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HomeMy WebLinkAbout1995-03-01 Council PacketKenai City Council Meeting Packet March 1, 1995 AGENDA RENAI CITY COUNCIL - REGULAR MEETING MARCH 1, 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) C. PUBLIC HEARINGS 1. Ordinance No. 1628-95 - Increasing Estimated Revenues and Appropriations by $73,500 in a New Capital Project Fund Entitled "C.A.P. Taxiway and Apron." 2. Ordinance No. 1629-95 - Increasing Estimated Revenues and Appropriations by $40,000 in the General Fund for Legal Expenses Related to Inlet Woods Special Assessments. 3. Ordinance No. 1630-95 - Increasing Estimated Revenues and Appropriations by $11,243 in the General Fund for Additional Overtime and Benefits in Several Public Works Departments. 4. Ordinance no. 1631-95 - Amending KMC 11.20.160(a)(2) to Set Lease Rates of Tidelands at Six Percent (6%) of Fair Market Value and to Clarify Meaning. 5. Ordinance No. 1632-95 - Establishing KMC 11.20.790 Setting the Annual Lease Rate of Shore Fishery Tidelands at $300 and Setting policy for Shore Fishery Tideland Leases. 6. Resolution No. 95-7 - Transferring $3,100 in the General Fund for Additional Transportation Expenses in the City Manager Department. -1- 7. Resolution No. 95-11 - Transferring $1,505 in the General Fund for Travel Expenses for Attendance at a Maintenance and Repair Seminar on Fire Aerial Devices. 8. Resolution No. 95-12 - Awarding a Contract to Applied Concepts, Inc. for the Purchase of Four Hand -Held Police Traffic Radars. 9. Conditional Protest Release and 1995-96 Liquor License Renewal - Rainbow Bar and Grill 10. *1995/96 Liquor License Renewal - Peninsula Oilers - Recreational Site. 11. *1995/96 Liquor License Renewal - BPO Elks Lodge #2425 - Club. 12. *ABC Application for Restaurant Designation Permit - Mr. D's - Beverage Dispensary. 13. *1995 Games of Chance and Contests of Skill Permit Application - Alaskan Independence Party. 14. *1995 Games of Chance and Contests of Skill Permit Application - Mt. View Elementary School PTA. 15. *1995 Games of Chance and Contests of Skill Multiple - Beneficiary Permit Application - Multiple Charities Association Co -Op. 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 F. 1. *Special Meeting of February 8, 1995. 2. *Regular Meeting of February 15, 1995. 1. *2/24/95 E. Rinner letter regarding the proposed Kenai River Overlay District. -2- G. OLD BUSINESS 1. Discussion - Wellness Program H. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $2,500 3. *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. 4. Approval - Kenai Peninsula Caucus Dues for the 1995 Fiscal Year - $727.00. 5. Discussion - Sand Dunes/Kenai Beach. 6. Demonstration/Discussion - Accessing the Internet. I. ADMINISTRATION REPORTS 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager J. DISCUSSION 1. Citizens (five minutes) 2. Council K. ADJOURNMENT -3- MAYOR'S REPORT MARCH 11 1995 COUNCIL MEETING REQUESTED CHANGES TO THE AGENDA BY: ADD TO: I-1, Mayor's Report - a. 3/1/95 Draft letter to public. b. 2/17/95 CRG opinion. WILLIAMS ADD AS: Information Item No. 15 - Economic Development District, EDD News of Note: from the desk of the Executive Director. MANNINEN ADD AS: Information Item No. 16 - Resource Development Council for Alaska, Inc. letter of 2/23/95. MANNINEN ADD AS: Information Item No. 17 - 3/1/95 TJM memorandum regarding Proposed Ambulance Fee Schedule and attachments. MANNINEN CHANGES TO THE CONSENT AGENDA ADD TO: C-15, 1995 Games of Chance and Contests of Skill Multiple -Beneficiary Permit Application - Multiple Charities Association Co -Op: a. Alaska Administrative Code, 12 AAC 34.200 b. 3/1/95 American Legion letter FREAS/ WILLIAMS ADD AS: C-161 1995 Games of Chance and Contests of Skill Permit Application - Alaska Independent Blind APPLICANT MAYOR'S REPORT COUNCIL MEETING OF '�" I9J :..: mm Uej "PIS) v i /G Rio M S v BANNOCK SMALLEY WILLIAMS BOORBY SWARNER MONFOR MEASLES G- / /(co - M S v BANNOCK SMALLEY WILLIAMS BOORBY SWARNER MONFOR MEASLES 8 v BANNOCK SMALLEY WILLIAMS BOOREY SWARNER MONFOR MEASLES J m=� N S v BANNOCK 4 SMALLEY WILLIAMS BOOEEY SWARNBR MONFOR MEASLES II x S v BANNOCK SMALLEY WILLIAMS BOOKEY SWARNER MONFOR MEASLES M S v BANNOCK SMALLEY WILLIAMS BOOREY SWARNER MONFOR MEASLES M s v BANNOCK SMALLEY WILLIAMS BOOREY SWARNER MONFOR MEASLES M s v BANNOCK SMALLEY WILLIAMS BOOREY SWARNER MONFOR MEASLES ©00 x x s v BANNOCK SMALLEY WILLIAMS BOOREY SWARNER MONFOR MEASLES Suggested by: Airport CommiSSlOii City of Kenai ORDINANCE NO. 1628-95 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $73,500 IN A NEW CAPITAL PROJECT FUND ENTITLED "C.A.P. TAXIWAY AND APRON". WHEREAS, the City desires to construct a paved taxiway and parking apron to serve the Civil Air Patrol (C.A.P.) hangar; and WHEREAS, this project may be financed with Airport money. 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 73 500 Increase Appropriations: Airport M & 0 - Transfers out J11,,500 C.A.P. Taxiway & Apron Capital Project Increase Estimated Revenues: Transfer from Airport 73 500 Increase Appropriations: Administration $ 1,000 Inspection 6,000 Construction 66,500 73 500 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 1st day of March, 1995. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: February 15, 1995 Adopted: March 1, 1995 Effective: March 1, 1995 Approved by Finance: (2/9/95) kl MEMORANDUM TO: Mayor Williams and City Coun ' THROUGH: Tom Manninen, City Manager Works air THROUGH: Keith Kornelis, Public ctor GE�� FROM: Jack La Shot, City Engineer DATE: February 6, 1995 SUBJECT: CAP Taxiway At the 11/23/94 Council meeting, the Kenai Airport Commission asked Council to support the construction of a paved taxiway and parking apron to serve the CAP hangar, using Airport funds. Council moved to support the project, but requested a soils investigation prior to expending funds. We have to date, completed the soils work and preliminary plans and specifications. Henry Knackstedt (engineer) and Roy Whitford (surveyor) have volunteered their time, being squadron members, to help prepare the project for bid. If Council chooses to go ahead with the project, Rachel and I will finish the design. The following cost estimate is based on excavating to natural sand (5' in this area due to the area being built up with other material). I will have Finance include an ordinance to appropriate funds for introduction at the 2/15/95 Council meeting, should Council decide to continue. Description Unusable Excavation Type III Type I Leveling Course Remove Existing Pavement AC Pavement Water for Maintenance Mobilization Existing Utilities JUkw Quantity 4370 CY 3640 CY 440 CY 2625 SY 245 SY 2475 SY 15 M.Gal. 1 Lump Sum 1 Lump Sum Unit Price $ 3.50 4.00 8.00 1.50 3.00 7.00 20.00 Total Construction Design Engineering Construction Inspection, Testing, Surveying Admin. (printing, advertising) Contingency - 10% Project Total $ 15,295.00 14, 560.00 3,520.00 3,937.50 735.00 17,325.00 300.00 2,000.00 2,000.00 $59,672.50 0 $ 6, 000.00 1,000.00 $66, 672.50 6,667.25 $73, 339.75 CITY OF KENAI Od 0,,� 4,414ai4a 11 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 kytys1 &A..ioar 1992 MEMORANDUM To: Kenai City Council From: Kenai Airport Commission Date: November 18, 1994 RE: Extension of Taxiway F to CAP Hangar The Airport Commission recommends using airport funds to construct a paved taxiway extension to the CAP hangar from the southerly end of Taxiway F and a parking apron of approximately 95' x 65' in front of the CAP hangar. Preliminary cost estimate is $50,000. Does the City Council wish to use airport funds and pursue this project? rA44cT -\ I Q� .• ` ,r \ CEMETERY WELL S/ C-3A. ? =o: i----------- --- g - 07 J� Q. •� F � r � _ W/( (0� 3 / R4C tb 4A tip \� CIVIL AIR PAIRUL KENAI COMPOSITE SQUADRON 700 First Ave KENAI , AK 996 283-7801 FAX 283-37i0 November 8, 1994 Kenai Airport Commission City of Kenai 210 Fidalgo, Suite 200 Kenai, Alaska 99611 Subject: Kenai Civil Air Patrol Taxiway Request for Funding for Taxiway Improvements Commissioners: The Kenai Civil Air Patrol (CAP) requests funding for extending the paving of taxiway "F" approximately 450' south to the CAP hangar. The CAP hangar is located on airport land which is reserved for CAP use. See the attached location map from the Kenai Airport Land Use Map. The CAP is an emergency response resource which helps support city, borough, state & federal emergency organizations. We are probably best known for our search and rescue efforts in locating downed or missing aircraft, but we also search for lost or missing hunters, hikers, fishermen and most recently have been working in support of the Alaska State Troopers. To succeed in our missions, it is imperative that we be able to launch our aircraft immediately since life and property may be in jeopardy. We believe the City of Kenai has a first class airport, however, we have the only taxiway on the airport which is not usable year round. For several weeks during the spring, we are unable to use our taxiway due to extreme muddy conditions. During muddy but marginally usable times we taxi our aircraft through the mud which causes some damage to propellers and other aircraft components. During dry times of the year, windy conditions prevail which tend to blow dust and sand from the CAP ramp area into the runway and taxiway system. According to the City Engineer it would be a very good idea to reduce the wind blown dust that is generated from our area. CAP Taxiway November 8, 1994 Kenai CAP Kenai Alaska I understand that the City may consider funding the project out of airport funds with Council approval. In our opinion it is in the City's best interest to fund this project for the betterment of the airport and the community CAP squadron. An engineer and a surveyor in our squadron have produced a preliminary design of the taxiway (attached). The taxiway will be 30' across and approximately 450' long with a small staging pad in front of the hangar. Our engineer member is willing to donate his time to work with the City Engineer and produce ready to bid plans and specifications. The design is already about 70% complete so little additional effort is needed. We estimate the construction cost to be approximately $50,000. This figure could vary depending on the final design. In donating our time, approximately $5,000 will be saved in design and survey fees. Please consider our request for present it to the City Council. Council meeting to discuss any may have. Sincerely, 4a'. ary Hunt Unit Commander cc: Col. Mike Pannone Wing Commander Attachments: Land Use Location Map Design Drawing this much needed taxiway and I will be available at the next questions that they and the Mayor Suggested by: City of Kenai ORDINANCE NO. 1629-95 Administrati�i. AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $40,000 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 $40,000 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 $40,000 Increase Appropriations: Legal - Professional Services $40,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 1st day of March, 1995. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: Adopted: Effective: Approved by Finance (2/10/95) kl February 15, 1995 March 1, 1995 March 1, 1995 Suggested by: Public Work_ City of Kenai ORDINANCE NO. 1630-95 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $11,243 IN THE GENERAL FUND FOR ADDITIONAL OVERTIME AND BENEFITS IN SEVERAL PUBLIC WORKS DEPARTMENTS. WHEREAS, the overtime budgets in several Public Works Departments have been depleted or will be depleted by the end of this fiscal year, as more fully explained in a memo from the Public Works Director accompanying this Ordinance; and WHEREAS, additional funds should be appropriated. 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 11 243 Increase Appropriations: Streets - Overtime $ 7,000 Streets - Medicare 102 Streets - PERS 334 Streets - Workers Comp. 475 7,911 Shop - Overtime 400 Shop - PERS 19 Shop - Workers Comp. 18 437 Public Works Admin. - Overtime 700 Public Works Admin. - Medicare 10 Public Works Admin. - PERS 33 Public Works Admin. - Workers Comp. 15 758 Animal Control - Overtime 2,000 Animal Control - PERS 95 Animal Control - Workers Comp. 42 2,137 TOTAL 11 243 Ordinance No. 1630-95 Page Two PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 1st day of March, 1995. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: February 15, 1995 Adopted: March 1, 1995 Effective: March 1, 1995 Approved by Finance: L�,3/,q (2/10/95) kl MEMORANDUM TO: Tom Manninen, City Manager FROM: Keith Kornelis, Public Works Director DATE: February 9, 1995 SUBJECT: Overtime In Public Works Public Works requests additional funds for unexpected overtime. STREETS + $7000 SHOP + $400 This budget was based on the many past years of relatively low snow fall. We have had record snow falls this year. We have also had snow falls on weekends and holidays, which causes additional overtime. The shop has been called in when needed to repair equipment during these snow falls, thus causing the shop to have additional overtime. We also had some after hour problems with the fuel pumps. PUBLIC WORKS ADMIN. + $700 A lot of the overtime in Public Works Admin. is from working on the Kenai Spur Highway project for DOT/PF. The city will be reimbursed for this work, but the funds will go into the general fund, not back into this account. We will probably need additional overtime to work on the contaminated soils projects, depending on when the contractors work. ANIMAL CONTROL +$2000 The case load for this 94/95 budget has increased more than we budgeted causing excess overtime. The Kenai Police Department has had more requests for service after hours than anticipated. The call outs for dog bites has increased substantially. The Chief Animal Control Officer will be unavailable for 7 weeks, thus additional overtime will be needed by his assistant. KK/kw cc: Charles A. Brown, City Finance Director Suggested by: Administi CITY OF KENAI ORDINANCE NO. 1631-95 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 11.20.160(a)(2) TO SET LEASE RATES OF TIDELANDS AT 6% OF FAIR MARKET VALUE AND TO CLARIFY MEANING. WHEREAS, lease rates are based on a percentage of fair market value; and WHEREAS, the percentage needed to derive a fair return is to be set annually by the City Council; and WHEREAS, historically the percentage has been set at 6% of the fair market value; and WHEREAS, it would be more efficient to set the rate at 6% in the Kenai Municipal Code, rather than the annual passage of a resolution; and WHEREAS, the last sentence of this section of KMC 11.20.160(a)(2) is unclear; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that KMC 11.20.160(a)(2) to amended as follows: (2) The actual rate of return determined to be a fair return to the City shall be set at 6% of fair market value. [ANNUALLY BY RESOLUTION OF THE CITY COUNCIL AND SHALL APPLY TO ALL LEASES THEREAFTER REQUESTED. THE EVALUATION SHALL DISCOUNT NOT ONLY STRUCTURAL IMPROVEMENTS MADE TO THE LAND BY LESSEE BUT IMPROVEMENTS MADE BY WAY OF GRAVEL OR OTHER APPROVED FILL PLACED ON THE LAND.] The appraisal shall not include structural improvements made to the land or improvements made by way of gravel or other approved fill placed on the land. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this day of March, 1995. John J. Williams, Mayor ATTEST: Carol L. Freas, City Clerk Introduced: February 15, 4995 Adopted: March 1, 1995 Effective: April 1, 1995 (2/10/95) sp Suggested b : City Cow gg Y tY CITY OF KENAI ORDINANCE NO. 1632-95 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ESTABLISHING KMC 11.20.790, SETTING THE ANNUAL LEASE RATE OF SHORE FISHERY TIDELANDS AT $300 AND SETTING POLICY FOR SHORE FISHERY TIDELAND LEASES. WHEREAS, KMC 11.20 is applicable to leasing of tidelands for shore fisheries; and WHEREAS, the lease rates for shore fisheries on state tidelands is different from that of on city tidelands; and WHEREAS, more uniform rates, terms and conditions for the use and leasing of tidelands for shore fisheries are desirable; NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that KMC 11.20.790 is enacted as follows: 11.20.790 Tideland leases for shore fisheries: (a) The annual minimum rental rate for tideland leases used primarily for shore fisheries shall be $300.00 per year. However, should the State of Alaska set an annual lease rate higher than $300.00 for similar tideland leases for shore fisheries on land owned by the State, the City may amend the annual rental to a rate equal to that charged by the State of Alaska. Any money owed pursuant to KMC 11.20.150 shall be in addition to the annual minimum set forth above. (b) KMC 11.20.160 shall not apply to tideland leases for shore fisheries. (c) The provisions of KMC 11.20.110 and KMC 11.20.130 requiring appraisals of tideland property shall not apply to leases of tidelands for shore fisheries. However, the survey privisions of KMC 11.20.110 are applicable to shore fishery leases. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this day of , 1995. John J. Williams, Mayor ATTEST: Carol L. Freas, City Clerk Introduced: Adopted: Effective: (2/10/95) sp February 15, 1995 March 1, 1995 April 1, 1995 �-6 Suggested by: City Manage City of Kenai RESOLUTION NO. 95-7 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA TRANSFERRING $3,100 IN THE GENERAL FUND FOR ADDITIONAL TRANSPORTATION EXPENSES IN THE CITY MANAGER DEPARTMENT. WHEREAS, the City Manager needs an additional $3,100 for travel to Juneau during the close of the current legislative session, and for other miscellaneous travel before June 30, 1995, and for his automobile allowance. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following budget transfers be made: General Fund From: Other - Contingency $3,100 To: City Manager - Transportation $3,100 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 1st day of March, 1995. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: (2/6/95) kl � -I Suggested by: Administr City of Kenai RESOLUTION NO. 95-11 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA TRANSFERRING $1,505 IN THE GENERAL FUND FOR TRAVEL EXPENSES FOR ATTENDANCE AT A MAINTENANCE AND REPAIR SEMINAR ON FIRE AERIAL DEVICES. WHEREAS, the Fire Department desires to send one of their personnel to a seminar on maintenance and repair of fire aerial devices; and WHEREAS, the Fire Chief believes it would be advantageous to have someone within the department mechanically familiar with the equipment; and WHEREAS, transfers in the amount of $1,505 are needed to provide sufficient budget money for this training. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following budget transfers be made: General Fund From: Other - Contingency 1 505 To: Fire - Transportation $1,405 Fire - Miscellaneous 100 1 505 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 1st day of March, 1995. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: 4�� (2/23/95) kl MEMORANDUM Date: February 22, 1995 From: �- David C. Burnett, Fire Chief To: Thomas J. Manninen, City Manager Subject: Aerial Mechanic Training School This department is requesting that $1,505.00 be approved from contingency, to allow Roger J. Anderson to accompany one of the shop personnel in the Aerial Mechanic Training School. The purpose of this request is for one of our personnel to be qualified within the department, to perform minor maintenance necessary when equipment needs routine work. Please see attached letter of justification for your review. The attached Purchase Orders provide a complete breakdown of expenses that would be incurred. Thank you for your time and consideration in this request. App oved by City Manager Date • d Z�Z z.�f'2;7- Approved by City Council Date: 1`V • �..- • _.... .i . �.w-.aim _ _ _....,�ii._ � �__� � UYivl7la_;r-.[_"�__JLl Ch—, of i r u3rY 6 , =C ... i•s for =_ 1�'^1.i Y'aG'� :a"_� cal Cur capartment currantl y houses as pare of 1ts ap,7 Invent,. -- a flaet cf E*.?erger_c" One ve _Coles, rangi g from a 1-979 Resc:le to a 1993 93 root Elevauing P1=t___ The u�:ic ? _va ,La a s that sgn and construct-cr. c�_��-- star_±ardized ove-r t::a yearc . ­h4 also our _vas u"L:i 1ue adva-tage _.. __ it comes too 'c a ..-.a e_.aTV'=.:-ese vah-cles. Our currant disadva_-it.-.- a isve no--- - depart--..cZt crual.._fiau Eo evan t:-a :ri..c� �?; - _.- __.. ali Gilc e nece-Z ry when -him equi=ent __a�c'_s -t. Sc -� reamre a wsa'.cly, bi-. eekly and ? y , ns�,n'''.' =-ai:_u�__R__ce rogr ;-.. vie curr2-�.t1 T do uaily _;spec -_O^s __ ^inor r..��_. : nce to t-He degree that our ?ervc.in`1 are t_ ai:_ea co _ , � f - . - -� ' checks, batter -;� -maintanance, g _ :�u;� y-er A ,Jive` member c� tais ce_ art:-2r_,c is z __,entiy tray: ; -r_• th LC a- :csa _"achan=cal tec:.nicues-sr-_ired zc "-aeo `± i r"' - ; .� iT s aL ram_ - , �_."Z conditio._. - One _ _-ece c- appc_ _ s Ana - Ur. _ _' t5 G Ae cu_rentlh _ava - - -- _ author -'zed �o do soi:12 oL -' =--al._-2na-73 on - :eshe ae?"lal device. his personmel safety shc--- ^.2 cna . , O�..'? _ _ze concerns, as well ws that Cl :_ Dubuc W':a=ar'Te, 7 _ _=__ at ever ,wally with the sack of qua- - ea main tena:_c.. 3e r,y c- find cur elves in a s-t_wtion that _,c-_rdizas �__.'c L__a'-v. 1t __ :a brOi1GL',: O Liy c.tte:'i..__ _. th0 C :'--o-e"a.,,ve Reetz that equip ;tent as -_-,is needs v _reater i t J Citv cons _`--ration titih2n it comes to :raint2:LdP_C^ t a..- a v=siL p �� "�� :'.OD avery :ilX a..^.T'itnS . r :'i; S Z '=eI'= :Ce can 7,n_'7 co_e ai Do':'.: - i -- U.le ex—perience of F. _ c' - � 2_ : r"hereLor Q= i SiCm traini-y of one persc- lei in -�h2O equipm.":wnt at tha soo-ez- =oss4b_e ^-=ortur_yty for the an ual training c= pe=c,�_=_elf in o Clt;,' l:_-tiT2St?Tient at ? revel vrhicn =s :.ensurat^ standard of pre_oarednesa t?:e citizens cl t1he City come to eat. c-a Suggested by: Police Chiei City of Kenai RESOLUTION NO. 95-12 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AWARDING A CONTRACT TO APPLIED CONCEPTS, INC. FOR THE PURCHASE OF FOUR HAND-HELD POLICE TRAFFIC RADARS. WHEREAS, on February 3, 1995, the following bids were opened for four hand-held Police traffic radars: Kustom Signals, Inc. $7,608 Applied Concepts, Inc. 7,380 Southcentral Communications 6,418 WHEREAS, the bid from Applied Concepts, Inc. is the lowest responsible bid which meets or exceeds the bid specifications; and WHEREAS, the Police Chief recommends award to Applied Concepts, Inc.; and WHEREAS, money was appropriated for this purpose in the FY95 budget. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that a contract be awarded to Applied Concepts, Inc. for the purchase of four hand-held Police traffic radars in the amount of $7,380. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 1st day of March, 1995. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: j, (2/23/95) kl TO: Charles Brown Finance Director FROM: 'PY)1'1 Daniel L. Morris Chief of Police DATE: February 23, 1995 SUBJECT: Radar bids On February 3, 1995, three bids were opened at City Hall in response to an invitation to bid on four handheld police traffic radars. Kustom Signals, Inc. $7, 608. 00 Applied Concepts, Inc. $7, 380. 00 Southcentral Communications $6, 418. 00 The bid from Southcentral Communications did not meet the bid specifications. I recommend awarding the bid to Applied Con- cepts, Inc. which meets or exceeds the specifications. I am requesting a resolution awarding the bid to Applied Con- cepts, Inc. in the amount of $7, 380. 00. DLM/lrr ROJECT: BID OPENING BULATION �G�i ID DATE: LACE: KENAI CITY HALL �9� / G Al/�e BIDDER TA COMP ANCE BAS Blp ALTE A\TE # ( ADD OR SzUB) ALTE TE'# ( ADD O SUB) TOTAL BID 0O Off' o0 Z7iiljGGsZ/l �X,62 CITY OF KENI l-9 \ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 - — FAX 907-283-3014 �r.dnn ,III'1 MEMORANDUM TO: Mayor and Councilmembers City of Kenai FROM: « Cary R. Graves, City Attorney DATE: February 17, 1995 RE: CONDITIONAL PROTEST RELEASE AND 1995-96 RENEWAL Rainbow Bar and Grill Liquor License Attached is information regarding the application for a renewal and transfer of the Rainbow Bar liqour license. As you may remember, the City of Kenai filed a protest for the renewal of the Rainbow Bar's 1994 liquor license renewal due to unpaid taxes and obligations to the City. The owners of the Rainbow have found a buyer for the bar. The sale of the bar is conditioned on the renewal and transfer of the liquor license. The overdue Borough and City taxes would be paid at the time of closing. The Borough, by their attached letter of February 16, 1995, has approved the protest release and 1995-96 liquor license renewal on the condition that the overdue taxes will be paid at closing. The sale cannot proceed until the City has also lifted its 1994 protest. Although the Rainbow Bar is currently delinquent on it taxes, the City can lift its protest on the condition that the taxes owing are paid at closing. If the city does that, the sale should go through and the Borough and City will receive their taxes due. If the protest is not lifted the sale will not go through and the bar will go into bankruptcy. DOES COUNCIL WISH TO CONDITIONALLY RELEASE ITS 1994 PROTEST AND APPROVE THE 1995-96 LIQUOR LICENSE RENEWAL? IF SO, PLEASE DO SO BY MOTION. KENAI PENINSULA BOROUGH 144 N. BINKLEY SOLDOTNA. ALASKA 99669-7599 BUSINESS (907) 262-4441 FAX (907) 262-1892 DON GILMAN February 16, 1995 (ki '',. MAYOR EB15 Alcoholic Beverage Control BoardAttn: Beth Nelson 550 W. 7th Ave. � Sj y.ti� Anchorage, AK 99501 RE: 1994 Liquor License #1312 Renewal Protest & 1995-96 Renewal: RAINBOW BAR AND GRILL - BEVERAGE DISPENSARY CONDITIONAL PROTEST RELEASE & 1995-96 RENEWAL Dear Ms. Nelson: Please be advised that the Kenai Peninsula Borough will release the 1994 renewal protest and not object to the 1995-96 2-year renewal under the following conditions: 1. That they are in compliance with all of their promises and obligations made in the Payment Agreement with Kenai Peninsula Borough; 2. That TransAlaska Title notifies Molloy & Landry, Attorneys for the Borough, that TransAlaska Title has funds for delivery on the date of notification to Molloy & Landry for payment in full of all the amounts due under the judgment for sales taxes and the amount due for real property taxes. Sincerely, C: Linda Barclay Delinquent Accounts cc: Rainbow Bar & Grill, c/o Dale Dolifka Robert J. Molloy, Molloy & Landry vCarol Freas, Kenai City Clerk Gaye Vaughan, Clerk, Kenai Peninsula Borough CITY OF KENAI rr Od C CZj24: 4 4Za,. 1= if 210 FIDALGO AVE.. SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 krohro 1�II'I 1992 February 23, 1995 Patsy Mizera, Vice President TransAlaska Title 130 Trading Bay Road, Suite 390 Kenai, AK 99611 RE: RAINBOW BAR AND GRILL Your Order No. 494-1885 We are in receipt of your February 22, 1995 letter in which you requested written confirmation that we have received everything needed to place the Rainbow Bar issue on the March 1, 1995 Kenai City Council meeting agenda. The issue will be placed on the agenda. As City Attorney Cary Graves has stated, this is the first time the Council will be asked to approve a Conditional Release of Protest and Renewal of Liquor License. It appears to me that with the information you and Attornev Dolifka have provided, along with the Borough's conditional release letter, there is sufficient information for Council to make a decision. It may be helpful for you to have a representative present at the meeting in order to answer any questions Council may have. Sincerely, CITY OF KENAI y� Carol L. Freas City Clerk clf FEB 23 195 08:31AM TRANSALASKA KENAI 9072937719 P.1 T r a n s A I a s k a Title 130 Trading Bay Rd., STE 390 • Kenai, AK. 99611 a (907) 283-7503 • FAX: (907) 283-7719 February 23, 1995 City of Kenai VIA FAX #283-3014 ATTN:, Carol RE: Our Order #494.1885 Rainbow Bar Dear Carol: Please fax me confirmation that you have received everything you need to place the Rainbow Bar issue on the agenda for the March 1, 1995 meeting. Thanks so much for your assistance on this one! Sincerety, Patsy Mizer Vice President T&ATransAlaska Title 130 Trading Bay Rd., STE 390 • Kenai, AK. 99611 • (907) 283-7503 • FAX: (907) 283-7719 February 10, 1995 Carey Graves City Attorney City of Kenai 210 Fidalgo Kenai, AK 99611 RE: Rainbow Bar Our Order # 494-1885 Dear Carey: Enclosed please find the following: Sellers Estimated Settlement Statement Copy of letter from Kenai Peninsula Borough Copy of letter from Alaska Hotel & Restaurant Employee Trust Copy of letter from IRS We request that the City of Kenai do a CONDITIONAL LIFT of the Protest of the Liquor License renewal and approve the transfer of the same upon payoff at closing. Please schedule this to be heard before the council on the February 16 meeting. Forward a copy of the Conditional Lift to this office with the original going to the ABC Bd. in Anchorage. If you have ANY questions or need additional information, please do give me a call. Sincen ' Patsy Mizera, Vice President encl. r; A%,TransAlaska Title 130 Trading Bay Rd., STE 390 • Kenai, AK. 9961 1 • (907) 283-7503 • FAX: (907) 283-7719 W�- SELLER'S ESTIMATED CLOSING COSTS PROPERTY: 502 S. Main Kenai, AK 99611 SELLER: MICHAEL L. BAXTER and MARGARET L. BAXTER 502 S. Main Kenai, AK 99611 BUYER: D & E INVESTMENTS, INC. 1Oc19 Spur Highway, Ste. 506 Kenai, AK 99611 CONSIDERATION Total Consideration Debts pd. on behalf of sellers New 1st Trust Deed PAYOFF CHARGES to KENAI PENINSULA BOROUGH -Sales Tax Dept. [Total Payoff $5,604.071 Principal Balance PAYOFF CHARGES to TRUST ACCOUNT OF MOLLOY & LANDRY-KPB Sales Tax Lien [Total Payoff $10,544.291 Principal Balance PAYOFF CHARGES to INTERNAL REVENUE SERVICE -Employer contribution [Total Payoff $23,528.081 Principal Balance PAYOFF CHARGES to STATE OF ALASKA-EMPLOYMENT SECURITY DIVISION [Total Payoff $10,654.571 Principal Balance PAYOFF CHARGES to BARBARA AXSON One-half of first Deed of Trust [Total Payoff $32,000.001 Principal 'Balance PAYOFF CHARGES to HOTEL & RESTAURANT EMPLOYEES UNION [Total Payoff $30,000.001 Principal Balance PAYOFF CHARGES to VICTOR G. TYLER-One-half of first Deed of Trust [Total Payoff $2,000.00] Principal 3alance PRORATIONS 7UND ADJUSTMENTS Unpaid Tares at 944.84/yr. from 01/01/95 to 03/01/95 ESCROW CHARGES TO TRANSALASKA TITLE Escrow Closing Fee Closing Tax TITLE CHARGES TO TRANSALASKA TITLE INSURANCE AGENCY, INC. Owners Ti=1e Policy Recordina Warranty Deed Recording Deed(s) of Trust Recorainc DATE: February 10, 1995 CLOSING DATE: March 1, 1995 ESCROW NO.: 04-941885-PM DEBITS CREDITS $ $ 185,000.00 15,000.00 50,000.00 5,604.07 13,599.56 3,055.27 ' I 41,528.08 .I 18,000.00. a' 10,654.57 , 32,000.00 i it 37,000.00 7,000.00 . i 32,000.00 30,000.00 152.73 167.50 8.38 637.00 20.00 30.00 100.00 Page 2 Escrow # 04-941885-PM _ HER DISBURSEMENTS First National Bank of Anch. for Set -Up Fee & Annual Fee Dale Dolifka for Atty's fee/IRS & D/T negotiations TransAlaska Title Insurance Agency, Inc. for Liquor License transfer State of Alaska -ABC Bd. for Liquor License fees Kenai Peninsula Borough for R.E. taxes/047-064-13-4 Peninsula Clarion for Publication costs NET PROCEEDS TOTALS 40.00 2,500.00 250.00 50.00 1,244.84 110.00 158.54 243,055.27 243,055.27 This closing statement is subject to final audit and if any legitimate monetary error is discovered or any encumbrances of record necessary to clear title in accordance with the joint escrow instructions, such differences or payment are to be assessed and immediately collected from or refunded to the parties liable therefor. _HAEL L. BAXTER MARGARET L. BAXTER N I �E�7 BY, MO ; 2-10-95 ;10 :12:AIf ; JDO- 907 283 7719 ; 4 2/ 2 ` s WILLIAM K. JERMAIN GREGORY C. TAYLOR W. MICHAEL STEPHENSON » Durmgan & Owens P. G, CHARLES A. DUNNAGAN ORADLGV D. OW6N5 GARY G SLEEPER - MARK F. MELCHERT DIANE f.VALLENTI ,;el'Tnclin RANDALL G. SIMPSON GEORGE T FREEMAN ANDREJVA L. STONE E LAW OFFIC " HOWARD S. TRIC:KF`l JAMES A. GASPER EUGENIA G. RICMARDI 3000 A STREET, SURE 300 ANCHORAGE, ALASKA SSYW-4097 TELEPHONE (Y07►Sq-114� FAX (W7) "3.7341 f ebruary 10, 1995 VIA FACSIMILE 283-7719 HARD COPY TO FOLLOW Patsy Mizera TransAlaska Title 130 Trading Bay R. Ste. 390 Kenai, AK 99611 RE: Alaska Hotel and Restaurant Employee Trust Funds v. Michael Baxter and Margaret L. Baxter d/b/a Rainbow Bar and Grill Delinquent Fringe Benefit Wages on Employees Dear Ms. Mizera: Confirming my telephone conversation with you, my client, the Alaska Hotel Employee Restaurant Frnployee Trust Funds and its Board of Trustees have agreed to compromise their claim for employee fringe benefit contributions owed by Rainbow Bar. The Trustees have agreed to release all claims for a settlement amount of $30,000. This compromise and settlement offer is open until May 31, 1995. Upon receipt of this disbursement amount, I will execute a full release and full satisfaction of all claims and approve a transfer of the liquor license. If you require anything further, please do not hesitate to contact me. Very truly yours, j Ii�DUNNAGAIV OWENS, P.C. 1 Randall G. Simpson RGS/nv %�Vnizm.w 23 01 "S5 01:11PM MCLLOY OR LAANDRY 907 2'2--3 2°35 ROBERT J. `dOLLoy Dale L. Dolifka P. O. Box 498 Soldotna, AK. 99669 1101--iLOY & LA-Nr]DRY ATTORNEYS AT LAW 1 10 SOUTH WILLOW ST.. SUITE 102 KENAI. ALASKA 99611 TELEPHONE (907) 283.7373 FAX (907) 223.2835 February 1,1995 RE: Kenai Peninsula Borough v. Michael L.Baxter and Margaret L. Baxter d/b/a Rainbow Bar & Grlll STX Ace. No.: 24717 SIX Ace. No.: 25996 RPTX Ace. No.: 047-064.13-04 DELINQUENT SALES & REAL PROPERTY TAXES Dear Mr. Dolifka: P.1 DAVM S. L tNDRY Thank you for, your letter of this date through which your clients authorized me to release information on their Borough taxes. Kenai Peninsula Borough has authorized me to make the offer to your clients regarding sales tax acc. nos. 24717 and 25996 and real property tax acc. no. 047-064-13-04 that will be set forth in a subsequent letter. However, it is my understanding that you need to know immediately the amount that the Borough will offer to waive, so I am sending that information to you and TransAlaska Title today. I hope to have the letter which makes the formal offer done and to you by 2/2 or 2/3/95. Statement (marked "Rainbow Bar 11) wletter hich shows is that the Delinquent Tax Billing amount that your Clients owed to the Borough as of I /6/95 was periods of August 1993 through October 1993 and Jan�uaryy 10994 thr uo g Mar on STX acc. no. 24717. Of this amount, the Borough will offer to waive PENALTY DUE Of 51-91740 and Fyn, RULE 82 ATTORNEY'S FEES of for the total amount of �, Sincerely, --tT J. PmWtw brand fax transmittal Insma 7611 •ot Ppfs . F7r 38'3'77 F E Z —FEB 10 95 01:46PM TRANSALASKA KENAI 9072e37719 u R r,.A Internal Revenue Service Department of the Treasury P.1;2 District P.O. Box 101600, Anchorage, Alaska 99510 Director Patsy Mizera Person to Contact; craiq Carlson to Vice Presidmvit TRANSALASKATITLE Telephone Number. (907) 271-6260 130 Trading Bay Road. Suite 3W Refer Reply to: Kenai, AK 99611 FES I 1995 Date: CONOITIONAL COMMITMLNT TO DISCI IARGC CERTAIN FKUNF-i I Y FROM I Hk H=ULHAL 1 AX UlzN Re: Michni and Margaret Baxter Rainbo:s Ear r1e:Ar MS, Mwa' Your application for a cetilt=W of dlscMMC under the provisions of sectrOA W2b(b)(2)(A) of the Irderr+.al Rf:►semue Code has bW iM tipated. Based on the informatiOn- W1171i0ed, I have detemlined ff-M the interest of" uruJted States In the Federal to lien(s) outs�iny against the Uxpayers nerved above is at present Thirty -line Thousand Six and 311100 (S 39,006.31) in the faftving described property: That rAviak real PsWe sihole,"and heiq in the Kenai Recording DltdrIct Third Judi" OWct, State Of Ai:i" and being MI -a parttoularly described as 110110 : Beginning at the NWdwad omter of Lot One (1). 61aok Far (4). as shown on the Original Plat of surrey of the TOWNSITE OF KENAI. ALASKA, trdvyrse Soh 03 degrees 316 Eart a distance of 63A6 feet to Comer No. i, the true point of beginning; thence SmAh 8R ft e3s 99r We.4 a diatarxxt of 100 ft%-A to Comer No 2; thence Sot& 03 degrees 31' Cast a dift" of 56 fee# to Comer No. 3; thence North W degrees 2W Last a distance of 100 feet to Comer No. 4; thence North 03 degrees 31' West a durtanoe of 56 feet to Comer No.1 and the true Piiint of beginning. State of Alaska liquor license previously held for RaWAx w Bar. Unless later ci=Tistmma disclon Me interest of fs Ur.Wd States in the property to to gn&,W!horn the amour shawt>I above. I will, on payment of such amount and on a proper kv.ging that the to pere s have been divested of rght, ts+ao, and interest to t#te Rrc'Pe1'hl e tdust've of any riot to redfenVt10t1, issue a Wdrl''cM dis4wg ft the Property ffonl tt�e Federal tax lien($) ouistartding against the taxpayers named above. postdt" brand fax transmittal memo 7671 l+J. FEB 10 y'95 ar. 1:47PM TRANSPLASKA KENAI 9072837719 P.2i2 -z PaMe!d is to be made as follows: 1. S 21.006.31 to be paid to IRS at closing. 2. S 18-OO8.00 to be paid fi om escrow proceeds of deed of trust, benpfimal interest "hald by taxlwyem Internal Revenue Service has no optection to transfer of liquor Incense to purchaser. You are allowed to ady tise that you have obtained a oondllonid oommitment to disc Nge me W'o WY deso ibe+d above from to Federal tax lien(a). Thl?- Ict:er expires April 10, 190. Reccrdabon coots are not priable by Internal Remnue Service. Si-4&-Gty, C vies M. tromm Chief. Special Procedures DEPARTMENT OF REVENUE ALCOHOLIC BEVERAGE CONTROL BOARD Carol Freas, Clerk City of Kenai 210 Fidalgo Suite 200 Kenai Ak 99611-7794 Dear Ms. Freas; TONY KNOWLES. GOVERNOR 50 W 'TH AVE ANCHORAGE. ALASKA 99501-6698 February 16, 1995 We are in receipt of the following application(s) for a transfer of liquor license(s) within the city of Kenai. You are being notified as required by AS O4.11.520. Additional information concerning filing a "protest" by a local governing body under AS O4.11.480 is included on page two. BEVERAGE DISPENSARY RAINBOW BAR; D & E investments Inc.; 502 S. Main St.; MAIL; 10819 Spur Hwy Suite 506 Kenai Ak 99611 - transferred fm; Harry L. & Barbara Axson & Michael L. & Margaret L. Baxter; Rainbow Bar & Grill; same location. CC; KENAI PENINSULA BOROUGH LIQUOR LICENSE APPLICATION=mmmwPAGE1 OE2 Awalabflww�a 0arawl�wd - - 1 Anuw.ewrfSmWA4 rmd t@ IAs"ctfons Alydwrgy A1wb6M1: r . ( ��f �'�� � f01/ /reY 1 .M! b M ADD Mir. (96y)wZ . I - _ ZZ 1.7,7 gPrrlaawVWdma. - This rppaowlw w rrr. (stradl 0") ❑ Two You ❑ Two as more pwloda inewh yw of to (OG�.rw Ifw. Owed b*W-V _ WO aW+q i ON 1 41d w oonplaawl ter as ppw w rppaewawa Type of Appaerlwc Ucarwa Typo ❑ N.wBeverage a Am RWwwca j For Lloarw FodwW B/ D gm04.tt.Q91995 92-01-52924 UoWm FM S Filling F..: NGWMTransbr•'ony $_200.90 [a Vmm 0 mwwcMajo� ❑ Q+�M■+ram 10O.00r. If rwwwr, hu ttw "r" oaten a:amaod or acm at load 30 *on~ d ysmwgwahattotwopncwfwgcWwwwymm? (AS04.1t.33D(9)) ❑ YES a ma. appaowten TM be dwwd wwaas WNW raglMw for wwwr of agar W a rpprorad a 4M Ammo Bavwaga ri NO Corww aow%L lb nity/ (H applicable) $ c xrwr uwa Lloorw Wwdw Tmmdwo uoww Imtlw 93-1312 ❑ Raaar� Total I SubmKW I Enter sppkmws w.wM riwe wnw wW I *Ab g Dokq Bumme As (Bualnaw Irwrw) Oornnnry Co -nc4 P'-m-and At iq Add.w .ddr. w a whooW oppow on.ho bww.: RAINBCW BAR 1/w lrrwrmul & R DWRI +4 RM, INC. li6wt Ate , or Locs0on or Buaaraw CITY CP KENAI 10819 SPIP HWY., SIB. 506 502 S. MUN Sr. 210 FIDAEAOD OM KE3+AI, AK 99611 MgALL, AK 99611 KE AI, AK 99611 8uwuw 771 Nurnlw(m) ❑ TMS 13 A NEW MACH ADOMS (907) 283-9929 SECTION B. PREMISES BE LICENSED. Ewa arw.w.mpAbomm" Nww b Oa ww w g6ae aqn a n wiwltewq M rdwwl' pranaaw: a womon w oramww w' own or mw ww 50 maw ham on boundrlw w a rraad*wa y (aroorPorwad cM• boagh crunWdd munkJpa 0117 Cbaast 9rJwst Gnminda: I Dadlaa rrwwrnd WXW - Clam" 4iwrbh: ❑ AS 04.11.410 OR ❑ raaarw N. so now ❑ Law am eo mites ❑ Na Appaorbte I ❑ Lood oraww oo lio.: Prwnww rm be sowow is: ❑ Paso wbnoM M FY. MrW" PMM*Ml WAWo piapwad br WW" ❑ E I I - Fora► ❑ Pima ❑ prepwad Buadlrq ❑ Dbw w Prwmw ANmchsd fFWWArad ter as Now wW Ralooadon aPPaoadwu) SECTION C. RENEWAL INFORMATION. Mud bo aonplalad fo Roan" apowcabow Hu boww d prwntew wharf awo WNc bowraw are Nu Mo watwnwM of onwrcwl ntww o w"a hom IM PACKAM XTCP a. a oia . mno" of sM wnuol aol4 aarvwd. owwu ieC potaaaaad 4rKVW wand bean tear aOlwn M subnmVAdY rondo npwa0 wWw 16 AAC 014.f146 a sate aboheae chwwd worm to teal di gram fubnllwl7 bromm a In nporwa to wwMn adwa7 ❑ YES O NO ❑ YES ❑ NO O YES ❑ NO SECTION Q. TRANSFER INFORMATION, Must bo owrpland for T wWw of Lbwraa Hader wW Paloomon rppbMYww any. ❑Ywebm"VTOWWN AUmhdoowwlawMolOMwrwWftWwWwAB0/.1i.Qo. NmWs) wW Sft" Ad*m of CwmW umusom) Eli L. AXSM (deMaSed) b BARBARA R.AXSON tipaw Tnwraar. Arty NMwr - aaaaaad , AS 04.11.6M ter purpww of app"M Ate OL/1AB014NB) n a raw avoMwMry Ywwar. muw be Md wah 4ha AND MICHAII. L. b MARGARET L. BAXM rppaerd IISAAc104.fo7►.wwwPwaOnMi,. rfyoww.y.dwlm6w.bwWw1s: 502 S. MAIN Sr. (A mh awa *moo d naoaaawy) KENAI , AK 99611 BEFOW TRANWIM Do" &nnaaa An: Muaauaa garrwl BAR & GRILL -RAINBOW BEFORE TPANBFE:L Mom Ad*w or Lofton 502 S. MAIN ST., KE AI, AR 99611 SECTION E. CORPORATION INFORMATION, Must be corrwafad r rt7oftm or O"PP m is ■ mrporaoon. (AS O4-11.390) Con"No a nano D It E ItA7F3I4EN1S, DC. DokV &N* ws As 46uwnow Nww) RAINBOW BAR- _ DO* of Yrmroorwbn in AWWa 12-19-94 Mm" Addnwa 10619 SPUR ENY, Si".'. 506 Sbaal Addraaa or LocWJon of Buawnw 502 S. MAIN Sr. CRY, earn by Coda KENAi, AK 99611 Cay wW owe KENAI, AR 996U CapoaM Oft* Pima No. 262-6273 b do ebovw mwnm mrporadm n good arrrdaq wah Ow rllsta of Aasta Drpwwww w Commww wW Gmwmwb Owwwrpnwnn [3 YES ❑ No PAgW W d AOwd (Pin wW Ma1aq AM**@" , jCt n n e y F 1(i nd j^ j�C 19 / 3 7- -,, A"We AWwM Roddstcy Ywn: 7 MaWw: i J A"ft PxM No. a/ CCOMRATION DMCTORS AND WrOCKHOLDERS (Use addNonal allaalj a naoaaawy( % or Sham w owrwaf o FUN Nww (00 rw ow aMlaMl Ilona Add a comet We DIA."Z DIElAW r THIS AREA OFFICE USE ONLY Lbwwa Nanaw Dra AWWAd DYwah agarm :am 04-M Papa 1 (Ray. 2M) ALASKA UGLIOR LICENSE APPLICATION PAGE 2 OF 2 SECTION F. IiDIVIM WCORPORATE OFFICER INFORMATION. The worms on nwwtee vvra.e for esch . o►ca.' oftisi Is mo spp9pssiN oro- Mission Is a dorpetr- ere seem Mace nett skids M PkOWN Vbm41molde a. aeeleesy are Tmereer. Use m kffm" Pages es eeces any. FA Ilanr I00 not use nW W) R+M Nrm I12io na use YMWsi ELTON R. blCGAHAN EEN IIS K. II2IIAPD r IYaC1�o �� city, sera, zip cam � . Car, 80!�,,Zlp Cogs I r , Nora. Address (W affermnt lrom mreq .dare..) ►tour Addrees (r afferent from mace P*k"ml / ,y Die of earth Noma Phone WOO Pharr Data a earth Nome Phone - V40 Phone ` _ ^ - - u LangmaArrasR..a.rw.yl ffspPManraborparrn.tlWWRIFIMooroaaleoffceyou Length of sa flapper.sal•ecomorsom balmy WWI esr/7 Iqp, _ Yews nMoshe I ho1LL Full Near (Do not we lntler) Full Name (Oo not use aural DIANE IRELAND Me" Adores n 16No !— "oleiI� 1,� MrYq Address _Z_ City. SM&4 $ Code,, Cay, errs. zip Cone C- _j Nwrr Add*• Ie afferent h«n rtreg fie) Q Nome Addrese le affaerR hom nrasrq enteral Date a OM Nome Phone were Phone Deb of am Nome Phan I mAbra Phan Largo ofAsrieReerdera•Y HappU�nreca0arb41aen11110 paetsoTwyw Length of Assets It 9F areredorOaawn,IM OVVWoaPaet•almVW Yearn, T I .�. ho1LL / Y. IAorraw hop" -"' C, ; Oow eery sravM •1 «oorpare offiosr nrrred sbo* now ham easy «rest or sicked Merest ar NOW otiier as>olrolr bsver Eli oUmMm acerred In Able a lM OtIM OMO? ® NO ❑ YES ff ye.O1e'• e0ele. nirrrm d buesrew, grid aaar.w. 0 never frvi gad or since filing a the last application, has airy milividual or corporate 011ie« bid above ow connded of a Is". a vioIsben of AS 04. or been convicted se s Ydatiese or manager of licensed premises in antler elate at the bistibt Isere of that 8IsIs7 Q NO ❑ YES O YM Ol "WiM"OnOGParabW"WPWW- SECMON H. DECLARATION, Must be race snd *Mad by eeak appaorit 1 declare under penalty of perjury that I have examined this application, including the accompanying schedules and statements, and to the best of my knowledge and belief it is true, correct and complete, and this application is not in violation of any security interest or other contracted obligations. I further certify that I have read and am familiar with Title 4 of the Alaska statutes and its regulations. and that in accordance with AS 04.11.450, no person other than the appiicant(s) or licensee(s) has any direct or indirect financial interest in the licensed business. I agree to provide all information required by the Alcoholic Beverage Gontri%713gard in support of this application. it application is for a Beverage Dispensary or Package Store license. I certify that each applicant named on this application has resided in the state of Alaska for at least one year prior to the date of this application: and/or the applicant is a corporation registered and qualified to do business In the state of Alaska for one year prior to the date of this application, or all of the shareholders have resided in the state of Alaska for at least one year prior to the date of this application. SIGNA S OF CURRENT LICENSEES(APPLICANT) SKWATURE S OF TRANSFEREE(S) I't•K2'1[[i.- ..... :Y 1A1L. �AA�i-VJJJJ+��,u//Lv.\ ..NN _Li�'acl'f'/at Ova— M4DA BIA.LT1Ii4Z;, P.O.A. icr BARBARA AXSM, a widow atJbeOaraa and swan IO beam me fhY SWedbW and ewom to base an this my of ^' - .19 fly days NOTARY PUBLIC IN AND FMAUeKA — NOTARY P UBLIC IN AND FOR AIASKA .� Wroommanbn ermees _ ,- CebM�errajBLYej.= X _ Form 04.901 Pape 2 (Rev. 2404) Form 04.901 Pape 2 (Rev. 2404) oft ". ... ...a - • • UQUOR LICENSE APPLICATION PAGE OF WO W. Bereaar Maw Anwaage, Astlsta fN601 (Please read separate Instructions) an" Par / am 2 a as moo Dowd. (gmla7aaa TMs ""own a aor: (theft anal MrTwo Yea, ❑ Two sum month prrri-1 in eaat your of the bsrnnd Paned begesanq _ and erltlrrq SECTION A Type d Appmeaorc ❑ Now �tlwtewd INFOWMAIPION.Aarst QEVEKi�cS� �15atSgL - bararsted for w a eppabdterr staft F%U�FENd s.aa.tRah.m s � � pGGl2o � LconwF« /i2, sae.oa Filling Fao: f ialtr/Roltalral . Transfor S --TOifAO Wi1Mn ■ Murtea.ny 1 ❑ Orbme hlrrrlcpaay Current liquor License an moer 9 3 - l 31 z If renewmi, me the won en exe rtcbve at leap 3D eighi4mur d Ceys Ourrq eetlt trio p Iwo re g metwrers ye7 (AS Oe.11.330(3)) ®"YES a ho. apparatbrr wN be deread teaaw wAtw ragrrad to "Weer d is eoaorad by OnAlcarose Smarege eb.� Penally (If Iqp�) S ❑ Transfer at ❑ Rstebwon Total c Submittard S 7,16 = Enter appsearre a araterwa rtarr end rtralarrq aassw w a warm efperon me Im": Ha Bwarew A. (Bustneaa l _ A i n/ s cormamrry c ounal Harm end ► m" Atl - (Bee Irnelrt¢fen" sk l Ra t +cB R 4,1, ✓ AIIJ 14 l cHAEi L, t Hyit6AlE�CIty Sae S ,ci,r �«J ke-YX4 , .9 ❑ TM s A NEW MU -NM ADORERS 9 96 t 11 ` Braun." Plane Numbers) 2 SECTION B. PREMISES TO BE WCENSED. Must be owmwtw for new and R«ocabon MERINO b be we on Public algn or in edrwtlen to mwMay Parww: le boar ' of prwraees yr 0 men or taw amr 60 maw from the bourassba d a muNcpw" (ercorpaaed dy, borough or urWIW mrmlropastyl7 Coeew taryraa Grounds: oleovm nrewrred waver: ctesad Cteam: ❑ AS 04.11.410 OR ❑ (Room than so maw ❑ Lew men 50 rww ❑ Nw Appaosbre ❑ total Orwrrrce No.: Pre n m to be se.tead is: ❑ PW W suornbed loFM MrwrR (RegiMrod br nw► en0 pnlpoee0 bMbrge) LO_EAWqFmcW ❑ mmouwq ❑ ❑ Diervowt at Preneew AgalWd (Required for es, Mow and ReWomil n mokeems) BECnONC. RENEWAL INFORMATION. Must be earrorlsd la Renewal atlpicabons. Has acarsad prwraew when sloofmac bemwas are Has dre statsmaa of tnarcW nter" atanged from ma PACK/CB STOIIS. Is this a ratwwl of the wbw wild. ama L consumed, posasssed andlor stored bean lap slaterrsra su0matedT Charged ban ate test diagram eutlrrrined7 - a re s in urmar so ra 01a.ers b 1w elrolsse � YES �� eeeeeapw n rworae a waarr .rotas,? ❑ YES zo i0 ❑ YES er NO ❑ taws,Malls►TsrMer.Arshaoamarrrnron.rIm - Id aururwarAS04.ltsro. M.nw(q .ndrwrp Adde.dcurr.ra UearswlN ❑ Rgnaa Tsardo• Any arratanera meoraed under AS 04.11.R70 for purposes, tar ePPAw9 AS in a later nvaYalay Irateew. ram be aad wan thte appsaaew06AAC 104.1071. Reaapersawfwopwfya-.9yedw tnisbaowigs (AUMN *We Shoals a nebese syl BEFORE TRANSFER. Dona Biwsws As: (Business None) BEFORE TRANSFER. Strew Address or Locdbn INFORMATION.Must to competed it imodi ew or co-eoosewd a a ooreoreton. (As oa.1 i mm cvnx01a more Doing Business As lsuenew Nether Dave of lneor xmm in Am" Melling Strew Address, or Location of Bueanaw CRY. Slow ZIP Cow Coy and Baste Conporae Onlce liana No. Is me above macaw comomm"n In good stataenp vm one ate* of Atewrq Depwarme d Correntrw and Econom D-oWp me7 .- ❑ YES CIAO ` "Yterad Agw (Nerve arm slslYg Addnew) A"W a Aleslta Rsemetrq Yews: Meow Apwrre Phone No. CORPORATION Da1SCTOM AND ROCKHOLDom (Live embo nw anew a neoswary) x r Blrerw d Ful Nave (Do not use Inala el Ions Adaem Dave at BIM Ownership C.i+.; rt���'z���. jyrs�l A -D 4 TH13 AREA OFFICE USE ONLY Lleww Nuwbr eels Appaee0 Dfreelsr>s �e n . ALASKA LJOUOR LICENSE AP8 MATION PAGE 2 OF 2 SECTION F. *1311114MAUCORPORATE OFFICER WFORMATIOM TM to mA aroerloon mat a PravMad Iw M a11Pa0WO w papas- aMw. New 11'N Grow wFilmd a a oapaaaaa 9W OMMM Mao raw lickdo am Pbsldauw addtronw Pap- as 11. Full NO 0 too not rue MEOW) Full dim w toe not um iafalaI �r eW4 F L � &2,&2 ( x( �lz— QI L Q>C S1)A/ 1%4 PASE n \i � 61'? Frrz. P2/U&r IDFS)4 C)F0T2. I--1 501JAV Q!i 1? c ph" 23p cede City. etata. LP Code _.. . . HO M Adaees (N filler M tMoh Novm Nome Add— (if dMoof horn m dh add m) Deb at 11fAh Nome Phan. 1 work Phone 3 7B - Deb or Bier Horn. Peon. want Phan Ler9M cO AWa Reatlway NeppNoaNle■corpondbn.10WON"Ca"orWonleeyw Lengor of AWa Mapp/o•Kaacorpor-bn. KW WY VW mrprace oofMa You ye. hold. / years kow" nai /A LA JU9 J) t' - FUN twine 100 note— rrNf.lnfro '� ��i�D9 -I'.L� x T:` 2 . too 1WaMl.1 � R4lIA �� � K5 0✓ .��Y Q_' !t city. So i:.'aP bddd- - // ay. 80" Do code / Nome Addraea (s ANwera tom MMMNq MWOMY C r / Ho"w Adawa (N ANuwrt from W" addws) Deb of BIrOr cr-/ >/y Nome Phone Wort MOM Z 3.- qi i 42 7 ? - 7133 Deb fo aidr , Nara PWM wai Phau -:� 5 �- - Cr c c If UnpmofAM" PAMMnry N.pproamMaC0"Wf8lon.IdWMr1Mmrporbaofteyou LnglhaAYMaFWdwwyl M.PPb/ara .M1121ilMoorpabeofMeyou y Lbndu i 1iOk ^ 'I/ I � years i I f,4arfa hOn A '{ k ,t/ SE ON 0. INDMIDUALICORPORATEOFFICER BACKGROUND. harabea.rcrabdforaNtyawet eypaeatlara. Does any krdMdal w eorPor.fe eNfow rand awes now nwm @" Area w Wv*" itfas- it w, oarw sloofwae bmwe" buaiuw aoawad M AWu of arty WW rab? fp NO ❑ ym N yea, g" mom nwrn of buw w, and adfisa N never Mviq Ned w since Nlinp of fM last application. hw any irdivW" orOOrpaab oNCer Natal about been cwwcm of a Is". a vidatwn a AS 04, or be conrrraad r .u_l,wa hma" or w or of Iif wow pbn•eaa n anovw eau a vie b wr taws a that moo? C{L NO ❑ yM N yw. (flaws ermaln en -Pao* afraa a tarp-• - fAM be wad arrd OWWAd by SSM apptI I I declare under penalty of perjury that I have examined this application, including the accompanying schedules and statements, and to the best of my knowledge and belief it is true, correct and complete, and this application is not in violation of any security interest or other contracted obligations. I further certify that I have read and am familiar with Title 4 of the Alaska statutes and its regulations, and that in accordance with AS 04.11.450, no person other than the appiicant(s) or licensee(s) has any direct or indirect financial interest in the licensed business. I agree to provide all information required by the Alcoholic Beverage Control Board in support of this application. 11 application Is for a Beverage Dispensary or Package Store license. I certify that each applicant named on this application has resided In the state of Alaska for at least one year prior to the date of this appicatlon: and/or the applicant is a corporation registered and qualified to do business in the state of Alaska for one year prior to the date of this application. or all of the shareholders have resided in the state of Alaska for at least one year prior to the date of this application. OF CURRENT MENSEE S(APPLICANT) SIGNATURES OF TRANSFEREE(S) -SIGNATURE(S) Subavbed old ewom to bebra no the _'� — 9ubw6eo and awom b babre w Iha �' daYof '-J-'--- .19�_ dayof .19 NOTARY PUBLIC IN AND FON'ALAWA f=AR,r PUSH IN ADO FOR AIASKA Weomnraewnaiwie. _ - � �'" My eon•r••r91Z�4Y•F r-1 : •r,, Form 04-901 Page 2 (Rev. V94) FEB-22-1995 14:57 FROM KPB FINANCE TO C/KENAI KENAI PENINSULA BOROUGH 144 N. BINKLEY - SOLDOTNA, ALASKA - 99669.7599 BUSINESS (907) 262-4"1 FAX (907) 262.1892 February 22, 1995 Paat-Ity' brand fax transmittal memo 7M I j., P.g.. ► aA Co. Ca iR• Omni t JFQX M "130 1 Lt Farc « City. of Kenai Attn: Carol L. F7reas, city Clerk 210'Fidalgo Ave., Suite 200 Kenai, AK 99611-7794 RE: Liquor License Renewals ZNINSULA OILSBS - RECREATION&L SITE ITALIAN GARDENS - RLSTAURRNT/BATING PLACE BPO ZLXS LODGE #2425 - CLUB Dear Carol: DON GILMAN MAYOR Please be advised that the Borough will have no objection of the above noted liquor license transfer(s) based upon unpaid taxes. The sales tax account registered for the business is filed through the required filing periods and the tax year of 1994. The business personal tax accounts and/or applicable individual tax accounts are in compliance at this time. Please send us a copy of your city Council approval/objection letter for our records. Thank you for your cooperation in these matters. Si cerel , Gina Derleth Delinquent Accounts TOTAL P.01 DEPARTMENT OF REVENUE i a ALCOHOLIC BEVERAGE CONTROL BOARD Carol Freas, Clerk City of Kenai 210 Fidalgo Suite 200 Kenai Ak 99611-7794 Dear Ms. Freas: TONY KNOWLES. GOVERNOR. 550 W 7TH AVE ANCHORAGE. ALASKA 99501-6698 February 16, 1995 We are in receipt of the following application(s) for renewal of liquor license(s) within the city of Kenai. You are being notified as required by AS O4.11.520. Additional information concerning filing a "protest" by a local governing body under AS O4.11.480 is included on page two. BEVERAGE DISPENSARY KENAI MERIT INN LARRY'S CLUB RAINBOW BAR & GRILL KENAI JOE'S RECREATIONAL SITE PENINSULA OILERS CC; KENAI PENINSULA BOROUGH RESTAURANT/EATING PLACE ITALIAN GARDENS CLUB BPO ELKS LODGE #2425 dcL�o � ses W. �Arawa� „� sospl tea«», TMS AREA OFFICE USE ONLY LIOUOR LICENSE APPLICATION P (I%sse read agate In PAGE of 2 struct/ons) 'One six month '""'.0AftSOMd 0TwoYsa, Period 4/1/g '? ❑ Tero aq mores pM010 n each n IFORYwrn�. .. Year of ___, . and andwp Folm 04.901 Paps 1 (Rev. 2/94) PAGE 2 OF 2 L.LI XM LJCOM AWL (CATION - , ' 1 AL�SKA tfNorfftaron mew a p�evldsd ler..rh a a oarpwa&a ~. NOW nJMDr4 DUALlCORPOELA .dTwawaac llaeadrlNrdPa9R�^ ►• TE OFFIM MFOfWA7KK Th. YNo.rwe.aa.r ::nor osepp a Y a corpo d on. Nr afsowa tltMd mow Ytoh+da tM Praafdrtl vra�wal N Ray Measles Mrll"g � P. 0. Box 847 Oty, goes, ap Code Kenai, AK 99611 HMO Adm." (V as«wk from -one aesaaa) A K .. 513 Pine St-reet- Kenai, We of aMTh Homo Ph" 10-18-38 907-28-34486 907-776-81.91 N WpkwNYaMpadbn, bst&Nrtlwaorp*n`s* flosy� Ion Peat moM Adm.w cNy. aria. z000ft ;old na AK. 99660 Hem. AMM N. IN 0 A Nan nrNeq addNea) � worn Phone 61ws a ttrth N/A )9-14-32 907-262-5907 �� Lwglh of AlMah& Nappgrrt&YaoaPn•YIY hold Longo of Aker Rswdwta/ hold. Yaaw r.w. �1e 17 Vice President 25 President—lam.(oonouse rshosp Fu0 f4anr (O not ues O*bb) J. Ron M a l s t n M a r y L u i s e Combs Ai4i1 v „dbaaa Mr.aAddr*w 405 Overland 8 . 0 . Box 4 21 coy. area, zp cad. Gar, era ztP Codi Kenai A k 9961 Sol d o t n a A k 9 9 9 6 9 lame �roM (N dMewm Mm m&tllnp aderas0) lam. Addwee (N dalewnt hom maatng s" 0 9- F o h Ave K n i A K 207 E B e l u a S o l d o t n a AK Barr f+lrare -PhWW waMfirar. od.ofaM+N an7_ �- 4 90 - Q3_d96F � d Or Hoar Ph" 0 A- 0 - 3 a _ n _ 7 4 07 _ 2�2 -1011 NIP NaR,go.rr.�Pa+�o 9aoo�a+eaY.tAu Lwtplh of A s@Ma Rasldenty NNPpflCwar soommobo". ltlarMygraapaw��Y°Y LanpN w Months . hold Years Treasurer w rss eeordr f 1O� 4 P g ON G. INDMD AUCORpORATE OFFICER BACK OUND. � w C0"0""d10' a&' w Dor atry InIAOI l a MgWs, ~ nwrrd above now have any dyad or YrdYsot Yrlwsw in MW amer olowroae bwiwoo, btraraa s wrad it AYaMe Of OW alnw s1ea4 NO O YEB N rN,"wars. Irma w bUWWas. and atldwaa. w—. I tan. has any individual or corporate pfNtrr.Melad &bow bean convwlad of a N"W. a viartian of AS 04, a bean comAMd' it N rvavw hMvWV fled or ekrea fllMtp of Nr lest appMea II se a boons" a nwrpw of Ncwtaad Prw� in artWor atW of 90lid laws otJhd wmT M NO ❑ Y® N Yam• Plsass -PM" an *"Woss anew of Paper. aarw b. wad and asrNlyd kw .m 4PR" u that I have examined this application. including the accompanying schedules and statements, and to the I re s beestt oounder penalty of belief f my knowledge and ballet it is true, correct and Complete, and this application is not in violation of any security interest or other coatractet!hOigations. with AS I further certify that 1 have read and am familiar with Tittle 4 of the has Alas directka torendirecl fs and inancial tinterestn n he licensedbusiness. 04.11.450, no person other than the applicant(s) or licensees) y application. I agree to provide all information required by the Alcoholic Beverage Control Board in support of this ication has resided In K application is for a Beverage Dispensary or Package Store licensIcertnY of e I Is ant amed on this ��ation registered and quaYtled to the state of Alaska for at least one year prior to the date of this application; do business k1 the state of Alaska for one year prior to the date of this application, or all of the shareholders have resided in the state of A lasM for at least one year prior to the date of this application. SIG S OF CURRENT �LICENSEE S APPLIG ANTli SIGNATURES OF TRANSFERE S erbaaO d and snap to bebre m• tlda �� k dW 4f HOTAW PtWjGJM AM FOR ALASKA 1'ey Oelraraaabn wtploaa :J 'J �. Subsabad and qwm a baba ma KIM dp of M ,. 1f )TARr Pt1BUG 0 AM FOR ALAWA abhrtaaweah • � i . 19 Fenn o4.901 Papa 2 (Rev. 2194) FEB-22-1995 14:57 FROM KPB FINANCE TO C/KENAI KENAI PENINSULA BOROUGH 144 N. BINKLEY <. SOLDOTNA, ALASKA • 99669-7599 /yam''`' BUSINESS (907) 262�441 FAX (907) 262.1992 February 22, 1995 Past4t' brand fax transmittal memo 7FA 'e1 WW- ► ALA From CO.co, KV Phone M M••�� FLCM City of Kenai Attn: Carol L. Freas, City Clerk 210'Fidalgo Ave., Suite 200 Kenai, AK 99611-7794 RE: Liquor License Renewals PENINSULA OILERS - RECREATIONAL SITE ITALIAN GARDENS - RESTAURANT/EATING PLACE ✓BPO ELKS LODGE #2425 - CLUB Dear. Carol: DON GILMAN MAYOR Please be advised that the Borough will have no objection of the above noted liquor license transfer(s) based upon unpaid taxes. The sales tax account registered for the business is filed through the required filing periods and the tax year of 1994. The business personal tax accounts and/or applicable individual tax Accounts are in compliance at this time. Please send us a copy of your City Council approval/objection letter for our records. Thank you for your cooperation in these matters. si cerel , Gina Derleth Delinquent Accounts TOTAL P.01 DEPARTMENT OF REVENUE ALCOHOLIC BEVERAGE CONTROL BOARD Carol Freas, Clerk City of Kenai 210 Fidalgo Suite 200 Kenai Ak 99611-7794 Dear Ms. Freas: TONY KNOWLES, GOVERNOR 550 W. 7TH AVE ANCHORAGE, ALASKA 99501-6698 February 16, 1995 We are in receipt of the following application(s) for renewal of liquor license(s) within the city of Kenai. You are being notified as required by AS O4.11.520. Additional information concerning filing a "protest" by a local governing body under AS O4.11.480 is included on page two. BEVERAGE DISPENSARY KENAI MERIT INN LARRY'S CLUB RAINBOW BAR & GRILL KENAI JOE'S RECREATIONAL SITE PENINSULA OILERS CC; KENAI PENINSULA BOROUGH CLUB 1--BPO ELKS LODGE #2425 -V MON PAGE' OF2 - 7 16MG U.4 --bdUOR.1 ICF:NSE--APPUCA (Meow road 10 rvj&ucuons)--, GwA Porls I awl I IS On ABC DGMWL Am Ub mppftson **r (sect W* TAT"Wer 0 Two Wx awnn pjo& in each ym al gm DlenrN pwW WO and ino terms nmal ul— TIP!— Bubo fmiwwm r LWOW Fodwd M 04 AAAga9l F- a 00, 00 -t==A—a9w OR D OR 27 13 Ow Thffmder $ 100.00 Number �11 beenoxweaWor c stle"3090t4mr Penafty Of ds" "Ch Of the two 0 - mcalandw"sm? (AS04.113=3)) appUeeblo) Umm Idda 94 03(0? pno. F;- vAbodwAsdwdm ""en reqnst mr TOM ❑YES 0 off CC JB Wpaved by sm AbOMIC DMINIMPS auhn)thad s 13 sftftmww� I r-I As (BUWWW 16MO ownmwdty Ommul None and LILUV AddPOSS rare or WantenWO nWM Ond Wdm" son" se R should OPPGW On Me SCOMM F- a - P)A LOCOOM Of Bosom o Ra C, 14 Qn Le (of* ) z C* 43P Vwo- ex-ai 10 THO 19 A NEW MALM ADORERS 7 7 74n ON 0. PREMASES TO E UCENSED, MM be emy"and tocr Nw and Rebc~ appk"!- th labo~*#Pm rvew then of Men en so ftm the bouncimisS Of 0 pnomp.,@W cly. b 9' Or ~ mm 7 ❑ (bees than so ffam n—umd WON 0 AS 04.11.410 OR CkmWChwch: 0 LodOdbm No.: 0 PWW aftniled I* Firs ManihM (RoqWred for now mud proposed aft Prealm to be lowmOd IS: cl P-mposed 90*v 0 og pmraw&Wm— VWqjimd Ior al Nwr.and RMOOMM" OFFION" SrAMON C. RENEWAL INFORMATION. Murt be COMVWW for RWWOW —SPPbcs%W& No kw*W Wwms" wtam SWWC Wftmpse ere lies 00 U&WM@M Of WWCW rowest chwWd trwn I* PACKAM STCOM be 00 8 AlnwNd Of the amd kW stown" vibmiftCrt , w - mqmbvd 15 AAC CM4.6" to we &WwlC sold, fl conaxned. 