accessory uses. "Commercial Agriculture" The production, keeping, maintenance, raising or growing of plants and/or animals for sale, trade or lease. "Critical Spawning and Rearing Areas" Areas identified in the most recent Fish and Game Catalog of Waters Important for Spawning, Rearing or Migration of Anadromous Fishes", the Kenai River Comprehensive Management Plan, or any other agency study which may provide guidance to the developer on this issue. "DBH" Tree diameter at breast height; the average diameter (outside the bark) of a tree 4.5 feet above mean ground level. "Development" Any man-made change to improved or unimproved lands and waters, including but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling. "Erosion Control Measures" Methods designed to control erosion as further explained in the most recent version of the Kenai River Landowner's Guide prepared by the U.S. Department of Agriculture, Soil Conservation Service, or any other agency study which may provide guidance to the developer on this issue. " Extractive Industry" The use of the premises for the exploration, extraction, removal or processing of natural deposits, including but not limited to sand and gravel, stone, rock, clay, peat, coal, gold, uranium or hydrocarbons. "Fuel Tanks" Any receptacle, above or below ground, that contains gasoline, oil or any other petroleum product or derivative thereof in excess of six gallons. "Hazardous Materials" A material defined as "hazardous waste" under 40 CFR Part 261 or as a "hazardous substance" under 40 CFR Part 116. "Higher Value Wetlands" An area defined as "Higher Value Wetlands" in the most recent study, prepared or published by the Alaska Department of Fish and Game (for example: Technical Report 94-6; also known as the "309 Study") or the U.S. Fish and Wildlife Service National Wetlands Inventory, or any other agency study which may provide guidance to the developer on this Kenai Peninsula Borough, Alaska Ordinance 94-52 94-52pin.rec; April 3, 1995 Page 3 of 21 issue. "Horizontal Foot" An absolute linear unit of measure which ignores the verticality of the topography measured. "Hundred year flood" A flood of a magnitude which can be expected to occur on an average of once every 100 years. It is possible for this size flood to occur during any year, and possibly in successive years. It would have a one percent chance of being equalled or exceeded in any year. The one hundred year flood boundary is defined by the Flood Insurance Rate Map (FIRM) which are maps of the community issued by the Federal Emergency Management Agency (FEMA) and delineate the area subject to the 100-year flood. "Industrial Use" Facilities and grounds for assembly, transportation, warehousing, storage or disposal of natural resources, refined products or commodities. "Junk yard" The use of 500 square feet or more of a parcel or lot for the outdoor storage, handling, dismantling, wrecking, keeping or sale of used, discarded, wrecked or abandoned airplanes, appliances, boats, building and building materials, machinery, equipment, vehicles, or parts thereof, including but not limited to, scrap metals, wood, lumber, plastic, fiber or other tangible materials. "Material Which Allows Penetration of Sunlight" Building or construction material as defined in Figure 34, Page 90, Kenai River Landowner's Guide or any other agency study which may provide guidance to the developer on the issue. "Native Species" Plants, shrubs, grasses, and/or trees (such as willows and alders), as defined in the most recent version of the U.S. Department of Agriculture, Soil Conservation Service Kenai River Landowner's Guide, or any other agency study which may provide guidance to the developer on this issue. "Ordinary High Water Mark" (Also known as "Ordinary High Water Line" or "Mean High Water Line") The mark (or line) along the bank or shore up to which the presence and action of the nontidal water are so common and usual, and so long continued in all ordinary years, as to leave a natural line (or mark) impressed on the bank or shore and indicated by erosion, shelving, changes in soil characteristics, destruction of terrestrial vegetation or other distinctive physical characteristics. "Permanent" A period of time greater than fourteen days. "Pesticide" Any chemical agent used for control of plant or animal pests. Pesticides include insecticides, herbicides, fungicides, nematocides, and rodenticides. "Principal Land Use" The main use of land or structures as distinguished from a secondary or accessory use. Kenai Peninsula Borough, Alaska Ordinance 94-52 94-52pin.rec; April 3, 1995 Page 4 of 21 "Public" Any person or persons protected by, affected by or benefiting from the provisions of this ordinance. "Planning Commission" The Planning Commission of the Kenai Peninsula Borough. "Riprap" A protective layer or facing of quarrystone usually placed in an irregular pattern to prevent erosion, scour, or sloughing of an embankment of bluff; also the stone so used. "Structure" Anything temporarily or permanently built for the support, shelter or enclosure of persons, animals, goods or property of any kind, together with anything constructed or erected with a fixed location on or in the ground. "Suitable Soils" Soils defined as suitable for the intended use or structure in the most recent study prepared by U.S. Department of Agriculture, Soil Conservation Service or by any other agency which may provide guidance to the developer on this issue. "Timber Harvest" The felling, skidding, processing, loading and/or transportation of merchantable trees, standing or down, of a tree species 4 inches or more DBH. Timber harvesting does not include the clearing of land for approved development. "Toxic" An amount or concentration of any substance harmful to humans, wildlife, or fish spawning and rearing habitat as defined in the most recent study prepared or published by the Alaska Department of Environmental Conservation ("DEC"), the U.S. Environmental Protection Agency (EPA), or any other agency study which may provide guidance to the developer on this issue. "Vegetation" All live trees, shrubs, ground cover, and other plants including without limitation, trees both over and under four inches in diameter DBH. "Wetlands Areas" An area defined in the most recent study prepared or published by the U.S. Fish and Wildlife Service or any other agency study which may provide guidance to the developer on this issue. 21.05.020. Use permit required. A. Certain developments and uses of lands within the KRD require approval and issuance of a conditional use permit by the Kenai Peninsula Borough Planning Department. Developments and uses of land not specifically listed in this Chapter, are allowed without such approval or permit. 21.05.030. Classification of areas within the KRD. A. The area between the Ordinary High Water Line of the river and 50 horizontal feet shall be referred to as the bank area. Kenai Peninsula Borough, Alaska Ordinance 94-52 94-52pin.req April 3, 1995 Page 5 of 21 B. The area from the bank area for a distance of 100 horizontal feet or to the line that defines the 100 year flood plain shall be referred to as the protection area. River I Bank Area ----50'---- River Bank Area Protection Area ----50'---- --100' or the 100 year flood plain, whichever is further-- 21.05.040. The bank area. A. The primary purpose of the bank area is to protect the river bank and the adjacent fish habitat. The bank area is also to allow the river to function in a dynamic natural state, thus enabling fish and wildlife resources to maintain critical life functions and productivity. Activities which could degrade the integrity of the river bank, the riparian zone, the contiguous wetlands, or the adjacent waterbodies shall not be allowed. B. PROHIBITED USES WITHIN THE BANK AREA 1. timber harvest; 2. removal of vegetation; 3. construction of any habitable structure; 4. groins, jetties and bulkheads including upland support structures; 5. industrial, commercial, and manufacturing uses or structures; 6. extractive industry; 7. use or storage of herbicides, pesticides, fertilizers, or other toxicants; 8. landfills, dumps, junkyards, storage or disposal of hazardous wastes; 9. commercial or public storage of materials used for snow and ice control including sand, salt, sand/salt mixtures and/or the dumping of snow from snow removal operations; 10. septic systems, effluent holding tanks, leaching fields, waste water treatment plants; 13. hydropower projects, dams, impoundments, diversion channels, navigation channels, off channel boat harbors and canals; 14. commercial agricultural uses and/or grazing; 15. permanent fuel tanks in excess of six (6) gallons; 16. settling ponds. C. USES WITHIN THE BANK AREA REQUIRING A CONDITIONAL USE PERMIT. 1. bank stabilization; 2. ladders, platforms, boardwalks, stairways and walkways; 3. floating docks; including structural anchors, upland supports; 4. trail access to sanitary facilities, day use areas, and campsites; 4. stormwater and/or wastewater discharge; 5. roads, bridges, driveways, parking lots and paved areas; 6. any excavation, dredging, filling or grading; Kenai Peninsula Borough, Alaska Ordinance 94-52 94-52pin.rec; April 3, 1995 Page 6 of 21 7. boat launches and ramps; 8. commerciai uses and structures; 9. fish cleaning stations; 10. signage; 11. overhead and subsurface utility lines or pipelines other than individual service connection; 21.05.050. The protection area. A. The purpose of the protection area is to allow the river to function in a dynamic natural state, thus enabling fish and wildlife resources to maintain critical life functions and productivity. In this area, few activities which could degrade the integrity of the riparian zone, contiguous wetlands, or the adjacent waterbodies should be allowed. Maintenance of a high percentage of vegetation in this area is important. B. PROHIBITED USES WITHIN THE PROTECTION AREA 1. timber harvest; 2. landfills, dumps, junkyards, and storage or disposal of hazardous waste; 3. commercial or public storage of materials used for snow and ice control including sand, salt and sand/salt mixtures or the dumping of snow from snow removal operations; 4. extractive industry; 5. use or storage of herbicides, pesticides, fertilizers or other toxicants; 6. hydropower projects, dams, impoundments, diversion channels, navigation channels, off channel boat harbors and canals; 7. commercial agricultural uses and/or grazing; C. USES WITHIN THE PROTECTION AREA REQUIRING A CONDITIONAL USE PERMIT. 1. bank stabilization; 2. permanent parks, wildlife management, camping, picnic areas, and other outdoor recreational facilities; 3. overhead and subsurface utility lines or pipelines other than individual service connection; 4. Commercial, manufacturing, industrial uses and structures; 5. trails, roads, bridges, driveways, parking lots and paved areas; 6. effluent holding tanks; 7. septic system, leaching fields and water treatment plants, where sewer systems are not available. 8. clear cutting of vegetation; 9. permanent fuel tanks; 10. excavation, dredging, filling or grading; 11. stormwater and/or wastewater discharges; 12. settling ponds Kenai Peninsula Borough, Alaska Ordinance 94-52 94-52pin.rec; April 3, 1995 Page 7 of 21 21.050.055 Development Standards A. The following Development Standards shall be implemented to reduce the potential impacts of development activities within the Overlay District. These standards may be applied to development within the bank area, within the protection area, or both. DS 1. The project shall be located, designed and maintained so that natural water circulation patterns are not interrupted. DS 2. The project shall be evaluated in consideration of the overall number, density and proximity of similar structures within the Overlay District. DS 3. The project shall not negatively impact Critical Spawning and Rearing Areas. DS 4. Discharge of dredged or fill material, or point source water discharge shall be free from pollutants in toxic amounts. DS 5. Upon completion of the project, all temporary fills shall be completely removed and the affected area revegetated with native trees and shrubs. DS 6. Heavy equipment working in Higher Value Wetlands shall be placed on mats. DS 7. Appropriate Erosion Control Measures shall be taken with all permitted activities. Applicant shall implement Erosion Control Measures best suited to the particular project. DS 8. Surface disturbance shall not occur within Higher Value Wetlands Areas without proper application and approval from the Corps of Engineers. In the event of conflicting regulations, the stricter provisions shall apply. DS 9. Disturbance caused by any activities shall be limited to minimize vegetation removal as specified in the approved site plan. DS 10. Boardwalks, platforms and docks shall be constructed to minimize vegetation removal and/or loss. Conditions of the permit shall promote a design which also avoids damage to the structure from freeze/thaw fracture lines. DS 11. If the parcel is located within a Wetlands Area, the total coverage by fill or excavation shall not exceed 10% of the total parcel area. DS 12. Minimum lot size shall be 40,000 square feet; 20,000 square feet of which shall be Suitable Soils. Variances to this standard may be authorized for reasons set forth in Section 21.05.105. Kenai Peninsula Borough, Alaska Ordinance 94-52 94-52pin.rec; April 3, 1995 Page 8 of 21 DS 13. Setback for septic systems shall be 100 feet from any water body as shown on the site plan, including ditches. DS 14. Waste disposal sites shall be in conformance with DEC regulations. DS 15. Additional fill in excess of that needed for structural integrity of the project shall not be placed. DS 16. A containment berm shall be constructed which will contain 130% of the largest tank capacity within the containment berm. DS 17. Ditches and/or drainage methods shall be developed in a manner which minimizes pollution, minimizes deposit of siltation, does not result in the increase of the rate of runoff, does not impact river velocity at the point of entry, and does not concentrate the flow of runoff into the river. DS 18. Settling ponds and grease separators shall be used in conjunction with activities where grease, oil and other contaminants are used. With the assistance of DEC, a strict maintenance schedule shall be planned and undertaken. DS 19. Fencing may be required in conjunction with certain aspects of the project. DS 20. Disturbed soil areas shall be revegetated as soon as possible and before the end of the following growing season. Revegetation with Native Species is required. If the attempt at revegetation fails for reasons beyond the control of the landowner or the project supervisor, alternative methods for revegetation shall be reviewed. DS 21. All fill materials shall be obtained from a source outside the Overlay District. DS 22. Winter travel over vegetated areas, associated with construction activities, shall be confined to the time when there is one foot or more of ground frost and a minimum of one foot of snow cover (approx. October 15 to March 15) DS 23. Discharged waters shall not exceed DEC water quality standards. DS 24. Material excavated from the site which is not used in the site development shall be disposed of outside the Overlay District. DS 25. The side slopes of any fill construction shall not exceed a 2:1 slope. DS 26. Only wastewater which has undergone secondary treatment at a minimum shall be allowed to be dispersed in the Overlay District. Kenai Peninsula Borough, Alaska Ordinance 94-52 94-52pin.rec; April 3, 1995 Page 9 of 21 DS 27. All surface wastewater discharge shall be discharged with a diffuser. DS 28. Minimal trail widths shall be allowed as follows: T width on private property; 4' width on public land, and a 6' width whenever the trail is required to be handicapped accessible. DS 29. If any portion of the project extends into the river, the design will be limited so that no more than ten feet of the structure extends out from the bank. DS 30. The total surface area of any floating dock shall not exceed 64 square feet (except as otherwise provided in DS #35). DS 31. Surface -treated or creosote -treated materials shall not be used in contact with the water of the Kenai River. (Non -treated or pressure treated materials are preferred.) DS 32. Accessory uses shall not be located in the Higher Value Wetland areas. DS 33. All wastewater discharge activities shall comply with EPA and DEC regulations. DS 34. The project shall be designed so that there is no increase in water velocity along the water's edge. DS 35. Prior to applying for construction of a floating dock, the applicant may consult with neighborhood property owners regarding the possibility of a community floating dock. If this approach is taken, certain other guidelines may be modified to accommodate a dock size which will serve more users. DS 36. Roads, driveways and trails shall be constructed to minimize ground disturbance and removal of vegetation. Construction of roads, driveways and trails shall not alter natural drainage patterns. DS 37. Bank stabilization projects within the bank area shall occur during low water periods (normally between October 31 and May 15). DS 38. The project shall be designed so it will not result in reclamation of land from the river. DS 39. Walkways or ladders extending beyond the Ordinary High Water Line (OHWL) for the purpose of connecting floating docks with the shoreline shall not exceed 4 feet in width. DS 40. Any portion of a walkway, stairway, ladder or dock located within the Bank Area, shall be constructed of a Material Which Allows Penetration of Sunlight to support the growth of the natural vegetation below. Kenai Peninsula Borough, Alaska Ordinance 94-52 94-52pin.rec; April 3, 1995 Page 10 of 21 DS 41. Where Riprap is used, the applicant shall revegetate immediately adjacent and above by spreading topsoil and planting Native Species. Rocks must be fractured and a minimum of 12" in diameter. DS 42. No material shall be removed from the Kenai River. (Exception: It may be necessary to move a rock or equivalent amount of material to provide a flat base for the toe of a structure.) DS 43. All construction work shall be completed within one construction season. (Exception: The applicant may propose to construct a "phased project" (up to five years) which will include a reclamation plan.) DS 44. Organic material such as trees, brush, or soil shall not be deposited in the Kenai River. DS 45. Stabilization measures shall be sufficient to withstand a 100-year flood event. DS 46. No more than 70% of the parcel's linear river frontage shall be impacted by development and/or construction of the project. DS 47. The maximum percentages of impervious surface coverage shall be calculated as follows: ► If the lot size is 40,000 square feet or less, no more than 10% of coverage is allowed ► If the lot size is 40,000 square feet to 1.2 acres, no more than 15 % of coverage is allowed ► If the lot size is 1.2 acres to 1.6 acres, no more than 20% of coverage is allowed ► If the lot size is 1.6 acres to 2.0 acres, no more than 25% of coverage is allowed ► If the lot size is 2.0 acres to 2.4 acres, no more than 30% of coverage is allowed ► If the lot size is 2.4 acres to 2.8 acres, no more than 35% of coverage is allowed ► If the lot size is 2.8 acres to 3.2 acres, no more than 40% of coverage is allowed ► ...and so forth, in increments of 4/1 Oths of an acre. DS 48. Clearing of native vegetation outside the bank area shall not exceed 20 percent of the lot; or 10 percent for slopes over 15 percent in grade. DS 49. Off road All Terrain Vehicle (ATV) use within the Overlay District shall only be allowed when there is 12 inches or more of snow on the ground. DS 51. Gross density of camping sites shall not exceed ten sites per acre. DS 52. The total area occupied by accessory uses shall not exceed 10% of the total area occupied by the principal structure. DS 53. If overhead utilities are determined to have less of an impact on vegetation than subsurface installation, overhead utilities shall be required. DS 54. Settling ponds shall not be located within 100' of the river. Kenai Peninsula Borough, Alaska Ordinance 94-52 94-52pin.rec; April 3, 1995 Page 11 of 21 DS 55. Construction activities shall meet or exceed the development standards provided for in the Kenai Peninsula Borough's Floodplain Ordinance (Chapter 21.06). DS 56. The Planning Director may require a Registered Civil Engineer's certification of the design of the project; this report will be completed at the applicant's expense. DS 57. The Planning Director may require a Registered Soils Engineer's certification; this report will be completed at the applicant's expense. DS 58. Temporary restroom facilities may be required to improve unsanitary conditions normally associated with the proposed activity. DS 59. No Principal or Accessory Uses shall be allowed within the following described portions of lots: 1. River front lots. a. Front yard: 40 feet (from roadway); b. Rear yard: 50 feet (from ordinary high water); c. Side yards: 20 feet. 2. All other lots. a. Front yard: 20 feet (from roadway); b. Rear yard: 20 feet; c. Side yard: 20 feet. 21.05.060. Conditional Use Permit Application procedure. A. An application, provided by the borough planning department, must be completed and submitted for planning department approval. The application shall contain the following information: l . Name, address, and telephone number of the legal owner of the property. 2. Name, address, and telephone number of the applicant's agent if other than the owner. 3. Legal description of property and the KPB tax account number. 4. A statement of intended use and period of use on an annual basis. 5. A general description of the property including but not limited to: a. vegetation cover b. slopes C. soils Kenai Peninsula Borough, Alaska Ordinance 94-52 94-52pin.rec; April 3, 1995 Page 12 of 2I d. physical access e. river mile f, surrounding uses g. existing development features 6. A description of existing nonconforming uses and a request to allow continued use. 7. State purpose of proposed construction. 8. Narrative of proposed construction methods. 9. Dates of start-up and completion of construction. 10. Approximate costs of construction. 11. State any materials or substances to be used on the property that may be harmful to water quality, fish, or wildlife habitat. 