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1994-11-23 Council Packet
Kenai City Council Meeting Packet November 23, 1994 AGENDA KENAI CITY COUNCIL - REGULAR MEETING NOVEMBER 23, 1994 7:00 P.M. RENAI CITY COUNCIL CHAMBERS A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non -controversial by the Council and will be approved by one motion. There will be no separate discussion of these items unless a Council Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. B. SCHEDULED PUBLIC COMMENT (10 Minutes) 1. 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. CORRESPONDENCE 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 BUSINESS 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 K. 1. Citizens (five minutes) 2. Council -3- MAYOR'S REPORT NOVEMBER 23, 1994 COUNCIL MEETING CHANGE REQUESTED CHANGES TO THE AGENDA BY: ADD TO: C-2, Resolution No. 94-71 - Capital Improvement Grant list (add to the resolution). CLERK C-2, Resolution No. 94-71 - 11/23/94 KK memorandum regarding discussions with ADEC (using left over ADEC grants for other city projects). KORNELIS ADD TO: C-6, Resolution No. 94-75 - 11/16/94 Glenn J. Kipp letter regarding City's snowplowing considerations. CLERK ADD TO: H-6, 11/23/94 T. Manninen memorandum - Recommendation regarding draft ordinance (authority of Finance Director to control disbursements and expenditures). MANNINEN ADD TO: Information Item No. 3 - 11/17/94 DNR letter regarding Cone Property Boardwalk. KORNELIS ADDITION REQUESTED CHANGES TO THE CONSENT AGENDA BY: MAYOR'S REPORT DISCUSSION 1. Donation of $1,000 to EDD for feasibility study of ice rinks as an economic factor to the Peninsula. 2. Ratification of Goals & Objectives Lists (short term and long term). 3. Directives from 11/22/94 CIP List work session: a. Purchase of Finance Department computer system (order at Administration's discretion) b. Administration compile backup information regarding CIP list for distribution to Legislature, State offices, etc. C. Distribute two (2) city videos to the library for check-out and inter -library loan program. Hold 30 videos for city's use. One (1) to the Visitors Center; one (1) to EDD; one (1) to Tourism & Marketing Council; one (1) to the Kenai Chamber of Commerce. Remaining 14 may be sold for $25.00 per copy. 4. NLC attendance. D:\WP51\MINUTES\AGENDA\MAYOR.RPT S r r W 47 e as o o °0 w ado L-1 you ~ Cif 9d lx�d �e tad f) a x o o H °° w o rp I HO � N r Lid 0 yo 4 � K y8a m I 4 1084 r RI a x m o w w o H tad yy tx�d W a too o 1 o W r H r 0 `4 K ypi Z.RRI�I�I�I�I<II Yzlz x a O 0 O H W 4O ri O r log tit H t�til m m cLLI W Ede tit O O H 0 0 r d H Q W K 90 W a O 0 O H O r I r O trait H r m m a O O O H r O � H 0 m td r K x c s s m ?� c tii O :4 O N r 0 H w a SO Ow WORK SESSION NOTICE The Kenai City Council will convene in a work session on Tuesday, November 22, 1994. The work session will be held in the Kenai ommunit Li ra rence Roo beginning at 7:00 p.m. The ose of the work session is to discuss the following: Capital Improvement Projects The public is invited to attend and participate. Carol L. Freas City Clerk DATED: November 8, 1994 Publish: November 21, 1994 1-2 MEMORANDUM TO: Tom Manninen, City Manager FROM: Keith Kornelis, Public Works Director Kx DATE: November 18, 1994 SUBJECT: 1995/96 Capital Improvement Projects Request for State Grants FOR: Council Work Session 11/22/94 Public Works has the following recommendations for the 1995/96 CIP Request for State Grants: Animal Control Shelter ........................... $ 600,000 Water System Improvements ........................ 3,000,000 Community Road Improvements ..................... 2,400,000 Sewer System Improvements ................... 5,000,000 Total........................................$11,000,000 KK/kw C/ Suggested by: Parks & Recreation Director City of Kenai ORDINANCE NO. 1614-94 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $4,000 IN THE GENERAL FUND FROM THE RESERVE FOR ATHLETIC EXPENDITURES. WHEREAS, in 1980, the City Council adopted Resolution No. 80-178 that accepted land from Harold A. and Rita Daubenspeck; and WHEREAS, that resolution provided that revenues derived from the oil, gas, and mineral rights of the land "be dedicated to athletic programs sponsored by the City of Kenai", at the discretion of the City Council; and WHEREAS, at June 30, 1994, the balance in the reserve for athletic expenditures was $57,415; and WHEREAS, the Parks and Recreation Director has requested that Council appropriate athletic reserve money for equipment and games for the Teen Center, and WHEREAS, the Council has determined that such expenditures meet the intent of Resolution No. 80-178. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations by increased as follows: General Fund Increase Estimated Revenues: Reserve for Athletic Expenditures 4 000 Increase Appropriations: Recreation - Small Tools & Minor Equipment $ 800 Recreation - Machinery & Equipment 3,200 4,000 Ordinance No. 1614-94 Page Two PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 23rd day of November, 1994. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: November 2, 1994 Adopted: November 23, 1994 Effective: November 23, 1994 Approved by Finance: p . Q (10/26/94) sj CITY OF KENAI G'd;ew;l 4 4iad."„ 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 ,J� 44fu� 44Z TO: Kavo McGillivray, Director Kellai Parks & Rec., Parrs & Recreation Commission Members FROM: Robert J. Frates, Teen Center Directo?# DATE: October 5, 1994 RE: _4ppropriating �,rloncy fDr Teen Center Equipment .Is fall c-.pletes its final e:)u, mfisc and the winter kinds began to blow. cur feathered friends will not be the only ones seekins a sale. warm retLige. *'es, is c--rtaiiily difficult to imn ,pine that winter is just around the corner. For us, it means that we Lvill he serving ail in -creasing number ()I youth that are relentlessly searching for something constructive to do. We too miist prepare loiuselves "or the long months (years) ahead. =ks Kayo and I discussed, there may b,� an opportunity for us to_� utilize some of the Daubenl- money to ntm:h! se <()me 71L'w Yntt,Tim et , r;'?' t �`' + • r'?n rater. ,"vlo5t oI the icerls :"peIlll LOUIILU_'-�J 110UI's nootlllg POOL, 'did tiluo iar. 