000908"d WKYOr bran" in to wrftmn Orders? dWWd lmn So WO dogmm wAMMOSO ❑ YES - . . 53 NO 1 0 YES NO 0 YES IK NO 0. TRANSFER INFORMATION,abrw t» oonprorod br Traadw a lbws lows wo FAMOOM mppkom- 0 WWWL f6wros) end MmWV Ad*wWO of Cwm* UCOUSSM VAFAw TmwW. Any VWMMM OWNWAd stew AS 04.11.WO Ow appryaq AS 04.11.9"4)M In a MW I woUftY INNINISF. rent be OW WO Oft 4"Ooft"(15AAC104.107}PwoorpenionsipWa YOwmYQdvMdftbwWwW- (Abmh exts etreew 0 nOONmmwY) BEFORE TRANSFER. 00" UuWwm Ac Muwww Ms w) TRANSFER. go" AMNSOM or Locoban Lr MMbecornplubedil qwftentorcoappacentismoupwaft, JAS04.1%-VM SECDON CORPORATION INFORMATIM 14mum Doing &=Wwn As MMMOM ftlwne� Dambf r) sa mP Wmqmmftn In ANGM UPON Ad Boost Address or Lgamoon of BuW- -)P- , ) Mp Cads got (0 -- C4W and Ste C44mme Oft* P6on* No. bvw F - In Good I -wah"Swasol Almaks. Depall W t Of Ccffwnmm 00 ECOVIN 0 .. "plow, [A YES 0 NO "w6;irjA'"'t V-nod and bi- XSA, I A�AA SQL AgennAMOMANOMMY Yom: 3 6 Uonthw: Agenre Phone No. coMeMA. MM DM MOM AND WMOWUMM (Use OW % or Shares of 0"" FW Nwns Me not USS Adwar Doft of OW 'Z jZ-2 7 , cllh IA4 Me TM AREA OFFICE USE ONLY Form 04-601 Pmp 1 (Rw. 2(94) _. ,�„ �PAGE Z OF 2' f- SECVMF. TEOFFKM*rORMATK*L MatesosgYrowASIO nobapapPICIEd rae*r4ftallom stir waa�d9I �-�" WIN" 7w )revs (oe as tma Ra Norm (Do," was war". wN � pl� Addw + .. 'i►..- (_V' I1�l7it� i 001481 ta.Zpilsda.Cly.eMla. lel�fi e Itaw Addrw (r erwMt kaat ata�q adira) Ilanr Aedw fV deatan ken ma/q aadanj �Hoine o.r Fran oak Pray Dale a 00 Nat* Prow war Pt ene _ Ilia YS-3161 89 4 9 7 6 7 Lwq&olAbsMR I rapplo.artacomonron.kin" w.a -you twquhaArrat rappkardleacagwawhruaapaarabo.you • V400- L 1 �� FuM Nair (Do not use WAbW �q hm apcoaa CRY, sow ap coea .. . A 71 Non,. Adder R dnaan hem �q adaraay 4 ►tents R at►a.a kom nrtaip a0b'wN DWwW BM Noma Plena Wak Pirate Date of fM Nana Pear Wort Phowe 9r%Z/ Lwiph of AM" Raaltlattq atgwlraw baootpraaon. kkNIWydroogwwaoabayr LarqMCFAINkeftsbalcy IltpphanbaaapaaMat. tlawllytMoogaalaafoayou V Yanar boYL� ttad . Vaan I+bnrr SECTION G. lHQPADUATE OFFICEP BACKWOUND. LoM ba aonpc.ew ar.a typ.. a arvaarlar Doaa itq rtdi4awTnr oapsniaafbr nrn� abw� netr nr..iy dYrl erindtiaot �Yw.ir.ny.ltw.rwab llw..0. buanas bwatn Atsrlm a.ry altsryald �) NO ❑ YEe a yea, on atata, name of buWww and aOMM r If saw lwiq fad a alnw frq d 0r Nat appbatbn hn any kKbWu l a t, , g ' ma pincer bMd above bean corwbmd a a hlony a vio i a AS 04. a bean aatatdsd r as a bsnar or nrnaesr of baud pnnttws in ano0w stab of the 4Pw ism of that ohm? Jp NO ❑ Vas Ityr,pMraaglmtr-P—sleetaPWW.- SECTION H. RECLAMTION. Mat ba nad and oartOad by Saar appaamw. . I declare under penally of perjury that 1 have examined this application, including the accompanying schedules and statements, and to the best of my knowledge and belief it is true, correct and complete, and this application is not in violation of any security interest or other contracted obligations. I further certify that I have read and am familiar with Title 4 of the Alaska statutes and its regulations, and that in accordance with AS 04.11.450. no person other than the applicant(s) or licensees) has any direct or indirect financial interest in the licensed business. I'agrie to provide all infocmatlon required by the Alcoholic. Beverage Control board in support of this application. If application Is for a Beverage Dispensary or Package Store license. ) certify that each applicant named on thl{s application has resided In the state of Alaska for at least one year prior to the date of this appketbn: and/or the applicant Is a corporation registered and quallfed to do buaYaas in the state of Alaska for ons year prior to the date of this application, oral of the shareholders have rtukied In the state of Alaska for at least arts year prior to the date of this application. SIGM S OF CURRENT LICENSEES) (APPLICAPM SIONA S OF TRANSFEREEM edrsbad and wan to bakaa ma Vft awatubd and mom to balota no ewe d"d ��bltt: � .19CLI days .19 n NOTARY P I< "M AND FUR ALMrA NWARY MOM IN AM FOR AL40(A Mre.nn++aaapr..��L - �- 97 ►yoantawongas 'lIM -� Nij Fam 044Y01 papa 2 (Ray.V") TONY KNOWLE, a / DEPARTMENT OF REVENUE ALCOHOLIC BEVERAGE CONTROL BOARD Carol Freas, Clerk City of Kenai 210 Fidalgo Suite 200 Kenai Ak 99611-7794 Dear Ms. Freas: SUBJECT: Restaurant Designation Applications 550 W. 7TH AVE. ANCHORAGE. ALASKA 99501-6698 February 21, 1995 We are in receipt of the following application(s) for restaurant designation permits within the city of Kenai. Please complete the enclosed application(s) and return to our office. ; ,. Enclosed is a restaurant designation which allows access of persons under the age of 19 to enter a licensed premises for purpose of non-alcoholic related employment or dining. Pursuant to AS O4.16.049 and 15 AAC 104.715-795, the Alcoholic Beverage Control Board, "with the approval of the governing body having jurisdiction and at the licensee's request, shall designate which premises are hotels, restaurant, or eating places only for purposes of this subsection." Sincerely, { BN/VL Beth Nelson Records & Licensing Supervisor (907) 277-8638 Enc: As stated THIS PERMIT MUST BE RETURNED TO BE CONSIDERED FOR APPROVAL BY THE BOARD. STATE OF ALASKA ALCOHOLIC BEVERAGE CONTROL BOARD APPLICATION FOR RESTAURANT DESIGNATION PERMIT - AS O4.16.049 & 15 AAC 104.715-795 FEE: 550.00 The granting of this permit allows access of persons under 21 years of age to designated licensed premises for purposes of dining , and persons under the age of 19 for employment. If for employment, please state, in detail, how the person will be employed, duties, etc. (15 AAC 104.745). This application is for designation of premises where: (please mark appropriate items) I. X persons between 16 & 21 may dine unaccompanied. 2. X persons under 16 may dine accompanied by a person 21 years or older. 3. X persons between 16 and 19 years may be employed. (See note below) LICENSEE: DONALD M. AASE D/B/A: MR. D' S, INC. ADDRESS: 10352 Spur Rd Kenai AK 1. Hours of Operation: 5 a.m. to 11 p.m. Telephone # (907) 283-6060 2. Have police ever been called to your premises by you or anyone else for any reason: Yes No X If Yes, date(s) and explanation(s). 3. Duties of employment: Dishwasher, cashier 4. Are video games available to the public on your premises? No 5. Do you provide entertainment? Yes No X If Yes, describe. 6. How is food served? X Table Service X buffet service Counter service Other* 7. Is the owner, manager, or assistant manager always present during business hours? Yes X No ***A MENU AND A DETAILED LICENSED PREMISES DIAGRAM MUST ACCOMPANY THIS APPLICATION*** This permit remains in effect until the liquor license is transferred OR at the discretion of the Alcoholic Beverage Control Board. (15 AAC 104.795) I certify that I have read AS O4.16.049, AS O4.16.060, 15 AAC 104.715-795 and have instructed my employees about provisions contained therein. oU a- �w► . G1c-aa� Applicant(s) signature Application approved (15 AAC 104.725(e) Governing Body Official Date: Subscribed and sworn to before me this /0day of (ill�z. /7 Notary Public in and for Alaska My Commission expires Director, ABC Board Date: Note: AS O4.16.049(c) requires that written parental consent and an exemption by the Dept. of Labor must be provided to the licensee by the employee who is under 19 years of age. Persons 19 and 20 years of age are not required to have the consent or exemption. * Describe how food is served on back of form 0012C/14-5/89 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 K_: RENAI AIRPORT COMMISSION February 9, 1995 City Hall Council Chambers Chairman Tom Thibodeau *****AGENDA***** 1. ROLL CALL 2. APPROVAL OF AGENDA 3. PERSONS PRESENT SCHEDULED TO BE HEARD a. Kathy Scott "Healthy Communities -- Healthy People" Leadership Workshop and Forum 4. APPROVAL OF MINUTES January 12, 1995 S. OLD BUSINESS 6. NEW BUSINESS a. Goals & Objectives 1995 7. AIRPORT MANAGERIS REPORT a. Projects Update 8. COMMISSION COMMENTS AND OUESTIONS 9• INFORMATION ITEMS 10. ADJOURNMENT KENAI AIRPORT COMMISSION February 9, 1995 City Hall Council Chambers vice -Chairman Ron Holloway *****MINUTES***** U 1. ROLL CALL N Members present: Henry Knackstedt, Joel Kopp, Bonnie Koerber, l� Ron Holloway, Bob Scott Members absent: Tom Thibodeau (vacation), Barbara Edwards A Also present: Councilman Ray Measles; Airport Manager Randy Ernst; Loretta Harvey Administrative Assistant P 2. APPROVAL OF AGENDA Vice -Chair Holloway asked if there were additions to the agenda. There were none. AGENDA APPROVED AS PRESENTED. D 3. PERSONS PRESENT SCHEDULED TO BE HEARD r a. Kathy Scott "Healthy Communities -- Healthy People" Leadership Workshop and Forum R Kathy Scott gave a brief presentation on the seminar and how it would benefit the community. She invited Commission members to attend the workshop which will be held February 24th (Merit Inn), O and 25th (KCHS). 4. APPROVAL OF MINUTES January 12, 1995 V MOTION AND VOTE: HENRY KNACKSTEDT MOVED APPROVAL OF MINUTES AS PRESENTED. BOB E SCOTT SECONDED. MINUTES APPROVED AS PRESENTED. 5. OLD BUSINESS Kenai Airport Commission February 9, 1995 Page 1 6. NEW BUSINESS a. Goals & Objectives 1995 Camping Area Floatplane Basin Henry Knackstedt reported he and Randy Ernst had 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 this area. There will be four spaces for the first season and a water pump, 1 N restrooms are already on site. Tourist Information Booth - Airport Terminal A Joel Kopp proposed that the space in the terminal where the musk- ox presently is located would be a good spot for tourist information. Kopp volunteered to talk to the Tourism Marketing Council to see if they could coordinate efforts to provide information for this booth. 7. AIRPORT MANAGER'S REPORT a. Projects Update Enplanements Randy Ernst noted that figures for January 195 had exceeded the figure for January 194. 1994 was a record year for enplanements at the airport. Kenai Airport Master Plan Aries has been chosen to prepare the Airport Master Plan. Aries should present a cost by March. The estimate for the plan is $250,000. Automated Teller Machine - Terminal Ernst had talked to Chuck Monk at NBA and they may place an Automatic Teller Machine in the terminal in March. Coast Guard Tower The Coast Guard it seeking to place a 90 foot tower near the airport. Representatives from San Diego will be meeting with City Administration to discuss placement of this tower on airport lease lands. Kenai Airport Commission February 9, 1995 Page 2 I& Is 0 V 10, IC 8. COMMISSION COMMENTS AND QUESTIONS 9. INFORMATION ITEMS 10. ADJOURNMENT There being no further business Henry Knackstedt seconded. The approximately 8:05 p.m. Respectfully submitted, u Joel Kopp moved for adjournment, meeting was adjourned at N to QiaryA�;y-, Administrative Assistant Kenai Airport Commission February 9, 1995 Page 3 0 W 19 C W E 0 Z)'�� KENAI PARKS & RECREATION COMMISSION ***Special Meeting Minutes * * * February 16, 1995 - 7:00 p.m. City Council Chambers Chairman Richard Hultberg 1. ROLL CALL Members Present: Kelly Gifford, Richard Hultberg, Jack Castimore, Steve Latz, Dale Sandahl (arrived 7:07) Members Absent: Roger Seibert, Amanda Baldwin Also Present: Kayo McGillivray, Duane Bannock (arrived 7:10), Debby Fahnholz, 2. APPROVAL OF AGENDA No agenda was provided. 3. APPROVAL OF MINUTES Minutes from last scheduled meeting were not available. Minutes will be approved at next scheduled meeting. 4. PERSONS SCHEDULED TO BE HEARD None. 5. DIRECTOR'S REPORT Kayo McGillivray reported the following: a. Arbor Day Grant - Beautification Committee approved an Arbor Day Grant. This information was passed on to the schools. The Kenai Middle School sixth grade class has applied for the matching funds grant. If approved, they will be planting trees in the area by the Chamber of Commerce Building. Parks and Rec involvement will be strictly maintenance. Parks & Rec Commission February 16, 1995 Page 1 b. Banners & Christmas Lights - Kayo reported that several complaints have been received on the condition of the banners and lights. He has contacted the manufacturer of the banners and it was decided they would return the banners. The manufacturer will re -dye the faded portions. Torn netting will be replaced. Two of the banners need repairs and two are missing. Cost will be approximately $900. Council has approved. He has had the wrappings removed from several of the Christmas decorations. It was decided to put lights around them and use them as sillouhette lights instead. They have adequate money in the budget to take care of it this year. 6. OLD BUSINESS None. 7. NEW BUSINESS a. Recreation Budget - Kayo stated that the City Manager will recommend a 2.5 % salary increase this year. Figures are done up by the Finance Department. He felt three persons within Parks and Rec should be moved up in range. This won't be put into the budget, but would be put into a written request to the City Manager. Jack Castimore stated that they wouldn't keep quality people by not giving raises. Printing and Binding - Kayo would like to raise this figure to $1000 to get new brochures done up next year. Existing brochures are almost gone. Machinery & Equipment - Figure is down $2,200, but it does include a new dryer for Rec Center next year. Utilities - $40,000 budget is mainly Rec Center. b. Parks Budget Repair and Maintenance Supplies - Figure is down $4,000 from last year. Council put in additional money last year for improvements to the ball fields. Kayo felt it would be reasonable to remove $4,000. Utilities - The $1,000 increase was due to rate increases. Rentals - This amount is for rental equipment used mainly in the summer. Parks & Rec Commission February 16, 1995 Page 2 Machinery & Equipment - Kayo stated there still has been no response on the Exxon grant. If the grant money comes in, the restroom funds will be removed. If not, the restrooms are getting in very bad shape and Council will need to address this issue soon. Pickup - The shop has applied for a new pickup. If their pickup is approved, the old one will be given to Parks and funds removed. Playground Equipment & Porta-path - Funds will probably come from Daubenspeck funds. Duane Bannock asked if there were any funds listed for maintenance of existing parks, or cleaning up of older parks. Kayo responded that maintenance was ongoing. Some areas that have grants may get new grass, etc. Otherwise it is all figured into regular maintenance routine. This year they will be replacing the equipment at the greenstrip. Duane stated that he would like to see additional funds to clean up the back half of the Municipal park. He suggested more picnic tables and grills and stated the shelter was in disrepair. Kelly Gifford suggested cleaning up and hauling out the dead and down underbrush. Kayo responded that they spent two days last summer cleaning up. He would like to put in some extended tables in for handicap accessibility. He suggested $3000 in the Repair and Maintenance budget. C. Beautification Kayo stated they can probably reduce Repair and Maintenance budget, though they will have to replace some transformers. Suggested leaving at $4000. Small Tools - Kayo suggested cutting this to $3000. Kayo stated that maybe putting on an additional summer person would be sufficient. He stated Mrs. Feldman is going to be donating flowers again this year. She will be starting them a little earlier this year. Volunteers will be used a lot to upkeep flower beds. Jack Castimore MOVED to accept the recommended budget and that it be proposed to Council. Kelly Gifford SECONDED. The vote was unanimous. 8. CORRESPONDENCE None. Parks & Rec Commission February 16, 1995 Page 3 9. INFORMATION None. 10. ADJOURNMENT Jack Castimore MOVED to adjourn. It was SECONDED by Kelly Gifford. Meeting was adjourned at 8:00 p.m. Respectfully submitted by: Debby J. Paln olz Parks & Rec Commission February 16, 1995 Page 4 City of Kenai. Alaska 210 Fidalgo, Suit6 PLANNING AND ZONING COMMISSION "AGENDA" Library Conference Room February 8, 1995 ROLL CALL Chairman Kevin Walker 1. 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES January 25, 1995 4. PERSONS PRESENT SCHEDULED TO BE HEARD Dan Morris - "Healthy Communities -Healthy People" Leadership Training 5. PLANNING a. Resolution PZ 95-4: Amending KMC 14.20.320 Definitions (tabled from last meeting) b. Resolution PZ 95-5: Amending KMC Land Use Table Additional Requirements (tabled from last meeting) c. Resolution PZ 95-8: Replat: Redoubt Terrace S/D Hail Addition 6. PUBLIC HEARINGS 7. NEW BUSINESS a. Comprehensive Plan Review 8. OLD BUSINESS 9. CODE ENFORCEMENT ITEMS 10. REPORTS a. City Council b. Borough Planning c. Administration 11. PERSONS PRESENT NOT SCHEDULED 12. INFORMATION ITEMS 13. COMMISSION COMMENTS & QUESTIONS 14. ADJOURNMENT City of Kenai, Alaska 210 Fidalgo, Suite 200 PLANNING AND ZONING COMMISSION **MINUTES** Library Conference Room February 8, 1995 Chairman Kevin Walker 1. ROLL CALL Members present: Phil Bryson, Karen Mahurin, Carl Glick, Ron Goecke, Kevin Walker, Teresa Werner-Quade, Bill Toppa Also, present: Police Chief Dan Morris; Building Official Robert (Bob) Springer; Administrative Assistant Loretta Harvey 2. APPROVAL OF AGENDA There was an addition of an information item under code enforcement. MOTION AND VOTE: PHIL BRYSON MOVED FOR APPROVAL OF AGENDA AND ASKED FOR UNANIMOUS CONSENT. RON GOECKE SECONDED. PASSED BY UNANIMOUS CONSENT. 3. APPROVAL OF MINUTES January 25, 1995 MOTION AND VOTE: CARL GLICK MOVED FOR APPROVAL OF THE MINUTES. TERESA WERNER QUADE SECONDED. VOTE: Bryson Goecke Toppa Werner-Quade Mahurin Glick I Walker YES YES YES YES YES YES YES MINUTES PASSED UNANIMOUSLY. Planning and Zoning Commission February 8, 1995 Page 1 4. PERSONS PRESENT SCHEDULED TO BE HEARD Dan Morris - "Healthy Communities -Healthy People" Leadership Training Dan Morris gave a brief presentation on the seminar and how it would benefit the community. He invited Commission members to attend the workshop which will be held February 24th (Merit Inn), and 25th (KCHS). 5. PLANNING a. Resolution PZ 95-4: Amending KMC 14.20.320 Definitions (tabled from last meeting) MOTION AND VOTE: PHIL BRYSON MOVED TO BRING RESOLUTION PZ 95-4 FROM THE TABLE. RON GOECKE SECONDED. Chairman Walker noted this was a non -debatable motion and called for the question. VOTE: Bryson Goecke Toppa Werner -(wade Mahurin Glick Walker YES YES YES YES YES YES YES MOTION PASSED UNANIMOUSLY. Chairman Walker introduced the item and asked for a staff report. Bob Springer, Building Official, reported this was just an item to clear up confusion that had caused problems in the past. The problem occurs when new construction is built in an area where there might be a street in the future. If the road is developed the home would then be in a non -conforming situation. Phil Bryson asked if it would be appropriate to clarify that this was a substitute resolution for the original, which was tabled. Chairman Walker felt it would be. Planning and Zoning Commission February 8, 1995 Page 2 MOTION: PHIL BRYSON MOVED TO APPROVE SUBSTITUTE 95-4 SUBSTITUTE. KAREN MAHURIN SECONDED. DISCUSSION: Teresa Wemer-Quade noted the new definition which read 'two platted right -of ways, two government easements, or any combination thereof.' She said she had a problem with the government easement portion as some of the government easements are very old and will probably never be needed or developed. She did not feel it was fair the owner should forfeit an additional 10 feet of property due to a government easement, in addition to the 50 feet that is already in place. She felt this was excessive for something that may never exist. She asked if alleys fell under this ordinance. Bob Springer said no. Teresa Wemer-Quade asked if structures which are already built would need to get encroachment permits. Bob Springer felt that would not be required. Werner-Quade asked if it would be from the adoption of this ordinance forward. Bob Springer said yes. Phil Bryson felt it was immaterial whether or not the easement is utilized at the time f construction. The purpose of the easements is to provide access and frontage to lots that may or may not be developed. Therefore Bryson felt the resolution was appropriate. Chairman Walker felt that in place construction would require an encroachment if the owner of the home goes to sell the property. These ordinances are just a clarification, in Walker's opinion it does not change the fact of an encroachment. Bob Springer clarified that he had spoken with the Attorney about the resolutions, so in the future when people go to build they will know, from the new definition, that they are building on a corner lot. VOTE: Bryson Goecke Toppa I Werner-Quade Mahurin I Glick Walker I YES YES YES No YES YES YES MOTION PASSED BY MAJORITY VOTE. Planning and Zoning Commission February 8, 1995 Page 3 b. Resolution PZ 95-5: Amending KMC Land Use Table Additional Requirements (tabled from last meeting) MOTION AND VOTE: PHIL BRYSON MOVED TO BRING RESOLUTION PZ 95-5 FROM THE TABLE. CARL GLICK SECONDED. VOTE: Bryson Goecke Toppa Werner-Quade Mahurin Glick Walker YES YES YES YES YES YES YES MOTION PASSED UNANIMOUSLY. MOTION: PHIL BRYSON MOVED TO SUBSTITUTE 95-5 SUBSTITUTE. KAREN MAHURIN SECONDED. DISCUSSION: NONE VOTE: Bryson Goecke Toppa I Werner-Quade Mahurin Glick Walker YES YES YES NO YES YES YES MOTION PASSED BY MAJORITY VOTE. c. Resolution PZ 95-8: Replat: Redoubt Terrace S/D Hall Addition MOTION: KAREN MAHURIN MOVED FOR APPROVAL OF 95-8. CARL GLICK SECONDED. STAFF COMMENTS: Planning and Zoning Commission February 8, 1995 Page 4 Bob Springer explained that during the construction of this house an encroachment was created. By replatting the lot the encroachment can be eliminated. DISCUSSION: Ron Goecke expressed concern that the builder has been in the area long enough to know what the setbacks are, and therefore this encroachment should not have occurred. Goecke hoped the Building Official would crack down on these types of situations. Bob Springer said in the process of pouring footings on some houses there is a tremendous amount of overburden which is piled along the property lines, which make it difficult to determine where the property line is in relation to the footings. Sometimes the surveyors stakes get removed and so the builder must wait until the overburden is cleared to determine where the footings are in reference to the property line. Karen Mahurin asked if the replat would work in this situation because the builder owns both lots. Bob said yes. Mahurin noted this could be a severe problem if this were not the case. VOTE: Bryson Goecke Toppa Werner-Quade Mahurin Glick Walker ABSTAIN YES YES YES YES YES YES MOTION PASSED BY MAJORITY. 6. PUBLIC HEARINGS 7. NEW BUSINESS a. Comprehensive Plan Review - Land Use Plan Page 17: Delete reference in bottom paragraph - Water & Sewer systems in Thompson Park. Add water and sewer availability out Marathon Road. Planning and Zoning Commission February 8, 1995 Page 5 Page 18: Table - Land Use Allocation - Check acreage of zone, clarify number 3. Townsite add (Historic). Page 19: Paragraph 3. Check building trend information. Page 20 & 21: Update information. Page 22: Paragraph 5: Enforce this, by suggesting greenstrips, etc. when reviewing Landscape/Site Plans. Paragraph 10: Clarify. Change amend to create, or P&Z should review the creation of. Page 23: Add reference to the creation of Historic District Board and updated ordinance. Create or amend verbiage to the code to establish protection of the Kenai River corridor, while allowing for development for public and private use. Add section regarding Commercial Recreation zone. Page 24: Column 2, c. Assure commercial development adds to the attractiveness to development, by providing planters, greenstrips, etc. Page 25: Update Tables. Page 26-28: None Page 29: Create conservancy zone for long-term protection of the river. Chairman Walker suggested review of Transportation and Implementation for the next meeting. 8. OLD BUSINESS 9. CODE ENFORCEMENT ITEMS 10. REPORTS Planning and Zoning Commission February 8, 1995 Page 6 a. City Council - None. Council Representative at Work Session. b. Borough Planning Phil Bryson reported there had been no meeting Borough Planning Commission meeting since the last City meeting. Two public hearings have been scheduled. One is in Cooper Landing concerning encroachments on mining claims. And February 21st there will be another meeting to work on redrafting the Kenai Overlay ordinance. c. Administration - None. 11. PERSONS PRESENT NOT SCHEDULED 12. INFORMATION ITEMS 13. COMMISSION COMMENTS At QUESTIONS Carl Glick said he would not be present at the next meeting. Bill Toppa said he might not be at the next meeting. 14, ADJOURNMENT There being no further business Ron Goecke moved for adjournment. The meeting was adjourned at approximately 8:58 p.m. Respectfully submitted, Loretta Harvey, Administrative Assistant Planning and Zoning Commission February 8, 1995 Page 7 City of Kenai, Alaska 210 Fidalgo, PLANNING AND ZONING COMMISSION "AGENDA" Council Chambers February 22, 1995 Chairman Kevin Walker 1. ROLL CALL 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES Feb 4. PERSONS PRESENT SCHEDULI 5. PLANNING a. COE Permit -.Kenai River 31 a. Resolution PZ b. Resolution PZ Comprehensive 8. OLD BUSINESS 10. REPORTS a. City Coundit. b. Borough Plam c. Administration 12. INFORMATION ITEMS , 1995 D-� :nt 1510 To �1-: ay - Walt:.Carrico Heavy Indwsfrlal Zone - Ed :ginner ,, ,� ,• Review - Transportaticn & Implementation 1. Kenai Peninsula Borough Draft Ordinance 94-52 2. Proposed Boat Dock for Greg 'Davis/Terry Gray - Beavercreek Stream Number 244-30-10010-2025 3. Summary of Kenai River Activites by Federal and State Agencies and the Kenai Peninsula Borough 13. COMMISSION COMMENTS & QUESTIONS 14. ADJOURNMENT AGENDA RENAI CITY COUNCIL - SPECIAL MEETING FEBRUARY St 1995 7:00 P.M. RENAI CITY COUNCIL CHAMBERS A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval B. PUBLIC HEARING 1. Proposed Ambulance Fee Schedule a. Presentations b. Public Comment C. Council Discussion C. KENAI CITY COUNCIL - SPECIAL MEETING FEBRUARY 8, 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: Bookey, Swarner, Monfor, Measles, Bannock, Smalley and Williams. A-5. AGENDA APPROVAL Mayor Williams requested the following changes to the agenda: ADD: ADDITIONAL INFORMATION - 2/5/95 Peter O. Hansen, M.D. letter. ADDITIONAL INFORMATION - 2/7/95 D. Burnett memorandum regarding Estimated Revenues for Billing. MOTION: Councilman Smalley MOVED for approval of the amended agenda and requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. ITEM B: PUBLIC HEARING B-1. Proposed Ambulance Fee Schedule B-1a. Presentations Mayor Williams reviewed the agenda with the Council and audience. Williams informed the audience that this is a special meeting of the Council. The Council felt it was the type of topic that needed public comment. Approximately 35 letters were mailed to members of the community with information about the ambulance fee proposal. The notice of the special meeting was advertised through the Peninsula Clarion, radio, and at the Chamber of Commerce luncheon. Williams: A presentation (with the use of graphs and overhead projector) was given by Williams for Council and the audience. Williams discussed revenues, costs of operating the departments of SPECIAL KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 8, 1995 PAGE 2 the City, mill rates, General Fund expenditures, etc. Williams added the Council wants to keep a stable economic base. Williams continued that there have been many of abuses to the ambulance system. The ambulance will have to be replaced soon. Cost for a new ambulance will be approximately $125,000. People use the ambulance for their own private taxicab service. The service cannot be refused to anyone when the service is offered for free. A great percentage of the service is given to people from out of town. Also, the service transports patients from the hospital to the airport for air evacuation to Anchorage. Burnett: Fire Chief Burnett gave an informative slide presentation about the Kenai Fire Department, the equipment available, and the different expertise needed and used in the operation of the Kenai Fire Department. Williams explained the Fire Department is required by the FAA to respond to airport needs before other accidents, etc. if they happen at the same time. Williams added it troubles him that people use the service for non -emergency uses and it could open the City to liabilities if the use keeps the Department from responding to someone who really needs the service. Williams opened the meeting to public comment. B-1b. Public Comment (Verbatim) Dwain Gibson: I'm Dwain Gibson. 710 Maple Street in Woodland. Thank the Mayor Williams for inviting him down to comment about our emergency service that we have and I would like to suggest that we, we do have a real fine service that's been given away for years. It's taken a lot of dedication and perseverance and monies to develop this organization. I'd like to say that I'm here to support it. You know, we have a, from my own opinion, we're proud of our city and the development that's come over the years. Some of us have been here for a long time. We can, we can feel good about where the City has come to and of course, we want to see it continue. There are some areas of concern to me and to some others that have commented to me. We do, we do have a very fine mil rate. We would like to see that mil rate stay where it is and I, I'm sure that's the goal of the mayor and the council to keep that mil rate as SPECIAL KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 8, 1995 PAGE 3 competitive as possible. We want to see the City of any, any advantage to an individual, or enticement I a another word, to get people to move to the City of them here, the mil rate has a lot to do with it. Kenai grow and guess would be Kenai and keep Sales tax has a lot to do with it. But we can't continue to give this service away free. I'm surprised that we've waited this long to charge a fee for these services and I might say, at this point, that I have never had heard even, one complaint on the emergency service. As a matter of fact, on the flip side, it's always compliments about the service: it's provided to Kenai for free. That doesn't mean that I want to see us charge an excessive rate. I would like to see it a rate charged, but I would like to suggest that the rates be reflected similar to the way our property tax, our mil rate reflects in comparison with other cities or municipalities. I would like to see a clarif ication, a real clarification on the resident and non-resident or people that have a mailing address for Kenai and maybe, maybe live part-time in Kenai and part-time elsewhere, but they still have a Kenai mailing address. In fact, they live elsewhere. Or they just work in Kenai and live someplace else. I think and I would trust that the City be very specific in those areas.... TAPE CHANGE... ..the non-residents, the way I understand it, had to be charged the same rate as the residents. I don't know if there can be any differentiation there. But at any rate, I think it's high time that we do charge for a service, as long as it's fair and equitable and if you have any questions, from an insurance standpoint, I'll be happy to try and answer them. WILLIAMS: Thank you very much Dwain. Do any of the members of the Council have questions of Mr. Gibson. Yes, Councilman Bookey first. BOOKEY: Thank you Mr. Mayor. Dwain, have you seen the proposed schedule? GIBSON: Yes, I have. BOOKEY : How do you feel on the numbers that are there now? Do you feel they are excessive or not enough? SPECIAL KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 8, 1995 PAGE 4 GIBSON: Ah, I would like to say that I want them, I would like to see them competitive or less so that it would encourage people ... we can say, "Hey, our services are a little less than someplace else." Okay? Now, what's excessive, the costs involved, I'm sure they've done some study on that and probably a major decision that is the proper, proper charge, but I want to stay with my point that I want to see the City have, provide the service, but I want to see it competitive. Very competitive. BOOKEY: Thank you. WILLIAMS: Councilman Smalley. SMALLEY: I've got a question for those folks that purchase insurance from you. By and large, are the coverages that they have for their ambulance service, is it 100%, 80%, varies? GIBSON: First of all, an auto policy. Let's take an auto policy. Not all auto policies have medical coverage on them. People can opt not to carry that. All of, a health plan from State Farm covers transportation to the hospital. SMALLEY: 80%? 100%? GIBSON: 100%. SMALLEY: Okay. Thank you. GIBSON: Thank you. WILLIAMS: Thank you. All right, is there anyone else that would like to address the council? Please feel free to just come forward and present your questions. I know there are questions out there. Please Loretta. BREEDEN: ...if no one else...I will. BOOKEY: You've never been known to be bashful. BREEDEN: Loretta Breeden, Kenai resident some 36 years. And, ah, I'm pretty well in favor of the ambulance charges, but I do have some questions and I'm not here to argue with you folks at all, but what I would like to do, I'd like to go through this page by page and maybe if you'd make notes and answer my questions when I'm through. That way I won't get to argue with you. SPECIAL KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 8, 1995 PAGE 5 On page 1, the memorandum from Mr. Manninen, said the user fee "may be" used to contribute towards ambulance equipment replacement. I think it "should be" or "shall be" because he goes, somewhere else down the line further you're talking about 20% going towards equipment replacement. So, I, I, disagree with your "may be." I don't know whether you need, this is generally speaking, I just don't know whether you need non-residents extra charges. I don't think they do down in Juneau. WILLIAMS: Loretta, maybe if we take them one at a time, and answer as we go and I think it would be a benefit.... BREEDEN: Well maybe, for people, promise to not let me argue with you. WILLIAMS: Okay. Let's start with the first one. We've had a lot of discussions about how to dedicate the revenue. Of course, by the laws of the State of Alaska, dedicated revenues are not generally acceptable and that generally relates to political subdivisions of the State as well. What we decided to do, without a lot of discussion yet with the Council, but what the Administration is proposing at this point is that we do not dedicate any of the ambulance fee as we had proposed in the memorandum, especially the 20%. We have, in fact, some time back instituted a quasi -dedicated fee in which we dedicate $300,000 a year to a $1 million capped fund for the replacement of equipment and we've been doing that on a consistent basis all the way along. From that $1 million -capped fund, we have purchased new fire truck, new graders, that's where we expect to purchase a new ambulance and I think it would probably behoove us to continue that policy to insure that each and every budget period, if we put that $300,000 back in there with a maximum of $1 million it would save a lot of problems with the law regarding dedicated funds and also the bookkeeping system and things like. So I think what we'll probably do is just continue to draw from the reserve and purchase new equipment as we go and just make sure the reserve is replenished each year. BREEDEN: Okay, on page 2 of the memorandum from Charlie Brown to Mr. Manninen... but before I hit on this, something you said John really kind of rang a bell. You said, "Well, because we are a free SPECIAL KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 8, 1995 PAGE 6 ambulance service, this would kind of change things. Before we couldn't refuse service to anyone." Are you saying now that if it's a paid service, you can refuse service? WILLIAMS: No. I didn't, I didn't mean to infer that we might refuse service. We will not refuse service and just to probably take it one step further. In our calculations of revenue, we've used the same approach the hospital does and that's that we fully expect to write off at least 20% of the revenues as uncollectible. The hospital follows that policy. I've discussed that with the hospital director and just as a matter of course, they write off 20% of everything because they can't collect it and they don't collect it. So, we'll probably wind up following the same policy. Also, with regard to your other question, and I know this was on Dwain's mind as well regarding non-residents. After long, lengthy discussion and re -writing of the program and everything, I think, with further discussion, the Council will probably agree that resident and non-resident status should not be an issue and that there will be one base fee rather than resident, non-resident fee because many non-residents are, in fact, very close friends and neighbors and relations of ours who live right within the local area. So we don't feel it's justified to charge a non-resident more than the resident. They do, in fact, contribute to the well being of the City as well. BREEDEN: Okay, in Charlie's memorandum, you're going into ambulance billing here. That's the second page. And, throughout here, about most everything I see is Medicaid and Medicare. Medicaid and Medicare. Are you going, my question is, are you going to bill other insurance companies or are you going to leave that charge up to the person that you transport or the one that signs? What are you going to do about this other insurance? Are you going to charge it to them and wait for reimbursement? They should wait for reimbursement? WILLIAMS: I'll direct that question to the Administration, any one of you who wants it. BROWN: In order to keep the administrative costs low enough in able to handle it without hiring people, we know we're going to have bill Medicare and Medicaid directly because they insist on it. So, we'll handle that through a contractor and they'll only charge about, I think it's seven or seven -fifty per bill. That's very reasonable. The rest of it, we're going to bill the individual SPECIAL KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 8, 1995 PAGE 7 patient or somebody assigned as being responsible by the parent or guardian, we'll bill them. But it's up to them to turn that bill in to their own insurance company. I don't intend to get involved in different insurance company plans. BREEDEN: Okay. I think, myself, I was just going to say, I think you're making a mistake by not having your gal upstairs or gentleman upstairs do the Medicaid/Medicare bill. I don't think it's all that hard and are you going to do then, sign off on the state and federal forms to Medicare that this is all true and correct and everything else when you're having someone else do it for you? BROWN: Well, I've already signed forms. BREEDEN: No, I mean the year-end report. BROWN: I, I can't answer that. I haven't had to file a year-end report. I don't know. BREEDEN: Well, okay. I, I feel a subcontractor is not a really a very good thing. Ah, are you going to bill a supplemental insurance company? BROWN: No. BREEDEN: Like, now, you see you're talking so much about Medicare and Medicaid and a lot of people I know around here have AARP Insurance, and you're talking about writing, in here, you're talking about writing off what goes, what Medicare doesn't pay. Well, Medicare will only pay a certain amount or Medicaid. And then, past that, somebody on those, you know, on Medicare, can, the bill is usually sent to a supplemental, your supplemental insurance company. But, are you going to write that off, are you telling me? BROWN: No, we're not going to write that off. That information is supposed to be captured on the form by the ambulance personnel, if there's secondary insurance and we'll try to collect that. But again, we're going to try to work with the individual and it's their responsibility to pay and if they have secondary insurance to Medicaid they should try to get it. Ah, I just can't, I can't hire enough people to get involved in every specific insurance program that different people have. Ah, we will try to find out if people on Medicare have secondary insurance. We do not intend to write off amounts that we think we can collect. SPECIAL KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 8, 1995 PAGE 8 BREEDEN: Are you going to turn your collections over, much as the hospital does, to the bank for collection? I, I don't mean, I don't mean a loan collector, a bill collector, I mean where payments would be made into the bank on accounts? Or are you going to take care of that through City Hall? BROWN: I'm not sure I understand the question. BREEDEN: Okay. Let's just say you're going to bill somebody... BROWN: Okay. BREEDEN: ...and the accounts for a fee are turned over to the bank and the one who owes the bill goes into the bank to make their payments. And then if any problems crop up, these things would then be directed to a collection agency. BROWN: No. BREEDEN: You're going to do that all in-house? BROWN: We're going to do it in-house and what we can't collect that we think should be collectable, we'll work with the attorney's office and see what he can do. BREEDEN: Okay. What is the bottom line if somebody doesn't pay, Council, are you going to turn them into a collection agency? I've seen cases in my seven years on the Hospital Board where people were turned into collection agencies. I've seen people whose homes were on the line, whose vehicles, whose property were on the line. To what extent do you intend to go? WILLIAMS: I might just answer that briefly. It has not been the policy of the City of Kenai, for as long as I've been here, to use the services of a collection agency. Generally speaking, all outstanding debts to the City are collected by the City Attorney. I think that that policy could probably continue and the determination could be made by the City Attorney and the Administration as to whether a debt is uncollectible or not and the issue can stop at that point. I don't believe that we've ever, on a continuing basis of any sort, used a collection agency. BROWN: No, no we haven't. Cary and I were discussing that today and we could think of really no instances where we'd probably want to use a collection agency in the State of Alaska. Now there, SPECIAL KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 8, 1995 PAGE 9 we're going to have some very different kinds of collections here that we might be involved in where we may take actions that are slightly different if we're dealing with some out-of-state people. But, by and large, we have not, we do not intend to use collection agencies. BREEDEN: Okay. On Item 7 in Charlie's memorandum to the city manager, where the fire chief wants 20% of the collections to be designated for EMS equipment. Up to $250,000. Well, where were the rest, my questions are, where, where will the rest go? What is this user fee for? I sure don't like to see it going into that General Fund whatsoever. And looking at Charlie's, in the next paragraph, next page, where he said he's not enthused about another designation of fund balances for a single department use, but he admits there's no reasonable accounting or financial reason to objected, to object to it. So, I mean if you're going to charge this user fee, man, that better be what those funds are going for. Period. End of report. It's to that Fire Department and however it needs to be used, whether new equipment, or whatever, for training. I, I just really object to a user fee if you don't do that. MANNINEN: Well, well, the staff considered that also in the original proposal back last fall. We were talking about a dedicated user fee of up to 20% and maybe even having a dollar amount of $250,000. But as of today, we do not want to charge ah, any dedicated portion of the user fee for ah, automatically rolling it back to ah, purchasing equipment for the fire service, even though several months ago, that's where the recommendation was. But I don't know if it's Charlie's persuasiveness or the fact that that right and reason finally ruled the day and, but we changed our position 180 degrees and I think even the Fire Chief and the Fire Department agrees with it. Basically because they're such good lobbyists, they get more money than, than any fee is going to raise anyway from the Council. And, and, and this money going into the General Fund will be available to the Council on an annual basis to appropriate rather than to dedicate for Fire Department and then if Public Works happens to do a snow berm removal fee, to dedicate another pie to them, you know, that would basically take all the decision -making authority away from the Council on an annual budget basis. I don't think the Council wants to do that. I don't think the public wants that. And really, in the long run, I don't think any department wants that and, because you can win some years and then lose forever because of the way that's structured so, we ah, SPECIAL KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 8, 1995 PAGE 10 we were where you're at six months ago, but we're not there right now and, and, ah, we're not talking about dedicating any part of the user fee.... BREEDEN: Well, I thought ... my only argument here...I could argue that one ... but, I mean, I think that the user fees that you said are necessary for the Fire Department, should go to the Fire Department. Period. Keep your mitts off of the rest of it. Now, back over to bill rates. The next page. Ah, what you're talking for transport, 100 bucks. What could that be? Is that non -emergency transport? Could that perhaps be termed non - emergency transport? MANNINEN: First of all, I think you've got the old rate and maybe what I should do is just summarize where we're at because we have had a lot of changes... BREEDEN: Oh, that's the one I got... MANNINEN: That rate is not what's being proposed now. In fact, we don't have five rates, we've got four and the first rate starts at $325... BREEDEN: Is that just for a plain transport? MANNINEN: That would include what you call a plain transport... BREEDEN: $325? MANNINEN: ...It would include, it would include what is in Level One and Level Two in what you have and then the ah new Level Two would be $550, Level Three $750 and Level Four $1500. Now, in Level One would be the basic transport. BREEDEN: (copy of new rate sheet passed to Breeden.) Oh ... thank you. Oh, I see ... ya. All I got was what I was mailed. FREAS: Up until today, I didn't have anything else... WILLIAMS: When, when we had the discussions regarding the resident, non-resident fee, doubling of the fee for non-residents, and so forth, that we decided that that probably would not be a good idea. We also discussed the Level One, $100 transport fee, in that that is the particular area that causes us a great deal of SPECIAL KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 8, 1995 PAGE 11 concern with the abuse of the system. It was felt that ah, if a person just needed to be taken to the hospital, and that's that's what the original basic transport fee was for, than more than likely that someone could take that person to the hospital and there wouldn't be a need to charge them $100 when a guy's just got to over there to get his medication checked, or get their pulse taken, or talk to the doctor because the doctor said "come see me on Tuesday." There's no reason for them to come to the fire station to begin with and get the ambulance ride over. That's where a lot of the abuse is coming from. It was also felt that at a hundred dollars, we still probably wouldn't solve the majority of abuse problems. People would still run over there and jump in the ambulance for a hundred bucks. So, we did away with that fee altogether. What we're trying to say is the basic life support system is there for the people that need it. It's not to be used for someone who needs to go and get their medication changed. It's not to be used because Johnny Junior stubbed his toe and it's bleeding and we've got to get him to the hospital right away. Those are the things we're trying to BREEDEN: Okay... MANNINEN: Although, if somebody chooses to.... WILLIAMS: If they choose to do it, personal choice, and if they want to pay the $325 for it, that's again, their personal choice. BREEDEN: Well, I, I... one thing ... okay, I'll go along with that, but I think it's quite high and your fifteen hundred one here but, ah, some of that stuff s pretty technical. But what I don't see on here, on your rates, is, and I know, I mean, I know hospital personnel and I also know ambulance personnel, have gone to Anchorage on cases on air-evac cases and I know air-evac cases can run at the minimum of $2,500 up to nine or ten thousand and I don't see a charge on here of what you're going to charge for somebody going to, your personnel going to Anchorage. WILLIAMS: That's... BURNETT: Currently, in the transporting from the hospital, the, with an air transport. BREEDEN: Okay. last four, since we started we haven't sent any medics with SPECIAL KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 8, 1995 PAGE 12 BURNETT: A stand-by fee hasn't really been addressed at this point, if we did. BREEDEN: Okay, down to Item 1. Medicare and Medicaid billings expected to filed electronically by a subcontractor. I want to know who and I want to know why and I'm still wondering, as a Medicare recipient, boy, oh boy, oh boy, you know, who is going... Say you guys take me in, who in the world is going to file for my co-insurance, my AARP. Oh boy! You know. And I think you need to do that in-house. So .... and then you say, interest will not be charged. I want to know, why not? WILLIAMS: Well, we want to be a little benevolent here. BREEDEN: Okay. You say, Number 5, penalty of ten percent "may be" charged. Well, why not, "shall be" charged? WILLIAMS: I think that there needs to be a discretionary thing here. The Administration is willing, as is the hospital and everybody else, to work with patients. If you put "may be" charged in there, if it's a blatant refusal to pay because of some philosophical difference with the City, or because they're running from the bill and have the ability to pay it, we have then the right to charge. But if it's a hardship case where it's quite obvious that nothing's going to be gained by either the City or the patient by fighting this thing, there's no sense in us, you know, being hard-nosed and "shall" charge the ten percent. It's a discretionary call thing, that's what it is. BREEDEN: Okay. In Number 6, I wonder why the Finance Director alone has the authorization to right off accounts deemed uncollectible. And here again you go into Medicare and Medicaid. And what about your supplemental insurance and what about other insurance companies? Are you going to let that be written off too by him? WILLIAMS: Mr. Brown? BROWN: Well there, I, I think there's too much emphasis on what other insurance companies will pay. The patient owes the money. If they have insurance or don't have insurance, or only have a policy that has a $2,000 deductible and they owe the money. It's up to them to get it. What this discretionary right -off is that there are cases where it just simply not going to be worth the money.... SPECIAL KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 8, 1995 PAGE 13 BREEDEN: Well, I guess probably one of the points I'm trying to get at around the corner somewhere is, you're really not saying anything about other commercial insurances in here. Everything.... BROWN: Okay. The only, it's my point, I'm trying to make a point that I'm not dealing with the other insurance companies. I'm not mentioning them because I do not intend to send a bill to other insurance companies. BREEDEN: Okay. WILLIAMS: Ah, just a minute Loretta, Councilwoman Swarner has a comment... SWARNER: Okay, Loretta, I don't know if you are aware, but if you accept assignment under Medicare, you have to accept what they pay... BREEDEN: Yes, I know, and it's very little. SWARNER: Right. And also, as a supplier of services, you have to right off what is called, I believe, billed and unfileable (sic), or some such thing. It's like a couple dollars. BREEDEN: Well, you know, like if you go down to the doctor's office, the doctor will bill Medicaid and he will bill your supplemental insurance. SWARNER: Right. BREEDEN: Or he will bill your commercial insurance. Some of them ask for money up front. SWARNER: But you don't have to. But anyway, you do, there are, somebody has to say, okay you can right off these allowable charges under Medicare. So, that's what .... WILLIAMS: Councilman Bannock? BANNOCK: If I could ask a question to Councilwoman Swarner perhaps? If you, if you then agree to accept a Medicaid payment, and we'll just assign it a figure of $75 here for the argument. We'll call it $100. Yet the bill is $325, does that mean that the City cannot accept from another source the other $225? SPECIAL KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 8, 1995 PAGE 14 SWARNER: Okay, I just want to clarify something. Are, you said Medicaid. Do you mean Medicare or Medicaid? BANNOCK: Okay, not knowing the difference, I'll say either one of them. SWARNER: Okay. Medicare is for someone over 65 and disabled. BANNOCK: Okay. SWARNER: And, if the bill is $350 and they will only pay $75, you write the rest off. BANNOCK: Okay, you cannot go back and ask them and say, "you're Medicare paid this much, so we still need 250 bucks?" SWARNER: When you have accepted assignment, that's all. Unless they have supplemental insurance. Then you can go after, then you know you can file that other one. But other than that, that's it. BANNOCK: That's the only, that's the only other way that we could, in that scenario collect the other two -hundred -and -some- odd dollars. SWARNER: And your chances of collecting the other $200 BANNOCK: But that's just for the you can't get it from the individual. SWARNER: Not from Medicare. SMALLEY: Right, right. WILLIAMS: Unless they have supplemental. BANNOCK: Unless they have supplemental. So, that means, that the customer that's on Medicare and no supplemental, in this example, would get a 75 dollar bill. WILLIAMS: Whatever their rate is. BANNOCK: Whatever their rate is, yeah. Whatever they've agreed to pay. Regardless if the City of Kenai bills them for $325 or $1,500. SPECIAL KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 8, 1995 PAGE 15 BROWN: Yeah. I cannot go after that excess. What I can do is, after Medicare sends me a statement, and I don't have any experience in this, this is what I'm reading in the book...After they send me a statement, they'll tell me if the patient had met their deductible for the year and what their co-insurance is and I can bill the patient for the deductible co-insurance. But, it's not much. BANNOCK: If there is co-insurance. BROWN: Well, there is a, I guess there is a co-insurance on that care. BANNOCK: Okay. Oh. All right. SWARNER: And yes, you did, I forgot about the deductibles. Because at the end of the year you have a certain amount of deductibles. BANNOCK: Thank you. BREEDEN: Well, just to give you folks an idea of what Medicare pays. All you gals know about mammograms and I'm sure you fellows know about your wives and I'm a new one on Medicare and I'm utterly amazed ah, actually, I, I, I couldn't believe it when I got back my notice of what the payment was to the hospital, Providence Hospital. A grand total of $19.16. Now, boy, you're really talking big money to contract this out. You know. Geez. But anyhow, I, I think that's a bad idea. That's probably one of the biggest reasons why you won't get even your monies' worth. I got some questions on your collection process for unpaid accounts. What you going to do, collection agencies? WILLIAMS: I think that we answered that. We said that... BREEDEN: Yeah. I wasn't real sure. WILLIAMS: Right. We handle that in-house through the attorney. The only time that a collection agency, Mr. Brown stated, will probably be used is in the case of out-of-state situations where you have to chase somebody down to collect the money. BREEDEN: Um hmm. Well, knowing a little bit about collections and collection law in the State of Alaska, you've got a patient in that SPECIAL KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 8, 1995 PAGE 16 ambulance who's comatose or for whatever reason, he can't sign that responsibility for debt thing that you've got down here, right down at the bottom here. And, ah, hospitals sometimes, I call it trick, the spouse or the person that's with them or something, to sign and then they become responsible along with the patient. Ah, how are you going to decide if you have a comatose patient about whose responsibility is it for that debt? When does signing on occur? And, if the person's comatose, who is responsible? And boy, you better show a responsibility or you aren't going to collect that debt. WILLIAMS: Let me direct a question to Mr. Gibson. Mr. Gibson, in the insurance industry, if you have automobile insurance and you're involved in a collision and God forgive, but there is a death as a result of that collision, ah, the patient is transported to the hospital, how do you collect your money from the insurance company if the patient happens to be the primary recipient or the primary holder of that policy? Does the insurance company offer any type of resistance to paying the deceased patient's bills? GIBSON: Assuming there's a, assume that, you're talking about a two -car accident or one car? WILLIAMS: Either, it doesn't, one of the... GIBSON: Okay. A one -car accident, a person would have to have medical coverage first of all. And the transport, under the auto policy, it's reasonable with expenses for transport. Now whether the person is comatose or dead or whatever, that transportation fee, as I understand it, would be paid under the medical section to the hospital if they're transported to there... WILLIAMS: Or the ambulance billing... GIBSON: Or the ambulance. The , the City would present a bill and that would become part of the claim to be submitted to us in our case. WILLIAMS: So regardless if there was a signature or not, it would still be paid. GIBSON: Correct. WILLIAMS: Councilwoman Monfor? SPECIAL KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 8, 1995 PAGE 17 MONFOR: Mr. Mayor, I think Mrs. Breeden brought an interesting point and I really hadn't considered it. Let's just get away from these routine runs and either (a) somebody's in cardiac arrest, which is, they're not going to caring if they sign anything, or (b) there is a major accident. I can't imagine, first of all, that the Department would have time to be worrying who was signing and on what line, and secondly, I'm sure whosever needing the services could give a care that they have to sign on some line. Isn't that something you just work out by being in this. I mean, I don't think we have the answer for everything yet because we haven't done it. BROWN: No, Dave gave me a phone number of a city in the southeast that's about our size that's been doing this. They've been doing it in-house pretty much like we began to set it up and I asked him the same question. Because obviously, we're not going to get their signature. A lot of times we may not. They told me it's not a problem and they estimated about half the time they don't get this signature and it doesn't seem to be a problem with collections in general. It doesn't seem to be a problem with Medicare. First, of all, they're electronically filed anyway and people don't, the government doesn't even really see the signature. It just doesn't turn out to be a problem. We're going to try to get the signature when we can, but it's not the top priority. MONFOR: How about saving the life is the top priority. BREEDEN: Well, I guess I've asked enough questions. My parting shots will be, user fees are for the Fire Department only and if your wife or husband gets in the hospital, don't sign that responsibility sheet. WILLIAMS: Thank you. BREEDEN: Okay, thank you all. WILLIAMS: Yes, please... GIBSON: I just would like to make a comment if I may. On the penalty, ah, if the account is not paid within 45 days, from an insurance standpoint, I would, I would suggest that should be at least 90 days before imposing a ten percent penalty because there are many situations where claims are not paid until all the data is in and all the investigations ah, we're talking about a two -car accident. Especially in this situation where a party, one party is SPECIAL KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 8, 1995 PAGE 18 liable or they can't establish which party is liable, therefore they don't know which person is responsible for the bill and sometimes that takes quite a little