HomeMy WebLinkAbout1994-12-07 Council PacketKenai City Council
Meeting Packet
December 7, 1994
A.
B.
C.
AGENDA
RENAI CITY COUNCIL - REGULAR MEETING
DECEMBER 7, 1994
7:00 P.M.
RENAI CITY COUNCIL CHAMBERS
STUDENT GOVERNMENT DAY
STUDENT AGENDA
CALL TO ORDER
1. Pledge of Allegiance
2. Roll Call
3. Agenda Approval
4. Consent Agenda
*All items listed with an asterisk (*) are considered
to be routine and non -controversial by the Council and
will be approved by one motion. There will be no
separate discussion of these items unless a Council
Member so requests, in which case the item will be
removed from the Consent Agenda and considered in its
normal sequence on the agenda as part of the General
Orders.
SCHEDULED PUBLIC COMMENT (10 Minutes)
PUBLIC HEARINGS
1. Ordinance No. 1615-94 - Amending Subdivision
Regulations Section 14.10.010 General of the Municipal
Code.
2. Ordinance No. 1616-94 - Increasing Estimated Revenues
and Appropriations by $22,475 in the General Fund for
Traffic Enforcement Equipment.
3. Resolution No. 94-76 - Supporting the State of Alaska,
Department of Natural Resources, Division of Oil and
Gas, Proposed oil and Gas Lease Sale 85A, Cook Inlet
Exempt.
4. Resolution No. 94-77 - Transferring $17,700 in the
Airport Terminal Fund for Refurbishing the Airline and
Car Rental Counters.
5. Resolution No. 94-78 - Awarding the Bid for
Refurbishing the Airline and Car Rental Counters at
Kenai Municipal Airport to Se'Ana Cabinets for a Lump
Sum Amount of $17,700.00.
-1-
D.
E.
6. Resolution No. 94-79 - Authorizing the City Manager,
Thomas J. Manninen, to Submit to the State of Alaska an
Application for a Federal Grant for a Historical
Survey/Inventory in the Townsite Historic District of
Kenai, Alaska.
7. *1995 Games of Chance and Contests of Skill Permit
Application - Kenai Peninsula Builders Association.
8. *1995 Games of Chance and Contests of Skill Permit
Application - Fraternal Order of Eagles #3525.
9. *1995 Games of Chance and Contests of Skill Permit
Application - Kenai Peninsula Fishermen's Association.
10. *1995 Games of Chance and Contests of Skill Permit
Application - American Legion Auxiliary, Kenai Unit 20.
11. *1995 Games of Chance and Contests of Skill Permit
Application - Peninsula Oilers Baseball Club, Inc.
12. *1995 Games of Chance and Contests of Skill Permit
Application - Peninsula Oilers Booster Club.
13. *1995 Games of Chance and Contests of Skill Multiple -
Beneficiary Permit Application - Peninsula Oilers
Baseball Club, Inc.
STUDENT COUNCIL AND ADMINISTRATION REPORTS
1. Mayor
2. Councilmembers
3. City Manager
4. City Attorney
5. City Clerk
6. Finance Department Representative
7. Public Works Director
8. Airport Manager
9. Fire Chief
10. Animal Control Officer
11. Water/Sewer Foreman
12. Librarian
13. Parks & Recreation Director
14. Police Chief
STUDENT MEETING ADJOURNMENT
-2-
A.
B.
C.
AGENDA
KENAI CITY COUNCIL - REGULAR MEETING
DECEMBER 7, 1994
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
STUDENT GOVERNMENT DAY
CALL TO ORDER
1. Pledge of Allegiance
2. Roll Call
3. Agenda Approval
4. Consent Agenda
*All items listed with an asterisk (*) are considered
to be routine and non -controversial by the Council and
will be approved by one motion. There will be no
separate discussion of these items unless a Council
Member so requests, in which case the item will be
removed from the Consent Agenda and considered in its
normal sequence on the agenda as part of the General
Orders.
SCHEDULED PUBLIC COMMENT (10 Minutes)
PUBLIC HEARINGS
1. ordinance No. 1615-94 - Amending Subdivision
Regulations Section 14.10.010 General of the Municipal
Code.
2. Ordinance No. 1616-94 - Increasing Estimated Revenues
and Appropriations by $22,475 in the General Fund for
Traffic Enforcement Equipment.
3. Resolution No. 94-76 - Supporting the State of Alaska,
Department of Natural Resources, Division of Oil and
Gas, Proposed Oil and Gas Lease Sale 85A, Cook Inlet
Exempt.
4. Resolution No. 94-77 - Transferring $17,700 in the
Airport Terminal Fund for Refurbishing the Airline and
Car Rental Counters.
5. Resolution No. 94-78 - Awarding the Bid for
Refurbishing the Airline and Car Rental Counters at
Kenai Municipal Airport to Se'Ana Cabinets for a Lump
Sum Amount of $17,700.00.
-1-
6.
Resolution No. 94-79 - Authorizing the City Manager,
Thomas J. Manninen, to Submit to the State of Alaska an
Application
for a Federal Grant for a Historical
Survey/Inventory in the Townsite Historic District of
Kenai, Alaska.
7.
*1995 Games
of Chance and Contests of Skill Permit
Application
- Kenai Peninsula Builders Association.
8.
*1995 Games
of Chance and Contests of Skill Permit
Application
- Fraternal Order of Eagles #3525.
9.
*1995 Games
of Chance and Contests of Skill Permit
Application
- Kenai Peninsula Fishermen's Association.
10.
*1995 Games
of Chance and Contests of Skill Permit
Application
- American Legion Auxiliary, Kenai Unit 20.
11.
*1995 Games
of Chance and Contests of Skill Permit
Application
- Peninsula Oilers Baseball Club, Inc.
12.
*1995 Games
of Chance and Contests of Skill Permit
Application
- Peninsula Oilers Booster Club.
13.
*1995 Games
of Chance and Contests of Skill Multiple -
Beneficiary
Permit Application - Peninsula Oilers
Baseball Club, Inc.
D. COMMISSIONfCOMMITTEE 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 November 23, 1994.
F. CORRESPONDENCE
None.
G. OLD BUSINESS
1. Resolution No. 94-70 - Transferring $4,903 in the
General Fund for Compensation to the Acting City
Manager.
-2-
2. Discussion - Machinery Exhibit Building.
3. Discussion - Snow Removal Policy.
4. Discussion - Draft Ordinance Amending the Kenai
Municipal Code to Formalize City Policy Regarding
Authority of the Finance Director to Control
Disbursements and Expenditures.
H. NEW BUSINESS
1. Bills to be Paid, Bills to be Ratified
2. Purchase Orders Exceeding $1,000
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.
-3-
MAYOR'S REPORT
DECEMBER 7, 1994 COUNCIL MEETING
ADDITION/CHANGE
OIIESTED
CHANGES TO THE'AGENDA RERE
ADD TO: G-3 (Snow Removal Discussion) -- KK memorandum
regarding consequences of citizens plowing snow
into city streets, etc. KORNELIS
ADD TO: G-3 (Snow Removal Discussion) -- K. Scott letter
of 12/7/94 regarding snow removal from sidewalks,
intersection berms and driveway berms. FREAS
MOVE: G-3 (Snow Removal Discussion) TO IMMEDIATELY
AFTER STUDENT COUNCIL AND ADMINISTRATION REPORTS
(ITEM D ON THE STUDENT COUNCIL AGENDA). WILLIAMS
ADD TO: H-2 (Purchase Orders Over $1,000) - Purchase order
to Regal Interiors for replacement carpet and
installation of vinyl floor/bathroom in one
apartment at Congregate Housing Facility. PORTER
ADD AS: H-3, Discussion - Capital Improvements List
Brochure
CHANGES TO THE CONSENT AGENDA
MAYOR'S REPORT DISCUSSION
RORNELIS
ADDITION/CHANGE
REQUESTED
BY:
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TO: Department Heads
FROM: Carol L. Freas, City Clerk
City of Kenai
DATE: December 2, 199
RE: STUDENT GOVERNMENT DAY
Wednesday, December 7, 1994 has been set as Student Government
Day for Kenai Central High School and the City of Kenai.
As has been done in the past, the students will be meeting with
Mayor Williams at 9:00 a.m. at City Hall for an overview of City
government, specific department responsibilities, and assignment
of positions. The Mayor has requested that the following people
be attendance at this time:
Fire Chief Burnett
Police Chief Morris
Airport Manager Ernst
Librarian DeForest
Finance Department
Represenative
City Manager Manninen
City Clerk Freas
City Attorney Graves
Public Works Director Kornelis
Parks/Rec. Director McGillivray
Senior Center Director Porter
At 9:30 a.m., the students will begin a tour of the City
facilities. The students then will be taken to lunch. After
lunch (between 1:00 and 2:00 p.m.), the students will meet with
their department head counterparts for an explanation of their
departments.
The Mayor, City Manager, Attorney and Clerk will meet with
their's and the Council's student counterparts at 5:45 p.m. and
discuss procedures for conducting the students' council meeting.
The students will have a shortened agenda for their portion of
the meeting. After the students' meeting has adjourned, the
regular council meeting will commence.
A copy of the day's agenda is attached. A list of student
representatives will be distributed to you as soon as they are
received.
clf
GOVERNMENT DAY SCHEDULE
9:00-9:30 a.m. Meet in the Council Chambers with the
students, Administration and employees
designated for a student counterpart.
9:30-11:45 a.m. Tour of city facilities.
11:45-1:00 p.m. Return of students to City Hall and
transport to Kenai Merit Inn for lunch.
1:00-2:00 p.m. Students and couterparts meet back at
City Hall. Student goes with their
department counterpart and learn about
the workings of the department/city.
2:05 p.m. Return of students to school.
5:45 p.m. Students meet at City Hall to run
through the meeting agenda prior to the
7:00 p.m. meeting.
0-/
SUggEatcu uy.
Planning & Zoning
CITY OF KENAI
ORDINANCE NO. 1615-94
AN ORDINANCE OF THE CITY OF KENAI AMENDING SUBDIVISION REGULATIONS
SECTION 14.10.010 GENERAL OF THE KENAI MUNICIPAL CODE.
WHEREAS, KMC 14.10.010 deals with general subdivision regulations for the City of
Kenai; and,
WHEREAS, KMC 14.10.010 reads:
Each subdivider of land should confer with the borough planning department
before preparing a preliminary subdivision plan in order to become
thoroughly familiar with the subdivision requirements and with the proposals
of the city plan affecting the territory in which the proposed subdivision lies.
WHEREAS, the Kenai Peninsula Borough adopted an ordinance amending KPB
20.12.050, entitled Revising Subdivision in First Class or Home Rule City, by Revising the
Review Procedures of Subdivision Plats Within First Class or Home Rule Cities; and,
WHEREAS, the City of Kenai has recognized the provisions of Ordinance 26 of the Kenai
Peninsula Borough code regarding subdivisions, and should incorporate changes thereof.
NOW, THEREFORE, BE IT RESOLVED, that the Planning and Zoning Commission
recommends the Kenai City Council amend section 14.10.010 to read:
[EACH SUBDIVIDER OF LAND SHOULD CONFER WITH THE BOROUGH PLANNING
DEPARTMENT BEFORE PREPARING A PRELIMINARY SUBDIVISION PLAN IN
ORDER TO BECOME THOROUGHLY FAMILIAR WITH THE SUBDIVISION
REQUIREMENTS AND WITH THE PROPOSALS OF THE CITY PLAN AFFECTING THE
TERRITORY IN WHICH THE PROPOSED SUBDIVISION LIES.]
A. Preliminary plats showing a subdivision of land, or a replat caused by proposed
vacation of public right-of-way, lying within the corporate boundary of a first class
or home rule city shall be first submitted to the appropriate city for review prior to
submittal of the plat to the Kenai Peninsula Borough Planning Department. In
such instances, the City Planning Commission shall have 49 days from the receipt
in which to review the preliminary plat and take action.
B. The preliminary plat submitted to the city shall comply with the requirements of
sections 20.12.060 and 20.12.070 of the Kenai Peninsula Borough Code.
KMC Ordinance 1615-94: Page 2.
C. The City Planning Commission and if necessary other appropriate municipal
departments, shall review the plat or replat of a proposed vacation action and
prepare written comments which shall be included with the submittal of the plat to
the borough. The subdivider bears the responsibility for presentations to and
discussions with, the city so that the final plat will conform to lawful ordinances and
requirements of said city.
D. Final plats submitted to the Borough for approval will be submitted by the Borough
to said city for review when the design deviates from the preliminary plat in a
manner which has not been recommended by the city. In such instances the City
Planning Commission shall have 49 days from the date of receipt in which to
review the final plat and take action.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of
December, 1994.
ATTEST:
Carol L. Freas, City Clerk
JOHN J. WILLIAMS, MAYOR
First Reading: November 23, 1994
Second Reading: December 7, 1994
Effective Date: January 7, 1995
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION PZ 94-58
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION RECOMMENDING
THE KENAI CITY COUNCIL AMEND SUBDIVISION REGULATIONS SECTION
14.10.010 GENERAL OF THE KENAI MUNICIPAL CODE.
WHEREAS, KMC 14.10.010 deals with general subdivision regulations for the City of
Kenai; and,
WHEREAS, section 14.10.010 reads:
Each subdivider of land should confer with the borough planning department before
preparing a preliminary subdivision plan in order to become thoroughly familiar with the
subdivision requirements and with the proposals of the city plan affecting the territory in
which the proposed subdivision lies.
WHEREAS, the Kenai Peninsula Borough adopted an ordinance amending KPB
20.12.050, entitled Revising Subdivision in First Class or Home Rule City, by Revising the
Review Procedures of Subdivision Plats Within First Class or Home Rule Cities; and,
WHEREAS, the City of Kenai has recognized the provisions of Ordinance 26 of the Kenai
Peninsula Borough code regarding subdivisions, and should incorporate changes thereof.
NOW, THEREFORE, BE IT RESOLVED, that the Planning and Zoning Commission
recommends the Kenai City Council amends section 14.10.010 to read:
[EACH SUBDIVIDER OF LAND SHOULD CONFER WITH THE BOROUGH PLANNING
DEPARTMENT BEFORE PREPARING A PRELIMINARY SUBDIVISION PLAN IN
ORDER TO BECOME THOROUGHLY FAMILIAR WITH THE SUBDIVISION
REQUIREMENTS AND WITH THE PROPOSALS OF THE CITY PLAN AFFECTING THE
TERRITORY IN WHICH THE PROPOSED SUBDIVISION LIES.]
A. Preliminary plats showing a subdivision of land or a replat caused by proposed
vacation of public right-of-way, lying within the corporate boundary of a first class
or home rule city shall be first submitted to the appropriate city for review prior to
submittal of the plat to the borough planning department In such instances the
City Planning Commission shall have 49 days from the receipt in which to review
the preliminary plat and take action.
B. The preliminary plat submitted to the city shall comply with the requirements of
sections 20.12.060 and 20.12.070 of the Kenai Peninsula Borough Code
PZ Resolution Page 2.
C. The planning commission and, if necessary other appropriate municipal
departments. shall review the plat or replat of a proposed vacation action and
prepare written comments which shall be included with the submittal of the plat to
the borough. The subdivider bears the responsibility for presentations to and
discussions with, the city so that the final plat will conform to lawful ordinances and
reguirem ents of said city-
-
D. Final plats submitted to the borough for approval will be submitted by the borough
to said city for review when the design deviates from the preliminary plat in a
manner which has not been recommended by the city. In such instances the
planning commission shall have 49 days from the date of receipt in which to review
the final plat and take action.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, the day of , 1994.
CHAIRMAN
ATTEST
L retta Harvey, Acoinistrative Assistant
NOV- 4-94 FRI 10:02 KPB CLERK FAX NO. 9072628615 P.01
Introduced by;
Mayor
Date:
03/01/94
Hearing:
04/05/94
Action:
1.-",meted as Amended
Vote:
Unanimous
KENAI PENINSULA BOROUGH
ORDINANCE 94-10
AN ORDINANCE AMENDING KPB 20.12.050, SUBDIVISION IN FIRST CLASS OR
HOME RULE CITY, BY REVISING THE REVIEW PROCEDURES OF
SUBDIVISION PLATS WITHIN FIRST CLASS OR HOME RULE CITIES
WHEREAS, proposed subdivisions and petitions to vacate public rights -of -way within first
class or home rule cities must be reviewed by the affected city's planning
commission and their comments concerning those proposed actions are a
necessary part of the KPB Planning Commission's final approval; and
WHEREAS, due to different schedules of the affected cities and KPB Planning Commission
meetings, the comments from the cities often arrive after the KPB Planning
Commission has considered the proposed subdivision or vacation petition; and
WHEREAS, the KPB Planning Commission has expressed their desire for the affected city's
comments to be included in staff reports regarding proposed subdivisions and
vacation petitions; and
WHEREAS, the cities of Homer, Kenai, and Soldotna have requested that preliminary plats be
submitted to their respective planning commissions prior to submittal to the
Borough Planning Commission; and
WHEREAS, the Borough Planning Commission in its regular session on February 14, 1994
recommended enactment by unanimous consent;
NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KENAI
PENINSULA BOROUGH:
SECTION 1. That KPB Code Section 20.12.050 is amended to read:
20.12.050. Subdivision or Replat in First Class or Home Rule City Submittal Procedure.
A. Preliminary plats showing a subdivision of land, or a replat caused by a proposed
vacation of public right-of-way, lying within the corporate boundary of a first class or home rule
city shall be first submitted to the appropriate city for review prior to submittal of the plat to the
Borough Planning Department. In such instances, the city advisory planning commission shall
Kenai Peninsula Borough, Alaska Ordinance 94-10
Page 1 of 2
NOV- 4-94 FRI 10:03 KPB CLERK FAX NO, 9072628615 P,02
have 49 days from the date of receipt in which to review the preliminary plat and take action.
B. The preliminary plat submitted to the city shall comply with the requirements of
Sections 20,12.060 and 20.12.070.
C. The city advisory planning commission and, if necessary, other appropriate
municipal departments, shall review the plat or replat of a proposed vacation action and prepare
written comments which shall be included with the submittal of the plat to the Borough. The
subdivider bears the responsibility for presentations to, and discussions with, the city so that the
final plat will conform to lawful ordinances and requirements of said city.
D. Final plats submitted to the Borough for approval will be submitted by the
Borough to said city for review when the design deviates from the preliminary plat in a manner
which has not been recommended by the city. In such instances, the city advisory planning
commission shall have 49 days from the date of receipt in which to review the final plat and take
action.
Section 2. That this ordinance shall take effect immediately upon its enactment.
ENACTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH THIS 5th
DAY OF APRIL, 1994.
A'-, J. z'
Betty J. tc Assembly President
ATTEST;
ye IOughan, rough Clerk
Kenai peninsula Borough, Alaska Ordinance 94-10
Page 2 of 2
DATE:
TO:
FROM:
KENAI PENINSULA BOROUGH
144 N. BINKLEY . SOLDOTNA, ALASKA . 99669-7599
'0111
BUSINESS (907) 262-4441
February 22, 1994
Land Surveyors, Subdividers and
Robbie Harris, Platting Officer
Planning Department
Parties
DON GILMAN
MAYOR
SUBJECT: Kenai Peninsula Borough Ordinance 94-10: AMENDING KPB 20.12.050
REVISING SUBDIVISION IN FIRST CLASS OR HOME RULE CITY,
BY REVISING PROCEDURES OF SUBDIVISION PLATS WIT13IlN1
FIRST CLASS OR HOME RULE CITIES
Referenced Ordinance, copy attached, will be introduced to the Assembly of the Kenai Peninsula
Borough on March 1, 1994.
Public hearing on proposed Ordinance 94-10 will be held before the Assembly on April 5, 1994.
The cities of Homer, Kenai and Soldotna having requested that preliminary plat be submitted to
their respective planning commissions prior to submittal to the Borough Planning Commission
will be supporting the enactment of this ordinance.
If enacted, Ordinance 94-10 will become effective the date nr enactment.
�' Imo\ KENA1 PENINSULA a0P0Ur=H
144 N. BINKLEY • SOLOOTNA, ALASKA • 99669.7599
BUSINESS (907) 262-4441
DON GILMAN
MAYOR
MEMORANDUM
TO: Betty Glick, Assembly President
Kenai Peninsula Borough Assembly Members
TBRU: Don Gilman, Borough Mayor
FROM: Richard P. Troeger, Planning Director
DATE: February 14, 1994
SUBJECT: Ordinance 94-10
In accordance with the present version of the subdivision ordinance the review and approval process
for all subdivision plats within the Borough, including those plats within first class or home rule cities,
begins by submitting a preliminary plat to the Borough Planning Department. Upon receipt of a plat
lying within a may, the Planning Department transmits copies of the plat to the affected city for review
and comments by their planning commission and other municipal departments.
Also upon submittal of the preliminary plat to the Borough, the KPB platting officer begins a review
and prepares a report with recommendations for consideration by the KPB Planning Commission.
Frequently the comments from affected cities do not arrive in time to be included in the report
fiunished to the KPB Planning Commission. This is not a fault of either the city or Borough staff but
is a result of conflicting meeting schedules of the respective planning commissions. There may be
cases when the subdivision or replat activity may be complex at the city level and additional time is
needed to negotiate issues between the city and the subdivider.
The KPB Planning Commission is the final plat authority for all subdivisions. However,
recommendations based upon lawful ordinances of the affected city must be incorporated into the
final plat. The KPB Planning Commission has found it necessary at times to postpone action on
platting activities until city recommendations have been received.
Ordinance 94-10 would eliminate schedule conflicts by requiring subdivision and replatting activities
be first submitted to the appropriate city and further that the ci&s recommendations be included in
the submittal package to the Borough.
The KPB Planning Commission reviewed Ordinance 94-10 at its regularly scheduled meeting of
February 14, 1994.
Suggested by: Police ...��_
City of Kenai
ORDINANCE NO. 1616-94
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA
INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $22,475
IN THE GENERAL FUND FOR TRAFFIC ENFORCEMENT EQUIPMENT.
WHEREAS, the City of Kenai has received a grant from the
State of Alaska, Highway Safety Planning Agency for traffic
radar units, patrol camera systems, and alcohol sensors; and
WHEREAS, the grant requires no City match.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA, that estimated revenues and appropriations be
increased as follows:
General Fund
Increase Estimated Revenues:
State Grants - General 22 475
Increase Appropriations:
Police - Small Tools &
Minor Equipment $ 1,920
Police - Machinery &
Equipment 20,555
22 475
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th
day of December, 1994.
JOHN J. WILLIAMS, MAYOR
ATTEST:
Carol L. Freas, City Clerk
Introduced:
Adopted:
Effective:
Approved by Finance: cg,2
(11/14/94)
kl
November 23, 1994
December 7, 1994
December 7, 1994
TO: Charles Brown
Finance Director
FROM�;o Dan Morris
Chief of Police
DATE: November 2, 1994
SUBJECT: Grant
The Police Department has received a grant from the Highway
Safety Planning Agency for the following traffic enforcement
equipment:
2
Dual antenna radars
$3, 395
$
6,790
4
Portable radars
$1,885
$
7,540
3
Patrol camera systems
$2, 075
$
6,225
3
Portable alcohol sensors
$ 640
$
1,920
Total: $22, 475
The grant requires an expenditure of funds followed by a request
for reimbursement. The grant approval letter from Highway Safety
is attached.
I am requesting an ordinance to transfer $20,555 to Machinery and
Equipment, and $1,920 to Small Tools. Please contact me if you
have any questions.
DLM: lrr
WALTER J. HICKEL, GOVERNOR
DEPARTMENT OF PUBLIC SAFETY
HIGHWAY SAFETY PLANNING AGENCY
October 24, 1994
Chief of Police
Daniel L. Morris
Kenia Police Dept.
107 South Willow St.
Kenai, Alaska 99611
Richard L. Burton
Commissioner
P.O. BOX 111200
JUNEAU, ALASKA 99811-1200
PHONE: (907) 465-4371
FAX (907) 463-5860
Re: Project Name: Traffic Enforcement Equipment
Project No: PT 95-04-11 G
Project Dates: October 24, 1994 through September 30, 1995
Dear Chief Morris:
The Highway Safety Planning Agency (HSPA) is pleased to advice you that the enclosed
grant you submitted for the purpose of purchasing traffic enforcement equipment has been
approved. This letter is your authorization to proceed with the purchase of 6 radar units
$14,330.00, 3 Police Video Systems $6,225.00 and 3 Alco check PBT units $1920.00. Total costs
up to $22,475.00 will be reimbursed for the purchase of all items. Grants may not cover
frei ht or labor charges.
After the equipment has been purchased, in order to receive reimbursement you must submit
the following:
1. A written statement on letterhead from you that the items purchased were
received complete and in good condition.
2. A copy of the paid invoice(s) for the equipment.
3. A copy of the canceled check, front and back, used to pay the vendor.
All request for reimbursement must be received at this agency before September 30, 1995.
Reimbursement usually takes 30-45 days following receipt and approval of required
documents. Communities are expected to keep records available to indicate use of the items
purchased under this program.
We look forward to working with you on this project. Please call me at 465-4371 if I can
assist you in any way.
Sincerely,
Lorn M. Campbell
Administrator
Highway Safety Planning Agency
pnnlea on recycled parer b ;: _
� j
MEMORANDUM
TO: Mayor Williams and City Council
THROUGH: Kim Howard, Acting City Manager
FROM: Keith Kornelis, Public Works Director
DATE: November 30, 1994
SUBJECT: DNR - Proposed Oil and Gas Lease Sale 85A
FOR: City Council meeting of December 7, 1994
Attached is Resolution No. 94-76 which gives the City Council's support to DNR's
proposed Oil and Gas Lease Sale 85A, Cook Inlet Exempt. Tom Manninen asked me
to prepare this resolution.
Kim Howard and Cary Graves have reviewed this resolution as per the attached
memorandum.
Please make any changes to this resolution that you deem appropriate after hearing
public comments and discussions.
KK/kw
MEMORANDUM
TO: `,Kim Howard, Acting City Manager
Cary Graves, City Attorney
FROM: Keith Komelis, Public Works Director 02
DATE: November 30, 1994
SUBJECT: DNR - Proposed Oil and Gas Lease Sale 85A
Attached is the subject resolution that Tom wanted me to prepare for the City Council
meeting of 1217/94.
I am sure that Council will make any changes to the resolution they deem appropriate
after hearing all public comments.
I would, however, like to start with a resolution that is basically in line with the City
Council's opinion.
Therefore, would you please read it carefully and make any corrections, additions, or
deletions you think are appropriate before it is given to Council.
KK/kw
Suggested by: City Council
CITY OF KENAI
RESOLUTION NO. 94-76
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA,
SUPPORTING THE STATE OF ALASKA, DEPARTMENT OF NATURAL RESOURCES,
DIVISION OF OIL AND GAS, PROPOSED OIL AND GAS LEASE SALE 85A, COOK
INLET EXEMPT.
WHEREAS, the Council of the City of Kenai supports the State of
Alaska's proposed Oil and Gas Lease Sale 85A, Cook Inlet Exempt
which consists of a sale area of approximately 1,370,000 acres; and
WHEREAS, by virtue of this resolution, the city is conducting a
public hearing on the proposed Oil and Gas Lease Sale 85A, Cook
Inlet Exempt; and
WHEREAS, the City Council has considered any input received from
the Alaska Department of Fish and Game, Federal Interior Department
of Fish and Wildlife Services, commercial and sport fishing
interests, federal, state and local historic and cultural
interests, Kenai citizens, and others; and
WHEREAS, the Council does not see any substantial negative effects
of this proposed lease sale and the subsequent oil and gas
exploration, development, production, and transportation; and
WHEREAS, the Council does not believe there would be a negative
effect on the environment, including air and water quality as a
result of this lease sale; and
WHEREAS, the Council believes this oil and gas lease sale will have
a positive effect on our community, local economy, and way of life.
NOW, THEREFORE, BE IT RESOLVED THAT THE COUNCIL OF THE CITY OF
KENAI, ALASKA, supports the State of Alaska, Department of Natural
Resources, Division of Oil and Gas, proposed Oil and Gas Lease Sale
85A, Cook Inlet Exempt.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of
December, 1994.
JOHN J. WILLIAMS
ATTEST:
Carol L. Freas, City Clerk
Written by Public Works:
/kw/11/94
DEPT. OF NATURAL RESOURCES
DIVISION OFOI1. AND GAS
October 17, 1994
WALTER J HICKEL. GOVERNOR
PO BOX 1=34
ANCHORAGE. ALASKA 99510.7034
PHONE. (907) 762.2553
File No -5f
w�+ J1
a1
Supplemental
Call for Comments
Proposed Oil and Gas Lease Sale 85A, Cook Inlet Exempt
to T Y Y C<<k n
�s� �"
On July 7, 1994, the Alaska Department of Natural Resources (ADNR), Division of Oil and
Gas (DO&G), issued a call for comments requesting socioeconomic and environmental
information and comments from state and federal agencies, local governments, and the public
on proposed Oil and Gas Lease Sale 85A, Cook Inlet Exempt, which is currently scheduled
for September 1996. That call for comments included a map outlining the proposed sale area
consisting of approximately 750,000 acres.
Due to industry interest DO&G is expanding the sale area to include acreage in addition to
that outlined in that call for comments. The proposed Sale 85A area has been expanded to
include approximately 620,000 acres of state-owned upland acreage located on the Kenai
Peninsula, in and around Chickaloon Bay in Tumagain Arm, and on the uplands west of
Redoubt Bay. A portion of this new acreage includes tide and submerged land located Cook
Inlet. As outlined on the attached map, the proposed sale now consists of approximately
1,370,000 acres.
DO&G is issuing this supplemental call for comments to provide agencies, local governments,
industry and the public with an opportunity to express their interests and concerns regarding
the proposed sale. Any information or comments provided as a result of this request should
be received the division on or before March 4, 1995. DO&G is specifically interested in
information concerning:
1) fish and wildlife species and their habitats in the proposed sale area;
2) the current and projected uses in the area, 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; and historic and cultural resources;
Printed on recycled paper b y G. D
4) the reasonably foreseeable fiscal effects of the proposed lease sale and subsequent
activity on the state and affected municipalities and communities, including the explicit
and implicit subsidies associated with the proposed 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 proposed
lease sale area.
DO&G would also like to know of any current or new programs and projects planned in the
proposed sale area. Data regarding potential effects of the proposed sale on air and water
quality; characteristics of local communities; and the location of archaeological and recreation
sites; and geophysical hazards within the proposed Sale 85A area are also requested.
Recommendations regarding potential mitigation measures for protection of the environment
and various values and resources are encouraged.
State and federal agencies, local governments, industry, and the public are invited to comment
on any aspect of the proposed sale. Information submitted concerning proposed Sale 85A
will be used to prepare the preliminary finding which is scheduled to be available in
December 1995. The preliminary finding will describe the proposed sale area and its
resources, discuss the sale's potential effects, and propose mitigation measures. It will also
contain the department's analysis of the sale's potential consistency with the Alaska Coastal
Management Program (ACMP), the Kenai Peninsula Borough, the Mat -Su Borough and the
Municipality of Anchorage's Coastal Management Plans. After public and agency review, the
preliminary finding will be followed by a final finding and decision of the director as required
by AS 38.05.035(e) and (g) and a final consistency determination as required by the ACMP.
The final finding is scheduled to be issued on June 11, 1996.
Under AS 38.05.946, an affected municipality may hold public meetings, once after the
department's notice of the issuance of a preliminary decision, once after notice of the
department's intent to issue a final decision and then again after the notice that a final
decision to hold the sale has been made.
Considerable information on fish and wildlife has been compiled as a result of previous lease
sales in this area. The Cook Inlet region is used extensively for commercial, subsistence and
recreational fishing and hunting. Five species of North Pacific salmon are fished
commercially throughout Cook Inlet. A sixth, steelhead salmon, is a popular sport fishing
species. Numerous anadromous streams, several of which are major fish producers, are found
within the proposed sale area. Herring spawning and fishing areas extend from Tuxedni Bay
to Ursus Cove. King Dungeness and Tanner crab; and razor clams are also present. The
proposed sale area -provides important habitat for moose, black and brown bear, caribou and
waterfowl. Several species of marine mammals are found near or within the area. Protected
and endangered species known to occur include the American peregrine falcon, bald eagles,
harbor seals and sea otters, and finback and grey whales.