'ye have m.anaL7ed to capture the attention of many. HoweE,:,r. it i s the desire of inaI y others to lIlvest tih%Ir t;Ine participating nil other .ial cs. Fur lh1S reason. we iTeen Center Council klembers-, arid myself) (lave concentrated on tour (4) items that appear to be real popular aurora^ our patrons. It is our hope that members or the Park and Recreation Committee :Ind tree Citv Council will assist us with meeting the reeds and desires of he youth ui our community by approving the aecessary tun(.ls _:_,r t:le .'tlrchaz , 3: the hollowing items: ITEM,¢ APPROX._COST t.) Jet Hockey Game %/ o o S990.00 + Ilippin.g �o o� �.) baser Karaoke 1.000.00 i.) Compact Disc r laver - 00.00 4., Color 7V 600.00 Suggested by: Cc.,.,,,..L.L 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 JOHN J. WILLIAMS, MAYOR Thy �-i0r.r� hf �'rr�sc%fad at 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 $12, 845, 000 i ��6 PPo MEMORANDUM TO: Mayor Williams and City Council THROUGH: Tom Manninen, City Manage FROM: Keith Komelis, Public Works VDic4tor DATE: November 23, 1994 SUBJECT: Water & Sewer Grants FOR: Council meeting of 11/23/94 I called ADEC about using the left over ADEC grants listed below for other city projects. Thompson Park Sewer Interceptor ......................... $200,000 Thompson Park Water & Sewer Lines ....................... 390,000 ADEC will allow the city to use the Sewer Interceptor funds for sewer or STP projects only. They will allow the Water and Sewer funds to be used for either water or sewer projects. They said the projects below would be grant eligible and suggested submitting grant applications in December or January. $390,000 from Thompson Park Water & Sewer 1. Existing Well House and Underground Storage Controls ......... $192,000 2. Tanaga Drive Water Loop ................................. 90,880 3. Illiamna Road Water Loop .............................. 109,440 Total needed ............................................. $392,000 Estimate left over from grant ........ 390,000 Short $200,000 from Thompson Park Sewer Interceptor 1. Wastewater Treatment Plant Feasibility and Upgrade Study 2. Infiltration and Inflow Study and Repairs 3. Preliminary design for Wastewater Treatment Plant Expansion 1 We have a good idea on the total cost for the Interceptor Project. Unfortunately there are some claims not settled on the Thompson Park Water and Sewer Project. Enstar is trying to charge the city $47,786.54 over their estimate and our purchase order (76,750). The Contractor, Foster Construction, is trying to charge us $16,295 for working around the abandoned gas main. We have asked for more information on these claims. The following Legislative Grants would have to be reappropriated. KK/kw Thompson Park Sewer Interceptor .......................... $ 25,000 Thompson Park Water & Sewer Lines ....................... 270,000 Total .............................................. $295,000 2 CITY OF KENO - 3 .. Gd 4 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 Vftd il IIII�1 1": MEMORANDUM TO: Kenai City Council THROUGH: Kim Howard, Acting City Manager FROM: Charles A. Brown, Finance Director DATE: November 14, 1994 -Cw SUBJECT: PERS Amendment Please read the attached resolution, PERS audit, and PERS Participation Agreement. They explain the situation fairly well. This issue has been addressed before. The PERS auditor has for several years suggested that we might have seasonal employees. These would be employees who, by advance agreement, work for several consecutive years during the summer months. I have consistently informed PERS that we have no, and have never had, seasonal employees. Employees who return for a second or third summer, say in the Parks Department, are terminated, considered for re-employment, and rehired based on the relative qualifications of the applicants. No assurances are given that they may be rehired. However, it appears that the simplest and clearest way to resolve any possible dispute is to amend the PERS Participation Agreement to specifically exclude "seasonal" workers. Then, the City's non-existent seasonal workers clearly will not be covered under PERS. Suggested by: Finance City of Kenai RESOLUTION NO. 94-72 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AUTHORIZING AN AMENDMENT TO ITS PUBLIC EMPLOYEE'S RETIREMENT SYSTEM PARTICIPATION AGREEMENT. WHEREAS, the City of Kenai has received an audit report from the State of Alaska, Division of Retirement and Benefits; and WHEREAS, the audit report includes the following comment: The City of Kenai is starting to employ 'seasonal' hires in both it's Parks & Recreation and Police departments. Alaska Statute AS 39.35.680(37) defines a 'seasonal' as, "refers to an employee who is occupying a position for less than 12 months each year where it is anticipated that the same employee will return to the position when needed." WHEREAS, the audit report recommends that the City consider amending its PERS Participation Agreement to specifically exclude seasonal employees; and WHEREAS, the City denies that it has ever employed a seasonal employee as defined above, but does agree that amendment of its PERS Participation Agreement will leave no doubt as to exclusion of certain employees who may work for the City for more than one summer. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the Finance Director is authorized to amend the City's Public Employee's Retirement System Participation Agreement on Page 2, subparagraph 2 to exclude seasonal employees. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 23rd day of November, 1994. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: (11/14/94) kl State of 'Alaska Division of Retirement and Benefits P.O. Box 110203 Juneau, AK 998111-0203 Telephone: (907) 465-4460 CITY OF KENAI Audit Control Number: Audit Report AUDIT REPORT DIVISION OF RETIREMENT AND BENEFITS The auditor is responsible for providing the division, employer's and the retirement systems external auditors with compliance audits of employers participating in the State of Alaska's retirement systems. The retirement systems contain almost $ 6 billion in assets, assigned to future benefits. The auditor assures that membership in the system is appropriate and reporting to the employer is accurate. As a guide to all work, the Division of Retirement and Benefits Audit position complies with generally accepted auditing standards established by the American Institute of Certified Public Accountants, with government auditing standards established by the US. General Accounting Office and the State of Alaska statutes and regulations governing the retirement systems. Audits are performed at the direction of the Director of the Division of Retirement and benefits and the Commissioner of Administration. Individual members and employers can submit requests for audits of specific programs and problems. RETIREMENT AND BENEFITS MANAGEMENT Robert Stalnaker, Director Anselm Staack, Accounting Manager Bill Church, Retirement Supervisor Katherine Gouyton, Division Internal Auditor DEPARTMENT OF ADMINISTRATION DIVISION OF RETIREMENT AND BENEFITS Mr. Charles Brown Finance Director City of Kenai 210 Fidalgo Street, Suite 200 Kenai, AK. 99611-7794 WALTER J. HICKEL, GOVERNOR PLEASE REPLYTO: O P.O. BOX 110203 JUNEAU, AK 99811-0203 PHONE. (907) 465-4460 FAX: (907) 465-3086 O 701 EAST TUDOR RD, SUITE 240 ANCHORAGE, AK 99503-7445 PHONE: (907) 563-5885 FAX: (907) 561-6048 Employer of the State of Alaska Retirement Systems Public Employees' Retirement Systems (PERS) Teachers' Retirement Systems (TRS) Judicial Retirement System (JRS) Elected Public Officials Retirement System (EPORS) National Guard and Naval Militia Retirement System (NGNMRS) Supplement Benefits System (SBS) State of Alaska Social Security Administration The attached report is submitted for your review tinder the authorization allocated the division by AS 39.35.070, and 02 AAC 36.840. COMPLIANCE AUDIT CITY OF KENAI PUBLIC EMPLOYEES' RETIREMENT SYSTEM October 26, 1994 Audit Control Number P-15 The audit was conducted in accordance with generally accepted governmental performance/compliance auditing standards. Audit scope and methodology are discussed in the rele;ath�erine ant sectio of is report. Gouyton Division Auditor 02-84LH Nob: Please Inck4o Your Social Security Number In All Corresporldenoe and Requests Conoeming Your Benefits. - I TABLE OF CONTENTS I 1 REPORT TO MANAGEMENT 1 REPORT OBJECTIVES, SCOPE AND METHODOLOGY ........... I GENERAL EMPLOYER INFORMATION..................................2 AUDITORS CONCLUSIONS...................................................3 CLOSING COMMENTS..........................................................4 EMPLOYER RESPONSE DOCUMENT: Cityof Kenai..................................................................5 I REPORT OBJECTIVES, SCOPE AND METHODOLOGY In accordance with AS 39.35.070 of the Alaska Statutes and 02 AAC 36.840 this report is prepared to evaluate the City of Kenai's compliance with submitting accurate information to the Public Employee's Retirement System (PERS). lectives The report primarily focused on three general objectives: 1. To review policies and procedures used in including or excluding employees in the retirement systems. 2. To identify problems in compliance with the retirement systems statutes and regulations. 3. To identify solutions for any problems. The scope focused on procedures used in processing the records and reports submitted to the retirement systems. The following procedures were used to evaluate compliance. 1. Establishing employees included and excluded from the submitted material. 2. Confirming eligibility of included employees. 3. Confirming ineligibility of excluded employees. 4. Confirming the accuracy of material submitted. The audit included review of the payroll and personnel process of the City of Kenai. Selected employee payroll processing, personnel files, and/or position descriptions were reviewed. Compliance with statutes, regulations and the employers contract were evaluated. CITY OF KENAI GENERAL EMPLOYER INFORMATION Date of entry to the PERS: JULY 1, 1969 Total number of employees included in the PERS reporting: 101 Types of employee's included: full-time and part-time Total number of employee's excluded from the PERS reporting: 32 Types of employee's excluded from the PERS: temporaries, non -permanents, and contractual hires. Contract Comments: All full-time, part-time, and seasonal employees will be included in the PERS. Additional contract amendments: None. AUDITORS CONCLUSION CITY OF KENAI - - I must apologize for the delay in completing this audit. The examination consisted of a review of the City of Kenai's payroll transactions for the month of December 1993 through August 1994, with additional material reviewed to assure reporting eligibility of part-time employees. Supporting documents were reviewed to assure wages reported were paid, and personnel information was accurate. Given below are problems identified and solutions proposed: Problem 1: PERS Reporting Reconciled The City of Kenai's payroll transactions for the period indicated above, reconciled to the PERS turnaround reports and the monthly report of contributions with some exceptions. These were found to be mostly temporaries, and employees working insufficient hours to make them eligible for inclusion in the PERS. Wages reported were supported by wages paid. 7--The City of Kenai is starting to employ 'seasonal' hires in both it's Parks & Recreation and Police departments. Alaska Statute AS 39.35.680(37) defines a 'seasonal' as, " refers to an employee who is occupying a position for less than 12 months each year where it is anticipated that the same employee will return to the position when needed." Resolution: The city needs to either include seasonal employees in the PERS or consider amending their Participation Agreement to specifically exclude seasonal employees. Should you choose to amend your Participation Agreement, I would refer you to your Retirement Representative, Ms, Anna Schubert at (907) 563-5885 for information on how to proceed. Problem 2. Senior Citizen Grant Employees The City of Kenai is utilizing several employees who are employed through Older Alaskan Commission Senior Citizen, Training Grants. The assumption is this will provide temporary employment for job training senior citizens. The city has an obligation to place all full-time and part- time employees in the PERS. However, temporary employees are excluded. Although these employees are considered in training and therefore 'temporary', there is a point where it has to be determined the training is complete and the employee is considered to be a qualified employee with normal employee rights and benefits, including the PERS. Resolution: The following employees need to be reviewed to determine if their training is complete and they are working sufficient hours to be eligible for inclusion in the PERS. The Senior Citizen Grant program does not preclude an employees membership in a 'qualified plan' and PERS is such a plan. Dorothy Bolstridge 007-20-4915 Doris Day 520-22-0332 Thomas English 199-18-5748 T4efe eK,y/terteJ A9✓e 6�cti ,e yv r. Pr--xJ 6ccq,,,Q ti, ey '✓or/� I�rl fti O,i /P tr Av' «k � y�� h tcli�Sr� /7 6tcoy�e fA % 7-4 � sp I CLOSING COMMENTS I want to thank you for the assistance I was given in performing this audit. It was a pleasure having the opportunity to meet with you again, and as always I appreciate the care you have taken to submit materials to the system in a timely manner. Comment 1: Elected Officials A review indicated that your elected officials are currently compensated and are eligible for participation in the PERS. At this time they either are participating in the PERS or have 'Waivers of Participation' on file with this office. Comment 2: Police & Fire Training Required The 'police and fire' portion of the PERS is a special system within a system for employees who are on the front lines in the police and fire professions. A review of your current position descriptions indicated that some of the employees enrolled in this section of PERS may not be eligible for inclusion in these systems. I need updated position description for the following employees. Roy Browning EMT & Degree Dennis Lovett Engineer/Paramed Michael Tilly Engineer/Paramed Eric Wilcox Paramed Walte Williamson Paramed & Degree As we discussed firefighters must be authorized and trained to act under AS 