while for the police to get their investigation done, the reports in and establishing liability is sometimes the problem. WILLIAMS: Okay. We'll take that into consideration. All right. Yes, Mr. Meeks. MEEKS: Roger Meeks. Post Office Box 424, Kenai. Ah, first off, I'd like to go back to when we didn't have any ambulance service. About the time I came here, we got an old, what do you call it, the old blue ambulance we had... WILLIAMS: Air Force ambulance. MEEKS: It wasn't Air Force, it was ah... SWARNER: Civil Defense? MEEKS: Civil Defense and we had one old rackety fire truck and Jim Doyle can tell you about that cause he was on volunteer fire and ambulance when we had those. I don't know if he was on right at that time, but he was at the time we got the old fire hall over where the art gallery is now. He and True McGrady's still two of the old volunteer fireman that went all the way through it that still live in town. We got along then with volunteers. Of course, as we grew, we couldn't, couldn't depend on volunteers. I might add, they were just as good for the equipment they had as the fire department is today. They responded very quickly and they saved a lot, a lot of houses. Back in those days, I was on City Council and I don't ever remember of ever voting against anything that the Fire Department wanted. I, I just couldn't bring myself to do it when they were running the Fire Department without pay, getting up in the middle of the night and then going to work the next day and doing the same day's work that I was doing. It was kind of hard to vote against something they wanted. There was times I did question their methods, but ah, I just felt, well, maybe they knew better than I did, but I didn't agree with them all the time. SPECIAL KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 8, 1995 PAGE 19 Just like this thing, I don't, I don't like to see the fund go in to the General Fund. Although, I can see Charlie Brown's ah, reasoning for it. After while, you can get it up to here with separate accounts until you're going to have to put on two treasurers to work at the city business. Ah, I don't think should get out of line too much with other facilities in charging, but sometimes it does seem quite, quite a lot of money to have to put out for and, of course, you won't get this type of money if you're dealing with Medicare. You never will. So, and, and, to answer a question about Medicare. I've dealt with Medicare and ah, I don't agree with Loretta on those forms are simple to fill out. If, if all you did was fill out that one form when you got the medical attention and didn't fill out any more, but brother, I've got them sent back to me, back and forth until I swear I think I filled out ten forms and there should have been one, ah but what you do, the Alaska Medical Center does is the lady that fills them out claimed to me that according to law, they have to fill those out, Medicare and Medicaid. They do not have to fill out your supplemental. They did for a while and then they got away from that. The way our insurance works with our union is it is a $2,000 deductible on, on our supplemental insurance and ah, of course, like Linda says, when you accept assignment, which our family service probably will, then the supplemental insurance pays ... then Medicare pays 80% of the assignment. The supplemental insurance pays 80%, or mine does, 80% of the other 20%. So, it doesn't leave the person receiving the service a whole lot to pay. And that's the way it works. I don't know how it does with other private insurance or not, but ah, I know you can't collect from both insurance companies full amount because it states that right in your policy when you start doing it. But, I would like to say that that the only objection I have with this and I'm all for it because I'd a whole lot rather see people that use that ambulance service, pay for it than later on down the road, somebody's going to pay for it and I don't, sure don't want to see it tacked on to house insurance, ah, property insurance. Because that's who's going to pay. And that's why Anchorage is in trouble right now. They won't invoke a sales tax. But sales tax can only collect so much and then when all the rest is on the property, I don't like the idea of paying for somebody from Florida, coming up here and using the ambulance service for free when I'm sitting here paying for it. SPECIAL KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 8, 1995 PAGE 20 So, that's, that's really the only objection I have to it. Otherwise, I'm all for it. WILLIAMS: Thank you. Any questions? Councilman Bookey? BOOKEY: Roger, are you comfortable with the fees that are proposed? MEEKS: Ah, not really, but I, I look at it in another way. I know that, I hate to say this because I am a senior citizen, but you've got to make up somewhere where you lose on this assigned assessment. And the assigned assessment, a lot of times, is a whole lot less than you charge and it gives you a chance... you're going to lose money from everybody on down the line, especially from tourists. Ah, there's some way you have to make it up. But you have to balance it. And I hate to see somebody have to pay $1,000 to go from here to Soldotna just to make up for what I don't pay when I collect on Medicare. But then, ah, of course, I may need the ambulance tomorrow, but in the forty years I've lived in Kenai, I've never had an ambulance and I hope to God I never have one. WILLIAMS: You're lucky. I've used it twice in the 25 or 30 years I've lived here and I'm glad it was here. MEEKS: When you need one, it's nice to know it's there. And, just to give you a little story, it's nice to know it's there. Jim will probably remember this. Back in the 601s, middle 601s, True McCrady, by name, could not hear the siren when it went off here in town. He was a volunteer fireman with the Department. So, he asked that one be installed closer to his house. So they got permission from Glen Kipp to put one on top of his motel. He did, and you should have heard the residents scream. They didn't want that there at all. So, I, you know, I had to come to their defense on that because my argument there was if I can lay in bed on a nice ice-cold night when it's 20 below and these guys get up and go out to a fire, I'll give them anything they want. WILLIAMS: All right. We still have some time for more comments from the general public here. PORTER: Ah, my name is Pat Porter and I live at 116 Deepwood Court. I'm very much in favor of supporting an ambulance, a fee for ambulance services. Um, I don't have a problem with that at all. I would like to address something though. The Senior Center, SPECIAL KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 8, 1995 PAGE 21 as I'm not only a resident, but I also am employed by the City of Kenai, is very happy to file for senior citizens, help them with their co-insurance. We do that on a regular basis all the time at the Center and if they're having difficulty with that, we'd be happy to help them with it. And, actually follow it through. If they have problems with insurance companies, we'll help them file appeals. So um, that should take care of dealing with older people, especially if they're having a problem taking care of the paperwork on that end of it after Charlie files with Medicare. We'd be happy to do that for them. And also, the idea of putting money, taking this money and putting it into a special fund. Even though it goes into the General Fund, um, I think we all need to remember that the salaries of all the Fire Department paramedics is all paid out of the General Fund. Is that correct? WILLIAMS: That's correct. PORTER: So even though it's going to the General Fund, ah, that money is, in fact, going right back into the Fire Department. So, those are the comments I had. WILLIAMS: Well, and as I mentioned earlier, and I would like to reiterate, we have set up a special, what we call the Heavy Equipment Reserve Fund that we continually, every budget year, putting money into it specifically for the purpose of replacing equipment. The next ambulance that we buy, the newest ambulance that we have is seven years old. Is it that old? It's hard to believe that's seven years. The older ambulance is how old? BURNETT: Eleven years. WILLIAMS: Eleven years old. So the next ambulance we buy is going to cost $125,000. We can reach right into that reserve fund and pull that $125,000 out, whether we need to take out or pay for it. Because it's a strange thing that these companies that sell cities equipment. They expect us to pay for it right now. They don't want to wait around for the money. So, we have to reach right in there and grab the money and pay for it. So it's, it's going to come right out of that heavy equipment and we'll just keep funding that fund and buy what we have to Okay, more comments Mr. Doyle? You were here a little late this evening. SPECIAL KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 8, 1995 PAGE 22 DOYLE: Yes I was and I wish I hadn't been because I'd have liked to have presentation and to ah make a few comments on it. What I did hear, it sounds like I'm going to be kind of the only one that's ah, maybe not in favor of this. I'm not in favor of the charges on here. I don't ah, at this time anyway. Two reasons that I'm not ah, I think it should be left as it is. I think the benefits to the city, as far as the public relations, they're going to be a lot better the way it is than if you have a big bill out there that a lot of people can't pay. A lot of people won't pay. It's probably going to be worse than water and sewer assessment bills and things like that. We went through the billing on the Fire Department years ago. It didn't work then. Things, I sure, are a lot better now. I think that the ah, I think that the ah, feelings that is going to cause, with a big bill out there, when you're hurt and you're in the hospital and need a doctor, whatever the case is going to be, I think it's going to cause more damage than the few bucks that you can draw in on the, on the ambulance fee. As far as the cost of the ambulance, that's what that money's in there for, Mr. Mayor. The ah, part of it anyway. The taxes have been paying this ambulance fee for, since we quit being a, a volunteer fire department. I also know that the fire ratings have come way down since it first started. When I first went on there it was a ten. And it's way down now. So anytime it comes down by, I don't what it comes down by, but I assume it comes down about ten percent, your fire insurance. Another part of the ah, all part of it as far as I'm concerned, the extra time, the expense for the Fire Department when they are out there on an ambulance call and I know it takes time when you get people in a car accident, or whatever the case may be, ah, injured people don't have the facilities sometime to know what's going on and give you the right information. If the wife happens to be there, or whoever it is, if your husband's been in an automobile accident, you sure don't want these guys trying to get information out of you. You're more worried about your husband, wife, whoever it might be. There are two or three other things. I kind of jumped around a little bit, but ah, you also know that the ah, expense on these ambulance and whatever is going up, is included in the tax base of the City of Kenai for the last ten years. It's went way up. It all goes to pay it and this is all has been paid out of taxes all these years, why, why has it got to be different now? Unless there's some reason for it if we're going backwards, well then SPECIAL KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 8, 1995 PAGE 23 that's something else to think about. But again, I wasn't here to hear the presentations so I don't know all those things. A couple of other things that I might throw in. If you do go ahead.... (TAPE CHANGE) ...One reason I think it would be better, put a flat rate in there of $150, maybe 200 bucks, something like that a flat call. At the same time, put an ad in the paper. Sell rescue cards to the people and anybody that wants to buy it for 50 bucks. Sell 2,000 of them, you've got $100,000 there. Believe me, you'll sell them. The first new ambulance the City of Kenai had was a 167 Cadillac. The volunteers bought it. We bought it selling rescue cards for five bucks a, five bucks per family. I know you could sell them for 50 bucks. There isn't anybody here, probably, that wouldn't pay 50 bucks for a rescue card for the, to cover the whole family. It would raise a bunch of money. It's just kind of a suggestion of one way of doing it and ah, I don't think the ah, the rates should be anywhere near as high as what they are. I don't deny it doesn't cost that much, but this is new, there's new money coming in. We're still being covered by the, by the tax base out there. Another thing that I am against, and that's making two different costs. A cost for the tourist and a cost for the local people. I don't agree, I don't agree with that at all. We want these tourists up here. That's what, that's what we've been trying to draw, the City of Kenai's been trying to draw tourists for years. Why penalize them for being a tourist to come in or whatever the case may be. And probably, chances are it's going to be harder to collect from them anyway. I believe that probably covers it. I am against it. I would like to see it stay as it is. I wish I hadn't missed the presentation, but anyway, why, if there's any questions, I'll be glad answer. WILLIAMS: Thank you very much. Questions of Mr. Doyle. Thank you Jim. All right. Anyone else? Mrs. Waters. WATERS: I'm Barbara Waters. I reside at 311 Kulila in Kenai. Been here, since somebody said they've been here 30 years, I'll say I've been here 178, however that many might be now. Um, I'd like to thank Mr. Doyle for having the courage to say he's not in favor. My husband's not in favor and you'll notice he's not here with me tonight and that's because he said he'd rather not SPECIAL KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 8, 1995 PAGE 24 risk the high blood pressure and stay home with our grandchildren. So that's where he is. So count him down as one opposed at least. Um, I have some comments on some of the comments that have been made and I hope you'll take them to heart and listen with ah, the same respect that I'm giving them as well. I appreciated what Mr. Gibson had to say about the 90 days for insurance and Medicaid/Medicare billing. I would request that if you do consider, and that is in regards to the ten percent penalty, if you do consider that 90 days for those who are insured, however they might be insured, I wish that you would give that same degree to those of us who are not insured for whatever reason. There are plenty of us out there who are not insured and that was discovered when the Borough started going through all of this a few years ago and ah, went through the health care forum, went through their ambulance fee forums. There are a number of people. It's not just those of us who are self-employed, but for whatever reason, there are a number of people and I forget the percentage, but it was quite high as I recall. About the people who reside within this Borough and this City who are under -insured or uninsured. I'm one of them for various reasons. I wish you would listen very carefully. There have been a lot of concerns about putting the funds into the General Fund. There should be some red flags here people. With all due respect, why are we concerned that the money should be put, should not be put into the General Fund. So, I think, that if the money is, and I think it probably will be put into the General Fund, that you would be very careful upon using that money as I'm sure you are with all of our funds that are put into the General Fund. But there is a lot of concern out here. It's coming from somewhere. So you tell me. I have no idea. But why is that, that most of the comments we heard tonight said, "I don't think it should be into the General Fund. I think it should be put into a special fund for the Fire Department or whatever." Ah, one thing that I was concerned about, and I wrote it down at the time, someone said, and I believe, forgive me if I'm wrong, but it was the Chief who said the ambulance personnel will capture the info on insurance. Ah, I don't recall who said that, but you did say that there will be three paramedics with ah, a patient on transport. One driving, two in the back with the patient. Is that correct? SPECIAL KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 8, 1995 PAGE 25 BURNETT: It depends on the type of injury. WATERS: But those were the figures that you did give. And so what I'm wondering when I heard that, it really set off bells, ah, ambulance personnel will capture the info on insurance, perhaps it was Charlie who said that, I don't recall. But, the reason it concerns me is, gosh, I'd sure rather they'd be taking my temperature and taking my vitals instead of worrying about, finding out if Barbara is insured. She's not. Mark it down guys. If I'm insured, if somebody's going to pay my bill, I will. I've lived here for a number of years. I've never escaped on any of my bills. We've gone through braces, we've gone through broken bones, we've gone through a number of things. Emergency or otherwise and we have always, always paid. It may be ten dollars a month. Or twenty dollars a month. But you're going to get your money. And that was why I'd like to see what Mr. Gibson said about the 90 days applying to a ten percent interest fee. Because I may not be able to come up with, well, I know I can't come up with 1500 bucks tomorrow unless I call in all of the markers that are out there. Um, I think is coming for user fees. I sure hate to see it, but I think it's there. You play, you pay. They started that at the School District a number of years ago. Ah, there've been a number of complaints about that. So, I guess we're looking at if I ride, I pay too. I will say, I'm very thankful I've never had to use the Fire Department for ambulance fees. We did have a minor fire in 192 at our home and ah, we did have to have the Fire Department out and I was thankful that they were there and that we were close enough that they got there. And ah, that brings up another concern. What's next? Fire calls, police calls... WILLIAMS: No, but we do have an awful lot of concerns about animal control. WATERS: Well, yes, and I spoken about Mr. Godek about that. He's always on call and I have to say, kudos to the man. If you don't give them to him, please do. I do constantly because he's always been there when my kids have needed them when they've been chased by a dog. But that's a totally different subject. But is a serious subject when you think about are fire calls next? Are we going to start charging for fire calls? If your house only has smoke damage, are we only going to charge you $325, but if it burns SPECIAL KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 8, 1995 PAGE 26 to the ground, sucker, you've got 1500 bucks coming in your mailbox bill. That's quite facetious and it's meant to be, it's meant to be. But I think that the concern is there. My major concern is the money going in to the General Fund. I think the concern is there with a lot of people. If you put it into the General Fund, please use it wisely because not only I, but a number of other people are watching. And, I said I'd be here tonight with bells on. I forgot my bells. I apologize. Thank you very much. WILLIAMS: With regards to fire. There's been some comments here about the fire station always seems to get what they want. Ah, as I said here earlier, we've prided ourselves on the fact that we have a good service here. We've always maintained and funded that fire department. This year alone to the tune of better than three- quarters of a million dollars in new equipment which we managed to get and paid for in cash, let me say the City did without having to, you know, worry about where we were going to get the money. We've been very fortunate in that respect. The result in investing better than three-quarters of a million dollars in our fire department this year is that there is a very good potential for lowering the fire rating within the city again. Jim had talked about the days when it was a rating of ten. I remember those days too. Generally speaking, across the City we're setting at a five, I believe, now. We have every hope to bringing it down to a four. That, in itself, is a tremendous savings to the taxpayer who owns his home and is insuring it. A tremendous savings in fire insurance costs. So, what we're really saying here is that we're trying to keep the best departments on the Peninsula going up to full speed and we're not going to let them backslide. We want to make sure that they're funded properly and that the proper equipment is there when it's needed. So, when you say we're going to do that. With regard to the number of people without insurance. As I recall my figures correctly, nationally the average is about 17%. Locally, through the research that was done by the Borough, I believe it hit 19% of people who are uninsured. And that was one of the reasons that prompted to pick the figure 20% as a known fact that we would probably have to write off 20% of the calls made because there won't be funding to cover it. And I think, think that we've looked at that as well. So, the City of Kenai definitely is not going to the position of being the masked SPECIAL KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 8, 1995 PAGE 27 collector of bills from old folks and children. We're not going out and robbing anybody from the money that they may or may not owe us. We're going to be fair across the board about this whole thing and I guess the biggest single factor that the City of Kenai is, we're growing. We've grown into quite a little metropolitan area, if you will. We kind of a just a small rendition of a big city in that there are 7,000 of us here within the City compared to when I came here with about eight or nine hundred. And there is about 25,000 who are directly dependent upon the services of our city. That intersection right out here by the Dairy Queen, by official figures of the State Highway Department, is the busiest intersection on the entire Kenai Peninsula. There's an average of about 15,000 cars a day go through that intersection. It's absolutely unbelievable. And let me tell you, some of them hit each other and it causes us some concern. But ah, those are all things that are leading. I look back over some of the old times like you guys and I say, gee I remember when we were pushing hard to make this place grow because we wanted to make it bigger. And now we've made it grow and it's bigger and now we've got to come along and catch up and pay the bills for getting there. But, I kind of like it the way it is. I liked it the way it used to be, but I think I kind of like it a little better the way it is now. I don't have to go to Anchorage to shop at Kmart, I know that. MONFOR: We got to shop there first, right? BANNOCK: Anchorage came here to shop at Kmart. BROWN: On the penalty, I'm not sold on the 45 days versus 90. But that's not the point really. Earlier I said and I'll stand by this that I only intend to assess the penalty in extreme cases, such as refusal to acknowledge the debt or refusal to cooperate in any payment method at all. So it isn't the time period. If they're, if they say they need two years to pay it and all they can pay is 50 bucks a month or something, they're not going to get hit with a penalty to begin with. So, I don't, I don't that's a big issue. WILLIAMS: In answer to one more question. A question that seems to be filtering through the group about concerns of it going into the General Fund. There are seven people setting at this table who are elected by the people of this city. One of the reasons we were all elected is because we're concerned about what goes through that General Fund. I set up here at this table night after night concerned about that General Fund and as can be shown from the charts that I showed earlier this evening, we have controlled that 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? Further comments from the community? Councilwoman Monfor. B-1(c). council Discussion 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 play. I know that Emergency Services does charge I don't know that they've been standby at the This also can be set, I believe, by the Council too. fee comes into a standby fee. 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 Is 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 staffs 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 8, 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: ADJOURNMENT 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? SPECIAL KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 8, 1995 PAGE 36 Seeing no further business to come before the Council, this meeting is adjourned. (Meeting adjourned at approximately 9:29 p.m.) Minutes transcribed by: Carol L. Freas, City Clerk E—'z AGENDA KENAI CITY COUNCIL - REGULAR MEETING FEBRUARY 15, 1995 7:00 P.M. KENAI 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) C. PIIBLIC HEARINGS 1. Ordinance No. 1627-95 - Increasing Estimated Revenues and Appropriations by $270 in the Council on Aging Title III Fund. 2. Resolution No. 95-6 - Transferring $1,604 in the General Fund for Travel Expenses for Attendance at a Maintenance and Repair Seminar on Fire Aerial Devices. 3. Resolution No. 95-8 - Transferring $1,356 in the Water and Sewer Fund for Costs Associated with Training an Employee to Use the Wonderware Telemetry System Software. 4. Resolution No. 95-9 - Transferring $1,360 in the General Fund for Travel Expenses for the Building Inspector. 5. Resolution No. 95-10 - Transferring $17,257 in the General and Water and Sewer Funds for O.S.H.A. Recommended Purchases. 6. *Liquor License Transfer - (Simultaneously Transferred) a. Mr. D's - Beverage Dispensary/Tourism - From Kenai Mountain Inc. to Donald M. Aase. b. Mr. D's - From Donald M. Aase to Mr. D's, Inc. -1- 7. *1995 Games of Chance and Contests of Skill Permit Application - Kenai Peninsula Young American Bowling Association. 8. *1995 Games of Chance and Contests of Skill Permit Application - Ducks Unlimited, Inc. 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 February 1, 1995. F. CORRESPONDENCE None. G. OLD BIISINESS 1. Approval - Insurance Broker Request for Proposals. H. NEW BIISINESS 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $1,000 3. *Ordinance No. 1628-95 - Increasing Estimated Revenues and Appropriations by $73,500 in a New Capital Project Fund Entitled "C.A.P. Taxiway and Apron." 4. *Ordinance No. 1629-95 - Increasing Estimated Revenues and Appropriations by $40,000 in the General Fund for Legal Expenses Related to Inlet Woods Special Assessments. 5. *Ordinance No. 1630-95 - Increasing Estimated Revenues and Appropriations by $11,243 in the General Fund for Additional Overtime and Benefits in Several Public Works Departments. -2- 6. *Ordinance No. 1631-95 - Amending KMC 11.20.160(a)(2) to Set Lease Rates of Tidelands at Six Percent (6%) of Fair Market Value and to Clarify Meaning. 7. *Ordinance No. 1632-95 - Establishing KMC 11.20.790, Setting the Annual Lease Rate of Shore Fishery Tidelands at $300 and Setting Policy for Shore Fishery Tideland Leases. 8. Approval - Assignment of Lease - Lot 3, Block 4, General Aviation Apron. 9. Approval - Alaskalanes, Inc. a. Amendment to Lease b. Consent to Sublease 10. Approval - Kenai Peninsula Caucus - Dues for the 1995 Fiscal Year/$727.00. 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 FEBRUARY 15, 1995 7:00 P.M. KENAI CITY COUNCIL CHAMBERS VICE MAYOR H. RAYMOND MEASLES, PRESIDING ITEM A: CALL TO ORDER Vice Mayor Measles called the meeting to order at approximately 7:03 p.m. in the Council Chambers in the Kenai City Hall Building. A-1. PLEDGE OF ALLEGIANCE Vice Mayor Measles led those assembled in the Pledge of Allegiance. A-2. ROLL CALL Roll was taken by the City Clerk. Present were: Bookey, Swarner, Monfor, Measles, Bannock and Smalley. Absent was Williams. A-5. AGENDA APPROVAL Vice Mayor Measles requested the following changes to the agenda: REPLACE: C-5, WITH SUBSTITUTE RESOLUTION NO. 95-10 ADD TO: D-70 BEAUTIFICATION COMMITTEE - Information regarding Arbor Day Grant Proposal/Kenai Middle School participation. ADD TO: H-21 Purchase Orders Over $1,000 a. Purchase Order to Alaska Industrial Hardware - $1,473.30. b. Purchase Order to IISCO - $6,980.00. C. Purchase Order to B&W Technologies - $5,600.00. d. Purchase Order to Schmidt Engineering - $2,903.28. REMOVE FROM: H-21 Purchase Orders Over $1,000 - Purchase Order to IISCO - $9,780.00. REMOVE: H-8, Approval - Assignment of Lease There were no other changes to be made to the agenda. Vice Mayor Measles determined the agenda would stand approved as amended. KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 15, 1995 PAGE 2 A-6. CONSENT AGENDA Vice Mayor Measles reported he had no changes to the Consent Agenda. There were no changes requested by Council. Vice Mayor Measles determined the consent agenda would stand approved as submitted. ITEM B: SCHEDULED PUBLIC COMMENT None. ITEM C: PUBLIC HEARINGS C-1. Ordinance No. 1627-95 - Increasing Estimated Revenues and Appropriations by $270 in the Council on Aging Title III Fund. MOTION; Councilwoman Monfor MOVED for adoption of Ordinance No. 1627-95 and Councilman Smalley SECONDED the motion. There were no public or council comments. VOTE: Measles: Yes Bannock: Yes Smalley: Yes Williams: Absent Bookey: Yes Monfor: Yes Swarner: Yes MOTION PASSED UNANIMOUSLY. C-2• Resolution No. 95-6 - Transferring General Fund for Travel Expenses for lAttendance ,604 in eat a Maintenance and Repair Seminar on Fire Aerial Devices. MOTION: Councilwoman Monfor MOVED for approval of Resolution No. 95-6 and requested UNANIMOUS CONSENT. Councilman Smalley SECONDED the motion. There were no public comments. Councilwoman Monfor stated she believed this was a large amount of money for travel expenses for KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 15, 1995 PAGE 3 a seminar, however she felt it very important for the maintenance personnel to be able to care for the equipment properly. VOTE: There were no objections to the motion. SO ORDERED. C-3. Resolution No. 95-5 - Transferring $1,356 in the Water and Sewer Fund for Costs Associated with Training an Employee to Use the Wonderware Telemetry System Software. MOTION: Councilman Bookey MOVED for approval of Resolution No. 95-8 and Councilman Smalley SECONDED the motion. There were no public or council comments. VOTE: Councilwoman Monfor requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. C-4. Resolution No. 95-9 - Transferring $1,360 in the General Fund for Travel Expenses for the Building Inspector. MOTION: Councilman Smalley MOVED for approval of Resolution No. 95-9 and Councilwoman Monfor SECONDED the motion. There were no public comments. Councilwoman Swarner asked where the seminar was being held. Kornelis answered Colorado, from March 6-10. Councilman Bookey asked if the seminar was part of the training the building inspector was to have as a requirement for his hire. Kornelis stated no, the building inspector had already completed that training. This seminar is additional training. VOTE: Councilwoman Monfor requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 15, 1995 PAGE 4 C-5. Resolution No. 95-10 - Transferring General and Water and Sewer Funds for lO.SSH.A. 7,257 in the Recommended Purchases. Vice Mayor Measles reminded Council they were to address the substitute resolution added to the agenda at the beginning of the meeting. MOTION: Councilwoman Swarner MOVED for approval of Substitute Resolution No. 95-10 and Councilman Bookey SECONDED the motion. There were no public or council comments. VOTE: There were no objections to the motion. SO ORDERED. C-6. Liquor License Transfer - (Simultaneously Transferred) C-6a. Mr. D's - Beverage Dispensary/Tourism - From Kenai Mountain Inc. to Donald M. Aase. C-6b. Mr. D's - From Donald M. Aase to Mr. D's, Inc. Approved by consent agenda. C-7. 1995 Games of Chance and Contests of Skill Permit Application - Kenai Peninsula Young American Bowling Association. Approved by consent agenda. C-8. 1995 Games of Chance and Contests of Skill Permit Application - Ducks Unlimited, Inc. Approved by consent agenda. ITEM D: COMMISSION COMMITTEE REPORTS D-1. Council on Aging Councilwoman Swarner reported a breakfast for Center volunteers will be held at the Senior Center on Tuesday, February 28. KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 15, 1995 PAGE 5 D-2. Airport Commission Councilman Measles reported the Commission met on Thursday, February 9. A copy of the agenda was included in the packet. There was nothing of any major concern discussed. Airport Manager Ernst will discuss additional information later in his report. D-3. Harbor Commission Councilman Bookey reported the Commission met on February 6. They discussed location of buoys in the river and also bluff erosion. The meeting minutes were included in the packet. D-4. Library Commission Councilwoman Monfor reported the meeting minutes were included in the packet. The Library will be open on Sundays during March, with the exception of Easter Sunday. During Sunday hours, the volunteers will run the Library. Monfor asked if a student applied for the Healthy Communities seminar. Councilman Smalley reported he was told a student was interested. Mrs. Thorpe told him she suggested the student should be in the leadership class. Smalley told her that was not a requirement of the Council. D-5. Parks & Recreation Commission Councilman Bannock reported a meeting was held on February 3. The minutes of that meeting were included in the packet. The Commission discussed the five-year capital projects list. They will be holding a special meeting on February 16 to discuss the budget. The special meeting will begin at 7:00 p.m. in the Council Chambers. Banners: Director McGillivray reported he had comments from Council and other people that some of the street banners needed replacing (fading colors) and repair. He discussed the problems with the company from which the banners were purchased. The company will replace the red mesh with new mesh (which is colored with a better grade of dye) for $30 per banner. The banners cost approximately $160 each when purchased. The white and blue colors on the banners are still in good shape. The company will also repair the torn banners. McGillivray requested permission KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 15, 1995 PAGE 6 to have the mesh replaced and the banners repaired instead of purchasing new banners. The banners should last a few more years. Council had no objections. Christmas Decorations: Director McGillivray also reported some of the garlands on the Christmas decorations are in poor shape. The decorations are expensive to purchase. McGillivray suggested making those decorations needing repair into silhouette lights. He has seen them in magazines, etc. and they look very nice. McGillivray stated he would have some hung outside of the shop and Council can look at them and see if they will be acceptable. Most of the work can be done in-house. McGillivray added he believed there is enough money in his account to cover the cost in the current budget. There were no objections from Council. Arbor Day Grant: McGillivray reported he received an Arbor Day Grant application and had the Beautification Committee review it. Because he received the grant application late, there was not a lot of time in which to decide the specifics of the application, i.e. how many trees, where to place them, etc. After review, the Beautification Committee stated they would like to apply for the grant. The day after the Beautification Committee met, he received a letter from the Kenai Middle School informing him they wanted to apply for the same grant and asked for support of the City, Beautification Committee, etc. They also asked for a place to plant the trees. They would be using it as an educational project for students at the Middle School. The City's responsibility would be to choose a place for the plantings and maintain the trees in the future (watering, fertilizing, mulching, wood chips around them, etc.) McGillivray discussed the letter with Susan Hett, Beautification Committee Chair. They decided that it would be better to support the Kenai Middle School in their efforts instead of applying for the grant themselves. There were no questions to McGillivray and no objections to the City maintaining the trees if the grant is awarded to the Kenai Middle School. KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 15, 1995 PAGE 7 D-6. Planning & Zoning Commission Councilman Smalley reported a copy of the agenda of the last P&Z meeting was included in the packet. He did not attend the meeting because he attended the special council meeting which took place the same night. Smalley stated he spoke with Administrative Assistant Harvey and was told the Commission worked on the Comprehensive Plan review. Their next meeting is scheduled for Wednesday, February 22. D-7. Miscellaneous Commissions and Committees Beautification Committee: Councilwoman Swarner reported the minutes of the last meeting were included in the packet. She was able to stay for only a portion of the meeting. Beautification Committee Chair Susan Hett was in the audience to answer any questions. The memorandum included in the packet, from L. Harvey in regard to permission for the Committee to apply for the Arbor Day Grant, was disregarded as it was discussed by McGillivray earlier in the meeting. Councilwoman Monfor invited everyone to attend the continental breakfasts on Thursday and Friday at the Visitors Center, from 7:00 a.m. to 10:00 a.m. ITEM E: MINUTES E-1. Regular Meeting of February 1, 1995. Approved by consent agenda. ITEM F: CORRESPONDENCE None. ITEM G: OLD BUSINESS G-1. Approval - Insurance Broker Request for Proposals. Finance Director Brown reported he sent out a copy of the Insurance Broker RFPs to four brokers to review. He received written comments from three brokers and discussed the RFP with another broker. Three of the four didn't have any problems with KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 15, 1995 PAGE 8 the RFP. The fourth stated there were a few things he didn't like, but concluded that overall it would still work. Brown stated it appeared that none of the brokers were adamantly opposed to the RFP and he would like to proceed with the issuance of the RFP if council agrees. Bookey stated he received a call from one of the brokers. The broker stated he had a concern with the disclosing of their commissions received on the City's accounts. Bookey asked if this was something Brown definitely wanted. Brown stated he felt it was important they make the disclosure. The City is paying taxpayers' money to the broker, whether they take a fee or commissions, and the City has a right to know how much is being paid, just like anybody else the City pays. Bookey referred to the bidding on the fuel which took place a few weeks ago. The City requested information as to the rack price and delivery price and then did not follow through with that. Bookey stated he was referring to Page 6, No. E of the broker RFP. Bookey stated the person who called him thought that if they were low bidder, they should be low bidder regardless of what commissions they receive. They did not feel they should be obligated to tell the City or anybody else of their commissions. Brown answered if they say they are the low bidder, it would lead him to believe they are bidding a fee. In that case, it would be more important to know if they are taking commissions. If they are taking a fee and commission, it means the City is paying them twice. He really wants to know that. The inference that if they are low bidder and don't think they should have to tell us, does not make sense to him. Graves added, if the City is paying them a set fee, they shouldn't be getting a commission. Graves stated if they are getting commissions, the City wants to know because it is the City's money. Bookey stated that is what he told the broker and was what he wanted to hear from Brown. Bannock stated to Brown he struggled with that a little because if he understands it correctly, when the City agrees to a broker at the term offered to the City, how could the dollar figure go up for a fee or commission. If the broker offers a coverage for a certain premium, the City is buying a policy from the broker. Clearly, the broker will be getting some sort of compensation, either by a flat fee or a commission from the re -insurance KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 15, 1995 PAGE 9 company or the corporation to which he is selling the City's policy. How would that be paying him twice? If the policy price has been set and becomes public record, how much of that dollar that the brokerage house keeps, he doesn't believe would be public information. Brown gave a scenario. Assuming the broker bids a fee to write the City's insurance and the City pays $30,000 to a broker. The broker is supposed to shop for insurance and get quotes from insurance companies at net of commission prices. If the company sells the policy for $100,000 (normally) and there is a 10% commission on that line of insurance, they would sell the City of Kenai policy for $90,000 and that's all the City would pay is $90,000. The idea is that the City will make up in lower premiums the amount of commission we're paying. All the brokers agree it would be unethical to take a commission while they are taking a fee. Brown added he will check with the insurance companies to make sure they are not paying commissions. If they are, they have to give them to the City. Bookey asked if the City was going to pay a flat fee for all our insurance, there would not be a commission. Brown answered that may be the way it will work. It is possible none of the brokers will want to take a fee. In the brokers' proposals, they say they want to take a commission and that they don't want a fee from the City of Kenai. In that case, they will have to disclose approximately what their commissions would be. Brown stated he is not saying they have to bid a fee. They can do it either way. If they choose to do the commission route, he is asking them to disclose what they are. Brown stated the one broker that had questions, did not ask any questions about the fee/commission requirement. The broker may have had second thoughts later or did not want to put the concerns in writing. The consensus of Council was to go forward with the RFPs. ITEM H: NEW BUSINESS Bills to be Paid, Bills to be Ratified MOTION: Councilman Smalley MOVED to pay the bills. Councilwoman Swarner SECONDED the motion. There were no objections. SO ORDERED. KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 15, 1995 PAGE 10 H-2. Purchase Orders Exceeding $1,000 MOTION: Councilman Smalley MOVED to pay the purchase orders over $1,000 and to include the items added at the beginning of the meeting - purchase orders to AIH for $1,473.30; IISCO for $6,980.00; B&W Technologies for $5,600.00; Schmidt Engineering for $2,903.28 and removal of the purchase order to IISCO in the amount of $9,780.00. Councilwoman Monfor SECONDED the motion. There were no objections. SO ORDERED. H-3. Ordinance No. 1628-95 - Increasing Estimated Revenues and Appropriations by $73,500 in a New Capital Project Fund Entitled "C.A.P. Taxiway and Apron." Approved by consent agenda. H-4. Ordinance No. 1629-95 - Increasing Estimated Revenues and Appropriations by $40,000 in the General Fund for Legal Expenses Related to Inlet Woods Special Assessments. Approved by consent agenda. H-5. Ordinance No. 1630-95 and Appropriations by - Increasing Estimated Revenues $11,243 in the General Fund for Additional Overtime and Benefits in Several Public Works Departments. Approved by consent agenda. H-6. Ordinance No. 1631-95 Set Lease - Amending KMC 11.20.160(a)(2) to Rates of Tidelands at Six Percent (6%) of Fair Market Value and to Clarify Meaning. Approved by consent agenda. H-7• Ordinance No. 1632-95 Setting the Annual - Establishing KMC 11.20.790, Lease Rate of Shore Fishery Tidelands at $300 and Setting Policy for Shore Fishery Tideland Leases. Approved by consent agenda. KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 15, 1995 PAGE 11 H-8. Approval - Assignment of Lease - Lot 3, Block 4, General Aviation Apron. Removed from agenda. H-9. Approval - Alaskalanes, Inc. Acting City Manager Kim Howard informed Council there is an amount owing at the Borough for back taxes and discussed in the third paragraph of her memorandum (included in the packet). Howard introduced Mr. Trujillo, the applicant. H-9a. Amendment to Lease Trujillo stated to Council he has a lease with the City. His business (bowling alley) is an eight -month -a -year business. It takes him a year to catch up. It allows Alaskalanes to generate about $60,000 to pay taxes, leases, etc. and it is almost a must to close the business during the summer. He has opened about 2,500 sq. ft. in the building by using the second floor as a subleased area. The remodeling of the upstairs is almost completed. He has people ready to sign a sublease for the upstairs of the building. This is the only way he can stay in business as Alaskalanes. Swarner asked if he still owed the $8,817.26 for back taxes at the Borough. Trujillo stated he still owed the money. The taxes are usually caught up by June. His secretary works it out with the Borough and arrangements have been made to pay the amount off. Bookey asked of the amount owing, three mils of it is the City's? Howard answered yes. Smalley asked if two actions would be needed by council, one for the amendment to the lease and one for the consent to sublease? Howard answered yes. Measles asked if the purpose of the subleasing would be to allow F&M Leasing to run bingo and pull tabs, how does he propose to operate the gaming? Trujillo answered the non -profits, Fisherman's Association, Kenai Natives Association, and the Elks Club, who have applied and received their gaming permits, will rent the space and operate their games themselves. Measles asked if his business would be involved in the gaming. Trujillo answered no, he is keeping everything separate. Measles asked if in any way Trujillo would be considered an operator. Measles KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 15, 1995 PAGE 12 added that operators are not legal in the Kenai Peninsula Borough. Trujillo stated no. Trujillo added he has been to Juneau and talked with the Commissioner. The subleased area would be 100% non-profit run and they will paying rent for the area. Smalley asked if the purpose of the rent was to not get behind in taxes, etc. Trujillo answered yes. Trujillo added when he started to remodel the upstairs, he told everyone the area would be available for free use between 11:00 a.m. and 3:00 p.m. All the users would have to do is clean up after their use. The gaming would be using the area in the evenings. Councilman Bookey asked Attorney Graves if the City normally changes leases when the lessee owes $8,000. Graves stated he was not aware of anytime it has been done. Bookey stated he liked the project, but not the arrearage of the $8,000. Councilwoman Monfor stated Trujillo mentioned arrangements have been made with the Borough. Monfor suggested the City get a letter from the Borough stating such arrangements have been made. Acting City Manager Howard stated she called the Borough. They told her they don't make arrangements for delinquent property taxes, only delinquent sales tax. Councilwoman Swarner agreed it was a good project, but had a problem with the arrearages. MOTION: Councilwoman Swarner MOVED to approve the amendment to the lease on the condition that the back property taxes are paid. Councilman Smalley SECONDED the motion. Councilman Bannock asked Trujillo what he thought of the plan. Trujillo stated he acquired two loans to do the remodeling, purchase the equipment, etc. If he had known, he would have asked for funds to cover the taxes as well. It will be hard for him to catch up with the taxes if he cannot open the gaming area. He might be able to pay the back taxes within two months. Bookey stated he was sympathetic to the problem, but feels strongly that the Council is a steward of the taxpayers' money. Their hands are tied. Smalley added that the only other way out KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 15, 1995 PAGE 13 would be to get an agreement with the Borough in regard to the property tax arrearages. Trujillo suggested he get the non- profits to pay it as pre -rent. VOTE: Councilman Smalley requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. H-9b. Consent to Sublease MOTION: Councilwoman Swarner MOVED to consent to the sublease with the condition that the 1994 property taxes are current. Councilman Smalley SECONDED the motion and requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. H-10. Approval - Kenai Peninsula Caucus - Dues for the 1995 Fiscal Year/$727.00. Councilwoman Monfor requested this item be tabled until Mayor Williams returns to allow for his input. MOTION: Councilwoman Monfor MOVED to table the discussion on the Kenai Peninsula Caucus. There were no objections. SO ORDERED. ITEM I: ADMINISTRATION REPORTS I-1. Mayor No report. I-2. City Manager Acting City Manager Howard reported the following: a. There will be a no -host luncheon with Governor Knowles at the Kenai Merit Inn on Friday. b. City Manager Manninen was not able to go to Juneau. He was at home, ill and maybe will be out of the office for the rest of the week. C. Monday, February 20 is a holiday for the City. The Senior Center will be open however. KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 15, 1995 PAGE 14 I-3. Attorney City Attorney Graves reported he would be out of the office next week. I-4. City Clerk No report. I-5. Finance Director No report. I-6. Public Works Director No report. I-7. Airport Manager Airport Manager Ernst reported he, Jack La Shot, and Kim Howard met with representatives of the Coast Guard visiting from San Francisco. They were perusing the area and looking for a tract of land of approximately 18-20 acres in size on which to place a ground differential DPS antenna. They are interested in property east of Marathon Road. The ground differential DPS antenna is the most sophisticated location system the government has. It has an accuracy to 18" and will be very beneficiary for the surveying, fishing and aeronautical industries. The Coast Guard will be submitting plans for the use of that area. The plans will be reviewed by the Airport Commission, Planning & Zoning and then the City Council. The Coast Guard wants to have the antenna on line by October. They have a mandate from Congress to have it on line by the end of the year. ITEM J: DISCUSSION J-1. Citizens None. J-2. Council Bookey: Noticed there are a number of street lights out along the Spur Highway going through town. Kornelis stated he would get in touch with the State and report them out. KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 15, 1995 PAGE 15 Swarner: Reported she would not be traveling to Juneau next week. The Legislative Committee meetings will held by teleconference in order to save money. Swarner also reminded the Council and general public of the Healthy Communities conference to be held on February 26 and 26. Monfor: Requested a discussion of the sand dunes on the Kenai Beach be on the next agenda. Also Monfor requested there be one person from City Hall for people to talk to about the overlay ordinance. She attended the Soldotna Chamber of Commerce luncheon and after listening to comments, thinks it would be good for one person to speak on the overlay ordinance. It would be less confusing. Monfor also passed out a copy of the latest version of the Borough's overlay ordinance. Monfor also congratulated Mayor Williams and Fire Chief Burnett on their presentations at the special meeting regarding ambulance fees. Monfor suggested similar presentations be made, including other city departments, to area organizations (Lions Club, Chamber of Commerce, Rotary, etc.) as it was very informative. Bannock: No report. Smalley: Reported he attended the overlay meeting at the Borough on Monday evening. It was very interesting and encouraged other councilmembers and public to attend if they had the opportunity. ITEM K: ADJOURNMENT The meeting adjourned at approximately 7:55 p.m. The minutes were transcribed and submitted by: Carol L. Freas, City Clerk Recently Released... Fall -Winter RiEvvw: Conversations on Renewal The 100th National National Conference on Governance, held November 10-12, 1994 in Philadel- phia, constituted both a celebration of NCL's centennial and a showcase for the revitalization of citizen activism and hopeful, confident problem solving envisioned by National Renewal. For two days, hundreds of people from across the United States and several nations abroad discussed the prospects and potential of a movement to link, support and multiply the many promis- ing grass -roots innovations occurring across the nation and the world. The Fall -Winter 1994 issue of the NA-1710NAL Civic REVIEW collects a number of the most compelling presentations from that historic event. Symosium feature articles include: - "The Alliance for National Renewal," by John W. Gardner. The possibility of social, economic, political, and institional reform on a nationwide scale is ever present, and in fact realized sporadically, with occasional releases of civic energy. But meaningful renewal can not occur in uncoordinated fits and starts. Our collective problems are serious enough to justify a large-scale mobilization of our strength and spirit as a people. "Community Progress in the Federal Context," by Henry G. Cisneros. Federal programs to aid communities must do so in part by empowering citizens to solve problems themselves, using indigenous resources as well as funds from the federal government and other sources. Pro- grams that treat citizens as passive consumers of services rather than engaged co -producers of solutions merely perpetuate dependency, as well as disillusionment and hopelessness. - "A Conversation About Our Public Priorities," by Daniel Yankelovich. Government lacks the resources and reach to address all the innumerable public crises, social ills and worthy causes that concern mobilized Americans. Even so, the nation is moving in too many directions at once. If we fail to set priorities, the public's level of frustration — already perilously high — could undermine even a bal- anced agenda for constructive progress. - "Community Change through True Public Action," by David Mathews. Communities are stronger when they have an active, engaged citizenry — a public. The challenge to putting the public back into community — and finding a responsible public voice — is changing private individuals into responsible public citizens. - "Investing in Urban Youth," by Angela Blackwell. The fundamental challenge of a renewed American community is attention to the needs of youth, particularly the large and growing proportion living in disenfranchised, urban circumstances. Fortunately, communities across the nation have acknowledged this fact, prompting them to launch innovative programs to prevent and stop youth violence. - "Bringing Democracy to Life: What Works and Why," by Frances Moore Lappd and Paul Martin DuBois. Millions of Americans are learning that for democracy to work it must become an aspect of the way live — in our schools, work places, organizations, and communities — as well as the force defining our relation- ships with governing institutions and the media. As a result of this realization. Americans are scoring stunning break- throughs in democratic practice. Among the non -symposium feature articles included in the Fall - Winter issue of the REVIEW, is the fourth and final installment of a series on emerging forms of regional governance by National Civic League research director Allan Wallis. While the first two "waves" of regional governance consisted of structural consolidation and functional program coordination and planning. Wallis observes that the emerging trend points toward a two- phase approach, which first employs consensus -based process to develop a vision for the region's future, and then structures the institutional capacity for sustained implementation of that vision. Other non -symposium features explore the capacity of citizen leap,--- to mobilize regional communities ar issues that cross jurisdictional bout,..