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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: D:\WP51\MINUTES\AGENDA\MAYOR.RPT COUNCIL MEETING OF / M 8 v SMALLEY WILLIAMS BOOKEY SWARNER MONFOR MEASLES BANNOCK -a I M S V ... SMALLEY WILLIAMS BOOKEY SWARNER MONFOR MEASLES BANNOCK F S v SMALLEY WILLIAMS BOOKEY SWARNER MONFOR MEASLES BANNOCK M S v SMALLEY WILLIAMS BOOKEY SWARNER MONFOR MEASLES BANNOCK �✓ /e�;, / �r / 8 v SMALLEY WILLIAMS BOOKEY SWARNER MONFOR MEASLES BANNOCK 12 M S v SMALLEY WILLIAMS N BOOKEY SWARNER MONFOR MEASLES BANNOCK COUNCIL MEETING OF Aley-t,� w,.--6ee L�,- 4 n M I MA immm Immm &-5 &-5 :I=== mmlym imm IPA lomm �fl FM . . . . . . . -0 mw� Immm M S V 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 WE 1540 24 82 T T 62 T121 61:: T101 T81 T6N 60°3d T4N T2N TIN TIS 60.00' T3S T5S nS 59"30' 15' 22 1530 18 16 12 R 6150° 2w 149° 62°30° T26N onIN =110111MEMENIm■mmml■m■m� 1�1l�a�rm imomoiim�mmC:�mmm,'i7mm�:Immr:• Immoorm/�m�m�ms]mm�lr�mrmr■ �mmmmmmmm■■■■■■■■■N, Err), minim immi■m■min■■■■■■mmmm\r�r■re �mmommmmmmmmmmmmmmmrimc!m���i� rmmo■o■■■■■M momm■i�►lm■r� r�r ■■■■■min■mmm`��mmmmmwmmm�;%min oomm�M Mmmm mmm■mm■mmMIS111 ��r��irrm mm■mm mmommommom m mm/�fiir■fit■ ommom MEN �mmmm■ .� �mmmNo m■■min ■ �■m■■■ �MEMO �mmm ■ �mOEM m■mspagum r�r�.�mm�r.�. mri�r� �mmmmC�imm m►l� mm.l mrmmimmMW3LT�t WA mmE�.� r�mmmwmmmmmm���e fir c�-r1•• -- 4 DO' N IN *30' SN 4N 2N °00' ON BN 6N 0*30' f4N r2N r1N T1S WOO' T3S 59*30' Y 15T` 14YY 1zW 151° 6W 6Vv 1500 c•, 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 iZ'- G^, r.� . •'i Y , - Telephone No. yg�- 6-7 r, EMPLOYER: �o�gyyiElrcgL �, rc 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? r i S1idnature 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. om o� a w� O Z p« i o 0 0 0 ! � o E 2 ep x _m F a R z H u z y = W z .c x yE _ O C > > O > 0 0 = Z G x 0 F R aC - a a a x F J 6 z r �-+ V G A p W •--� w V y O � o x x O vVi � W � Op oxp x Z m m m V 9z[L O m m x 'Z O y 6 V 6 z A R 2 p y y U w O 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 82 S 1 W W H oLn Oa W o g oc C, N d) i Y Um.O` � W 2 E: t<00 L1J > W W UCLCL 2 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 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- 3 u yo .. v� y O O L 1'r 1.. !f O 'O C F rn UUL.~ E PE C C ." 000 en o V I N "" O� V P o w N N N N N N N N n n N N N N N �U U«va L� E U W UOCc r,-, UUUU Uxa 0 _ �G~11 C O •v •�r. 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'Q a:Yr: �', c o ac'm o'er o o a m a c fl o 3 0= r-' c m� z cr CD CPI a m o °o' m : m �_ m e • » sc � 3 �'� .:°r -p:. aoo -Co. a>�...m .. c.m::'o.. +sic::�:.00 o CM:n a v o' t!1 • ,*.:t'f.:. 2: ,-. CL rn z : 0 O - a a ' �. m �- 3. * :.M..;�, a .. N 3.. C m • s' ? � :O l: m o z ..:Cl mom::' N>� 3 r �:w n, m:n "m; 3.�" ae: r..n m.m.:� 3. �„ 3 o.�.r. -. . 3 a .. r''3 a -� • o::� ':.:«,ter.:.. N ,..... o:. m� r.o �e,v'pm.>r. �'.@�?o. cna • n3 C.�,� N' m m: m o �. my n.Cy. -. m m . :3 0 .. • ec�': :' :' c a m • :: c : as m :• 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 �2223 24�5 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