- 2 -
A number state and federal wildlife refuges, game sanctuaries, and critical habitat areas exist
within or near the proposed sale area. These areas encompass important fish and wildlife
habitat, and have significant scenic and recreational value.
In commenting on the proposed sale, please be as specific as possible. In accordance with
recently passed legislative amendment to AS 38.05.035, a person is eligible to file a request
for reconsideration and subsequently an appeal to the superior court of a Best Interest Finding
decision only if the person, agency or municipality has meaningfully participated in the
process by either submitting written comment during the period for public comment or
presented oral testimony at a public hearing. Comments and information should be received
by March 4, 1995 at the following address:
James Hansen, Chief Petroleum Geophysicist
Division of Oil and Gas
P. O. Box 107034
Anchorage, AK 99510-7034
Comments may also be submitted via courier, (Suite 1398, 3601 C Street, Anchorage) via
SYSM (NORCDOG), or by telecopy (562-3852).
Attachment
85A C3,supplemental
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Id9
STATE OF ALASKA
_ _.DEPARTMENT OF NATURAL RESOURCES
DIVISION OF OIL AND GAS
MAP
PROPOSED OIL AND GAS LEASE SALE 85A
NOTE : NO DECISION HAS YET
b AREA
COOK INLET EXEMPT
:TATEWEEN DLHOLDTE ON IS LEASER E
STATE WILL HOLD THIS LEASE
SCALE Is IAW.000 ONE INCH : 29 I1QL S APPROX.
0 10 20 30 40 50 STATUTE MILES 100
SALE. THE STATE IS GATHERING
SOCIAL ENVIRONMENTAL 6
ECONOMIC INFORMATION ON
Proposed Sale Area
WHICH TO BASE A DECISION.
DIRECTOR, DIVISION OF OIL AND GAS
JAMES E. EASON
DRAWN
BY: AMP. d
aus.
DATE APPROVED 10-07-94
BASE MAP: TRANSPOSED FROM
U.T.M. PROJECTIONS BY U.S.G.S.
REDRAWN IN AUTOCAD AND
CLARIS CAD.
PETRO. GEOPHY
JAMES HANSEN
CHECKED
BtA)
0 Q fl
WALTER J. NICKEL. GOVERNOR
DEPT. OF NATURAL RESOURCES P.O. 3a
ANCHHORAGORAG E. ALASKA 99510.7034
PHONE: (9M'M2.2553
DIVISION OF OIL AND GAS
July 7, 1994 File No. 85A-5f
y
. '104 19,E
Call for Comments
Proposed Oil and Gas Lease Sale 85A, Cook Inlet Exempt Z0
The Alaska Department of Natural Resources (ADNR), Division of Oil and Gas (DO&G , - sz-`
requesting socioeconomic and environmental information and comments from agencies, local
governments, and the public on proposed OR and Gas Lease Sale 85A, Cook Inlet Exempt, which
is currently scheduled for April 1996. Any information or comments provided as a result of this
request should be sent to the division by December 15, 1994.
DO&G is specifically interested in information concerning:
1) fish and wildlife species and their habitats in the proposed sale area;
2) the current and projected uses in the area, including uses and value 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; and historic and cultural resources;
4) the reasonably foreseeable fiscal effects of the proposed lease sale and subsequent
activity on the state and affected municipalities and communities, including the explicit and
implicit subsidies associated with the proposed 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 proposed
lease sale area.
DO&G would also like to know of any current or new programs and projects planned in the
proposed sale area. Data regarding potential effects of the proposed sale on air and water quality;
characteristics of local communities; and the location of archaeological and recreation sites within
the proposed Sale 85A area are also requested. Recommendations regarding potential mitigation
measures for protection of the environment and various values and resources are encouraged.
State and federal agencies, local governments, industry, and the public are invited to comment on
any aspect of the proposed sale. Information submitted concerning proposed Sale 85A will be
used to prepare the preliminary finding which is scheduled to be available in August 1995. The
preliminary finding will describe the proposed sale area and its resources, discuss the sale's
potential effects, and propose mitigation measures. It will also contain the department's analysis
of the sale's potential consistency with the Alaska Coastal Management Program (ACMP), and the
Kenai Peninsula Borough, Mat -Su Borough and Municipality of Anchorage Coastal Management
- 1 -
Plans. Under AS 38.05.946, an affected municipality has three opportunities to hold public
meetings, once after the department's notice of preliminary decision, again after notice of intent to
issue a final decision, and then again after notice of the sale.
After public and agency review, the preliminary finding will be followed by a final finding and
decision of the director as required by AS 38.05.035(e) and (g) and a conclusive consistency
detemunation as required by the ACMP. The final finding is scheduled to be issued on
January 9, 1996.
As outlined on the attached map, the proposed sale consists of approximately 750,000 acres of
Cook Inlet area lands.
Considerable information on fish and wildlife has been compiled as a result of previous lease sales
in this area. The Cook Inlet region is used extensively for commercial, subsistence, and
recreational fishing and hunting. Five species of North Pacific salmon are fished commercially
throughout Cook Inlet. A sixth, steelhead salmon, is a popular sport fishing species. Numerous
anadromous streams, several of which are major fish producers, are found within the proposed
sale area. Herring spawning and fishing areas extend from Tuxedni Bay to Ursus Cove. King,
Dungeness, and Tanner crab; and Razor clams are also present. The proposed sale area provides
important habitat for moose, black and brown bear, caribou, and waterfowl. Several species of
marine mammals are found near or within the area. Protected or endangered species known to
occur include the American peregrine falcon, bald eagles, harbor seals and sea otters, and finback
and gray whales.
A number of state and federal wildlife refuges, game sanctuaries, and critical habitat areas exist
within or near the proposed sale area. These areas encompass important fish and wildlife habitat,
and have significant scenic and recreational value.
State and federal agencies, local governments, industry, and the public are invited to comment and
provide socioeconomic and environmental information. In commenting on the proposed sale,
please be as specific as possible. In accordance with recently passed legislative amendments to
AS 38.05.035, a person is eligible to file a request for reconsideration and subsequently an appeal
to the superior court of a Best Interest Finding decision if they have meaningfully participated in
the process by either submitting written comment during the period for public comment or
presenting oral testimony at a public hearing. Comments and information should be received by
December 15, 1994 at the following address:
James Hansen, Chief Petroleum Geophysicist
Division of Oil and Gas
P. O. Box 107034
Anchorage, AK 99510-7034
Comments may also be submitted via courier, (Suite 1398, 3601 C Street, Anchorage) via SYSM
(NORCDOG), or by telecopy (562-3852).
Attachment
85A C3
-2-
r
l
a
r
DEPT. OF NATURAL RESOURCES
i
DIVISION OF OIL AND GAS
July 7, 1994
WALTER J. HJCKEL. GOVERNOR
PO. BOX 10703-:
ANCHORAGE. A;ASKA 99510.703=
PHONE: (90n 762-2553
A
JU< 1994
Call for Comments 1
<< ,, M
Proposed State of Alaska Five -Year Oil and Gas Leasing Progr cd Vie:;:; :>
The Alaska Department of Natural Resources, Division of Oil and Gas, is requesting comments on
the following seven sales which are proposed for the state's Five -Year Oil and Gas Leasing
Program for 1995-1999. All but Sale 90, a new Cook Inlet sale proposed for 1999, are on the
current leasing schedule. These sales have been included for additional public comment because
the Division is proposing to delay each sale beyond the date it was originally scheduled and
because the North Slope/Beaufort Sea sales are being reconfigured to include acreage from other
sales.
5&
Sale 85A, Cook Inlet Exempt
Sale 86, Central Beaufort Sea
Sale 87, North Slope
Sale 85, Cook Inlet/Kamishak Bay
Sale 83, Western Beaufort Sea
Sale 89, Central and Eastern Beaufort Sea
Sale 90, Cook Inlet/Kamishak Bay
Status
Delayed
Reconfigured and Delayed
Reconfigured and Delayed
Delayed
Reconfigured and Delayed
Reconfigured and Delayed
New Sale
Delay of these sales is necessitated by additional requirements imposed by recently passed
legislative amendments to AS 38.05.035(e) for Best Interest Findings and for public notice and
comments. Reconfiguration of the sale areas has been to ensure that all of the acreage in the six
North Slope/Beaufort Sea acreage proposed in the 1993 Program remain on the schedule. As a
result of delaying sales, proposed Sale 84, Copper River, has been deleted. However, this area
will be available for exploration licensing once that program is initiated.
The appearance of these proposed sales in the Five -Year Oil and Gas Leasing Program does not
mean that the sales will automatically be held. This Call for Comments is the first step in a lengthy
planning and review process that may or may not result in conducting these proposed oil and gas
lease sales. The preparation of the Five -Year Oil and Gas Leasing Program, in which sale areas
are identified before the proposed sale dates, allows local governments, state and federal agencies,
the public, and the petroleum industry ample opportunity to study each proposed area and to plan
for potential effectsifthe sale would occur.
The areas described and depicted here are very general. In all cases, the actual areas that finally
may be offered for leasing will be smaller than what is shown. The proposed sale area's land
status will be analyzed approximately twelve months prior to each lease sale, and only those lands
in which the state owns all or part of the subsurface estate will be offered for lease. In those areas
-1-
involving coastal waters, state ownership extends seaward to the three-mile limit.
There may be environmentally sensitive lands within these proposed sale areas. These lands will
be identified later in the leasing process, and special protective measures may be required if oil and
gas leasing takes place on these lands.
Additional opportunities for comment will occur at several intervals during the leasing process.
These opportunities include a second Call for Comments issued about three years prior to the sale
and a third call about two years prior to the sale. In addition, approximately nine months before
each sale, a request for comments on the director's preliminary finding is made. If the proposed
sale is in the state's coastal zone, an analysis of the sale's consistency with the Alaska Coastal
Management Program is included in the preliminary finding.
In commenting on these proposed sales, please be as specific as possible. The Department of
Natural Resources is interested in learning about areas of particular environmental and social
concern within the proposed sale areas. In accordance with recently passed legislative amendments
to AS 38.05.035, a person is eligible to file a request for reconsideration and subsequently an
appeal to the superior court of a Best Interest Finding decision if they have meaningfully
participated in the process by either submitting written comment during the period for public
comment or presenting oral testimony at a public hearing.
The Division is particularly interested in receiving comments on the revised timeline and on the
extent of the acreage proposed for inclusion in each sale. Any parties that are interested in
expanding proposed sale areas to include additional acreage or in altering the sequence of sales
should include those suggestions in their comments. Comments must be received by September 7,
1994 and should be sent to:
James J. Hansen
Chief Petroleum Geophysicist
Division of Oil and Gas
P.O. Box 107034
Anchorage, Alaska 99510-7034
Comments may also be submitted via courier, (Suite 1398, 3601 C Street, Anchorage) via SYSM
(NORCDOG), or by telecopy (562-3852).
The biennial Five -Year Oil and Gas Leasing program will be available late January 1995. The
document will include the new five-year schedule, descriptions of each sale area, a summary of
sales held in 1993 and 1994, and other topics of interest to the public, state and federal agencies,
and the petroleum industry.
Description of Proposed Consolidated Oil and Gas Lease Sales
Proposed Sale 86 consists of previously offered tide and submerged lands and may contain
approximately 700,000 acres. This revised sale comprises acreage that was previously
incorporated in portions of original Sales 81, 86 and 89. The new sale area is located in the
Beaufort Sea and extends from the Colville to the Canning River.
M
Proposed Sale 87 may contain as much as 2,000,000 acres. This revised sale comprises acreage
that was previously incorporated in portions of original Sales 87 and 88. The new sale area is
located on the North Slope between the National Petroleum Reserve Alaska and T., 15 E., Umiat
Meridian in the east; and from the Beaufort Sea in the north to the Brooks Range in the south.
Proposed Sate 83 Wester* Beaufort Sea MAY 1998
Proposed Sale 83 consists of previously offered tide and submerged lands and may contain
approximately 500,000 acres. This revised sale comprises acreage that was previously
incorporated in portions of original Sales 81, 83, and 86. The new sale area is located in the
Beaufort Sea and extends from near the mouth of the Colville River, west to Point Barrow. That
portion of Sale 86 originally proposed in 1993 which was located west of Point Barrow has been
eliminated from the proposed sale area.
.••
Proposed Sale 89 consists of previously offered tide and submerged lands and may contain
approximately 600,000 acres. This revised sale comprises acreage that was previously
incorporated in portions of original Sales 86 and 89. The new sale area is located in the Beaufort
Sea and extends from the mouth of the Colville River, east to the Canadian Border.
Description of Oil and Gas Lease Sale
Proposed for Addition to the Leasing Program
Proposed Sale 90 Cook Inlet/Kamishak Bay, November 1
Proposed Sale 90 currently includes uplands, tide and submerged lands within the Susitna and
Cook Inlet sedimentary basins. Total lands offered will not exceed approximately 1,000,000 acres.
A reduction of the sale area will occur as areas of particular interest to potential lessees are
identified.
Other Proposed Sales
Currently on the Five -Year Oil and Gas Leasing Program
Sale 79, Cape Yakataga (Delayed from July 1994 to May 1995).
The Division is not soliciting comments on this sale. Preliminary Best Interest Finding
scheduled for release in August 1994.
Sale 80, Shaviovik (Delayed from November 1994 to June 1995).
The Division is not soliciting comments on this sale. Preliminary Best Interest Finding
scheduled for release in September 1994.
Sale 85A, Cook.inlet Exempt_(Delayed.from.July 1995 to April 1996).
Third Call for Comments being issued concurrently with this Call for Comments.
Sale 85, Cook Wet/Kamishak Bay (Delayed from July 1996 to November 1997).
-3-
FIVE -YEAR OIL AND GAS LEASING PROGRAM
PUBLIC NOTIFICATION SCHEDULE
ALASKA DEPARTMENT OF NATURAL RESOURCES
DIVISION OF OIL AND GAS
posed Sale Area itDate 1994 1995 1996 1997 1998
79 Cape Yakataga 5-95 P E
80 Shaviovik 6-95 P E
JEEP
3
tq)A Cook Inlet Exempt 4-%
min i no n �
87 North Slope 5-971
� II I �l0 01 E
95 Cook Inlet 11-97
hak Bay
Kamb
93 Western Beaufort Sea 5-98
1111111111111111
89 Central do Eastern 5-99 C E E E P JEJ N F S
Beaufort Sea j 3
90 Cook Inlet / 11-99 E E JEJ P E
Kainishak Bay 1 2 3
A =Proposed Sale Area Added to S-Year Program. E = End of Comment Period. F = Float Finding and Notice of Sale and Terms.
C = Call for Comments: P = Preliminary Best Interest Finding / S = Sale.
1 = New Sales and 5-Year Program RevWons. ACMP Consistency Analysis. (if required.)
2 - Request for General Information. N = Notice of Intent to issue Final Finding.
3 - Request for Socioeconomic and Environmental Information. Public Meetings may he held at any time.
1999
I
7/1/94
q
Is
mwj��
n
UI HtCi i L)Fi, oln9� 771 l i l �_ i� \ � � I DATE APPROVED 06-28-94
IAAIcl- r e-.i. -�� i f Yl a
KENAI CITY COUNCIL MEETING MINUTES
August 17, 1994
Page 9
H-5. Discussion - Call for Comments/Proposed Oil and gas
Lease Sale 85A, Cook Inlet Exempt.
Williams stated he requested this item be placed on the agenda
for discussion. Williams referred to the information included in
the packet in regard to the proposed Lease Sale 85A. Williams
stated the information discussed the long-term look of leasing
around the state. Lease Sale 85A has been delayed and Lease Sale
90 is being proposed in Cook Inlet in the distant future. Lease
Sale 90 schedule is being added to the five-year program next
year. Williams stated he wanted Council to be aware when the
sale comes up.
Williams stated comments need to be submitted by December 15.
Williams suggested Council prepare a resolution in regard to the
lease sale for submission as comments. Monfor stated she did not
feel comfortable with passing a resolution with only the
information provided in the packet. Williams stated he wanted
Kornelis and Manninen to get additional information and review it
and have a resolution prepared for action at the November 2, 1994
meeting.
A short discussion followed regarding the maps and land involved.
Consensus of the council was for Administration (Manninen and
Kornelis) to proceed with the preparation of the resolution.
H-6. Discussion - Formation of an Alaska -Sakhalin Chamber of
Commerce/Possible City of Kenai Participation.
Williams referred to the report entitled, "Alaska/Sakhalin
Overview" which was included in the packet. The overview
included a short discussion about forming a joint Alaska -Sakhalin
Chamber of Commerce. The proposal is that there would be no cost
to participate. However discussions with Marathon have revealed
they are hoping to receive funding from the federal government in
order to form the chamber. Williams stated he would like to send
a letter in support of the concept of forming a joint Alaska -
Sakhalin Chamber of Commerce. Also he would like to request more
information forwarded as well as maintaining the City of Kenai on
their mailing list. No commitment will be stated at this time.
Consensus of council was to send a letter of support and request
the local chambers to get involved as well.
Suggested by:
City of Kenai
RESOLUTION NO. 94-77
Airport Manager
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA
TRANSFERRING $17,700 IN THE AIRPORT TERMINAL FUND FOR
REFURBISHING THE AIRLINE AND CAR RENTAL COUNTERS.
WHEREAS, the Airport Manager and Kenai City Council desire
to have the airline and car rental counters refurbished in
the Airport Terminal; and
WHEREAS, money is available to transfer from the Airport
Terminal Contingency Account.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA, that the following budget transfers be made:
Terminal Fund
From: Contingency $17,700
To: Repair and Maintenance $17,700
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th
day of December, 1994.
JOHN J. WILLIAMS, MAYOR
ATTEST:
Carol L. Freas, City Clerk
'1
Approved by Finance:
(12/1/94)
kl
C-�
Suggested by: Airport Manager
CITY OF KENAI
RESOLUTION NO. 94-78
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA,
AWARDING THE BID FOR REFURBISHING THE AIRLINE AND CAR RENTAL
COUNTERS AT KENAI MUNICIPAL AIRPORT TO SE'ANA CABINETS FOR A LUMP
SUM AMOUNT OF $17,700.00.
WHEREAS, the City of Kenai received three bids on December 1,
1994 for the above mentioned project from the following firms:
Se'Ana Cabinets
Regal Interiors
TCC Cabinets
$17,700.00
27,000.00
No bid was enclosed
WHEREAS, the Airport Manager recommends awarding the bid to
Se'Ana Cabinets for the total bid amount of $17,700.00; and
WHEREAS, the Council of the City of Kenai feels that it is in the
best interest of the City of Kenai to award this bid to Se'Ana
Cabinets; and
WHEREAS, sufficient funds are available providing Resolution 94-
77 is passed by the Kenai City Council at the December 7, 1994
meeting.
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
KENAI, that the bid for refurbishing the airline and car rental
counters at Kenai Municipal Airport be awarded to Se'Ana Cabinets
for a lump sum amount of $17,700.00.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day
of December, 1994.
JOHN J. WILLIAMS, MAYOR
ATTEST:
Carol L. Freas, City Clerk
Approved by Finance:
12/1/94
kh
C:\WPDOCS\FORMS\RESO
e -o
Suggested by:
Historic District Board
CITY OF KENAI
RESOLUTION NO. 94-79
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA,
AUTHORIZING THE CITY MANAGER, THOMAS J. MANNINEN, TO SUBMIT TO THE
STATE OF ALASKA AN APPLICATION FOR A FEDERAL GRANT FOR AN
HISTORICAL SURVEY/INVENTORY IN THE TOWNSITE HISTORIC DISTRICT OF
KENAI ALASKA.
WHEREAS, pursuant to the National Park Service Historic
Preservation Act of 1966, certain federal share matching grants for
historic preservation projects are available to certified local
governments; and,
WHEREAS, The Council has reviewed the letter of intent prepared by
the City of Kenai for such a federal share matching grant for an
Historical Survey/Inventory in the Townsite Historic District of
Kenai; Alaska,
WHEREAS, The Council is fully cognizant of the obligations and
responsibilities that will be incurred by the City of Kenai upon
acceptance of such grant:
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that:
Section 1. The Council hereby authorizes the City Manager,
Thomas J. Manninen, to submit an application to the State of
Alaska, Department of Natural Resources, for a federal share
matching grant for an Historical Survey/Inventory in the Old
Town District of Kenai, Alaska.
Section 2. The department of The City Manager is established
as the agent for the City of Kenai for administration of this
project.
Section 3. If the City of Kenai is awarded the grant for an
Historical Survey/Inventory in the Townsite Historic District
of Kenai Alaska, the Council will introduce an ordinance
providing matching funds for this project.
Section 4. Effective Date. This resolution shall be
effective immediately upon adoption.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of
December, 1994.
ATTEST:
Carol L. Freas, City Clerk
John J. Williams, Mayor
Cc.
CITY OF KENAI /-7
it &I CC4,f2-ZWq 4&a" 11
210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-283-7535
FAX 907-283-3014 lL7and
ar�..ioan
'Illf�
1"i
September 9, 1994
Judith E. Bittner
State Historic Preservation Officer
Department of Natural Resources
Division of Parks and Outdoor Recreation
P.O. Box 107001
Anchorage, AK 99510-7001
Re: Certified Local Government - Letter of Intent
Dear Ms. Bittner:
Enclosed is the City of Kenai Is Letter of Intent to Apply for a
Certified Local Government (CLG) historic preservation grant.
The Kenai Townsite Historic Board has scheduled regular meeting
dates and is in the process of identifying professionals that will
be consulted when a particular project requires expertise in the
areas of architecture, history, and archaeology. The Board will
also be working on establishing a historic preservation plan.
Please contact Jack La Shot or Loretta Harvey at 283-7933 if you
have any questions regarding this Letter of Intent.
Sincerely,
Thomas J. nninen
City Manager
Enclosure
TJM/kh
C:\WP51\CLG\INTENT.LTR
LETTER OF INTENT TO APPLY
State Historic Preservation Officer
Alaska Division of Parks and Outdoor Recreation
P.O. Box 107001
.-anchorage, Alaska 99510-7001
This is a pre -application for a Certified Local Government (CLG) historic
preservation grant:
Certified Local Government name: CITY of KENA T
Project 'Name: SURVEY/INVENTORY KENAI HISTORIC SITES
Location: CITY OF KENAI . KFNAT aT ARKA
Property owner (if applicable):
Name:
Mailing address:
Telephone:
Type of CLG Grant Project:
00 Survey or inventory
�) National Register nomination
Historic preservation pianning
�) Public preservation education
Historic structures reports
i) Architectural/engineering plans
j Acquisition
Development
Project Budget Required: f use figures from Budeet form. page of
a. Estimated Total Project Cost: S 2 9, n n n n n
b. Federal Share: (60%) S 15,000.00
c. applicant's Share: (40%) S 10, 0 0 0.0 0
Source of Appiicant's Share: figures trom 8udeet form. page op
a. Cash: S 10,000 (City General Fund Appropriation)
b. Donated goods and services: S
c. In -Kind: S
i Rev."4)
Date CLG status gr. .ed:
Project .'Manager:
Mailing Address:
Telephone:
Preservation Commission
Chairperson:
Mailing Address:
Telephone:
Sincerely,
Thomas J. Manninen
Applicant's name
(punted or t. ped)
('i t-;7 Mang far
�ppiicant* s title
.-applicant's thohzed signature
283-7530
\pplicant's telephone number
DATE SUBMITTED:
DATE POSTMARKED:
DATE RECEIVED:
Pendin,
Tom Mann;nPn_ Citv Manager
210 Fidalgo, Suite 200
Kenai, AK 99611-7794
(907)283-7530
Dorothy Gray
193 Trumpeter Ave.
Soldotna, AK 99669
�77
�h 1
City of Kelfal
21n PiriaL"n- 5,,;+A 00
Kenai, AK 99611-7794
Applicant's mailing address
Rev.8/941
PROJECT INFORMATION
PROJECT DESCRIPTION/WORK PL."N:
What is the aim, scope, and significance of the project? (National Register nomination grant
projects should include information on why this property qualifies for the National Register
of Historic Places. Critena for eligibility to the National Register may be obtained from the
State Historic Preservation Office.
What is the relationship of your proposed project to past. on -going or future preservation
work within the CLG boundaries ?
How does your proposal reiate to the preservation priorities established for this year?
How does your proposal address needs identified in the community's preservation planning
efforts'?
How will the local historical commission be involved in the project? How will they be
involved in the review of the grant products'?
The aim of the Survey/Inventory Kenai Historic Sites Project is to
create and maintain a survey or inventory of buildings and sites of
historic, architectural and archaeological resources in the
community.
This project is significant in that it will identify local historic
and archaeological sites that are important to the heritage of
Kenai. It will complement past attempts to identify historical
sites and plan for on -going and future preservation work within the
CLG boundaries. The Kenai Townsite Historic Board has identified
a historical survey/inventory as the number one priority in the
preparation of a Preservation Plan.
The survey shall be compatible with the Alaska Heritage Resources
Survey and able to be readily integrated into statewide
comprehensive historic preservation planning and other planning
processes. Survey and inventory documents shall be maintained to
protect the site location(s) from possible vandalism. The survey
shall be updated every ten years.
The newly formed Kenai Townsite Historic Board has scheduled
regular meeting dates beginning September 27. The Board will be
establishing goals and objectives and a Historic Preservation Plan
over the course of the next few months.
The Board consists of members who are very familiar with local
history, archeaological sites and church history. The members are
willing to share their knowledge, and a combination of professional
work and volunteer work will produce a viable survey.
4
PROJECT BUDGET
Applying for: () FY'94 Funds (X) FY'95 Funds
In the following space enter the proposed budget for your project.
BUDGET CATEGORY SOURCE OF FUNDS
Federal Share Apylicant's Share Total
Personal Services
TraveUPer Diem
Contractual Services
Supplies
TOTAL DIRECT COSTS ....................................... $22,727
10% STATE SURCHARGE .................................... + 2,273
**TOTAL PROJECT COSTS ................................... = $ 2 5 , 000
APPLICANT'S TOTAL SHARE = 40%(Include below left) .............. - 10,000
FEDERAL SHARE = 60%(Include below right) ................... — 15, 0 0 0
LESS 10% STATE SURCHARGE .............................. - 2,273
TOTAL PARTICIPANT RECEIPT ............................. = 12 , 727
(Amount sponsor is reimbursed)
Proposed Source of Funds:
APPLICANT
**at least 40% of the total
project costs)
CASH EXPENDITURES 0
IN -KIND
GOODS AND SERVICES + 0
DONATED
GOODS AND SERVICES + 0
APPLICANT'S
TOTAL SHARE _ $10 , 0 0 0
TOTAL FEDERAL SHARE = $15 , 0 0 0
(Rev.8/94) 5
ASSURANCE OF NON-FEDERAL MATCHING SHARE
I, the undersigned, hereby ce:ufy and verify my intent to obtain the non-federal funds for the
project which is the subject of this application by the following means:
SOURCE AMOUNT
Appropriations $ 10,000.00
Bonds 0
Volunteer labor, equipment
rental, material donations S 0
In -Kind S n
TOTAL NON-FEDERAL MATCH S in n n n n 0
By this document. I authorize the repository of the appropriations indicated above to certify the
existence of the indicated funding to the State of Alaska or its authorized agent.
Signature of Ap licant Date
Notary Seal:
Rev.8/941
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
rr'� l
COUNCIL ON AGING
AGENDA
November 15, 1994 - IOAM
Chairman: Joanna Hollier
1. Roll Call
2. Approval of Agenda
3. Approval of Minutes
4. New Business
a. Swimming in Nikiski/Loretta Breeden
b. Musician Donations
c. Appreciation Dinner/City Council
November 28 = 6pm
d. Endowment/Joanna Hollier
5. Old Business
a. Survey Results
b. Meal Donations
c. Vehicle Reguest
r-
6. Persons Present Not Scheduled
COUNCIL ON AGING
November 15, 1994
***MEETING***
Senior Center
Joanna Hollier - Chairperson
1. ROLL CALL:
Members present:
Joanna Hollier, Al Pease, Georgetta Funk, Sam Huddleston, Pauline Gross, Roger
Meeks, Lucille Billings, Loretta Breeden, Gene Seay
Also present:
Pat Porter, Senior Director; Loretta Harvey, Admin. Assistant
2. APPROVAL OF AGENDA
3. APPROVAL OF MINUTES
4. NEW BUSINESS:
a. Swimming in Nikiski/Loretta Breeden
Pat Porter had talked to Karen Kester, Director to see how many people would have
to register for a class to be held at the Nikiski pool. Karen had said there would need
to be a 10 person minimum and the cost would be $2.00 each.
Loretta Breeden had asked for this item to be on the agenda because other pools in
the area are hard to access for elderly people. The Nikiski pool has wheelchair
access, privacy showers and dressing rooms, and is more attuned to the needs of the
elderly.
Pauline Gross recommended that Pat put this item in the next newsletter to see how
many people would be interested.
Pat Porter said she would add this to the newsletter, but would need to find a
volunteer driver to provide transportation to the pool.
Council on Aging
November 15, 1994
Page 1
b. Music Donations
Joanna Hollier asked the Council what they thought about allowing people who
perform during the lunch hour to accept donations.
Pauline Gross said she felt that would work. The musicians could put out a can and if
people wanted a special request they could tip when they made their request.
Roger Meeks noted there were numerous volunteers around the center and they
weren't paid. Most of the people who play wouldn't want to accept donations, they do
it to help the seniors.
Pat Porter explained that another local center lets musicians put cans out, and that is
why the item was brought forth. She agreed with Roger that there are lots of
volunteers who give their time to the seniors without expecting payment.
MOTION AND VOTE:
LORETTA BREEDEN MOVED TO LEAVE THE MUSIC ON A VOLUNTEER BASIS.
SAM HUDDLESTON SECONDED. MOTION PASSED UNANIMOUSLY.
c. Appreciation Dinner/City Council
Joanna Hollier noted the date of the dinner had been changed to the 28th of
November. She encouraged all Council members to attend. The menu will be prime
rib and there will be a $3 charge.
Loretta Breeden asked who paid for the dinner.
Pat Porter said the Senior Connection pays for this out of their funds. She asked the
Council to urge other seniors in the program to attend this dinner.
d. Endowment/Joanna Hollier
Joanna Hollier reported the Soldotna Senior Center had just received a large
endowment of stocks and bonds. A group of local business people and seniors had
been formed to discuss ways to invest the funds to more effectively benefit the
seniors. Hollier felt the city might want to form a similar group in the event they would
inherit a large estate.
Council on Aging
November 15, 1994
Page 2
Pat Porter said steps have already been taken to form such a foundation, but it has
been inactive to date. She recommended a small committee be formed to work with
the City Attorney regarding activating the foundation. The Senior Connection already
has money in savings from donations and this group would invest this money wisely
and increase the investment.
MOTION AND VOTE:
LORETTA BREEDEN NOMINATED JOANNA HOLLIER TO REPRESENT THE
COUNCIL AND SPEAK TO CITY ATTORNEY, CARY GRAVES REGARDING
ENDOWMENTS AND BRING INFORMATION BACK TO THE COUNCIL AT THEIR
NEXT MEETING. ROGER MEEKS SECONDED. PASSED UNANIMOUSLY.
Al Pease volunteered to go with Joanna when she spoke to the City Attorney.
e. Ice & Snow in Entryway to Senior Center
Loretta Breeden expressed concern that the walkway and parking lot are in horrible
condition for seniors. She felt the city should look into replacing the walk with a
rougher surface as the present surface is very slick when there is snow and ice on it.
Gene Seay agreed that the cement was too slick. It had a polished finish and should
have been rough.
Loretta Breeden felt the public works department should be notified of the Seniors'
concern and they can make a decision on what needs to be done.
Pat Porter offered to make out a work order to the Public Works Department to figure
out a solution to this problem.
Gene Seay said the city has been wonderful to the Seniors and he doesn't want to
make too many demands on them.
Roger Meeks felt the key is to let the City know the concerns of the Council, because
if someone is hurt the responsibility will rest on the City.
Council on Aging
November 15, 1994
Page 3
5. OLD BUSINESS
a. Survey Results
Loretta Breeden went through the Salad/Soup Bar Survey results (attached).
Forty five (45) Seniors had responded to the survey, 44 of those frequent the salad
bar.