- aries in metropolitan areas, and review the historical development of theories regarding the structuring of a strong, responsible executive in state and local government. Regular departments appearing in this issue include News in REVIEW. Proportional Representation, Public Finance, and Healthy Communities. For more information, contact: David Lampe, National Civic League, (303) 571-4343. Return to: Printed on Recycled Paper Using Soy Ink NONPROFIT ORG. NATIONAL CIVIC LEAGUE U.S. POSTAGE PAID 1445 Market Street, Suite 300 DENVER, CO Denver, CO 80202-1728 PERMIT NO. 1110 Renew Your Membership Today! Ms. carol rreas t:ity uierK city or Kenai ZiU riaaigo Avenue Kenai, AK vv6ii CALL: 1-800-223-6004 PAGE 7 NCL Examines Patterns of Doting Rights Act Compliance The U.S. Supreme Court's 1993 decision in the case of Shaw v. Reno, which zoncerned the constitutionality of an oddly shaped congressional district in North Carolina. cast a fog over generally accepted redistricting practice under the Voting Rights Act. The ensuing confusion has had consequences for units of local govern- ment as well, prompting some to consider untraditional methods of electing policy -making bodies, particu- larly where racial, ethnic and language minority populations protected by the Voting Rights Act are not conveniently concentrated into well defined geo- graphic locations. To assist local jurisdictions in this period of uncertainty — and to promote greater openness and community involvement in electoral systems reform — the National Civic League designed the Voting Rights Act in Local Governance Project, which recently received funding from the Ford Foundation. Project Workplan The Voting Rights Act in Local Governance Project is a one-year research, education and outreach initiative on the status of Voting Rights Act compliance at the local government level, and its potential for community building. The major product of this effort will be a handbook or guide, intended to clarify and extend options for Voting Rights Act compliance available to units of local government. The publication will supply information on the range of options that exist for reforming local electoral plans, offering a rich base of experiential and academic data to enhance community capacity to implement compliance solutions. Through this effort, NCL staff will research both current redistricting practice and alternatives to the conven- tional at-large/plurality and single - member district systems at the local level. The results will be interpreted and presented in lay terms in a handbook intended for use by local officials, citizen activists, civic organizations, academics, and students. The publica- tion will be designed to 1) assist commu- nities in selecting from a variety of alternative systems, and 2) offer sugges- tions for provoking community dialogue on the essence of representational democracy. The publication will include: • Essays, some written by recog- nized experts in voting rights and political science, on aspects of the Voting Rights Act, its history, enforce- ment, and impact on local government, • Community case studies discuss- ing the experiences of a range of jurisdictions, to anchor the handbook in the real -life practice of Voting Rights Act compliance, while demonstrating the community -building potential of voting systems reform; • Charts summarizing Voting Rights Act compliance and remedies used throughout the country; and • A resource guide to help individu- als and organizations connect with those who can offer information and expert assistance. National Dissemination The handbook will be disseminated nationally through civic organizations and associations of public officials, NCL's considerable network of public, private and nonprofit sector leaders, and minority voting rights organizations. The research effort and handbook design, composition, production, marketing, and dissemination is being informed by an advisory committee of top voting rights experts and activists from around the nation. This group has met twice with NCL staff to plan the research approach and structure the handbook outline, and will meet again in late spring of 1995 to review a final draft of the publication. The professional networks and affiliations of project advisors will serve as additional outlets for acquiring resources and contacts for the project and disseminating the handbook. Project Advisory Committee Joaquin Avila, Esq., Milpitas, Calif. Jacqueline Berton, NAACP Legal Defense Fund, New York, N.Y. Anthony Chavez, Mexican American Legal Defense and Edcational Fund. Los Angeles, Calif. Dayna Cunningham, Rockefeller Brothers Foundation, New York, N.Y. Sherrilyn Ifrll, University of Maryland School of Law, Baltimore, Md. Laughlin McDonald, ACLU, Atlanta, Ga. Frank Parker, District of Columbia School of Law, Washington, D.C. Barbara Phillips, University of Missis- sippi School of Law, Jackson, Miss. Rob Richie, Center for Voting and Democracy, Washington, D.C. Steve Suitts, Southern Regional Council, Atlanta, Ga. William R. Tamayo, Asian Law Caucus, San Francisco, Calif. For more information on the Voting Rights Act in Local Governance Project, contact: David Lampe, National Civic League, (303) 571-4343. An informa- tion packet with bibliography and draft case studies on relevant voting rights and electoral issues is available for $5.00, prepaid. Improving and Increasing Urban Opia" Space The Trust for Public Land (TPL), an environmental group devoted to conserv- ing land for people, recently announced a five-year, multi -million dollar project to expand parks and other open space in U.S. cities. As part of its "Green Cities Initia- tive," TPL intends to acquire up to 250 properties for preservation as open space tat meet high -priority needs in cities ,nationwide. The program is being piloted in 12 cities, including Atlanta, Ga.; Austin, Texas; Baltimore, Md.; Boston, Mass.; Cleveland, Ohio; Los Angeles, Calif.; Minneapolis -St. Paul, Minn.; New York, N.Y.; Portland, Oreg.; Providence, R.I.; San Francisco, Calif.; and Seattle, Wash. TPL also is investi- gating land -conservation opportunities in 15 other cities. Social Advantages of Open Space Case studies from across the country demonstrate that community spaces and recreation programs have a major impact on crime prevention, thus reducing law - enforcement and incarceration costs. In particular, residents of low- income communities see the need for improved open space. For example, 77 percent of respondents to a survey administered in Los Angeles listed improved parks and recreation as "absolutely critical" or "important" to the restoration of their community, placing these priorities above health care and economic development. Through the Green Cities Initiative, TPL will work with civic and business leaders to realize the objective of expanded urban park land. For more information, contact: Lisa Cashdan, Trust for Public Land, (802) 649-3611. PAGE 6 Guide to Improving Local Human Services Available from NCL Press There is a tremendous and growing demand for human services in the United States, a trend with which support from either public or charitable sources has failed to keep pace. This widening gap raises calls for coordina- tion, cooperation, coalitions, partner- ships, and collaboration. All of these remedies flow from a common suspicion that the current way in which human service organizations relate to each other results in needless duplication and massive inefficiency. They also reflect a faith that some form of integration can stretch limited resources, as well as improve the overall quality of support for clients. In practice, applying these "rein- venting government" -style remedies is extremely difficult. Networks, Trust and Values, a new report by NCL research director Allan D. Wallis, examines the relationships among organizations in human service networks. Particular emphasis is placed on value conflicts as an indication of critical points where bonds of trust are failing. Networks, Trust and Values argues that restoring trust —that is, effectively addressing value conflicts — is essential to achieving the objectives of coordination and collaboration and, ultimately, improved human services. Networks, Trust and Values is based on research funded by the Aspen Institute which investigated relationships between the public and nonprofit sectors in the delivery of services to three client groups in three U.S. cities. The three client groups studied were the develop- mentally disabled, people with acquired immune deficiency syndrome (ams), and the homeless. The field research, consisting largely of interviews and focus groups, was conducted in Denver, Colo., Phoenix, Ariz. and the Twin Cities of Minneapolis and St. Paul, Minn. This publication is a refined and shortened version of "The Challenge of Coordination in Human Service Net- works," released in 1993. Government and the Nonprofit Sector Lester Salamon notes in Beyond Privatization: The Tools of Government Action that most government -funded domestic programs are not delivered by government at all, "but by a host of non- governmental `third parties' " (i.e., nonprofits). The resulting relationship between the public and nonprofit sectors in human service delivery — the product of 30 years of evolution — consists of a complex set of inter -organizational networks. Unlike pure bureaucracies, which work to maintain clear boundaries and pursue coordination through the imposition of hierarchy, networks — which by definition cross sectors — have flexible and ill-defined boundaries. Despite its long experience with contracting out to nonprofits for the delivery of human services, government has never fully acknowledged its relationship with the nonprofit sector as a partnership. Much to the contrary, the nonprofit sector has been treated either as an extension of the public contracting regime or a parallel and independent support system with the capacity to fill gaps in service delivery when govern- ment withdraws. This latter interpretation, often articulated during the 1980s by then - President Ronald Reagan, among others, disregards entirely the fact that the phenomenal growth of the nonprofit sector during the past few decades was a response to expanded federal support for human services programs. Excepting organizations that rely on private and philanthropic donations for support (often to maintain a degree of indepen- dence or to pursue a religious mis, without interference), the nonprot sector actually has little capacity to maintain service levels in the absence of public sector support. The greatest source of conflict among public and nonprofit sector organizations within human services networks, however, is in the area of values differences. Nonprofits tend to emphasize responsiveness and service to their client groups, where government agencies apply the traditional public administration values of efficiency and equity. Values differences typically emerge around gaps in service, resulting either form funding shortfalls, changes in the characteristics of the client popula- tion, or shifts in the preferred means of treatment. This report suggests ways in which relationships among organizations in service networks can be analyzed and improved, serving as a rough road map of the terrain to be covered, and offering alternative routes. Networks, Trust and Values is organized in three parts. Part One develops a general description of networks as a model of inter -orgy tional relations, and explores the t. that trust and shared values play in building and maintaining networks. Part Two compares the operation of networks serving three client populations: the developmentally disabled, the homeless. and people with AIDS. The final section draws lessons from field research for improving network operations by addressing trust and value issues. Copies of Networks, Trust and Values are available for $8.00 (prepaid orders, please) from the National Civic League Press, 1445 Market Street, Suite 300, Denver, CO 80202-1728. For more information on the content of the report, contact: Allan Wallis, (303) 820-5619. Eight Communities Selected to Participate in Cycle III of Colorado Healthy Communities Initiative The Colorado Trust recently selected eight Colorado communities to partici- pate in the third and final two-year cycle of the Colorado Healthy Communities Initiative (CHCI). CHCI is a $6.8 million, five-year project to establish community -based responses to health needs in Colorado. Administered by the National Civic League, CHCI is designed in part to address the Colorado Trust's goal of accessible and affordable health care for all Coloradans. The eight communities, which soon will begin a year -long planning process with technical assistance from the National Civic League, are Boulder County, Chaffee County, Custer County, the Interstate 70 Corridor (including the cities of Bennett, Byers, Deer Trail, Strasburg, and Watkins), Kit Carson County, the City of Lafayette, the San Luis Valley (including Alamosa, Conejos, Costilla, Mineral, Rio Grande, and Saguache Counties), and Summit County. Twenty other Colorado communities currently are either completing the planning phase of the Initiative or implementing projects selected during the planning phase. Following the planning process, participating commu- nities receive grants of up to $100 for project implementation from '1 Colorado Trust. For more information on the Colorado Healthy Communities Initia- tive, contact: Maro Zagoras, National Civic League, (303) 57I-4343. PAGES A Report on the Status of the National Civic League by John Parr, President, National Civic League Presented to members of the National Civic League on November 12, 1994, the following report constitutes a reflection on the evolution `the National Civic League's role and mission over the course of its first centun% 0ne hundred years ago, the commu- nity leaders who gathered here viewed our society as a two -legged stool. One leg was the market and the other was the state, and if they could only improve the functioning of the state, America would have cities that worked. Over the last 100 years, however, our understanding of society and how it works has vastly improved. Today, we acknowledge a third, "civic" leg of the stool, as well as a challenge to individu- als in communities across the country to lengthen and strengthen it. Eight years ago, when we changed our name from the National Municipal League to the National Civic League, we were recognizing our need, as an organization, to focus on the civic leg, while not abandoning the work we had done over the previous 92 years to make local and state government work more effectively. A comparison of the current financial and personnel records of the "rational Civic League to those from ten ;ars ago reveals some interesting data on the evolution of the organization. Principally, during the past ten years, our annual revenues have grown by over 480 percent, and our staff has grown by over 300 percent. This growth has occurred in large part as a result of a strategic planning exercise led by then -Chairman Terry Sanford in 1985 and 1986. NCL's "Directions for the Future Task Force" began by examining not so much the organization's advocacy agenda, but the way in which it was pursuing it. The organization was doing very good work, but it became clear by the mid-1980s, that in order to be effective, we would have to change the way we operated. Direct Assistance and Training Ten years ago, we did not provide technical assistance services. We had neither a Civic Assistance Program nor a cadre of staff and associates capable of entering communities to conduct visioning, strategic planning and charter - review projects, or help structure effective community -leadership training -rograms. Today, NCL is spread not aly across the country, but also main- tains a full-time presence in the Czech and Slovak Republics. NCL's technical assistance is built on the concept of "civic infrastructure" — the idea that communities work best when there is a vital set of formal and informal processes that involve citizens and government, business and nonprofit leaders in critical decision making. Ten years ago, NCL did not offer training services either. Today, by contrast, we offer everything from half - day training sessions on the nature of public leadership in communities to year -long programs like the Healthy Communities Action Project, which brings together people from around the country to examine how the health status of communties can be improved through collaboration across sectors. We also have been involved with the Civic Television Network in the creation of the first satellite -based, long-distance interactive training program which, as of its third week of operation, has enrolled 50 communities across the country. Honoring Civic Excellence While the All -America City Award has, for 45 years, been among the most sought-after and highly valued commu- nity awards, it is clear to those of us on the board, staff and All -America City Jury that —since inclusion of the Civic Index among the Award criteria, which requires applicants to conduct a self - evaluation of their community problem - solving capacity —the number of communities requesting applications has grown dramatically. As a result of the Civic Index self -evaluation process, many of the communities with which we follow-up decide that they are not yet ready to compete for the Award, but indicate an intention to use the criteria as a guide for becoming the kind the community NCL honors through the All - America City Award Program. This success could not have been achieved without the close alliance we have cultivated since 1988 with the Allstate Insurance Company through The Allstate Foundation, sponsor of the All -America City Award. Allstate has helped raise the profile of the Award through its nationwide network of agents and employees. NCL continues to work on the governmental structure aspect of governance through its ongoing refine- ment and revision of its model charters and related documents. While some may have thought that the era of structural reform had come and gone, we find, in fact, that demand for guides and infor- mation on basic governmental organiza- tion has never been stronger. Some of this interest in structural reform may reflect a more fundamental frustration with the status of local governance, prompting many communities to decide that their problems will not be solved by a simple structural remedy alone. We have redoubled our commitment to supporting our advocacy with a program of rigorous and systematic inquiry by hiring a research director and launching a new research agenda focusing on regional governance, innovation, and patterns of public - private -nonprofit sector cooperation. Through our research, we hope to influence not only practitioners in the fields of community problem solving and public administration, but the academic community as well. Publica- tions are a principal vehicle for desseminating this message. The NATIONAL CMc Rsvu;w has experienced a tremendous transformation in the past four years, not only in terms of content, but also in appearance and accessibility. This is true of NCL's other publications as well, contributing to their impact. Extended Reach, Enhanced Impact Newer programs, such as the U.S. Healthy Communities Initiative, are increasing the National Civic League's reach while enhancing its impact on communities. Through this initiative, NCL operates the Healthy Communities Action Project and administers the Colorado Healthy Communities Initia- tive, a five-year, $6.8 million project funded by The Colorado Trust to stimulate collaborative approaches to public health promotion in communities and regions across Colorado. What has been the source of our success? We have enjoyed the leader- ship of a phenomenal board of directors and council of advisors, consisting of public and community affairs experts from across the country who bring ideas, thoughts and inspiration to bear on all NCL programs. Also, our growing network of Stakeholders in the National Renewal initiative is an increasing source of enrichment and creativity. Ultimately, however, NCL's stunning growth and success are the products of a talented staff that has listened to commu- nities even as it has worked with them, and re -invested those lessons in all aspects of the organization's work. "National Renewal" PAGE by John W. Gardner, Chairman, National Civic League Reproduced below are excerpts from John IV.. Gardner's remarks to the 100th National Conference on Governance. Nov Philadelphia, Pennsylvania, in which he outlines the rationale and objectives of the Alliance for National Renewal, theg NCL's second -century agenda. ember 12. 1994, centerpiece of civilizations rise and fall —and sometimes, if they are lucky —they renew themselves. Theoretically, the possibility of national renewal is ever-present but in fact it comes in bursts. We concern ourselves here with the coming burst, or —to speak more precisely —the burst that has already begun and must be made to continue. One striking sign of renewal is a wave of innovation in grass -roots problem solving that covers virtually every relevant topic —prenatal care, parent education, school -linked services, school -to -job programs, affordable housing, conflict resolution, and so on. It represents an astonishing burst of vitality. Of course, such good news is hard to believe, given the unvarnished horror stories we read every day. But it is happening across this country. The innovators represent a great diversity of racial, religious and occupational backgrounds. Because their work is local —and we are very much hooked on national news —the men and women working on the most serious problems of our communities have not come to national attention. But Americans are hurting, and these virtually unknown men and women are working on some of the things that hurt the most. What is undermining our confidence, angering and frightening us, eating at our souls and making us sick at heart is the senseless violence, the obscenity of racial hatred, the collapse of human dignity under extremes of poverty, the abduction of children, 11 year -olds dealing crack, sixth -grade children having children —in short, a shredding of the social fabric. Re -weaving the fabric calls for just the sort of grass -roots activity described above —work with dysfunctional families, school -to -work programs, creating jobs, building community with its shared values, and so on. It's slow work; it's hard work in the heat of the day. But it must be done. It is the sheer magnitude of our societal challenges that has led to the Alliance for National Renewal, more than 100 organizations that reflect the diversity of American life —from the American Association of Retired Persons Iand the National Urban League, to the National Council of La Raza and Habitat for Humanity. The National Civic League, which is serving as convenor for National Renewal, has established productive relations with the whole spectrum of organizations serving communities, from the International City/County Manage- ment Association to the National League of Cities. The participating organizations in J National Renewal are autonomous and Ithey will follow their own diverse agendas. They are concerned with the Iwhole range of problems on the domestic front. Thus, the Alliance for National IRenewal has its roots deep in the soil of our troubled communities. We have had exposure to all the significant ingredients needed for a good future. We know the technical and administrative problems of local government. We know the constituencies that must be brought into partnership at the local level —corpora- tions, unions, ethnic groups, churches, foundations, neighborhood associations, citizen activist groups. We know the people who are producing the significant innovations. And we know from long experience how to engage all of the relevant groups in collaborative problem solving. We cannot hope to tackle all national issues; but we can hope to have a substantial impact on the devastating problems that afflict so many of our communities. We can stem the tide of social disintegration. It is the intention of National Renewal to give maximum effect and exposure to the impressive stirring of problem -solving energies occurring at the grass -roots level A movement to wake up America would have to be like the nation itself — not monolithic, not hierarchical, not dependent on a powerful, charismatic leader rousing the masses, but founded upon leaders dispersed through all segments of society and down through all levels of society, as well as an even greater number of vital and responsible citizens who share leadership tasks. It cannot be centrally directed or tidy. Local effort is essential. Local responsi- bility is crucial. We see the rebirth of a nation rising up out of the nation's communities. Periodically, throughout our history, "the folks out there," out and around America, far from power but close to the good American earth, have shown not only their creativity but their capacity to move the nation. We think that this is such a time. We believe that the next America will be forged "out there" in American communities. All segments of the society must be involved —all religious and ethnic affiliations, the professions, government, the nonprofit world, business, labor, and the educational world. Everyone must help. And in the same spirit, the benefits must be widely shared. No one car' left out. We have it in us to re-create a nauon committed to deeply held values, highly motivated in pursuit of its shared Purposes, economically vital, renewing itself continuously, and committed to the release of human possibilities; a nation that has mastered within its own bound- aries the secret of wholeness incorporat- ing diversity and is helping the world master it. Nothing good can issue from the sourness and negativity of the general Public today. Nothing. Americans do not even like themselves in that frame of mind. We are a positive -minded people. We always have been. Let's return to the style and spirit that suits us best. Let's tell people that there is hope. Let's tell them there's a role for eve' one. We can save the family and ry- children. We know how. We can demand and get accountable govern- ment. We can counter the mean -spirited divisiveness that undermines positive action. We can regenerate our shared values. We can release human talent and energy and renew our institutions. As a people we are capable of and self-indulgence. We are also capable of greatness. We have tremen- dous resources of strength and spirit — but we need to strike a spark to release that spirit. The time has come. PAGE 3 President Clinton Honors All -America Cities at white House Ceremony n September 8. 1994. President Clinton presented the ten recipi- ents of the 1994 All -America City Award with commemorative plaques in a White House Rose Garden ceremonv. Also present at the ceremony were Wayne E. Hedien, president and CEO of the Allstate Insurance Company; John W. Gardner, chairman of the National Civic League: and HUD Secretary Henry G. Cisneros. a former NCL chairman. The ten 1994 All -America Cities are listed below with the individuals designated to represent them at the Rose Garden ceremony: • Porterville. California Mayor Judith Gibbons • Columbus. Indiana Council Member Carol Bigley • Alexandria. Louisiana Mayor Edward Randolph • Kansas City. Missouri Mayor Emanuel Cleaver • Taos, New Mexico Mayor Frederick Peralta • Mount Airy, North Carolina Mayor Emily Taylor • Philadelphia. Pennsylvania Deputy Mayor Herbert Vederman • Plano. Texas Mayor James Muns • Yakima. Washington Council Member Henry Beauchamp • Powell, Wyoming Mayor Janna Harkrider A partial transcript of Mr. Clinton's remarks to the awards assembly is reproduced below: "Thank you very much and welcome to the Rose Garden on this beautiful day. I want to say a word of appreciation for the National Civic League because this is its centennial year. When the League was founded. Theodore Roosevelt said. "There are many ways in which a man or a woman can work for the higher life of American cities." Judging by what the communities represented here have shown us, that is just as true today — if not more so — as it was 100 years ago. "We are here to celebrate success on may fronts. Some of the cities here are being honored for designing programs to get our children off the streets and into better lives. Others have expanded downtown business districts, opened free stealth clinics for the poor, and smoothed .he economic impact of a military base closure. "These ten communities represent regions all over America. They are of different sizes, with different problems and challenges, and different opportuni- ties. They all teach us. however. one thing in common: When our citizens work in concert. when they work with business and labor and government. when thev find ways to come together instead of being divided. then can do miraculous things. "The partnerships we celebrate here are a reminder that government can and must help, that businesses and voluntary organizations working with citizens themselves must do the hard work of restoring America's communities. We all must make ourselves personally responsible for working in our communi- ties and making a difference. "No one else will ever care about a community half as much as those who live there and raise their children there, who look forward to growing old there and being remembered there. And who knows how to solve the problems of a place better than those who call it home? "This is not to say that localities should do all the work on their own. The federal government must and will continue to help. Everything we do — even at the federal level — should be about empowering people at the grass roots to assume responsibility for their own lives, communities and families to be able to compete and succeed in the complicated but exhilarating world of the next century." Register Now for The National Civic League is now accepting reservations from communities interested in taking part in the 1995 Healthy Communities Action Project (HCAP), a unique, year -long training program designed to help leaders from all sectors develop innovative ap- proaches to addressing issues related to health and quality of life in communities. Since the program was first offered in 1992, representatives from 40 commu- nities have participated. The first session of the 1995 cycle will take place March 22-24, 1995 in Denver, Colorado. A Broad Definition of Health The goal of healthy communities training is to create communities that apply a broad definition of health that extends beyond the absence of disease to embrace the underlying factors contrib- uting to good health and a high quality of life. Participants in the 1995 class will: • Learn the principles and keys to `uccess of healthy community initiatives "The partnerships that we celebrate today — and the ones our administration is committed to creating tomorrow — are the backbone of our collective future. The cities are leading the way, and the communities being honored here today are truly outstanding. I can't wait to present the awards. I have already read the reasons why all of you are being acknowledged. It reminded me a lot of the things I did as a governor. It reminds me, too, that very often the most important things we do receive the least publicity — especially if we do them hand in hand, rather than fist against fist. But keep on doing it, because in the end the results will be the greatest reward." "The most important thing we take away from here is that this is a can -do country and a fundamentally optimistic country. Just two days ago the international economic experts, who every year rank the countries of the world in terms of their industrial productivity, ranked the United States number one again for the first time in nearly ten years. "That happened because of what people are doing in the heartland and because we are getting our act together here in Washington. And you should feel very hopeful about the future because of what you have done." Healthy Communities Action Project around the nation and the world; • Learn to use tools such as vision- ing, developing shared community ownership around shared priorities, and developing community will to act; • Learn to develop and use innova- tive health and quality -of -life assessment tools; and • Receive assistance in developing local strategies for building and sustain- ing community initiatives. 1995 Schedule HCAP consists of four two-day sessions, each addressing a different aspect of the healthy communities concept. The second, third and fourth sessions will take place, respectively, in Cleveland, Ohio (June 21-23), Boston, Mass. (August 9-11) and Denver, Colo. (October 4-5). To obtain more information, a fee schedule, or to pre -register by phone, contact: Kathy Konka or Rebecca Lobato, National Civic League, (303) 571-4343. PAGE 2 FUE OFFICERS Chairman: John W. Gardner, Stanford University. Stanford, CA Vice Chair: Robert C. Bobb, City Manager, Richmond. VA Treasurer: James G. Nussbaum. Denver. CO Secretary: Joan Hammond, Snohomish County Auditor's Office, Everett, WA President: John Parr. Denver, CO Vice President: ChristopherT. Gates. Denver. CO DIRECTORS Don Benninghoven, California League of Cities. Sacramento. CA Angela Blackwell, The Rockefeller Foundation. New York. NY John Claypool, Greater Philadelphia First Corporation. Philadelphia. PA R. Scott Fosler, National Academy for Public Administration. Washington. DC James O. Gibson, The Urban Institute, Washington, DC Charles M. Greene, Philadelphia, PA Hubert Guest, Neighborhood Reinvestment Corporation. Washington, DC Dr. John Stuart Hall, Arizona State University, Tempe, AZ Dr. Lenneal J. Henderson, Jr., University of Baltimore. Baltimore, MD Dr. Theodore Hershberg, University of Pennsylvania, Philadelphia, PA Gracia Hillman, U.S. Department of State, Washington, DC Dr. Curtis W. Johnson, Office of the Governor, State of Minnesota, St. Paul. MN Anna Faith Jones, Boston Foundation, Boston, MA James E. Kunde, Coalition to Improve Management in State and Local Government, Indianapolis, IN Liane Levetan, Chief Executive Officer, DeKalb County, GA Gail Levin, Seasongood Foundation, Longboat Key, FL Arturo Madrid, Trinity University, San Antonio, TX Donald McIntyre. Central City Association. Los Angeles. CA Robert H. Muller, J.P. Morgan Securities. Inc.. New York. NY Betty Jane Narver, University of Washington, Seattle, WA John B. Olsen, Pittsburgh, PA Neal R. Peirce, Washington Post Writers Group, Washington, DC Mark Pisano, Southern California Association of Governments, Los Angeles, CA Robert H. Rawson, Jr., Jones, Day, Reaves & Pogue, Cleveland, OH Carrie Thornhill, Greater Washington Research Center, Washington. DC David Vidal, Continental Insurance., New York. NY Dr. Henry R. Winkler, University of Cincinnati. Cincinnati. OH Linda J. Wong, RLA, Los Angeles, CA HONORARY LIFE DIRECTORS Terrell Blodgett, Austin, TX Henry G. Cisneros, Washington, DC James L. Hetland, Jr., Minneapolis, MN George Latimer, Washington, DC Hon. Cecil Morgan, New Orleans, LA Carl IL Pforzheimer, Jr., Stuart, FL Hon Terry Sanford, Durham, NC Hon William W. Scranton. Scranton, PA Hon. William F. Winter, Watkins Ludlum & Stennis, Jackson, MS Hon Wilson W. Wyatt, Sr., Louisville, KY MINUTES National Civic League ANNUAL MEMBERSHIP MEETING Saturday, November 12. 1994 Sheraton Society Hill Hotel - Philadelphia. Pennsylvania Upon notice duly given, the Annual Membership Meeting of the National Civic League was convened at 8:40 am EST, Saturday, November 12, 1994 at the Sheraton Society Hill Hotel, Phila- delphia Pennsylvania. With a quorum of the membership present, the meeting was called to order by John W. Gardner, Chairman of the Board of Directors, who invited National Civic League Secretary Joan Hammond to move for approval of the minutes of the previous Membership Meeting, held November 13, 1993. The motion was seconded, voted upon and passed unanimously. Chairman Gardner then called upon Board Member Curtis Johnson to present the report of the Nominating Committee of the National Civic League Board of Directors. Curt Johnson moved for nomination of the following individuals to serve on the board of directors of the National Civic League for three-year terms: Don Benninghoven, Sacramento, Calif.; James O. Gibson, Washington, D.C.; Hubert Guest, Washington, D.C.; James E. Kunde, Indianapolis, Ind.; Betty Jane Narver, Seattle, Wash.; John B. Olsen, Pittsburgh, Penn.; and Henry R. Winkler, Cincinnati, Ohio. With no additional nominees from the floor, the above -mentioned motion passed unani- mously. Mr. Johnson also nominated the following list of National Civic League Officers for election at the next regular meeting of the Board of Directors: John W. Gardner, Chairman; Robert C. Bobb (Richmond, Va.), Vice Chairman; Joan Hammond (Everett, Wash.), Secretary; James Nussbaum (Denver, Colo.), Treasurer; John Parr (Denver, Colo.), President; Christopher T. Gates (Denver, Colo.), Vice President; and John Amberg (Denver, Colo.), Assistant Treasurer. Following an acknowledgment of outgoing Board member Sandra Freed- man, Mayor of Tampa, Fla., for her service to the National Civic League, John Parr presented his annual President's Report on the status of the National Civic League, which summa- rized the organization's growth and evolution during its first century. With no additional business to transact, the meeting was adjourned at 9:25 am EST. Lessons on Diversity Two new publications prepared thrr, the National Civic League's Diver. Initiative are now available. Similar ,n structure to Governance and Diversity: Findings from Los Angeles, released in 1993, these reports summarize lessons drawn from focus group research in Oakland and Fresno. California. The Diversity Initiative The Diversity Initiative was inspired by former NCL chairman Henry G. Cisneros and formally launched at the 98th National Conference on Gover- nance. held in Los Angeles in 1992. That meeting served as a forum where persons of Latino, European, Asian, and African descent could reflect on the status of intergroup relations in their communities. Funded by the James Irvine Foundation, the Oakland and Fresno focus groups were conducted by NCL staff during 1994 to understand and document the diverse viewpoints of youth, adults. neighborhood activists. elected officials, and others from the various ethnic, cultural, socio-economic. and solidarity groups that compose the two communities. Diversity and Socio-Economic CI Confirming conclusions draw[ t Los Angeles. participants in both Oakland and Fresno indicated that differences in socio-ecnomic status ofter are more divisive that those of race and ethnicity. This phenomenon was as apparent x•ithin racial and ethnic groups as among them. Respondents in all three communities also noted a gap between rhetoric and reality regarding access of disenfranchised citizens to arenas of decision making. Among the key concerns identified by participants in both the Oakland and Fresno focus groups were responsivene! of elected officials, neighborhood crime and safety. and youth development and recreational opportunities. The three reports are available for $8.00 each (prepaid orders, please) fron the National Civic League Press, 1445 Market Street. Suite 300, Denver, CO 80202-1728. For more information regarding NCL's Diversity Initiative, contact: Derek Okubo, National Civic League, (303) 571-4343. EDITOR'S NOTE: We apologiz( publication delays experienced H Civic Action during 1994. This ex• panded issue (Volume 8, Number 1; also replaces issues 5 and 6 from Vol. ume 7 (1994). 100' NCG Celebrates he I00th National Conference on Governance opened on Thursdav, November 12 with a special centennial celebration banquet at the new Philadelphia Convention Center. Keynoted by Housing and Urban Development Secretary Henry G. Cisneros, who spoke on the topic of the federal government's interest in building and nurturing community, the assembly featured a special anniversary video presentation on the National Civic League's historical, current and future roles in communities. entitled "A Look Back and a Leap Ahead." Additionally, Elizabeth Kellar, Deputy Director of the International City -County Management Association, presented the National Civic League with a commemorative plaque expressing appreciation for NCL's pioneering work in popularizing the council-manager plan. Past presi- ents and chiars of the National Civic League also were introduced and recognized for their leadership and other contributions. Restoring Civil Society Friday's program opened with a plenary session featuring U.S. Senator Bill Bradley of New Jersey, who discussed the need to address the steady deterioration of civil society in the United States and thus restore our democratic institutions. Defining civil society as a "distinct yet overlooked realm of modern human experience that lies apart from the realms of the capital- ist market and the nation-state," Bradley traced a number of our current societal problems to the failure of Americans to "deliberate with their fellow citizens about what matters of shared concern they have." Setting Public Priorities Noted public opinion pollster and social theorist Daniel Yankelovich followed Sen. Bradley with an admoni- tion to Americans to temper their political advocacy with a more balanced sense of our most pressing social riorities. With so many urgent needs and competing agendas, he observed, the nation is in danger of moving in too many directions at once. The remainder of Friday's program consisted of "concurrent keynote 'Spirit of Renewal' addresses" and a series of "interactive workshops" focusing on specific barriers to community renewal and means of overcoming them. Alliance for National Renewal NCL Chairman John W. Gardner kicked -off the Saturday morning program with the National Civic League's annual membership meeting, including the election of new members of the board of directors (see minutes, page 2), as well as a report on the status of the organization by NCL President John Parr (see page 5). Following the President's Report. Mr. Gardner intro- duced the assembly to NCL's major second -century initiative, the Alliance for National Renewal (see page 4). Citing abundant evidence of a "shred- ding of the social fabric," Gardner described the National Renewal initiative as a movement "to give maximum effect and exposure to the impressive stirring of problem -solving energies occurring at the grass -roots level." Particularly encouraging, he indicated, is the fact that National Renewal is already underway, as reflected in the "wave of innovation in grass -roots problem solving that covers virtually every relevant topic... .' Following the membership meeting, Angela Blackwell, Vice President of The Rockefeller Foundation led a plenary discussion on the plight of urban youth and the policies and actions needed to divert young people from gang and drug violence, discourage premature parent- hood, and rebuild community in disen- franchised and neglected inner-city neighborhoods. Blackwell urged conferees to "cross the inter -generational fault lines that so threaten our nation's prosperity." The conference closed with a banquet plenary consisting of a "town meeting" -style, participatory group reflection on the proceedings of the previous 2-1/2 days. Audio recordings of all conference plenaries and mini-plenaries are avail- able for $9.00 each, and the NCL centennial video is available for $12.00. For ordering information, contact: Bernadette Velasquez, National Civic League, (303) 571-4343. Jan, Feb, V e I `� c,�av JUE ATAGUE FFe s 1995 '95 All-Ame " C �`ft Apphcadons Applications for the 1995 All -America City Award Program are now available and must be filed with the National Civic League by 5:00 pm Mountain Time, Wednesday, April 19,1995. Presented since 1949 by the Na- tional Civic League and sponsored since 1989 by The Allstate Foundation, the All -America City Award is the oldest and most respected community -recogni- tion program in the United States. Cities, counties, villages, towns and townships, rural and metropolitan regions, and neighborhoods are eligible and encouraged to apply for the Award. Application Process As in previous years, applicants for the All -America City Award must describe three relatively recent commu- nity projects or programs with demon- strable, tangible results, carried out with a high degree of citizen involvement and collaboration among the public, private and nonprofit sectors. In addition to a brief community self -evaluation accord- ing to the National Civic League's ten - point Civic Index criteria, the 11-page application form requires basic demo- graphic and economic statistical infor- mation. Selection Process A screening committee of public and community affairs experts will meet in Washington, D.C. on May 5-6 to select 30 finalist communities, who will be invited to send delegations to present their community projects before the All - America City Jury on June 23-24 in Cleveland, Ohio. Application Resources To aid communities in preparing their All -America City Award applica- tions, NCL offers the All -America City Yearbooks from 1991 through 1994, which describe in detail the achieve- ments of past Award Winners and Finalists, as well as an informational videotape prepared by The Allstate Foundation. Yearbooks are $10.00 each; the videotape is free with the purchase of a Yearbook. For more information, or to order a Yearbook and video, contact: Jennifer Redies, National Civic League, (303) 571-4343. FEB 24 '95 11:26 r-- Ed Rinner 6461 Teshlar Circle Anchorage, Alaska 99507 February 23,1995 Mayor John Williams and Kenai City Council Members 210 Fidalgo Avenue, Suite 200 Kenai, Alaska 99611-7794 Regarding: Kenai Peninsula Borough Ordinance 94-52 Dear Mayor and Council Members, As a property owner I am alarmed at the prospect of the Kenai River Overlay District being imposed on the City of Kenai and the possible economic affect on my property. The ordinance would apply to all property with -in 150 feet of the river and all property in the 100 year flood plain. This would affect all the commercially zoned property along the river in the City of Kenai including my undeveloped land. Although the canneries are supposedly "grandfathered" they would effectively be reduced to a non -conforming use, thus nullifying the City's commercial zoning attribute of the property. This type of action means the canneries couldn't expand, improve, rebuild, nor change the use of their property. Also "grandfathered" non -conforming use generally does not pass with the sale of property. I respectfully suggest that this will dramatically reduce the real property values and the thus the real estate takes collected by the City. Since the City has deeded title to most of the tidal property it would seem that the Kenai Peninsula Borough would exceed their authority by imposing this ordinance. If the Kenai Peninsula Borough succeeds here, where else might they try to impose their will upon the City of Kenai. Again, respectfully I suggest that the City of Kenai has a responsibility to aggressively protect property owners from this form of economic deprivation and taldng by the borough. Therefore I urge you to take whatever legal measures necessary to insure that this ordinance is not imposed upon the City of Kenai. Sin ely, � Ed Rinner WELLNESS PROGRAM CITY OF KENAI I. MISSION STATEMENT The City of Kenai Employee Wellness Program is to provide a range of services to employees (and their families) to encourage healthy lifestyles. H. OBJECTIVE Broadly defined, wellness is programs and activities that encourage participants to develop long term, health -oriented habits. Because people spend approximately 30% of their waking hours at work, the work site has become an effective place to assist adults and their families in reshaping or maintaining healthy habits. The City, in turn, benefits from having healthier employees who are sick less and miss work less often, as well as being more energetic and more productive. III. NEEDS ASSESSMENT A survey was sent to all City employees to determine if there would be enough interest in starting a wellness program. We received 87 replies. Of those, 64 indicated an interest in a program, with 59 saying they would participate; 32 people indicated they would like their families to be included; and 58 indicated a desire to have a shared cost. The survey shows that most of the programs desired by employees can take place in the Kenai Recreation Center. The biggest problem will be in scheduling. IV. BUDGET One important item stressed by others who have begun well programs is to do a blood screening on each participant at the beginning of the program. I asked the local 4- 1v medical centers to submit a cost per individual and the results show a cost of $20.00 per employee. My recommendation is for the City to pay half ($10.00) and the employee to pay half ($10.00). If all of 59 participate who said they would, that would be a cost of $590.00 to the City. For activities taking place in the recreation center, I would recommend issuing punch cards at half price. Based on working out twice weekly (weight room, aerobics, racquetball, walking,m activities gym ), the maximum annual cost to the City would be $1,560.00, but it would also generate that amount from the employees. We would need to hire an aerobics instructor. At a cost of $35.00 per session (twice weekly), this would amount to $3,640.00 per year. My feeling is that we could open this class to non - employees as well and generate enough revenue to cover the cost of the instructor. Additionally, seminars on stress management, nutrition, personal training, etc., could and should be offered periodically in the program. Budget summary: Blood screening $ 590.00 Punch cards (59) $ 1,560.00 Aerobics Instructor $ 3,640.00 Seminars 1,500.00 $ 7,300.00 Newsletter 350.00 TOTAL $ 7,650.00 PERSONNEL In the programs I have studied, there is a director/coordinator, an advisory committee, and an action team for implementing specific components or programs. I would recommend one person from City Hall, one from Public Works, one from Public Safety, one from the City Council; and the Director/Coordinator would be from the Parks -2- & Recreation staff. VI. EVALUATION When the wellness program is in operation, it is important to form action teams to implement some of the components such as seminars and in setting up an evaluation schedule for all participants. This is important in the success or failure of the program. The most obvious areas to document are changes in health care costs and employees' sick jj days. An area that is difficult to measure is the attitude of employees toward the City. Hopefully, those employees who do participate will realize the City does care about their overall well being. Productivity is another area to be studied. Are employees being _ more efficient with their time? Any plan that relies on voluntary participation must develop programs that are interesting to the employees. Continual evaluation is essential to determine if changes need to be made. Any discussions about the program should not single out participants by name in any way that could harm the employee's future with the City. All employees will have the right to withdraw from any program without negative repercussions. The Wellness Director must be perceived by the City employees as having their best interests at the forefront in any wellness program and evaluation. C:\WP60\DOCS\SHERYL\WELLNESS -3- PAYMENTS OVER UAO WHICH NEED COUNCIL APPROVAL OR RATIFICATION COUNCIL MEETING OF: MARCH 1. 1995 l tttttttttlttttt!!tflt!!!t!!!tltttttltlttYtfftttYtl2YltttttYYYttYkYYtttttttftlttttttttY!ltfkttrlttlYYYtfftf tttYttttlYttYtYtttYYtYtYYYtrYtYYlrYtrttYYtYtYtYYtkxYiYtt VENDOR DESCRIPTION DEPARTMENT ACCOUNT AMOUNT MISC. tttttltrttttrtzxrtrxttttstttttrrtrtrttrrtYr:ttttrYYttrtxttt(tit xttit xrtxttxrttktttYttttrtrttttYttrttttrttttrrtttxttrtxrtrtstttxzkttxtttttkttxtxrxrrtxstxxxt.tktttit FOR RATIFICATION: HOMER ELEC. ASSN. INC. ELECTRICAL USAGE VARIOUS UTILITIES 4,615.15 BLUE CROSS OF AK AND WA MARCH MEDICAL INSURANCE VARIOUS HEALTH 28.356.81 WALTERS AND ASSOC. WORKER'S COMP ASSOC. WORKER'S COMP, INSURANCE 11,827.00 KEY TRUST CO. 1967 GO BOND 1410 1967 DEBT INTEREST 6,492.50 LIFE INS. CO, OF N. ANERICA MARCH LIFE INSURANCE VARIOUS HEALTH INSURANCE 1,037.22 LAST FRONTIER INSURANCE PACK/AUTO INSTALLMENT NON-DEPT. INSURANCE 10.164.00 FOR APPROVAL: KENAI PENINSULA BOROUGH DOORS AND WINDOWS ELECTION EXPENSES IOCT. 4, 19941 CLERK REPLACE DOORS TO CONG. HSG, SR. HOUSING (company of doors originally ordered has gone out of business) PROF SERVIPRIIIT & BIND 2.532,38 OVER PO BY $111.38 CONSTRUCTION 2,555,00 OVER PO BY $1410.00 PURCHASE ORDERS OVER 11 AO WHICH NEED COUNCIL APPROVAL COUNCIL MEETING OF: MARCH 1. 1995 trrttrx#txxtYt:t:tttttr:ttt:ttttttrtttt:te:tttt#tYrtxtrrtttt#tr#Yt:rtttRxttrtttttttttttttt:tttt:tre:ttxttxtttttttr#r:tttttRtttttrtttttY VENDOR DESCRIPTION DEPARTMENT ACCOUNT AMOUNT ttttittRYtittxtiYtYxxtttt#ttttttYtRtYttrYYYtttttYttttttYxtttYtttYtt*tttxxxtt#Yt*tttttxtxRtYtftxRttYtttitrYYttttfrYYttYttttttt*xttttttt* ANCHORAGE COLD STORAGE MARCH GROCERIES CCHG./HONE DEL. MEALS OPERATING SUPPLIES 5.000.00 STERCHI CONSTRUCTION FIRE STATION OFFICE REMODELING BUILDINGS REPAIR AND MAIN. 4.700.00 J&D CUSTOM PAINTING PAINTING REC.CNTR. INTERIOR BUILDINGS REPAIR AND MAIN. 2,940.00 STATE OF AK/INFO SYSTEM SEC. APSIN TERMINAL ID CHARGES COMMUNICATIONS COMMUNICATIONS 2.635,72 APPLIED CONCEPTS STALKER MOVING RADAR PKG (BID SPECS) POLICE MACH. AND EQUIP. 7.360.00 AMERICAN TEST CENTER TESTING ON LADDERS FIRE REPAIR AND MAIN. 1,266.00 (LADDERS TESTED ON 11/16/94) Suggested by: Administrz City of Kenai ORDINANCE NO. 1633-95 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA 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. WHEREAS, through February 22, 1995, the Senior Citizens - Borough Special Revenue fund has received approximately $7,000 in miscellaneous donations and will continue to receive donations through June 30, 1995; and WHEREAS, donations will exceed the budget estimate by at least $4,000; and WHEREAS, the Senior Citizen Program Director requests the hiring of a part-time gardener to care for the yards, flowers and surrounding area of the Senior Center. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: Senior Citizens - Borough Increase Estimated Revenues: Miscellaneous Donations 343.84 Increase Appropriations: Salary $304.50 Medicare FICA 4.42 Workers Comp 18.88 ESC 14.52 1.52 343.84 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of March, 1995. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: March 11 1995 Adopted: March 15, 1995 Effective: March 15, 1995 Approved by Finance: W (2/22/95) kl KEN41 PEN1 NSUL4 CAICUS AN ORGANIZATION REPRESENTING MUNICIPAL GOVERNMENTS AND CHAMBERS OF COMMERCE OF THE KENAI PENINSULA BOROUGH 177 North Birch Street, Soldotna, 4K 99669 Phone: 262-9107 Fax: 262-1245 Municipal Governments Don Gilman, Kenai Peninsula Borough Betty Grid(, Kenai Peninsula Borough John Williams, City of Kenai Ken Lancaster, City of Soldotna Dave Crane, City of Seward Tim Volstad, City of Seldovia January 30, 1995 To: From: Re: Amount Due: Board of Directors Chambers of Commerce Rick Conover, Anchor Point Gloria Wisecarver, Funny River Dennis Novak, Homer Vicki Steik, Ninilchik Jack Brown, North Peninsula Deborah Robertson, Seldovia Elaine Nelson, Seward Nick Nelson, Soldotna Mayor John Williams c/o --Charlie Brown, City of Kenai12L8-g-- 31-� Richard Underkofler, Secretary Gloria Wisecarver, Treasurer Dues for the 1995 Fiscal Year $727.00 ti� All N 19 ch city. -1 i 9S N %"&III 9L C& - This is your invoice for annual dues for membership in the Kenai Peninsula Caucus for the fiscal year which ends June 30, 1995. This year's dues for each municipality are eleven ($0.11) cents per capita. Dues for each Chamber of Commerce were reduced to fifty dollars ($50.00) dollars. Dues for individual members are still $10.00. Enclosed is a copy of our financial report (as of January 30, 1995) and our 1995 Statement of Legislative Positions (as adopted by the Board on January 27, 1995). Please make your checks payable to the "Kenai Peninsula Caucus" and mail to the attention of Richard Underkofler at the above address. The identification number of the Caucus for use with Internal Revenue Service reports is 92-0122818. Enclosures (2) co Kenai Peninsula Caucus Budget and Financial Report i FY 19891 FY 19901 FY 19911 FY 19921 FY 19931 FY 19941 FY 19951 FY 1995 Revenues: 1 Actual Actual Actual 1 Actual 1 Actual I Actual I Budget 1 Actual Munici alities @ 11 Cents per Capita: Borough 26,5551 5,2421 251 251 2,3951 3,5931 3,7261 2,9211 Kenai 6,6131 1,3091 251 251 6331 ! 9801 7271 Soldotna 3,7711 734 25 251 3481 5221 5481 4151 Homer 3,7131 251 01 1 1 4081 Seward 2,7041 480 25 251 2701 4051 4211 2971 Seldovia 2921 88 251 251 321 471 461 321 Kachemak 3711 65 251 251 371 551 41 44,019 I 1 Chambers of Commerce: I Anchor Point 25 25 251 25 1001 100 50 Kenai 25 501 25 50 Soldotna 25 25 251 25 1001 1001 50 Homer 251 251 25 1001 1 50 Seward I 251 25 251 251 1001 1001 50 Funny River 251 251 251 251 1001 1001 501 North Peninsula 251 501 251 1001 1001 501 Ninilchik I 1 1001 1001 50 Seldovia 25 251 251 251 1001 50 I Associate Membership Dues: State Agencies @ $100 Associations & Nonprofits @ $50 Partnership s & Individuals @ $101 20 101 201 30 30 20 30 10.0 I Total Revenuesi 8,138 285 4451 3,944 5,4521 6,341 5,322 10.00 Expenditures: Office Supplies 15 120 1901 1 811 150 8.29 Travel & Subsistence 1,813 1,823 1 2,1211 3,8441 6591 7801 2,000 Bank Charges 251 11.17 State Filing Fees 18 151 151 15 Clerical Services 1 145 2341 5871 I 131 6001 117.81 Postage 1 212 1061 911 154 74 901 2001 133.62 Copying Charges 129 I 271 211 121 2751 44.45 Phone Expenses 6361 388 3621 700 12.79 Annual Meeting100 116 443 347 4001 362.10 Legislative Reception 226 262 3061 330 1531 2991 350 Municipal League Dues 1 5111 511 525.00 State Chamber Dues 700 700 700.00 Total Expenditures, 3,166 2,690 3,3101 4,987 1,554 3,196 5,926 1,915.23 Excess Revenues 4,973 -2,405 -2,8651 -1,043 3,898 3,145 -604 -1,905.23 Beginning Cash Balance 4,475 9,448 7,043 4,1771 3,135 7,032 10,178 10,177.64 Ending Cash Balance 1 9,4481 7,043 4,177 3,1351 7,032) 10,1781 9,5741 8,272.a 1 /30/95 1995 Legislative Positions Kenai Peninsula Caucus KENAI PENINSULA CAUCUS AN ORGANIZATION REPRESENTING MUNICIPAL GOVERNMENTS AND CHAMBERS OF COMMERCE OF THE KENAI PENINSULA BOROUGH 177 North Birch Street, Soldotna, AK 99669 Phone: 262-9107 Fax: 262-1245 Board of Directors Municipal Governments Don Gilman, Kenai Peninsula Borough Betty Glick, Kenai Peninsula Borough John Williams, City of Kenai Ken Lancaster, City of Soldotna Dave Crane, City of Seward Tim Volstad, City of Seldovia Chambers of Commerce Rick Conover, Anchor Point Gloria lllfisecarver, Funny River Dennis Novak, Homer Vicki Steik, Ninilchik Jack Brown, North Peninsula Deborah Robertson, Seldovia Elaine Nelson, Seward Nick Nelson, Soldotna 1995 STATEMENT OF LEGISLATIVE POSITIONS The Kenai Peninsula Caucus is a nonprofit corporation organized under laws of the State of Alaska. The Caucus was organized in 1987 for the general purpose of promoting the physical, social and economic well being of the Kenai Peninsula Borough. Its specdic purposes may include, but shall not be limited to: charitable; benevolent; educational; civic; patriotic; political; social; and cultural activities. Voting members of the organization are representatives of Municipal Governments and Chambers of Commerce of the Kenai Peninsula Borough. An objective of the Caucus is to secure legislation at the local, state and federal levels which will be beneficial to inhabitants of the Kenai Peninsula Borough and to oppose legislation injurious thereto; but to remain non -partisan in the conduct of its affairs. The Caucus does not endorse candidates for elected or appointed positions at any level of government. Two weeks written notice must be given to each voting member of the Caucus before it may consider a legislative position or resolution. An act of the Board of Directors must be approved by at least 75% of the Directors present at a meeting. The intent of this bylaw requirement is to assure that any action taken by the Caucus will represent a substantial consensus of opinion within the Kenai Peninsula Borough. This brochure provides a synopsis of the legislative positions developed by the Caucus through input from municipal officials and directors of the local Chamber of Commerce organizations. Each position represents legislative recommendations of the Caucus. These positions will be actively lobbied for by the Board of Directors on behalf of its membership to the Alaska Municipal League, the Alaska State Chamber of Commerce, the Local, State and Federal governments. Adopted 1/27/1995 1995 Legislative Positions Kenai Peninsula Caucus TABLE OF CONTENTS Part I Resource Development Page A Industry Development Forum 3 B Oil & Gas 3 C Tourism 3 D Timber 4 E Fish & Game 4 F Coal Development 4 Part II Education A Operating Expenditures 5 B Bonded Indebtedness 5 C School Construction Grant Program 5 D University of Alaska Programs 6 Part III Taxation and Finance A State Budget 6 B Borough Budget 6 Part IV Transportation and Public Facilities A Roads and Highways: Major Highway and Urban Road Priorities 7 Local Road Priorities 8 Transportation Enhancement Project Priorities 9 Highway Safety Improvement Program Priorities 9 B Aviation 10 C Marine Transportation Systems 10 D State Highway Maintenance Facilities 10 E New Transporation Initiatives 11 F Correctional Facilities 11 G Health Facilities 11 H Senior Citizen / Community Hall Facilities 11 1 Solid Waste Disposal 11 Part V Land Use A Designation of Wilderness Areas 12 B Wetlands Legislation 12 C Nikiski Industrial Zone 12 2 Adopted 1/27/1995 1995 Legislative Positions Kenai Peninsula Caucus PART I RESOURCE DEVELOPMENT A. INDUSTRY DEVELOPMENT FORUM The Caucus supports an initiative of the Kenai Peninsula Borough to sponsor a forum to discuss the concerns of various industries and the public in dealing with competing interests arising from future resource development in the Borough. The Caucus encourages participation in this forum from representatives of the oil industry, commercial fishing organizations, the sport fishing industry, the forestry industry, the tourism industry, state and federal agencies and citizens at large. B. OIL AND GAS DEVELOPMENT 1. Arctic National Wildlife Refuge. The Congress of the United States should open the Coastal Plain of the Arctic National Wildlife Refuge (ANWR) to environmentally responsible oil and gas exploration, development and production. The State Administration and Legislature are encouraged to continue an all out effort in promoting opening of ANWR pursuant to terms of the statehood compact whereby 90% of the severance taxes would be shared with the State of Alaska. 2. Oil Expgrt an. The federal ban on export of Alaska North Slope crude oil should be repealed. Lifting the oil export ban could create new investment for energy production, jobs in the maritime industry and add at least $86 million a year to the state treasury. 3. Promotion. The Caucus encourages the State of Alaska to promote responsible oil and gas exploration and development through: _ a. A stable taxation policy; b. Easing of permitting regulations to make possible the development of marginal discoveries and sub -economic oil accumulations; and, c. Dealing with critical habitat and fishing corridor issues A[j4C to offering tracts for lease. 4. Oil Spill Continge= Plans. The Caucus encourages the State of Alaska to insist upon oil spill contingency plans which will take into consideration the unique geographic circumstances of each area where oil is transported by marine vessels. In other words, plans developed for Cook Inlet must be tailored to the Cook Inlet area, rather than imposing a state-wide contingency plan modeled after plans implemented for Prince William Sound or for any other national/international area. 5. Sul2pgrt Natural Gas Ventures. The Kenai Caucus supports any meaningful endeavors which may remove road -blocks, aid in the search for U.S. and foreign markets, or develop practical, cost effective stipulations for construction of natural gas transportation and manufacturing projects within the Kenai Peninsula Borough. 