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HomeMy WebLinkAbout1995-04-05 Council PacketKenai City Council Meeting Packet April 5, 1995 AGENDA RENAI CITY COUNCIL - REGULAR MEETING APRIL 5, 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. Ted Knight - Cunningham Park Proposed Expansion. 2. Henry Knackstedt - Proposed Camping Area South of Floatplane Basin. C. 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- D. 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. S. 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. 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 E. MINUTES Committees 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 1. Citizens (five minutes) 2. Council K. ADJOURNMENT -4- MAYOR'S REPORT MARCH 15, 1995 COUNCIL MEETING REQUESTED CHANGES TO THE AGENDA BY: 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. PEN. BLDRS. ADD TO: ADD TO: ADD TO: D-7, Miscellaneous Committees - Application of Barb Nord for placement on the Beautifi- cation Committee. CLERK D-7, Miscellaneous Committees - Diane Rathman letter of resignation from Townsite Historic Board. CLERK 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.) WALTERS & ASSOCIATES LAST FRON. LAST FRON. I-1, Mayors Report - 3/28/95 Governor Knowles letter regarding SB137 and HB270 (retirement incentive programs). WILLIAMS I-1, Mayors Report - KPB Ordinance No. 94-52 (Substitute). WILLIAMS CHANGES TO THE CONSENT AGENDA MAYOR'S REPORT 1. Sisters -City Relationship grant proposal for Okha. COUNCIL MEETING OF iii � immm/M FOR M S V WILLIAMS BOOKEY SWARNER MONFOR MEASLES BANNOCK SMALLEY r M S V WILLIAMS BOOKEY SWARNER MONFOR MEASLES BANNOCK SMALLEY 4v 017_ M 8 V WILLIAMS BOOKEY SWARNER ZV MONFOR MEASLES BANNOCK SMALLEY l6 r M S V WILLIAMS BOOKEY SWARNER Al MONFOR MEASLES BANNOCK SMALLEY 4,- 3 _ �r M S V WILLIAMS BOOKEY SWARNER MONFOYt MEASLES BANNOCK SMALLEY 0 M S V If WILLI S BOOKEY SWARNER MONFOR MEASLES BANNOCK SMALLEY Ad M 8 V WILLIAMS BOOKEY SWARNER MONFOR MEASLES BANNOCK ./ SMALLEY Al IY� 01� M S V WILLIAMS BOOKEY N SWARNER MONFOR MEASLES BANNOCK SMALLEY M 8 V WILLIAMS BOOKEY SWARNER MONFOR MEASLES BANNOCK SMALLEY M S V WILLIAMS ' BOOKEY N SWARNER MONFOR MEASLES BANNOCK SMALLEYL—L ✓�'��'dj70-n — M S V WILLIAMS Al BOOKEY SWARNER MONFOYt MEASLES BANNOCK SMALLEY Axl M S V WILLIAMS BOOREY SWARNER MONFOR MEASLES BANNOCK SMALLEY M S V WILLIAMS BOOREY SWARNER MONFOR MEASLES BANNOCK SMALLEY M S V WILLIAMS BOOREY SWARNER MONFOR MEASLES BANNOCK SMALLEY M S V WILLIAMS BOOREY SWARNER MONFOR MEASLES BANNOCK SMALLEY !7 3 ' M S V WILLIAMS BOOREY SWARNER MONFOR MEASLES BANNOCK SMALLEY M S V WILLIAMS BOOREY SWARNER MONFOlt MEASLES BANNOCK SMALLEY 6-1 MEMORANDUM TO: Mayor and Councilmembers FROM: Carol L. Freas, City Clerk City of Kenai DATE: March 29, 1995 RE: OBJECTION TO EXPANSION OF CUNNINGHAM PARK Ted Knight On March 29, 1995, Ted Knight came to City Hall and requested to be placed on the agenda for the April 5, 1995 council meeting. When speaking with Mr. Knight, he told me he objected to the expansion of Cunningham Park. He owns neighboring property (noted on the attached map) and feels the expansion will devalue his property by approximately $200,000. Mr. Knight also stated he is concerned there will be additional noise that will occur due to the additional parking spaces for cars, campers, etc. Knight stated he would want a fence placed dividing his property from the park to stop trespassing onto his property. Mr. Knight also stated his concern that as a neighboring property owner, he was not personally informed of the proposed expansion. I talked with Jack La Shot about my conversation with Mr. Knight. Jack stated at this time there has been no notification that the City's grant application has been approved. Also, this is a preliminary design and the parking lot and boardwalk may be altered allowing for a natural ground -cover barrier between the park and Knight's property. The fence could also be added. If the grant is approved and funding is received, the project would have to go through the normal review and approval steps with the Planning & Zoning Commission, etc. Jack was going to call Mr. Knight and discuss his concerns with him. clf �---- VEA VER Loop p rr� 4 04 - ---- -- - �A 1161tiC fT ill i JA[ISI EXISTING PI ATOROU14D r � �5 ENTRY KIOSKS VIFWI11l; STATION. 4-t.3 BOARDWALK -- ----�RIVPR ACCESS+STAIRS a e a ♦ a a �`��-� ROSION/UANK 141011 C I lON KENAI RIVER CUNNINGHAM PARK EXPANSION PROJECT April 5, 1995 City of Kenai 210 Fidalgo Kenai, Alaska 99611 Re: Elie Expansion of Cunningham Park. Attcntion: 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. ri-liat was the reason I dropped the idea of installing the RV Park. S1 , 4atxick J. Doyle HCQ1 Box 1225 Kenai, Alaska 99611 e-1 Suggested B;. Planning & Zoning CITY OF KENAI ORDINANCE NO. 1634.95 AN ORDINANCE OF THE KENAI CITY COUNCIL AMENDING KMC 14.20.320 (B) (42) DEFINITIONS. WHEREAS, KMC 14.20.320 (b) (42) deals with definitions pertaining to Chapter 14.20 Kenai Zoning Code; and, WHEREAS, KMC 14.20.320 (b) (42) definitions general interpretation reads: "lot, comer" means a lot situated at the junction of, and bordering on, two intersecting streets. WHEREAS, this interpretation has caused confusion in the past; and, WHEREAS, the Building Official and Kenai Planning and Zoning have recommended the code be changed to avoid confusion in the future. "lot, corner° means a lot situated at the junction of, and bordering on, two intersecting streets, two platted right-of-ways, two government easements, or any combination thereof. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5th day of April, 1995. ATTEST: Carol L. Freas, City Clerk JOHN J. WILLIAMS, MAYOR First Reading: March 15, 1995 Second Reading: April 5, 1995 Effective Date: May 5, 1995 CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION PZ 95-4 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION RECOMMENDING THE KENAI CITY COUNCIL AMEND KMC 14.20.320 (B) (42) DEFINITIONS GENERAL INTERPRETATION. WHEREAS, KMC 14.20.320 (b) (42) deals with definitions pertaining to Chapter 14.20 Kenai Zoning Code; and, WHEREAS, KMC 14.20.320 (b) (42) definitions general interpretation reads: "lot, corner" means a lot situated at the junction of, and bordering on, two intersecting streets. WHEREAS, this interpretation has caused confusion in the past; and, WHEREAS, the Building Official has recommended the code be changed to avoid confusion in the future. NOW, THEREFORE, BE IT RESOLVED, that the Planning and Zoning Commission recommend the Kenai City Council amend KMC 14.20.320 (b) (42) to read: "lot, corner" means a lot situated at the junction of, and bordering on, two intersecting streets, two platted right-of-ways, two government easements or any combination thereof. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, the 25th day of January, 1995. CHAIRMAN ATTEST: Loret ey, Administrative Assistant A:ILUTADD Suggested By: Planning & Zoning CITY OF KENAI ORDINANCE NO. 1635-95 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AMENDING THE KENAI MUNICIPAL CODE LAND USE TABLE ADDITIONAL REQUIREMENTS. WHEREAS, KMC Land Use Table Additional Requirements (Page 14-72) deals with requirements in regard to 14.20 Kenai Zoning Code; and, WHEREAS, KMC Land Use Table Additional Requirements reads: Yards for Corner Lots : The minimum side yard on the street side of a corner lot shall be the same as the minimum front yard required for that zone. WHEREAS, this interpretation has caused confusion in the past; and, WHEREAS, the Building Official and Kenai Planning and Zoning have recommended the code be changed to avoid confusion in the future; and, NOW, THEREFORE, BE IT RESOLVED, that the Kenai City Council amend KMC Land Use Table Additional Requirements to read: Yards for Corner Lots : The minimum side yard on the street side, or platted right-of-way, or government easement, of a comer lot shall be the same as the minimum front yard required for that zone. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5th day of April, 1995. ATTEST: Carol L. Freas, City Clerk JOHN J. WILLIAMS, MAYOR First Reading: March 15, 1995 Second Reading: April 5, 1995 Effective Date: May 5, 1995 CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION PZ 95-5 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION RECOMMENDING THE KENAI CITY COUNCIL AMEND KENAI MUNICIPAL CODE LAND USE TABLE ADDITIONAL REQUIREMENTS. WHEREAS, KMC Land Use Table Additional Requirements (Page 14-72) deals with requirements in regard to 14.20 Kenai Zoning Code; and, WHEREAS, KMC Land Use Table Additional Requirements reads: Yards for Comer Lots : The minimum side yard on the street side of a corner lot shall be the same as the minimum front yard required for that zone. WHEREAS, this interpretation has caused confusion in the past; and, WHEREAS, the Building Official has recommended the code be changed to avoid confusion in the future. NOW, THEREFORE, BE IT RESOLVED, that the Planning and Zoning Commission recommend the Kenai City Council amend KMC Land Use Table Additional Requirements to read: Yards for Corner Lots: The minimum side yard on the street side, or platted right- of-way, or government easement, of a corner lot shall be the same as the minimum front yard required for that zone. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, the 25th day of January, 1995. ATTEST: CHAIRMAN Loretta Ha e , ministrative Assistant A:ILUTADD C-3 Rea .___ Planning & Zoning Commission Historic District Board CITY OF KENAI ORDINANCE NO. 1636-95 AN ORDINANCE OF THE KENAI CITY COUNCIL AMENDING THE KENAI MUNICIPAL CODE 14.20.105 (C) (4) TOWNSITE HISTORIC (TSH) ZONING DISTRICT, HISTORIC DISTRICT BOARD DUTIES. WHEREAS, the City of Kenai was granted Certified Local Government (CLG) status as of February 7, 1995; and, WHEREAS, KMC 14.20.105 (c) (4) Townsite Historic (TSH) Zoning District, Historic District Board Duties requires a survey of the historic, architectural and archaeological resources within the community be updated every ten years; and, WHEREAS, the United States Department of the Interior National Park Service Regional Director has suggested the Board may want to consider the benefits of updating their local survey more often than once every ten years; and, WHEREAS, the Planning and Zoning Commission and Historic District Board recommend the code be changed in light of this recommendation; and, NOW, THEREFORE, BE IT RESOLVED, that KMC 14.20.105 (c) (4) Townsite Historic (TSH) Zoning District, Historic District Board Duties be amended as follows: The Board shall conduct or cause to be conducted a survey of the historic, architectural, and archaeological resources within the community. The survey shall be compatible with the Alaska Heritage Resources Survey and able to be readily integrated into statewide comprehensive historic preservation planning and other planning processes. Survey and inventory documents shall be maintained to protect the site location(s) from possible vandalism. The survey shall be updated [EVERY TEN YEARS] annually. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the fifth day of April, 1995. ATTEST: Carol L. Freas, City Clerk MAYOR JOHN J. WILLIAMS 1st Reading: March 15, 1995 2nd Reading: April 5, 1995 Effective Date: May 5,1995 CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION PZ 95-11 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION RECOMMENDING THE KENAI CITY COUNCIL AMEND KENAI MUNICIPAL CODE 14.20.105 TOWNSITE HISTORIC (TSH) ZONING DISTRICT (C) HISTORIC DISTRICT BOARD DUTIES (4). WHEREAS, the City of Kenai was granted Certified Local Government (CLG) status as of February 7, 1995; and, WHEREAS, KMC 14.20.105 Townsite Historic (TSH) Zoning District (c) Historic District Board Duties: (4) reads; The Board shall conduct or cause to be conducted a survey of the historic, architectural, and archaeological resources within the community. The survey shall be compatible with the Alaska Heritage Resources Survey and able to be readily integrated into statewide comprehensive historic preservation planning and other planning processes. Survey and inventory documents shall be maintained to protect the site location(s) from possible vandalism. The survey shall be updated [EVERY TEN YEARS]. WHEREAS, the United States Department of the Interior National Park Service Regional Director has suggested the Board may want to consider the benefits of updating their local survey more often than once every ten years; and, WHEREAS, the Historic District Board recommends the code be changed in light of this recommendation; and, NOW, THEREFORE, BE IT RESOLVED, that the Planning and Zoning Commission recommend the Kenai City Council amend KMC 14.20.105 Townsite Historic (TSH) Zoning District (c) Historic District Board duties (4). The Board shall conduct or cause to be conducted a survey of the historic, architectural, and archaeological resources within the community. The survey shall be compatible with the Alaska Heritage Resources Survey and able to be readily integrated into statewide comprehensive historic preservation planning and other planning processes. Survey and inventory documents shall be maintained to protect the site location(s) from possible vandalism. The survey shall be updated annually. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, the 8th day of March, 1995. / CHAIRMAN ATTEST: Lem to Harvey, AdministraOve Assistant Recommende..Loy. Planning & Zoning Commission Historic District Board CITY OF KENAI ORDINANCE NO. 1637-95 AN ORDINANCE OF THE KENAI CITY COUNCIL AMENDING THE KENAI MUNICIPAL CODE 14.20.105 (M) (4) TOWNSITE HISTORIC (TSH) ZONING DISTRICT, DEFINITIONS. WHEREAS, the City of Kenai was granted Certified Local Government (CLG) status as of February 7, 1995; and, WHEREAS, KMC 14.20.105 (m) (4) Townsite Historic (TSH) Zoning District, definitions reads; Certified Local Government - A local government "that has been certified to carry out the purposes of the National Historic Preservation Act." WHEREAS, the United States Department of the Interior National Park Service Regional Director has suggested the Board may want to amend KMC 14.20.105 (m) (4) to clarify the Board is carrying out the purposes of section 101 (b) and not the entire National Historic Preservation Act; and, WHEREAS, the Planning and Zoning Commission, and Historic District Board recommends the code be changed in light of this recommendation: NOW, THEREFORE, BE IT RESOLVED, that KMC 14.20.105 (m) (4) Townsite Historic (TSH) Zoning District, Definitions be amended as follows: Certified Local Government - A local government "that has been certified to carry out the purposes of section 101 (b) of the National Historic Preservation Act." PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the fifth day of April, 1995. ATTEST: Carol L. Freas, City Clerk MAYOR JOHN J. WILLIAMS 1st Reading: March 15, 1995 2nd Reading: April 5, 1995 Effective Date: May 5, 1995 CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION PZ 95-12 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION RECOMMENDING THE KENAI CITY COUNCIL AMEND KENAI MUNICIPAL CODE 14.20.105 TOWNSITE HISTORIC (TSH) ZONING DISTRICT (M) DEFINITIONS (4). WHEREAS, the City of Kenai was granted Certified Local Government (CLG) status as of February 7, 1995; and, WHEREAS, KMC 14.20.105 Townsite Historic (TSH) Zoning District (m) definitions (4) reads; Certified Local Government - A local government "that has been certified to carry out the purposes of the National Historic Preservation Act." WHEREAS, the United States Department of the Interior National Park Service Regional Director has suggested the Board may want to amend KMC 14.20.105 (m) (4) to clarify the Board is carrying out the purposes of section 101 (b) and not the entire National Historic Preservation Act; and, WHEREAS, the Historic District Board recommends the code be changed in light of this recommendation: NOW, THEREFORE, BE IT RESOLVED, that the Planning and Zoning Commission recommends the Kenai City Council amend KMC 14.20.105 Townsite Historic (TSH) Zoning District (m) definitions (4) to read; Certified Local Government - A local government "that has been certified to carry out the purposes of section 101 lbl of the National Historic Preservation Act.' PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, the 8th day of March, 1995. ATTEST: CHAIRMAN L 23 Loretta Harvey, Admin' trative Assistant C:\WPDOCS\TSHRES Lnitea States Department or the Interior REPLI-?.i-R ?0 3 6 (ARO-RCR) \ATIO\.:.L ?..Rh SERt-TCE .lau:a nevonai Office G inre!i Street. Room iv; -.11cnoraze.. `_"bLa 'j!4503-`_'SUn Ms. : udith B ittn er FS State Historic Preservation off icer State of Alaska Depart=ent of Natural Resources P.O. Box 107001 Anchorage, Alaska 99510-7001 Dear :pis. 31ttner: RECEIVED __9 0 7 1995 On December 27, 1994, we received the City of Kenai application for certification as a Certified Local Government CLG). We have reviewed it and concur with you that the city is in compliance with the requirements of the Alaska CLG program which has been approved by the Secretary of the Interior in accordance with section 101(b) of the National Historic Preservation Act of 1966, as amended. We would, however, make the following recommendations regarding the Townsite Historic Zoning District Ordinance. '::c Rlstrict- Board may want-ta: consider- the benefits- of updating,. their local survey more_. ofttsn- than once every- tan yearsc Properties already in their survey that have National Historic Landmark status could be identified as such. Also, under the definition- of a. Certif i,ed_ Local,_. Government;__ the-- gar -should clarify that. they are only., carrylzg-Q�the"-purposes of^�suct-ion 101-(b) , and -not the• entire Nattona•1 Historic Preservation -Act, 7he Certified Local Government Participant Agreement Needs to be included with this application. The effective date of certification will be the date of signature by the State Historic Preservation Officer or the local government, whichever is last. This is in accordance with the National Register Program Guidelines, NPS-49, 9.4. Please forward the National Park Service a copy of the signed agreement and inform us of the effective date of certification. Thank you for your attention to this program. If you have any questions, please call Sandra Faulkner at 257-2547. Sincerely,( fXq_Robeit Barbee ( Regional Director cc: Stephen Morris, WASO �I ,J Suggested by: City of Kenai ORDINANCE NO. 1638-95 Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $10,757.57 IN THE GENERAL FUND FOR A SURVEY OF THE KENAI TOWNSITE HISTORIC DISTRICT. WHEREAS, the State of Alaska has awarded the City of Kenai a grant of federal funds in the amount of $6,024.24 to survey the Kenai Townsite Historic District; and WHEREAS, the City must match the grant with $4,733.33. 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: State Grant $ 6,024.24 Appropriation of Fund Balance 4,733.33 $10,757.57 Increase Appropriations: Planning & Zoning - Professional Services 10,757.57 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5th day of April, 1995. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: March 15, 1995 Adopted: April 5, 1995 Effective: April 5, 1995 Approved by Finance: R q (3/9/95) kl PROTECT BUDGET In the following space er..er the oroposea b"Cleet for your Droiect. BUDGET CATEGORY SOURCE OF FUNDS Personal Services Federa: Snare Aonlicant's Share Total TraveirPer Diem Contractual Services 6, 0 2 4. 2 4 4,733.33 10,757.57 S uppiies TOTAL DIRECT COSTS ....................................... 10,757.57 10% STATE SURCHARGE .............. . ....................+ 1.075.76 .*TOTAL PROJECT COSTS APPLICANT'S TOTAL S HARE = 40%(Inciude below left) .............. - 4,733.33 FEDERAL SHARE = 50%(Include below right) ................... — 7. 10 0. 0 0 LESS 10% STATE SURCHARGE .............................. TOTAL PARTICIPANT RECEIPT 6,024.24 (Amount sponsor is reimbursed) Proposed Source of Funas: APPLICANT **at least 40 % of total Cleariv identifv the source of funds Le.cash. in -kind project costs) and donaucn. Donations cannot exceed 40% of the total project costs. Sponsors will be reimbursed for cash expenditures up to 60% of total project costs. CASH EXPENDITURES 4. 7 less the state surcharge. IN-K ,TD GOODS AND SERVICES + 0 DONATED GOODS AND SERVICES + 0 APPLICANT'S TOTAL SHARE =a _. 7—.� TOTAL FEDERAL SHARE = 7 ,10 0.0 0 7 TONY KNOWLES, GOVERNOR '�r�� 3601 C STREET, SUITE 1200 U 1 ANCHORAGE, ALASKA 99503-5921 PHONE: (907) 762-2600 FAX: (907) 762-2535 DEPARTMENT OF NATURAL RESOURCES DIVISION OF PARKS AND OUTDOOR RECREATION �C ' ' March 1, 1995 Re: FY'95 Historic Preservation Fund Grant Program Thomas J. Manninen City Manager City of Kenai 210 Fidalgo Avenue, Suite 200 Kenai, AK 99611-7794 Dear Mr. Manninen: The Alaska Historical Commission met February 9-10, 1995 and reviewed applications from Certified Local Governments for FY'94 and FY'95 Historic Preservation Fund grants. They voted to award the City of Kenai $7,100.00 to survey the Kenai townsite historic district. The amount awarded is less than you requested. Before a grant agreement is drafted, I need to know whether or not you will accept the award, what work will be done, and a budget for the work. The commission members recommended the scope of work be defined as a building survey and address the area within the historic townsite boundaries. Your project description must include: 1) identification of the types of properties to be surveyed, 2) an estimate of the number of properties to be surveyed, 3) a plan for how you will contact and work with property owners, and 4) a description of the final product. For the budget, I have calculated the federal share and amount of participant receipt. Please submit the requested information to me by March 24, 1995. As a reminder, no grant funds can be committed or spent for this project before we have an executed grant agreement. 1970 - 1995 Celebrating 25 Years of Alaska State Parks If you have any questions regarding the grant award, please contact me at 762-2626 or Haas, Grant Administrator, at 762-2608. Renee Sincerely, E. Bittner State Historic Preservation Officer enclosure cc: Carol Freas, City Clerk Dorothy Gray, Chair, Kenai Historic District Board Suggested by: Public Wor: 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: (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 �t"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 ^;5 1077 Alaska Department of Labor Labor Standards & Safety Occupational Safety and Health P.O. Box 107022 Anchorage, Alaska 99510 Phone: (907) 269-4940 FAX K6tiM64 (907) 269-495W'', INVOiI DEBT COLLECTION NOTICE Company Name: Kenai City of Inspection Site: 1450 Kenai Avenue, Kenai, AK 99611 Issuance Date: 02/07/95 Summary of Penalties for Inspection Number 124076597 Citation 1, Serious = $ 875.00 TOTAL PROPOSM PENALTIES = $ 875.00 Tn avniri nciditinnal rharve_c, lease remit navmPnr nrmmptiv to the ahnve arirjrecc fnr the tntg] mmm„nt of the 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 less 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 Attornev 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 LC/CC 07204709-70709520 Z - � /,),5 Date Page 1 of 1 �� 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 1:11 or r,�r r' �a F Inspection Number: 124076597 Inspection Date(s): 12/05/94 - 12/05/94 Issuance Date: 02/07/95 Inspection Site: Me 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 otherwise 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 ri f T %3 :.:: i i A""• (Rev. 10/94) PAG E 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 Commissioner 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 writing that you intend to contest the citation(s) and/or proposed pgnalty(ies) within 15 worldpg days after receipt the citation(s) and the proposed pgnalty(ies) will become a final order of the Occupational Safety and Health Review Board and may not be reviewed by any court or agency. 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/work 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 he/she 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 9 j ` _.. ' `A AKOSH-2(Rev. 10/94) PAGE 3 -- /I Alaska Department of Labor or 7-.< 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 representatives of employees have a right to attend an informal conference. Citation and Notification of Penalty Page 3 of 10., Employees and/or n AKOSH-2(Rev. 10/94) 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: 02/07/95 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: Serious 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 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: (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. Date By Which Violation Must. be. Abated: Proposed Penalty: 0311,2/95 $ 875.00 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. 6/93) 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: 02/07/95 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 By Which: Violation Must -be Abated;' 03/12/95 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 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. (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 Violation Must be Abated: 03/12195 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 / R OSHA-2 (Rev. 6/93) State of Alaska Department of Labor Labor Standards & Safety Occupational Safety & Health P.O. Box 107022 Anchorage, Alaska 99510 Citation and Notification of Penalty Inspection Number: 124076597 Inspection Dates: 12/05/94 - 12/05/94 Issuance Date: 02/07/95 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 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 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. .VA ich .Violation Must be. Abated: 03/ 12/.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 6 of 10 A OSHA-2 (Rev. 6/93) 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: 02/07/95 Company Name: Kenai City of Inspection Site: 1450 Kenai Avenue. Kenai. AK 99611 Citation 1 Item le Type of Violation: Ser10llS 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. Date By Which Violation Must be Abated: Citation 1 Item if Type of Violation: Serious 03112/95 ............. . ................... ................... 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 Which Violation Must be Abated: 03/12/95 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 ___ . , A OSHA-2 (Rev. 6/93) 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: 02/07/95 Company Name: Kenai City of Inspection Site: 1450 Kenai Avenue, Kenai, AK 99611 Citation 1 Item 1.g 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 Violation. Must be Abated: 03/12/95 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. Date By Which. Violation Must be. Abated: 03/12195 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 8 of 10 /`i OSHA-2 (Rev. 6/93) 9 �� 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: 02/07/95 Company Name: Kenai City of Inspection Site: 1450 Kenai Avenue. Kenai..A.K 99611 Citation 1 Item 1 i Type of Violation: Serious p�• A LAB 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 Which Violation Miist be Abated: 03/12/95 Citation 1 Item 1i 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 By Which Violation Must -be Abated: 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 9 of 10 - - • - • -1q OSHA-2 (Rev. 6/93) State of Alaska Department of Labor Labor Standards & Safety Occupational Safety & Health P.O. Box 107022 Anchorage, Alaska 99510 Citation and Notification of Penalty Inspection Number: 124076597 Inspection Dates: 12/05/94 - 12/05/94 Issuance Date: 02/07/95 Company Name: Kenai City of Inspection Site: 1450 Kenai Avenue, Kenai, AK 99611 Citation 1 Item 1k Type of Violation: Serious CFR 1910.1190)(4)(iv): Mechanical integrity (4) Inspection and testing. (iv) The employer 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. Date By Which Violation Must be Abated: Dennis L. Smythe, CI 03/ 12; 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 10 of 10 W OSHA-2 (Rev. 6/93) /1_ CITY OF KENAI ►► Gil 4 ArzdJza ►► 210 FIDALGO AVE., SUITE 200 KENAI. ALASKA 99611-779' TELEPHONE 907-283-7535 FAX 907-283-3014 bvftvq 'IIIII February 17, 1995 Dennis L. Smythe, Chief of Enforcement Alaska Department of Labor Labor Standards & Safety Occupational Safety and Health P.O. Box 107022 Anchorage, AK 99510 SUBJECT: CITY OF KENAI OSHA INSPECTION-124076597 Sent: Via Fax (907) 269-4950 Hard copy to follow via mail. Dear Mr. Smythe: The City of Kenai requests an Informal Conference hearing on the above subject Citation and Notification of Penalty. The City would also like to reserve the right to contest the Citation and Notification Penalty. The City of Kenai would also like to request abatement assistance conceming this matter. The date by which the violation must be abated and the method of abatement are of special concern. Please let us know what steps we should now take and when we should pay the penalty. Sincerely, w��-� Keith Komelis Public Works Director — - KK/Ih February 27, 1995 Dwayne Houck OSHA PO Box 107022 Anchorage, AK 99510-7022 Subject: OSHA Inspection Inspection No. 124076597 Dear Mr. Houck: CITY OF KENAI c er4n 4,414ali/M „ 210 FiDALGO AVE., SUITE 200 KENAI. ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 kvftvg V i VIA: Fax - 269-4950 Hard copy to follow - mail According to our telephone conversation today, the City of Kenai would like to enter into a mutual agreement to allow OSHA to extend the notice for filing for contest until March 24, 1995. We plan to hire a consultant very soon to help us decide if we want to go to a different disinfection process or if we want to develop a process safety management program, and continue using gas. Thank you for working with us on this matter. Please contact me if there is anything we need to do, or should be doing. Sincerely, Keith Kornelis Public Works Director KK/kw cc: Rachel Clark, Safety Coordinator Gerry Allen, STP Foreman e1 1 J • a�,r. i i.. �:.: • '"' Qom' =�. ^4 CITY OF KENAI It e it \ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 - _ FAX 907-283-3014 �M "2 March 8, 1995 Dwayne Houck OSHA PO Box 107022 Anchorage, AK 99510-7022 Subject: City of Kenai Inspection No. 124076597 Dear Mr. Houck: I have attached the City of Kenai's Request For Proposals (RFP) for the following two projects. 1. S.T. P. - Method of Disinfection Change 2. S.T.P. Process Safety and Risk Management Program We have sent this RFP to the following firms: Arasmith Consulting Resources, Inc. 1298 Elm St. SW Albany, OR 97321 Risk Management Associates 1187 Coast Village Road, Suite 1-186 Santa Barbara, CA 93108 S & S Health & Safety Consulting PO Box 671830 Chugiak, AK 99567 Fluor Daniel Alaska PO Box 196680 Anchorage, AK 99519-6680 CH2M Hill 301 West Northern Lights Blvd., Suite 601 Anchorage, AK 99503-2662 E.S.H.A. 200 W 34th Ave., #908 Anchorage, AK 99503 I am requesting that our City Council appropriate money (required to be done by ordinance) for these two projects. This ordinanre. will be up for introduction at the next Council meeting of March 15, 1995. If the introduction passes, the ordinance will be up for Public Hearing and adoption at the following meeting of April 5, 1995. Page 2 Houck - 3/8/95 The tentative schedule is as follows: March 7, 1995 RFP's sent to firms March 15, 1995 Council introduce appropriation ordinance March 20, 1995 Proposals received from consulting firms April 5, 1995 Council to pass appropriation ordinance and amend dollar amount to match proposal April 6, 1995 City award contract for Project 1, but hold off awarding Project 2 until the city decides if we are going to change the disinfection method The city hopes the capital and operating costs to switch over to a safer form of disinfection will be low enough to allow us to make this change. We will know shortly after the consultant finishes Phase I of Project 1. If the city makes this change then Project 2, the STP Process Safety and Risk Management Programs, will not be necessary. The city appreciates you working with us on this matter. I will call you after I receive the consulting firms proposals on March 20, 1994. 1 guess we will need to make some decisions on how to handle the citation prior to the March 24 deadline we discussed on the phone, and confirmed in my February 27, 1995 letter. The consulting firms proposal, which will include a schedule, should help us set a more realistic abatement date. Again, thank you for working with us and please contact me if we need to do something different than stated above or if we have overlooked anything that needs to be done. Sincerely, Keith Komelis Public Works Director KK/kw Date: March 7, 1995 REQUEST FOR PROPOSALS The City of Kenai is seeking Proposals for professional services on the following two projects: 1) S.T.P. - METHOD OF DISINFECTION CHANGE 2) S.T.P. PROCESS SAFETY AND RISK MANAGEMENT PROGRAM Interested consulting firms are asked to submit three (3) copies of their proposals. Consulting firms can make a proposal on one or both projects. Specific information would, as a minimum, include: specialized experience, individual work assignments, project approach, project scope, project schedule, and not -to -exceed figures. It is not necessary to provide an expensive fancy bound printed proposal. Simple staple bound copies are sufficient. Public Works may make copies of the proposal to go to each of the City of Kenai's Council members. The Public Works Administration will make a recommendation to the City Council. The City will decide which proposal would be in the best interest of the City. The firm will be chosen by a resolution passed by the complete Council. DEADLINE FOR SUBMITTING PROPOSALS The deadline for submitting proposals is March 20, 1995, 5:00 p.m., local time. Please submit your proposal(s) in a sealed envelope, marked in the lower left-hand corner with "PROPOSAL - S.T.P." PROPOSAL CONTENT Include information for each of the following items organized in a logical manner to enable a proper evaluation. 1. The firm's specialized experience in the type of work required. Include a record of the firm in accomplishing work on other similar projects in the required time. 2. List the qualifications and experience of the individuals who are going to actually perform the work on this project. Include the complete resumes of the individuals that your firm is going to assign to the project if awarded. 3. Give the geographical location or locations where the work on this project will be performed. Also include information to indicate your firm's knowledge of our local situation. Page 1 - R.F.P.: Proposal - STP 4. Give an explanation of how your firm will approach this project and how this project would fit into your firm's list of priorities in your current workload. 5. Give your firm's proposed work schedule showing major items to be accomplished and dates you will accomplish them. Give a manpower allocation to each work task for each project. 6. Give the rates at which your firm proposes to perform the services with a not -to - exceed figure for each project as a whole with a breakdown to show the expense and effort needed for each work task showing how the total figure was arrived at. The City of Kenai is asking for a not -to -exceed figure and hourly rates for Project 1, (PHASE 1, and PHASE 11), and for Project 2. The Council of the City of Kenai may or may not choose the firm which has the lowest rates and lowest not -to -exceed figures. All of the above factors will be considered in the selection. The City of Kenai reserves the right to accept or reject any/all of the proposals and to accept the proposal deemed to be in the best interest of the City of Kenai. The City of Kenai may waive any irregularities in this proposal in the best interest of the City. ERRORS AND OMISSIONS INSURANCE: 1) STP - Method of Disinfection Change will require errors and omissions insurance for the design and construction in the amount of $500,000. 2) STP - Process Safety Management and Risk Management Programs will not require errors and omissions insurance. DESCRIPTION OF PROJECTS 1 AND 2 Project 1) STP - Method of Disinfection Change The City of Kenai is presently disinfecting its waste water with the use of 1 ton gas chlorine cylinders. We are removing the chlorine before discharge with the use of 1 ton gas sulfur dioxide cylinders. This presents a potential safety risk to persons and the environment. OSHA requires the City to have a Process Safety Management Program. EPA will be requiring a Risk Management Program. PHASE 1 of this project is to do a cost analysis of continuing with the use of 1 ton gas cylinders versus changing the method of disinfection to lower our risk. The consultants report on Phase I will be reviewed by the City to determine if we want to continue with this Project 1. If the capital costs to restructure our disinfection method and the yearly operating costs are acceptable the City may decide to continue with Project 1 onto Phase il. PHASE 11 of this project is to perform complete engineering for changing the -disinfection method. This would include design, bidding services, furnishing 20 sets of plans and project manuals, construction coordination, submittal reviews, inspection, and preparation of as -built drawings. The Page 2 - R.F.P.: Proposal - STP Consultant is to plan a considerable amount of time for review and input from the Kenai Public Works Department. Operators safety and low maintenance costs are very important. The cost for the Consultant to perform the work in Project 1 is to be listed separately for Phase 1 and Phase II. The Consultant agrees that the City of Kenai may terminate this project after PHASE I and not continue. Proiect 21 STP - Process Safety Management Program & Risk Management Program for Chemical Accidental Release Prevention The Consultant will perform all work necessary for the implementation of a Process Safety Management Program in accordance with Alaska Department of Labor OSHA and a Risk Management Program for Chemical Accidental Release Prevention in accordance with the Alaska Department of Environmental Conservation (ADEC), and the Environmental Protection Agency (EPA). The Consultant is to perform all of the work that is necessary for the City of Kenai to comply with the State and Federal rules and regulations, but is not limited to the following: 1.Compile all process safety and risk management information listed in OSHA 1910.119 and EPA 112 Part 68. 2. Perform a complete (100%) initial process hazard analysis in accordance with OSHA 1910.119 and EPA 112 Part 68, and serve as administrator of the process hazard and risk management analysis teams. 3. Develop written operating procedures for all covered processes in accordance with OSHA 1910.119 and EPA 112 Part 68. 4. Provide all initial training, and documentation, procedure development, implementation, and all reporting and record requirements, for all effected City employees in accordance with OSHA 1910.119 and EPA 112 Part 68. 5. Develop written procedures to maintain mechanical integrity in accordance with OSHA 1910.119 and EPA 112 Part 68, and perform initial equipment testing and inspections as listed in OSHA 1910.119 and EPA 112 Part 68. 6. Develop written procedures to manage changes in accordance with OSHA 1910.119 and EPA 112 Part 68. 7. Develop a written Emergency Response Plan in accordance with OSHA 1910.119 and EPA 112 Part 68, including written procedures for the use of emergency equipment and for its testing, inspection and maintenance. Also conduct a drill to test and evaluate the plans effectiveness. Page 3 - R.F.P.: Proposal - STP 8. Prepare a Risk Management Plan in accordance with EPA 112 Part 68. 9. Audit both programs and certify that the procedures and practices developed under the standard are adequate. 10. Compile a report at the end of the work detailing recommendations. BASIC SERVICES Basic services will be performed under our standard contracts. TENTATIVE SCHEDULE Consultants RFP due ................................... March 20, 1995 Contract awarded ........................................ AAgril 6. 1995 The Consultant is to include as part of the proposal an estimated schedule for their work including: I.) Project 1 - Phase I A) Complete Cost Analysis ......................... II.) Project 1 - Phase II A) Complete final plans, specifications, cost estimates, and contract documents in bid ready form ........... B) Construction bid date ........................... C) Award Construction contract ...................... D) Begin construction ............................. E) Complete construction .......................... III.) Project 2 A) Total estimated time to complete the Process Safety Management Program B) Total estimated time to complete the Risk Management Program for Chemical Accidental Release Prevention .................... Please contact Kenai Public Works Department, 283-7535, or the Sewer Treatment Plant, 283-4529 for further information. Page 4 - R.F.P.: Proposal - STP C- _ V c-� 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 Re-eived cfty at Anchorage, Alaska 99510-7022 PvblicWor Its Debt Telephone (907) 269-4940 3u-9093_-097-94 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 will revert to the original citation. You are required to post a notice to this 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 zo 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 request modification of an abatement period if he has made a good faith effort to comply, but cannot due to factors beyond his reasonable control (8AAC -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 Su-9093-097-94 Page 2 of 2 THIS AMENDED CITATION MUST 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, C nnis L. Smythe, I. Chief of Enforce nt 3f45l) Date AMENDED DOSH 2C R 02/94 Alaska Department of Labor AMENDED Labor Standards & Safety - Occupational Safery 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 Issuance /95 Summaryo f Penalties for 2 $Inspection Number 124076597 PENALTY REDUCED Citation 1, Serious = $ 437.50 TOTAL PROPOSED PENALTMS = S 4 3 7.5 D Tn nvniri aririitinnni rhnrvPc iPncP remit rntrmo-t nrmmrrly to the nhnve nririrPcc fnr the rntnl nmrnint of tho 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 less 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 LC1CC 07204709-70709520 Pan 1of1 . 03 a,�X �L 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 Inspection Site: 1450 Kenai Avenue Kenai, AK 99611 Citation and Notification of Penalty Inspection Number: Inspection Date(s): Issuance Date: 124076597 12/05/94 - 12/05/94 03/28/95 ?he violarion(s) described in this Citation and Notification of Penalty is (are) alleged to have occurred on or about the day(s) the inspection was made unless otherwise indicated within the description given below. This Citation and Notification of Penalty (this Citation) describes violations of the Occupational Safety and Healy 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 violations) 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 71KOSH-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 Commissioner 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 writing that you intend to contest the citation(s) and/or proposed nenaltvfies) within 15 worldnz days after receipt. the citation(s) and the proposed penaltvfies) will become a final order of the Occupational Safetv and Health Review Board and may not be reviewed by any court or aeencv. 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. Notiflcation 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/work 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 he!she 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 A M Eil� D E P Labor Standards & Safety NOTICE TO EMPLOYEES OF INFORMAL CONFERENCE An informal conference has been scheduled with AKOSH to discuss the citation(s) issued on 02107/95. 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 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 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: Serious 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 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) Informationyertaining to the technology of the process (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 Iimits for Chlorine and Sulfur Dioxide gas flow into the waste water treatment mixing tank. I}ate $y; c 10 t>ion 1�Iust be Abated: i ! / 0 1 / 9 s . Proposed:Peaaity:.. ... ..... .. ... � .. g. �� .13?5.0. PENALTY REDUCED See pages I 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 - 0SHA-2 (Rev. 6/93) AMENIDED 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 lb Type of Violation: Serious M 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 R+'hich Violation Nlust be Abated: Citation 1 Item lc Type of Violation: Serious 11/01/95 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 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. (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 l hich Z iolacicn 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 - OSHA-2 (Rev. 6/93) A M EN! D E D State of Alaska Department of Labor Labor Standards & Safety Occupational Safety & Health P.O. Box 107022 Anchorage, Alaska 99510 Inspection Number: 121076597 Inspection Dates: 12/05/94 - 12/05,;9 + Issuance Date: 03/28/95 Citation and Notification of Penalty 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 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 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 identity 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 VlWch Vioiadca- lust 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 6 of 10 OSHA-2 (Rev. 6193) A N1 E N! D F 1") State of Alaska Inspection Number: 124076597 Department of Labor Inspection Dates: 12105/94 - 12/05194 Labor Standards & Safety Issuance Date: C3/28/95 _ 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 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. Date By Which Violati0n'Must be Abated: 11/01/95 Citation 1 Item if Type of Violation: SeiI011S 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 lv'Uch Violation Must 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 7 of 10 - OSHA-2 (Rev. 6193) A M El.,% D E D 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: 03/29/95 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 emplover 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 coerating chase: (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. Dii $ WE Y.i .l#i Must be Abated: 11/01/95 Citation 1 Item lh Type of Violation: Serious CFR 1910.119(f)(1)(ii)(A): (f) Operating procedures. (1) The emplover 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. Date By Which. Violdfi0a.1%,1= be .abated: 11/01/95 See pages I through 3 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. - Citation and Notification of Penalty Page 8 of 10 -OSHA-2 (Rev. 6/93) AMENDED State of Alaska Inspection Number: 124076597 Department of Labor Inspection Dates: 12/05/94 - 12/05/94 =i Labor Standards & Safety Issuance Date: 03/2B/95 I 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 Which Violaren Must be Abated: 11/01/95 Citation 1 Item 11 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 By Vvlich Violation 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 9 of 10 - OSHA-2 (Rev. 6i93) A ME N'D E D 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: 1_4076597 Inspection Dates: 12/05/94 - 12105,'94 Issuance Date: 03/28/95 Company Name: Kenai City of Inspection Site: 1450 Kenai Avenue, Kenai, AK 99611 Citation 1 Item lk Type of Violation: SeI70us CFR 1910.119()(4)(iv): Mechanicai integrity (4) Inspection and testirs. (iv) The employer 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 ecuipment 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. Date By Which. Vioiat;©n IVlust be Abated: U Dennis L. Smythe, CI .. 11/01/95 See pages 1 through 3 of this Citation and `ofitication of Penalty for information on employer and employee rights and responsibilities. Citation and Notification of Penalty Page 10 of 10 OSHA-2 (Rev. W93) n_I Suggested by: Airport Manager CITY OF KENAI RESOLUTION NO. 95-14 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING THE BID FOR KENAI AIRPORT TERMINAL FLOOR COVERING — 1995 TO DECOR INDUSTRIES, INC., FOR A LUMP SUM AMOUNT OF $37,850.00. WHEREAS, the City of Kenai received bids from five bidders on March 30, 1995 for the above mentioned project from the following firms: Name Bid Price Decor Industries, Inc. $37,850.00 Classic Floors, Inc. 53,465.42 Regal Interiors, Inc. 69,900.00 Steve Rutherford Floor Covering 44,985.00 (Product #1) 47,422.00 (Product #2) Commercial Contractors, Inc. d/b/a Allen & Peterson 53,980.00 WHEREAS, the Airport Manager recommends awarding the bid to Decor Industries, Inc. for the total bid amount of $37,850.00; and WHEREAS, the Council of the City of Kenai feels that it is in the best interest of the City of Kenai to award this bid to Decor Industries, Inc.; and WHEREAS, sufficient funds are available. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, that the bid for Kenai Airport Terminal Floor Covering — 1995 be awarded to Decor Industries, Inc. for a lump sum amount of $37,850.00. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5th day of April, 1995. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: c�- 5'a 3/30/95 kh C:\WPDOCS\RANDY\CARPET.RES BID OPENING TABULATION Bid Item: Kenai Airport Terminal Floor Covering - 1995 Location: City Hall Time: 2_00 p.m Date: 3/30/99 Tax ComplianceContractor's State workers Comp. BIDDER'S NAME -&==ADELRF1S5 BID PRICE Certificate & Cer, icense Busine sForm _r `WLo�ii -71 LSD v lJ �✓�, ld e,,e s s 3, e7� �� ,/ ✓ ✓ ,✓ V ✓' O /V O A/O ✓ `� ✓ ,✓ ✓ ✓ y 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 MEMORANDUM TO: Mayor John Williams Kenai City Council FROM: Kenai Airport Commission DATE: APRIL 5, 1995 SUBJECT: Proposed Camping Area South of Floatplane Basin The Kenai Airport Commission at its March 9th meeting recommended construction of four camping sites south of the floatplane basin. Each site will be equipped with a fire pit, picnic table, and tent camping area. In addition to the camping sites, a hand pump well will be drilled for potable water and a new portable privy will be positioned for use in this area. Henry Knackstedt and Randy Ernst met with Kayo McGillivray, parks and Rec Director, and Kayo was agreeable to an additional camping area within the City. Parks and Rec will work in conjunction with Public Works to develop the area. Attached is an aerial photograph which shows with red rectangles the proposed camping sites. The red dot shows the proposed area for the well. Additional future camping areas can be installed as demand requires. Also attached are basic layout and design sketches for the camping areas. The typical space will be 20' wide by 50' long. The existing vegetation at each space will be leveled, non-structural fabric rolled out, and approximately 1.5' of fill installed. Actual locations and configurations of the spaces will be determined by Parks and Rec prior to construction. The Airport Commission feels that construction and development of a camping area at the floatplane basin will encourage positive growth to the floatplane facility. HHK/hhk eke E ' (SL_1B�ECT : KENAI Moor P�pNe r�As,� ' ' CAM PjAI& A►Z EA CONSULTING ENGINEERS ENGR 1 DATE CHECK DATE RROJ. NO. 35186SPUR HWY. SOLDOTNA, ALASKA 99669 (907) 262.4624 � ,77MAe9 CAM PINU AeEA LAYot.I" Mike E. CONSULTING ENGINEERS SUBJECT: 9EIvAi rLogr PLANE SASIn/ C:,Ll AAPlA/G AREA. ENGR I DATE CHECK DATE RROJ. NO. 3 35186 SPUR HWY. SOLDOTNA, ALASKA 99669 (907) 262.4624 K 7MAP- mmil 111BJECT KrNAI FLOAT PLANE BASIw Mike CONSULTING ENGINES Fqp CAMP/NG AREA ENGR DATE CHECK DATE RROJ95 T. NO. Z 35186 SPUR HWY. SOLDOTNA, ALASKA 99669 (907) 262-4624 IqK ,27MAQ 5 zo' aFIRE PIT I I P� cN, c T,4gLE ( o CA APIN G J AREA E4k sr//v& TREES oR YE`ETATI oN A FXI S T/N6 (,RAvEL ROAp — TYP► cAL r-,emPt-Y& AREA : 'r". • ; •4: Y � ° - � ��+7 a 4r .., ':y .:.�'.A':♦ �j • "� �s �. � f ,� ..� el.-' ` `` � tit .diµ. �' ..ice,,,-=--_�.,,� - . • .,.t� ���t. - tit• 44 51 .•>t? • A ' ,i �' ti. •'. s . �. C +/�" 7.'-.., . 4,J V.p,f f k ��� :'-.•S ` - �' � �. •� `�!•�' � �„1„ y �• x. � �+ �, �' L�s �,� 7' x r ' :pry is ^ r r; �;.. 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Persons wanting to be heard 2 COUNCIL ON AGING ANNUAL MEETING MARCH 13. 1995 KENAI SENIOR CENTER CHAIRPERSON IOANNA HOLLIER. PRESIDING ITEM 1: CALL TO ORDER The meeting was called to order by Chairperson Joanna Hollier at approximately 10:00 a.m. ITEM 2: ROLL CALL Roll was taken. Members present were Pease, Funk, Huddleston, Seay, Gross, Hollier, Meeks, Billings and Breeden. There were no members absent. ITEM 3: AGENDA APPROVAL There were no changes to the agenda. The agenda would stand as presented. ITEM 4: APPROVAL OF MINUTES MOTION: Member Pease MOVED to suspend the reading of the minutes and approve them as presented. Member Meeks SECONDED the motion. There were no objections to the motion. SO ORDERED. ITEM 5: OLD BUSINESS 5-1. Vehicle Purchase Chairperson Hollier reported a request for the new van has been placed into the Senior Center budget for next fiscal year. ITEM 6: NEW BUSINESS 5-1. Election of Officers Chairperson Hollier stated the Council on Aging by-laws require a yearly election of officers. Hollier added she has fulfilled the limit of consecutive years she can be chairperson of the Council. The floor was opened to nominations. COUNCIL ON AGING MEETING MINUTES MARCH 13, 1995 PAGE 2 MOTION: Member Meeks MOVED to nominate Sam Huddleston as President and Joanna Hollier as Vice President. Georgetta Funk SECONDED the motion. There were no objections. SO ORDERED. It was decided Sam Huddleston would take over chairing of the meetings at their next meeting. ITEM 7: PERSONS WANTING TO BE HEARD Pauline Gross - Reported she was not sure she would be in Kenai during the summer months. Gross then resigned from the Council on Aging. Hollier accepted her resignation and added she had enjoyed Pauline's service to the Council. Hollier added she would report the resignation to the Director who will seek out others to apply for the position. Roger Meeks - Reported he had received inquiries from a couple of people who live in Vintage Pointe. He was asked to suggest changes to the apartment rules, etc. Hollier and Pease stated suggestions, concerns, etc. are to first be forwarded to the managers of Vintage Pointe. Those suggestions, concerns, etc. are then passed on to the Senior Center Director and to Administration if necessary. Meeks suggested a note with this information could be placed on the doors of the tenants. Hollier added the information is included in the leases and all the tenants. There are also forms available in the Manager's office to fill out and pass on suggestions, concerns, etc. Meeks stated he was personally happy with the way the housing complex was running, however he was asked to bring the concern to the Council and he said he would do that. Loretta Breeden - a. Assisted Living Complex - Asked if there had been any news in regard to the building of the proposed assisted living complex. Pease stated he had heard nothing more about it other than it is to be built. Hollier stated she had attended a meeting in Soldotna regarding an assisted living complex they are hoping to build there. There seems to be a large amount of interest in these types of living quarters. Soldotna is hoping to build their complex in the year 2000. At this time they are looking for financing. Hollier added the meeting was very interesting. They also discussed tax credits and tax shelters. COUNCIL ON AGING MEETING MINUTES MARCH 13, 1995 PAGE 3 Meeks stated Representative Gary Davis was to introduce a bill to sell all the Pioneer Homes and has suggested the Homes be run on contract basis. b. Icy Sidewalks - Requested more snow be shoveled out of the way in front of the Senior Center. Also, the driveway is very slippery and it is very easy for someone to lose their footing there. Hollier stated that it has been reported to the Director and an effort has been made to keep it clear. Hollier suggested some of the seniors could shovel more out of the way. Breeden suggested sand needs to be made available to throw out as needed. Member Gross reported sand is available in the hallway. There is just no one to put it out on the sidewalk. ITEM 8: ADJOURNMENT MOTION: Member Huddleston MOVED to adjourn the meeting and Member Seay SECONDED the motion. There were no objections. SO ORDERED. The meeting adjourned at approximately 10:14 a.m. Minutes transcribed and submitted by: Carol L. Freas, City Clerk 9 _ L. The Friends have purchased in 1993-1994: videos $2,000 books $5,400 The library now has 12,325 registered borrowers including: Kenai city residents 6,163 Soldotna 2,537 Nikiski 2,331 the remainder are from other areas of the peninsula SUNDAY OPENING 2 APRIL 1995 79 counted patrons 122 checkouts Circulation records show total numbers of books check out, not individual borrowers, KENAI 60 SOLDOTNA 33 NIKISKI 8 PLUS --- D- 5 April 5, 1995 City of Kenai 210 Fidalgo Kenai, Alaska 99611 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. Si atrick J. Doyle✓ HCO7 Box 1225 Kenai, Alaska 99611 City of Kenai, Alaska PLANNING AND ZONING COMMISSION "AGENDA" Council Chambers March 22, 1995 Chairman Kevin Walker 1. ROLL CALL ( �` 2. APPROVAL OF AGENDA 1 3. APPROVAL OF MINUTES March 8, 1995 4. PERSONS PRESENT SCHEDULED TO BE HEARD 210 Fidaig, 5. PLANNING a. Coast Guard Lease Application - DGPS System �' L b. Plat Approval - Richka Creek Estates 6. PUBLIC HEARINGS Vz a. Resolution PZ 95-13: Rezone SE 1/4, Sec 31, T6N, R Rural Residential (RR) to Suburban Residential (RS) 7. NEW BUSINESS a. Comprehensive Plan Review - Employment and Population Forecasts Public Facilities and Services 8. OLD BUSINESS 9. CODE ENFORCEMENT ITEMS y� ✓ a. Coyle's Landing Bed & Breakfast - CUP Revocation J �- 10. REPORTS a. City Council b. Borough Planning C. Administration 11. PERSONS PRESENT NOT SCHEDULED Page 2 Planning & Zoning Agenda March 22, 1995 12. INFORMATION ITEMS a. KPB Information - The "Pillars" Project b. City of Kenai Historic Board Minutes - 2/28/95 C. Shk'ituk't Village Information d. Corps of Engineers Permit Application - No. 1-950107 - Ed Rinner 13. COMMISSION COMMENTS & QUESTIONS 14. ADJOURNMENT PLANNING AND ZONING COMMISSION MINUTES March 22, 1995 Chairman Kevin Walker 1. ROLL CALL 1. Members present: Bryson, Goecke, Toppa, Walker Members absent: Glick, Werner-Quade, Mahurin Also present: Councilman Hal Smalley, Jack La Shot, City Engineer and Kathy Woodford, P.W. Admin. Assistant 2. APPROVAL OF AGENDA aeIIelz RON GOECKE MOVED FOR APPROVAL OF THE AGENDA WITH THE ADDITION OF THE HAND -CARRY ITEMS FOR ITEM 6a AND ASKED FOR UNANIMOUS CONSENT. PHIL BRYSON SECONDED. PASSED BY UNANIMOUS CONSENT. 3. APPROVAL OF MINUTES - March 8, 1995 MOTION RON GOECKE MOVED FOR APPROVAL OF THE MARCH 8, 1995 MINUTES AND ASKED FOR UNANIMOUS CONSENT. BILL TOPPA SECONDED. PASSED BY UNANIMOUS CONSENT. 