Roger Meeks noted it appeared the respondents would prefer 1 or 2 salad selection.
Al Pease said there should be at least two selections for people who have restricted
diets.
Loretta Breeden asked if the meal cost should be raised if salad was offered.
Pat Porter reported that the center needs to generate $45,000 of program income
each year. The average meal donation is $2.40 with a $.60 donation average for
home delivered meals. Porter sent a notice to the home delivery people to explain
what the suggested donation covers. The cost of the raw food is $2.69 per meal and
the actual cost of meals, including labor, etc. is $5.00. So the suggested donation is
reasonable and barely covers the cost of the raw food. People who receive home
delivered meals have increased their contributions since the letter was sent. Porter
also explained that if the program generates more than the $45,000 the Federal
allocation may be cut to match the increase in program donations. She felt that $2.50
was a good suggestion for this year, but costs may need to be raised in the future if
food costs increase..
Sam Huddleston didn't feel the price of meals should be raised if the center is not
losing money.
MOTION AND VOTE:
SAM HUDDLESTON MOVED TO LEAVE SUGGESTED MEAL DONATIONS AT $2.50
PER MEAL UNTIL AN INCREASE IS NECESSITATED. AL PEASE SECONDED.
PASSED UNANIMOUSLY.
Council on Aging
November 15, 1994
Page 4
Joanna Hollier asked for action on salad/soup bar.
MOTION AND VOTE:
LORETTA BREEDEN MOVED TO OFFER 1 SALAD AND 1 SOUP AND ANY
ADDITIONS WOULD BE LEFTOVERS. MOTION DIED FOR LACK OF A SECOND.
Pat Porter said since the sign had been placed on the salad bar, for one trip only, the
problem seems to be better. Porter felt that two salad choices would be adequate.
MOTION AND VOTE:
LORETTA BREEDEN MOVED TO LET PAT PORTER MAKE THE DECISION ON
THE SALAD BAR, HOW MANY SALADS AND WHAT TYPE, USING HER BUDGET
AS CRITERIA. AL PEASE SECONDED. PASSED UNANIMOUSLY.
c. Vehicle Request
Pat Porter reported the City did not seem adverse to the purchase of a new vehicle for
the center. A proposal will be included in next year's budget.
There being no further business, Al Pease moved to adjourn. At approximately 11:20
a.m. the meeting was adjourned.
Respectfully submitted,
�w
Loretta H4vey
Administrative Assistant
Council on Aging
November 15, 1994
Page 5
SALAD/SOUP BAR
SURVEY RESULTS
Number of survey sheets returned .......... 45
1. Do you frequent the salad bar?
44 answered yes
1 answered no
2. Do you enjoy the service?
45 answered yes
3. What time do you think the salad/soup bar should open?
19 answered ....... 11:30AM
1 answered ....... 11:40AM
18 answered ....... 11:45AM
1 answered ....... 11:50AM
1 answered....... Noon
1 answered ....... IOAM-Noon
4. Do you think people should be able to have unlimited access to the salad and
soup?
34 answered ........ No
7 answered........ Yes
5. If we limit the number of trips, how many do you feel is adequate.
5 answered ......... 2 trips per person
33 answered......... l trip per person
6. How many different salad selections would you like?
3 answered ......... 1 selection
3 answered ......... 2 to 3 selections
12 answered ......... 2 selections
19 answered ......... 3 selections
7. Is the salad/soup bar appealing?
44 answered....... yes
S. Should we offer a large green salad with "add your own" extra's? This
would be the only salad choice.
9. Do you enjoy the soup?
21 answered...... yes
15 answered...... no
40 answered..... yes
10. The board is considering raising the meal contribution to S3.00 per meal.
Do you agree with this proposed change?
27 answered..... yes
16 answered ..... no
Additional comments:
1. People shouldn't take salad or soup for supper. We pay for 1 meal and no supper.
I don't think that is fair.
2. I think that the 11:45 opening time allows everyone an opportunity_ to go through
the line once. I don't think there will be a problem anymore.
3. Soup would be great if it was not fatty.
4. Do either No. 5 or 8 and go to $3.00.
5. Use portion control, less fat, less spices. No dessert, fresh fruit or canned.
Protein, amount required for each day, 1 meat , 1 /3, it vanes.
6. Love it.
7. It wouldn't hurt to cut the amount of fat in and on the food!
8. I like what we have now, let's keep it this way.
9. No complaints, I appreciate and enjoy everything the way it has been.
10. Although I often do not take soup and wouldn't miss it too much, I always take
salad and would miss it very much.
11. How many on the Council of Aging frequent the lunches? I understand much is
donated why raise the price? You'll keep getting greedy until, no one can afford it. If
you couldn't afford to give this soup/salad service, why did you start it?
12. Along with the donations I feel $2.50 is plenty to pay. Don't get greedy.
13. I would like a variety of salad dressings not so much vinegar. I like #8 best of all.
14. I would like to see a better variety in salad dressings. If fruit is not on the main
course included it with salad bar.
15. This has been a real enhancement to the menu. Soup and salad is to much one or
the other is enough.
16. A bowl of soup will cost you $3.00 elsewhere, so you should raise the meals to
$3.00, my opinion.
17. Meals are good.
18. Meals are excellent.
19. A tossed salad, a veggie, like raisins and carrots and fi-uit. Leitha for one cannot
tolerate lettuce or fresh veggies, but can eat some fruits. And there are probably others
along the same line.
CITY OF KENAI -D-r�
11 /n . /�4,4",--
210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-283-7535
FAX 907-283-3014 b�
CITY OF KENAI
1992
BACKGROUND AND PERSONAL DATA - CANDIDATES FOR APPOINTMENT
TO COMMITTEES AND COMMISSIONS
DATE: ITT
NAME: S
Resident of the City
' of Kenai? t < s
How long?
Residence Address
" 13
Mailing Address
; 4 M
Telephone No.
ZS3- t cl{
Business Address
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Telephone No.
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EMPLOYER: �o�gyyiElrcgL
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Job Title Ql L
NAME OF SPOUSE: --
Current membership in organizations:
KMBMR 3OA 1- t-I —), AAjt, ) A(j E 1t A' 4 -% A, i
21 h 0 I A U}4- Y4
Past organizational memberships:
COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED:
WHY DO YOU WANT TO BE INVOLVED WITH THIS COMMISSION OR COMMITTEE?
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P-,5
Harbor Commission
***Minutes***
November 7, 1994 - 7:00 p.m.
City Council Chambers
Chairman Jeannie Munn
1. ROLL CALL
Members Present: Jeannie Munn (Chair), George Spracher, Ray McCubbins, Barry
Eldridge
Members Absent: Ernie Knackstedt, Tom Thompson, Will Jahrig
Also Present: Jim Bookey, Keith Kornelis, Debby Fahnholz
2. APPROVAL OF AGENDA
Jeannie Munn asked if there were any changes to the agenda, there were none.
MOTION
ELDRIDGE MOVED THAT AGENDA BE APPROVED, SPRACHER SECONDED.
THERE WERE NO OBJECTIONS AND MOTION WAS PASSED.
3. APPROVAL OF MINUTES
MOTION
SPRACHER MOVED FOR APPROVAL OF OCTOBER 10, 1994, MINUTES,
ELDRIDGE SECONDED. THERE WERE NO OBJECTIONS AND MOTION WAS
PASSED.
4. PERSONS SCHEDULED TO BE HEARD
None.
Harbor Commission
November 7, 1994
Page 1
5. OLD BUSINESS
a. Cone/Cunningham Property - Kornelis memo dated 9/30/94
Kornelis stated applications have been submitted for grants. Bookey stated that Council had
been asked to rezone the property to conservation. It went through Planning and Zoning
with no problems and is on hold for now until further action has been decided on the Exxon
Valdez funds. Spracher asked if the funds do buy the property, would it then belong to the
state. Kornelis stated that the proposed agreement would be that the state would own it, and
the city would maintain it (Cone property). He stated the city now owns the Cunningham
Park property and would purchase four more lots, enlarge it, and possibly put in a
boardwalk. Kornelis referred back to his memo regarding city responsibility for operation
and maintenance, liability, insurance, etc. and that these issues need to be addressed in any
agreement. It would all be handled with spill fund money and would not come from the
city's general fund.
b. Bluff Erosion - letter from Corps of Engineers
Kornelis stated after meeting with Corps representative, Section 14 assistance was not
applicable. Section 103 would be more likely. The maximum amount the Corps would be
able to provide would be $2 million. The local share would be 35 % . He would have more
information in two -three weeks. Munn asked if the Corps would do the work, Bookey
responded they would engineer it and then bid it out. Steel bulkheads were discussed, but
were not realistic given the $2 million figure. Bookey felt it needed to start with dredging
the river given the number of boats coming in during the summer, low water and no defined
channel. It would take a concerted public effort to get the funds, possibly through Senator
Stevens, to get it done. He asked the Commission to think on it and discuss further options
next meeting.
7. NEW BUSINESS
Covered under bluff erosion discussion.
8. COMMISSIONER COMMENTS AND QUESTIONS
Bookey stated Ashley Reed was rehired as lobbyist for the Council.
9. INFORMATION
None.
Harbor Commission
November 7, 1994
Page 2
10. ADJOURNMENT
MOTION
MOTION WAS MADE BY SPRACHER, SECONDED BY McCUBBINS TO ADJOURN
AT 8:00 P.M.
Next meeting is scheduled for December 12, 1994.
Respectfully submitted,
Debby J. Fahnholz
Harbor Commission
November 7, 1994
Page 3
KENAI PARKS & RECREATION COMMISSION
***Minutes***
December 1, 1994 - 7:00 p.m.
City Council Chambers
Chairman Richard Hultberg
1. ROLL CALL
Members Present: Dale Sandahl, Steve Latz
Members Absent: Kelly Gifford, Richard Hultberg, Roger Siebert
Also Present: Kayo McGillivray, Duane Bannock, Amanda Baldwin, Debby Fahnholz
No quorum, meeting cancelled until next scheduled meeting of January 5, 1995.
2. APPROVAL OF AGENDA
3. APPROVAL OF MINUTES
4. PERSONS SCHEDULED TO BE HEARD
5. DIRECTOR'S REPORT
6. OLD BUSINESS
7. NEW BUSINESS
8. COMMISSIONER COMMENTS AND QUESTIONS
9. INFORMATION
10. ADJOURNMENT
Respectfully submitted by:
Debby J. Fahnholz
Parks & Rec Commission
December 1, 1994
Page 1
AGENDA
KENAI CITY COUNCIL - REGULAR MEETING
NOVEMBER 23, 1994
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)
1. Vesta Leigh - Snowplowing Driveways
C. PUBLIC HEARINGS
1. Ordinance No. 1614-94 - Increasing Estimated Revenues
and Appropriations by $4,000 in the General Fund From
the Reserve for Athletic Expenditures.
2. Resolution No. 94-71 - Adopting the City of Kenai,
Alaska 1995-96 Capital Improvement Project (CIP)
Priority List for Request for State Grants.
3. Resolution No. 94-72 - Authorizing an Amendment to its
Public Employee's Retirement System Participation
Agreement.
4. Resolution No. 94-73 - Transferring $24,000 in the
General Fund for Lobbyist Services.
5. Resolution No. 94-74 - Supporting Alaska Housing
Finance Corporation.
6. Resolution No. 94-75 - Transferring $7,599 in the
General Fund for Purchase of Three Snow Plows.
7. *1995/96 Liquor License Renewal - KMart Liquor -
Package Store.
-1-
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 November 2, 1994.
2. *Goals & Objectives Work Session of November 2, 1994.
F.
None.
G. OLD BUSINESS
1. Kenai Bicentennial Visitors & Cultural Center - UV
Light Reduction and Humidifier Requests.
2. Kenai River Overlay District (KPB Ordinance No. 94-
52) - Request for Joint Work Session.
3. Glacier Environmental Contract Amendment
4. Resolution No. 94-65 - Awarding a Contract to
GeoEngineers, Inc., for Environmental Services on Lots
13 and Lot 14, CIIAP Site Assessment, 1994 Project for
a Not -to -Exceed Amount of $27,580.00.
H. NEW BIISINESS
1. Bills to be Paid, Bills to be Ratified
2. Purchase Orders Exceeding $1,000
3. *Ordinance No. 1615-94 - Amending Subdivision
Regulations, Section 14.10.010 General of the Kenai
Municipal Code.
4. *Ordinance No. 1616-94 - Increasing Estimated Revenues
and Appropriations by $22,475 in the General Fund for
Traffic Enforcement Equipment.
-2-
5. *Ordinance No. 1617-94 - Increasing Estimated Revenues
and Appropriations by $53,376 in the General Fund for
Salaries and Overtime for Removal of Snow Berms from
Driveways.
6. Discussion - Draft Ordinance Amending the Kenai
Municipal Code to Formalize City Policy Regarding
Authority of the Finance Director to Control
Disbursements and Expenditures.
7. Discussion - Extension of Taxiway F to Civil Air Patrol
Hangar.
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
NOVEMBER 23, 1994
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 7:00
p.m. in the Council Chambers in the Kenai City Hall Building.
A-1. PLEDGE OF ALLEGIANCE
Mayor Williams led those assembled in the Pledge of Allegiance.
A-2.
ROLL CALL
Roll was taken by the City Clerk. Present were: Williams,
Bookey, Swarner, Monfor, Measles, Bannock and Smalley.
Absent: None.
A-5.
AGENDA APPROVAL
Mayor Williams requested the following changes to the agenda:
ADD TO: C-2, Resolution No. 94-71 - Capital Improvement
Grant list (add to the resolution).
C-2, Resolution No. 94-71 - 11/23/94 KK memorandum
regarding discussions with ADEC (using left over
ADEC grants for other city projects).
ADD TO: C-6, Resolution No. 94-75 - 11/16/94 Glenn J.
Kipp letter regarding City's snowplowing
considerations.
ADD TO: H-6, 11/23/94 T. Manninen memorandum -
Recommendation regarding draft ordinance
(authority of Finance Director to control
disbursements and expenditures).
ADD TO: I-1, Mayor's Report -
a. 11/10/94 NLC letter regarding National Unfunded
Mandates Week.
b. 11/9/94 DEC letter regarding public review of
proposed changes to Alaska's air quality
regulations.
ADD TO: Information Item No. 3 - 11/17/94 DNR letter
regarding Cone Property Boardwalk.
KENAI CITY COUNCIL MEETING MINUTES
NOVEMBER 23, 1994
PAGE 2
MOTION:
Councilman Smalley MOVED for approval of the amended agenda and
requested UNANIMOUS CONSENT. Councilman Measles SECONDED the
motion. There were no objections. SO ORDERED.
A-6.
CONSENT AGENDA
Mayor Williams had no changes to
Measles requested H-5, Ordinance
consent agenda for discussion.
MOTION:
the Consent Agenda. Councilman
No. 1617-94 be removed from the
Councilman Smalley MOVED for approval of the Consent Agenda as
amended (removing H-5) and requested UNANIMOUS CONSENT.
Councilman Bookey SECONDED the motion. There were no objections.
SO ORDERED.
ITEM B: SCHEDULED PUBLIC COMMENT
B-1. Vesta Leigh - Snowplowing Driveways
Leigh introduced herself as a long-time resident of Kenai. Leigh
thanked Council for the article in the paper regarding city
finances, etc.; for the kind of city she lives in, citing active
participation of the council, city administration, citizens and
visitors; repair of the Bernie Huss Trail; taking down "The
Landing" painting for storage; for the summer parks program, i.e.
mowing, flowers, etc.; for quick and cheerful Animal Control
response; and the helpful employees at City Hall, Library, STP,
KPD, KFD, etc.
Leigh stated her dissatisfaction of the snow berms that have
occasionally been placed in her driveway. Leigh stated some are
very small, however, the last two snowfalls, they were very deep
and wide. Leigh spoke in support of Resolution No. 94-75 for
snow plows to remove snow berms from driveways.
Leigh added she started to gather signatures on a petition to
request the City to remove the berms and then saw Council would
be discussing the subject at this meeting and did not go forward
with the collection of signatures. Leigh added if it was
necessary, she would collect the signatures.
KENAI CITY COUNCIL MEETING MINUTES
NOVEMBER 23, 1994
PAGE 3
Williams noted there were others in the audience wanting to speak
to this subject and requested council's permission to hear Items
C-6 and H-5 at this time. There were no objections from council.
ITEM C: PUBLIC HEARINGS
C-6. Resolution No. 94-75 - Transferring $7,599 in the
General Fund for Purchase of Three Snow Plows.
MOTION:
Councilman Smalley MOVED for approval of Resolution No. 94-75 and
Councilman Bannock SECONDED the motion.
Saylor Rehm - 112 Wooded Glen Court. Rehm stated the issue has
been discussed in the past. There had even been comments from
councilmembers suggesting citizens (who were adverse to the snow)
should move to warmer climates.
Rehm stated he spoke with the Mayor of Soldotna and Soldotna
maintenance personnel in regard to the use of gates on their
graders. The response he received was that they were very happy
with them. The cost was approximately $2,500 each. Rehm added
they do not use plows on pick-ups to clean out driveway berms due
to the liability. Rehm stated he was in favor of the purchase of
gates. Snow plows were too costly.
Jim Williamson - Lives in Inlet Woods. Has lived in Alaska
since statehood. Agreed with Rehm. Snow plows on trucks was too
costly. Preferred the use of gates on the graders.
Vesta Leigh - Remarked on damage to property along the right-of-
way.
Nancy Silverman - A resident of Kenai since 1983. Agreed with
Rehm and Williamson. She did some investigation in regard to
gates v. snow plows. She spoke with Kornelis and was told there
was a problem with using gates on the graders due to the wings
that are already on the graders. Silverman suggested the wings
be removed.
Mayor Williams stated city administration and council have
wrestled with this problem many times over the years. This year
there has been a lot of snow early in the season. The early snow
KENAI CITY COUNCIL MEETING MINUTES
NOVEMBER 23, 1994
PAGE 4
and phone complaints have brought attention to a number of
questions about snow maintenance. Williams requested Kornelis
add his comments to the discussion.
Kornelis gave a detailed discussion regarding the advantages and
disadvantages in using snow plows and gates. Kornelis stated he
discussed the use of gates with the Soldotna maintenance
personnel as well as the Anchorage maintenance personnel.
Snow wings, which are now on the graders, cut a path twice as
wide as snow plows. They are needed for plowing, as well as
moving the snow back from the edge of the roads to make room for
more snow. Our shop foreman investigated placing both wings and
gates on a grader and it is possible by changing the hydraulics.
Both Anchorage and Soldotna personnel stated when using snow
gates, the width of the path is smaller and it takes a longer
time to do the work. Kornelis gave a detailed description of how
the gates work. Both Soldotna and Anchorage stated if the
snowfall is six inches or more, the gates won't work. Also,
gates are dangerous because they pick up debris in the roadway.
It is necessary to go slower because of the hydraulics and the
danger of picking up debris. There will be more complaints if
gates are used.
Kornelis stated he did not know if putting plows on the pick-ups
will work either. There has been a lot of snow. The snow must
be pushed somewhere. When more snow comes, it may be necessary
to use a loader to move the snow elsewhere.
Kornelis complimented the street crew on their efforts to keep
the snow removed. The last snowfall, the crew worked for 22
hours straight. Kenai has approximately 61 miles of road
(including the airport) and Soldotna has 32 miles of road.
Soldotna has seven crew members and Kenai has five and one-half.
Soldotna has a budget of $609,000 and Kenai has $418,000.
Soldotna leaves snow in the middle of the street and after the
snow stops contracts for the removal of the snow. This is why
their budget is larger.
City crews suggested adding snow blowers to the front of three
loaders. However, this is not feasible because the equipment
would not be received this year, plus the equipment would be
expensive.
KENAI CITY COUNCIL MEETING MINUTES
NOVEMBER 23, 1994
PAGE 5
Williams stated there were three important facts to investigate:
The snowfalls so far this year were extremely large; there are
more roads in Kenai to plow than in Soldotna; there are double
the amount of people living in Kenai than in Soldotna. Moving
snow in Woodland, Redoubt, etc. would become more of a problem if
the crew needs to slow down to do driveways. Williams added he
did not believe the pickups with snow plows was acceptable
either. There would be very high maintenance on the trucks.
Mark Langfitt - Member of Kenai's street crew. Langfitt stated
he plows Woodland. If gates are put on the graders, the snow
will still go into the driveways. The wing can move the snow
back on the bank. With the gate, the operation will slow down.
It already takes a lot of time in Woodland. He did not think the
gate would solve the problem. The use of pickups at this time
will not help as there is too much snow. Another solution would
be to blow the snow. The snow has to be moved away, not just
pushed out.
Saylor Rehm - Asked why Kenai's budget is smaller than
Soldotna's. Williams stated because the work is done in-house.
Soldotna contracts most of their work out.
Dave Karp - Resident of Redoubt Terrace. Asked if it is was
possible to contract out to have driveways plowed for those
citizens requesting it.
Swede Freden - Member of Kenai's street crew. Freden stated he
plows the east side of town. Freden added he agreed with
Langfitt. Also, he lived in Anchorage for 15 years. They had
gates on their equipment and he still had to shovel his driveway.
Freden added he believed the wing is more effective. Exercise is
good for people also.
Williams read Glen Kipp's letter into the record. The letter was
added at the beginning of the meeting and distributed to council.
The letter discussed costs included in providing berm removal,
i.e. mill rate increase, overtime pay, purchase of more seasonal
equipment, etc. Kipp's recommendation was to leave things alone.
Personal snow removal equipment is readily available for
purchase, etc.
Bannock stated he was not questioning the street crew's skill and
dedication and performance of their work. However, he was not
KENAI CITY COUNCIL MEETING MINUTES
NOVEMBER 23, 1994
PAGE 6
happy with the way the crew has been told to do their work.
There were lots of liabilities included with the purchase of snow
plows.
Bannock requested the momentary tabling of the motion for
approval of Item C-6 in order to state a new motion. Smalley
(maker of the motion for approval) stated he had no objection in
order to hear Bannock's motion.)
MOTION:
Councilman Bannock MOVED that the City of Kenai create a policy
for removal of snow and to include the removal of berms from
driveways. Councilman Smalley SECONDED the motion.
Bannock explained there is now an arbitrary law stating citizens
cannot move snow from their driveways, etc. and place in the
roadway. Bannock questioned who owns the snow on the street. He
would like the city to assume the obligation to remove the snow
from the driveways. That is the intent of his motion. Items C-6
and H-5 should not be discussed before recognizing the berm of
snow is a problem.
Monfor stated she did not disagree with Bannock but how would it
be defined. Bannock stated until the City recognizes the berms
are a problem, they are wasting their time. Is it the city's job
to remove the snow if the city puts the snow in the driveways.
Clerk Freas was requested to repeat the motion.
Williams asked for the Manninen's recommendation. Is this
something the City should get involved in, i.e. creating a
written policy.
Manninen stated it would be easy to write a policy, but there
needs to be intent of enforcement. He did not know if the city
owns the snow or not. The problem needs to be solved, if it is a
problem. He did not think anything discussed so far would solve
the problem. Manninen stated he believed a combination of
trucks, snow blowers placed on PTO's and hiring or contracting
three people would do it. This is the first place he's lived in
where people are talking about removing berms from driveways.
Council needs to decide if they want to do the removal of berms.
Williams stated the topic needs more investigation. This effort
would cost a lot of money and needs more investigation. Smalley
KENAI CITY COUNCIL MEETING MINUTES
NOVEMBER 23, 1994
PAGE 7
stated he did not disagree with Williams or Manninen. The intent
of the motion was to identify by policy that there is a specific
problem. Smalley added he was not happy with Item C-6 or snow
blowers in neighborhoods where there are lots of children around.
A solution can be developed. The motion is to identify by
policy.
Manninen suggested with not purchasing snowplows and renting
trucks, the money could be used to purchase snowblowers for each
residential block. One person from each block could be
responsible for keeping the snowblower and having it available
for other residents to use. But that is not the city's business
either.
Bannock stated there are many solutions. He was not stating what
the solution was, but the motion was to identify that there is a
problem.
Saylor Rehm - Suggested the kind of berm be identified by its
size.
Smalley stated that was one of their discussions at their last
meeting. Smalley added he believed that is one of the problems,
i.e. how big is the berm and what type of snow.
VOTE (BANNOCK'S MOTION):
Bannock: Yes Smalley: Yes Williams: Yes
Bookey: Yes Swarner: Yes Monfor: Yes
Measles: Yes
MOTION PASSED UNANIMOUSLY.
Williams stated to the audience the city will be trying to find a
solution that won't cost so much.
Monfor reported two people who pushed snow into the roadway
received letters from Public Works. Monfor requested residents
be addressed less adversarially. Monfor referred to an article
from the Anchorage newspaper in regard to using community service
workers for shoveling snow. This is another option to
investigate.
Williams read from the Kenai Municipal Code the ordinance in
regard to pushing snow into the roadways.
KENAI CITY COUNCIL MEETING MINUTES
NOVEMBER 23, 1994
PAGE 8
MOTION:
Councilman Measles MOVED to bring back Item C-6 (Resolution No.
94-75) to the table.
VOTE ON RESOLUTION NO. 94-75:
Bannock: No Smalley: No Williams: No
Bookey: No Swarner: No Monfor: No
Measles: No
MOTION FAILED UNANIMOUSLY.
Ordinance No. 1617-94 - Increasing Estimated Revenues
and Appropriations by $53,376 in the General Fund for
Salaries and Overtime for Removal of Snow Berms from
Driveways.
MOTION:
Councilman Measles MOVED for introduction of Ordinance No. 1617-
94 and Councilwoman Monfor SECONDED the motion.
Councilman Measles called for the question. There were no
objections.
VOTE:
Bannock: No Smalley: No Williams: No
Bookey: No Swarner: No Monfor: No
Measles: No
MOTION FAILED UNANIMOUSLY.
MOTION:
Councilman Smalley MOVED to direct Administration to meet with
the Public Works Director and City Attorney to develop a policy
voted on and passed and review other variable prospects in ways
to deal with this problem and report back to Council for the
December 7 meeting if possible. Councilwoman Monfor SECONDED the
motion.
Smalley stated information included should be cost of snow
blowers, cost of pushing the snow into the street or road, etc.
KENAI CITY COUNCIL MEETING MINUTES
NOVEMBER 23, 1994
PAGE 9
and other variable ways than what was before council tonight.
Monfor added they should review the size of berms.
Williams noted contractors were contacted and said it was too
late in the season for the city to go out to bid on this type of
work now. Smalley referred to Mr. Kipp's letter and stated the
city did not want to take business away from private contractors
as the snow removal concerns were for only the very end of the
driveways.
VOTE:
Williams asked if there were any objections to unanimous consent.
There were none. SO ORDERED.
BREAK TAKEN: 8:22 P.M.
BACK TO ORDER: 8:40 P.M.
C-1. Ordinance No. 1614-94 - Increasing Estimated Revenues
and Appropriations by $4,000 in the General Fund From
the Reserve for Athletic Expenditures.
MOTION:
Councilman Bookey MOVED for approval of Ordinance No. 1614-94 and
Councilman Measles SECONDED the motion.
There were no public or council comments.
VOTE:
Bannock:
Yes
Smalley:
Yes
Williams: Yes
Bookey:
Yes
Swarner:
Yes
Monfor: Yes
Measles:
Yes
MOTION PASSED UNANIMOUSLY.
C-2.
Resolution No.
94-71 -
Adopting the
City of Kenai,
Alaska 1995-96
Capital
Improvement
Project (CIP)
Priority List
for Request for State
Grants.
MOTION:
Councilman Smalley MOVED for approval of Resolution No. 94-71 and
requested UNANIMOUS CONSENT. Councilman Bookey SECONDED the
motion.
KENAI CITY COUNCIL MEETING MINUTES
NOVEMBER 23, 1994
PAGE 10
There was no public comment. Smalley stated the intent of his
motion was to include the list which was handed out at the
beginning of the meeting.
Williams stated the list was prepared as indicated by council
during their work session on November 22, 1994. Williams
referred to Kornelis' memorandum also distributed at the
beginning of the meeting regarding the reallocation of DEC grants
discussed at the work session. Williams added Administration
will follow up with the information packet in regard to the CIP
project lists.
Smalley noted the amount total needed to corrected.
VOTE:
Councilman Measles requested UNANIMOUS CONSENT. There were no
objections. SO ORDERED.
C-3. Resolution No. 94-72 - Authorizing an Amendment to its
Public Employee's Retirement System Participation
Agreement.
MOTION:
Councilwoman Monfor MOVED for approval of Resolution No. 94-72
and Councilman Smalley SECONDED the motion.
There was no public comment. Measles asked if the city refers to
the summer employees as seasonal. Graves stated the city does
not, however PERS does. PERS has stated the agreement can be
changed and this will no longer be an issue with them.
Acting Finance Director Feltman reported these hires go through
the normal hiring practices each year. Even with these
procedures, PERS thinks they are seasonal and that they may have
been told or it was insinuated to them they would be rehired.
Measles stated he was concerned that at some time the City may
have an employee who is "seasonal." Changing the agreement would
then lock that person out of PERS. Graves stated it would,
however, the agreement could be amended again. Measles stated
the summer park workers and dock workers could then be
interpreted again to be seasonal workers and the same problem
would arise. Discussion continued.
KENAI CITY COUNCIL MEETING MINUTES
NOVEMBER 23, 1994
PAGE 11
MOTION:
Councilman Bannock MOVED to amend Resolution No. 94-72 by
changing the word "summer" in the last line of the fourth whereas
to "season." Councilman Smalley SECONDED the motion.
Graves stated Finance Director Brown probably wrote the
resolution with "summer" because most of the positions PERS is
questioning are hired in the summer.
VOTE ON AMENDMENT:
Councilwoman Swarner requested UNANIMOUS CONSENT. There were no
objections. SO ORDERED.
In further discussion, Councilman Measles referred to the Alaska
Statute (included in the resolution attachments) which defines
the "seasonal" worker. Measles noted the definition would not
include the summer workers. Graves stated he agreed and added
Brown probably offered the resolution to change the agreement in
order to have PERS happy. The PERS representative disagrees the
auditor argument is not a statute argument.
Williams suggested the PERS representative be informed our
auditor has not discussed this as a problem. Feltman stated she
did not know if Brown had stated that to the representative.
Williams stated he thought Council should deny the amendment.
The state government will be changing soon and there could be a
different interpretation from PERS at that time.
Measles stated he did not see an immediate problem. Measles
suggested if the resolution fails, a letter be sent to PERS
objecting to that section of the audit and give reasons why.
Graves stated Brown has traditionally objected to their
interpretation. Graves added he believed PERS suggested the
amendment to the agreement. Brown is not strongly for the
amendment.
Measles again stated if the resolution fails a written objection
be sent to PERS so that the city's position is in writing and on
file. There may be a time when the City will want to hire a true
seasonal employee and we wouldn't want that employee locked out
of PERS.
KENAI CITY COUNCIL MEETING MINUTES
NOVEMBER 23, 1994
PAGE 12
VOTE ON AMENDED MOTION:
Bannock: No
Bookey: No
Measles: No
Smalley: No
Swarner: No
MOTION FAILED UNANIMOUSLY.
Williams: No
Monf or : No
C-4. Resolution No. 94-73 - Transferring $24,000 in the
General Fund for Lobbyist Services.
MOTION:
Councilwoman Swarner MOVED for adoption of Resolution No. 94-73
and requested UNANIMOUS CONSENT. Councilman Bookey SECONDED the
motion. Councilman Bannock objected to unanimous consent.
VOTE:
Bannock: No
Bookey: Yes
Measles: Yes
MOTION PASSED.
Smalley: Yes
Swarner: Yes
Williams: Yes
Monfor: Yes
C-5. Resolution No. 94-74 - Supporting Alaska Housing
Finance Corporation.
Mayor Williams requested the resolution be removed from the
agenda as there was a difference of opinion at the AML Conference
in regard to the State handling portfolios.
MOTION:
Councilman Measles MOVED for removal of Resolution No. 94-74 from
the agenda and disposal of the resolution. Measles requested
UNANIMOUS CONSENT. Councilman Smalley SECONDED the motion.
There were no objections. SO ORDERED.
C-7. 1995/96 Liquor License Renewal - KMart Liquor - Package
Store.
Approved by consent agenda.