12. List all other federal, State, or local permits required for the project. B. The site plan submitted with the application must delineate the following: 1. The boundaries of the parcel and the location of all existing and proposed development, including: a. structures of any type b. cut and fill areas C. material storage areas and identification of materials d. septic systems e. domestic water wells f. fuel tanks g. driveways h. parking areas i. snow disposal area j. adjoining roadways, walks, trails k. fences 1. landscaping M. public or private utilities n. contours and/or spot elevations o. location of the 100-year flood line including water surface elevation of the base flood and the flood incnr'ance rate zone p. streams, drainage ways, areas subject to seasonal flooding or inundation q. ordinary high water line of rivers and streams r. existing or proposed development on adjacent surrounding lots S. existing landownership status Kenai Peninsula Borough, Alaska Ordinance 94-52 94-52pin.rec; April 3, 1995 Page 13 of 21 3. the method of controlling storm water runoff 4. the method and details of erosion control or slope stabilization measures 5. The site plan shall be drawn to an appropriate engineer's scale of sufficient size to be clearly legible and readily reproduced 6. date, drafter's name and address, north point and scale indicator; 7. location of the 100 year flood zone; 8. the locations and dimensions of all existing and proposed drives, parking area, snow storage areas, streets, alleys, sidewalks, walls, slopes of 22% or more, fences and landscaping; 9. a general vicinity map 10. shown within a title block, owner's name and address, name and address of preparer if different than owner, legal description of property 11. date of plan preparation D. The applicant bears the responsibility of accurately depicting the ordinary high water line of rivers or streams and the base flood elevation data of the 100-year floodplain. In the event the Planning Department does not agree with the submitted data, the questions shall be resolved by an Alaska registered civil engineer or land surveyor. The applicant shall pay all costs of the investigation and report. E. Applications which are deemed incomplete shall be returned to the owner. The period for a Planning Department decision on issuing a use permit shall not commence until a satisfactory and complete application has been filed and written notice of acceptance has - been furnished to the owner. F. A fee of $200 shall accompany each application for a conditional land use permit. 21.05.065 General Permit Conditions. A. A conditional use permit shall not be issued until the owner has: 1. Secured, if applicable, a floodplain development permit in accordance with the provisions of Chapter 21.06 of the KPB Code of Ordinances. 2. Received a determination that the proposed use is consistent with the Kenai Peninsula Borough Coastal Management Program. 3. Shown proof that all other applicable federal, State, or local permits have been issued. Kenai Peninsula Borough, Alaska Ordinance 94-52 94-52pin.rec; April 3, 1995 Page 14 of 21 B. Planning Department decisions on applications submitted pursuant to this Chapter shall be made within 30 days after filing, unless the applicant agrees to an extension of this time. C. Any party aggrieved by the issuance or non -issuance of a use permit, or its included or non - included conditions, may appeal to the Planning Commission. Either party, the Planning Department or the applicant, may appeal the action of the Planning Commission to the Assembly within 30 days from the date of the Planning Commission action. D. Use permits shall be recorded in the appropriate State of Alaska District Recording office within 20 days after issuance. The applicant shall pay the recording fee. E. Use permits shall contain a statement regarding existing nonconforming uses. F. A permit issued under the provisions of this chapter runs with the land and is valid as long as the original stipulations are not violated. G. The Planning Department may inspect the land at any reasonable time to verify the uses and conditions found are according to the stipulations of the permit. 1. Written notice shall be served on owners in noncompliance of permit terms and shall be given 30 days in which to correct the violation or be subject to Section 21.05.090 of this chapter. H. A conditional use permit shall contain the following certificate signed by the owner of the land: I hereby certify that I am the owner of the real property which is the subject of this permit; that I agree to abide by the terms and conditions of this permit; that the uses and activities authorized by this permit will not cause any erosion, ground or surface water contamination, or adverse alteration of fish and wildlife habitat. owner's name and address I. Planning department decisions on applications submitted shall be made within 30 days after a complete application is filed, unless the applicant agrees in writing to an extension of time. J. No permit will be issued if project parcel or applicant are not current and in compliance with KPB tax requirements. Kenai Peninsula Borough, Alaska Ordinance 94-52 94-52pin.rec; April 3, 1995 Page 15 of 21 21.05.070. Notice. A. Notice of an application for a use permit shall be mailed to real property owners within a three hundred foot periphery of the parcel affected by the proposed action. Said notice shall invite comments of the recipient and give notice of any hearings scheduled. B. In addition to any other notice required by this code, or deemed specifically appropriate by the planning department, the planning department shall send notice of an application for a use permit on any parcel within the KRD to the following agencies (as applicable) to provide an opportunity for review comments prior to the date scheduled for permit determination: 1. Kenai-Kasilof Soil and Water Conservation District' 2. City of Kenai Planning Department; 3. City of Soldotna Planning Department; 4. Alaska Department of Natural Resources, Division of Parks and Outdoor Recreation; 5. Alaska Department of Fish and Game; 6. Alaska Department of Environmental Conservation; 7. United States Fish and Wildlife Service; 8. United States Forest Service; and 9. other interested agencies, as applicable. C. The above listed agencies shall be encouraged to offer special technical assistance and recommendations to mitigate harmful effects of the proposed use relating to erosion, ground or surface water contamination or significant adverse alteration of fish and wildlife habitat. 21.05.100 Nonconformity/"Grandfather Rights". A. Purpose It is the intent of this Chapter to promote land use conformities, except that non -conforming conditions that existed before the effective date of this ordinance shall be allowed to continue (commonly referred to as "Grandfather Rights"), subject to the requirements set forth in this section. B. General 1. Transfer of Ownership. Non -conforming structures, lots, and uses may be transferred, and the new owner may continue the non -conforming use or continue to use the non -conforming structure or lot, subject to the provisions of this Chapter. 2. Repair and Maintenance: This Chapter allows, without a permit, the normal upkeep and maintenance of non -conforming uses and structures including repairs or renovations which do not involve expansion of the non -conforming use or structure, and such other changes in a non -conforming use or structure as federal, state, or local building and safety codes may require. Kenai Peninsula Borough, Alaska Ordinance 94-52 94-52pin.rec; April 3, 1995 Page 16 of 21 C. Non -conforming Structures 1. Expansions: A non -conforming structure may be added to or expanded after obtaining a permit from the same permitting authority as that for a new structure, if such addition or expansion does not increase the non -conformity of the structure. Further limitations: a. After (date of ordinance adoption) if any portion of a structure is less than the required setback from the ordinary high-water line of the river, that portion of the structure shall not be expanded in floor area or volume, by 30% or more, during the lifetime of the structure. b. Construction or enlargement of a foundation beneath the existing structure shall not be considered an expansion of the structure provided; that the structure and new foundation are placed such that the setback requirement is met to the greatest practical extent as determined by the Planning Director, or his/her designee, basing the decision on the standards contained in this Chapter. c. No structure which is less than the required setback from the ordinary high-water line of the river, shall be expanded toward the river. 2. Relocation: A non -conforming structure may be relocated within the boundaries of the parcel on which the structure is located provided that the site of relocation conforms to all setback requirements and development standards to the greatest practical extent as determined by the Planning Director, or his/her designee, and provided that the applicant demonstrates that the present subsurface sewage disposal system meets the requirements of Alaska Department of Environmental Conservation, that a new system can be installed in compliance with the law. In no case shall a structure be relocated in a manner that causes the structure to be more non- conforming. In determining whether the building relocation meets the setback to the greatest practical extent, the Planning Director or his/her designee, shall consider the size of the lot, the slope of the land, the potential for soil erosion, the location of other structures on the property and on adjacent properties, the location of the septic system, and the type and amount of vegetation to be removed to accomplish the relocation. 3. Reconstruction or Replacement. Any non -conforming structure which is located less than the required setback from the ordinary high-water line of the river and which is removed, or damaged or destroyed by more than 50% of the market value of the structure before such damage, destruction or removal, may be reconstructed or replaced provided that a permit is obtained within one year of the date of said damage, destruction, or removal, and provided that such reconstruction or replacement is in compliance with the setback requirement to the greatest Kenai Peninsula Borough, Alaska Ordinance 94-52 94-52pin.rec; April 3, 1995 Page 17 of 21 practical extent as determined by the Planning Director, or his/her designee, in accordance with the purposes of this Chapter. In no case shall a structure be reconstructed or replaced so as to increase its non -conformity. Any non -conforming structure which is damaged or destroyed by 50% or less of the market value of the structure, excluding normal maintenance and repair, may be reconstructed in place with a permit from the Planning Director, or his/her designee. In determining whether the building reconstruction or replacement meets the water setback to the greatest practical extent the Planning Director or his/her designee, shall consider in addition to the criteria in paragraph 2 above, the physical condition and type of foundation present, if any. 4. Change of Use of a Non -conforming Structure The use of a non -conforming structure may not be changed to another use unless the Planning Director or his/her designee, after receiving a written application determines that the new use will have no greater adverse impact on the Bank or Protection Areas, or on the subject or adjacent properties and resources than the existing use. D. Non -conforming Uses. 1. Expansions: Expansions of non -conforming uses are prohibited, except that non- conforming residential uses may, after obtaining a permit from the Planning Director, be expanded within existing residential structures or within expansions of such structures as permitted in (C)(1)(a) above. 2. Resumption Prohibited: A lot, building or structure in or on which a non -conforming use is discontinued for aperiod exceeding one year, or which is superseded by a conforming use, may not again be devoted to a non -conforming use except that the Planning Director, or his/her designee, for good cause shown by the applicant, grant up to a one year extension to that time period. This provision shall not apply to the resumption of a use of a residential structure provided that the structure has been used or maintained for residential purposes during the preceding five (5) year period. 3. Change of Use. An existing non -conforming use may be changed to another non- conforming use provided that the proposed use has no greater adverse impact on the subject and adjacent properties and resources, than the former use, as determined by the Planning Director, or his/her designee. The determination of no greater adverse impact shall be made according to criteria contained in this Chapter. Kenai Peninsula Borough, Alaska Ordinance 94-52 94-52pin.rec; April 3, 1995 Page 18 of 21 E. Non -conforming Lots 1. Non -conforming Lots: A non -conforming lot of record as of the effective date of this Chapter or amendment thereto may be built upon, without the need for a variance, provided that such lot is in separate ownership and not contiguous with any other lot in the same ownership, and that all provisions of this Chapter except lot size can be met. Variances relating to setback or other requirements not involving lot size shall be obtained by action of the Planning Commission. 2. Contiguous Built Lots: If two or more contiguous lots or parcels are in a single or joint ownership of record at the time of adoption of this Chapter, if all or part of the lots do not meet the dimensional requirements of this Chapter, and if a principal use or structure exists on each lot, the non -conforming lots may be conveyed separately or together, provided that Title 20 Subdivision Ordinance and DEC laws are complied with. If two or more principal uses or structures existed on a single lot of record on the effective date of this ordinance, each may be sold on a separate lot provided that the above referenced law and rules are complied with. When such lots are divided each lot thus created must be as conforming as possible to the dimensional requirements of this Ordinance. 3. Contiguous Lots - Vacant or Partially Built: If two or more contiguous lots or parcels are in single or joint ownership of record at the time of or since adoption or amendment of this Ordinance, if any of these lots do not individually meet the dimensional requirements of this Ordinance or subsequent amendments, and if one or more of the lots are vacant or contain no principal structure the lots shall be combined to the extent necessary to meet the dimensional requirements. This provision shall not apply to two (2) or more contiguous lots, at least one of which is nonconforming, owned by the same person or persons on the effective date of this Ordinance and recorded if the lot is served by public sewer and water. 21.05.105 Variance procedure. A. A variance may be granted to provide relief when a strict enforcement of Chapters 21.05.010 through 21.05.060 would deprive a property owner of reasonable use of his real property. B. A variance may only be granted by vote of the Planning Commission. Two-thirds of the Planning Commission must find that [all of the] conditions specified in section C exist. C. A variance may be granted for any of the following reasons: Kenai Peninsula Borough, Alaska Ordinance 94-52 94-52pin.rec; April 3, 1995 Page 19 of 21 1. a strict interpretation of the provisions of Chapters 21.05.010 through 21.05.060 would deprive the applicant of rights commonly enjoyed by other properties in the same area; 2. special conditions and circumstances exist which are peculiar to the land or structures involved and which are not applicable to other lands and structures in the same area; 3. setback requirements cannot be met because of the size of parcel and the subdivision including the subject parcel was approved prior to the date this ordinance takes effect. 4. of the applicant; 5. granting a variance; 6. the special conditions and circumstances have not been caused by actions financial hardship or inconvenience shall not be the sole reason for other nonconforming land use within the area shall not be considered grounds for granting a variance; 7. a variance shall be the minimum variance necessary to permit the reasonable use of the land or structure; 21.050.110 Appeal of Planning Department decision. A. Any party aggrieved by the issuance (or denial) of a conditional use permit, or any conditions of the permit (included or not included), or a variance, may appeal to the Planning Commission. B. Appeal to the Planning Commission shall be filed in writing, stating specific objections and/or proposed conditions to be added, deleted, or revised. C. Appeal to the Planning Commission shall be accompanied by a $50.00 appeal fee. 21.05.115 Appeal of Planning Commission Decision. A. Should the Planning Commission approve, deny or issue a revised Conditional Use Permit, either party, the Planning Department or the appellant, may appeal the action of the Planning Commission to the Assembly within 30 days from the date of the Planning Commission Decision. B. Appeal to the Assembly shall be filed in writing, stating specific objections, and/or proposed conditions to be added, deleted or revised. C. Appeal to the Assembly shall be accompanied by a $50.00 appeal fee. D. The decision of the Assembly shall be final. Kenai Peninsula Borough, Alaska 2 -5 Ordinance 94 94-52pin.rec; April 3, 1995 Page 20 94 5 21.05.120. Penalties for violations. Failure to comply with the requirements of this chapter, or to engage in any prohibited activity herein listed, is a violation which subjects the violator, whether land owner, agent or trespasser, to a fine of $1,000 per violation, per day. SECTION 2. That Chapter 20.20 of the Kenai Peninsula Borough Code is amended by adding the following section: 20.20.270. Kenai River Overlay District requirements. In its consideration of subdivision plats, the Planning Commission shall ensure that streets, easements and pedestrian ways in the Kenai River Overlay District (established at Chapter 21.05 of this code) are designed to minimize degradation of the bank and protection areas. There shall be no direct discharge of drainage, runoff or effluent without appropriate use of settling ponds, oil/grease separators or other treatment methodologies designed to ensure that the discharge is in compliance with Alaska Water Quality standards and the Development Standards set forth in Chapter 21.05. There shall be erosion control measures designed to protect the shoreline, water quality and fish rearing habitat. Pedestrian ways shall either be located at least 50 horizontal feet away from the shoreline or on elevated walkways or elevated boardwalks designed to minimize degradation of riparian habitat. SECTION 3. That this ordinance becomes effective upon enactment. ENACTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH ON THIS DAY OF ,1995. Andrew P. Scalzi, Assembly President ATTEST: Gaye J. Vaughan, Borough Clerk Kenai Peninsula Borough, Alaska Ordinance 94-52 94-52pin.rec; April 3, 1995 Page 21 of 21 A H ,Ct'`r)-", 3 EXAMPLE OF A MATRIX SEPARATING THE STANDARDS INTO THE TWO AREAS - Bank Area and Protection Area 21.05.xxx Table 1: Conditional Use Permit Standards for the Bank and Protection Area ACTIVITY bank stabilization ladders platforms boardwalks stairways walkways floating docks, including structural anchors &upland supports trails, trail access stormwater or wastewater discharge roads bridges driveways parking lots paved areas excavation dredging fll boat ramps BANK AREA Development Standards DS#l, DS#3, DS#7, DS#37 DS#1, DS#3, DS#40, DS#39 DS#1, DS#3, DS#1, DS#3, DS#10 DS#1, DS#3, DS#40 DS#l, DS#3, DS#40, DS#39 DS#1, DS#3, DS#35, DS#39 DS#28 DS#1, DS#3, DS#4, DS#5, DS#33, DS#27, DS#26 DS#2, DS#3, , DS#4, DS#5, DS#49 DS#1, DS#2, DS#3, DS#4, DS#5, DS#34 DS#4, DS#5, DS#36 DS#4, DS#5 DS#4, DS#5 DS#3, DS#4, DS#5 DS#3, DS#4, DS#5 DS#3, DS#4, DS#5, DS#11 DS#1, DS#3, DS#4, DS#5 PROTECTION AREA Development Standards DS#55, DS#57, DS#7 DS#55, DS#2 DS#55, DS#2 DS#55, DS#2, DS#10 DS#55, DS#2 DS#55 DS#55, DS#56, DS#35, DS#39 DS#28 DS#33, DS#27, DS#26 DS#2, DS#49 DS#2, DS #34 DS#36 DS#47 DS#47 DS#48, DS#45 DS#4 DS#4, DS#5, DS#11 DS#55 boat launches DS#1, DS#3, DS#5 DS#55 settling ponds N/A DS#18, DS#54 commercial N/A DS#55, DS#59 structures fish cleaning DS#1, DS#3, DS#4 DS#55 stations signage DS#55 grading DS#11, DS#4, DS#15, DS#1 1, DS#4, DS#15, DS#17, DS#24, DS#44, DS#17, DS#24, DS#44, DS#48 DS#48 overhead utility DS#5, DS#6, DS#53 DS#5, DS#6, DS#53 lines subsurface utility DS#3, DS#4, DS#5, DS#6 DS#3, DS#4, DS#5, DS#6 lines fuel tanks N/A DS#16 effluent holding N/A DS#58 tanks septic systems N/A DS#4, DS#6 leaching fields N/A DS#4, DS#6 water treatment N/A DS#4, DS#6, DS#54 plants accessory uses DS#32, DS#52 DS#32, DS#52 camping, picnic N/A DS#51, DS#58 areas, outdoor recreational facilities vegetation, clear N/A DS#20, DS#48 cutting CITY OF KENA- 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 _ FAX 907-283-3014 orevA *A..,00n ,III'1 1": IT :4T .. __A. 11Yi To: Honorable Mayor John J. Williams & Kenai City Council From: Thomas J. Manninen, City Manager-ppw Date: April 6, 1995 �v/ RE: Implementation of the Council Ratified Ambulance Fee on May 1, 1995 It is the intent of this memorandum to advise the City Council that the ambulance fee adopted by the city council at the April 5, 1995 city council meeting will be implemented by city administration effective May 1, 1995. The following option was approved by the city council, Billing Level I at a proposed fee of $325.00, Billing Levels II and III, at proposed fees of $550.00 and Billing Level IV at a proposed fee of $1,000.00. Patient miles are billed at $4.50 per mile. It is the intent of the city to utilize a portion of this fee to replace the city ambulances (FY96 budget provides for a replacement ambulance at $125,000). Additionally, the ambulance user fee will provide for ambulance supplies, equipment, training and education necessary to continue to maintain a fully staffed and properly trained ambulance service. Whatever the actual collected gross ambulance, it will lessen the general fund's subsidy of the ambulance service. It is estimated that the gross billings, based on the adopted ambulance fee, will amount to approximately $213,000 in fiscal year 1996. Discounting the gross billings by 20% "uncollectible" bills and estimating a 25% reduction of Level I billings from the actual historical average in call volume will result in approximately a $127,800 annual ambulance fee revenue. Attachment: Ambulance billing fee cc: Charles A. Brown, Finance Director Cary Graves, City Attorney Dave Burnett, Fire Chief (Please contact me prior to the agenda going out on April 14 if there will be an implementation problem that will delay the effective date from May 1, 1995 to another period, please let me know earlier enough so that we can resolve the issue, whether it be getting forms printed, billings out, intake forms complete or whatever the problem is, so that it can be resolved prior to going to the city council at the next regular council meeting on the 19th of April.) C:\WPDOCS\TJM\AMBUFEE.MEM Billing Rates for Kenai Fire Department - E.M.S. Services E.M.S. Rates: Level I S 325 Basic Life Support Level II S 550 Advanced Life Support Level III $ 550 Advanced Cardiac Life Support Level IV $1,000 Technical Rescue with ACLS or ALS Mileage S 4.50 / mile Rates include supplies and medications. Billing procedures: 1) Medicare and Medicaid billings are expected to be filed electronically by a subcontractor. 2) Other billings will be made by the Finance Department. 3) The Fire Department completes the source document for billings. 4) Interest will not be charged. 5) Penalty of 10% may be charged on accounts not paid within 45 days of billing. 6) The Finance Director has authorization to write off accounts deemed uncollectible, including amounts in excess of allowable charges under Medicare and Medicaid. Effective May 1, 1995. Approved by the City Manager: Signature Reviewed by City Council on April 19, 1995. &:,rz-m�, � l e? D aide PAYMENTS OVER $2,500.00 WHICH NEED COUNCIL APPROVAL COUNCIL MEETING OF: APRIL 19, 1995 t tttkY#ttYtttXf tttrtttttYtktYtttttYt#tYt#YttktYtt!