6. Kenai Peninsula as a Pipeline Terminus. While the Caucus supports Valdez as a terminus for a pipeline from the North Slope, strong effort should be made to intertie the Kenai Peninsula, particularly the Nikiski area, with any natural gas pipeline which is extended from the North Slope. C. TOURISM 1. Marketing Plans. The development of tourism marketing plans is necessary to make Alaska and the Kenai Peninsula Borough a year around destination, but particularly in the fall, winter and spring. 3 Adopted 1 /27/1995 1995 Legislative Positions Kenai Peninsula Caucus 2. State Funding. The legislature should appropriate to the Alaska Division of Tourism a sufficient budget for the continuation of its very successful state-wide marketing programs, including matching grants for Tourist Attraction Development and Visitor Information Services. In addition, the legislature should appropriate sufficient funds to the Division of Parks & Outdoor Recreation to develop facilities within the Kenai Peninsula Borough which have a demonstrated visitor value. 3. Borough Funding. The Borough Assembly should continue to appropriate a sufficient budget for the implementation of marketing plans to promote the Kenai Peninsula Borough as a visitor destination in joint venture with the Borough Economic Development District and its Tourism Marketing Council, local chambers of commerce and municipalities. 16�111,`,ll1; 1. Land Use Plans. A strong commitment must be made to timber management as a prime use in state and national forests and on property owned by the Kenai Peninsula Borough. Viable State and Borough timber sale programs should be developed with firm five year sale schedules to encourage and facilitate commercial timber harvest. 2. Spruce Bark Beetle. The Spruce Bark Beetle disease is threatening timber throughout the Kenai Peninsula. Federal, State and Borough natural resource agencies are encouraged to schedule timber sale and management programs specifically designed to eradicate this disease. E. FISH & GAME 1. Subsistence. The State Legislature is urged to resolve subsistence issues where they are conflicting with Federal law and the State constitution so that the state may retain control over management of Alaska fish and game resources. 2. Export Limits. The Caucus will oppose proposals to establish limits on fish and game which a sport angler may export out of Alaska. 3. Board of Fisheries. The Caucus recognizes and respects the authority of the Alaska Board of Fisheries to manage the fishery resources of the State of Alaska. Allocation decisions by the Board should continue to be based upon scientific and biological evidence which results in the sustained yield of the resource. The Caucus opposes any municipal or legislative action which would interfere with the Board of Fisheries' allocation process. F. COAL DEVELOPMENT 1. Tax Increment Financina. The State Legislature should amend tax increment financing statutes to enable Second Class Boroughs to sell revenue bonds for financing of public owned infrastructure necessary to coal development. 2. Strategic Plan. The State is encouraged to adopt a strategic plan which would make Alaska coal competitive with coal from other world markets. 4 Adopted 1 /27/1995 1995 Legislative Positions Kenai Peninsula Caucus PART II EDUCATION A. OPERATING EXPENDITURES 1. Constitutional Responsibilities. The Alaska State Constitution requires that the State shall establish and maintain a system of public education, open to all the children of the State. The Caucus supports the State's assumption of financial responsibility for "basic" education operating expenses. 2. Equal State Funding for Basic Education. The Legislature should establish a definition of "basic education" and establish an equitable funding formula that ensures this basic education is provided. Defining basic education is the key to development of a fair formula for state funding of education. The development of this formula should involve the municipalities or districts. 3. Local Autonomy. Full funding should not inhibit the rights of local government to supplement state or federal funding for education purposes beyond "basic needs" or to administer local schools. No mandates should be implemented without 100% funding from the State. 4. Forward Funding. The Caucus supports the use of "forward funding" to provide for basic education so that local governments and school districts will know how much funding will be available from the State prior to April 1 st of each year. 5. Funding Formula. The Caucus will oppose any funding formula proposal which mandates local sharing on a sliding scale based upon assessed valuation as a measure of "ability to pay". Rather, the formula should attempt to "equalize" expenditures per student. B. BONDED INDEBTEDNESS FOR SCHOOL CONSTRUCTION 1. Debt Reimbursement. The Caucus urges the State Legislature to establish a trust fund to fully fund the school debt reimbursement program at levels provided by statute under former programs of municipal school construction assistance in accordance with the State's responsibilities under the Alaska Constitution. 2. School General Obligation Bonds. If the State fails to establish a trust fund to finance school debt reimbursement, the Caucus supports placing a proposition on the ballot for the next state-wide general election which would enable the State of Alaska to sell its general obligation bonds to refinance all existing municipal school debt. C. SCHOOL CONSTRUCTION GRANT PROGRAM 1. Funding. The Caucus encourages the legislature to formulate a construction grant program for schools to be financed by the state's general obligation bonds. 2. Local Priorities. School construction grants should be provided for those priority school construction projects identified by the Kenai Peninsula Borough School District. Priority Project_ Description 1 Central Peninsula Middle School 2 Kenai Elementary School 3 Nikolaevsk School Addition 5 Adopted 1/27/1995 1995 Legislative Positions Kenai Peninsula Caucus D. UNIVERSITY OF ALASKA PROGRAMS 1. Airline Fire Fighter School. The Caucus urges the University of Alaska to locate an Airline Fire Fighter School in Kenai. 2. Marine Research Facilities. The Caucus opposes use of existing funds of the University of Alaska for new marine research facilities at any location unless a comparable increase in appropriations is provided for existing facilities to preclude dilution of funding for the marine research facilities at Seward. 3. Un4versdy Research Vessel Docking Facilities. The Caucus supports the use of state funds to construct a docking facility in Seward for a new arctic research vessel. 4. Cold Water Training & Recovery School. The Caucus supports actions of the City of Kenai and the University of Alaska in locating a Cold Water Helicopter Training and Recovery School at Kenai Airport. PART III TAXATION AND FINANCE A. STATE BUDGET 1. State Operating Budget. The legislature should reduce the State's operating budget, except appropriations for existing local school debt service reimbursement should be maintained at 100% of the reimbursement entitlement and appropriations for highway maintenance should be restored to levels prevailing in 1986, adjusted for inflation. a. Where shared revenues are provided to local governments and school districts, the assistance should be conditional upon some degree of local tax effort. b. When reductions are made in municipal assistance, revenue sharing, school foundation assistance and other forms of local government assistance, equivalent reductions should be made in the total operating budget for state agencies. 2. State Capital Budget. The capital budget must never be less than the amount required to attract matching federal funds. The capital budget should give priority to projects which will minimize local government operating expenses and promote economic development. 3. Alaska Permanent Fund. The State legislature is encouraged to place a constitutional amendment on the ballot for the next general election which would: dedicate all of the State of Alaska's future natural resource revenues to the Permanent Fund; transfer assets of the various state reserve funds to the Permanent Fund; and, specify a percentage of the market value of the Permanent Fund to be withdrawn and appropriated by the legislature for financing state government (aka the "CREMO PLAN" or a variation thereof). 4. State Mandated Local Tax Exem tig ons. If reimbursements to local governments for state - mandated local tax exemptions (such as the mandated property tax exemption for Senior Citizens and Disabled Veterans) are not fully funded, the exemptions should be repealed or made a local option. B. BOROUGH BUDGET The Caucus will communicate its positions by resolution on topics pertaining to borough financial plans, budget policies and local taxes. 6 Adopted 1/27/1995 1995 Legislative Positions Kenai Peninsula Caucus PART IV TRANSPORTATION AND PUBLIC FACILITIES A. ROADS AND HIGHWAYS Priority should be given to highway improvements and maintenance on roads that connect population centers, serve as school bus routes, provide access to seaports, visitor attractions and economically viable resource areas. State appropriations for highway maintenance should be restored to levels prevailing in 1986 (adjusted for inflation) by increasing the motor fuel tax. 1. Transportation Study Committee. The Caucus urges the Borough to establish a Transportation Study Committee including representation from cities, chambers of commerce and "citizens -at -large" to formulate and update a Borough Wide Transportation Plan and nominate projects for funding from the Intermodel Transportation Efficiency Act of 1991 (ISTEA). A share of the State of Alaska's ISTEA funding should be shared with the local governments of the Kenai Peninsula Borough to improve the Borough's collector routes and address other transportation needs, including safety projects, bicycle/pedestrian facilities and other projects which qualify as "transportation enhancements". 2. Additive Alternates. When bids are sought for highway and road projects, the Department of Transportation should include other priority projects in the vicinity as additive alternates in the solicitation so these projects may be accelerated if the base bid comes in less than estimates. 3. Transportation Financing. The Caucus supports placing a proposition on the ballot for the next state-wide general election which would enable the State to sell its General Obligation Bonds to accelerate financing for high priority transportation improvements. Debt service on these bonds should be financed from future federal highway aid appropriations and an increase in the State motor fuel tax. 4. Major Highways and Urban Roads. The Seward Highway, Sterling Highway, Kenai Spur Road (from Sterling Highway to Captain Cook State Park), Kalifomsky Beach Road and the Bridge Access Road should comprise the system of major highways and urban roads on the Kenai Peninsula for which improvements should be designed and constructed by the State of Alaska. 5. Major Highway and Urban Road Priorities. Priorities for the improvement of major highways and urban roads on the Kenai Peninsula are as follows: 1 Kenai Spur Road (Soldotna to Kenai) 2 Seward Highway (MP 53 to 65.5 Rehabilitation) 3 Sterling Highway (Anchor Point to Homer) 4 Kafrfomsky Beach Road (Soldotna to Bridge Access Road) 1 Seward Highway (MP 0 to MP 36 Rehabilitation) 2 Sterling Highway (Spur Road to Kalifomsky Beach Road - Soldotna Urban) 3 Sterling Highway (MP 30 to MP 60 - Cooper Landing) A project to provide lighting along the Sterling Highway from Sterling to Soldotna to mitigate moose -vehicle accidents is presently identified as a priority project on the State Transportation Improvement Plan. The Caucus suggests that there are other projects identified in this document which are of higher priority. 7 Adopted 1 /27/1995 1995 Legislative Positions Kenai Peninsula Caucus 6. Local Road Priorities. The State should share ISTEA and motor fuel tax funding with local governments for the design and construction of local road improvements. Priorities for reconstruction, improvement or extension of local roads within the Kenai Peninsula Borough are: 1 East End Road (MP 0 to 22 - Homer Area) 2 Anchor River / Cottonwood Lane Bridge Replacement 3 Russian Village Road (0.5 miles - Nikolaevsk) 4 Mission Street Improvements (Kenai) 5 Lake Street (0.5 miles, Includes Traffic Signal and Pedestrian Way - Homer) 6 Forest Drive and Redoubt Avenue (Kenai) 1 Kenai River Bridge Crossing at Funny River (Sterling) 2 Panoramic/Marriot Safety Improvements (Soldotna Area) 3 Big Eddy Road (1.4 miles - Soldotna Area) 4 Ciechanski Road, Phase II (0.9 miles - Soldotna Area) 5 East Redoubt Avenue (Soldotna) 6 Port Avenue (Seward) 7 West Hill Road ( Homer) 8 Kachemak Drive ( Homer) 9 North Kenai Road Resurfacing (Nikiski) 10 Scout Lake Loop Road (Sterling) 11 Milo Fritz Road (Anchor Point) 12 Jackaloff Bay Road (Seldovia) 1 Funny River Road (MP 2.7 to 17 - Soldotna Area) 2 South Cohoe Loop (Soldotna Area) 3 Resurrection Creek Road (1.2 miles - Hope Area) 4 Nanwalek to Port Graham Trail (3.5 miles - Nanwalek and Port Graham Area) 5 Barabara Heights Road Resurfacing (Seldovia) 6 Rocky Road Rehabilitation (Seldovia) 7 Lowell Point Erosion Control (Seward) 1 Salmon Creek Road (1.0 mile - Seward) 2 Nash Road (Seward Highway to Spring Creek Prison - Seward) 3 Poppy Lane (Kal fornsky Beach Road to College Road) 4 Tote Road (MP 0 to 1.3 - Kasilof) 5 Mission Road (Homer) 6 North Fok Road (Anchor Point) 7 Kasilof Wilderness Subdivision Road (Kasilof) 8 Ninilchik Village Bridge Rehabilitation (Ninilchik) 9 Valley Logging Road (Seldovia) 10 Sport Lake Road (Soldotna) 11 Forest Lane (Sterling) 12 Fueding Lane (Sterling) 8 Adopted 1 /27/1995 1995 Legislative Positions Kenai Peninsula Caucus 7. Transportation Enhancement Project Priorities. Priorities for Transportation Enhancement Projects are: 1 Beluga Lake Bike Trail (Homer) 2 Kenai River Storm Drainage Treatment Systems (Soldotna) 3 Upper Kenai River Rest Stop and Boat Ramp 4 Waterfront Boardwalk (Seldovia) 5 Seward High School to Nash Road Pedestrian/Bike Trail (Seward) 1 Rest rooms and RV Dump Station (MP 1.5 Seward Highway - Seward) 2 Anchor River Bridge Pedestrian Walkway (Anchor Point) 3 Clam Gulch Beach Road and Pedestrian Access Improvements 4 Cooper Landing Pedestrian Path (MP 45 to MP 50.5) 5 Kenai Spur Road Bicycle Path (Mooring Drive to Swires Road) 1 Slough Bridge to Airport Pedestrian Trail (Seldovia) 2 Poppy Lane Bike Path (K-Beach Road to College Road - Soldotna) 3 Kenai Spur Road Stormy Lake Scenic View Point (Nikiski) 4 Kenai River Flats Interpretive Site Improvements (Kenai) 5 Bridge Access Road Bicycle Path (Kenai) 6 Cooper Landing Area Archaeological Investigations 7 Isaak Walton Campground Archaeological Investigations (Sterling) Fourth Priority Transportation Enhancement Projects 1 K-Beach Road Bicycle Path (Sports Center to Bridge Access Road) 2 Historic Railroad Terminal Restoration (Seward) 3 Woodland Creek Erosion Control and Embankment Repairs (Homer) 4 Sterling Highway Pedestrian Way (Ninilchik Bridge to Deep Creek) 5 Anchor Point Scenic View Point at end of River Beach Road 6 Lowell Point Erosion Control (Seward 7 Kenai River Pedestrian Walkway (Soldotna) 8. Highway Safety Improvement Program Priorities. Priorities for Safety Projects are: 1 Kenai Spur Road @ South Miller Loop Road Intersection Improvements 2 Pioneer Avenue @ Lake Street Intersection Improvements 3 Kenai Spur Road @ Island Lake Road Sight Distance Improvements 4 Kalifomsky Beach Road @ Gaswell Road Intersection Improvements 5 Sterling Highway Lighting and Sidewalk Extensions at Anchor Point from Existing Lighting and Sidewalk North 1/4 Mile 6 Area Wide Moose -Vehicle Accident Mitigation Program 9 Adopted 1 /27/1995 1995 Legislative Positions Kenai Peninsula Caucus B. AVIATION The Department of Transportation and Public Facilities should update its Aviation System Plan to improve aviation safety at airports within the Kenai Peninsula Borough. Priority should be given to improved weather reporting, navigation and airport approach systems. The Airport Capital Improvement Priorities of the Caucus are as follows: Priority Project Description 1 Homer Runway and Taxiway Resurfacing 2 Soldotna Runway Resurfacing 3 Seldovia Runway Lighting and Paving 4 Seward Runway Extension 5 Seldovia Runway Extension 6 Land Acquisition for an Airport at Anchor Point 7 Kenai Airliner Fire Training Facility C. MARINE TRANSPORTATION SYSTEMS 1. Harbor Special Service Area. The Borough is urged to establish a special service area to serve as a "local sponsor" to operate and maintain boat harbors in the Anchor Point and Ninilchik areas in order to receive federal and state grants for the design and construction of small boat harbors in these areas. 2. Seward Ferry Service. The Caucus will oppose proposals to discontinue Marine Highway Ferry service to the City of Seward. 3. Marine Protect Priorities. Marine Capital Improvement Priorities of the Caucus are: Priority Project Description 1 Seward Ferry Terminal and Dock Replacement 2 Homer Ferry Dock, Staging Area and Parking Improvements Priority Project Description 1 Anchor Point Salt Water Access and Small Boat Harbor 2 Seward Marine Industrial Center North Dock Addition 3 Homer Small Boat Harbor Float Reconstruction 4 Ninilchik Harbor Improvements 5 Seward Small Boat Harbor Replacement and Expansion 6 Seldovia Boat Haul -Out Facility 7 Williamsport to Pile Bay Road Connection D. STATE HIGHWAY MAINTENANCE FACILITIES The Caucus urges the Department of Transportation to relocate its Seward, Soldotna and Moose Pass Highway Maintenance Facilities to locations more compatible with land use plans for the areas. 10 Adopted 1/27/1995 1995 Legislative Positions Kenai Peninsula Caucus E. NEW TRANSPORATION INITIATIVES Projects nominated by the Caucus which should be evaluated and ranked by the Borough Transportation Study Committee are Kenai Spur Road Extension (Captain Cook Park to Point Possession) Feasibility of a Borough -Wide Public Transportation System Funding for a Small Ferry to Provide Transportation for South Cook Inlet (Seldovia, Nanwalek, Port Graham and Homer Destinations) F. CORRECTIONAL FACILITIES 1. Wildwood. The Caucus urges the State to expedite the renovation and expansion of the Wildwood Correctional Center at Kenai as soon as possible. 2. Spring Creek. The Caucus encourages the planned expansion of Spring Creek Correctional Center, order to meet statewide corrections requirements. G. HEALTH FACILITIES State of Alaska to immediately consider the as designed into the orginal facility in 1984, in 1. Kenai Health Center. The Caucus urges the State to appropriate funds to provide a larger facility for public health nursing services now located at the Kenai City Hall building. 2. Seward Hospital,. The Caucus urges the State to appropriate funds to the City of Seward for equipment and facilities at Seward General Hospital. 3. Nursing Care for Pioneers. The Caucus urges the State to use existing nursing care facilities (i. e: Soldotna's Heritage Place, Seward's Wesleyan Nursing Care Facility and Homer's South Peninsula Hospital) before building any new Pioneer Homes in Alaska. H . SENIOR CITIZEN / COMMUNITY HALL FACILITIES The Caucus encourages the Legislature to make appropriations under the provisions of AS 37.05.16 to the Nikiski Senior Citizens, Anchor Point Senior Citizens and the Funny River Chamber of Commerce, Alaska non-profit corporations, to provide financing for Senior Centers and Community Hall Facilities. SOLID WASTE DISPOSAL 1. Waste Disggsal Plans. The Caucus supports endeavors by the Borough Assembly to develop long range plans and to formulate Borough codes and regulations pertaining to both domestic and hazardous waste disposal. 2. Waste Disposal Facilities. The Caucus supports a legislative grant to the Kenai Peninsula Borough for the continued improvement of solid waste disposal facilities as they become identified and approved in the Borough's area -wide long range waste disposal plans. 11 Adopted 1 /27/1995 1995 Legislative Positions Kenai Peninsula Caucus PART V LAND USE A. DESIGNATION OF WILDERNESS AREAS The Caucus opposes any further designation of "wilderness lands" within the Kenai Fjords National Park. B. WETLANDS LEGISLATION The Caucus opposes "no net loss" wetlands policies which would establish an absolute prohibition of any further use of wetlands in Alaska. Wetlands policies in Alaska should be governed by local zoning or coastal zone management programs. The Caucus supports rules that would provide an exception in Alaska from wetlands mitigation regulations that apply elsewhere in the United States. C. NIKISKI INDUSTRIAL ZONE An area for industrial uses should be set aside in the Nikiski area to facilitate the sale and development of property for uses that will create new jobs and economic activity. 12 Adopted 1/27/1995 Kenai Peninsula C -us Mailing List Name Organization Mailing Address Mailing Address 2 Phone Fax # Rick Conover Anchor Point Chamber of Commerc( Box 610 Anchor Point, AK 99551 235-2600 235-8090 Buzz Kyllonen Dennis Novak Ron Drathman Individual Member Homer Chamber of Commerce Kenai Peninsula Borough Assembly Box 49 Box 541 Box 12 Anchor Point, AK 99551 Homer, AK 99603 Homer, AK 99603 235 6435 235-8485 235-7207 235-871 6 Drew Scalzi Kenai Peninsula Borough Assembly 41685 Redoubt Circle Homer, AK 99603 235-6359 Gail Phillips John Williams Tom Manninen State Representative - District 7 City of Kenai City of Kenai 126 W Pioneer Avenue, S 210 Fidalgo 210 Fidalgo Homer, AK 99639 Kenai, AK 99611 Kenai, AK 99611 235-2921 283 3104 283-7530 283-3014 283-3014 Joan E. Schrader Coalition of Labor Union Women Box 1264 Kenai, AK 99611 283 4359 Betty Glick Jack Brown Kenai Peninsula Borough Assembly North Peninsula Chamber of CommE Box 528 Box 1310 Kenai, AK 99611 Kenai, AK 99611 283 7644 283 4099 262 1892 283-9496 Editor Kenai Peninsula Clarion Box 3009 Kenai, AK 99611 283 7551 283 3299 Judith E. Salo State Senator - District E 4110 Kenaitze Court Kenai, AK 99611 283-7764 Timothy Navarre Kenai Peninsula Borough Assembly Box 92 Kenai, AK 99611 283-4470 Vicki Steik Jeff Berger Ninilchik Chamber of Commerce Ninilchik Chamber of Commerce Box 39257 Box 39229 Ninilchik, AK 99639 Ninilchik, AK 99639 567-3335 567-3938 567-3555 567-1041 Tim Volstad City of Seldovia Drawer B Seldovia, AK 99663 234 7643 234 7430 Deborah Robertson Dave Crane Tyler Jones (c/o Yvette Welsh Seldovia Chamber of Commerce City of Seward City of Seward Drawer F Box 167 Box 167 Seldovia, AK 99663 Seward, AK 99664 Seward, AK 99664 234-7491 224-5420 224-3331 224 3248 224 3248 Elaine Nelson Seward Chamber of Commerce Box 749 Seward, AK 99664 224-8051 224 5353 Pat Reilly Ken Lancaster Kenai Peninsula Borough Assembly City of Soldotna Box 1846 177 North Birch Street Seward, AK 99664 Soldotna, AK 99669 224-7391 262 5891 224-5281 262 1245 Richard Underkofler City of Soldotna 177 North Birch Street Soldotna, AK 99669 262 9107 262 1245 Gloria Wisecarver Funny River Chamber of Commerce HC 1, Box 1587 Soldotna, AK 99669 1 262 7711 1 /31 /95 Kenai Peninsula Caucus Mailing List Name Organization Mailing Address Mailing Address 2 Phone Fax # Borough Clerk Kenai Peninsula Borough 144 North Binkley St. Soldotna, AK 99669 262 4441 262 1892 Don Gilman (c/o Bonnie Golden) John Torgerson Kenai Peninsula Borough State Senator - District D 144 North Binkley St. 35322 Kenai S ur Soldotna, AK 99669 Soldotna, AK 99669 262 4441 ) 262 6192 262 1892 262 7042 Kathy Clark Soldotna Chamber of Commerce Box 236 Soldotna, AK 99669 262 9814 Gary Davis State Representative - District 8 34824 Kalifornsky Beach Soldotna, AK 99669 262-7574 Mike Navarre Sharon Moock Grace Merkes State Representative - District 9 Kenai Peninsula Borough Assembly Kenai Peninsula Borough Assembly 34824 Kalifornsky Beach 295 Kobuk Court Box 8 Soldotna, AK 99669 Soldotna, AK 99669 Sterling, AK 99672 262-7842 262-6367 262-981 1 262-1700 Nick Nelson Soldotna Chamber of Commerce P.O. Box 3015 Soldotna, AK 99669 262-2798 1 /31 /95 March 1, 1995 Dear Members of the Public: There has been a lot of discussion lately about why the City of Kenai does not want to be included in the Kenai River Overlay District. Proponents of the Overlay District have attacked the City as having "never seen a development project it didn't like." Such attacks are more appropriate for a political mudslinging campaign than a meaningful discussion of an important public issue. By this letter we hope to correct some of the misinformation put forth regarding the City's position and return the debate to a discussion of the issues. The first argument put forth by proponents of the Overlay District is that the section of the Kenai River within the city limits is critical habitat for salmon. That assertion is contradictory to the conclusion reached by the Alaska Department of Fish & Game's "309 Study," a report heavily relied upon by proponents of the Overlay District. Citing a 1983 report, the 309 Study states that the Intertidal River Reach (first ten miles of the river) "provides little spawning or rearing habitat and generally serves as a migration corridor for juvenile and adult salmon movement to more opportunistic and preferred habitat upstream or into the marine waters of Cook Inlet". Technical Report 94-6, p. 16, Gary S. Liepitz, Alaska Department of Fish and Game, Habitat and Restoration Division (1994) . Reach One (Intertidal River Reach) contains the first 10 of the approximately 12.7 miles of the river within the city limits of Kenai. Page xii of the same report describes the lower 10 miles of the river as being "lower quality habitat for rearing fish. " Thus, contrary to what proponents of the Overlay District have stated, the scientific data does not support the conclusion that the area of the Kenai River within the city limits is critical salmon habitat. Proponents of the Overlay District cite degradation of the riverbank within the city limits as a reason for its inclusion in the Overlay District. That assertion is not supported by the Department of Fish and Game's 309 Study which states, in part, on page 37: Study reach 1 (RM 0 to 10) is ranked fourth of the five study reaches with respect to river bank alteration and development structure introduction. This area exhibits a relatively moderate amount of erosional gravel banks, large commercial docks, and a small amount of bank stabilization activity associated with the fish processing plants located in the lower two miles of the river and a relatively small number of residential parcels located at the confluence of Beaver Creek and the Kenai River. This reach has had over 9,744 feet of its 113,990.3 feet of waterfront developed, which represents 1.11 percent of the entire river waterfront. All of this reach is within the tidally influenced portion of the river (RM 0 to 12) and exhibits a mud/silt/sand substrate composition that is of a lesser value to rearing juvenile chinook salmon than the other four study reaches. In other words, contrary to the statement that "the City of Kenai never saw a development it didn't like," the scientific data indicates the river area within the City of Kenai is one of the least impacted by bank alteration and development. The scientific data simply does not support the allegation that the city has failed to protect the river front property within its jurisdiction. If the Department of Fish and Game's 309 Study concludes that the area within the city limits is not critical salmon habitat and is one of the least impacted areas of the river, why have proponents of the Overlay District insisted that property within the city be included? The answer appears to be that the City is being included for political rather than biological reasons. The proponents do not think they can sell the ordinance to the residents of the upper river without inclusion of the City. The council of the City of Kenai does not think it is appropriate to include the area within the City when the reasons are political rather than biological. While we have no doubt that the proponents of the Overlay District, like the other 16 governmental agencies with river jurisdiction, have the best of intentions, we do not feel the scientific data supports the argument that the City of Kenai needs to be included within the Overlay District. Adding yet one more layer of bureaucracy onto the existing 16 layers will not solve the problems of the river. The scientific data as contained in the 309 report prepared by the State of Alaska, Department of Fish and Game, as opposed to the political rhetoric, shows that the portion of the Kenai River within the City of Kenai is not critical salmon habitat and has been adequately protected from bank degradation and development. The portion of the river within the city limits of Kenai should not be included within the Overlay District to resolve the problems on the middle and upper river. The Kenai City Clerk has a copy of the State of Alaska's 309 Study and we invite you to review the actual report, as opposed to the political rhetoric, and determine for yourself whether it provides a biological and scientific basis for including the City of Kenai within the Overlay District. We can and have taken care of our portion of the river without the well-intentioned, but misguided, help from proponents of the overlay district. Sincerely, Mayor John Williams and Members of the Kenai City Council CITY OF KENAI it Ord 0,r4fZU 444;a" ►► 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 b3ftd MEMORANDUM TO: Thomas J. Manninen, City Manager FROM:C (b Cary R. Graves, City Attorney DATE: February 17, 1995 RE: Kenai Overlay District You requested that I examine the Borough's position on its authority to enact land use regulation within the boundaries of the City of Kenai as outlined in the memorandum of February 6, 1995 by the Borough Attorney, Thomas R. Boedeker. While I respect Tom's opinion, I do not think the Borough's authority to enact such legislation is as clear cut as he does. My comments follow. AS 29.04.010 provides that a home rule municipality has "all legislative powers not prohibited by law or charter."' Under that section, unless there is a specific statutory restriction of a home rule municipality from exercising zoning within its boundaries, it has such authority. For that reason I must disagree with the Borough's argument that a home rule municipality does not have zoning authority under Title 29. It has such authority unless a section of Title 29 specifically prohibits the exercise of such authority. AS 29.40.010 provides that a first or second class borough shall provide for planning, platting, and land use regulation on an area -wide basis. However, as the Borough acknowledges, under AS 29.10.200 that statute is not applicable to a home rule city as a prohibition on acting otherwise than as provided. In other words, the legislature did not intend AS 29.40.010 to restrict the authority a home rule city otherwise possesses regarding zoning. AS 29.35.180(a) provides, "A first or second class borough shall provide for planning, ' Article X, §11 of the Alaska Constitution also provides, "A home rule borough or city may exercise all legislative powers not prohibited by law or charter." Thomas J. Manninen February 17, 1995 Page 2 platting, and land use regulation in accordance with AS 29.40." However, AS 29.35.180(a) and all but two sections of AS 29.40 are inapplicable as restrictions on the authority of home rule municipalities to act otherwise. AS 29.10.200. Since a home rule city has zoning authority under AS 29.04.010 unless otherwise prohibited by state law, the next question is whether that authority is exclusive of the Borough's authority or concurrent with the Borough's authority. If there is concurrent zoning jurisdiction, then the question arises of whose ordinance takes precedence in case of a conflict. It could be argued that since the Borough has in reality failed to exercise zoning in an area -wide manner as discussed below, the City's zoning authority takes precedence. The Borough argues that AS 29.35.250(b) prohibits a city (including a home rule city) from exercising a power which a borough has chosen to exercise on an area -wide basis.' The problem with the Borough's argument is that there is a substantial question of whether the Borough is really exercising its land use regulation power on an area -wide basis. The fact that the Borough is supposed to exercise such authority on an area -wide basis under AS 29.40.010 does not mean it has actually done so. Under the Borough code, there are two zoning districts in the Borough —the municipal district and the rural district. KBC §21.04.010. The municipal district includes those cities within the Borough which have exercised zoning authority (Kenai, Soldotna, Homer and Seward). The remainder of the Borough outside the municipal district is designated as the rural district and is "unrestricted" except as otherwise provided in Title 21 of the Borough code. While there are small pockets of land effectively zoned within the rural district, the vast majority of land within the rural zone is unrestricted under Title 21 and is, in reality, unzoned. Given that, I think the argument can be made that the Borough is not exercising its land use regulatory authority on an area -wide basis and, therefore, AS 29.30.250(b) does not restrict the City's authority. For the above reasons, I think a substantial question can be raised as to whether the Borough possesses the authority to include property within the City of Kenai in the overlay district. CRG/sp 2 Those sections are AS 29.40 and AS 29.40.160(a)--(c) (title to vacated areas) and AS 29.40.200 (subdivisions of state land). 3 AS 29.71.800(1) defines "area -wide" as meaning "throughout a borough, both inside and outside all cities in the borough." Thomas J. Manninen February 17, 1995 Page 2 platting, and land use regulation in accordance with AS 29.40." However, AS 29.35.180(a) and all but two sections of AS 29.40 are inapplicable as restrictions on the authority of home rule municipalities to act otherwise.' AS 29.10.200. Since a home rule city has zoning authority under AS 29.04.010 unless otherwise prohibited by state law, the next question is whether that authority is exclusive of the Borough's authority or concurrent with the Borough's authority. If there is concurrent zoning jurisdiction, then the question arises of whose ordinance takes precedence in case of a conflict. It could be argued that since the Borough has in reality failed to exercise zoning in an area -wide manner as discussed below, the City's zoning authority takes precedence. The Borough argues that AS 29.35.250(b) prohibits a city (including a home rule city) from exercising a power which a borough has chosen to exercise on an area -wide basis.' The problem with the Borough's argument is that there is a substantial question of whether the Borough is really exercising its land use regulation power on an area -wide basis. The fact that the Borough is supposed to exercise such authority on an area -wide basis under AS 29.40.010 does not mean it has actually done so. Under the Borough code, there are two zoning districts in the Borough —the municipal district and the rural district. KBC §21.04.010. The municipal district includes those cities within the Borough which have exercised zoning authority (Kenai, Soldotna, Homer and Seward). The remainder of the Borough outside the municipal district is designated as the rural district and is "unrestricted" except as otherwise provided in Title 21 of the Borough code. While there are small pockets of land effectively zoned within the rural district, the vast majority of land within the rural zone is unrestricted under Title 21 and is, in reality, unzoned. Given that, I think the argument can be made that the Borough is not exercising its land use regulatory authority on an area -wide basis and, therefore, AS 29.30.250(b) does not restrict the City's authority. For the above reasons, I think a substantial question can be raised as to whether the Borough possesses the authority to include property within the City of Kenai in the overlay district. CRGIsp ' Those sections are AS 29.40 and AS 29.40.160(a)—{c) (title to vacated area and AS 29.40.200 (subdivisions of state land). AS 29.71.800(1) defines "area -wide" as meaning "throughout a borough, both inside and outside all cities in the borough." CITY KENA 0 F ,. G� 0i>a *ta 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 byttyl �r.taalr MEMORANDUM 1) I I 1992 TO: Mayor and Councilmembers FROM: Carol L. Freas, City Clerk City of Kenai DATE: February 21, 199 RE: ANNUAL RECEPTION FOR VOLUNTEERS A few months ago, Council suggested their annual reception for volunteers be held during National Volunteers Week. National Volunteers Week is scheduled for the week of April 23, 1995. I have checked with Kim Booth at the Visitors Center. The Center is available on Monday, April 24 and Tuesday, April 25. In the past, the reception has been held between 6:00 p.m. and 8:00 p.m. The regularly scheduled April meeting of the Historic District Board is April 25. The Board's meeting begins at 7:00 p.m. in the Council Chamber. DOES COUNCIL WISH TO HOLD THEIR ANNUAL RECEPTION FOR VOLUNTEERS AT THE VISITORS CENTER? IF SO, WHAT DAY? i:) Airport Manager's Report KENAI MUNICIPAL AIRPORT 1995 MONTHLY ENPLANEMENT REPORT Month Era Alaska MarkAir Monthly Totals JAN 5,376 4,194 9570 FEES 0 MAR 0 APR 0 MAY 0 JUN 0 JUL 0 AUG 0 SEP 0 OCT 0 NOV 0 DEC 0 Totals 5)376 4,194 9570 MarkAir: 43.8% (41()4) January 1995 9.570 Total January 1994 8.211 Total ® Era Alaska MarkAir Era Alaska: 56.2ro (5376) Kenai Municipal Airport 1994 - 1995 L mg Term Pay Parking ° Racdpts ° Total Receipts - July 1, 1994 thru February 23, 1995 Parking : $ 46,941.76 3 4 Permits : 8,768.94 Total : S 55,710.70 Total Daily Average Parking Receipts for237 Days - S198.07 205 10. 11. 12. 13. 14. Information Items March 1, 1995 Kenai City Council Meeting 2/21/95 ICMA letter of congratulations to Kim Howard and award certificate for the completion of the Effective Local Government Manager course. 2/16/95 KK letter to George Church, DOT regarding Kenai Spur Highway street lights. 1/26/95 Frank Muncy letter regarding Rural Economic & Community Development loan funds with comments from Finance Director Brown. 2/14/95 Department of Natural Resources Notice of the issuance of the preliminary finding under AS 38.05.035(e) regarding proposed oil and gas lease, Sale 80 (Shaviovik). 2/17/95 Alaska Municipal League, Legislative Bulletin. NPDES Permit Violation Speech; Fact Sheet; Cook Inlet Scientific Studies Summary; EPA News Release; New Operational Procedures Address on-Compliance Issue; AOGA Technical Fact Sheet Nos. 93-1, 95-2, 93-3, 93-4, 93-5, 93- 6; Facts About Cook Inlet Offshore Discharges; and, Populations. January/February 95 National Civic League, Civic Action/ 2/22/95 RC memorandum to TJM regarding safety program update. 2/22/95 version of the Kenai Peninsula Borough Ordinance No. 94-52. 2/22/95 DM memorandum with attached 1994 Police Activities Report. 2/16/95 U.S. Army Corps of Engineers Public Notice of Application for Permit - Kenai River 302. 2/22/95 Department of Natural Resources Call for Comments - Proposed Oil and Gas Lease Sale 74W, Cook Inlet. 2/6/95 Alaska State Chamber of Commerce, Fiscal Notes articles. 2/21/95 Alaska State Chamber of Commerce, Fiscal Notes articles. ,err at;u'13d �'r, counr. "Aanaaement , ssoc�aticn February 21, 1995 Kim Howard P.O. Box 2823 Kenai, Alaska 99611 Dear Ms. Howard: It gives me great pleasure to award you a certificate for completion of the Effective Local Government Manager course. The Certificate represents a great deal of time, patience and study and is truly a reflection of your ability to accomplish reaching set goals. You may well be proud of your certificate since only a select number of participants actually overcome this challenge. If you have any additional comments, questions, or suggestions for the improvement of courses, we will be grateful to receive any that you may wish to share. We send you our congratulations and sincere good wishes for your continued success. Sincerely, Verity Weston-Truby U Director. ICMA Professional Development Institute Eric: one certificate -'i North Camm St,eet. NE .—ate 500 .'.'ashinaton, �-:; 20002-4201 --02-289-4262 -=x 202-962-3500 1CMA, TRAINING INSTITUTE This is to certify that Kim HowarcL has satisfactorily completed a professional training course in EFFECTIVE LOCAL GOVERNMENT MANAGER during the year 1995 A,X�- Executive Director International City Management Association CITY OF KENAI I I Od ela12iW 4 41424," - - 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 bcad �r�.Noa► 'IIIII j": February 16, 1995 George Church DOT/P F 44149 Sterling Highway Ste. D Soldotna, AK 99669 RE: Kenai Spur Street Lights A Councilperson at our City Council meeting of February 15th, requested I contact you. There is a concern over the large number of street lights that are not operating along the Kenai Spur Highway within the City of Kenai. I think the Council wanted to make you aware of this problem and would appreciate anything you could do to repair the lights. Sincerely, Keith Komelis, Public Works Director cc: Mayor & Council Tom Manninen, City Manager ��\ L PV1 s '48 United Stal Rural Economic and % Deparmont bbbbt Community Agriculture Development J John Williams, Mayor City of Kenni 210 Fidalgo Avenue, Suite 200 Kenai, AK 99611-7794 Dear Mr. Williams: 634 S. Bailey, Suits 103 Palmer. AK 99645-6330 Phone: (907)745.2176 " Fax: (907) 745.5398 January 26, 1995 Rural Economic & Community Development (RECD) (formerly Farmers Home Administration) has a considerable amount of loan funds which could be used to help finance some of your Capital Projects this year. Loan funds can be combined with a wide variety of federal, state, and municipal grants in order to pay for needed projects. In addition to the typical water, sewer, and solid waste improvements, loans can be made for other essential community facilities. Loans can also be made for items such as: Fire and rescue building or equipment, road, sidewalk, and street lighting, clinics, libraries, community center, hydro -electric generator, city vehicles and similar capitol improvements . Loan repayment is based on the useful life of the project and are secured with city income or project revenues. Based on your 1990 Median Household Income, the current interest rate to the city would be 6.875 % . If you are interested in more information on this program or wish to file an application, please contact me at once. Sincerely, FRANK A. MUNCY Acting, Chief Community and Business Programs i 1reJ C, 'A�q w" ° y7 w Q J �4 v G % Sr i ry r/ M.np /CI 1� DPP P9 - ti 9 v e. Rural Economic and Cammunity Development is an ✓ o Equal Opportunity Lender. Complaints of disariunination should be sent to: So, - ry of Agriculture. Washington, D.C. 20250 C 4; -7 + To DEPT. OF NATURAL RESOURCES February 14, 1995 DIVISION OF OIL AND PIS TONFKNORTES GOi STATE OF ALASKA DIVISION OF OIL & GAS RECE1V$D C ST STE 1380 ANCHORAGE. AK 99503-5948 Phone: 762-2585 CITY ADMIN. OF KENAI - NOTICE - OF THE ISSUANCE OF THE PRELIMINARY FINDING UNDER AS 38.05.035(e) REGARDING PROPOSED OIL AND GAS LEASE SALE 80 (Shaviovik) The Department of Natural Resources, Division of Oil and Gas (DO&G), gives formal notice under AS 38.05.945(a)(3)(A) of the issuance of the preliminary best interest finding under AS 38.05.035(e) concerning the sale of oil and gas leases in proposed Competitive Oil and Gas Lease Sale 80, Shaviovik. Under AS 38.05.035(e), before this sale can take place, the director of DO&G must make a written finding that the sale will or will not best serve the interests of the state. A preliminary draft of this finding under AS 38.05.035(e)(5)(A) describing the potential effects of proposed Sale 80 and containing proposed mitigation measures has been prepared for public review and consideration. In this preliminary finding the director has established the scope of the administrative review for the proposed sale; considered and discussed certain important facts and issues determined to be material as required by AS 38.05.035(e)(1) and (g); and set out the law, regulations and applicable policies upon which the director bases his determination. Also, accompanying this preliminary finding is DO&G's analysis of the sale's consistency with the Alaska Coastal Management Program (ACMP) under AS 46.40. The public is invited to comment on any aspect of the sale including the sale's preliminary best interest finding, the ACMP consistency analysis, and any proposed term or condition. Comments should be mailed to the Division of Oil and Gas, 3601 'C' Street, Suite 1380, Anchorage, Alaska 99503, Attention: James Hansen, Chief Petroleum Geophysicist. Comments must be received by DO&G no later than 5:00 A.m. April 17. 1995 in order to be considered. Copies of this preliminary finding, DO&G's ACMP consistency analysis and preliminary legal descriptions may be obtained from DNR's Public Information Office located in Suite 200 of the Frontier Building, 3601 "C" Street, Anchorage, Alaska. Copies are also available for public review at the following locations: Tuzzy Consortium Library in Barrow; the public library in Nuiqsut; the City Clerk's Office in Kaktovik and the Loussac public library in Anchorage. Preliminary Cadastral Protraction Diagrams for Sale 80 are available on request from DO&G at a cost of $50 per set. Allow an additional $3.50 for postage. Make checks payable to: Department of Revenue, State of Alaska. DO&G will hold a public hearing concerning this proposed oil and gas lease sale at 12:00 noon on March 29, 1995 in Kaktovik, Alaska. The hearing will be held in the North Slope Borough's (NSB) Teleconference Center located in the Kaktovik Community Center. Teleconferencing sites will also be available at: the village of Nuiqsut in the NSB's teleconferencing center in the Nuiqsut Community Center; the City of Barrow in the NSB's teleconferencing center in the ASRC Building, 1st Floor; and in the Legislative Information Office's facilities located in suite 200 at 716 W. 4th Ave. in Anchorage. Copies of the preliminary Best Interest Finding, preliminary tract maps and other information will be provided at these locations. The preliminary best interest finding for Sale 80 was originally scheduled to have been issued on May 10, 1994. The final best interest finding for this sale was to have been issued in August 1994. However, in 1994 the Alaska State Legislature passed ch. 38, SLA 1994 (SB 308) and ch. 34, SLA 1994 (SB 238) into law. These laws altered the procedures and conditions for the issuance of best interest findings and Coastal Zone Consistency determinations for state competitive oil and gas lease sales. As a result of these changes, the director has determined it to be in the state's best interest to re-evaluate the facts and issues in proposed Sale 80 under the provisions of the new law in order that the finding and consistency determination for this proposed sale could benefit from the new standards established by this legislation. The final finding is expected to be available to the public on or about August 8, 1995. Under AS 38.05.035(i) only those persons who are affected by the final written finding and who have meaningfully participated in the best interest finding process through written comment, or oral testimony presented at a public hearing(s), are eligible to file an administrative appeal or request for reconsideration by the commissioner of the final decision. Further, Under AS 38.05.035(1) only those persons who have exhausted their administrative rights by requesting a reconsideration have standing to appeal the best interest finding to the Superior Court. A proposed ACMP consistency determination will be issued on or about April 27, 1995. Under AS 46.40.096(e)(1), the right to petition the Coastal Policy Council for a review of a proposed consistency determination is limited to the applicant, or an affected coastal resource district, a state agency, or a citizen of an affected coastal resource district, but only if the party submitted comments during the above prescribed comment period. The final ACMP consistency determination will be issued on or before July 28, 1995 and will accompany the final best interest finding. Proposed Sale 80 includes 202 tracts with an area of approximately 951,302 acres, and is located entirely within the North Slope Borough. The sale area is generally located between the Canning and Ugnuravik Rivers. --T-he-proposed- sale- area consists of state owned uplands and tide and submerged lands located on the north slope and in the Beaufort Sea. The communities of Kaktovik and Nuiqsut may be affected by activities resulting from this sale. Proposed Sale 80 has been included in the oil and gas leasing program since 1990. 2 A portion of proposed Sale 80 has not been previously included in the State's oil and gas leasing program as required under AS 38.05.180(c). However, Tracts 80-168, 80-169, 80-170, 80-171, 80-172, 80-173, 80-174, 80-175, 80-176, 80-177, 80-178, 80-179, 80-180, 80-181, 80-182, 80-183, 80-184, 80-185, 80-186, 80-187, 80-189, 80-193, 80-194, 80-195, 80-196, 80-197, 80- 198, 80-199, 80-200, 80-201 and 80-202 are being offered in this sale as exempt acreage under the provisions of AS 38.05.180(d)(1). This statute allows the commissioner of the Department of Natural Resources to issue oil and gas leases in areas that have not been included on the State's five-year oil and gas leasing program if the land to be leased was previously subject to a valid state, federal or private oil and gas lease. The above referenced tracts were leased in one or more of the following lease sales: Sale 13, Sale 14, Sale 23, Sale 31 and Sale 39. If a decision is made that the proposed sale best serves the interests of the state, an "Instructions to Bidders" packet will be made available on or about August 8, 1995. If a decision is made to hold the sale, it is tentatively scheduled to occur in the Wilda Marston Theater in the Loussac public library, 3600 Denali Street, in Anchorage, on November 21, 1995, in accordance with AS 38.05.180. 2,�� Kenneth A. Boyd Deputy Director 80-945a3A 3 I 190 +p 1M Ise 167 Ise f0 tel �%L 4 4 ts2 1st tet 1eo tsa "' tee + 4° s 8N �� tss to• tsa is t.2 y� +M ,}� � 70° 13e IV1•D 700 00' �, is In ills S11• 119 tte to 120 1' ,LV • 1 t+t 132 133 tH -117 12D 121 t2� t21 t25 12e 127 130 131 022 Oet oss 097 0e2 oat 0•e it OQ7 m tot toe 105 1109 g 6N l of as N 110 aa3 ae. o1r 'ON 00 onoa ON too ow 103 1a 107 IC* D In r0 a, 0. ON 0e0 on ow eeo on 0e7 on 071 07e Ws ¢ m �• D oe2 an ae• as oe7 ttee 01111 oQ oee oea 0M 070 on 074 on on 079 a0 y « Ot• 013 017 o2t am 026 024 02a 029 oos 002 OJ7 006 011 0.0 OLI' OM Oda 4N l 011 012 Ote Ote 01e 019 as o» ON om Wt ox oas o3e 030 042 oa Do oa 0a D = s W4 oao an o07 Z �•• on 00e 000 010 E 69° 2N 30' oaa — W 14E 10E 12E ��I 1N 1SE 1SE 20E 22E UMIAT BASE LINE 24EF`•" 149000' 148"00' 147°00' STATE OF ALASKA --DEPARTMENT-OFLNATURAL-RESOURCES NOTE : NO DECISION HAS YET BEEN MADE ON WHETHER THE DIVISION OF OIL AND GAS STATE WILL HOLD THIS LEASE SALE. THE STATE IS "THERINO PROPOSED OIL AND GAS LEASE SALE 80 SOCIAL ENVIRONMENTAL & 4 MAP ECONOMIC INFORMATION ON AREA SHAVIOVIK PRELIMINARY TRACT MAP "�"'° BASE A NOTE THIS MAP IS LS NOT NOT THE SCALE 1:S00,000 ONE INCH a 13 MILES approK. OFFICIAL TRACT MAP. A SET OF Staff Amin 10 30 40 OFFICIAL TRACT MAPS AVAILABLE AT THE DEPARTM DIRECTOR, LAND OAS DRAW OATE APPROVm 1_10.� OF NATURAL RESOURC PROPOSED SALE AREA JAMES E. EAS M.P. �+o� BASE MAP: TRANSPOSED FROM DIVISION OF OIL AND GAS, 3WI C ST., SUITE 13M P.O. BOX 10M, U.T.M. PROJeCT10NS BY U.&06& ANCHORAGE, ALMM M10•T034 PETRO. C3EOP ICI REDRAWN M• AUTOCAD AND PHONE MM M-25W JAMES HANSEN �vW CLARISCAD. I w 122 ,IV 1995 t=°K �� av Legislative Bulletni � Alaska Municipal League and the Alaska Conference of Mayors invite you to participate in: "The Year of Change" Annual Municipal Legislative Conference March 27-29 in Juneau We need everyone's help to convince the leg- islature that we are serious about pro- tecting the quality of life in municipalities in Alaska. The Conference will begin at 1:00 p.m. on Monday, March 27. Highlights of the three-day confer- ence include a session on legisla- tive process and lobbying tech- niques by Clive Thomas, Univer- sity of Alaska professor, presenta- tions by state officials, and visits to legislators to encourage their support for the AMBS program and other AML priority legislation. The cost for the conference is only $50. Special hotel rates have been offered by the Baranof and Westmark Juneau. Please see tentative agenda on page 7 and re- turn the registration form as soon as possible. For more information, call 586-1325. Bulletin # 19-2 February 17, 1995 AMBS to Have First Hearing SB 20 -Alaska Municipal Basic Services (AMBS) Senator Torgerson, Chairman of the Senate Community and Regional Affairs Committee and sponsor of SB 20, has scheduled the legislation for its first hearing on February 22, at 1:30 p.m. A sponsor substitute for the bill is now available at all Legislative Information Offices. The bill is the culmination of hundreds of hours of work by the Municipal Aid Working Group and members of the Alaska Municipal League. The goal of the legislation is to combine the current Municipal Assistance and State Revenue Sharing into a single program which recognizes the basic services provided by municipali- ties. It is imperative that the Legislature realize the serious negative impact that additional cuts in the programs will have on Alaska's cities. SB 20 will be teleconferenced statewide and testimony will be limited to three minutes each. Contact your local Legislative Information Office to make sure they are online. We also urge you to contact Senator Torgerson and offer your support for this important piece of legislation at 465-4989. Letters of support can be faxed to 465-4779. For more: information::on AMUs priority list:or for a copy of the Plat- form, please calluur office at 586-1325. 217 Second Street, Suite 200, Juneau, Alaska 99801 • Tel. (907) 586-1325, Fax (907)463-5480 ma Other News Legislative Subcommittees to Meet by Phone The AML Legislative Subcommittees will be meeting by teleconference next week to review recently introduced legislation and recommend positions for AML. The AML Legislative Committee is made up of four subcommittees and studies issues affecting local governments, develops recommendations on policy issues for the AML Board of Directors, and takes a strong role in AML's legislative advocacy efforts. Listed below are the dates and times for the subcommittee meetings: 1995 AML LEGISLATIVE COMMITTEE -Tom Boedeker, Chair Transportation, Utilities and Environment, and Public Safety - Tuesday. 2/21/95 - 9:00 a.m. Dennis Egan, Chair, City & Borough of Juneau Duane Udland, Co -Chair, Alaska Association of Chiefs of Police Eileen Bechtol, City of Homer Charles Davidson,City of Kodiak David Crowe, City of Kodiak Mike Milligan, Kodiak Island Borough James Stogsdill, City of Soldotna Tom Friesen, City of Ketchikan Dwight Scott Williams, City & Borough of Juneau Craig P. Goodrich, Alaska Fire Chiefs Association Taxation and Finance - Tuesday. 2/21/95 - 1:30 p.m. Doug Griffin, Chair, City of Valdez Carolyn Floyd, Co -Chair, City of Kodiak Fred Armstrong, Northwest Arctic Borough Debi Jacko, Lake & Peninsula Borough Craig Duncan, City and Borough of Juneau Nathan Kotch, Jr., City of Kotzebue Keith Perkins, City and Borough of Sitka Tom Manninen,City of Kenai Land Use, Resources, and Economic Development - Wednesday. 2/22/95 - 9:00 a.m. Eugene Smith, Chair, City of Kotzebue Linda Swarner, Co -Chair, City of Kenai Rosemary Hagevig, City & Borough of Juneau Joe Lawton, City of Palmer Thomas Walters, City of Kodiak Ron Drathman, Kenai Peninsula Borough Anne Poss, City of Whittier Willie Thomas, Northwest Arctic Borough Education and Local Government Powers - Thursday. 2/23/95 - 9:00 a.m. Gary Stevens, Chair, Kodiak Island Borough Tim Navarre, Co -Chair, Kenai Peninsula Borough Patty Ann Polley,City and Borough of Juneau Duncan Flanagan, City of Unalaska Reginald Cleveland, Northwest Arctic Borough Suzanne Hancock, Kodiak Island Borough Ralph Kibby, City and Borough of Juneau AML Legislative Bulletin #19-2 2 Contact the New Governor It is possible that the Administration is now considering cutting municipal aid again, which would add to the 5 5 % plus cuts in the last nine years. The Gover- nor needs to know that further cuts in municipal aid will: • take police off the streets • take teachers out of the schools • reduce other municipal basic services • hurt the passage of the new Alaska Municipal Basic Services Program • especially hurt small communities • add to the alarming number of munici- pal dissolutions and further "penalize" municipalities for incorporating • add to the burden of growing unfunded mandates on municipalities Ve must let the Governor know addi- tional cuts to municipalities hurt every- one. Contact: Governor Knowles P. 0. Box 110001 Juneau, AK 99811-0001 465-3500 DEC Offers Waivers Under a new system of waivers be- ing developed by the DEC, Class A drinking water systems will be eligible to apply for waivers that would make unnecessary expensive testing for con- taminants that don't exist in their areas. The new initiative means that water systems will not have to test for contami- nants unlikelv to have been introduced into their areas. This will result in sav- ing many dollars in tests, as well as ad- ditional savings in paperwork and state user fees. For further information, contact Melanie Abell, DEC Juneau, 465-5311, or 780-6046 or contact Deena Henkins, DEC Juneau. 465-5312. 1Vlunicipal h ews Executive Director Report by Kevin C. Ritchie The Legislature has been in session for a month now and I have learned a great deal in a short time. Julie and I have been visiting legislators to explain the Alaska Municipal Basic Services proposal (SB 20) and have received strong encouragement from them. Of course, the plan hinges on no cuts in funding and continued support from all our members. We knew this was not going to be an easy task, but with perseverance and good humor, we think it can be accomplished. Here are a couple of other issues we have been working on: 1. SENIOR CITIZEN/ DISABLED VETERAN PROPERTY TAX EX- EMPTION The Alaska Municipal League is working with Representative Ivan Ivan to draft a bill to make the senior citizen/ disabled veteran property tax, which is currently an unfunded state mandate on municipalities, a local option. This has been a top priority of the AML for a number of years. The bill is expected to be introduced by Monday, February 20. The bill will allow each community to design a local program to provide property tax relief to seniors and disabled veterans in a way that best balances the needs of their own communities. It is critical that each community with a property tax come up to speed on this bill. All municipalities owe their grati- tude to Representative Ivan and his staff for their help in bringing this un- funded mandates issue forward. 