4. PERSONS PRESENT SCHEDULED TO BE HEARD None 5. PLANNING a. Coast Guard Lease Application - DGPS System MOTION RON GOECKE MOVED FOR APPROVAL OF THE COAST GUARD LEASE APPLICATION FOR THE DGPS SYSTEM. PHIL BRYSON SECONDED. Walker asked for staff comments. La Shot said the application is very lengthy, basically the Coast Guard is asking for a 20 year (no cost) lease of property approximately 1550' beyond where Willow Street meets Marathon. There will be an antenna with a small but and underground wiring in a 500' radius of the hut. La Shot said there will be a few trees cleared and the Coast Guard will be responsible for any permits required regarding Kenai Planning and Zoning Commission Minutes - February 22, 1995 Page 2 wetlands. La Shot said the DGPS is an enhanced logistics system that will probably eventually replace the Loran. Bryson noted the Lease Application, Enclosure No. 2, showed the lease being from May, 1995 to September, 2004, only 10 years. La Shot said their Lease Application states 20 years, so they are probably doing a 10 year lease with a 10 year renewal. VOTE Goecke Yes Bryson Yes Toppa Yes Walker Yes MOTION PASSED UNANIMOUSLY. b. Plat Approval - Richka Creek Estates MOTION RON GOECKE MOVED FOR APPROVAL OF THE PLAT - RICHKA CREEK ESTATES. BILL TOPPA SECONDED La Shot said the Block 5 configuration would be contingent upon the passage of the re- zone. He said the developer wants to leave the area on the east side of the drainage RR, keeping the lots at a minimum 20,000 sq. ft., and extending water and sewer to a portion of it. La Shot recommended requiring the developer pave the streets rather than going to assessment districts to pave the streets. La Shot said three of the lots shown would be sub -standard, Lots 16, 2 & 3, of Block 1. He recommended a second entrance from Float Plane Road, via 5th. Bryson said he is involved in another phase of this project and will abstain from discussion regarding this plat approval. Walker stated that with Bryson abstaining from this plat approval, there is not a quorum to take action. He added the Commission will take public comment. MOTION RON GOECKE MOVED TO LISTEN TO PUBLIC COMMENT REGARDING THIS PLAT AND ASKED FOR APPROVAL MOVING THIS ITEM TO THE APRIL 12,1995 MEETING. BILL TOPPA SECONDED. No action taken due to lack of quorum. Kenai Planning and Zoning Commission Minutes - February 22, 1995 Page 3 Public Comment: Michael Christian, 613 Maple Drive. Christian stated he has lived in Woodland S/D for over 20 years; they bought their lot there because it was secluded yet close to city amenities. He said the subdivision is now very congested and if the new 11 lots are allowed it will become more -so. Christian noted the Inlet Woods S/D has a lot of empty lots in it. Christian stated Woodland S/D needs that area for a buffer zone from noise at the airport and recommended the Planning & Zoning Commission not approve this plat. Cliff Baker asked if the plat approval or the rezoning is being commented on. Walker stated the plat approval. Baker said he and the developer don't have a problem with dedicating a road as alternate access however, they would like to construct it to gravel standard rather than paving because there would be no benefit to this subdivision, all the lots face on the interior street, the paving would benefit the people to the south. He said he agreed with the other conditions recommended. Clint Hall said that he is the developer of this subdivision. He said it is not his intent to fill the drainage area with the over -burden from developing the lots. Hall said it would be cheaper if they could but he feels it wouldn't look nice and he doesn't know if it would even be allowed. Hall stated he will not allow any material be dumped in the drainage area. He said the removal of trees creating additional airport noise is something he could not address because he does not live in the area. Sandy Campbell, 691 Poplar. Campbell asked if the plat is already a "done -deal" or if it can still be stopped. Walker told Campbell this is the basic plat approval, the layout of the subdivision is what is being considered; the rezone issue will be heard later in this meeting. Campbell said she is concerned about the noise and wind from the airport; her taxes going up and property values going down. Campbell requested the Commission turn down the plat. Damon King, 605 Maple. King said he has lived in Woodland since 1981. King encouraged the Commission not to approve this plat. He stated he is concerned about increased traffic in the subdivision. King also stated his concern about conservation issues related to development in the subdivision. He noted there are other properties in the area that could be further developed where city residents are already paying for road maintenance and the additional road maintenance from this subdivision is unnecessary considering the budgetary constraints in the city. George Silides, 508 Ash. Silides said there are other lots available for development, Inlet Woods is one. He said the development will require a great deal of vegetation be removed which is now a noise barrier between Woodland and the Airport. He added the Kenai Planning and Zoning Commission Minutes - February 22, 1995 Page 4 noise at the Airport is increasing. Silides stated this is considered noise pollution and diminishes the value of the property; is unsafe, and (in his opinion) is an actionable act in the court system. Silides said he does not see any benefit from rezoning the property and, if any rezoning were even considered it should be Conservation. Donnelle Russell, 607 Maple Drive. Russell stated her concerns regarding the subdivision is the noise and increased traffic. She said the access Hall wants to use would be right by her home. Russell said she is concerned with the construction traffic and the daily traffic once the subdivision is built. Russell stated that cutting down trees in the buffer zone would increase the airplane noise tremendously. She added the Float Plane Basin does not run from 8:00 to 5:00, it is being used at all hours of the day. Russell asked the Commission to please not approve this plat. Larry Bravo, corner of Beech and Maple. Bravo stated he bought his house 14 years ago from Mr. Hall, Sr. He said Hall, Sr. told him there would not be any development back there because it is wetlands and the only thing that could be built there is a park (which never went through). Bravo added his concern about noise increasing, especially from the Float Plane Basin. Robert Farrell, 511 Ash. Farrell said he has watched the construction on a couple of lots in Woodland the past couple of years and feels Hall is big on cutting down trees. Farrell said the subdivision cannot afford to lose any more trees. Lisa Skinner, 608 Maple. Skinner said the Rishka Creek S/D would be directly behind her lot. She said if the Commission approves this plat it would decrease her property value. She stated her concerns with having neighbors up against the back of her lot. Skinner said they have a fenced back yard and a dog, and have had no problems because there is no one behind them. Kathy King, 605 Maple. King said she would like to echo what has already been said by the public. King added "the quality of life has deteriorated in the City of Kenai with the development that has been allowed to go on." She said the public here tonight are not a bunch of people crying "not in my back yard." King said "we are all Alaska residents and there is no land shortage here where we need to be sitting on top of each other." King stated "Woodland is done and we would like to preserve the neighborhood as it is now." Barbara Christian, 613 Maple. Christian said the subdivision has no park now, the closest thing to a park is the gully area and she does not want to lose that. She stated she is also concerned with the noise from the Float Plane Basin. Christian said they are disturbed at 3, 4, and 5:00 a.m. all summer long with noise from the planes using the Kenai Planning and Zoning Commission Minutes - February 22, 1995 Page 5 basin. Christian asked the Commission to not allow the development. Colleen Canady, 520 Ash. Canady stated her opposition to any more construction in the Woodland area. She said her family has been there for 13 years and they like it there. Canady said she is not opposed to progress on the Kenai, but there is plenty of other areas to build. She stated her concerns about extra traffic, noting her neighbor's child had been already hit by a car there, and there are a lot of children in the neighborhood. She asked the Commission to please consider the publics feelings regarding this development. Tim Navarre, 600 Maple. Navarre said there used to be four small empty lots on Poplar where (it was hoped) a park would be put. Navarre stated his brother-in-law lived next to these lots and tried to buy the lot next to him but Hall would not sell it. Now there are homes on the four lots. Navarre said he sees the same thing happening here; by putting this subdivision in it will change everything there. He added the gully area is the closest thing to a park the residents in that area have and he would like to see it stay that way. Carol Freas, 609 Maple. Freas stated her concern over the loss of trees and the increased traffic this subdivision would cause. Freas said she would ask the Commission to restrict the new subdivision to single-family dwellings (RS-1) and leave at least 25% of the vegetation on the lots. Jim Heim, 689 Sycamore Circle. Heim said he thinks the rezone should be done before the plat approval. Walker said the plat approval could be contingent upon the approval of the rezone. Heim said he will wait and address the rezone at the appropriate time. Walker asked for further public comment; there being none he thanked the public and stated the request for Plat Approval for Rishka Creek Estates will be re -heard at the April 12, 1995 meeting where action will be taken by the Commission if there is a quorum. 6. PUBLIC HEARINGS a. Resolution PZ 95-13 - Rezone SE 1/4, Sec. 31, T6N, R11W from Rural Residential (RR) to Suburban Residential (RS) MOTION RON GOECKE MOVED FOR APPROVAL OF MOVING PZ95-13 TO THE APRIL 12, 1995 MEETING. BILL TOPPA SECONDED. Kenai Planning and Zoning Commission Minutes - February 22, 1995 Page 6 Walker said that since there is a number of people in attendance that wish to speak regarding this resolution, it should be allowed. Goecke asked to withdraw his first motion. MOTION RON GOECKE MOVED FOR APPROVAL OF PZ 95-13. BILL TOPPA SECONDED. La Shot said this is a request for rezone of a 40 acre parcel. The portion west of the gully would be rezoned RS and east of the gully would be RR. The gully would be zoned Conservation. Bryson stated that he has to abstain from this item on the agenda because he is involved in another phase of the project. Walker said there will not be a quorum to take action on this item, but the Commission will allow public comment and hope to take action at the April 12, 1995 meeting. Cliff Baker said he would like the opportunity to speak after all public comment has been heard in order to address any concerns that may be brought up. Walker granted Baker the opportunity to speak when the rest of the public comment was heard. Jim Heim, 689 Sycamore Circle. Heim said he feels the zoning designations were made for future planning. He said when the designation of zoning in this area was made years ago, it was made for the future, which is here, why should we change the rules now? Heim stated he enjoys the solitude he gets living where he does. He said when he purchased the property he was led to believe there would not be any further development in the area. Heim said he would rather not have any development but if it has to be, he would rather seethe zoning the way it is. He stated he feels the land is a buffer from the airport noise and from wind. Heim suggested some covenants be made in the subdivision regarding how much vegetation can be cut back. Barbara Nord, 690 Sycamore. Nord stated her objection to rezoning this area to RS. She said if approved, there could be up to 6-plexes built there. She added she doesn't feel it is Hall's intent, but it is a potential problem. Nord said the plat map sent out is illegible. She asked if the developer would even be able to build on some of the lots considering the contour of the land. Nord asked if the developer will have to get any permits for building in a wetlands area. Kenai Planning and Zoning Commission Minutes - February 22, 1995 Page 7 George Silides, 508 Ash. Silides asked if the comments he made earlier were part of the record. Walker said they were. Silides asked if he should speak again. Walker stated it is his option: the first objection Silides made was to the plat approval, this is a different action, the rezone. Silides registered his objection to the rezone, stating the entire area should be zoned Conservation. Colleen Canady. Canady said she is opposed to the rezoning. She said that it "sickens my heart" to know that 6-plexes could be put up there. She encouraged all of the public in attendance to oppose the rezone. Damon King. King stated his concerns of rezoning this area. He mentioned several of the lots being substandard. King said he understands that development can go on based upon ownership of the property but again stated his objection to this rezone. Mike Christian, 613 Maple. Christian said the city is paying a lot of money for paving, sewer and water in the area around 3rd, 4th, and 5th and it is practically undeveloped. He said Inlet Woods Subdivision can be developed rather than adding more congestion to Woodland. Christian said almost every lot that exists in Woodland is full; no more is needed in that area. He stated there was discussion of putting a park in Woodland but it was never done. Christian said the city should look at the area up for rezoning should be left alone and made into a park instead. Barbara Christian, 613 Maple. Christian stated her objection to the rezone, saying she would rather see it Conservation if it has to be rezoned. Robert Farrell, 511 Ash. Farrell said he was not aware that 6-plexes could be built here and added it would drive property values down. Farrell stated he is totally against the rezone. Donnelle Russell, 607 Maple Drive. Russell asked if the rezone is not approved, would Hall be able to build on the Woodland side of the creek. Cliff Baker answered it would add three lots. (Baker pointed out to Russell lots on map). Russell asked how people would get to Lot 11 and Lot 10, a road behind Lot 12? Baker said it's a 50' driveway and will be the responsibility of the property owners. Russell asked if the rezone is not approved, could it still be developed. Baker said 9 lots could be. Russell asked if 5th Avenue was being widened. Baker stated it is not part of the rezone. Russell asked if the lots had to have any kind of back -fill to level the land to build. Baker stated the lots have plenty of room to build on them where they won't have to dump any fill. Russell then stated her objection to the rezone. Kenai Planning and Zoning Commission Minutes - February 22, 1995 Page 8 Willis Stull. Stull asked Hall what he intended to build, multiple family homes or single family. He stated if it were anything more than single he is against the rezone. Hall stated his intent is to build single family homes and by rezoning to RS1 it would eliminate multiple family homes. Hall asked La Shot the difference between RS1 and RS2. La Shot said the only difference is the lot size. He added RS2 is the same allowable lot size as the RS; RS1 is 12,500 sq. ft. RS1 & RS2 would limit the building to single family dwellings and duplexes. Hall said he is not opposed to zoning the area RS2. He added he concurs with the property owners that by zoning RS2 it would help keep the property values up. Barbara Nord asked if a new application would have to be filled out to zone it RS2. Walker said he believed it could be adjusted on the existing application but it will be looked into to be sure. La Shot said he believes it could be changed on the existing application. Tim Navarre. Navarre asked Hall, if the homeowners were willing to look at the opportunity of purchasing the property, would he be open to it? Hall said he is sympathetic with the property owners feelings and he would entertain the idea of an offer to purchase. Hall stated he developed four lots in Woodland once before and paid taxes on them for a long time. When he moved equipment in to start building on them the neighbors offered to buy the property so Hall would not build. Hall said he gave them a year to come up with a down payment Hall said that after one year, no one had come up with the money for it. Hall said he went to the city to see if they were interested in buying the lots to build a park and the city said no. Gus Rhodes, 207 Birch Street. Rhodes commented that erosion would be a problem in the area. He asked how the developer could stop mud slides from happening. Carol Freas, 609 Maple Street. Freas again stated her objection to this project. She said if it has to happen she would like to see it zoned RS1 and leaving 25% of the natural vegetation on the lots. Cliff Baker. Baker said that by changing to RS it would guarantee curb & gutter and paving. Strip paving would detract from the property. Baker said there is no permit required for clearing (it could be logged). Baker added that a controlled development would be better enhancement of the property than leaving it open. Baker said the Kenai Planning and Zoning Commission Minutes - February 22, 1995 Page 9 suggestion of purchasing it for a park is a good idea but a bad experience. Baker added it is hard for the city to maintain small parks (getting their equipment in) and it would be up to the property owners to maintain the park. Baker said this subdivision is a natural extension of Woodland. Baker stated this subdivision would not increase the density of Woodland itself, it may increase the traffic though. He said there are other vacant lots in the area that would allow multi -family lots but Hall has agreed not to go that route. Baker said this subdivision would be a controlled development like Woodland; it could actually increase the value of other property owners by having a nice subdivision against it. Baker stated the lots in Rishka Creek would be basically the same elevation as the lots in Woodland and they would leave as much of the natural vegetation as possible. Baker said the proposed development would increase the city's tax base and pay for any additional road and utility maintenance. He said the developer will build the road and all utilities to city standards at his own expense. Baker stated that Inlet Woods does have a lot of empty lots in it but the problem there is getting clear title to the lots. He said the substandard lots are substandard to RR and he does concur with the city's recommendations and they will be changed. Walker asked for further comment. Hearing none this item was continued until the April 12, 1995 Planning and Zoning meeting due to the lack of quorum for vote. (10 minute break) 7. NEW BUSINESS a. Comprehensive Plan Review - Employment and Population Forecasts Public Facilitites and Service MOTION BILL TOPPA MOVED TO HAVE THIS ITEM HELD UNTIL THE NEXT MEETING, THERESA WERNER-QUADE BEING ABSENT AND ONE OF THE PRINCIPLES IN THE COMPREHENSIVE PLAN. RON GOECKE SECONDED. VOTE: Bryson Yes Toppa Yes Goecke Yes Walker Yes 8. OLD BUSINESS None Kenai Planning and Zoning Commission Minutes - February 22, 1995 Page 10 9. CODE ENFORCEMENT ITEMS a. Coyle's Landing Bed & Breakfast - CUP Revocation La Shot stated the Finance Department and City Attorney has recommended the commission take action to revoke the referenced CUP. in, ouIs] I] RON GOECKE MOVED TO HAVE ADMINISTRATION TAKE NECESSARY STEPS TO REVOKE COYLE'S LANDING BED & BREAKFAST CUP. BILL TOPPA SECONDED. Walker stated this procedure will require a public hearing. VOTE: Bryson Yes Toppa Yes Goecked Yes Walker Yes 10. REPORTS a. City Council Duane Bannock said Item B2 - Swanson Property Foreclosure, involved a large paper trail and ended with the city maintaining the property is the city's. Bannock stated the Overlay District was discussed again and at this time the city holds is holding its ground. b. Borough Planning Phil Bryson said item D-1, Larry Smith spoke regarding the "Pillars" project, requesting a public hearing be held on the proposal. The Borough Planning Commission requested a hearing be held. Item G-1, Reso. 94-5, R.O.W.'s in the Borough, was postponed until another work session was held. Item 1-1, Coastal Zone Review, Pillars - staff required additional information which was concurred with. C. Administration La Shot said he added the information regarding the Corps process on the Pillars project. He said the Borough asked the City if we want to become more involved in the review process. Bryson suggested that anyone with an opinion on either side of the issue should make it known at the public hearings. Kenai Planning and Zoning Commission Minutes - February 22, 1995 Page 11 Walker asked La Shot to request the Borough keep the Planning & Zoning Commission informed of what is going on. La Shot said he will send a letter to the Borough requesting Planning & Zoning get a chance to review anything that goes on inside the city limits. 11. PERSONS PRESENT NOT SCHEDULED None 12. INFORMATION ITEMS a. KPB Information - the "Pillars" Project b. City of Kenai Historic Board Minutes - 2/28/95 C. Shk'ituk't Village Information d. Corps of Engineers Permit Application - No. 1-950107 - Ed Rinner 13. COMMISSION COMMENTS AND QUESTIONS Goecke noted there is joint meeting with the Historic Board scheduled for 3/28/95 at 6:00 p.m. 14. ADJOURNMENT Chairman Walker adjourned the meeting at 8:55 p.m. Respectfully submitted by Kathy Woodford, P.W. Admin. Assistant HISTORIC DISTRICT BOARD March 28, 1995 - 6:00 p.m. ***AGENDA*** Kenai Council Chambers Chair Dorothy Gray 1. CALL TO ORDER 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES February 28, 1995 I PERSONS PRESENT SCHEDULED TO BE HEARD a. Ken Jordan - Slide presentation Alan Boraas - Slide presentation S. HISTORIC BOARD REVIEW 6. NEW BUSINESS a. FY'95 Historic Preservation Fund Grant Program 1) identification of the types of properties to be surveyed 2) an estimate of the number of properties to be surveyed 3) a plan for how you will contact and work with property owners, and 4) a description of the final project. 7. OLD BUSINESS 8. REPORTS 9. INFORMATION 10. BOARD QUESTIONS AND COMMENTS 11. ADJOURNMENT PLEASE CONTACT LORETTA AT 283-7933 IF YOU ARE UNABLE TO ATTEND SO WE CAN ESTABLISH A QUORUM HISTORIC DISTRICT BOARD March 28, 1995 - 6:00 p.m. ***AGENDA*** Kenai Council Chambers Chair Dorothy Gray 1. CALL TO ORDER Members present: Roger Meeks, Ethel Clausen, James Malanaphy, Diane Rathman, Dorothy Gray, Wanda Carlson Members absent: Alan Boraas, Kim Booth Also present: Jack La Shot, City Engineer, and Loretta Harvey, Administrative Assistant 2. APPROVAL OF AGENDA Chairperson Gray noted that Alan Boraas would not be at the meeting, so his slide presentation will be postponed to the next meeting. Also under Old Business a section could be added regarding incentives. Chairperson Gray said she also had a letter from Diane Rathman she wanted to read to the Board. There were no objections. Agenda approved as amended. 3. APPROVAL OF MINUTES February 28, 1995 Roger Meeks noted a change on the agenda on page 2. paragraph 3., the Federal Land Auction date was 1954 (not 1955). Page 3. paragraph 3., in regards to the old public library building, it housed many of the firsts for Kenai, such as the first courtroom, city hall council chambers, public health nurse station, and fire department with ambulance, and later was used as overflow for the school and housed many churches until they could build their own buildings. There were no other additions/changes to the minutes. Minutes approved as amended. Historic District Board March 28, 1995 Page 1 4. PERSONS PRESENT SCHEDULED TO BE HEARD a. Ken Jordan - Slide presentation Ken Jordan gave a brief slide presentation of the FAA site when he lived there. 5. HISTORIC BOARD REVIEW 6. NEW BUSINESS a. FY'95 Historic Preservation Fund Grant Program Chairperson Gray noted that the city had been awarded a grant amount of $7,100.00 to survey the Kenai townsite historic district. This was considerably less then the $15,000 requested. There were several items the SHPO needed to clarify before the grant would be issued. She asked the Board to discuss the items, so the grant can be completed and forwarded to the SHPO office. 1) identification of the types of properties to be surveyed Log structures, log with siding, churches, residences, early government buildings, commercial, canneries, brick, trap plank covered with shingles, frame structures, and sites, designated within the Townsite Historic Zone. 2) an estimate of the number of properties to be surveyed All properties identified in grant document, approximately 30-50 buildings. 3) a plan for how you will contact and work with property owners, and A letter will be sent to property owners within the zone, describing the brief scope of the survey, asking permission to include the property in the survey and permission to enter the property. The letter would address possible concerns, and give the consultant's or Planning Staff's number if the public has questions. Advertise in local newspapers, Peninsula Clarion and The Dispatch. 4) a description of the final project. A map of all buildings to scale, pictures of all identified buildings, with a brief history of each. Historic District Board March 28, 1995 Page 2 b. Letter from Diane Rathman Dorothy Gray read a letter she had received from Diane Rathman (attached) stating that she and her husband were relocating to Anchorage May 1st, so she would be resigning from the Board. Chairperson Gray reluctantly moved to accept the resignation from Diane Rathman. Rose Ann Murphy seconded. Resignation accepted by unanimous vote. 7. OLD BUSINESS a. Incentives James Malanaphy explained that these should be incentive programs for the public to help offset the traditional expenditures they might entail by having their property designated historic. Also, some incentives should be in place to stimulate investment in the area, and to offset economic loss to property owners so they can't resort to the taking laws. Chairperson Gray felt this item should be added to the Preservation Plan list. James Malanaphy said he had compared the Preservation Plan Outline the Board had drafted to the brochure the SHPO had provided on preparing a plan. There were some sections of the plan where it was noted that the Board was going to draft: G&O Mission Statement section, and procedures for nominating future historic sites and development recommendations and an agenda for future action. He asked if these would be addressed after other sections of the Preservation Plan were addressed? Chairperson Gray said some of these are already done and have been made part of the Ordinance. Chairperson Gray asked that the Preservation Plan be put on the next agenda. She reminded the Board that April was the deadline for them to submit their portion of the plan which had been assigned at an earlier meeting. 8. REPORTS Chairperson Gray requested the work session which had been scheduled for April 12th, be postponed. The meeting with Planning and Zoning Commission was to discuss plans for an Interpretive Site on the Daubenspeck property. Gray and Boraas have a college class that night and it would be impossible for them to attend. The Board agreed (with P&Z concurrence) to reschedule the meeting to May 10th, prior the P&Z meeting. Historic District Board March 28, 1995 Page 3 9. INFORMATION 10. BOARD QUESTIONS AND COMMENTS Roger Meeks said he would be unable to attend the meeting in April. Diane Rathman said she had enjoyed her time on the Board. 11. ADJOURNMENT Chairperson Gray asked that the next agenda discuss the Survey Grant and also reminded Board members to bring preservation plan items. She asked that the letter regarding additional grant information be included in the next packet. There being no further business the meeting was adjourned at approximately 8:25 p.m. Respectfully submitted, Loretta E. Harvey, Administrative Assistant Historic District Board March 28, 1995 Page 4 APR 03 '95 03:05PM CITY OF KENAI 907 283 3014 CITY OF KEf D - I G 0i 1ALG0 AVE., SUITE 200 ENAI, ALASKA 99611-7794 TELEPHONE 9 2W7535 FAX 9074MS 3"14 TV BACKGROUND AND PERSONAL DATA - CAMIDATES rOA APPOINTXMT TO COX=TTEEA AND COMMSIOE6 DATE: � 1 q `j NAME: '�01>m k\1nDA*%% Resident of the City of Renai? 11 E <-� Now long? Q,5 Residence Address ]mailing Address 'j PsM F_ Telephone No. Business Address 3b 67)Q'jQUR Y Telephone No. w Job Title n a ZA fj -F, Q-� K c.2 E5FA r7E RUM OF MUM Current membership in organisations: Past-tKill J V?6-h1 O r- A CO3[ITTEBS OR CMMISSIONB IN WHICH YOU ARE INTERESTED: WRY DO YOU WANT TO BE INVOLVED WITH THIS COXMISSION OR COMITTEE? �LPd.,-- 77 _ s c ,�:t Tod OE8 iWSW AiESdOad GNU SNIiNf1000d 92:9T SS-EO-170 MlloIA1(0)ill ,' To: Mayor and Councilmembers FROM: Carol L. Freas, ity Clerk DATE: March 31, 1995 RE: TOWNSITE HISTORIC BOARD Resignation of Diane Rathman Attached is a letter received by Mayor Williams on March 31, 1995. Ms. Rathman states she has resigned her position as curator of the KVCC Museum. At their meeting of March 28, 1995, the Townsite Historic Board was informed of the resignation by Ms. Rathman. Ms. Rathman gave her letter of resignation to Chairperson Gray. Chairperson Gray has been requested to forward the letter to the City for the record. I have also attached those applications on file for those persons who are interested in a position on the Historic District Board. Ms. Rathman held an in -the -city position (Marion Nelson lives in Nikiski). DO YOU WISH TO APPOINT A PERSON FROM THOSE APPLICATIONS ON FILE? OR, DO YOU WANT THE OTHER COMMISSIONS AND COMMITTEES NOTIFIED OF THE RESIGNATION IF ANY ARE INTERESTED IN CHANGING TO THE HISTORIC DISTRICT BOARD? DO YOU WANT TO WAIT AND ASK FOR ADDITIONAL APPLICATIONS? clf L 9 Kenai Visitors and Convention Bureau, Inc. l ri .r March 31, 1995 The Honorable John Williams, Mayor.N. <r:' City of Kenai 210 Fidalgo Avenue +" Kenai, Alaska 99611 Dear John, As you may know, I have resigned my position as curator of the Museum in order to move to Anchorage, where my husband has accepted another position in the Church. At this time I wish to thank you for all your interest and support in the building and development of this fine Museum over the past few years. I well remember that you were one of the hardest workers in moving all the artifacts into the building, even personally dismantling cases and carrying boxes. Your enthusiasm at the opening was contagious, and soon the community began to take a strong interest as well. Kenai is fortunate to have a mayor who is willing to work so diligently - often in the face of public distrust and suspicion - to bring new concepts and industries into the community. In the five years that I have lived here, I have seen many innovations, and will be interested to observe what the future brings. You have invested a great deal of your life and energy in Kenai, and many residents appreciate your hard work. Thank you again for your assistance and support. Sincerely, Diane Rathman, Director, Exhibits/Displays P. O. Box 1991, Kenai, Alaska 99611 9 (907) 283-1991 CITY OF KENAI cd eaniW 4 4Zzi"►t GO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 W CITY OF KENAI BACKGROUND AND PERSONAL DATA - CANDIDATES FOR APPOINTMENT TO COMMITTEES AND COMMISSIONS DATE:2,C; NAME: rf +tip (.�- Resident of the Citv of Kenai? :� ,, . �,� = How long? Residence Address Mailing Address f >(_'. /�'�-- :== Telephone No. `t� f 7 Y js Business Address ;/ Zzi Telephone No. EMPLOYER: Job Title NAME OF SPOUSE: Current membership in organizations: v Past organizational memberships: COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED: �,•t .l�-i �*+ cG �if,�' t7 e +� etc +�.c�-r� /, !-[� c �� _ �� `-n .. / ,��k u 1"e'�ae n �i7 tr c WHY DO YOU WANT TO BE INVOLVED WITH THIS COMMISSION OR COMKITTEE? Signature ,� �Y►tCl�?'{i �GC.LLG•r.(' ur��YG(it-tl '7Vi Cx') f, ram(-L ✓�i.�U.L CITY OF KENAI it cat 00r&jUitrd 4 4144 it FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 KENAI BACKGROUND AND PERSONAL DATA - CANDIDATES FOR APPOINTMENT TO COMMITTEES AND COMMISSIONS DATE: �5-z�r. NAME: hc,,r1 er�Z �oa1�n t' Resident of the City of Kenai? \I p 5 How long? Residence Address l Si -%a �_; rc R-, S-i- C "r. K) � v I Mailing Address j��,Telephone No.��� Business Address Telephone No. EMPLOYER: Job Title NAME OF SPOUSE: aav-. 12poK2r- Current membership in organizations: Past organizational members ips: COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED: C. Ll \ic-� L noz:'s -H ; saor. c- WHY DO YOU WANT TO BE INVOLVED WITH THIS COMMISSION OR CO1MeMITTEE? WAAAId 'III�1 "2 02/10/94 12:45 $907 283 6090 KENAI MERIT INN FEB 11 '94 11:15RI CITY OF KENAI 907 233 3014 P.2/2 [a 002 FEB 1994 �� CITY OF KENAI y yanK ►► (�� a fQ� ►► �.rr c>r r_� FIDALGO AVIL, SWTIR no KENAI, ALASKA 99611 7794 TELEPHONE 907-283.7536 FAX 907463.3014 CSTY OF T=AI Tv Otis BACKMOUND AND PERSONAL DATA - CANDIDATES FOR "VOXN'1' 401I!' r p TO COMMITTEES AIM COMMIBSIONS DAsB:l�- Resident of the City of Xenai? lVyi_ Rea long?� �r�� /,'v Kst vo*/ Residence Address Nailing address bop ,C KAFA4 r Telephone No. Business mdress Telephone No. RMOVER: fi�6ee,4-/ Job Title AAO� d i/y l Nam or SPOUSE: current sembership in organisations s -- -0eei i NMi/r- AzwY /q (,-)u � rL�arkiTl�s l .J Past organisational memberships: L3��r/dr�Gcf'�/7i�rL�fn%�YTMk �i�vssl�/'c�,A i6rw- r5, ^ Y Cyc:? �CrC'�G. /%fu•� FfifUTjc j�,;tT CONNITTE38 OR COXHISDIONS IN WHICH YOU ARE INTZRZST$D: � 64-1- WZY DO YOU WANK' TO BE INVOLVED WITH TRIS COMZiISSION OR CO>t+ ITTEE? /6 C-0/V /N T ��S<< /iy ff f�i��/ Ld` I< A-7", y G r= U��7 ��,•. V �� }%iY+µ / / i, ; [.`a�ri? �c - � / N �•�= 7ri^r C--. it � /=�f+s�� S7%IX.i`� c^ � �ffrG== GUI /,,v i- ��� ��i s cam► toe_ � ,e� � as n� /9 ��r i r 7-tfr APR 04 '95 05:55AM SOLDOTNA JR. HIGH 907 262 7036 D-1 ? 1.9✓ c March 28, 1995 APR 199- ti Townsite Historic Board Dorothy G. Gray, Chair 'G ~ City of Kenai -- 210 Fdalgo Avenue Kenai, Alaska 99611-7794 Dear Dorothy, As I plan to relocate to Anchorage on May 1st, 1995, 1 wish to resign my membership in the Townsite Historic Board. The public's renewed interest in Kenal's historic heritage coincides with the resurgence of interest in preservation all over the country. This is a wonderful opportunity for Kenai to combine its efforts to preserve and protect this area from further depredation and destruction of its landmarks. I am pleased that I have been permitted to participate in the process of change during this short time. At this time I would like to issue a mild warning to the Board in future planning: Do not allow tourism to dictate the development and Implementation of any of your decisions and recommendations. There will be some members of the community who will attempt to force the Board to those considerations which may ultimately damage the historic nature of the townsite. The tourists will arrive in greater numbers every year. A fair majority of the visitors are well-informed about Kenai's history; they will know if this is a 'tourist' development and feel insulted. And the local residents will have been cheated of their heritage. The extra dollars that may be extorted from visitors will be at the community's expense in lost credibility. I have, enjoyed working with the Board, and wish the members well in the future planning of this lovely area. Sincerely, KENAI CITY COUNCIL JOINT WORK SESSION OF MARCH 13, 1995 KENAI CITY COUNCIL CHAMBERS 7:00 P.M. The members of the Kenai Planning & Zoning Commission, Parks & Recreation Commission and Kenai Bicentennial Visitors & Cultural Center Board of Directors were invited to the work session. COUNCIL PRESENT: Williams, Bookey, Smalley, Measles, Monfor and Bannock. Councilwoman Swarner arrived at approximately 7:30 p.m. PLANNING & ZONING COMMISSIONERS PRESENT: Mahurin, Werner-Quade, Walker. PARKS & RECREATION COMMISSIONERS PRESENT: Gifford, Castimore, Hultberg and Sandahl. KENAI BICENTENNIAL VISITORS & CULTURAL CENTER REPRESENTATION: Kim Booth, Executive Director; Ron Malston, Board Member and Ron Rainey, Board Member. STAFF PRESENT: Freas, Kornelis, Graves, McGillivray, Morris, Burnett (arriving at 7:30 p.m.) and Manninen. OTHERS PRESENT: Bob Peters, Dr. Peter Hansen, Loretta Breeden and Amy Gill (Clarion). OPENING OF WORK SESSION: Mayor Williams welcomed persons present. Councilwoman Monfor informed those present she requested the work session because of her concern for the Kenai beaches and use they receive during the summer, especially during the dipnet fisheries. Use will probably increase this summer due to the closure to fishing of the Little Susitna and Alexander Creek. Persons who would have used those fishing areas have been told by the Department of Fish & Game to fish the Kenai River instead. Monfor added she believed if they met together they might develop ideas of how to protect the beaches which include the sand dunes. Monfor stated she investigated how other areas protect their beaches. In Oregon they have developed an ordinance to keep off - road vehicles off of the beaches. People wanting to use the beaches must park and walk to the beaches. Monfor asked why there is a road to access the river mouth. Williams answered it is there to access private property on both sides of the river. Those pieces of property are either owned by the City or are privately owned. Williams requested a map showing the properties on the beach area and a list of its owners. KENAI CITY COUNCIL JOINT WORK SESSION MARCH 13, 1995 PAGE 2 Monfor added the City has about four months to get ready for the summer influx of users. She would like the City to be proactive in order to handle the activity. Monfor added Cunningham Park and the land across the river should be included in their discussions as they are affected by the summer activities as well. Monfor suggested that since the City has a fund balance, it may be necessary to use some of it to handle the summer activity. She did not consider the placement of trash facilities and proper sanitation as frivolous. The City has done a lot to encourage tourists to the area and now it is necessary for the City to accommodate the visitors. Monfor stated she would like the Council, Parks & Recreation Commission, KBVCC and Planning & Zoning to do something that is cost efficient and do -able and can show, again, that the overlay ordinance is not needed. Whatever is done will be newsworthy statewide. Williams suggested forbidding the use of the area for dipnetting. Smalley stated the Oregon Parks used to rent wheelbarrows to persons wanting to take items onto the beach. They also assigned certain beaches for use of motor vehicles, others not, and all were patrolled by the police. Smalley added he agreed with Monfor and suggested both sides of the Spruce Street beach be closed to motorized vehicles. Williams stated there were two items needed -- one, a color -coded map showing ownership of the property from Spruce Street on; and knowing what to do with the vehicle traffic parking when there is dipnetting activity. Loretta Breeden stated she mostly agreed with Monfor. If the sand dunes are lost, the other bank will probably be lost as well. She understands there is a problem with the private property. Breeden stated she spoke with representatives from Fish & Game. They indicated the salmon allocation in Kenai may change, allowing more red salmon escapement. This may bring on more dipnetting and more fishing activity. Breeden suggested some of the problem could be alleviated if dipnetting by boat would be allowed. Breeden suggested writing to the Fish Board in and requesting a change. KENAI CITY COUNCIL JOINT WORK SESSION MARCH 13, 1995 PAGE 3 Williams stated the only boat ramp close by is the City's which could be a problem. Breeden added to remember that there are commercial fishermen who use the beach to get to their sites. Monfor agreed, but they drive to the right. The left side is to be closed to vehicular traffic. Breeden added she believed it would be bad if the beach were closed to all vehicular traffic except the commercial fishermen. Breeden added she believed fencing off the beach road would be good. In regard to Cunningham Park, Breeden stated in the summer it is not unusual to see 90-plus people fishing along the bank. However, it gets really messy when the guide boats are launching, pickup trucks are backing down the bank, etc. Breeden suggested the City discuss the problem with Fish & Game. Teresa Werner -Quads noted the difference between a beach and a dune, reading from Design with Nature, by Ian McGard, 1971 copyright. The point being a beach is tolerant, i.e. the tide cleans it. A dune is intolerant, i.e. if they need to be crossed, there should be bridges to go over them. There should be no development on them or walking on them. Williams stated a problem is the fact that Fish & Game opens the area to dipnetting, knowing that 500-1,000 people may show up to do it. The question is how to control the dipnetters when the State has allowed the fishing. Should the City take control of the property or accommodate the fishermen. To disallow fishing, the City would have to block the road. If the dipnetting is allowed, the City needs to make a way to access the beach. Kevin Walker suggested the road be blocked off to vehicular traffic. Williams asked Attorney Graves who owns the properties and how much is in private hands. Graves stated he would have to review the plat maps and see how much value would be removed from the private hands. The road could be cabled off or parking could be prohibited in order to channel pedestrian traffic to the beach. Bob Peters suggested if the road is closed, close it all the way and only allow access to the beach by walking down the beach. Peters added he believed enforcement would not work. Everybody ignores the signs that already exist. KENAI CITY COUNCIL JOINT WORK SESSION MARCH 13, 1995 PAGE 4 Dick Hultberg stated that the Parks & Recreation Commission have discussed the problem for years. Hultberg suggested (1) whatever is done, it will have to include changing habits of the users of the area and this will make some people unhappy; and, (2) it will cost money to enforce the changes. Karen Mahurin stated she thought they all agreed, the dunes need to be saved. A number of suggestions have been made, i.e. to stop fishing; keep people out. What is the Council aiming for? Williams asked how the fishing industry views the dipnetting. Should it be allowed? Dale Sandahl reported he asked some of the store owners in the area how the dipnetting openings have impacted their businesses. He was told the stores do more business during the dipnetting openings than for all of the rest of the fishing from May through August and September. He believes the dipnetting openings have a significant impact on the area businesses. (NOTE: Councilwoman Swarner and Fire Chief Burnett arrived at approximately 7:30 P.M.) Sandahl continued he did not believe they could close it to fishing as it would have a very large impact. Instead, they need to find a way to accommodate the users. Sandahl suggested: a. Encourage boating for dipnetting; b. Cable the road off; C. Develop bridge access for pedestrians but consider realistic needs in order to access the beach, without walking or shuttling people from up on the hill. Karen Mahurin stated she felt it would be a real disservice to the local people if the area is not allowed for dipnetting. Many local people dipnet. It's a family affair. Many people don't have boats. Dipnetting is used as subsistence. However, the dunes need to be protected. Ron Rainey agreed with Mahurin. The red salmon season is not predominately a tourist fishery, but a local fishery. However, there are many people that come to the area to fish the red season. It is a big fishery. The area needs to be kept open for dipnetting, but not a tourism thing. KENAI CITY COUNCIL JOINT WORK SESSION MARCH 13, 1995 PAGE 5 Loretta Breeden noted dipnetting is allowed for Alaska citizens only. A way needs to be found to protect the dunes. Councilwoman Monfor added enforcement and sanitation need to be upgraded. Also, they need population and traffic control. More garbage dumpsters, etc. Plus, don't forget the other side of the River. Kevin Walker suggested another possibility -- the City could acquire some of the property on the beach sides of the dunes and make a permanent asphalt parking area. The City will either have to keep people totally off or acquire, develop, and utilize the property. Something will need to be done. A large parking area wouldn't hurt much either. Monfor stated she believed there was a spot for parking now. Walker stated it would be to the left. Some of the dunes would have to be taken out in order to place the parking lot. Councilwoman Monfor suggested additional dumpster(s) be placed along the beach area and they should be there all year round. If port -a -potties are placed, they need to be cleaned often, maybe twice a day. Cunningham Park is the same. Measles stated the rental company will clean them as often as you say and pay to have them cleaned. Dr. Hansen stated a group of approximately 250 physicians will be meeting in Kenai during the summer. Hansen suggested placing a sheltered picnic area on the beach for use for cookouts, etc. (rough -cut pavilion with picnic tables). Monfor asked if he had investigated using the Municipal Park for such a cookout. Hansen stated he had, but you couldn't see or hear the ocean from there. Monfor suggested more underbrush be removed in order to be able to see and hear the ocean from the Municipal Park picnic area. Williams asked McGillivray how bad of shape is the restroom at the beach? How much will it cost to fix it? Can it be added to? McGillivray answered the present restroom does not meet ADA requirements. There is no access for wheelchairs, etc. unless the walls would be knocked and the facility enlarged. McGillivray added the facility can continue to be used. Also, grant applications have been sent in for funding to replace that restroom. It was his and the City Engineer's recommendation that the present facility be torn down and replaced. KENAI CITY COUNCIL JOINT WORK SESSION MARCH 13, 1995 PAGE 6 Smalley suggested the restroom be placed closer to the mouth of the river. McGillivray stated most of the activity, all summer long, is at the place where the restroom is now. The activity at the mouth of the river is for short periods during the summer. The new restroom would be the size of the restrooms in the other park areas. Port -a -potties would be placed, as in years past, when additional facilities are needed. Sandahl stated enlarging and replacing the restroom facility will encourage more use of the dunes. Williams asked Council if they were in agreement that the restroom at the Spruce Street beach should be replaced? Council consensus was yes. Williams requested the engineering department draw up a plan to allow blocking off of vehicular traffic on the beach road and find out the ownership of the properties along the beach. Hultberg asked if this would include placing bridges over the dunes. Williams asked how keeping people on a walking area would be enforced. Kim Booth suggested placing educational signage in order to inform people what the effects are of walking on the sand dunes. Sandahl agreed. Councilwoman Monfor suggested soliciting help from service organizations like the Lions Club, Rotary, Boy Scouts, etc. for placing of signs. Williams stated he didn't believe the signs would get people to physically stay off the dunes. Ron Rainey suggested roping off the area, along with the signs. Karen Mahurin stated this is a serious situation and that the City should take the steps to place the signs now before the season begins. Mayor Williams requested Kornelis have the Engineering Technician develop a master plan incorporating the placement of a parking lot, roping off of the dunes (the whole way down to the mouth of the river), and educational signs. KENAI CITY COUNCIL JOINT WORK SESSION MARCH 13, 1995 PAGE 7 McGillivray added a lot of people use the dunes for sunbathing areas. Williams asked if Council wanted to incorporate a pavilion into the plan, placing it further down the beach and away from the fishing area. Sandahl suggested the signs to be placed at the beach have information included as the one on the bluff regarding the mountains, fish, historical information, along with the educational information regarding the dunes. Williams suggested the signs be placed in a kiosk around the restroom area. Jack Castimore suggested sea grass could be transplanted in an area (about 401x401) to show people how the dunes can be restored. Monfor reminded Council all this cannot be done this year, but the basics can be placed, i.e. the restroom facilities, dumpsters all year long, etc. The same can be done for Cunningham Park too. Bannock stated he didn't think the signs would work. More important that the signs and fence is the practicality issue -- what can we do to formulate a plan? Bannock suggested a parking lot be developed at which vehicles can be parked, but allow the road to be used as a loading and unloading zone. If the plan is to make people walk to the mouth of the river, they will walk on the dunes because it is the shortest way. With allowing the road to be used for loading and unloading, the people can be accommodated and the dunes can still be protected. Bannock suggested the use of a shuttle service or a drop off zone. Williams suggested that if the road is blocked off to vehicular traffic and there is a parking area, people may decide not to use the area. Bannock stated he believed there would be more people using the area this year. Kelly Gifford stated she agreed with Bannock, she doesn't think the signs will work. Also, she did not think people should park along Spruce Street. Ron Rainey didn't agree with Bannock that people don't care and won't pay attention to the signs. There is a change in philosophy on the river in regard to habitat protection. KENAI CITY COUNCIL JOINT WORK SESSION MARCH 13, 1995 PAGE 8 People's awareness helps. If the City wants to spend a minimal amount of money, the signs, ropes and bridges need to be placed. If they want to spend more, more can be done. Sandahl stated he totally agreed, adding he felt strongly about the educational aspect. Williams stated a plan should be developed, along with funding, to place a new restroom facility, more dumpsters and port -a - potties. As a temporary measure, they will have to try to block off vehicular traffic and try to cause people to be careful of the dunes. Smalley asked Kornelis if he could price out and develop a couple bridge access points where paths are already existing. Kornelis stated there are already paths between the dunes. Was Smalley wanting the bridges placed there? Smalley answered yes. Kornelis reminded Council there have been parking areas made along the road (pull -off spots). Williams stated the road will be blocked off. Hultberg referred to a comment made earlier and agreed that public should be made aware of the changes coming through public service announcements, etc. Monfor agreed that coverage needs to be started. Monfor added she would like to have Channel 2 News come to Kenai where they can be taken to the dunes. Have them say why the City is making these changes -- trying to save what we have. Councilwoman Swarner asked if the City had the plans for the restroom facility at the dock? Kornelis answered yes, however, that facility cost approximately $100,000. Bob Peters requested the old bridge now existing at the beach be revitalized as well. A bridge should be included in that area to cross the dunes as people walk down over the bluff from Mission Avenue. Peters also requested something more permanent be done to keep people from driving and using Mission Avenue. Williams suggested signs be placed there saying public access is not allowed. Peters added there are many people that use a path from in front of the Kenai Bible Church to access city property. KENAI CITY COUNCIL JOINT WORK SESSION MARCH 13, 1995 PAGE 9 Dr. Hansen stated he thought Bannock had a good idea about the parking. If there was a paved parking facility with a restroom and an individual to work 16 hours a day from June 15-August 15, it could be a drawing card for people. Williams stated he was concerned that there would not be enough room to park some of the RVs that would want to park. Councilman Bookey stated it would not hurt the local RV park business if overnight parking was not allowed. Bookey suggested a fee situation. Mahurin suggested marking the RV spaces and if the RV is too big to fit in it, they won't be allowed to park there. Breeden asked Rainey if he too believed the allocation of red salmon into the River for the sports fishermen will increase the amount of dipnetting periods. If there are more periods, the user problem will increase as well. Rainey stated he believed Fish & Game will allow 100,000 more fish in the River for sports fishing. With that many fish, there will probably be more dipnetting periods. Breeden suggested the City lobby Fish & Game to allow dipnetting by boat. Williams stated he would write a letter to the Fish & Game Board requesting they allow dipnetting by boat to alleviate the impact of dipnetting fishermen on the beach. Kornelis noted that people may use boats for personal use dipnetting. Boats are not allowed for subsistence fishing. Measles stated he believed the changes to be made should not be just geared toward dipnetting. There are other uses for the beach as Dr. Hansen had mentioned and it can be used substantially by non -fishing groups. Williams stated stream rehabilitation could be incorporated into the master plan. Two phases = long term and short term. The plan should start with the restroom upgrade, additional dumpsters and roping off the dunes. Kornelis reminded Council they needed to plan for the addition to the Sewer Treatment Plant. The addition would be built in about three or four years. However, where it will be built is where discussion had been about placing a paved parking lot. KENAI CITY COUNCIL JOINT WORK SESSION MARCH 13, 1995 PAGE 10 Kornelis suggested a circle might work as the one at the Russian River. When it is full, it is full. Kornelis added, the pull - off parking spots along the beach road could be encased. However, if they want to protect the dunes, the road needs to be blocked off to vehicular traffic. Measles suggested the road should no longer be graded. It was noted that if there will be dumpsters, etc. closer to the mouth of the river, the road will need to be graded in order that the service vehicles can have access. Werner -Quads suggested the road be used as a service road only. Measles agreed. Sandahl asked where the parking lot could be placed if the right side of the road will need to be kept available for the sewer treatment plant addition? Kornelis suggested the left side of the road. Smalley suggested the right side of the road be used for a parking area this year only during dipnetting and see what impact that has. Williams stated he believed there would be less impact with not walking on the sand dunes. Williams suggested creating an ordinance that would prohibit persons from accessing the beach from the bluff above. Rainey stated he agreed there is a need for a master plan and it should include how much each item will cost. The plan, as he understood from the discussions, would include the new restroom, additional dumpsters and port -a -potties (with additional dumping), walkways, roped -off area, signage, an ordinance and enforcement of the ordinance. Monfor stated they are discussing a once -a -year situation for a specific amount of time. Monfor suggested, for information only, placing road counters over the road as she would like to know how much traffic does the area receive. Monfor asked what the time line would be on this project. Monfor added this project should take precedence over some others. Williams stated work could begin right away if McGillivray and the Planning Department are comfortable with the restrooms identified and with the overall cost in putting them in place. KENAI CITY COUNCIL JOINT WORK SESSION MARCH 13, 1995 PAGE 11 CUNNINGHAM PARR: Smalley suggested shutting the boat launch down. Williams stated his concern with shutting it down is that it may be impossible to get it reopened and re -permitted. Williams added he thought it better, at this time, to clean up the park and add another restroom (costing $30,000). BALLPARK AREA: Kornelis stated the restroom to be placed there will have running water because there is water/sewer service to that area. Cost for that restroom is estimated at $40,000. Monfor remarked that it is costly, but with as many people that use the facilities, it will be paid for. FINDINGS: Council reviewed the Parks & Recreation Department's five-year plan for capital expenditures which was included in the packet. Monfor suggested the restrooms all be placed this year. Williams asked if the materials could be purchased locally and built here. Kornelis stated the tanks are included with the restroom buildings which would be a problem. McGillivray stated the tanks can be bought separately, however the whole restroom is basically pre -built. McGillivray was asked to find out how the restroom packages are sent. Bookey asked if the cost for these improvements would be placed in the 1995-96 budget. Williams stated three restrooms would go in this year from this budget, appropriating the money from the fund balance. Manninen stated Kornelis was told leftover monies from the Thompson Park project might be able to be reappropriated for sanitary facilities. If that is possible, Council may want to place a fireplace/pavilion on the beach. Williams suggested Administration can work those details out. Williams requested the basic master plan be brought back to council for the April 19 meeting. Kornelis stated that could be KENAI CITY COUNCIL JOINT WORK SESSION MARCH 13, 1995 PAGE 12 done. The same information should be forwarded to the Parks & Recreation Commission and the Planning & Zoning Commission for their review as well. PARRS & RECREATION CAPITAL EXPENDITURE PROGRAM: Williams suggested the following: 1995/96 - Add one more restroom bringing total for the year to $150,000. McGillivray stated if the Public Works Department receives a new pick-up, they will get a hand-me-down pick-up and will not need funding for one in their budget. Also, the riding mower is essential. McGillivray asked if Council was aware of the information forwarded by the Engineering Technician regarding the Cunningham Park grant application? Manninen stated it was included in the council meeting packet. There has been no further information about it. Bannock asked McGillivray if he was comfortable paying $30,000 for a restroom. McGillivray stated someone could probably be found to do it cheaper, but he was looking for the sturdiest product with the most features to protect from vandalism, etc. and had the outside tanks. Bannock asked if McGillivray thought buying them was a better bargain that building them in-house. McGillivray stated yes. Walker added there needs to be an architectural stamp on the design which escalates the cost (if done locally). ADJOURNMENT: The work session adjourned at approximately 9:10 p.m. Notes transcribed and submitted by: Carol L. Freas, City Clerk 3/15/95 A. B. C. AGENDA KENAI CITY COUNCIL - REGULAR MEETING MARCH 15, 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. Elton McGahan - Alaska Circle Track Association/Twin City Raceways. 2. Vivian Swanson - Property Foreclosure/Government Lot 128 3. Borough Assemblyman Tim Navarre - Kenai River Overlay District PUBLIC HEARINGS 1. Ordinance No. 1633-95 - Increasing Estimated Revenues and Appropriations by $343.84 in the Senior Citizens - Borough Special Revenue Fund to Hire a Part -Time Gardener for the Summer Months. 2. Resolution No. 95-13 - Supporting the Alaska Maritime National Wildlife Refuge's Proposed Environmental and visitor Education Facility in Homer, Alaska. 3. 