18.70. Comment 3: Suspense File Maintenance The City of Kenai currently has a suspense file balance of only a few pennies. I appreciate the effort you have made to keep your reporting accurate. If you have any questions, or require additional assistance my personnel phone line is 465-5707. I am enclosing a copy of your Participation Agreement as requested. I EMPLOYER AUDIT RESPONSE DOCUMENT EMPLOYER NAME: City of Kenai EMPLOYER NUMBER: PERS # 15, Response Problem # 1. Response Problem # 2. NOTE: Response requested within 30-days of receipt, for additional information or questions contact the Division Auditor at 465-4460. POUCH ' C U=11U, ALAS:11% PUBLIC McLOYLES I R=Rmlnrz SYSTEM PARTICIPATION ACRE VT Agreement between the State of Alaska (hereafter referred to as the State) and the (hereafter referred to as the political subdivision) relating to participation by the political subdivision in the Public Employees' Retirement System of Alaska (hereafter referred to as the Retirement System) ; witnesseth: That REAS, the lairs of the State provide for a Retirement System is AS 39.35 and further provide for participation by political subdivisions in AS 39.35.550 r 650, and WHEPMI S, the political subdivis-ica which provides coverage for its employees under Title YI of tho Federal Social Security Act, has adopted a resola ticn nuthflrt zing participation in the rzet-ir=ant Syst=, end has requested and rLei ed apprcvsl to ."= t.1... �."!� .�w3S,� ,-.f Adn:L.rit2+rt-A.Gn, 4. xc!I, , eza-Mrcre, in consideration of the mutual agreernnts, covenaats and pr-,visicas herein containsd, the parties make tho fail-mr?ng agree=n:s: The political subdivision agpe:_s 'cr -its PC— as fvilC-,as: a i r je in cha natir-* at SyStem Ms o�; r(g4F. ;vith the: pant of employer contr buticns =d wi.tbholding of eM?oyee contributions to cos ace with wages earned in the first full pay period beginning (7) The political subdivision agrees that all ell<;ible aWloyees except employees in the following designated cacagfries will participate in the Retirement System: (3) The political subdivision agrees to make contributions each year which are sufficient to meet the normal cost attributable to inclusion of its employees including actuarial and administrative costs and to a ms iae the past service cost for its employees over a period of 40 years. The contributions shall be cosamted according to the relevant provisions of the statutes and the actuaries. The political subdivision agrees to -ransait the employer's and the employees conta3.butions to the Oami.ssionar of Armaistraticn by the loth of the nth following the close of each payroll period. (4) The political subdivision agrees to 4uraish tha director with records comarning the periods of service, dates of birth, ccmpensation, now entr=ts into sorvica, withdraaials -mad other employees data necassa:y for the proper end effective open :lion of the systm on the form presented by the Di.reLtcr of the Retirement System. I r (3) All correspondence end notices to the political subdivision shall be dire+.tad ta: Mrs. Frances Torkilsen City Clerk City of Kenai P. 0. Bait 580 Kenai, Alaska 99611 All correspondence and notices to the State shall be directed to: - Director, Public Employees' Retirwwnt System Department of Administration Pouch C, Alaska Office Euildinp, Juneau, Alaska 99801 ames W Harrison, City Manager Signature fiances Torki ]se 6 Clerk Approved: COMMi3sioner of Acaiuist ation� Date � � G Date 5 of thin;:::.;t:1t tE�;}lip:{cad �b:��i�i:1= f�ness or iizw tf :�lby uot*'CO of a t:Irrmination.. ;xi .1 t'3 a C.oii::i�a1 �ubr�-7:..Sion at least 90 days prior to the termination date unless ,,errdnation 1 jay a stat=Ory provisiM. The parties Qutlu1ly agree au f011..19 (1) Any referimet is this agreemat to .&y statut,ry p'rivisiona or to an-' re:gu"lations shall imiude any agenda,--ntr £ additions;, or deletions, both express and t=plf.t,.J, Aich O&y {a* effected. (2) This ,a.greamat shall cantimue in -Iffact until at 1sast nne of the fZ11"rAng *W�"Mta mcury (2) "he Political aabdivisiou �xtilataraYY� term""s t:'R a9re is b'Y rivi,t4 vrictan notice 10 :2yu .prior to the date la vhf.ch It wish** to termia�ata ?b) * *=its tmrus mj y rhee 5tarck umilitara-LIY tarmd.vates tha 'i'Z�="�;�:�''.S'��; �fi't:ai?I�fi•.L" '�'�t "1�.a9�eY�a$ �i'- �Y �itt3'0'iS�.�d� •' S :J�i'�'r"'�i' �� 6i� �;i?�:3�ls�a •i51 _i#'tre.�" ^ Airst �.to" :¢,w N , t CITY OF 1;_I'l-AI, / SOLUTI ?"0. 1 ALASKA 69-16 11 LN A P.ESOLUTIO;v AUTHORIZI?IC TI{E PARTICIPATIO?: .OF THE CITY A?ID ITS E;•:PLOYEIES AND OFFICALS IN THE PUBLIC rXPLOYEES' RETIREME`T SYSTEM OF ALASKA , A::D THE PAY11ENT OF THE REQUIRED PRE.1IUi1S, PU%SL'AI;T TO AS 39.35 et seq. WHEizrAS, the City of K,enai, Alaska dishes to increase the fringe benefits of its employees by adoption of a retirement system; and WHEREAS, the City,of Kenai in order to better professionalize its City services; ?1014 THEREFORE BE IT RESOLVED BY THE COU?:CIL OF THE CITY OF KENAI, AI1;3KA: that 1. Pursuant to AS 39.35.35.550 et seq. the City of Kenai hereby requests to enroll the City of Kenai as participating employer in the state retirement system , under the provisions of the Public Employees' Retirement System of Alaska Act. The employees of the City are provided coverage under Title JI of the Federal Social. Security Act. The City further requests that participation in the state retirement system be oracle effective on 1 July, 1969. 2. The City Manager is hereby directed to designate the departments, groups.or other classifications of employees or officers to partici- patb in the system. The City of Kenai hereby agrees to make contri- butions each year which are sufficient to meet the normal cost attri- butable to inclusion of its employees and to amortize the past ser- vice cn,;t for It,a e+ r1n7PAq over a 1,eriod nvt exceeding forty yeers. The City'? -tanager is authorized and directed to do all things necessary for city participation in the state retirement program. PASSED AND APPROVED THIS 2nd. day of July 1969. f CITY OF KENAI ALASKA By Billy McCann, 'Vice Mayor Attest: 1•lickie Norene Deputy City Clerk C-� Suggested by: City Cou..--- City of Kenai RESOLUTION NO. 94-73 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA TRANSFERRING $24,000 IN THE GENERAL FUND FOR LOBBYIST SERVICES. WHEREAS, the City desires to contract with a lobbyist for the next State legislative session; and WHEREAS, the FY95 budget did not include money for lobbyist services. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following budget transfers be made: General Fund From: Legislative - Transportation <12,000> Legislative - Miscellaneous <12,000> To: Legislative - Professional Services $ 24,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 23rd day of November, 1994. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: (11/14/94) kl NOV-14-94 MON 3:49 PM E R H A FAX NO. 907 663+673^ P. 2 ALASKANS FOR A H F C STATEMENT OF PURPOSE The Alaska Housing Finance Corporation is a tremendous resource for the state of Alaska. With foresight and prudent management, it is uniquely qualified to provide two crucial services to the state of Alaska for the rest of this decade and into the next century. These are: 1.) Meet the critical housing needs of Alaskans 2.) Provide a significant annual dividend to the state's general fund. AHFC has a basic mission to provide decent, safe, affordable, energy efficient housing for all Alaskans. AHFC is a publicly owned corporation. It is currently earning a profit and transferring a 31gnlflcant portion of Its annual profits to the state general fund. Both of these services are of major importance to Alaska in the second half of the 1990's and beyond. Housing Needs Alaskans have critical housing needs to be met. Decent, safe, energy efficient and affordable housing is still not available to many Alaskans. Some areas of the state have critical housing shortages and much of the housing that Is available is substandard and unsafe. Additionally, Alaska's geography and remoteness create more challenges to provide a stable housing market. Other financing for housing in rural areas is not readily available. In urban areas, AHFC provides an essential underpinning to the conventional financing market for housing. in 1992, The state legislature merged AHFC, the Alaska State Housing Authority and the Dept. of Community & Regional Affairs Rural Loan & Energy Programs. The legislature made AHFC the comprehensive housing agency for the state of Alaska. In addition to its traditional role as a mortgage financing agency it is now responsible for providing: • Rental housing to 1600 low income households • Rental assistance for low income families • Assistance for organizations which serve mentally and physically disabled, homeless, and elderly Alaskans • Rural home loans in areas where conventional mortgage financiers have not provided mortgages because most rural housing does not meet their guidelines. • Financing for senior housing projects and other special needs housing • Weatherization of homes for low income families • Rehabilitation of unsafe and substandard housing in rural areas • Administration of federal pass -through housing grants • Financing programs for home owners to upgrade their homes • Sponsorship of the Alaska Craftsman Home Program which provides mandatory C''5 Suggested by: Mayor Willia CITY OF KENAI RESOLUTION NO. 94-74 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, SUPPORTING ALASKA HOUSING FINANCE CORPORATION. WHEREAS, Alaska Housing Finance Corporation has a basic mission to provide decent, safe, affordable, energy efficient housing for all Alaskans because it is currently a profit making entity, it can also make available a significant portion of its annual profits to the State General Fund. Both of these services are of major importance to Alaska in the second half of the 19901s; and, WHEREAS, in order for Alaska Housing Finance Corporation to continue to serve the housing needs of Alaskans and continue to make significant annual budget dividend contributions, and to fund other basic services, it is necessary for Alaska Housing Finance Authority to be solvent and retain its bond rating. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, that the Kenai City Council supports Alaskans for Alaska Housing Finance Corporation in their endeavor to maintain the current structure of Alaska Housing Finance Corporation and its efforts to stop irresponsible legislative raids on Alaska Housing Finance Corporation assets (position paper attached). PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 23rd day of November, 1994. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk 11/14/94 kh CITY OF KENAI ►► Od eCn" 4 4124IZa►► 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 bylvyl AFAMNimcki IIII'� i"2 November 10, 1994 Barbara Collins, Alaskans for Alaska Housing Finance Corporation Via Fax 563-6780 Re: Alaska Municipal League Resolution The City of Kenai supports the introduction of your resolution supporting the Alaska Housing Finance Corporation. We cannot give you an official resolution without introduction, public hearing and due process before the City Council. However, as a member of the Board of Directors of the Alaska Municipal League, I will support the resolution on behalf of the City of Kenai and offer this letter as the City Council's intention to support this Resolution. A resolution will be presented to the Kenai City Council for their November 23, 1994 meeting. Sincerely, An- J. illiams, Mayor ity of/ Kenai UV-14-94 MON 3:49 PM F R .1 A FAX NO, 907 F63+6780 P. 3 -4 continuing education for residential contractors • Sponsorship of Energy Rated Homes of Alaska, a national award winning residential efficiency program • The supplemental housing development program for Regional Housing Authorities, which funds water & sewer facilities and other needed improvements Most of the funding for these.programs before the consolidation of housing programs j in 1992 was provided annually in the state operating and capital budgets. Since the legislature gave AHFC the responsibility for these new programs in 1992, it has saved the state operating and capital budgets over $20 million annually (S27.6 million in FY 95). AHFC Income To The General Fund AHFC has for several years put excess profits into the general fund to assist with the funding of important state services faced with drastic cuts. The AHFC State Dividend Plan was established for this purpose. AHFC has supplemented the general fund with $93 million through Its annual dividend since fiscal year 1991. Additionally, AHFC deposited $249.8 million in the general fund in 1993 in exchange for a portfolio of rural loans. For fiscal year 1996 another $200 million transfer is to be made. When added to the legislatively mandated subsidies, operating expenses since 1981, and losses sustained during the 1985 - 90 depression, AHFC has In fact used as directed by the legislature or returned to the general fund all of the money appropriated to it. However, as long as AHFC continues to operate as a profit making entity an income stream to the general fund can be continued. The Future The fact that AHFC has any resources left after the general fund appropriations and losses of the late 80's is a credit to the fiscal management of the corporation. If there is any hope that AHFC will survive into the next century to fulfill its housing mission and return a reasonable dividend out of its earnings the excessive transfers of AHFC assets into the general fund must stop. If they don't, the only way for AHFC to fulfill its mission in the future will be to request state appropriations. Alaskans for AHFC are committed to working to see that. AHFC fulfills this two fold purpose: serving the crucial