2. AN UNFUNDED MANDATES BILL FORALASKA There is great enthusiasm in the Alaska Legislature for unfimded mandates reform on the federal level. Federal unfimded mandates legislation has just passed both Houses of Congress! Many legislators are also interested in unfunded mandates reform on the state/ municipal level. The Alaska Municipal League is exploring a "state unfunded mandates on municipalities" bill for Alaska with the Legislature. Currently, 16 states have unfunded mandates statutes and an additional 22 states have introduced legislation this year. As on the federal level, an unfunded mandates bill would set up a process to identify and quantify state unfunded mandates on municipalities, and set forth provisions to limit or eliminate unfimded mandates. There has been a study of Alaska unfunded mandates done by the state and we are in contact with states that have such measures. Your help and support is gratefully accepted. If you want to help, call me or Julie at 586-1325. AML Legislative Bulletin # 19-2 City Manager, City of Kotzebue. (Population 3,004) The City Manager shall be the executive and administrative officer for the Citv of Kotzebue. Educa- tion: Bachelor's Degree in Management, Public Administration, Economic, Com- munity Planning or equivalent combina- tion of education and experience. Mini- mum of two years municipal manage- ment experience or five years as chief administrative officer or chief executive officer. Familiarity with budget prepa- ration, capital project coordination, mu- nicipal utility management, ordinance development, state and federal grant pro- grams. Bush experience preferred. Sal- ary: $60,000 per year DOE. Submit re- sumes to City of Kotzebue, P .O. Box 46, Kotzebue, Alaska 99752. For more information, call 907-442-3401. City Manager, City of Kodiak. A beau- tiful island community (pop. 7,500, ser- vice area pop. 15,000). Degree in Pub- lic Administration, or related field, or proven administrative abilities and a minimum of five years in a municipal government administrative capacity or equivalent. Masters degree desirable. Starting salary open depending on quali- fications and experience. Current Man- ager 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. Chief of Police, City of Dillingham. Responsible for management of Dillingham Police Dept. and law en- forcement within the City, including the operation of state contracted jail. Project director for grants received. Formulate budgets for police and jail. Responsible for supervision of 15 employees. Min. Qualifications: HS graduate or GED equivalent; 8 years law enforcement ex- perience, three of which must be in a su- Nsition Vacancies pervisory position - substitute college level course work in Police Science or Law Enforcement up to 18 months of desirable experience. Must be able to pass physical examination, background investigation, interview, polygraph and any other re- quirement necessary for employment. Salary - DOE; Health/Life Insurance; P.E.R.S.; Annual/Sick Leave. Submit re- sumes to City Manager, P.O. Box 889, Dillingham, AK 99576. Chief -Central Emergency (Medical and Fire)Services, Kenai Peninsula Bor- ough. Salary: Up to $63,060 DOE. Send detailed resume by March 10, 1995 to Kenai Peninsula Borough, Personnel Of- fice, 144 N. Binkley, Soldotna, AK 99669 or fax (907) 262-8671. Call (907) 262- 8600 for more information. Applications will be public. Risk Control Manager -Alaska Munici- pal League Joint Insurance Association, Inc. - $42,823 - 50,861 DOE. The Alaska Municipal League Joint Insurance Asso- ciation, Inc., a public entity risk manage- ment pool, is seeking qualified candidates for this full-time position. The Risk Con- trol Manager assists in executing and co- ordinating the property -casualty risk con- trol program for an association serving 94 Alaskan municipalities and school dis- tricts. Position involves extensive travel and marketing the Association's services to participants and prospective partici- pants. Minimum qualifications: Degree in In- dustrial Safety or related field and/or three years experience in property/casualty loss control. Good oral and written communi- cation skills required. Experience with municipal operations, risk management pools, and law enforcement experience preferred. Insurance marketing and com- puter experience desirable. Must have vehicle for loss control travel to member municipalities in and around southcentral Alaska. Position will be open until filled. 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 manager desirable or similar experience acceptable; advanced degree in public administration or a degree in business/ finance or equivalent experience pre- ferred. Must submit to criminal/credit history scrutiny. Salary: negotiable up to $70,000 plus benefits, DOE. Closing date: March 31, 1995. Send resume to City of Bethel, City Clerk, P. O. Box 388, Bethel, Alaska 99559. EEO em- ployer. City Clerk, City of Skagway. Perma- nent, full-time position, salary DOE. The position works under the direction of the city manager. Duties include giv- ing notice of, attending and keeping records of council meetings. Arranging publication of notices, ordinances and resolutions. Maintaining city ordi- nances, resolutions, rules, regulations and codes. Issuing building permits and monitoring planning and zoning process. Accounts payable and collection of ac- counts receivable, and election supervi- sor. Required skills: knowledge of mu- nicipal operations and laws, preferably in Alaska. Good organization, written and verbal skills. Applicants must sub- mit a letter of application and a com- plete resume, as well as a City of Skagway application form, no later than February 23, 1995. Contact the City Clerk at City of Skagway, P.O. Box Skagway, AK 99840. (907) 983- Fax (907) 983-2151. EEO employer. AML Legislative Bulletin #19-2 E New Bills Introduced (This listing only reflects legislation that affects municipalities -for a complete list of all bills, contact vour local Legislative Information Office) SB 55 - Repeals the sunset of the enhanced 911 emergency reporting systems. Introduced 1/26/95 by Senator John Torgerson, referred to L&C. Passed the Senate on 2/8/95 and referred to the House L&C. SB 65 - Expands the services that may be offered by an electric coop- erative 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, referred to L&C, FIN. 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, referred to JUD, FIN. Companion bill to SB 82. HB 139 - Requires an inflation ad- justment of the instructional unit value used in the foundation for- mula. Introduced 2/l/95 by Repre- sentative Bettye Davis, referred to HES, STA, FIN. HB 140 - Relates to surety bonds required of certain fish processors. Introduced 2/1/95 by Representative Alan Austerman, referred to HSCF, In the Senate SB 70 - Relates to the public school foundation program. Introduced 2/ 6/95 by Senator Randy Phillips, re- ferred to HES, FIN. The legislation proposes to revise the current school foundation program by raising the per- centage for basic need from 35 percent to 50 percent, raising the average daily membership to 16 students, and makes other technical changes. Scheduled for its first hearing on February 17 in S HES at 9:00 a.m. SB 71 - Relates to deep freeze clas- sics. Introduced 2/6/95 by Senator Georgianna Lincoln, referred to STA, FIN. The bill allows municipalities and other qualified organizations to hold deep freeze classics. In the House L&C. The bill requires a fish proces- sor that processes 30,000 pounds or less of fish a year to pay $2,000 for bonding. HB 154 - Requires the Department of Law to provide guidelines regard- ing unconstitutional state and mu- nicipal takings of private real prop- erty. Introduced 2/3/95 by Represen- tative Vic Kohring, referred to CRA, JUD, FIN. The bill requires the De- partment of Law to provide guidelines to assist state agencies, municipalities, and the public to identify and evaluate government action that may result in an unconstitutional taking of private real property. SB 80 - Relates to police protection service areas in unified municipali- ties. Introduced 2/9/95 by Senator Steve Rieger, referred to STA, FIN. The bill allows municipalities to set up police protection service areas for services to be provided by the De- partment of Public Safety. SB 82 - Relates to revocation of a driver's license for illegal posses- sion or use of a controlled sub- stance. Introduced 2/10/95 by Sena- tor Mike Miller, referred to JUD, FIN. Adds that a violation of a mu- nicipal ordinance on the use of a con- trolled substance can be grounds for revocation of a minor's driver's li- cense. HB 176 - Relates to errors in sur- veys of land. Introduced 2/10/95 by Representative Con Bunde, referred to CRA, XD. HB 177 - Relates to police protec- tion service areas in unified mu- nicipalities. Introduced 2/13/95 by Representative Con Bunde, referred to CRA, STA, FIN. Companion bill to SB 80. 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 AML Legislative Bulletin # 19-2 S House & Senate Action (Legislative action since the last Legislative Bulletin) In the Senate SB 20 - .Establishes the Alaska mu- nicipal basic services program. Municipal Calendar March 9-10 10th Annual National Aquatic Conference/National Aquatic Management School, sponsored by the National Park and Recreation Association, Orlando, Florida. Reg- istration varies from $225-$620 depending on selected events and NPRA membership status. ing set for February 22 at '.1:30 p.m. (see March 23-24 North/Northwest Mayors Conference, Unalakleet. Call related story). Bob Foote at 624-3531 for more information. SB 56 - Relates to the rights in cer- tain tide and submerged land. SB 5 6 allows the state to c mvcy tide and submerged lands to tnunicipalities. Companion bill HIS 20, First hearing 2/ 15195. In the House HCR 1 - Creating the Long Range Financial Planning Commission. Passed the House on 211/95. Passed the Senate on 2/14/95 and sent back to the House for concurrence. HB 20 - Relates to rights in certain tide and submerged land. Passed House CRA and ItES and now in FIN. FIB', 79 - Allows the Department of Natural Resources to quitclaim land or interests in laud, to a municipality to correct errors or omissions of the: municipality HB 79 allows DNR to quitclaim land as part of a municipalities land entitlement. Passed CRA and RES and now in FIN. HB 120 - Relates to: public employers defending and .indemnifying public employees. HB :12.0 requires. municipalities. to in- demnif r.public.:enmployees unless the actions were a result'I gross negligence or intentional or wilful misconduct. Passed JUD and eferrecl to FIN. 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 Tony Nakawawa at 276-2433. March 31 Alaska Association of Municipal Clerks 1995 Annual Meeting and Banquet. For more information, call Gayle Vaughan at 262-8608. March 27-29 AML/ACoM Annual Municipal Legislative Conference and Legislative Reception, Juneau. See related story. For more information, call Julie Krafft at 907-586- 1325. March 29-31 15th Annual Governor's Safety and Health Conference. Registration is $225 before March 15, and $275 after that. For more information, contact Rebecca Custard at 907- 269-1416. April 19 AMLIP Board Meeting, 10:00 a.m. via teleconference. Call 586-1325 for more information. April 21 AML/JIA Board of Trustees meeting, Juneau. April 27-29 4th Annual NLC-RISC Pool Trustees Workshop, Key West, Florida. Sessions on member relations, internal operations, pool administration, and leadership issues for trustees. For more information, contact Steve Wells at 1- 800-337-3682. May 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 $15 5 for non-mer- bers. For more information call Judi Slajer at 907-4 1370. AML Legislative Bulletin #19-2 6 Alaska Municipal League and Alaska Conference of Mayors Annual Municipal Legislative Conference "The Year of Change" March 27, 28, 29, 1995 - Baranof Hotel, Juneau Tentative Agenda Mondays, March 27 1:00 p.m. - 5:00 p.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. Recess Tuesday, March 28 9:00 a.m. - 7:00 p.m. 8:30 a.m. Coffee and Rolls 9:00 a.m.-1 1:00 a.m. Policy/Legislative Strategy: Transportation/Utilities/Environment Health & Safety Land Use/Resources/Economic Development Taxation and Finance Education and Local Government Powers Noon Lunch - Administration and Legislative Leaders (to be arranged) 1:00 p.m.-2:30 p.m. Presentations by Legislative Leaders 2:30 p.m.-3:30 p.m. Organize into teams to lobby Legislature 3:30 p.m.-5::00 p.m. Meet with Legislators 5:00 p.m.-7:00 p.m. LEGISLATIVE RECEPTION - Juneau/Douglas City Museum Wednesday. March 29 - All Dav 8:00 a.m.-1:00 p.m. Lobbying teams meet with Legislators 1:00 P.M. Team leaders and interested participants will reconvene to report results 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, mate- rials, and the reception. Hotel rooms have been blocked at the Baranof ($69/79) and Westmark Juneau ($79/87). For reservations, call 1-800-544-0970. Call 586-1325 for more information. Please register me for the Annual Legislative Conference - March 27-29, 1995, in Juneau. Name Municipality AML Legislative Bulletin #19-2 Title Phone Number 7 9 a8nd .............xupualej led!a!unW c a8nd................. a injuls!ga-I aq; Xq paanpoatul slug AON1 £ a8nd • • • • • • jjodag .iojaa nQ aeUnaag� Z a8nd...............auogd Aq jaaW of saau!zu woagnS anpsistgaq -IyV I a8nd" ... "6Z-LZ 113-MW `aauaia;uoJ aA!;slsi2a-1ludta!unW tunuud Woad / IWV aql ioj .tapiRag I a8nd......... ZZ tietugaA uo Suuvaq ;sJy sj! ansq ll!As (OZ gS) saaLuaS atseg led!amnW unsaid .. *ap?Sul Sj JAV" ALASKA IAIVIMUNICIPAL 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 19-2 :VPDES PERMIT VIOLA TION SPEECH Recently the U.S. Environmental Protection 140 - Agency (EPA) fined Unocal for discharge �- �'iolations in Cook Inlet. Unocal reported these violations which included clerical errors on reports, failure to sample, and waste discharges exceeding limitations in the National Pollutant Discharize Elimination System (NPDES) permit. While the EPA did fine us, none of the violations placed the well-being of the Cook Inlet at risk. Unocal's home in Alaska is the Cook Inlet region. And like a home we want to keep it clean. safe and prosperous. We did not fully comply with the terms of the permit, and we have made immediate changes to improve our ability to meet the EPA's conditions. We are responsible for doing that and we are doing so now. What I hope to do today is give you a better understanding of the kinds ofviolations for which Unocal was tined and the impact this fine has on you. To do that, I will address two basic questions. First, hoiv do EPA 's recent actions affect you attd vour environment? The EPA took action against Unocal for our failure to comply with the permit. The fine was not for any environmental impact to Cook Inlet. In other words, there is no evidence of harm to Cook Inlet. One reason is that the requirements of the permit are very strict. The permit Qoverns the treated wastewater which Unocal discharges into Cook Inlet. Our facilities are small. They serve only a few people (visual aid?). We are actually putting clearer fluids into Cook Inlet than the natural Cook Inlet water itself. Also, the volume of effluent discharged into Cook Inlet is low compared to the volume of water in Cook Inlet. For every tablespoon of treated wastewater discharged from a Unocal facility, more than 400,000 Qailons of water flow past the discharge point every day (visual aid). I will use another example to illustrate the minimal impact that Unocal's treated wastewater discharges had on the environment. We use the term "suspended solids levels" to describe the concentration of solids in treated wastewater that is discharged. The permit restricts Unocal to discharging a level of suspended solids which may be as little as 3% of the suspended solids levels found naturally in the Cook Inlet (show water samples). In other words, even when we exceeded the allowable levels, we may still have been well below the levels found naturallv in the Inlet waters. Compare what I've just described to this: EPA recently granted a permit which allowed iolids to be discharged at levels higher than those found naturally in Cook Inlet. Given this standard. EPA's decision to fine Unocal is not based on our impact to the environment but on our failure to abide by the letter of the permit. The Municipality of Anchorage is allowed to discharge sanitary waste at levels about half as stringent as Unocal's. Why is this? Because the Environmental Protection Agency and the State of Alaska agreed with the Municipality that the less stringent requirements would not impact Cook Inlet. In other words, they determined that additional treatment was not appropriate for sanitary treatment. :\.rtd if these more stringent regulations would have been required, the citizens of Anchorage would have had to have anted up at least S 13 0 million for treatment equipment plus S5 to 7 million in annual operating expenses. Does this mean that Cook Inlet is being adversely impacted --absolutely not. The annual monitoring and environmental studies conducted in Cook Inlet by the Municipality show no impacts have occurred. So why is EPA holding Unocal to these more stringent requirements when they acknowledge the Municipalities' discharge, which is 10.000 times greater than our discharge volume, does not represent any harm to Cook Inlet? Fishing boats and commercial vessels are required to meet some of the same discharge requirements that we are required to meet --but not all of them. However, the solids requirements are more than twice the level we are required to meet. The Federal and State government recognize that these discharges wiil not degrade Cook Inlet. again, why is there a difference? The permit limitations are not always based on the real world. We need to change this (visual aid). I hope that I have placed our activities and the resulting actions of the EPA in perspective, and that you understand the impact to you and your environment is minimal. To back this up, two separate studies conducted by the Minerals Management Service and the Cook Inlet Citizens Advisory Council conclude that there has been no environmental contamination of the Cook Inlet from oil and gas operations. These findings are similar to studies in the Cook Inlet conducted over the past twenty years (Scientific Studies Summary). Second, how do the EPA 's actions affect Unocal I emphasize that many of the violations were caused by clerical or procedural errors while others were associated with wastewater discharges which I have just discussed. We accept responsibility for our actions. Unocal is committed to complying with the laws and regulations which govern us. Unocal reported all discharge violations and advised the EPA of our findings. We immediately changed our procedures to ensure that our reporting systems are timely and adequate. Some of the facilities' equipment was modified to improve performance. A comprehensive compliance program was implemented which provided education and training to our tacilities' personnel. How else is Unocal impacted by EPA's actions? This fine adds to Unocal's operating costs. Add to this regulatory uncertainty regarding requiring tanker escorts in Cook Inlet, stricter regulations of the State of Alaska Water Quality Regulations, and EPA's potential zero discharge FACT SHEET L BACKGROUND TO NPDES PERMIT The United States Environmental Protection Agency (EPA) regulates discharges in the Cook Inlet and Gulf of Alaska under the Clean Water Act's General National Pollutant Discharge Elimination System (NPDES) permit. The permit established limitations for industries, or any entity, which discharges treated fluids into these Alaska waters. The purpose of the permit is to utilize existing technology and to preserve the health of the Cook Inlet by ensuring that federal and State of Alaska water quality standards are maintained. 2. UNOCAL'S ROLE Union Oil Company of California (Unocal), as Operator of 10 offshore platforms and 2 onshore fluids handling facilities, discharges sanitary waste (a mixture of treated wastewater, graywater, and filtered Cook Inlet water), produced water (the natural water produced with oil and gas), drilling mud and cuttings and other minor effluents into the Cook Inlet. These materials are stringently regulated to prevent any impact to Cook Inlet. All of Unocal's discharges into these waters are governed by the permit. In January, 1994, Unocal voluntarily undertook a review of our 1993 reporting records. This review was completed in early March 1994; results indicated that clerical errors, sample omissions, and permit exceedences occurred. Unocal presented its findings to the EPA later that month and offered to perform a similar review on the 1989 through 1992 compliance records. The EPA also agreed to address ambiguities inherent in the permit. In May, 1994, upon completing the compliance review for years 1989 through 1992, Unocal forwarded corrections to the EPA. Throughout the review process Unocal worked, and continues to work, closely with the EPA on this compliance issue. 3. UNOCAL'S FINDINGS Unocal's investigation identified inconsistencies with the permit during the 1989 to 1993 period. These ranged from clerical reporting errors to instances where our discharges exceeded permit limits. Some exceedences, which were beyond the control of Unocal, are actually recognized in the permit as "upsets" and do not necessarily constitute potential violations. Unocal exceeded its permitted levels in the following categories: Treated Wastewater. Although the majority of discharge violations involved treated wastewater, the exceeded levels were relatively low. In general, these treated wastewater exceedences were due to short term equipment failures, upsets caused by fluctuations in flow, and other reasons including errors in sampling. All facilities contain wastewater treatment plants. The wastewater systems on our facilities are small and serve only a few people. Other discharges from the platforms exceeded the permit standards on an infrequent basis. For example, less than one exceedence per year per facility occurred for produced water exceedences. This type of exceedence can be caused by upset conditions that last a brief period of time. Once aware of the exceedence, platform personnel immediately began working to eliminate the cause of the system upset. d. IMPACT ON THE COOK INLET Unocal's duty to comply with the regulations which govern us is of utmost importance. Our past actions were not enough to fully comply with the permit; however, it is our belief that the well- being of Cook Inlet has not been threatened. This is supported by the following statements: • Clerical reporting errors have no adverse effect on the Cook Inlet. The permit is extremely stringent. For example, Cook Inlet has natural suspended solids levels of 200 to 2000 milligrams/liter (mg/l). Our permit requires treated wastewater solids levels to remain below 60 mg/l. When Unocal's solids levels exceeded permit limits, we may still have been below the suspended solids levels found naturally in the Cook Inlet. The Municipality of Anchorage is allowed to discharge sanitary waste at levels about half as stringent as Unocal's. The Environmental Protection Agency and the State of Alaska agreed with the Municipality that the less stringent requirements would not impact Cook Inlet. In other words, additional treatment is not appropriate for sanitary treatment. And the annual monitoring and environmental studies conducted in Cook Inlet by the Municipality show no impacts have occurred. • The EPA recently granted a permit which allowed for the discharge of suspended solids levels which are higher than those found naturally in Cook Inlet. By granting this permit, EPA recognized that the solids limitations in our permit was not appropriate. • The volume of effluent discharged into Cook Inlet is low compared to the volume of water in Cook Inlet. For every tablespoon of treated wastewater discharged from a Unocal facility, more than 400,000 gallons of water flow past each platform. • Unocal's impact is comparatively low. For every 1 gallon of treated wastewater discharged by Unocal into the Cook Inlet, the Municipality of Anchorage discharged 10,000 gallons. • Both the U.S. Minerals Management Service and the Cook Inlet Citizens Advisory Council report in their separate 1993 studies that there has been no environmental contamination of the Cook Inlet from oil and gas operations. S. IMPACT ON UNOCAL'S OPERATIONS Regardless of the low level of impact to the Cook Inlet, Unocal is taking steps to counteract exceedences in the future. We initiated a comprehensive permit compliance program in January, 1994. The program includes a detailed written procedures manual, employee training, and tracking of noncompliance events and corrective action. In addition, Unocal personnel at each facility have reviewed their treatment systems and processes, identified potential causes of exceedences and made modifications. In one instance, a new treatment system was installed in response to the findings. Unocal is committed to its responsibilities as an operator in the Cook Inlet and as a corporate citizen on the Kenai Peninsula. We have devoted considerable effort to ensure that we comply with the permit to the greatest extent possible by reviewing our practices, implementing compliance training programs and modifying systems. Cook Inlet Scientific Studies Summary Many studies nave peen ccnouc:ea crn the nvorology of COOK Inlet ana cn tn.e impact of oil and gas industry�s discnarges in COOK Inlet. , nese studies have conciucea that no adverse impact has been iinkea wim the oil industry discnarges to COOK Inlet. Impacts are believea to be mItiaatea cue to :7e strong currents in COOK Inlet. Drilling discharges have oeen more extensiveiy studied than produced water. Generally, the biological effects of dhilinc oiscnarges are restricted to animals living on or in bottom sediments. Scientists have conciucea that drilling discharges are not a potential source of harm to benthic communities in COOK inlet. More recent studies, summarized below. nave addressed croaucea water mscnarges. Recent Studies Unocal and Marathon Study conouc:ed by J.M. Neff and G.S. Douglas. Battelle Ocean Sciences Laboratorv. -me. ' 954. The purpose of the study, which was cerformed near the Trading Bay Production Facility produced water outfall. was to charactenze the concentrations of hydrocaroons in the Cook Inlet and compare with State of Alaska Water Quality Standards. The study concluded: 1. Hydrocarbcns were found to be non -detectable in Cook Inlet waters at the edge of the mixing zone (750 meters from the outfall). No exceeoences of the State Water Quaurr Standards was identified. 2. Sediments of uoper C,:CK Inlet are not accumuiating nyarocarcons from permittea produce❑ water discnarges. 3. It is highly unlikely that the produced water discharge is impacting marine life in upper COOK Inlet. 2. CIRCAC Study conducted by Author D. Little Consulting Firm, Draft The one of the purposes of study was to identify and document any contamination caused by the oil industry. Sediment and water samples and test organisms were collected from various locations around Cook Inlet and were analyzed for hydrocarbon concentration and compared to cackground concentrations and toxic levels of hydrocarbons. The draft final report concludes that the measurements of low hydrocarbon levels detected in Cook Inlet are charactenstic of those of uncontaminated coastal and offshore environments and are weii below ieveis known to cause adverse biological effects in most marine organisms. In fact. mortalities. of mussels olacea near the TBPF outfall, were reiatec , :ore to Cook Inlet's pnysicai stresses (swift currents and heavy suspended seaiment oaas) and/or shortages of fooa. The study is expected to ce finalized this summer. 3. Mineral Management Service Study conoucted by the University of Alaska Ancnorage and Natural Resources lns=te. Draft. The pureose of study was to determine the impacts to Cook Inlet from the oil and gas industry coerations. Sediment. water, and test organisms were tested for hydrocarbons metals. and ammonia. Tile study report has not been finalized by MMS. However, the MMS Environmental Studies Chief stated that no impacts where identified. "Cook Inlet is as clean as it ever was." There was no evidence of oil industry related contamination in the water or sediment. The study is expected to ee finalized in 1994. , ".01EPA' Alaska United States Region 10 idaho Enukonmental Protection 1= Sncth Avenue Oregon Agency Seattle `NA 98101 Washington New'S.Release 95-13 Contact: Chae Park EPA/Seattle (206) 553-1441 February 21, 1995 FOR =MIA= RELEASE Unocal, Marathon, Shell and Phillips -- four oil companies operating in and around Alaska's'Cook Inlet --.have received U.s_ I ' Environmental Protectlon Agency administrative complaints seeking a total of.$1,526,600 in civil penalties for non-compliance with the terms of their EPA wastawater discharge permits. The complaints were issued last week to the following facilities in ' the Cook TLet area: N=ber of violations Unocal Corporation Baker iPlatform 149 Bruca iPlatform 132 Anna Platform 91 Grayling Platform 35 Granite Point Platform 34 Dillon Platform 20 Monopo�d Platform 12 Grab Point Tank Farm 3 Ring Salmon Platform 3 Marathon Oil Company. Dolly Qardan Platform I 80 Spurr Platform 68 Staelhe'ad Platform 58 Granite Pt. Production Facility 18 Trading Bay Production Facility 34 M3e11 Western E and P Inc. East Forelands 64 Platf oim A 4 Platform C 4 f Phillips Petroleum company Tyonek i Platform• 1 827 • j i(more) i i Proposed renalty $125,000 $125,000 $125,000 $125,000 $125,000 $ 87,000 $ 61,800 $ 16,000 $.10,000 $125,000 $125,000 $125,000 $ 97,500 $ 53, 6,00 $ 70,500 $ 19,000 $ 12,000 $99,200 $1,526,600 L28D egg Anza. RT:TT 4R/Tx/7.1) Coo/ZoofA VRS A i a TMN VAR 1-1 ..... U .. -Z- Administrative complaints allow EPA to seek up $10,000 a day for each day during which' a violation continues, Up to a maximum of $12s, 000_ Separate complaints were issued for each .of the 1.s facilities. The allegations vary from complaint to complaint. They either involved allegations of wastewater scharges in excess or: allowable pollutant limits, or that other terms of the Permit --!such as taki.rg samples at required intervals -- were not met. The alleged violations. of effluent limits involved releases of sanitary and domestic waste in azost cases, releases of oil and m both. Pollutants in the facilitiesi grease ixi other situations, e ca and in same a cabination of discharges may ination carcinogens such as benzene, uda which may have detrimental effects on the Cook Inlet environment. The inlet is important for the migration :of anadromous fish, and is a body of water. used extensively by both commercial and sport fishermen. iJnocal, Marathon, Shall and Phillips have 20 days to request a hearing to contest the complaints.. f l l l l I , { 0 COD/Coon VAS ATQ TIMN VA.q LSRW egg Anz.C. RT:TT 4R/Tz/26 VEW OPERATIONAL PROCEDURES ADDRESS NON-COVPLIANCE ISSUE k,NCHORAGE, AL,ASKA, February _ -- Union Oil Company of California (Unocal) said todav it has implemented a new comprehensive program to monitor discharges from its platforms in the Cook Inlet. The new program includes revised reporting procedures. employee training, incident response plans and minor modifications to several facilities or systems. The U.S. Environmental Protection Agencv (EPA) assessed the company a fine for clerical reporting errors, failure to sample, and waste discharges exceeding limitations in the National Pollutant Discharge Elimination System (NPDES) permit for its Cook Inlet operations. "EPA's decision to fine Unocal is based on a failure to abide by the letter of the permit, not on the impact of our operations on the environment," said Wylie Barrow, general manager, Unocal -Alaska. "For this reason we have moved aegressiveiv to improve our monitoring systems." Unocal conducted a review in 1994 of its Cook Inlet facilities to determine compliance with the permit from 1989 to 1993. That review discovered compliance reporting inconsistencies, failure to sample, and exceedences of permit limitations generally caused by equipment failures or fluctuations in flow. After reporting its findings to the EPA, Unocal immediately implemented a comprehensive permit compliance program. Based on Unocal's request, the EPA also agreed to address ambiguities in the permit, which could unknowingly place the company in non-compliance and prevent unintentional non-compliance incidents in the future. 'We are held to very high standards, and we accept responsibility for meeting them. Unocal continues to devote considerable effort to secure compliance with the permit and to operate as a responsible corporate citizen of the Kenai Peninsula." said Barrow. "We will continue to work closely with the EPA and the State of Alaska to ensure our operations comply with all federal and state laws to the fullest extent possible. "I also want to assure our neighbors that these discharges had negligible impact on our local environment," he added. "In fact, the strineent requirements of the permit mandate that we actually put clearer fluids into the Inlet than the natural Cook Inlet water itself." The company also noted that separate studies conducted by the U.S. N inerais 'Aanaeement Service and the Cook Inlet Citizens Advisory Council had not detected any contamination in Cook Inlet waters or sediment from local oil and gas operations. These findings mirror similar surveys conducted since 1975. u u .i r- M -- To all residents of the Kenai Peninsula: As your neighbor on the Kenai Peninsuia, Union Oil Company of California (Unocai) is committed to minimizing the environmental impact of our operations and meeting permit conditions. We work closely %vith federai and state agencies to assure regulatory_ compliance and to help preserve the quality of life in our community. Recently, Unocal was fined by the EPA for clerical reporting errors, failure to sample, and minor permit limit exceedences related to the National Pollutant Discharge Elimination System (VPDES) permit for our Cook Inlet operations. In 1994, Unocal conducted a compliance review of our Cook Inlet facilities for the years 1989 to 1993. Our review discovered reporting inconsistencies, missed samples, and minor exceedences of permit limitations caused by equipment failures or fluctuations in flow. As a resuit. we revised our reporting procedures to assure proper compliance and moved quickly to remedv other areas of concern. This included modifying several of our facilities and launching a comprehensive employee training program to emphasize compliance. The EPA has agreed to address ambiguities in the wording of the permit which could unknowingly place a company in non-compliance. I want to personally assure you that these administrative errors and permit limit exceedences at no time had anv effect on the well-being of the Cook Inlet. EPA's decision to fine Unocal was based on a failure to abide by the letter of the permit, not on the impact of our operations on the environment. We are held to very high permit standards. Unocal's impact is negligible. The volume of waste to water is low. For every tablespoon of treated wastewater discharged by Unocal. more than 400.000 Gallons of water flow past the ,ischaree point every day. The federai Minerals Management Service and the Cook Inlet Citizens Advisory Council report in separate studies that no contamination was detected in Cook Inlet waters from oil and gas operations. In fact, studies conducted over the past 20 years draw the same conclusions. Unocal is continuing to devote considerable effort to ensuring compliance with the permit and to operating as a responsible corporate citizen in the Kenai Peninsula. We pledge to continue our work with the various regulatory agencies and the community to continue to make health, safety and environmental considerations the top priority in all our operations. Sincereiv, Wylie Barrow General Manager Unocal -Alaska Discharges in Cook Inlet are regulated by an EPA permit designed to ensure that they meet water quality standards, which are based on protecting aquatic life Oil and gas platforms in Cook Inlet have been discharging produced water and drilling mud and cuttings for over 25 years. An Environmental Protec- tion Agency permit strictly regulates this activity to ensure that the marine environment is not harmed. EPA developed this permit using both state and federal water quality standards, which are designed to ensure the protection of marine organisms. The discharges from the platforms have not measurably harmed Cook Inlet. Both the nature of the materials themselves and the high-energy marine environment of the inlet ensure that this is so. Before they enter the water, the discharges from the platforms are essentially non -toxic Even before they reach the inlet, the discharges are non -toxic or have very low toxlcities classified as either practically non -toxic or only slightly toxic —not taking into account additional dilution from the tre- mendous mixing in the turbulent waters of Cook Inlet. The toxicity of Cook Inlet produced water was evaluated as part of a study for the Cook Inlet opera- tors.' Toxicity values ("LC50") for the produced water from six of the platforms ranged from 9,000 to 637,000 parts per million (ppm). The LC50 is the concentration of the produced water that will result in the death of 50 percent of the test organisms in 96 hours of exposure. (The LC50 value decreases as the toxicity increases.) The organism used is usually a 4- to 5-day-old mysid shrimp larvae, one of the most sensitive marine species that can be easily grown in laboratories. Toxicity values between 1,000 and 10,000 ppm are considered slightly toxic to marine organisms. Values over 10,000 are classified as practically non-toxic.2 Drilling muds are even less toxic than produced water. The table on the back of this fact sheet sum- marizes test results from 39 mud systems used in Cook Inlet from 1987 to 1991. (The EPA requires operators to submit toxicity tests on discharged drilling muds.) Sixteen of the muds were non -toxic Technical Fact Sheet No. 93-1 August 1993 (they had values greater than 1,000,000 ppm), and 19 were practically non -toxic. Only four of the muds were slightly toxic. Three of these were collected during or after mineral oil was added to the mud to help free stuck drilling pipe. The high-energy environment of Cook Inlet rapidly disperses the discharges Alaska's upper Cook Inlet, site of oil and gas development in the region, is a very dynamic marine environment. Extreme tidal variations. which are among the greatest in the world, result in very strong currents that average 1 to 2 knots and can reach 4 to 8 knots, particularly near the Forelands. Thus, the, water of the inlet is very well mixed, and because of the inflow of rivers and streams, the net flow of water is out of the inlet to the Gulf of Alaska. In this environ- ment, the dissolved and suspended solids in drilling muds and cuttings are diluted and mixed with the other naturally occurring suspended solids from the glacial streams feeding the inlet. Because of the inlet's large natural sediment load. few marine organ- isms are able to live there all the time. The very stringent EPA permit restricts the oil in produced water to an average of 48 ppm to reduce the toxicity to the environment. The models EPA uses to set the allowable oil content of the discharges are conservative in that they do not consider evaporation, degradation, and other natural processes which tend to eliminate many of the toxic components of oil from the water. For further information Dr. Jerry Neff of Arthur D. Little, Inc. has pre- pared a report for AOGA that details the technical information summarized in this fact sheet. Contact Marilyn Crockett at (907) 272-1481 for more informa- tion on the report. Cook Inlet Discharge Monitoring Sfudy. Prepared for the Cook Inlet Operators and the U.S. EPA, Region 10, by Envirosphere Co.. Bellevue. WA, 1988 and 1989. Z "Abstract of Session Report.' By IMCO/FAO/UNESCOlWHO Joint Group of Experts on the Scientific Aspects of Manna Pollution (IMergovemmsraw Maritime Consultative Organization, Food and Agriculture Organization. World Health organization, and U.N. Educational. Scientific, and Cultural Organisation). In WetarRessamb. Vol. 3, pp. 995-1005. Alaska Oil and Gas Association, 121 W. Fireweed Lane, Suite 207. Anchorage, AK 99503-2035, (907) 272-1481. F=..:- 279-8114 Offshore Discharges In Cook Inlet: What is Their Effect on the Aouatic Environment? Representative Toxicity Data on 39 Drilling Muds from Cook Inlet Wells (Compiled by Alaska Oil and Gas Association) DATE SAMPLE TYPE MUD TYPE 96-HR LC 50 TOXICITY (ppm) CLASSIFICATION 7/3/87 End of well Generic #6 109.800 Practically non -toxic 7/30/87 — Genenc #2 546,967 Practically non -toxic 9/17/87 End of well Genenc #6 197,928 Practically non -toxic 11/17/87 End of well Genenc #6 5 Poly Plus K 12,076 Practically non -toxic 12/17/87 End of well Genenc #2 > 1,000.000 Non -toxic 2/11188 Pill spotting event Genenc #2 4,720 Slightly toxic 3/18/88 End of well Genenc #2 346,180 Practically non -toxic 5/27/88' Pill spotting event Genenc #2 50,000 Practically non -toxic 6/21/88' Pill spotting event Genenc #2 11,500 Practically non -toxic 6/21/88' Pill spotting event Genenc #2 27,300 Practically non -toxic 6/23/88 End of well Genenc #2 156,190 Practically non -toxic 7/7/88 Pill spotting event Genenc #2 2,200 Slightly toxic 8/14/88 Pill spotting event Genenc #2 1,955 Slightly toxic 8/21/88 — Genenc #2 > 1,000,000 Non -toxic 8/23/88 End of well Genenc #2 593.900 Practically non -toxic 10/2/88 — Spud mud >1,000,000 Non -toxic 10/6188 End of well Genenc #2 476,320 Practically non -toxic 10/14/88 Pill spotting event Genenc #2 222,512 Practically non -toxic 11/4/88 End of well Genenc #2 >1,000,000 Non -toxic 212189 Genenc #2 281,952 Practically non -toxic 216189 End of interval Genenc #2 > 1,000,000 Non -toxic 3130/89 End of well Genenc #2 732,264 Practically non -toxic 5/12/89 End of well Generic #2 266,380 Practically non -toxic 6/27189 End of well Genenc #2 > 1,000,000 Non -toxic 7/28/89 — Genenc #2 >1,000,000 Non -toxic 8/6/89 End of interval Genenc #2 >1,000,000 Non -toxic 9/10/89 End of well Non -generic KCI 623,888 Practically non -toxic 10/10/89 End of well Genenc #2 > 1,000,000 Non -toxic 12/14/89 End of well Non -generic KCI 457,943 Practically non -toxic 12/22/89 End of well Genenc #2 >1,000,000 Non -toxic 3/17/90 End of well Genenc #2 > 1,000,000 Non -toxic 5/18/90 End of well Non -generic KCI > 1,000.000 Non -toxic 6/10/90 End of well Gel/Gelex 8 Poly Plus 5,082 Slightly toxic 8/6190 End of well Generic #2 >1,000,000 Non -toxic 10/3/90 End of interval Generic #2 322,000 Practically non -toxic 10/15/90 End of well Generic #2 304,000 Practically non -toxic 10/25/90 End of well Gel/Gelex & Poly Plus G > 1,000,000 Non -toxic 12/21/90 End of well Generic #2 >1,000,000 Non -toxic 2/10/91 End of well Gei/Gelex & Poly Plus >1,000,000 Non -toxic 'These three samples were from the same weN NOTES A pill spotting event occurs when mineral oil is added to the mud. An oil "pill" is used only when the drilling equipment becomes stuck in the well. End of well refers to the final sample of the mud taken when the well is completed. End of Interval refers to a sample taken at the end of a particular geologic interval, or layer. The generic mud types identified are pre -approved by the U.S. Environmental Protection Agency because of their low toxicity. 96-hr LC50 refers to the concentration of the mud in water that will result in the death of 50 percent of a test organism in 96 hours of exposure in the laboratory. AOGA Technical Fact Sheet No. 93-1 August 1993 The few resident marine organisms in upper Cook Inlet live in very turbulent and silty waters Cook Inlet, a large estuary in southern Alaska, has been home to offshore oil and gas development since the 1960's. This dynamic body of water, which is about 170 miles long, has challenged the industry because of extreme tides, strong currents, and ice. At the head of the inlet is the city of Anchorage, while the mouth opens to the Gulf of Alaska. Oil and gas platforms are found in the upper inlet, which is north of the Forelands (see map on back). The constriction of the inlet by the Forelands effectively divides the inlet into two biological and physical zones: the upper and lower inlet. The environment of the upper inlet is much harsher because of extremes in suspended sediment in the water, currents, tides, freshwater inflow from rivers, and moving ice in winter. Water depths north of the Forelands range between 60 feet off Tumagain Arm to 120 feet just north of the Forelands. Cook Inlet gradually deepens south of the Forelands. Scientists generally accept that marine commu- nities are more diverse and productive south of the Forelands than north. Few resident organisms are found in the upper inlet, where intertidal and subtidal communities of bottom -dwelling organisms are poorly developed. The reason for this is the high sediment content of the water and the constant shifting of the bottom by strong currents. Over 90% of the commer- cial fishery harvest in Cook Inlet is below the Forelands. Cook Inlet has a high "assimilative capacity" In assessing the potential impact of discharges to an estuary, scientists refer to its "assimilative capacity'- i-e., the amount of a contaminant that it can receive without damage. Because upper Cook Inlet is such a dynamic environment with strong tides and currents, it is considered as having a very high assimilative capacity. As a result, discharges such as drilling muds and cuttings and produced water, which have low toxicities, are greatly diluted and dispersed in the turbulent waters of the inlet. Since the net flow of water is out of the inlet to the ocean, the dis- charges do not accumulate in the inlet. Technical Fact Sheet No. 95-2 February 1995 Winter ice makes upper Cook Inlet a challenging environment for platforms and vessels Upper Cook Inlet normally contains varying concentrations of ice for about four months in winter, and ice also will be found in the lower inlet below the Forelands. From late December through February, the ice in the upper inlet has usually developed to the extent that the ice coverage is classified as open to close pack. The strong currents of the inlet keep the ice broken into floes that move back and forth with the tides. The moving ice floes can sometimes restrict certain kinds of vessel traffic. The oil and gas industry has operated in Cook Inlet for three decades After three decades of development, 11 oil platforms and one gas platform operate in Cook Inlet (production at three other platforms has been tempo- rarily suspended). Together, the oil platforms cur- rently produce about 35,000 barrels of crude oil and 330 million cubic feet of gas per day. Unocal, Mara- thon, Shell Western E&P, and Phillips Petroleum operate these facilities (see table on back). Three onshore processing facilities separate the crude oil from produced water: Trading Bay, Granite Point, and East Foreland. These facilities are con- nected to the platforms via subsea pipelines. Cook Inlet Vital Statistics Length: 170 miles Width: 12 to 54 miles Depth: Less than 65 It to over 330 ft (average 200 ft) Range: 10 ft at mouth to 30 ft at Anchorage Range: Approaching 40 ft krents: Average 1 to 2 knots (ma)d- mum 4 to 8 kt) Nation: Water flows up the east side and down the west side; net outflow to Gulf of Alaska nmer): 32 parts per thousand (ppt) at entrance; 27 ppt at Forelands; 8 ppt at Anchorage Tints: Average 200 milligrams per liter (maximum 2,0o0 mg/1) Alaska Oil and Gas Association, 121 W. Fireweed Lane, Suite 207, Anchorage, AK 99503-2035. (907) 272-1481, Fax 279-8114 Alaska's Cook Inlet: Its Environment and Oil and Gas t sm+.ltne.. Rkw Granite Point 0 10 Facilities Appro wwo Scale (Statute Moos) �'] p � AREA OF Anchorage DETAIL y Trading Bey _ r TYo Turneg n Arm Facilttla ' , p I (KI w«tEast ForMand I Foniand Facilities ILEGEND I❑ podlictici ratan,I Onshore l�iand fj- K Separation FaMty I�aAd ....... Subsea PlpeUns Inner !T8- odryel ft w a Ninlic hlk Kachonw* Auqusllns lsisrmd N 0 20 Kennedy Entrance L --------I AppmxrrnsnScala Gulf of Alaska (Staus Miss) Caps Banren islands MAP NO. FACILITY NAME OPERATOR DISTANCE TO SHORE (Miles)* WATER DEPTH (ft, MLLW) OIL PRODUCTION (bbl/day) GAS PRODUCTION (cubic ft/day) PRODUCED WATER DISCHARGE LOCATION.. 1 NCIUTyonsk'A' Phillips 5.5 70 0 148.306,000 Platform 2 Bruce Unocal 1.5 62 800 Platform use Platform 3 Anna Unocal 2.5 77 2,1 oo Platform use Platform 4 Granite Point Unocal 3.6 75 3.200 Platform use Granite Point Facd' ty 5 Spurr Marathon 1.8 67 Temporary Temporarily Granite Pant Facility Suspended Suspended 6 Spark IVAaratfmorm 1.8 67 Temporarily Tenperardy Grande Point Facility Suspendedus Spended 7 8 lrtanaPod Sal Unocal 1.5 62 2,0oo Platform use Trading SayFacility 9 mon Grayling Unocal Unocal 2.4 80 3.800 Platform use Trading Say Facility 10 Steelhead Unocal 3.8 135 8.100 Platform use Trading Say Facility 4.4 183 3,300 114,000.000 Trading Bay Facso tV 11 Dolly Vanden Unocal 4.0 112 6.300 Platform use Trading Say Facui tv 12 Baker Unocal 7.5 102 1.500 Platform use Platform 13 SWEPI •A' Shell Waster 1 5.9 100 3,200 I Platform use East Foreland Faciliy 14 'C' ShNI Wesbrnm 4.4 70 Z200 Platform use East Foreland Facili tv 15 DillmSVVE Dilbn Unocal 3.7 92 730 Platform use Platform, Measured from the kiwi water line on National Oceanic and Atmaephenc Administration nautical charts. Outfall 10=0n8 we offshore in wafer doptths granter than 35 feet NOTE: AN numbers are approxhists. as AOGA Technical Fact Shoat No. 95-2 Fobnlary l995 The EPA Cook Inlet discharge permit is based on state and federal water quality standards The U.S. Environmental Protection Agency regulates the oil and gas industry in Cook Inlet through a permit designed to ensure that aquatic life is protected. Permit No. AKG285000 for Cook Inlet/ Gulf of Alaska regulates specific discharges to the inlet under the National Pollutant Discharge Elimina- tion System (NPDES). The 54-page Cook Inlet NPDES permit spells out strict requirements for discharges to the inlet. A complete list of the permit restrictions by type of discharge is provided on the back of this sheet. The EPA Region 10 office in Seattle issued the Cook Inlet permit in 1986. The permit was designed to ensure that the discharges did not violate state and federal water quality standards. Those standards are based on the protection of sensitive marine life. The discharges fall into three primary classes: drilling muds and cuttings, produced water, and miscellaneous water -based fluids. Only pre -approved drilling muds may be discharged Only certain types of low -toxicity drilling muds may be discharged. The permit contains a list of generic drilling mud types approved for discharge, as well as a list of authorized mud components called "specialty additives". An operator must obtain specific approval from the Region 10 EPA office before any drilling muds can be discharged that contain any component or additive not specifically listed in the permit. In such a request, the operator must submit the results of bioassay (toxicity) tests conducted in accordance with procedures approved in advance by Region 10. The request must also contain the chemi- cal characterization of the additive and the concentra- tions proposed for use.' As a further restriction, any barite added to a drilling mud cannot contain mercury in excess of 1 milligram/kilogram (mg/kg) or cadmium in excess of 3 mg/kg. Barite is a mineral mined from the earth, and ' EPA approval of such additives assumes that the ma)timum amount will be used. In fact, operators use far less. Technical Fact Sheet No. 93-3 August 1993 different deposits around the world have varying levels of these metals. The mercury and cadmium in barite are relatively insoluble and have not been shown to be toxic to sensitive aquatic organisms. When a well is completed, the operator must submit bioassay test results for a sample of the discharged mud. The operator also submits a com- plete list with volumes for all substances discharged. Produced water contains very small amounts Of oil that are strictly regulated by the permit The produced water that emerges from the earth with crude oil must be removed before the oil can be used. This naturally salty water is further processed after the crude is removed to reduce the amount of residual oil. The permit requires that the concentration of oil be very small before the produced water can be discharged to the inlet (see table). All other d1imbanges-must be monitored to ensure that no free oil is discharged Other discharges from the platforms include water -based liquids such as rainwater runoff from platform decks, sanitary effluent from platform sew- age treatment plants, cooling water, and others. The permit sets limits on oil, pH, and other parameters for these non -toxic or only slightly toxic discharges. The primary requirement is that the discharges cannot create a visible sheen of oil on the water. The permit required Cook Inlet operators to conduct a discharge monitoring study for the production platforms As a stipulation of the permit, EPA required the operators to conduct a detailed study of the nature of their discharges in order for EPA to verify the predic- tions of the models used to assess the discharges. The consulting firm Envirosphere performed the study, which was finalized in 1990. For further information AOGA has copies of the Cook Inlet permit. Call Marilyn Crockett at (907) 272-1481. Alaska Oil and Gas Association, 121 W. Freweed Lane, Suite 207, Anchorage, AK 99503-2035, (907) 272-1481, Fax 279-8114 The Cook Inlet Discharge Permit Strict Regulation of Industry Discharges Summary of Provisions of Cook InleVGulf of Alaska General NPDES Permit Operators submit monthly reports to EPA which include laboratory and monitoring informa- tion required by the permit. The laboratories which perform the analyses participate in EPA's quality assurance program, which monitors the accuracy of a laboratory's test procedures. This is only a summary-, the permit contains additional requirements. DISCHARGE EPA Number CHARACTERISTIC UMITATION MEASUREMENT Drilling Mud, and Drill Cuttings and Washwater Flow rate (based on water depth): FREQUENCY Continuous during discharge (001 and 002) • Greater than 40 meters • 1.000 barrels/hr • Greater than 20 to 40 meters • 750 barrelsihr • 5 to 20 meters • 500 barrelsihr • Less than 5 meters • No dischar e Total volume None (except 5 wells only per Daily exploration site Drilling mud constituents Generic muds and authorized End -of -well chemical invantmv . ,.­. Oil content of cuttings 10% by weight (5% for state Analysis if fails static sheen test' waters Elutnate oil and grease/ No visible sheen Before changeover and end-0f- ,ncitile idae.- Deck Drainage (003) Mercury and cadmium content of bante Chemical inventory Chemical an sis Oil content of drilling mud Toxicitv of drilling mud Flow rate 1 milligranvldlogram mercury; 3 mgtkg for cadmium (dry Weight) — — — — Once per well Once mud em Once per well I Once pwweo Once Der well Molly Free oil No visible sheen Daily, dung discharge Sanitary Wastes and Domestic Flow rate Month ly Wastes 004 and 005 Sanitary Wastes (004) Solids Residual chlorine No floatin solids As dose as possible to but no less than 1.0 milN rarnAlter m Dai Monthly BOO and suspended solids: • 24-hr period • 7 consecutive days • 30 consecutive days 60 mgA (average) 45 mgVI (average) 14n MnA r�..e. k Monthly II Miscellaneous Discharges (006-015) Free oil - -- No free oil Once per n per i charge for intermittent discharges or once Cooling Water (010), Desalinatar Flow rate per dayfor continuous dischaes Wastes (006), and Waterflooding — Monthly wastes 015 Produced Water (016) Oil and grease: Wily • Phillips A platform • 20 mgA maximum daily, 15 monthly average • Other facilities • 72 mgA maximum daily, 48 UOmpletion Fluids (017), Worlkover Fluids (018), Well Treatment Fluids (019), Test Fluids (020) Oil and grease in test fluids 72 mgA maximum daily, 48 Once per monthly average Oil and grease in other fluids Produced water limits apply to the Once per combined discharge of any workover, completion, or well treatment fluid commingled with - ------ ------ -- Solids (021) FVregolumuene ry of discharge — ................... ___-_ — 'The static sheen test involves placing a sample of the material in a bucket of water to see if an oil sheen emerges. A AOGA Technical Fact Sheet No. 93-3 August 1993 Drilling muds are essential for safe drilling of oil and gas wells Drilling muds serve four critical functions when an oil or gas well is being drilled. They: • Cool and lubricate the drill bit, • Control formation pressures in the well, • Remove the rock and soil fragments (cut- tings) produced by the bit, and • Seal the walls of the wellbore. The drill pipe used is hollow, and the mud is forced under pressure down the drill pipe to the drill bit, where the mud is discharged through nozzles. The mud carries drill cuttings back to the surface through the "annulus" (the space between the wellbore and drill pipe). This so-called "drilling fluid" is screened on the surface to remove the cuttings and is then recirculated down the drill hole. Thus, the mud is used over and over again. Used mud is discharged periodically during the drilling process and after the well is completed. The U.S. Environmental Protection Agency regulates the discharge of drilling muds and cuttings in the waters of Cook Inlet. Under the Cook Inlet permit (see AOGA Fact Sheet 93-3), drilling muds must be pre -approved for discharge and contain only additives specifically authorized in the permit. Even if a mud is authorized, it cannot be dis- charged if it produces an oil sheen on water. In addition, the operator must submit to EPA the results of a toxicity test on each mud discharged. Such tests have shown that most of the muds discharged in Cook Inlet are non -toxic or practically non -toxic (see AOGA Fact Sheet 93-1). Muds are composed of primarily natural Ingredients The main ingredient of drilling muds used by the Cook Inlet operators is water, which accounts for 75% to 85% by volume. Other ingredients include bento- nite clay, lignosulfonates, barite, lime, lignite (low- grade coal), and vegetable -based polymers. These various substances are used to control the weight and viscosity of the drilling mud. For example, bentonite clay, which is used as a base in many cosmetics, serves as a gelling agent in drilling AMA Technical Fact Sheet No. 93-4 August 1993 Well Schematic Showing Mud System During Drilling MUD RECYCLING SYSTEM (Shale Shakers. Mud Pits, Pumps) a a U C, 0 - Wellbore/ Casing iA .7 L Drill Pipe g+ Annulus a Drill Bit mud. Barite, a natural, inert mineral containing barium, is used as a weighting agent to help control pressures in the well. Nearly all of the barium in barite is in the form of barium sulfate, which is a solid, granular substance. Doctors give this form of barium to patients for certain diagnostic x-rays. Ugnosul- fonates, which are derived from wood pulp, serve as thinning agents in drilling mud. (In the past, chrome was added to lignosulfonates, but chrome is no longer used because of concerns over its toxicity.) Alaska Oil and Gas Association, 121 W. Fireweed Lane, Suite 207, Anchorage, AK 99503-2035, (907) 272-1481, Fax 279-8114 Dniiing Muds and Cuttings. What are They Made of, and What are They Used for? The exact composition of the drilling mud used in a given well is constantly being adjusted by the mud engineer. No two muds are exactly the same, but they must meet EPA permit restrictions. The Cook Inlet permit contains a list of pre - approved "generic" muds and additives The Cook Inlet NPDES permit contains a list of six so-called "generic" muds that are pre -approved for discharge. The table below shows the ingredients of Generic Mud No. 2, the one operators in Cook Inlet use most often. This mud actually contains most of the same components that are used in the other five generic muds. The permit also contains a list of authorized mud components and specialty additives. EPA has already evaluated these ingredients for toxicity, and they can be used —in the concentrations shown in the permit — without obtaining authorization from EPA (although prior notification is required). These additives. which were selected because of their low toxicity, include various polymers, surfactants, and other substances used for such purposes as controlling mud viscosity and weight. An example is guar gum, which serves to thicken muds and which is actually a food additive found in ice cream, salad dressing, and many other products. In the past, diesel fuel was sometimes used as an additive when it was necessary for lubrication and to free stuck drilling pipe. Now, far less toxic mineral oils are used as a substitute. Even so, authorization is required from EPA before a mud containing residual mineral oil can be discharged. EPA requires that as much of the mineral oil as possible be removed before discharge. The metals contained in drilling muds and cuttings are inert and are generally not soluble in water Trace amounts of metals such as mercury and cadmium are found in drilling muds because they are naturally present in the mud components, particularly the barite. The current Cook Inlet permit restricts the amount of mercury in the barite to 1 milligram/kilo- gram (mg/kg) and cadmium to 3 mg/kg. The metals found in muds are relatively insoluble in water and have not been shown to be toxic to sensitive aquatic organisms. Components of Generic Mud No. 2 (Cook Inlet/Gulf of Alaska General NPDES Permit) MUD TYPICAL MAXIMUM COMPONENT NATURE PURPOSE CONCENTRATION (Ib1hbl) Bentonite Natural clay Gelling agent (absorbs water to 50 help float away cuttings) Ugnosulfonate Derivative of tree bark (chrome no longer used) Thinning agent 15 Lignite Low-grade coal Thinning agent 10 Caustic Caustic soda (lye, or sodium hydroxide) pH control 5 Lime Calcium hydroxide or calcium carbonate (lime) pH control 2 Barite Natural mineral (barium sulfate is weighting agent used to control injested for some medical x-rays) underground pressures 575 Drilled Solids Rods and soil cuttings from drill bit Removed from mud 100 Soda AshiSoda Bicarbonate Natural mineral (sodium bicarbonate is baking soda) PH control 2 Cellulose Polymer Derived from vegetable matter Thickening agent 5 Seawater or Freshwater Natural water Base of mud (75% to 85% by volume) As needed AQUA i ecnrncar Fact sneer No. 9a. 4 August 1993 Produced water is a natural by-product of oil production Oil and gas are found deep underground in Porous sediments such as sand that have layers of impermeable rock above and below them. An oil or gas reservoir normally contains varying amounts of a salty water that must be removed before the oil or gas can be used. This water is known as "produced water" because it is produced from the wells. It is sometimes called "oil field brine" because it is salty like seawater. The schematic below illustrates the typical process for separating produced water from oil and gas in Cook inlet operations. Following separation, the water is further processed to reduce the presence of oil. Produced water from Cook Inlet platforms is treated prior to discharge Cook Inlet is currently home to 11 operating oil production platforms and one gas platform (opera - AWA Technical Fact Sheet No. 93-5 August 1993 lions have been temporarily suspended on three other oil platforms). The produced water from these facilities, which totals roughly 132,000 barrels per day, is treated either on the platforms (four platforms) or sent to shore with the oil for processing at three onshore separation facilities (Trading Bay, Granite Point, and East Foreland). See AOGA Technical Fact Sheet No. 93-2 for more information on Cook Inlet oil and gas facilities. Small amounts of certain additives are used in the oil/produced water separation process Some of the chemicals in produced water come from the underground formation. These include salts like those in seawater, some metals, and a variety of organic chemicals from the oil. However, in many respects, the produced water from oil and gas opera- tions in Cook Inlet is like the seawater in the inlet. Certain chemicals may be added to the separa- tion process to improve the efficiency of the oil recovery. Additives aTW used for such purposes as controlling corrosion, inhibiting scale formation in Schematic Showing O/UGAslWater Stream for a Typical Cook Inlet Oil Platform Gas Used on Platform 011/bvater Mixture for Artificial Lift Initial Separation Transported to Separation and Crude Oil and for Fuel Onboard Platform' Shore Via Treatment at Onshore to Sales Subsea Pipeline Separation Facility' Production Well Oil/Gas/Water —_Oil/Gas/Water from Reservoir .. from Reservoir u Treatment of Produced Water to Meet Permit Restrictions on Oil Content (48 mg/l monthly average; 72 mg/I daily maximum) Clean Produced Water Discharged in Water Depth Greater than 35 Feet 'NOTE: Several platforms perform all treatment onboard and directly discharge their produced water A1.