#YkxtttYYYYtktttittYYkttttttYY#tYttttf#k#**tt*YXtttx#t*t#ttt##ktrtYk*ttxYX*kYttxr*xttYtxtttxYti#tttYttttxtxYxrxXx VENDOR DESCRIPTION DEPARTMENT ACCOUNT AMOUNT MISC. t ttttttttttttttttttYt#tYttkt*tt##tXYtttkt#tttYYtYYttYtttt#ttttYrt*YtttYYtYkttkttttYY*t***t**t#t#t#t#tXt##*ttfYYYtkttrrtttttx#t#tt##tt#ttt#ttt#*kti#Yk*kxkxxtx#tkt#t FOR RATIFICATION: HOMER ELEC ASSN INC ELECTRICAL USEAGE VARIOUS UTILITIES 38,555.13 PERS MARCH PERS VARIOUS LIABILITY 39,581.u0 ICMA MARCH 401 PLAN VARIOUS SUPPLEMENTAL RRTIRRNRNT 12,182.03 MARCH DEFERRED COMP VARIOUS LIABILITY 16.195.00 KEY TRUST AHL INVESTMENT POOL CENTRAL TREASURY CEIITRAL TREASURY 121,873.13 5,51% PURCHASE ORDERS OVER $2,50D.00 WHICH NEED COUNCIL APPROVAL COUNCIL MEETING OF: APRIL 19, 1995 YltXlttttttt#!!tt##tikktltitkttx#tttYYttttltttit*tttYttttt*#lttt*ktt#ktttttt!ltttttttYYtYYYttttltktt*xt*ktltYYtttklttYtttttktt#ktYkkX## VENDOR DESCRIPTION DEPARTMENT ACCOUNT AMOUNT t*itttktttixtlt#XttYttxk*!litttt#t#xxt#tkYlxttttt.r ttttrKtttlxttXxtttxkkkkt##xktt*xk#tttttYt[txxtxttxttx#xttitxfttttxttXtttxttxKxttttYtt PORTAPATH USA MALONEY AND HAGGART DOORS AND WINDOWS MOLEC-U-TECH, CORP. PORTAPATH PREMIER INLET WOODS LEGAL SERVICES REPLACE RESTROOH PARTITIONS 14) WATERCLEAR POLYMER 501 BAG PARES REPAIR/MAIN SUPPLIES 3.826.07 LEGAL PROF. SERVICES 60,000.00 AIRPORT TERMINAL REPAIR/MAIN 9,14;.D0 SEWER TREATMENT PLANT OPERATING SUPPLIES 4,650.00 O'3 CITY OF KENAI CONSENT TO ASSIGNMENT OF LEASE The Assignment of Lease from VERNON LOFSTEDT, JR. to JAMES A. MUNSON, dated as of the 7th day of March, 1995, covering the following -described property: Lot 3, Block 1, General Aviation Apron, Kenai Recording District, Third Judicial District, State of Alaska is hereby ACKNOWLEDGED AND APPROVED, subject to the same terms and conditions as contained in the original Lease above -described. This Consent is given by the City of Kenai without waiving any right or action, or releasing the Assignor from any liability or responsibility under the aforementioned Lease, and does not relieve the Assignee from the condition requiring the City's approval for any subsequent sublease or assignment. CITY MANAGER STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) On this day of , 1995, before me personally appeared , known to be the person who executed the above instrument, and acknowledged that he or she had the authority to sign, for the purposes stated therein. NOTARY PUBLIC FOR ALASKA My Commission Expires: ASSIGNMENT OF LEASE THIS ASSIGNMENT, entered into between VERNON LOFSTEDT, hereinafter referred to as the Assignor; and JAMES A. MUNSON, whose address is 135 Granite Point Court, Kenai, AK 99611, hereinafter referred to as Assignee. Assignor does hereby assign, transfer and warrant to Assignee all of his interest in the leasehold estate as evidenced by that certain Lease Agreement with City of Kenai, as Lessor, dated the 19th day of August, 1985, and covering the following -described real property: Lot 3, Block 1, General Aviation Apron, Kenai Recording District, Third Judicial District, State of Alaska. TO HAVE AND TO HOLD the same from the date hereof, for and during all of the remainder yet to come of the term of said Lease Agreement. Assignee agrees to comply fully with all the terms and provisions of the Lease, and to hold the Assignor harmless from any liability arising thereunder. IN WITNESS WHEREOF, the said Assignor has hereto set his hand and seal as of the 7th day of March, 1995. OYST/ED/T, JR., Asignor A. MUNSON, Assignee STATE OF ALASKA ) )ss. THIRD JUDICIAL DISTRICT ) The foregoing instrument was acknowledged before me this day of 1995, by VERNON L. LOFSTEDT. NOTARY PUBLIC FOi ALASKA My Commission Expires: 15' 1 STATE OF ALASKA ) )ss. THIRD JUDICIAL DISTRICT ) The foregoing instrument was acknowledged before me this /� 7>� day of 1995, by JAMES A. MUNSON. ..:Nii. �� fin/— `-��i a/C�i�% .�j//' Yj��✓�Q�.. NUTAKY YUBL1C FOR ALA KA My Commission Expires: 2 125 N. Willow Street, Suite 100 C. R. Baldwin C. R. Baldwin Kenai. Alaska 99611 Lawyer Jaines N. Butler, III Phone (907)283-7167 Fax (907)283-8435 April 12, 1995 Kim Howard City of Kenai 210 Fidalgo Ave., Suite 200 Kenai, AK 99611 Re: Assignment of Lease Dear Kim: RECEIVED it CITY ADMIN. OF KENAI Enclosed is an Assignment of Lease for SouthCentral Air's Lot 3, Block 1, GAA, from Vern Lofstedt to James Munson and the Consent to Assignment for execution by the City. Also enclosed is a new Assignment of Lease For Security Purposes from SouthCentral Air and James Munson to the Lofstedts which will replace the Assignment of Lease For Security Purposes previously sent to you. If you have any questions, please call me. Thanks for your assistance. Very truly yours, , HILDA L. SPIRES Legal Assistant Enc. 4"4 CITY OF KENAI CONSENT TO ASSIGNMENT FOR SECURITY PURPOSES The Assignment For Security Purposes from SouthCentral Air, Inc. and James A. Munson to Vernon L. Lofstedt, Sr., Muriel Ruth Lofstedt, Vernon L. Lofstedt, Jr. and Diana K. Lofstedt, dated as of the 7th day of March, 1995, covering the following -described property: Parcel 1 - Lot One (1), Block Two (2), General Aviation Apron, Kenai Municipal Airport, located in the Kenai Recording District, State of Alaska; and Parcel 2 - Lot Three (3), Block One (1), General Aviation Apron, Kenai Municipal Airport, located in the Kenai Recording District, State of Alaska. is hereby ACKNOWLEDGED AND APPROVED, subject to the same terms and conditions as contained in the original Lease above -described. This Consent is given by the City of Kenai without waiving any right or action, or releasing the Assignor from any liability or responsibility under the aforementioned Lease, and does not relieve the Assignee from the condition requiring the City's approval for any subsequent sublease or assignment. CITY MANAGER STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) On this day of . 1995, before laic personally appeared , known to be the person who executed the above instrument, and acknowledged that he or she had the authority_ to sign, for the purposes stated therein. NOTARY PUBLIC FOR ALASKA My Commission Expires: ASSIGN"vtEN F OF LEASE FOR SECURITY PURPOSES SOUTHCENTRAL AIR. INC. and JAMES A. MUNSON, individually, of 135 Granite Point Court, Kenai, AK 99611, hereinafter referred to as the Assignors, for Ten Dollars and other valuable considerations, do hereby assign and transfer to VERNON L. LOFSTEDT. SR. and MURIEL RUTH LOFSTEDT, whose address is P.O. Box 1616, Kenai, AK 99611, and VERNON L. LOFSTEDT, JR. and DIANA K. LOFSTEDT, whose address is P.O. Box 1042, Kenai, AK 99611, hereinafter referred to as the Assignees, all of their interest in the following -described lease, with the CITY OF KENAI as Lessor: Lease recorded in Book 1 I') at Page 61, Kenai Recording District covering property described as Lot One (1), Block Two (2), General Aviation Apron, Kenai Municipal Airport, located in the Kenai Recording District, State of Alaska; and Lease dated August 19, 1985, covering property described as Lot Three (3), Block One (1), General Aviation Apron. Kenai Municipal Airport, located in the Kenai Recording District, State of Alaska. TO HAVE AND TO HOLD the same from the date hereof for and durine all of the remainder yet to come of the term of said lease agreement. The Assignees shall be privileged at any time hereafter to have the unrestricted right to reassign any interest hereby acquired. It is further agreed that this assia—mnent does not obligate the Assignees to any of the provisions of the lease until or unless actual possession is taken by the Assignees or their subassignees. This assigmnent shall be void so long as the said Assignors shall perforin all of the covenants, including any for the payment of money, contained in the promissory notes given by Assignors to Assignees on the 7th day of March. 1995, and shall perform all of the covenants and fulfill all of the conditions contained in the deed of trust, security agreement and pledge agreement entered into between the said Assignors and the said Assignees as a part of the transaction of which the creation of such indebtedness is a part. Upon the release of any parcel of the property from the deed of trust executed by Assignors in favor of Assignees of even date herewith, this Assignment shall terminate as to such parcel. ASSIGNMENT OF LEASE FOR SECURITY PURPOSES Page 1 IN WITNESS WHEREOF. the said Assignors have hereunto set their hand and seal as of the 7th day of March. 1995. SOUTHCENTRAL AIR, INC. Assignor AMES A. MUNSON. President AMES A. MUNSON, Individually Assignor STATE OF ALASKA ) )Ss. THIRD JUDICIAL DISTRICT ) The foregoing instrument was acknowledged before me this !/ day of 1995, by JAMES A. MUNSON, individually and as President of Sou Central Air, Inc., on behalf of the corporation. NOTARY PUBLIC FOR ALASKA My Commission Expires: ASSIGNMENT OF LEASE FOR SECURITY PURPOSES Page 2 125 N. Willow Streit, Suite 100 C. R. Baldwin C. R. Baldwin Kenai, Alaska 99611 Lawyer N. Butler, III ' Phone t9071253--'1, Fax (907)2S3-SJ35 April 12, 1995 Kim Howard City of Kenai 210 Fidalgo Ave., Suite 200 Kenai, AK 99611 Re: Assignment of Lease Dear Kim: RECEIVED CITYADMIN. OF KENAI Enclosed is an Assignment of Lease for SouthCentral Air's Lot 3, Block 1, GAA, from Vern Lofstedt to James Munson and the Consent to Assignment for execution by the City. Also enclosed is a new Assignment of Lease For Security Purposes from SouthCentral Air and James Munson to the Lofstedts which will replace the Assignment of Lease For Security Purposes previously sent to you. If you have any questions, please call me. Thanks for your assistance. Very truly yours, , HILDA L. SPIRES Legal Assistant Enc. MEMORANDUM TO: Mayor Williams and City Council THROUGH: Tom Manninen, City Manager FROM: Keith Kornelis, Public Works Director(e� DATE: April 13, 1995 SUBJECT: S. Spruce Street Beach Park FOR: City Council meeting of April 19, 1995 Attached is a hand drawing of what I think Council wanted to see concerning the South Spruce Street Beach Park. It appears there would be room for parking at the bottom of the hill to the west. The work would include: 1. Adding additional culvert(s) to handle diverting all of the flow to the north of the new parking lot. 2. Obtaining Corp Permit for filling wetlands for future STP expansion and parking lot. 3. Filter fabric and NFS fill to construct a new parking lot and future STP site. 4. Signage to make parking regulated "No Overnight parking" and one way entrance and exit. 5. Signage and gate to create a service road only from the terminus of S. Spruce east along the beach road. 6. New restrooms and dumpster pads. 7. Boardwalk foot access from the service road to the beach. I think this is the direction the Council wanted to look at. If Council wants to continue, we can pursue this by applying for the Corps of Engineers permit to fill in the wetland area. A long term plan could be to loop this beach road, Kenai Ave., with Inlet Street and Garden Ave. back to S. Spruce. Hopefully that would follow the existing trail and the locally called "Meeks Crossing." A parking lot could be constructed at Inlet Street and Kenai Ave. Public Works would like some direction- from City Council. KK/kw ,104A5EC, 5, i5/V, r� lIW) 58�Al Dt G,gRO 2Bs 69. �,. •`111; 2 j J987 y2 � 111 55 G .. 17, MUNIG,4L RcS�PVC- T2 8 I --j-t 1 Ac- _ iSEN41._lluN1CiPAL ��SE�vc `� SUti No ( (K85-9?J -- — �` M to • $ 3 k � � ---.�--�— „'�oa_4: ar.,i 8 D ir .33 CA 3 `p�,p 1 1 - _ " 141 1.15) I 1 r to k4i r _ 1 Ld \ � � / f+N't. lUl�.m T. lU o' d7 LM1 Go, I L. I 16, I 4 I.66 AC.I f.1I Lo, IUJ GCIv I Tel I I (0e) I S - ( , �- LUv'I LOT 11.' I LO '.rW'1. IOrOV'r Lnt 10 Lnv 1 10. I'll 4— To,, 1 1 'T Inl 17+ I Ov'I IOT 1 �4Uv t. LOT - I � I 1 I i I M C I Y PIARK ,- -1-1 1lt 1 t ) �UBD . ;.36 ac. r — — — — VI cnv, Lr.l 1+• p,6D,AC� , W ur15uP11 LV 7 [)t (, u I 1 7 o REwa 'Dun 1.33 AC. 1—` TI'� CHAR C R LF .N ! ' 11s) c� z Ov"T L. 7, Z PARK VIEW w cnv l Lol I•— I 2.09_AC. ' Z I ( In 1e) w SUED Nenv I LOT 11.1 r 1 1nl U✓ 11 L. w tia 1`d I I / In I r l I 1 I k185UPO I v I01 I1 3.12 AC. (051 ern � 1111 11.E nrI Ill Lo:'1 In n\'1 1-n _ - - , I' I " l ERSEN -SUBD. ; I I ADDN — NO . 1 I LOT 11- I en. to, ITT 168-A / ( 24)c ( ) c' A I - / (25) GOV'T. LOT 160 '- _ _ _ , L;. 16) 601•1 LOT 173 n P.,'t LOT 17. GOV'T LOT 114- 191 I 1 � • F I- N.! •1 f• l fin. lal - Aye THIS I�, IS Pf?E('AREC% DATE - 02/20/95 KENAI PENINSULA BOROUGH ASSESSING DEPARTMENT ONE LINE ASSESSMENT ROLE rr`f-t• 1 1lCt%3i:..:..:5 ;1: :1{�'illf.:i'� 5!4:=�y 17-083-09 00 30 150 0 I' €iK YY4R R i ii'l+i s %k':.iP 'l ole .. ••,•; :": ...: 4...: 17-084-02 30 30 200....:eaaiil:I,. 0 '���i'ol�'x��IP aye ;..,-`.• :::; ; Qa 11L77.-084-04 00 30 ISO 0 _ `W3��22��gt.�,�.{,$ �•[•11j i ,y ::e3e t-f. • eJ y1�//�1 :il�4if$t: �e e.:.,;"i:-�YM•=1.:. _ .. . r::li::�e.c"li 17-084-06 30 30 100 .-_�l. e, ::?1; 0 17-084-08 00 30 200 0 k7�l��►h;}YJ9t�i#�#+3:s ' i!: • - i i;i ili....:.1�ic,....-.i1�i::Iie. 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O 401,20 �i00 Ai30 •: � ��� �x�1�.:ii;;.'��iaOQ.r:•:I't:.._ :.Q. ,.__ . :3,•Pp. 7-092-02 10 6,400 3.499 • 1.50 K p g ��i��,K�,���i�i�zi3�c��t3��:t�ili�os.:::..1�r��:eii::;.e:.-i.:3���Q=!� �-•� :':::..:, 7-092-04 00 30 13.200 0 ��yR,��,,r]��jjjyyy���''"�{�:y1yy QQ'•,.[��a��.[.���.r(1 �1i�( �yt)s� t�%y[`� {J, I�I� ,�/� 3�i..�t!!:3I{P%9�2•I•.�IC:�Y4KORV•a A.. i�a. 1.'.][ZI{Z>.7t -/[w. •... [.. .. -06 00 3/0� 34.600 0 IS•Yy� �{8 [ ..0' I-092-08 00 30 9.600 0 i-092-10 70 30 15.000 0 10:go03'e.i-:: 12 000 300 , 5000 116 575 `I-09�2- fQ £ !8 [ k►i��li7v��e�.�.siex6d!ds�$��t�kixlS"A�iiY$1<'�fi:2:`,�3teY��QY:�:llt,t:-;�itl�il}±.Q.�e,�; :i�:ilJ:iiii� 12.000 0 I-,092-14 00 30�.9 S� _ �14w���iis�dKi.R:etl�rr.7�.g1,=:.:. 1�,�0�.:': '1=�'., -#':�•.[.:3:5::�� ..•. '1 I-092- 16 00 30 10.200 0 -0MM92g-18 00 30 5,600 O � ��+��lR�.:F;.�.B�£: IYgRS'-•rLE�Z(� �lL:�y I� ]��,a _ - .. +f•r..iY!!.s�n3i.64��Y.^f=idEF3.� .-�N. V.A! •�•: . :� .�.,... .I PAGE 220 Nd[ig:6R�NCW1'II0NtR0SEd: CO 0)402.1468k' PECK BRIAN L 6 NANCY J. BOX 883. KENAI. AK 99611-0883 :?� RI�aN EN, QRQpp_'•11:'CRANd� :. 4 i=PUROP� ST;-:ANCI10RAGE. AK ;M KENAI CITY OF, 210 FIOALGO AVE STE 200. KENAI, AK 9% 11-775( .iVB���Q°CFiAflI;CS.}I:,�•T,�A4Q1a�h�'I;:�OgEBT:s�ARKf QR; : ANCHORAGn; Al+t:< GRENCI CART- A. C/O LA NORA GRF.NCI. MONTROSE. CO 81402-1468 :FUN I-Off%Ak:ktA' WWY'i:00kSQQY_:K9NA1i; •Ak- 0961V-10883 KENAI CITY OF. 210 FIbALGO AVE STE 200. KFNAi. AK 99611.7.15( .Mr,90NC:pATRVCCAt`834 A1::$TREL(T-:APT 214J.;ANCt10QA(;V. AK-99501r2 WILSON VIRGINIA M. 1241 BILLUPS ST M CO. CIARKSION, WA 9940: €11R11NA �#1pS�p/'w.:i:=;°11N(:tt01111(i v" AK. SIV'110-ii'.17. .} `. KENAI CITY OF, 210 FIDALGO AVE STE 200, KENAI, AK 99611-775( v, ,rr ,. , ,•,• „ ,V w L, wn JJJV 1 - 1 I !BAY ARMS APARTMENTS, PO BOX 1024. KENAI, AK 99611-1024 :.���R���R.�R1d'AI''VA1�NQ,,•�ili�tb�`3:RO�f-:KD:;.ANCI•IOR9G�;pK.99G41*� i VOZAR PAUL M b SANDRA J. BOX 111269, ANCHORAGE, AK 99511-12( V0j4f1,;PA!!l,: tll.l4::$ANQRA'=��i �C?:::.11 �28Qj;,ANCtip -1iC. AK 911511 12F OCONNELL ROBERT D ETAL. 110 S WILLOW STE Y 108. KCNAI, AK 8E :K$1�+«€:!~Ifi silt=.,l. 9 fOf:E �ql►I: I; AVS STFE nO;; KENAI ; •AK' N941 1-775C CENTRAL PENINSiiLA MENTAL HEALTH. A5St1C INC. KENAI. AK 99611- 1; Q1jAN: (1G (1t :M.!.tANICN;.>�1�tPh;pOX:ileal:,.-kENAY.i.,AK !09611- Ida COWAN ROBERT M & JANICE H. PO BOX 1681. KFNAI. AK 99611 1681 : r+�HR�t+1 1AI�L• fAF1. �119�pN: � a�� jl: �NN�.`pp HIIX 61;•;KQfIAI , AK 006.1 JAHRIO WILLIAM JOSEPH & BECKY ANN, PO BOX 51. KENAI, AK 9961 :A1 a RsUli H K- tli. ' M;; 3gt1a;SNt�t7EFIAVI 4. (40A -) VIRr1tNtA BEACH, 'yl PETERS ROBORT S. PATRICIA. KENAI, AK 99611-0024 :NE"AI :@ttlLlt;:C14URCKI"'.PQ• B*K: 1761=:KCNAI ; AR .'996"11 r01 76 WOODRIDGE ASSOCIATES, 11410 NE 1241H ST 0631. KIRKLAND, WA �i1lRTERcPUTH'.'tie3;106+1.;Q��C�1=}ANE,:;�1NCHuljpGt►'.AK 99ti01-3203: RHODES LOl1ISE .I, 901 HIGHLAND. KENAI. AK 9961 1-80:14 : �1�T�1E:IIi1iH' ;y .Ipd4.13�A0i1 1 Jtlyt?";± ANCFfORAGIi',•'AK:99501 -3203 BAXTER RLJT11 E. 1054 BEECH LANE. ANCHORAGE, AK 99501 3203 ;4xtFR.:0UTH- E.; 1044;:OE443Ii.1,ANE; ANCHORAGO, AK 99901••3203 BAXTER RUTII E. 1054 BEECII LANE. ANCHORAGE, AK 99501-3203 AOTIA _1t01jj; E;:•J054:BEgt;H: LANC;,• ANCHORAGE;. AK 09501 -3203 AMERICAN LEGION POST 20. PO BOX 1044. KENAI, AK 99611 1044 :J!1eiRtCAN 4�(iltfjJ,p��fi:gyp:>:[lOX:;fO;+f:.kENAx :AK 99t,11=1Q44' AMERICAN LEGION POST 20. BOX 1044. KENAI, AK 99611-1044 €.At41kp�CAN:.��QioN past•_ k .pb":QOx' 10441.;KENAI,, AK 99611- 1044':w, NYCE GEORGE A & ROBERTA K. 935 CETACEA, KENAI, AK 99611-8704 €1�Y��_:gEaa�t;�.R.�:•Nd9�R1r�:K,:.sR� CQT11C��: K�NAIl;.AK ;19611-87�4 -BURN JOHN T. 1012-E.9TH AVE, ANCHORAGE, AK 99601-3830 `1i411ti( ?dO!21=PH ;ALAdbR:'EYAL#11,G�NERAL' OEt.IVERY r KENAI, AK 996-11 '9 REESE WADE 6 DELLA L. P 0 BOX 141086. ANC;IORAGF, AK t19514-10 ijQ11404,1; TT 014 0-0 KPiT11WY"-:A-'j PO• f1Ax:'60@: KENAI, •AK- 9-3611.OG98 FEW INVFSTMENi COMPANY, C/O B L BRODERICK, ANCHORAGE, AK 965 'Ft)MRDL1EriflDNAS'it_%-'KATI49YW :pQ;:FiOX= h98,-KfNA1�; I11C'• fl611-b69$ TOMRDI E THOMAS -1 9 KA tHRYN, PO BOX 65l81 KENAI, AK 'J96- 1 _ OG98 m n: IL DATE - 02/28/95 KENAI PENINSULA BOROUGH ASSESSING DEPARTMENT ONE LINE ASSESSMENT ROLE p,r-vr1-II uo 30 7,200 O 0: I ljo7t` Ia.: of,•'•i:e ,-3C'--•.• . 12.806.... o 47 -071- 13 00 90 3.400 O 13.305 147.071;:14 : 00 ;.::.: 90 .;,.::.: •. •.4if0Q r;i.-::- -.-:. 0:= -::1inoi:.'d 147-071- 15 00 90 30.800 0 0! 47' 071111I bQ-=.'.ao.-.a-:..:. a313oo ::...- �=-. 147-071-17 OO 30 10,831 131,170 162' 14'I-Q71 ;iB . 1tCt•::•-: 30 •;_:• -:: - -'QIAO:? e. ... � .�- i) . �+-b: 14 7.071- 19 00 30 1 1 , 700 O 47 -07 1 -2 1 30 30 100 0 0) 47!-911-!92 ....:. : 1.:�00 .0 • . 47-071-2C1 00 30 7.Goo o 01 4 �: ••=i': 47-07f-25 00 30 5,200 0 0. �12.400 1 47.071-27 GO 30 o a N1.`�y1�2A i:.:30!...t.14 i Oi 47-072-02 00 30 7.700 0 �7=11?3sV•'t 47-072-04 -04.:..: -31! 00 ....... _ := :10 9.�0p: ... _ .- 4. ...:- .:�:�� 9.900 741.795 O 11 072'09=:.GO rr� Ilp: �:,: ..=-11.00o::.1� 47-072-06 17 Q7$rC11 00 -oa :_;:_ 1_gQ-.:'..i 30 ;'- 14.400 1.433 8.422 7;-(373.01J 11Qi��i : 30 .: .:: tA0 :•;. ::: [� "• :i:'-i:ii!:l�I 7-074.02 00 30 400 O 0 1-074•-09 7-074.04 : Po 00 30 400 0 0 1 ilO74: 05 ° no-. 30 ::.: :400 0 7-074-06 W 30 400 0 0 Z-074-07 :' 00:..:� .10. 7-074-00 00 30 650 0 0 L=074M1-1-;- iJb::-:a.30 ::..._ 28.20Q, !--i-- 0 73. 4Lt 7-074-12 00 30 35.000 r1 as ann .1--lio1-9r7:•:iVLT_.;::..�V.li:'.:i.ii:• :. 009 .': c:= - _Q .- c'iaf 47-081-02 00 30 200 0 47.081*04__ :10 -.--.Jo Z00 : •. ._ 0 147-081-05 00 30 '00 0 47-qq t -Oq-: 30 ..: qo °-.':- :. .: • �.;. 47 -OR 1 •07 30 30 .1 100 0 0 47-081-09 30 30 100 0 ... • •_._. 00 30 30 0 eitoo._. - 47-082-02 30 30 100 0 47'08*-Q1_= 30 • - 90 ICO'- 0 47 003-03 00 30 150 0 47 OR 00 30 PAGE 219 STANFORD LONZY L d BEATRICE, 507 OVERLAND KENAI, AK 996t1-E e@1-1 ¢�� Xx v POPPIN NICK JOHN TRUST ETAL. PO BOX 702, KILAUEA HI 96754-( ��II�t11Ys'%i�f�IS�I�I�[��9il�Yai�ls.1!i1i>���:��K4�:'•af-b� � FI.CI;�:Al1EA 3;:�� >�6`�Ei� i HEE(N�R�YR}[O�N•tALD bL�yBgJEANN ANN. [H�Cy 1 BOX 333A4,prSrT}E�,RLING, AK 9967: i�:l�lFria`!(f:El►:�4i�?SCi�}(i7k81�1�P;7f:.iYlPlt 1¢ t-� ANDERSEN HAROLD R. 245 SENZ RD, SEOUIM. WA 98382 8204 KENAI CITY OF. 210 FIOALGO AVE STE 200. KENAI, AK 99611 775( il 14 gl qdl .QRKi�t' <t l `e4 4N Hitt x �t,A1:?t:� 511v 3t FF E V INVESTMENTS. C/O y�`d'i' 6sRODEERIC�K. ANCHORAGE AK 9e95p0 g 1- g21 71 NI'14IIIAo"{ oft'. 00,4{r'.ti00�VIR �<�!�s �:�'�str.:�t'�.tfYk`f 3; JAHRI6 WILL J. BOX St. KENAI. AK 99611-0051 MILLER JOAN N. 14231 SUNVIEW DR. ANCHORAGE AK 99515-4135 KEOHANE COLLEEN E. PO BOX 351a. KENAI, AK 9961t-3518 AIV(C�llyK BAKER DON V. 1013 ALASKA AVE #53, KENAI AK 99611-805r2 M��€ `t ii)igl l �►11l fi plldl d ?x:s'1 ,1�t. la dN Nfi NC►1.r: Iti `aR<k PETTERSON RALPH J & JUDITH, 1007 MISSION AVENUE KENAI, AK S 1;�311�'�Il��illl$P#f'3114tlE-� Al4tOj.1'11g: BAY ARMS APARTMENTS, PO BOX 1024. KENAI, AK 99611-1024 WEBBER CHARLES R. 1824 FOREST PARK DR. ANCHORAGE AK 99517-1 i► �4 ii fA►� 1> I?>I 1 111311 Y 1 Al rl�g ldf 4t+�6 t -xl: : L1'. DSBO THOR T A BAGGY THELMA 611 W 11TH /B, ANCHORAGE. AK 99E DyEV�ILLLE gH�UEEYu. jPOp yB/O�yX� 1/3�r6.pwM�ONRgOEE, LA 71210-[0� 136 u f7i�:.4fkY.YF3!3:7'NliL4.1.t1Y1xF.Y£ISR731oli�i�,,,•�i,.N'���,;`J„,�I1Q..,:i11%-%�i. MCCANN BILLY A BOX 223. KENAI AK 99611 0223 MYSING PETER F. 606 PETERSON WAY_ WPNAI AW aoarl_annl PORTER MORRIS L 8 BERTHA J.'PO OOX 7139, NIKISKI, AK 99635- �II~�����I��4?C�z:�:'I����'�l��i�Q��:��1�..�11`�`:�Oil1-rK�Na�t::A�:.�as��, WILSON VIRGINIA M. 1241 BILLUP ST...Ce CLARKSTON WA 99403-2 Yr�QfKiNAY islA�r g9i t -'txs KENAI %CITY OFF...• 21■y0■}♦rFIHDpAyL�G.jO:i AVE �SrTyFE 200, KEE�NAI. AK j9{j966■1i1-775 e'f JP� ItENl1� ]•lK 7�Or 1 � ��'�6 KENAI CITY OF. 210 FIDALGO AVE STE 200, KENAI. ? .�AK 99611-775 Igoe:X' l4ntA►tn!K>`ii1 fr�75 XEN"-CITY- OF-,210-F-I0ALG0-AVE STE 200 KENA tT-AK 9961 1-775 KENAI CITY OF. 210 FIDAL60 AVE STE 200, KENAI. AK 99611-775 .77>?! WEBBER C R ET AL. 1824 FOREST PARK DR. ANCHORAGE, AK-995f7- i'afiEe.IxiHiR1uA�±Ntbsieo <e, ,14ee: PECK _BRIAN_L_A NANCY J. BOX 883. KENAI. AK 99611-k 05 30PM 1101 R111111111) TO: FAX #: FROM: GSTN is a Parrnerahip Of NOW Wr....r..r.r -7-om Y nan nlYLLn qv^T/2S3 -3ot4 Wcolis G TIONS OUR FAX #: (214) 716-5477 Pages(s) Including Cover Sheet If any of the pages are unclear or missing, please call 1(800)284-4786. Thank you. Comments. • A4,re 15. 4- E_ ^-�nrmtom•do we cU-5c=.)SC4 p ,ti n It ?02 Your community has been selected for an dxciting opportunity. Local governments with a service population of 5,000 or loss are eligible for this sp cz1al offer. Invest now in GSTN at our Bazar camz=zmjjypsck890 annual rate of $19560,00 and receive the July and August 1994 Issues at no charge (a $960.00 total discount). By taking advantage of this ommu com ummit3 r package with the Included back Issues, you will have the following complete series; CUSTOMER SERVICE A 2 PART SERIES The Anatomy of a Service Professional Part One: Professionalism in Practice Part Two: Mastering the Challenges CUSTOMER SERVICE A CASE STUDY Mercer Island, Washington As well as many other important topics... Your GSTN Regional Manager will contact you to answer any questions and to show you how to do more for your government. Due to anticipated response, we must limit this Offer to the first 100 new members. 04-13-95 5,33PM Cn�reM��l ��r�lu• TN��I�I�e MN��rY 5+ qn fare auioscr t P�On tv a1.4 /,j►j054-1 Subscription Agreement P03 The undersigned Subscribing Organization (the Subscriber) agrees to receive the Government Services Television Network (GSTN) upon the following terms and conditions: 1. SeivIces. Subscriber will receive GSTN's programs concerning local government training, news and Information. 