housing needs of Alaska and making a reasonable annual i contribution to the general fund. Alaska needs AHFC to continue to serve the housing needs of Alaskans. As Alaska's comprehensive housing agency, It provides a vital social and economic benefit to this state. It also contributes a significant annual budget dividend to fund other basic services. Like the Permanent Fund, Alaskans should be able to rely on the resources of AHFC to cope with the needs of today and of the next century. NOV-10-94 THU 4:25 PM E R H A FAX NO, 907 568+6780 P. fax memo DATE: November 10, 1994 TO: John Williams RX FAX: 283-3014 FROM: Barbara Collins, Alaskans For AHFC 583-6773 TX FAX: 583-8780 RE: Alaska Municipal League Resolution PGS: 2 The Kenai Peninsula Borough Assembly has passed a resolution supporting the Alaska Housing Finance Corporation from irresponsible raids by the state legislature. In order to be considered and voted on by the Alaska Municipal League next week we need additional AML member sponsors. Can the Municipality of Anchorage endorse the resolution? The resolution will follow this cover page. NOV-14-94 MON 14:15 KPB CLERK FAX NO. 9072628615 P. 01 Post -it' Fax Note 7671 Date _ pages► To G From e Pp CoMept. Co. Phone # Phone # Fax Y,,? P.3 - C o Fax 0 KENAI PENINSULA BOROUGH RESOLUTION 94-094 Introducad by: Glick Date: 10/11 /94 Action: Adopted Vote: Unanimous A RESOLUTION SUPPORTING ALASKA HOUSING FINANCE CORPORATION WHEREAS, Alaska Housing Finance Corporation has a basic mission to provide decent, safe, affordable, energy efficient housing for all Alaskans because it is currently a profit making entity, it can also make available a significant portion of its annual profits to the State General Fund. Both of these services are of major importance to Alaska in the second half of the 1990's; and WHEREAS, in order for AHFC to continue to serve the housing needs of Alaskans and continue to make significant annual budget dividend contributions, and to fund other basic services, it is necessary for ABFC to be solvent and retain its Bond Rating; NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH: SECTION 1. That the Kenai Peninsula Borough Assembly supports Alaskans for AHFC in their endeavor to maintain the current structure of AHFC and its' efforts to stop irresponsible legislative raids on AHFC assets. (position paper attached). SECTION 2. That upon adoption by the Kenai Peninsula Borough Assembly, a copy be sent to the Alaska Municipal League for consideration of support at its annual meeting. SECTION 3. That copies shall be distributed to Representatives Gail Phillips, Gary Davis, Irene Nichoba, and Senators Suzanne Little, Judith Salo, Georgianna Lincoln, and Fred Zharof. ADOPTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH ON THIS 11 th DAY OF OCTOBER, 1994. ATTEST: .4 Gaye J. a ghan, Wough Clerk & 04 — Betty J. r AsPresident Kenai Peninsula Borough, Alaska Resolution 94-084 Page t of 1 NOV-10-94 THU 4:26 PM E R H A FAX NO. 907=29-6780 P. 2 Introduced By: Kenai Peninsula Borough Assembly Date: RESOLUTION OF THE ALASKA MUNICIPAL LEAGUE Resolution No. 95•xx A RESOLUTION SUPPORTING ALASKA HOUSING FINANCE CORPORATION WHEREAS, Alaska Housing Finance Corporation has a basic mission to provide decent, safe, affordable, energy efficient housing for all Alaskans because it is currently a profit making entity, it can also make available a significant portion of its' annual profits to the State General Fund. Both of these services are of major importance to Alaska in the second half of the 1990's; and WHEREAS, in order for AHFC to continue to serve the housing needs of Alaskans and continue to make significant annual budget dividend contributions, and to fund other basic services, it is necessary for AHFC to be solvent and retain Its' Bond Rating. NOW, THEREFORE, BE IT RESOLVED that the Alaska Municipal League supports Alaskans for AHFC in their endeavor to maintain the current structure of AHFC and its' efforts to stop irresponsible legislative raids on AHFC assets. This resolution was approved for submission to the Alaska Municipal League membership by the governing body of The Kenai Peninsula Borough on October 11, 1994. ENDORSING MEMBERS: Kenai Peninsula Borough Assembly City of Soldotna i9 `fw � TO: Mayor Williams and City Council Kin Yaw ^ a D _ Acre N 6 THROUGH: , ity Manager cAA FROM: Keith Komelis, Public Works Director DATE: November 17, 1994 SUBJECT: Driveway Snow Berm Removal As directed, I have researched and developed various ways to remove the driveway snow berm after the city's graders plow the roads. I have spent a lot of time and effort to come up with the best method. This is a result of many meetings with our expert operators, street and shop foremen, shop crew, and other Public Works employees. The use of small loaders following our graders was ruled out because of the large expense and extensive time of equipment delivery. They would probably cause less property damage but be slower than pickups with plows on them. Public Works has the city divided up into three snow removal districts: East, Central, and West. We also have snow removal at the Airport and city parking lots. At the same time we are plowing we are sanding streets and parking lots throughout the city. After much discussion the Public Works Department firmly believes we will need at a bare minimum, seven (7) pickups with blades on them to clear the driveway snow berms. This is based on the need of the three districts. 1. East = 2 2. Central = 2 3. West = 3 Total 7 pickups with plows I have developed two options to handle removing driveway snow berms. The first option is to contract the work out and the second option is to try and do the work ourselves. OPTION 1 - Contract Work Out A significant snow storm takes about 15 hours to clear or plow the streets, airport, and parking lots. Contractors charge $55.00 to $75.00 per hour. If we have 15 more snow storms this year (December to April) a rough estimate for contracting driveway snow berm removal would be: 7 Pickups w/plows x 15 hrs./time x $65.00/hr. x 15 times = $102,375.00 C-6 Suggested by: Public Works City of Kenai RESOLUTION NO. 94-75 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA TRANSFERRING $7,599 IN THE GENERAL FUND FOR PURCHASE OF THREE SNOW PLOWS. WHEREAS, the City desires to purchase three snow plows to mount on pickup trucks for removal of snow berms from driveways; and WHEREAS, this cost was not included in the FY95 budget. 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 $7,599 To: Streets - Machinery & Equipment $7,599 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 23rd day of November, 1994. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: (11/17/94) kl Page 3 November 17, 1994 Driveway Snow Berm Removal it through this year. If Council approves of this new service, we will make the same request next year, plus some additional pickups with plows to cover the new job of drive snow berm removal. Labor cost is very hard to estimate. If a snow storm happens when our Public Works crew is normally off duty, then they can keep up with their work and put in some overtime to remove driveway snow berms. If they are called to remove snow during their normal working hours, they will need some overtime to perform their normal work. For a rough cost estimate, I would use range 12 at an overtime rate of 11/2. This would amount to around $28.00/hour. Some of the time will be double time. Rough Labor Cost $30.00/hr. x 7 operators x 15 hr./time x 15 times = $47,250.00. Benefits: Pers, Workers Comp., Medicare = 5,750.00. Rough Total Cost = $53,000.00 If the city decides to clear driveway snow berms, I think Council should authorize Public Works to hire two (2) temporary operators that we could call out for snow removal work in the winter. It may even save the city money by having less overtime. Another very serious aspect to consider in driveway snow removal is property damage and personal injury. There are many driveways with adjacent retaining walls, rock gardens, lawns, parked cars, and other items that can, and likely will, be damaged. We will do our best to train our new pickup plow operators but they were not hired as operators and would not ordinarily be doing this kind of work. I suggest that Cary Graves and Charles Brown be consulted concerning city liability, property damage, and the necessary insurance to cover this. If the City Council decides to add this new service of driveway snow berm removal, they should approve the option they feel is best. If they want Option No. 1, contracting the work out, we will need some additional time to develop a good set of bid specifications. I have talked to two major snow removal contractors who said it is late in the season to bid this. They are all booked up. If Council goes with Option No. 2, using in-house forces, they need to approve of the purchase order to buy the 4 new plows that we need. If approved, I will fax the purchase order to Truckwell and they will deliver the plows November 25, 1994. We would install the plows on November 28 - 30, and be ready to perform this new service starting December 1, 1994. Page 2 November 17, 1994 Driveway Snow Berm Removal OPTION 2 - Using Existing City Pickups and Mostly Existing City Crew In order to have the seven (7) pickups that are needed, the street department will have to borrow pickups from the boating facility BF-1; airport AP-1; sewer treatment TP-1; and water and sewer WS-2 and WS-3. We will also need to purchase snow plows for four (4) pickups at a cost of $9,999.00. Attached is a purchase order for these four (4) snow plows. We have already made arrangements to make sure each pickup is equipped with a radio, a back-up alarm, two back up lights, and a beacon. Below is a list of the seven (7) pickups that our street and shop crew think can be used for driveway snow berm removal. They are the only seven (7) pickups we feel can be used. We will have to purchase four (4) new snow plows to make this work. The consensus of Public Works, after looking at various plows, is to purchase BOSS plows. They are available from Truckwell in Anchorage and can be delivered Friday, November 25, 1994. Driveway Berm Removal - Equipment 1. #ST-3 1994 Ford 1 Ton 4x4 P.U. Auto w/Boss V Plow 2. #ST-2 1981 Chevy 3/4 Ton 4 x 4 P.U. 4 spd. - To purchase Boss Plow 3. #BF-1 1994 Dodge 1/2 Ton 4x4 P.U. Auto - To purchase Boss Plow 4. #AP-1 1986 Chevy 1/2 Ton 4x4 P.U. Auto - To purchase Boss Plow 5. #TP-1 1986 Dodge 3/4 Ton 4x4 P.U. 4 spd. - To purchase Boss Plow 6. #WS-2 1978 Ford 3/4 Ton 44 P.U. 4 spd. w/Western Plow 7. #WS-3 1994 Dodge 1 Ton 44 P.U. Auto w/Snow Way Plow (not here yet) The airport pickup, #AP-1, is badly needed to make this work. The Airport Manager has raised the question of response time in case of an airport emergency. The pickup would be assigned to the central district, which is nearest the airport. The Airport Manager has his car to respond with. His assistant, Keith Holland, is normally helping with snow removal in some kind of heavy equipment plowing or blowing snow. Therefore, it may be quicker to have whoever is plowing in the airport pickup with radio contact to immediately respond. The pickup would be running, warmed up, and not be parked with snow piled on it. The plow may also be handy for clearing snow in and around the airport ramp and parking lots. We hope that seven (7) pickups with plows can keep up with our road snow removal crews. In our last budget Public Works requested to replace ST-2, a 1981 Chevy 3/4 Ton, with a new pickup. We are counting on this and our other, older, pickups making Page 5 November 17, 1994 Driveway Snow Berm Removal Road Plowing - East District Road Operator: Swede Freden Road Equipment: 1988 CAT 120G Grader #ST-32 Road Plowing - Central District Road Operator: Mark Johansen Road Equipment: 1993 CAT 140G Grader #ST-46 Road Plowing - West District Road Operator: Mark Langfitt Road Equipment: 1978 CAT 140G Grader #ST-31 Airport Snow Removal Equipment Operator: Ray Rogers Equipment: 1979 Osh Kosh Sand/Plow Truck #AP-30 Equipment Operator: Lonnie Stanford Equipment: 1993 Champion 780 #AP-40 Equipment Operator: Keith Holland Equipment: 1978 Michigan Clark Loader #AP-32 1993 Osh Kosh Blower #AP-41 City Parking Lots Snow Removal Equipment Operator: Jay Davis Equipment: 966 C - 1988 CAT #ST-44 Goes to streets when completed on cul-de-sacs Sand Operations Equipment: 1971 GMC Sander #ST-35 1991 White/GMC #ST-45 Airport Only: 1979 Osh Kosh Sander/Plow #AP-30 KK/kw cc: Cary Graves, City Attorney Charles A. Brown, City Finance Director WHITE - VENDOR r)LDENROD - ACCOUNTING NARY - ACCOUNTING _JE - SHIPPING & RECEIVING REEN - APPROVED COPY PINK - REQUISITIONER PURCHASE ORDER CITY OF KENAI 210 FIDALGO STE. 200 PHONE 283-7538 KENAI, ALASKA 99611 VENDOR NO. 16106 F-Truckwell of Alaska TO 11221 Olive Lane Anchorage, AK 'e4m'v WIE.5.�r �-YDD -- 1,e 7 61 - 3 r-V6- L-907 - 9 ix9-- rA X_ /- 907 - 3 ig SHIP VIA: BY IH THIS PURCHASE ORDER NUMBER MUST APPEAR ON ALL PACKAGES AND PAPERS RELATING TO THIS PUR• CHASE. No. Dare 11/15/94 J DELIVERY DATE PREPAY SHIPPING - CHARGE E 06 PER QUOTATION PURCHASES AUTHORIZED ONLY WHEN SIGNED ABOVE BY SEPARATE ON INVOICE THE FINANCE DIRECTOR OR HIS AUTHORIZED AGENT ITEM NO. DESCRIPTION OR ARTICLE QUANTITY ORDERED UNIT UNIT PRICE AMOUNT 1. Boss Super Duty 716" Rapid Tach Snowplow for a 1981 Chevrolet 3/4 Ton 4x4 Pick-up 1 2400.00 zFSr- z 2. Boss Super Duty 810" Rapid Tach Snowplow for a 1986 Dodge 3/4 Ton 4x4 Pick-up 1 2100.00 7dt TP-/ 3. Boss Super Duty 716" Rapid Tach II Snowplow with easy attach and disconnect features for a 1994 Dodge 1/2 Ton 4x4 Pick-up #fl j 1 2599.00 Price includes delivery, not installation. (Truckwell quotation dated 11/10/94 attache ) For Council Approval November 23, 1994. - 4. Boss Super Duty 71611 Rapid Tach Snowplow for a 1986 Chevy 1/2 Ton 4x4 Pickup #AP-1 2400.00 TOTAL 9999.00 DEPARTMENT Streets ACCOUNT NUMBER AMOUNT 001.33.8064 : 9799. 