-Ls ^.I - - - - ---- __ 1. I & I W V . r-H um a Lane, Ouse zu i, Anchorage, AK 99503-2035. (907) 272-1481, Fax 279-8114 Produced Water. What Is It, and What Happens to It? piping and tankage, breaking down emulsions, and killing bacteria that create deadly hydrogen sulfide gas. Some of these chemicals dissolve in the oil and stay with it, while others remain with the produced water and are discharged in small quantities with it. Any chemicals remaining after discharge are quickly diluted in the turbulent waters of Cook Inlet. From a biological standpoint, the only additives of concern are biocides, which are chemicals added to the oil/water/gas separation process to inhibit the growth of hydrogen -sulfide -producing bacteria. In spite of their ominous -sounding name, these chemi- cals are in fact similar to antiseptics used in human medicine and target the bacteria in treatment sys- tems. Furthermore, the biocides are mostly consumed in treatment systems, and the concentrations in produced waters at the discharge point are extremely low (parts per billion or less). The EPA regulates the discharge of produced water A permit from the U.S. Environmental Protection Agency regulates all discharges from oil and gas facilities in Cook Inlet (see AOGA Fact Sheet 93-3). This permit limits the amount of oil in produced water to 48 milligrams/liter (mg/I) on a monthly average and 72 mg/l as a daily maximum. The restrictions in this permit are based on the maintenance of State of Alaska and federal water quality standards for the protection of aquatic life. The produced water dis- charge locations for Cook Inlet facilities are in water depths greater than 35 feet, thus ensuring that the discharges are greatly diluted. (The EPA permit does not take into account evaporation, degradation, and other natural processes which tend to eliminate many of the toxic components of oil from the water.) The table below summarizes the characteristics of Cook Inlet produced water. The proof of the claim that Cook Inlet produced water is not harmful to marine life is shown in the fact that the produced water is either slightly toxic or practically non -toxic — even before it is diluted in the inlet (see AOGA Fact Sheet 93-1). For more information Dr. Jerry Neff of Arthur D. Little, Inc. has pre- pared a report for AOGA that details the technical information summarized in this fact sheet. Contact Marilyn Crockett at (947) 272-1481 for more informa- tion on the report. Summary of Important Characteristics of Cook Inlet Produced Water LEVEL IN COOK INLET PARAMETER PRODUCED WATER EXPLANATION Salinity 5 to 34 parts per thousand The salinity of Cook Inlet seawater is about 27 ppt near the (Ppt)' platforms. Thus, the produced water mixes well with the inlet water. Ammonia 2 tol4 parts per million (ppm)' Ammonia does not persist in water since it evaporates quickly. It is also a source of nutrients for marine plants. Oil and Grease 1.3 to 73.3 ppm' The most abundant types of hydrocarbons are benzene, toluene, and xylene (BTX). While these hydrocarbons are toxic, they are present in very low concentrations that are quickly diluted in the inlet. They also quickly evaporate from the water column and do not accumulate in sediments. Zinc 0.04 to 3.69 ppm' The zinc in Cook Inlet produced water is in a form that does not harm marine life. The zinc generally sticks to particles of suspended sediment which are eventually flushed out of the inlet into the Gulf of Alaska. (Other metals were not measured.) Acute Toxicity 9,000 to 637,000 ppm' Toxicity values between 1,000 and 10,000 ppm are considered slightly toxic to marine organisms (the higher the value, the lower the toxicity). Values over 10.000 are classified as practically non -toxic. (See AOGA Fact Sheet 93-1.) Radioactivity Not detectable to 9.7 Produced water can contain very low levels of the naturally picoCuries per liter (pCO)" radioactive element radium derived from the underground formation. The background level in seawater is typically 1.0 pCin, while the standard for occupational exposure to radium in water ranges from 100 to 300 pCO. Cook Inlet Discharge Monitoring Study: Produced Water. Prepared for the Cook Inlet Operators and the U.S. EPA, Region 10, by Envirosphere Co., Bellevue, WA, 1989. These values are from several samples taken by Cook Inlet operators in 1991. AOGA Technical Fact Sheet No. 93-5 August 1993 The EPA strictly regulates all discharges from Cook Inlet platforms The various processes involved in the produc- tion of oil and gas from offshore platforms such as those in Alaska's Cook Inlet result in the need to make certain discharges to the water. These dis- charges fall into three general classes: drilling muds and cuttings, produced water, and miscellaneous. This fact sheet describes miscellaneous discharges (AOGA Fact Sheets 93-4 and 93-5 discuss muds/ cuttings and produced water, respectively). The Cook Inlet platforms are regulated by a U.S. Environmental Protection Agency permit that sets strict limits on the discharges the platforms can make to the inlet (see AOGA Fact Sheet 93-3). The EPA issued this permit under the National Pollutant Discharge Elimination System. The primary component of these discharges is water. While some may contain various treatment chemicals, the amounts used are small, and their concentrations in the discharges are low. These substances include corrosion inhibitors, solvents, cleaners, and biocides (to control the growth of bacteria). The primary limitation on these discharges in the EPA Cook Inlet permit is a ban on the presence of oil which causes a sheen on the water. The table on the back of this fact sheet identities all of the miscellaneous discharges. The more com- mon ones are discussed below. Deck drainage Offshore oil and gas platforms are steel struc- tures built of girders and deck plates. In order to prevent the discharge of an accidental oil spill into the water, these platforms have deck drainage systems. Besides this pollution -prevention function, these systems also collect the rainwater and snowmelt which runs off the deck and the various structures on the platform. All of the Cook Inlet platforms treat this water in an oil -water separator before discharge (in some cases, deck drainage is treated along with the produced water, while in others the platform has a separate system). The reason for treatment is that deck drainage might contain small amounts of oil and grease from equipment drips and leaks, in addition to other chemicals such as cleaners. Technical Fact Sheet No. 93-6 August 1993 Sanitary and domestic waste Since personnel live and work on the platforms, sewage treatment plants are used to handle sanitary wastes (from toilets), and systems are in place to handle domestic wastes (from showers, sinks, kitchens, and laundries). The sanitary waste is treated with chlorine before discharge, and the permit re- quires a certain amount of residual chlorine in the discharge to ensure disinfection. in addition, the permit regulates the biological oxygen demand and the amount of suspended solids in the discharge (these variables are measures of the efficiency of the treatment process). With respect to the discharge of sanitary waste from platforms, the standards in the Cook Inlet permit are more restrictive than those required for the Pt. Woronzof sewage treatment plant for the Municipality of Anchorage. The Municipality's plant discharges into upper Cook Inlet near Fire Island. DOsWinstion un&wastes, mnWflooding wastes, and non -contact cooling water Some Cook Inlet platforms use seawater to make their own domestic water supply; the brine from this process is discharged back to the inlet. In addi- tion, some inject Cook Inlet water into the oil reservoir to help recover more oil (waterflooding). Excess waterflood water is discharged to the inlet. Non - contact cooling water is water drawn from the inlet and used to cool equipment onboard the platform. This water flows through cooling pipes and is then discharged back to the inlet. These three large -volume discharges of water occur daily from the Cook Inlet platforms. Some of the platforms use small amounts of additives to control corrosion and bacterial growth and to remove solids. Well treatment, completion, and workover fluids Operators use many techniques to ensure that the wells they drill produce the maximum amount of oil and gas. They treat wells with various fluids, and use other special fluids to complete wells and to redrill them. These fluids are used infrequently. Well treatment fluids improve or restore the Alaska Oil and Gas Association, 121 W. Fireweed Lane, Suite 207, Anchorage, AK 99503-2035, (907) 272-1481, Fax 279-8114 Miscellaneous Discharges in Cook Inlet: What Are They? productivity of a producing well. These fluids normally consist of acids and may contain corrosion inhibitors, solvents, gels, and other additives. Usually, the volume of such fluids used in a given well ranges from 400 to 4,000 gallons. When a well is being "completed" in the under- ground formation that contains oil or gas, completion fluids are used in place of standard drilling muds. Workover fluids are used when an existing well is being serviced or modified by a drilling ng. Comple- tion and workover fluids are primarily concentrated brines, or salty water (some contain polymers). In the case of the Cook Inlet platforms, Cook Inlet seawater is generally used. Operators handle well treatment and workover/ completion fluids in the production oiVwater/gas stream, where they go through the separation and treatment facilities that remove produced water and prepare it for discharge. Any oil -soluble treatment or workover/completion fluids that are in the production stream end up with the oil. Other miscellaneous discharges The EPA permit lists several other discharges that are allowed as long as they do not produce an oil sheen on the water. These discharges include blowout preventer fluid, boiler blowdown, fire control system test water, uncontaminated ballast water and bilge water, excess cement slung, produced solids (few, if any, are discharged), and mud, cuttings, and cement at the sea floor. For further information Other AOGA fact sheets are available on discharges from Cook Inlet oil and gas platforms. Contact Marilyn Crockett at (907) 274-1481. Miscellaneous Discharges Authorized in Cook Inlet Discharge Permit (Other Than Produced Water and Drilling Muds and Cuttinas) DISCHARGE DESCRIPTION Deck Drainage Rainwater and snowmelt runoff from platform. Sanitary Wastes and Domestic Sewage and water from sinks, showers, and laundry. Desalination Unit Waste Brine left over when seawater is treated for use as domestic water. Blowout Preventer Fluid Liquid used to actuate hydraulic equipment on the blowout preventer used when a well is being drflled. Boiler Blowdown Water and minerals from boilers. Fire Control System Test Water Water used to test the platform's fire suppression system. Non -Contact Cooling Water Water used to cool platform equipment; it runs through pipes and does not contact whatever it is being used to cool. UnconWater laminated Ballast Seawater used for ballast in a drilling vessel. Uncontaminated Bilge Water Water which collects in the lower internal parts of a drilling vessel hull. Excess Cement Slurry The excess cement and wastes from equipment washdown after a well is cemented. Mud. Cuttings, and Drilling muds, drill cuttings, and excess cement from a well -drilling Cement at Sea Floor operation are sometimes discharged at the sea floor rather than from the platform. Waterflooding Discharges Treated seawater is injected into the oil reservoir to help recover more oil; excess water is discharged. Completion and Workover Fluids (primarily brine) used in place of drilling muds when a well is Fluids being completed or redrilled. Well Treatment Fluids Fluids (usually acids) injected into a well to restore or improve the well's productivity. Test Fluids Hydrocarbons located during exploratory drilling and tested for formation pressure and content. Produced Solids Sand and other solids deposited from produced water and collecting in vessels and lines. AOGA Technical Fact Sheet 93-6 August 1993 Questions & Answers About Offshore Discharges in Cook Inlet Typical petroleum production and treatment facilities have discharges which generally fall into three categories: produced water, drilling muds and cuttings, and other discharges such as platform deck drainage, treated sewage, and cooling water. By far the largest -volume discharge is produced water. Produced water is salty water that naturally occurs in underground formation that yield oil and gas. This water must be removed before the oil and gas can be used The produced water from Cook Inlet platforms has roughly the same saltiness as inlet water itself. Drilling muds are used when wells are drilled. They serve to lubricate the drilling bit and control the well. The primary ingredients of drilling muds are water, bentonite clay, barite, and lignosulfonates—all of which are either inert or have very low toxicities. Cuttings are simply rock fragments from drill holes. All platform discharges must meet stringent standards, and in order to do so, some must be treated. Produced water and other miscellaneous discharges are treated to minimize the oil content as required by the EPA permit The discharge from the sewage treatment plants on the platforms must meet EPA standards that are more restrictive than those required of the Municipality of Anchorage's sewage plant. On the other hand, drilling muds are not treated because each one proposed for use is first assessed by the EPA to ensure that it meets standards for low toxicity. Only those drilling muds which demonstrate low toxicity are approved for use. Muds are also tested before discharge to ensure that they contain no free oil. These discharges are monitored to ensure that water quality is not harmed. EPA's Cook Inlet permit is based on protecting aquatic life. The EPA and the State of Alaska agree that the Cook Inlet discharges are not toxic, as long as the standards of the EPA permit are met The permit itself is designed to protect aquatic life. The permit requires that the EPA approve each muds, mud formulation used in Cook Inlet operations. produced And the industry is making every effort to use materials that have very tow toxicities. In the past, water. and drilling muds sometimes contained diesel fuel and other other additives which made them relatively toxic. discharges However, over the past decade, the industry has developed new muds that are far less toxic than toxic? the old ones. Many of the drilling muds now in use are completely non -toxic. A recent survey of 39 mud systems used in Cook Inlet from 1986 to 1990 found that more than 40% of the muds had no toxicity. Drilling muds used today are made up of primarily natural materials including water (the main ingredient in most muds), bentonite clay, barite, and even some food additives. Bentonite clay is used in many cosmetics, while barite is the same material patients ingest for certain medical x-ray procedures. The food additive guar gum, which is used in drilling muds as a thickener, is also found in ice cream and salad dressing. Other, more toxic additives are sometimes used in drilling muds for such purposes as corrosion control. However, only small amounts are used so that permit restrictions on toxicity are met. The other discharges from the facilities — produced water, deck drainage, sewage, etc. — must also meet EPA permit restrictions. These discharges are treated and monitored to ensure that water quality is not harmed. No EPA's Cook Inlet Pennit IS designed to ensure that discharges meet State of Alaska and federal water quality standards, which are based on protecting aquatic life. Discharges from offshore platforms have been tested in both EPA and independent laboratories. Special emphasis was placed on produced water because it is a major discharge. Based on this research, EPA developed permit requirements that would prevent toxic discharges into Cook Inlet Some discharges cannot be reduced -- for instance, produced water or deck drainage. The produced water comes to the surface with the oil, and the amount of water usually increases as a field ages. Since deck drainage is caused in part by rain, operators have little control over it. However, drilling muds can be and are reused many times before they are discharged. Facts About Cook Inlet Offshore Discharges Alaska's Cook Inlet has been home to the oil and gas industry since oil was discovered there in the 1960's. Recently, people have become concerned about potential impacts of the industry on the environment, so this is an attempt to provide accurate information regarding industry operations and the materials they discharge into the inlet. Fifteen oif and gas production platforms and three onshore treatment facilities are OILAND located in the Cook Inlet region. Two of GAS these platforms have suspended • • operation because they were not profitable. The remaining active IN COOK platforms produce nearly 40,000 barrels INLET of crude oil per day. The platforms and the many service businesses which support them contribute to the economy of the Kenai Peninsula and the State of Alaska Some materials from the operation of these facilities are discharged into the inlet. The flow diagram shows the main components of these discharges, which must meet the stringent requirements of a U.S. Environmental Protection Agency (EPA) permit. This permit is designed to ensure that State of Alaska and federal water quality standards are met and the environment remains healthy The State of Alaska and the EPA agree the current peirnit meets these goals While two of the platforms have suspended operations. Cook Inlet opeialors want to continue producing oil cost-effectively and at the same time ensure the environment is protected Current methods of handling discharges allow operators to achieve these goals. Drilling Rig Onboard Processing Outboard Sewage ON/Wnter Mud ._ Plant Separator _ Plant me" hares cuttings Dock Drelrwae and Treated otter Mise.11—tis nomewic Disaherg.e want. Produced Water OUtwal saey water that Wtaoea .eth the o; treated ornhor. or " piattorar prior to ascharger t sgo lrog IV- n t am - aeraL awm re. t. Am" - MCA reas rsran.s t autaiF rate - gav 1 Walkwa - Ittaa I rag. - Mwttn t MONACO -LNWJL Irag Sahoa - U101 t \♦ • Gurus-w'x e I .. att9lar - Iroama a pour rums- UNOM it SAM-taaar a son A' VIRL M SMe,V WILL a aria uorx ra.u.... • elaMaera � eeratwa r w asrrus rear roaeaw Cook Inlet has a total of 15 platforms ranging from 1.5 to 7.5 miles offshore. These platforms discharge certain materials to Cook Inlet under a U.S. Environmental Protection Agency permit. Most of these discharges consist of produced water and drilling muds and cuttings. OUIN 01 INA r4re"AL I I us, L Alt a RA1%` JNLET R TREATED SANITARY DISCHARGE 200 m Egli 140 a� 120 100 c� 80 60 FR Nol 0 COOK INLET PERMIT EXAMPLES UNOCAL ANCHORAGE SHIPS COOK INLET NATURAL LEVEL �yt tS a ME' �w��µµ+ ,� so-wAmy � • � n a Ir y4tx, . �t>` r+ * r-s,'�-� ����`•'- c x� � a� a � � r •� + T i '^% '�-. + w • °fir r a ,� � .�'� yFb a � _ 'vgy i-w �µ � — F� � +YM � �' - `` r'tl� �4+'i• `-. +Y4µ4 1 . - Y ' WAS R^ - r� �'� • r- � � '2s 0 MEMORANDUM Date: February 22, 1995 To: Thomas J. Manninen, City Manager From: Rachel Clark, Engineering Technician Subject: Safety Program Update I would like to keep you updated on the Safety Program and would suggest bi-monthly memos - if you agree. dui t tom Completed: First Draft - City Safety Plan First Review - City Safety Plan Second Draft - City Safety Plan Voluntary Inspection In Progress SC - Ensure ICM have been implemented SC - Make OSHA recommended changes to City Safety Plan SC - Revise PPE Standard for new Respiratory regulation SC - Review Regulations for Safety Plan Compliance SC - Ensure all violations have been corrected SC - Write site -specific plan guidance Supr - Write site -specific plans Supr - Develop equipment training program SC - Develop employee training database SC - Develop annual inspection checklists SC - Write procedures for Inspections Future SC - Request personnel for Safety Committee, plan Committee agenda SC - Request extension from OSHA for site -specific plans CM - Formally adopt City Safety Plan SC - Order training videos SC - Hire/coordinate trainer for programs - who/date/time/books Com - Hazard Communication Program Com - Confined Space asap March 15 March 30 March 30 April 15 May 15 June 30 June 30 July 1 July 1 July 1 Com - Lockout/Tagout Other I have also attached course materials for two classes in Anchorage. One is the Governor's Safety and Health Conference on March 29,30 and 31, and the other is an OSHA Compliance Update course on April 17. Charlie has generously offered to donate a refund he received of $139.00 from the company who is putting on the Compliance course, as it would expire 5 days after the class. This would mean only $20.00 in tuition costs an $50.00 (plane ticket) + $20.00 (cab fare) in transportation costs. Would you like me to attend either one of these classes? tj ��, &4.,t, to c. W! P-- 'I P vw , 6" r i � l�j OSft 4- l 3(-Lk -31 Division of P �=vsr._.. i �`_�► tee-- �rs��r na Lim 1111111�.A - Y� 1�Mu M AMERICAN WNAGEMEM ASSOa1I7ON PRESENTS E Satisfaction Guaranteed A One -Day Seminar Coming To You In 1995: Anchorage, AK Apr 17 Grand Junction, CO Apr 3 Sheraton Anchorage Holiday Inn Billings, MT Apr 11 Kennewick, WA Apr 20 Sheraton Billings Cavanaughs At Columbia Center Boise, ID Apr 13 Portland, OR Apr 21 Holiday Inn Boise Travelodge Hotel Colorado Springs, CO Apr 6 Salt bake City, UT Apr 10 Le Baron Hotel Quality Inn Airport Denver, CO Apr 4 Seattle, WA Apr 18 Radisson Hotel Downtown (Renton, WA) Eugene, OR Apr 19 Holiday Inn Renton Eugene Hilton Spokane, WA Apr 12 Fort Collins, CO Apr 5 Ramada Inn Holiday Inn University Park How Would You Feel If An OSHA Inspector Was Waiting Outside Your Office Right Now? Probably pretty nervous, because when an Occupational Safety And Health Administration (OSHA) inspector shows up, it's kind of like being_ pulled over by the police. i'ou automatically feel guilty. But you haven't broken any rules ... or have you? OSHA seems to be changing the rules so often it can be hard to keep up. When it comes to complying with OSHA, you can't afford to miss a single new regulation. Espe- cially when the price you pay could be up to $70,000 for each violation. The sudden increase in the number of multi -million dollar fines shows that strict enforcement and harsh penalties are becoming the norm with OSHA inspectors Lave ... and judges. The last thing you want to do is to break the news to your 7 had trou boss that your company's being changing re fined thousands — perhaps guidelines? millions — of dollars because ht e you didn't keep up with the caug changes in OSHA. risks on the But how can you get up -to- been date FAST on the latest new law? changes in OSHA regulations worrie that your company is required to follow? OSHA sP Attend this seminar and, in If you ans just six information -packed Questions hours, you'll learn how to avoid the skills violations that could cost your complyi company BIG bucks ... and laws. Ca maybe even put an end to your and regi career. And, you'll have the unique opportunity to ask ques- tions about both old and new regulations. So you can double- check your compliance methods and make sure you're on solid legal ground. After the session, you'll go back to work with a complete understanding of the latest OSHA regulations. Plus, you'll know how to streamline OSHA record -keeping responsibilities and discover and eliminate new worksite hazards. Ur As soon as an OSHA guideline passes into law ... an OSHA court battle is decided ... or an OSHA standard is updated, our experts move into action. They dissect and study the legal aspects of worksite safety that affect businesspeople like you. But that's not all. Once these trained professionals have all the details of a new or changed OSHA law, they start working on the most practical, cost-effective ways for you to comply. They spend countless hours developing and testing strategies that'll make your job easier ... and your company less prone to a you Ever • • • back -breaking fine. Discover how to put this expert insight to work ble keeping up with all the for you. You'll learn what gulations, standards and OSHA inspectors are looking for now ... how tnpjoyees taking unnecessary the judges are leaning . and what you can job? 1 with a expect to hear from of how to comply OSHA in the futur Come to this you were meeting the latest seminar and zero in on d if y the issues you're most ecifications? concerned about right to even one of these wered "yeS now. This program is , attend this seminar and gain constantly updated so you need to feel confident about you don't have to ng with even the newest OSHA worry about listening FREE 1-800-821-3919 to the same tired 11 TOLL OSHA lecture you've ter today heard in other seminars. Hear The Latest On OSHA Regulations The members of Keye Productivity Center's first- rate program development team have been studying OSHA for years — so you don't have to. Training That's Guaranteed This seminar is great for busy managers — like you — who want to comply with new OSHA regulations without wasting a lot of time and energy. And, even if you only use one strategy that saves you from a fine or an employee from an injury, this seminar will more than pay for itself. Plus, we guarantee that you'll be satisfied with this valuable update on OSHA compliance training or we'll refund your entire registration fee. No ques Lions or hassles. So call TOLL FREE 1-800-821 ) today and register. You'll be glad you did. 2 What You Can Expect To Learn. Improve Company Compliance Levels • How to set up surprise self -inspections so you're always ready for an OSHA inspector to walk through the door • The fastest wav to eliminate backsliding and get employees to keep complying with new safety policies • How to pinpoint whether a hazard is caused by employee behavior ... or work conditions • The new gray areas in OSHA regs that often trip up managers ... and how you can avoid these costly pitfalls • 2 times where you don't have to worry about the Lockout/Tagout Standard • How the growing number of women in the workforce has affected OSHA standards Confidently Meet OSHA Standards An updated OSHA compliance checklist that can alert you to new dangers ... before an inspector starts searching • Common employee shortcuts that could land you in legal hot water ... and how to stop them right now • Steps that'll help you show "good faith" to an inspector ... and sidestep a "willful" violation • The #1 OSHA violation ... and how to make sure your company doesn't get nailed for it • The new OSHA regulations that require you to develop special employee training sessions • What every manager should know about employees' legal rights vs. the company's responsibility to OSHA • What routes you can take to challenge a citation you feel is unfair • A good rule of thumb for telling how much em- ployee training is needed to fulfill your legal obliga- tions to OSHA Easily Handle OSHA Record - Keeping Responsibilities • 7 times you can count on finding_ an OSHA inspector on your doorstep • Valuable tips on what you should — and shouldn't — say to an OSHA inspector • New records you can't afford to be caught with- out ... and how long you need to keep them on file • What specific facts an OSHA inspector wants to see in accident and injury reports • How to streamline your latest record -keeping responsibilities so you can find what you need in seconds • Where an OSHA inspector's power ends ... and your company's rights begin Expertly Troubleshoot Worksite Hazards • How to determine which type of hazard preven- tion and control system is best for the risks you face today • How to tell if your Hazard Communication program has kept up with the times • How to make machine guarding a top priority — before, during and after purchasing new equip- ment • How to design emergency action plans that could significantly reduce your company's legal liability • Surprising conditions that make protective clothing a risk to some workers • How the Confined Space Entry Standard is sneaking up on many managers • A checklist that'll help you build a first-rate Job Hazard Analysis system The seminar starts precisely at 8:45 a.m. and finishes at 4 p.m. on the dot. To register, call TOLL FREE 1-800-821-3919 or calk our regular number (913) 345-2140 3 Call Toll Free 1.-800.-821.-3919 For Instant Reservations or call our regular number (913) 345-2140 Don't Take A Chance ... You've already spent a lot of your time — and company money — trying to keep in line with OSHA requirements. The last thing you want is to have your company get hit with a hefty fine because you missed out on a new regulation. Come to this seminar and make sure you have all your bases covered with the latest OSHA standards, regulations and guidelines. Call 1-800-821-3919 today and register. C 1993 Keve Productivity Center YES! I want to register for Today's OSHA: A Compliance Update seminar. ❑ I've already called TOLL FREE 1-800-821-3919 to register. Are you a member of the American Management Association? Please mention it when registering. NAME (Please type or print) TITLE NAME OF BUS./ORG. BUSINESS ADDRESS CITY. 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Substantial savings for a group when the seminar is held exclusively for vour company! Cancellation Policy: Registration fee less a $30 service charge per person wiil be refunded if cancellation is made more than one weer in advance. if less than a week prior to the seminar. a -credit certificate" will be issued, upon request, redeemable as registration fee for any Keye Producaw" Center seminar of equal price or as partial registration fee on any higher -pried seminar. If the scheduled presenter is not available due to unforeseen circumstances, we reserve the right to schedule another presenter of equai ability and expertise. We accept registrations irrespective of age, race. sex. creed. national origin, disability, veteran status, or anv otner reason. This includes, but is not limited to, admission to seminars. member- ships, employment or educational services. Tuition: S 159 per person Please check appropriate city and date: Anchorage, AK Apr 17 KOA5079 11 Sheraton Anchorage Billings, MT Apr 11 KOA5072 Sheraton Billings Boise, ID Apr 13 KOA5074 Holiday Inn Boise Colorado Springs, CO Apr 6 KOA5064 Le Baron Hotel Denver, CO Apr 4 KOA5067 Radisson Hotel Downtown Eugene, OR Apr 19 KOA5075 - Eugene Hilton Fort Collins, CO Apr 5 KOA5066 Holiday Inn University Park Grand ]unction, CO Apr 3 KOA5070 Holiday Inn Kennewick, WA Apr 20 KOA5077 Cavanaughs At Columbia Center Portland, OR Apr 21 KOA5076 El Travelodge Hotel Salt Lake City, UT Apr 10 KOA5071 Quality Inn Airport Seattle, WA Apr 18 KOA5078 ❑ (Renton, WA) Holiday Inn Renton Spokane, WA Apr 12 KOA5073 ❑ Ramada Inn ¥ @ 0 @ o ' 9 c-m> �■¥ m .. z m 3 G w n I m 2 r z r o = z D � L :> .. N r _ n z - o-n m n n / x o $ r = A » c 0 0 o c - r # o m F- :zm o m f 2� G- 7 � } r � � ■ n / j k :z r7i n k � � r � % o n m Ln . _ - c w M m e f!!!; $ $ 2 M 0 $ }$!,} 0 o o & _ _ 0 n�.EE m J%- E E CDC, > $ - 3 \ 7 § m / \ \ M k t0 « /ƒ\\ BO0 Ea3 § 2 7 m c. § ¢ c a ' § ■ E 0 a o 2 k A \ 2 m 2 -7 ) ] \ _ /�§ m a CD ® Ek�ƒ CD f / k o \ m ¢CD \(j a CL$ E W 3 ? - CDg ■ _ y 0 �C FIFTEENTH ANNUAL GOVERNOR'S SAFETY AND HEALTH CONFERENCE Sponsored by Alaska Safety Advisory Council March 29, 30, 31, 1995 Sheraton Anchorage Hotel, Anchorage, Alaska ?arty ys Eo9eEtier a Xaerse 6r014P 06 reople VAO share a common 9041: PrOXIOUMIY 546ei f, Aealfh 4H� 10ellHe55 IH Me ltaes O6 all ,A145k4W. - AWARDS - The Alaska Safety Advisory Council is soliciting nominations for special recognition at the conference. Nominations will be accepted for the following categories: ♦ Governor's Safety Award of Excellence ♦ Outstanding Achievement Award ♦ Safety Professional of the Year ♦ Special Recognition Award ♦ Governor's Safety Media Award ♦ Community Service Award ♦ William "Tinker" Childress Memorial Award ♦ Companies/Organizations with 1,000,000 Manhours with no Lost Time Accidents Nominations may be made by any interested party. Nomination forms can be obtained by calling (907) 269-4916. If you are uncertain as to category, an awards committee will determine which category best suits your nor- `-ee. Nominations must be received by February 20,1995. - EXHIBITS - Over 50 vendor exhibits will be on location showcasing the latest in workplace safety products, rescue equipment, ereonomic innovations, etc. With this manv Pxhihitc nn_ci+n vn„'il A -A +h;c +i— 1995 GOVERNOR'S SAFETY G HEALTH CONFERENCE AGENDA 7:00- 9:00 am 10:30-11:30 am 1 1:30- Noon Noon- 1:00 pm 1:00- 2:00 pm 2:00- 2:30 pm 2:30- 3:30 pm 3:30- 4:00 pm 4:00- 5:00 pm Registration — Exhibits open Opening Ceremonies History of Safety - Al Grant. Elmendorf AFB "A Framework for Change" presented by Gordon Graham. Gordon Graham & Company Break — Exhibits Lunch "Safety Plus" presented by Gordon Graham. Gordon Graham & Company Break — Exhibits Continuation of "Safety Plus" Break — Exhibits Continuation of "Safety Plus" Schedule HEALTH TRACK (Ballroom A) 8:00- 9:30 am Toxicology for Safety & Health Professionals Martin Finkel, CIH.CMC,CHCM, Environmental Safety & Health of Alaska 9:30-10:00 am Break — Exhibits 10:00-11:30 am Improvements in Alaska Worker Safety: Programs that Work Jan Manwaring, NIOSH; CDR. Scot W. Tiernan, U.S. Coast Guard; Jeff Smith,MS. U.S. Public Health Svc. 11:30- 1:00 pm Lunch 1:00- 2:00 pm Violence in the Workplace: an Emerging Problem John Pagan, Human Concerns, Inc.; Gary Bledsoe, H&SS Epidemiology 2:00- 2:30 pm 2:30- 3:30 pm .s:sU- 4:W pm 4:00- 5:00 pm I 1= Break — Exhibits SAFETY TRACK (Ballroom B) Education and Ergonomics in the Prevention of CTD's Liz Dowler.OTR/L, CRC. Situs Education and Ergonomics in the Prevention of CTD's (cont.) Liz Dowler,OTR/L, CRC. Situs Bonding & Grounding Part I Ted Krossa, Brian Morgan, TransAlta Utilities The Nature of Stress in Bondine & the Workplace GroundingPart II Steve Montooth,MRC, Ted Krossa, LMFT, Brian Morgan, Alaska Counseling TransAlta Utilities Services Break — Exhibits Mediating Workplace Conflict: A Safer Alternative Kathy Anderson, The Arbitration Group Bondine & Grounding Part III Ted Krossa, Brian Morgan, TransAlta Utilities WELLNESS TRACK I SPECIALTY I The Role of Wellness in Safety Donna Pri2more, Health Promotion Services The Wellness Paradigm Disease Thinking vs Wellness Thinking Donna Prigmore, Health Promotion Services Humor in the Work Place Teresa Sappier, M.A., Trainer/Facilitator Heart Disease & Stroke - A Preventive Approach William Maver, M.D., EA.C.C. Breathing & Relaxation Techniques Mary Alice Winchell, Inner Systems Marine/Cold Weather Survival Jerry Dzugan. AMSEA Marine/Cold Weather Survival (cont.) Jerry Dzugan. AMSEA Safety System vs. Safety Program Philip Ulmer. P.E., Northwest Safety Management Inc. Safety System vs. Safety Program (cont.) Philip Ulmer, P.E., Northwest Safety Management Inc. Overview of an Industrial Ergonomics Program Mike Taylor, BP Exploration SPECIALTY II (Boardroom 311) Instructional Tech- niques for Safety Training Donovan Jackson, CSP, CHMM, CET, REM. Alaska Petroleum Contractors Instructional Tech- niques for Safety Training (cont.) Donovan Jackson, CSP, CHMM, CET, REM, Alaska Petroleum Contractors Overview of Industrial Hygiene Instrumenta- tion Karl Kuntz, ARCO Alaska Federal Drug Testing Regulations Matthew Fagnani, Allvest Laboratories Inc. Federal Drug Testing Regulations (cont.) Matthew Fagnani, Allvest Laboratories Inc. 1 7:30 Awards Banquet -SITE TECHNICAL OFF -SITE TECHNICAL OFF -SITE TECHNICAL IOFF SESSION I SESSION II I SESSION III 1:00 P.M. Transportation to warehouse 1:15- 2:45 pm Safe Rigging Applications Fall Protection Forklift Safetv Mike Parnell. Walter Want, Bob Strother, Wire Rope &Rigging Consultants Norwest Marketing, Inc. UAA Mining & Petroleum Training Service 2:45- 3:00 pm Break 3:00- 4:45 pm Safe Rigging Applications (cont.) ` Fall Protection (cons.) I Forklift Safety (cont.) 4:45- 5:00 pm Return to Sheraton 6:30 No Host Cocktails 7:30 Awards Banquet Schedule HEALTH TRACK SAFETY TRACK WELLNESS TRACK SPECIALTY I SPECIALTY II (Ballroom A) (Ballroom B) (Ballroom C) (Boardroom 308) (Boardroom 311) 8:00- 9:45 am State OSH Standards & Cylinder & Gas The Wellness Move - Comprehensive Back Fire Extinguisher Regulations Update Apparatus Safety Exercise Facts & Myths Injury Inspection & Servicing Certification Jeff Carpenter, CIH. Ed Hamal, Chris Ross, State of Alaska, OSH Cisco Safety, Inc. Kelli Morton, M.S., NANA/Marriott State Fire Marshal's Vital Capacity Office 9:45-10:00 am Break 10:00- Noon CO Poisoning: New Fire Extinguisher Recognition of an Old Cylinder & Gas Healthy Backs Electrical Safety Certification Problem Apparatus Safety (coat.) (cons.) Dr. John Schlife, Mike Schowen, George Stewart, M.D., Exercise Physiologist Chugach Electric State Fire Marshal's Internal Medicine Ed Hamal, Office Associates Cisco Safety, Inc. Noon - 1:00 pm Lunch FOLLOWING SESSIONS IN GRAND BALLROOM 1:00- 2:45 pm Benchmarking Safety. Health & Wellness Statewide —.Alan Roachell, CSP, Enstar Natural Gas Co. 2:45- 3:00 pm Break 3:00- 4:30 pm Managing Change - John Pagan, Human Concerns, Inc. OFF -SITE OFF -SITE OFF -SITE ON -SITE ON -SITE ON -SITE TECHNICAL TECHNICAL TECHNICAL TECHNICAL TECHNICAL TECHNICAL SESSION I SESSION II SESSION III SESSION A SESSION B SESSION C KUSKOKWIM I KUSKOKWIM II YUKON 8:00 am Transportation to warehouse Sessions begin Review of PPE Agencies CPR 8:15- 9:45 am Safe Rigging Fall Protection Forklift Safety Applications Standard/ Compre- Open House - Certification and Walter Want, Bob Strother. hensive Hazard Refresher Mire Parnell, Norwest Marketing UAA Mining & Assessment System EPA Wire Rope & Inc. Petroleum Training NIOSH Rose Marie Citti, Rigging Consult- Service Andry DEC Respond Systems ants Nowosiwsky, CIH, Alyeska Pipeline Service Company State OSH Federal OSHA USCG FAA 9:45-10:00 am Break 10:00-11:15 am Safe Rigging Fall Protection Forklift Safety PPE (cont.) Agencies CPR (cont.) Applications (cont. (coat.) (cons.) Open House NOTE: These sessions will run to 12:00 before breaking for lunch. Lunch and return to generai session in Grand Ballroom 11:15-11:30 am Return to Sheraton Last Name Name as it should appear on badge REGISTRATION: (please type or print clearly) ALASKA SAFETY ADVISORY COUNCIL PO Box 100139, Anchorage, AK 99510-0139 Phone: 269-4916 FAX: 269-4915 First Agency / Firm Title Middle Initial Mailing Address Street City State Zip Telephone Fax REGISTRATION FEE: .yj (please mark appropriate box)(,(r �' ❑ Early Registration received and paid by 3 / 15 /95: $225 " ❑ Registration after 3 / 15 /95: $275 Money orders, company or personal checks, and purchase order numbers accepted. Payable to: Governor's Safety & Health Conference. Sorry, no credit cards. No refunds or cancellations will be accepted after March 15,1995. NOTE: Banquet seating is limited to 250. Please indicate below if you plan to attend. Banquet is included in your registration fee. Guest tickets are available for $35. ❑ Yes, I will attend the banquet. ❑ I will bring a guest to the banquet. ❑ No, I will not attend the banquet. CEU's (Continuing Education Units) will be available at the conference registration. FEB-22-95 WED 17:05 KPB CLERK FAX N0, 9072628615 Introduced by: Dratlunan, 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) AN ORDINANCE ESTABLISHING THE KENAI RIVER OVERLAY DISTRICT, ESTABLISHING CONDITIONAL USE PERMIT REQUIREMENTS AND SETTING FORTH CONDITIONAL USE PERMIT APPROVAL CRITERIA WHEREAS, the Kenai River System is recognized as a critical natural resource upon which, to a very large degree, the economic well being of the Kenai Peninsula Borough is depended, and which provides recreational and subsistence opportunities which enhance the quality of life to the citizens of the Kenai Peninsula Borough; and WHEREAS, numerous and adequate studies have been completed detailing and inventorying the complexity and scope of the Kenai River ecosystem; and WHEREAS, the aforementioned studies are unanimous in concluding that the health and well being of the river is in grave jeopardy and appropriate tools are presently not available to control the ongoing habitat degradation; and WHEREAS, the Kenai Peninsula Borough is responsible for land use planning within its boundaries; NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH: SECTION 1. That Chapter 21.05 of the Kenai Peninsula Borough Code is enacted to read: 21,05.010. Kenai River Overlay District. A. The Kenai River Overlay District establishes special requirements for the development and use of land adjacent to the Kenai River, tributaries of the Kenai River, Skilak Lake and Kenai Lake. These requirements are designed to mitigate the impacts of human activity on the river while also providing opportunities for development and uses which will not cause erosion, ground or surface water contamination or adverse alteration of fish habitat. Should a conflict between provisions of this section and any other section of the Kenai Peninsula Borough Code or any other code of the cities of Kenai or Soldotna occur, then the more restrictive provision shall apply. Kenai Peninsula Borough, Alaska Ordinance 94-52 Page 1 of 7 FEB-22-95 WED 17:06 KPB CLERK FAX NO. 9072628615 P.02/07 B. The Kenai River Overlay District (KRD) shall apply to all lands that are located between the waterline of the Kenai River and 150 feet therefrom, or from the waterline to the line that defines the 100 year flood plain as shown on the Flood Insurance Rate Maps (F.I.R.M.), whichever is further from the river. C. For the purposes of this chapter, "waterline" is defined as the edge of the Kenai River that, in tidally influenced portions of the river is referred to as the "mean high tide line" and, in portions of the Kenai River that are not tidally influenced as the "ordinary high waterline." D. The KRD is an overlay zone. Where the KRD overlay applies, the underlying zoning district provisions, if any, are neither abandoned nor repealed, but are augmented by the KRD requirements. In case of conflict, this ordinance controls, however, cities may enforce standards more restrictive within their city limits should they choose to do so. E. The mayor, with the consent of the borough assembly, may enter into intergovernmental cooperative agreements with the cities of Kenai and Soldotna and agencies of the state and federal government for the purpose of joint administration and mutual enforcement of this code. 1. The Kenai Peninsula Borough may delegate responsibility by cooperative agreement with the cities of Kenai and Soldotna to hear and decide appeals regarding enforcement of this chapter as applied within the territory of those cities. 2. The borough may assume delegate responsibility by cooperative agreement with agencies of the state and federal government a "one stop" general permitting authority for administration and enforcement of laws affecting land and water uses within the Kenai water district. 3. The intent of this section is to eliminate duplication of personnel enforcing laws and codes applicable to land and river uses; to provide singular accountability for decisions affecting land and river uses and to provide a source of intergovernmental financial assistance to assist the borough in administering and enforcing this code. 21.05.020. Use permit required. A. Except as otherwise permitted in this section, development or use of land within the KRD requires approval and issuance of a use permit by the Kenai Peninsula Borough planning department. B. For the purposes of this section, "development" is defined to mean any alteration of the natural condition of the land or alteration of any existing structure on the land within the KRD. 21.05,030. Classification of areas within the KRD. A. The area between the waterline of the river and 50 feet shall be referred to as the bank area. B. The area from the bank area for a distance of 100 feet or to the line that defines the 100 year flood plain shall be referred to as the protection area. River I Bank Area River I Bank Area I Protection Area ----50'--- 1 --100' or the 100 year flood plain, whichever is further -- Kenai Ponimula Borough, Alaska Ordinance 94-52 Pap 2of7 FEB-22-95 WED 17:07 KPB CLERK FAX NO, 9072628615 P.03/07 21.05.040. Uses within the bank area. A. The primary purpose of the bank area is to protect the river bank and the adjacent fish habitat. The bank area is also to allow the river to function in a dynamic natural state, thus enabling fish and wildlife resources to maintain critical life functions and productivity. Activities which could degrade the integrity of the river bank, the riparian zone, the contiguous wetlands, or the adjacent waterbodies shall not be allowed. B. The prohibited uses within the bank area are the following: 1. commercial logging or clear cutting of vegetation; 2. removal of vegetation, other than minor cutting or trimming; 3. construction of any habitable structure; 4. groins, jetties and bulkheads; S. upland support structures for jetties, groins and bulkheads; 6. industrial, commercial and manufacturing uses or structures; 7. extractive industry, including gravel and peat removal; S. use of persistent herbicides, pesticides or other toxicants; 9. landfills, dumps, junkyards, storage yards or disposal of hazardous wastes; 10. commercial or public storage of materials used for snow and ice control including sand, salt, sand/salt mixtures and/or the dumping of snow from snow removal operations; 11. septic systems, leaching fields, waste water treatment plants; 12. storage or use of persistent herbicides, pesticides or toxicants for other than home or personal garden use; 13. boat launches or ramps; 14. hydropower projects, dams, impoundments, diversion channels, navigation channels, off channel boat harbors and canals; 15. commercial agricultural uses and/or grazing; 16. fuels tanks. C. Uses requiring permit. 1. bank stabilization which is designed to protect shorelines and reduce erosion; 2. ladders, platforms, boardwalks, stairways and walkways designed to protect shorelines, riparian vegetation and reduce erosion; 3. floating docks designed to protect shorelines and reduce erosion; 4. access to sanitary facilities, day use areas, and campsites; 5. effluent holding tanks; 6. directed and/or collected stormwater discharge; 7. roads, bridges, driveways, parking lots and paved areas; 8. storm drains or storm water discharge devices; 9. any excavation. 21.05.050. Uses within protection area. A. The purpose of the protection area is to allow the river to function in a dynamic natural state, thus enabling fish and wildlife resources to maintain critical life functions and productivity. In this area, few activities which could degrade the integrity of the riparian zone, contiguous wetlands, or the adjacent waterbodies should be allowed. Maintenance of a high percentage of vegetation in this area is important. B. The prohibited uses within the protection area are the following: Kenai Peninsula Borough. Alaska Ordinance 94-52 Page 3 of 7 FEB-22-95 WED 17:07 KPB CLERK FAX NO. 9072628615 P.04/07 1. commercial logging or clear cutting of vegetation; 2. landfills, dumps, junkyards, storage yards, and the storage or disposal of hazardous waste. 3, commercial or public storage of materials used for snow and ice control including sand, salt and sand/salt mixtures or the dumping of snow from snow removal operations. 4. extractive industry, including gravel and peat removal; 5. septic systems, leaching fields and waste water treatment plants in the first 100 feet of the protection area; 6. use of persistent herbicides, pesticides or other toxicants; 7. hydropower projects, dams, impoundments, diversion channels, navigation channels, off channel boat harbors and canals; 8. commercial agricultural uses and/or grazing; 9. fuels tanks within the first 100 feet of the protection area if the first 100 feet of the protection area are within the 100 year flood plain. C. Uses requiring permit. 1. bank stabilization which is designed to protect or enhance fishery habitat; 2_ open space non -vehicular uses such as parks, wildlife management, tent camping, picnic areas, other forms of outdoor recreation, and associated sanitary facilities; 3. support facilities for water or shoreline -dependent activities; 4. overhead and subsurface utility lines providing that revegetation and stabilization will occur; S. temporary storage of hazardous wastes and construction materials; 6. commercial, manufacturing, industrial uses and structures which will not cause significant erosion, ground- or surface water contamination or cause adverse alteration of fish and wildlife habitat; 7. pipelines or utility lines; 8. roads, bridges, driveways, parking lots and paved areas; 9. effluent holding tanks; 10. septic system, Ieaching fields and water treatment plants shall be permitted in the protection area only if sewer systems are not available; and a. the tank is above ground and either double -sided or has a containment basin large enough to hold one and one half times the contents of the tank; and, b. the tank must be so designed so as to contain and prevent leakage in the event of flood waters reach the tank; c_ the tank must be securely fastened to the ground so as to prevent tank flotation should waters reach the tank. 21,05.060. Use permit procedure. A. An application, provided by the borough planning department, must be competed and submitted for planning department approval. Each application must be accompanied by a completed site plan. B. The site plan submitted with the application must delineate the following: l . the plan must clearly show the boundaries of the parcel and the location of all existing and proposed structures, natural resource extraction sites, toxic or hazardous material storage areas and their content identification, septic systems and waste water treatment and/or Kenai Peninsula Borough, Alaska Ordinance 94-52 Pagc 4 of 7 FEB-22-95 WED 17:08 KPB CLERK FAX N0, 9072628615 P,05/07 Ul treatment sites, wells, fuel tanks, excavations and/or fill areas, sewer systems; agl 2, the site plan shall be drawn at a scale of SO feet to the inch if the property is de, less than three acres in size and 100 feet per inch if the property is three acres or more in size; 3. date, drafter's name and address, north point and scale indicator; 4. location of the 100 year flood zone; 5. the locations and dimensions of all existing and proposed drives, parking area, snow storage areas, streets, alleys, sidewalks, walls, slopes of 22% or more, fences and landscaping; 6, the size and location of all existing and proposed public and private utilities; 7. the method, if any, of drainage for storm water runoff, 8. a description of all materials or substances to be used on the property which may be harmful to fish, wildlife or habitat; 9. a description and drawing'of any existing or proposed erosion control, or slope stabilization measures; and 10. a listing of all state and federal permits which are required in connection with the proposed development. 21.05.070, Notice. A. Notice of an application for a use permit shall be mailed to real property owners within a three hundred foot periphery of the parcel affected by the proposed action. Said notice shall invite comments of the recipient and give notice of any hearings scheduled. B. In addition to any other notice required by this code, or deemed specifically appropriate by the planning department, the planning department shall send notice of an application for a use permit on any parcel within the KRD to the following agencies to provide an opportunity for review comments prior to the date scheduled for permit determination: 1. Kenai-Kasilof Soil and Water Conservation District' 2. City of Kenai Planning Department; 3. City of Soldotna Planning Department; Recreation; 4. Alaska Department of Natural Resources, Division of Parks and Outdoor 5. Alaska Department of Fish and Game; 6. Alaska Department of Environmental -Conservation; and 7. United States Fish and Wildlife Service, C. The above listed agencies shall be encouraged to offer special technical assistance and recommendations to mitigate harmful effects of the proposed use relating to erosion, ground or surface water contamination or significant adverse alteration of fish and wildlife habitat. 21.05.080. Issuance of permit. A. The planning commission, with assembly approval, shall prepare and publish regulations governing administration and application of this chapter. B. Before a use permit shall be approved for property within the KRD, the planning department must complete a written statement of evidence and findings that the use will not cause erosion, ground or surface water contamination or adverse alteration of fish and wildlife habitat consistent with the provisions of this chapter and any regulation adopted thereunder_ A permit may not issue without these written, satisfactory findings. C. Any party aggrieved by the issuance or non -issuance of a use permit, or its included Kenai Peninsula Borough, Alaska Ordinance 94-52 Page 5 of 7 FEB-22-95 WED 17:09 KPB CLERK FAX N0, 9072628615 P.06/07 or non -included conditions, may, within 30 days, appeal to the planning commission. Any party aggrieved by the action of the planning comntission, may within 10 days, appeal to the assembly. The decision of the assembly shall be final. D. Planning department decisions on applications submitted shall be made within 30 days after filing, unless the applicant agrees to an extension of time. 21.05.090. Regulations. (To be added) 21.05,100. Nonconformity. A. When any lot, parcel, use or occupancy legally exists prior to the date this ordinance takes effect, but does not meet the requirements of Chapter 21.05 it shall be considered a non- conforming lot, parcel or use. Nonconforming uses may continue but may not be expanded beyond the present lot or parcel boundaries. B. All structures and uses made nonconforming by this title may be continued only on the lot or parcel which contained the structure or use prior to the date this ordinance takes effect. Once the nonconforming use is discontinued, or the structure not used for the specific use for more than one year, it shall not be permitted. C. It shall be the responsibility of the owner to show proof of continuing nonconforming use of any property or structure which is in nonconformity with this title. D. This section shall not be construed as a limitation or restriction of the authority of the Kenai Peninsula Borough to enact legislation regulating the means or methods of the conduct of such non -conforming uses. 21.05.110. Variance. A. A variance may be granted to provide relief when a literal enforcement of Chapters 21.05.010 through 21.05.060 would deprive a property owner of reasonable use of his real property. B. A variance may only be granted by vote of the planning commission. Two-thirds of the planning commission must find that all of the conditions specified in section C exist. C. All of the following conditions shall exists before a variance may be granted: 1. a literal interpretation of the provisions of Chapters 21.05.010 through 21,05.060 would deprive the applicant of rights commonly enjoyed by other properties in the same area; 2. special conditions and circumstances exist which are peculiar to the land or structures involved and which are not applicable to other lands and structures in the same area; 3. setback requirements cannot be met because of the size of parcel and the 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; S. 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; Kenai Peninsula Borough, Alaska Ordinance 94-52 Page 6 of 7 FEB-22-95 WED 17:09 KPB CLERK FAX N0, 9072628615 P,07/07 D. Either party, the planning department or the applicant, may appeal the action of the planning commission to the assembly, within 30 days from the date of the planning commission action. 