1995 Liquor License Renewal Application - PROTEST - Kenai Merit Inn. 4. 1995 Liquor License Renewal Application - PROTEST - Italian Gardens. 5. 1995 Liquor License Renewal Application - PROTEST - Larry's Club. -1- 6. 1995 Liquor License Renewal Application - PROTEST - Kenai Joe's. 7. *1995 Games of Chance and Contests of Skill Permit Application - St. Francis Episcopal Church. 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. *Regular Meeting of March 1, 1995. F. G. OLD BUSINESS H. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $2,500 -None Listed- 3. *Ordinance No. 1634-95 - Amending KMC 14.20.320(b)(42) Definitions (Kenai Zoning Code). 4. *Ordinance No. 1635-95 - Amending the Kenai Municipal Code Land Use Table, Additional Requirements. 5. *Ordinance No. 1636-95 - Amending the KMC 14.20.105(c)(4) Townsite Historic (TSH) Zoning District, Historic District Board Duties. 6. *Ordinance No. 1637-95 - Amending KMC 14.20.105(m)(4) Townsite Historic (TSH) Zoning District, Definitions. 7. *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. 8. *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." -2- 9. Approval - Contract for Emergency Management Services (Kenai Peninsula Borough/City of Kenai). 10. Discussion - 1995/96 Kenai CIP State Grant Requests. 11. Discussion - Peninsula Chambers - Kenai Airport Terminal Lease. 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- KENAI CITY COUNCIL - REGULAR MEETING MARCH 15, 1995 7:00 P.M. KENAI CITY COUNCIL CHAMBERS MAYOR JOHN J. WILLIAMS, PRESIDING ITEM A: CALL TO ORDER Mayor Williams called the meeting to order at approximately 7:02 p.m. in the Council Chambers in the Kenai City Hall Building. A-1. PLEDGE OF ALLEGIANCE Mayor Williams led those assembled in the Pledge of Allegiance. A-2. ROLL CALL Roll was taken by the City Clerk. Present were: Smalley, Williams, Bookey, Swarner, Monfor, Measles and Bannock. A-5. AGENDA APPROVAL Mayor Williams requested the following changes to the agenda: ADD TO: B-3, Overlay Ordinance Discussion - Kenai River Property Owners Association newsletter, Kenai River Property News. ADD TO: I-1, Mayor's Report - Theo Matthews FAX regarding Kenai River Sockeye Salmon Issue. I-1, Mayor's Report - Alaska Statutes regarding Gaming Permits. MOTION: Councilman Smalley MOVED for approval of the agenda as amended and requested UNANIMOUS CONSENT. Councilman Bannock SECONDED the motion. There were no objections. SO ORDERED. A-6. CONSENT AGENDA Mayor Williams noted he had no changes to the consent agenda. MOTION: Councilman Smalley MOVED for approval of the consent agenda as presented. There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENT B-1. Elton McGahan - Alaska Circle Track Association/Twin City Raceways. KENAI CITY COUNCIL MEETING MINUTES MARCH 15, 1995 PAGE 2 McGahan referred to his letter of request which was included in the meeting packet. McGahan requested the retired Kenai Fire Department tanker truck be donated to the Alaska Circle Track Association, Twin City Raceway. The donation of the truck would allow them to better service their race track and water grass planted last year, etc. Council's allowing their long-term use of the truck would allow them to go forward with their goals. McGahan added the truck is not worthy to use on the highway and they could insure that the truck would still be of value to the community. Their organization provides scholarships to people involved in motor care careers. Councilwoman Monfor asked what the liability to the City would be if the truck were donated to this organization. Attorney Graves explained that it would be better to donate the truck rather than let them use it as presented in the letter of request. With donating the truck "as is," liability to the City would cease. Smalley asked if the City no longer is using the truck because it is not safe to carry water, etc., and the organization uses it to haul water and water their track, and their is an accident, what happens then. Graves stated he was not familiar with the truck and does not know if the truck would be suitable to use at the track. Graves went on to say, the benefit to donating the truck "as is" is because the City is not saying it is worthy of use for any particular purpose. If they use it and there is an accident, it would be their problem. Smalley asked if it would be better to auction the truck. Williams stated the race track has their own liability insurance for the equipment it owns. There may be some modification to the truck that could be done to make it applicable for use as a watering truck instead of for firefighting purposes. Attorney Graves stated he did not think there was a big distinction between selling the truck or giving it away. There would be no warranties. Swarner asked if the truck had been declared surplus. Manninen answered it has not been declared surplus, however it would have to be in order for it to go to auction. Donation may be fine, but to whom. Some items have been donated to other units of government which he sees as a different type of agency. That is a distinction which needs to be made here. This organization is not a 503(c) or governmental agency. Manninen added he did not KENAI CITY COUNCIL MEETING MINUTES MARCH 15, 1995 PAGE 3 think a donation would be the right vehicle. The truck should be either auctioned, held and placed in a fire museum, or donated to the fire training school. The City would not want the liability five years down the road. Bannock asked what the normal plan would be for this type of equipment. Manninen answered it would be held or put in the surplus property sale. Bannock asked if there was any other department in the City needing the truck. Swarner suggested Parks & Recreation. McGillivray stated if the equipment is not useable or driveable by the Fire Department, he would not want to use it. Councilman Bookey stated if the truck has been pulled out of use by the City, it should be put into auction. The City needs to get rid of it. Bookey suggested the City could give a donation of funding to help the Circle Track organization purchase the truck. McGahan stated the truck would be driven at a speed of approximately five miles an hour and would not be used on the highway. Williams added he believed the liability to the City would end as soon as the title is signed over. The truck would be donated "as is," without warranty. The Circle Track organization has their own liability insurance. He would like to donate the truck as it is a worthy organization. Smalley agreed with Bookey. He is aware the organization is worthy and has done a tremendous amount of benefit to the community and with the students at the school. However, he believes it would be best to declare the truck surplus and auction it. The City maybe could provide assistance there. Smalley added he would feel more comfortable disposing of the equipment in that manner. He definitely does not want to keep the truck in the City. Williams asked if Smalley was concerned the City might still be the owner of the vehicle by him saying "keeping it in the city." Smalley answered no, he would still prefer the truck be declared surplus and sold at auction. Bookey suggested the truck could bring $8,000-$10,000 at auction. Bookey added he was not comfortable with donating anything that is worth that much to anybody. Bannock agreed with Bookey and KENAI CITY COUNCIL MEETING MINUTES MARCH 15, 1995 PAGE 4 added unless there is a problem the way the truck sits. If the truck can be sold for $8,000-$10,000, it should be sold. Bannock suggesting taking the tank off the truck to make it safer. Bookey stated he was not willing to jeopardize the City. The Circle Track organization wants to give the truck back if they disband. If done that way, the ownership would stay with the City. Williams stated he noted that and was concerned, but also read it as just their thought. Monfor suggested selling the truck to the organization for one dollar in order to cease the liability. Graves stated there is no restriction for donating public property, but public property cannot be sold without a public auction. Swarner stated she had a problem with donating the truck to the first group that asks. It is not known if there is some other group interested in it. Swarner added she did not want to give the truck away. Myrna Sands - Member of the Circle Track Association. Sands stated she wrote the letter and thought the City was ready to let the truck go. They stated they would give the truck back because they were unsure of the process. Sands added she was hearing the organization is willing to take the truck knowing it may be unsafe, but the City would want to sell it to people that are unaware the truck is not in good shape. Council answered no. Williams suggested Council take the request under advisement for a while and see what Administration will do if the truck is declared surplus or donated. Maybe then there will be a clearer plan of what to do with it. B-2. Vivian Swanson - Property Foreclosure/Government Lot 128. Swanson reviewed with Council her letter of March 10, 1995 which was included in the packet. Swanson requested the City Council to reconvey Government Lot 128 which had been deeded to the City due to unpaid assessments in 1986 foreclosure proceedings. Swanson explained she believed that some of the monies paid to the City for assessments were paid to the wrong assessment account (Government Lot 196 of Section 31 which had previously been conveyed to Sonja Letzring, sister of John R. Swanson, KENAI CITY COUNCIL MEETING MINUTES MARCH 15, 1995 PAGE 5 deceased husband of Vivian Swanson). In 1982, Swanson stated, her attorney advised her to "let things lie." Swanson added she has been renting the house on Lot 128. Williams stated the major problem the City faces is the foreclosure took place in 1986. The statute of limitations ran out in 1988, which was seven years ago. Swanson stated the reason why she did not do anything was that the City never violated her. She continues to collect rent, however the assessments were not credited to her property. Swarner asked who is paying the property taxes. Graves stated the property is exempt from property taxes because the property was deeded to the City in 1986. Monfor questioned that the City was deeded the property, but never checked it. Graves stated the building was boarded up in the fall. Williams questioned that the property was deeded to the City in 1986 and Swanson has continued to collect rent since 1986. Graves explained the City filed a foreclosure action in 1984. Vivian Swanson was served. She had two years in which to contest the foreclosure. She did not contest it. She did not defend herself. Her charges cannot be refuted. The City Attorney during that time was Ben Delehay and he now resides in Costa Rica. Graves added Swanson had a right to challenge the foreclosure. She was represented by an attorney, but did not defend herself. Swanson reported she talked with Delehay in Costa Rica. He advised her to try to get a copy of the check the City paid her with for payment of the condemnation action minus assessments owed on properties listed on a 1967 assessments foreclosure list. (The City had filed a condemnation action in 1967 against some properties owned by John Swanson. Payment was made to the estate of John Swanson in 1982, minus assessment amounts owed on Government Lots 168 and 169 of Section 31 and Government Lots 19, 20 and 21 of Section 6.) Swanson referred to copies of payment cards which were included in the packet. Swanson noted payments were credited to Lot 168 but not Government Lot 128. Graves stated some of the assessments accrued after John Swanson died. John Swanson did not pay the assessments. There are records. Some are in the computer. Vivian Swanson was given a copy of whatever records the City has. KENAI CITY COUNCIL MEETING MINUTES MARCH 15, 1995 PAGE 6 Councilwoman Monfor stated she did not believe the Council could address the problem at this meeting. The problem needs to be worked out between attorneys. The matter is very confusing. Monfor added she had a big problem that the City owns the property and Vivian Swanson has been renting it out. No one is paying sales tax, etc. Williams agreed with Monfor in that the problem needs to be sent to Administration. Perhaps the records can be collected and reviewed and the item can be brought back to Council at a later date. The council meeting is not the appropriate venue. Swanson stated the discussion has been dragging on and on. She has been trying to get it settled. She thought a conclusion was getting closer until she received the letter from the City (included in the packet). Williams stated the City would review the information to make sure it is correct. Adding, he did not want to be put in the position of taking a widow's property, etc. Williams added the time period in which this has taken place is questionable. Williams called a close to the comments and asked for further comment from Attorney Graves. Swanson asked, if the owner of the other lot (Letzering) pays the assessments which were owed on the lot given to her by John Swanson, would that help. Williams stated he could not answer that. If other people become involved in the situation, they should contact Administration. Manninen stated he was concerned that this was brought up after it had been settled for six to eight years. It would be like HEA coming back to say they want more money after a check has been sent. Williams stated the properties are not valuable to the City. With the cloud on the title, they could not be sold. As they are, the properties are worthless to the City and to Mrs. Swanson. Councilwoman Monfor requested, with concurrence of Council, for the building inspector to make sure people are not living in the houses on the property as it is the City's property. Manninen stated if the City signed something five years ago, it would be faced to take her to court instead of donating it back. KENAI CITY COUNCIL MEETING MINUTES MARCH 15, 1995 PAGE 7 Williams stated Administration was to take one further review of the question. The City doesn't want the property. Ownership of the property will have to be cleared up. B-3. Borough Assemblyman Tim Navarre - Kenai River Overlay District Assemblyman Navarre updated Council in regard to the Kenai River Overlay District ordinance. Navarre stated the ordinance will be before the Assembly on April 4 but because of comments from the Borough Planning & Zoning Commission, etc., a vote will probably be delayed until May. More amendments could be made to the ordinance in April. Navarre stated his concern of the possibility that the Kenai Peninsula Borough and the City of Kenai might file suit against each other because of the ordinance. He would try everything to not have that happen and urged the Council to do the same. Navarre stated the district now would include 150' from the mean high tide and includes the mouth of the river to its tributaries. There is nothing in the ordinance which says the Borough will take over the authority from the State or the City. Navarre added he would rather work with the City and other entities. He would like all the groups to work on the ordinance to see if there is some fair and basic planning and zoning along the river which would take care of other problems along the river. With this ordinance in place, there would be more say of what happens inside the river. Navarre apologized for his original statements to Council. He understands the City has concerns about the commercial canneries, etc. and the lower five miles of the river. It would help if the Planning & Zoning Commission and Council would make recommendations for he and Assemblywoman Glick to advocate. The Borough has been receiving complaints about commercial developers along the river, but because nothing is in place to stop them, they cannot do anything. This ordinance may be the first step in gaining some control of the river. Mayor Williams explained there is more to the council's concerns than the ordinance. The Council will not acquiesce to the ordinance because of its concern of who has the authority. Williams explained to the public that the City has as much concern for the health, habitat and life of the river than KENAI CITY COUNCIL MEETING MINUTES MARCH 15, 1995 PAGE 8 anyone. The people who put the advertisement in the paper to make the City look bad are misinforming the public. Williams went on to explain the State and other agencies are allowing themselves to build projects which the City tried to do but could not get the permits to allow it. The State is developing a project at the Pillars and on the Chester Cone property. These are very good projects and the City does not oppose them. However, the agencies who would not allow the City to develop a similar project, needing the same types of permits, etc. are the agencies who are allowing these new developments. The rules don't seem to be the same for everyone. Williams stated the City of Kenai is the largest land owner of property along the River. The lower five miles of the River will never be included in the ordinance and the City won't ever give it up. There have been discussions about Title 29. There is some question of the exactness and meaning of Title 29 in regard to zoning authority. The City of Kenai has proven that it can better manage the zoning along the river. Williams referred to a proposal by the Sports Fishermen's Association requesting the Board of Fish to consider 24 hour -a - day, seven day -a -week dipnetting at the mouth of the Kenai. Monday night, the City Council met in a joint session with the Parks & Recreation Commission and the Planning & Zoning Commission to discuss degradation of the sand dunes and beach and what to do to protect them. Now there is the probability that more dipnetting will take place from the mouth of the river and the State is urging people to come to Kenai to fish because they have closed other rivers from fishing. It is not property owners doing damage to the river banks, etc. It is other elements that are destroying the river and this is not being addressed by the overlay ordinance. Williams stated that the line is drawn. The City will not acquiesce to the ordinance until there is a better idea of what the problem is. Councilwoman Monfor suggested the comments made by Williams should be made to the Assembly. They are extremely valid concerns. The City is not precluding itself from being in the ordinance. The discussion between the City and Borough has been by the Clarion. Williams stated he has been before the Assembly KENAI CITY COUNCIL MEETING MINUTES MARCH 15, 1995 PAGE 9 and many representatives of the City have attended committee meetings also. Monfor stated the Assembly is not listening. Williams suggested a joint meeting between the City and the Assembly could take place. Monfor added no one believes the thought behind the ordinance is bad, however the way it came about is the problem. There may be other people from other areas that are saying they will not do it. She definitely agrees the lower five miles should not be included in anything. Monfor went on to suggest that people are only hearing bits and pieces of information and think that the City doesn't care about what happens to the River. Smalley stated he agreed with Monfor. He would like to read and hear that the City has had representation at the Borough Assembly Committee meetings, either by Council or Administration, and has input in the process. He agreed that everyone in the City and the Council is interested in the protection of the River and its habitat. The City has taken the first step and is willing to take more. The Planning & Zoning Commission does so regularly in its continuous efforts to review and keep the zoning ordinances up to date. Having Phil Bryson as a member of the Kenai Peninsula Planning & Zoning Commission and the Kenai Planning & Zoning Commission, the City has constant representation. Smalley went on to say it is the City's responsibility now and in the future to govern the zoning within the city limits. He has no problem in working with the Assembly on other parts of the river, but that portion of the river within the city limits, is the City's responsibility. Williams suggested an ordinance be prepared that would disallow dipnetting at the mouth of the river. The City owns 12 miles of the bottom and banks of the river. Navarre stated he would try and set up a joint meeting with the Assembly and the Council to discuss the matter. Navarre added he does not know how he will vote. He has to make the best decision for the whole Borough. He has to keep all the comments in mind when voting. If the Borough's attorney says they have to include all the river and have the legal right to do so, he will have to take that into consideration. He does not want to go into a suit. He would like the City to go through the ordinance and write down what is acceptable and not acceptable. There is KENAI CITY COUNCIL MEETING MINUTES MARCH 15, 1995 PAGE 10 nothing anywhere that says the City has to buy into the ordinance. Navarre again requested specific comments on the ordinance. Williams asked Assemblymember Glick is there has ever been a joint meeting between the Assembly and the Kenai Council. Glick responded there was one during discussions of the land fill. Glick added there is nothing to preclude two entities to meet and discuss an issue of mutual concern. Smalley stated he believed a joint meeting would be a good idea, but would want to include the Kenai Planning & Zoning Commission members who are dealing specifically with the ordinance. Williams also suggested the Kenai Harbor Commission members be included. Smalley stated the Planning & Zoning Commission has specific authority and power that the Harbor Commission does not. Monfor stated that the Planning & Zoning and Harbor Commissions could listen, but the Council has the final elected power. Smalley referred to Section 21.05.040(a) of the ordinance wherein it discusses prohibited uses. Smalley stated the proposed state park at the Pillars will violate approximately 2/3 of the prohibited uses of the ordinance. Smalley added he is not opposed to the development and thinks it is a worthy project, but if the ordinance was in effect now, there would be problems with the Borough, City and State. Navarre explained there were supposed to have been some renumbering of the prohibited uses, etc. Navarre added the State did agree and comply based on the ordinance as it is today on the Pillars site to see what they would have been required to do. He is willing to make amendments for the good of the river. Williams stated there will be nothing done below the bridge. The Legislature removed the lower five miles. Manninen referred to 21.05.100(b), (d) and (c) where the ordinance discusses non -conformities. Manninen stated he didn't know what (c) meant. Also (b) and (d) would disallow canneries, who may shut down one season due to no fish, from working the next season. Navarre stated the reason (c) was included was because some people fill it is easier to prove a case if they can prove someone or something is not in compliance. He personally does not think that is fair and it is also a misunderstanding that was in the paper. The way it reads now, they would have to prove it KENAI CITY COUNCIL MEETING MINUTES MARCH 15, 1995 PAGE 11 is continuing use. He requested it be reversed so that it would be the Borough's responsibility to prove and he also suggested the time would be two to three years. Navarre added the items discussed now should be included in the April 4 meeting. He hopes the City and the Borough can meet before that Assembly meeting. BREAK TAKEN: 8:39 P.M. BACK TO ORDER: 8:55 P.M. ITEM C: PUBLIC HEARINGS C-1. Ordinance No. 1633-95 - Increasing Estimated Revenues and Appropriations by $343.84 in the Senior Citizens - Borough Special Revenue Fund to Hire a Part -Time Gardener for the Summer Months. MOTION: Councilwoman Swarner MOVED for approval of Ordinance No. 1633-95 and Councilman Bannock SECONDED the motion. There were no public or council comments. VOTE: Smalley: Yes Williams: Yes Bookey: Yes Swarner: Yes Monfor: Yes Measles: Yes Bannock: Yes MOTION PASSED UNANIMOUSLY. C-2. Resolution No. 95-13 - Supporting the Alaska Maritime National Wildlife Refuge's Proposed Environmental and Visitor Education Facility in Homer, Alaska. MOTION: Councilman Smalley MOVED for approval of Resolution No. 95-13 and Councilwoman Monfor SECONDED the motion. KENAI CITY COUNCIL MEETING MINUTES MARCH 15, 1995 PAGE 12 Williams apologized for using "take action" in the letter included in the packet in regard to supporting the facility in Homer. Williams added he should have said "consider action" instead. Councilman Bookey stated he would have liked to have had the letter of support brought to Council prior to mailing it. Williams stated he would have, however the time line did not allow for it. VOTE: Smalley: Yes Swarner: Yes Bannock: No MOTION PASSED. Williams: Yes Monf or : No Bookey: Yes Measles: No C-3. 1995 Liquor License Renewal Application - PROTEST - Kenai Merit Inn. Clerk Freas reported the Kenai Merit Inn water/sewer and hotel/motel accounts with the City of Kenai had been paid in full. However, there were still amounts not current with the Borough, i.e. sales tax and property taxes. Freas explained the deadline for the City to enter a protest was Friday, March 17, 1995. Freas requested a motion which would direct her to file a letter of protest if the amounts were not brought current by March 17, 1995. Councilwoman Swarner if the water/sewer and hotel/motel accounts were paid by cashier's check or business check. Graves answered by business check. Graves added the Finance Department will be checking to see if the check clears at the bank. MOTION: Councilwoman Swarner MOVED for approval of the renewal of the liquor license for the Kenai Merit Inn on the condition that the amounts owing are paid to the Kenai Peninsula Borough by cashier's check and the check to the City is cleared. Councilman Smalley asked if the City could require the payment be made by cashier's check. Graves stated he informed Kenai Merit Inn that the City would file a dismissal to the default judgment which was filed, if the check clears. However, he did not know KENAI CITY COUNCIL MEETING MINUTES MARCH 15, 1995 PAGE 13 if the City could require the Borough to accept payment only by cashier's check. If the check does not clear, Graves believed the Alcoholic Control Board could be notified and they would refuse renewal of the license. They are very sensitive about matters such as this. RESTATEMENT OF MOTION: Councilwoman Swarner requested to change her motion to read if the accounts are paid to the City and Borough. Councilman Smalley SECONDED the motion. Smalley added if the accounts are not brought current the City would continue with the protest. Bannock asked if the taxes owed to the Borough are considered owed to the City, i.e. sales tax, property taxes, etc. The answer was yes. VOTE: There were no objections to the motion. SO ORDERED. C-4. 1995 Liquor License Renewal Application - PROTEST - Italian Gardens. Clerk Freas reported a similar motion would be in order as Italian Gardens was not current on their water and sewer account. Finance Director Brown added the amount owed was for the January billing. The February billing was not due until the 20th. MOTION: Councilman Smalley MOVED for approval of the renewal of the Italian Gardens liquor license contingent upon payment of monies owed. Councilwoman Monfor SECONDED the motion. There were no objections. SO ORDERED. C-5. 1995 Liquor License Renewal Application - PROTEST - Larry's Club. Clerk Freas suggested a similar motion would be in order. Larry's Club was now current with water and sewer amounts, but was not current with Borough tax accounts. KENAI CITY COUNCIL MEETING MINUTES MARCH 15, 1995 PAGE 14 MOTION: Councilman Measles MOVED for approval of the liquor license renewal for Larry's Club contingent upon payment of monies owed to the Kenai Peninsula Borough. Councilman Smalley SECONDED the motion. There were no objections. SO ORDERED. C-6. 1995 Liquor License Renewal Application - PROTEST - Kenai Joe's. Clerk Freas suggested a similar motion would be in order. Kenai Joe's was not current with water and sewer amounts to the City and was not current with Borough tax accounts. MOTION: Councilman Smalley MOVED for approval of the liquor license renewal for Kenai Joe's contingent upon payment of monies owed to the Kenai Peninsula Borough. Councilman Measles SECONDED the motion. There were no objections. SO ORDERED. C-7. 1995 Games of Chance and Contests of Skill Permit Application - St. Francis Episcopal Church. Approved by consent agenda. ITEM D: COMMISSION/COMMITTEE REPORTS D-1. Council on Aging Councilwoman Swarner reported a meeting was held on Monday, March 13, 1995. However, she was not in attendance. Swarner requested a report from Clerk Freas who attended the meeting. Freas reported an election of officers was held. Sam Huddleston was elected Chair of the Council on Aging and Joanna Hollier was elected vice -chair. One member resigned during the meeting due to her planned summer travels. Applications will be solicited for replacement of that member through the Senior Center office. The meeting lasted approximately 14 minutes. D-2. Airport Commission Councilman Measles reported the meeting minutes were included in the packet. Airport Manager Ernst would report later in regard to the airport's recertification. KENAI CITY COUNCIL MEETING MINUTES MARCH 15, 1995 PAGE 15 D-3. Harbor Commission Councilman Bookey reported a meeting was held on Monday, March 6. The minutes of the meeting were included in the packet. An interesting proposal was made by Commission member Jahrig in regard to placing rip -rap at the mouth of the river. Bookey added he did not think the suggestion will go very far. Kornelis reported about the liability insurance request in regard to the inspection contract of Wm. Nelson & Associates for the Sewer Treatment Plant project. Kornelis reported the concern was concluded as Administration accepted the lower amount. Bookey added he assumed the Council was not willing to change their position in regard to the overlay district ordinance. D-4. Library Commission Councilwoman Monfor reported the meeting minutes were included in the packet, as well as the month -end report. Monfor added the meeting was very productive. The Commission worked on the library's policy regarding objections to books, displays, etc. The Commission also discussed April Sunday hours. D-5. Parks & Recreation Commission Councilman Bannock reported the minutes of the Parks & Recreation Commission's March 2, 1995 meeting were included in the packet. The Commission discussed the proposed wellness program and budget. Bannock urged Council to drive down Airport Way and look at the altered Christmas decorations and forward comments to Director McGillivray. Bannock stated he has, and the silhouette decorations look very nice. D-6. Planning & Zoning Commission Councilman Smalley reported the minutes of both the February 22 and March 8 Planning & Zoning Commission meetings were included in the packet. Smalley stated he was not able to attend the meeting and Councilman Bannock attended in his place. Townsite Historic District Board Chair Dorothy Gray gave a presentation in regard to the Board's desire to develop an interpretative site at the Village of Shk'ituk't (Daubenspeck bluff property). Gray requested a joint work session with the Planning & Zoning Commission in regard to the site. The work session was set for April 12, 1995 at 6:00 p.m. in the Council Chambers. The City Councilmembers are invited to attend as well. KENAI CITY COUNCIL MEETING MINUTES MARCH 15, 1995 PAGE 16 Smalley also reported the Commission set a schedule for reviewing and amending the Comprehensive Plan. The Commission has assigned members to review different chapters. They will be adding information in regard to cultural and educational facilities in the City. D-7. Miscellaneous Commissions and Committees a. Beautification Committee - Councilwoman Swarner reported the Beautification Committee met in a work session on Tuesday, March 14 because there were not enough members present for a quorum. Committee member Jeanene Benedict resigned from the Committee. Also, the Committee requests Council's approval to change the time of their meetings to 5:30 p.m. on the second Tuesday of each month. There were no objections from Council. b. Townsite Historic Board - Councilman Bookey reported the next meeting is scheduled for March 28. He will not be able to attend because he will be in Juneau attending AML board meetings. Bookey requested another councilmember to attend the meeting. ITEM E: MINUTES E-1. Regular Meeting of March 1, 1995. Approved by consent agenda. ITEM F: None. ITEM G: OLD BUSINESS None. ITEM H: NEW BUSINESS H-1. Bills to be Paid, Bills to be Ratified KENAI CITY COUNCIL MEETING MINUTES MARCH 15, 1995 PAGE 17 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 None listed. H-3. Ordinance No. 1634-95 - Amending KMC 14.20.320(b)(42) Definitions (Kenai Zoning Code). Introduction approved by consent agenda. H-4. Ordinance No. 1635-95 - Amending the Kenai Municipal Code Land Use Table, Additional Requirements. Introduction approved by consent agenda. H-5. Ordinance No. 1636-95 - Amending the KMC 14.20.105(c)(4) Townsite Historic (TSH) Zoning District, Historic District Board Duties. Introduction approved by consent agenda. H-6. Ordinance No. 1637-95 - Amending KMC 14.20.105(m)(4) Townsite Historic (TSH) Zoning District, Definitions. Introduction approved by consent agenda. H-7. 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. Introduction approved by consent agenda. H-8. 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." Introduction approved by consent agenda. KENAI CITY COUNCIL MEETING MINUTES MARCH 15, 1995 PAGE 18 H-9. Approval - Contract for Emergency Management Services (Kenai Peninsula Borough/City of Kenai). Councilwoman Monfor along. Manninen ex - has gotten involved Borough. The City utilize and enforce developed. asked if the City had been doing this all plained this is the first time that the City in this. Chief Morris negotiated with the will get $44,000 and the City agrees to the North Zone of the plan when it gets Over the past several years, the cities of Seward and Homer have received the same amount of money and the Council said to go see if we can do it. Manninen added Chief Morris is not asking for any new cars or equipment to be paid for with the $44,000. Chief Morris explained the monies received by Seward and Homer were used to pay for one dispatcher in each city. The Borough later found that they did not have the authority to pay for dispatch services in Homer and Seward. The Borough has offered Kenai $44,000 to provide for an alternate #911 answering center to back up the central call -taking facility in an emergency. Homer and Sewer will back-up for Kenai. MOTION: Councilman Smalley MOVED for approval of the Contract for Emergency Management Services and Councilman Measles SECONDED the motion. Councilwoman Swarner requested IINANIMOIIB CONSENT. There were no objections. SO ORDERED. H-10. Discussion - 1995/96 Kenai CIP State Grant Requests. Williams referred to the request information included in the packet. Williams reminded Council they had requested background information of the Capital Improvement Projects for distribution to the area legislators, etc. Williams also reported the Governor has asked for a matching funds budget of approximately $30 million. In earlier discussions, it was thought there may be a possibility to work a Regional Animal Control Shelter into the Governor's capital grant program. Williams added he has not discussed with the Borough their sharing the cost of building a new shelter. KENAI CITY COUNCIL MEETING MINUTES MARCH 15, 1995 PAGE 19 Kornelis requested approval of the grant request information sheets and authorization to mail the letters with the information to the legislators. There were no objections from Council. H-11. Discussion - Peninsula Chambers - Kenai Airport Terminal Lease. A letter from the Kenai Peninsula Tourism Marketing Council was included in the packet for review and explanation. The letter stated the Tourism Marketing Council, Kenai Visitor & Convention Bureau, Soldotna Chamber of Commerce and other Peninsula Chambers would like to use the glassed -in area in the airport terminal (now housing the musk ox) for placement of generic visitor information. They stated there would be no charge for the use of the area. Ernst asked if Council would like to allow use of the area on a trial basis. If Council approves, this group will proceed with more explicit information as to what they intend to do. Ernst told the Marketing Council he has had several inquiries for rental of the space. (Ernst stated, the businesses wanting to be placed there would not be allowed due to conflicts with the restaurant lease and poster/phone rentals. Councilman Bookey stated he found it hard to propagate anyone but the City. Williams reminded Council they have allowed a radio station to use that area at no cost for promotional purposes. Councilman Measles stated he was concerned there may not be anyone working in the area who would be making sure the area was kept neat, etc. and would not be available to answer questions, give correct directions, etc. Measles added if there is an information area, it should be staffed. If the desire is to have brochures available, they could be placed anywhere in the terminal. Bookey stated he would have a problem if there would be promotional information for individual businesses. Bookey added, members of the KBVCC pay to have their brochures placed at the Center. Ernst reported he discussed those concerns with the Marketing Council. That is why they want only to have generic information of the Peninsula available. Ernst added if Council thinks this is a plausible idea, he will get a more detailed proposal and bring the information back to Council. KENAI CITY COUNCIL MEETING MINUTES MARCH 15, 1995 PAGE 20 Bookey stated he would want the KBVCC to make a proposal for discussion as well. Ernst stated the KBVCC is included in the Marketing Council proposal. Councilman Measles stated he did not want something in there just to have something filling the space. The musk ox could do more than brochure racks. Measles reconfirmed his feeling that an information area should be staffed in order to talk with tourists, etc. Measles added he had a problem with having unstaffed commercial brochure racks where the information could get scattered all over the terminal. Ernst stated they discussed the possibility of having a full-time person. Also, it may be better to use space at the south end of the terminal where someone can sit with information available. Measles stated he believed the old Raven Transit counter would be better for the information racks. Council concurred. Measles added there should be no commercial brochures and the counter should be staffed with a person who is familiar with the area and who can give accurate information and directions. ITEM I: ADMINISTRATION REPORTS I-1. Mayor a. Sockeye Season - Williams referred to amendments to the Kenai River Sockeye Salmon Management Plan proposed by the United Cook Inlet Drift Association. The information was added to the agenda at the beginning of the meeting. Williams referred to Page 5 where it discussed additional dipnetting in the Kenai River. Williams stated his concern of opening the River for additional dipnetting and the additional degradation this activity will have on the banks of the River, the mouth of the River, and the beach and sand dunes in the City. Williams reminded Council the City of Kenai owns the banks on both sides of the river, as well as the land under the river. Williams suggested the City could allow dipnetting in this area only to citizens of Kenai. Councilwoman Monfor reminded Council these suggested amendments are only representing the wants of the sports fishermen and do not represent all entities involved. Monfor suggested a letter be sent to the Fish and Game Board stating the City's concerns. KENAI CITY COUNCIL MEETING MINUTES MARCH 15, 1995 PAGE 21 Bannock agreed. Bookey suggested asking the State for assistance for providing adequate sanitation, patrolling access, etc. Councilman Measles referred to conclusions No. 1 and 3 and stated he did not understand what either group hopes to accomplish with the changes. Williams added in his discussions with Theo Matthews he stated the City has worked to enhance its economy and steer clear of the fishing groups, allocations, etc. Now the City is being caught up into the debates. b. Gaming Statutes - Williams requested Council review the Alaska Statutes added to the agenda at the beginning of the meeting. The statutes discussed approval of gaming permits. Williams stated the statutes do not say the City has to take any action or permits. However, those wishing to get a permit, by law, must bring their applications to the local government for review. Williams and Measles discussed cities being able to be included on multi -beneficiary permits. It was suggested the City could pass an ordinance which prohibits gaming in the city. Bookey stated his concern that the City might object to a permit and the Division of Gaming does not note the objection and disallow a permit. Williams stated it could be stated the gaming is detrimental to the best interest of the public. Measles suggested the only thing the Council could do would be to establish an ordinance. Clerk Freas reported she had been requested by Councilmen Measles and Bookey to search the records for any other permit applications which Council had stated their objection. She found three from 1990 to date. Freas also stated she was told by a representative from the Division of Gaming that if Council wished to object to an application, it may be more effective to write a letter to the Gaming Commissioner, stating the reasons why they object. Attorney Graves was asked to check whether there are other municipalities or boroughs in the State who tax gaming income. Measles stated he believed that would be a mistake to try. There are many reasons why the Kenai Peninsula Borough backed away from collecting taxes on gaming. Bookey asked Measles if he was suggesting an ordinance which would require the City of Kenai to have authority in the gaming KENAI CITY COUNCIL MEETING MINUTES MARCH 15, _995 PAGE 22 regulations. Measles stated yes. Williams added the ordinance would have to be stronger than the Alaska Statute. Graves asked if he was to check into what other communities have done in regard to regulations in ordinances, not taxes. Measles stated he believed it would be worth looking into. Council concurred. I-2. city Manager a. 1995/96 Budget - Manninen reported the draft 1995/96 budget will be available for Council at the next meeting. b. Ambulance Fee Proposal - Manninen reported the proposal would be before Council at the April 5 meeting for consideration. b. EDD - Manninen reported he expects, in the next couple of months, a group from the EDD to speak with Council and ask for some kind of a final application or loan guarantee for the EDD grant application which may require one. Manninen added he mentioned to the Borough that he expects them to take a position and if they expect the City to, they should send a delegation to the City to ask well ahead of time. Since the City will be starting their budget process, the next meeting may be timely for them to make a presentation. If they get their act together and the EDA's go ahead for the final application for the Old Carr's Mall, he expects someone will be here to make a presentation. d. sand Dunes - Manninen stated he believed ownership information of sand dune properties, which Council requested at their March 13, 1995 work session, was before them this evening. Clerk Freas corrected Manninen and stated the information would be available in the Council's next meeting packet. e. Enstar - Manninen reported he met briefly with representatives from Enstar. There was no agreement. They are back to the drawing board. He will come back with something when he gets a negotiated agreement. They could not agree on three issues: franchise fee, Thompson Park gas lines overrun, and the relocations. Councilwoman Monfor asked if Enstar forgot that if the City had not sold them the Kenai Gas Company they would not be in the position they are in today. Williams stated he gently reminded them. Monfor added Enstar promised to treat the City fairly and KENAI CITY COUNCIL MEETING MINUTES MARCH 15, 1995 PAGE 23 honorably. Williams stated the first thing they did was shut down the office in the City of Kenai, layoff their employees, and move out of the city. f. Street Light Agreement - Manninen reported Kornelis is working on an agreement with HEA in regard to street light maintenance. Either a proposed agreement with HEA or an RFP for a private contractor to do the work will be brought to Council on May 1. I-3. Attorney Graves reported he would be taking personal leave next week. I-4. City Clerk Clerk Freas referred to her memorandum included in the packet in regard to filling positions on the Personnel Arbitration Board. Council suggested calling those persons who did not respond to her letter. Additional suggestions for placement on the Board were Mark Necessary, Dr. Peter Hansen, Joe Moore, Ron Rainey, Linda Chivers, John Steinbeck and Kippy Mena. Also, another memorandum should be forwarded to employees for additional suggestions. I-5. Finance Director No report. Public Works Director Kornelis reported the Corps of Engineers will make a site inspection of the bluff on March 20 at 8:30 a.m. Discussions will follow the inspection. Discuss continued in regard to the information included in the packet by Kornelis on the OSHA inspection of the sewer treatment plant. The information was included with Ordinance No. 1639-95 which was introduced during the meeting. Kornelis explained other sewer treatment plants were called, as well as the engineer, and all were unaware of the OSHA Process Safety Management Program. KENAI CITY COUNCIL MEETING MINUTES MARCH 15, 1995 PAGE 24 I-7. Airport Manager Airport Manager Ernst reported the ticket counter renovation had begun and the carpet replacement bid packets were out and available. Repainting will be completed prior to the carpet being installed. All the work is to be completed by June 1, 1995. Ernst also reported the airport passed its recertification inspection. He, Keith Holland and fire department personnel were tested. This was the first inspection for which there was no letter of discrepancy filed. Ernst thanked the Fire Department for their cooperation. The FAA was thoroughly impressed. Monfor suggested a press release be sent to the newspaper. Williams asked if the Fire Department had heard back in regard to the insurance rating. Chief Burnett stated he had not heard anything yet. Williams suggested a press release be made on behalf of the Fire Department and the Airport. All media should be included (Anchorage newspaper, as well as local radio stations). ITEM J: DISCUSSION J-1. Citizens Emily DeForest - Reported she had attended a conference in Juneau where she was introduced to a new model of SLED. DeForest requested Council to urge the legislators to keep SLED in the Governor's budget. J-2. Council Bookey - Asked if the new display case was going to be altered, etc. Kornelis replied he had spoken with the maker of the case and explained the problems. They will come to look at it in the next few days. Bookey suggested the case should be changed, moved, or given to another department since it is not what was wanted. Swarner - Reported she would be attending Legislative Committee meetings in Juneau on March 27, 28 and 29. Williams reminded Council the joint reception would be held on March 28 from 5:30 p.m. to 8:00 p.m. at the Baranof Hotel. KENAI CITY COUNCIL MEETING MINUTES MARCH 15, 1995 PAGE 25 Swarner thanked the Fire Department for the party and stated her appreciation for the back-up information of CIP projects Kornelis prepared. Swarner also stated her concern that the Engineering Technician was mentioned at the work session to work on a master plan for the sand dune/beach area. Swarner stated she thought the Engineering Technician's first priority was to work on the safety issues. Swarner stated she received a complaint from a person who had used a taxi to go from the airport to her place of business. The passenger complained that there was no room in the truck for luggage due to spare tires stored there. The passenger was charged $2.00 for the trip and was not able to get a receipt. Williams stated he understood the concern, however there is no employee available to inspect cabs. Monfor - Nothing. Measles - Nothing. Bannock - Thanked the Fire Department for making a safety presentation at his work. Smalley - Thanked the Fire Department for the party. Informed Council he would be out of town next week and stated Bannock would attend the Planning & Zoning Commission meeting for him. Smalley suggested Council proceed with the evaluations during the April 5 meeting. Williams - Thanked the Fire Department for the party and congratulated Ernst for the FAA recertification of the airport. ITEM K: ADJOURNMENT The meeting adjourned at approximately 10:15 p.m. Minutes transcribed and submitted by: Carol L. Freas, City Clerk MAR 24 '95 15:48 P. r- / Ed Romer a 6461 Teshlar Circle k Anchorage, Alaska 99507 \ L{ March 23, 1995 Regarding: Ordinance 94-52 ;. Mayor and Council members, Below you'll find exerts from a letter related to a telephone conversation I had with one of the Kenai Peninsula Borough assembly members. That person probably won't mind me sharing it with you. Thank you so much for the time you spent on our telephone conversation of March 22. Your efforts toward protecting the river are certainly noble and worth while. And with which I am very much in sympathy with. However I wish to reiterate some of my comments, Most of the bank degradation is on public property and has been precipitated by the policies of the Department of Fish and Game and the Kenai State Park service. The red salmon sports fishing policies as well as the development of State parks along the river have encouraged huge numbers of people to trample the banks. As late as yesterday the board of fisheries has decided to enlarge the sports fishing catch and lengthen the dip net fishery on the river both in the City of Kenai and upriver. Until the issue of crowd control is addressed the problems will continue. Recently Chris Titus (parks)was quoted in the media and suggested that private development was the problem. That seems to a typical government attitude but I find it amazingly hypocritical. The ordinance does not address the real problem and things that the agencies should do immediately. First spend money on floating shoreline docks and walks in critical habitat areas. Secondly, fisherman need to be encouraged to quickly get their red salmon limit and get off the river bank This could be done by requiring barb -less hooks and/or mandatory keeping of first fish landed(snagged or not). In conjunction red salmon punch cards with time and date of catch should be used. Absolutely no catch and release of red salmon should be allowed! This would save a lot of wasted fish and decimated bank. Increased protection is a must. I mean enforce the rule of first catch first keep and absolutely no fishing after your limit is reached. Red salmon punch cards should be bought in order to discourage cheaters from getting more than one card. The money could pay for habitat protection. Eliminate the stupid dip net policy on the river. Get more latrines for boaters. Deal with the crowds that actually trample the river banks. MAR 24 '95 15:49 P.2/1 It seems totally unfair to impose a "take' of private property rights until these agencies initiate policies on public property that work! The State Department of Transportation yard on the river is another example of State hypocrisy. By the way the borough seems somewhat culpable in that they could place more pressure on the these agencies as well as spend more money on the river. Most particularly I am concerned about the proposed "take" of rights from the commercially zoned private property owners below the Warren Ames bridge. Please note that the fish processors have been there for many years with out any negative affect on the river. Also remember that they are already highly regulated. It seems to me that the borough has not proved its assertion that private property owners are the cause for habitat destruction along the banks of the river. Further it seems only right that the government purchase the legitimately held rights of property owners not just take them. The ordinance as proposed below the Warren Ames Bridge would violate the findings of the Kenai Peninsula Borough Coastal Management Program and the Alaska Coastal Management Council and (title 29) the City of Kenai's sovereignty. In the event the ordinance is adopted below the Warren Ames Bridge, the borough could expect the fish processors to ask for millions in damages for lost property values. Reduced assessed tax values could be demanded. Also the borough may be required to refund prior years real-estate taxes paid on commercially zoned property. My own loss would be at least six figures. Although extremely concerned for the river I must strongly assert that government agency policies concerning the sports fishing up river are the real cause for bank habitation loss. Please defend the tax paying property owners below the bridge who are not in anyway culpable for the habitat abuses up river. Respectfully, Ed Rinner Citizen MRR 31 '95 10:05 P . 0 1 GREATER KENAI CHAMBER OF COMMERCE RESOLUTION 96-03 A RESOLUTION OF THE GREATER KENAI CHAMBER OF COMMERCE BOARD OF DIRECTORS OPPOSING THE KENAI PENINSULA BOROUGH KENAI RIVER OVERLAY DISTRICT(KRD) WHEREAS, the City of Kenai is a first class home rule City, zoning powers need not and should not be superseded by the Borough, and WHEREAS, the KRD is selective zoning and does not address other Peninsula rivers, beaches, tide flats and other sensitive habit areas, and WHEREAS, the majority of the issues addressed by the proposed ordinance are presently administered by one or more State and Federal agencies, and WHEREAS, a financial impact study has not been made to determine where enforcement and permit processing dollars will come from and the cost to property owners for these new permits has not been determined, and WHEREAS, this issue is AGENCY AND SPECIAL INTEREST driven, extra time should be taken so that the good of the general public, property owners and business community is not overlooked, and WHEREAS, there is no single state of the art or comprehensive methodology for assessing cumulative impact on river ecologic nor is there specific criteria for habit units defined in the KRD, and WHEREAS, only 2.2% of the habitat units as described in the ADF&G technical report 94-6 have been seriously damaged in over thirty(30) years, and King Salmon runs are at very healthy levels, gives time for well thought out and deliberate action, and WHEREAS, 49% of the habitat area of the Kenai River System is in Federal and State ownership, let restricted use or any new permit process begin with these agencies, and WHEREAS, habitat damage is primarily the result of foot traffic, boat wakes and improper boat dockage, let THESE issues be addressed by regulations, restrictions and education NOW THEREFORE BE IT RESOLVED THAT THE GREATER KENAI CHAMBER OF COMMERCE BOARD OF DIRECTORS IS OPPOSED TO THE CONCEPT OF A BOROUGH KENAI RIVER OVERLAY DISTRICT. BE IT FURTHER RESOLVED THAT THE GREATER KENAI CHAMBER OF COMMERCE BOARD OF DIRECTORS SUPPORTS THE ENACTMENT OF A KENAI RIVER HABITAT MANAGEMENT PROGRAM IF IT RESULTS IN A COMPREHENSIVE AND COOPERATIVE MANAGEMENT SCHEME WHICH WILL ENSURE THE HEALTH AND LONGEVITY OF THE KENAI RIVER AS A VITAL COMMUNITY RESOURCE. PASSED BY THE GREATER KENAI CHAMBER OF COMMERCE BOARD OF DIRECTORS 77M _ 3131 DAY OF MARCH ,JW Bill Kluge, Pfesident Kenai Chamber of Commerce Board of Directors Al= ct � aura R. Measles Executive Director Council. City of Kenai March 16, 1995 I am pleased that you are not only recognizing the problems at the beach on Spruce street but have every intention of attempting to remedy same. I was not aware of the importance of the dunes. nor their eminent danger. I have spent the better part of July and August down there for the past 3 years.and have been aware of the problems with latrines or the lack of them. There was NO PLACE in the dune area where someone has not relieved himself Children and dogs played through the area and through the human debris There was never, in my estimation, enough privies for the number of people who used the beach. I went to the city to complain that the porta potties were over full and the next day one was removed to be emptied and not returned to the site. I was told that there wasn't room to get a truck down there to bring in new ones which I found strange as they had already removed one The cement restroom was so overwhelmed with usage and abuse that it was totally unusable. If one did decide it was absolutely necessary the stench made it impossible. It is my opinion that it would take an attendant to monitor those toilets at least twice a day during the heavy usage if they wanted a minimal sanitation level maintained. I feel that there was never any lime or other chemicals that are normally used, applied to the current site. Perhaps during the busiest periods one of the old tank trucks that are used in the flower gardens could be used to swill out those types of restrooms If you put the toilets too far away ( such as at the top of the hill) you will insure the death of the dunes, as well as a massive health problem because the public will NOT walk that far or send their children that far. They will send them to the dunes instead I plan to spend a great deal of the summer at the Kenai mouth again, as I rely very much on the salmon I put up. Also I am older and fatter and would not enjoy a longer walk to haul stuff up or down. However , I encourage you to block off that beach road, and put the only parking over near the sewer plant. I think the only way you could leave that road open AND assure the safety and cleanliness of the the dunes would be to totally fence them off, from both the road and the beach.... with access to the river beach. I also believe that it would take a full time person to just monitor the area as there will be many angry people who will want to break down the barrier and use the access anyway. The monitor would need to be someone who had authority to force people to stay off the closed area AND the bearing to carry it off. I know it would make many people unhappy to do that, but I urge you take such action. I also request that you consider some type of ordinance that would not allow dogs on the beach at any time m July, August unless they were leashed Sturdy fines could help pay for the enforcement of the dog rule and would cut down on some Of the problems experienced by both city and visitors. Thank you for allowing me to have input into this area of concern. Vesta Leigh P.O. Box 905 Kenai, Alaska 99611 283-4518. MAR-31-1995 10:50 FROM HICKS,BOYD,CHANDLERBFALCO TO 19072833- '' HICKS, BOYD, CHANDLER & FALCONER Attorneys at Law 825 West Eighth Avenue, Suite 200 Anchorage, Alaska 99501 Telephone: (907) 272-8401 Telecopier: (907) 274-3698 FAX COVER SHEET Date: 3/31/95 Fax No. (907) 262-8616 (907) 262-8615 (206) 323-9165 (206) 726-3790 (907) 283-3014 262-4709 (907) 283-8499 (907) 283-5974 349-1723 Please deliver to: Mayor Don Gilman, Members of the Assembly of the Kenai Peninsal Borough Mr. Alec W. Brindle, Mr. Bill Brindle, City of Kenai, Mr. Paul Reusch, Mr. Bob Scott, Mr. Marvin Dragseth Ms. Gay Muhlberg Firm/Company: From: Brian Boyd Total number of pages sent, including this cover sheet: 12 if there are any problems, please call (907) 272-8401 and ask for Gale. ORIGINALS WILL BE FORWARDED VIA: Regular Mail Express Mail Courier Hand -Delivery Other Not Forwarded 2hia facsimile transmission is intended only for the addressee named above. jr. contains information that is privileged, confidcntial or otherwise protected from use and disclo- sure. If you are not the intended recipient, you are hereby notified that any review, disclosure, copying or dissemination of this transmission, or tba taking of any action in reliance on its contents, or other use is strictly prohibited. If you have received this transmission in error, please call immediately (collect, if necessary) so that we can arrange for its return to us. Thank you for your cooperation. MESSAGE: MAR-31-1995 10:50 FROM HICKS,BOYD,CHANDLER&FALCO TO 19072833014 P.02i12 HICKS, BOYD, CHANDLER & FALCONER ATTORNEYS AT LAW SUITE 200 825 WEST EIGHTH AVENUE ANCHORAGE, ALASKA 99501 TELCPh+ONC: (907} 272- 8401 TELGC0PiERr(907) 274-3698 March 31, 1995 FAX (907) 262-8616 FAX (907) 262-8615 Mayor Don Gilman and Members of the Assembly of the Kenai Peninsula Borough 144 N. Binkley Street Soldotna, Alaska 99669 Re: Kenai River Overlay District, Proposed Ord. 94-52 Dear Mayor Gilman and Members of the Assembly: I am submitting the following comments on proposed Ordinance 94-52 on behalf of Wards Cove Packing Company. Wards Cove Packing Company is vitally concerned about the degrada- tion of the Kenai River ecosystem and its salmon populations. The continued operation of our Kenai fish processing plant and the livelihoods of the more than one hundred and fifty employees of the plant depend on the continued health of the Kenai River salmon runs. We do not lightly oppose legislation designed to protect the salmon runs on which the operation of Wards Cove's plant depends. Nevertheless, in its present form, Wards Cove must oppose the enactment of Draft Ordinance 94-52. We hope that the comments and objections stated below lead to a proposed ordinance which Wards Cove could support, and we have tried to make suggestions towards that end. I. Commercial Fish Processing Operations on the Lower Kenai Cannot Survive as Nonconformigg Uses As the Flood Insurance Rate map shows, virtually all of Wards Cove's Kenai plant falls within the 100 year flood plain. The superintendent's house is the biggest structure outside of the 100 year floodplain. The 100 year floodplain is enormous at the mouth of the River, where all of the commercial fish processors are located. Wards Cove is far from alone in finding its plant almost entirely within the floodplain. At least one of Wards Cove's competitors is entirely within the 100 year flood zone. Under the ordinance as it now stands, virtually all of Wards Cove's MAR-31-1995 10:51 FROM HICKS,BOYD,CHANDLER&FALCO TO 19072833014 P.03i12 Mayor Don Gilman Members of the Assembly of the Kenai Peninsula Borough March 31, 1995 Page 2 buildings and improvements and most of the buildings and improvements of the other processors would all become nonconforming uses. By effectively categorizing Wards Cove and other commercial fish processors as nonconforming uses, the proposed ordinance incorporates a whole body of law that assumes that such nonconforming uses are undesirable and should ul- timately be eliminated. The term "nonconforming use" is a term of art, which has a definite meaning established by the Alaska Supreme Court and other case law. The fundamental policy underlying nonconforming uses is not main- tenance of the status quo, but eventual elimination of the nonconforming uses. A nonconforming use refers to a use that was in existence prior to the enactment of a land use regulation. By definition, nonconforming uses are thus contrary to the goals of the land use regulations and are therefore legally deemed undesirable. By designat- ing the operations of Wards Cove and other commercial processors as nonconforming uses, the Borough is not simply maintaining the status quo, but indicating that it would like to get rid of those nonconforming uses. Nonconforming uses exist because the constitutional restrictions of due process prohibit a municipality from summarily terminating land uses that had been legal prior to the enactment of the zoning regulation without compensation. Instead, the zoning authority regulates the nonconforming use until it is eventually extin- guished by abandonment, destruction or obsolescence. The zoning authority's regulation of a nonconforming use is not in- tended to be benign or neutral. The Alaska Supreme Court has announced a general Policy that nonconforming uses are to be "restricted and terminated as quickly as possible."' Courts in other states have elaborated on this principle, agreeing that nonconforming uses are disfavored by law and that land use ordinances should be construed in favor of termination of nonconforming uses.' One court has stated that the intention is to strictly regulate the nonconforming uses until they "wither and die."' When the Borough labels a use as nonconfomling, it declares its hostility toward that use. 1 Kelly Sunply Co. Y. City of Anchorage, 516 P.2d 1206, 1210 (Alaska 1973). 