KENAI CITY COUNCIL MEETING MINUTES
NOVEMBER 23, 1994
PAGE 13
ITEM D: COMMISSION/COMMITTEE REPORTS
D-1. Council on Aging
Swarner reported the minutes of the last Council on Aging meeting
would be included in the next council packet. Swarner also
reminded council of the Center's appreciation dinner for them.
The dinner was scheduled for Monday, November 26, 1994 at 6:00
p.m.
D-2. Airport Commission
Measles stated he did not attend the last meeting. Ernst
reported the Commission met on November 17 after postponement
from the regular meeting date a week before. The postponement
was due to the large snowfall.
Ernst reported the Commission listened to a request from the
Commander of the Civil Air Patrol for the paving of the taxiway
to the CAP building. This discussion has been included on the
agenda as Item H-7.
Ernst referred to the application included in the packet from
Barbara Edwards for placement on the Airport Commission. Ms.
Edwards is the office manager for Mark Air and her placement on
the Commission would fulfill the representation of the airlines
as well as completing the seven -member commission.
Williams asked if there were any objections to the appointment of
Barbara Edwards to the Airport Commission. There were none.
D-3. Harbor Commission
Councilman Bookey reported the Commission talked about the Cone
property application, bluff erosion and river entrance
sedimentation. Bookey referred to the Corps of Engineers
representative's report of his visit to Kenai which was included
in the packet.
Williams reported he had received verbal notification from
Commissioner Knackstedt that he wished to resign from the
Commission. Williams referred to an application from Captain
Mike McCune which was included in the packet. Williams asked if
there were objections to appointing McCune to the Commission.
There were none.
KENAI CITY COUNCIL MEETING MINUTES
NOVEMBER 23, 1994
PAGE 14
D-4. Library Commission
Councilwoman Monfor reported there was no
Monfor reminded Council of the Library's
scheduled for December 15 from 4:00 p.m.
D-5. Parks & Recreation Commission
meeting in November.
annual open house
to 7:00 p.m.
Councilman Bannock reported the minutes of the last meeting were
included in the packet. Commissioner Sandahl suggested a need
for a park at the end of Cook Inlet View Drive. There are many
children living in that area. He suggested a "sand lot" type
park. The consensus of the Commission was to investigate the
possibility of developing a park in that area.
Bannock added the Commission also updated their five-year plan
moving some of their objectives to 1998.
D-6. Planning & Zoning Commission
Councilman Smalley reported the minutes of the November 9, 1994
meeting were included in the packet. Smalley reported on the
actions taken by the Commission. Smalley added the problem
property in Deepwood Park has been resolved. The house was sold
along with a portion of the other property. The preliminary plat
was approved by the Commission.
Smalley reported a preliminary plat for the Leo Oberts
Subdivision was approved, as well as an encroachment permit on
Kaknu Way, and a conditional use permit for cutting Alaska woods
at the Alaska Gift & Gallery on the Spur Highway.
Williams questioned why the business required a conditional use
permit when Kenai Supply was on a neighboring property and also
had loud machines. Smalley stated the permit was required due to
neighboring residential properties. Kenai Supply was probably
grandfathered. A sawmill was not a permitted use in the Code and
there were concerns about noise. After discussion Commission
felt there would not be a problem with noise.
Smalley also reported a rezoning of Thompson Park was tabled for
further investigation of RS-1 and RS-2 zones.
A platting procedure was adopted and Commission discussed a code
enforcement problem in Valhalla Heights for an illegal trailer.
KENAI CITY COUNCIL MEETING MINUTES
NOVEMBER 23, 1994
PAGE 15
Councilman Smalley reported the Commission urged Council to meet
with them in a joint work session to discuss the Borough's
proposed overlay ordinance. Smalley referred to minutes and
other information from the Borough work sessions which the Clerk
distributed to Council for their information. Smalley added he
believed it was important that someone from the Council be
included on the Borough's committee as a voting member. It is
important the City of Kenai be represented because the proposed
ordinance affects approximately 6,000 acres of land within the
city limits.
Councilman Measles added the Borough first thought they would
have an ordinance in place and regulations written in 60 days.
They have now changed that position as it is a lot more involved
than they expected. As the ordinance is now written, it suggests
city zoning would take priority over what the Borough might do
within the city, but if the ordinance passes, the Borough
Planning Department would write the regulations based on three
different studies done on the Kenai River. It is also their
intent that enforcement of the regulations would be given over to
State Parks.
Measles stated he objected to State Parks enforcing the
regulations instead of the Borough. He intends to attend as many
work sessions as possible. Measles added he believes the City
should stay closely involved as well. Measles stated he felt he
had a conflict in representing the City as he is also attending
the work sessions as property owner along the River and outside
of the City. He may have conflicting opinions.
Measles added the ordinance would include most of Old Town and a
large area of subdivision and the east side of the highway. At
the first meeting, the inclusion of tributaries of the Kenai
River was also discussed. If they are included, there would be
approximately 15,000-20,000 acres involved.
Measles stated his biggest concern, outside the City's concerns
from a zoning standpoint, is the additional regulations which
will be put on property owners. The property owners cannot do
anything to better the bluff erosion problems because of all the
agencies' involvement. If the Borough is involved, they should
be in order to help the property owners to deal with the
agencies.
Smalley stated the intent of the committee is to have only
representatives from the Assembly on the committee. Smalley
KENAI CITY COUNCIL MEETING MINUTES
NOVEMBER 23, 1994
PAGE 16
recommended the City write a letter requesting the Assembly
expand the committee to include someone from the Kenai and
Soldotna councils. Williams suggested the letter also state the
City is a first-class home -rule chartered city under Title 29 and
anything going on inside the City should be reviewed by the City
and the committee should include someone from the City on the
committee.
Clerk Freas was requested to write a letter to the Borough with
the concerns stated and request placement of a city
representative on the Borough's committee.
Councilman Smalley suggested December 14 as date for a joint work
session with Planning & Zoning. December 14 is the Commission's
scheduled meeting date. The work session could be before the
Commission meeting. It was agreed to hold a joint work session
with the Planning & Zoning Commission on December 14, 1994 at
7:00 p.m.
D-7. Miscellaneous Commissions and Committees
a. National Civic League - Councilwoman Monfor reported
she and Councilwoman Swarner attended a "Healthy Communities"
conference in Philadelphia. Monfor stated it was the best
conference she had ever attended. From the different sessions
she and Swarner attended, they felt the city was doing everything
right. They also attended a governance conference which was not
as informative. They found however, Kenai does not have the
problems that other parts of the country do have. It was a good
learning experience.
Councilwoman Swarner agreed with Monfor. Swarner also reported
the Kenai Peninsula was featured in the Dillards clothing
catalog. Swarner suggested letters of thanks should be sent out
to groups who have done volunteer work, such as Key Bank, after
doing a proclamation. No direction was given.
Monfor added people they spoke to about activities going on in
our community (Habitat for Humanities homes, etc.) were
overwhelmed by the city's involvement.
b. National League of Cities - Williams reported he and
Manninen would be attending the conference in Minneapolis next
week.
KENAI CITY COUNCIL MEETING MINUTES
NOVEMBER 23, 1994
PAGE 17
C. Alaska Municipal League Conference - Williams, Smalley
and Bookey gave overviews of sessions they attend in Juneau
during the conference. Smalley stated he attended a workshop on
unfunded mandates on environmental issues, hazardous waste
disposal programs, etc.
Williams congratulated Councilman Bookey on being elected to the
AML Board of Directors. Williams noted the City of Kenai will be
well -represented in AML discussions.
Bookey stated before the next AML board meeting, he would like to
speak with councilmembers regarding the direction they would like
him to take with AML.
d. Townsite Historic Board - Williams stated he plans on
attending the next board meeting on December 15. He will discuss
a number of items with them, including the Kasprinsin student
regarding what Old Town may turn into at a later date. Williams
requested suggestions from council.
Williams added he has requested the engineering technician
furnish him drawings of land ownership of Old Town. He will
explain to the Board why the council has not moved on that
program, i.e. what the cost would be in undertaking such a
project.
Williams requested Kornelis do a brief synopsis of the bluff
erosion problem; Graves to produce code information regarding
vehicle traffic on the beach and signage information; La Shot to
gather existing information regarding the ownership of the Fish &
Wildlife facility and why the City cannot be given ownership of
the property (Williams suggested La Shot get in touch with Willa
Konte at KNA if he has questions.); Kornelis was also requested
to get an update on the Mission Street paving project and whether
negotiations with the Church are complete.
Smalley referred to the letter included in the packet from Judith
Bittner accepting Malanaphy, Murphy and Boraas as fulfilling the
HDB's professional members requirement. Smalley was concerned
that Malanaphy's "membership" could not be due to ris not living
in Kenai and that the Code requirement for members living outside
the City had been filled. Clerk Freas explained Bittner was
referring to meeting criteria as a consultant to the Board.
KENAI CITY COUNCIL MEETING MINUTES
NOVEMBER 23, 1994
PAGE 18
Smalley also requested when the Board requires correspondence be
written, it go through the city offices. Bookey agreed, the
Board should not be sending out anything.
Williams requested the information be included in the Board's
packet for their December 15 meeting.
ITEM E: MINUTES
E-1. Regular Meeting of November 2, 1994.
Approved by consent agenda.
E-2. Goals & Objectives Work Session of November 2, 1994.
Approved by consent agenda.
ITEM F: CORRESPONDENCE
None.
ITEM G: OLD BUSINESS
G-1. Kenai Bicentennial Visitors & Cultural Center - UV
Light Reduction and Humidifier Requests.
Councilwoman Swarner referred to the memorandum included in the
packet from Building Official Bob Springer which discussed his
findings of the requests submitted by the Visitors Center.
Swarner stated she would like a consultant from Brown's Electric
to go to the building and inspect the lights. Measles stated he
would feel more comfortable with any decisions council makes if a
consultant first investigates the lighting. Kornelis stated he
believed Springer telephoned a representative at Brown's
Electric, but he would check with Springer about the information
he collected.
Diane Rathman - Reported the biggest problem they have at this
time is the windows. The lighting problem can be solved by
placing a sleeve over the tube. Williams questioned who
identified the windows as a problem. Rathman answered she gave
the information she had to a representative from the Alaska State
Museum and conferred with the conservator there.
KENAI CITY COUNCIL MEETING MINUTES
NOVEMBER 23, 1994
PAGE 19
Williams stated he thought the biggest concern was the humidifier
problem. Humidifiers can ruin exhibits. They are hard to
control and maintain. He observed at the Juneau museum glasses
of water were placed in exhibits as a way to regulate. It's a
temporary solution. Measles stated he understood the humidifier
control was in the air conditioning system. Bookey stated it was
not, that is a temperature and filtering system or dust control,
but no humidity.
Bookey added he was not comfortable in replacing the windows on
the north side. Bookey added he was on the building committee
before he was on the council. The committee discussed this. The
architect guaranteed the direction, size and that the north light
was museum quality light and there would be no problem. Bookey
stated he felt this was another "got ya" with the engineering and
design. Williams suggested the problem should be discussed with
the engineer and architect. Rathman suggested a museum
conservator inspect them as well.
Bookey added he was not convinced there was that much of a
problem. Williams suggested the problems be sent back to Kluge
and the museum conservator to discuss. Find out what the effects
of humidifying the building would be, a plan for humidifying, and
how the system would be installed. More information is needed
for council to make a decision. December is a dark month and the
light from the windows won't do as much damage. Now would be a
good time to investigate.
Monfor requested a consultant from Brown's Electric also
investigate the lighting problems.
Measles stated the cost is not that much for the investment they
are protecting if it is what is needed to be done. There are
other concerns about other fixtures and dimming the lights is not
a solution to the problem. An expert is needed.
Rathman stated the incandescent lights are not a problem because
they can be turned down. Also they can use cool incandescents.
That is not a cost consideration for council to worry about. The
problem would be for the $378 for the sleeves on the fluorescent
lights. The fluorescent lights do the most damage.
Williams requested the information be brought back to Council for
review later after it is found what to do, etc. Council agreed.
KENAI CITY COUNCIL MEETING MINUTES
NOVEMBER 23, 1994
PAGE 20
G-2• Kenai River Overlay District (KPB Ordinance No. 94-
52) - Request for Joint Work Session.
Discussed at D-6.
BREAK TAKEN: 9:59 P.M
BACK TO ORDER: 10:13 P..
M.
G-3. Glacier Environmental Contract Amendment
(verbatim)
Williams: Of course you have a memorandum in the packet from the
Acting City Manager and the Public Works Director and the
Engineering Technician regarding this matter.
We'll begin the discussion first of all, with Administration.
Bring us up to date briefly on your findings from the last
meeting. We have Contract Amendment No. 1 and we also have a
cover letter from Glacier Environmental.
Kornelis: After the last council meeting at direction of
council, Mr. Steve Miles, who is also in the audience, Rachel
Clark and Jack La Shot met together. I guess Tom also was there
part of the time, and discussed the amendment, Contract Amendment
No. 1, which is in your council packet. With that, I think
probably Rachel would be the best one to answer any questions.
Clark: I guess I don't have much to add to the memo, unless you
have specific questions.
Williams: Okay, there was one concern that I did have. There
seems to have been a considerable amount of discussion regarding
the withholding of funds. It seems to me that the City's
currently withholding $112,000. Correct me if some of the
numbers may not be . The City's currently withholding
$112,000 for work completed.The contractor feels that this is
causing severe impact on their cash flow. They're urging the
City to release withholdings as described in their contract
amendment presented to council which would leave the city with
$63,000 and the performance bond as security.
The very front page they say that withholding 60%... let's see,
the city currently withholds 600 of each bid item until the ADEC
declares all the soil clean. Contractor suggested releasing up
to 90% which would leave the city withholding $64,100 and by the
KENAI CITY COUNCIL MEETING MINUTES
NOVEMBER 23, 1994
PAGE 21
City's numbers, the default of the contractor would leave us with
a bill of about $62,112. It seems as though the bill that we'd
be left with at $62,000 would more, would be covered by the $63
or four whichever is correct, and it wouldn't be necessary to
withhold the full 112. That was one area they did look at pretty
closely.
Clark: You're saying that if we release the ten percent, if we
up, if we released up to 90%, we'd still be keeping $64,000 and
you're right. With my estimate and the contingency that, that
would be covered. 80% would give us a bigger cushion, but I
don't know how much...
Manninen: Let everybody know what the 80% would be and what the
Bannock: $93,000.
Williams: Yeah, even $93,000 ah, I'm looking at it from the
standpoint that the $63,000 or $64,000 would be sufficient to
cover, plus it appears that there would be in fact the
performance bond to fall back on as well. So I question whether
it's really necessary to withhold any more than what our
estimates are to complete the job as long as we have the
performance bond in place. What I'm looking at, I guess I'm
playing to the contractor's side of it because I don't want to
see him injured too much.
In this case, if we go back over it, there's been a tremendous
amount of injury to a lot of parties along the way and this whole
job has turned out to be considerably different in all aspects
than what we had earlier anticipated. I just don't want to see
our contractor, who's walked into something unexpectedly, be, get
shafted in this thing either along with everybody else.
Manninen: Based, based on that recommendation, the sheet that
was passed out, just to put it on the record, the City's
previously paid, according to Rachel's calculations, $116,056.10
and if the city released 80%, instead of any other percentage,
the total payment would be $219,074.80. So Glacier would get
$51,018.70 and this amendment which would leave $93,020.20 to
finish if Glacier defaults in addition to the performance bond.
And, as well all know, performance bonds may not be that easy to
collect on but that's what is in our spec. I think the staff
feels they can live with the, the city could live with the
KENAI CITY COUNCIL MEETING MINUTES
NOVEMBER 23, 1994
PAGE 22
$93,000 being withheld with the performance bond and that's the
staff's recommendation, but it's up to the council to decide what
they're going to accept.
Williams: Councilwoman Monfor first.
Monfor: Mr. Mayor, at our last council meeting, we gave this
back to Administration to work out what they felt would be
acceptable to the City and, and the contractor and I'd like to
know, I know that now Public Works must feel fairly comfortable
with this or they would not have brought it to us. I want to
know how the attorney feels and I feel Mr. Manninen must also
feel comfortable by the way he spoke at it.
I don't think that we can go on and on with this all night long
and it's not that I want to rush. This is a very serious issue.
But why would we give it back to Administration to deal with and
why would they bring it back if they don't feel comfortable.
Williams: Well, I'm not saying they don't feel comfortable. I'm
just saying I don't feel comfortable.
Graves: Regarding the amount to be withheld, and that was a
matter of some internal discussion with Public Works, myself,
both Tom and Charlie. The reason the $93,000 amount arrived on
was we didn't want to be in a situation where if Mr. Miles and
Glacier defaulted, and we're not saying they are going to, that
we came up short funding and had to call the performance bond, we
wanted to make absolutely sure we had enough money to where we
could just burn the soil and get rid of it and not have to call
in the bond, even though you think it's good. We just want to
make that cushion. And even though it's going to be close at the
62 figure, we all kind of felt like, why don't we build in a
little cushion so we can come to council and say we're
comfortable with this number if there is a default we think we
can burn the soil within this parameter, so that's why we came to
this number.
Monfor: Okay. Thank you.
Graves: And I feel, I feel better with the 93 number just to
make sure we can tell you we're almost positive we have enough
money to burn the soil somewhere if a problem develops. And 63
would be cutting it close.
Williams: Yes.
KENAI CITY COUNCIL MEETING MINUTES
NOVEMBER 23, 1994
PAGE 24
Clark: They don't, like any contract, they don't really have a
start-up date. Whenever they choose to start work and I would
hope that would be as soon as weather permitted in the spring.
Miles: As soon as weather permits, we'll be back and we will
make this problem go away as soon as possible. We're asking for
an extension through the end of summer, but that's only so that
we don't have to come back in the middle of summer and ask you
for an additional extension. We want to be through with it as
much as you.
Manninen: In our discussion that we had briefly that morning
after the last council meeting, I thought about it a little bit
after that and thought the only incentive for the city and also
for would be the earlier you start, the earlier you
finish. You want to get out of here. We want to get the pile
out of here. But we also have the question of whether we're
going to forgive the penalties that have previously accrued and I
guess, if the city says yes to that, it would be good faith on
your part to start early and to set a start date and if you don't
start on the day you say you're going to start, then the
penalties start up again. But, you know, that's just my thought.
I didn't see anything in this agreement.
Miles: I would have no problem with something like that. I
wouldn't want to tell you I could be here May first starting if
the treatment pond that we're dealing with is still frozen solid
or covered with 50 inches of snow.
Manninen: Just to get a date.
Miles: If you're more comfortable with that, I wouldn't have a
problem with it at all.
Clark: What you consider starting, you're going to have to go
through the whole work plan deal again and that's technically
starting work on the project, but it's not strictly...
Manninen: Start cleaning soil on site...
Clark: Physically on site?
Smalley: Actively cleaning soils.
Clark: Okay. We can add that.
KENAI CITY COUNCIL MEETING MINUTES
NOVEMBER 23, 1994
PAGE 26
Williams: I know, but as I said before, we made it awfully tough
on the contractor by reducing his contract by a considerable
amount by putting in threatening and intimidating language with
regards to, we might just come back to get you with another
penalty...
Bookey: If the job had been done at this point, we wouldn't even
be through with this.
Williams: But, we may not have presented the contract with the
proper information going in either. That's the other side. It's
quite obvious that somebody screwed up the information going in.
Councilman Bannock.
Bannock: Going back to that contract time and liquidated
damages. I'm a little concerned where it says about "may be
assessed." Who, how, how could you sign a contract where $5400
is yet to be decided.
Graves: Well, I, I think it means we have the right to assess
it, but we haven't made the decision whether or not we're going
to exercise that right and the reason that was done was because
in the future there may be costs related with the site assessment
that are increased because of the delay in this process. We
don't know that yet. And I think Rachel and I and everyone
thought we wanted the right to recoup some of that extra cost so
that come November when this contract is done, we could say, we
had to spend 3,000 more dollars doing the site assessment because
of this delay so we want to recoup that $3,000 by assessing
liquidated damages. But it may be that we don't really need to
spend that money so council may not want to do that. That's why
we wrote it that way ... to give the council an option and to not
charge liquidated damages if the council doesn't feel that they
should be.
Bannock: Mr. Miles, would you sign this Contract Amendment No. 1
the way that it's written?
Miles: Yes. Really the only question I have would, about the
wording of the amendment would be the language regarding our
delay of the site assessment. The language is put in the thing
says that we'll be responsible for the cost of any other
contractor working on site. Ah, I'm not aware of any other
contractors coming on site except GeoEngineers and I'm certainly
understand and certainly agree that if GeoEngineers work is
KENAI CITY COUNCIL MEETING MINUTES
NOVEMBER 23, 1994
PAGE 28
MOTION:
Councilman Smalley MOVED that the City of Kenai enter into a
contract Amendment No. 1 with the City of kenai and Glacier
Environmental Services as indicated in Item G-3. Councilman
Measles SECONDED the motion.
Councilman Smalley asked if a second amendment would be needed to
indicate the city will be withholding 80% in the amount of
$93,020. Measles stated that is part of the contract amendment.
Williams stated he would vote no on the motion because of the
amount of money being withheld and the knowledge of the reduction
in the original contract.
VOTE:
Bannock: Yes Smalley: Yes Williams: No
Bookey: Yes Swarner: No Monfor: Yes
Measles: Yes
MOTION PASSED.
G-4. Resolution No. 94-65 - Awarding a Contract to
GeoEngineers, Inc., for Environmental Services on Lots
13 and Lot 14, CIIAP Site Assessment, 1-994 Project for
a Not -to -Exceed Amount of $27,580.00.
MOTION:
Councilman Smalley MOVED to remove Resolution No. 94-65 from the
table and bring it back before council.
Measles referred to the memorandum included in the packet where
it stated "GeoEngineers believes they will be able to do the site
assessment through the liners, etc." Measles stated he did not
want to approve the resolution on a "believe they can do it."
Clark stated they can do the work through the liner in the
working area but not underneath the pond. If Phase I shows they
need to do a boring, it would be delayed until the pond is
removed. They are aware of this and they estimated $500 to take
a boring if it is necessary. The full site assessment would not
be completed until mid -summer.
KENAI CITY COUNCIL MEETING MINUTES
NOVEMBER 23, 1994
PAGE 30
H-4. Ordinance No. 1616-94 - Increasing Estimated Revenues
and Appropriations by $22,475 in the General Fund for
Traffic Enforcement Equipment.
Approved by consent agenda.
H-5. Ordinance No. 1617-94 - Increasing Estimated Revenues
and Appropriations by $53,376 in the General Fund for
Salaries and Overtime for Removal of Snow Berms from
Driveways.
Removed from consent agenda as discussed at the beginning of the
meeting. The ordinance introduction failed unanimously.
H-6. Discussion - Draft Ordinance Amending the Kenai
Municipal Code to Formalize City Policy Regarding
Authority of the Finance Director to Control
Disbursements and Expenditures.
Williams requested the item be removed from the agenda until
Finance Director Brown returns.
MOTION:
Councilman Bookey MOVED to remove the item from the agenda and
Councilwoman Monfor SECONDED the motion. There were no
objections. SO ORDERED.
H-7. Discussion - Extension of Taxiway F to Civil Air Patrol
Hangar.
Williams referred to the memorandum and letter included in the
packet. Ernst stated there would be no financing for the
project. The monies would be taken from the Airport Fund. They
originally tried to get AIP funding for the project, but FAA said
no. CAP was told to come back to the Airport Commission and
request use of Airport Funds.
Ernst stated the engineering of the project is partially done.
CAP would like the remainder of the engineering to be done in-
house in order to get it to bid.
Tom Thibodeau - Airport Commission Chairperson. Stated he has
been involved with the project through the CAP and the Airport
Commission. Thibodeau explained the CAP tried to get funding for
the project but was not successful. Their operating funding from
KENAI CITY COUNCIL MEETING MINUTES
NOVEMBER 23, 1994
PAGE 32
checked. Councilman Bookey SECONDED the motion. Councilman
Smalley requested UNANIMOUS CONSENT. There were no objections.
SO ORDERED.
ITEM I: ADMINISTRATION REPORTS
I-1. Mayor
a. National League of Cities - Referred to a letter
distributed at the beginning of the meeting thanking the city for
its involvement in National Unfunded Mandates Week.
b. Department of Environmental Conservation Letter -
Referred to a letter distributed at the beginning of the meeting
regarding request for additional public review of proposed
changes to Alaska's air quality regulations.
C. Display Case - Williams discussed the need for
additional curio cabinet space. A memorandum from Kornelis was
included in the packet with two prices from two businesses.
There was no objections from council to purchase the cabinet.
Kornelis was requested to have a purchase order for the work
included in the next council packet.
d. Ice Rink Feasibility Study - Williams reported the EDD
was looking for funding to have a feasibility study done for
placing ice rinks on the Peninsula. They have received
commitments from Homer, Seward, KPHA, etc. for donations.
Williams requested the City donate $1,000 toward the study costs.
MOTION:
Councilman Bookey MOVED to donate $1,000 for an ice rink
feasibility study. Councilman Smalley SECONDED the motion.
There were no objections. SO ORDERED.
e. Ratification of Goals & Objectives - Clerk Freas
referred to Attachment A of the notes from the November 22, 1994
work session which listed the short-term and long-term goals
council defined at that work session.
MOTION:
Councilwoman Monfor MOVED for approval of the short-term and
long-term goals and objectives listed in Attachment A of the
KENAI CITY COUNCIL MEETING MINUTES
NOVEMBER 23, 1994
PAGE 34
application for All -America City status. Williams suggested
Clerk Freas travel to Barrow to help them. Williams stated a
representative from their office is to call on Monday and talk
with Freas.
j. National League of Cities Conference - Williams
reported he was offered airline tickets, etc. for an additional
person from the city to attend the NLC conference in Minneapolis
next week. Mayor Lancaster is now unable to attend and asked if
Kenai would want to purchase their tickets, etc. Consensus of
council was no thank you.
k. Student Government Day - Williams reminded council
December 7 is Student Government Day.
1. Additional Restroom at Softball Field - Williams
referred to Information Item No. 12 in which Public Works
included an estimate for the design and construction of an
additional restroom at the softball field. Cost is less due to
the in-house design. Council consensus was to have the restroom
facility designed in-house.
M. Machinery Exhibit Building - Williams referred to the
same memorandum which also included material costs (no labor) for
the building of an exhibit building to hold historical machines.
Council requested to not speak to this item at this meeting.
Williams requested it be brought back for discussion at the
December 7 meeting. There were no objections.
1-2. City Manager
a. Unocal Letter - Manninen stated there were two things:
One was the November 15th Unocal letter discussing an Exchange
Agreement that Unocal has with Marathon, effective December
first. Manninen stated it was I-2 on the agenda and requested
Council's feeling on it.
No clear direction was given.
b. Western Geophysical Request - Manninen referred to the
letter included in the packet from Western Geophysical.
Williams stated council may recall that the city owns certain
properties from which royalties are collected which they will
want to test. A short discussion followed.
KENAI CITY COUNCIL MEETING MINUTES
NOVEMBER 23, 1994
PAGE 36
ITEM J: DISCUSSION
J-1. Citizens
Bob Peters - Referred to the trip report from the Corps of
Engineers representative who reviewed the bluff erosion in Kenai.
Peters suggested the city begin the permit process in order to
propose something to be done. Kornelis stated he could begin
preliminary engineering, however drawings would have to be
submitted. A budget could also be required to be submitted.
Dave Karp - Reported the Tourism & Marketing Council has 340
members and has received 10,000 requests for tourism information.
He will supply the city with their new planners guide. They will
be trying to bring in conventions, etc. to the Kenai Peninsula.
They plan to be more active in the infra -structure role on the
Peninsula.
J-2. Council
Bookey -
No report.
Swarner
- No report.
Monfor -
No report.
Measles
- No report.
Bannock
- No report.
Smalley
- Wished Clerk
Freas happy birthday.
ITEM K: ADJOURNMENT
The meeting adjourned at approximately 11:30 p.m.
Minutes transcribed and submitted by:
Carol L. Freas, City Clerk
Suggested by: City Manac_
CITY OF KENAI
RESOLUTION NO. 94-70
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA,
TRANSFERRING $4,903 IN THE GENERAL FUND FOR COMPENSATION TO THE
ACTING CITY MANAGER.
WHEREAS, the City Council has authorized an additional payment of
$100 per day to the Acting City Manager during periods of absence
by the City Manager; and,
WHEREAS, the FY95 budget provided 30 days additional payment for
the Acting City Manager; and,
WHEREAS, through October 21, 1994, 26 days have been used; and,
WHEREAS, the City Manager has estimated that he will be absent
from work for 50 days during the months November through June,
1995.
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
KENAI, that the following budget transfers be made:
General Fund
From: Other - Contingency 4 903
To: City Manager - Salaries $ 4,600
City Manager - Worker's Comp 23
City Manager - Medicare 65
City Manager - PERS 215
4 903
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day
of December, 1994.
JOHN J. WILLIAMS, MAYOR
ATTEST:
Carol L. Freas, City Clerk
Approved by Finance:
12/01/94
kh
KENAI CITY COUNCIL MEETING MINUTES
NOVEMBER 2, 1994
PAGE 16
Councilman Smalley stated Administration should be instructed to
transfer funds from construction to inspection.
C-8. Resolution No. 94-68 - Awarding a Contract for the
Architect/Engineering Schematic Design Phase on the
Project Entitled Vintage Pointe Manor 1995 Addition
(Congregate Housing Project) to Kluge and Associates
for the Not -to -Exceed Amount of $15,330.00.
MOTION:
Councilman Measles MOVED for adoption of Resolution No. 94-68 and
Councilwoman Monfor SECONDED the motion.
There were no public or council comments.
VOTE:
Councilman Measles requested UNANIMOUS CONSENT. There were no
objections. SO ORDERED.
C-9. Resolution No. 94-69 - Declaring the Following
Equipment, Supplies, and Materials Surplus or Obsolete.
MOTION:
Councilman Smalley MOVED for approval of Resolution No. 94-69 and
Councilwoman Swarner SECONDED the motion and requested UNANIMOUS
CONSENT.
There were no public comments. Measles suggested the
miscellaneous laboratory chemicals be removed from the list and
disposed of properly disposed.
VOTE:
There were no objections. SO ORDERED.
C-10. Resolution No. 94-70 - Transferring $4,903 in the
General Fund for Compensation to the Acting City
Manager.
MOTION:
Councilman Smalley MOVED for adoption of Resolution No. 94-70 and
Councilman Measles SECONDED the motion.
KENAI CITY COUNCIL MEETING MINUTES
NOVEMBER 2, 1994
PAGE 17
There were no public comments. Monfor questioned whether payment
is made for the Acting City Manager every time the City Manager
is out of the office. Manninen answered if it is a full day.
Monfor asked why it had not been done before. Monfor added she
understood if the city manager is gone for a week, is out of
state, etc. then there should be an acting city manager.
Manninen stated payment has not been for many one -day times, it
has been mostly for three to five days.
Smalley stated he remembered their last discussion. He
understood Council wanted to make the payment and that is why it
was approved. Swarner stated she had a different recollection.
Swarner asked if the code was changed in regard to payment to an
acting city manager. Graves answered it was a policy decision
made by Council that when Manninen was out of the office for a
day or more, payment would be made. It was not a code amendment.
Swarner stated she had a problem with payment when the city
manager was gone only one or two days. There is telephone
communication available. If he were out of the country or out of
state, then it would be different. With communications
available, it is not needed on a daily basis.
Williams stated it sounded like Council had some concerns over
the policy they created and do not remember what the policy is.
Williams suggested a specific method should be adopted for the
future. Measles agreed. The topic keeps coming up so something
needs to be in writing so everyone knows the procedure.
Williams suggested an ordinance needs to be created to amend the
city manager functions. Measles stated he did not believe the
Code needed to be modified. Monfor agreed as there could be an
assistant city manager next year. Williams suggested Council
needed to adopt something specific instead of the policy being
set by Administration. Measles stated the Council sets the
policy.
Measles stated there was past discussion and concern of how long
the city manager needs to be out of the office before an acting
city manager is paid. However, he did not remember if there was
an agreement.
Monfor requested the Clerk research the minutes and see what
transpired. Manninen stated his recollection was the amount of
time out of the office was open-ended. Graves noted that code
requirements for "acting" positions differ between departments.