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Tcxas 75006 - 214-716-5475 • 800-284-4786 - Fax 214.716.5477 PO4 GSTN - April 1995 Summary of Programming Leadership Spotlight - SENCHMARKING Citizen demand and competing priorities are forcing local govemments to look at new ways of measuring the effectiveness of programs. Multnomah County, Oregon has adopted the use of benchmarks to measure the effectiveness of their service delivery systems. Benchmarks are powerful tools used to focus a government's efforts for long- term results and to create partnerships to solve problems. They provide quantified targets for specific, quality of life conditions desired for the future. Multonomah County's benchmarks are aligned with the State of- Oregon benchmarks and the community benchmarks adpoted by the Portland -Multnomah Progress Board creating a basis for intergovernmental accountability. Benchmarking can become an important toot for any local government that is seeking real community -based consensus to address the priority issues and needs facing their community. Training Track - MANAGING MOTIVATION THROUGH COACHING In the last Training Track segment, GSTN looked at four tools and one of three approaches to managing motiviation. This month Training Track focuses on the second of three approaches; managing motivation through coaching. Coaching is an interactive process initiated by the supervisor to ensure that an employee who is assuming a new job or a new area of responsibility (or whose performance of a task is poor) has the necessary resources and instructions to do the job successfully. Coaching is a supervisory skill that requires the application of an appropriate technique, or combination of techniques, at the right time. This segment discusses how and when supervisors should consider applying coaching to motivate employees. Human Factor - SEXUAL HARASSMENT IN THE WORKPLACE, PART 1 Sexual harassment has become an important issue for managers and supervisors to understand. Part one of this two part series will discuss the reasons for sexual harassment in the .workplace, the types of sexual harassment, the key to claims and recent case law that local governments should be aware of. Part two will look at employer and individual liability, victim dynamics and climates which encourage sexual harassment, early warning signs and how an organization can avoid making costly mistakes. For this series GSTN interviewed Bettye Springer a lawyer with extensive experience representing public organizations in civil matters. Money Watch - ECONOMIC DEVELOPMENT, PART 2 This is the second in a three part series on economic development. The segment focuses on four of the most common strategies that local govemments can employ. The four general strategies include industrial recuitment, business retention/small business development, marketing your community and tourism. In addition to examining each of these areas, the segment will highlight successful business retention and tourism programs in smaller communities. MEMORANDUM TO: Mayor Williams and City Council THROUGH: Tom Manninen, City Manager FROM: Keith Kornelis, Public Works DirectortE e DATE: April 14, 1995 SUBJECT: Water and Sewer Projects and Grants FOR: City Council meeting of 4/19/95 Attached is a spread sheet that is a very rough estimate of our left over funds on our Thompson Park Interceptor and Thompson Park Water & Sewer Line projects. The DEC grant has to be matched, 50%, with city funds. To take full advantage of DEC funds the city will have to commit our remaining $150,000 of city water and sewer funds, plus come up with another $30,000. (Maybe borrow from the General Fund.) This will give us a total of $472,000 for sewer projects and $750,000 for water (or sewer) projects. We estimate to have $50,000 left over from the already appropriated Governor's Matching Grant after we have purchased the land from the KPB for the new well and constructed the new well casing. The DEC has said two restrooms, Cunningham and Beach Parks, would be grant eligible for the interceptor funds, but the one at the ballfields would have to use the water and sewer line funds. This is because of the water and sewer lines going into the restrooms. Enstar Gas has requested an additional $48,000 for relocating their gas line in Thompson Park. They made a mistake on their estimate. The Administration and Legal Department is still discussing this request so I included it. The grinder pump is for the Section 36 lift station where we have many plugging problems. (Prison items.) The STP expansion is to fill the area between the existing STP and S. Spruce. We have to get a Corp permit. We should start now so the fill will have time to settle before we expand the STP on to this area. Under this scenario, the city will have $73,000 excess funds for sewer project(s), BUT, will need $1,237,000 to complete the water projects planned. This is assuming our legislators can have our left over legislative grants re -allocated. I would request that Council give me some indication that I am heading in the same direction that Council desires for these projects. I will have to submit to DEC a new grant application for each new project. We would have enough funds (using this scenario) to complete all BUT the actual construction of the new wellhouse. KK/kw DEC (left over funds) City (left over W&S funds) Transfer of city funds Remaining W&S funds General Fund Loan? Total Remaining from Gov. Matching Grant after Purchase well land and const. well casing Design & Construct 2 wellhouses and underground pump controls SCADA New wellhouse design New wellhouse construction Water line loops STP disinfection change or PSM 2 restrooms - Cunningham and beach 1 restroom - ballfield Enstar request Lift station grinder pump STP expansion fill Excess (+) Shortfall (-) Legislative Grant Extra funds Additional funds needs Very Rough Estimates on STP, Water & Sewer Projects Thompson Park Interceptor (sewer projects only) 236,000 268,000 - 32,000 $236,000 $472,000 a of set off + 73,000 Thompson Park Water and Sewer Lines (water or sewer projects) 375,000 163,000 + 32, 000 $375,000 +150,000 + 30 000 $750,000 + 50,000 � -1,449,000 +212,000 -1,237,000 E3i30i95 15:34 C T & E *KENAI, ALASKA, USA* 907 283 3014 r7GN AFFORDABLE TOWING Owners: Brian & Mel McKay P.O. Box 1211 Kenai, AK 99611-1211 Tel: 907-283-6141 Fax: 907-776-8085 30 March 1995 City of Kenai Airport Willow Street, Kenai, AK 99611 Attn: Mr. Randy Ernst, Airport Manager Mr. Ernst: y� We are in receipt of a copy of a letter from Mr. James S. Olson, former owner of Affordable Towing informing the City of Kenai that he is no longer associated with the business. His letter went on to state it was his opinion that the new owners, ourselves, were interested in retaining the current contract for the towing at the short term parking lot, Kenai Municipal Airport. This letter is to inform the City of Kenai that the new owners, Brian and Melody McKay are interested in retaining the contract with its current terms until its expiry date. Please accept this letter of our intent to fulfil the current contract for towing at the airport between the City of Kenai and Affordable Towing Sincer I , B n an elody McKay, Owners Avatar Enterprises, dba Affordable Towing games ;)'. Olson I:ncerprises "242 S.W. Salmon Redmond. OR 97756 031 Q3-1 151 City of Kenai 210 Fidalao Kenai, AK 996 11 I o whom it may concern: RECEIVED CITY ADMIN. OF ! ki iv arc:: ". y ;,0 I, James B. Olson, recentl-v sold my business. J &, N Enterprises dba ;`dfordable Towing and Recovenz, to Brian and Melodv iMcKati,. Therefore. I would like this letter to serve as my 30 day notice of cancellation per my contract. The new owners will fulfill my obligations to the contract during this 30 day time period. The new owners, Brian and ivielodv i'vlcKay, would also be vvillin1g7 to fulfill this contract to term, ilthisis acceptable tC) the C_tv. Sincere?y, � - r-5 . l.Sll James B Olson Airport Manager's Report KENAI MUNICIPAL AIRPORT 1995 MONTHLY ENPLANEMENT REPORT Month Era Alaska MarkAir Monthly Totals JAN 5,376 4,194 9,570 FEB 51341 4,007 9,348 MAR 6,439 4,911 11,350 APR 0 MAY 0 JUN 0 JUL 0 AUG 0 SEP 0 OCT 0 NOV 0 DEC 0 Totals 171156 131112 30J268 MarkAir 43.3F. (491 1 ) March 1995 11.350 Total March 1994 . 9.012 Total ® Era Alaska MarkAir Era Alaska: 56.7% (6439) Kenai Municipal Airport Yearly Composite of Enplanements 1983-1994 1983 1984 1985 1986 1987 1988 1989 1990 1991 1992 1993 1994 January 8,073 6,906 8,176 7,491 6,446 5,198 6,578 5,908 8,358 7,958 7,645 8,211 February 7,756 6,201 6,998 6,863 6,400 5,319 5,587 5,327 7,147 7,797 6,851 7,023 March 7,840 6,829 8,138 5,982 5,869 6,268 6,253 6,768 8.457 9,463 7,637 9,012 April 7,722 6,568 8,058 5,859 5,911 5,917 6,012 6,864 8,571 8,627 7,097 7,386 May 7,623 7,591 9,117 7,054 6,209 6,393 6,797 7,875 9,473 8,009 7,781 8,626 June 8,457 8,817 9,670 8,339 7,289 7,342 8,068 9,217 10.818 9,394 9,402 10,600 July 10,498 11,489 12,767 8,639 9,009 8,992 9,753 12,279 12,069 11,684 11,654 12,294 August 9.948 10,904 11,469 8,031 8,484 8,805 9,532 11,135 11,758 11,315 11,375 12,375 September 7,422 8,059 9,220 6,670 6,555 6,537 7,476 9,175 8,557 8,565 9,513 10,653 October 7,547 7,814 8,422 6,080 6,419 6,722 7,441 9,670 8,590 7,813 8,888 10,389 November 7,335 8,482 7,353 6,150 6,345 6,711 6,937 9,867 8,623 7,913 9,083 10,585 December 7,831 8,729 8,542 7,067 6,853 7,192 6,275 8,787 8,422 8,252 9,078 10,535 Totals 98,052 98.389 107.930 64,225 81.789 81,396 86,709 102.872 110,843 106,790 106,004 117,689 Kenai Municipal Airport 1994 - 1995 Lmg Term Pay Parjdng o 9"A Receipts Total Receipts - July 1, 1994 thru April 13, 1995 Parking : $ 58,540.86 4 P 12 , 3 4 Permits : 8,768.94 143 Total : S 67,309.80 Total Daily Average Parking Receipts for 2 8 6 Days - $ 2 0 4.6 9 cTi�il� iai = 9072712851 AAL-600 AIRPORTS DIV ^ April 11, 1995 Melissa and Scott Dinger "The Hanger" P.o. Box 633 Kenai, Alaska. 99611 (907) 776-5520 To: Mr. Randy Ernst, Manager- Kenai Airport. Dear JIr. Ernst: Please view this letter as our formal inquiry about a possible 1 to 5 year lease of the space now vacant next to the rental agencies. As you requested in our brief meeting, this letter is required by you to be brought before the other members of the _-airport Advisory Board and then on to the city council. Our intentions are to bring in an Espresso stand and offer the finest in Espressos, Latte's and Cappucino's. We have the background in small business operations as well as the equipment and support group ready to begin business in the spot as soon as it becomes available. We would like to meet «vith the board and discuss anv and all issue's about our endeavor. Furthermore, if there is anything we can do to expedite the process of becoming a tenant in the space please, by all means feel free to contact us. 1�4spectfullv, 1 OCott D. Dinger CITY OF KENAI Od eC41t24 4141 it 210 FIDALGO AVE., SUITE 200 KENAI. ALASKA 99611-71, TELEPHONE 907-283-7535 FAX 907-283-3014 DI%mril ,IIII� April 12, 1995 Melissa and Scott Dinger "The Hanger" P.O. Box 633 Kenai, Alaska 99611 Dear Melissa and Scott: Thank you for your letter of intent and request for commercial space here at the Kenai Municipal Airport Terminal. However, the current lessee of the restaurant has an exclusive contract with the city to provide a food and beverage (non-alcoholic) concession in the terminal. Your request for an espresso stand would be in direct completion with the restaurant and cannot be considered as a viable request. The City appreciates your interest in leasing space in the airport terminal and would encourage you to bid on the restaurant concession when that lease expires on February 28, 1997. Sincere y, Rand Ernst Ai port Manager INFORMATION LIST Kenai City Council Meeting of April 19, 1995 1. 4/5/95 Council Meeting "To Do" List. 2. 4/13/95 LH letter to Sharalyn S. Wright notifying her of the Planning & Zoning Commission's revocation of Bed & Breakfast Permit. 3. 4/10/95 Dept. of Army letter regarding permitting of mooring buoys in the Kenai River. 4. 1995 Lease Renegotiations. 5. 4/4/95 KK letter to Governor Knowles supporting the $20,000,000 Municipal/Unincorporated Capital Matching Grants Program. 6. 3/95 Resource Development Council, Inc., Resource Review. 7. 3/9/95 Kenai River Special Management Area Advisory Board Meeting Minutes. 8. 1995 Games of Chance and Contests of Skill Permit Application - Tanaina Corporation. 9. 4/495 Department of Fish & Game letter regarding F&G's Habitat and Restoration Division summer seminars. 10. 4/6/95 letters to Commissioner Conden regarding Multiple - Beneficiary Permit Application/Multiple Charities Association Co-op and Pull -Tab Distributor License Application/Tabs Unlimited of Alaska. 11. 4/11/95 JJW letter to Governor Knowles regarding Retirement Incentive Program SB 137 and HB 270. 12. 4/12/95 KK memorandum regarding new water well. KENAI CITY COUNCIL MEETING APRIL 5, 1995 TO DO LIST ADMIN - Contact the telephone company and request a telephone be placed at Cunningham Park. Prepare bid awards for insurance firms. RAE - Continue with development of four (4) camping spaces at south end of floatplane basin. CLERK - Advertise positions available on the Historic District Board and Beautification Committee. Check cost for placing advertisements on Prime Cable's community news, etc. KK - Bring an appropriation ordinance for the Mission Street survey costs for introduction at next meeting. Offer $1,000 for the trophy cabinet in the Chambers and have it moved to the KBVCC. Get a cost for building another cabinet as requested. SMALLEY - Draft letter to Governor in regard to the RIP bills. CITY OF KENQ,-.,,4D - ►, Gd eapi:W 4414aaf= 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 b9W AF�.Mna� 1III�� i9va April 13, 1995 Sharalyn S. Wright 1412 Barabara Drive Kenai, AK 99611 RE: Revocation of Resolution PZ 91-22 Bed & Breakfast Permit At their meeting of April 12th, the Planning and Zoning Commission voted unanimously to revoke the above referenced permit. Therefore, as of the above date the City no longer recognizes your Bed & Breakfast as a legal activity within the City of Kenai. You may appeal this decision to the Kenai City Council, by contacting Carol Freas, City Clerk at 283-7539. Sincerely, Loretta Harvejr Administrative Assistant Planning Department cc: Cary Graves, City Attorney CITY OF KENAI PLANNING & ZONING COMMISSION �5v ` J RESOLUTION NO. PZ 91-22 J L✓ A RESOLUTI OF THE NNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A REQUEST FOR A CONDITIONAL USE PERMIT FOR ralyn S. Wright, Coyle's Landing 1412 Barabara Drive Located: Kenai, Alaska WHEREAS, the Commission finds: That an application meeting the requirements of Section 14.20.321 has been submitted and. received on: 6/25/91 That this request is located on land zoned: Rural Residential That the applicant has documents that he/she specific requirements existing requirements: a. b. demonstrated with plans and other can and will meet the following and conditions in addition to the 4• That a duly advertised public hearing as required by KMC 14.20.280 was conducted by the Commission on July 10, 1991 NOW, THEREFORE, BE IT RESOLVED, by the Planning and Z ning Commission of the City & of Kenai that the ap�licant has ob" j demonstrated that the proposed Bed r �eakfas meets the conditions required for said operation and therefore the Commission 4oes (d 0*8-ftat) authorize the administrative official to issue the appropriate permit. PASSED by the Plan J,tg and Zoning Co 1 sion of the City of Kenai, Alaska the h day of y 1991. Chairman Rescinded by Planning Commission action est 4/12/95 • /1�A .21 L Chairman T Of 4 � w In Illit M STA7 rs OF DEPARTMENT OF THE ARMY U.S. ARMY ENGINEER DISTRICT, ALASKA P.O. BOX 898 ANCHORAGE, ALASKA 99506-0898 pkL _ f U l i iJ Regulatory Branch Project Evaluation Section - South -- Mr. Keith Kornelis Public Works Director City of Kenai 210 Fidalogo Ave, Suite 200 Kenai, Alaska 99611-7794 Dear Mr. Kornelis: APR B95 j! r o9 W KenBad vl Public Works Dept I am responding to your inquiries regarding permitting of mooring buoys on the Kenai River. As you are aware, the U. S. Coast Guard and the Corps of Engineers determined in 1992 that the reach of the Kenai River from the mouth to about two and one half miles upriver had become saturated for the placement of additional mooring buoys. This determination was reached by the Corps and the U. S. Coast Guard after a joint inspection of the river conditions during the summer of 1992. Accordingly, the Corps has denied several applications to place additional buoys and has not entertained mooring buoy applications for placement within that reach of the river since that determination was made. It is our understanding that the City of Kenai would like for the Corps to develop a general permit for the placement of mooring buoys on the Kenai River, similar in scope to general permit 87-3N which regulates the placement of mooring buoys on the Kasilof River. The application of a similar program for this reach of the Kenai River would necessitate the revocation of all existing mooring buoy permits currently authorized. It would also be necessary to issue a public notice, provide an adequate comment period, and possibly to conduct public hearings. We believe at this time that the normal attrition occurring on the river will, over time, allow less crowded conditions to prevail. That is, by not allowing buoys no longer needed by businesses or individuals to be transferred to new users, the river will become less crowded. Based on the information currently available, we have determined this to be the proper course of action to take at this time. We will continue monitoring the annual placement of mooring buoys on the lower river and continue our coordination efforts with the City of Kenai and the U. S. Coast Guard. Should you become aware of an unsafe buoy placement and a resulting hazard to navigation, please notify the U. S. Coast Guard and this office as soon as possible. We will take appropriate action necessary to correct any unsafe buoy placement. -2- Thank you for your interest in the Regulatory Program. If you have questions or need additional information, please call Ms. Victoria Taylor at 1-907-753-2712, or toll -free in Alaska at 1-800-478-2712. Sincerely, A"A Larry L. Reeder Chief, Project Evaluation Section - South Regulatory Branch 1995 Renegotiations 1990 1995 1995 1995 Lessee Sq. 1990 Per Old 1995 Per 50% Proposed Actual Legal Ft. Appr. Sq.Ft. Rate Appraisal Sq.Ft. Cap? Rate Rate Ferguson, Ed Lot 1, Block 1, Gusty 28520 LITIGATION 114000 4.00 No 6840.00 LITIGATION Ischi, Pete & Val Tr.B & Facility, KSALP 90000 359000 3.99 21540.00 360000 4.00 No 21600.00 21600.00 Bielefeld, Robert Lot 2, Block 4, GAA 30000 28500 0.95 1710.00 34500 1.15 Yes 2070.00 2070.00 Bielefeld, Robert Lot 2, Block 2, GAA 50000 62500 1.25 3750.00 70000 1.40 Yes 4200.00 4200.00 Kenai Aviation Svs. Lot 1, Block 1, GAA 48472 72700 1.50 4362.00 70500 1.45 Yes 4230.00 4230.00 Wagoner, Thomas Lot 2, Block 1, Gusty 26870 94000 3.50 5640.00 94000 3.50 No 5640.00 5640.00 SouthCentral Air Lot 3, Block 1, GAA 62500 78100 1.25 4686.00 87500 1.40 Yes 5250.00 5250.00 Swanson, Ron Lot 7, Block 5, GAA 23330 53700 2.30 3222.00 52500 2.25 No 3150.00 3150.00 U.S. Fish & Wildlife Lot 2, Block 3, GAA 31305 29700 0.95 1782.00 36000 1.15 Yes 2160.00 2160.00 Doyle, James H. Lot 2, Block 3, Gusty#4 20000 16000 0.80 960.00 14000 0.70 No 840.00 840.00 Eichholtz & Pitts Lot 4, Block 1, FBO 39200 39200 1.00 2352.00 51000 1.30 Yes 3060.00 3060.00 Morris, Sid Lot 1A, Deshka Sub. 50372 131900 2.62 7688.74 138500 2.75 Yes 13850.00 10187.58 Polar Equipment Tract C, Kenai Tide#2 126585 29100 0.23 1746.00 37800 0.30 No 2268.00 2268.00 NOTE: 1995 Appraisals -Alaska Valuation Svs., Inc. * FINAL 1995 RATE IS BASED ON MAXIMUM PER 9-7-77 AMENDMENT. RENEG.95 GOVERNOR KNOWLES' PROPO;._J FY 96 CAPITAL BUDGET General Federal Other Total Category Agency Description Funds Funds Funds Funds DCRA Egegik Organizational Grant 50.0 0.0 50.0 1,000.0 GOV ADA Compliance - State Buildings 1,000.0 DOE State Library Electric Doorway (SLED) 383.0 383.0 DOE Post Secondary computer system 1.400.0 383.0 DOA Statewide Satellite Communication Project 300.0 1,400.0 700.0 2,400.0 DOA Statewide Consolidated Data Network 457.5 457.5 REV Computer projects - Permanent Fund Division & 0.0 0.0 636.7 636.7 Corporation Administration Subtotal 3,369.5 1,400.0 5,179.7 8,932.2 MUNICIPAL DCRA/DOA Municipal / Unincorporated Capital Project Matching Grants Municipal Subtotal 20,000.0 0.0 0.0 20,000.0 REAPPROPRIATIONS -,800.0 -2,800.0 Development DOA Repeal Mt. Roberts Marina 1 00.0 1,600.0 University UNIV UAS Residence Hall Water & Sewer to UAS/Mendenhall Back Loop ,6600.0 00.0 Health/Safety Administration DEC DOA Statewide Satellite Communication Project 400.0 400.0 Development DCED Repeal Wishbone Hill EXECUTIVE BRANCH TOTAL -11,538.7 135,634.1 388,649.3 134,760.9 -11,538.7 658,017.3 ALASKA COURT SYSTEM PRIORITY PROJECTS ACS Anchorage Courthouse Completion 2,890.0 ,250.0 ACS Fairbanks Courthouse 4.250.0 4 ,0.0 ACS Computer Enhancement for Civil Area 750.0 750.0 COURT SYSTEM TOTAL 7,890.0 0.0 0.0 7,890.0 f%K- TIn abeh /-o NOTES A4,-c) LX 1) Wildwood facility expansion proceeds are from certificates of participation issued 12/10/92. l GUI 2) Prince William Sound Science Center: pursuing funding from Exxon Valdez Oil Spill Council. 9r�s. Prepared by OMB/DBR 96CAPCAT.XLS 8:16 AM 3/17/95 Page 5 CITY OF KENAI o —� 11 Od CaniW 4 >Q� 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 byl%V11 rr.eaa 'IIIIs ► 1": April 4, 1995 Governor Tony Knowles State Office Building PO Box 110001 Juneau, AK 99811-0001 Subject: Municipal Capital Project - Matching Grants Dear Governor Knowles: The City of Kenai supports the $20,000,000 Municipal/Unincorporated Capital Matching Grants Program you have included in your proposed FY96 Capital Budget. As you can see from the enclosed brochure, Request for State Grants, Water System Improvements is the number one priority for the City of Kenai 1995-96 Capital Improvement Projects. Please inform me if there is anything that the City of Kenai needs to do concerning this grant. Is there an application that needs to be filled out? Thank you for including this program in your budget. Sincerely, -7 --4�4 Keith Kornelis Public Works Director KK/kw cc: Tom Manninen, City Manager IKyor Williams and City Council Regional Retain existing water quality standards /1234g o"ty rates across Alaska could increase an average of 400 APR 199,5 " cent if the state increases the human health risk level L Li ly ED "^F K`, rom 1 in 100,000 to 1 in 1 million. While the benefits `���c'czozEL`� are hardly measurable, the costs are enormous By Becky L. Gay and Carl Portman The Resource DeveiopmentCoun- cil and a broad coalition of businesses, individuals, organizations and local ommunities, are gearing up to defend the state's water quality standards, signed into law in December, but now the subject of a controversial adminis- trative appeal and subsequent public hearings. The Alaska Coalition for Respon- sible Water Quality Management is watching the review process closely and has offered additional science and cost -benefit data defending the existing regulations. The coalition includes the communities of Anchorage, Fairbanks and Juneau, as well as water and waste- water utilities and resource producers, ranging from oil, mining and forest prod- uct companies to seafood processors. The Coalition supportsthe existing regu- lations and believes they ensure pro- tection for Alaskans without placing un- A change in the Alaska water quality standard risk level of 1 in 100, 000 to 1 in i million and/ or a loss of mixing zones would drive dischargers into advanced metals removal for wastewater. In Juneau, utility rates would increase by 293% with customers paying an additional $138 per month for sewer service. See page 5 for rate impacts across Alaska. (Photo by Carl Portman) necessary and overwhelming restric- tions on development. Department of Environmental Con- servation Commissioner Gene Burden re -opened the water quality issue in response to a petition filed bythe Sierra Club Legal Defense Fund (SCLDF). The environmental law group is seek- ing to repeal or suspend five provisions in the regulations: Human health risk levels, mixing zones, treatment works, sediment and petroleum hydrocarbons. Hearings on the regulations were held in Anchorage, Fairbanks and Juneau in March and the public comment record is open until April 19. SCLDF had threatened to sue to block the regulations. but the Knowles administration convinced the group to pursue the administrative appeal route. Under the administrative appeal, the regulations will stay in effect until the issues are settled. Burden emphasized that DEC's decision to re -open the regu- lations to further public comment does not mean the state is ready to sign off on the petition. Sections of the regulations to be re- opened are limited to the five areas challenged in the petition, but DEC in- tends to use the review period to pro- pose an anti -degradation provision, which was not a part of the regulations. (Continued to page 4) Presioent Dave Parish presents GovemorKnowles with a "First Barrel of 0 plaque at RDC's 20th Anniversary Celebration. Govemor Knowles was the Keynote sDeaKer. rCar1 Portman ohoto) 20 years later some things have changed, others haven't The Resource Development Council (RDC) is Alaska's largest privately funded nonprofd economic development organization working to develop Alaska's natural resources in an orderly manner and to create a broad based, diversified economy while protecting and enhancing the environment Executive Committee Officers President..................................David J. Parish Sr. Vice President ......... _..... Elizabeth Rensch Vice President .