2Uague to Save Lake Tahoe v Crvs_=rises, 685 F.2d 1142, 1145 (9th Cir. 1982); Rotter v. Coconimo County, 818 P.2d 704, 707 (Ariz. 1991). 'Beck v. Board of Zoning App], 624 N.E.2d 286, 287 (Ohio App. 1993). MAR-31-1995 10:51 FROM HICKS,BOYD,CHANDLERBFALCO TO 190?2e33014 P.04i12 Mayor Don Gilman Members of the Assembly of the Kenai Peninsula Borough March 31, 1995 Page 3 While we do not believe that it is the Borough's intent to slowly strangle the commercial fish processing plants located at the mouth of the Kenai River, that is the effect of the pending ordinance. Certainly it is not in the Borough's best interests or that of the public to see this substantial part of the Borough's tax base and the livelihoods of all these employees "wither and die." Proponents of the ordinance might argue that that is not the ordinance's intent. it is not the intent that the Assembly or the backers of the ordinance had which governs, however, but the actual language. Nor is it enough to simply give a different definition to the term "nonconforming use" for purposes of this ordinance. There are too many gaps in the coverage of the proposed ordinance which would result in courts or administrators looking to the commonly accepted usage of the term in applying it to specific instances which might arise under this ordinance. In any event, other language in the ordinance suggests that the intent it to eliminate these nonconforming uses. For instance, businesses are not static. They must respond to changing technology, changing competition, and the changing demands of the market. The switch from canning salmon to freezing salmon is a case in point. That change resulted in construction of an entirely new freezer plant, an expansion of the existing facility. Wards Cove's freezer plant was only constructed in 1979. The last canning line was removed from the plant in 1991. This ordinance may well stop the next generation of technological changes. New technology on the horizon plans machinery to de -bone and de -skin salmon. The proposed legislation would matte virtually all of the plant a nonconforming use, allowing the plant to operate as it is, but prohibiting Wards Cove from making the changes necessary to keep up with changing times. Had the proposed ordinance been in effect when Wards Cove was seeking to build the freezer plant in 1979, Wards Cove could not have built that freezer facility without a varianm. As explained below, the standards for variances under this ordinance are so stiff that the likelihood of Wards Cove (or anyone else) obtaining one is scant. Nor is changing technology the only issue. To compete with other processors, floating or shorebased, Wards Cove must have the ability to expand and to modify its facilities. Wards Cove has only just completed a two-year project to modify its dock to increase working area and reduce handling of product (which in turn improves product quality, an important factor in the competition between wild and farmed salmon). Large parts of those improvements lie within the "Bank" area where "industrial, commercial and manufacturing uses or structures" such as Wards MAR-31-1995 10:52 FROM HICKS,BOYD,CHANDLER&FALCO TO 19072833014 P.05/12 Mayor Don Gilman Members of the Assembly of the Kenai Peninsula Borough March 31, 1995 Page 4 Cove's are prohibited entirely.' Had this legislation been in place when Wards Cove sought permission to construct these improvements, the improvements would have been flatly prohibited. Nor, for the reasons discussed below, would the option of seeking a variance for this improvement have been a realistic possibility under the standards set by this ordinance. Wards Cove may need to change it facilities to meet changes in demand and the market. For instance, new halibut and black cod individual fishing quotas (IFQs) are changing the nature of those fisheries from short, derby style openings to a much longer season, which results in entirely different handling and marketing of the product. For instance, the halibut season will switch from two to three days per year to an eight -month, continuous season. Running an eight -month halibut or black cod operation over the spring, summer and fall seasons would require substantial modifications to a facility that was designed and built for warmer, summer operations only. By law, a nonconforming use has no right to modify its facilities to meet changes in demand or other changes in the market.-' The proposed ordinance entirely bans new "commercial" uses within the Bank Area.6 Within the flood plain, which includes virtually all of the rest of Wards Cove's facility, new commercial uses would be allowed only if they would not "cause adverse alteration of fish and wildlife habitat. "' As that language is drafted, a project which would cause shy adverse effect is prohibited, not just those which cause adverse effects which are "significant" or "substantial." Since virtually any "commercial, manufacturing or industrial use" in the flood plain is likely to cause some adverse effect, Wards Cove would effectively be barred from making any changes to its plant in response to the implementation of halibut and black cod TFQs, development of other new fisheries, or other changes in the fisheries. Variances are not a realistic possibility in this area, either, as the ordinance is now drafted. The rights of nonconforming owners are further confused by the "overlay" of the Borough ordinance upon existing zoning ordinances. The proposed "Proposed 21.05.044(B)(6). 'Township of Kelley v Zoning Hearing Board of Kelley Township, 388 A.2d 347, 349 (Pa. Cmwlth. 1978). 6Pooposed 21.05.040(B)(6). 7Proposed 21.05.050(C)(6) and 21.05.080(B). MAR-31-1995 10:52 FROM HICKS,BOYD,CHANDLER&FALCO TO 19072833014 P.06i12 Mayor Don Gilman Members of the Assembly of the Kenai Peninsula Borough March 31, 1995 Page 5 ordinance states at one point that where City and Borough ordinances both apply, "then the more restrictive provisions all apply. "$ That language is mandatory on the planning commission.9 Incorporating provisions from the Kenai City Code in this manner may lead to some unintended results. The Kenai City Code reflects the same hostility to nonconforming uses that the Alaska Supreme Court (and the other courts cited above) have stated. By incorporating the City Code terms, the proposed ordinance places an even greater burden on the commercial processors. For instance, the Kenai City Code does not permit expansion of a nonconforming use beyond the area actually occupied by the current use.10 A processor would thus need two variances to improve its plant, not one. In addition, under the City Code, if over 50 percent of the facility (by value) is destroyed by fire or other disaster, the nonconforming use will be terminated and reconstruction of the nonconforming structure will not be allowed." If the stricter provisions of the City of Kenai Code were applied, as the proposed ordinance mandates, Wards Cove would not be allowed to rebuild its facility, with the resulting loss of tax base and livelihood for the area. Nor is it sufficient to say that the plant would simply be rebuilt elsewhere. Floating processors are an ever present and growing part of the processing industry. The likelihood is that the processing of the product and the associated jobs would simply move offshore. Perhaps the intent of the ordinance is indeed to have the commercial processors "wither and die. " If it is not, however, those processing plant improvements within the Bank Area and the 100 year flood plain (which will include substantial parts of each and every processor's facility) must be given a different and more favorable status. Even if nonconforming use status could be made less restric- Vroposed 21.05.010(A). 'Elsewhere, the proposed ordinance simply states that "cities may enforce standards more restrictive within their city limits should they choose to do so." Proposed 21.05.010(D). A conflict may exist between these two directives, but ambiguity is hardly a plus. "Kemi Code 14.20.050(f). 11K,enai Code 14.20.050(D). MAR-31-1995 10:53 FROM HICKS,BOYD,CHANDLERBFALCO TO 19072833014 P.07i12 Mayor Don Gilman Members of the Assembly of the Kenai Peninsula Borough March 31, 1995 Page 6 tive, it is not enough to simply maintain the status quo. These businesses must have the flexibility to change to meet technological demands, normal growth and changes in the fisheries and the market. 2. The Proposed Ordinance Is in Conflict with the Alaska Coastal Management Program. Effectively designating the commercial fish processors as nonconfor- ming uses is in direct conflict with the Coastal Management Plan previously adopted by the Kenai Peninsula Borough and approved by the Alaska Coastal Policy Council. The proposed ordinance is a significant modification in the existing Coastal Management Plan. Since significant amendments to the Coastal Management Plan require the approval of the State of Alaska's Coastal Policy Council before they may become effective, the Assembly is not legally empowered to enact the ordinance as it now stands without first securing the Coastal Policy Council's approval. Administration and direction of the Coastal Management Program for a district within the state is obtained by a delegation of authority from the state, which in turn is subject to certain federal mandates. The local coastal management plan is subject to state approval and ongoing state oversight. State regulations require Coast- al Management Districts to identify "areas of the coast suitable for the location or development of facilities related to commercial fishing and seafood processing. n 12 The Kenai Peninsula Borough Coastal Management Plan met this requirement when it expressly designated the stretch of the Kenai River below the Warren Ames Bridge as an area suitable for the location of seafood processing facilities and fishery -related in- dustry.13 The Alaska Coastal Policy Council approved the Plan, including this designation, on January 30, 1990. By Ordinance 90-20, the Kenai Peninsula Borough Assembly then made effective the Kenai Peninsula Borough Coastal Management Plan on April 10, 1990. The terms of the Coastal Management Plan itself specifically require all new land use plans to be reviewed for consistency with the Coastal Management Plan.14 This consistency review has apparently not been performed. Even if it had been, however, it is difficult to see how a land use plan which transforms the bulk of 126 AAC 80.090. 13Coastal Plan § 7.1. "Coastal Plan § 4.1. MAR-31-1995 10:53 FROM HICKS,BOYD,CHANDLER&FALCO TO 19072833014 P.08i12 Mayor Don Gilman Members of the Assembly of the Kenai Peninsula Borough March 31, 1995 Page 7 seafood processors' improvements into nonconforming uses which are to be "te- rminated as quickly as possible" can possibly be consistent with the earlier designation of this area as one "suitable for the location and development of facilities related to commercial fishing and seafood processing." Moreover, a change of this type is required by state law to be reviewed and approved by the Alaska Coastal Policy Council. The State of Alaska has designated certain coastal uses as areas of State concern, including seafood processing." State law similarly provides that any amendment which restricts or excludes such "a use of state concern" is a "significant amendment" which requires review and approval by the Alaska Coastal Policy Council before it can become effec- tive.16 By prohibiting any further development of the Bank Area, by effectively prohibiting any further development in the 100-year flood plain, and by effectively making local seafood processors nonconforming uses in areas previously designated as suitable for their use, the proposed ordinance is making a "significant amendment" in the existing Coastal Policy Plan. As with the original enactrnent of the Coastal Management Plan, such a significant amendment must be approved by the Alaska Coastal Policy Council before the Borough Assembly can actually put it into effect. Wards Cove does not believe that the approval of the Alaska Coastal Policy Council could be obtained for these severe restrictions on seafood processors. Wards Cove is unaware of any changes that have occurred within the last five years, since the adoption of the Coastal Management Plan, which would justify a radical policy reversal designed to "terminate [the uses of the seafood processors] as quickly as possible."17 states: The proposed ordinance is incredibly restrictive. For instance, it Activities which could degrade the integrity of the river bank, the riparian zone, the contiguous wetlands or the ad - "AS 46 40 060; AS 46.40.210(6); 6 AAC 040-120; 6 AAC 80.090. `6 AAC 80.900(23); 6 AAC 85.120. 17Kel ey =ly Co. v. City of Anchorage, 516 P.2d 1206, 1210 (Alaska 1973). MAR-31-1995 10:54 FROM HICKS,BOYD,CHANDLER&FALCO TO 19072833014 P.09i12 Mayor Don Gilman Members of the Assembly of the Kenai Peninsula Borough March 31, 1995 Page 8 jacent water bodies shall not be allowe Under this language, arty activity which might cause degradation shall be prohibited. Virtually any human activity, let alone structures or improvements, might result in degradation. This standard effectively amounts to a flat prohibition of any commer- cial structures or activity in the Bank Area which it covers. This is consistent with the specific prohibition of new "industrial, commercial and manufacturing uses and structures" in the Bank Area.19 In effect, this means that Wards Cove and other commercial users cannot do anything in the future in the Bank Area other than what they are specifically doing right now, at least not without obtaining a variance. In the Protection Area (which covers the entire 100 year floodplain), the standard is similarly broad: In this area, few activities which could degrade the integrity of the riparian zone, contiguous wetlands or the adjacent water bodies should be allowed.20 Under this language, most of the activities that mi ht result in degradation of the River are to be prohibited. Since essentially Wards Cove's entire plant save for the superintendent's house is located within the 100 year flood plain that is included within this Protection Area, this language tells Wards Cove that it will probably never be able to do anything other than what it is doing now at its plant. By effectively saying that anything that Migh& degrade these area is disfavored, these standards place an almost insurmountable burden on Wards Cove. It is virtually impossible for anyone to prove that a proposed project, particularly one on a commercial scale, would have no possible effect on river habitat. Just by virtue of clearing vegetation for a new building, Wards Cove would run afoul of these standards.21 18Proposed 21.05.040(A). 19Proposed 21.05.040(B). "Proposed 21.05.050. 21Proposed 21.05.050 states as its goal "jm]aintenance of a high percentage of vegetation In this area..." MAR-31-1995 10:54 FROM HICKS,BOYD,CHANDLERBFALCO TO 19072e33014 P.10i12 Mayor Don Gilman Members of the Assembly of the Kenai Peninsula Borough March 31, 1995 Page 9 As if saying anything that "could" cause an adverse impact were not restrictive enough, the proposed ordinance also fails to specify that the "adverse effects" must be "significant" or "substantial" before they will result in an activity being prohibited. The ordinance states that only those commercial, mamifacturing, or industrial uses and structures will be allowed in the flood plain "which will not ... cause adverse alteration of fish and wildlife habitat. ""2 Under this language W degree of adverse effect would be sufficient to justify denying a permit. The specific requirements for issuance of a permit are to a similar effect.' Instead of balancing the interests of environmental conservation and economic development to determine an acceptable level of development, these provisions effectively prohibit any develop- ment. The legal effect of the ordinance as it now stands is that any project which poses any likelihood of any amount of degradation of river habitat will be a prohibited use. Any business would "wither and die" under these constraints. Other areas of the ordinance are ambiguous. For instance, the or- dinance specifies certain types of activities which are prohibited."` The ordinance then specifies the limited activities that will be allowed.' The ordinance fails to take into account, however, that there are activities which fit within neither list and which are in limbo under the current scheme. For instance, groins, jetties and bulkheads are prohibited within the Bank Area, while some floating docks are allowed. Docks constructed on piles, however, are not referenced in either list. Landowners, administrators and the courts are left without any guidance in determining whether this is an allowed use. This issue would likely end up in court. There are certainly other activities which are not included in either list, as well. The variance procedure provided under the existing statute is a veritable Catch-22 that virtually precludes a variance from ever being issued. All seven of the variance standards must exist before a variance can be granted, but two of the variance conditions conflict in a way that no applicant is ever likely to be able to satisfy both. Under the standards, a variance can only be obtained if the applicant Proposed 21.05.050(C)(6). 2321.05.080(B). 24Proposed 21.05.040(B) and 21.05.050(B). 'N. at (C). MAR-31-1995 10:54 FROM HICKS,BOYD,CHANDLERBFALCO TO 19072833014 P.11i12 Mayor Don Gilman Members of the Assembly of the Kenai Peninsula Borough March 31, 1995 Page 10 would otherwise be deprived of rights commonly enjoyed by other properties in the same area.' The variance standards also require, however, that "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 areas. "I The property has to be like the other properties in the area, yet it has to be unlike those properties. From the standpoint of an entity, such as Wards Cove, seeking to build one of the improvements discussed above such as a freezer plant, a dock addition, or virtually any other improvement to its facility, this is a virtually insurmountable burden to meet. As a practical matter, this ordinance tells Wards Cove that it is locked into its existing facility and that it cannot change or expand to take advantage of new technology, the demands of competition or changes in the fisheries themsel- ves. Conclusions As currently proposed, this ordinance would be the death knell of commercial fish processing on the lower Kenai. The death of that industry might be long and drawn out, but it would be no less certain whether it took five years or fifteen. From Wards Cove's standpoint, and presumably that of the other processors on the river, preserving the salmon runs is of only limited benefit if the processing industry is killed or moves offshore as a result. While Wards Cove would like to see a reasonable conservation plan, we cannot support the ordinance as proposed. Sincerely yours, HICKS, BOYD, CHANDLER & FALCTBCa?rtcrBoyd By 26Proposed 21.05.110(C)(1). 271d. at (C)(2). MAR-31-1995 10:55 FROM HICKS,BOYD,CHANDLER&FALCO TO 19072933014 P.12i12 Mayor Don Gilman Members of the Assembly of the Kenai Peninsula Borough March 31, 1995 Page 11 cc: Mr. Alec W. Brindle TAX (206) 323-9165 Mr. Bill Brindle F( A,X) (206) 726-3790 City of Kenai (FAQ 283-3014 Mr. Paul Reusch, ADF&G T 262-4709 Mr. Bob Scott, Salamatof Seafoods ( 283-9499 Mr. Marvin Dragseth, Royal Pacific (FAX) 283-5974 Ms. Gay Muhlberg, ADF&G F( " 349-1723 TOTAL P.12 F-1 s GEORGE C. SILIDES, P.E. Post Office Box 555 Kenai, Alaska 99611-0555 Tel: (907) 283-4690 City of Kenai 27 March 1995 Planning and Zoning Commission 210 Fidalgo Avenue, Suite 200 MAR Kenai, Alaska 99611 - 7794 t RE: PZ 95 - 13 To All Commission Members, Thank you for the opportunity to testify on the above referenced matter on 22 March. I now have a clearer understanding of the issue before the Commission, and of the pertinent and non -pertinent concerns expressed by others testifying. I remain oo nosed to the proposed rezoning; as I continue to believe that any increase in the number of lots being developed, however small the increase, will also increase the noise level from airport operations. In particular, the 12=osed street along the existing boundary of Block G. to serve pronosed Lots lb and l l would he a manor m1prit to this effect - Having acquired the property in question, Mr. Hall is legally entitled to every reasonable expectation of being able to develop his property, in a manner not inimical to adjacent property or, alternatively, to receive fair compensation for not developing the land. Indeed, Mr. Hall indicated his willingness to part with the property for a fair price from the adjacent landowners, though neither he, nor I, will hold our breaths until this happens. Both Mr. Hall and his surveyor listened politely to the testimony, and gave their own in a quiet, reasoned manner. However, one of Mr. Hall's support group was overheard to say, "We don't have to listen to this crap", a comment that lends credence to the fears expressed by those testifying. Citizen concern, while often mis-informed, is never "crap", which is why people give of their valuable time to serve on commissions to defend those concerns. Having practiced as both a Registered Professional Engineer and as a Registered Land Surveyor in Alaska, since 1950, I have been through this P & Z process many times. More often than not, buffer zones for noise and traffic abatement were required to protect existing holdings. None seem to be included on the proposed Plat but, rather, a proposed street in opposition to that concept. I would ask that the Planning and Zoning Commission consider either a less destructive and disruptive means of access to Lots 10 and 11, or disapproval of that portion of the Plat. As a matter of general interest, all those testifying in opposition to both approval of the Plat and to the zoning change had good reason to feel betrayed. They had been given every indication that the parcel in question was zoned as a "greenbelt", not to be sold by the City for development. I can testify that, in my own case, I was told by the Real Estate Agent that sold me Lot 4, Block G, that what added value to my rather small lot was the location, based on his assertion that the area behind me would always be kept by the City as a "greenbelt". He probably believed it. Everybody did, and that is how the property under consideration for rezoning was represented, considered, and used, It is my personal opinion that, while not likely to happen, a reasonable case of adverse possession could be made. Thank you for your attention and consideration. I hope these comments have thrown some light on to all the heat generated. Sincerely yours, 'George C. Silides City Council Clint Hall �w TY0FKI n _ O �r� f a I,1 2 DA �E., UITE 200 KENAI. ALASKA 99611-7794 PHONE 907-283-7535 FA)( 9QT283-3 M8►s�ci�tArrD _ . To: Honorable Mayor Williams & Kenai City Council Y Y From: Thomas J. Manninen, City Manager-{�M/ Date: March 1, 1995 �11 R8: Komi's Proposed Ambulance Fee Schedule: Four Options, memo's dated March 1, 1995 for April 5, 1995 council Meeting Consideration The February 8, 1995 Special City Council meeting on the City's proposed ambulance fee schedule raised several concerns and options. The Council can make the choice of an ambulance fee from Options I, II, III or IV. The City Manager will implement the chosen ambulance fee as soon as feasible after the Council's adoption at the April 5, 1995 Council meeting. The ambulance fee could be implemented on May 1, 1995, if approved at the April 5 meeting. The purpose of this memo is to review four proposed ambulance fee options with gross revenue projections for the City Council's consideration at the April 5, 1995 City Council meeting. All of the four options are based on an average 1989-1993 patient numbers. Option I would raise the highest gross fees at $218,795. Option II would raise the least amount of money, $99,295. Option III raises approximately the same amount as Option I at $213,195. Option IV would raise approximately $141,645. Therefore, the gross ambulance fee revenue range is approximately $100,000 to $219,000 depending on the option selected and uncollectibles. All of these proposed options are based on 100% collections; a 10% or 20% discount for delinquencies and uncollectibles might be considered appropriate. Furthermore, there are no non-resident fees proposed in any of the options and reciprocal agreements will be developed with the outlying areas. All options include the basic $4.50 per patient mile charge. Although there is no proposed percentage of gross revenues set - aside for capital equipment replacement, originally a proposed 20$ was proposed to come out of the gross fee for ambulance replacements. The administration is open to the City Council considering a set -aside of funds in the range of 20-25% of gross revenues for funding the ambulance system's capital equipment replacement. Additionally, consideration should be given to additional training and educational requirements to maintain a fully -staffed and properly trained ambulance system. A new ambulance may cost approximately $125,000 currently. Currently, the ambulance system has been operated out of the City's general fund. In the future, administration anticipates fewer monies coming from federal and state sources into the general fund. Kenai is a last bastion of free ambulance services. It is time to start charging for ambulance services; most auto and/or health insurance policies pay for ambulance services. Currently, approximately 45% of the general fund is supported by sales tax revenues and 14% by property tax revenues. Whatever the estimated gross ambulance fee billings amount to would lessen the ambulance services dependence on a general fund support. Attachments 1. February 9, 1995 Proposed Ambulance Fee, covers Options I, II and III only. 2. February 10, 1995 memo from the Fire Dept. on Estimated Revenues for Billing. 3. February 22, 1995 Fire Department Memo C.\MP90M\TJK%ANSULANC.3 CITY OF KENAI It Ou 4� 41C it 210 FIDALGO AVE.. SUITE 200 KENA1. ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 To: Honorable Mayor Williams & City Council From: Thomas J. Manninen, City Manager Date: February 9, 1995 For: April 5, 1995 Council Meeting RE: Proposed Ambulance Billing Fee The City Administration has prepared, and I am recommending, the attached February 7 billing fee, as discussed at the February 8 ambulance public hearing. Additionally, after the public hearing, two newly proposed optional rate fees are attached for the Council's consideration. Although Options I, II and III are submitted for your review and consideration, the Administration's recommendation is Option I. I intend to authorize Option I unless the Council changes it at the April 5, 1995 meeting. Significant differences between Option I, II and III are summarized as follows: Option II includes billing basic Level I services at $100 fee, billing ALS Level II at a $200 fee, Level III ACLS at a $750 fee, and Level IV technical at a $1,500 fee (see Option I). Option III keeps Level I at $325, the same as Option I; it combines Level II and III as a new Level II (ALS/ACLS) for $550, and revises Level III (which represented the old Level IV on Option I), for $1,00o. In summary, Option I has the same four billing levels as were presented at the February 8 public hearing. Option II changes Level I and II to $100 and $200 respectively and keeps Levels III and IV the same as Option I. Option III has Level I the same as Option I; Option III's Level II (ALS/ACLS) combines Level II and III with the combined rate being $550; Option III's Level IV becomes Level III with the rate at $1,000. The patient miles remain the same in Option II and Option III at $4.50/mile. Attachments (Memo's for Options I, II and III) C:\HPD0CS\TJM\AMBULANC.RSO MEMORANDUM Date: February :3, _995 From: P David C. Burnett, Fire Chief To: Thomas J. 24anninen, �:itv Manager Subject: Estimated Revenues for Billing Estimated gross billings for a 12 month period were made by averaging the total number and types of responses for 1989-1993, then averaging those numbers. OPTION I• PROPOSED PROPOSED POSSIBLE BILLING LEVEL AVG PATIENTS/YR FEE REVENUES I 430 $ 325 $139,750.00 II 65 550 35,750.00 III 8 750 6,000.00 IV 8 1,500 12,000.00 Totals: 511 $193,500.00 Patient Miles: 5,621 X $4.50 per mile $ 25,294.50 Estimated Gross Billings: $218,794.50 OPTION II• PROPOSED PROPOSED POSSIBLE BILLING LEVEL AVG PATIENTS/YR FEE REVENUES I 430 $ 100 $ 43,000.00 II 65 200 13,000.00 III 8 750 6,000.00 IV 8 1,500 12,000.00 Totals: 511 $ 74,000.00 Patient Miles: 5,621 X $4.50 per mile $ 25,294.50 Estimated Gross Billings: $ 99,294.50 Page 2 Estimated Revenues for Billina February 10, 1-995 OPTION III: PROPOSED PROPOSED POSSIBLE BILLING LEVEL AVG PATIENTS/YR FEE - REVENUES-1 430 $ 325 $139,750.00 II & III 73 550 40,150.00 IV 8 750 81000.00 Totals: 511 $193,500.00 Patient Miles: 5,621 X $4.50 per mile $ 25,294.50 Estimated Gross Billings: $213,194.50 Levels of Service LEVEL I: BASIC LIFE SUPPORT. Treatment and/or transport of a stable patient who may have an altered level of consciousness. Two to three personnel are needed, overtime may be necessary for recall, and generally 2 hours are adequate. LEVEL II: ADVANCED LIFE SUPPORT. Treatment and transport of a patient with unstable vital signs and altered level of consciousness. Pre -hospital treatment will not adequately stabilize these patients. Minimum of 3 personnel ar needed, overtime is necessary for recall, and minimum of 2 hours is necessary. LEVEL III: ADVANCED CARDIAC LIFE SUPPORT. Treatment and transport of a patient with deteriorating, life threatening condition. Survival is generally questionable, and pre -hospital care is needed immediately. Minimum of 3 to 4 personnel are needed, overtime is required for recall, and generally more than 2 hours are necessary. LEVEL IV: TECHNICAL RESCUES which tax the resources of the department. Entrapment of a victim requiring extensive extrication and Level II or III treatment would be examples of this level. Minimum of 5-6 personnel are needed, overtime is required for recall, and generally a minimum of 3-4 hours is necessary. MEMORANDUM Date: February -42, 1995 From: David C. 3urnett, Fire Chief To: Thomas J. 21anninen, Citv Manaaer Subject: -Estimated Revenues for 3illina Estimated gross billings for a 12 month period were made by averaging the total number and types of responses for 1989-1993, then averaging those numbers. Following are four (4) options that could be used: OPTION I• PROPOSED PROPOSED POSSIBLE BILLING LEVEL AVG PATIENTS/YR FEE REVENUES I 430 $ 325 $139,750.00 II 65 550 35,750.00 III 8 750 6,000.00 IV 8 1,500 12,000.00 Totals: 511 $193,500.00 Patient Miles: 5,621 X $4.50 per mile $ 25,294.50 Estimated Gross Billings: $218,794.50 OPTION II: PROPOSED PROPOSED POSSIBLE BILLING LEVEL AVG PATIENTS/YR FEE REVENUES I 430 $ 100 $ 43,000.00 II 65 200 13,000.00 III 8 750 6,000.00 IV 8 1,500 12,000.00 Totals: 511 $ 74,000.00 Patient Miles: 5,621 X $4.50 per mile $ 25,294.50 Estimated Gross Billings: $ 99,294.50 Page 2 Estimated Revenues for Billing February 22, 1995 OPTION III• PROPOSED PROPOSED POSSIBLE BILLING LEVEL AVG PATIENTS/YR FEE REVENUES I 430 $ 325 $139,750.00 II & III 73 550 40,150.00 IV 8 4-" 81000.00 Totals: 511 /VPO $193 , 500.00 Patient Miles: 5,621 X $4.50 per mile $ 25,294.50 Estimated Gross Billings: $213,194.50 OPTION IV: PROPOSED PROPOSED POSSIBLE BILLING LEVEL AVG PATIENTS/YR FEE REVENUES- 1 430 $ 200 $ 86,000.00 II & III 73 350 25,550.00 IV 8 600 4,800.00 Totals: 511 $116,350.00 Patient Miles: 5,621 X $4.50 per mile $ 25,294.50 Estimated Gross Billings: $141,644.50 Page Estimated Revenues for Eillina February 22, 1995 Levels of Service LEVEL I: BASIC LIFE SUPPORT. Treatment and/or transport of a stable patient who may have an altered Tavel of consciousness. Two to three personnel are needed, cvert:me may ce necessary for recall, and generally 2 hours are adecuate. LEVEL II: ADVANCED LIFE SUPPORT. 'Treatment and transport of a patient with unstable vital signs and altered level of consciousness. Pre -hospital treatment :gill not adequately stabilize these patients. Minimum of 3 personnel ar needed, overtime is necessary for recall, and :^inimum of 2 hours is necessary. LEVEL III: ADVANCED CARDIAC LIFE SUPPORT. Treatment and transport of a patient with deteriorating, life threatening condition. Survival is generally questionable, and pre -hospital care is needed immediately. Minimum of 3 to 4 personnel are needed, overtime is required for recall, and generally more than 2 hours are necessary. LEVEL IV: TECHNICAL RESCUES which tax the resources of the department. Entrapment of a victim reauirina extensive extrication and Level II or III treatment could be examules of this level. Minimum of 5-6 personnel are needed, overtime is required for recall, and generally a minimum of-4 hours is necessary. SPECIAL KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 8, 1995 PAGE 28 General Fund. Wee have controlled the budget of this city and we have controlled the mil rate of this city, and, and, I really have to say to the Administration and the rest of the Council, I personally think we've done a darn good job. Cause it's remained flat and it's remained stable. Even in the face of catastrophic failure of the economic system and growth on the other hand. So, we are concerned. We are the elected officials of this city and you folks elected us and that's one of the jobs we're here to do, to watch that General Fund. Further comments from Council? community? Councilwoman Monfor. B-1(c). Council Discussion Further comments from the MONFOR: Mr. Mayor, I, I appreciate the people who came forward and spoke tonight, whether they were pro or con because I came to this meeting with a fairly open mind about the new fee system, how it would be approached by not only the Finance Department, but by the Chief and his staff and I think that everybody that spoke, either for or against, brought very valid points that make you stop and think. This is an issue that, I'm sure all of you are aware, has been before us for a, actually a number of years, and I find that it doesn't come easy to, to institute fees like this. But reality, like Mrs. Waters said, is, you don't get a free ride anymore. The time is coming where we'll be paying for many things. I certainly hope it won't be to call the Fire Department to put our fires out or the police to come, if somebody's breaking into our house. We are the city now, between two entities, Nikiski, which charges a flat fee, and CES which has a rate and I had two calls from CES members that thought that this was an excellent idea. That we would all be, at least somewhat, equal and I didn't have any calls against this and I had a total of five calls and everybody was in some support. But everybody that I talked to, except the two CES people, actually did have concerns and comments about either the fee schedule or how were going to do the billing. I think that it's going to be something, whenever you go into anything new it will be your mistakes and by doing it. But, I'll tell you what, if anything ever happens to me, I sure hope it happens in the City of Kenai where these guys can save my life. WILLIAMS: Thank you. Further comments? Councilman Bannock. SPECIAL KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 8, 1995 PAGE 29 BANNOCK: I too would like to thank the people who came out tonight and those that spoke. I would like to re -visit something that we touched on briefly though in regards to the memo from tonight versus the original one where we struck the Level One fee of $100. Looking at the one from tonight, the entry level fee, I'll call it, is $325 for a Level One of basic life support. What did we do with the old Level One of transport? Did it, is it now $325 or did it go away? Um, because I'm from the concern on the abuse side of the ambulance where we were talking about the stubbed incident. Ah, did that, does that mean that one's still going to be a freebie or that one went to $325? MANNINEN: It went to $325. BANNOCK: Okay. So, regardless of anything less than basic life support still is basic life support. Thank you. WILLIAMS: Yes. Councilman Smalley? SMALLEY: Again, I appreciate the folks too that spoke this evening. Ah, I, I have to say right now to this body, I, I'm along with Mr. Doyle. Ah, I have insurance coverage. I've had it forever. Ah, I can afford it as probably, probably 60 to 70% of the users that would use the service have. Ah, but on the other hand, times are changing and this body, this community has to look and see what's happening. Ah, if a fee is established. and, and I'll come straight forward, I particularly like the Mat -Su Borough's fee rate. To me, that seems to be, that we have on our schedule here. To me, it seems more realistic. I would go on and make sure that we would add a standby fee if that's something that we want to consider, and under the special rescue section, ah, that would be our technical rescue. And I'd put that at 350. Ah, I, I think the fees are, the suggested ones, are a tad bit high. I know when my, son was picked up over on K-Beach it cost right around three hundred dollars. It was all paid by the insurance and, and I was very thankful that they were there. And, I agree with Councilwoman Monfor. If anything that happens to me or anybody that I know, or anybody else out there, if they ever have problems, I hope it's in this town because they are going to get the services and the treatment ah, that's second to none. Ah, it's number one and that's kind of where I am. WILLIAMS: Thank you. Any further comment? Councilman Bookey. SPECIAL KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 8, 1995 PAGE 30 BOOKEY: Thank you. I came in here this evening feeling not knowing which way to go. I, I was very strongly opposed to this when we talked about this in a work session several months ago. I insisted that the least that we do is have this public hearing tonight. I, under certain circumstances, I have to go along with Mr. Doyle. And on the other hand, I have to go along with Mr. Meeks. We have declining revenues. We have the situations out there where, sooner or later, the City of Kenai's going to have to take the responsibilities upon themselves and do things for themselves because we're not going to be able to get them from the State and we're not going to be able to get them from the federal government. So, on one hand I'm saying to myself tonight, yes we need a fee. On the other hand, I agree with Mr. Doyle that this city has grown. I've been here 33 years. I've seen the town come from no ambulance to the fire department we have today. Ah, and I believe that it's a service that is viable and needed by everybody and it should be entitled to everybody. I would never want to see anybody ever have to make that decision on the phone to themselves that was a responsible citizen, that says, "I don't want to call that service because I can't afford it.,, Ah, so I would, if, if we do institute a fee, I want to be sure that everybody in this city understands that, that if they need it, they can call and they can go. Ah, I like Mr. Smalley's ah, proposal. I don't agree with our rates here tonight at all. Ah, I'm glad that this does not include the double standard of the citizens living in or out of the city because we have developed a, a core area in Kenai for retail that the City of Kenai has tried, tried and tried for years to build. I think it would be detrimental to that. Ah, so, in support of this tonight, I would support Mr. Smalley and that's as far as I would go. Thank you. WILLIAMS: Further comments from Council? Councilman Smalley. SMALLEY: I have a question. Working at the high school and taking football season, there's a standard rule that the football will not be kicked off unless there's an ambulance there. When we've postponed the start-up of games and there's been no fee, obviously, ah, how is this going to change? I know once an ambulance can be called and, and sent out on a call and returned when there's generally a medical technician of some type of training, a doctor, SPECIAL KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 8, 1995 PAGE 31 nurse, etc., paramedic, or whatever, generally on the field. But what's going to happen with schools that would be in Kenai required to have an ambulance there? BURNETT: Well, I think that's where the standby fee comes into play. I know that Emergency Services does charge a standby fee. I don't know that they've been standby at the This also can be set, I believe, by the Council too. SMALLEY: That would probably have to be, probably in the district budget too as well because I would imagine they have those budget items already proposed for Skyview, So -Hi or Nikiski. I, I don't know. We have a School Board member here, but, ah, it would probably have to be something to be established. WILLIAMS: My personal opinion about this. It's an area I haven't conferred with the Administration about, but I, I think that we could probably continue our present practice of supporting the Kenai Central High School on the same level we have been without a fee ah for now. I notice ah, here the other day, our manpower situation is stretched, this winter, to a point where when our guys are out uncovering fire plugs, they take the ambulance with them so they can respond immediately to a medical situation. So, I think that ah, when you have the guys on board the ambulance and it's right there and we, if necessary, could respond from the field to an immediate need for the ambulance and get back is a part of the overall community policy. We probably shouldn't involve ourselves worrying about a standby fee at the high school. Is that a consensus of council? Okay. I see Mr. Bannock thinking deeply. BANNOCK: Well, I, I, just don't know. I don't, I certainly don't have a problem with not charging a standby fee at a high school football game, but I don't know that if that, in what other circumstance... could you give me another example of a circumstance where a standby fee would come into play? MANNINEN: I think that's why they could be standing at the station and, and not charging ah, ah, unless they rolled and unless they, they carry somebody to the hospital. SMALLEY: Air, airport transportation probably would be standby hospital to the airport. Standby. BOOKEY:-- What, are we going to charge then if we don't dispatch? On a standby? SPECIAL KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 8, 1995 PAGE 32 MANNINEN: I don't understand. BOOKEY: If, if somebody puts the system on a standby because of an aircraft coming in, ah, and then they don't respond, are we going to charge standby then, fee? BURNETT: The way the schedule's set up, it's strictly a charge only if we transport, see. And that's where standby at the high school or standby at the airport really is not addressed at this point. MEASLES: Right now there's no proposal for a standby fee in the proposal that's before us. SMALLEY: No. MANNINEN: Correct. It's only if we transport. MEASLES: And this is only for transport so unless you crawl in or get carried into that ambulance and moved from that location, you don't pay. BANNOCK: I don't have a problem with that idea at all. But, if we were talking about that, I just didn't understand, in what scenario, who would be charged for a standby fee that the high school wouldn't be charged for a standby fee. Again, as Mr. Measles pointed out, we're not discussing standby fees tonight. MEASLES: If we did have a standby fee, it maybe applicable in the case that was mentioned earlier about if one of our people was required to accompany a patient on an air-evac to Anchorage where he's not in the ambulance. He's in an airplane with a patient. That.... BANNOCK: So, that would be the technician, not, not the ambulance itself . MEASLES: Right. BANNOCK: Got it. Okay. Thank you. MANNINEN: Some, some of the staff's discussion on this ah, with the Mayor and others as we were developing these rates, ah, revolved -around what is a third party called. And there was SPECIAL KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 8, 1995 PAGE 33 response, but there was no transport. The bottom line is if there is no transport, there is no bill. That would also apply for a standby fee. WILLIAMS: And in the early days of this, we may wind up finding ourselves responding to and reminding them that there's a fee and they might say, "Oh, well, if that's the case, I'll take myself." BANNOCK: Call a cab. WILLIAMS: All right. Council, you have before you a proposed change in our thinking in the form of a memorandum from the Chief to the City Manager with today's date. Therein is laid out the proposed fee schedule, proposed revenues. Keep in mind that ah, there is a proposed 20% loss factored here. Review it. Open it up for discussion. The Chair will ah, at any time, entertain a motion. All right. In conferring with the City Manager and the ah, City Attorney, then, a motion at this time is not needed. You may merely direct the Administration, who has the authority to set the fee, bring us a fee schedule at the next meeting, ah, and, or at whatever meeting you so choose. And then, if you have no concerns with the fee, no action is required. If you have concerns with the fee, you will direct those concerns to the Administration. Councilman Smalley. SMALLEY: Then a motion is not needed, but... WILLIAMS: No. SMALLEY: ...I guess one of my suggestions, my concern was I would like to see us potentially look at Level One at $100, Two and Three at $200, and Level Four at $350. BOOKEY: And I would concur with that wholeheartedly. WILLIAMS: Okay. We have two councilpeople that would like to see the fee structure change to, opinion of the other Council? Councilman Measles. MEASLES: I disagree with that, that change. They may need to make some adjustment to it, but we certainly don't need to go that far with it if we do. SPECIAL KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 8, 1995 PAGE 34 WILLIAMS: I agree that ah, I don't believe that we should cut back on the fee as proposed. I, I'm comfortable with the fee as proposed here tonight. Any other comments of the Council? Councilman Bannock. BANNOCK: My only comment would be, if, if there's some cutbacks that need to be made, I'd like to them apply only to Three and Four cause I'm real good with One and Two. WILLIAMS: okay. What we might ask the Administration to do is bring back some fee schedules based on the conversation proposed this evening and the Council will act on it or will not act, whatever they choose to do at the next meeting. Ah, with regard to the next meeting, I'm going to ask that Vice Mayor Measles to chair that meeting, since I will be out of state. So you'll have six members of the council. Yes, Councilwoman Monfor... MONFOR: Mayor, let's wait until that first meeting in March when You're back. WILLIAMS: All right. BOOKEY: I would, I would like to see if we're going to do that, wait until the first meeting in April. MONFOR: Oh, that's right, you're going to be gone. SMALLEY: Cause he's gone. WILLIAMS: Okay. All right. MONFOR: And I would concur with um, I think it was Councilman Bannock, to look at Level Three and Level Four. WILLIAMS: Okay. All right, it's the desire of the Council then to have the Administration bring back three separate fee schedules. One that includes a fee based on the figures that ah, Councilman Smalley proposed. One based on the fee schedule that Councilman ah Bannock has proposed. And one based on the present fee schedule. MONFOR: And one other question. I haven't seen it in here, so I want to make sure that I'm clear on this. Residents and non- residents are all treated equally. Right? SMALLEY: Correct. SPECIAL KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 3, 1995 PAGE 35 WILLIAMS: Yes. All right. And it's also the desire of the Council to have this come before Council the first meeting in April which will be April the fifth. April the fifth. By that, to ah the Finance Director will that schedule for the budget work sessions. BROWN: Ohhhh, I don't think we bring it to Council quite by April fifth. WILLIAMS: We'll have a schedule. We should have a schedule... BROWN: Oh, that's done. I just, I just haven't given it to you. Yeah. WILLIAMS: Okay. Good. MONFOR: Mr. Mayor? WILLIAMS: Yes. MONFOR: If, on April fifth, if we come to consensus, does this have to wait thirty days or can it be, is this something that can be instituted immediately? I think my concern is, I don't want it instituted like June first, or May first, or sometime when all of a sudden tourists start coming in and it looks like, Aha! We have a captured audience! That... BANNOCK: And it probably wouldn't be a bad idea anyway... WILLIAMS: When the city manager sets the fee, he can also set the date subject to revocation of Council. That's not subject to approval, but subject to revocation of Council. MANNINEN: The January 18th memo scheduled the fee starting on April Fool's Day... ITEM C: WILLIAMS: All right. It appears as though we've covered our business then for this evening. Do I see any further business to come before the Council? PAYMENTS OVER 12.500.00 WHICH NEED COUNCIL APPROVAL COUNCIL MEETING OF: APRIL 5. 1995 kttlt#t#i}!!tY*tXtYtRRY}tlYtitttRYtYttXtftttYtttfYttYitYYtfttflYftttYYttttt!!!Ytlt}tt#if}}tttttYttYYttXYttXtktitYiilt!lkYtYYliiYfkYtttYtYYYYtttYtYYYttftYYYYtlttYYt VENDOR DESCRIPTION DEPARTMENT ACCOUNT AMOUNT MISC. t!#t!lttt!ltfY%}#ittttttttYYtYtYf tttYttlYYtiYYttttYYYtttYttYYtYYYYtYtttltXttitttttttttttttitkikttttk%ttYtttY#ktYtY#ttYYttYtttttYttttYtttYk!#Y CYYtYYXYYtYRYYYtikttYY FOR RATIFICATION: HOMER ELEC. ASSN. INC. ELECTRICAL USAGE VARIOUS UTILITIES 45,037.91 BANKAMERICA STATE TRUST 1993 SERIES A 1984/86 DEBT SERVICE PRINCIPAL 0.00 INTEREST 34,028.75 1986 SERIES A PRINCIPAL 0.00 INTEREST 13,037.75 AK FEDERAL CREDIT UNION VOLUNTARY DEDUCTIONS VARIOUS LIABILITY 12.942.00 NATIONAL BANK OF ALASKA MARCH FEDERAL W/H VARIOUS LIABILITY 41,869.65 MARCH MEDICARE VARIOUS LIABILITY 5.136.6B MARCH FICA VARIOUS LIABILITY 1.113.10 BLUE CROSS OF ALASKA APRIL MEDICAL INS. VARIOUS HEALTH 29,292.66 ENSTAR GAS USAGE VARIOUS UTILITIES 8,964.37 PTI PHONE USAGE VARIOUS COMMUNICATIONS 3,231.82 NBA FHLNC NOTE CENTRAL TREASURY CENTRAL TREASURY 2,845,600,00 6.8% FOR APPROVAL: I PURCHASE ORDERS OVER S2,500.00 WHICH NEED COUNCIL APPROVAL COUNCIL MEETING OF: APRIL 5, 1995 t xtf!!#YtYtttt##t!tltkXxYfttttlYtYltttttttYYttttYtktttttY#t#tlYt#ltttttlYttttttfttYftltttYttklttttYYYtY#t!ltYtlfttttttttYttYtYYlY##tkYk VENDOR DESCRIPTION DEPARTMENT ACCOUNT AMOUNT ttfltlfYYtYrittit3titttYtktlttrtYttkttrX#YktkYtYYYtYYYlXtt3rttttttYttttttYttttYktff#!!#tYtttYtYktttkYYYktYtYtkttttttikkkYtfttttkfkttttt GALLERY 25 ANCHORAGE CGLD STORAGE MALONEY AND HAGGART VARIOUS PAINTINGS APRIL GROCERIES LEGAL SERIICES/INLET WOODS SENIOR HOUSING CONSTRUCTION 6.238.00 CONG./HONE DEL. HEALS OPERATING SUPPLIES 5.000.00 LEGAL PROFESSIONAL SERVICES 40,000.0D Suggested by: City of Kenai ORDINANCE NO. 1640-95 N-3 Filicuiuc 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 Proiect 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: Adopted: Effective: Approved by Finance: (fqa (3/21/95) kl April 5, 1995 April 19, 1995 April 19, 1995 Suggested by: City of Kenai ORDINANCE NO. 1641-95 Parks & Recreation 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 100 000 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: e g1�1 (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: c'4a (3/31/95) kl Suggested by: Librarian 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: Adopted: Effective: Approved by Finance: (3/31/95) kl April 5, 1995 April 19, 1995 April 19, 1995 -WEnai ifommundy-fdta.t A PUBLIC LIBRARY IN SERVICE SINCE 1949 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. 