KENAI CITY COUNCIL MEETING MINUTES
NOVEMBER 23, 1994
PAGE 22
$93,000 being withheld with the performance bond and that's the
staff's recommendation, but it's up to the council to decide what
they're going to accept.
Williams: Councilwoman Monfor first.
Monfor: Mr. Mayor, at our last council meeting, we gave this
back to Administration to work out what they felt would be
acceptable to the City and, and the contractor and I'd like to
know, I know that now Public Works must feel fairly comfortable
with this or they would not have brought it to us. I want to
know how the attorney feels and I feel Mr. Manninen must also
feel comfortable by the way he spoke at it.
I don't think that we can go on and on with this all night long
and it's not that I want to rush. This is a very serious issue.
But why would we give it back to Administration to deal with and
why would they bring it back if they don't feel comfortable.
Williams: Well, I'm not saying they don't feel comfortable. I'm
just saying I don't feel comfortable.
Graves: Regarding the amount to be withheld, and that was a
matter of some internal discussion with Public Works, myself,
both Tom and Charlie. The reason the $93,000 amount arrived on
was we didn't want to be in a situation where if Mr. Miles and
Glacier defaulted, and we're not saying they are going to, that
we came up short funding and had to call the performance bond, we
wanted to make absolutely sure we had enough money to where we
could just burn the soil and get rid of it and not have to call
in the bond, even though you think it's good. We just want to
make that cushion. And even though it's going to be close at the
62 figure, we all kind of felt like, why don't we build in a
little cushion so we can come to council and say we're
comfortable with this number if there is a default we think we
can burn the soil within this parameter, so that's why we came to
this number.
Monfor: Okay. Thank you.
Graves: And I feel, I feel better with the 93 number just to
make sure we can tell you we're almost positive we have enough
money to burn the soil somewhere if a problem develops. And 63
would be cutting it close.
Williams: Yes.
KENAI CITY COUNCIL MEETING MINUTES
NOVEMBER 23, 1994
PAGE 23
Bannock: Just a real quick one. On line two of the thing that
just got handed out to us, Kenai ACT file. ACT stands for
something?
Graves: Activities.
Bannock: Great. And, the difference between the $64,000 and the
$93,000 figure here, does Mr. Miles have an opinion on that?
Miles: I would certainly like to see you release as much as you
see fit. And again, I would like to see the council release as
much of the funds for work completed to date as possible. We've
done our own cost analysis for thermal desorption and landfill
disposal and our thermal numbers are almost identical to
Rachel's. We think we can landfill it for slightly cheaper.
Thermal's probably better, the better solution to the problem if
what we're proposing for extended treatment doesn't work or you
folks decided that wasn't what you wanted to allow us to do. But
of course, we would like you to release as much as you see fit.
Williams: Yeah, I'd, I'd say if both sides are comfortable with
the figure of $62,000, Administration just wants to be ultimately
comfortable with 90, how much, $93,000?
Manninen: 93,020.
Williams: Yeah. I'd like to propose a middle ground and say
that we hit the middle of it and hold $78,000 out and give the
contractor the rest. That gives us $15,000 over an estimate
that's deemed to be correct by both our people and the
contractor. Councilman Bookey.
Bookey: I'm not in agreement with that at all. I, I
believe...--'m not sure that I'll even vote for this in favor of
it at 93, but there's no way that I would even entertain an idea
of going below 93.
Williams: Okay. Any further discussion. The question before us
is whether to advise the Administration to go with Contract
Amendment No. 1.
Manninen: The only question that I have and we could have Rachel
tell when, when the start-up date, are we inserting that in the
amendment?
KENAI CITY COUNCIL MEETING MINUTES
NOVEMBER 23, 1994
PAGE 24
Clark: They don't, like any contract, they don't really have a
start-up date. Whenever they choose to start work and I would
hope that would be as soon as weather permitted in the spring.
Miles: As soon as weather permits, we'll be back and we will
make this problem go away as soon as possible. We're asking for
an extension through the end of summer, but that's only so that
we don't have to come back in the middle of summer and ask you
for an additional extension. We want to be through with it as
much as you.
Manninen: In our discussion that we had briefly that morning
after the last council meeting, I thought about it a little bit
after that and thought the only incentive for the city and also
for would be the earlier you start, the earlier you
finish. You want to get out of here. We want to get the pile
out of here. But we also have the question of whether we're
going to forgive the penalties that have previously accrued and I
guess, if the city says yes to that, it would be good faith on
your part to start early and to set a start date and if you don't
start on the day you say you're going to start, then the
penalties start up again. But, you know, that's just my thought.
I didn't see anything in this agreement.
Miles: I would have no problem with something like that. I
wouldn't want to tell you I could be here May first starting if
the treatment pond that we're dealing with is still frozen solid
or covered with 50 inches of snow.
Manninen: Just to get a date.
Miles: If you're more comfortable with that, I wouldn't have a
problem with it at all.
Clark: What you consider starting, you're going to have to go
through the whole work plan deal again and that's technically
starting work on the project, but it's not strictly...
Manninen: Start cleaning soil on site...
Clark: Physically on site?
Smalley: Actively cleaning soils.
Clark: Okay. We can add that.
KENAI CITY COUNCIL MEETING MINUTES
NOVEMBER 23, 1994
PAGE 25
Williams: Well. Excuse me just a minute. The problem with
starting dates is that we never know what we're going to start.
That's why we talk about completion dates because we want to know
when we're going to finish. There's one other point I want to
make too in my once again addressing the issue of giving the
contractor a little bit more money. As I recall, it has been
brought to my attention, that the, we actually reduced this
contract by $100,000 to this contractor. His original contract,
I think, was supposed to go in at $400,000 and it was reduced to
$300,000. So he's making a considerably less profit of margin,
margin of profit, if any at all by virtue of the fact that the
contract was reduced by 25% to begin with. So we effectively
have taken away from the contractor a considerable amount of
earning power that he had anticipated in gaining.
Councilman Smalley.
Smalley: Yeah. I don't disagree with that. I have a tendency
to support that except I, I think I'm like Councilman Bookey. I
don't think I'm willing, especially in light of listening to
Public Works, city administration, city attorney and city
manager, I would probably hold up the 93,020. But, the question
on liquid damages, if we just call them by the wayside, they
won't be assessed and then we get to that date of September 1 as
spoken here at Item 1 of the amended contract, do we then pick up
at the $300 rate or does it go back to the $100 rate for a time
frame, since there was no actual assessed damages.
Graves: After September 1, 1995, it would be $300 per day. From
the period of September 30 to November 24th it would be the old
rate of $100 per day, which I think calculates to about $5400.
Smalley: So that would automatically go into effect...
Graves: The contract amendment does not say we, we must assess
those past liquidated damages. It says we may. So that decision
won't be made until at the end of the contract whether or not,
essentially the council wants to assess that $5400 penalty.
Smalley: Thank you.
Williams: Makes it pretty tough on the contractor all the way
around.
Bookey: It was a bid process....
KENAI CITY COUNCIL MEETING MINUTES
NOVEMBER 23, 1994
PAGE 26
Williams: I know, but as I said before, we made it awfully tough
on the contractor by reducing his contract by a considerable
amount by putting in threatening and intimidating language with
regards to, we might just come back to get you with another
penalty...
Bookey: If the job had been done at this point, we wouldn't even
be through with this.
Williams: But, we may not have presented the contract with the
proper information going in either. That's the other side. It's
quite obvious that somebody screwed up the information going in.
Councilman Bannock.
Bannock: Going back to that contract time and liquidated
damages. I'm a little concerned where it says about "may be
assessed." Who, how, how could you sign a contract where $5400
is yet to be decided.
Graves: Well, I, I think it means we have the right to assess
it, but we haven't made the decision whether or not we're going
to exercise that right and the reason that was done was because
in the future there may be costs related with the site assessment
that are increased because of the delay in this process. We
don't know that yet. And I think Rachel and I and everyone
thought we wanted the right to recoup some of that extra cost so
that come November when this contract is done, we could say, we
had to spend 3,000 more dollars doing the site assessment because
of this delay so we want to recoup that $3,000 by assessing
liquidated damages. But it may be that we don't really need to
spend that money so council may not want to do that. That's why
we wrote it that way... to give the council an option and to not
charge liquidated damages if the council doesn't feel that they
should be.
Bannock: Mr. Miles, would you sign this Contract Amendment No. 1
the way that it's written?
Miles: Yes. Really the only question I have would, about the
wording of the amendment would be the language regarding our
delay of the site assessment. The language is put in the thing
says that we'll be responsible for the cost of any other
contractor working on site. Ah, I'm not aware of any other
contractors coming on site except GeoEngineers and I'm certainly
understand and certainly agree that if GeoEngineers work is
KENAI CITY COUNCIL MEETING MINUTES
NOVEMBER 23, 1994
PAGE 27
delayed or because of my continued presence on the site, it costs
the city more, that I should be responsible for that, but, you
know...
Bannock: And, do we, do we make reference that that's what "may
be assessed" is contingent upon. I don't understand this. The
winds of change could come in and we could say, when he's done in
the middle of August in 1995, what would prevent us from saying,
we decided we want that 5400 extra penalty dollars. I mean, is
there anything that says, okay, we're going after the $5400 if
we, if as a result of this delay, we're in the ditch.
Graves: It's our option...
Bannock: That's scary to me.
Graves: Because the contract has already been delayed and hasn't
be amended, those liquidated damages have accrued...
Bannock: Correct.
Graves: ...We have not assessed them. We are just maintaining
the right to collect them....
Bannock: The meter's running right now, as I understand it.
Graves: Yeah. The meter's running right now. We're just saying
we're willing to stop the meter from now until November.
Bannock: No.
Smalley: September 1...
Bannock: Oh, September 1 of 95. Okay. Good.
Williams: Okay, further discussion of council? All right, first
we'll need a motion to accept the contract amendment. Councilman
Smalley.
(End of Verbatim)
KENAI CITY COUNCIL MEETING MINUTES
NOVEMBER 23, 1994
PAGE 28
MOTION:
Councilman Smalley MOVED that the City of Kenai enter into a
contract Amendment No. 1 with the City of kenai and Glacier
Environmental Services as indicated in Item G-3. Councilman
Measles SECONDED the motion.
Councilman Smalley asked if a second amendment would be needed to
indicate the city will be withholding 80% in the amount of
$93,020. Measles stated that is part of the contract amendment.
Williams stated he would vote no on the motion because of the
amount of money being withheld and the knowledge of the reduction
in the original contract.
VOTE:
Bannock:
Yes
Smalley:
Yes
Williams: No
Bookey:
Yes
Swarner:
No
Monfor: Yes
Measles:
Yes
MOTION PASSED.
G-4.
Resolution No.
94-65 -
Awarding a Contract to
GeoEngineers,
Inc., for
Environmental
Services on Lots
13 and Lot 14,
CIIAP Site
Assessment,
1-994 Project for
a Not -to -Exceed
Amount
of $27,580.00.
MOTION:
Councilman Smalley MOVED to remove Resolution No. 94-65 from the
table and bring it back before council.
Measles referred to the memorandum included in the packet where
it stated "GeoEngineers believes they will be able to do the site
assessment through the liners, etc." Measles stated he did not
want to approve the resolution on a "believe they can do it."
Clark stated they can do the work through the liner in the
working area but not underneath the pond. If Phase I shows they
need to do a boring, it would be delayed until the pond is
removed. They are aware of this and they estimated $500 to take
a boring if it is necessary. The full site assessment would not
be completed until mid -summer.
KENAI CITY COUNCIL MEETING MINUTES
NOVEMBER 23, 1994
PAGE 29
Smalley asked if the assessment would be delayed and it cost the
city additional money would it be appropriate to go back to
Glacier to recoup the money. Graves stated yes, that's what they
had in mind when they discussed the amount to withhold -- to
cover costs such as those.
Bookey asked if any costs above $5400 were expected. Clark
stated no.
VOTE:
Councilman Smalley requested UNANIMOUS CONSENT. There were no
objections. SO ORDERED.
ITEM H: NEW BUSINESS
H-1. Bills to be Paid, Bills to be Ratified
MOTION:
Councilman Smalley MOVED to pay the bills and Councilwoman Monfor
SECONDED the motion. There were no objections. SO ORDERED.
H-2. Purchase Orders Exceeding $1,000
MOTION:
Councilman Bannock reminded council the purchase order to
Truckwell for snowplows should be removed from the list.
MOTION:
Councilman Smalley MOVED to approve H-2 with the deletion of
Truckwell and correction of the information included in the
parentheses at the Ashley Reed purchase order. Councilman
Bannock SECONDED the motion. There were no objections. SO
ORDERED.
H-3. Ordinance No. 1615-94 - Amending Subdivision
Regulations, Section 14.10.010 General of the Kenai
Municipal Code.
Approved by consent agenda.
KENAI CITY COUNCIL MEETING MINUTES
NOVEMBER 23, 1994
PAGE 30
H-4. Ordinance No. 1616-94 - Increasing Estimated Revenues
and Appropriations by $22,475 in the General Fund for
Traffic Enforcement Equipment.
Approved by consent agenda.
H-5. Ordinance No. 1617-94 - Increasing Estimated Revenues
and Appropriations by $53,376 in the General Fund for
Salaries and Overtime for Removal of Snow Berms from
Driveways.
Removed from consent agenda as discussed at the beginning of the
meeting. The ordinance introduction failed unanimously.
H-6. Discussion - Draft Ordinance Amending the Kenai
Municipal Code to Formalize City Policy Regarding
Authority of the Finance Director to Control
Disbursements and Expenditures.
Williams requested the item be removed from the agenda until
Finance Director Brown returns.
MOTION:
Councilman Bookey MOVED to remove the item from the agenda and
Councilwoman Monfor SECONDED the motion. There were no
objections. SO ORDERED.
H-7. Discussion - Extension of Taxiway F to Civil Air Patrol
Hangar.
Williams referred to the memorandum and letter included in the
packet. Ernst stated there would be no financing for the
project. The monies would be taken from the Airport Fund. They
originally tried to get AIP funding for the project, but FAA said
no. CAP was told to come back to the Airport Commission and
request use of Airport Funds.
Ernst stated the engineering of the project is partially done.
CAP would like the remainder of the engineering to be done in-
house in order to get it to bid.
Tom Thibodeau - Airport Commission Chairperson. Stated he has
been involved with the project through the CAP and the Airport
Commission. Thibodeau explained the CAP tried to get funding for
the project but was not successful. Their operating funding from
KENAI CITY COUNCIL MEETING MINUTES
NOVEMBER 23, 1994
PAGE 31
the State has been decreased every year. The work that has been
done so far on the drawings, etc. has been volunteered.
Thibodeau referred to the letter included in the packet. The
taxiway is very bad during break-up. In the summer it is very
dusty and they have problems with gravel being sucked into the
rotors and engines. The CAP area is on City of Kenai property,
however it has been designated for use by the CAP forever.
Thibodeau discussed the activities of the CAP and added the Coast
Guard and State Troopers also use their building, etc.
Thibodeau referred to engineer drawings which he distributed.
CAP has planted grass on part of the area and will grass the
other side in the summer. It is estimated the cost of the
project would be $50,000. Thibodeau requested the City recognize
the need and allow use of Airport Funds to pay for the project
costs.
Smalley asked Ernst if he had any concerns about the subsoil on
the south end of the runway as it gets closer to the drainage.
Ernst stated he would leave that to the engineer. He believed
the soil would need to be tested.
Ernst added the property is in perpetuity. There is no need to
go bigger than 30 feet. The City would probably hire someone to
do a core sampling. Ernst added Henry Knackstedt is a member of
the CAP, Airport Commission and is an engineer. He may be able
to volunteer his time to do the sampling.
Ernst stated he would like direction from council as to the use
of Airport Funds and if the work can be done in house. If
Council approves, he will work with La Shot and Knackstedt.
Henry Knackstedt was in the audience. Knackstedt stated he would
donate his time to put together the specifications, etc.
Bookey stated he was not opposed to the project, but was
concerned about the subsoil. The costs could escalate if there
is a problem with them.
MOTION:
Councilman Smalley MOVED to support this project with use of
Airport Funds but prior to expenditure, the subsoils need to be
KENAI CITY COUNCIL MEETING MINUTES
NOVEMBER 23, 1994
PAGE 32
checked. Councilman Bookey SECONDED the motion. Councilman
Smalley requested UNANIMOUS CONSENT. There were no objections.
SO ORDERED.
ITEM I: ADMINISTRATION REPORTS
I-1. Mayor
a. National League of Cities - Referred to a letter
distributed at the beginning of the meeting thanking the city for
its involvement in National Unfunded Mandates Week.
b. Department of Environmental Conservation Letter -
Referred to a letter distributed at the beginning of the meeting
regarding request for additional public review of proposed
changes to Alaska's air quality regulations.
C. Display Case - Williams discussed the need for
additional curio cabinet space. A memorandum from Kornelis was
included in the packet with two prices from two businesses.
There was no objections from council to purchase the cabinet.
Kornelis was requested to have a purchase order for the work
included in the next council packet.
d. Ice Rink Feasibility Study - Williams reported the EDD
was looking for funding to have a feasibility study done for
placing ice rinks on the Peninsula. They have received
commitments from Homer, Seward, KPHA, etc. for donations.
Williams requested the City donate $1,000 toward the study costs.
MOTION:
Councilman Bookey MOVED to donate $1,000 for an ice rink
feasibility study. Councilman Smalley SECONDED the motion.
There were no objections. SO ORDERED.
e. Ratification of Goals & Objectives - Clerk Freas
referred to Attachment A of the notes from the November 22, 1994
work session which listed the short-term and long-term goals
council defined at that work session.
MOTION:
Councilwoman Monfor MOVED for approval of the short-term and
long-term goals and objectives listed in Attachment A of the
KENAI CITY COUNCIL MEETING MINUTES
NOVEMBER 23, 1994
PAGE 33
minutes from the November 22, 1994 council work session.
Councilman Smalley SECONDED the motion. There were no
objections. SO ORDERED.
f. Finance Department Computer - Williams requested
ratification of direction given by council at the November 22,
1994 work session in regard to the purchase of a new computer for
the Finance Department.
MOTION:
Councilwoman Monfor MOVED that the Administration/Finance
Department and Finance Director Brown order the $20,000 computer
when he feels it is appropriate and have it in service by June 1,
1995. Councilman Smalley SECONDED the motion. There were no
objections. SO ORDERED.
g. CIP List Back-up Material - Williams requested
ratification of direction given by council at the November 22,
1994 work session in regard to Administration compiling backup
information of CIP list projects for distribution to the
legislators, state offices, etc.
MOTION:
Councilwoman Monfor MOVED for Administration to compile backup
information of CIP list projects for distribution to legislators,
state offices, etc. Councilman Measles SECONDED the motion.
There were no objections. SO ORDERED.
h. City Video - Williams requested ratification of
direction given by council at the November 22, 1994 work session
in regard to disbursement of the new city videos.
MOTION:
Councilwoman Monfor MOVED to distribute two city videos to the
library for check-out and the inter -library loan program; one to
the Visitors Center; one to EDD; one to Tourism and Marketing
Council; one to the Kenai Chamber of Commerce; hold 30 for the
city's use; and remaining 14 may be sold for $25.00 per copy.
Councilman Smalley SECONDED the motion. There were no
objections. SO ORDERED.
i. All -America City - Williams reported he received a
request from the City of Barrow for assistance in their
KENAI CITY COUNCIL MEETING MINUTES
NOVEMBER 23, 1994
PAGE 34
application for All -America City status. Williams suggested
Clerk Freas travel to Barrow to help them. Williams stated a
representative from their office is to call on Monday and talk
with Freas.
j. National League of cities Conference - Williams
reported he was offered airline tickets, etc. for an additional
person from the city to attend the NLC conference in Minneapolis
next week. Mayor Lancaster is now unable to attend and asked if
Kenai would want to purchase their tickets, etc. Consensus of
council was no thank you.
k. Student Government Day - Williams reminded council
December 7 is Student Government Day.
1. Additional Restroom at Softball Field - Williams
referred to Information Item No. 12 in which Public Works
included an estimate for the design and construction of an
additional restroom at the softball field. Cost is less due to
the in-house design. Council consensus was to have the restroom
facility designed in-house.
M. Machinery Exhibit Building - Williams referred to the
same memorandum which also included material costs (no labor) for
the building of an exhibit building to hold historical machines.
Council requested to not speak to this item at this meeting.
Williams requested it be brought back for discussion at the
December 7 meeting. There were no objections.
I-2. City Manager
a. Unocal Letter - Manninen stated there were two things:
One was the November 15th Unocal letter discussing an Exchange
Agreement that Unocal has with Marathon, effective December
first. Manninen stated it was I-2 on the agenda and requested
Council's feeling on it.
No clear direction was given.
b. Western Geophysical Request - Manninen referred to the
letter included in the packet from Western Geophysical.
Williams stated council may recall that the city owns certain
properties from which royalties are collected which they will
want to test. A short discussion followed.
KENAI CITY COUNCIL MEETING MINUTES
NOVEMBER 23, 1994
PAGE 35
Councilman Measles suggested Manninen sign the agreement. Bookey
asked if it was known what kind of geophysical work they will be
doing, i.e. blasting? Measles stated it would be air and
thumpers above the ground.
I-3. Attorney
Graves stated he received a telephone call from a Clarence
Roberts who complained the Dispatch has been throwing their paper
in his driveway and requested Graves pass the information on to
council. Graves told Roberts that he would.
I-4. City Clerk
Freas reported she received a telephone call from Bob Rubadeau.
Rubadeau is working on Governor -elect Knowles' transition team.
Rubadeau asked she pass on his hello.
I-5. Finance Director
Acting Finance Director Feltman reported she attended the
Municipal Finance Officers conference in Juneau. Feltman also
reported Finance Director Brown had been appointed to a three-
year term on the AML Investment Board.
I-6. Public Works Director
Kornelis referred to the following information items:
a. Info Item 17 - regarding safety plan update.
b. Info Item 18 - regarding OSHA safety consultation
inspection schedule.
C. Info Item 3 - DNR denial letter for grant request on
Cone property.
d. Info Item 19 - He was requested by the city manager to
send these letters regarding water wells.
Kornelis also reported the city auction brought in $50,000. The
grader was purchased for $40,000.
1-7. Airport Manager
Ernst reported he had received a complaint from a traveler who
could not find the overflow parking and wanted Ernst to know in
Dutch Harbor they don't have a big parking problem like they do
here.
KENAI CITY COUNCIL MEETING MINUTES
NOVEMBER 23, 1994
PAGE 36
ITEM J: DISCUSSION
J-1. Citizens
Bob Peters - Referred to the trip report from the Corps of
Engineers representative who reviewed the bluff erosion in Kenai.
Peters suggested the city begin the permit process in order to
propose something to be done. Kornelis stated he could begin
preliminary engineering, however drawings would have to be
submitted. A budget could also be required to be submitted.
Dave Karp - Reported the Tourism & Marketing Council has 340
members and has received 10,000 requests for tourism information.
He will supply the city with their new planners guide. They will
be trying to bring in conventions, etc. to the Kenai Peninsula.
They plan to be more active in the infra -structure role on the
Peninsula.
J-2. Council
Bookey -
No report.
Swarner
- No report.
Monfor -
No report.
Measles
- No report.
Bannock
- No report.
Smalley
- Wished Clerk
Freas happy birthday.
ITEM K: ADJOURNMENT
The meeting adjourned at approximately 11:30 p.m.
Minutes transcribed and submitted by:
Carol L. Freas, City Clerk
Suggested by: City Manat_
CITY OF KENAI
RESOLUTION NO. 94-70
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA,
TRANSFERRING $4,903 IN THE GENERAL FUND FOR COMPENSATION TO THE
ACTING CITY MANAGER.
WHEREAS, the City Council has authorized an additional payment of
$100 per day to the Acting City Manager during periods of absence
by the City Manager; and,
WHEREAS, the FY95 budget provided 30 days additional payment for
the Acting City Manager; and,
WHEREAS, through October 21, 1994, 26 days have been used; and,
WHEREAS, the City Manager has estimated that he will be absent
from work for 50 days during the months November through June,
1995.
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
KENAI, that the following budget transfers be made:
General Fund
From: Other - Contingency 4 903
To: City Manager - Salaries $ 4,600
City Manager - Worker's Comp 23
City Manager - Medicare 65
City Manager - PERS 215
4 903
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day
of December, 1994.
JOHN J. WILLIAMS, MAYOR
ATTEST:
Carol L. Freas, City Clerk
Approved by Finance:
12/01/94
kh
TO: Mayor and Councilmembers
FROM: Carol L. Freas, City Clerk
City of Kenai
DATE: December 2, 1994
RE: RESOLUTION NO. 94-70
Transferring $4,903 in the General Fund for
Compensation to the Acting City Manager
At the November 2, 1994 council meeting, you requested I research
the minutes of past council meetings and present a history of
the above -referenced topic. Attached is the following
information for your review:
1. 11/2/94 council meeting minutes.
2. 2/16/94 council meeting minutes.
3. Resolution No. 94-5, Transferring $1,581 in the General
Fund for Compensation to the Acting City manager
(passed 2/16/94)
4. 2/3/94 KH memorandum with TM hand-written notes (plus
attachments, i.e. referenced ordinances)
5. 2/2/94 council meeting minutes.
6. 9/15/93 council meeting minutes.
7. 9/8/93 TM memorandum regarding appointment of Kim
Howard as Acting City Manager (included in 9/15/93
packet).
8. Portion of TM memorandum included in 9/15/93 packet.
9. 10/7/92 council meeting minutes.
10. Portion of CAB 8/27/92 memorandum to council regarding
appointment of Acting City Manager.
clf
KENAI CITY COUNCIL MEETING MINUTES
NOVEMBER 2, 1994
PAGE 16
Councilman Smalley stated Administration should be instructed to
transfer funds from construction to inspection.
C-8. Resolution No. 94-68 - Awarding a Contract for the
Architect/Engineering Schematic Design Phase on the
Project Entitled Vintage Pointe Manor 1995 Addition
(Congregate Housing Project) to Kluge and Associates
for the Not -to -Exceed Amount of $15,330.00.
MOTION:
Councilman Measles MOVED for adoption of Resolution No. 94-68 and
Councilwoman Monfor SECONDED the motion.
There were no public or council comments.
VOTE:
Councilman Measles requested UNANIMOUS CONSENT. There were no
objections. SO ORDERED.
C-9. Resolution No. 94-69 - Declaring the Following
Equipment, Supplies, and Materials Surplus or Obsolete.
MOTION:
Councilman Smalley MOVED for approval of Resolution No. 94-69 and
Councilwoman Swarner SECONDED the motion and requested UNANIMOUS
CONSENT.
There were no public comments. Measles suggested the
miscellaneous laboratory chemicals be removed from the list and
disposed of properly disposed.
VOTE:
There were no objections. SO ORDERED.
C-10. Resolution No. 94-70 - Transferring $4,903 in the
General Fund for Compensation to the Acting City
Manager.
MOTION:
Councilman Smalley MOVED for adoption of Resolution No. 94-70 and
Councilman Measles SECONDED the motion.
KENAI CITY COUNCIL MEETING MINUTES
NOVEMBER 2, 1994
PAGE 17
There were no public comments. Monfor questioned whether payment
is made for the Acting City Manager every time the City Manager
is out of the office. Manninen answered if it is a full day.
Monfor asked why it had not been done before. Monfor added she
understood if the city manager is gone for a week, is out of
state, etc. then there should be an acting city manager.
Manninen stated payment has not been for many one -day times, it
has been mostly for three to five days.
Smalley stated he remembered their last discussion. He
understood Council wanted to make the payment and that is why it
was approved. Swarner stated she had a different recollection.
Swarner asked if the code was changed in regard to payment to an
acting city manager. Graves answered it was a policy decision
made by Council that when Manninen was out of the office for a
day or more, payment would be made. It was not a code amendment.
Swarner stated she had a problem with payment when the city
manager was gone only one or two days. There is telephone
communication available. If he were out of the country or out of
state, then it would be different. With communications
available, it is not needed on a daily basis.
Williams stated it sounded like Council had some concerns over
the policy they created and do not remember what the policy is.
Williams suggested a specific method should be adopted for the
future. Measles agreed. The topic keeps coming up so something
needs to be in writing so everyone knows the procedure.
Williams suggested an ordinance needs to be created to amend the
city manager functions. Measles stated he did not believe the
Code needed to be modified. Monfor agreed as there could be an
assistant city manager next year. Williams suggested Council
needed to adopt something specific instead of the policy being
set by Administration. Measles stated the Council sets the
policy.
Measles stated there was past discussion and concern of how long
the city manager needs to be out of the office before an acting
city manager is paid. However, he did not remember if there was
an agreement.
Monfor requested the Clerk research the minutes and see what
transpired. Manninen stated his recollection was the amount of
time out of the office was open-ended. Graves noted that code
requirements for "acting" positions differ between departments.
KENAI CITY COUNCIL MEETING MINUTES
NOVEMBER 2, 1994
PAGE 18
Manninen added what was done (paying the Acting City Manager) was
approved and authorized by Council. He did not want Council to
go away thinking Administration was making the policy.
Williams suggested Council request clarification of the matter
and information brought back to Council for their review.
Williams asked if there were any objections to unanimous consent
of the motion. Swarner objected.
MOTION TO TABLE:
Councilwoman Monfor MOVED to table the discussion until the first
meeting in December. Councilman Bookey SECONDED the motion.
There were no objections. SO ORDERED.
C-11. 1995 Games of Chance and Contests of Skill Permit
Application - Kenai Visitors & Convention Bureau, Inc.
Approved by consent agenda.
BREAK TAKEN: 9:20 P.M.
BACK TO ORDER: 9:36 P.M.
ITEM D: COMMISSION/COMMITTEE REPORTS
D-1. Council on Aging
Swarner passed out an invitation to Council to attend a dinner at
the Senior Center on Tuesday, November 29. The dinner is to say
thank -you to Council for their support of the Center. It was
discovered a number of councilmembers would not be available on
that day. The dinner date was changed to Monday, November 28,
1994.
D-2. Airport Commission
Measles reported there was no meeting since the last council
meeting. The next meeting is scheduled for November 10, however
he would not be in attendance.
D-3. Harbor Commission
Bookey reported the next meeting was scheduled for Monday,
November 7, 1994.
KENAI CITY COUNCIL MEETING MINUTES
FEBRUARY 16, 1994
PAGE 7
ITEM G: OLD BUSINESS
Decision to Bring from Table - Resolution No. 94-5 -
Transferring $1,581 in the General Fund for
Compensation to the Acting City Manager.
MOTION:
Councilman Smalley MOVED to remove Resolution No. 94-5 from the
table and Councilman Bannock SECONDED the motion.
Councilwoman Swarner asked if any further information had come
about other than that included in the packet. Administrative
Assistant Howard stated no. Swarner asked City Manager Manninen
if he would be gone for more than three days before the next
meeting. Manninen answered he was not planning to be gone for
any days before the next meeting.
VOTE TO REMOVE RESOLUTION NO. 94-5 FROM THE TABLE:
Bookey: Yes Swarner: No Monfor: Yes
Measles: Absent Bannock: Yes Smalley: Yes
Williams: Absent
MOTION PASSED.
Mayor Pro Tem Monfor announced Resolution No. 94-5 was on the
table for discussion.
Swarner asked how long was City Manager Brighton absent from the
office before Finance Director Brown was appointed as Acting City
Manager? Howard stated Brown took care of anything that came up
when Brighton was absent, even for one day.
Swarner stated her reason for voting against bringing the
resolution to the table was because she felt the full council
should address the matter. Also, she did not feel there is need
to have an acting city manager when the City Manager is gone for
a one or two day period.
Smalley stated he did not necessarily disagree with Swarner in
regard to the full council addressing the issue. However, the
information included indicates this position is not addressed by
the Code (in regard to the length of absence or extra pay for the
acting city manager). Smalley stated Howard has already been
appointed as acting city manager and should be paid for her time.
KENAI CITY COUNCIL MEETING MINUTES
FEBRUARY 16, 1994
PAGE 8
Also, if council desires to change the Code, they may want to
consider drafting an ordinance to do so. Smalley added, in this
case the person has served and deserves the compensation.