__.--_-Scott L Thorson Secretary ...............................Lyle Von Bargen Treasurer .............................. .-Allen Bingham Past President .........................James L Cloud Stan Executive Director ........ L............ Be* L. Gay Communicates Director ....... Cart R. Portman Special Assistant/Finance .......Judie Schneiter Projects Coordinator ...... _--Ken Freeman Staff Assistant ............:..:::.:.....Penny Booher Resource Review is the offidal monthly publication o1 the Resource Development Couini 1. RDC is located at 121 W. Fireweed, Suite 250, Ancirmage, AK 9W, (907) 276.0700. Fax:276,=17 Material in the publication may be reprinted without permission rovided appropriate credit is given... ": YMttier A Edlbr u CarLPoArrrart� � - GCIU =rIIC Page 2 / RESOURCE REVIEW / March 1995 Editor's note: The following are ex- cerpts from President Dave Parish's comments at RDC's 20th Anniversary banquet, in which he reflected on sev- eral newspaper accounts in The Anchorage Times from 1975. the year RDC's roots were planted as OMAR. the Organization for the Management of Alaska s Resources. "BOWL CONTESTS ON TV - Fanati- cal Anchorage football fans. your ship has come in. On New Year's Day there will be nine — count 'em nine — hours of live television coverage of major bowl games." (12/31/75) It seems like along time ago that we didn't have live TV in Alaska, now we take it for granted. "KBRW GOES ON THE AIR - The nation's newest, northernmost radio station, KBRW, in Barrow has begun broadcasting just in time for Christmas... To conform with Barrow habits. the station will sign on at noon and off at midnight." (12/31/75) "FIREWORKS DISPLAY CALLED OFF - There will be no fireworks display tonight on Stuckagain Heights to wel- —I—Ii t iILII..IGCU LIIC VUVCIIIVI, d11U most everyone criticized them both. Public criticism has run so high at times it seems that if voters knew then what they think they know now, few mem- bers of the cast of 61 would have been sent to Juneau in 1974... Money i� re to be the biggest problem faci, e state in the coming year. Like its resi- dents in these inflationary days, the state suffers from the common malady of not having enough to go around. The --roblem, though, for the state is much Norse. It doesn't have to come up with ust a few collars more, but a figure -note like a couple hundred million." 12/30/75) Sound familiar? "THE PERMANENT FUND - Some leg- siators are intent on winning enact- ment of some kind of law that will pro- vide Alaska with an endowment fund for the use of future generations. They deserve every encouragement... In handling revenues from the sale of depletable resources, it must be re- membered that the present generation has done nothing to earn the right to dissipate them without regard to future Alaskans." (12/31175) "GROWN UP BINKY PERFORMS THIS WEEKEND - Binky is growl 1. The Alaska Children Zoo's polar _ar cub has passed the 200-pound mark and is still growing. Thrilled at having an audience for which to perform this week- First Lady Susan Knowles and the Governor chat with Alaska's "first" First Lady, Neva Egan. RDC Past President Chuck Herbert and Vice President Scott Thorson enjoy the conversation. (Randy Lissey photos) RDC Past President Joe Henri. President Dave Parish and his wife, Ingrid, visit with the Knowles. Becky Gay receives a plaque forheroutstanding efforts in advancing responsible resource 1975 - Resource Development Council - 1995 A History of Shaping the Future 20 Year Ann iversary 460 friends help RDC celebrate 20th Anniversary in Anchorage photo) Governor Knowles toasts RDC's past presidents Jim Cloud, Paul Gla vinovich, John Rense, Joe Henri, Pete Nelson, Shelby Stastny, Chuck Webber, Tom Fink, Boyd Brownfield and Chuck Herbert. Not pictured are past presidents Robert Fleming, Robert Penney, Mano Frey, Lee Fisher and Bill Schneider. Joe Henri recognizes long-time board members Lyle Von Bargen and Rex Bishopp for their outstanding service to RDC, as well as past executive director past President Jim Cloud and Dave Parish development in Alaska. (Carl Portman photo) Paula Easley, at upper right. Y PP 9 reminisce on "Ten Most Memorable Moments" at RDC. (Carl Portman photos) end, Binky has been putting on a big show with his water pail pipeline, the capital site. Native land claims, telecommunica- and other handy props... In this photo, the Zoo's director, Jim tions — all passed through the year untouched by sure Lund, wrestles with Binky as he has since the orphaned cub solution... One is reminded, at year's end, of the spirit of Joe was adopted... How much longerthe friendly wrestling will be Redington. He took off from Knik early in November for a four - able to continue is questionable. But it is sure that Binky will hour flightto Galena and showed up at the Nenana airport six remain a favorite attraction at the zoo." (12/31 /75) days later. He had crashed — not once, but twice. Alone, he spent two of those days without food as he patched the old "1975—AN OIL YEAR FOR ALASKA -The year began with airplane and winched it over a 12-foot bank for a make -shift an exclamation point... It ended with a question mark. It was takeoff on a lake. Finally, at Nenana, he smiled and went to a time that seemed to supply more questions than answers, visit a friend." (Anchorage Daily News. 12/31/75) leaving at year's end many of the major issues unresolved. Yes, some things have changed, others haven't. The 200-mile limit, medical malpractice insurance, the gas March 1995 / RESOURCE REVIEW / Page 3 RDC urges ADEC to reect petition, retain water quality standards (Continued from page 1) The water quality standards are used as a basis for limits in wastewater discharge permits issued to industries and local communities. The existing standards were the product of an in- tense. five-year public process which included 12 public hearings, two state- wide teleconferences, two public com- ment periods running 213 days and three two-day meetings of a State Wa- ter Quality Standards Advisory Group. The regulations were signed into law in December. but shortly after they be- came effective, the environmental group's petition was filed. RDC members were very active in the prior round of hearings and testi- mony. The public record clearly showed widespread support for the regulations. RDC believes there should be some finality to the regulatory process and has told Commissioner Burden that af- ter all the effort expended by all sides in this debate, it seems unreasonable to go through the process again. Compounding the water quality is- sue is the historic decision to classify all waters in Alaska to the highest use. namely drinking water and aquatic life. regardless of activity or reality. Due to the lack of money to sample, character- ize and classify thousands of waterbodies. the state made the most stringent choice, creating some strange regulatory situations. For instance, taken literally, if you poured a glass of drinking water from most Alaskan communities into a natu- ral waterbody, you would be violating current discharge standards. RDC is distributing briefing papers on water quality for those who want more detailed information. Here are summaries: Human health risk: The present Alaska standard is 10-5, which sets the risk level at 1 in 100,000. In this debate. risk is calculated from an array of vari- ables and reported as the potential chance of getting cancer from some source. namely ingesting polluted wa- ter or fish. (The statistical risk of dving from cancer in the U.S. is about 1 in 4. or 25, 000 per 100, 000.) Because of the conservative as- sumptions used in risk assessment. the actual individual risk for most Alaskans s much lower. since people move from place to place and very iittle fish they eat are contaminated. Here's the catch: the 1 in 100,000 risk level is based on people eating contaminated fish for 70 years. Moreover. the contaminated fish would have had to spend its life at an industrial or municipal wastewater outfall — an unrealistic assumption. While the risks are estimated. the costs are certain and will either be borne by the taxpayer for upgrades to public sewage systems. or by the consumer for upgrades to industrial systems. The Municipality of Anchorage estimates that sewer utility rates would increase 407 percent if the State increases the human health risk level to 1 in 1 million. The average utility rate increase across Alaska would be approximately 4000%. Those advocating the stricter 1 in 1 million standard reflect a broader pub- lic perception about risk. This percep- tion demands that large amounts of resources and attention be devoted to alleged dangers that are speculative and small. This is particularly disturb- ing in light of the fact that in Alaska lack of rural drinking water and sanitation systems pose the greatest threats to public health. EPA gives states discretion to set risk levels between 10-5 and 10-7 (1 in 10 million). But, local communities. utilities and industries say the higher risk stan- dard of 10-6 (1 in 1 million) is impossible to meet, noting that states with the higher standard are granting adminis- trative exemptions in discnarge permits Alaska standards: technologically achievable and economically feasible RDC ,ages its members to write comments supporting the state's water quality standards. which took effect in December. Submit comments to: Water Quality Management Section, AK Dept. of Environmental Conservation, 410 Willoughby Avenue, Suite 105, Juneau, AK99801-1795, orfax to 907-465-5274. ACTION Main Point: • Urge DEC to retain the existing water quality regulations and reject the petition filed by the Sierra Club Legal Defense Fund. Other Points: • The existing regulations affor sufficientlevel ofprotection forAlask without placing overwhelming restrictions on development. • The 1 in 100,000 risk level adopted by DEC protects human health appropriately. • The mixing zone provisions are critical for communities and industries. • The newly -adopted Treatment Works definition is necessary for all Alaskan municipalities and industries responsible for waste treatment. itshould be retained as adopted by the department. • The petroleum hydrocarbons, oil and grease standards adopted by DEC are a good first step toward resolving concerns and should be retained to serve as a starting point for discussions to be held during Phase 11 of Water Quality Standards Review. • The proposed antidegradation policy should be withdrawn from this process and should be included in Phase ll of the state's triennial review process. Please write a brief letter today. 'It ie opposition has launched a major campaign demanding that the current regulations be repealed. Page 4 / RESOURCE REVIEW / March 1995 fl' /1 r, ,r,1:4 :11" Utility Current Revenue Requirement Current Sewer Rate Tvpe of Treatment Capital Cost for advanced treatment Additional Revenue Requ7reo' for advances treatment Percent Rate P r o I e c t e d Increase Monthly Rate Anchoraae 322.607.000 S21.65 Primary S346.807.000 S91.941.000 1. 407' I S109.70 FairbanKs 6.370.000 24.45 Seconaary 54.948.000 16.845.000 1264°_ 89.11 Juneau -1.149.000 35.35 Seconcary 40.380.000 12.145.000 293` 138.83 Kenai 850.000 41.00 Seconaary 11.244.000 2.745.000 323`, + 173.47 Ketchikan 1,296.000 24.15 Primary 36.133.000 7.431.000 573=o 162.62 Kodiak 1.633.000 32.20 Seconoary 22.170.000 6.270.000 13840c 155.83 Nome 533,000 32.00 Secnndary 7.602.000 1.570.000 295`� 126.26 Sitka 1.033,000 24.00 1 Primary 33.726.000 6.843.000 662--; 182.92 "Includes debt service (1000 of capital cost) A change in the Alaska water quality standarc rsic level of 1 in 100,000 to 1 in I million andiora loss of mixing zones wouid drive dischargers into advanced metals removal for wastewater. The construction and operation of advanced metals removal facilities are extremely expensive and the technology generally unproven. because dischargers simply cannot comply. The existing 10-5 standard al- ready requires sampling accuracy for some constituents beyond the limits of testing equipment; in many cases this standard is ten times more stringent than naturally -occurring background levels of various substances in state waters. Mixing zones: Municipalities, as well as industries, including mining, tim- ber, fish processing, and oil and gas rely on mixing zones. Mixing zones enable a discharger to use the natural assimilative capacity of a receiving water while satisfying water quality regula- tions in a feasible. safe and cost-effec- tive manner outside the zone. Mixing zones are a legal provision recognizing standards can be accommodated within a predictable and acceptable distance from the point of discharge. Allowing mixing zones is an essential regulatory rule for site -specific situations. The new standards provide comprehensive re- quirements for extensive analysis prior to DEC authorization of fresh water mixing zones and prohibit mixing zones in certain circumstances. These regula- tions are significantly more restrictive than the previous regulations, and re- pealing them would be a step backward. As an example, elimination of mix- ing zones in Cook Inlet would require a zero discharge of process waters, af- fecting fish processors and Cook Inlet communities, including Anchorage. For the oil and gas industry, estimates of it does not make sense • It does not make sense for water quality standards to be so restrictive that discharges I must be cleaner than natural water. • It does not make sense for Anchorage to spend nearly $350 million to construct an advanced metals removal facility to remove one pound per day of arsenic, at a cost to Anchorage ratepayers of $110 per month, when KnikArm contains over 10, 000 pounds of natural arsenic that has no impact on aquatic life. • It does not make sense to establish more restrictive limits forAlaska than EPA recently recommended as being necessary for protection of people around the Great Lakes. • It does not make sense to blindly follow the bad examples set by Idaho, Washington and Oregon who adopted 1 in 1 million risk limits and now have a convoluted permitting process because no dischargers can meet the limits. the cost of reinjection of the process waters is over $50 million. According to Wylie Barrow, General Manager of Unocal, the Trading Bay Field and McArthur River Field would be prema- turely abandoned, resulting in the loss of 875 oil industry and service company ;obs, $87.474,300 instate royaltyand taxes. and $581,000,000 in gross revenues. Hydrocarbons. oil and grease limits: In the general sense, petro- leum hydrocarbons and oil and grease are just as they sound to the lay person. For regulatory purposes, it gets much more complex, looking at the individual components that make up the hydro- carbons, oil and grease. The existing requirements adopted by DEC limit hydrocarbons to those that would pose significant potential environ- mental impact. More sensitive detection and reportina limits are included, and the numeric criteria for hydrocarbons remain the same as in earlier regulations. Essentiaily all waterdischarges are affected by the hydrocarbon limits in the existino standards. If standards become even stricter. everystormwater or municipai discharge (without a mix- ing zone) will be in violation. The cost of compliance would be exorbitant with minimal environmental improvement. Enforcement will be costly and selec- tive, since even small boat harbors will be out of compliance. Treatment works: Water -borne wastes may, in some cases, be held in constructed "treatment works" for pur- poses of treatment and disposal. Treat- ment works may include mine tailings impoundments, sediment settling ponds, sewage lagoons, cooling water ponds. landfill containments and other waste treatment facilities. Treatment works in natural water bodies are pri- marily used four ways throughout Alaska. (Continued to page 6) March 1995 / RESOURCE REVIEW / Page 5 Alaskans must understand implications, costs and benefits of water quality standard:. (Contmueo from page 5) • Village treatment systems: `/il- lage systems commonly use nearby lagoons or ponds for naturallv aeratea treatment. If natural waterbodies or impoundments in natural drainages could not be used for treatment works. approximately 30 to 50 small wastewa- ter treatment systems in the state may require modification to more complex mechanicai treatment systems. Capi- tal and operating costs for more sophis- ticated mechanical systems in Alaskan villages nave proven prohibitive. -Storm water runoff: Treatment of stormwater runoff by use of detention ponds for municipal. other governmen- tal and industrial sites is a common practice. The practice is identified by the Environmental Protection Agency and by most state regulations as the best management practice (BMP). Treatment of stormwater by other means is normally not economically feasible. • Mining: Uses treatment works in the form of settling, sediment and tail- ings ponds. • Fish processing and hatchetysys- tems: Both discharge untreated wastes into water bodies designated as waters of the state or the United States. Urban and rural Alaska face differ- ent options and costs for complying. For instance, the Municipality of An- chorage estimates capital construction costs of $347 million and ongoing op- eration and maintenance costs of $92 million per year for complying with the proposed changes to the water quality standards at the city's major treatment works. The monthly user rate would increase from $22 to $110. In rural Alaska, the cost of installing a mechanical system is estimated to be between $2 million and $10 million with operating and maintenance costs run- ning between 5200.000 and $400,000 annually. Cumulative capital costs for treatment alone could exceed $900 million with additional annual operation and maintenance costs exceeding $20 million. Sediment: The recently-adccted sediment stanaard relies on a combi- sation of settleable solids and turbidity To reguiate sediment loads. The stan- 'lard aiso provides for the use of a simple. recognized field proceoure to measure settleable solids. Rapia de- ,ermination of discharge quality can be ,jsed for control of treatment and dis- charge timing. 'Nithin an hour. a ais- charger or an agency can determine compliance or violation of a standard. versus an alternative method which ,vouid require *nree to four weeKs of aboratory anaivsis. Anti -degradation: Since this was not part of the years of public hearings and other work. RDC believes this im- portant aspect deserves more study and consideration and should not be -eld to the same administrative time line s the adopted reculations. Many people are confused. for example, about the differ- ence between anti -degradation and "anti- oacksiiding," which have important distinc- -ws in the regulatory arena. RDC supports the current water :ivaiity standards. which are the result of years of work. discussion, debate and testimony. RDC was one of many groups which spent many hours with its membership, the public and the Admin- istration working to shape water quality standards wnich are technologically and economically feasible for Alaska. Shouldn't we give them a chance to ,York? editors Note: Briefing packets on this ssue are available at RDC. Call 276- 0700 for a copy. RDC issue briefs Salvage timber bill advances Legislation that would change state law to aiiow ioagers auicker access to trees that will lose substantial economic value due to disease or+ire, nas passea the Senate and at press time was moving to Governor Tony Knowles' desK. pending House concurrence of Senate changes. RDC supports HB 121. known as the salvage timber bill. RDC believes the bill will serve as a vital forest management tool to neip manage dead and dying forest in Alaska. HB 121 would give DNR the ability to accelerate its timber sale program for insect -damaged trees. The state currently is required to list targeted stands on a five-year plan for at least two years before timber can be offered for sale. Even if the timber is threatened with disease or infestation the wood can't be sold and cut. The legislation would allow the DNR commis- sioner to waive the two-year requirement after determining a particular stand of trees is likely to lose substantial value if not cut within two years. Time is a critical factor in harvesting dead or dying timber and reforesting infested stands. HB 121 would allow the private sector to respond in a timely manner to harvest dead trees and reforest infested areas before the trees deteriorate to an uneconomic level. After about two years of spruce bark beetle infestation, there is insufficient value in the forest to meet the costs of reforestation, as well as the costs of the sale and the infrastructure required for harvests. In response to misinformation on the bill. RDC noted that HIS 121 would not e t salvage timber sales from public review nor eliminate public planning for land- A resources. Moreover. HB 121 does not exempt timber sales from reforestation provisions of existing state law. RDC urges its members to write the Governor in support of HB 121. (Continued to page 7) Page 6 / RESOURCE REVIEW / March 1995 Alaska's future and the new Congress It is now r-ore than 25 vears since the discovery of ci at Prudhoe Bay. During these years A askans nave seen remark- able social ano economic changes. The adoption of the Aiaska Native Claims Settle- ment Act in 197' empowered Native people and placed mcre than 40 million acres of land in private ownership. The initiation of oil production in 1977 was followed by the establishment of the Permanent Fund. For years oil has crovided the State with 85 percent of its revenues for developing infra- tructure. providing people with opporu- -ty ano funoing a wide range of educa- '^on ano social welfare programs. But. the focus of national attention �)n Alaska nas also led to very real con- straints on our ability to make decisions about our future. Second guessing by `ederal agencies on matters of concern 'o Alaskans nas grown. At the same time. national environmental organiza- tions have sought -- too often success- fully -- to impose their values and their RDC issue briefs Wetlands resolution passes Legislature The Alaska House and Senate have passed HJR 27. a resolution requesting Congress to accommodate Alaska's wetlands circumstances in the reauthorization of the Clean Water Act by increasing statutory flexibility on wetlands use in Alaska. The resolution requests Congress to exclude Alaska from a "no net loss" poiicy associated with the Clean Water Act and to amend the federal act to modify the federal wetlands regulatory program. The resolution specifically asks for flexibility in Alaska wetlands permitting, commensurate with the large amount of wetlands set aside in the state and the :ow historic rate of wetlands loss here. !t also asks that restrictions oe relaxed on the use of wetlands in Alaska. RDC testified on the resolution before the House ano Senate Resources Commit- tees last montn and coordinated an effort to convince the Legislature to act favorably on the resolution. Copies of the resolution will be sent to President Clinton. as well as leaders of the U.S. House and Senate. RDC. through the Alaska Wetlands Coalition. is working on several bills in Congress on water issues critical to Alaska. Comments needed on Lease Sale 149 Outer Continental Shelf oil and gas Lease Sale 149. covering federal tracts in lower Cook Inlet, has drawn strong opposition from environmental forces. In response to environmental concerns. tracts immediately outside Kachemak Bay were removed from the sale in 1992. Another big cut in the sale was made last year when Interior Secretary Bruce Babbitt withdrew waters in Shelikof Straits. RDC supports the lower Cook Inlet sale, noting that if industry is to explore for and find new fields. access to new acreage is necessary. The oil and gas industry has a 40-year history of operating in the upper Cook Inlet. Government studies show no adverse environmental impacts from those operations. The oil and gas industry is closely monitored and regulated. and RDC believes there is sufficient local. state and federal oversight through current law and regulation to maintain the highest environmental safeguards. Comments received so far on the issue are running heavily against the sale. RDC urges its members to go on record by April 19 supporting the sale. Send comments to: Project Chief. Sale 149 EIS, MMS, Alaska OCS Region. 