125 N. Willow Street, Suite 100 Kenai, Alaska 99611 Phone (907)283-7167 Fax (907)283-8435 City of Kenai 215 Fidalgo Ave., Suite 200 Kenai, AK 99611 Re: Assignment of Lease Dear Clerk: C. R. Baldwin Lawyer March 21, 1995 4-1 RECEIVED CITY ADMIN. OF KENAI Enclosed is a copy of an Assignment of Lease For Security Purposes and a Consent form for execution by the City Manager. Please return a copy to this office when the Consent has been executed. Thank you for your assistance. Enc. Very truly yours, HILDA L. SPIRES Legal Assistant ASSIGNMENT OF LEASE FOR SECURITY PURPOSES SOUTHCENTRAL AIR, INC., of 135 Granite Point Court, Kenai, AK 99611, hereinafter referred to as the Assignor, for Ten Dollars and other valuable considerations, does 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 its interest in the following -described lease, with the CITY OF KENAI as Lessor: Lease recorded in Book 113 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 during 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 assignment 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 assignment shall be void so long as the said Assignor shall perform all of the covenants, including any for the payment of money, contained in the promissory notes set forth in the attached Schedule of Indebtedness and interest which this date it made and delivered to said Assignees, 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 Assignor 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 Assignor in favor of Assignees of even date herewith, this Assignment shall ASSIGNMENT OF LEASE FOR SECURITY PURPOSES Page 1 terminate as to such parcel. IN WITNESS WHEREOF, the said Assignor has hereunto set its hand and seal this 77 day of 'r-.6l , 1995. SOUTHCENTRAL AIR, INC. Assignor By: O MES A. MUNSON, President STATE OF ALASKA } )ss. THIRD JUDICIAL DISTRICT ) The foregoing instrument was acknowledged before me this day of 1995, by JAMES A. MUNSON, President of SouthCentral Air, Inc., on behalf of the corporation. NOTARY PUBLIC FOR ALASKA My Commission Expires: /// A� ASSIGNMENT OF LEASE FOR SECURITY PURPOSES Page 2 HEDULE OF INDI?BTEDNIiSS DATE PRINCIPAL AMOUNT MONTHLY PAYER PAY1;li PAYMENT 3/ /95 $ 75,000 $ 805.95 SouthCentral Air, Vernon L. Lofstedt, Sr. and Inc. Muriel Ruth t.ofstcdr 3/ /95 $ 75,000 $ 805.95 SouthCentral Air, Muriel Ruth Lofstedt and Inc. Vernon L. Lofstedt, Sr. 3/ /95 $ 112,500 $ 1208.94 SouthCentral Air, Vernon L. Lofstedt, Jr. and Inc. Diana K. Lofstedt 3/ /95 $ 112,500 $ 1208.94 SouthCentral Air, Diana K. Lofstedt and Inc. Vernon L. Lofstedt, Jr. 3/ /95 $ 78,000 $ 838.20 James A. Munson Vernon L. Lofstedt, Jr. and Diana K. Lofstedt 3/ /95 $ 50,000 $ 536.08 SouthCentral Air, Vernon L. Lofstedt, Sr. and Inc. Vernon L. Lofstedt, Jr. 3/ /95 $ 120,000 $ 1286.59 SouthCentral Air, Vernon L. Lofstedt, Jr. and Inc. Diana K. Lofstedt 3/ /95 $ 50,000 $ 536.08 SouthCentral Air, Vernon L. Lofstedt, Jr. Inc. 3/ /95 $ 25,000 $ 268.65 SouthCentral Air, Vernon L. Lofstedt, Sr. and Inc. Muriel Ruth Lofstedt 3/ /95 $ 752,000 $ 8062.64 SouthCentral Air, Vernon L. Lofstedt, Jr. and Inc. Diana K. Lofstedt 3/ /95, $ 100,000 $ 1072.16 SouthCentral Air, Vernon L. Lofstedt, Jr. and ' Inc. Diana K. Lofstedt TOTALS $1,550,000 $ 16,630.18 CITY OF KENAI CONSENT TO ASSIGNMENI' FOR SECURITY PURPOSES The Assignment For Security Purposes from SouthCentral Air, Inc. to Vernon L. Lofstedt, Sr., Muriel Ruth Lofstedt, Vernon L. Lofstedt, Jr. and Diana K. Lofstedt, dated the P� _ day of i 4­1 , 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 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: 2 f�v�oseG� SECURITY ASSIGNMENT OF LEASE KNOW ALL MEN BY THESE PRESENTS that JAMES F. ADOLF of Alaska, assignee unda that certain assignment of Faso recorded in Book , at Page and hereafter referred to as Assignor, covering the following described property: Lot 3, Block 4, according to the Plat of General Aviation Apron No.1, filed under Plat No. 73-68, located in the Kenai Recording District, Third Judicial District, State of Alaska does hereby assign, for good and valuable consideration, a wctviry interest, in said lease to Kerry Wright and Both Wright, husband and wife, Scott Piggott and Royce Piggott, husband and wife, and Alvin K Wright, Raymond K Wright, and Madge E Wright of PO Box 974013, Wasiila, AK 99697, hereafter refernal to as Assignees, and assigns, for the term, commencing on the day of 1995 until Deed of Trust is paid in cull. Said Deal of Trust being recorded in Book . at Page The Assignees herein agrees to comply fully with all the terms and provisions of the Lae, and to hold the Assignor harmless from any liability arming theraanWer. Jim Witness Whereof, the Assigrwr and Aswgwm has harsunto set their hands and seal this day of .1995. Assignoo: Janus F Adolf Assignors: Kerry Wright Beth Wright Scott Piggott Royce Piggott Alvin K Wright Raymond K Wright Madge E Wright H&R BLOCK TEL No.376-1196 Mar 31,95 10:54 No.001 P.03 SECURITY ASSIGNMENT ADOLF TO WRIGHT/WRIG14T/P1GGOTr/PIGGOTf/WR1GH1%WRIGHT/WRIGHT PAGE TWO STATE OF ALASKA ss. THIRD JUDICIAL DISTRICT THIS 1S TO CERTIFY that on this day of , 1995, before me appeared James F. Adolf individually to me known and (mown to me to be the person named in and who executed the above document and acknowledged to me tbat he did sign the same volmumly and of his own fire will for the purposes stated herein. IN VMWESS WHEREOF, I have hereunto net my hand and affixed by official seal. the date and year first written above. Notary Public in and for Alaska My Commission expires: THIS IS TO CERTIFY that an this day of , 1995, before me appeared Kerry Wright individually to me known and known to no to be the person named in and who executed the above document and acknowledged w ate that he did sign the am* voluntarily and of his own free will for the purposes stated honks. IN WITNESS WHEREOF, I have hereunto set my band and affixed by official real. the date and year first written above. Notary Public in and &x Alaska My Commission expires: THIS 1S TO CERTIFY that on this day of . 1995. before me appeared Betb Wright individually to an known and known to no to be the person named in and who exwAW the above document and acknowledged to me that be did sign the same voluntarily and of his own free will for the purposes stated herds. IN WTINESS WHEREOF, I bave bcfmmto set my had and affxW by official seal. the date and year first written above. Notary Public in and for Alsalm _ My Cormnisem expires: THIS IS TO CERTIFY that on this day of , 1995, before me appeared Scott Piggott individually to me known and known to tyre to he the person named in and who executed the above doeummt and acknowledged to we hurt he did sign the same voluntarily and of his own free will for tho purposes stated herein. IN WITNESS WHBRBOF, I have heteanto Bet my hand and affixed by official seal, the date and year first written above. Notary Public in end for Alaska My Commission expires: THIS IS TO CERTWY that on this day of , 1995, before me appeared Royce Piggott individually to no known and known to ate to be the person named in and who executed the above document and acknaw to the that he did si I the same voltmaril and of his own fine will for the proposes stated hernia. IN WITNESS WHEREOF. I have ha mto set my hand and affixed by official seal. the date and year first written above. Notary Public in and for Alaska My Commission expires: THIS IS TO CBRTIFY that on this day of . I"S, before are appeared Alvin K. Wright individually to me known and known to me to be the person named in and who executed the above document and acknowledged to me that he did sign the tame voluntarily and of his own free will for the purposes stated herein. IN WITNESS WHEREOF, I have herermto met my hand and affixed by official seal. the date and year first written above. Notary Public in and far Alaska My Commission expires: THIS IS TO CERTIFY that on this day of 1995. before me appeared Raymond K. Wright individually to me known and known to me to be the person named in and who executed the above document and acknowledged to me that he did sign the same voluntarily and of his own free will for the purposes awed herein. 1N WITNESS WHEREOF, I have hereunto set my hand and affixed by official seal, the date and year first written above. Notary Public in and for Alaska My Commission expires: H&R FLOCK TEL No.376-1196 Mar 31,95 11:12 No.003 P.02 THIS IS TO CERTIFY that on this day of . 1995, beh no appeared Madge E. Wright individually to an known and known to true to be the person named in and who executed the above document and acknowledged to the that he did sign the same voluntarily and of his own free will for the proposes stated herein. IN WITNESS WHEREOF, I have haramto sot my hand and affixed by officisi seal, the date and yew first written abova Notary Public: in and for Al"ka My commission expires: f RECEIVED CITY A[)M. IN. OF KENAI March 13. 1995 To Whom It May Concern: I agree to allow Kerry Wright and Beth Wright, husband and wife, Alvin K Wright, Raymond K Wright. Madge E Wright, and Scott Piggott and Royce Piggott, husband and wife, to file a lien on my airplane hanger more particularly described as: Lot 3, Block 4, according to the Plat of GENERAL AVIATION APRON NO. 1, filed under Plat No. 7 3-68. located in the Kenai Recording District, Third Judicial District, State of Alaska. This is to be done o -ollateralize a loan *:.at the above referenced people have prcvided Kee. Respectfully, James F. Adolf H&R BLOCK TEL No.376-1196 Mar 28.95 18:06 No.003 P.02 DEED OF TRUST THIS DEED OF TRUST, made and entered into, nunc pro tune, this loth day of February, 1995. by and between JAMES F. ADOLPH, of P.O. Box 775, Kenai, Alaska 99611, hereinafter called "Trustor", TRANSALASKA TITLE INSURANCE AGENCY, INC., hereinafter called "trustee", and KERRY WRIGHT and BETH WRIGHT, husband and wife, ALVIN K. WRIGHT, RAYMOND K. WRIGHT, MADGE E. WRIGHT, and SCOTZ' PIGGOTT and ROYCE PIGGO17, husband and wife, of 1451 Parks Highway, Suite "A", Wasilla, Alaska 99654, hereinafter called the Beneficiaries, WITNESSETH That the Trustor grants, bargains, sells, and conveys to the Trustee, with power of sale, that certain leasehold interest in real property situate in the Kenai Recording District, Third Judicial District, State of Alaska, more particularly described as. Lot 3, Block 4, according to the Plat of GENERAL AVIATION APRON NO. 1, filed under PIat No. 73-68, located in the Kenai Recording District, Third Judicial District, State of Alaska. Subject to the reservations, restrictions and easements now of record. TOGETHER with the tenements, hereditaments and appurtenances thereunto belonging, or in any wise appertaining, the rents, issues and profits thereof, SUBJECT, HOWEVER, to the right, power, and authority hereinafter given to and conferred upon the Beneficiaries to collect and apply such rents, issues, and profits. To have and to hold the same, with the appurtenances, unto Trustee. Trustor shall be entitled to possession of the above described premises from and after the date of execution of this Trust Deed, and for so long as all payments of the Deed of Trust Note herein referred to are currently paid and all promises, conditions and covenants of the Trustor herein are faithfully kept and performed. FOR THE PURPOSE OF SECURING: (1) Performance of each agreement of Trustor herein contained, (2) Payment of the indebtedness evidenced by the Deed of Trust Note of even date herewith, in the principal sum of SEVENTY-TWO THOUSAND and No/ 100 ($72,000.00) DOLLARS, plus interest thereon at the rate of 10.0% per annum, payable to the Beneficiaries or their order, (3) Payment of the Deed of Trust hercinabove described. 1. Care and Maintenance. To keep said property in good condition and repair, and environmentally safe condition; to comply with all laws affecting said property or requiring any alterations or improvements to be made thereon: not to remtove or demolish any building thereon without written permission of the Beneficiaries;; to complete or restore promptly and in a good wvritmanlike manner, any building which may be constructed, damaged. or destroyed thereon. and to pay when due. all claims for labor perforated and materials furnished thereforet not to commit. suffer or permit any act upon said property in violation of law•, to maintain in an orderly manner. paint, repair, keep free from freezing. and to do all other sets which from the character or was of aid property may be reasonably necessary, the specific enumerations not excluding the general. 2. Insurance. To provide, maintain, and deliver to Beneficiaries fire and other hazard insurance satisfactory to and with Ion payable to Beneficiaries in an smount at leant equal to the replacement value of the improvements on the property or the balance owing at ail times under this Deed of Trust. whichever is greater. Unless Beneficiaries and Trustor otherwise agree in writing. insurance proceeds shall be applied to restoration or repair of the property damaged, provided such restoration or repair is economically feasible or, if the security of this dead of trust would be impaired, the insurance proceeds shall be applied to the sums secured by this deed of crux%, , with the excess, if any, paid to Trustor. Such application or release shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. Such application by Beneficiaries shall not cause discontinuation of any proceedings to foreclose this Deed of Trust. In the event of foreclosure, all rights of Trustor in insurance policies then in force, shall pass to the purchaser at the foreclosure sale. Insurance proceeds applied to the loan shall reduce the loan debt by that amount, but shall not relieve Truster of the requirement to make any payment or fulfill any other obligation required by the Deed of Trust Note or this Dead of Trust. 3. Appear in and Defend. To appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers or Beneficiaries or Trustee. and to pay all costs and expenses. including cost of evidence of title and suorney's fees in a reasonable sutra. in such action or proceeding in which Beneficiaries or Trustee may appear, and In any suit brought by Beneficiaries to foreclose this Trust Deed. 4. Taxes. Assessments and Liens. To pay. at least ten (10) days before delinquency, all taxes and assamments affecting the property, and to pay when .O,/rw„MOb.4.Y.M cote•.J Mam is A—. ads " "ice e eM1)JIiaM due all encumbrances, charges, and liens, with interest. on the property or any part thereof that appear to be prior or superior hereto. and to pay all costs. fees, and expenses of this trust. Failure to pay such taxes. assessments, encumbrances, and liens shall constitute a default under this Deed of Trust S. Costs- Fees and Lloenses. To pay immediately and without demand, all sums expanded by Beneficiaries or Trustee, whether toss. fees and/or expenses in connection with this Deed of Trust. including expenses of Trustee incurred enforcing the obligations seared hereby and Trustee's and attorney's fees actually incurred, as provided by statute, with interest thereon, if allowable, form the date of expenditure at the rats provided for in the Deed of Trust Note. 6. Beneficlogics' or Trustee's Protection of Should Truster fail to make any payment or to do any act as herein provided. the Beneficiaries or Trustee, but without obligation to do so and without notice to and demand on Truster, and without releasing Truster from any obligation hereof, may make or do the same in such manner and to such extent as either may deem necessary to protect the security hereof. Beneficiaries or Trustee being authorized to enter on such property for such purposes; appear in and defend any action or proceeding purporting to affect the security hereof of the rights or powers of Beneficiaries or Trustee; pay purchase, contest or compromise any encumbrance, charge or lien that in the judgment of either appears to be prior or superior hereto, and, in exercising any such powers, pay necessary expenses and employ counsel and pay his reasonable fees Any amounts disbursed by Beneficiaries or Trust" under this section shall become additional debt of the Truster secured by this Deed of Trust Unless Trustor and Beneficiary agree to other terms of payment, these amounts .hall bear interest from the date of disbursement at the Note rate and shall be payable. with interest, upon notice from Beneficiaries to Trustor requesting payment. s vtop W. ei; UJ• 1. �,ppd�psi�p� Any award or damages in connection with any condemnation for public use of or injury to such property or any part thereof is hereby assigned and shall be paid to Beneficiaries, who may apply such sum upon any indebtedness secured hereby and in such order as Beneficiaries may determine. or at the option of Beneficiaries the entire amount so collected or any part thereof may be released to Truster. 2. Laments - No Waiver. By accepting payment of any suns secured hereby after its due date, Beneficiaries do not waive their right either to require prompt payment when due of all other suns so sec+srod or to declare default for failure to so pay- 3. ;jpedal Powers of Trustee. That at any time or from time to time. without liability therefore and without notice, on written request of Beneficiaries and presentation of this Deed of Trust and acid note for endorsement, and without affecting the personal liability of any person for payment of the indebtedness seared hereby. Trustee may r+econvey all or any part of such property, consent to the making of any asap or plat thereof, join in granting any easement thereon, or join in any eeten-ion agreement or any agreement subordinating the lien or charge hereof. 4. ReconIM3U oe. Upon written request of Beneficiaries stating that all sums or obligations uawrserwnar A.IM..p YI 1p./ secured hereby have been paid or satisfied, and upon surrender of this Deed of Trust and said Deed of Trust Note to Trustee for cancellation and retention and upon payment of its fees, Trustee shall reconvey, without warranty. the property then held hereunder. The recitals of reconveyanee executed under this Deed of Trust of any matters or facts shall be conclusive proof of the truthfulness thereof. The Grantees of such reconveyance may he described as -the person or persons legally entitled hereto." S. Additional Security. As additional security, Trustor hereby give and confer upon Beneficiaries, the right. power and authority, during the continuance of these trusts, to collect the rents. issues and profits of said property, reserving unto the Trustor the right. prior to any default by Truster in payment of any indebtedness secured hereby or in performance of any agreement hereunder, to collect and resin such rents, issues and profits as they become due and payable. Upon any such default. Beneficiaries may st any time, without notice, either in person, by agent, or by receiver to be appointed by the Court, and without regard to the adequacy of any security for the indebtedness hereby secured, enter upon and take possession of said property or any part thereof, in his own name sue for or otherwise collect such rents. issues, and profits, including those past due and unpaid, and apply the same, less costs and czpenws of operation, including reasonable attorneys fees, upon any indebtedness secured hereby, and in such order as Beneficiaries may determine. The entering upon and taking possession of said property, the collection of such rents, issues and profits and the application thereof as aforesaid, shall not care or waive any default or notice hereunder or invalidate any act done pursuant to such notice. 6. Default By Truster. a. Upon default by Trustor in payment of any indebtedness secured hereby or in performance of any agreement hereunder, all sums secured hereby shall Immediately become due and payable at the option of the !Beneficiaries. In the event of default, Beneficiaries shall execute or cause the Trustee to execute a written notice of such default and of its election to cause to be sold the herein described property to satisfy the obligation hereof, and shall cause such notice to be recorded in the office of the recorder of each recording district wherein said real property or some part of it is located. b. Notice of sale having been given as than required by law and not less than the time when required by law having elapsed after recordation of such notice of default Trustee, without demand on Truster, may sell said property, at the time and place of sale fixed by it in such order as it may determine at public auction to the highest and beat bidder for cash in lawful money of the United States of America. Post Office money orders, or cashier's or certified -heels from a bank having a branch in the Palmer Recording District, Third Judicial District, State of Alaska. payable at the time of sale. Beneficiaries shall have the right to make an offset bid without cash in an amount equal to the balance owed on the obligation at the time of sale. or a portion thereof, including any sums expended by Beneficiaries and Trust" under this Trust Deed with interest, attorney's fees and costs of sale. Trustee may postpone eels of all or any portion of the property by public annourseemant at the tine and place of sale, and from time to time thereafter may postpone such sale by public announcement at the time fixed by the preceding postponement 'Trustee shall deliver to the purchaser its dead conveying the property sold, but without any covenant or warranty, express or implied- The recitals in such deed of any matters of fats shall be conclusive proof of the truthfulness thereof. Any person, including Truster, Trustee, or *. IogJAMw 0- ~&JWIOM H&R BLOCK TEL No.376-1196 Mar 28,95 18:06 N0.003 P.04 Beneficiaries, as hereunder defined. may purchase at such sale. C. After deducting all costs. Ease and expenses of Trustee and this trust, including costs of evidence of title and reasonable attorney's fees in connection with sale. Trustee shall apply the proceeds of sale to payment of all sums expended under the terns hereof, not then repaid with accrued interest as set in Paragraph AS herein, all other turns then secured hereby, and the remainder. if any, to the persons legally entitled thereto. 7. iudidal Foraclosuur end/or Actiop on the Note, Nothing contained herein shall be construed to limit the right of Beneficiaries to foreclose this Dead of Trust by judicial action. Beneficiaries shall further be entitled to bring an action upon the note secured by this Deed of Trust without attempting to foreclose this Deed of Trust either by judicial action or by exercise of the power of sale. Trustor shall be liable for and agree to pay any deficit. S. Bindine. This Deed of Trust applies to. inures to the benefit of. and binds all parties hereto, their heir. legatees, devisees, administrators. executom successors and assigns. The Berm Beneficiaries or Beneficiary shall mean the owner and holder, including pledgees. of the Note secured hereby, whether or not named as Beneficiary herein. In this Deed, whenever the context so require%, the masculine gender includes the feminine and/or neuter. and the singular number includes the plural. 9. Trusses accepts this Trust when this Deed. duly exac ted and admawladged, is ="a a public record as provided by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or of any action or proceeding in which Truster. Beneficiaries or Trustee shall be a party unless brought by Trustee. 10. Substitute Trustee. Dettefielaries may from time to time, as provided by statists, appoint another Trustee in the piece and steed of Trustee herein named. and thereupon, the Trusty heram named shall be discharged and Trusty so appointed duall be substituted a Trustee hereunder with the same effect ee if originally named Trustee herein. II. Co -Trustees. if two or more persons be designated as Trustee herein, any. or all, powers granted herein to Trustee may be exercised by any of such persons, if the other person or persons is unable for any reason to act. and recital of each inability in any instrument executed by any such persons shall be conclusive against Truster, his heirs and assigns. 12. Maturity Data. For the purposes of Alaska Statute S 3-6.20.150. the period of this instrument and its date of maturity in TWO (2) years from the date of execution of the deed of trust» In the event a Dead of Reoonveyance for this Deed of Trust is not recorded within the TWO (2) year period. the period of this instrument and its maturity date shall be automatically extended for an additional FIVE (5) years, ragaedler of whether another instrument extending the period or a memorandum of payment is recorded during the initial TWO (2) year period. It is the intent of the parties to this Deed of Trust that this Deed of Trust say in full force and effect until the underlying obligations which it secures are satisfied in full. That, in the event the Trustor hereafter shall sell or assign their right, title and interest, in and to the property herein sold and purchased, said sale or assignment shall be subject to the following conditions. 1. The Trustor shall continue to be personally liable for the full amount of the indebtedness and the obligations under this Deed of Trust; and 2. The full amount due and owing to Beneficiaries shall first be paid in full. D. NLINC PRO TUNIC. This Deed of Trust shall be effective rust pro true to the 10th day of February, 1995. os/wrsrrwwrr 3 cur. r I-w"Wa-mquiu.wve IN WITNESS HEREOF, the Trustor hereunto set their hands and seals the day and year set forth above. James F. Adolf STATE OF ALkSKA ) ss: THIRD JUDICIAL DISTRICT ) h This is to certify that on this �� day of March, 1995, before me, the undersigned Notary Public, personally appeared JAMES F. ADOLF, known to me to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand and official seal. Notary Public in and for Alaska My commission expires: 4)j1gj' After Recording Return To: GRANT STEWART Attorney at Law 4900 Palmer/ W aissilla Hwy. N 4 Wasilla. Alaska 99654 �i=.taas .pa.os�ei�juw 2 ftv--AWWW^�M H&R BLOCK TEL .Ao.376-1196 Mar 28.95 18:06 No.003 P.01 DEED OF TRUST NOTE $72,000.00 FOR VALUE RECEIVED, I the undersigned, JAMES F. ADOLPH, promise to pay to the order of KERRY WRIGHT, BETH WRIGHT. ALVIN K. WRIGHT, RAYMOND K. WRIGHT, MADGE E. WRIGHT, SCOTT PIGGOTT and ROYCE PIGGOTT, or their order, the sum of SEVENTY-TWO THOUSAND and No/100 ($72,000.00) DOLLARS, payable as follows: The monthly sum of THREE THOUSAND THREE- HUNDRED TWENTY-TWO and 43/100 ( $3.322.43) DOLLARS, or more, which sum shall be principal and interest, at the rate of ten percent (10.0%) per annum beginning on the loth day of February, 1995, due on or before the loth day of March, 1995, and a like sum payable on or before the loth day of each subsequent month thereafter until the entire unpaid balance has been paid in full. In addition, for any payment which is made more than ten (10) days after the due date, there shall be added a late charge of SEVENTY-FIVE and No/100 (S75.00) DOLLARS. ARS. The entire remaining unpaid balance of principal and interest shall be paid in full on or before the loth day of February, 1997. Additionally, at the sole discretion of the payees, part or all of the sums may be called due and owing, upon fifteen (15) days prior written notice, at any time after the 12th day of April, 1995. All sums shall be payable in lawful money of the United States of America. Payments shall be made to Kerry Wright at 1451 Parks Highway, Suite "A", Wasilla, Alaska 99654, or such other place or to such other person as the holders may designate in writing. It is understood and acknowledged that the sums evidenced by this note, have been provided to the obligor by various persons in various sums. and that future loans may also be made at the discretion of the payees, and it is agreed that this note shall cover any such future advances, so long as the total outstanding principal balance does not exceed SEVENTY- TWO THOUSAND and No/100 ($72,000.00) DOi r_ARS, excluding collection costs. Furthermore, these sums include amounts due and owing for legal services incurred for the review and preparation of this note, the deed of trust, title insurance, and other security instruments and legal services, including recording costs, payment for which is due and payable by the obligor, upon receipt of the bill from payees attorney GRANT STEWART, Attorney At Law, and shall be paid in addition to the regular monthly sums due and owing hereunder. Payment for title insurance shall be made directly to Transalaska Title Insurance Agency, Inc-, 130 Trading Bay, Suite 390, Kenai. Alaska 99611. FOR VALUE RECEIVED, each and every party sigriing or endorsing this note hereby waives presentment for payment, notice of non-payment, protest and notice of protest for non- payment thereof, binds himself or herself thereon as principal, not as surety. and promises in case suit or action is instituted to collect this note or any portion thereof, to pay in addition to the cosh and disbursements of said suit, a reasonable sum as attorney's fees in such suit or action, and agrees to remain bound, notwithstanding any extension or extensions that may be made to any party liable on this note, and consent is hereby given to any such extension or extension; and in the event any installment of this note is not paid in full when due, and such default is not made good prior to thirty (30) days after the due date of said installment or payment, or a proceeding in bankruptcy, receivership. or insolvency shall be instituted by or against the undersigned, or any of the undersigned, or if undersigned, or any of undersigned, shall nuke an assignment for the benefit of creditors, the entire amount of this note, including any interest due on any installment hereof, shall become due and payable at the election of the holder hereof, shall become due and payable at the election of the holder hereof. The payment and acceptance of any sum or sums at any time on account of this note shall not waive such rights of election. The aforesaid thirty (30) day grace period shall run concurrently with and include the statutory thirty (30) dry grace period accorded under Alaska Statute S 34.20.070. The undersigned Promisor/Obligors is personally obligated and fully liable for the sums due under this Note. The Promisees/Lenders have the right to sue on this Note and obtain a personal judgment against the Promisor/Obligor for satisfaction of the amount due hereunder either before. after or without a judicial foreclosure of the Deed of Trust under A.S. 09.45.179-09.45.220. This Note is to be construed according to the laws of the State of Alaska, and this Note is secured by a deed of trust of even date herewith, to TRANSALASKA TITLE INSURANCE AGENCY, INC. as Trustee, and KERRY WRIGHT, BETH WRIGHT, srw►smrn OI�r,Mrb".tiN ►t 1p,gfA M� /� husband and wife, ALVIN K. WRIGHT, RAYMOND K. WRIGHT, MADGE E. WRIGHT. SCOTT PIGGOTT and ROYCE PIGGOTT, husband and wife, as Beneficiaries, on lease hold interest in real property situate in the Kenai Recording District, Third Judicial District, State of Alaska, more particularly described as follows: Lot 3, Block 4, according to the Plat of GENERAL AVIATION APRON NO. 1, filed under Plat No. 73-69, located in the Kenai Recording District, Third Judicial District, State of Alaska. This note shall be applicable nunc pro tune to the loth day of February, 1995. DATED this _f(j2 day of March, 1995. James F. Adolf "11 GaAWSWWAN Awew�v �1lN O N,.dl,I,.,..M /�1/a flY1):AI�L ,d pWjiR►N7, CITY OF KEN 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 kyAmr' rA..da, 1"2 :MEMORANDUM TO: Kenai City Council FROM: Kim Howard, Administrative Assistant IL THROUGH: Thomas J. Manninen, City Manager -nit.✓ DATE: March 29, 1995 FOR: April 5, 1995 Meeting RE: Lease Application Approval - Differential Global Position Site (DGPS) Enclosed is a lease application and a draft lease provided by the U.S. Coast Guard for a Differential Global Position Site (DGPS) in Kenai. The proposed site is approximately 1,550 feet north of the Willow Street and Marathon Road intersection, east of Marathon Road, and consists of 23 acres. Also enclosed is information regarding the DGPS implementation plans for Alaska. The Coast Guard is proposing a 20 year lease for the Kenai site. The Airport and Airway Improvement Act prevents the City from charging rent to the federal government for areas needed for navigation activities. The Coast Guard has coordinated with the Federal Aviation Administration regarding the proposed site. The Kenai Airport Commission unanimously approved of the DGPS concept at its March 9 meeting. The Planning and Zoning Commission unanimously approved the lease application at its March 22 meeting. Does the City Council recommend approval of this lease application and lease? Enclosures cc: William T. Davis, Lieutenant Commander, USCG Thomas M. Miele, Lieutenant, USCG Dave Savatgy, Lieutenant, USCG /kh C:\WPOOCS\LEASES\COUNCIL.MEM 03/28/95 12:20 '0510 4375753 MLCPAC(S) L.G: h-1- � IM 002 Coast Guard Island U.S.Department Commander (sr)CA 94501-5100 of Transportation Maintenance and Logistics Alameda. Command Pacific Tel: (510) 437-5956 United Stc�t*s Fax: (510) , 437-5753 Coast Guard 11011 March 24, 1995 City of Kenai Attn: Ms. Kim Howard 210 Fidalgo Ave.. Suite 200 Kenai. AK 99611-7794 Dear Ms. Howard: The following information is provided in response to your letter of March 9, 1995 raising several concerns about our proposed Differential Global Positioning Site (DGPS) in Kenai. Alaska. We will be surveying the land with our own contractor. We have no objection to "squaring off" the land for our site, increasing the amount of land we will be leasing to 23 acres. WO will let you know when the surveying will be started. probably as soon as the snow in the area has melted. We have been working with the FAA to assure that our plans will not result in any possible radio frequency interference. The frequency that we will be re using is pre -approved for radio navigation, and does not generally with other antennas. Additionally, because our antenna will be located outside of any existing buffer zones, the FAA has Indicated that further consultation with them is not necessary. We will be applying for an Army Corp of Engineers permit and an Alaska Coastal Zone Management Consistency Determination by mid April. Construction plans and schedules will be provided to your Building Official, Mr. Bob Springer. when they are complete. we will continue to work with Mr. Springer to obtain a City building Permit - Thank you for your support of the Coast Guard's DCPS program. We hope to � provided all property and start construction at this site by 24 July 1995 p property and environmental requirements can be met. Should you have additional questions please contact LTJG David Savatgy of my staff at (510) 437-5620. Sincerely. WILLIAM T. DAVIS Lieutenant Commander. U S Coast Guard Chief, Real Property Branch Civil Engineering Division By direction of the Commander Copy: Commanding Officer, Civil Engineering unit Juneau Commander. Maintenance and Logistics Command Pacific (ts-Z) CITY OF KENAI ,10 ridalgo Ave., Kenai, Alaska 99611 283-7530 LEASE APPLICATION Name of Applicant U. S. COAST GUARD, COMMANDER MLCP(SR) Date Received 2 Time Location��Ale ignetur+� and -title) Address BUILDING 54D, COAST GUARD ISLAND, ALAMEDA, CA 94501-5100 Business Name and Address U S COAST GUARD, ALAMEDA, CA ADDRESS SAME AS ABOVE Kenai Peninsula Borough Sales Tax ',o. N/A (if applicable) State Business License No. N/A (if applicable) Telephone (510) 437-5620 Lot Description SEE ENCLOSED DRAWING Desired Length of Lease 20 YEARS Property to be used for DIFFERENTIAL GPS TRANSMITTING SITE. SIGNAL TO BE USED FOR A PRECISE NAVIGATION SYSTEM AVAILABLE TO THE PUBLIC. Description of Developments (type, construction, size, etc.) ONE 120 FT ANTENNA TOWER WITH 500 FT GROUND RADIALS SPACED 30 APART, CONSISTING OF 6 GUAGE COPPER WIRE. ONE SMALL EQUIPMENT HUT AND TWO TWENTY FT REFERENCE ANTENNAS (RECIEVE Attach development plan to scale '1" = 50'), showing all buildings planned. Time Schedule for Proposed Development: Beginning Date 1 AUGUST 1995 Proposed Completion Date 1 SEPTEMBER 1995 Estimated Value of Construction $ 175,000.00 Date : 28 FEBRUARY 1995 Signed: S G Date: 28 FEBRUARY 1995 Signed: 2,4Am . (�,�IIR, USCG 1 ENCLOSURE( CITY OF KENAI CHECK LIST FOR SITE PLANS ALL ITEMS MUST COMPLETED BEFORE APPLICATION CAN BE ACCEPTED Drawings should be drawn to scale 1"= 50 ft.*, and must show layout of the iot applied for and the location of all improve- ments proposeo. Drawings must show: 1. Existing buildings 2. Proposed buildings 3. Parking facilities (how many soaces and where located) 4. Site improvements SEE ENCLOSED DRAWII SEE ENCLOSED DRAWII NONE a. Areas to be cleared and method of disposal APPROX 10 ACRES. b. Proposed gravel or -paved areas C. Landscaping plan (retention of natural N2Q_RAAT9D AREAS vegetation and/or proposed planting areas) NO PROPOSED PLANTII 5. Building set backs 25 FEET 6. Drainage plan and method of snow removal N/A 7. Circulation plan (all entrances, exits and on -site access) N/A 8. Location of sign(s) - sign permit required N/A 9. Fencing AROUND RADIOBEACON (20FT X20FT) AND AROUND T411T (30 FT X 30 FT 10. Curb cuts ;where applicable) �/A 11. Building height 120 FEET 12. Buildings on or near the airport on airport lands must complete FAA Form 7460-1 WILL PROVTT)R E RM FAA 7460 *This does not have to be drawn by an architect or engineer. P ENCLOSURE') BUILDING INFORMATION On this sheet submit a drawing of building planned, :;raven to scale. Scale : 1 " = 2 f t . (EQUIPMENT HUT) Construction Materials (wood `rame, steel building, etc.; EQUIPMENT HUT IS FIBERGLASS CONSTRUCTION. :ANTENNA IS STEEL, GROUND PLANE IS COPPER. THIS DRAWING SHOULD BE AS COMPLETE AS POSSIBLE SEE ENCLOSED DRAWING (DGPS HUT 10 FT X 16 FT) Note: If a prepared drawing is submitted, attach to this application and disregard this page, filling in construction materials only. 3 EOCLOSURE0 -] v i� 1 \ y�46 y 0 Description of Property l `�/ CONDITIONS OF ACCEPTANCE 'To be completed by the City Annual rent rate or cost Zoned for ?� eLGrXL✓� Permits required Assessments Insurance required Construction must begin by �� � 7` 12 if Completion date for major construction ��� ,� / ri;7 THIS APPLICATION WILL BE MADE A PART OF THE LEASE Planning Commission Approval: By: �" Date of Approval Chairman City Council Approval: By: , Date of approval City Clerk 4 ENCLOSURE(' STANDARD FORM 2 FEBRUARY IM GENERAL SERVIFM U.S. GOVERNMENT CES ADMINISTRATION LEASE FOR REAL PROPERTY FPR (41 CFR11-16,601 DATE OF LEASE LEASE NO. DTCG89-95-L-6-5D-027 THIS LEASE, made and entered into this date by and between City of Kenai 210 Fidalgo Avenue whose address is Kenai, Alaska 99611 and whose interest in the property hereinafter described is that owner hereinafter called the Lessor, and the UNITED STATES OF AMERICA, hereinafter called the Government DRAFT WITNESSETH: The parties hereto for the considerations hereinafter mentioned, convenant and agree as follows: a circulate` LI iveeritlTlClarSeed t T'oo mZ a lus �01 paiQcI o lr8n 1 Teas indicated on attachment 1) located in the southwest corner of Section 28, Township 6 North, Range 11 West, Seward Meridian, Alaska. ACCOUNTING DATA: to be used for DGPS SITE KENAI ALASKA 2 TO HAVE AND TO HOLD the said premises with their appurtenances for the term beginning on 01 MAY 1995 30 SEPTE BER 2004 ........................ through ....................................... subject to termination and renewal rights as may be hereinafter set forth. 3. The Govermmnent shall pay the Lessor annual rent of$.XO..CASt........................................._ N/A N/A at the rate of $ ............. per .................................................... arrears. Rent for a lesser period shalt be prorated. Rent checks shall be made payable to: N/A 4. The Government may terminate this lease at any time by giving at least ..94_.......... days' notice in writing to the Lessor and no rental shall accrue after the effective date of termination. Said notice shall be computed commenc- ing with the day after the date of mailing. S. This lease may be renewed at the option of the Government, for the following terms and at the following rentals: for one sucessive ten year period at the same rental rate and with the same conditions. DRAFT 90 provided notice be given in writing to the Lessor at least ................... days before the end of the original lease term or any renewal term; all other terms and Conditions of this lease shall remain the same during any renewal term. Said notice shall be computed commencing with the day after the date of mailing. 2-106 6. The Lessor shall furnish to the Government, as part of the rental consideration, the following: DRAFT a. The right of ingress and egress over the property of the Lessor for the Government, its contractors or other duly authorized representatives, necessary or convenient for the maintenance, operation, and replacement of the DGPS system. b. The right to maintain the area free from obstructions, trees and debris as necessary for the safe operation of the Government's equipment. c. The Lessor will notify the Government, in writing, of any change of ownership o the described property within thirty (30) days of said transfer. d. The Lessor will notify the Government, in writing, of any change of mailing address within thirty (30) days of said change of address. 7. The following are attached and made a part hereof: lr d l Wdafa( "d' 1f itA btloA>1,("i6kh *Ar4d iJt� LJ•!l-1111 LLJ "tl6i4 ! Sheets No. 2, 3, 4, Attachment 1 and the General Clauses (GSA Form 3517A) & Thefollowing changes were made in this lease prior to its execution: IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as of the date first above written. LESSOR BY (Signature) (Signature) IN PRESENCE OF: DRAFT ------------------------------------------------------- (Signature) I UNITED STATES OF AMERICA BY--------------------------------------------------------- (Signature) ------------------------------------------------------- (Address) W.T. DAVIS LCDR, U.S. Coast Guard Chief, Real Property Branch- --------------------------•----------------------------------- (011icial tine) STANDARD FORM 2 FEBRUARY 190 EDITION DRAFTDTCG89-95-L-6-5D-027 SHEET NUMBER 2 9. SUCCESSORS BOUND. The Lease shall bind, and inure to the benefit of, the parties and their respective heirs, executors, administrators, successors, and assigns. 10. GOVERNMENT LIABILITY. The government's liability for damage or loss of property, personal injury or death resulting from its use of the granted premises shall be as prescribed by the Federal Tort Claims Act (28 U.S.C. 2671-2680), as amended. However, nothing in this Lease shall constitute an obligation of funds by the United States in advance of an appropriation thereof. 11. EQUIPMENT INSTALLATION, MAINTENANCE REMOVAL a. Government is solely responsible for the installation, operation and maintenance of all Government owned equipment located on leases premises. b. Installation and operation of Government equipment shall be done according with accepted industry standards, applicable government codes and any other specific requirements of Lessor. c. Government agrees to remove all Government equipment and improvements upon termination of this agreement and Government shall leave the Premises in as good a condition, normal wear and tear excepted, as Government found them. d. In accordance with federal laws, all equipment solely owned by the Government is the responsibility of the Government. However, Lessor may remove Government's equipment and have it stored at Lessor's expense upon the termination of this agreement. 12. USE. COMPLIANCE. Government covenants and agrees to use said Promises in accordance with all applicable federal, state and local laws, regulations, ordinances and administrative and judicial orders and other requirements. 13. WARRANTY. Lessor makes no warranty, express or implied, as to the suitability of the Premises for the Government's intended use or purpose. Lessor does not guarantee an uninterrupted continuous electrical power supply at the site. Government acknowledges that there may be periods of electrical power outages at the site from time to time, and Government fully accepts the risks and consequences caused by such outages. 14. WAIVER. No delay or omission by either party to exercise any right or power is to be construed as a waiver. 2 Initials N Lessor Government DRAFT DRAFTDTCG89-95-L-6-5D-027 SHEET NUMBER 3 15. HAZARDOUS MATERIALS. Government shall not bring into the leases premises any hazardous material or substance without the expresses written consent of the Lessor. Government shall fully and promptly comply with all applicable federal, state and local environmental laws, regulations, ordinances and administrative and judicial orders and other requirements in every aspect relating to the use of the Premises, including, if any, generation, recycling, reuse, sale, storage, handling, transportation, release and disposal of any hazardous materials. 16. RISK OF LOSS. Government shall bear the risk of loss for any portion of Government's equipment placed upon the Premises by Government in the event the equipment is damaged or destroyed, in whole or in part, by any reason other than the negligent conduct of the Lessor. 17. INSURANCE. The Government is a self insured entity. 18. SUBLETTING AND ASSIGNMENT. The Government may sublet or assigned leased Premises to a non -Government entity only with the prior written consent of the Lessor, which consent shall not be unreasonably withheld. 19. LEASE ADMINISTRATION. The administration of the lease will be carried out by the following office: Commander (sr) Maintenance and Logistics Command Pacific Building 54-D Coast Guard Island Alameda, CA 94501-5100 20. LEASE PAYMENT. (If appliciable) No Lessor invoices are necessary to initiate payment. The payment for the subject lease will be made by the following office: U.S. Coast Guard Finance Center (0240) 1430A Kristina Way Chesapeake, VA 23326-1728 Initials 3 Lessor Government DRAFT DRAFT DTCG89-95-L-6-5D-027 SHEET NUMBER 4 21. TAX IDENTIFICATION. All leases must include either a nine - digit Federal Tax Identification number or a Social Security Number. Please indicate below: Federal Tax Identification Number: OR Social Security Number: Telephone Number: Date Signature 22. GOVERNING LAW. This Lease shall be construed in accordance with and governed by the laws of the State of Alaska, so long as the laws are not inconsistent with applicable federal laws and regulations. 23. SEVERABILITY. If any term or provision of this Lease be held invalid or unenforceable, the remainder of this Lease shall not be effected thereby and each term and provision hereof shall be valid and enforced to the fullest extent permitted by law. 24. ENTIRE AGREEMENT. This agreement, incorporated with the basic Lease, constitutes the entire agreement between the parties with respect to the subject matter contained herein. There are no representations, understandings or agreements which are not fully expressed in this Lease. Initials 0 Lessor Government DRAFT DRAFT GENERAL CLAUSES (Acquisition of Leasehold Interests in Real Property Not To Exceed $25.000) 1. The Govemment reserves the right, at any time after the lease is signed and during the term of the lease, to inspect the leased premises and all other areas of the building access to which is necessary to ensure a safe and heafthy work environment for the Government tenants and the Lessor's compliance with the provisions of this lease. 2. If the building is partially or tot &eTe by fire or other casualty so that the leased space is untenantable as determined by t n nment may terminate the lease upon 15 calendar days written notice to the Lessor and no furth 3. T�,­ie Lessor shall maintain the BemisBE s,E u e building and all equipment, fixtures, and appurtenances furnished by the Lesso i repair and tenantable condition. 4. In the event the Lessor fails to perform any service, to provide any item, or meet any requirement of this lease, the Government may perform the service, provide the item, or meet the requirement, either directly or through a contract. The Government may deduct any costs incurred for the service or item, including administrative costs, from the rental payments. 5. 52.252-2 CLAUSES INCORPORATED BY REFERENCE (JUN 1988) This contract incorporates one or more clauses by reference with the same force and effect as if they were given in full text. Upon request the Contracting Officer will make their full text available. 6. The following clauses and provisions are incorporated by reference: FAR 52.203-1 OFFICIALS NOT TO BENEFIT (APR 1984) GSAR 552-203-5 COVENANT AGAINST CONTINGENT FEES (FEB 1990) FAR 52.203-7 ANTI -KICKBACK PROCEDURES (OCT 1988) FAR 52.215-1 EXAMINATION OF RECORDS BY COMPTROLLER GENERAL (APR 1964) (Applies to leases over $10,000) - FAR 52.222-26 EOUAL OPPORTUNITY (APR 1984) (Applies to leases over $10,000) FAR 52.222-35 AFFIRMATIVE ACTICN FOR SPECIAL DISABLED AND VIET1 NAM ERA VETERANS (APR 1984) (Applies to leases over S10.000) FAR 52.222-36 AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS (APR 1984) (Applies to leases over S2,500) FAR 52.222-07 EMPLOYMENT REPORTS ON SPECIAL DISABLED VETERANS AND Vc ii =_BANS OF THE VIETNAM ERA (JAN 1988) (Applies to leases over S10,000) GSAR 552.232-71 PROMPT PAYMENT (APR 1989) FAR 52.233-1 DISPUTES (DEC 1991) The information collection requirements contained in this solicitation; contract, that are not required by regulation, have been approved by the Office of Management and Budget pursuant to the Pape.v/ork Reduction Act and 2sslgned the OMB Control No. 3090-0163. 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KfbK•• Y DOPS IIUI )1 ENCi ()Suer 4 i/ % ORTAC 1200�t .� / VORT C R 700' ROAD RDW j 18/36 TA SIC- / PRIKERY IT PROPERTY, IS�,/�� IAAS SBRA7_ ooE RANGL , op SEA 07 q/ p E�rF /' SF Oo7 v 4,0 C) \t EnU�RTF 07 �1 / SFC rnti R�74, 3S R711, \ i mu TAKI-II I71?OM F A A. DRAWINGS NUMBER ALU-L'rin-060.000 'REAL I-SIATE DAT4 KENAI, ALASKA.' F UNITED STATES COAST GUARD MAINTENANCE $ LOGISTICS COMMAND TE ®OPS VICINITY MAP 1ESIGNER )RAFTER CEROMAN ,iI'I'ItOVLO NGCKER I-C-UP U. vnf11_(_ CHIP F OF BRANCH T TOM HELL nnv^/�1 DRAWIIINNG fIUrIBLR 11 JECT FRANKAFRY MANAGER I UKINICH MU !/'���`LQ Q-331 mrmfCAI ASSISTANT SECTION CHIEF SCALE NONE ISHEET U.S. Department Commanding Officer P.O. Box 21747 of Transportation U. S. Coast Guard Juneau, AK 99802-1747 Civil Engineering Unit Staff Symbol: United States Phone: (907)463-2411 Coast Guard City of Kenai Attn: Kim Howard 210 Fidalgo Street Kenai, AK 99611 Dear Ms. Howard: RECEIVED CITY ADMIN. OF KEN Al 5090 _r The U.S. Coast Guard is undertaking a project to provide a new radionavigation service that, for the first time, can meet the extremely accurate navigation requirements of mariners in our environmentally sensitive harbor and harbor approach areas. The technology is new, made possible only by the advent of the Global Positioning System (GPS) satellite navigation system. Implementation of this technology is expected to significantly reduce the number of navigational related vessel groundings, collisions, personal injuries, fatalities and potential hazardous cargo spills resulting from such incidents. The new system is called Differential GPS (DGPS) and improves upon the GPS accuracy of 100 meters by computing and broadcasting corrections for each satellite using marine radiobeacons. Our planned DGPS service will require five sites to optimize signal coverage. The sites will transmit data locally to properly equipped users that, when applied to transmissions received from GPS satellites, will achieve accuracies on the order of 1 meter. With this high level of accuracy, the service will enable mariners to use DGPS with electronic charts to precisely and safely navigate through environmentally sensitive areas. The attached enclosure describes our plan for implementing this new navigation service. The service will also be available over some areas of land, providing an accurate positioning system for many other uses. For example, some states are planning to use DGPS in environmental regulation and management of natural resources. Generally speaking, DGPS broadcasts consist of low power signal transmissions at frequencies already authorized for maritime use (285 to 325 Khz). Signal broadcasts would be transmitted by an unmanned site, but monitored remotely by a control station. The generation and transmission of DGPS signals does not produce effluents or by-products. In addition, signal transmissions in 5090 this frequency band and power level have not been found to be harmful to the surrounding environment. We foresee minimal impact to the environment resulting from implementing our DGPS service, but rather substantial benefits offered by its precise positioning and navigation information. We are informing you of this project because, while the alterations to the sites are generally minor, and we have designed the system to avoid or mitigate any negative impacts, we recognize your interest in the sites involved. I have included implementation plans for the entire state of Alaska, but I am particularly interested in your comments on the proposed sites in Kenai. scl' 341005 Please provide a reply by April 7, 1995. If you have any questions, please contact LT Chris Smith at (907)463-2433 or FAX (907)463-2404. ,2cer-l—, . BESELER Commander, U.S. Coast Guard Commanding Officer Encl: (1) DGPS implementation plans DGPS IMPLEMENTATION PLANS FOR ALASKA SIGNAL COVERAGE AREAS The Coast Guard has selected 5 areas for DGPS coverage in Alaska, these are: 1 . Southeast #1 : The southern half of the Alexander Archipelago from Sumner Strait to Dixon Entrance. 2. Southeast #2: The northern half of the Alexander Archipelago from Sumner Strait to Skagway. 3. Cook Inlet: All of Cook Inlet with partial coverage of southern Prince William Sound. 4. Gulf of Alaska: The Gulf of Alaska with concentration on the harbors and harbor approaches around Kodiak. 5. Eastern Aleutians: Harbors and harbor approaches on the Alaska peninsula. In addition, a LORAN monitoring site will be co -located with the DGPS broadcast site. The DGPS corrections are broadcast by a marine radiobeacon and allow users with a compatible receiver to receive and apply these corrections to their GPS position solutions for enhanced accuracy. SITE EQUIPMENT Each site consists of the following components (see figure 1): 1. Broadcast antenna: The Coast Guard will use a NAUTEL Polestar 1 20B antenna to broadcast the correction signals. This antenna is a 120' tail, guyed, aluminum lattice tower with a triangular cross section and 20" faces. The guy radius is 100' with concrete guy anchors buried 3' at the end of each guy. The tower is supported by a concrete pedestal approximately 36" square and extending down 3'-6' or more depending on the local frost protection burial depth requirements and soii conditions. Those sites that are near airports will be equipped with obstruction lighting if required by FAA. In an effort to prevent birds from colliding with the guy wires, the upper two guy wires will have markers installed. The markers used will be similar to the Bird -Flight Diverter manufactured by Preformed Line Products. 2. Ground plane: The broadcast antenna will have a mat of copper wires emanating from its base to provide a reference ground for the signal. This reference ground allows the signal to reach the long ranges required in the coverage areas and compensates for the relatively poor ground resistance found typically in Alaska. The radius of the ground plane will be 500' with 120 #6 AWG (114" diameter copper wire) radials being installed. Where possible, these radials will be installed by a cable plow which allows for a 6" burial depth and minimal ground disturbance. The burial is important since the ground plane would be easily damaged by animals walking on the exposed wires. The total area affected will be approximately 18 acres. Indicates buried conduit. 4'x5' fiberglass Reference mast I shelter 10'x16' Electric winch _ fiberglass shelter Steadving Line 120' antenna — anchor - 2 req'd Extent of 500' Guy anchor. 3 _ Reference mast 2 ground plane. required for each antenna. Figure 1. Tvpicai DGPS site layout (antenna shown in reclined position) 3. Reference masts: Each site will have 2 reference masts. These masts are ROHN 55G self supporting towers and range in height from 10' to 30'. They support small arrays of GPS antennas to receive signals from the satellites which in turn allow correction data to be computed. The height of these masts vary from site to site because the antennas must be able to "see" the satellites and tall obstructions in the area block the view. The masts and arrays will be connected to the fiberglass equipment shelter by a buried conduit. 4. Fiberglass equipment shelter: Each site will have a 10' x 16' fiberglass equipment shelter to house the electronics for the system. These huts come equipped with environmental controls, ventilation, electrical wiring, and telephone communications for ease of hookup during construction. Utilities will be run in buried conduit from the commercial source to the shelter. Buried conduit will also be run from the shelter to each reference mast and to the coupler shelter. The shelter will be installed outside the ground plane to avoid electronic interference. 5. Fiberglass coupler snelter: Each site will have a 4'x 5' fiberglass coupler shelter to house the antenna Automatic Tuning Unit (ATU) and to provide electrical service and telephone to the base of the tower for future maintenance. These huts will be installed near the antenna pedestal. 6. Miscellaneous: In addition to the above, each site will have an electric winch, 2 small concrete pads for steadying lines, and 2 cradles to support the tower in the reclined position. These items are necessary since the tower is typically lowered for maintenance. Also, a 6'-8' wooden fence will be installed around the antenna to prevent accidental shocking of people and animals from touching the tower. 7. LORAN monitoring site at Cold Bay: The installation for this site includes an 8' x 12' fiberglass shelter for equipment and 35' fiberglass whip antenna for receiving LORAN signals. A 35' radius ground plane will be installed around the whip antenna. The shelter will be connected to power and telephone in the same way as the DGPS shelters. METHOD OF CONSTRUCTION The construction of each site will begin with clearing of trees and brush. The area within the guy radius will be de -stumped for ease of construction. The cleared materials will be removed from the site. Equipment access to the site will be installed using gravel to provide a bearing surface for heavy equipment. This gravel roadway will remain after construction for maintenance access in the future. The guy anchors, antenna pedestal, reference masts, shelters, winch pad, steadying line anchors, and cradles require excavation before concrete can be poured. The excavation will be done with a backhoe and the concrete for the foundations provided by either a ready mix truck or portable mixer depending on the availability at each site. The depth of excavation is a function of site conditions - see broadcast antenna foundation description. The buried conduit runs will be excavated by a trencher to a depth of approximately 24" and the excavated material replaced to protect the installation. The ground plane will be installed by a cable plow where possible so that backfilling of the wire trenches is not required (the cable plow slices the earth, lays the wire and closes the slit trench in one pass). Once the foundations are in place, a crane will install the shelters on their foundations. The tower is assembled on the ground and winched into place using the electric winch and a hinged base plate on the base of the antenna. Because of the effects of weather on the delicate tower raising operation, the tower will be installed so that it is raised into the prevailing wind at each site. After the construction activities are complete, the cleared areas will be seeded with native grasses to prevent erosion. The Coast Guard will use the University of Alaska Fairbanks' "A Revegetative Guide for Conservation Use in Alaska" for guidance in this seeding. Once the construction is complete, two other Coast Guard crews will install the broadcast transmitter and the DGPS equipment. Plans are to have the sites operational by January 1, 1996. DGPS BROADCAST SITES Based on the coverage areas, prospective sites were chosen to provide the largest service area and greatest use of existing infrastructure. Two sites were chosen for each coverage area and one will be selected. The coverage areas and sites are (see figure 2 and site maps following text): Cold Bay 1. Southeast #1: Annette Island/ Guard Island J ,wG Kenai - ' Kodiak y Gustavus Figure 2. Proposed DGPS sites in Alaska 4 a. Annette island: Abandoned FAA RCAG site approximately 6 miles east of Metlakatla. The proposed site is located within a suspected wetlands area. A precise determination and confirmation is being sought with the Army Corps of Engineers. b. Guard Islands Lighthouse: Historical lighthouse at the north end of the Tongass Narrows approximately 2 miles west of Point Higgins and 15 miles north of Ketchikan. 2. Southeast #2: a. Gustavus: Government Communications and navigation reserve land south of the east end of the main runway at Gustavus airport. The proposed site is located within a suspected wetlands area. A precise determination and confirmation is being sought with the Army Corps of Engineers. b. Gustavus: Abandoned SBRA site approximately 5 miles northwest of the Gustavus airport. 3. Cook Inlet: a. Kenai: Land east of Marathon Road centered on a line extending perpendicular from the north end of the runway at Kenai airport. b. Kenai: FAA VORTAC site approximately 3 miles north of the Kenai airport. The site would be centered at least 2000' southeast of the VORTAC building. Both proposed sites in Kenai are located within suspected wetlands areas. A precise determination and confirmation is being sought with the Army Corps of Engineers. 