Swarner stated the memorandum states the city manager will be
gone and so there should be more funds. Swarner explained she
did not think a person needs to be paid extra for being the
Acting City Manager for one or two days. Swarner added she
understood this has been done in the past, but it does not need
to be continued. Smalley stated he was not saying it should
continue, however the action is to make payment for services that
have been provided. Swarner stated no, Howard has already been
compensated for those times.
Howard confirmed she has been compensated for time already spent
as acting city manager. Howard added there was money budgeted in
the account for extra costs for payment to an acting city
manager. However, there is no more money left in the account to
complete the year. Monfor asked Swarner if she meant she would
rather the acting city manager be compensated before the fact
instead of afterward. Swarner stated no, she believed the full
council should address the issue if Manninen does not expect to
be out of the office before the next meeting.
Bannock stated he did not see the problem with the extra pay.
The person is taking on extra work and should be provided
additional compensation. Bannock added this is literally
"tripping over nickels." Bannock added he supports the
resolution. Monfor and Smalley agreed.
VOTE ON RESOLUTION:
Bookey: Yes
Measles: Absent
Williams: Absent
MOTION PASSED.
Swarner: No
Bannock: Yes
Monfor: Yes
Smalley: Yes
Suggested by: City Manager
City of Kenai
RESOLUTION NO. 94-5
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA
TRANSFERRING $1,581 IN THE GENERAL FUND FOR COMPENSATION TO
THE ACTING CITY MANAGER.
WHEREAS, the City Council has authorized an additional
payment of $100 per day to the Acting City Manager during
periods of absence by the City Manager; and
WHEREAS, the City Manager has estimated that he will be
absent from work for fifteen days during the months February
through June, 1994.
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 1,581
To: City Manager - Salaries $ 1,500
City Manager - Medicare 22
City Manager - PERS 59
1,581
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this
16th day of February, 1994.
CHRIST NE MONFOR, MAY R PRO TEM
ATTEST:
Carol L. eas, City Clerk
Approved by Finance: G 4Q
(1/26/94)
kl
CITY OF KENAI
rr Gd aj A"" rr
210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-283-7535
_ FAX 907-283-3014 yyftyl
�,.hoaa
1992
MEMORANDUM
TO: Thomas J. Manninen, City Manager 1)
FROM: Kim Howard, Administrative Assistant F'
DATE: February 3, 1994
RE: Resolution 94-5. Compensation for Acting City Manager
The City Council has asked the Administration to research whether
Council had set a time frame for the Manager to be out of the
office in order for the Acting City Manager to receive
compensation.
Kenai Municipal Code does not specify how long the Acting City
Manager must be in the temporary assignment before receiving
compensation. See KMC 23.55.010 which states City Manager salary
is set by motion by Council and KMC 23.10.020 (c)(1) which defines
provisions of City Manager position that apply in Personnel Code.
Note that KMC 23.25.070 (which addresses the ten day minimum rule
for temporary assignments for employees) does not apply to the City
Manager position.
Recent Council action appointed me as Acting City Manager during
your September 17-24 absence for that period "and during any future
absences and to be paid an additional $100.00 per day during those
_ absences." (See attached.)
ek
A t
C:\WP51\W0RK\C0MPEMSA.MEM Z ���
23.55-23.55.030
Chapter 23.55
PAY PLAN
Sections:
23.55.010 Exempt Salaries.
23.55.020 Salary Structure By Grade.
23.55.030 Qualification Pay.
23.55.040 Uniform Allowance.
23.55.050 Hourly Rates - Part -Time Employees.
23.55.010 Exempt Salaries: Salaries of City Manager, City
Attorney, and City Clerk shall be negotiated by the Council and
may be set by motion of Council. (Ords. 336(a), 385, 414, 503,
537, 1069, 1260)
23.55.020 Salary Structure by Grade: (a) Salary structure
by grade is hereby established in accordance with the table that
is appended to this Title and which may be amended, modified, or
replaced by ordinance, in which case a copy of the amended,
modified, or replacement table shall be substituted for the prior
table and placed in the Code at the end of this Title.
(b) On completion of the probationary period, each employee
shall be advanced one step. At succeeding anniversary dates,
subject to evaluation, employee may be advanced a step increment.
The time period normally between steps B to C to D to E to F is
one year. The time normally between Steps F to AA to BB to CC is
two years. (Ords. 336(a), 414, 503, 513, 5371 568, 675, 770,
859, 933)
23-55.030 Oualification Pav: (a) In recognition of
professional development, personal time, and effort of the
individual to achieve same, the following annual recognition'
entitlement is authorized, payable on a pro rata monthly basis.
(b) This recognition entitlement is not considered when
calculating hourly rates for annual leave or holiday pay. (Ord.
1114)
(1) Police Department: Certification in accordance
With State of Alaska Certification Standards.
Police Officer
Intermediate Certification
Advanced Certification $ 900/year
$1,800/year
Police Sergeant
Intermediate Certification $ 900/year
Advanced Certification
$I,800/year
23-32
(City of Kenai Supp. #56 7/26/91)
(1) City Manager. The City Manager shall perform all those duties mandated for his
position by the provisions of this chapter and shall be bound or receive the benefits of the
following sections insofar as they are applicable: KMC 23.25.050 and .060(d); KMC
23.30. 1 10(b), (c) and (d); and KMC 23.40.020, .030, .040, .060, .070, .080, .095, .100,
.110, .120, and .130.
(2) City Clerk. Only those provisions specifically enumerated under (1) above shall
apply to the City Clerk.
(3) City Attorney. Only those provisions specifically enumerated under (1) above
shall apply to the City Attorney.
(d) Volunteer Personnel and Personnel Appointed to Serve Without Pay -- None of the
provisions of this chapter shall apply to such personnel.
(e) Consultants and Counsel Rendering Temporary Professional Services - Such services
shall be by contract and none of the provisions of this chapter shall apply.
(f) Positions Involving Seasonal or Temporary Work - All of the provisions of this
chapter shall apply to such positions but only insofar as they are applicable. (Ords. 336, 537,
89-1347)
23.10.030 Classified Service: The classified service shall include all other positions in the
City service.
(a) All positions established by the annual budget or salary guide adopted by resolution
of the City Council. Any new position created at the start or during the budget year and
either ratified or affirmed by the City Council.
(b) When this ordinance becomes effective, all persons then holding positions included
in the classified service:
(1) Shall have regular status if they have held their present positions for at least six
(6) months immediately preceding the effective date of this ordinance except for police,
which shall be twelve (12) months, or;
(2) Shall serve a probationary period of six (6) months from the time of their
appointment, which may be extended before acquiring regular status, if they have held their
position for less than six (6) months, with the exception of police, for which twelve (12)
months is substituted in the above for the stated six (6) months period. (Ords. 336, 537,
89-1347)
S53-02/07/90 23-4 CITY OF KENAI
23.25.065 Shift Differential Pay: (a) Employees who are scheduled to work certain shifts
explained below may be entitled to additional compensation. To be eligible, the scheduled
shift must be for a period of less than 24 hours. In addition, the employee must be scheduled
to work at least 75 % of the hours in a monthly pay period in one or any combination of the
shifts identified below.
(b) Eligible shifts and rates are:
(1) Shift beings after 2:00 p.m. and before 6:00 p.m. -- 2%.
(2) Shift beings on or after 6:00 p.m. and before 3:00 a.m. -- 4%.
(c) The above rates will be computed against Step A of the pay range of the employee.
If determined to be eligible, the employee will receive the computed dollar amount for the
whole month. If ineligible, no shift differential pay will be allowed for that month. If the
employee is eligible based upon a schedule of a combination of shifts, he will be paid at the
rate corresponding to the majority of time worked. Shift pay is not to be considered in
computing annual leave or holiday pay.
(d) If all employees of the same class in a given Department rotate at the same time to
a substantially different shift basis, the provisions of this section shall not apply.
(e) Shift pay will be allowed only upon approval of the City Manager when such work
schedule is necessary for the benefit of the City. (Ord. 1038)
23.25.070 Acting Positions: Compensation during temporary assignment - an employee
who is temporarily assigned to a position with a higher pay range for a period of ten (10) days
or more shall be paid at the first step of the higher pay range, or, he shall be granted a one
step pay increase, whichever is higher, for the period worked in the temporary assignment.
An employee who is temporarily assigned to a position with a lower pay range, for any
period, shall not receive a reduction in pay. No such temporary assignment shall exceed sic
months. (Ords. 336, 537)
23.25.080 Promotion: When an employee is promoted from one class to another having
a higher pay range, he shall receive an increase of not less than one pay step from his former
position. (Ords. 336, 537)
S53-02/07/90 23-9 CITY OF KENAI
KENAI CITY COUNCIL MEETING MINUTES
FEBRUARY 2, 1994
PAGE 2
MOTION:
Councilman Smalley MOVED for approval of the amended agenda and
requested UNANIMOUS CONSENT. There were no objections. SO
ORDERED.
A-6. CONSENT AGENDA
Mayor Williams requested the following change to the Consent
Agenda:
ADD: C-4, 1994 Liquor License Renewal/Little Ski Mo -
1/28/94 KPB letter of non -objection to liquor license
renewal.
MOTION:
Councilman Bannock MOVED for approval of the amended consent
agenda. Councilman Smalley SECONDED the motion. There were no
objections. SO ORDERED.
ITEM B: SCHEDULED PUBLIC COMMENT
None.
ITEM C: PUBLIC HEARINGS
C-1. Resolution No. 94-4 - Adopting the National Association
of Counties Deferred Compensation Program.
MOTION:
Councilwoman Swarner MOVED for adoption of Resolution No. 94-4
and requested UNANIMOUS CONSENT. Councilman Smalley SECONDED the
motion. There were no objections. SO ORDERED.
C-2. Resolution No. 94-5 - Transferring $1,581 in the
General Fund for Compensation to the Acting City
Manager.
KENAI CITY COUNCIL MEETING MINUTES
FEBRUARY 2, 1994
PAGE 3
MOTION:
Councilman Smalley MOVED for approval of Resolution No. 94-5 and
requested UNANIMOUS CONSENT. Councilman Bookey SECONDED the
motion. Williams objected to unanimous consent.
Williams questioned if there is a ten-day time period when the
Acting City Manager takes over or is anytime the city manager is
out of the office. Administrative Assistant Kim Howard stated
council did not set any time specifications. City Manager
Manninen has said if he is gone out of the office for a day, she
would be paid the extra money. Williams suggested Administration
review the matter. Manninen stated he thought something says ten
days, however, when he arrived there was a resolution that stated
whenever he is out of the office. No amount of days was stated
in the resolution. Manninen added it may be different from when
a department head is out of the office.
MOTION:
Councilman Smalley MOVED to table the resolution and Councilwoman
Swarner SECONDED the motion. There were no objections. SO
ORDERED.
Williams stated to table the resolution until more information is
gathered.
C-3. 1994 Liquor License Renewal - Katmai Hotel Restaurant &
Lounge - Beverage Dispensary/Tourism - Two Years.
Clerk Freas stated the Katmai became current with city lease
payments and bed tax. Freas added she contacted the Borough that
afternoon and was told personal property and real estate tax was
still owed. Freas referred to her memorandum included in the
packet and suggested a motion to allow her to send a letter of
objection if the account is not brought current by February 10 or
a letter of non -objection if the account is brought current by
February 10.
MOTION:
Councilwoman Swarner MOVED to send a letter of non -objection if
the account is paid and a letter of objection if it is not paid.
Councilman Smalley SECONDED the motion. There were no
objections. SO ORDERED.
KENAI CITY COUNCIL MEETING MINUTES
SEPTEMBER 15, 1993
PAGE 14
make sure the Council agrees with the responses given of why
there was an increase. Manninen requested ratification of the
responses or any changes they may like to have made.
Measles stated he believed a response should come from the City
Manager, and not the mayor or the finance director. Smalley
stated he thought it was good to give reasons for the increase.
Measles stated all the reasons given in the letters were items
considered when raising the rates.
MOTION:
Councilwoman Swarner MOVED for the city manager to produce a
letter combining the mayor's and finance director's letters to a
one -page response to send to concerned citizens (or two pages).
Councilman Bookey SECONDED the motion. Swarner requested
UNANIMOUS CONSENT. There were no objections. SO ORDERED.
Manninen asked if the letter should be published in the newspaper
as a general information item. Measles asked how many people
complained. Feltman stated everybody paying their bills directly
have complained to the Finance Department. Notes have been
written on some bills when paid by mail as well. The first bill
with the increase brought many complaints.
Bookey stated he believed it would not be advantageous to publish
the letter. Measles agreed. Measles stated if there is a
written complaint received, use the combined letter for an
answer.
VOTE:
There were no objections to the motion. SO ORDERED.
3. Acting City Manager - Manninen referred to his
September 8 and 10 memorandums included in the packet which
stated he would be attending the ICMA Conference September 17-24.
Manninen's memorandums requested Kim Howard be appointed as
Acting City Manager for that period and during any future
absences and to be paid an additional $100.00 per day during
those absences. Manninen requested approval of his request.
KENAI CITY COUNCIL MEETING MINUTES
SEPTEMBER 15, 1993
PAGE 15
MOTION:
Councilman Smalley MOVED for approval and requested UNANIMOUS
CONSENT. Councilwoman Swarner SECONDED the motion. There were
no objections. SO ORDERED.
4. Administrative Update - Manninen referred to his
memorandum included in the packet. Manninen stated
c a commitment to
is
impressed with the department heads and employ
ees'hard work and excellence. Manninen added he believes they have
good clear direction. Manninen stated in staff meetings he and
department heads have reviewed goals and objections and a five-
year plan.
Swarner asked if Manninen has a phone line ringing directly to
his office like he had in his previous job. Manninen stated no.
Swarner asked if he has a computer which he uses to type his own
work. Manninen stated no.
I-3.
No report.
I-4 .
Attorney
City Clerk
1. Telephone Poll - Read into the record findings of a
telephone poll taken on September 13, 1993 requesting the
issuance of purchase orders to John J. Williams, Christine Monfor
and Robert J. Rubadeau. The purchase orders were for
reimbursement of costs tl Washington,
presentedDtheo1992eAlla
White House Rose Garden
ceremony to be
America City Award by President Clinton.
2. Absentee Ballots - Reported absentee ballots will be
available on Monday, September 20 and requested councilmembers
and persons in the audience
tinform
thatutheyacansvote before
who may be
leaving the area before the election
they leave by absentee ballot.
1-5. Finance Director
Acting Finance Director Feltman stated the department is
functioning well and Finance Director Brown will be back to work
on September 27, 1993.
mfp�
.
BICENTENNIAL
yi�a9e wrZa Past-- G'�y w0a J@9 re
MEMORANDUM
i�
CITY OF KENQ
210 Fidalgo Avenue
Kenai, Alaska 99611
TELEPHONE 283-7535
FAX 907-283-3014
TO: Mayor and City Council
FROM: Thomas J. Manninen, City Manager
DATE: September 8, 1993
RE: Kim Howard - Acting city ManageriL�
I will be attending the International City Management Association's
Annual Conference in Nashville, from September 17 - 24. Kim Howard
will be acting city manager in my absence.
Please consider a salary increase of $600 for her during this
period. This would put her pay at a department head level. It is
also equivalent to the increase Council approved last fall when Kim
was acting city manager for two weeks. Council would have to set
her additional pay by motion (KMC 23.55.010). If you agree to do
this, the September 15 meeting would be appropriate.
TJM/kh
FORMS\ACTING.CM
i
inspiring rather than by ordering; by creating achievable, though
challenging expectations, and rewarding progress toward them rather
than by manipulating; by enabling people to use their own
initiative and experiences rather than by denying or constraining
their experiences and actions. Finally, we all need continuing
leadership education.
7. WEEKLY DEPARTMENT HEAD MEETINGS/IMPROVE
CMU MICATIONS/IMPLICATIONS WHEEL. We have had weekly department
head/key employee meetings. The main focus is to develop teamwork
and to improve communication among department heads, as well as to
focus on a single area such as "cut back management," setting goals
and objectives, resources and reallocation.
8• Acting City Manager position. According to my agreement with
the city council, I am scheduled to attend an IC14A conference the
week of September 17 -- 24, 1993. Charles A. Brown, Finance
Director, is on a three week vacation that started September 7. I
intend to appoint Kim Howard as acting city manager during the
period I am gone and during any future absence. various
reoccurring matters regardIng personnel, contracts an grants arise
on a daily basis and require the city manager's signature.
Therefore, I am requesting that the council consider an increase of
$600 ($100/work day) for the period that Kim will be the acting
city manager. Council would have to set her additional pay (MIC
23.55.010). I am requesting your action at the September 15, 1993
council meeting as an appropriate time to take this action.
Currently Kim Howard is an administrative assistant, she is
studying the ICMA Effective Local Government Management course, and
is performing excellently both on the job and in the extra course
work. She is highly motivated, capable and possesses the
background, knowledge and ability to assume the acting city manager
role in my absence. Kim already is performing as a liaison between
department heads and the city manager, and she is familiar with the
actions, activities as well as functions of other departments.
Therefore, I heartily endorse and recommend the council's approval
of the added pay and to assign Kim Howard as the acting city
manager by formally ratif ing this actio ..
Appwm By cbUNM
DAB
KENAI CITY COUNCIL MEETING MINUTES
OCTOBER 7, 1992
PAGE 15
b. FAA - Williams reported that he, Ernst and FAA
representative, Patty Sullivan, visited the Fire Training School.
Williams added that he forwarded a letter to the FAA in regard to
an airliner firefighting facility to be included in the Fire
Training School. Williams stated he asked FAA to inform him if
AIP funds would be available for such a school and if they are,
would they be taken from the funds now available, or would there
be other funds. Williams added that AIP funds were not included
in this year's budget. Williams stated he will discuss the
possibility with Senator Stevens as well.
C. Flight Service Station - Williams stated that he
visited the Flight Service Station. While there, he was told
that the FAA expects to have 89 persons working at the FSS by
December 1993.
d. Senator Stevens - Williams reported that he will be
meeting with Senator Stevens on October 21, 1992 prior to the
opening of the Lake Clark Exhibit at the Bicentennial Building.
Freas will keep Council informed. Williams asked Council to meet
with him at 6:00 p.m. on October 21, 1992 at the Fire Training
Facility to inspect the facility.
e. PTI - Williams reported that the appraisal has been
ordered.
I-2. City Manager
Brown stated that he will
vacation. Brown stated he
gone through the end of th
from Council to appoint Ki
MOTION:
m
Councilman Smalley MOVED to appoint Kim Howard as Temporary
Acting City Manager and compensate her as stated in Brown's
October 5, 1992 memorandum. Councilman Walker SECONDED the
motion. There were no objections and no discussion. UNANIMOUS
CONSENT was requested. There were no objections. SO ORDERED.
1-3. Attorney
No report.
Memorandum
August 27, 1992
Page Two
1�r/
rvr�ro
If Bill is not back by the time I leave, I intend to appoint Kim
Howard as Temporary Acting City Manager during that three-week
period. It is necessary that someone be appointed to that
position. Personnel, contract, and grant matters arise daily
that require a manager's signature.
I do not receive extra pay for being Acting City Manager, and
I'm not requesting any for me. Kim, however, is paid $39,218
per year. It's not fair to assign that much extra
Memorandum
August 27, 1992
Page Three
responsibility without pay. Please consider an increase of $500
per week for the three-week period only (nothing extra if I'm
gone a day, to Anchorage for example). Although only $1,500
extra, it would put her "annual" rate at $65,218, comparable to
department head level. Council would have to set her additional
pay (KMC 23.55.010). if you agree to do this, the September 16
meeting would be appropriate. Wait as long as possible; who
knows, Bill might be back. Money is available in the budget due
to the extraordinary amount of leave being taken by Bill (there
will no doubt be a reduction in his leave balance by year-end).
cc: William J. Brighton,
City Manager
a -a
CC u .vG id
Date: November 15, 1994
To: Mayor Williams and Kenai City Council
Through: Kim Howard, Acting City Manager )?1
Through: Keith Kornelis, Public Works Director
From: Rachel Clark, Engineering Technician
For: Council Meeting of 11/23/94
As requested by Mayor Williams, we have obtained the following
two estimates:
1. Machinery Exhibit Building - 24' X 40' cement slab,
4" X 6" supports, truss roof and shingles, materials
only - no labor. Total Cost $12,000-$15,000
2. Softball fields restrooms - concrete block
building, prison fixtures, City water and sewer. Total
Cost $40,000
How would Council like the Administration to proceed on either
one of these items?
MEMORANDUM
TO: Mayor Williams and City Council
THROUGH: Kim Howard, Acting City Manager
FROM: Keith Kornelis, Public Works Directo �R�
DATE: December 1, 1994
SUBJECT: Snow Removal Policy
FOR: City Council meeting of December 7, 1994
Tom Manninen, Cary Graves, and I met on November 28, 1994 where we came up with
the following Snow Removal Policy for City Council's consideration.
CITY OF KENAI
SNOW REMOVAL POLICY
Goal #1 - Roads Within 24 Hours
It is the City of Kenai's goal to complete the plowing of snow from the Kenai Municipal
Airport and city maintained roads for public vehicle access within 24 hours, starting after
the end of a snowfall.
Goal #2 - Driveway. Cluster Boxes. and
Bus Stop Shelter - Remove Berms Within 48 Hours
When six inches (6") of snow has fallen (as measured at the Kenai Airport) the City will
endeavor to remove the snow berm in driveways, in front of mail cluster boxes, and
student bus shelters. It is the City of Kenai's goal to complete this work within 48 hours,
starting after the end of a snowfall.
Goal #1 - Roads Within 24 Hours
Except for major snow storms lasting many days, or having additional storms very close
together, we can consistently meet our goal #1. We met this goal during our last huge
snowfall. Anchorage has a goal of 72 hours (3 days) but during the last snowfall they
took 120 hours (5 days) to clear their streets.
A major concern for us, during these high snowfall years, is finding enough room to
continue to plow snow. We spend a lot of time "winging back," or pushing snow back,
with the graders snow wing to make room for the next snow fall. We also blow snow
back with a small truck mounted blower. The city does need a snow blower to mount on
a loader for widening our roads.
Goal #2 - Driveway, Cluster Boxes, and
Bus Stop Shelter - Remove Berms Within 48 Hours
In order to meet this goal, the street crew will need additional operators and equipment,
or we will need to contract this work out. I have spent a lot of time talking to equipment
dealers, contractors, and others about how to best deal with removing the driveway snow
berms after we grade the road. Hauling the snow away or blowing the snow during a
snowfall is too time consuming. Using snow blowers for clearing driveway berms is too
expensive, too dangerous, and way too slow. A blower large enough to handle a Clarion
or Dispatch newspaper without a major problem would have to be put on a large loader.
A new snow blower that can be mounted on front of a loader is $115,000. Even with two
snow blowers per district (6 total) couldn't keep up with our graders.
It is hard to consider the size of a berm in a driveway to determine whether or not the city
will remove it. During a snowfall some areas of town might have higher berms or one
side of the street might have a high berm while the other side will have a small one. The
biggest factor that contributes to the size of the berm is the amount of snowfall.
Therefore, we came up with the idea of determining whether to remove driveway berms
or not by the amount of snow that has fallen. When 6" of snow has fallen, we will remove
everyones driveway berm.
The method of using pickups with plows on them to scoop or push the snow away was
discussed and turned down at the last council meeting.
The use of small loaders with snow buckets on the front to pick up and deposit the snow
may be the best method to remove driveway snow berms. There is no way these loaders
(one for each district) could keep up with the graders and remove driveway berms within
24 hours. With three (3) additional operators (temporary part-time) plus off duty and
overtime Public Works operators, and three (3) small loaders, we think we could clear the
driveway snow berms within 48 hours after the snow has stopped falling. Loaders that
we might consider include Cat IT-14 or 18, John Deere 344, 444 or 544, and a Kabato
R-510. A rough cost estimate for such a loader runs from $70,000 - $100,000.
If the City Council decides that the city will remove driveway snow berms in accordance
with the attached snow removal policy, Public Works would need the following funds
allocated:
3 small loaders with snow buckets ($80,000/ea,) $240,000
3 equipment operators (temporary part-time & O.T.) $ 50,000
The small loaders would be a capital cost for equipment that would last a long time, while
the operators labor cost would be an annual expense.
MEMORANDUM
TO:
Mayor Williams and City Council
THROUGH:
Tom Manninen, City Manager
FROM:
Keith Komelis, Public Works Direct r'�
DATE:
December 6, 1994
SUBJECT:
Snow Removal
FOR:
City Council meeting of 12/7/94
At the last council meeting there was a concern brought up by a Council -member who
was contacted by a constituent. The constituent thought my letter about pushing snow
into the roadway was too adversarially written.
Attached is the letter I send out to property owners who are depositing snow on our
roadway or sidewalk. The administration reviewed this letter before I started sending it
out and we did not mean to offend anyone. I can change this letter if Council feels it is
needs to be modified. I am concerned that the violators of this ordinance may cause an
accident. I don't think they realize the seriousness of their actions.
Some snow storms, like the one last month, can take 22 hours or more to clear the
roads. There is a problem if after we plow a street, someone pushes the snow from their
driveway, or parking lot, into the street or across the street, but leaves it protruding out
into the driving lane. A vehicle may hit this berm, or swerve to miss it, and hit an
oncoming vehicle. The city may not know of this problem until the next snow fall or
someone complains.
The snow needs to be pushed or deposited far enough off the road to account for future
storage of snow. Some parking lots need to have a loader make room for future snow
falls.
KK/kw
Date
To:
Subject: Snow Removal
Whoever is removing snow at address is leaving snow or ice from the property on the
city street or sidewalk. This is not only a problem of inconvenience but a problem of
safety. Vehicles swerving to miss a snow pile or hitting one can cause an accident.
K.M.C. 13.30.065 prohibits people from depositing snow or ice on any sidewalk or
roadway and doing so constitutes a violation. A violation can cost up to $500.00.
Placing snow/ice in the street in front of your driveway could also cause Y.Lu problems.
When the city next plows the street this snow/ice will either be plowed back to the edge
of the road or into your driveway. This snow/ice may also build up with the plow riding
over it. Then when spring comes and it starts to thaw, you could have problems with
your vehicle getting stuck.
Please do not leave any snow or ice on the city street or sidewalk from private property.
This includes any berms or trails of snow from the end of a snow removal blade. Not
only is it against the law, but you may have some liability for causing a traffic obstruction.
Sincerely,
Keith Korneiis
Public Works Director
KK/kw
JJtl.- r -74 wtU 1 4 :45 K SIrUT T , CONSULT I NG 9072935918
K. Scott &Associates, Inc. C_� " 3
Grantsmanship, Project Management, Marketing
December 7, 1994
City of Kenai
Kenai, Alaska
Dear Mayor Williams. Councilmembers and Manager Manninen:
I am unable to attend tonight's council meeting, but ask that
you consider these comments in your discussions about snow
removal.
My primary concerns are associated with the issue of snow
removal but areas other than driveways. Yes, the berms are a
problem for everyone who does not have means to clear them other
than by hand. I believe you are well on your way to making a
determination about driveway berms. But before you close the
chapter on snow removal, please consider two more issues that
impact public safety and the welfare of the community. Those
issues are sidewalks and intersection berms.
In recent weeks I have witnessed too many "accidents about
to happen" than I care to remember. Recently, I witnessed a
pedestrian in front of the old C arr's Mall traveling towards Willow
Street dodging the on -coming road traffic on a very slipper street.
Cars darted away from the road edge to provide room for the
walker nearly slipping in to traffic in the adjoining lane. Had there
been a sidewalk cleared the pedestrian would have at least a
fighting chance.
Then there are the corner snow berms at city intersections.
The berms are far to large for safe negotiation of heavy trafficked
roadways. Vehicles are forced to ease out in the traffic lane for an
unobstructed view of on -coming traffic. It's a gamble and one in
which the driver causing a vehicle accident has no protection from
the law.
These are just two examples where the community's health,
welfare and safety are at risk with inadequate attention to snow
removal. We are a northern climate community that can expect
snow, in sometimes record amounts, as a routine event, I
understand the problem is inadequate snow removal equipment.
believe we need to begin today to forge both long and short term
solutions to snow removal problems. The longer term solution
Includes a plan for procuring necessary equipment and personnel
and developing a "phase -in" approach to the needed capital
expenditures necessary to address adequate snow removal in the
P.O. Box 2488, Kenai, Alaska 99611
Telephone (907) 263-51301FAX (907) 283-5918
DEC- 7-94 WED 14:46 K SCOTT,CONSULTING 9072835918 P.O3
future. We have a nice rainy day savings account - but in the
northern part of the world that also means 'snowy' day account.
In the short term, please consider beginning immediately to
cut down and remove intersection berms in high traffic areas.
Previously, the City has addressed this circumstance so apparently
we already have the equipment to do it. Knocking out some key
pedestrian transit paths through the main commercial roadways
would likely reduce the risks of a pedestrian incident. The last
thing any of us want to happen is a terrible vehicular or pedestrian
incident where someone is injured or killed.
Sincerely.
Kathlee F. Scott
3080 Kim-N-Ang Court
Suggested by: Council/Admini:.-_...___
CITY OF KENAI
ORDINANCE NO.
AN ORDINANCE OF THE COUNCIL OF THE
AMENDING THE KENAI MUNICIPAL CODE TO
REGARDING AUTHORITY OF THE FINANCE
DISBURSEMENTS AND EXPENDITURES.
-94
CITY OF KENAI, ALASKA,
FORMALIZE CITY POLICY
DIRECTOR TO CONTROL
WHEREAS, historically the City Treasurer -Finance Director has been delegated by the City
Manager the responsibility of supervising disbursement and expenditure of money and
ensuring compliance with city ordinances, policies, and procedures regarding expenditures
and disbursements; and
WHEREAS, that delegation of authority has been previously done both orally and, recently,
in writing; and
WHEREAS, this ordinance codifies that policy while keeping the City Treasurer -Finance
Director under the supervision of the City Manager; and
WHEREAS, it is in the best interest of the City of Kenai to formalize that historical policy
by amending KMC 1.30.020 to so provide;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA THAT KMC 1.30.020 BE AMENDED TO READ:
1.30.020 Powers and Duties: (a) The duties and powers of the City
Treasurer -Finance Director shall consist of, but not necessarily be limited to,
collection or receipt of all revenues or other funds of the City, maintenance
of an accounting system or systems, maintenance of a system of internal
control of accounts, maintenance of a system of control and delivery of
disbursements, and act as custodian of all City funds. The City Treasurer -
Finance Director shall have charge of the administration of the financial
affairs of the city and to that end shall supervise and be responsible for the
disbursement of all monies and have control over all expenditures to insure
that appropriations are not exceeded and that City ordinances, policies and
procedures have been followed. Deposit of the funds of the City shall be in
such depositories as the Council shall from time to time designate. The City
Treasurer -Finance Director shall be bonded for $10,000 or such greater sum
as the Council shall direct.
(b) In addition to the duties enumerated above and not necessarily
limited to the enumeration there or here, the City Treasurer -Finance Director
shall be responsible for financial reporting of the status of the City's finances,
shall establish and maintain internal controls to carry out the intent of the
instructions of the City Manager and City Council and directions of the
ordinances of the City of Kenai.
(c) The City Treasurer -Finance Director shall work under the
supervision of the City Manager and shall be answerable to the City Manager
in the performance of all duties involved. The duties enumerated herein may
be changed or increased from time to time.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this
1994.
DRAFT
John J. Williams, Mayor
ATTEST:
DRAFT
Carol L. Freas, City Clerk
Introduced:
Adopted:
Effective:
November 17, 1994
day of
DRAFT
CITY OF KENAI
Gd 4 /& / , /
99 11
210 FIDALGO AVE., SUITE 200 KENAI, ALLA�S,�K,/A 99611-7794
TELEPHONE 907-283-7535
FAX 907-283-3014 l73�
1"z
I"IZ411CO) IAI-011Y
To: Mayor Williams & Kenai City Council
From: Thomas J. Manninen, City Manager-j/w
Date: November 23, 1994 �VV
RE: Manager's Recommendation's on the Proposed Ordinance
"To formalize City policy regarding authority of the
Finance Director to control disbursements and
expenditures, amendment to KMC 1.30.020".