949 E. 36th Avenue, Anchorage. AK 99508-4302. V !ano use decisions on the people of Alaska. The professional environmentalists have con- sistently ignored and often opposed the legiti- mate numan needs of the people who live in Alaska. The Congressional election of 1994 offers :he promise of change. Republican control of the Congress has elevated our two senators ana Congressman Young to key committee chairmanships. This means that the views of Alaskans will now oe heard and respected. It also means that the basis for legislative policy Mil be centered on economics and not ideol- ogv: fact rather than theory: and human needs rather than a romantic vision of nature from inside the Capital Beltway. `Ne are already seeing some beneficial results. The efforts to lift the legislative ban on the export of Alaska crude oil is a good ex- ample. Another is that officials of the Clinton administration are now taking a more objective look at a wide range of important Alaska is- sues. But the list of important federal problems to be addressed is along one: opening new areas to exploration, wetlands regulation, tim- ber poiicy ano many other resource develop- ment issues. Opening the nations best prospect for another giant oil fieia -- the Coastal Plain area adiacent to Prudhoe Say -- will require all of the skills and resources our Governor, our Delega- :ion. RDC's members and our people can muster. This effort must be given a very high pnonty. North Slooe oil production is now down to 1.6 million barrels per day from 2 million barrels per day only a few years ago. We must maintain production levels or face difficult de- cisions to reduce programs that sustain our people and provide hope for their children's future. A united Alaska must find ways to create new tax and royalty incentives to put the many known North Slope oil fields into production. New prospects must be opened and explored, and we must open the small Coastal Plain area -- our Prudhoe Bay II -- to a responsible program of oil and gas leasing and exploration. Jacob Adams is the President of Arctic Slope Regional Corporation. a member of the North Slope Borough Assembly and a whaling cap- tain in the village of Barrow. He also serves on the RDC Board of Directors. March 1995 / RESOURCE REVIEW / Page 7 20thPPY Birthday, RDC61 We'd love to help you open your present. Arctic Slope Regional Corporation congratulates the Resource Development Council for its 20 vears of hard work to bring the benefits of environmentally responsible development to Alaska. Whether pushing for equitable werlands reeulations, encouraeine new minine ventures, proclaiming Prudhoe Bav's successes or advocating exploration in the Coastal Plain of Ati WR - the Resource Development Council has been a voice of reason in the wilderness. Arctic Slope is proud to be a lone -time supporter of RDC, and looks forward to continued cooperation to open up Alaska's natural gifts for everyone to share. Resource Deveiopment Council 121 W. Fireweed, Suite 250 Anchorage, AK 99503 ADDRESS CORRECTION REQUESTED Page 8 / RESOURCE REVIEW / March 1995 oraIc dope 9�3reqomlcorpt P. O. Box i29. Bartow, Alaska 99723 Mayor John Williams Manager City of Kenai 210 Fidalgo Ave., Suite 200 Kenai AK 99611 Bulk Ra U.S. Postage PAID Anchorage, AK Permit No. 377 Resource Development Council Tor A'aka!rc. ti U HRSDAY :Y1 Petroleum Club of Anchorage 4101 Credit Union Drive (South side of Sea Galley Restaurant) April 1995 Reservations are required for each meeting. Please call 276-0700 by noon Wednesday. Doors open at 7 am., presentations begin at 7:30 a.m. ................................. Members: Breakfast: $10.50, Coffee & Pastry: $5.50 Non -Members: Breakfast: $12-00, Coffee & Pastry: $6.00 April 6: Progress Report on CIRI Development Projects Carl Marrs, Senior Vice President, Cook Inlet Region, Inc. April 13: Resource Development: Challenges & Problems in the Commonwealth of Independent States Bucki Tart, Manager, Alaska Operations, Golder & Associates, Inc. Apdi 20: What the Heck is with Troy Aikman? (A discussion on royalty reduction legislation) Jim Palmer, Director, External Affairs, BP Exploration (Alaska), Inc. April27: New Direction at DNR John Shively, Commissioner, Alaska Department of Natural Resources WHAT DO RESOURCES GIVE US? ? QUALITY OF LIFE. hen you stop and thick about tt, ie50U:Ce5 r1aV ,tn -2Mrr ctus roie in our iives. i:e newspaper You re readin, vas 17a0e 'rorn 1 tree. : lie Ink on t:le pages -onsists iar�zeiv ut oil. And the orinan,_, press couidn't have been made '.vlthout r,inenis and petroleum producs. VVHICH RESOURCE DO YOU RELY ON THE MOST? TIMBER. EYery time you read a paper or a book. You're counting on the timber industry. Just 10ok around .,our house. You 11 _ee rnany `.vood ^mducts. neiudinQ rabies i !- and chairs, Baseboards. and C.ernays a tov block r C`.ti o. ENERGY. lma>nne a .yinrer in ���.� .�:rhout aeat. `.',wrcomtort eoends ,>n ,as. oii.':mber or hvdro- riectnc re ��':titout �asuiine for vourcar, noat or aimiane may have an adverse 'eftect tin hour irern ie. EVell .'our bic%Cie ore, -ire made tram vtz!m ieum. he ii�-t of petroieum-reiated -r(XilictS Yol: use on ,7 7e�_,ui.lr rpm risnnlL; rods ,uld rain ,ear in .xxhpaste and te:e= inont� — a �n7inn'iv diYerse. FISHING. L.re !n can be quite tasty t 'k. , :ou sit do1vl .o a fresh salmon dinner. or a delicious piate of sheill or sushi. MINING. —7-.-e-v nme you check 'ne :::-.e. You re _ robabiv iooking at a mineni .rociuc:. .lost watches, e`.vei^.:.ind wire .. -1 nm giasses are :omcosed of Mineral elements — as are compasses, ^7ilror ze i `. eh:ces, and assorted c„mptn�; ;dear. DOES THE ECONOMY RELY ON RESOURCE DEVELOP.NEINT? worid demand increases, Alaska %'iil viav an increasingly vital role in suppivin� natwai resources. inwI'ii sound resource �ievei: pmenr,-.:.iska can meet this chaiien,e..�nd :n dt>n7s; 50, eve l] _ener-re lei+ e rs and increased weaith ,or cur .:rzens — -nd .or :he nation. task is not Z .7sv and we need :. our support. ',`.'eicii the iact5. nderstand the uorons. And consider the :indications :or the rurure. Our natural resources provide the quality of life we emov today, and 1Sed a'!A'h/, rt,,UtrrCL'S b0lV lr [I// 0f Its. Resource Development Cound L'1 W. Fireweed Ln.. suite 250 Anchonge, Alaska 99503 907•Z'6.0700 Fax `?07-Z76.3887 �S NATURAL RESOURCES IS A GROWING CONCERN. Resource Development Councii 4 Fax, 276-3887 Phone: 276-070=0 71411495 y 101 AM 21111 RDC for Alaska, Inc. * ACTION ALERT Please Delp defend Alaska's strict water quality standards. Deadline, for comment is Wed., April 1971995 Action request; Please respond by stating your support for the standards in place. Write or fax a short note in support of the current regulations to Commissioner Gene Burden today at ADEC, 410 Willoughby avenue, Suite 105, Juneau, AK 99§01-1795, or fax 465-5274 Under Governor Knowles. the Department of Environmental Conservation (.-DEC) has an additional level of administrative review now underway. RDC members were vent, active in the prior round of hearings and testimony. These are the same reguiations which RDC supported before. For a briefing packet or information, call RDC at 2-6-0700. Points to consider in your statement: • ADEC should retain the existing water quality regulations and reject the petition filed by the Siena Club Legal Defense Fund. • The existing regulations afford a high level of protection for Alaskans without placing overwhelming restrictions on development. • The 1 in 100,000 human health risk level adopted by ADEC protects .Uaskans «•ell. • The newly -adopted Treatment Works definition is necessary for all Alaskan municipalities and industries responsible for waste treatment It should be retained as adopted by ADEC. • The petroleum hydrocarbons and oil and grease standards adopted by DEC are a good first step toward resolving concerns and should be retained to serve as a starting point for discussions to be held during Phase II of Water Quality Standards Review and be no more stringent than federal requirements. • It does not make sense to follow bad examples set by some states which adopted 1 in 1 million risk limits and now operate with de -facto exemptions or a convoluted perr nmLY process because dischargers (like municipal treatment facilities] can't meet the lirruts. • The proposed anti -degradation policy should be subject to greater study and comment and be included in Phase II of the state's triennial review process. If the policy is included in this round, urge it be no stronger, broader or stricter than federal requirements. • Utility rates across Alaska could increase an average of 400'7c if the state increases the human health risk limit to 1 in 1 million. • Benefits from stricter limits are so small thev are hardly measurable. but costs to utilities and industry (ultimately to the consumer and user) to manage for such limits are enormous. • The public record clearly showed widespread support for the current regulations. which were the product of an intense, five-year public process which included 12 public hearings, two statewide teleconferences, two public comment periods running 213 days and three two-dav meetings of a State Water Quality Advisory Group. P.S. If it seems unreasonable to go through the process again. don't look at it that way. We don't have a choice since the opposition has unleashed its letter -writing machine. Help defend the regulations we all helped create through a fair and rigorous process. KENAI Kenai I. CALL TO ORDER RIVER SPECIAL MANAGEMENT AREA ADVISORY BOARD Thursday, March 9, 1995 Peninsula Borough Assembly Chambers A. ROLL CALL Members Present: Jack LaShot, Dale Bondurant, Jim Richardson, Peggy Mullen, Pat Bower, Ben Ellis, Bill Kent, Warren Hoflich, Bill McDermid, Kent Hueser, Dennis Randa, Tom Knock, Duane Harp, Dave Athons, Kent Hueser. Members Absent: Rich Underkofler, Claudia Knickerbocker B. Approval of Feb 9 minutes - The minutes were approved as written. C. Agenda Changes and Approval - Added under C, Old Business, was a briefing on the Corp of Engineers General Permit, as item D, Old Business, a 1994 Carrying Capacity Survey analysis from Jim Richardson. The agenda was then approved. II. PUBLIC COMMENT - No public comment Ill. NEW BUSINESS A. Board of Fish Committee report Ben Ellis briefed the board on the last Board of Fish Committee meeting held January 11. On March 19, the Board of Fisheries will meet to discuss a number of proposals, some of which will have an impact on the Kenai River. As a board, Ben felt the Kenai River Advisory Board should discuss each proposal and offer an evaluation and whether the board supports, opposes or takes no stand. Ben made a motion that the Kenai River Advisory Board address each Proposal as they pertain to the Kenai River, seconded by Jim Richardson. Motion passed with nine in favor. Let the record show that abstaining from any voting on the Board of Fish Proposals was: Pat Bower, Dave Athons, and Bill Kent. Ben brought up each Proposal as a motion to adopt what the KRSMA Board of Fisheries Committee recommended for each Proposal. The KRSMA Advisory Board voted on each Proposal as either accepting the committee's recommendation or opposing the recommendation. Proposal 289: - No opposition to KRSMA committee recommendation to oppose proposal. Proposal 290: - No opposition to KRSMA committee recommendation to take no action. Proposal 291: - No opposition to KRSMA committee recommendation to oppose proposal. KENAI RIVER SPECIAL MANAGEMENT AREA ADVISORY BOARD 2 Minutes of March 9, 1995 meeting Proposal 292: - Motion passes to accept the KRSMA committee recommendation to support the proposal with two opposed. Proposal 293: - No opposition to KRSMA committee recommendation to oppose proposal. Proposal 294: - No opposition to KRSMA committee recommendation to oppose proposal Proposal 295:-Board fails to accept the KRSMA committee recommendation to oppose proposal. Board supports this proposal, 9 in favor, 1 opposed. Proposal 296:-Board fails to accept the KRSMA committee recommendation to oppose proposal. Board supports this proposal, 7 in favor, 2 opposed. Proposal 297:-Board fails to accept the KRSMA committee recommendation to oppose proposal. Board supports this proposal, 5 in favor, 4 opposed. Proposal 298: - No opposition to KRSMA committee recommendation to support proposal.. Proposal 299: - Subsection 1 - No opposition to KRSMA committee recommendation to support proposal.. Subsection 2 - Ben explained that the committee agreed that Subsection 1 pertaining to statewide registration is needed, but reached no concensus on Subsection II because of conflicts with current Parks Division permit required for guiding on the Kenai River. The committee recommended that ADFazG work with DPOR in rewriting Subsection II. Jim Richardson asked to abstain from voting on this Proposal. The board voted to support Subsection II pertaining to requirements: * Information such as name, address, name of individial working for etc. * A copy of their sport fish guiding registration in their possession. * A guide may not assist any client in any manner in any action that is contrary to Alaska sport fishing regulations. The board voted to oppose Subsection II pertaining to requirement: * A guide would not be able to retain fish while engaged in guiding clients. KENAI RIVER SPECIAL MANAGEMENT AREA ADVISORY BOARD 3 Minutes of March 9, 1995 meeting * The maximum number of fishing lines that may be fished from a vessel operated by a guide is equal to the number of clients on board. Proposal 300: No opposition to KRSMA Committee Recommendation. Proposal 301: No opposition to KRSMA Committee Recommendation. Support for bycatch data: Jim made a friendly motion to amend to include Shelikoff Strait. Motion to support bycatch data passed. B. Sockeye Salmon Task Force report Ben reported that the Sockeye Salmon Task Force has come up with three broad statements to discuss at the Board of Fish meetings March 19-25. 1) That escapement levels should be a biological escapement goal with no harvest taken out of that goal. 2) There should be a reliable, predictable dip net fishery. 3) Predictable three bag limit for sockeye. It was the Sockeye Salmon Task Force's suggestion that the Kenai River Advisory Board take no action as far as supporting a plan one way or another. He stated that it was a very complicated plan and there is not time for them to look at it in detail. The Board supported the position to take no position at this time, but would like to follow up on this issue in the future. C. Habitat Committee Report: Suzanne said the committee met to focus on "where we can do the most good" . Maps have been requested which show road easements and right of ways. This will enable the committee to look at impacts associated with use and areas to keep in mind for future access needs. The March 14 meeting will be rescheduled for March 15 at 10:00 a.m. at the Soldotna City Hall Kent asked for an Educational Committee update. Suzanne advised that the Kenai River King Salmon Fund has developed a brochure which covers habitat issues. The committee will address boating safety and fishing methods in their handout. D. Impacts on the Kenai River from Susitna River closure: Open for discussion. KENAI RIVER SPECIAL MANAGEMENT AREA ADVISORY BOARD 4 Minutes of March 9, 1995 meeting Discussion centered around an expected increase in the total number of guides and the number of illegal guides. Also, an increase in bank fishermen. . Kent asked Chris about the possibility of putting a cap on the number of guides. Chris stated that nothing has changed from the last time this issue was brought to the Attorney General's Office. A system designed to cap the number of guides or "grandfather in" existing guides would be viewed as unconstitutional as it denies equal access to the fish and wildlife resources. Additionally, the AG's Office has stated that unless we can show that sportfishing guides create a problem that is not found with general public anglers, than we can not limit this group over the general public. So in the event that crowding levels grow to a point that a limit is necessary, we will have to limit all users' access to the resource fairly and equally. The AG's Office has asserted that the best legal way to limit guides is through a lottery or cash bid option. Neither of these options are palatable to guides. Jim made a motion that the board ask staff to prepare a letter to the Commissioner of Department of Public Safety and Department of Natural Resources outlining our discussion on the potential increased use on the Kenai River and the need for increased enforcement for reasons of safety and adherence to Kenai River regulations. Seconded by Duane. Distribution will be to all legislators, the governor, USES and USFWS. Motion passed unanimously. Ben also suggested asking the commissioner to a spring meeting. IV. OLD BUSINESS A. Request for Changes to Guide Permits - Dave Richards Ben made a motion to accept the proposals as set forth in Dave Richard's letter to the Kenai River Advisory Board. Seconded by Duane Discussion followed. Dennis asked if there was an opportunity to provide parking outside Bings Landing for guides where they would pay a fee? Suzanne stated that the access road to Bings Landing is not designated for guides, but is used and Is free. At Izaak Walton, the highway realignment took out any parking at the top of the hill. Guides now park across the road in the parking lot at the Bald Eagle Bar . Board members felt that the existing permit fees are appropriate, and should not be reduced. Suzanne stated that the stipulation regarding the search of outboard motors is being considered for possible re -wording. As it is written now, the stipulation does not reflect what State Parks is actually doing in the way of enforcement, because the rangers will not generally check a motor for horsepower compliance unless they have reasonable suspicion that KENAI RIVER SPECIAL MANAGEMENT AREA ADVISORY BOARD 5 Minutes of March 9, 1995 meeting someone has altered their horsepower. This same treatment applies to all users of the river, guided and non -guided alike. Motion failed unanimously, with all Board members opposed to supporting Dave Richard's requests for changes to the guide stipulations. B. Land Use Committee Update: Suzanne stated that Ordinance 94-52 (Substitute) regarding the Kenai River Overlay District, has gone to the Kenai Peninsula Borough Legal Department for review and will be discussed at the next Kenai Borough Planning meeting to be held March 21. The Borough Assembly may make a decision at their April meeting. Also being discussed by the Legal Department is Ordinance 95-09, An ordinance amending the code to authorize the issuance of licenses to mineral claimants for the temporary use of borough lands. It was suggested that the mining ordinance be put on the agenda for the next meeting. "The Kenai River Overlay District shall apply to all lands that are located between the waterline of the Kenai River and 150 feet therefrom, or from the waterline to the line that defines the 100 year flood plain..." This also includes all lakes and tributaries into the Kenai River system. C. Nationwide General Permits - Army COE: Suzanne met with the supervisory unit of the COE Regulatory Section. Larry Reeder authored rescinding Nationwide permits on rivers. He feels that rescinding permits is not popular within the COE, but they can drop our guidelines and reflect resources depending on what ADFUG finds. It requires a lot more communication between the State and COE. Kenai River General Permits expire June 95. Some will be renewed, some will be updated to reflect new technology. D. Carrying Capacity Study Analysis : Jim passed out handouts of graphs he had developed in analyzing the questions on the 1994 Carrying Capacity Study. He hoped to have a more comprehensive analysis for a future meeting. V. PUBLIC COMMENT VI. ADJOURNMENT A. Board Comments: Bill Kent: An Upper Kenai River Planning Meeting is scheduled for Monday, 3/13 in Anchorage with ADF&G. The discussion will be on facility development. Ben: Asked for the status of filling board seats. Chris advised that the new commissioner has KENAI RIVER SPECIAL MANAGEMENT AREA ADVISORY BOARD 6 Minutes of March 9, 1995 meeting taken no action and is interested in having more women and native representation. He stated that the Kenai River Sportfishing, Inc. is helping to finance the Stream Watch Program with the U.S. Forest Service. They are looking for volunteers to help the USFS at the Russian River. Another effort by the group is the distribution of 36,000 Matanuska Maid milk cartons with a Kenai River habitat message. Other projects are TV PSA's on Kenai River habitat and responsible bank angling. They will be hosting the Kenai lover Classic with a goal of $250,000 to be raised for habitat. There is also a permit for a raffle of a new Koffier boat, Yamaha engine and boat trailer. Pat: Complimented Ben and the Kenai River Sportfishing, Inc. for their efforts in protecting the Kenai River. Jim: Wished to acknowledge all the work Dale Bondurant has done over the years for no personal gain. Bill: Seconded the compliments to Ben and Dale. Peggy: Commented that the City of Soldotna are strong supporters of the Kenai River Overlay District and regrets that the City of Kenai is not in support. She offered to meet with the City of Kenai in a work session to salvage the situation. Jack: Stated that the majority of the people in Kenai do want to support protecting the Kenai River. Warren: Landmark meeting when a Kenai River guide suggests that there are too many guides on the river (referring to Kent's comments earlier). Duane: Feels the board should address the reallignment of the Sterling Highway in Cooper Landing and the potential impacts on the Kenai River. Dennis: Announced his resignation from the board as of this meeting. B. Date/Agenda of Next Meeting: The next board meeting will be held April 13, 1995 at 7 p.m. at the Kenai Peninsula Borough Assembly Chambers. Agenda topics will include discussion on the reallignment of the Sterling Highway in Cooper Landing and the potential impacts on the Kenai River, an update on the 1994 survey conclusions that Jim R. will present, and an update on land status discussions on the upper Kenai River lands and tributaries. AW KENA1 RIVER �6Special Management Area "Wonting together .for the river" LaDd��OGt1� � OQQD March 17, 1995 Alaska Board of Fisheries Alaska Department of Fish and Game Boards Support Section P.O. Box 25526 Juneau, Alaska 99802-5526 Dear Board of Fisheries Members, The Kenai River Advisory Board's (KRAB) Board of Fish Committee met on January 11, 1995 to review the proposals in the Alaska Board of Fisheries 1994/95 Proposal Book. The committee developed it's recommendations and prepared a report for the KRAB. The committee's report was reviewed at the KRAB's March 9, 1995 meeting. The report and the specific proposals were considered in the context of how they would effect the Kenai River Special Management Area (KRSMA). All agency representatives and Ms. Pat Bower abstained from voting. The following list reflects the board's support, opposition or no recommended action. Proposal 289: 5 AAC 75.010. Possession of Sport Caught Fish. Oppose proposal. This was not viewed as a major concern. Proposal 290: 5 AAC 75.020. Sport Fishing Gear. No action taken. The problem will be addressed with EPA action. Proposal 291: 5 AAC 75.023. Gear for Single Hook Waters. Oppose proposal. Different fisheries (chinook vs. rainbow) recruire different sized hooks. This will be impossible to regulate. Proposal 292: 5 AAC 75.023. Gear for Single Hook Waters. Support proposal. It appears that barbless hooks or hooks with crimped barbs reduce the mortality rate during catch and release periods. Kenai Area Office. Box 1247, Soldotna. AK 99669. Soldotna 262.5581 ! Kenai Renlnsuia Borough, Box 850. Soldotna. AK 99669. Soldotna 262.4441 p AlaSlta Division of Parks ana oul000r Recreation. Deoartment of Natural Resource& in OOODOMion with the Kenai Peninsula Borough. Proposal 293: 5 AAC 75.020. Sport Fishing Gear. Oppose proposal. This proposal is too restrictive. Proposal 294: 5 AAC 75.995. Definition of Preserved Fish. Oppose proposal. Such measures should be handled on a regional level. Existing regulations could be modified to meet the author's intent. Proposal 295: 5 AAC 75.995. Definition of Artificial Fly. Support proposal. Proposal 296: 5 AAC 75.995. Definition of Artificial Lure. Support proposal. Proposal 297: 5 AAC 75.995. Definition of Bait. Support proposal. Proposal 298: 5 AAC 75.995. Definition of Guide. Support proposal. A statewide definition of guide is needed. Proposal 299: 5 AAC 70.075. Responsibility of a Guide. and 5 AAC 75.XXX Sport Fishing Guide Requirements. The KRAB supports (a)(b) (1-4), the requirement for state wide registration and specific registration requirements. The board also supports (c) and (e), registration form in possession and the prohibition of assisting clients in any manner that is contrary to the regulations. The board voted to oppose (d) and (f), guide may not retain fish and the maximum number of fishing lines. There is a need for state wide registration of fishing guides. Fishing guides that operate on the Kenai River are not allowed to fish during the king season when clients are aboard (KRSMA permit requirement), are restricted to days and hours, and can't use their guide vessels outside of the days/hours restrictions. Consideration should be given to existing situations before developing additional restrictions for the Kenai River. Proposal 300: 5 AAC 75.065. Waste of Fish. Support proposal. Responsible use of the resource should be encouraged. Proposal 301: 5 AAC 75.020. Sport Fishing Gear. Oppose proposal. This isn't needed since -.snagging is not allowed except in specific areas or in specific situations. The Kenai River Advisory Board supports the formulation of regulations that will provide for more data on the commercial bycatch of salmon stocks in the Bering Sea, Aleutian Islands and Shelikof Straits. The board also supports the developments of regulations that will reduce the salmon bycatch in state waters. Thank you for providing us with this opportunity to comment on the 1994/95 Proposals. Sincerely, az Jim Richardson Kenai River Advisory Board Vice -President Permit Alaska Department of Revenue Charitable Gaming Division P.U. Box 110440 Juneau, AK 99811-0440 Games of Chance and Contests of Skill PERMIT APPLICATION AS . 0 Please read the instructions before cowleting Aii wliiatfiw- n FOR DEPARTMENT USE ONLY Permit Number Cate of Issue TONY KNOt DEPARTMENT OF FISH AND GAME HABITAT AND RESTORATION DIVISION April 4, 1995 r� - p�R 1995 �� C�j 72asks U�g� publw � ; w � Jack LaShot City Engineer City of Kenai 210 Fidalgo Avenue, Suite 200 Kenai, AK 99611-7794 Dear Mr. LaShot: tj$�n y, V-9 i'oR covti 333 RASPBERA r ANCHORAGE, ALASKA 99518-1599 PHONE: (907) 344-0541 b �itiAl Pi-SLiC W0RKS DEPT. P/:w Dtr. -- AM. Cont. Mr & Swr. Streets Snop 1- --(� STP The Alaska Department of Fish and Game's Habitat and Restoration Division will hold informal seminars and discussions every Monday (with exception of Memorial Day, May 29) 5:30-6:30 p.m. from April 10 through at least June 5 at the Cook Inlet Aquaculture building in Kenai. With these presentations, we aim to expand the scope from the river to the entire Kenai River drainage, and to familiarize land owners, recreational users and businesses with the range of riparian and wetland protection tools available to them. We are also planning on providing demonstration and hand- out materials, and welcome discussions and question/answer sessions. The June 5 presentation has been intentionally left open, to be filled with suggested topics. Display advertisements will run weekly in the Anchorage and Kenai newspapers. I have enclosed copies of the first flier (to be updated weekly, as needed), and would like to ask you to distribute these as you see fit. Please do not hesitate to call me at 267-2295, or fax at 349-1723 if you have any questions or suggestions. Sincerely, � tc Kathrin Sundet Habitat Biologist Habitat and Restoration Division cc: Lance Trasky Enclosure 11-K107LH _ --1:ea on recycea pacer z :;_D. j�zate��i � .'Zwtr=A�w R IN- ER-== HOW YOU CAN HELP PROTECT AND IMPROVE THE KENAI RIVER Monday evenings, 05:30 - 07:00 PM, from April 10 through June 5, 1995, at the Cook Inlet Aquaculture Building, Kalifornski Road mile 16.2, just east of the Warren Ames Bridge. Tentative Schedule (to be announced weekly in newspaper advertisements) 04110. The Kenai River watershed Changes in habitats, RDF&G 04/17: Get a break from Uncle Sam Planned Giving, The Nature Conservancy 04124. Providing fish -friendly habitat I Use of plant materials, ADNR 05101: Providing fish -friendly habitat It Streambank project alternatives, ADF&G 05106: Watershed hydrology onr our banks y Specific effects on banks and fish habitat, EiSGS 051.15. The Forest Stewardship Program Private landowner assistance, ADNR 05/22: Hands-on project approaches Examples from Kenai River projects, ADNR 05129. .Memorial Day - no presentations 0fi/fQS: To be announced We welcome suggestions for confusion of the series Questions? Suggestions? Please call the ADF&G Habitat and Restoration Division at 267-2342, attn. "PREP-95" These presentations are funded in part by the Alaska Department of Fish and Game under an Environmental Protection Agency Wetlands Conservation Grant . CITY OF KENA It 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 brAhri 1'II�1 1992 April 6, 1995 Commissioner Wilson Conden Department of Revenue P.O. Box 110440 Juneau, AK 99811-0440 RE: 1995 GAMES OF CHANCE AND CONTESTS OF SKILL MULTIPLE -BENEFICIARY PERMIT APPLICATION Multiple Charities Association Co-op At their April 5, 1995 meeting, the Kenai City Council reviewed and discussed the above -referenced Multiple -Beneficiary Permit Application submitted by the Kenai Peninsula Fisherman's Association, Kenai Elk's Lodge and Juneau Moose Lodge 700. After long discussions and much consternation, the Council took no action on the application. During the discussions on this application, Council was extremely dismayed to find that even if they objected to any gaming application, in all probability, the Division of Gaming will approve the application anyway. Because of this lack of control by the local government, the Council felt their input is moot. In further discussions, the Kenai City Council unanimously passed a motion to not involve themselves in approval of bingo/pull-tab applications until the local governments are awarded more authority to object to applications if it is demonstrated the application is not in the best interest of the community. CITY OF KENAI JJW/clf cc: Multiple Charities Associated Co-op CITY OF KENAI it Od OIC4111M" 4 414a'IJ= if 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 ~ TELEPHONE 907-283-7535 FAX 907-283-3014 bytyyl 'III'I April 6, 1995 Commissioner Wilson Conden Department of Revenue P.O. Box 110440 Juneau, AK 99811-0440 RE: PULL -TAB DISTRIBUTOR LICENSE APPLICATION Tabs Unlimited of Alaska At their April 5, 1995 meeting, the Kenai City Council reviewed the above -referenced Pull -Tab Distributor License application for Tabs Unlimited of Alaska. The Kenai City Council unanimously passed a motion to not involve themselves in approval of bingo/pull-tab applications until the local governments are awarded more authority to object to applications if it is demonstrated the application is not in the best interest of the community. (See attached 4/6/95 John Williams letter for further information.) Sincerely, CITY OF KENAI Car L. Freas Cit�Clerk cif cc: Tabs Unlimited of Alaska CITY OF KE1If c9d 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 April 11, 1995 Governor Tony Knowles State of Alaska P.O. Box 110001 Juneau, AK 99811-0001 RE: RETIREMENT INCENTIVE PROGRAM SB 137 and HB 270 Thank you for your letter of March 28, 1995 in which you encouraged comments on the proposed retirement incentive program (SB 137 and HB 270). The Kenai City Council discussed your letter and bills at their April 5, 1995 council meeting. To close the state's fiscal gap, major changes need to occur in how the state does business. Over the next several years adjustments in state operations, making the state government more efficient, need to take place. In some cases, there may even be elimination of many nonessential services. Forced layoffs of personnel may be a direct result of elimination of programs/services and making efficient existing programs. Such layoffs could have a ripple effect on the private sector statewide and endanger the health of Alaska's economy. The City of Kenai is interested and supports the concept of HB 270 and SB 137 which allow for retirement and separation incentive programs for employees of state government, municipalities, and school districts. With the use of retirement incentives which are tailored to the fiscal and staffing requirements of any participating entity, significant savings in program costs will result. Retirement and separation incentives have been used successfully by the State of Alaska previously with substantial savings. Private sector programs have also proved to be successful. In both of these cases, payroll cutbacks occurred while still eliminating or minimizing the need for layoffs. The City of Kenai believes that HB 270 and SB 137 are properly structured and can be a cost-effective and humane method of downsizing. The only consideration the City of Governor Tony Knowles April 11, 1995 Page 2 Kenai requests is that the window periods for any participating state government, municipality, or school district be identical. Any window period of opportunity needs to be from July 1, 1995 through June 30, 1998. The Kenai City Council supports the passage of both HB 270 and SB 137. We thank you for the opportunity to communicate with you on this matter. Sincerely, CITY OF ohn J.AVilliams JJW/clf cc: Representative Mike Navarre Senator Judy Salo House Speaker Gail Phillips Senate President Drue Pearce Senator Lyda Green, Chair, Health, Education & Social Services Committee Senator Bert Sharp, Chair, Senate State Affairs Committee Senator Steve Frank, Chair, State Finance Committee Representative Jeannette James, Chair, House State Affairs Committee Representative Pete Kott, Chair, House Labor & Commerce Committee Representative Mark Hanley, Chair, House Finance Committee Couivc,i_ MEMORANDUM TO: Tom Manninen, City Manager -no, THROUGH: Keith Kornelis, Public Works D'� ectoC FROM: Jack La Shot, City Engineerq DATE: April 12, 1995 SUBJECT: New Well Attached is the cover letter and the summary/conclusion of the well yield investigation recently completed by Mr. Geoff Coble on our exploratory well. He concludes that our chosen site should be a good location for a production well, and that the Beaver Creek Aquifer apparently is capable of producing the quantity needed in relationship with our existing wells. I have arranged to extend our entry permit with the KPB to allow us to construct a permanent well (no well house or other work). If the permanent well turns out like we hope, we will arrange to purchase the property and continue with well house construction and further work. We hope to put out a bid for the well construction within a few weeks. A complete study is available for anyone who may want or need one from Public Works. Also attached is an earlier memo to you. JUkw COBLE GEOTECHNICA L SERVICES GEOPHYSICAL CONSULTING P.O. Box 1637 Homer, Alaska 99603-1637 (907) 235-1066 Groundwater/Surface Water Geophysics Wm. J. Nelson & Associates 3/25/95 215 Fidalgo, Suite 204 Kenai, Alaska 99611 RE: Well Yield Investigation City of Kenai, Beaver Creek Aquifer Test Well Dear Bill, Coble Geotechnical Services (CGS) is pleased to submit this report for the City of Kenai that addresses well yield at the most recent City of Kenai test well. The collective analysis indicates the test well location is favorable for producing the desired well yield. This report can also be used as a beginning to a more thorough evaluation of the Beaver Creek Aquifer. A review of the literature available for making aquifer management decisions is surprisingly sparse considering the development in the area. A brief overview of the available literature suggests most of the work was done in the early 1970's by the USGS (with the exception of site -specific studies that do not apply to well field management). CGS continues to collect and catalog valuable data and information that concerns the hydrology/hydrogeology of the Kenai Peninsula. I appreciate the opportunity this test has provided for my firm, and look forward to working with you and the City of Kenai in the future. Sincerely, COBLE TECHNICAL SERVICES G o oble, M. S., PG Hydrogeologist D It ■ Q = T (Driscoll, 1986; Cooper et. al, 1946). S 264log 0.3Tt rS Assuming the well is 12" diameter (r=0.5 ft) as requested, an arbitrarily long pumping time t of 100 days, a desired pumping rate Q of 1000 gpm, T of 129,000 gpd/ft and S = 0.00075 (Anderson, 1971), a theoretical drawdown of s = 21 feet is calculated. For T=80,000 gpd/ft the drawdown becomes 30 feet after 100 days of pumping. These values are certainly acceptable, though they ignore well losses (assumes a 100% efficient well) and assumes the well is screened fully throughout the confined aquifer. These results, combined with the examination of the test well geologic log, indicate conditions are favorable for the installation of a production well at the test well location. 5.0 Summary/Conclusions The pumping test clearly shows the test well location is connected with the regional Beaver Creek Aquifer and is not an isolated source of water or a separate aquifer. The pumping test also shows the drawdown is much less than the predicted drawdown for the aquifer in Anderson's 1971 study. This indicates a higher regional aquifer T in the region of Production Wells # 1, #2 and the test well. The higher T is not interpreted as aquifer leakage, as no evidence for this exists in the later -time data of Figure 4. The probability of obtaining a well yield of 1000 to 1500 gpm is therefore very good at the test well site provided the aquifer is fully screened, and every effort is made to minimize well losses during well construction and development. While variations in T local to the test well can also influence the well yield, the aquifer thickness at the test well site does not support this as a limiting factor. In any case, a test of local T at the test well site cannot be practically evaluated due to the restricted well screen interval and absence of nearby observation wells. Since the test applies to a large area of aquifer one might consider that the production well could be moved a small distance without affecting its well yield performance. The reason why this is a risk, however, is because a less permeable zone could be encountered even at small distances within this type of geology. These zones are common throughout the aquifer. The resulting change in local T from moving the well location can reduce well yields, as perhaps seen by comparing the well logs of Production Well #1 to Production Well #2. MEMORANDUM TO: Tom Manninen, City Manager THROUGH: Keith Kornelis, Public Works Director FROM: Jack La Shot, City Engineer L ,y3" DATE: January 10, 1995 4 I b SUBJECT: Water System Improvements Status Report �o You had asked for a status report concerning the new well developm nt and other water system improvements. I have asked Charlie to prepare an ordinanc to appropriate funds to begin actual well development. This appropriation will be funds that we have available at this time. Much of the major work (well house, loops and controls) can be done as funds become available, such as the closing out of the Thompson Park project and approval from the state to reappropriate the remaining funds. Other sources are funds we hope to get from grants and/or the water and sewer fund. First Steo - New Well Development This would first involve a well yield study using the existing exploratory 6" casing and our production wells to estimate the available yield at this location and in combination with our existing sources. If we can predict a sufficient quantity, we would then construct a permanent, larger well, and again do pumping tests. The attached proposal, submitted by Bill Nelson, details the work and fees involved. I have requested a proposal from him, as his firm is knowledgeable of our system through the recent preparation of a computer hydraulic model and report of needed system improvements. If so directed, I will seek other proposals, however, I believe Mr. Nelson (along with Mr. Coble to do the hydrologic work) can do a good job. I recommend removing the inspection fees from the proposal until we have gone to bid for the well construction. Mr. Coble recommends an Aquifer field study to better understand the Beaver Creek Aquifer and the affects of combined use. This may be a worthwhile project at some point in the future, as we further expand the system, however at this time, I am not convinced that it is necessary. Also, in the first step we will want to formulate a method to purchase/lease the well site property from the Borough. Page 2 Water Systems Improvements Status Report 1 /9/95 HE: =7615-11-1-1 ,4,0,.+0"0V 3,000 11: e-. ZZ'Ooo BAN p 30�Ooo Time to complete step one - ? to 6 months (approximately). co,�5r, 2117,3717 Estimate to complete: $100.000 to $200,000. Q -3 379 Ordinance 1623-95 represents the budget for this first step. I do not expect we will use all of these funds, however. The total represents a grant we received plus our local matching share. Excess funds will be reappropriated in later steps. Second Step - Design Well House. Controls. and Loops This step would do the design work for the entire water improvement project. We could probably use funds left over funds from step one to accomplish this work. The design and/or construction can be done in separate packages as long as the control work is coordinated with the well house work. I would prefer the same people be involved in the control work that we used for the new Scada System (Allen Houtz) and the hydraulic modeling (Nelson). The remainder could go to other people. Time to complete step two - 3 to 9 months (approximately). Estimate to complete - $150,000 to $250,000. Third Step - Construction of Well House, Controls, and Loops As funds become available, construction of the complete system can take place, in packages to best accommodate the situation. The loops can be independent of the rest. The controls can be independent of the well house construction, however, the design should be integrated closeiy. Time to complete step three - 1 to 2 years (approximately) Estimate to complete - $1.5 million to $2.5 million. J Ukw APR 17 '95 07:27 KPB/ECON. DEV. DIST.907 283 3913 Post -It- brand fax transmittal memo M I *o+w""' To n �IOAI eo. �. apt. F"`r zn-3o4 April 14,1% WELCOME Z: Prom the dwk of tf w Executive Director Urgent! ► ! I would like to request your approval for a budget revision. I have discussed this action with Chairman Elson and he suggested this course of action. I would like to transfer $7,000 of overbudgeted funds from wages, with $1,500 going to travel and $5,500 going to contract services. The travel funds will reimburse an amount taken out of travel earlier in the fiscal year to purchase inexpensive airline coupons which will be used in the next fiscal year. The contract services funds will be used to perform a thorough estimate of rennovation costs for the Business Innovation Center ($1,500-$2,000), pay legal fees, and other anticipated costs which will be discussed at the upcoming EDD meeting. The Innovation Center Committee concurred in making the request for to do the estimate. We will call you later today. Equally Urgent! ! ! As legislation on the ARDOR appropriation moves through the State Senate, there again are requests for letters of support for full funding which highlight the value of funding the ARDORs (of which we are one). if you have old copy from other letters, could you put it on letterhead addressed to EDD and fax it to me or prepare,an original letter. Best not to identify yourself as an EDD board member. Thanx. Fax is 283-3913. Russia: I had a terrific trip to Moscow. The State Office of International Trade did a great job in coordinating: this trip and I gained a great deal from the experience. All the companies in the Alaska booth were doing a brisk business. I was impressed that the friendships of the Kenai Peninsula officials with the Sakhalin Island officials is recognized as having a significant effect in opening doors to business for a variety of firms. I was able to meet with many government and industry officials who are seeking business partners and/or commodities and services. Grant Applications: We have been busy preparing applications for funding of our Healthy Communities program ($50,000 from Public Health over two years for facilitation and data collection); Sakhalin, Russia, exchanges ($109,000 for training of Russian oil industry representatives, business, and government officials; the Business Innovation Center ($1 million application requires revisions); and an ice rink economic impact feasiblity study ($5,000). The first two grants would bring about $45,000 in administration and salary to the EDD. SBDC: An 4stimated 75 people attended the open house on the loth for the SBDC Subcenter. President of 1st National Bank of Anchorage, Dan Cuddy, was in attendance. The comment from 1 st National was this was the finest such event they have ever been associated with. Thanks to all of you who were able to attend. EDD Board members from Homer (Morris) and Seward (Bencardino) were on hand to share in the festivities with Central Peninsula collegues. Bill Root was officially introduced as the Director of the Subcenter. Affordable Housing: An excellent program involving housing officials from Fairbanks and Anchorage explored the potential of forming a