4. Gulf of Alaska: a. Kodiak: Miller Field near Cape Chiniak. The land is owned by Leisnoi, Inc., a Native Corporation on Kodiak. The proposed site is located within a suspected wetlands area. A precise determination and confirmation is being sought with the Army Corps of Engineers. Also, a portion of the ground plane terminates at the edge a salt water lagoon which may require a consistency determination with the Alaska Coastal Zone Management Plan (ACZMP). Confirmation is being sought with the State of Alaska. b. Kodiak: Coast Guard Communications Station. The Coast Guard has a 450' AM broadcast antenna which is leased to a radio station with a revocable lease. The antenna is located in Bear Valley near the Coast Guard Support Center in Kodiak. 5. Eastern Aleutians (the LORAN monitor site will be co -located with the DGPS broadcast site): 5 a. Cold Bay: FAA abandoned HF receiver site approximately 6 miles east of Cold Bay airport near Johnny M Lake. b. Cold Bay: FAA Non -directional beacon (NDB) site approximately 10 miles east of Cold Bay airport. This site is also known as the Cold Bay outer marker. Both proposed Eastern Aleutians sites are located within the Izembek National Wildlife Refuge. 6 SITE SUMMARY OF PROPOSED DGPS INSTALLATIONS IN ALASKA coverage area geographic area sine priority property owner lower height 1.1, most heights large but size sulall hu1 size power source broadcast rretquency beacon ranga ground plena —11— urea m clear Iteetl Ileel) Ileell Ireee I1,14) Inauucol m:lul Ilene I.,,1 cs1121 500l (LAST fl ArJNLI It I�jIANU Of IJ(: AG 2 y 120 30130 10.16 4x5 i 323 110 :,ll.) 18 GUARD ISLAND IIGIII NOUSL USCG 120 10110 10.16 4x5 Cti gmlor aloe 324 110 I5e!L1f e EASTERN ALEUTIANS COLD BAY OLD FIF 5 FAA 120 10/10 lOxl6 4.5 commercial 289 180 boo 0 COLD BAY NOB FAA 120 10/10 10.16 4x5 commercial 289 180 500 0 SOUNILAST s2 GUSTAVUS AIRPORT 3 Slutu nt AK 120 30/30 10.16 4.5 uunmercml 288 170 500 10 GUSTAVUS OLD SURA HIM 120 30/30 10.16 4.5 cun:n:emwl 288 170 500 10 COOK INLET KENAI AIRPORT I C+fy of K—,,. 120 30/30 10.16 4.5 cunnnercfal 310 110 500 1 b KENAI FAA VORTAC FAA 120 10110 10.16 4x5 conunerclal 310 170 500 5 GULF OF ALASKA KODIAK MILLER FIELD 4 leonm. Inc 120 30t3O 10.16 4.5 umunercral 313 180 500 10 KODIAK CG COMMSTAIII USCG non req'd 10110 riot req'd not req'd conunerclal 313 180 nut rcy'd 0 Explanation of chart headings: Coverage area: The area of Alaska that the site is designed to cover. Geographic area: The general area where the site is located. Site: The proposed sites to provide DGPS service to the coverage area. Priority: the Coast Guard'. installation priority based on the number of potunual users will fill tine covuidgO area. Property owner: Who or whal organization owns Ilia land for the proposed silo. Tower height: Height of the broacast antenna. (note: the Kodiak Communications Station sfle has an existing lower) Reference mast heights: Required height of the 2 masts supporting the reference station receivers at each site. Large but size: Outer dimensions of the large fiberglass equipment shelter. Small but size: Outer dimensions of the small fiberglass equipment shelter (to house life anlenna Aulonfatic Tuning Unit). Power source: The provider of the electrical service to the title. Broadcast frequency: The hequancy of Ilia DGPS broadcast trim the antuna. Beacon range: The range of the radiobcacon assuming a minimum usable signal stiunglh of 7t) microvolts. Ground plane radius: The radius of the 120 copper wires omanaling from Ilia tower base Area to be cleared: The approximate area of tress and brush to be cleared from ilia site to allow for construction. Notes: (1) The Coast Guard Communications Station (CG COMMSTA) !ilia is an existing situ with a fewer and iransnutting building (2) The entire 18 acre area of the antenna and ground plano will be cleared of trees and brush. In Ilia aiva within 100' of the tower, stumps will be removed also to permit construction of the concrete pads. The area between 100' and 500' born the lower will he cleared to within 6* of the ground to allow for installation of the ground plane. All cleared material will be removed from the bile and the area re -seeded. (3) The exact size of the ground plane at Guard Island is not celldin. The IsLufd itself 1s appiuxrmatuly 600' norih- south and 200' east -west with the lighthouse in the middle The ground plano will terminate into the salt water in all directions and be placed around the existing structures. ANI) VICINITY �dSIIN OtLN PI 11.1 py Ill ij Db wk v CANDE CU L L A X I IN i t I K A I I Al—ndoiicd I'AA UCAG site proposed DGPS site ?uUo o "WA, -ju SCALEWA,1000, LL [A N 1) 0%) &A�% tAI'Mil-KINI T C4 T r---1 7-1 T-7 m Guard Island Lighthouse i2 DGPS site c1 Z L LA G I G E D 0 Guard rj Is. ii KcLchikamn (9 miles m 'I A CO III) 13 A 1) FAA abandoned IIF receiver site KPS and [AR"' monitor site option N Y GIUSTAVI)S AIRPONT 1)(;PS SITI,'( AND VICINITY r'A �� \ I / 11IMPOSIA) 1)(AIS SITE wl l'i'llIN GOVERNMENiCA' ONS AND NAVIGATTIONCOMMIJNRESERVE STAV�: 11 AT /,' �-'l AA D B RA �z:-' 'I i- SC-,( 1 -?D.3 1514 k I': NA I I)CPS lTli:S AN I) VICINITY I I - FAA VORTAC DGPS sue /Marattion Road DGIIS Site KODIAK (MILLER FIELD) DGPS SITE Taken from USGS map 'KODIAK (C-1) ALASK A" T 30 S '0 Chiniak Lake Chiniak i ei • �� C;-IA �, a .ram �r 0 77 :SCG CCMSi'-7A KCDIAK BROADCAST .ANTENNA VR-2 Proposea DGPS site i 1 ! � , , ��\ ----- x rw ..ree. CITY OF KENP ,, c e " 4 4Z 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 kylyyl wrw�ar 'IIII� 1992 MEMORANDUM To: Honorable Mayor John Williams & Kenai City Council From: Thomas J. Manninen, City Manager Date: March 31, 1995 RE: City Administration's Recommendation on the City's Insurance Broker Proposals City administration has been reviewing its insurance package proposals for insurance brokers. The specs for the broker proposals and the staff analysis is attached with this recommendation on selecting the lowest qualified bid. The specifications were drawn up with the analysis and concurrence of the city administrative staff. The city manager's recommendation, along with the city administrative staff, after considering the qualifications of all proposers and the proposed prices, is TO AWARD THE INSURANCE BROKER PROPOSALS TO THE LOWEST INSURANCE BROKER PROPOSALS TO THE LOWEST QUALIFIED BIDDERS FOR THE CITY'S LIABILITY AND EMPLOYEE BENEFITS PACKAGES. For the city liability policy, it is the Brown Agency, with an average price of $13,000 per year. The employee benefits health insurance package is proposed to be awarded to Last Frontier as the broker, for a fixed fee of $2,500; commission returned (see attached proposed insurance proposal matrix). Although it appears that the selected proposers are qualified and have the experience to handle the insurance accounts, if in routine checking of references, between today and the council date, staff finds differently, staff will advise the city council at the April 5 city council meeting. THE CITY ADMINISTRATIVE STAFF RECOMMENDATION IS TO AWARD THE CONTRACTS TO THE BROWN AGENCY AND LAST FRONTIER INSURANCE AGENCIES, RESPECTIVELY, TO BROKER THE CITY'S INSURANCE PROPOSALS, CONDITIONED ON A POSITIVE REFERENCE CHECK BY THE ADMINISTRATIVE STAFF BEING PERFORMED BEFORE THE APRIL 5 CONSIDERATION BY THE CITY COUNCIL. Attachment C:\HPDOCS\TJM\INSURANC.MEM CITY OF KENAI ►► cd eCniW 4 41rzd►► 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 'III�1 1"z MEMORANDUM TO: Thomas J. Manninen, City Manager FROM: C f— Cary R. Graves, City Attorney DATE: March 31, 1995 RE: Insurance Broker Proposals You requested that I review the insurance broker proposals and make a recommendation on which one to select. As you know, this process is not designed to select insurance companies or type of policies; that will come later. This process is designed to select a broker to help us in that process. Attached to this memorandum is a spreadsheet which lists the basic elements of the proposals as required by the RFP put out by the City. This matrix is meant to be a quick reference guide to help in comparing the proposals. The proposals are divided into two basic types: property and casualty; and employee benefits. I will cover those proposals separately. Because this proposal is for professional services, the City does not have to award the contract to the lowest responsible bidder. KMC 7.15.050(5). However, cost is obviously a very important factor. Of the five brokers responding, one (Near & Associates) only submitted a proposal for the employee benefit package. Of the four brokers who submitted proposals on property and casualty, three submitted a proposal based on a fee paid by the City, and one (Last Frontier) based their proposal on receiving commissions from the insurance companies. While comparing the two methods is a little like comparing apples and oranges, I think we can make a fair comparison of compensation which will be paid by the City either directly or through higher premiums to pay for commissions. Let me give you a rough example. Let's assume we would pay Broker A a $5,000 direct fee. The cost of the policy the broker gets for the City when stripped of commission ($5,000) is $100,000. Broker B does not get a direct fee but instead relies on a commission from the Thomas J. Manninen March 31, 1995 Page 2 insurance company for compensation. The cost of that insurance policy is $105,000 ($100,000 plus $5,000 commission). In this case, the City is paying the same thing in both examples. Obviously, in most cases the direct fee versus commission numbers would not work out to be equal. The bottom line is I'm working on the assumption that commission fees and direct fees should be treated equally in terms of calculating the cost to the City. Property and Casualty Four brokers submitted proposals for the property and casualty insurance for the City. My review of the proposals indicates that all of the four brokers appear qualified to adequately handle the City's account.' All appear to have access to a sufficient number of insurance carriers to satisfy the City's needs. Of the four brokers bidding on property and casualty insurance, assuming the award is on a three-year basis as called for in the RFP, the Brown Agency's proposal is over $4,000 less per year than the next lowest proposal. I recommend the City award the property and casualty broker account to the Brown Agency. Employee Benefit Plans Five brokers submitted proposals to handle the employee benefit plans. All appear qualified to adequately handle the City's account.' The assumption that direct fees are roughly equal to commission is different here because Blue Cross and some other health insurance companies will not back the commission fees out of the price of a policy. In other words, they will charge the City a rate which includes a commission even if the broker is being compensated by a direct fee. Of the five proposals, the one submitted by Last Frontier is the lowest. Their proposal is for $2,500 (assuming no remarketing is needed).' They indicate they would file an agreement with ' It appears that Brady and Company did not submit a financial statement as required by the RFP. While arguably it could be described as a non -responsive proposal, I have not done so. Since they were the second highest bidder and I did not recommend awarding them the contract on that basis, I did not have to tackle that issue. ' Near & Associates did not submit a financial statement as required by the RFP. Since it was not one of the lower proposals, as above I have not taken up the issue of whether it could be called non -responsive. 3 Last Frontier states that if a "major marketing" effort is needed to acquire insurance, it would take a commission the first year and the flat fee for the following two years. I am (continued...) Thomas J. Manninen March 31, 1995 Page 3 the Division of Insurance to enable them to return the commissions paid by the insurance companies to the City without violating rebate regulations. Thus, the $2,500 fee would be the total fee, and they would receive no commissions. The next lowest proposal is by Walters & Associates for $6,000 ($5,500 if they were to be sole broker for both property and casualty and employee benefits) . It does not appear that they propose to return commissions to the City. Even if they did, their proposal would be higher than Last Frontier's. Last Frontier's proposal is $2,500 to $3,000 less per year than the next lowest proposal. I recommend the City award the employee benefit broker account to Last Frontier. These recommendations are based solely on review of the information submitted in the proposals. My review did not include checking references listed in the proposals. Obviously, prior to the decision to award the broker contracts, those references should be checked. If you have any questions about my recommendations, please let me know. CRG/sp Attachment C:1 WP6UIDOCS\LEGALDP"nINSURANC.MEM '(...continued) working on the assumption that a major marketing effort will not be needed. INSURANCE PROPOSAL MATRIX - 1995 BROKERAGE LOCALE LICENSE EXPERIENCE E&O COMPENSATION ANNUAL FINANCIAL REFERENCES COVERAGE PRO/CAS EMPL BEN PREMIUM REPORT Year 1: $15K BROWN AGENCY Kenai Yes 22 years Yes Year 2: $12K Commission Yes Yes Yes Dixie Cude Year 3: $12K $7,165 Avg: $13 K/yr WALTERS & Kenai Yes 24 years Yes Fixed fee Yes Yes Yes ASSOC. Bill Frazer $17,600 $6,000' Fixed fee LAST FRONTIER Kenai Yes 19 years Yes $36,1332 $2,500; Yes Yes Yes Kurt Olson Commission returned INSURANCE CONNECTION/ Kenai Yes 29 years No $20,000 fee Yes No Yes BRADY & CO. Gary Bocksnick 5000 $, NEAR & ASSOC. Soldotna Yes 26 years Yes 2.5 % of premium Commission Yes No Yes Jerome Near — $9,250 $9,250 ' If awarded sole broker, the total for both would be $22,600. ' Commission. Fire, liability, and auto range from 10% to 15%a, averaging 12.5% ($13,750); mobile equipment ranges from 10% to 15%, averaging 12.5% ($1,163); workers comp ranges from 5% to 10%, averaging 7.5% ($9,450); police, public officials, umbrella, airport, ambulance and museum were figured at 10% ($11,770). These averages total a commission of $36,133. (Numbers prepared by Kathy Lawyer of the Finance Department.) wwr �11 alters & Associates Insurance 130 S. Willow St., Ste # 8 Phone: (907) 283-5116 Kenai, Alaska 99611 Fax: (907) 283-3923 City of Kenai April 3, 1995 31.12 210 Fidalgo Kenai, AK 99611 n, APR � � 1. 9; Attention: Charles Brown - Finance Director, p� 1� cj 1), ^'K L RE: RFP - Insurance Broker Services Dear Charles, After reviewing all of the bids submitted to the City, and Thomas Manninen's recommendation to the City Council it is evident that only Walters & Associates complied with the RFP in it's entirety. The RFP under Section II letters A & C in combination with Section VIII letter J clearly requires that all twelve proposals must include a financial statement and that "all proposals must be in a sealed envelope and clearly marked in the lower left hand corner 'Sealed Proposals - Insurance Broker"'. Neither the Brown Aency nor Last Frontier Agency complied with this requirement. Submitting financial statements in a separate envelope addressed as "Confidential" to the City Manager, City Attorney, City Finance Director, or some variation of this clearly does not comply with either the letter or the intent of the RFP. It is also clear that the firms submitting their financial statements in that manner intended to exclude other brokers, the general public and ultimately the Kenai City Council from having the opportunity to examine their financial ability to function as the City's insurance broker. If the City was going to allow financial statements to be submitted in any manner other than required by the, February 1995, RFP an addendum outlining the change should have been sent out to all brokers intending to provide a bid. That was not done. The necessity of including a financial statement was the determining factor in whether or not our firm was going to provide a proposal. It was only after a great deal of internal debate that we decided to comply with the RFP and provide our detailed financial statement for public scrutiny. It is our strong feeling that all brokers be held to the same requirement, and that the bids/proposals submitted by Brown Agency & Last Frontier Agency not having a financial statement attached to all twelve copies and in a sealed envelope as instructed under item II letter C should be disregarded by the City as "non -responsive". In Addition the RFP under item VI Requirements of Broker letter B says to solicit quotes from an adequate number of quality insurance companies and compare and evaluate coverages on each line. Last Frontier's bid of $2,500. per year was only for their agency to service the Blue Cross program already in place; in essence awarding the City's Employee benefits to Blue Cross for the next three years. What happens if Blue Cross raises their premiums? Last Frontier's annual proposal to solicit "adequate" bids as required by the RFP is on a commission basis which would translate roughly into $7,000 per year. Further, it does not comply with section VI (B) as respects employee benefit plans. This bid format has no relation to the RFP requirements and should be considered "non -responsive". In his letter to Thomas Manninen, Cary Graves, indicates that Walters & Associates proposal "...does not appear that they propose to return commissions to the City." According to the RFP section VII letter E insurance purchased under a fixed fee basis, no commissions... shall be earned. Walters & Associates was not intending to collect any commission, so it would not be necessary to return it to the City. Any bid for health and life insurance from Walters & Associates to the City would be minus commission as required by the RFP. Mr. Graves' statement is misleading in that it implies Walters & Associates is intending to collect both a fee and commission. This is not true and was not part of the Walters & Associates proposal. The City management's selection process is flawed in that it does not comply with section VIII or IX (B) of the RFP. No bid/proposal either in its two parts or in its entirety was responsive other than the bid/proposal submitted by Walters & Associates. Walters & Associates provided a totally "responsive" proposal at a three year price for Property/Casualty and Employee benefits that was only $7,305 higher in cost. Consequently we feel the City should award both the Property/Casualty and Employee benefits to Walters & Associates. Regards, Bill Fraze� BF/tls cc: Thomas Manninen - City Manager Cary Graves - City Attorney Mayor John Williams City Council Members II. INSTRUCTIONS TO PROPOSERS A. All proposals must be submitted to: Charles A. Brown, Finance Director City cf Kenai 210 Fidalgo, Suite 200 Kenai, Alaska 99611-7794 B. Questions or comments regarding this proposal shall be directed to Charles A. Brown at the above address. Informal questions or clarifications may be discussed by calling Charles A. Brown at 283-7538. C. - Insurance Broker". All proposals must e receive y 3:00 p.m. on March 17, 1995, at which time they will be opened. Twelve copies of each proposal must be presented. No proposals or modificationsosals will be allowed o e mace by telephone or fax. Any written r-adif ications must be received accor ing to the above instructions. IV. MINIYUM QUALIFICATIONS Proposals will be accepted from local brokers with these minimum qualifications: 4 as an insurance broker or agent in the State -' of Alaska, with a east 5 year of experience. B. Currently maintain a local place of business. '_C. Experience with municipal accounts (property and .� casualty proposals only). D. Errors and omissions insurance with a minimum limit of $1,000,000 per occurrence. E. Experience in providing services similar to those outlined in this RFP. :I, .Access to sufficient markets to obtain a variety of quotes for coverages from A -rated (Best's Key Rating Guide) companies. VI. ,REQUIREMENTS OF PRO::=R(S) <,. A. To periodically review and evaluate the City's risk management program and to suggest alternatives. B. To solicit. rnintes om an adecruate number of quality insurance companies and compare an eva uate coverages on each line. C. To bind, order, and deliver in a timely fashion policies of coverage. D. To periodically review the City's contract and lease files for insurance requirements and certificates of insurance. VIII. CONTENT OF PROPOSALS Each proposal must include: J. An annual financial report, including a balance sheet and income statement, for the fiscal year of the irm ending in 1994. An audited report, if available, should be submitted. X. ASSURANCES By responding to this RFP, each proposer assures the City that, if selected as a City broker, he or she will: D. Whenever t e ust receive commissions from an insurer, deduct an equivalent amount from any r—ell—atZRr fixed fee. If the cost of an insurance policy is the same with or without a commission, the broker will take the commission and reduce any related fixed fee accordingly. 0 LAST FRONTIER44p% INSURANCE CACHE April 3, 1995 Mr. Thomas J. Manninen, City Manager City of Kenai _= '>> 210 Fidalgo Ave., Suite 200 Apt w, Kenai, AK 99611-3014 Ref: Insurance Broker Proposals L: ? Dear Mr. Manninen: Please accept this letter as our protest of the recommendation that the Brown Agency y-D be awarded the property and casualty section of the City's insurance program. We have enclosed a copy of our matrix, which follows the specific items addressed in your RFP. If this selection followed the criteria the City uses to award construction projects, we would have been the only firm found to be responsive. The Brown Agency bid was either non -responsive or not in compliance with your minimums on at least six occasions. However, several of their deficiencies have a direct impact on their ability to service the City of Kenai's property and casualty program: RFP page 2 Section IV. Minimum Qualifications Proposals will be accepted from local brokers with these minimum qualifications: (C.) Experience with municipal accounts (property and casualty only) Brown's response, on page 9 (K.) is "Brown Agency currently has no municipal business in place." It is our understanding that they have never had any municipal business in place. (E.) Experience in providing services similar to those outlined in this RFP. Brown's response, also on page 9 (K.) "However: we do business with a number of Not For Profit service organizations who have insurance needs somewhat similar to a municipality." We humbly disagree; non profits typically do not have airports, police departments, EMT's, public officials, and general liability exposures such as inverse condemnation. A more proper example of similar accounts would have been Borough, State, or service area accounts. (F.) Access to sufficient markets to obtain a variety of quotes for coverages from M companies. 170 East Corral Street I Soldotna, Alaska 99669 / Fax: (907) 262-6373 / (907) 262-4425 10543 Kenai Spur Highway ! Kenai. Alaska 99611 / Fax: (907) 283.5284 ! (907) 283-7591 page two Brown's response, beginning on page 3, is notable for several significant deficiencies As for companies to solicit quotes - we are aware of no companies doing business in Alaska that would decline to quote for the Brown Agency - if not direct, through a co - broker arrangement which we will arrange should it become necessary." We have enclosed letters from several companies doing business in Alaska but not with the Brown Agency. Alaska National is presently on a good portion of the City of Kenai's account and Worldwide Facilities is listed approximately 40 times in the Brown response. Our firm is the only firm on the Peninsula with brokerage agreements in place with both Worldwide and Alaska National. We have one of two local CIGNA appointments. Our proposal contained a list of companies writing public entity business in Alaska; not a list pulled out of the phone book or out of trade publications. The Brown Agency does not have an appointment with CIGNA. The CIGNA/Gladfelter- K&K entity listed in their proposal apparently is K&K, a managing general agent who can access Gladfelter Agency who writes volunteer fire departments inmost states. However, the only access to the CIGNA municipal pool being developed for the upcoming FY is via a CIGNA agency appointment; which we have. At least 10-12 % of commission on the City policies would remain with Gladfelter and K&K. Only Brown's commission would be netted off. If Brown were to utilize CIGNA, the commission remaining with Gladfelter and K&K and the Brown agency fee would exceed our CIGNA policy including commission. It is evident that the Brown Agency is contemplating a co -broker arrangement. However, the name or names of the other firms was not provided to the City. It may be in the best interest of the City of Kenai to determine which companies on the Brown Agency list actually do business with that firm and write public entity business in Alaska. That list will be extremely short. To the best of our knowledge, none of the insurers Brown Agency has an appointment with are writing public entity business in Alaska. The Division of Insurance has several statutes to protect the insurance buying public from misrepresentation. While the lack of experience and lack of markets should be enough to disqualify the Brown Agency, the question of fee disparity is still there. Insurance is like any other professional service; you get what you pay for. You may not notice it until you have a significant claim; need assistance on negotiating with the insurer over claims reserves, or have a unique exposure that needs to be covered. We stand upon our past service to the City; individually, and our firm. Would you go to a chiropractor with a serious heart problem just because his fee was less than an internist? page three Fees do not present the true picture on your type of account. A perfect example is the CIGNA/Gladfelter/K&K arrangement Brown Agency wants to use to access CIGNA. As previously stated, it will not access the correct program. However, if it did the commission to Brown would probably be at most 5%. If the package and compensation totaled $280,000 the commission would be $14,000. The net price to the City would be $266,000 plus the fee. To compare fee vs. commission you must know the commission amount prior to making an accurate evaluation. That was not the case this time. The total would be higher with Brown than with Last Frontier. The other submissions were also non -responsive; for reasons outlined on the enclosure. responses. It would be pointless to evaluate them at this time. Your RFP was specific. Proposals would be accepted if the minimum qualifications found on Page 2 - Section IV were met and the proposal included all contents found on Pages 4 and 5 - Section VIII. Our firm provided the only response that met all the minimum qualifications and had the contents outlined in your RFP. Since we were the only firm in compliance, the question of fee versus commission becomes moot. We would appreciate the opportunity to sit down and discuss this with you tomorrow. We will work with you any way we can on straightening this out. It is not our intent to have a repeat of the council meeting last June. Sincerely, St or enclosures Firm [Brady Brown LFIC Near Walters Minimum Qualifications A. Licensed 5 years YES NO(7) YES YES YES B. Local office JV/YES YES YES YES YES C. Municipal experience YES NO(8) YES NO(13) YES D. E & O - $1,000,000 NO(1) YES YES YES YES E. Similiar experience YES NO(9) YES NO(14) YES F. Market access JV/YES NO(10) YES YES YES Compensation Commission NO NO YES YES NO Fee YES YES NO NO YES If fee -is contingency income included NO(2) YES NIA N/A NO(15) Content of Proposals A. Name, address, etc. YES YES YES YES YES B. Owners/Shareholders NO(3) YES YES YES YES C. Principals YES YES YES YES YES D. Account Executive YES YES YES YES YES E. Co. access list YES NO(11) YES YES NO(16) F. Company terminations YES YES YES ? YES G. Evaluation/comments YES YES YES N/A YES Statement of Compliance 1. Local Broker JV/YES YES YES YES YES 2. Licensing YES YES YES YES YES 3. Experience JV/YES NO(12) YES YES NO(17) 4. E&O coverage/cert. NO(4) YES YES YES YES 5. Compensation NO(5) YES YES YES NO(18) I. Annual Premium YES YES YES YES YES J. Financial Report Y/E94 NO(6) YES YES ? NO(19) BRADY/INSURANCE CONNECTION (1) Non -responsive. No Errors & Omission coverage for either firm was enclosed with their response. (2) Contingency income specifically excluded from fee. (3) Non -responsive. Ownership of both firms not enclosed with response. (4) Non-compliance. Certificate not included for either firm. (5) Non compliance with Section VII (E). (6) Non compliance. Financial report for corporate year ending in 1994 not included for either firm. BROWN AGENCY (7) Firm has not been licensed for property and casualty for five years. (8) Firm has no municipal property and casualty experience. (9) Firm has no similar experience. (10) Firm has virtually no access to public entity markets. Firm cannot access directly or indirectly the two major admitted markets - Alaska National and CIGNA, nor the major MGA on Alaska municipal business - Worldwide Facilities. See Appendix A. (11) See (10) above. (12) Only one member of firm has any related experience, as a CSR not as a producer. (13) N/A (14) N/A WALTERS & ASSOCIATES (15) Non -responsive. Does not address contingency income. (16) Non -responsive. RFP specifically requested a detailed list of companies for each line of insurance; not a composite list of national public entity underwriters. (17) Non -responsive. Individual broker does not have public entity experience. Only other licensee in the firm has been removed from the City of Kenai account. (18) Non -responsive. Does not address continent income. Additionally, in a letter dated February 1, 1995 to the City, the broker indicated that if the City was on a "fee" basis, the companies would provide the same quote as if it was on commission. (19) Non -responsive. RFP requested a year-end statement for the corporate year ending in 1994. Firm included an "in-house" computer printout for the period 4/1 /94 to 2/28/95. INNURANCfi �� Rfi1NSURANCt � 11 jAlraTrir TMq WC TELEX: 67260 ASSURANCE LSA 3630 WILSMIRE BOULEVARD, SUITE 1d00 / LOS ANGELES. CA 90010 / PHONE (219) 990.4870 March 23, 1995 Mr. Kurt Olson Last Frontier Insurance Cache 170 East Coral Street Soldotna, Alaska 99669 Re: Kenai Peninsula Borough, City of Kenai, City of Soldorbu Dear Kurt: Further to our telephone conversation of March 21, it has been my understanding that Worldwide Facilities would be assisting Last Frontier Insurance Cache with the renewals of the above captioned accounts. Regretfully, there appears to be a misunderstanding regarding our affiliation which I presume is the result of conversations we have had with two other Alaskan agencies. The nature and extent of these conversations were to convey an explanation of our public entity expertise as well as provide an overview of the carriers we represent. Our intent was not to enter into any relationships with regards to these accounts. As you know, our appointment base on the Central Peninsula is currently limited to Last Frontier Insurance and your former firm, Walters & Associates. Worldwide Facilities looks forward to the opportunity of assisting your agency with the insurance needs of the City of Kenai, City of Soldotna, and the Kenai Peninsula Borough. If you or any one of your clients would like further clarification of our position, please do not hesitate to contact me. Sincerely, WORLDWIDE FACILITIES, INC. Davis D. Moore President DDM/pf T00[21 *ova HQI&TIEOY 08Ts toe CT342 TC-ST se/cZ/CO AGENCY Doug Brown Dawn Brown April 5, 1995 P.O. Box 11 Kenai, AK 99611 (907) 283-7834 Mr. Thomas J. Manninen, City Manager City of Kenai 210 Fidalgo Avenue #200 Kenai, AK 99611 RE: Request for Proposals/Letter of Protest Dear Mr. Manninen: 609 H eJ310 1- FAX 9 In response to the letter of protest from Last Frontier Insurance Cache dated 4/3/95, please be advised that we have offered our proposal in good faith and carefully checked each entry for accuracy and relevance to the City's request. To answer allegations of non-compliance on the attached page of the protest letter from that firm, please see following: (7) RFP only indicated that broker/agent be licensed 5 years, not the firm. Doug Brown has been licensed for Property & Casualty since 8/2/89. The firm has been licensed for Property & Casualty since 7/1/90. Dixie Cude has been licensed since October 1983. (8) RFP does not require municipal experience of the firm. (9) See response to #8 above. (10) Our proposal indicated that we would be able to access the markets necessary to service the City account. Any allegation to the contrary is simply not true. Additionally the MGA referred to is and has been doing business with the Brown Agency since January, 1995. (11) See response to #10 above. (12) Dixie Cude has been the servicing agent on many municipal accounts - please review paragraph D of our RFP regarding her qualifications. The State of Alaska defines "insurance agent" and "producer" as one and the same. Dixie has been a licensed agent/producer for 12 years and has performed the duties of such as defined by the State of Alaska for the past 6 1/2 years. In closing I would like to state that we have fully responded and complied with the specifications of the City's Request for Proposal. Sincerely, Doug Brown cc: Charles Brown, Finance Director Cary Graves, City Attorney City Council Members BRADY/INSURANCE CONNECTION (1) Non -responsive. No Errors & Omission coverage for either firm was enclosed with their response. (2) Contingency income specifically excluded from fee. (3) Non -responsive. Ownership of both firms not enclosed with response. (4) Non-compliance. Certificate not included for either firm. (5) Non compliance with Section VII (E). (6) Non compliance. Financial report for corporate year ending in 1994 not included for either firm. BROWN AGENCY (7) Firm has not been licensed for property and casualty for five years. (8) Firm has no municipal property and casualty experience. (9) Firm has no similar experience. (10) Firm has virtually no access to public entity markets. Firm cannot access directly or indirectly the two major admitted markets - Alaska National and CIGNA, nor the major MGA on Alaska municipal business - Worldwide Facilities. See Appendix A. (11) See (10) above. (12) Only one member of firm has any related experience; as a CSR not as a producer. NEAR (13) N/A (14) N/A WALTERS & ASSOCIATES (15) Non -responsive. Does not address contingency income. (16) Non -responsive. RFP specifically requested a detailed list of companies for each line of insurance; not a composite list of national public entity underwriters. (17) Non -responsive. Individual broker does not have public entity experience. Only other licensee in the firm has been removed from the City of Kenai account. (18) Non -responsive. Does not address continent income. Additionally, in a letter dated February 1, 1995 to the City, the broker indicated that if the City was on a "fee" basis, the companies would provide the same quote as if it was on commission. (19) Non -responsive. RFP requested a year-end statement for the corporate year ending in 1994. Firm included an "in-house" computer printout for the period 4/1194 to 2/28/95. U3/U4/04 U0:.7iy .nA L1 7t avva v..a✓..�yL cn�.i Mr&VRANCE REINSURANCE � air TELEX,: 07309 ASSURANCE LSA 3590 WILSHIRE BOULEVARD. SU'TE 1/0C /ICES AN3ELE5, CA SOC10 ���� S / PHONE (213; 360•407C Telecopy Transmittal Sheet Name: Ms. Dixie rude Date: 313193 Company: Browls Agency From: Paul Fuller Re: IMMM��� Number of Pages Including Cover Sheet. 1 Thank you for the submission on the above captioned acrount. Upon review, it appearsiAlaska Nationull has this account tightly packaged, which may create difficulties for our monoline markets to compete. Best case scenerio on our side would be about $50,000 for a $1,000,000 limit which would itwlude limited pollution coverage. Please call 4f you think we should pursue. Thanks and regards, Pau Fu er ff INSURANCE �® WORM �'�j��)�jr�� tt j�'{ IIIIIIW hEINBURANCE VV q.lOI1�1YL$1� V V J1DE ]FAM ATORj 4LK(C. TELEX: e7289 ASSURANCE LSA 3530 V41LSHIRE BOULEVARD. SUITE 1400 / LOS ANGELES CA 90010 / PHONE (213) 380 4670 March 3, 1995 To: Ms. Dixie Cude Be: Brown Agency moomw We are pleased to confirm the following quotation on behalf of Lexington U.K. Limited as follows: oue U,Ae: Primary General Liability Assure; ®1�1 and/or associated and/or affiliated andlor subsidiary companies for their respective rights and interests. ,Limits: It 1,000,000 each occurrence $2,000,000 policy aggregate Deductible; $5,000 each occurrence including expenses. -Conditions., *As per form Lex-Lon-Oce-Prim-1. "The following Endorsements are included hereon and represent Version A as being applicable to the Assured's operations insured herein: Endorsement #1: (Oil) (0I1-CON-1). Endorsement #2: (General) (GENCO14-1) Endorsement #3: (Pollution) (NPPCON-1) Premium* $10,000 Minimum & deposit plus $250.00 Fully Uarned Administration Fee plus $250.00 Alaska Surplus Lines Filing Fee plus 3.70% Alaska State Surplus Lines Taxes & Fees ($308.50); adjustable at a rate of 2.00% of Gross Receipts. 25% Minimum Earned Premium Commis ion- 100,110 03/03/95 08:48 U214 61 518u rtuxLuniut rm— W-JVVI �' ��,` � ��' •� � I i I III' � II � � Ms. Dixie Dude page 2 SUbJect to: 1) Satisfactory and completed signed and dated application prior to binding - If a firm order is given without the signed and dated application, Lexington will note the order for five working days only. If the application is not provided within the five working days, then no cover will be afforded and no extension will be available, 2) Financials, if available 3) Premium Warranty THE ABOVE QUOTE CONTEMPLATES AIG'S FORMS AND ENDORSEMENTS. In addition to the above mentioned exclusions, the policy contains other standard exclusions. Specimen policies are available for your review upon request. Terms herein are summarized for use by a licensed broker and should not be submitted in this format to the applicant. THIS QUOTE IS OFFERED ON THE ABOVE BASIS ONLY AND MAY NOT PROVIDE ALL OF THE TERMS AND COVERAGES REQUESTED IN THE APPLICATION. PLEASE REVIEW THIS QUOTATION CAREFULLY, This quotation is valid for 30 days or until policy expiration, whichever occurs first. If you have any questions, please let me know. Since P D vi oe�e! • F her f, VIKIIL INSURANCE Way ®[rI� jj �l �1 1 V 1 REINSURANCE V V V.Y�1(./Jj� V V �+.Y. IB JL�Agr1L�LAJI 11 111 S.. ENco TELEX: 67259 ASSURANCE LSA 7530 VALSHiRE eOULEVAAD, SUITE 140) / LOS ANGELES, CA 90010 / PHONE (213) 380.4VU ? elecopy Pransrrrittal Sheet Name: Ms. Dixie ("ode Conipany: Brown Agency From: ,Paul Fuller Re: Date: 311419S �P Number of ,Pages Including Cover Sheet: I Hello Dixie! tanks for submitting the above captioned Our markets are interested in quoting the above captioned account; however, iiWaska Nationalloffers reneival terms at rates comparable to expiry, we simply won't be competitive. We will await your advises prior to proceeding. Regards, au uller T00Z 3yj 3QIMQ7awi TOST tic CTZ M Ct:60 so/t'T/CO 0 LAST FRONTIER 4ip% INSURANCE April 5, 1995 The Honorable John J City of Kenai 210 Fidalgo Ave. Kenai, AK 99611 CACHE Williams, Mayor Ref: Property and Casualty Insurance Broker Selection Dear Mayor Williams: �q1 1 ?? Ao % 9 l kke,' J' Lim„-_. Recently we responded to the City of Kenai Request for Proposals - Insurance Broker Services. In good faith, we responded to each section and question; and provided all documentation that was requested. Yesterday, we were advised that a competitor, Brown Agency, was recommended by the insurance committee to the Council. Please accept this letter as our protest of that selection. It appears that the only criteria used was price; certainly not the intent of the RFP as it was presented. There are two key sections to the RFP. The first is found on page 2 - SECTION IV - MINIMUM QUALIFICATIONS. Proposals will be accepted from local brokers with these minimum qualifications.... Last Frontier Insurance Cache is the only firm that was responsive to all six sections. The other key part is SECTION Vill - CONTENTS OF PROPOSALS which is found on pages 4 and 5. The brokers were instructed to address eleven items and enclose certain documentation. The instructions again were clear -"Each proposal must include:" Again, our firm was the only firm that was in complete compliance with that Section. We have enclosed our matrix that was provided to the administration on Monday which addresses each point and topic for each firm. The RFP was extremely specific. The key words were "will" and "must" not discretionary language such as "may" or "can." Again, our firm is the only firm in compliance with the RFP. Each firm was given a draft copy of the RFP and the opportunity to provide input. We offer the City direct access via agent/broker agreements to all of the companies presently on your program; with the exception of one, which will be in place shortly. No other local broker can make that claim. We can also offer the City a team of three insurance professionals who collectively have in excess of 20 years experience in handling the City's insurance program. We have 29 employees in our Kenai and Soldotna offices; 23 of whom are licensed by the State of Alaska. 170 East Corral Street / Soldotna, Alaska 99669 / Fax: (907) 262-6373 / (907) 262-4425 10543 Kenai Spur Highway / Kenai, Alaska 99611 / Fax: (907) 283-5284 / (907) 283-7591 page two The fee of the lowest bidder is extremely inaccurate and misleading. Since that firm does not have any company agency appointments with any of the standard insurers of public entity business such as CIGNA, Alaska National, or Industrial Indemnity, they must rely on a string of wholesale brokers to be able to place business. This arrangement can be detrimental to insureds as the likelihood of an error, misunderstanding, or miscommunication increases each time a third party is involved. More importantly to an insured on a brokerage fee arrangement is the fact that each office takes commission for its service; leaving little to be netted off the policy and returned to the insured. In the unlikely event that the Brown Agency was able to place the majority of the City policies with CIGNA via Gladfelter and K&K Insurance Brokers that commission could be as low as 3 to 5% depending on the policy. If we had the coverage in CIGNA on a direct basis it would most likely be lower than the Brown Agency net amount plus their fee. It is for reasons such as these that the Kenai Peninsula Borough and School District several years ago requested policies include commission and did away with broker fees. The compensation listed for Last Frontier Insurance Cache of $36,133 is misleading as it is the estimated commission on the expiring policies. We indicated to the City that our best guess for the next twelve months using the companies we feel will be the most competitive on your program is in the range of $25,000 to $28,000. We also indicated that our accounting records would be open to review by the City at any time. We also included in our proposal the right of termination be amended from the anniversary date of July 1 st to any time the City becomes dissatisfied. No other broker was willing to do this. Mayor Williams, we again request that since our firm is the only firm in compliance with your RFP, the property and casualty section be awarded to us. We have enclosed a more detailed response we delivered to Tom Manninen for your review. It includes our analysis of all bids received by the City and why each of the other bidders was non- responsive. Please ask yourself two questions. Did the RFP outline specific minimum qualifications and proposal requirements? Was Last Frontier Insurance Cache the only responsive bidder? Your answers to these questions should assist you in making your decision at tonight's Council meeting. Thank you for your consideration. Sincerely, Ste egor Kurt Olson Colleen Denbrock 0 LAST FRONTIER 4;0% INSURANCE CACHE April 3, 1995 Mr. Thomas J. Manninen, City Manager City of Kenai 210 Fidalgo Ave., Suite 200 Kenai, AK 99611-3014 Ref: Insurance Broker Proposals Dear Mr. Manninen: Please accept this letter as our protest of the recommendation that the Brown Agency be awarded the property and casualty section of the City's insurance program. We have enclosed a copy of our matrix, which follows the specific items addressed in your RFP. If this selection followed the criteria the City uses to award construction projects, we would have been the only firm found to be responsive. The Brown Agency bid was either non -responsive or not in compliance with your minimums on at least six occasions. However, several of their deficiencies have a direct impact on their ability to service the City of Kenai's property and casualty program: RFP page 2 Section IV: Minimum Qualifications Proposals will be accepted from local brokers with these minimum qualifications: (C.) Experience with municipal accounts (property and casually onto Brown's response, on page 9 (K.) is "Brown Agency currently has no municipal business in place." It is our understanding that they have never had any municipal business in place. (E.) Experience in providing services similar to those outlined in this RFP. Brown's response, also on page 9 (K.) "However: we do business with a number of Not For Profit service organizations who have insurance needs somewhat similar to a municipality." We humbly disagree; non profits typically do not have airports, police departments, EMT's, public officials, and general liability exposures such as inverse condemnation. A more proper example of similar accounts would have been Borough, State, or service area accounts. (F.) Access to sufficient markets to obtain a variety of quotes for coverages from A -rated companies. 170 East Corral Street / Soldotna, Alaska 99669 / Fax: (907) 262- 373 / (907) 262-4425 10543 Kenai Spur Highway / Kenai, Alaska 99611 / Fax: (907) 283-5284 J (907) 283-7591 page two Brown's response, beginning on page 3, is notable for several significant deficiencies: "As for companies to solicit quotes - we are aware of no companies doing business in Alaska that would decline to quote for the Brown Agency - if not direct, through a co - broker arrangement which we will arrange should it become necessary." We have enclosed letters from several companies doing business in Alaska but not with the Brown Agency. Alaska National is presently on a good portion of the City of Kenai's account and Worldwide Facilities is listed approximately 40 times in the Brown response. Our firm is the only firm on the Peninsula with brokerage agreements in place with both Worldwide and Alaska National. We have one of two local CIGNA appointments. Our proposal contained a list of companies writing public entity business in Alaska; not a list pulled out of the phone book or out of trade publications. The Brown Agency does not have an appointment with CIGNA. The CIGNA/Gladfelter- K&K entity listed in their proposal apparently is K&K, a managing general agent who can access Gladfelter Agency who writes volunteer fire departments in most states. However, the only access to the CIGNA municipal pool being developed for the upcoming FY is via a CIGNA agency appointment; which we have. At least 10-12 % of commission on the City policies would remain with Gladfelter and K&K. Only Brown's commission would be netted off. If Brown were to utilize CIGNA, the commission remaining with Gladfelter and K&K and the Brown agency fee would exceed our CIGNA policy including commission. It is evident that the Brown Agency is contemplating a co -broker arrangement. However, the name or names of the other firms was not provided to the City. It may be in the best interest of the City of Kenai to determine which companies on the Brown Agency list actually do business with that firm and write public entity business in Alaska. That list will be extremely short. To the best of our knowledge, none of the insurers Brown Agency has an appointment with are writing public entity business in Alaska. The Division of Insurance has several statutes to protect the insurance buying public from misrepresentation. While the lack of experience and lack of markets should be enough to disqualify the Brown Agency, the question of fee disparity is still there. Insurance is like any other professional service; you get what you pay for. You may not notice it until you have a significant claim; need assistance on negotiating with the insurer over claims reserves, or have a unique exposure that needs to be covered. We stand upon our past service to the City; individually, and our firm. Would you go to a chiropractor with a serious heart problem just because his fee was less than an internist? page three Fees do not present the true picture on your type of account. A perfect example is the CIGNA/Gladfelter/K&K arrangement Brown Agency wants to use to access CIGNA. As previously stated, it will not access the correct program. However, if it did the commission to Brown would probably be at most 5%. If the package and compensation totaled $280,000 the commission would be $14,000. The net price to the City would be $266,000 plus the fee. To compare fee vs. commission you must know the commission amount prior to making an accurate evaluation. That was not the case this time. The total would be higher with Brown than with Last Frontier. The other submissions were also non -responsive; for reasons outlined on the enclosure. responses. It would be pointless to evaluate them at this time. Your RFP was specific. Proposals would be accepted if the minimum qualifications found on Page 2 - Section IV were met and the proposal included all contents found on Pages 4 and 5 - Section VIII. Our firm provided the only response that met all the minimum qualifications and had the contents outlined in your RFP. Since we were the only firm in compliance, the question of fee versus commission becomes moot. We would appreciate the opportunity to sit down and discuss this with you tomorrow. We will work with you any way we can on straightening this out. It is not our intent to have a repeat of the council meeting last June. Sincerely, Steve Gregor enclosures Firm Brady Brown LFIC Near Walters Minimum Qualifications A. Licensed 5 years YES NO(7) YES YES YES B. Local office JV/YES YES YES YES YES C. Municipal experience YES NO(8) YES NO(13) YES D. E & 0 - $1,000,000 NO(1) YES YES YES YES E. Similiar experience YES NO(9) YES NO(14) YES F. Market access JV/YES NO(10) YES YES YES Compensation Commission NO NO YES YES NO Fee YES YES NO NO YES If fee -is contingency income included NO(2) YES N/A N/A NO(15) Content of Proposals A. Name, address, etc. YES YES YES YES YES B. Owners/Shareholders NO(3) YES YES YES YES C. Principals YES YES YES YES YES D. Account Executive YES YES YES YES YES E. Co. access list YES NO(11) YES YES NO(16) F. Company terminations YES YES YES ? YES G. Evaluation/comments YES YES YES N/A YES Statement of Compliance 1. Local Broker JV/YES YES YES YES YES 2. Licensing YES YES YES YES YES 3. Experience JV/YES NO(12) YES YES NO(17) 4. E&O coverage/cert. NO(4) YES YES YES YES 5. Compensation NO(5) YES YES YES NO(18) I. Annual Premium YES YES YES YES YES J. Financial Report Y/E94 NO(6) I YES YES ? NO(19) BRADY/INSURANCE CONNECTION (1) Non -responsive. No Errors & Omission coverage for either firm was enclosed with their response. (2) Contingency income specifically excluded from fee. (3) Non -responsive. Ownership of both firms not enclosed with response. (4) Non-compliance. Certificate not included for either firm. (5) Non compliance with Section VII (E). (6) Non compliance. Financial report for corporate year ending in 1994 not included for either firm. BROWN AGENCY (7) Firm has not been licensed for property and casualty for five years. (8) Firm has no municipal property and casualty experience. (9) Firm has no similar experience. (10) Firm has virtually no access to public entity markets. Firm cannot access directly or indirectly the two major admitted markets - Alaska National and CIGNA, nor the major MGA on Alaska municipal business - Worldwide Facilities. See Appendix A. (11) See (10) above. (12) Only one member of firm has any related experience; as a CSR not as a producer. NEAR (13) N/A (14) N/A WALTERS & ASSOCIATES (15) Non -responsive. Does not address contingency income. (16) Non -responsive. RFP specifically requested a detailed list of companies for each line of insurance; not a composite list of national public entity underwriters. (17) Non -responsive. Individual broker does not have public entity experience. Only other licensee in the firm has been removed from the City of Kenai account. (18) Non -responsive. Does not address continent income. Additionally, in a letter dated February 1, 1995 to the City, the broker indicated that if the City was on a "fee" basis, the companies would provide the same quote as if it was on commission. (19) Non -responsive. RFP requested a year-end statement for the corporate year ending in 1994. Firm included an "in-house" computer printout for the period 4/1 /94 to 2128/95. INEURANCE r3630 RCINf.URANCtTELEX: 67260 ASSURANCE LSA WILSHIRE BOULEVARD. SUITE IA00 / LOS ANGELES. CA 30010 / PHONE (213) 380.4070 March 23, 1995 Mr. Kurt Olson Last Frontier Insurance Cache 170 East Coral Street Soldotna, Alaska 99669 Re: Kenai Peninsula Borough, City of Kenai, City of Soldotna Dear Kurt: Further to our telephone conversation of March 21, it has been my understanding that Worldwide Facilities would be assisting Last Frontier Insurance Cache with the renewals of the above captioned accounts. Regretfully, there appears to be a misunderstanding regarding our affiliation which I presume is the result of conversations we have had with two other Alaskan agencies. The nature and extent of these conversations were to convey an explanation of our public entity expertise as well as provide an overview of the carriers we represent. Our intent was not to enter into any relationships with regards to these accounts. As you know, our appointment base on the Central Peninsula is currently limited to Last Frontier Insurance and your former firm, Waiters & Associates. Worldwide Facilities looks forward to the opportunity of assisting your agency with the insurance needs of the City of Kenai, City of Soldotna, and the Kenai Peninsula Borough. If you or any one of your clients would like further clarification of our position, please do not hesitate to contact me. Sincerely, WORLDWIDE FACILITIES, INC. oe-,a Davis D. Moore President DOM/pf T00(p] 'ova 3QIdMMA 08TS Pse Ma TC:ST se/CZ/Co 19072626373 ****************************************************************************** INDEPENDENT INSURANCE WHOLESALERS, INC. F A C S I M I L E 722 S.W. 2ad AVENUE, SUITE 340 T R A N S M I S S I O N PORTLAND, OREGON 97204 VOICE #:503-224-1956 - FAX #:503-224-3010 ------------------------------------------------------------------------ TO : LAST FRONTIER/INSURANCE CACHE ATTN: KURT OLSON FROM: BOB STAHL PAGE 1 OF 1 DATE: 04/04/95 ------------------------------------------------------------------------ RE : BROWN AGENCY ------------------------------------------------------------------------ KURT--- PLEASE NOTE PER OUR DISCUSSION WE DO NOT HAVE A BUSINESS RELATIONSHIP WITH DOUG BROWN OR THE BROWN AGENCY. WE HAVE NOT CONDUCTED ANY BUSINESS NOR WILL WE CONDUCT BUSINESS WITH THIS FIRM. AS YOU ARE AWARE, WE PROVIDED COVERAGE FOR THE CITY AND THE BOROUGH AT VARIOUS TIMES OVER THE PAST 15 YEARS. WE WILL ONLY DEAL WITH QUALIFIED BROKERS IN REGARD TO THIS BUSINESS. REGARDS, ROBERT K. STAHL PRESIDENT MEMORANDUM TO: Mayor Williams and City Council THROUGH: Tom Manninen, City Manager FROM: Keith Kornelis, Public Works Director a DATE: March 30, 1995 SUBJECT: Lots 13 & 14 CIIAP Site Assessment Geo Engineers Contract Time Extension FOR: City Council meeting of April 5, 1995 Based on the attached letter from Geo Engineers, the Public Works Department recommends: The City of Kenai extend the due date of the final report from Geo Engineers until October 20. 1995 on the environmental study of lots 13 & 14, CIIAP. KK/kw cc: Rachel Clark, Engineering Tech. 03/29/95 17:07 '0907 561 5123 GEO ENGINEERS Q 002/00Z GeokEnoiem ` NCR 1995 PnDiio Urh Dept. City of Kenai Public Works Department 210 Fidalgo Avenue, Suite #200 Kenai, Alaska 99611 Attention: Ms. Rachel Clark 5/� /%I S 660 March 29, 1995 ..wit, WORKS DEPT. —aCity Engr. —Q Wtt d .,..r. r] P/W Sec. —Q Streets 3,dg. Insp.—[] Shop _ 7— — ] STP Project Schedule Cook Inlet Industrial Air Park Kenai, Alaska File No. 3790-002-A 18 Geotechnical, Geoenvironmental and Geologic Services This letter is a request to modify the duration of the contract between the City of Kenai and GeoEngineers authorized by City Council Resolution 94-65. As outlined in the city's letter dated December 21, 1994 completion of the site assessment and report are due on April 3, 1995. The Phase 1 Environmental Site Assessment is complete and a final report will be issued by April 5, 1995. However, the field work for this project has not been initiated due to ADEC's final approval of the work plan for the field investigation. ADEC has indicated that the work plan will not be approved until they have had the opportunity to review the Phase 1 report. Additionally, final approval of the work plan is contingent upon Glacier Environmental's work plan for treatment and final disposition of soil from the Kenai Courthouse soil treatment project. We understand that Glacier may not demobilize from the site until September 1, 1995. Therefore, sampling and completion of the final report may not be possible until mid -October without incurring a substantial surcharge for "rush" analytical results. Our tentative schedule is to initiate sampling activities within 1 week following demobilization of Glacier's equipment. However, to account for late demobilization of the contractor, we request that the city extend the due date of the final report to October 20, 1995. Gedngwas,Inc. 907 R DowUag Rout, SUitc 21 Anrhwip,AK 99518 Telephone (907) 561.3478 Fax (907) 561-5123 • RiR1rd: on rsyeied9�p}rl• . _ _ ` . - a - • .. - l _ , . 