Since I did not have the opportunity to review the proposed
changes to KMC 1.30.020 prior to its getting in the agenda packet
for tonight's meeting, I have the following comments regarding
the following language underlined in the proposed amendments:
"The City Treasurer -Finance Director shall have charge of the
administration of the financial affairs of the City and to that
end shall supervise and be responsible for the disbursement of
all monies and have control over all expenditures to insure that
appropriations are not exceeded and that City ordinances,
policies and procedures have been followed."
The proposed amendment is redundant with the existing KMC
7.15.020. Also, City policies, procedures and past practices for
a number of years including Chapter 7.15 purchasing and sales
ordinance 7.15.020 including as follows, "All purchases and
supplies, materials, equipment and contractual sources for the
offices, departments, and agencies of the government shall be
made by the City Administrator or by other City personnel in
accordance with Purchase authorizations issued by the City
administrator. (KC-34)
Therefore, the proposal is a break with past practices. Prior to
its submission, I have not had a chance to review it with the
Finance Director and/or the City Attorney. I recommend to table
the proposal until we can review it and come to a reasonable
accommodation on this.
The only change I had agreed to was a June 1, 1994 purchasing
authority memorandum that I requested Finance Director Charles A.
Brown to draft for my signature after a discussion in May, 1994.
This is copied for your background information review and
consideration of any amendments to the proposed KMC purchasing
ordinances.
City Manager's Recommendation Action:
Option 1: If the City Council feels that the intent of the
existing code and past practices is not modified or harmed by the
amendment proposed to KMC 1.30.020, then adopt the draft amended
ordinance.
Option 2: However, if you think it is a break with long-standing
past practice of the purchasing authority as outlined in the June
1, 1994 memorandum from the City Manager to the Finance Director
and Ordinance No. 7.15.020 and Chapter 7.15 purchasing and sales
of the Kenai City Code, then table the proposal for future
consideration. I recommend Option 2 - table it for study and
accomodations with existing ordinances (KMC 7.15.020), past
practices and intent of the City Manager's attached June 1, 1994
memo.
Attachment
cc: Cary Graves, City Attorney
Charles A. Brown, Finance Director
All Department Heads that received a copy of the draft H-6
amendment to the purchasing memo in the agenda packet of
November 23, 1994.
Gi iY OF KENAI
Od 0,rzp4W 4,414ad *46
210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-283-7535
- _ FAX 907-283-3014
'III�1
MEMORANDUM
TO: Charles A. Brown, Finance Director
FROM: Thomas J. Manninen, City Manager
DATE: June 1, 1994
SUBJECT: Purchasing Authority
Historically, you have made certain judgments and decisions
regarding payments made by the City. For example, you have
approved purchase orders and have adjusted and approved
travel expenses. The personnel and purchasing authority,
however, is given to the City Manager. This has led to some
confusion over your authority and responsibility.
To clarify this situation, I grant authority to the Finance
Director (or Acting Finance Director when appropriate) the
following duties:
Purchase Orders: Approve purchase orders. This approval
indicates that funds are available in -a reasonable budget
account and that mathematical accuracy has been verified.
This approval is not an acknowledgment that the goods or
services are of value to the City. If -you note questionable,
purchases, you should submit them to me for my review.
Travel Vouchers: Approve travel vouchers by initialing the
amount to be paid. You have authority to adjust or change
any item requested to be reimbursed on any travel voucher or
other means that does not meet adequate standards of
reasonableness, documentation, or propriety under the City
Code, Supervisor's Handbook, Employee Handbook, or good
judgment. After your approval, submit the form to me. I
will change your approved amount only if I find that you
have erred in applying the above standards. I will then
sign the form as final approval.
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PURCHASE ORDER
WHITE - VENDOR CITY OF KENAI OLDENROD •ACCOUNTING 210 FIDALGO STE. 200 PHONE 283-7538
4NARY - ACCOUNTING KENAI, ALASKA 99611
.UE - SHIPPING & RECEIVING
REEN - APPROVED COPY
NK • REQUISITIONER
VENDOR NO. 1 6 LO`c7
C)
F
TO Regal Interiors
11472 Kenai Spur Highway, Suite 1
Kenai, Alaska 99611
SHIP VIA:
BY
THIS
NU&
ALL
RELATING TO THIS PUR.
CHASE.
No.
Dore12/7/94 -'
DELIVERY ogre
PREPAY SHIPPING - CHARGE
Foe
1
rlfWCt DIRECTOR
4P PEROUOTATK)N -
PURCHASES AUTHORIZED ONLY WHEN SIGNED ABOVE BY
SEPARATE ON INVOICE
THE FINANCE DIRECTOR OR HIS AUTHORIZED AGENT
ITEM NO.
DESCRIPTION OR ARTICLE
UANTIT
ORDEREDReplacement
UNIT
UNIT PRICE
AMOUNT
of Carpet and installation
of vinyl floor/bathroom
$1475.4:
labor and materials
TOTAL
$1475.43
ACCOUNT NUMBER
AMOUNT
DEPARTMEN vintage Poi=e
009-62-4538
1475
43BY
_
WARTA~ MEAD
ARTHUR C MATHIAS INS AGENCY, INC.
Auto -Life -Health -Home and Business
3900 ARCTIC BLVD STE 102
ANCHORAGE, AK 99503 PHONE (907) 563-3188 FAX (907) 563-7416
December 7, 1994
CERTIFICATE OF INSURANCE
This certifies that State Farm Insurance Company, Bloomington, Ill. in-
sures the following Policyholder for the coverages indicated below:
NAME: JONATHAN E THORNTON dba REGAL INTERIORS
ADDRESS: 11472 KENAI SPUR HWY STE 1 KENAI AK 99611
JOB DESCRIPTION:
The policies listed below have been issued to the Policyholder for the
policy periods shown. The insurance described in these policies is sub-
ject to all terms, exclusions and conditions c? those policies.
COMPREHENSIVE
BUSINESS LIABILITY:
POLICY NUMBER:
92-BB-8700-9 F
LIMITS OF LIABILITY:
EFFECTIVE....:
02/16/94
BODILY INJURY/PROPERTY
DAMAGE:
EXPIRATION...:
02/16/95
GENERALCAGGREGATE.... $
1,000,000
PRODUCTS/COMPLETED
OPERATIONS AGGREGATE.$
1,000,000
WORKERS COMPENSATION & EMPLOYERS LIABILITY:
POLICY NUMBER: 92-BC-5161-3 F LIMITS OF LIABILITY:
EFFECTIVE....: 02/16/94 ACCIDENT .............$ 1C0,000
EXPIRATION...: 02/16/95 DISEASE EACH PERSON..$ 100,000
DISEASE POLICY LIMITS$ 500,000
This Certificate of Insurance is not a contract of insurance and
neither affirmatively nor negatively amends, extends or alters the
coverage approved by any pclicy described herein.
If any of the described policies are cancelled before its expiration
date, State Farm will try to mail a written notice to the certificate
holder 30 days before cancellation. If however, we fail to mail such
notice, no obligation or liability will be unposed on State Farm or
its agents or representatives.
CERTIFICATE HOLDER:
KENAI SENIOR CENTER
361 SENIOR COURT
KENAI AK 99611
cc: Insured.:
Regional:
Agent...: Art Mathias, Agent 6081-62
MEMORANDUM
TO:
Mayor Williams and City Council
THROUGH:
Tom Manninen, City Manager
FROM:
Keith Kornelis, Public Works Director
DATE:
December 6, 1994
FOR:
City Council meeting of 12/7/94
SUBJECT:
CIP Brochure
Attached is a rough copy of the CIP Brochure. Please make any corrections you feel are
necessary. I will bring some photos that might be acceptable for our brochure to the
1217/94 council meeting. If we can get the attached approved and pick out the photos
at the council meeting, the brochure can be printed 12/17/94.
KK/kw
12i02x94 11:01 8 907 283 3828 DEANS PRINTIN
01
Ll
Dean's Peninsula Printin
P.O. Box 1609 • Kenai, Alaska 99611 • Voice line (907) 283-3803
Page of ._3_ pages
Date: 12/02/94
Keith Kornelius
Here are changes for the CIP list,
Please contact us with further changes or corrections.
Thanks
Barbara
PLEASE NOTE:
Our goal Is accuracy and a job well done according to your speclflcatlons. Pre -press
proofs shall be submitted with original copy. Please proof read your copy carefully. Once
you have OK'd your copy either by return fax or In person, and your job has gone to press, you
are financially responsible for any reprints of your jobs.
Check appropriate box: O Ready to Print, 13 Print with Corrections
If ready to print pelase Initial copy
Signature
a Request 2nd Proof
Date
12/02/94 11:01 $ 907 283 3828 DERN`5 PRINTIN
03
CITY OF KENAI
Request for State Grants
1995-96 Capital Improvement Projects
1, Water System Improvements
a. Water System Improvements
S2,750,000
b. Reallocation of Grants
295,000
2. Community Road Development
2,400,000
3. Satellite Fire Station (Beaver Creek)
800,000
4. Animal Control Shelter
600,000
5. Sewer System Improvements
51000,000
1, Marine Industrial Development 1,000,000
2. Library Addition 1,000,000
3, ADA Compliance to Public Facilities 1,p0 ,000
TOTAL REQUEST $ 14,845,000
12i02i94 11101 8 907 283 3828 DEAN-5 PRINTIN
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INFORMATION ITEMS
Kenai City Council Meeting of
December 7, 1994
11/23/94 Council Meeting "To Do" List.
12/94 Greater Kenai Chamber of Commerce, Chamber Chatter.
11/10/94 Senator Murkowski letter regarding unfunded federal
mandates.
Robert L. Seymour application for placement on the Personnel
Arbitration Panel.
Richard Ross application for placement on the Personnel
Arbitration Panel.
11/94 Resource Development Council, Inc., Resource Review.
Pay Estimate No. 7, Alaska Courthouse Contaminated Soils -
Glacier Environmental Services, Inc./$51,018.70.
11/29/94 KK letters to B. Kluge and Brown's Electric
regarding Kenai Bicentennial Visitors Center lights and
humidity problems.
12/1/94 KK letter to KPB forwarding a copy of Resolution No.
94-71 and the CIP priority list.
U.S. Army Corps of Engineers, Emergency Streambank and
Shoreline Protection Projects.
11/30/94 Kenai Chamber letter thanking City for their
participation in "Christmas Comes to Kenai."
KENAI CITY COUNCIL MEETING
NOVEMBER 23, 1994
"TO DO" LIST
TM - Administration to meet with the Public Works Director
and City Attorney to develop a policy voted on and
passed and review other variable prospects in ways to
deal with this problem and report back to Council for
the December 7 meeting if possible. Information
included should be cost of snow blowers, cost of
pushing the snow into the street or road, etc. other
variable ways than what was before council tonight and
size of berms.
Prepare information packet about CIP project lists for
future distribution to legislators.
Sign permit for Western Geophysical Testing on city
lands.
CLF - Change amount total on CIP list.
Write a letter to the Borough regarding Council's
concerns for representation on the Borough's overlay
ordinance committee; request placement of a city
representative on the Borough's committee.
Hold thirty of city videos for city use; give two
copies to the Library; one copy to the Kenai Visitors
Center; one copy to EDD; one copy to the Tourism
Marketing Council; one copy to the Kenai Chamber of
Commerce; and remaining 14 may be sold for $25.00 per
copy.
Place discussion of machinery building (historical
engines, etc.) on 12/7/94 agenda.
Place draft ordinance regarding policy for authority of
the finance director to control disbursements and
expenditures on agenda when CAB returns.
Have donation of $1,000 sent to EDD to help cover costs
of feasibility study for placement of ice rinks on the
Kenai Peninsula.
CAB - Send a letter to PERS objecting to their interpretation
that the City has "seasonal" employees.
Order new computer when you feel it appropriate in
order to have it in service by June 1.
-1-
KK - Do a brief synopsis of the bluff erosion problem and an
update on the Mission Street paving project and whether
negotiations with the Church are complete. Have
available to be placed in Historic District Board's
packet for their review (HDB's packet day = Noon,
12/8/94)
Have Kluge and museum conservator investigate windows
and humidification problems at Bicentennial building.
Find out the effects of humidifying and plan how such a
system would be installed. More information is needed.
Report back to council.
Have a consultant from Brown's Electric look at the
lights at the Bicentennial building. Report back to
council of the representative's findings.
Have purchase order in next packet for purchase and
installation of the display case.
CRG - Produce code information regarding vehicle traffic on
the beach and signage information to be placed in
Historic District Board's packet for their review
(HDB's packet day = Noon, 12/8/94)
JL - Gather existing information regarding the ownership of
the Fish & Wildlife facility in Old Town and why the
City cannot be given ownership of the property
(Williams suggested you get in touch with Willa Konte
at KNA if he has questions). Have available to be
placed in Historic District Board's packet for their
review (HDB's packet day = Noon, 12/8/94)
Go ahead with in-house design of additional restrooms
at softball field.
JL/RAE - Go forward with plans for paving the CAP taxiway.
Check subsoils.
-2-
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GREEN
S *
Green, 8ar Gazette
Newsletter of the Central Peninsula Green Star Program; Jcel A. Kapp, Editor, November 1994
Who's Joined
Green Star?
• Alaska Anvil
• Byron McCord, M.D.
• Central Peninsula General Hospital
• Cook Inlet Spill Prevention & Resp.
• Computers Plus
• Economic Development District
• Healthful Living Products
• Kenai Chamber of Commerce*
• Kenai City Hall
• Kenai Peninsula Borough Building
• Kenai Peninsula College
• Kenai Peninsula Comm. Care Center
• Kenai Peninsula Food Bank
• Kenai Peninsula United Way
• Kenai Public Works
• Kenai Senior Citizens Center
..
• Kenai Wastewater Treatment Plant
• Mactel Cellular System
• Marathon Oil Company
• National Bank of Alaska, Kenai
• National Bank of Alaska, Soldotna
• Peninsula Sanitation
• Phillips Petroleum*
• PTI Communications
• School District - Central Offices
• Soldotna Chamber of Commerce
• Soldotna City Hall
• Tesoro Alaska Petroleum Company
• The Travel Place
• Toner Resource
*indicates Green Star Award winners
30 members
and growing!
How You Can Profit From Waste.
Reduction In Your Business
excerpted from 'Profiting From Waste Reduction In Your Small Business'
by David Wigglesworth
of the Alaska Dept. of Environmental Conservation's Pollution Prevention Office
Until recently, small businesses weren't overly concerned with the costs
resulting from the generation of industrial waste. However, this situation has changed.
Small business owners in Alaska (and elsewhere) now bear an enormous legal and
social responsibility to safely manage the materials used in their business operations,
in addition to any waste produced. Moreover, smaU business owners now reaiiie the
potential financial losses resulting from the generation of waste.
.� �.
Today, it is essential that small business owners and employees develop programs to
reduce or eliminate wastes generated from business operations. By doing so, a small
business improves its competitiveness andprofitability while atthe same time keeping
both the workplace and the community clean. Waste reduction works and makes good
business sense. -
What is waste reduction? Waste reduction is any activity that reduces or eliminates the
generation of waste at its source, before itbecomes a pollutant or a lost resource. Waste
appears in many forms: solid wastes such aspaper, boxes and otherrefuse; spills, vapors
and fumes that may cause pollution outdoors and in the workplace; wastewater
discharges; energy waste; and hazardous wastes that are reactive, toxic, ignitable or
corrosive - to name just a few.
Industrial wastes are produced for a variety of reasons, but most often, wastes are
created because a company has not spent enough time developing a program to
eliminate these losses.
Promoting waste reduction in your business requires a fundamental change on the part
of business managers, and employees, to view these wastes as potential resources rather
than just something thrown away or lost during the production process. This goes for
all wastes, not j ust hazardous wastes and those that are regulated by local, state and/or
federal laws. Conserving water and energy, reusing paper waste, and saving raw
materials should be a part of your overall waste reduction goal.
By focusing your attention on all types of waste, you will ensure maximum rename for
your waste reduction efforts. These returns can include:
• Reduced operation costs by using less raw materials and conserving energy
• Savings from reduced need for pollution control equipment and monitoring
• IIimination of waste transportation, storage and disposal costs
• A healthier workforce and community from reduced exposure to hazardous
wastes and chemical materials
• Reduced costs for compliance with waste dispoasal regulations
• Improved public image from taking positive steps towards your community's
waste problems
• Revenues from the recover and sale of reusable wastes
• Reduced liabilities through the elimination of waste
This article will briefly outline a four -step method designed to help you and your
employees identify waste reduction possibilities within your business, and will con-
clude with some examples of actual waste reduction cases. The complete booklet which
this article was taken from is available from the Central Peninsula Green Star office.
(eontinuedonPage2)
Special Thanks To Our Founding Sponsors:.
KSRM Radio • Kenai Peninsula Borough 9 Marathon Oil • Peninsula Sanitation a PTI"Communications
Task 1: Conduct a waste assessment.
Task one involves identifying the type,
quantities, and rates of production of
waste produced by various business op-
erations. This is one of the mandatory
standards for organizations enrolling in
the Green Star Program. Last month's
issue of the Green Star Gazette devoted
an article to conducting a waste assess-
ment, so we won't go into great detail
here except to say that you should inves-
tigate all wastes which are applicable to
your business: air emissions, hazardous
wastes, heat & energy loss, out -dated
stock, solid wastes, spills and container
leaks, and wastewater, for example.
Depending on the size and type of busi-
ness you operate, you may have some of
the following information sources to
help you with this assessment: annual
records, lab analyses, employee inter-
views, equipment specs, inventory con-
trols, MSDSs, operating manuals, oper-
ating logs, inspection reports, permits,
shipping papers, vendor information,
waste manifests. For more information,
please see last month's newsletter or ask
for the booklet from which this article
was taken.
Task2: Conduct a facility watkkthmugh.
By conducting a walkthrough, the audit
team will be able to verify the informa-
tion obtained during Task 1(as well as
collect additional information) and to
get a clear profile of the waste generat-
ing processes and operations in the busi-
ness. It is essential that the audit team
actually walk through and objectively
observe the business "for the fast time"
and record their observations.
Task 3: Id n i y waste d action o��r-
t ni i .g. The audit team should consider
all possible opportunities no matter how
unworkable or costly they may initially
seem. The important point is to be inno-
vative, creative and to develop a laundry
list of ideas. It is also important to focus
on measures that reduce waste at the
source or promote on -site reuse rather
than ideas that merely treat the waste
already being produced. Utilize research,
employee dialogue, and external re-
sources (such as the Alaska Health
Project in Anchorage, vendors and sup-
pliers, trade journals, state and local
environmental agencies, the Small B usi-
ness Development Center of Alaska,
etc.) to help you generate useful ideas.
Task 4: Document your fmdmQs. The Attention!
information you collect should be docu-
mented and filed with other business
reoords. this document will serve a van-
ety of functions, including: recording
the activities of the audit team, serving
as a record of the good faith efforts of
your company to control pollution and
protect workers and the community, pro-
viding baseline data to allow the audit
team to determine if selected waste re-
duction efforts actually reduce waste
and save money, providing the founda-
tion for your developing waste reduc-
tion program.
CASE STUDY 1: In 1984, George
Kelly, vice president of One Hour
Fireweed dry cleaning, attend ed a work-
shop on smallbusiness bazardous waste.
He went away feeling his business could
do a lot more to control solvent wastes
from its operations. Since then, One
Hour Fireweed has reduced its solvent
waste to a level well below national
industry standards. Mr. Kelly accom-
plishes this by regularly checking for
and sealing any system leaks, modifying
his plant to include an aziotmpic condi-
tioning system to recover solvent, and
installing a carbon absorption unit to
recover solvent from exhaust vapors.
With this new setup, he can now clean
four times as many clothes per drum of
solvent At the current price of around
$285 per drum, that translates into real
savings - and a cleaner environment!
CASE STUDY 2: When Gary Westoby
operated his garage in Anchorage he
became a champion of waste reduction
in an effort to reduce solvent contamina-
tion of used oil. This contamination had
significantly increased his used oil dis-
posal costs. Mr. Westoby developed a
program for the spec needs of his
business, which included: segregating
wastes to prevent mixing used oils and
solvents, educating employees about the
importance of the segregation process,
obtaining an independent waste audit of
his facility to determine other opportu-
nities forhis business. Mr. Westoby also
designed a high-pressure washer which
uses soap and water to clean engine
parts. Use of this washer reduced his
consumption of expensive solvent clean-
ers and decreased employees' exposure
to toxic solvent materials.
Workshop Notice!
The next Central Peninsula Green
Star workshop will be held Friday,
December9, at Kenai Peninsula Col-
lege from 10:00 a.m. to 2:30 p.m.
This event is a must for organiza-
tions enrolled in the program that
want practical information on imple-
menting the Green Star program, or
for those organizations interested in
enrolling in the program. And best of
all, its free and includes a delicious
lunch! Topics for this workshop, in-
clude the following: tips on imple-
menting the sic mandatory Green
Star standards, how to reduce: and
properly dispose of small business
hazardous waste, how to make your
business more energy efficient, set-
ting up a recycling program and pur-
chasing recycled products. "
rational and helpful workshop. Ad-
mission is free for up to two repre-
sentatives from any business or or-
ganization; additional reps are $5
each.. Call Central Peninsula Green
Star early at 283-8771 to registerfor
this event: it is expected to fill up.
Green Stares
t.1p
of the month
Purchase recycled - also known as
"closing the loop". It's one thing to
recycle stuff, but if nobody is buying
the products that are made from re-
cycled materials, the system doesn't
work. Luckily, thequalityof recycled
products is now very good, their
price is going down, and the variety
of recycled goods on the market is
very good as well. For instance, you
can now buy recycled versions of
the following:
• copy & laser paper
• file folders & notepads
• sticky notes & dayplanners
• paper towels & bathroom tissue
• office furniture
• building lumber
and much more! Make it company
policy to always 12urc_h ase recv� ded.
To reach Central Peninsula Green Star. 402 Overland Ave. Kenai, AK 99611 907-283-Ml FAX 283-7183
CHRISTIIIAS
DECORATING
CONTEST
Sponsored by the Kenai Chamber of Commerce
Certificates will be awarded in each area for the following. -
COMMERCIAL
1st, 2nd and 3rd Places
RESIDENTIAL
1st, 2nd and 3rd Places
To enter: Complete appropriate entry form below. Judging
will take place on Thursday (12115194). Entry forms for
Judging will be accepted until Tuesday (12113194).
RESIDENTIAL
Address of Entrant.
Name of Entrant:
Phone No. of Entrant:
Your Name (if you desire)
COMMERCIAL
Address of Entrant.
Name of Entrant.
Phone No. of Entrant.
Your Name (if you desire)
SUBMIT TO KENAI CHAMBER OF COMMEERCE
402 Overland Ave.
Kenai, Alaska 99611
PHONE. 283-7989 with questions.
FRANK H. MURKOWSKI
ALASKA
COMMITTEES:
VETERANS' AFFAIRS (RANKING)
ENERGY AND NATURAL RESOURCES
FOREIGN RELATIONS
INDIAN AFFAIRS
lunittd 0$tattz O$matt
WASHINGTON, DC 20510-0202
(202) 224-6665
November 10, 1994
Ms. Kim Howard
Acting City Manager
City of Kenai
210 Fidalgo Avenue
Suite 200
Kenai, Alaska 99611
Dear Kim:
[_ RECE:RJ ;
222 WEST
ANCHORAGE,
1907) ry�
101 12TH D'
FAIRSANKs, A
19071
P.O. Box 21647
JUNEAU, AK 99802-1647
(907) 586-7400
130 TRADING BAY ROAD. SUITE 350
KENAI, AK 99611-7716
(907) 283-5808
109 MAIN STREET
KETCHIKAN. AK 99901-6489
(9071 225-6880
Thank you for your letter regarding unfunded federal
mandates.
As you may know, a bill was introduced by Senator Dirk
Kempthorne of Idaho, S. 993, that would have instituted some
measures that would limit the Federal government's ability
to pass laws containing unfunded mandates. The Federal
government seems to have forgotten that when it establishes
new rules and regulations or when the Majority in Congress
pass a bill, the costs are usually borne by state and local
communities.
I can proudly state that I co -sponsored this bill and
will again in the next session when it will inevitably come
up again. Even though it never made it to the Senate floor
for a vote in this session, it is my feeling that it is an
idea whose time has come.
Again, thank you for your letter on this very important
issue.
incerely,
Frank H. Murkowski
United States Senator
CITY OF KENAI
It Gil eC,12l 4 y41441,
210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-283-7535
FAX 907-283-3014
CITY OF KENAI
BACKGROUND AND PERSONAL DATA - CANDIDATES FOR APPOINTME
TO COMMITTEES AND COMMISSIONS
tr
DATE: 1rt� q �/
NAME:
�v P / 't YYi� c r
r ..ban
I I it 1
1"z
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cj
NOV 1994 Q,
w
Resident of the City of Kenai? How long?
Residence Address �(' 7/;���
Mailing Address (,C 7 ���, ��,�/ /j/'Telephone No. -1.8'3--3 316-
Business Address
Telephone No.
EMPLOYER: "// S
Job Title
NAME OF SPOUSE:
Current membership in organizations:
�uc4 Clio Ll pairCCtt-o C . l
/
!Tt L�^ '11-P1) c•f /
Paste-orgaaniza ona/l/ "Im) e"er hip
OR COMMISSIONS IN WHICH YOU ARE INTERESTED:
6 p o e '/ /4-rh, /
WHY DO YOU WANT TO BE INVOLVED WITH THIS COMMISSION OR COMMITTEE?
.l P� _ �.t ca � ,v, a l� F -��+ 1 L l.' rV� ��.•1�-t.T �<' � J
Signature
CITY OF KENAIit Od eCZj.24;1CJ 4 4144,.d*�L
210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-283-7535
- _ FAX 907-283-3014
CITY OF KENAI
BACKGROUND AND PERSONAL DATA - CANDIDATES FOR APPOINTMENT
TO COMMITTEES AND COMMISSIONS
DATE:
NAME:
Resident of the City of Kenai? _yrLs How long? Z 6 �
Residence Address /CIS IVryr4oA PL
Mailing Address Telephone No.
Business Address
EMPLOYER:
Job Title
NAME OF SPOUSE:
Current membership in organizations:
Telephone No.
dL1j=
arr.ennan
,III�1
1992
1nTWALZA,*C ASLC CE Ai c W-ssoc �F C���s c�c� -FBrtiA
Past organizational memberships:
COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED:
WHY DO YOU WANT TO BE INVOLVED WITH THIS COMMISSION OR COMMITTEE?
/T /S tA-S To-,.a,"7U7- 9A..0 440yexc oF Ax4,oe. .SS,�rrar'�to
lyi
Signature
More access restrictions for public lands
Helicopter access to
federal lands in question
Most of Alaska is inaccessible by highway, leaving air access as the only viable means
to reach the state's remote wilderness. The senior citizen and physically -challenged
visitor to Alaska may not have the ability to hike into the backcountry, but should have
opportunity to access the abundant scenic beauty that exists beyond the limited
highway network. By eliminating air access, the dream of many visitors
and residents to see Alaska's great wonders would be out of reach.
Photo courtesy Era Aviation. Inc. - See story, pages 4-6
RDC, State seek withdrawal of new
RS 2477 access regulations
The Resource Development Coun-
cil has joined the Alaska Miners Asso-
ciation and the State of Alaska in urging
the U.S. Department of the Interior to
withdraw newly -proposed rules which
would severely limit the availability and
usefulness of existing RS 2477 rights -
of -way in Alaska.
RS 2477 remains one of the most
useful access tools for Alaskans to cross
federal lands, which comprise approxi-
mately 60 percent of the state's land
mass. With the exception of the Trans -
Alaska Pipeline corridor, it is impos-
sible to cross the state from north to
south or east to west without crossing
federal lands.
Ina letterto Interior Secretary Bruce
Babbit, RDC emphasized that contin-
ued public access to and across federal
The Resource Development Council (RDC) is
Alaska's largest privately funded nonprofit economic
development organization working to develop
Alaska's natural resources in an orderly manner and
to create a broad -based, diversified economy while
protecting and enhancing the environment.
Emicutive Committee Ofticers
President ................................- David J. Parish
Sr. Vice President ................
Elizabeth Rensch
Vice President ....................... Scott L Thorson
Secretary ...............................
Lyle Von Bargen
Treasurer ..................................Allen Bingham
Past President .........................James
L Cloud
Staff
Executive Director ......................Becky L Gay
Communications Director
....... Cad R. Portman
Special Assistant/Finance
....... Judie Schnefter
Projects Coordinator ...................Ken
Freeman
Staff Assistant ............................
Perry Booher
Resource Review is the official monthly publication
of the Resource Development Council. RDC is located
at 121 W. Fireweed, Suite 250, Anchorage, AK 99503,
(907) 276-0700. Fax: 276-3887
Material in the pin may be reprinted without
permission provided appropria credit is given.
WrINr 3 Echw
Cad Portman:
land is essential forAlaska. BecauseAlaska
is ayoung state, formal recognition of many
access routes has not yet occurred.
Options to acquire rights -of -way in
mostly-roadless Alaska are scarce.
Easements reserved under Sec. 17(b)
of the Alaska Native Claims Settlement
Act are limited and the right of way
provisions in Title XI of the Alaska Na-
tional Interest Lands Conservation Act
(ANILCA) are so cumbersome they
have not often been successfully used
to establish rights -of -way.
Hundreds of RS 2477 trails with
great historical and local value have
been used across the 49th state to
provide access between communities
and to access recreation sites, mining
claims and important resource depos-
its. Present usage on these trails can
vary from hiking to a modern thorough-
fare, but the availability and usage of
many of these trails would be severely
limited by the proposed rules.
With finalization of the draft regula-
tions, RDC warns that one more impor-
tant method of access would be lost.
RDC noted Congress granted RS 2477
rights -of -way to the people so that fed-
eral lands could be accessed and
crossed. Now the Department of the
Interior is seeking to limittheir availabil-
ity and usefulness.
Here are some major objections
RDC expressed to Babbit on the pro-
posed regulations:
• The proposed regulations would
severely limit the availability and use-
fulness of existing RS 2477 rights -of -
way in Alaska. RS 2477 remains one of
the most useful access tools for Alas-
kans to cross federal lands, as histori-
cally done.
• The proposed regulations require
a high level of development to modern
standards. Current federal policy and
existing case law recognize a wide va-
riety of historic construction methods
as adequate for establishing RS 2477
rights. The proposed regulations w
modern standards requirement art
consistent with the way rights -of -way
were created and used.
• The proposed rules rewrite his-
tory and retroactively impose limits on
(Continued to page 6)
Hundreds of local trails with great historical significance and local value have been used to
access rural communities, recreation sites, mining claims and important resource deposits
in Alaska, where the modem road system is extremely limited.
Page 2 / RESOURCE REVIEW / November 1994
Alaska is
biggest
spender on
environment
Most Americans view Alaska as a
land of unspoiled beauty, a frontier
where people live on the edge of the
last great wilderness. So it's not sur-
prising that leading national environ-
mental groups, fueled with contribu-
tions from millions of Americans, have
targeted Alaska as the top priority in
their preservation agendas. These
groups have been most successful in
drawing a picture of a fragile Alaska
threatened by timber harvesters, min-
ers, oil and gas producers, hordes of
tourists and commercial fishermen.
Predictably, a well-meaning, but mis-
guided public has responded gener-
ously to the call to save Alaska from
Alaskans.
Obviously, the call to save the en-
vironment is big industry. Together.
environmental groups spent more than
a half billion dollars last year, of which
a significant portion was used to chal-
lenge development in Alaska.
Yet it may come as a surprise to
most Americans that Alaska has given
more to the conservation movement
than any other state. This great north-
ern state accounts for 70 percent of all
national park lands, 90 percent of the
nation's wildlife refuge lands and 62
percent of all federally -designated Wil-
derness — enough to fill the entire
state of Utah. And despite the fact that
Alaska's economy is almost entirely
fueled by extractive resource indus-
tries, less than one percent of the state's
170 million acres of wetlands have
been developed.