21.05.120. Penalties for violations. Failure to comply with the requirements of this chapter, or to engage in any prohibited activity herein listed, is a violation which subjects the violator, whether land owner, agent or trespasser, to a fine of $1,000 per violation, per day. SECTION 2. That Chapter 20.20 of the Kenai Peninsula Borough Code is amended by adding the following section: 20.20.270. Kenai River Overlay District requirements. In its consideration of subdivision plats, the commission shall ensure that streets, easements and pedestrian ways in the Kenai River Overlay District (established at Chapter 21.05 of this code) are designed to minimize degradation of the bank and protection areas. There shall be no direct discharge of drainage, runoff or effluent without appropriate use of settling ponds, oil/grease separators or other treatment methodologies designed to ensure that the discharge is in compliance with Alaska Water Quality standards. There shall be erosion control measures designed to protect the shoreline, water quality and fish rearing habitat. Pedestrian ways shall either be located at least 50 horizontal feet away from the shoreline or on elevated walkways or elevated boardwalks designed to minimize degradation of riparian habitat. SECTION 3, [THIS SECTION WILL. EITHER ADD TO TITLE 21. OR ENACT IN ANOTHER TITLE, A SECTION CERTIFYING THAT AN IMPROVEMENT MADE PURSUANT TO TITLE 21 IS KPB APPROVED FOR A PROPERTY TAX CREDIT PURSUANT TO, AND SUBJECT TO THE LIMITATIONS OF AS 29.45.046.) SECTION 4. That this ordinance becomes effective upon enactment. ENACTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH ON THJS DAY OF , 1995. Andrew P. Scalzi, Assembly President ATTEST: Gaye J. Vaughan, Borough Clerk Kenai Peninsula Borough, Alaska Ordinance 94-52 Page 7 of 7 KENAI POLICE DEPT, 107 SOUTH WILLOW ST., KENAI, ALASKA 99611 TELEPHONE: (907) 283-7879 • FAX (907) 283-2267 TO: THOMAS J. MANNINEN, City Manager It FROM: -�V` DAN MORRIS, Chief of Police SUBJECT: 1994 Police Activities Report DATE: February 22, 1995 Attached is the Annual Report of Police Activities for 1994. The report includes statistics for a three year period 1992-1994, for comparison purposes. During 1994 there was a 6% decrease in reported crimes although calls for service increased by 3.5%. Although statewide crime statistics for 1994 won't be available until later in the year the Kenai Court System has published statistics based on the state fiscal year July 1 - June 30. The Kenai Court System reports a 12% decrease in misdemeanor case filings and a 1% decrease in felony case filings compared to last year. At the same time they have experienced an increase in civil case filings. The Kenai Court handles cases for the entire Kenai Peninsula with the exception of Homer misdemeanor cases. As we receive statistics from the state regarding crime in other areas we will be able to identify trends that are unique to our area. The Kenai Police Department will continue responding to the needs of the community by cooperating with other agencies and groups in addressing local issues. Requests for Police servicesjInvestigations In 1994 requests for police services increased 3.590 over 1993. Reported criminal offenses in 1994 represented 38.5% of total requests for services. This is slightly less than percentages in prior years. Service Requests 1992 1993 1994 6281 6328 6548 Criminal offenses Statistics for criminal offenses are separated into three categories. These categories correspond to the system used by the State of Alaska and the Federal Uniform Crime Reporting System ( UCR) . Part I offenses: homicide, rape, robbery, assaults, burglary, larceny and vehicle theft. 1992 1993 1994 630 760 715 The majority of Part I crimes investigated in 1994 were property crimes. Part I crimes decreased 6% between 1994 and 1993. There was a slight increase in reported assaults and a more significant drop in the number of thefts. Part II offenses: arson, fraud, vandalism, drugs, DWI, disorderly conduct and sex offenses other than rape. 1992 1993 1994 1394 1452 1331 There was an 8% decrease in Part II crimes between 1993 and 1994. This category of offenses represents over half of all reported crimes. Part III offenses: criminal traffic offenses (except DWI) and warrants 1992 1993 1994 472 480 481 As noted above there was very little change in this category. The total reported crime in 1994 was 6% lower than 1993. (See Table 1 for criminal offenses.) Arrests Table 2 reflects the number of arrests and category of crime. Arrests are not always an accurate measure of activity for the following reasons: 1. One arrest can clear multiple offenses. 2. Multiple arrests can clear one case. 3. Warrants issued for an offense committed in Kenai and served in another jurisdiction are not counted. 4. Warrant arrests made by Kenai Police for offenses committed elsewhere are included in the Part III category. In 1994 there were 1035 arrests compared to 1183 arrests in 1993 representing a 12% decrease. Due to the recent interest in crimes committed by juveniles the following statistics are included: % Committed by Juveniles Crimes 1980 1993 1994 All 28% 18% 26% Burglary 50% 50% Larceny 57% 52% Drugs 13% 45% Liquor laws 33% 42% Vandalism 50% 50% A total of 221 juveniles were arrested in 1993 and 277 in 1994. Although the percent of crimes committed by juveniles has increased over last year, there have been similar increases in past years such as noted in 1980 above. Traffic Collisions In 1993 there were 299 collisions compared to 379 in 1994 representing a 26% increase. Although the number of accidents were up significantly there was only a slight increase in the number of injuries from 78 in 1993 to 84 in 1994. The number of collisions reported year to year can be significantly impacted by weather and road conditions. During the last few months in 1994 there was a large increase in collisions at the same time we had record amounts of snow and poor road conditions. There were no fatal traffic collisions in 1994. Traffic Enforcement 1992 1993 1994 Verbal warnings 2920 3227 3020 Citations 784 924 1062 DWI 133 165 96 Other traffic arrests 258 251 275 (reckless driving, hit & run, suspended license) Total Enforcement Contacts 4095 4567 4453 COMMUNITY PROGRAMS Crimestoppers The Crimestoppers program continues to be an effective community public safety program. The civilian board of directors operate the program to assist law enforcement in solving felony crimes and publicizing unsolved crimes. The department supports the program through a police coordinator, telephone operation, and records maintenance. The program is now in its eleventh year of operation. During the previous three years Alascom has donated a toll -free number to Crimestoppers which has added the lower Kenai Peninsula to the program. Business Watch In cooperation with the Kenai Chamber of Commerce, a Business Watch program has provided a means of communicating with the local businesses in a timely manner through the use of a facsimile machine. A fax machine with multi -addressing capability was donated to the Chamber by PTI. The Police Department provides information to local businesses via fax alerting them to current crimes which may affect their business. They, in turn, can provide us information about criminal activity. Approximately 60 businesses currently participate in the program. D.A.R.E. The Drug Abuse Resistance Education (D.A.R.E.) program continues to receive support from the children, parents, teachers, and administrators involved in the program. The Youth Services officer presents the program to six 5th grade classes at Mountain View Elementary School. The program teaches the children how to resist drugs and other illegal activity. Approximately 25 to 30 percent of the Youth Services officer's time is spent with the D.A.R.E. program. Police Explorers In 1993 the Kenai Chapter of the Alaska Peace Officers Association started a Police Explorers program in cooperation with the Boy Scouts. Local high school students interested in law enforcement careers participate in the program. Officers from the Kenai and Soldotna Police Departments and the Alaska State Troopers provide the training and coordinate the program. After the students complete the basic training, they are able to assist local police agencies with minor tasks. Other Proarams During 1994 officers have provided crime prevention presentations on a variety of subjects including: home security, robbery prevention, drug use, motor vehicle laws and bicycle safety. In 1994 officers served on the advisory boards of the Women's Resource Crisis Center, Cook Inlet Council on Drugs and Alcohol, Drug Free Schools Committee, Domestic Violence Task Force, E-911 advisory board, "Kids Stuff" committee, Healthy Community/Healthy People committee and statewide law enforcement committees. A mutually beneficial working relationship exists between the police department and the educational/social service providers in the community. Police Personnel During 1994 two officers were hired to fill vacancies. In December 1994, Sgt. Roger Dorcas retired and in January 1995, Lt. Doyle Oldham retired. As a result three officers were promoted. Sgt. Jeff Kohler was promoted to Lieutenant and Officer Mitch Langseth and Officer Joe Harrison were promoted to Sergeant. A new officer was hired to replace Sgt. Dorcas and the department is currently seeking an officer to replace Lt. Oldham. Statewide approximately 80 new officers are being hired by different police departments. This has drained the pool of qualified applicants within the state. Additionally the police academy in Sitka has a large backlog of people needing to attend the academy. Unless the Department of Public Safety finds the money to add another session of the academy this year many departments will be forced to seek certified officers from outside the state. The Kenai Police Department presently employs 15 sworn personnel. The minimum requirement of an associates degree has attracted career -oriented applicants in the past. The department currently employs 9 officers with a BA/BS degree, 4 officers have an AA/AS degree and two officers have less than 2 years of college. The police department will continue to seek out and retain the best qualified officers. Communications Department The communications department provides critical services to the police and fire departments. Their duties include: answering emergency and administrative calls for public safety; radio operation for public safety and public works; data entry; typing all written and taped reports, interviews and interrogations; use of the state and national crime computer systems and monitoring water and sewer alarm systems. The communications department employs 8 personnel including the dispatch supervisor. It usually takes 3-6 months to train a new dispatcher to function on their own. Summary In 1994 there was a slight decrease in overall demands for police services. Although it is impossible to identify all the causes for a 6% decrease in reported crimes during 1994 a partial explanation would include the decrease in patrol time while new officers and training officers were involved in the Field Training and Evaluation Program. In 1995 the Kenai Police Department and Communications Department will continue to strive to provide quality services to the citizens of Kenai and remain responsive to community needs. 1'.�' M Homicide Rape Robbery Assaults Burglary Larceny Motor Vehicle Theft Total Part I PART II TABLE OF CRIMINAL OFFENSES 1992 1993 1994 0 0 0 1 9 2 1 1 6 172 212 231 44 65 67 377 425 383 35 48 26 Arson Forgery Fraud Embezzlement Receiving Stolen Property Vandalism Weapons Sex Offenses Drugs Gambling Family Offenses DWI Liquor Laws Disorderly Conduct *All Others Total Part II 630 760 715 2 2 0 15 20 10 82 55 10 0 0 1 7 9 6 259 205 218 56 57 76 35 37 45 66 70 67 0 0 0 19 27 40 133 165 96 166 156 71 240 238 312 314 411 379 1394 PART III Traffic (DWI not included) 258 Warrant Service 214 Total Part III 472 1452 270 210 480 1331 282 199 481 TOTAL PARTS I, II, III 2496 2692 2527 *Includes Harassment, Custodial Interference/Kidnap, Trespass, and miscellaneous other offenses. TABLE 1 PART I Homicide Rape Robbery Assaults Burglary Larceny Motor Vehicle Theft Total Part I PART II TABLE OF ARRESTS 1992 0 0 1 56 17 123 7 204 1993 1994 0 0 0 0 0 5 90 88 19 10 138 125 23 8 270 236 Arson 2 4 0 Forgery 8 2 2 Fraud 0 5 0 Embezzlement 0 0 0 Receiving Stolen Property 0 0 0 Vandalism 30 27 25 Weapons 9 11 14 Sex Offenses 1 8 4 Drugs 41 37 42 Gambling 0 0 0 Family Offenses 0 0 0 DWI 133 165 96 Liquor Laws 121 102 67 Disorderly Conduct 18 12 11 *All Others 81 69 61 Total Part II 444 442 322 PART III Traffic (DWI not included) 258 251 275 Warrant Service 214 220 202 Total Part III 472 471 477 TOTAL ARRESTS PART I, II, III 1120 1183 1035 *Includes Harassment, Custodial Interference/Kidnap, Trespass, and miscellaneous other offenses. TABLE 2 111206EM Public Notice ustr=pg Of of Appi icat"on Alaska District ■ �iIAN--/y�i�'do� �'i�r. Regulatory Branch (1145b ) for Permit Post Office Box 898 Anchorage, Alaska 99506-G898 PUBLIC NOTICE DATE: 16 FEBRUARY 995 EXPIRATION DATE: 16 MARCH 1995 REFERENCE NUMBER: 2-920107 WATERWAY NUMBER: Kenai River 302 I nterested parties are hereoy notified that an application has been received for a Department of the Army permit for certain work in waters of the United States, as described below and shown on the attached plan. APPLICANT: Alaska Department of Natural Resources, Division of Parks and uttdoorRecreation, 3601 C Street, Suite 1258, Anchorage, Alaska 99503; 1-907-762-2643. LOCATION: On the Kenai River at river mile 12.4, in an area referred to as TFFT1ZTars near Kenai, Alaska; section 7, T. 5 N., R. 10 W., Seward Meridian. WORK: To (1) upgrade the existing access road by excavating 700 cubic yards Zcy7 of material and discharging 1,400 cy of material in approximately 0.44 acres of wetlands; (2) construct a 2.4 acre parking area with water, toilets, and related facilities by excavating 600 cy of material and discharging 2,350 cy of material in approximately 0.73 acres of wetlands; (3) construct a concrete plank boat ramp aoproximately 36' wide, 72' long and at a 12.5� grade, by excavating 150 cy of material and discharging 100 cy of clean gravel fill; (4) construct two 6' x 60' floating docks, one on each side of the boat ramp; (5) construct an 8' x 100' floating dock anchored by three removable pilings along the shore of the river with two access gangways; and (6) contour and revegetate the existing disturbed river bank areas and the handicapped gangway area. PURPOSE: To improve public recreational boating and sport fishing access on tFe Kenai River. ADDITIONAL ?NFORMATION: -he project is a joint effort between the Alaska Department of Fishand Game, Division of Sport Fish and the applicant. Division of Sport Fish will provide funding for the project through the Federal Aid in Sport Fish Restoration Program with the applicant providing design support. The completed facility would be managed by the applicant as part of the Kenai River Special Management Area. MITIGATION: A public notice was originally issuea for work at the Pillars on April 17,7994; however, the file was closed due to resource agency concerns. This revised proposal includes additional measures to mitigate impacts to wetlands and the Kenai River. 'litigation measures include realignment and redesign of the parking area to minimize impacts to wetlands; redesign of the boat dock and ramp system to delete as much banK disturbance as possible; insertion of a plant revegetation scheme for the river bank area; end design of new boardwalk, drainage, and interpretation systems to minimize effects of disturbance to wetlands and critical habitat. WATER QUALITY CERTIFICATION: permit for the described work will not be issued until a certification or waiver of certification as required under Section 401 of the Clean Water Act (Public Law 95-217), has been received from the Alaska Department of Environmental Conservation. COASTAL ZONE MANAGEMENT ACT CERTIFICATION: Section 307(c)(3) of the Coastal one anagement Act o , as amenaed by 16 U.S.C. 1456(c)(3), requires the applicant to certify that the described activity affecting land or water uses in the Coastal Zone complies with the Alaska Coastal Management Program. A permit will not be issued until the Office of Management and Budget, Division of Governmental Coordination has concurred with the applicant`s certification. PUBLIC HEARING: Any person may request, in writing, within the comment period specifl—e—d-11—n-This notice, that a public hearing be held to consider this application. Requests for public hearings shall state, with particularity, the reasons for holding a public hearing. CULTURAL RESOURCES: Compliance with Section 106 of the Nationai Historic Preservation Act Tor this project was completed by the U.S. Fish and Wildlife Service (USFWS) in consultation with the State Historic Preservation Office (SHPO) in May of 1992. An archaeological site, Oberts Site (KEN-248), is in the area of potential effect of the project. This site was determined eligible for inclusion in the National Register of Historic Places by the USFWS in consultation with the SHPO. JSFWS also determined that the project would have no effect on the site because the development is an aaequate distance to the north and because the project would obliterate an informal road that currently provides access to the site. The SHPO concurred with the finding of "No Effect", concluding Section 106 compliance. This application will continue to be coordinated with the SHPO. Any comments SHPO may have concerning presently unknown archeological or historic data that may be lost or destroyed by work under the requested permit will be considered in our final assessment of the described work. ENDANGERED SPECIES: Preliminarily, the described activity would not affect threatened or endangered species, or their critical habitat designated as endangered or threatened, under the Endangered Species Act of 1973 (87 Stat. 844). This application is being coordinated with the U.S. Fish and Wildlife Service and the National Marine Fisheries Service. Any comments they may have concerning endangered or threatened wildlife or plants or their critical habitat will be considered in our final assessment of the described work. -2- =EDERAL SPECIES CF C�III CERN: The followina Federal soecies of concern may use the project area: Steelnead Trout, Sockeye Salmon, Chinook Salmon, -.oho Salmon, Canada Goose, Lesser Canada Goose, Lesser Snow Goose, Bald Eagle, Trumpeter Swan, -unara Swan, Mallard, -.anvasback Duck, 'I-esser Sananill Crane, and Peale's Peregrine Falcon. =LOOD PLAIN MANAGEMENT: Evaluation of t^e described activity will include contormance with'appropriate State or local flood plain standards; consideration of alternative sites and methods of accomplishment; and weighing of the positive, concentrated and dispersed, and short and long-term impacts on the flood plain. SPECIAL AREA DESIGNATION: The project is located within the Kenai River Special Management Area. EVALUATION: The decision whether to issue a permit will be based on an eva—luation of the probable impacts including cumulative impacts of the proposed activity and its intended use on the public interest. Evaluation of the probable impacts which the proposed activity may have on the public interest requires a careful weighina of all those factors which become relevant in each particular case. The benefits which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. The decision whether to authorize a proposal, and if so the conditions under which it will be allowed to occur, are therefore determined by the outcome of the general balancing process. That decision should reflect the national concern for both protection and utilization of important resources. All factors which may be relevant to the proposal must be considered including the cumulative effects thereof. Among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shore erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people. For activities involving 404 discharges, a permit will be denied if the discharge that would be authorized by such permit would not comply with the Environmental Protection Agency's 404(b)(1) guidelines. Subject to the preceding sentence and any other applicable guidelines or criteria (see Sections 320.2 and 320.3), a permit will be granted unless the District Engineer determines that it would be contrary to the public interest. The Corps of Engineers is soliciting comments from the public; Federal, State, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps of Engineers to determine whether to issue, modify, condition or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. -3- Comments on the described work, with the reference number, should reach this office no later than the expiration date of this Public Notice to become part of the record and be considered in the decision. Please contact Mr. Bill Abadie at 1-907-753-2724 or toll free in Alaska at 1-800-478-2712, if further information is desired concerning this notice. AUTHORITY: This permit will be issued or denied under the following aut orities: (X) Perform work in or affecting navigable waters of the United States - Section 10 Rivers and Harbors Act 1899 (33 U.S.C. 403). (X) Discharge dredged or fill material into waters of the United States - Section 404 Clean Water Act (33 U.S.C. 1344). Therefore, our public interest review will consider the guidelines set forth under Section 404(b) of the Clean Water Act (40 CFR 230). A plan, Notice of Application for Certification of Consistency with the Alaska Coastal Management Program, and Notice of Application for State Water Quality Certification are attached to this Public Notice. Attachments District Engineer U.S. Army, Corps of Engineers -4- _wosh . $ _ ;0 T 199Us IlouEal0ad elnSuluad tauay! j :000inC pup suad j 'SS903B 6UtUSl; UOOS aAOJCIWI 011 ENSEIy IEuaN :ly I 10 UOSIAIq •saoJonsad dwEl moo E IlElsui puE No0p JaAid !VU9N :NI IElnipN;O lu9WUEoaa "NV I 5unuou a iOnlisuoo of -sallllloRj ;0 61E1S :na NOI.LVOliddb Palulal OUR -slallol 'llam U1im E21E 6ul)qlEd DUE ppol SSaOOE s8yi—lid aHl lV7d'8 dVV4 .U]NIOIAl ue ionlisuoo o i :aSOdiditdf LU�ZG-- \1 70� 1i3��I`.I I'd:Is:I � oP7 WE oa o i I �t`rP1'7H �.3'ttwLS :'ZilYMO I �i t/135 b/13Z L1 .tm lush wo�e� 1 � a'4Cf� T�3n ft 1 I SLa'Jao Nw77vv i i C3'1 ammo i/ l35 b/ r3tY sia p no rrm � •i oal :�Mmhmo 0/13Y 10/ Ias 3'�Ir1'nD 01 -Lai 1Nltl7 N'i'1' J1C�j Y - cvad i S ittL I* iFlI zI �t i I " s � Xc z ......... ........ . ... ..-N ..... ..... .......... . ...... ........... . . .. .... ... ... .......... 11, IIJ WAIM Vitt -M H0* 4.191 FF,1161 01it"CAMP At. of us 0 tJ j A-" C-f- PqF"Jolt. C -Y I v �\ 4iA,11� 0000 tX1 *4 e Lit (Ai I ! 4� - A rrr,"ev Alkdk Tait &I F ZL-p It 00 sit ivt1fA vt.. pJ14rilEf— r FTII uvlz" I'vi ellE ]A f ID I 41 P-1 FAI 1p -W Act -nAg fit --its / , \ �' ' -to PLC, R) Cc"SMLY--F AN 444—t rAff 10(l vo I I W \ �_,� llGct�s FScwD � 1�KJN �{j�-� � '� '"° la11 V\ 'X Fnclla r1CjS. n DMV-, b�T i, R-E-4wK, KENAI RIVER 302 2-920101 A. pte ,L�PARTMENT OF NATURAL RESOURCES TN E F'1 LL A KS -SITE PLAH M, NDP�e sw4f to" or PARKS AND 01)(DOOR RECRWIDN SLATE Of AIASKA r,�WAj KjVjsjE- -5fi:CjA1- t4AjJA6jr.IjL�Ij AXLA 2-c)?-c)ic)7 Kjalc,,L Kw,,V-tvz 'm " , 1, c. f 7 O.m I— I-• , v.,11, At P1 'UoLfev Tolwi To��rl 11/ f` VO 11: IA L t X�. At YmIUCT I I IW S I' :IA `i�� ��' " % 44 c- M -ft i JWA 1) (A X 0 DEPARTMENT OF NATURAL RESOURCES THE PI LL ARS UNRiETATIOM PIA,J WSION OF PARKS AND OUTDOOR RLCREAliON SIATIE OF AIASKA F\LNAl J�JVE-:f, -5M--C-jJkk- MVlA4AEf JILI'll A6LA. "Crm *_ FtCA-O DESWA" TO iN►11►.AtZE WQ[LA►JD U4V0 XaiiXT SHIFT wri-WI `1 -M _T fb"ops 01.1 r A C,-r S tCE R 0&- . d.heST�Ks 1�A04d►Y Zfo -zy �-_•/ I . i • i (•' i...a"6D Al�isR�iGA1T BASE 12' Su6"w , ZYpE A 21' mlw. s60-Q.1Efl 1A MxLkA.L- 4' A i i rGcz� -v�, r-�n c--� W=7 70 s So ' zt.' -Sc' 21.E So P4RK1Nc, 1Row T-tiZJU&w. HLULi Ma1G11Yz I1;M1 ftftuw-v i :�E�iSa►w 9 T�YSo l L t2' s�tsSA 'Ty'Tym A ��1TAIMME?JT / ' \ P��K I' V / I...y,� � 1Z� MI►,1 iGL�C[ED �'1�i1&T10' access road and oarKmg area 1%, well, toilets, and related I', Jes. To construct a floating idocK and install a ocat ramp Ito Imorove soon fisnirc access. APPLICATION BY: State of AK., Deoartment of Natural i Resuorcas. Divlson cf i ParKs any Outcocr DOCK IN: Kenai River AT: Kenai, Alaska I Kenai Peninsula cnoa. y ^f 79S ►-Ivy sipr� i•i ofItURI �P 1 / YRIc.WY RM�Z -tia^N '-JAI s Lj,v STAkH- -- - - — - - -u �uR IAP :.1 •92vSN LAYW` Livu -_ TATIofA �r SEG71p tj A - A NA11vt QA..r/L . #it - r M•K 1'-1• �- LIVR 04-441kb p...i[t. --- 1-4 I 0 �l .ry BRoi{1 LA`(lE�-- -14VFS10Air4rJ� GTI� C_GI i-LoYp� �wsi�w s.�or� of �"I�rw sn r.r•o' IIJ{- 5(Aftt I" — MAD 51AFI� � jiRJSN IPyk� i' i cat 9�cp SLP•c :.� sir. ;•r., `I All,wf / la•sM rl DEPARTMENT OF NATURAL RESOURCES I -T' N E PILLARS I p�T�.lL A N _- i nvrvta F i -r£• KEPTAI RIVER 302 2-920107 = g (�1 s ' Y $ .r��•wa�� WILLLW J. NELSON t ASSOCIATES w. +coo• Wi '• PLLAAS SMT NAhr AND D= SVWXNEMNM cvrsm aecm - no r�wa = ♦9ay V o v w $ Pf1D�iCTfiA�10006-4 =15 roan su+c ae. SITE �- CCNDM0NBMM PLAN a+u► �uv ++s.. cwn aas-r.• ' — -- — at. o ldlrtlMl »• 4MY.Y1•T Wf)f K VD' R•I rl •I __ ____ - ___.. L_ _ �-�.._______ ____________ ___ J __ _:_L. ____ ____ DUY:.. ..Y;.•Yu1lw 1tvtl s1c c o ------- ----- <1`------- Dert�l l..el wltn le.xl w.• y I • 2 I.00 1.10 I.70 IJO I -Ala 1.50 1.60 1•10 1.00 DI57ANCE FROM COWROL HA5E1_IIIE ACC€55WLE r-_ANCaWA?_.eRQFlLL w — I.00 1.10 1.20 1.30 1.40 D!StMCE FROM COt1IR01 I3A5E1 INI- LAUrK+1 RAMS/fLQ—AL050-€ QV Uc lt.• 11 11• 11, 11 111 111 Ili II 111 II 1.50 1.60 1.10 Derrrl .•Y-�tulew teveL sr0 y GOH1l LIo11- �1 11 11 111 11 r III w 1•D0 1.10 1.70 1•30 I•�O D15TAtICE FROM CONTROL f5o9LL IIIE 1.50 1.60 1•10 /1f/1 u•u/tulen le.tt r1n rIw lCW uulew levtl vn I C r-/ CI SY&VE OF &L4S e Tony Knowles, Governor OFFICE OF TBE GOVERNOR OFFICE OF MANAGEMENT AND BUDGET DIVISION OF GOVERNMENTAL COORDINATION Ef SOUTHCEIMAL RECKMAL OPME 3WI "C' STREET. SUITE 370 ANCHORME. ALJSKA 99503�00 PH: (907) 561-4131IFAX (907) 5614134 ❑ cFNTRAL cFF=E P.O.SM 110030 JUNEAU. ALASKA 999114WO PH: (907) 46S35621FAX: (907) 4165.3075 STATE OF ALASKA ❑ PMINE COORDINATORS OFPUCS 411 WEST 4TH AVENUE. SURE 2C ANCHORAGE. ALASKA 99501343 PH: (907) 2794S441FAX: (907) 2724)690 DIVISION OF GOVERNMENTAL COORDINATION Notice of Application for Certification of Consistency with the Alaska Coastal Management Program Notice is hereby given that a request is being filed with the Division of Governmental Coordination for concurrence, as provided in Section 307 (c)(3) of the Coastal Zone Management Act of 1972, as amended [P.L. 94-370; 90 Stat. 1013; 16 U.S.C. 1456 (c)(3)], that the project described in the Corps of Engineers Public Notice Number 2-920107 , will comply with the Alaska Coastal Management Program and thatthe project will be conducted in a manner consistent with that program. The Division of Governmental Coordination requests your comments on the proposed project's consistency with the Alaska Coastal Management Program. For more information on the consistency review process and the comment deadline, or to submit written comments, please contact the Division of Governmental Coordination, 3601 C Street, Suite 370, Anchorage, Alaska 99503-5930. Attachment 2 ST&VE up &L&SK& Tony Knowles, Governor DEPT. OF ENVIRONMENTAL CONSERVATION TWM'm w!M7) 465-2600 .eda,=: P.O. Box 0 Juneau, AK 99811-1800 NOTICE OF APPLICATION FOR STATE WATER QUALITY CERTIFICATION Any applicant for a Federal license or permit to conduct any activity which may result in any discharge into the navigable waters must first apply for and obtain certification from the Alaska Department of Environmental Conservation that any such discharge will comply with the Clean Water Act of 1977 (PL 95-217) , the Alaska Water Quality Standards and other applicable State laws. By agreement between the U.S. Army Corps of Engineers and the Alaska Department of Environmental Conservation application for a Department of the Army permit may also serve as application for State Water Quality Certification when such certification is necessary. Notice is hereby given that the application for a Department of the Army Permit described in the Corps of Engineers Public Notice No. 2-920107 also serves as application for State Water Quality Certification rom e Alaska Department of Environmental Conservation, as provided in Section 401 of the Clean Water Act of 1977 (PL 95-217) . dieDepartment will review the proposed activity to insure that any charge to waters of the United States resulting from the referenced project will comply with the Clean Water Act of 1977 (PL 95-217) the Alaska Water Quality Standards and other applicable State laws. Any person desiring to comment on the water quality impacts of the proposed project may do so by writing to: Alaska Department of Environmental Conservation 3601 C Street, Suite 1350 Anchorage, Alaska 99503 Telephone: 563-6529 within 30 days ci publication of this notice. Attachment 3 DEPT- OF v"TURAL RESOURCES February 22, 1995 DIVISION OF OIL AND GAS TONY KNOWLES STATE OF ALASKA DIVISION OF OIL & GAS 3601 C ST STE 1390 ANCHORAGE, AK 99503-5948 CALL FOR COMMENTS PROPOSED OIL AND GAS LEASE SALE 74W, COO requests — The Department of Natural Resources (ADN �)nOtracts wluc did not f Oil and rece vve bids following The Alaska D p its proposal to reoffer certain public comment regarding p p G intends to provide Oil and Gas Lease Sale 74. Through this proposed r to bed on sDelOect unleased tracts remaining e opportunity for interested companies and individuals which was held in September 1991. Proposed Sale 74W (see attached map) is from Sale 74 scheduled to be held in October 1995. any _ ion is also requesting comments, relevant to the proposed sale area, regarding and the pub The divas agencies, local governments, for Sale 74 on June 18, socioeconomic and environmental information, from best interest in the best interest finding for that has become available since the issuance salehwconsidered findtng royal of Sale 74W 1991. All acreage included in the proposed fore the Sale 74, issued June 18, 1991. A writtenhnewinformation lhas become available that justifies n the unless the commissioner determines that The commissioner will use information provided revision of the initial best interest finding. comments to make this determination. 05.180(c), an oil and gas lease sale must be included in the earinwhichthe saleas hOe1 il and Under AS 38. recede g Y Gas Leasing Program during the two calendar yeas ale. Criteria for determining if land is eligible unless it meets the criteria for e ared fined und11 er AS 38.05.180(w) for leasing in an "exemp Under the provisions of AS 38.05.180(w), the Division of Oil and Gas is proposing to offer offer land exempt acreage in Sale 74W. This statute ��� the commissioner weth�n east five years and or oil and gas leasing which has been offered for competitiveal rates may not be less than received no bids at. the sale. Sales under this statute toe Royalty ty competitive and may offer the which appearing most advantageous to the tracts under terms appe g 12-112 percent. res in s- These tracts Proposed Sale 74W consists of approximately 60,954.36 ore of the areaa.t DO&G proposes toast o uplands in the Kenai ractsPeninsula available orilof lease:d lands offs make the following t Ai F 74W (16 tracts from Sal��l 7 4-24, 74-25, 74-26, 74 27, 74-28, 74-29, 74-30, 74-31, 74-34, 74-51, 74-5 , 74-53, 74-54, 74-55, 74-56, 74-59. 1 DO&G is specifically interested in new information regarding potential effects of sale -related activities which has become available since the final finding for Sale 74, including any information regarding: 1) fish and wildlife species and their habitats in the sale areas; 2) the current and projected uses in the areas, including uses and values of fish and wildlife; 3) the reasonably foreseeable cumulative effects of oil and gas exploration, development, production, and transportation on the sale area including the effects on subsistence uses; fish and wildlife habitat, populations, and their uses; air, land, and water quality; and pre -historic, historic, archeological, and cultural resources; 4) the reasonably foreseeable fiscal effects of the lease sale and subsequent activities on the state and affected municipalities and communities, including the explicit and implicit subsidies associated with the lease sale, if any; 5) the reasonably foreseeable effects of oil and gas exploration, development, production, and transportation on municipalities and communities within or adjacent to the lease sale area. 6) the reasonably foreseeable effects of oil and gas exploration, development, production, and transportation on coastal development, geophysical hazard areas, recreation, energy facilities, transportation and utilities, fish and seafood processing, timber harvest and processing, mining and mineral processing, and 7) the reasonably foreseeable effects of oil and gas exploration, development, production, and transportation on any current or new programs and projects planned in the sale area. A decision by the director whether or not to proceed with this sale will be issued in July 1995. If a revision to the best interest finding is required, and a decision is made that the sale is in the best interests of the state, the revised final finding will also be available in July 1995. The final finding for Sale 74 describing the sale area and it's resources, discussing the sale's potential effects, and mitigation measures is available in ADNR's Public Information Office located in Suite 200 of the Frontier Building, 3601 "C" Street, Anchorage, Alaska, or by writing to DO&G, 3601 "C" Street, Suite 1380, Anchorage, Alaska, 99503-5948. Copies of this finding are also available in the Homer, Kenai, Soldotna, and Palmer Public Libraries, and the Loussac Public Library in Anchorage. In commenting on the proposed sale, please be as specific as possible. Any information or comments provided as a result of this request should be received by March 28, 1995 at the following address: James Hansen, Chief Petroleum Geophysicist Division of Oil and Gas 3601 "C" Street, Suite 1380 Anchorage, AK 99503-5948 Comments may also be submitted via courier to Suite 1380, 3601 C Street, Anchorage; via SYSM: NORCDOG; or by telecopy to 562-3852. Attachment Sale 74W, C-4 2 60°a 6o'3a So`1 s, Woo' b MAP AREA j 1s1'30' 151*00' 1SD-30' i s1'30' 151 *00, STATE OF ALASKA DEPARTMENT OF NATURAL RESOURCES DIVISION OF OIL AND GAS PROPOSED OIL AND GAS LEASE SALE 74W COOK INLET TRACT MAP SCALE 1: 500,000 1 INCH S APPROX 6 0 / 0 1 12 MILES ACTING DI EC DIVISION GIL D DATEAPPROVED 2.17.95 jijKEN BOY M.P.3 BASE MAP: TRANSPOSED FROM U.T.M. PROJECTIONS BY U.S.G.S. PETRO. OP SIC , CHECKED REDRAWN INAUTocADAND JAMES HANSEN By - \ CLARIS CAD. 60*45' 60*30' s0*15, 60>00' 150°30' NOTE : THIS MAP IS NOT THE OFFICIAL TRACT MAP, A SET OF OFFICIAL TRACT MAPS ARE AVAILABLE AT THE DEPARTMENT OF NATURAL RESOURCES, DIVISION OF OIL AND GAS, 3601 C ST., SUITE 1396, P.O. BOX 107034, ANCHORAGE, ALASKA 99510-7034 PHONE (907) 762.2566 it M02/14195 10:08 AM D 113 * STATE CHAMBER OF COMM FRCE Tuesday, February 14, 1995 Carol Freas, City of Kenai 1-997-283-3614 IT M02/14195 010:09 AM _ 2/3 ALASKA STATE CHAMBER • FISCAL NOTES • FEBRUARY 6, 1995 $2.4 Billion —What is All that Money Spent On? The state currently spends nearly $2.4 billion in general funds to provide services. (Another $1.3 billion in "other funds" is also spent --such as federal funds and university tuition fees which are restricted in what they can be spent on.) Major pieces of the "budget pie" are: • Operating Budget: $2.2 billion. Funds state services and programs, from state employee salaries, office leases, grants to organizations that run domestic violence shelters, and tourism promotion. • Capital Budget: $100.4 million. Funds construction projects such as the state's match for Federal highway dollars, repairs to state buildings, and building safe water/sewer systems. • Debt Service: $133.1 million. Major portion ($103.3 million) reimburses municipalities for school construction and repair costs. Remaining pays for state building lease -purchases and voter-ap- red bond debt. How It's Spent Salary/Benefits 30.0% Travel 1.2% Contractual Services 14.2% Commodities 3.3% Equipment .4% Grants 47.5% Pieces of the Budget Pie Capital Budget 4% Other 3.5% Debt Service 5% Operating Budget 87% Operating Budget Pieces University 7% Court System 2% Legislature 2% Executive Branch Debt Service 6% Operations 38% Formula Prog s 45% Formula Programs: Automatic Pilot for Budget Increases During budget discussions and changes in eligibility must be million. there is concern over what to do made by passing a law and can't Public assistance programs about "formula programs" be made by simply reducing and Longevity Bonus are other because these programs auto- funds. formula -driven programs. As matically increase the budget. The School Foundation more people apply, the pro - Eligibility for these programs is program is a major formula grams' costs automatically set by law so if you meet the program. Because of Alaska's increase. Longevity Bonus' program's criteria, you are relatively young population, costs, however, are now start - entitled to the benefit. In non- school enrollments increase each ing to slightly decrease (current formula programs, the Legisla- year. The foundation program's cost of $73 million) because the ture can simply reduce funding cost automatically increases Legislature passed a law to and services are correspondingly each year. This year the K-12 reduce benefits to new appli- reduced. Formula programs, system got $639 million; next cants and to eventually phase however, are governed by laws year's cost is estimated at $666 out the program. "Fiscal Notes"is a project of the Alaska State Chamberof ommerce. Information is cor iMed and written for the State Chamberby Cheryl Frasca. Comrnents and suggestions are welcome. Contact the Chamber's Anchorage office at 278- 2722, fax 278-6643. 4 C112114195 010:09AM ❑313 t Ir 4 l_ASKA A BUDGET UPDATE FROM THE ALASKA STATE CHAMBER Long Range Fiscal Pl g Commission: One Hurdle Down, One More to Go HCR 1, creating the Long Range Financial Planning Com- mission, passed the House with a near unanimous vote. While this is the good news, the resolution may now await an uphill battle in the Senate. The House Finance Committee made several changes from the original proposal: • Public members Tuesday, February 7. The Senate Finance Committee is set to consider the resolution at 9 a.m. on Thursday, February 9. the House was first to pass its bill, HCR 1 will be consid- ered by the Senate instead of Senator Pearce's version. It would be unusual "The House's prompt action in approving HCR 1 is applauded. But we can't stop there. It is important Alaska'sbusiness cammunitycontact theirstatesenators to make sure we get the commission going and a plan in place". were increased to nine from six. Another six members will include four legislators and two executive branch officials. • Timeframe for the commission's work was con- densed: preliminary report due July 15 and the final report on October 1. Senate Approval in Doubt The Senate State Affairs Committee has scheduled a hearing on HCR 1 for 3:30 p.m. Senate State Affair Bert Sharp, Fairbanks, Randy Phillips, Eagle River, Vice Chairman Loren Leman, Anchorage Jim Duncan, Juneau Paul Richards State Chamber Chair While quick scheduling of a bill in a committee usually indicates favorable disposition, one Senate leader indicates there may not be enough votes on the Senate floor to approve the resolution. The Senate resoundingly defeated a similar proposal last year. (An identi- cal resolution, SCR 3, was introduced by Senate Presi- dent Drue Pearce. Because Who to Contact... s Committee Chairman Dave Donley, Anchorage for the Senate Major- ity to reject a priority of its President --but it can happen.) Your Help Needed Getting a long range financial plan in place is the State Chamber's top prior- ity. Creating this commission is the first step. Alaskans who want to ensure a secure and stable fiscal future for the state and Alaska's busi- ness community are encour- aged to contact their senator. Public Opinion Messages (50- word maximum) can be sent at no -charge by contacting the local Legislative Informa- tion Office. Senate Finance Committee Steve Frank, Fairbanks, Co -Chair Rick Halford, Chugiak, Co -Chair Steve Rieger, Anchorage Bert Sharp, Fairbanks Randy Phillips, Eagle River Fred Zharoff, Kodiak Dave Donley, Anchorage Alaska State Chamber it Z2/23/95 O 11.• ` MA ALASKA STATE CHAMBER FISCAL NOTES • FEBRUAR Knowles Introduces Supplementals. $72 miflion Price Tag One of the most scrutinized pieces of legislation each session is the Governor's "supplemental" in which he asks the Legislature to appropriate more money to programs for the current fiscal year. Sometimes these requests are for events that were unantici- pated when the on' a nal budget was approved, such as a disaster or an increased number of K 12 students. Other times, they simply represent a Governor's continued priority. Campaign Promise This session the Governor's supplemental took on additional significance because of his cam- paign commitment: he would veto any budget that is more than what was spent the year before. 'Pherefore, to "make room" in next ar's budget for the Governor's priorities and new initiatives, it is important the current year's budget be increased through the supple- mental process. Timing Important The Governor has introduced two supplementals. SB 57 and HB 137 are the "fast -track" supplementals, meaning these programs need increased funding early in the session. House Bill 178 is the "slow -track," or "regu- lar" supplemental. (Typically the Governor's supplemental is one of the last bills approved. This timing gives the Legislature leverage (the power to threaten to not appropriate Rends helps in negotiating with the Governor, it also gives the legislative leader- ship a "vehicle ", or bill, to appro- priate funds based on any last- 4.nute deals. But by waiting so late to take action, it also means that most supplementals eventu- ally get approved (but perhaps reduced). By May the fiscal year is nearly 85% complete. There is little a program can do in the fiscal year's remaining two months to recover enough money to make up for most shortfalls. Recogniz- ing this, House Finance is consid- ering prompt action on both bills so programs denied funding will have time to take adequate ac- tion.) "Fast -Track" SB 57 and HB 137 total nearly $37.5 million-410.1 million for oil and gas litigation, $15.8 million for disasters, $11.3 million for Corrections, and $265,000 for troopers. Historically oil and gas litigation has been only partially funded because the Legislature wants the opportunity to reevalu- ate where the state is in its litiga- tion and if additional dollars are still needed. For Corrections, their request represents a $10.1 million increase above last year's budget. Over- crowding and corresponding court sanctions (another $1.6 million is requested in the "slow -track" supplemental to pay these fines) have put significant pressure on the system. However, parts of the request ($300,000 for Correctional Industries, including casket building, and $44, 500 for the Commissioner's Juneau office) are being questioned - "Slow -Track" HB 178, the "slow -track" supplemental, totals $34.7 million (highlights are noted below). The bill also adds $4.9 million to existing program funding levels, and provides $9 million to pay litigation costs and settlements. The bills are currently pending in the Finance Committees. Copies are available through your local Legislative Information Office. "Slow Track" Supplemental: $34.7 million Restores Operating Cuts • Restores $6.6 million in operating budget cuts including $2.5 million for the Tourism Marketing Council (a 33`7o increase above current funding) and $483.0 for Medicaid Optional Services which pays for services not covered by the Federal Medicaid program; these services were specifically cut out by the Legislature. Formula Program Growth • Formula -driven programs increase by $3.4 million including $2 million for K-12 school funding. Increased Transportation M & O • Adds $3.2 for DDT's maintenance and operations on highways and airports and takes $740,000 in interest earned by the Alaska Marine Highway System Fund from the general fund to the Marine Highway fund Funds Capital Projects • Provides $2.1 million for capital projects including $1.5 million for UAF building maintenance. (It is unusual for capital projects, outside of emergency - related construction, to be included in a supplemental). "Fiscal Notes" is a project of the Alaska Slate Chamber of Commerce. Information is compiled and written for the State Chamber by Cheryl Frasca. Comments and suggestions are welcome. Contact the Chamber' Anchorage office at 278-2722; fax 278-6643. Please copy and distribute "Fiscal Notes" to others interested Alaska State Chamber it M2/23/95 ©11:16 PM 3/3 * STATE CHAMBER OF COMMERCE A BUDGET UPDATE FROM THE ALASKA STATE CHAMBER Long Range Financial Planning Commission Nears Final Approval Alaska got a step closer to Alaskans interested in being income sources, prioritize sys- getting a long range financial considered for appointment temic changes to stabilize the plan in place when the Senate should contact Senator Pearce, state's revenues, and identify and approved House Concurrent Representative Phillips, or prioritize new revenue sources. Resolution 1 (HCR 1) on Febru- Governor Knowles. The other • Identify and prioritize major ary 14. By a vote of 12 to 7, the six members are two representa- reductions in state expenditures. Senate approved the resolution tives, two senators, and two • Evaluate forward funding of (it originally rejected the mea- executive branch officials. the budget and other budget sure by a vote of 9 to 7). It now Commission's Tasks process changes. awaits agreement by the House HCR 1 directs the commis- • Evaluate the impact of a in the changes made to HCR 1 sion to develop a sustainable long-range plan on state and local by the Senate. long-range financial plan for the government responsibilities. Business Support Key next three, five, and ten years. Timeframe Key to gaining senate ap- As part of this plan, it also HCR 1 specifies a prelimi- proval was two senators who directs the commission to: nary report will be due to the changed their vote: Robin • Review and evaluate Governor and Legislature by Taylor (R-Wrangell) and Judy previous fiscal policy and strat- Salo (D-Kenai). Both had voted egy recommendations other July 15, 1995. The final report against HCR 1 the first time, but organizations have made. is to be completed by October supported the resolution when • Evaluate all current state 1, 1995. given a second chance. Some capitol observers noted the active support of HCR 1 by Alaska's business community was important in persuading senators of the resolution's merits and made a difference in gaining final approval. Commission Members HCR 1 establishes a 15- member commission, with nine public members. The Senate President, House Speaker, and Governor will each select three. T\ FEB 25 '95 11:13 KPB/ECON. DEV. DIST.907 2e3 3913 EDD NewS Of Note: from, the desk, of the executive Director February 24,1995 Perhaps one of the most critical needs of the EDD at this point is to strengthen communications between the staff and the Board and the Board and their respective constituencies. In order to keep you abreast of what is going on at the staff level and around the region, I am initiating a weekly bulletin to be sent to you each Friday. Highlighted will be what has occurred over the last week and what is upcoming. Where possible, we will use the fax. Let me know how this works out. • February 27 is David Karp's last day as Executive Director of the Kenai Peninsula Tourism Marketing Council. He will immediately assume his new position as Executive Director of the Alaska Tourism Marketing Council based in Anchorage. He has done a terrific job in building this organization! Celeste Fenger of Homer and current President of the KPTMC will take a leave of absence from the KPTMC President position and serve as the Interim Executive Director of the organization until the job search is complete. • The newly formed Business Innovation Center Committee held its first meeting on February 13. Members of the EDD Board and other community members participated, with Tim Navarre as Chairman. Upcoming meetings are scheduled at 3 p.m. on February 27 and March 14. The grant application to U.S. EDA for $1 million toward the facility will go out on the 27th. This is for FY96 money. • Business Development Director, Bill Root, is back from training in how to manage a Small Business Development Center Sub -Center. He is ready for business under the new program. We anticipate having an open house to inaugurate this program in April. - The Healthy Communities -Healthy People Leadership Seminar was attended by 50 registrants today, with the Forum to be held tomorrow in Soldotna and Homer. Expect some innovations related to EDD interests to come out of this event. Seward's Partnership program is the Southeast's companion effort to HC-HP. I will be in Seward on March 1 (Harbor Dinner Club, 11:30 a.m.) to make a presentation to a joint meeting of the Port and Harbor Commission and Chamber of Commerce related to HC-HP, timber, and other EDD initiatives. • The EDD Retreat, March 3-4, promises to be an important event in establishing direction for the future. Packets are in the mail. Prior to the retreat, I will be meeting with the Erikson Group concerning the development of a new image (slogan, logo, public relations campaign). Think about this for discussion at the retreat. • Other news: The Affordable Housing Coalition met last week and will meet again on March 7, 2-4 p.m at Kenai City Hall. Bill and Lovelyn were in Anchorage on Thursday and Friday for training on forming a Community Housing Development Corporation. Plans will be made this week for meetings of the Volcano Interpretive Center and Ice Rink Task Forces. Completion date of the Natural Gas Study is scheduled for Mauch 31. We anticipate holding meetings in Seward and Homer to explain findings. Read today's article in the Clarion on Bill Stamps and Peak Oil Field Service. It highlights their efforts in Russia, an activity we facilitated through our American -Russian Center grant. Thanks for your support!! Stan Steadman Post-!t'" brand fax transmittal memo 7671 #-f pages • (Orn From E cc. c•. Dept. PIWIW # ,b or /� 1 1975 Serving Alaska for 20 years 1995 Resource DevielopmentC j 11 for Alaska, Inc. 121 West Fireweed Lane, Suite 250, Anchorage, Alaska 99503-2035 Phone 907/276-0700 Fax 276-3887 EXECUTIVE DIRECTOR Becky L. Gay 1994-95 EXECUTIVE COMMITTEE David J. Parish, President Elizabeth Rensch. Sr. Vice President Scott L. Thorson. Vice President Lyle Von Bargen. Secretary Allen Bingham, Treasurer Jacob Adams Cynthia Bailey Gerald G Booth Kelly M. Campbell James L. Cloud John Forceskie Mano Frey Paul S. Glavinovich Uwe L. Gross Roger C. Herrera Dan H. Keck Jerome M. Selby John Sturgeon William A. Thomas Mitch Usibelli James D Weeks DIRECTORS Will Abbott Irene A. Anderson Sharon E. Anderson Ernesta Ballard Richard F. Barnes Mark Begich William C. Behnke R. G. "Dick" Birkinshaw Rex I. Sishopp James E. Carmichael Thomas Cook Marilyn Crockett Larry Daniels James C. Dore James V. Drew Paula P. Easley Donald S. Follows Scott Goldsmith Arvid Hall John L. Harris Robert S. Hatfield, Jr. Joseph R. Henri Karen J. Hofstad William L. Hopper David W. Hughes Jim Jansen John T. Kelsey John A. Landrum Pete Leathard Wayne Lewis Dale R. Lindsey Robert W.Loescher Carl H. Marrs Howard McWilliams H. Raymond Measles Clarence "Rocky' Miller E. H. "Pete" Nelson John K. Norman Wilbur O'Brien Jamie Parsons Kenneth E. Peavyhouse Kenneth R. Pohle Stephen M. Rehnberg John A. L. Rense Dan Rowley Walt Schlotfeldt George R. Schmidt Thyes J. Shaub Heinrich "Henry" Springer R.B. Stiles Michael E. Stone Scott B. Thompson Barry D. Thomson Doug M. Webb J.C. Wingfield George P. Wuerch HONORARY DIRECTORS Phil R. Holdsworth William R. Wood EX-OFFICIO MEMBERS Senator Ted Stevens Senator Frank Murkowski Congressman Don Young Governor Tony Knowles February 23,1995 TO: ��'' �a /%/Z/ %,ems FROM: ec Gay and n Freeman Ros rce Development Council I Thank you for meeting with us on our recent trip to Kenai and SoT otna.+RDC works on many issues of significant importance to the Kenai Peninsula and these meetings help to further define common ground. The Resource Development Council (RDC) is a non-profit, membership funded organization made up of thousands of individuals, business associations, Native corporations and local governments. All of these interests work together for responsible development. RDC is a statewide organization that relies on its close ties with local communities. Your support and involvement gives RDC its strength and statewide presence. During our recent visit we had the opportunity to listen to many local concerns, further define the resource strengths of the Kenai Peninsula, and to brief others on what RDC is doing in education and issues of mutual interest. The recent trip to Kenai helped strengthen our understanding of Alaska communities and resource sectors, while helping develop common agendas for our state's future. If RDC may be of assistance to you or your community, please call. Moreover, if you have information that would be of interest to RDC, please forward it. You are invited to celebrate 20 years of advocating for the responsible development of Alaska's resources at RDC's 20th anniversary event, scheduled for March 3 at the Sheraton Hotel in Anchorage. Again, thank you for meeting with us. We look forward to seeing you soon. FEB 27 '95 11:29 FROM RDC FOR AK,INC. TO 19072833014 PAGE.002i002 RDC'S 20TH ANNIVERSARY CELEBRATION Friday, March 3, 1995 Sheraton Anchorage Hotel The Program GOVERNOR TONY KNOWLES Keynote Presentation A TOAST TO PAST PRESIDENTS Special Recognition "RDC: THE FIRST 20 YEARS" Premiere Showing GREAT MUSIC & DANCING Band_ Out of Control $75/Couple, $40 Single - Members $W/Couple, $50 Single - Non-members Cocktails 6:30, Goarnnet Dinner 7:30 Black Tic or Alaska Formal Commemorative Gifts for all Photo Displays Please mV by ?uesday, February 28: 907-276-0700 or Fax 907-276 3887 Gold Sponsors Alascom Alyeska Pipeline Service Co. ARCO Alaska, Inc. Arctic Slope Regional Corp. AGC / ACIAP Trust BP Exploration (Alaska), Inc. EXXON National Bank of Alaska Usibelli Coal Mine, Inc. Silver Sponsors Alaska Helicopters, Inc. Alaska Railroad CoTa Mon Anderson Tug & arge Cary of Valdez Cook Inlet gion, Inc. Deloitte & Touche, CPA's Echo Bay Mines Em Harbbm Aviation, aeon, Inc_ erprises, Inc_ KN oiman, et al. peninsula Kodiak Island B Koncor Forest Products Company KPMG Peat Marwick Labarers Local #341 ted NC=_ ley Tours Sealaslca Teams&= Local Tesoro Alaska Petroleum Co. VECO pacifion Yukon c 'on ** TOTAL PAGE.002 ** CITY OF KENO f19 _ I1 C9d CapiW 44L.. 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 _ FAX 907-283-3014 1II�I1 1992 To: Honorable Mayor Williams & Kenai City Council From: Thomas J. Manninen, City Manager-7w Date: March 1, 1995 RE: Kenai's Proposed Ambulance Fee Schedule: Four Options, Memo's dated March 1, 1995 for April 51 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:\WPD0CS\TJN\AM8ULANC.3 CITY OF KENAI ►► cd eat 4 4&&4a11 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 bylytyl 1�III� i"a MEMORANDUM 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 $1,000. 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:\NPD0CS\TJM\AM8ULANC.RSD MEMORANDUM Date: February 10, 1995 From: IY' David C. Burnett, Fire Chief To: Thomas J. Manninen, City 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: OPTION II: PROPOSED PROPOSED BILLING LEVEL AVG PATIENTS/YR FEE I 430 $ 100 II 65 200 III 8 750 IV 8 1,500 Totals: 511 Patient Miles: 5,621 X $4.50 per mile Estimated Gross Billings: $218,794.50 POSSIBLE REVENUES $ 43,000.00 13,000.00 6,000.00 12,000.00 $ 74,000.00 $ 25,294.50 $ 99,294.50 Page 2 Estimated Revenues February 10, 1995 OPTION III• PROPOSED BILLING LEVEL for Billing PROPOSED POSSIBLE AVG PATIENTS/YR FEE REVENUES I 430 $ 325 $139,750.00 II & III 73 550 40,150.00 IV 8 750 8,000.00 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 22, 1995 From:�1David C. Burnett, Fire Chief To: Thomas J. Manninen, City 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. 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 8 750 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 OPTION IV• PROPOSED PROPOSED POSSIBLE BILLING LEVEL AVG PATIENTS/YR FEE REVENUES I 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 3 Estimated Revenues for Billing February 22, 1995 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. Information Items March 1, 1995 Kenai City Council Meeting 1. 2/21/95 ICMA letter of congratulations to Kim Howard and award certificate for the completion of the Effective Local Government Manager course. 2. 2/16/95 KK letter to George Church, DOT regarding Kenai Spur Highway street lights. 3. 1/26/95 Frank Muncy letter regarding Rural Economic & Community Development loan funds with comments from Finance Director Brown. 4. 2/14/95 Department of Natural Resources Notice of the issuance of the preliminary finding under AS 38.05.035(e) regarding proposed oil and gas lease, Sale 80 (Shaviovik). 5. 2/17/95 Alaska Municipal League, Legislative Bulletin. 6. NPDES Permit Violation Speech; Fact Sheet; Cook Inlet Scientific Studies Summary; EPA News Release; New Operational Procedures Address on -Compliance Issue; AOGA Technical Fact Sheet Nos. 93-1, 95-2, 93-3, 93-4, 93-5, 93- 6; Facts About Cook Inlet Offshore Discharges; and, Populations. 7. January/February 95 National Civic League, Civic Action/ 8. 2/22/95 RC memorandum to TJM regarding safety program update. 9. 2/22/95 version of the Kenai Peninsula Borough Ordinance No. 94-52. 10. 2/22/95 DM memorandum with attached 1994 Police Activities Report. 11. 2/16/95 U.S. Army Corps of Engineers Public Notice of Application for Permit - Kenai River 302. 12. 2/22/95 Department of Natural Resources Call for Comments - Proposed Oil and Gas Lease Sale 74W, Cook Inlet. 13. 2/6/95 Alaska State Chamber of Commerce, Fiscal Notes articles. 14. 2/21/95 Alaska State Chamber of Commerce, Fiscal Notes articles. 1791 - 1"i CM OF KENAI. T Capdat o6 4(vAd FAX TO FROM 210 Fidalgo, Suite 200 K-enni.-Alaska 99611-7794 Phone 907-293-7535 Fax 907-283-3014 Date— 112 / )4 / :-�T- Number of PjLg"----. AGENDA RENAI CITY COUNCIL - REGULAR MEETING MARCH 1, 1995 7:00 P.M. RENAI CITY COUNCIL CHAMBERS B. SCHEDULED PUBLIC COMMENT (10 Minutes) C. PUBLIC HEARINGS 1. Ordinance No. 1628-95 - Increasing Estimated Revenues and Appropriations by $73,500 in a New Capital Project Fund Entitled "C.A.P. Taxiway and Apron." 2. Ordinance No. 1629-95 - Increasing Estimated Revenues and Appropriations by $40,000 in the General Fund for Legal Expenses Related to Inlet Woods Special Assessments. 3. Ordinance No. 1630-95 - Increasing Estimated Revenues and Appropriations by $11,243 in the General Fund for Additional Overtime and Benefits in Several Public Works Departments. 4. Ordinance no. 1631-95 - Amending KMC 11.20.160(a)(2) to Set Lease Rates of Tidelands at Six Percent (6%) of Fair Market Value and to Clarify Meaning. 5. Ordinance No. 1632-95 - Establishing KMC 11.20.790 Setting the Annual Lease Rate of Shore Fishery Tidelands at $300 and Setting policy for Shore Fishery Tideland Leases. 6. Resolution No. 95-7 - Transferring $3,100 in the General Fund for Additional Transportation Expenses in the City Manager Department. 7. Resolution No. 95-11 - Transferring $1,505 in the General Fund for Travel Expenses for Attendance at a Maintenance and Repair Seminar on Fire Aerial Devices. 8. Resolution No. 95-12 - Awarding a Contract to Applied Concepts, Inc. for the Purchase of Four Hand -Held Police Traffic Radars. 9. Conditional Protest Release and 1995-96 Liquor License Renewal - Rainbow Bar and Grill 10. *1995/96 Liquor License Renewal - Peninsula Oilers - Recreational Site. 11. *1995/96 Liquor License Renewal - BPO Elks Lodge #2425 - Club. 12. *ABC Application for Restaurant Designation Permit - Mr. D's - Beverage Dispensary. 13. *1995 Games of Chance and Contests of Skill Permit Application - Alaskan Independence Party. 14. *1995 Games of Chance and Contests of Skill Permit Application - Mt. View Elementary School PTA. 15. *1995 Games of Chance and Contests of Skill Multiple - Beneficiary Permit Application - Multiple Charities Association Co -Op. The public is invited to attend and participate. Carol L. Freas City Clerk MAYOR'S REPORT MARCH 11 1995 COUNCIL MEETING REQUESTED CHANGES TO THE AGENDA BY: ADD TO: I-1, Mayor's Report - a. 3/1/95 Draft letter to public. b. 2/17/95 CRG opinion. WILLIAMS ADD AS: Information Item No. 15 - Economic Development District, EDD News of Note: from the desk of the Executive Director. MANNINEN ADD AS: Information Item No. 16 - Resource Development Council for Alaska, Inc. letter of 2/23/95. MANNINEN ADD AS: Information Item No. 17 - 3/1/95 TJM memorandum regarding Proposed Ambulance Fee Schedule and attachments. MANNINEN CHANGES TO THE CONSENT AGENDA ADD TO: C-15, 1995 Games of Chance and Contests of Skill Multiple -Beneficiary Permit Application - Multiple Charities Association Co -Op: a. Alaska Administrative Code, 12 AAC 34.200 b. 3/1/95 American Legion letter FREAS/ WILLIAMS ADD AS: C-161 1995 Games of Chance and Contests of Skill Permit Application - Alaska Independent Blind APPLICANT MAYOR'S REPORT COUNCIL PACKET DISTRIBUTION COUNCIL MEETING DATE: 4 -lmf Mayor and Council Attorney '/ Fire Department / City Manager c/ Police Department Senior Center Library Parks & Rec. `/ AGENDA DISTRIBUTION Borough Clerk Assembly (3) Public Wks. Sec. Public Wks. Shop Bldg. Maintenance_ Bldg. Official Streets Anchorage News_ Dan Conetta, KPB Planning Dept._ Bulletin Board Finance Public Works Airport Chamber HEA Animal Cont Dock (Seaso STP Legal Sec. HEA KSRM Cen.Labor ARCO Clerk K. Woodford J. La Shot B. Springer L. Harvey _ Kim Clarion Airport( Aging(LH) 1 Library( ) Harbor( ) Pks & Re (LH) P&Z(LH) 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.