03/29/95 17:08 V907 561 5123 GEO ENGINEERS Q 003/003 City of Kenai March 29, 1995 Page 2 4 O Please contact me at (907) 561-3478 if you have questions or comments regarding this request. Yours very truly, GeoEngineers, Inc. &-" 0&�� Scott E. Widness, P.E. Principal SSW: Document ID: 3790002L.F.XT G e o E n g i n e r s Pile No. 3790-002-A18 03/29/95 17:07 22907 561 5123 GEO ENGINEERS 20011003 dft 907 E. Dowling Road, Suite 21 GeoqpEngineers Anchorage, Alaska 99518 FAX TRANSMITTAL Telephone: (907) 561-3478 Fax: (907) 561-5123 To: City of Kenai 210 Fiidago Street Kenai, AK 99611-7794 Fax Number: (907) 283-3014 Attention: Ms. Rachel Clark Regarding: Lots 13 and 14 Cook Inlet Industrial Air Park Date: March 29, 1995 File: 3790-002-A 18 Pages Date Description 1 02 03/29/95 03/29/95 Fax Transmittal Letter requesting schedule change. Total Pages: 3 Commenu: Signed:b3a�-� Scott Widnes � - a MEMORANDUM TO: Mayor Williams and City Council THROUGH: Tom Manninen, City Manager lv iw FROM: Keith Kornelis, Public Works Directoc? DATE: March 30, 1995 SUBJECT: Mike T. - Extra Work - Street Lighting, Sidewalks & Surveying REF: Mission Street Improvements FOR: Council meeting of April 5, 1995 Mike Tauriainen's design budget has been exhausted. This simple project has turned into a complicated federal project which has increased the engineering cost and time. There have been discussions about including decorative light fixtures and continuous lighting on Mission Street and Overland Street from Mission to the Kenai Bicentennial & Visitors Center, plus adding a sidewalk. Attached is Mike Tauriainen's estimate for design cost for this additional work. I asked for a detailed cost breakdown because if Council wants to proceed with this I want to start with the survey only. After the survey, we need to proceed with the land acquisition and dedication to Public ROW before spending design money. If Council wants to proceed, we will need a transfer of funds resolution to increase Mike Tauriainen's design contract. I would recommend transferring the full $12,850 from construction to design, with the understanding that the survey be done first and ROW established before continuing on with design. The plan is to use federal ISTEA funds for construction. KK/kw INC. Mike March 20, 1995 Keith Kornelis 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 E. /�� Per your request, the following is a more detailed breakdown of our February 6, 1995 proposal. MISSION STREET Survey new X-sections along revised centerline $ 825 Electrical Design: On site meeting 990 Design Development Submittal 1265 Construction Document Submittal 1925 On site presentation at meeting 990 Civil Design: Coordination of Additional Work 505 $6500 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 rights -of -way for take analysis. $1450 Electrical Design: Design Development Submittal 1450 Constructio^ Submittal 2150 Civil Design: Coordination & Sidewalk Design 1300 $6350 Please call if you have further questions. Sincerely, Henry Kp#pstec Proi aineer AttacPiment: February 6, 1995 Proposal 35186 SPUR HWY SOLDOTNA, AK 99669 (9071 262-4624 FAX 262-5777 CONSULTING ENGINEERS, INC. Mike February 6, 1995 Keith Komelis Public Works Director City of Kenai 210 Fidalgo Ave., Suite 200 Kenai, AK 99611-7794 Subject: Mission Street Proposal for Extra Work Decorative Street Lighting, Sidwalks and Survey Keith: 7PeEe Per your request we have prepared an estimate for the additional work required for the design and associated survey required for the decorative lighting on Mission Street and Overland Street from Mission Street to the Kenai Bicentennial Visiter's Center. Our proposed consultants are Bruce H. Mattson, P.E./Electrical Consultant and Whitford Surveying. The following is our estimate for the additional services: Mission Street Overland Street $6,500 6,350 The estimates will provide plan sheets showing existing right-of-ways (ROW), utility locates, driveways, curbs, homes, buildings, new sidewalks, proposed lighting locations, new power service and control cabinets, plus misc. electrical details. The electrical consultant indicated that their estimate includes providing a separately - metered, single-phase service for each of the project segments to allow the construction to be phased if desired. We have assumed for estimating purposes, the final Mission Street alignment will be very similar to the existing gravel route. We will identify ROW for takes, however, we have not included time for negotiations of takes or subdivision approval. We recommend performing the survey before beginning the electrical design so that we can evaluate the available ROW and any unforeseen conflicts. Please call if you have questions. 35186 SPUR HVVY SOLDOTNA, AK 99669 (9071 262-4624 FAX 262-5777 clan UNITED COOK INLET DRIFT ASSOCIATION P.O. Box 389 • Kenai, Alaska 99611 - 0389 (907) 283-3600 • FAX (907) 283-3306 March 27, 1995 Mayor John Williams Kenai City Hall 210 Fidalgo Kenai, AK 99611 Dear Mayor Williams, Thank you for the use of videotape footage from the City of Kenai's video production. We will be using it in an informational video about the Upper Cook Inlet commercial salmon fishery. Our video will be distributed to Visitor's Centers, visitor accommodations and libraries. We will credit the contribution to "The City of Kenai". If you would prefer a different designation, please let me know. Sincerely, r, A-z Theo Matthews, Executive Director MAR-30-95 THU 11:49 KENAI PENINSULA LIO FAX N0, 907 262 1881 HOUSE BILL NO. 271 IN THE LEGISLATURE OF THE STATE OF ALASKA NINETEENTH LEGISLATURE - FIRST SESSION BY REPRESENTATIVE NAVARRE Introduced: 3/2Zl95 Referred: Community and Regional Affairs, Labor and Commerce, Finance A BILL FOR AN ACT ENTITLED 1 "An Act relating to multiple -beneficiary charitable gaming." 2 BE 1T ENACtED BY THE LEGISLATURE OF THE STATE OF ALASKA: 3 * Section 1. AS 05.15.124 is amended to read. 4 Sec. 05.15.124. MUNICIPAL REGULATION OF OPERATORS= [OR] S VENDORS. -AND MULTI E-BFNEFICiARY CHARITABLE GAMING. A b municipality may by ordinance prohibit activities under this chanter from being_ 7 conducted within the municipality 8 (1) bv_ an operator or a vendor K 9 W under a tpultiole•beneficiary . [FROM CONDUCTING 10 ACTIVITIES UNDER THIS CHAPTER WITHIN THE MUNICIPALITY]. HB0271a 4- HB 271 NF'W Tr-xr Crndrrlined [DEL-CMD TEXT BRACAL• rED] MAR-30-95 THU 11:49 KENAI PENINSULA LIO FAX N0, 907 262 1881 P, 01 BILL: HS 271 SHORT TITLE: MULTI -BENEFICIARY GAMING PERMITS BILL VERSION_ SPONSOR(S); REPRESENTATIVES) NAVARRE CURRENT STATUS: (H) CRA STATUS DATE: 03/22/9S THEN L&C, FIN TITLE: -An Act relating tO multiple -beneficiary charitable gaming. If 03/22/95 852 (x) READ THE FIRST TIME - REFERRAL(S) 03/22/95 852 (H) CRA► LABOR L COMMERCE, FINANCE CITY OF KU It Gd * 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 broyl *AWbQty ,'IIII 1992 MEMORANDUM TO: Cary Graves, City Attorney FROM: # Sheryl Paulsen, Legal Secretary 11 DATE: March 29, 1995 RE: Gaming Information As you requested, I called several city clerks around the state and asked about procedures for handling permits for Games of Chance and Skill. Following is what I learned. Sitka No city ordinance. Permits are approved by the Assembly. Cordova No city ordinance. The Council approves the permits. If the permit is for pull - tabs, a city business license is required. Wrangell No city ordinance. Permits are approved by Council. Wasilla No city ordinance. Permits are approved by Mayor. Valdez No city ordinance. Permits are approved by Council. Fairbanks No city ordinance. New permits go before Council for approval; renewals are automatically approved by the City Clerk. Kodiak City ordinance in place since 1989 (see attached). Non -profits must handle games directly; third parties prohibited. City sales tax is charged on monies collected. Council has tried to disallow some permits but has been over -ridden by the State. Juneau City ordinance (see attached). Permits are approved by City Clerk, except Monte Carlo permits which must be approved by the Clerk and the police department. Let me know if you need further information. /sp 03-2e-1995 09:00AM FROM CITY OF KODIAK Post -It'" brand fax transmittal memo 7611 I # m Pam' TO 919072933014 P.01 From Co- 1 te,� pep Phone # 4--b 4; 6SI6 Fa # Section 8.52.010 8.52.020 8.52.030 8.52.040 8.52.050 8.52.060 8.52.070 8.52.080 8.52.090 8.52.100 8.52.110 'HAPTER 8.52 GAMBLING PROMITED Gambling prohibited Frequenting gambling premises Possession of gambling apparatus or material Permitting premises to be used for gambling Permitting gambling Gaming operators prohibited Individual in charge Premises Reports and records Sales tax Forfeiture 8.52.010--8.52.040 �r1t y Fi. i 8.52.010 Gambling prohibited. Gambling is prohibited within the city limits of Kodiak with the exception of activities for which a permit 0 issued under the provisions of AS 05.15. (Ord. 695 §19, 1983: CCK §§7.4.7(1)) 8.52.020 Frequenting gambling premises. No person shall attend or frequent, or invite another to attend or frequent, any place where gambling is permitted or any place operated or occupied as a common gambling house or room. (CCK §§7.4.7(2)) 8.52.030 Possession of gambling apparatus or material. No person shall have in the person's possession any policy or pool tickets; any slips or checks or memoranda of any combination or bet; any policy or pool books or sheets; for any policy wheel, implement, apparatus, or material of any form of gambling or lottery. (CCK §§7.4.7(3)) &52.040 Permitting premises to be used for gambling. No person shall maintain a gambling or lottery room, policy wheel, gaming table of any game of skill or chance, or partly of skill and partly of chance, used for gaming or permit the same on any i For statutory provisions regarding gambling, see AS 11.66.200--11.66.280. For statutory provisions regarding games of chance, see AS 05.15.010--05.15.210. 8-20 (Kodiak 12/92) 03-28-1995 09:01AM FROM CITY OF KODIAK TO 919072833014 P.02 i 8.52.05".52.080 premises occupied or controlled by the person. (CCK $7.4.7(4)) 8.52.050 Permitting gambling. No person shall permit gambling of any nature on any premises occupied or controlled by that person. (CCK $7.4.7(5)) 8.52.060 Gaming operators prohibited. No gambling or gaming activities otherwise permitted under AS 05.15 may be conducted within the city of Kodiak unless specif�.i- cally authorized under a permit issued pursuant to AS 05.15.100(a) or (b) and conducted directly by the permittee. No "operator," as that term is defined in AS 05.15.210(24), may conduct any gambling or gaming activities on behalf of a permittee. (Ord. 859 §1, 1989) (Revisor's Note: AS 05.15.210(24) is now AS 05.15.210(25).) 8.52.070 Individual in charge. (a) No gambling or gaming activity otherwise authorized under AS 05.15 shall be considered to be conducted directly by the permittee unless, with respect to the location or premises upon which the activity is conducted, the permittee has designated an individual who is present and actually in charge of the gambling or gaming activity at all times during which it is conducted or open to be conducted. No person who has been convicted of, in prison for, or on parole for a felony within the preceding five years or convicted of a crime involving theft or dishonesty or a violation of a municipal, state, or federal gambling law may be designated as an individual in charge. (b) The permittee may designate one or more alternate individuals to conduct the authorized activities during the absence of the individual in charge so long as the alternate meets the same qualifications as the individual in charge. (c) The permittee shall designate and identify the individual in charge and the alternates, if any, to the chief of police prior to conducting any gambling or gaming activity and the chief of police shall issue an identification card to each designated individual. The individual in charge or the alternate must have the identification card in his or her immediate possession whenever conducting authorized gambling or gaining activities. The chief of police may establish reasonable e�piration or renewal dates for identification cards and may develop application forms for the same but there shall be no charge for issuance of an identification card. (Ord. 859 §2, 1989) 8.52.080 Premises. (a) No gambling or gaming activities otherwise permitted under AS 05.15 may be conducted within the city of Kodiak unless the permittee has first given written notice to the chief of police specifying the premises upon which the activ- ities will be conducted, the type of activities which will be conducted, and the names of the individual in charge of those activities and all alternates. (b) No permittee may operate or conduct, either directly or indirectly, gambling or 8-21 (Kodiak 03/93) 03-28-1995 09:01AM FROM CITY OF KODIAK TO 919072833014 P.03 8.52.090--8.52.110 gaming activities otherwise permitted under AS 05.15 upon more than one premises within the city of Kodiak. (c) No permittee may operate or conduct, either directly or indirectly, gambling or gaming activities otherwise permitted under AS 05.15 upon anypremises, within the city of Kodiak if, within the preceding year (1) anyone currently owning any interest in or exercising cont> of over the premises has been convicted of a violation of any municipal, state, or federal gambling law, or (2) a violation of any municipal, state, or federal gambling law has taken place upon the premises, unless it is established that neither the current owner nor the current operator of the premises could in the exercise of reasonable care have prevented the violation. For purposes of this subsection (c), the knowledge or actionsi of any employee or other agent of an owner or operator of premises shall be attributable to that owner or operator. (Ord. 859 0, 1989) 8.52.090 Reports and records. (a) A permittee which operates or conducts autho- rized gambling or gaming activities within the city of Kodiak shall Imaiintain within the city, and produce for inspection and audit upon request by the city, financial or accounting records reflecting, with respect to each authorized gambling or gaming activity the type of activity conducted within the city, the date) and location of the activity, the amount of gross receipts, the amount of authorized ;expenses, the value of prizes awarded, and the amount of net proceeds derived from ;the activity. (b) A permittee which operates or conducts authorized gambling or gaming activities within the city of Kodiak shall submit to the city one copy of each financial or accounting report relating in whole or in part to those activities which is required by any agency of the state of Alaska. Each such report shall be Aled with the city no later than the deadline for filing the report with the state agency. (Ord. 859 §4, 1989) f I 8.52.100 Sales tag. All compensation received by any person as a result of a contract with a permittee organization and relating to the location or operation of authorized gambling or gaming activities within the city of Kodiak shall be siubject to a sales tax as provided by section 3.08.010(b) regardless of whether designated as rent, commission, wages or otherwise and in no event shall the provisions of section 3.08.120 be construed so as to apply to or reduce the tax imposed upon ,such compensation. (Ord. 859 §5, 1989) 8.52.110 Forfeiture. If used in violation of this chapter, the following property shall be subject to seizure and forfeiture: (a) a gambling device or gambling record, as defined in AS 11.66.280; and (b) money used as a bet or stake in an activity prohibited by this chapter. (Ord. 859 §6, 1989) 8-22 (Kodiak 12/92) TOTAL P.03 MAR-29-95 WED 9:10 CBJ LAW DEPT FAX NO. 9075861147 P.02 ACTION ON STATE PERMITS AND LICENSES Chapter 01.65 ACTION ON STATE PERMITS AND LICENSES Sections: 01.65.010 Games of skill and chance. 01.65.020 Liquor licenses. 01.65.010 GAMES OF SKILL AND CHANCE. (a) Upon notification of the fling of an application for a permit for games of skill and chance or any similar permit. the manager or his designee shall notify the appropriate state agency that the city and borough approves the permit. does not protest the permit. or waives its right to protest. as appropriate. unless he determines that the applicant is not qualified under state law or that some other basis for protest exists. (b) If the manager or his designee determines that there is a basis for protest, he shall immediately refer the matter, in proper form, to the assembly for action. (Serial No. 81-11 § 2 (part). 1981). 01.65.020 LIQUOR LICENSES. Upon notification of the application for issuance, renewal or transfer of a liquor license or permit issued under Title 4 of the Alaska Statutes. the manager or his designee shall refer the matter to the assemblv for consider- ation under the provisions of Chapter 20.25 of this code. (Serial No. 85-54 § 2, 1985). `'�._ 106-2 (Juneau (2-95) CITY OF KE It Gd� 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 kyowyl �rr.ean 1III'1 MEMORANDUM TO: Kenai City Council FROM: Charles A. Brown, Finance Director DATE: March 30, 1995 SUBJECT: Quarterly Investment Report; First Quarter, 1995 During the first quarter of 1995, the following securities were purchased by the City of Kenai: Date Tyne Annual Cost Days Rate 01-18-95 T-Bill $ 500,225.58 358 7.09% 01-18-95 AML Pool 500,000.00 - 5.61 01-27-95 AML Pool 150,640.06 - 5.45 02-01-95 AML Pool 250,000.00 - 5.58 02-22-95 AML Pool 595,666.45 - 5.86 03-31-95 FHLMC Note 2,845,600.00 656 6.80 Exhibit II shows interest rate trends. Very short-term securities, say three-month treasury bills, were pretty flat all quarter. But, the yield on one-year treasury bills actually dropped from about 7.33% to 6.47%, a drop of 86 basis points. Five-year treasuries showed a similar 85 basis point decline. This downward yield trend during the quarter is exactly the opposite of what I predicted three months ago. Then, I said I expected short-term rates to increase 50 basis points during the first quarter. I hope nobody is keeping score. My erroneous prediction, however, had no effect on the City's actual yield; there was only one major purchase during the quarter, made on the last day of the quarter. It's hard to see a clear trend for the next quarter. My best guess is that there won't be significant movements one way or the other. Kenai City Council March 30, 1995 Page Two Exhibit I shows the current status of the City's portfolio. The average annual yield of the current portfolio is 5.37% on $30,185,878 invested. At the end of last quarter, the City's average annual yield was 5.03% on $30,449,903 invested. As I do each quarter, I will compare the City's return on investment with specific benchmarks: Average City yield, 3-31-95 12-week average yield, 3-mo. 12-weel average yield, 12-mo. 12-week average yield, 5-year State investment Pools, 7-day ending February 24, 1995: Colorado Pennsylvania Massachusetts 5.37% T-Bills 5.91 T-Bills 6.86 Treasuries 7.42 yields 5.67 5.78 5.89 As expected, the City's rate is still lagging behind current market rates. That is because market rates moved up sharply during most of 1994, but our portfolio has turned over very little. So, after beating market averages for years, we'll lag behind until some of the older securities mature. The good news is that about $11,000,000 (one-third of the portfolio) will mature in July, 1995. As those lower yielding securities are reinvested, our average rate will increase. Based upon the recent drop in rates, I no longer feel comfortable with the projected (see last quarter's report) 7.5% reinvestment rate of those July maturities. The yield at which these securities are reinvested will significantly impact FY96 average yield. If the reinvestment rate is 6.75%, a more realistic prediction, the average FY96 yield will probably be about 6%. That is the yield used in the draft FY96 budget. That would still generate $285,000 more interest income for the General Fund than the FY95 budget figure. Zx � "6 , Z INVESTMENTS 365 DAY DAYS DAYS WEIGHTED TgDAY'S EFFECT. FROM FROM AT SHARE OF AVE. DATE BANK INVESTED RATE PURCH. DUE PURCH TODAY MATURITY TOTAL RATE 3131/95 TREASURY BILL 2.491.335.10 5.45 812/94 7/27195 359 118 2,625,000.00 8.253% 0.45 3/31/95 TREASURY BILL 3.403,356.68 5.64 7/28194 7/27/95 364 118 3.595,000.00 11.275% 0.64 3/31/95 TREASURY NOTE 4,986,062.50 3.99 8/19/93 7131195 711 122 4,960.000.00 16,518% 0.66 3/31/95 TREASURY NOTE 1,000,959.38 4.24 12/14/93 11/30/95 716 244 1,000,000.00 3.316% 0.14 3/31/95 TREASURY BILL 500,225.58 7.09 1118/95 1111/96 358 286 535,000.00 1.657% 0.1.2 3131/95 T.V.A. NOTE 3,261,670.00 4.16 1/31/94 1/11/96 710 286 3,250,000.00 10.805% 0.45 3/31/95 TREASURY NOTE 1,003,137.11 4.14 1/28/94 1/31/96 733 306 1,005,000.00 3.323% 0.14 3/31/95 TREASURY NOTE 2,797,256.25 5.24 4/4I94 3/31/96 727 366 2,800,000.00 9.267% 0.49 3/31/95 TREASURY NOTE 1,994,943.75 6.10 6/1/94 5131196 730 427 2,000,000.00 6.609% 0.40 3/31/95 TREASURY NOTE 2,259.680.47 6.09 8/2194 7131/96 729 488 2,255,000.00 7.486% 0.46 3/31/95 TREASURY NOTE 1,502,795.31 6.23 911/94 8/31/96 730 519 1,500.000.00 4.978% 0.31 3/31/95 F.H.L.B. NOTE 996,861.72 7.78 12/12/94 11/1.8/96 707 598 1,050,000.00 3.302% 0.26 3/31/95 F.H.L.M.C. NOTE 2,845,600.00 6.80 3/31/95 1/15/97 656 656 2,800,000.00 9.427% 0.64 3/31/95 AML POOL 1,141,993.91 5.91 N/A 3.783% 0.22 TOTAL 30,185,877.76 29.375.000.00 100.000% 5.37 AVERAGE 2,156,134.13 633 349 Selected htrttsest Races Percent Averages of Daily Figures Percent 1.0 3.1 1.0 7.0 6.1 5.1 Co 3.0 1.1 I � i I S-Year Tram" Securities, i i .09 / � 3-Yorft I - 1 T__y 11 Flrw. Rafe j Dl eetrk Rate 1 j I 1.0 5.0 4.0 3.0 2.0 1 11 4 to 4 11 I IS 11 10 17 II 14 1 U S 111 16 9 14 11 11 iS 1 21 6 11 0 111 1711 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Afar 1994 1995 Latest data plotted am averages of rates avoidable for the reek ending: March 24, 1995 3-Month -Year 5-Year 10-Year I Long -Term Federal Treasury Treasury Treasury Treasury Treasury 1994 Funds •• Bill Bill Securities Securities Securities Jan 6 5.40 S.67 6.74 7.85 7.86 7.92 t 3 5.53 5.66 6.66 7.80 7.80 7.95 20 5.45 5.70 6.58 7.73 7.74 7.90 27 5.42 5.77 6.50 7.74 7.70 7.93 Fab 3 5.1 1.112 6.43 7.54 7.62 7.73 10 5.95 3.72 6.37 7.47 7.Sa 7.72 17 5.93 5.75 6.29 7.40 7.48 7.67 24 1 5.94'�, 5.72 6.15 7.23 7.3a 7.61 Mar 3 5.86 5.74 6.07 7.10 7.27 7.53 10 5.93 5.76 6.14 7.18 7.35 7.61 17 5.24 5.75 6.00 6.95 7.11 7.40 24 • I 5.97 5.77 5.99 7.01 7.16 7.47 Current data oopeor in the Federal Reserve B"d'9 M. 115 re' excluding long-term Treasury securities which are computed by this bank. Tredsury bill yields am on a discount bass. • Averages of rotes available •• Seven-day evereges for week ending two days ear osr than date shots iP_4.d by Fedsrd Reserve Bank of St Louis of l� L✓eek eve, �Y/d., 5' 9/ 36T dsy 69.r.; 03/30/95 15:34 C T & E *KENAI, ALASKA, USA* 907 283 3014 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: We are in receipt of a copy of a letter from Mr. James 6. 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 Since rda I 6 ?nanO McKay, Owners Avatar Enterprises, dba Affordable Towing RECEIVED James B. Olson J & N Enterprises 2242 S.W. Salmon # 2 Redmond, OR 97756 (503) 923-1151 City of Kenai 210 Fidalgo Kenai, AK 99611 To whom it may concern: MAR 129':� CITY ADMIN. OF KEP' March 20, 1995 I, James B. Olson, recently sold my business, J & N Enterprises dba Affordable Towing and Recovery, to Brian and Melody McKay. 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 Melody McKay, would also be willing to fulfill this contract to term , if this is acceptable to the City. Sincerely, rb. � James B Olson 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 PERMIT REQUIREMENTS AND SETTING FORTH CONDITIONAL USE PERMIT APPROVAL CRITERLA 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: Chanter 21.05 Kenai River Overlay District 21.05.010. (KENAI RIVER OVERLAY DISTRICT) 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 94-52phuec; April 3, 1995 Page i 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.RM.), 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 Definitions "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 94-52pinjw, 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 94-52pinxec; 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 waterline of the river and 50 horizontal feet shall be referred to as the bank area. Kenai Peninsula Borough, Alaska Ordinance 94-52 94-52pin.rec; 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'---- 1 --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 REQUMING A CONDITIONAL USE PERAM. 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. commercial 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. DS 13. Setback for septic systems shall be 100 feet from any water body as shown on the site plan, Kenai Peninsula Borough, Alaska Ordinance 94-52 94-52pin.rec; April 3, 1995 Page 8 of 21 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. DS 27. All surface wastewater discharge shall be discharged with a diffuser. Kenai Peninsula Borough, Alaska Ordinance 94-52 94-52pin.rec; April 3, 1995 Page 9 of 21 DS 28. Minimal trail widths shall be allowed as follows: 2' 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. 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 Kenai Peninsula Borough, Alaska Ordinance 94-52 94-52pin.rec; April 3, 1995 Page 10 of 21 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 constriction 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 4/10ths 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. DS 55. Construction activities shall meet or exceed the development standards provided for in the Kenai Peninsula Borough, Alaska Ordinance 94-52 94-52pin.rec; April 3, 1995 Page 11 of 21 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: 1. 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 21 d. physical access e. river mile £ 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 insurance 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 Kenai Peninsula Borough, Alaska Ordinance 94-52 94-52pin.rec; April 3, 1995 Page 13 of 21 S. existing landownership status 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 Kenai Peninsula Borough, Alaska Ordinance 94-52 94-52phLrec; April 3, 1995 Page 14 of 21 issued. 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 parry, 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. Kenai Peninsula Borough, Alaska Ordinance 94-52 94-52pinx=, April 3, 1995 PW 15 of 21 J. No permit will be issued if project parcel or applicant are not current and in compliance with KPB tax requirements. 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 Kenai Peninsula Borough, Alaska _ Ordinance 94-52 94-52phLrec; April 3, 1995 Page 16 of -21 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. 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 Kenai Peninsula Borough, Alaska Ordinance 94-52 94-52phLrec; April 3,1995 Page 17 of 21 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 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 Kenai Peninsula Borough, Alaska Ordinance 94-52 94-52pinsec, April 3, 1995 Page-18 of 21 criteria contained in this Chapter. 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 Kenai Peninsula Borough, Alaska Ordinance 94-52 94-52pin.rec; April 3, 1995 Page 19 of 2I of the Planning Commission must find that fall of the] conditions specified in section C exist. C. A variance may be granted for any of the following reasons: 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. the special conditions and circumstances have not been caused by actions of the applicant; 5. financial hardship or inconvenience shall not be the sole reason for granting a variance; 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; 21.050.110 Appeal of Planning Department decision. A. Any parry 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. Kenai Peninsula Borough, Alaska Ordinance 94-52 94-52pin.r=, April 3,1995 Page 20 of 21 D. The decision of the Assembly shall be final. 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 2I of 21 TONY KNOWLES GOVERNOR STATE OF ALASKA OFFICE OF THE GOVERNOR JUNEAU March 28, 1995 Honorable John Williams Mayor of Kenai 210 Fidalgo Avenue, Suite 200 Kenai, AK 99611 Dear Mayor Williams: r Juneau Fax (907) 465-3532 As we face tighter budgets, state and local leaders need a variety of budget discipline tools. One of these is early retirement. I recently introduced two bills (S13 137 and HB 270) to allow retirement incentive programs (RIP) for employees of state government, municipalities, and school districts. The use of retirement incentives in state government will be tailored to the fiscal and staffing requirements of each department. State departments will only be allowed to participate in the RIP if it helps meet budget or staff objectives and is cost-effective. The RIP would be used in combination with attrition to permanently reduce positions on the state payroll. Under my proposal, municipalities and school districts would also be able to use the RIP as an option for reducing costs. It is important for Alaska's fiscal future to have a RIP available in state government, as well as in municipalities and school districts. I hope we can work together to pass a RIP bill that benefits all. Currently, SB 137 is in the Senate Health, Education and Social Services committee with other referrals to the State Affairs and the Finance committees. HB 270 is in the House State Affairs committee with referrals to the House Labor and Commerce and Finance committees. HB 270 has been scheduled for its first hearing on March 30. Since both bills have three committees of referral, it will take strong grassroots support to get a RIP bill passed this session. If your community wants to have this budget tool, I encourage you to contact your legislators and the chairs of each committee. In addition, it would be a good idea to let House Speaker, Gail Phillips, and Senate President, Drue Pearce, know your thoughts. I am enclosing a copy of the RIP bill and a list of Legislative committee members for reference. Please feel free to contact Jack Kreinheder in our Office of Management and Budget (465-4676) if you have any questions concerning this legislation. Sincer ly, To owles Governor Enclosures ALASKA STATE LEGISLATURE NINETEENTH LEGISLATURE - FIRST SESSION STANDING COMMITTEES HOUSE SEI4ATE COMMITTEE ON COMMITTEES Phillips Chair Vezey, Moses, Hanley, Foster, Kubina, Mackie COMMUNITY & REGIONAL AFFAIRS465-3882 Austerman Co -Chair Ivan Co -Chair Kott, Vezey, Elton, Mackie, Nicholia FINANCE 465-3757 Hanley Co -Chair Foster Co -Chair Mulder, Parnell, Kelly, Therriault, Martin, Kohring, Brown, Grussendort, Navarre HEALTH, ED. & SOCIAL SERVICES 465-3759 Toohey Co -Chair Bunde Co -Chair Vezey, G. Davis, Rokeberg, Brice, Robinson JUDICIARY 465-4990 Porter Chair Green Vice Chair Bunde, Toohey, Vezey, B. Davis, Finkelstein LABOR & COMMERCE 465-4954 Kott Chair Rokeberg Vice Chair Porter, Sanders, Masek, Elton, Kubina RESOURCES 465-3715 Green Co -Chair Williams Co -Chair Ogan Vice Chair Barnes, Kott, Austerman, Davies, MacLean, Nicholia RULES 465-3764 Moses Chair Bunde Vice Chair Williams, Vezey, Phillips, Mackie, MacLean STATE AFFAIRS 465-4963 James Chair Ogan Vice Chair Green, Ivan, Porter, Robinson, Willis TRANSPORTATION 465-4858 G. Davis Chair Masek Vice Chair Williams, James, Sanders, Brice, MacLean COMMITTEE ON COLA"AITTEES Pearce Chair Miller, Halford, Donley, Duncan COMMUNITY & REGIONAL AFFAIRS465-4989 Torgerson Chair Phillips Vice Chair Kelly, Hoffman, Zharoff FINANCE 465-3753 Frank Co -Chair Halford Co -Chair Rieger, Sharp, Phillips, Zharoff, Donley HEALTH, ED. & SOCIAL SERVICES 465-3762 Green Chair Leman Vice Chair Miller, Ellis, Salo JUDICIARY 465-3717 Taylor Chair Green Vice Chair Miller, Ellis, Adams LABOR & COMMERCE 465-3844 Kelly Chair Torgerson Vice Chair Miller, Duncan, Salo RESOURCES 465-4907 Leman Chair Pearce Vice Chair Frank, Halford, Taylor, Lincoln, Hoffman RULES 465-3770 Miller Chair Pearce Vice Chair Sharp, Duncan, Salo STATE AFFAIRS 465-4522 Sharp Chair Phillips Vice Chair Leman, Duncan, Donley TRANSPORTATION 465-4921 Rieger Chair Taylor Vice Chair Green, Lincoln, Adams HOUSE SPECIAL COMMITTEES FISHERIES Austerman Chair Moses Vice Chair Ogan, G. Davis, Elton INTERNATIONAL TRADE AND TOURISM Masek Chair Austerman Vice Chair Porter, Kott, James, Nicholia, Robinson MILITARY AND VETERANS' AFFAIRS Kott Co -Chair Ivan Co -Chair Mulder Vice Chair Foster, Phillips, Davies, Willis HOUSE OIL AND GAS Rokeberg Chair Williams, G. Davis, Ogan, Brice, B. Davis, Finkelstein WORLD TRADE AND STATE/FEDERAL RELATIONS Barnes Chair Phillips Vice Chair Mulder, Williams, G. Davis, Kubina, Mackie ECONOMIC DEVELOPMENT Sanders Chair Moses, Kohring, Rokeberg, Kelly, MacLean, Willis JOINT COMMITTEES ADMINISTRATIVE REGULATION REVIEW SENATE Rokeberg Vice Chair Phillips Chair G. Davis, Davies Rieger, Ellis ETHICS Public Members: Joseph P. Donohue, Ed Granger, Margie MacNeille, Shirley McCoy, Edith Vorderstrasse Toohey, Mackie Pearce, Duncan LEGISLATIVE BUDGET AND AUDIT Martin Chair G. Davis, Kohring, Bunde, Davies Alternate: Hanley Phillips Vice Chair Frank, Halford, Rieger, Adams Alternate: Zharoff LEGISLATIVE COUNCIL James Vice Chair Barnes, Mulder, Porter, Kott, Phillips, B. Davis (Rev. 1 /23/95) Kelly Chair Miller, Pearce, Rieger, Torgerson, Leman, Lincoln TONY KNO%VLES GOVERNOR The Honorable Gail Phillips Speaker of the House Alaska State Legislature State Capitol Juneau, AK 99801-1182 Dear Speaker Phillips: O M y P.O. Box 110001 Juneau, Alaska 99811-0001 (907) 465.3500 Fax (907) 465.3532 STATE OF ALASKA OFFICE OF THE GOVERNOR JUNEAU March 20, 1995 Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting a bill that establishes a temporary retirement incentive program for employees of the state, its subdivisions, and its school districts, and a temporary separation incentive pi-ogr-am for employees of the state. Closing the state's fiscal gap will require major changes in state operations over the next several years. We need to make state government more efficient and eliminate nonessential services. Our challenge is to accomplish these goals without forcing large layoffs of employees, which could ripple through the private sector and endanger the health of Alaska's economy. Retirement and separation incentive plans have been successfully used by the private sector and government to scale back payroll while eliminating or minimizing the need for layoffs. Properly structured, these plans can be a cost-effective and humane method of downsizing. This legislation will make these restructuring tools available to the State of Alaska, and will extend the retirement incentive program as an option for municipalities and school districts, which are also facing the need to restructure their operations and work forces. My Administration will use the retirement and separation incentives in a strategic approach, different from prior programs. The last state retirement incentive program applied to all departments regardless of their budget or personnel situation, and had little effect on downsizing or restructuring government. The Honorable Gail Phillips March 20, 1995 Page 2 Under our approach, the programs will be tailored to the fiscal and staffing requirements of each department. This approach is similar to private sector and federal programs. The incentives will be used in combination with attrition to permanently reduce the number of positions on the state payroll. Departments will be able to participate in the incentive programs only if the programs contribute to their budget and staffing requirements and are cost effective. This bill differs from the previous retirement incentive program (RIP) laws, enacted in 1986 and 1989, in that employers are specifically authorized to extend an incentive plan to employees in certain components (e.g., certain state divisions slated for major reductions), in certain job classifications, or certain geographic locations. In addition, with regard to the state, not all state employees will be eligible to apply during a window period. Instead the commissioner of administration is authorized to establish window periods (of 30 to 60 days) for some departments and not others. This will allow targeting of departments where major reductions are contemplated, and will alleviate the "brain drain" problem that arose when previous incentive programs were implemented. The bill also requires that cost savings be shown for each employee allowed to participate, and that cost savings be calculated over a three-year period rather than a five- year period. This change from previous RIP laws will guarantee that the retirement incentive program produces substantial savings to the state and its local governments and school districts. There are some similarities between this bill and the prior RIP laws. As with those laws, this bill provides that eligible state, municipal, and school district employees in the Public Employees' Retirement System (PERS) and the Teachers' Retirement System (TRS) may obtain three years of retirement credit, to be applied toward reaching normal or early retirement age, reducing the actuarial reduction that early retirees must take, or increasing years of credited service. An employee must pay the appropriate retirement system the employee's normal share for these three years of credit, and the employer must pay the system the difference between what the employee pays and the actuarial cost of allowing the employee to participate. Applications for participation in the program will be allowed only during relatively short "window periods," and the employee must retire within several months after the end of a window period. The bill imposes substantial penalties on an employee retiring under the RIP who accepts employment with another PERS or TRS employer or ,vith a Judicial Retirement System employer, or who is reemployed as a. member of the optional university retirement system. The Honorable Gail Phillips March 20, 1995 Page 3 The bill also proposes, for the state only, another temporary incentive program, the separation incentive program, that has not been used previously by the state, but that has been used successfully by local governments and school districts in Alaska, by the federal government, and by the private sector. Under this program, which may be offered in conjunction with the RIP or separately from that program, long-term state employees separating from state service may be paid a one-time separation incentive payment. That payment would be $25,000 or six months' salary, whichever is less, unless a state department or the office of management and budget sets a lower payment. As with the RIP, separation incentive payments could be made only if they would result in cost savings to the state over a three-year period; the program would not be open to all state employees, but could be limited to certain departments or job classes; there would be brief "window periods" for application; and there would be substantial penalties for reemployment by the state within three years. As this bill works its way through the legislative process, representatives of my Administration will be available to answer any questions that members of your body might have. I urge your prompt consideration and passage of this bill. Sincerely, T y owles Go ernor L I 9-GH0044.A HOUSE BILL NO. IN THE LEGISLATURE OF THE STATE OF ALASKA NINETEENTH LEGISLATURE - FIRST SESSION BY THE HOUSE RULES CONZ TITEE BY REQUEST OF THE GOVERNOR Introduced: Referred: A BILL FOR AN ACT ENTITLED 1 "An Act relating to retirement incentive programs for the public employees' 2 retirement system and the teachers' retirement system; relating to separation 3 incentives for certain state employees; and providing for an effective date." 4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 5 * Section 1. FINDINGS AND PURPOSE. The State of Alaska and many local 6 governments and school districts are facing the need to restructure their operations and their 7 work forces in order to reduce expenditures and balance budgets. Retirement and separation 8 incentives are management tools that have been used extensively by the private sector, the 9 federal government, and other state and local governments across the country. The purpose 10 of this Act is to make these management tools temporarily available to the state and to the 11 municipalities and school districts of the state. This Act will enable these entities to be more 12 efficient and cost-effective by eliminating certain non -essential positions, and producing a net 13 reduction in personnel costs. -1- me.., Text underlined [DELETED TEXT BRACKETED] G i 1 (i) the actuarial equivalent of the difference between the benefits 2 the participant receives after the addition of the credit under (f) of this section 3 and the amount the participant would have received without the credit, less the 4 amount the participant has paid on the indebtedness determined under (d) or (e) 5 of this section; and 6 (ii) an appropriate share of the administrative costs of the 7 program; and 8 (B) provides that contributions from the employer under this section take 9 priority over other obligations of the employer to the maximum extent permitted by 10 law. 11 (d) A member of the teachers' retirement system who participates in an approved 12 retirement incentive plan under this Act is indebted to that system for an amount calculated 13 under this subsection. The indebtedness is 25.95 percent of the member's actual compensation 14 for the school year in which the member terminates employment, or the calculated school year 15 compensation for a member who works less than the entire school year. An outstanding 16 indebtedness at the time a member is appointed to retirement under an approved retirement 17 incentive plan requires an actuarial adjustment to the benefits payable to that member. 18 (e) A member of the public employees' retirement system who participates in an 19 approved retirement incentive plan under this Act is indebted to that system for an amount 20 calculated under this subsection. The indebtedness is 22-1/2 percent for a peace officer or fire 21 fighter, and 20-1/4 percent for other members, of the member's actual annual compensation 22 for the year in which the member terminates employment, or the calculated annual 23 compensation for a member who works fewer than 12 months. An outstanding indebtedness 24 at the time a member is appointed to retirement under an approved retirement incentive plan 25 requires an actuarial adjustment to the benefits payable to that member. 26 (f) An employee who participates in an approved retirement incentive plan under this 27 Act receives a credit of three years. The three years must be applied in the follow-ing order 28 until exhausted: 29 (1) to meet the age or service required for eligibility for normal retirement 30 under AS 14.25.110 or AS 39.35.370, as appropriate; -3- New Text Under??r_ed (DELETED TEXT BRACKETED] 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18! 19 20 21 22 23 24 25 26 27 28 29 30 * Sec. 2. RETIREMENT INCENTIVE PROGRAM. (a) An employer may adopt a retirement incentive plan under secs. 3 - 6 of this Act, as appropriate, and designate categories of employees eligible to participate in that plan. An employer need not extend the incentive plan to all employees who would otherwise be eligible, but may choose to extend the plan only to employees only if (1) in specific budget or administrative components of the employer; (2) in specific job classifications; (3) in specific geographic locations; or (4) on the basis of any combination of factors under (1) - (3) of this subsection. (b) An employee is eligible to participate in a retirement incentive plan under this Act (1) the employee is a vested member of the public employees' retirement system or the teachers' retirement system; (2) the employee will be qualified to retire under AS 14.25.110 or AS 39.35.370 after receipt of the credit described in (f) of this section; (3) the savings to the employer in personal services costs for the employee's position will exceed the costs to the employer for that position within three years after the employee is appointed to retirement. (c) An employer shall file its proposed retirement incentive plan with the commissioner of administration. The commissioner shall approve the plan if the plan meets the requirements of this Act, except that the commissioner may approve a state agency's retirement incentive plan only if the office of management and budget approves the calculation of savings under (b)(3) of this section. A proposed plan filed under this section must (1) identify job classifications of employees, and specific budget or administrative components, eligible to participate in the plan; (2) include a reimbursement agreement that (A) requires the employer, for each employee whov.retires under the plan, to reimburse the appropriate retirement system, within three years after the end of the fiscal year in which the employee is appointed to retirement, in an amount equal to 11 -2- G I NPw Text Underlined [DELETED TEXT Er 40 E=1 1 2 3 4 5 6 7 8 9 10 11 12 13 14' 15 16 17 18 19 20 21' 22 23 24 25 26 27 28 29 30 participation only by an employee who is eligible to participate under sec. l (b) of this Act and who (1) has been continuously employed by the state for at least one year before the employee applies to participate in the state agency's approved plan; (2) is a permanent seasonal employee who has been continuously employed by the state in a permanent seasonal position during all of the time in the one year before the employee's application to participate in which the position normally is filled; (3) has a job sharing agreement with a state agency in which two or more employees share a single position identified by a single position control number and in which the employee who applies to participate in the plan was continuously employed by the agency during the portion of the one year before the employee's application in which the employee normally worked under the job sharing agreement; or (4) meets a combination of the requirements of this subsection. (e) The commissioner of administration may not accept the application of an employee to participate in an approved retirement incentive plan adopted under this section unless the employee will be appointed to retirement not later than the first day of the month that is six months after the last day of the application period established by the commissioner under (b) of this section. A state agency, in a plan adopted under this section, may set an earlier date by which an employee must be appointed to retirement in order to participate in the plan. * Sec. 4. AUTHORIZATION FOR RETIREMENT INCENTIVE FOR EMPLOYEES OF THE UNIVERSITY OF ALASKA. (a) The Board of Regents of the University of Alaska may adopt, and file with the commissioner of administration for approval, a proposed retirement incentive plan for university employees. (b) Upon the request of the Board of Regents, the commissioner of administration shall iestablish one or more periods during which the employees of the university who are eligible under sec. 2(b) of this Act to participate in a retirement incentive plan may apply to the commissioner of administration to participate in the university's approved plan. The periods shall begin no earlier than July 1, 1995, and end no later than June 30, 1998. The periods shall be no less than 30 days and no more than 60 days in duration, and may not begin less than 30 days after their establishment. The Board of Regents is not required to request an application II -5- G New Text UndA,-7;ned [DELETED TEXT BRACKETED] 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 (2) to meet the age required for early retirement under AS 14.25.110 or AS 39.35.370, as appropriate; (3) to reduce the actuarial adjustment required for early retirement under AS 14.25.110 or AS 39.35.370, as appropriate; (4) as years of credited service for calculating retirement benefits. (g) In this section, (1) "department" means (A) a principal department of the executive branch of state government; an independent state entity that is attached to a principal department of the executive branch for administrative purposes but that is not a public organization as defined in AS 39.35.680 is part of that department for purposes of this paragraph; and (B) the Office of the Governor; (2) "employer" has the meaning given in AS 14.25.220 and AS 39.35.680 and includes a department. * Sec. 3. AUTHORIZATION FOR STATE EMPLOYEE RETIREMENT INCENTIVE. (a) A state agency may adopt, and file with the commissioner of administration for approval, a proposed retirement incentive plan for its employees. (b) Upon the request of a state agency, the commissioner of administration shall establish one or more periods during which the employees of that state agency who are eligible under sec. 2(b) of this Act to participate in a retirement incentive plan may apply to the commissioner of administration to participate in the state agency's approved plan. The periods shall begin no earlier than July 1, 1995, and end no later than June 30, 1998. The periods shall be no less than 30 days and no more than 60 days in duration, and may not begin less than 30 days after their establishment. A state agency is not required to request an application period, and may request more than one application period. (c) A proposed retirement incentive plan adopted under this section may not permit an employee who is the governor, the lieutenant governor, or a commissioner, deputy commissioner, or assistant commissioner of a principal department of the executive branch to participate in the plan. (d) A proposed retirement incentive plan adopted under this section may permit u -4- G New Text Underlir_ed [DELETED TEXT BRACY.ETED] 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 and file with the commissioner of administration for approval, a proposed retirement incentive plan for its employees. A plan adopted under this section must provide that the application period for participation in the retirement incentive plan is June 30, 1995 through December 31, 1 1995. (b) The commissioner of administration may not accept the application of an employee to participate in an approved retirement incentive plan adopted under this section unless the employee will be appointed to retirement on or before August 1, 1996. The employer, in a plan adopted under this section, may set an earlier date by which an employee must be appointed to retirement in order to participate in the plan. * Sec. 7. POLITICAL SUBDIVISION OR PUBLIC ORGANIZATION EMPLOYMENT. For purposes of determining the years of service requirements for retirement under AS 14.25.110 or AS 39.35.370, as appropriate, a vested member who is a state employee and who applies to participate in a retirement incentive plan approved under this Act may receive credit for employment with a political subdivision or public organization before the political subdivision or organization became an employer under the public employees' retirement system. The member may not receive credit for those years under this subsection for purposes of determining benefits. If a provision of this section is inconsistent with any other provision of law, the provision of this section governs. * Sec. 8. RECOVERY OF EMPLOYER DELINQUENCIES. To recover a delinquency owed by an employer other than the state under an agreement entered into under sec. 2(d)(2) of this Act, the Department of Administration may (1) direct that the amount of the delinquency or a lesser amount be withheld from any money payable to the employer by a state department or agency and that the amount withheld be credited to the delinquency; and (2) bring an action against the employer. * Sec. 9. REEMPLOYMENT INDEBTEDNESS; PROHIBITION ON REEMPLOYMENT. (a) If an individual is reemployed as a member of the public employees' retirement system under AS 39.35, the teachers' retirement system under AS 14.25, the judicial retirement system under AS 22.25, or the optional university retirement program under AS 14.40.661 - 14.40.799 after appointment to retirement under this Act, that individual forfeits the incentive I' -7- G I'-w Text r7njerjiyle J IDELET .D TEXT BP.ACK TE" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 period, and may request more than one application period. (c) The commissioner of administration may not accept the application of an employee to participate in an approved retirement incentive plan adopted under this section unless the employee will be appointed to retirement not later than the first day of the month that is six months after the last day of the application period established by the commissioner under (b) of this section. The Board of Regents, in a plan adopted under this section, may set an earlier date by which an employee of the University of Alaska must be appointed to retirement in order to participate in the plan. (d) A participant in the optional university retirement program under AS 14.40.661 - 14.40.799 who is vested in the public employees' retirement system or the teachers' retirement system may participate in a retirement incentive plan for that system if the participant meets the other qualifications of this Act. If a provision of this subsection is inconsistent with another provision of law, the provision of this subsection governs. * Sec. 5. AUTHORIZATION FOR RETIREMENT INCENTIVE FOR OTHER EMPLOYEES. IN THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM. (a) The governing body of a political subdivision of the state or public organization that has elected to participate in the public employees' retirement system under AS 39.35.550 - 39.35.650 may adopt, and file with the commissioner of administration for approval, a proposed retirement incentive plan for its employees. A plan adopted under this section must provide that the application period for participation in the retirement incentive plan is December 31, 1995 through June 30, 1996. (b) The commissioner of administration may not accept the application of an employee to participate in an approved retirement incentive plan adopted under this section unless the employee will be -ippointed to retirement on or before February 1, 1997. The governing body of the political subdivision or public organization, in a plan adopted under this section, may set an earlier date by which an employee must be appointed to retirement in order to participate in the plan. * Sec. 6. AUTHORIZATION FOR RETIREMENT INCENTIVE FOR OTHER EMPLOYEES IN THE TEACHERS' RETIREMENT SYSTEM. (a) An employer under the teachers' retirement system who is not otherwise covered by secs. 3 or 4 of this Act may adopt, G -6- New Text Underlined [DELETED TEXT ERACKETEDI 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 (e) If an individual who received a separation incentive payment under this section subsequently is reemployed by a state agency or the University of Alaska within the three years after the date that the individual received the separation incentive payment, the individual is liable to the state in an amount equal to 110 percent of the amount of the separation incentive payment, plus interest at the rate prescribed by AS 45.45.010, commencing on the date that the individual received the separation incentive payment. (f) If an employee is eligible to participate in an approved retirement incentive plan adopted under sec. 3 of this Act, (1) a separation incentive payment to that employee may not exceed the amount that the state agency would be obligated to pay to the appropriate retirement system, notwithstanding (b) of this section; and (2) the employee may participate in either the separation incentive program under this section or the retirement incentive plan adopted under sec. 3 of this Act, but not both. (g) In this section, "base salary" means the monthly salary paid to an employee under the applicable collective bargaining agreement, AS 39.27.011, or another applicable pay schedule, and includes geographic differential; if an employee is paid on an hourly basis, the employee's base salary is the employee's hourly rate, including geographic differential, multiplied by the number of hours in the employee's regular work week, multiplied by 4.35. * Sec. 11. OFFICE OF MANAGEMENT AND BUDGET. (a) When designating an employee category for participation in a retirement incentive plan or a separation incentive program under this Act, the executive head of the relevant state agency shall describe in detail the expected effect of the plan or program on the agency's personal services cost and operation. This financial report must be approved by the director of the office of management a ,d budget i before the commissioner of administration may approve the proposed plan or program. The state agency shall report each year to the office of management and budget on the cost of each employee's participation and the effect on the agency's personal services cost and operation. (b) The office of management and budget shall submit to the legislature annual reports i on the retirement incentive and separation incentive programs under this Act beginning January 15, 1997, and continuing through January 15, 1999, and shall submit a final report j -10- New Text Underlined (DELETED TEXT BRACKETED) 11 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 G approved retirement incentive plan adopted under sec. 3 of this Act, or may be offered separately from such a plan. A state agency need not extend an incentive program under this section to all employees who would otherwise be eligible to participate, but may choose to extend the program only to employees (1) in specific budget or administrative components of the state agency; (2) in specific job classifications; (3) on the basis of any combination of factors under (1) and (2) of this subsection. (b) A separation incentive payment under this section shall be paid in a lump sum after the employee's separation from state service, and shall be equal to the lesser of an amount equaling six months of the employee's base salary, or $25,000. However, a state agency or the office of management and budget may set a Iower separation incentive payment in the state agency's separation incentive program. (c) Upon the request of a state agency, the commissioner of administration shall establish one or more periods during which the employees of that state agency may apply to the commissioner of administration to participate in the state agency's approved separation incentive program. The periods shall begin no earlier than July 1, 1995, and end no later than June 30, 1998. The periods shall be no less than 30 days and no more than 60 days in duration, and may not begin less than 30 days after their establishment. A state agency is not required to request an application period, and may request more than one application period. If the commissioner of administration has established one or more application periods for a state agency under sec. 3(b) of this Act, the application period or periods established under this subsection must coincide with the period or periods established under sec. 3(b) of this Act. (d) A separation incentive program established under this section must provide that a separation incentive payment to an employee may be made only if (1) the employee is a permanent full-time or permanent full-time seasonal employee with at least five years of service with the state; and (2) the savings to the state agency in personal services costs for the position occupied by that employee would exceed, in the three years after the employee separates, the amount of the separation incentive payment. -9- New 7.,xr Underlined [DELETED TEXT BRACKETED] 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 (2) "public employees' retirement system" means the Public Employees' Retirement System of Alaska (AS 39.35); (3) "state agency" (A) means (i) the legislative branch of state government; (ii) the judicial branch of state government; (iii) a principal department of the executive branch of state government; an independent state entity that is attached to a principal department of the executive branch for administrative purposes but that is not a public organization as defined in AS 39.35.680 is part of that department for purposes of this clause; and (iv) the Office of the Governor; (B) does not include (i) the University of Alaska; (ii) a political subdivision of the state; or (iii) a public organization as defined in AS 39.35.680; (4) "teachers' retirement system" means the Teachers' Retirement System of Alaska (AS 14.25). * Sec. 15. Sections 2, 3, and 10 of this Act are repealed July 1, 1999. * Sec. 16. Sections 4 - 7 of this Act are repealed July 1, 1997. * Sec. 17. This Act takes effect immediately under AS 01.10.070(c). �I -12- G N-w Text r7rnr7nr7 ; r-d (DELETED TE}_T BRACKETED] 1 2 3 4 5 6 7 8 9 10 11 12 13' 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 January 15, 2000. Each report must provide the information necessary for the legislature to evaluate the effectiveness of the programs in achieving their objectives. The report must include information on the designated employee categories under the incentive programs, including the cost of each incentive program per participant, the cost to the state, the cost to the employee, the annual budgeted amount, by state agency, for the incentives, the number of positions deleted or left vacant, and the projected or actual net savings over the three-year period. * Sec. 12. PROGRAM CHANGES. (a) An individual employee does not have a vested or contractual right to a benefit under this Act until an agreement is executed with the administrator that specifically authorizes that employee to participate in the retirement incentive program under this Act or until an agreement is executed with the commissioner of administration to participate in the separation incentive program under this Act. The legislature reserves the right to change any aspect of either incentive program as it relates to employees for whom participation agreements have not yet been executed with the administrator or with the commissioner of administration. (b) In this section, "administrator" means the administrator of the public employees' retirement system for employees who are members of that system, and the administrator of the teachers' retirement system for employees who are members of that system. * Sec. 13. REGULATIONS. The commissioner of the Department of Administration may adopt regulations under AS 44.62 (Administrative Procedure Act) to implement and interpret this Act. * Sec. 14. DEFINITIONS. (a) Unless provided otherwise in this Act, the definitions set out in AS 14.25.220 apply to provisions in secs. 2 - 9 of this Act that relate to the teachers' retirement system and members of the teachers' retirement system. (b) Unless provided otherwise in this Act, the definitions set out in AS 39.35.680 apply to provisions in secs. 2 - 9 of this Act that relate to the public employees' retirement system and members of the public employees' retirement system. (c) In this Act, (1) "office of management and budget" means the office of management and j budget in the Office of the Governor; II I-11- G New Text underlined [DELETED TEY_T BRACKETED] INFORMATION LIST Kenai City Council Meeting of April 51 1995 1. 