community housing development organization. EDD was asked to facilitate this effort. Lovelyn is coordinating rhis activity. North Pacific Volcano In =relive Center: The task force will meet in Ninilchik, April 20. $36,000 in grants have been awarded from state and federal agencies to prepare a project business plan. The RFP will go out on the 24th. STAN CITY OF KEN 4 o - t# it Od 0eCZJ2,4W qAs4,vw,,qw 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 by1ftlyl rr.doar Apr i 1 18, 1995 /Z Stan Steadman, Executive Director Economic Development District �- 110 S. Willow Street, Suite 106 Kenai, AK 99611-7744 RE: ARDOR Appropriation Dear Stan: The proposed funding cut to the ARDOR's concerns me. First of all, it is a rather bizarre quest of politics and facts when the Kenai ARDOR/KPTMC situation is analyzed with the EDD. That is, the KPTMC started as a child of the EDD, was nurtured and grew to maturity, and is on its own and successful. The EDD and the ARDOR's funding of the EDD should take credit for creating an environment for the KPTMC to be the successful organization that it is. Now, immediately after this success, to have the State Senate and House cut the ARDOR funding in the appropriation process seems bizarre. We need more, not less support for creation of new jobs, whether they be tourism, fishing, oil, timber or mining in Alaska. It seems that the thrust in cutting the ARDOR appropriation is counterproductive and should be stopped. Please share this letter with senators and representatives, urging my support for full funding of the ARDOR appropriation as one of the important cogs in creating jobs in the State of Alaska. Sincerely, Thomas J. Manninen City Manager cc: Information in City Council packet o /6- April 19, 1995 Mayor John Williams and Kenai City Council Fidalgo Street Kenai, AK Dear Mayor Williams and Councilmembers: As you probably know by now, the Kenai River Committee (Borough Assembly) voted to recommend exclusion of the first 4.3 miles of the Kenai River from the proposed borough zoning ordinance. Kenai's commercial fishing industry is saved from the fate of being labeled a non -conforming use, at least for the time being. The fate of private property owners is still unresolved and yet another problem looms -- the City of Kenai threatens a lawsuit in the event the entire City is not excluded from the ordinance based on a City's rights question on zoning authority. That is a tremendous concern to me as a major shareholder in commercial fish processing and a private property owner located within the ordinance's authority. Here's why. Once the lawsuit is filed by the City of Kenai we are all still held in suspension until the suit is resolved. That could take years through findings on the restraining order, judicial process then appeals. What does the City of Kenai accomplish with such an action in representation of the citizens of Kenai? It is questionable whether such an action is in the best interest of property owners and taxpayers. The question of zoning authority is valid and it is wise to pursue clarity on the matter but not at the risk of tying up commercial and private properties into perpetuity. Here's a possible solution - maybe not the best and you may have a better one. Consider asking the Attorney General to provide an opinion on the zoning authority question. Urge the AG to give the response high priority. The cost is free and obviously less to taxpayers than fighting an extensive court battle. The cost we have incurred for a legal opinion pales in the face of potential costs for taking this question through the courts. I have spoken to some of you individually about the overlay ordinance and the need for Kenai to participate fully in resolve of the questions and the issues it raises. I appreciate and understand your concerns about city government authorities and agree the question needs to be resolved. The risks here by not working in a collaborative effort to resolve these zoning issues are high stakes to gamble for the future of our community. We have all agreed that the future of the Kenai River is worth our time and effort. Having this point of agreement is a starting place. The City has far more experience in zoning than either Soldotna or the Borough. Your active participation in resolving this issue is critical. Won't you please reconsider your intended actions before locking us in a legal process that will keep commercial and private property owners in suspension for years and add the burden of additional cost to the taxpayers? Thank you for your consideration. Please do not hesitate to contact me if I can further clarify my thoughts or be of assistance to you in consideration of this complex issue. Sincerely, Kathleen F. Scott 3080 Kim-n-Ang Kenai, AK 99611 283-2028 (home) 283-5130 (office /message) APR 19 '95 01:09PM UCIDA 907 283 3306 United Cook Inlet Drift Association Office: (907)283-3600 - Fax: (907)283-3306 FAX TRANSMITTAL LETTER Date: 4/ 19 /9 5 Number of Pages (Including Cover Letter): 7 IF YOU DO NOT RECEIVE ALL PAGES, PLEASE CALL (907)283-3600 AS SOON AS POSSIBLE. TO: Tony Lewis/Lori Evans Doug Loshbaugh Tom Kizzia Michael Carey/Howard Weaver Betty Glick Mayor Don Gilman Mayor John Williams Tom Elias Robin Samuelson FRCK Theo Matthews SUBJECT: LETTER ALSO SENT TO REP. DAVIS, REP. NAVARRE, REP. PHIWPS, SENATOR TORGERSON APR 19 '95 01.09PM UCIDA 907 283 3306 P,2 UCIDn UNITED COOK INLET DRIFT ASSOCIATION o P.O. Box 389 • Kenai, Alaska 99611 - 0389 (907) 283-3600 • FAX (907) 283-3306 April 18, 1995 By Telefax Senator Judy Salo State Capitol Juneau, AK 99801 Dear Senator Salo, Please find enclosed a letter from past Board of Fisheries member Mr. Iry Carlisle, of Soldotna, addressed to Governor Knowles. When combined with the letter (also enclosed) from Mr. Loren Flagg, Executive Director of KPFA, to ADF&G Commissioner Frank Rue, we feel that most of our concerns over Governor Knowles' recent intervention Into Cook Inlet allocation issues have been expressed. UCIDA Is totally committed to working with Governor Knowles, the Board of Fisheries and/or any other interested group to preserve the only "world class" recreational fisheries on wild salmon stocks to be found In an urban setting, i.e. the existing fisheries in Southcentral Alaska. UCIDA, on the other hand, is also totally opposed to accepting the premise that more is necessarily better or, for that matter, even consistent with the goal of preserving our existing opportunities and wild stocks of salmon. Sincerely, Theo Matthews, Executive Director cc: Governor Knowles ADF&G Commissioner Frank Rue ADNR Commissioner John Shively Alaska Board of Fisheries Kenaitze Indian Tribe Alaska Center for the Environment A P r•APR 19 ' 95 01:10PM UC IDA 907 293 3306.E 9072625389 P. 3 P.82 April 17, 1995 Governor Tony Knowles, PO Box 110001 Juneau, AK 9981 1-0001 Dear Governor Knowles, I have read and re -read your comments to the Anchorage Chamber of Commerce on Apri 1 10, 1995. I have been involved in fisheries allocation issues for more than twenty years that I have lived on the Kenai I have been appointed by three different Governors to serve on panels, task forces and boards that considered Kenai River issues. I served on the Kenai-Soldotna Fish & Game Advisory Committee for more than 13 years and served a three year term on the Alaska Board of Fisheries, elected to the vice-chairman position. l operated my own CPA practice in Soidotna for more than twenty years. I served as president of the Greater Soidotna Chamber of Commerce and served on their Board for many years. During this time. I have been involved with and viewed the conflicts or the Kenai River from many perspectives. My only financial involvement during this time period was derived from my employment as a Kenai River fishing guide for a two year period during the mid 70's. I have never earned any income from any commercial fishing activity.. The process of the Alaska Board of Fisheries has evolved over a long period of time. The Board's effectiveness and public trust have been at all time highs during Administrations that allowed the process to operate outside the political arena, as it was intended to operate. The process is at a disadvantage when an Administration burdens the Board with a political agenda. Allocation conflicts occur statewide and each area of the State views their allocation concerns as the most vital. Allocation decisions are arrived at by the Board of Fisheries only after days of public testimony, staff reports, and lengthy deliberations by all Board members, The Board must apply specific allocation criteria to each aliocative decision it makes to insure consistency on a statewide basis. it is difficult to perceive the extent of all considerations until you have sat through ten to twenty straight days of a complete meeting, After reviewing the text of your presentation, I tees compelled to comment. Your commitments to put more fish in the rivers and provide A P PPR 19 ' 95 01: 10PM UC I DA 907 283 3306 E 9 9 7 2 6 2 5 3 8 9 P. 4 P.03 better access are presumptuous and subjective, I have listened to equally convincing arguments on both sides of these Issues and I am convinced only that the best political solution might not be the best biological solution. According to the latest figures available, Fisher,y Data 5gries No. 94-28, Harvest. Catch. and Participation in Alaska 5Dort Fishe ies During 1993. a total of 230,594 sockeye salmon were caught from the Kenai River during 1993 by guided and nonguided anglers. These anglers harvested only 137,179 of these sockeye. More than 409 of the catches were released. This statistic does not support a lack of opportunity to put a salmon on the dinner table, Is it possible the larger issue is that by restricting commercial sockeye fishing in Cook Inlet, more chinook salmon become available in -river for certain individuals? I applaud without reservation your commitment to protect Cook Inlet stream habitat. We do not have to look far to see once rich salmon systems that no longer have allocation conflicts as a result of man-made habitat destruction, am most distressed with your apparent end run around the Alaska Board of Fisheries. Confidence in the public process results from open, objective consideration of issues providing the basis for decisions of the Board only after all available information Is presented and all public testimony has been heard. The Board attempts to make the most responsible biological decisions. Some decisions lack political correctness. For this reason, the Boards of Fisheries and Game were separated from the political process by an earlier Administration. The proof of the success of this decision and this process Is clear, as you highlighted by pointing out the dramatic increase in statewide salmon harvests over time. You further state "that there is no longer a broad public acceptance of existing allocation priorities in Cook Inlet" Was there ever? Will any faction be satisfied with less than 1009 of the resource? My experience tells me that the resource is likely to disappear before the allocation conflict will. Your statement "Frustrated fishermen are starting to go around the fairest process we have in place - the board process - appears to show a lack of support for such action, However, your plan to put more fish in the rivers "within the Board process" is a glaring example of Political interference in the Board allocation process. First, it displays your position that the present Board process is not working. Secondly, it assumes a facilitator could study and understand the dynamics of the total Cook Inlet salmon fishery in a short period of time and find solutions A P FAPR 19 ' 95 01: 11PM UCIDA 907 283 3M& 6 9072625389 P.5 P.O* that have eluded ail others in the past. Third, it begs the question since you have already proposed the solutions. This will further erode public confidence and place the facilitator in an adversarial position with the Board and the managers, who must now defend their actions to the person who appointed or employs them. The pub] is and the Board deserve better. Board members often f ind themselves in a no -win situation and they strive to make sound decisions and withstand unending criticism. The last thing they need is a Governor fanning the flames. The Alaska Board of Fisheries process is the envy of every other state manager I have ever met. The process can only work if It is allowed to operate outside the political arena, Sincerely, r Irving R. Carlisle PO Box 2349 Soldotna, AK 99669 (907) 262-5389 HPK':APR 19 "'95 "81": 11PM UCIDA 907 283 3306 FMA 11U, UU 1 CDL LOaO P.6 r, ut t '1. 4. Komi Fenirisu" 1a1 Warkiei To E s' ' ' T A 4/ O.f w V_ ESL_ _ _ f___ !J _ • .. u �••.1 lk.fty .+c,.&n ..uuw - jaaae c - 3aiaarnd " Alaska • 99669 • (907) 262-2492 April 12, 1995 Commissioner Frank Rue Alaska Department of Fish and Game P.O. Box 25526 Juneau, AK. 99802-5526 Dear Commissioner Rue, I was very concerned with the Governor's "more fish" message given at the Anchorage Chamber of Commerce on Monday. Evidently, the Governor does not understand the inconsistency of his message. While he says he wants to protect Kenai River habitat he is doing the very thing which will ultimately destroy it. He does not seem to understand the simple formula: MORE FISH = MORE PEOPLE = MORE HABITAT DAMAGE The Governor has now usurped the recent Board of Fisheries action to form a technical task force to examine how the in -river fishery can be conducted without causing habitat damage. His facilitator project appears to be putting the "cart before the horse" The Governor also is not listening to biologists from the Habitat, Commercial Fish and Sport Fish Divisions of your Department. They are AU on record issuing warnings that more fish will cause more habitat damage in the Kenai! Does the Governor think that putting large amounts of money into access is in some way going to help save this river? Facilities, access points, campgrounds etc, on the Kenai River are presently at capacity. Providing more access will not alleviate the current situation, it will simply allow more people to access the already overcrowded river. Any restriction that is responsive to habitat concerns - I.e. fishing from board walks or gravel bars - will tend to reduce in -river harvest capability of the recreational fishery. The Governor should read two reports to help gain the perspective he needs to provide leadership on this issue: (1) "Kenai River Carrying Capacity" by ADNR (2) "An Assessment of the Cumulative Impacts of Development and Human Uses on Fish Habitat in the Kenai River" by ADF&G. If, after reading these two reports, the Governor still decides the answer is more fish in the river, then we have a bigger problem than I thought. He will be the Uny = to make this conclusion of those who have studied the situation closely. HYK' 1APR 19 �'195 ~ 01:12PM UCIDA 907 283 3306 P. 7 �. U3 rnA nu, our coc caaa KPFA April 12, 1995 Page 2 of 2 I do support the Governor's habitat mainenance and restoration program which utilizes $ 770,000 of the $1.0 million NMFS grant. However, I am concerned about continued funding of the Kenai River escapement evaluation, lake assessment, and lirnnology studies. These programs are especially critical at a time when the Governor is promoting more fish In the river which will ultimately lead to overescapeinent and potential collapse of the system. I recently saw a document which outlined proposed Department program cuts aimed at meeting legislative reductions in the CFD budget. It appeared that the Lake Research Program was a high priority for cuts and was in fact taking a disproportional share of the proposed reduction to CFD. I am concerned that a $00,000 cut in this program would effectively eliminate the Department's ability to evaluate escapement goals in the Kenai River system as well as other critically Important systems throughout the state. Finally, I do not appreciate the position the Governor has placed you and the Department in by his obvious attempt to Intervene In the Board of Fisheries process. BOF members are appointed by the Governor and will undoubtedly feel substantial pressure to endorse any plan that bears the Governor's stamp of approval. The line between the Governor's authority and that of the BOF has been inappropriately crossed and now the Department has been drawn into an arena In which it does not belong - the allocation arena. The Department's contract with a third party facilitator will be critical. I would hope that you can personally oversee the drafting of this contract and do everything you can to keep allocative issues from becoming part of the charge. If the focus is on improved Information and management issues, and if a fair and impartial facilitator is contracted, then perhaps the Board of Fisheries process has a chance to survive. Sinc ely, Loren Flagg Executive Director cc; Governor Tony Knowles Lt. Governor Fran Ulmer Kenai Peninsula Legislators BOF Chair Larry Engle CFD Director Bob Clasby Kenai Mayor John Williams Kenai Penin. Borough Mayor Don Gilman United Fishermen of Alaska United Cook Inlet Drift Assoc. SENT BY:ANCHORAGE 4-17-95 ;10:17AM ; 9075615134-► Office of the Governor Office of Management and Budget Division of Governmental Coordination 3601 'C' Street, Suite 370 Anchorage, AK 99503.5930 Telephone: (907) 561.6131 Fax: (907) 561-6134 facsimile TRANSMITTAL to: Thomas A. Young from: Maureen McCrea re: Start -the Clock date: .April 17, 1995 time: 10:00 pages: 3 Post -It"' brand fax transmittal memo 7M N of Pao•• � Dept. r Phone !� - *A y � ___J D1 V 10"M Post -It'" brand fax transmittal memo M N a Payee • Dept. Phone - ©! ax Mr. Dick Troeger, Kenai Peninsula Borough, notified the Division of Governmental Coordination that your response to the KPB's questions satisfied its need for additional information. As a result, the review dock has_ been restarted on day 33. A revised Project Information Sheet has been attached. Comments are due to DGC on April 18, 1995. Cc: Mr, BIII Abadie, U.S. COE Mr. Tim Smith, SHPO, DNR, Anchorage Mr. Lary Bullis, DNR, Anchorage Ms. Carol Jo Banner, DOTPF, Anchorage Mr. Don McKay, DF&G, Anchorage Ms. Elaine Pistoresi, DEC, Anchorage Mr. Mark Stahl, Chugach Alaska Corporation, Anchorage Honorable Don Gilman, Mayor, Kenai Peninsula Borough, Soldotna Ms. Harriet Wegner, KPBCMP Coordinator, Kenai Peninsula Borough, Soldotna Ms. Heather Dean, EPA, Anchorage Ms. Chda Titus, Superintendent, State Parks, Dept. of Natural Resources, Soldotna Ms. Tamara Smld, Upper Cook Inlet Development Foundation, Beluga Duane H. Harp, District Ranger, Seward Ranger District, U.S. Forest Service, Seward Lary Smith, Cooper Landing Honorable John Williams, Mayor, City of Kenai Mr. Jack LaShot, City Engineer, City of Kenai SENT_BY:ANCHORAGE ; 4-17-95 ;10:18AM 9075616134-► 907 283 30144 2 DEC Tim Rumfelt 563-6529 DFG Don McKay 267-2284 DNR Larry Bullis 762-2249 COE Bill Abadie 753-2712 PROJECT INFORMATION SHEET PROJECT TITLE: Kenai River 302 (Pillars) STATE I.D. NUMBER: AK 9501-23AA DOC CONTACT; Maureen McCrea Phone: 561-6131 Fax: 561-6134 APPLICANT/PROPONENT: Alaska Department of Natural Resources AGENT: Thomas A. Young Phone: (907) 762-2645 Fax: (907) 561-5382 DIRECT FEDERAL ACTION: N REVIEW TYPE: CONSISTENCY ACTIVITY TYPE: PUBLIC FACILITIES PROJECT LOCATION: Neatest Coastal District: Kenai Peninsula Project is INSME/LANDWARD the District Boundary District Plan Approved: Y Latitude OD OM OS Longitude OD OM OS Township SN Range 10W Section 7 REVIEW SCHEDULE: 50 DAYS REVIEW MILESTONES: Day 1: 02/16/95 Reviewer Request for Add'l Info: 03/13/95 Comments Due To DGC: 04/18/95 Notification To Applicant: 04/29/95 Decision Deadline: 05/04/95 Meridian SM USGS Map PROJECT PREVIOUSLY REVIEWED UNDER STATE I.D. NO. AK AK9404-17AA STATE APPROVALS (AGENCY, APPROVAL TYPE AND NUMBER): DFG FISH HABITAT PERMIT DEC CERTIFICATION DEC WASTEWATER DISPOSAL PR94-013-WW NOTICE TO REVIEWERS: Distribution of applications for appropriation of water constitutes DNR's agency notice under AS 46.15: Separate notice from DNR discontinued beginning January 1991. FEDERAL APPROVALS (AGENCY, APPROVAL TYPE AND NUMBER): COE SECTION 404 COE SECTION 10 REQUESTOR FOR EXTENSION: Kenai Peninsula Borough ELEVATION TO: ELEVATED BY: CLOCK STOPPED ON: 03/21/95 REASON#: Additional information related to 10 pol CLOCK RESTARTED ON: 04/17/95 REQUESTOR: KPB ACTION AT CLOSEOUT: Closeout Date: District Comments Received: For Conclusive Consistency Determinations: For Other Reviews: Comments Submitted: ADDITIONAL COMMENTS: 8 #!VLOE E9L LO6 +-V8L9L99L06 Wd9L:Ol: 96-LL-V 3DVHOHONd:A9 1N3S 1791 - 1"1 CM OF KENAI . "Ccl Cgdal 06 {{tea' FA TO 210 Fidalgo, Suite 200 Kenai. Alaska 99611-7794 Phone 907-283-7535 Fax 907-283-3014 Date Namher of Pages L B. C. AGENDA KENAI CITY COUNCIL - REGULAR MEETING APRIL 19, 1995 7:00 P.M. KENAI CITY COUNCIL CHAMBERS SCHEDULED PUBLIC COMMENT (10 Minutes) 1. Peggy Gill Thompson - Roof Repair - Kenai Fine Arts Building. PUBLIC HEARINGS 1. Ordinance No. 1639-95 - Increasing Estimated Revenues and Appropriations by $11,000 in a New Capital Project Fund Entitled "S.T.P. - Disinfection/Safety Program." a. Remove Ordinance No. 1639-95 from the table. b. Substitute with Ordinance No. 1639-95 - Increasing Estimated Revenues and Appropriations by $36,000 in a New Capital Project Fund Entitled "S.T.P. - Disinfection/Safety Program." C. Award of Professional Engineering Contract to Vasey Engineering/$36,000 (see memo/motion). 2. Ordinance No. 1640-95 - Increasing Estimated Revenues and Appropriations by $4,967 for the Airport Drainage and Safety Capital Project Fund. 3. Ordinance No. 1641-95 - Increasing Estimated Revenues and Appropriations by $100,000 in a New Capital Project Fund for Public Restrooms. 4. Ordinance No. 1642-95 - Increasing Estimated Revenues and Appropriations by $60,000 in the General Fund for Legal Expenses Related to Inlet Woods Special Assessments. 5. Ordinance No. 1643-95 - Increasing Estimated Revenues and Appropriations by $3,200 in the General Fund for Library Books. 6. Ordinance No. 1644-95 - Increasing Estimated Revenues and Appropriations by $24,000 in the General Fund for Playground Equipment and Paths for Handicap Access. a. Motion for Introduction b. Motion for Second Reading (Requires a Unanimous Vote) C. Motion for Adoption 7. Resolution No. 95-15 - Awarding a Contract for Furnishing Playground Equipment to Division 10 Products, Inc. for the Total Amount of $20,000.00 Which Includes the Basic Bid. 8. Resolution No. 95-16 - Supporting the Establishment of a Business Innovation Center Within the Boundaries of Kenai Peninsula Borough by the Kenai Peninsula Borough Economic Development District, Incorporated (EDD). 9. Resolution No. 95-17 - Transferring $2,275 in the Mission Street Capital Project Fund for Surveys on Mission and Overland Streets. The public is invited to attend and participate. Carol L. Freas City Clerk COUNCIL PACKET DISTRIBUTION COUNCIL MEETING DATE: %/O,/, �, Mayor and Council Fire Department ti Police Department Senior Center Library Parks & Rec. , Attorney I--- City Manager -- Finance Public Works Airport ✓ Clerk K . Woodford J. La Shot B. Springer L. Harvey Kim `"�-- Clarion � AGENDA DISTRIBUTION Commissions Borough Clerk Chamber Airport(LH) Assembly (3) HEA Aging(LH) Public Wks. Sec. Animal Control Library(LH) Public Wks. Shop Dock (Season) Harbor(KW) Bldg. Maintenance STP Pks & Rec. (LH) Bldg. Official Legal Sec. P&Z(LH) Streets HEA Anchorage News KSRM Dan Conetta, KPB Cen.Labor Planning Dept. Bulletin Board ARCO DELIVER Council Packets to Police Department Dispatch desk. The Clarion picks their packet usually on Mondays. The portion of the agenda published by the Clarion is faxed before 5:00 p.m.