No other state comes close to
matching Alaska's conservation record,
Western states: big spenders on environment
Rank
State
Per Capita
Rank
State
Percentage of
Expenditure
State Budget
1
Alaska
$520
1
Alaska
5.8%
2
Wyoming
221
2
Wyoming
5.5
4
Idaho
81
3
Idaho
3.6
6
Washington
78
4
Colorado
3.2
7
Montana
72
8
Montana
2.4
8
California
68
9
California
2.4
9
Colorado
68
10
Oregon
2.3
11
Oregon
61
14
Utah
1.8
17
Nevada
46
20
Nevada
1.6
19
Utah
44
21
Washington
1.6
24
New Mexico
36
30
New Mexico
1.2
26
Hawaii
34
43
Hawaii
0.8
49
Arizona
16
47
Arizona
0.7
Source: Resource Guide to State Environmental Management,
Third Edition
s..
nor does any state, including environ-
mentally -aware Oregon and California,
top Alaska in per capita expenditures on
environmental programs or the percent-
age of state budgets spent on the envi-
ronment.
According to the Resource Guide to
State Environmental Management,
Alaska ranked number one in spending
$520 per resident on the environment.
The 5.8 percent of the state budget
allocated to environmental programs
was the highest of all 50 states.
California, a seat of environmental
activism, ranked eighth in environmen-
tal per capita spending at $68 per resi-
dent on environmental measures. In
terms of the percentage of state bud-
gets spent on the environment, Califor-
nia placed ninth at 2.4 percent.
Oregon ranked eleventh in terms of
per capita spending and tenth when it
came to allocating a percentage of its
budget to the environment.
Overall, the nation's 50 states spent
over $9 billion on the environment.
November 1994 / RESOURCE REVIEW / Page 3
Air access, overflights in question
The Resource Development
Council and the Alaska Visitors Asso-
ciation have joined forces in opposing
a U.S. Forest Service proposal to elimi-
nate 90 percent of the historically used
helicopter landing areas in the Tongass
National Forest.
The Forest Service is conducting
public meetings and accepting com-
ments on a scoping document pertain-
ing to helicopter landings in wilder-
ness areas of the Tongass. The docu-
ment and subsequent public comments
will provide a foundation for an upcom-
ing Environmental Impact Statement
(EIS).
Most Alaska wilderness lands and
conservation system units are inac-
cessible by road or water. While there
may be a few that can experience
these parks, monuments and refuges
by foot, for avast majority, flightseeing
is virtually the only means to access
wilderness areas. For that reason
among others, flightseeing has be-
come a standard part of an Alaskan
vacation.
In Southeast Alaska, flightseeing,
both fixed wing and helicopter, has
been a major tour product since the
Helicopter overflights expose visitors to
some of Alaska's most rugged terrain.
(Photo courtesy Era Aviation, Inc.)
F/ightseeing excursions over Denali National Park are popular with visitors and local
residents who have no other means of accessing the rugged Denali Wilderness.
(Photo courresyAlaska Helicopters, Inc.)
1950s. According to the Alaska Visitors
Association (AVA), it also happens to
have the highest ranking of experi-
ences among visitors. AVA reported
that the most recent Alaska visitor sta-
tistics show that in 1993, 60 percent or
503,000 summer visitors visited South-
east Alaska — 72 percent of these
travelers purchased an optional day
tour, which included helicopter
flightseeing.
As the fastest growing industry in
the state, tourism contributes $1.3 bil-
lion to the economy and directly em-
ploys 27,000 Alaskans. It is an industry
that relies extensively on land manage-
ment decisions which provide access
to the wilderness.
"We do not believe the public inter-
ests are best served by these restric-
tive measures," said Karen Cowart,
Executive Director of the Alaska Visi-
tors Association. "We see no evidence
for change in the way the Forest Ser-
vice permits. administers and monitors
helicopter landings in wilderness areas
of the Tongass."
Cowart said it may be time to con-
sider increasing permits issued to
flightseeing helicopter companies. "Ul-
timately, this would afford a greater
number of America's people a better
understanding of public trust lands —
which we assume is a major goal of the
Forest Service as a caretaker."
In the scoping document, the For-
est Service suggests eliminating
sites — 90 percent of the tradii
landing sites that have long been ac-
cessible to visitors and industry alike.
Such flight restrictions would severely
impact not only Southeast Alaska, but
Page 4 / RESOURCE REVIEW / November 1994
As in Southeast Alaska, helicopter flightseeing is very popular among visitors and is
considered atop visitor experience by tourists. An Era Aviation helicopter pictured above
provides visitors a commanding view of Knik Glacier. 50 miles northeast of Anchorage.
Helicopter landings are prohibited in Chugach State Park, immediately east of the city.
(Photo courtesy Era Aviation, inc.)
the Alaska economy as a whole.
in defending helicopter landing
rights, RDC pointed out that according
to the law, traditional use must be al-
lowed wherever there was traditional
use. RDC believes the actual number
of landings allowed should be based on
actual impacts on the resources, not by
some arbitrary frequency. Moreover,
RDC believes alternative access should
have nothing to do with determining
limits to traditional use, in this case,
helicopter landings.
RDC emphasized that helicopter
landings provide access to wilderness
areas with no detrimental "footprint" to
the surrounding environment.
"Helicopter landings do not jeopar-
dize the wilderness resource for future
generations, but they do allow this gen-
eration to experience it," said Becky
Gay, RDC's Executive Director, in
lengthy technical comments on the is-
sue. `Years of helicopter use have left
wilderness areas in their natural condi-
tion because not much landing devel-
opment is needed."
All resource industries depend
somewhat on helicopters for safety and
access, in particular tourism, mining
and timber. The Tongass, however,
has been progressively put off-limits to
traditional multiple uses such as log-
ging and mining, and helicopter access
has developed as an environmentally -
sound trade-off for roads.
The USFS proposed action places
a high value on wilderness resources,
as does the tourism industry which is
seeking to provide access for the grow-
ing visitor market.
"By limiting helicopter access, the
Forest Service is basically eliminating
access except to all but the most hardy
souls, agency personnel and the occa-
sional spartan eco-tourist," Gay said. "It
is obvious that Alaska wilderness is
incredibly remote and difficult to ac-
cess, but it is almost impossible in the
virtually roadless Southeast Alaska to
even view it from afar due to its treach-
erous and steep terrain, covered in
thick forests or huge glaciers and ice
fields."
The Forest Service's proposed ac-
tion of banning landings in 12 of 19
areas at this early stage of the scoping
process is seen by RDC and others as
a heavy-handed move by the federal
government. Not only will it probably
bias future response to the upcoming
DEIS, RDC warned, a likely scenario of
eroding even such slim access appears
to be in the making.
The Forest Service has not consid-
ered the impact of what the proposed
decrease in helicopter landing will have
on recreation options and economic
sectors. There is no discussion on new
opportunities, increased frequencies of
landings or new sites of interest to the
public.
"If the Forest Service can include
such vague aspects such as the effects
of helicopters on 'yet undiscovered cul-
tural resources,' surely it should be also
looking at future demand for access to
wilderness sites," said Gay.
Recommendations for the DEIS:
De -facto non -Wilderness should
not be discussed in DEIS. The scope
(Continued to page 6)
Helicopters are used extensively in timber, mining and oil industry operations since most of
Alaska remains in a roadless state. (Photo courtesy Era Aviation, Inc.)
November 1994 / RESOURCE REVIEW / Page 5
RDC defends helicopter
access rights in Tongass
(Continued from page 5)
of the question under consideration is
the "effects of helicopter landings for
access in Wilderness areas by the gen-
eral public." Any attempts to limit tradi-
tional access elsewhere in the Tongass
should be struck from this document.
Discuss social and economic
benefits of helicopter landings in the
remote and inaccessible Tongass.
For instance, consider what the pro-
posed decrease of helicopter landings
will have on recreation options and eco-
nomic sectors, including physically -chal-
lenged sight -seers and cruise ship visitors
which are limited for time and by season.
Include a full range of possible
alternatives, including status quo.
At the very least, the full historic comple-
ment of sites (approx. 400) in all 17
areas of historic use must be one aftemative
in the DEIS in order to meet AN ILCA man-
dates. RDC believes the number of and/or
frequency of landings authorized per year
should be based on historical use in addi-
tion to the need for expansion.
Improve criteria by which 359 of
the 400 historic sites were discarded.
The "in -or -out' aspect of the initial crite-
ria application resulted in a huge num-
ber of sites being excluded inappropri-
ately. Alternative access should not
determine limits to traditional use.
Helicopters should not be
singled out to address concerns
about congestion. Fair and safe mea-
sures should be extended to all aircraft
and gear -type.
Meanwhile, the U.S. Department of
the Interior recently released an Ad-
vanced Notice of Proposed Rulemaking
to restrict fixed -wing and helicopter
flights over national parks and other
federal lands. And the U.S. Fish and
Wildlife Service is working on new regu-
lations which would ban private fixed -
wing aircraft from large areas of the
Kodiak National Wildlife Refuge by
banning upland landings. The regula-
tions could set a precedent for estab-
lishing restrictions in other wildlife ref-
uges in Alaska. RDC is closely monitor-
ing the situation and has met with the
Interior officials on the issue.
Helicopters leave virtually no footprint when landing in remote road/ess areas. Since most
of Alaska is roadless, helicopters and fixed -wing aircraft are essential for access. Above,
RDC board members survey a beach in Prince William Sound with Exxon's Mike Barker,
far left.
Helicopter logging occurs in hard to reach
areas of the Tongass. (PhotobyCadPbrtTw)
RDC, State oppose
new RS 2477 rules
(Continued from page 2)
the means of travel that would qualify
as a method of creating an RS 2477.
Current federal policy and case law
recognize that usage over time by all
means of travel, including foot and pack
animal, establishes RS 2477 rights for
the public. Historic and existing meth-
ods of travel must continue to qualify as
an RS 2477 because of the unique
circumstances in Alaska. Most of the
state is still inaccessible by road, as it
was in 1866. Historic rural access cor-
ridors should be preserved, both sum-
mer and winter routes.
• The proposed regulations retro-
actively limit valid rights without com-
pensation or offering a viable alterna-
tive. When Congress repealed RS
2477 in 1976, it retained valid existing
rights. Current federal law recognizes
these rights. Moreover, the proposed
regulations would establish an arbitrary
deadline for asserting RS 2477 rights,
despite the fact that neither Cor -s
nor current federal policy puts i e
limit on the acceptance of an RS 2477.
(Continued to page 7)
Page 6 / RESOURCE REVIEW / November 1994
Beetle consumes 1.5 million acres, State
responds with five-year harvest plan
Preservationists file suit in court to stop timber sales
The spruce bark beetle may have
consumed more than 1.5 million acres
of timber across Southcentral Alaska
this past summer, according to Terry
Brady, a private forestry consultant.
Over two billion board feet of timber
was infested by the beetle, an eco-
nomic loss of more than $700 million.
That's more than value of all Alaska salmon
delivered to fish processors in 1993.
The beetle infestation is continuing
to spread rapidly through Southcentral
and Interior forests. Between 1991 and
1993 some 1.33 billion board feet of
timber was infested on state-owned
lands, more than the 1.04 billion board
feet of timber harvested from state lands
since Alaska became a state in 1959. In
recent years, more timber has been
killed by the beetle than has been lost to
forest fires or logging under the 50-year
contracts in the Tongass National Forest
Infested forest acreage more than
quadrupled between 1990 and 1993,
increasing from about 200,000 acres to
about 835,000 acres in 1993, accord-
ing to the U.S. Forest Service.
Yetthe state and federal govern-
ments have spent only about $1 mik
lion to address the infestation. Most
of the funds have been spent on
public meetings, monitoring and
campground mitigation.
Meanwhile, Trustees for Alaska
and other environmental groups have
filed suit to challenge the state's five-
year logging plan for the Kenai Pen-
insula. The plan would put up for sale
each year about 4,000 acres of
beetle -damaged timber on the Kenai
Peninsula, a minuscule amountwhen
compared to the annual loss of acre-
age to the bug.
The environmental groups were
unsuccessful in convincing the courts
to approve an injunction on the first
of the Kenai tracts the state has put
up for sale. Those tracts total about
1,140 acres of more than 2 million
acres of state land in the Kenai Pen-
insula Borough.
The Division's five-year plan re-
quires loggers to follow the strict
guidelines of the Alaska Forest Prac-
tices Act. Streamside buffers will be re-
quired and all work must be done on snow
trails ratherthan on new roads. Reforestation
is mandated in all harvest areas.
The Kenai spruce beetle infestation
is the largest in America. It got out of hand
because so much of the forest is over -
aged, a direct result of fire suppression
and a lack of timber harvesting. Recre-
ation and other human activities may have
caused local forestdistress, which helped set
the stage for the infestation.
Foresters warn that large areas of
the Kenai Peninsula may revert to grass-
lands if the harvest and reforestation
program is blocked. They also warn that
forests across Southcentral, the Copper
River basin and the Tanana and Yukon
basins are in decline.
Thousands of jobs could be created
across Alaska harvesting infested timber and
replanting forests, according to state and
industry officials. Forester Brady noted that
sound forestpractices, such asthosefound in
Sweden and Finland, could neartydoublethe
standing volume of timber in Alaska over a
100-year period.
New RS 2477 rules draw opposition
(Continued from page 6)
• The proposed regulations would
impose new restrictions and new laws
not passed by Congress or established
through interpretation by the courts. In
this regard, the proposed regulations
are in conflict with current law and con-
gressional intent.
In its comments to Babbit, the State
of Alaska noted it has operated in good
faith with previous federal administra-
tions to establish an acceptable policy
to guide the identification and manage-
ment of RS 2477 rights -of -way. "The
proposed rules ignore all previous con-
cessions by the State and impose a
one-sided view point on these very im-
portant access rights," said Harry
Noah, Commissioner of the Alaska
Department of Natural Resources.
"This is wrong and unfair."
Commissioner Mike Barton of
the Alaska Department of Transpor-
tation disagreed with Interior that limited
usage and strict control of RS 2477 will
provide for better management of fed-
eral lands.
"RS 2477 provides for very basic
access," Barton said. "Most routes
will not be developed into modern
highways, but will continue to be
used as they have in the past. Many
are seasonal. Some may not be used
at all or may be developed only for a hiking
trail. They do not threaten land or re-
sources. Current law recognizes that an
RS 2477 is an easement that cannot un-
necessarily impact surrounding land."
RS 2477 often provides the only es-
tablished access to a site, Barton empha-
sized. "To retain them is to retain the
option of access; to lose them would be to
eliminate access."
RDC and the Alaska Miners Association
generated a substantial flow of letters to In-
terior opposing the new regulations. Both or-
ganizations circulated action alerts to their
members on the issue.
November 1994 / RESOURCE REVIEW / Page 7
J
Fly in comfort to Alaska's most
popular destinations. Convenient,
daily schedules to: Anchorage,
Cordova, Homer, Iliamna, Kenai,
Kodiak and Valdez. Call your local
travel professional, Alaska Airlines
or Era Aviatiorr--
(800)426-0333
Era Aviation
Flying at its best.
(0 1994 ERA AVIAT ION
Resource Development Council
for Aaska, Inc.
Petroleum Club of Anchorage
4101 Credit Union Drive (South side of Sea Galley Restaurant)
December 1994
Reservations are required for each meeting. Please call 276-0700 by noon Wednesday.
Doors open at 7 a.m., presentations begin at 7:30 a.m.
.................................
Members: Breakfast: $10.50, Coffee & Pastry: $5.50
Non -Members: Breakfast: $12.00, Coffee & Pastry: $6.00
Dec: t : Cancelled
Dec: s: The Knik Glacier Visitor Access Project
Wayne Burkhart, Project Coordinator, Knik Glacier Visitor Project
Dec: , 5: Looking Ahead to the New Alaska Legislature
Senate President -Elect Drue Pearce
Dec:22-29: No Meetings
Merry Christmas and Happy New Year!
Meetings resume Thursday, January 5, 1995
NOU-29-1994 12.39 GLACIER 206 290 91%
APPLIC ON POR Page _I c
~ CONTRBCT PAMcm NO. 7
TO (OWNER); CITY OF KENAI '�
210 FIDLAGO Fr( >
KENAI, AR 99611 fw
FROM (CONTRACTOR); GLACIER ENVIROKKEWTAL SERVICES, INC.
12521 EVERGREEN DRIVE, SUITE A
MUKILTEO, WA 98275
ARCHITECT/ENGINEER: CITY.
h 010
F V.:
C 001 APPROVED 8Y COUNCIL
' a i Kens; evL
CD J
Poole ° Cl
oDATE CITY CLERK
�61-1,lzzl
PERIOD FROM 8/30/94 TO 11/30/94
AD=BTED CONTRACT AM UNT TO DATE
PAY REQUEST
1 original contract amount 425,015.00
2 Net change by change orders P
3 New .Contract amount to date 425,015.00
WORK COKPLETED
4 Total completed and stored
5 Less retainage of percent
6 Total earned less retainage
7 Less amount of previous payments
8 Balance due this payment
FOR CITY Vag
219,074.80 a -g c
168,056.10 d.00,
i
219,074.80 91%0,4q,80
51,018.70 5 ( (OT.
is
DISTRIBUTION OF EXECUM PAY ESTIMATE
77 OWNER F-7 ARCHITECT/ENGINEER = CONTRACTOR u
CITY OF KENAI 4, - e
„Oil ea,2,dal44"eu,
210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-283-7535
FAX 907-283-3014 bylAnd
near
tIIIf�
t992
November 29, 1994
Bill Kluge
Kluge & Associates
130 Trading Bay, Suite 330
Kenai, AK 99611
Subject: Kenai Bicentennial Visitors & Cultural Center (KBVCC)
Dear Mr. Kluge:
As you can see from the attached, the Kenai Visitors and Convention Bureau, Inc. is
requesting some changes to the KBVCC.
They have requested a building humidifier and a reduction of UV light levels in the
building.
After much discussion with various vendors, our City Building Division decided on the
Nortec humidifying unit from Alaska Winter (their quote is attached). To lower the UV
light levels, we recommend changing the windows to heat mirror glazing and placing filter
sleeves over the fluorescent lights.
The City of Kenai requests you and your consultant's assistance in design work for proper
building humidification and reduction in UV light.
Sincerely,
Keith Kornelis
Public Works Director
KK/kw
cc: Robert C. Springer, Building Official
Tom Manninen, City Manager
CITY OF KENAI
rr Gil 0,4,aiial 4 A,1 l rr
210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-283-7535
FAX 907-283-3014
nr
1�II�1
November 29, 1994
Brown's Electric
365 Industrial Way
Anchorage, AK 99501
Subject: Kenai Bicentennial Visitors & Cultural Center (KBVCC)
As you can see from the attached, the Kenai Visitors and Convention Bureau, Inc. is
requesting some changes to the KBVCC.
They have requested a reduction of UV light levels in the building.
To lower the UV light levels, we recommend changing the windows to heat mirror glazing
and placing filter sleeves over the fluorescent lights.
I believe the City's Building Division received some information from you concerning
covering the fluorescent lights with filter sleeves. Our City Council is requesting that one
of your lighting specialists actually physically inspect the lights on the Kenai Bicentennial
Visitors & Cultural Center, and make a recommendation for any changes in the lighting.
Please contact Diane Rathman, Director of Exhibits/Displays, at 283-1991 for a time to
inspect the building. Thank you very much for your time and effort.
Sincerely,
Keith Kornelis
Public Works Director
KK/kw
cc: Robert C. Springer, Building Official
Tom Manninen, City Manager
Diane Rathman, KV&CB
CITY OF KEN,
b - q
GI Cap" 4 Y1&&4a
210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-283-7535
FAX 907-283-3014 iD>�
rr.da►
,IIII�
i»a
December 1, 1994
VIA FAX: 262-8616
Original mailed
Bonnie Golden
Kenai Peninsula Borough
144 N. Binkley
Soldotna, AK 99669
Subject: City of Kenai 1995/96 Capital Improvements Projects Priority List
Dear Ms. Golden:
I have attached Resolution No. 94-71 which was adopted by the Council of the City of
Kenai on November 23, 1994. This resolution prioritizes the 1995/96 Capital
Improvements Project list for request for state grants.
If you have any questions or need further information concerning these projects please
feel free to contact me.
Sincerely,
Keith Kornelis
Public Works Director
•1.1.�1.'L^J
Suggested by: Council
CITY OF KENAI
RESOLUTION NO. 94-71
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ADOPTING
THE CITY OF KENAI, ALASKA 1995-96 CAPITAL IMPROVEMENT PROJECT (CIP)
PRIORITY LIST FOR REQUEST FOR STATE GRANTS.
WHEREAS, input for the 1995-96 CIP list from the Kenai City
Council, City Administration, and citizens of the City of Kenai has
resulted in the attached prioritized CIP projects being requested
of the State of Alaska; and,
WHEREAS, it is the intent of the Council that paving, water, and
sewer projects in residential areas will be partially funded by
forming assessment districts in order to make any available State
funding go farther toward completion of the priority list; and,
WHEREAS, public meetings were held concerning the 1995-96 Capital
Improvement List; and,
WHEREAS, the Council of the City of Kenai, after receiving and
analyzing the input from all sources and after discussion and
deliberation, has decided to adopt the attached 1995-96 CIP List;
and,
WHEREAS, the Mayor and the Council of the City of Kenai pledge
their affirmative vote for the maintenance and operational costs of
all the City projects listed.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that the City of Kenai adopt the attached list entitled
"CITY OF KENAI, REQUEST FOR STATE GRANTS, 1995-96 CAPITAL
IMPROVEMENT PROJECTS;"
AND BE IT FURTHER RESOLVED that prior to initiating paving, water,
and sewer projects in residential areas through the use of State
funds the City shall hold public hearings toward the formation of
special assessment districts to partially fund projects listed on
the Capital Improvements Project priority list.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 23rd day of
November, 1994.
ATTEST:
Carol L. Freas, City Clerk
11/94/kw
CITY OF KENAI
REQUEST FOR STATE GRANTS
1995-96 CAPITAL IMPROVEMENT PROJECTS
HEALTH AND SAFETY
1. Water System Improvements
a. Water System Improvements
b. Reallocation of Grants
2. Community Road Development
3. Satellite Fire Station (Beaver Creek)
4. Animal Control Shelter
5. Sewer System Improvements
ECONOMIC DEVELOPMENT AND TOURISM
1. Marine Industrial Development
2. Library Addition
3. ADA Compliance to Public Facilities
TOTAL REQUEST
$ 2,750,000
295,000
2,400,000
800,000
600,000
5,000,000
1,000,000
1,000,000
11000,000
$14,845,000
March 1988
US Army Corps
of Engineers
Emergency Streambank
and Shoreline Protection
Projects
Corps of Engineers
Assistance
Under Section 14
Flood Control Act
of 1946 (as amended)
Corps of Engineers
Program for Emergency
Streambank and Shorelin
Protection Projects
Under Section 14 of
the 1946 Flood Control Act
Background
Section 14 of the 1946 Flood Control Act,
as amended by subsequent legislation,
provides authority to the Corps of
Engineers to develop and construct
emergency streambank and shoreline
protection projects to protect endangered
highways, highway bridge approaches,
public works facilities such as water and
sewer lines, churches, public and private
nonprofit schools and hospitals, and other
nonprofit public facilities. Federal costs are
limited to not more than $500,000 in one
locality during any fiscal year.
Project Scope
A project planned and funded under
Section 14 will provide construction, repair,
restoration, or modification of emergency
streambank or shoreline protection works.
Each project must constitute a complete
solution to the problem involved and not
commit the Federal Government to
additional improvements to ensure effective
operation.
How to Obtain Assistance Under
Section 14
written request for assistance must be
submitted to the District Engineer by a local
sponsor (see sample letter). Upon receipt
of a request, the District Engineer will take
the necessary steps to initiate a study.
Determining Federal Interest and
Project Feasibility
A project is adopted for construction under
Section 14 authority only after investigation
clearly shows the engineering feasibility,
environmental acceptability, and economic
justification for the project. A feasibility
study is conducted at 100 percent Federal
expense and consists of all work required
to determine whether there is Federal
interest in further participation in project
construction.
The feasibilty report will evaluate
alternatives, select one, and develop
project design data. The report will have
sufficient detail to assure the contemplated
project will meet functional requirements,
conform with sound principles of
engineering design, be economically
justified, and be environmentally
acceptable. The impact of the project on
the environment will be documented in an
Environmental Assessment (EA).
2
Preparation of the feasibility report and the
EA generally requires 1 to 4 months. The
decision to approve and construct a
project under Section 14 is based on
information contained in the feasibility
report. During the study period the District
will prepare, with the local sponsor, a draft
Local Cooperation Agreement (LCA) which
defines the obligations of the Federal
Government and the local sponsor in the
construction, maintenance, and cost
sharing of the project.
Upon approval of the feasibility report, EA
and draft LCA by the Seattle District's
higher authority Division office, the
documents are forwarded to Headquarters,
U.S. Army Corps of Engineers (HQUSACE)
for approval. HQUSACE verifies the
analyses, reviews the draft LCA, considers
all comments received concerning the
proposed project, and, if acceptable on all
counts, approves funding for the District to
develop plans and specifications for the
project.
When plans and specifications for the
project are sufficiently complete, the District
requests final project approval and
construction funding from HQUSACE. After
the Assistant Secretary of the Army for Civil
Works has agreed to include the project in
the Civil Works construction program, the
LCA is signed by the local sponsor and the
District Engineer. Construction funding can
then be provided.
3
Cost Sharing
Costs for emergency steambank and
shoreline protection projects are shared
between the Federal Government and a
non -Federal Government unit, the local
sponsor, in accordance with the Water
Resources Development Act of 1986
(Public Law 99-662). The local sponsor
(such as a city, county, or State) must be
empowered under State law to provide
local cooperation.
The local sponsor is required to:
a• contribute a minimum of 5 percent of
the total project cost in cash;
b. provide all lands, easements,
rights -of -way, and relocations;
c. provide any additional cash
contributions needed to make the local
sponsor's share of the project costs 25
percent; and
d. assume the full responsibility for all
project costs above the Federal
Government cost limit of $500,000.
Local Cooperation
Formal assurance of local cooperation
must be furnished to the Corps of
Engineers by the local sponsor. The local
sponsor must be fully authorized under
State laws to give such assurances and
financially capable of fulfilling all items of
local cooperation. Examples of items of
4
local cooperation which local sponsors
must furnish include:
a. hold and save the United States free
from claims for damages which may
result from construction and
subsequent maintenance of the project,
except damages due to fault or
negligence of the United States or its
contractors;
b. provide all access routes and
relocations of utilities necessary for
project construction and subsequent
operation and maintenance;
c. assure maintenance and repair of the
works during the useful life of the
project; and
d. comply with the provisions of the
"Uniform Relocation Assistance and
Real Property Acquisition Policies Act of
1970," Public Law 91-646,as amended;
Section 601 of Title VI of the Civil Rights
Act of 1964," Public Law 88-352;
Department of Defense Directive
5500.11 issued pursuant to and
published in Part 300 of Title 32, CodF
of Federal Regulations; as well as An
Regulation 600-7, "Nondiscrimination on
the Basis of Handicap in Programs and
Activities Assisted or Conducted by the
Department of the Army," in carrying
out the specified non -Federal
responsibilities of the project.
5
Sample Letter
District Engineer
U.S. Army Engineer District, Alaska
ATTN: Plan Formulation Section
Post Office Box 898
Anchorage, Alaska 99506-0898
Dear Sir:
This letter is to seek the assistance of the
U.S. Army Corps of Engineers under
Section 14 of the 1946 Flood Control Act,
as amended, in reducing the threat of
damages along (name of river, creek, or
body of water) in the vicinity of (city or
town, county, State).
(Briefly describe your perception of the
nature and severity of the problem.)
(Briefly describe the known issues which
would affect the acceptability of any
recommended solutions, from the
perspective of municipal and local
)vernments, and/or the public.)
Your consideration of the request would be
appreciated. Please contact (name,
address, telephone) for further
coordination.
Sincerely,
11
I Target
Duration
(Month)
Cost
Sharing
o
y C OU
a °� ,r C
CO
ti
�cQ)
1 to 4
2
1
Varies
Life of
Project
100%
100%
75% or Less
100%
Federal
Federal
Federal
Non-
25% or More
Federal
Non- Federal
7
///3/V�
US Army Corps
of Engineers
Alaska District
SECTION 103
COASTAL STORM DAMAGE
REDUCTION PROJECTS
WHAT CAN THE CORPS DO? Section 103 of the 1962 River and Harbor Act
establishes authority for the Corps to construct small beach and shore
protection projects. A project is adopted only after detailed investigation
and study clearly show its engineering feasibility and economic
justification.
To qualify for this program, the shoreline to be protected must be publicly
owned or used. Private land may qualify, however, if the project is
necessary to protect nearby public facilities. The object is to retain or
restore existing land, not to create new land. Each project must be complete
within itself. The storm damage must be the result of wind -driven waves
and/or ocean tidal action, not streamflow.
The total Federal expenditure for each Section 103 project is limited to
$2 million, which includes both planning and construction costs. Any
additional costs must be paid by the local sponsor. Costs of lands,
easements, and operation and maintenance of the project must be non -Federal.
The Corps studies potential projects in two phases: reconnaissance, at
Federal expense, and feasibility study, half of which the local sponsor must
pay. The reconnaissance determines whether more detailed study is likely to
develop a feasible project. In this phase, which usually takes about 8
months, the problem is defined. Potential solutions are identified and their
feasibility assessed. The study includes a preliminary analysis of the
Federal interest, costs, benefits, and environmental impacts of the proposed
project, and estimates the cost of preparing a Detailed Project Report.
Before the feasibility phase of study can begin, a signed cost -sharing.
agreement with the local sponsor is required. This study, which usually
takes 9 to 13 months, results in a Detailed Project Report.
WHAT ARE THE LOCAL RESPONSIBILITIES? Formal assurance of local cooperation
must be furnished by a State or local agency (for example, an incorporated
municipality) with the legal and financial authority under State law to act
as local sponsor. Typically, the sponsor must agree to the following:
1. Contribute in cash the local share of project planning and
construction cost. (The non -Federal share is 35 percent for storm damage
reduction projects to protect public facilities; protection of privately
owned property is 100 percent non -Federal, unless protecting the private
facilities is necessary for the structural integrity of the project.)
2. Provide without cost to the United States all necessary lands,
easements, rights -of -way, and relocations required for construction of the
project, including that required for periodic nourishment.
3. Hold and save the United States free from claims for damages which may
result from construction and subsequent maintenance of the project, except
damages due to the fault or negligence of the United States or its
contractors.
4. Assure continued conditions of public ownership and use of the shore
upon which the amount of Federal participation is based during the economic
life of the project.
5. Assure maintenance and repair, and local share of periodic beach
nourishment where applicable, during the useful life of the works as required
to serve the project's intended purpose.
6. Provide and maintain necessary access roads, parking areas, and other
public use facilities open and available to all on equal terms.
HOW CAN A STUDY BE REOUESTED? An investigation under Section 103 may be begun
after we receive a formal request from the prospective sponsoring agency. An
example of an acceptable resolution is given below. This request and any
further inquiries concerning a small storm damage reduction project should be
made directly to:
U.S. Army Engineer District, Alaska
ATTN: Civil Works Branch, CENPA-EN-CW
Post Office Box 898
Anchorage, Alaska 99506-0898
SAMPLE RESOLUTION
Be it resolved that the (City Council, etc.) requests the U.S. Army Corps
of Engineers to conduct studies to determine the feasibility of developing a
small storm damage reduction project at (location) under the authority
provided by Section 103 of the River and Harbor Act, as amended.
It is understood that, if it is found feasible and advisable to develop a
small storm damage reduction project at (location), the (City Council, etc.)
would be required before construction commences to enter into a contractual
agreement that it will provide such local cooperation as may be prescribed by
the Secretary of the Army.
The (Clerk, Secretary, etc.) of the (City Council, etc.) shall be, and is
hereby, directed to transmit three copies of this resolution to the District
Engineer, Alaska District, U.S. Army Corps of Engineers.
Signed (Mayor, etc.)
Kenai Chamber of Commerce
402 Overland
Kenai, Alaska 99611
(907) 283-7989
(907) 283-7183 (Fax)
November 30, 1994
Tom Manninen, City Manager
City of Kenai
210 Fidalgo, Ste. 200
Kenai, Alaska 99611
Dear Tom:
CITY ADMEN. OF ;<E;-.
On behalf of the Kenai Chamber of Commerce Board of Directors and staff, we would like to take
this opportunity to thank your crew for all the time dedicated to our Christmas Comes to Kenai
celebration.
Keith and his staff worked hard to meet our many needs and the support is greatly appreciated.
Again, thank you for your generous support!
Best regards,
La a Measles
Executive Director