3/13/95 Joint Work Session "To Do" List. 2. 3/15/95 Kenai City Council Meeting "To Do" List. 3. List of Spruce Street/beach property owners. 4. 3/21/95 TM memo/press release regarding new fire insurance classification for Kenai. 5. 3/15/95 Kachemak Heritage Land Trust letter regarding upcoming Conservation Options and Tax Incentives for Landowners series of workshops. 6. 3/17/95 AML Legislative Bulletin. 7. 3/29/95 K. McGillivray thank you letter to Gary Foster, Lynden Transport for donation of plants for this years' planting season. 8. 3/29/95 R. Springer memorandum regarding houses formerly owned by Vivian Swanson on Second Avenue, Government Lot 128. 9. 3/30/95 FAX from Resource Development Council regarding request for comments - Outer Continental Shelf Lease Sale 149, located in lower Cook Inlet, Alaska. KENAI CITY COUNCIL JOINT WORK SESSION MARCH 13, 1995 "TO DO" LIST KK - Have a basic master plan developed for the beach area off Spruce Street. Include in the plan a paved parking lot, new restroom, additional dumpsters and port -a - potties, bridges, roping off of the road (to be used as a service road only), and possibly a picnic pavilion. Have the basic master plan brought back to Council for the April 19 meeting. The same information should be forwarded to the Parks & Recreation Commission and the Planning & Zoning Commission for their review. KO - Have port -a -potties and dumpsters emptied numerous times a week and/or day during summer. Find out how the restroom packages are sent. ADMIN - Find out if leftover monies from the Thompson Park project can be used for placement of new restrooms at Cunningham Park and the Spruce Street beach area. Do a color -coded map indicating Spruce Street beach property lots and owners. KENAI CITY COUNCIL MEETING MARCH 15, 1995 "TO DO" LIST ADMIN - Further review Swanson matter. BS - Investigate whether anyone is living in houses on City property (formerly owned by Vivian Swanson). PP - Solicit applications for Council on Aging to replace Pauline Gross. JW - Send letter to Fish & Game stating City's concerns for dipnetting season in relation to degradation of banks, traffic, etc. CRG - Investigate what other communities in Alaska have their own regulations in regard to gaming permits. CLF - Contact persons on list for possible placement on Personnel Arbitration Board and those now on the Board who did not respond to the last letter. RAE - Do press release in regard to airport recertification. Send out to Anchorage newspaper, Peninsula Clarion, and local radio stations. ADMIN - Do press release in regard to insurance rating (if notification is favorable). Send out to Anchorage newspaper, Peninsula Clarion, and local radio stations. PZ - Send March 22, 1995 P&Z packet to Councilman Bannock. LL - 01 1 , II I :II•I � ' I J" - - ,' L-•V �/1 _ _ _ST_ELLAR ORIVE - '- ' 141 , i S,- 1 '>" 1417 A 151 o ; � W 10 13 Z _ w 7161 a � N LOT m ,. Lo �uv 7—Ll, - - _ _ , Y' \•� , Lfl, U71 rA,1 B_. ON / r.0�-, Ln, IoS I 45.6 AC GOV-1 LOT 101 cOv-,. Lc* ,o (oe) I M1I - r.nv• 1 LOT i,: '1 LO .7,v •,. LO c.01.1 Lm toj,vv', 101 IoI I,ro , Ir,l 10 Y'1. 3,L, CITY PI ARK ff j 36-AC. UBD.1 ' , Gov', Lm I3�-- — I I , p.fi0__AC4 UNSVPU vIDCU J , 1 1 RE„A FIDEA 1 1.33 4C. CHAA C t7CLE . W — - nv.l Ali + n3' - Gnr, Lo, I' — Gnv 1 LOT It.1 r,,,,, I II)I.Ov'7. LIJ IIEO I 1SY GIK , l0, ,T, dlv' 1 I OLOJ' 7 LE Y , 11 I I I I '.nv I L07 I b- I GO, LOT 171 \ 22.96 AC. 1 (25) O1 " 57 PARK VIEW v; 1 (Se) w SUBD.' 5e N-I f - USSUBDIVIDEU 3.12 AC. (05) Lp _ -SUBD 1 I - ERSE,N . I ADDN.:NO. 1 (2_4) Ly - 1.77 AC. GOV'1. LOT 1NJ ! _ _ _ _ _ ' ,•79� {j� - '�..i ----=�1; GU1'7 LOT f73 I 1 � IAB y _ !/ FOB , LOT 1781 GOvI LOT 174 191 I 113) _ 1 , �PEf'Af''EP THI`. r -,r I 111.-' I r'FI'Ill 1'-',I 11 F m IL IN O 2 NW Z IL O (L' LL 1 DATE - 02/28/95 KENAI. PENINSULA BOROUGH PAGE 219 ASSESSING DEPARTMENT ONE LINE ASSESSMENT ROLE 47-071-11 Oo 30 7,200 O 0!: QQQ ANDERSEN HAROLD R. 245 SENZ RD. SEOUIM, WA 90362-9204 41-;071' 14 . 00 __ .+ : 30- = _ 12,B00, ::- 0 - :. :?.�iJEi.=` . I 1 0 'A"4:19311N WROL0 _91-_249 btN9'RDi-'SEQu1m,: IIA:gB39 47-071-13 00 30 3.400 0 13,30S. #I s.4 STANFORD LONZY L b BEATRICE, b07 OVERLAND, KCtiAI, AK 99611-e 47-1�71. IA 00 = .. HO :.-- .` 4- 800 : ,:: t{. , x.:.�s •Pg2$Q)C-Cf4; KCNA1. Im 99611- 4 $,z x...i 47-071 15 00 30 30,000 O 01.1a�I 4 � - POPPIN NICK JOHI TRIIST ETAI , PO BOX 702. KILAJEA, HI 96754-C 41=071.111 00 80 26,300 7-.- 0 >,� @.e , 1"ai P011P11ri.N101C:slpFiN TIIU$t;;El'+IL:?PO•BdJt 7021• KILAUEAtF�lx:ls.7:yC 47-071- 7 00 30 10.831 '31. 170 162 ' 1 i�i � - �);Id� 11lNRY RONALO L 8 JEAN ANN, FIC BOX 3334, S'F.RL.ING, AK 99679 47-(171 -1R Od :f0 D;COv°f'f 11I 9 6 MWIGUINE _es :BQx- 2020 ':EI)VONDS, WA 1 0020-9920 ' p. o:>vry:38e^pI•;p<.: b47.071-'9 00 30 11,700 0 0;:if {1 ANDERSEN HARO!.D R. 245 SENZ RD. SEQLIM. WA 98382-9204 be?-071••10 OD 3Cti 22.400 _0 2k;{i(A0;'tl j� it 4-; ; JAfIR>(1p N1LI.: J " _0071:81;=;KCNq 15-AK '99tli 1'^.00:i 1' `T° - : ° k)47 -Oil-1 2 1 30 3-1) 100 0 pif`t 1 (1!) FE KENAI CI 1 v OF. 210 F IOALC.O AVE SIC 200. K_NA 1 , AK�tx9961 h 775C F f 1'. ,. r47-0) 1=74 Oo 30 - r.200 : 0 011ft' .ilf [�• .iq_.- Y0$AR=PAUg-_M & 6AN0A i1:`%OX-'I 1A69. ANCH0Ra0E, s 1ii�"9. 511 � [-en7-071-;1 G3 3L) 7,1i0J U O') 1 !1'ii ._ -. 1, 7':6 E W INVESTMENTS. C/O B L BROOERICK. ANUClAGE. AK 99501-21 b47-071-24 D4 �0 4 300: 0 '� e t R .1 +: 1 I ; :vAM 1d_If1XG�-:00$� 51.-'RENsl1'.. AK! 90011rOOSI—` .�?�.d�J >"s:���s�e�=.:� )47-07(-7ri U;) l<; 5.200 0 0'�1 + i` 1 vAI1RIG Wl:.l J. BOX 51 KENAI, AK 49611 -0051 B.SW:. O: :: ;=j) 1 s s��,+::wURN1iJDHM.T'I°�IQ71l-1:!;>It?N'-AVE{ ;ANGFtONAAk.!AK 911l1(?1-3b10;v'ssfi8l:`' )47.071-27 00 90 12.400 0 (k1 � 1t i ' �/� MILLER JOAN N. 14231 SIINVIEW DR, ANCHORAGE. Ad 99F15-4135 47�071••2$_ Ort: -:.30 :_._ '4.?7 :;- :. Iwf:011- �.rd��,) + ,�°R�kNE11T€•YF1d1+lA;I=l-CONJ1i=.1106- (JPI.AND.•KENAI. AK 99611••11:d 147 c;72-02 K) '10 7,700 0 0;' )'i KEO11ANE COLLEEN E. PO 30X 3b18, KENAI, AR 9ttctl-]51p �����+t1 47-1l7R=C)•4 OQ:. _ J0 40100: b 0:(} e�;. 6MER{IIRR.R J L1=-CIIER14191t 1f.D; _D8A-CF1Ff1RIFR. 4, GV904IFIt��:li i0k )47-072-04 00 :10 9.900 79.7515 .O+FI; i BAKER DON V. 1013 ALASKA AVE 1/53. KLNAI , AK 99611.8052 41:-072-00 00 :1p; _:;: 1 1.000:=: •_.- Won 1.t0�1 r ! 1� i1 =PBTTt g$till -IIALPf1.#1,_Al.tiUDIT)i;' 1007 !1+15SIGN -AVENU •=x KCNAYY'•:A "S 47-072 UG 00 30 14,4UO 1,431 8.422 �I 1 1 PLITERSON Ra1PF �� 1. `c 1 J 6 JUD1111, 1007 MISSION AVENJE, KFNAI. AK 47=07$-011 0O 1 :10,-,- _ . _92 21Ji1;::.- - = • = O LiJ�, l 1 + 8� :CNERI#YR[4;R:fiNEJIRIER�OOKPOST R')V:AN%10RAQ1-. ASS 911n0f?,i_45 �1 r f.t. BAY ARMS APARTMENTS. PO BOX 1024. KENA:. AK 99r' +- 1024 ,r)4'7':07! 0+] 9D: 3;) - t00 -- : _• D- ----------- ---0�)RUSS>IAt1 ORT1iiiQd GRCEK' DATFI�' CIO =5T 11t:k111AUS SEM NA4 •s'Kljfl AN 047-074-02 00 :t0 400 0 Off + 47;074-09 00 70- 4 WCBBLR CFIAVLES R. 1824 FONT ST PARK UR, ANCHORAGE, AK 99517- I 7-U74 04 00 37 4U0' 0 • 01 1 r?I� ARNES3 JAHM.A.:pJpX _IOGt� 'KENAI',° AIC-996111-10G1 :f" "x1 r1<' xSt".,:.: b.. :.:.. 4 00 O 0't j OSDO IIIOR T a BAGOY THELMA, 611 W 11111 8B. ANCHORAGE, AK 99E )A11-074 t)S 00 •: 30 400 0 0 ij �t.1 ?A PECK IIRI#1'J`i. S NAN(:Yi; itQ>4` 883'. KE%AI"'Alt' 99611x 47-074 0(, 0() !0 400 0 0 1 .1 4 DEVILLE HUEY• PO UOX 13G. NONRCE, .A 11210-0136 41!-0Y4-p7-•' 00 .• .__ 3() 8(W 0 :: Q1�1� i 1 1 j�.13110i'1AN WOSSRH WI ;-BOX fQ1197►I'•AW14ORAGE.': AK )47-U74 09 00 2U 5'!O O OI i#, �I ,,t MCCANN Ri! : Y A. BOX 223 KENAI A4 996+'-0223 +{-11 CKi 30 14. 2d0 0 =13.500 t�� { } Q ARNES . OA EB'.A •I. ,47-074- 1) 00 O 35,000 t �8d0 $ E� ' BOX"tli5t;: kENAT,- A,C 9AG11-1001 0 GG.800.1..1:) 1`1: MVSLNG PC1 J F- WIR PFTFWzr.M LAV 1c.ui1 A:r oo.:i,-wnn. 1O1) O : OIi)1.1 el'1;LIS14E1-TIJMSt)OFN aLTCE;:'3G0� NE' fiTlt AVE. P1IRTLAN.7,' OR �'y2 y1'p;ai' ''[` 47 001-02 W 70 9(.�0 O O'I,I 1 !=�� ,1fd 00 PURIFR MOR:tIS _ 8 SFRTIIA J.- PO BOX '!139, NIK:SKI. AK 99635-1 47.001.04 30 30 2W 0 :b+1:�I:1:�L J l 20 KENAI- Ct!`V-13F. -210- F-30ALGO•�AVE-STE '2COi =KENA.. - .5 47 0N'.-0, Co 30 'C{) O O't� 1' �t111 VILSON VIRGINIA V. +941 BILUIP ST 11l4::9:6�-.7: 47-0111 -00 do _ ;IO '(;0.,:: d • d .' �, , +:a, CLARKS 3N. WA 99403-28 ', �1j ; aD°kENAt_'C11Y-LF, -a10' F10AI.QP* AVEAVE:STF -100,- kENA.. . It'-ppq{ 47 081 07 30 .10 'Co 0 01 =- .i4 s,+' �4 KENAI CITY OF, 21C) 1'ICALGO AVc S-E 200. KENAI, AK 99611-775C 47-06I •08 :ND= _ -- 30 _ Ica - 0 .0 pQ �� w . (; � ; kENAI- VITY CF.:.2 WFIDAI.Ca_ AVE- S E.200. KENAI, kik"040� :1 :�'_ M 47-08f-U9 :ip 30 1O0 p Oi t'� , } F0P KFNAI CITY OF. 210 FICALGO AVE STE 200. KLNAI, AK 99611-775C 4#r�6t-�0 BO _ a0__ _ 100'._ • = 47-00 ! • ' 1 30 C) 0 I►. .� KENA-OlTY OP' .91C1- �+1)OALfi10' AVE 5T'E'Jf)01 KENAI,'4Fr!�?�1 1Ei •1•) 100 U _ _ O KENA1. CITY Or, 210 T IDALGC AVE STE. 200. KENAI, AK--9961 1-775C 4:1=Ot11=0f ''JU = - Ov , . 1C0 0 _-ff',,""'•'i�r K61tiGbii CI7Y.01'; _2,10 FIOAL6i.04VI! STC. 200. KENAI.8�=1_t 47-082-02 30 30 IUU 0 O;yn� }�►f 1• f KENAI CITY CF. 210 FICALGO AVF. S'F 200. KENAI, AK 99611-775C f7-ORT-01 30 90 IOU ;S60 KENA2-'C11Y OP, 210 FIDALGO:Avk-9 E i7E,200, kF.NAI. Ag6'f1�77SC ! 0] 00 3O 1:i:) O O}}{�JJf;�f;c;:z jbQ vrRBF.R C R ET AL, 1824 FOREST PARK n3. AN::I.ORACE. AK 99_SI7-1 47 OIl47-091 04 00 :IU 150 O 0` ,' i3q ORENCT 'CARE A, :C/D L4i •NORA GRt:NC''-VONIROSE.- CO< 8i'4C1-7I 1..._.. 47 Un3 (Y_ACI __:O - ---1�0 _- 0 U°r'61+' +=-1G-1G PICK BRIAN 1 A NAKCV ,,. Dl)X SR7, KENAI, A-( 9:0111-0883 DATE - 02/20/95 KENAI PENINSULA BOROUGH ASSESSING DEPARTMENT ONE LINE ASSESSMENT ROLE v 47-083-09 00 30 150 0 41 -084-02 30 30 200 0 '47#!•%iQ+1y(S.�`.ia)Eii::i•` _ :R�•. , •..... S60i••k-• •,I• --0-. - . 47-084-04 00 30 150 0 47?064=Sty.. Qq;l:-`-::$0:•. ' � Q �; 0. 47-084-06 30 30 .. 100 0 47"084-fOU 00 ;a 47-084-08 00 30 200 0 Oo 47-085-03 30 70 �00 • 0 44 :: 310,-::;;s-'-A3r01c ;:, -t;; ,,• ;• :=O3n0�b`�. :a :,-;; -■��.. y7= ppF•ffp��ef . 4.[: �-YYS-la�:, iia l:i: r4a:31�' /� - .-s::.._•�C "W •• �'.- F!...-. AID ,•)�rY�IiW 47;?iJEt�':QI,.. Yd�eA:ii�1�10: -i• • ��Qf,n+:: �. ±S5,900 - •'. 47-086-09 4Y=R$6-1 00 30 :.00:: ;.:.°>::.: 94•x00 :•,:: :,1 0 : = '7,90 f71;too 47-086-1 00 30 6.400 O 47-091-04 D41=ov11,05; 00 30 604 39.600 0 205,30 �_=1 047-091-06 Do-30 ::.::;;.0-: 20 000 0 . _ �,;:: 79,26 43-.$14.•.-. ' I J47-091-08 �47:�r`�!"p9�.:Rp:;i:::�:80: 00 30 11,000 57,818 2Q�R0g::€ i ,'•1-::.. :.'l:R+It91Q:-:. ..:.--, , i :S47-tSh1.10: • BO • �0 --_= .IL!).6C4' � � -• - 0 ' " : a-_• )47 -091- 1 1 )41-Q92•-01 00 OQ 30 • ao _ 65,203 0 21. $vQ ' - - .I 401.200 )47-0l2-02 _ 00 - 30 _ ,-- -=:-0 _ 6.400 3.499 = ..A 1,50( )4 (-042:•03 00 - :. 30 -7, 80!1-. = O- :. 1 )47-092-04 C:0 30 -3.200 0 )47-092-09 ^0 20 .22.4QQ 0 < :47 092 -06 ne) 30 34.6ViO 0 :47:-rAI2.07..00 - a0 .:-7,200_ . 0 ;47.092 OR ()0 30 9. GOD 0 < !4 x= Q92=09. 14 7-092- 10 '10 10 .. 30,- 30 17 • 147-092-11 ' 00 :10:: 15 S. 0010 0 .-10.200 . 147 -092- 12 00 30 •1•16.575 •; 8 C :500 •. 092 - 14 00 30 12. 030 0 , C 47,,092-15 147-092-16 IE ,..- . 30.'=. no 30 _ i ,605:­ Q -: -, •0.200 - :. •.:;:C 47-092-17 . 00- 90 _ 0 . 14, 100- C ,47-092-18 00 30 5,600 0 C 47-092. 19: 00 .. 30 - 23.000 :.0 47-092-1-. l 00 30 7,700 0 _ - — PAGE 220 tIRENCA CA[i.L;: /f,•'IC <1 LA'':Nkjl GRINPI:v MONTROSE - Co B 1402. 1468 k" PECK BRIAN L & NANCY J, BOX 863. KENAI, AK 99611-0083 �RMAN�EN..6nRpp14 B FftAr�IC(;s; ,Rd i PV900F $7'; 'AN CFipRA11F, AKAN KENAI CITY OF, 210 FIOALGO AVE STE 260. KENAI, AK 99611-775C :►wssffl:R cHARL�S I�' T AL' '. ,i824A 0RR6T:.PA11K QR; ' ANCHDRAGE; AW" GRENCI CARL A. C/O LA NORA GRENCI. MUNTRCSF, CO 81402-1468 R[3c(t •off] AN_...�,:N�NC•Y'r.�WL;'811�::K�hA; .AK'99611=0A83 ' KENAI CITY OF, 210 FIDALGO AVE STE 200. KENAI. AK 79E111-776C MICKONE _PATRiCIA-; 836.X $TREEt _- APT 21 f.. ANCIIORAOC, AK 99601�t WILSON VIRGINIA M, 1241 BILLUPS ST N C8, CIARKSTON, WA 99403 SIRAHAM•=11pSePN'11,; qq>S '1Q1.157;:g�ANCf10RAt;E;. AK. 99$10-11;17 =<� KENAI CITY OF, 210 FIUALGU AVL STE 200, KENAI, AK 99611-775C -- ---- •- ,.,a rua: nv. Av,-riUKAGC , AK l9JV 1 - 17 AIVCf#pR11cIE; IfK 99r301�"f7 ' {'1_10i;! BAY ARMS APARTMENTS. PO BOX 1024, KFNAIr:, AK 99611 1024 1 : f:i RR11;R. q; J B:'WAYN<t .lG;# :1b:13:POST..R(Y;; ANCHORAGE. AK 915ol� jl 7,d`-, V02AR PAUL M & SANDRA J. BOX 111269. ANCHORAGE. AK 99511-12E Oii :�Q$AR :PA{l#i. * 4. W)RA` al. ; 907(:;:1j1 i26p,•,ANCHORAOE.. pK 9951 1 •12� ';- OCONNEI 1. ROBERT D ETAL . 1 10 S WILLOW STE Y KFWiX;01TI:0Py 1fO:08, KENAI. AK 99 KEAI;. AK-99611-775C CENTRAL PENINSULA MENTAL HEALTH. ASSOC INC, KENAI, AK 99611- ,p�us 4Q1SAN; ptSK!:;11#.4 MANIC, Flt: PC1: BOX.;1fit�1.,-k[NAY-, AK 991i1 {- 1d81 1COWAN ROBERT M & JANICE M. PO BOX 1681, KENAI. AK 99611 1681 .rlAF1RTQ-1EIl:LJAM JOSEPH: & 10909Y' AWN.:: PO BOX 51: -AENA1 , AK 906.1 JAHRIG WIILIAM JOSEPH & BECKV ANN. PO BOX 51, KENAI, AK 9961 O ;AWL R$0N. H.K & I� M;; ;tq(la $FN�pEHA1/ hI-(70ADi :VIR¢INXA Bt;ACII. 'VA {41 tl'il PETERS ROBERT S. PATRICIA. KENAI, AK 99611-(X)24 60Q XENAI .6TQLE,•CIIURC[Li;::P.Q 36X,176.>.KC-NAi , AK- 99611-0176 i W06DRFOGF. ASSOCIATES, 11410 NE 124TH ST #631. KIRKL.AND. YEA 9 Ofi OUTER:PUTH E;._.1054 SEECy.�AN@, ANCHragaGE; AK 99501-3$03 1:jl;t10�0' RIi0DE5 LOUISE J. 901 HIGHLAND, KENAI. AK 99611-8034 1�1BAXTER RUTH E;;' 1094 BEECFI LANF-;:: ANCHORAGE, AK ' 99501 -3203 13?�2p BAXTER RUTil E. 1054 BEECH LANE, ANCHORAGE, AK 99501-3203 1:2 V dAXtER -HU'IH. E.. W04- OWN !.AhE, ANCHORAGE, AK.9911C1- 920.1 14+}�000 BAXTER RUTII E. iO54 BEECII LANE, ANCHORAGE, AN 99501-3203 ti.iiOd 8ltXTER RUIN- E. _.iO54-BEeCH-LANE;%- ANCHORAGk;. AK 99501.3203 '. #4 AMERICAN LEGION POST 20, PO BOX 1044. KENAI, AK 99611 1044 V 100 AMERICAN Lgeloo.po51' 20.. OOX :1044..19FNAT, AK 99fc11-1044 %000 AMERICAN LEGION POST 20, BOX 1044. KENAI, AK 99611-1044 �.� AMERICAN LEGION POST.:2Q. PO BOX'1044; KENAI. AK 99611-1044*. :�79 NYCE GFORGE A & ROBERTA K. 935 CETACEA. KENAI, AK 99611-870 NYCg:OEORGK: A.6.-(108�R% K',,93$ CCYACEA. KENAI, A'( 996117870 g HURN JOHN T. 10.12 E 9TH AVE. ANCHORAGE, AK 90501-3830 7 00,ALtX..dOSEPH,ALADOR'•E1'AL4<GENERAL DELIVERY, KENAI, AK 99611 6d REESE WADE A DELLA L. P 0 BOX 141086. AN(PIORAGE. AK 99514-1 ;i0d .7clo1 ; p4om J & KATFIRYN'A', PO. BOX_ 64�8, KFNAT, AK 9l1611-Cage 6`DQ FEW INVESTMENI COMPANY, 00 B L BRODERICK. ANCHORAGE, AK 99 3;000 TOMRDLTE TMlWX57'il b-KATNRVN,-.'riQ'.'ddX'1398, KENAI. AK 99611-069_ tit TOMRDL.E THOMAS ,1 8 KATHRYN, PO BOX 698. KENAI AK .)'dc 69 CITY OF KENAI 210 FiDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 �r.00n 1'II'1 1992 MEMORANDUM To: Department Heads From: Thomas J. Manninen, City Manager -POW March 21, 1995 RE: NEW FIRE INSURANCE CLASSIFICATION FOR KENAI On behalf of the City of Kenai, we wish to thank all department heads and city personnel who were responsible for achieving the Class 3 rating. Also, it is very important to have the continuing support of the Mayor, City Council and elected officials in their budgeting and funding decisions. Without the recent investments in the fire equipment, water department and city communications/dispatch system, this total teamwork effort, resulting in the lowering of the city's insurance premium rating from a Class 5 from a Class 3, would not have been possible. This is a total teamwork effort, the results of which will be of direct benefit to all property owners and taxpayers in the City of Kenai over a long period of time. Thank you to all and keep up the good work. Attachments: Press Release CRS 3/15/95 letter cc: Mayor and Council P R E S S R E L E A S E NEW FIRE INSURANCE CLASSIFICATION FOR CITY OF KENAI Good news! Effective May 5, 1995 the City of Kenai's fire insurance classification protection rating will change from Class 5 to Class 3. This change, the first in 25 years, may have a favorable effect on Kenai's residential and business properties by reducing property insurance premiums, according to J. Kent Blanche, Assistant Manager of ISO Commercial Risk Services, Inc. in San Ramon, California, in a letter to City Manager Tom Manninen dated March 15, 1995. To achieve details for the classification, an ISO representative spent several days last August reviewing the facilities Kenai provides for reporting fires and dispatching fire fighters and equipment to fires, their fire fighting equipment and response time, the training available to fire fighters, and the water supply system available for fire suppression. According to Fire Chief David Burnett, this is the first change in Kenai's fire classification since 1970. The two point rating change could result in as much as a 20% decrease in property insurance premiums within the City of Kenai. The rating applies to properties with a needed fire flow of 3500 gallons per minute or less and is used only by insurance companies using ISO property insurance premium calculations. Chief Burnett believes most properties in Kenai will be covered. Tom Manninen, representing the City of Kenai, thanks all Kenai residents for supporting continued City investments which led to the new rating. "A team effort was required to reach this Class 3 level," he stated, "and it benefits all of Kenai." (See copy of letter attached.) ISO Commercial Risk Services, Inc. • 3000 Executive Parkway • Suite 510 • P.O. Box 5126 San Ramon, CA 94583-2300 • (510) 830-8778 • FAX. (510) 830-4691 R E C 1VE—n March 15, 1995 CITY ADMIN. OF KENH3 Mr. Thcmas J. Manninen, City Manager City of Kenai. 210 Fidalgo Street, #200 Kenai, AK 99611-7794 Dear Mr. Manninen: We wish to thank you, Chief 3urn ett and others for the cooperation given to our representative during our recent survey. We have completed our evaluation of the fire insurance classification for your city and advise that the protection class has changed to Class 3. Formerly Class 5 applied; the new classification may have a favorable effect in the property insurance premium calculation for many insured properties within the city. The new classification will be effective on May 1, 1995. The purpose of our visit was to gather information needed to determine a fire insurance classification which may be used in the calculation of property insurance premiums. This survey was not conducted for property loss prevention or life safety purposes and no life safety or property loss prevention recommendations will be made. The change from Class 5 to Class 3 may have a favorable effect on residential properties and typical mercantile properties to a degree depending upon the type of building construction, occupancy and other property insurance premium calculations. The change may also reduce property .insurance premium calculations for sprinklered properties. This applies only for insurance companies using ISO property insurance premium calculations. However, numerous insurance companies use other than ISO property insurance premium calculations so that the effect of the change in class may be different for their policy holders. The city classification applies to properties with a needed fire flow of 3500 gpm or less. The private and public protection at properties with larger needed fire flows are individually evaluated, and may vary from the city classification. Page 2 We are attaching a copy of our Classificaticn Details and the results of the hydrant flow tests witnessed during our survey. Extra copies of this letter and attachments are also enclosed so that you may distribute them to other interested parties, if you desire to do so. If you have any questions concerning the new classification, or the resulting change in property insurance premium calculat_ons, please let us }mow. Very truly yours, J. t Blanche Assistant Manager Enclosures jkb/ver ctie"�a� �ieritaye�q�dT 1�o -8o"?,00 Homer. A5 907) 235 5263 March 15, 1995 Carol Freas, Clerk City of Kenai 210 Fidalgo Avenue, Suite 200 Kenai, Alaska 99611-7794 Dear Ms. Freas, coPl- N LO W `fae6z�a�LG Enclosed please find a flier advertising Kachema . Heritage Land Trust's up -coming Conservation Options and Tax Incentives for Landowners series of workshops. This information will be valuable to many Kenai landowners, including Kenai River landowners. We ask you to please see that each City Council member gets a copy of this flier. We are always happy to answer any questions. Thank you for your time. Sincerely, Barbara Seaman President 0 3 Boz Z4pp A'fomer. /��sk4 (907) 235-5263 FINALLY... An opportunity to learn about the practical and financial aspects of land conservation In April, 1995, Kachemak Heritage Land Trust in Homer will present a spring conference -- Preserving Family Lands: Conservation Options and Incentives for Landowners Featured speaker Stephen J. Small, Esquire, is a land conservation consultant who captivates audiences nationwide with his remarkable ability to convey practical information on complex issues. Guest speaker Thomas Haensly serves as Coordinator of the Northwest. Land Trust Project, a program to deliver plot training workshops and to develop long-term coordination and technical assistance for land trusts in the region. Tuesday, April 11, 1995 9:30-11:30 a.m. Thinking about Starting a Land Trust? Introduction and Overview with Tom Haensly 12:00-1:00 p.m. A Case for Land Trusts: Chamber of Commerce Business Luncheon presentation by Stephen J. Small 1:30-5:00 p.m. Land Trust Nuts and Bolts Workshop for Conservation Leaders with Stephen J. Small 5-6:30 Dinner break 6:30-6:30 p.m. Conservation Options and Incentives for Landowners: Introduction for Landowners with Stephen J. Small Tuesday's workshops and presentations are all free of charge Friday April 14, 1995 9:00-3:00 p.m. Conservation Options and Incentives for Landowners: Seminar for Professionals with Stephen J. Small Alaska Siberian Travel and Aurora Travel will offer special airfare, room and Homer tour/ activity packages to conference participants --call them for details at 235-8337 (AST); 235-2111 (Aurora Travel). Fish, kayak, sightsee--have fun while you're here! Register for Tuesday's free workshops and presentations by calling KHLT at 235-5263. Friday's seminar, geared toward professionals, qualifies for continuing education credit through the Kachemak Bay branch of Kenai Peninsula College, a division of University of Alaska Anchorage. Registration deadline is March 30, call KPC at (907)235-7743. Cost is $75. This conference is being funded by the Wilburforce Foundation, the Skaggs Foundation. Kenai Peninsula College and the National Park Service. Legislative Bu ✓M"V lie -tin Bulletin # 19.4 March 17, 1995 Participation in the Legislative Conference is Critical March 27-29, Juneau AMBSChange A strong show of municipal support is crucial to gaining legislative support of a broad package of municipal legislation including: Proposed to • SB 20 - Consolidates Municipal Assistance and Revenue Sharing Emphasize into the Municipal Basic Services Program to preserve minimum levels of state assistance to municipalities. Public Safety • SB 96 - Prohibits future unfunded state mandates on munici- palities either by statute, bill, or regulation. Eliminates the Perception . HB 185 - Reduces the mandatory property tax exemption on of "Winners and Losers" senior citizens from $150,000 to $75,000 and allows municipalities In November, the AML members the option to adopt a higher exemption based on need. approved the new Alaska Municipal • HB 86 - Provides municipalities the option to place "flat" taxes Basic Services Program (AMBS) on personal property. based on a request for a return to FY • New legislation to allow municipalities to increase the Municipal 94 funding levels (a 13.9% increase Motor Vehicle Registration Tax every two years instead of waiting over the FY 95 level). The Governor's for state statutory changes is being considered. proposed budget reduces the FY 95 . Long Range Fiscal Planning Commission - includes provisions to funding for the program by 1.3% and include municipalities in the planning process. the legislature is also considering cuts in the state budget. A number of communities do not The adoption of this package can only be achieved with your support. The support AMBS without the requested legislature needs to see a large number of determined municipal officials "on the restoration of FY 94 funding. WE hill„ during the AML1ACoM Legislative Conference. NEED A PROGRAM CHANGE The Alaska Municipal League and Alaska Conference of Mayors' 1995 An - THAT ALL MUNICIPALITIES nual Legislative Conference starts March 27-29 in Juneau. A legislative update STRONGLY SUPPORT AND and lobbying training will begin on Monday, March 27. at 1:00 p.m. The Alaska THAT ENCOURAGES THE LEG- Muncipal League Board of Directors will meet on Monday evening at 5:00 pm. ISLATURE TO PRESERVE FY On Tuesdav, March 28. the AML Legislative Committees will meet to discuss 95 FUNDING! current legislation and formulate positions for the League. The Alaska Conference of Mayors will also meet at 9:00 a.m. on Tuesday. Legislative leaders will join (continued on page 2) everyone for lunch to talk about funding for municipalities and the budget process. The afternoon will be devoted to visits on the hill to talk directly with legislators. A joint municipal reception will be held Tuesday evening at the Baranof. See page 9 for registration information. _ -Register today! 217 Second Street, Suite 200, Juneau, Alaska 99801 - Tel. (907) 586-1325, Fax (907)463-5480 +_ ® New AMBS Proposal (continued from page 1) Officers The following proposal has been developed by the AML's Municipal Aid Working Group (MAWG): Donald Long, President Mayor, City of Barrow Joe Murdy, 1st vice President Consolidate the current Municipal Assistance and State Revenue Sharing Assembly Member, Municipality of Anchorage Programs into one integrated and improved program. Most of the improved Helen Wade, 2nd vice President AMBS provisions (Senate Bill 20), except the new allocation formulas, would Council Member, City of Valdez be retained. • Retain the basic formulas of the current Municipal Assistance and State Rev - Directors enue Sharing Programs to eliminate significant shifts in funding between Elmer Armstrong, District s communities that create the perception of "winner and loser" communities. Assembly Member, Northwest Arctic Borough Improve the current formulas instead of creating totally new ones at this John C. Gonzales, Director at Large Mayor, Denai Borough time. However, the Gross Business Tax Hold Harmless would "float" with "per Tom Greene, District 10 the capita" and "revenue sharing" allocations, instead of remaining con - Council Member, city of Nondalton stant. This would have a very small impact on allocations to municipalities. Robert Knight, District 6 but would improve the overall equity of the formulas. Mayor, city of Nenana Buford Instead of tying the allocation of funds to municipal basic services, the nm McComas, District 9 veCd Member, city Bethel proposal would require the expenditure of funds to M unicipal Public Safett Da Dave Carlson, District 1 Services (Police, Fire, Emergency Medical Services, Health Services, Water Council Member, city of Petersburg and Sewer, and Road Maintenance). This would more effectively tie the Rosemary Hagevig, District 2 Assembly Member. City and Borough of Juneau program into the highest priority public services in an effort to preserve cur - rent and future funding levels. Currently, James BookIII, District 3 the Municipal Assistance and Rev - Council member, City of Kenai enue Sharing funds are not allocated to any particular use. Consequently. George they are easily subject to budget cutting. This provision meets the origins Carte, Past President Mayor, City of Palmer goal of tying the program to specific basic municipal services that the legis- Leo Rasmussen, Past President rat= and administration want to support. Council Member, City of Nome reate C,000 minimum entitlement that would provide a base L. .om- a $40 L.es. Betty Glick, Past President Assembly Member, Kenai Peninsula Borough munitiTwenty-nine communities would receive increases up to the mini - mum entitlement at an additional cumulative Jerome M. Selby, Past President cost of about $140,000. This Mayor, Kodak island Borough provision would have a minimal n p azg negative un act on the allocations to 1 ei communities. Gaye Vaughan Alaska Association of Munkoal Clerks Maintain minimum funding for volunteer fire departments and unincorpo- Paul Day rated communities in the unorganized borough. Alaska municipal Management Association Gerald Lee Sharp To Summarize: Alaska Municipal Attorneys Association Erring Nelson • Current Municipal Assistance/ Revenue Sharing allocation formulas are Municipal finance Officers Association retained and "cleaned up", • There are no "winner or loser" communities. Alaska Municipal League staff: • The program is tied to direct PUBLIC SAFETY services that the legisla- Kevin Ritchie, Executive Director Julie Krafft, Director of Member Services ture and administration want to support. Jeanne McRoberts, Business Manager Susan Bebahani, Secretary Alaska Municipal League 217 Second Street, Suite 200 Juneau, Alaska 99801 907-586-1325 907-463-5480 (fax) The AML Legislative Bulletin is published twice permonth while the Alaska State Legislature is in session (January through May). After the session, it is replaced by The Tguchstone, which is published monthly from July through De- cember. One copy of each of these publications is sent free to member munici- palities, Associates, andAfliates. Additional copies are available to AML mem- bers at a cost of $35 per subscription to the same address. Advertising space is available at $4.50 per column inch and discounts, available to members and for contracts of a year or longer. Listings of job opportunities in AML member municipalities are published free of charge as a membership service. AML Legislative Bulletin # 19-4 Municipal News wil"11111"IN Congress Clears Mandate Relief Clearing the way for the President to sign the mandate relief bill into law, the House voted 394-28 on March 16 to ap- prove the mandate relief compromise (S.1), an agreement reached between House and Senate conferees last Friday. The Senate voted 91-9 to approve the measure on March 15. The President may sign the bill as soon as March 22. Under the new law, which is scheduled to take effect Octo- ber 1, 1995, Congress will be required to provide funds to pay for any new man- date or take a separate recorded vote to waive this requirement and impose the cost on state and local governments. Leg- islation pertaining to constitutional or Al rights, national emergencies, and ..,ational security would be exempt. from NACo Legislative Bulletin Costal Management Grants The Annual Alaska Costal Manage- ment Program (ACMP) grant applica- tions have been sent to all coastal dis- tricts. There is $1.1 million expected to be available for FY 96. Applications must be postmarked no later than April 14. Award decisions are expected by May 31, with award letters to follow. Eligible tasks are divided into two groups - required tasks and special projects. Required tasks and on -going planning projects (projects started in FY 95 that continue into FY 96) do not re- quire a match, but all other special _projects require a match of at least 25%. you have participated in previous years and haven't received an application, or if you need assistance, contact Nelda Warkentin at 269-4500. Notes from the AML Executive Director Kevin C. Ritchie Reasons Why Everyone Should Support Stable Funding For Municipalities Here are a few reasons to give your legislator and the public to support stable funding for Municipal Assistance and State Revenue Sharing (MA/SRS) or AMBS: • Cutting of MA/SRS raises taxes. In fact, cuts in the past equal 2 to 6 mills of property tax in most communities. Cutting MA/SRS takes police off our streets and reduces other critical basic community services. • Communities have already "given at the office." MA/SRS cuts have been 55% or $75,000.000 since 1986, while the state operating budget has increased moderately. Long Range Fiscal Planning Commission The Governor and Legislature have appointed members to the Long Range Fiscal Planning Commission and the AML offer of assistance has been accepted. After all, municipalities are critical partners with the state and most communi- ties have already developed their own long range fiscal plan. The Commission needs your help in planning and public participation. The most critical element of this process will be public pressure to actually imple- ment the recommendations, which will preserve Alaska's greatness for our chil- dren. Call Kevin or Julie at 586-1325 if you want more information or wish to volunteer to help. Governor Considers New RIP Program The Governor is developing a new early retirement program to help reduce the cost of government. The program would apply to local governments. It will likely require that savings be shown on each participation position. Call Kevin at 586-1325 if you wint further information. AML Legislative Bulletin # 19-4 Position Vacancies City Manager, City &Borough of Yakutat. (pop. 691) Mandatory pre- requisite: minimum of five years as an Alaska municipal manager. Exceptions will not be considered. Present man- ager is retiring. Salary DOE. Open un- til filled. Submit resume to: Borough Clerk, City and Borough of Yakutat. P. 0. Box 160, Yakutat, Alaska 99689. City Manager, City of Kodiak. A beautiful island community (pop. 7,500. service area pop. 15,000). De- gree in Public Administration, or re- lated field, or proven administrative abilities and a minimum of five years in a municipal government administra- tive capacity or equivalent. Masters degree desirable. Starting salary open depending on qualifications and expe- rience. Current Manager retiring at $69,000. Apply by March 31. Send resume to City Clerk. P.O. Box 1397, Kodiak AK 99615. The City of Kodiak is an equal opportunity employer. Women and minorities are encouraged to apply. Risk Control Manager -Alaska Mu- nicipal League Joint Insurance As- sociation, Inc. - $42.823 - 50,861 DOE. The Alaska Municipal League Joint Insurance Association, Inc., a public entity risk management pool, is seeking qualified candidates for this full-time position. The Risk Control Manager assists in executing and co- ordinating the property -casualty risk control program for an association serv- ing 94 Alaskan municipalities and school districts. Position involves ex- tensive travel and marketing the Association's services to participants and prospective participants. Minimum qualifications: Degree in Industrial Safety or related field and/ or three years experience in property/ casualty loss control. Good oral and written communication skills required. Experience with municipal operations. risk management pools, and law enforce- ment experience preferred. Insurance marketing and computer experience de- sirable. Must have vehicle for loss con- trol travel to member municipalities in and around southcentral Alaska. Position will be open until filled. Send resume and three professional references to Director of Risk Management. AML/ JIA, 626 F Street, Suite 100, Anchor- age, Alaska 99501. City Manager - City of Bethel. (Pop. 5009) Management of approximately 100 full-time employees, with an opera- tions budget of $5 million. Council/ Manager form of government. Qualifi- cations: previous experience as city man- ager desirable or similar experience ac- ceptable; advanced degree in public ad- ministration or a degree in business/fi- nance or equivalent experience pre- ferred. Must submit to crimmal/credit history scrutiny. Salary: negotiable up to $70,000 plus benefits, DOE. Closing date: March 31, 1995. Send resume to City of Bethel, Citv Clerk, P. 0. Box 388. Bethel, Alaska 99559. EEO employer. Police Officer - City of Sand Point. The City of Sand Point (pop. 1,095) is seeking qualified individuals for police officer. Must meet APSC standards, prefere APSC cert. Salary DOE. Send resumes to: City of Sand Point, P. 0. Box 249, Sand PoinL Alaska, 99661. phone 907-383-2696. Open until filled. Knowles Says House Budget Actions Endanger Public Safety The failure of the state House t• approve adequate funding for severa state agencies could result in the pre mature release of inmates from state an� community jails, less time spent o criminal investigations by state Troop ers and turning away patients fror Alaska Psychiatric Hospital, accordin. to the Knowles administration. "Alaskans deserve to be safe in ou homes and on our streets, but we won be safe with poor public policy deci sions," Gov. Tony Knowles said. "Thi administration is more than willing ti cooperate with the Legislature on rc sponsible budget cuts. But short-sighte: cuts forcing the premature release c criminals in not the proper course." At issue is the House's actin- +o re duce the administration's req. . fo supplemental funding for Fiscal '9. from $67.4 million to $48.8 million. Th funds are needed to fill budget gaps i vital state programs left by the previou administration and last year's Legisla ture. Knowles said the most serious cut. are to the following public safety pro grams: • Corrections. The House cut $6.: million from the administration's re quest to adequately manage the state'. prisons. • Public Safety. The House cu $682,400 from this department's reques to full fund jails in 15 communities Through contracts with municipalities the jails house those arrested on star, charges, including murder, rape, ant burglarv. • Health and Social Services. Th, House failed to fund $1.4 millior-+n rui the Alaska Psychiatric Hospita An chorage, which houses 60 mentally i) people. LUZ Legislative Bulletin # 19-4 4 New Bills Introduced (,t nis tisung rejiects legislation that affects municipalities - Jor a complete list of all bills, contact your local Legislative Information Office) In the Senate SB 107 - Relates to general grant en- titlements for the Denali Borough. Introduced 3/3/95 by Senator Mike Miller, referred to CRA, RES. SB 124 - Relates to the human services community matching grant program. Introduced 3/10/95 by Senator Mike Miller, referred to CRA, FIN. In the House HB 10 - Relates to payment for emer- gency services responding to certain motor vehicle accidents. Introduced 1/16/95 by Representative John Davies, referred to STA, JUD, FIN. First hearing on March 18. This bill requires persons convicted of driving under the influence and involved in an accident requiring emergency ser- vices to pay for those services. CS HB 28 - Relates to the possession of weapons within buildings of, grounds of or on the parking lots of preschools. elementary, junior high, and secondan, schools or while par- ticipating in a school -sponsored event. Introduced 3/14/95 by Representative Con Bunde, referred to FIN. HB 222 - Allows a local bidder pref- erence in certain contracts for school construction. Introduced 3/3/95 by Representative Al Vezey, referred to HESS, L&C. HB 223 - Relates to joint insurance ar- rangements. Introduced 3/3/95 by Representative Ivan Ivan, referred to CRA- L&C. HB 247 - Relating to election of mu- nicipal governing bodies and munici- pal school boards. Introduced 3/9/95 by Representative Al Vezey, referred to CRA, HESS. STA. HB 248 - Relates to application of the Public Emplovment Relations Act to municipalities and other political sub- divisions. Introduced bv Representa- tive AI Vezey, referred to CRA_ STA. FIN. HB 250 - Relates to the mandatory in- corporation of certain boroughs and to annexation of certain areas in the un- organized borough. Introduced by Representative Norman Rokeberg, re- ferred to CRA, STA, FIN. House of Representatives - H Senate - S State Affairs - STA Community and Regional Affairs - CRA; Health. Education, and Social Services - HES; Labor and Commerce - L&C: Finance - FIN; Resources - RES; Judiciary - JUD: Transportation - TRANS House Special Comm. on Fisheries - HSCF House & Senate Actior (since the last Legislative Bulletin) In the Senate SB 56 - Rights in certain tide and submerged land. Introduced by Senator Leman. Passed S RES and moved to S FIN. Companion to HB 20. SB 65 - Expands the services that may be offered by an electric co- operative to include direct satellite television, sewer, water, or gas ser- vices when authorized by the Alaska Public Utilities Commis- sion. Introduced 2/3/95 by Senator John Torgerson. Passed S L&C and referred to FIN. SB 80 - Relates to police protection services areas in unified munici- palities. Introduced by Senator Reiger. Passed S HES and referred to FIN. SB 92 - Requires activities of the Alaska Housing Finance Corpora- tion be subject to the Executive Budget Act. Passed S FIN and re- ferred to S RULES. HB 20 - Rights to certain tide and submerged land. Introduced by Representative Moses. Passed H FIN and referred to H RULES. Com- panion bill SB 56. (continued on page 6) AML Legislative Bulletin # 19-4 Pare 5 (continued from page 5) In the House CS HB 21 - Relates to revocation of a driver's license for illegal pos- session or use of a controlled sub- stance. Introduced 2/10/95 by Rep- resentative Brian Porter, passed the House and referred to Senate. Com- panion bill to SB 82. HB 79 - Allows DNR to quitclaim land to a municipality to correct er- rors or omissions of a municipal- ity. Introduced by Representative Mackie. Passed the House and re- ferred to S FIN. HB 80 - Relates to approval, change, or vacation of subdivision plats in ares outside organized bor- oughs. Passed H FIN and referred to H RULES. Municipal Calendar �; f w % March 26-30 Alaska Association of Municipal Clerks, 1995 Institute. Anchorage. Early registration is $225.00, after March 18. cost is $275.00. For more information. call Tonv Nakazawa at 276-2433. March 31 Alaska Association of Municipal Clerks 1995 Annual Meeting and Banquet. For more information, call Gave Vaughan at 262-8608. March 27-29 AML/ACoM Annual Municipal Legislative Conference and Legislative Reception, Juneau. For more infor- mation, call Julie Krafft at 907-586-1325. March 29-31 15th Annual Governor's Safety and Health Conference. For more information, contact Rebecca Custard at 907- 269-1416. April 19 - 20 Management Issues & Law Enforcement Seminar, An- chorage Hilton. No charge. For registration materials, please call Kevin Smith at 586-3222. HB 86 - Municipal Property Tax. April 19 AMLIP Board Meeting, 10:00 a.m. via teleconference. Cali Passed the House and referred to Sen- 586-1325 for more information. ate. HB 120 - Relates to indemnifica- tion of public employees. Intro- duced by Representative Porter. Passed House and and referred to S JUD. HB 140 - Relates to surety bonds required of certain fish processors. Introduced 2/l/95 by Representative Alan Austerman. Passed House and referred to S RES. Don't Forget! The 1995 Annual Legislative Conference is March 27-29 in Juneau. Register now and show the Legislature we are serious about protecting municipalities! April 21 AML/JIA Board of Trustees meeting, Anchorage. Call 258-2625 for more information. April 27-29 4th Annual NLC-RISC Pool Trustees Workshop, Key West. Florida. For more information, contact Steve Wells at 1-800-337-3682. Mav 10-13 WIR Conference, St. George, Utah. May 3-5 Municipal Finance Officers Association of Alaska. 1995 Spring Conference, Girdwood. Early registration is $90 for MFOAA members and $130 for non-members. After April 21, cost is $115 for members and $155 for non-mem- bers. For more information call Judi Slajer at 907-459- 1370. Mav 21-25 International Institute of Municipal Clerks 48th Annual Conference, Louisville, KY. Contact IIMC at 909-592- 4462 for more information. May 24-26 Alaska Management Institute - cosponsored by the University of Alaska and AML. Call Kevin Ritchie for more -information at 586-1325. AML Legislative Bulletin # 19-4 6 What's Cookin?? The Alaska Municipal League would like to invite vour municipal- ity to contribute recipes to the AML Cookbook. We would like to have recipes that reflect the diversity of Alaska's people and its culture. Is there a berry that is only found in your area that makes a tasty jam? Is there a particular way that you like to cook salmon, halibut or clams? How do you prepare or serve whale meat or any other type of meat? Do you have certain type of plant that is indig- enous to Alaska or your area that you use in your food preparation? Municipal chefs will receive a copy of the cookbook and their name and municipality will be listed with the recipes. Please send your recipes to: Alaska Municipal League Cook- book. 217 Second St., Suite 200 , Juneau, Alaska 99801 or fax them to (907) 463-5480. Save Money on Advertising,,';'; '. The Alaska Municipal League is pleased to offer a new advertising opportimity for professional services. We will now publish a business card ad for just $35.00 to be placed in the AML Legislative Bulletin (January - May) or The Touchstone (June - December). Alaska Municipal League publications reach hundreds of local government de- cision makers throughout the entire state of Alaska. By advertising with the League, you will be able to get your message statewide for an exceptional price. For other advertising needs, the Alaska Municipal League publication rates are as follows: Ad Size Dimensions Cost per Issue Full Page 7.5" x 9.5" $321.00 Half Page 7.5" x 4.5" 152.00 Other 4.5" x 5.0" 101.00 2.25" x 5.0" 51.00 2.25" x 2.0" 25.00 Classified Ad .25 word Free to AML members BUSINESS CARD 3.5" x 2.0" 35.00 Discounts available: 10% discount for Associates & Affiliates 5% discount for one year (18 issues) commitment Camera-ready advertisments must be received at the AML office one week prior to publication. Please call Julie Krafft at 586-1325 for publication dates or more information. Professional Services HOUSE &ASSOCIATES A ft*A kmW Cotparnion REAL ESLIiE DEVE LOPNINr d GWERNNMN ISLL RElAnom AM HOUSE Ftrs;dem 114 south Frankbn Sweet Tfbmgie Buiwft Sake 207 OM 586 3698 luoemAatta 99801 Fa: (907) 5e6.3889 Bulletin #19-4 7 FOR SALE Municipal Garage Sale One community's old equipment may be another community's treasure. This space will be devoted to sales and exchanges between communities. If you are looking for equipment, advertise your need as well. Advertisements will cost 3% of the sales price up to $50. For example, it would cost $6 on a $200 sale. There will be no charge for advertising free equipment. As a start, the Alaska Municipal League currently has excess office equipment that may be of use to members. If you are interested in any of the equipment (for the cost of shipping) listed below, please call the AML office at 586-1325. 1 Pitney Bowes Postage Meter Base - Model #5460 2 286 IBM Computers with hard drive and monitors 1 Silver -reed 8750, manual typewriter, portable, w/carrying case 1 IBM Selectric Typewriter (needs some repair) 1 Epson Printer LX-800 2 Boxes of IBM toner for series III copy machine 1 Radio Shack answering machine in good working order Printer Sharing Devices - Logical & Multilink Miscellaneous cartridges for IBM Selectric Typewriter AML Legislative Bulletin # 19-4 Alaska Municipal League and Alaska Conference of Mayors Annual Municipal Legislative Conference "The Year of Change" March 27, 28, 29,1995 - Baranof Hotel, Juneau .......................................................... Attention Local Leaders: • The Alaska Municipal League and Alaska Conference of Mayors • • invite you to attend the 1995Annual Legislative Conference.: There are • many critical issues on the table and we must show the Legislature that ; we are united in our efforts to protect funding for municipalities , The • cost for the conference isonly$50. Please make plans to attend this • irnportantevent! . Tentative Agenda Monday. March 27 1:00 p.m. - So n.m. 1:00 p.m. Welcome/Introduction 1:30 p.m. Status of current municipal legislation 3:00 p.m. Workshop on Fundamentals of Effective Lobbying - Dr. Clive Thomas 5:00 P.M. AML Board of Directors meeting Tuesday. March 28 9:00 a.m. - 7.00 o m ,:30 a.m. Coffee and Rolls 9:00 a.m. Policy/Legislative Strategy: Transportation/Utilities/Environment Health & Safety Land Use/Resources/Economic Development Taxation and Finance Education and Local Government Powers 9:00 a.m. Alaska Conference of Mayors Business Meeting - Gastineau Suite Noon Lunch - Administration and Legislative Leaders 1:00 P.M. Presentations by Legislative Leaders 2:30 p.m. Alaska Municipal Management Assoc. Business Meeting - Gastineau Suite 2:30 p.m. Organize into lobbying teams 3:30 p.m. Teams meet with Legislators 5:30 p.m. MUNICIPAL LEGISLATIVE RECEPTION Baranof Hotel Wednesday, March 29 8.00 a.m. - 3.00 p.m. 8:00 a.m. Lobbying teams continue meetings with Legislators 1:00 P.M. Reconvene to report results of meetings Register to participate by completing the form below and mailing it with your check for $50, to AML, 217 Second Street, Suite 200, Juneau, Alaska 99801. The fee covers coffee, snacks, lunch on Wednesday, materials, and the reception. Hotel rooms have been blocked at the Baranof ($69/79) and Westmark Juneau ($79/87). For hotel reservations, call 1-800-544-0970. Call 586-1325 for more information. r- - - - - - - - - - - - - - - - - - - - I Please register me for the Annual Legislative Conference - March 27-29, 1995, in Juneau. I I Name _ Title _ I Municipality I I Address Ci{y Zip I I i Phone Number_ Amount Enclosed I L------------.---------------- I AML Legislative Bulletin # 19-4 Page 9 A Special Thank You A number of Alaska Municipal. League Associates are helping sponsor the ACoM/AML Annual Local Govern- ment Conference and Reception. We wish to acknowledge their generous sup- port and urge members to remember their contributions to the League and local governments when soliciting services. Htcks, Boyd, Chandler & Falconer Mikunda, Cottrell & Company Simpson, fillinghast, Sorensen &' " Lorensen, P. G Phil A. Younker & Assoc, Ltd HDR Engineering, Inc Northern Adjusters, Inc, First National Bank of Anchorage 1 What's Inside . . Participation in Legislative Conference is Critical ...........Page I AMBS Changes ................Page 1 Notes from the Executive Director......................Page 3 New Bills Introduced by the Legislature .................Page 5 Municipal Calendar.............Page 6 Save SS on Advertising ...........Page 7 Municipal Garage Sale.......... Page 8 ALASKA 1V1 EAMUNICIPAL LEAGUE 217 Second Street, Suite 200 Juneau, Alaska 99801 (907)586-1325 First Class Mail Carol Freas City Clerk City of Kenai 01 210 Fidalgo Avenue, Suite 200 Kenai, Alaska 99611 Dated Material - Please Copy and Distribute Immediately Legislative Bulletin 19-4 CITY OF KENA`,°" If 41 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 bv*Vwd �rr.tcw 1992 March 29, 1995 Gary Foster Lynden Transport HC-01 Box 23 Kenai, AK 99611 Thank you for the generous donation of plants you recently gave the City of Kenai. The theme for this years planting season is "Citizens for a Beautiful Kenai". It is companies like Lynden Transport who make this type of beautification effort possible. Again, thank you for your generous contribution. Sincerely Kayo McGillivra Y Y Parks and Rec Director cc: Beautification Committee CITY OF KEG�4- 9 Od CapiW 4 A"&a#6" 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 rear 1�II�1 1"2 MEMORANDUM To: Kenai City Council / Through: Thomas J. Manninen, City Manager Through: Keith Komelis, Public Works Director From: Robert Springer, Building Official Date: March 29, 1995 Subject: HOUSES FORMERLY OWNED BY VIVIAN SWANSON ON 2ND AVE: GOVT LOT 128 For: City Council Meeting of April 5, 1995 It was brought to my attention last July (94), there were abandoned houses located on 2nd Ave. Gov't Lot 128. Upon investigation I found the houses were unoccupied and appeared to have been vacant for several years, and were in a possible hazardous condition. I looked into having these houses abated, but discovered they were owned by the City. After consulting with the City Attorney, I had them boarded up, to avoid the possibility of an individual being hurt in them, leaving the City open for a liability suit. At Council's direction I investigated these two houses again on March 28, 1995 and found them to still be vacant and boarded up. After all controversy is cleared up, I intend to pursue abatement procedures regarding these structures. cc. Cary Graves, City Attorney - Pwrw -w - I% e 0 LEGEND 1 1 , I so ;� al I at i. _ ECOR —_ jm-.as 1%4/ I sa J � 122/` r l IV I too (!1 l �, - r,—t � �ll{r• a i �• f )23= 124 123 � 1 2 1 173 11 174 I I �Pwutt cowff,K JL �- �� �� •; , s _ SCALE, I•■ 100' ...� Q. -Pwm ,.. rmt *•+w w...• — w.....••, r . w.w * w %ofto .�.. ,.. ,b eye He � � +...r °""" a �..•. r M '- WN, VVR ItY 1 LIT YIt11.t je — _ RIGINAL PHOTOGRAPHY, AUG. 1979.....- ww M DATUM ii 4 '•'��-�. *nAL, ALAS" STATE PINE, ZONE 4 �+.+ w.� .... -- _ ! cr.�.. • • •"t • r. tw —� — Resource Development Council ? Fox, 276-3887 Phone, 276-0700276-07(MC3/30195 © i Your Comments Are Urgently Needed The U.S. Minerals Management Service (IvIMS) is accepting comments on the proposed Outer Continental Shelf (OCS) Lease Sale 149, located in lower Cook Inlet Alaska. The MMS is seeking comments addressing environmental, economic, cultural, and other possible impacts of off shore oil and gas development. Opponents of Lease Sale 149 have launched a vigorous campaign claiming Lease Sale 149 will lead to inevitable spills and chronic pollution from development. At a recent public forum in Homer, nearly 400 people turned out to oppose Lease Sale 149 alleging numerous environmental concerns. Several speakers even went as far to speculate that given the current price of crude oil, industry could not afford to develop the leases safely. Please send in your written comments, since even hysteria driven public comment will be a factor in the decision making process. It is critical the MMS receives a strong public response to counter the opposition. The deadline for public comments is April 19,1995. Written comments should be addressed to: Ms. Judith C. Gottlieb, Regional Director M14S, Alaska OCS Region - Sale 149 949 East 36th Avenue Anchorage, AK 99508-4302 Fax:907-271-6805 Important facts to consider using in your comments: • Recent studies byMMS and the Cook Inlet Regional Citizens' Advisory Council found no adverse impacts from Cook Inlet oil and gas operations. These findings are consistent with those of similar studies conducted since 1975. • All discharges from Cook Inlet facilities are closely regulated under the requirements of a U. S. EPA and NPDES permits. This permit is designed to ensure state andfederal water quality standards are met and the environment remains healthy. The state and the EPA agree the current permit meets these goals. • Oil and gas operators are under strict requirements to ensure the protection of birds and marine mammals under the Marine Mammal Protection Act and the National Environmental Protection Act. • All personnel involved in exploration or development are required to participate in an orientation program addressing how not to disturb archeological and biological resources and habitats. • A state andfederally-approved oil -spill contingency plan must be in place before any exploration or development takes place. . Many local concerns relative to Lease Sale 149 have been addressed. According to the I S, based on public input, certain areas have been removed from the original sale area and several mitigating measures have been introduced specifically responding to fisheries conflicts and oil spill concerns. • OCS Ieasing can play an important part in securing continued long-term investment by oil and gas companies in Alaska. As Prudhoe Bay production declines and on shore areas are off-limits, it becomes increasingly important to have adequate access to oil and gas reserves offAlaska's coast. • The presence of the oil and gas industry has stimulated the economies of many regions in Alaska, both directly and indirectly, creating jobs and the many associated benefits. The Kenai Peninsula, in particular, has greatly benefited from oil and gas development. • The OCS leasing program is also a significant revenue source for the Federal government. Given the budget gap facing the Federal government, oil and gas Iease sales can play an important role in curbing reliance on imported oil as well as increasing revenue streams for Washington D.C. 1791 - 1991 CITY OF KENAI . "Ocl Cgdat o f Aa,Aa Flkx FROM 0 210 Fidalgo, Suite 200 Kenai, Alaska 99611-7794 Phone 907-283-7535 Fax 907-283-3014 Date /1: �Tl / 9: 5 F — Number of Pages� AGENDA KENAI CITY COUNCIL - REGULAR MEETING APRIL 5, 1995 7:00 P.M. RENAI CITY COUNCIL CHAMBERS B. SCHEDULED PUBLIC COMMENT (10 Minutes) 1. Ted Knight - Cunningham Park Proposed Expansion. 2. Henry Knackstedt - Proposed Camping Area South of Floatplane Basin. C. 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. 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. The public is invited and participate. Carol L. Freas City Clerk COUNCIL PACKET DISTRIBUTION COUNCIL MEETING DATE: Mayor and Council Attorney Clerk Fire Department City Manager / K. Woodford J. La Shot B. Springer / L. Harvey Police Department Finance Kim Senior Center V Public Works / Clarion Library Airport Parks & Rec. AGENDA DISTRIBUTION Commissions Borough Clerk Chamber Airport(LH i Assembly (3) HEA Aging(LH) Public Wks. Sec. Animal Con rol Library( ) Public Wks. Shop Dock (Seas n) Harbor( ) Bldg. Maintenance STP Pks & R (LH) Bldg. Official Legal Sec. P&Z(LH) Streets HEA Anchorage News KSRM Dan Conetta, KPB Cen.Labor Planning Dept. Bulletin Board ARCO /Z54A 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.