00 BY ARTMEHT HEAD TRUCKWELL OF ALASKA 11221 OLIVE LANE ANC-110RACil', Al A.SK.A 1)9filS AK TOLL FRET 1 800 i"S 88.15 fAX (907) 344-00-H (9n7 ) i 19,98. i QUOTATION NovgMber 10, 1994 TO: CITY OF KENAI ATTN: DAVE REETZ FROM: SRTAN WIESE RE: BOSS SUPER DUTY SNOWPLOWS *x*xxxzzzzzzxzx,rx**x*xxzzxzzx**xxx*z*x�c**�cxxxxzxxxx*,t**x:z**x**** Tr r EA BOSS SUPER llUTY 7' 6" RAPID TACH SNOWPLOW FOR A 1981 CHEVROLET 3/4 TON 4x4 PICK-UP. DISCOUNTED AND DELIVERED PRICE PER UNIT NOT INSTALLED - $ 2,400.00 n ArR6o efellY / %N -iIXSe /'iG.rvP BUSS SUPER DUTY 7'6" RAPID TACH SNOWPLOW FOR A 1986 DODGE 13/4 TON 4x4 PICK-UP. 015CUUNTED AND DELIVERED PRICE PER UNIT NOT INSTALLED - S 2,400.00 ADD Fort S'Pcow ;ti000,010 �.� EA. BDSS SUPER DUTY 7'6" RAPID TACH II SNOWPLOW WITH 1:ASY ATTACH AND DISCONNECT FEATURES FOR A 1994 DODGE :12 TON 4x4 PICK-UP. DISCOUNTED AND DELIVERED PRICE PER UNIT NOT INSTALLED - $ 2,599.00 IMPORTANT NOTE: BOSS CURRENTLY HAS 43HACKETRY FOR ALL Z 994 - 95 FULL SIZE PICK-UP 'TRUCKS TO CONVERT THE RAPID TACH MODELS TO THE RAPID TACK II EASY A7'1'ACH ANV L'1.SC:UNNE'C:T MODELS. THzsE CONVERSIONS WILL SAVE THE CITY OF KENAI MONEY AND HASSLE I.N THE LONG RUN. <<ti l by irurx".v_</ THANK YOU _ i BRIAN WIESE 11-16-94 City of Kenai Kenai City Council 210 Fidalgo, Suite 200 Kenai, Alaska 99611 Kenai City Mayor Kenai City Manager Dear Sirs: c-� �6,�]ti8192p�j? 7994 o ry C(fRK 6'�P v For 40 years of Alaska winters in which my wife and I have had to cuss and discuss the berms left by street snow plows, etc., it surely would be nice to have this nuisance quickly removed behind the plows. I have spent many hours shoveling out. However the flip side is taxpayers costs; consider: Our tax mill rate can only go up. Overtime pay. Purchase of more seasonal eauinment. or: Tax mill rate goes up, at least some. Contract for private operated snow removal. Guarantee pay on only hours spent removing berms. They can follow the street plows, using only 4-wheel drive pickups with plows. or: Leave things alone! This has worked very satisfactorily for these decades past. Snow removers are readily available and competitive. Many types of hand operated tools (snow blowers, garden tractor attachments, etc.) are already used by many. I dare say those of us demanding government help are the same people that have helped make government so costly we simply cannot afford more! My recommendation (request): NO on Kenai's consideration of berm removal by the City of Kenai. Sincerely, C>) Glenn J. Kipp 11407 5th. Ave.] P.O. Box 308 Kenai, Alaska 99611 NOU-18-1994 10:08 FROM WE FINANCE TO C/K- KENAI PENINSULA BOROUGE 144 N. BINKLEY • SOLDOTNA, ALASKA • 99669-7699 BUSINESS (907) 262.4441 FAX (907) 262.1892 17, 1994 city of Kenai: Attn: Carol L. Freas, City Clerk 210 Fidalqo Ave., Suite 200 Kenai, AK- 99611-7794 RE:i 1995/96 Liquor License Renewal MART LIQUOR - PACKAGE STORE I Deair Carol: c- I DON GILMAN MAYOR: Please be•advised that the Borough will have no objection of the a ve noted liquor license renewal based upon unpaid taxes. I ' Thy sales tax account registered for the business is filed tlLiough the required filing periods and the tax year of 1994. Thai business personal tax accounts and/or applicable individual ta� accounts are in compliance at this time. Please send us a copy of your City Council approval/objection le�ter for our records. Thank you for your cooperation in these matters. i si erely a a er Delinquent Accounts I I i I I TOTAL P.01 WALTER /. NICKEL, GOVERNOR DEPARTMENT OF REVENUE ALCOHOLIC BEVERAGE CONTROL BOARD Carol Freas, Clerk City of Kenai 210 Fidalgo Kenai Ak 99611 Dear Ms. Freas: 550 W. 7TH AVE ANCHORAGE, ALASKA 99501-6698 November 3, 1994 We are in receipt of the following application(s) for renewal of liquor license(s) within the Citt of Kenai. You are being notified as required by AS O4.11.520. Additional information concerning filing a "protest" by a local governing body under AS O4.11.480 is included on page two. PACKAGE STORE KMART LIQUOR CC; Kenai Peninsula Borough at�reO;Ab".n.Oer"Ibmiod LIQUOR LICENSE APPLICATION PAGE 1 OF 2 An m"%A b W (Please reed sepwWo Ins&ucdons) ,,,�,�., ALelaa,1M601 OWN IRwY, ad 2 In tfr. AM ttlaerd. Tbb tppeomm" b for. (on" w) ® Two Year Cl Two sit nrorwP perlode in each year of 6s biorrNal period be91 -1 —and A. wtw be GWWM sd for w "M of gWbeb Lbwr-w Type PACKAGE STORE . App,nlbn: ❑ Now ® Rimmed tl1tY- Relwwrw11For Lloww Fed" f31 ��•. 75n 1995/96 92-0132179 S 0.00 FlDing FN NwaftnewaV S 200.00,-" Thwahr t----iwAi. U�yytaan aMmw4mW ❑ OkAMW t 4 Kenai Cwwrtt uwor - - No Im 94-3347 It ranwal. has tln xsrobad or active at bad 30 *W*4 our drys during each of the two preu I Wender yoare7 (AS 04.11.330(3)) DYES 9no, ryWoauonwNbedwrfadwWwwrowrraptotfar welwr of openlbn b.ppowd by the Abarob ".Z. NO Came, P6 WRV (H 6PPf a) s ❑ TMWN of ticerra-f4ofder ❑ RobalMon T.W 6 1.700.00 Enlw oq*=We or bw wkr4 re awns end nslMrq adder n a wsuld gWewron ifs lowse: As( - N—) T LIOUO Cmmwnly Qourcd (Bs-Yrmolbn-) Nam- end MwMng Admen Ili, INC. NONE e"ew Ad.paotwon of Business 3100 WEST BIG BEAVER ROAD SPUR HUlY. TROY, MI 48084-3163 Coy KENAI .. B Mneds Plrors Nurrbw 9) ❑ Tf6M0ANEW WXJMQADWASS (907)283-7616 B. PR EN . tarty for New arrd Relownon Nwrs is be used on PUM 80 or In edvwaoI 0 b Mereay prwbr: b boa6on a prenlUea gnwI thesis w bea van a0 ndee horn the bourrdwW ola luft"lly (kwwpor&ad c0 • bwough or u~ munaowMy)7 ❑ (beebr den BO non ❑ Len giver 50 ROm ❑ Not ApplomMe C 00M 8droa Orerwrdo: I Dbbnos rrsnrrad order: Mosel Chtwar: I ❑ AS 04.11 AIC OR ❑ Lod Crdbra os No.: Prwnbm to be aowrsad b: ❑ Pine eu mMW b fie MrOW (Reglrred for new and Wopowd brtbgs) ❑ ❑ Nw ❑ ❑ DWWm of Prentsea Mw*W for Y Nw and Raoo.aon SECTIONC. RENEWAL INFORIWIATION, Mast be a mpieW for Rene" appifthors. Nn Ilowned premiss where aWhobc bevempas are Has the Wienwd of &WCW imerpt dmVed trom the PACKAOR WCO M. Is this a renewal at the wnw saki. ewved awww d. 0onessed w0for (bred been No Melwrwtt N6mNled7 nabs re * - -.1 16 AAC 014.645 In she @Wohofe drwlQaO ham the NO dbpwn wtbrrtW-d7 bwnngw In repose to wrMwr adwsT ❑ YES Q NO ❑ YES Cx7 NO ❑ YES Ik NO .ION D. TRANSFER INFOFMATION. ►brw be oonplsled tw Trwrhrd �bwree l4oaw wrd RMoowbn rypf mm a Li as*A kM V TMWW.ABadraaosnwlYwhldravtlws-tiolslar . A804.11.670. N"s) w! Miq Adder of 0wrod UoWm a(a) ❑ R-w T""'W. Any arartertwe exaob0 urmw AS 04.11.M for purpaea of 4PPM4 AS 04.11.600 XB) M a laity Hv*M W y I I met be feed wrr Erb oppanaon(16AA0104.104Rewwpwoonfprapoy,-- yedwMr6aatrwralw b: (AOwA.mr. sheer/nac --)) BEFORE TRAIIBFEK Dann Buab ve As: Muenress Nave) BEFORE TRANBFM Bbew Addess or laoellon SECTION E. CORPORATION INFORMA710 Mow to COMMOW r SMNC m or eo-eppacwa b a axporaWn. (AS O4,11.390) Copwww"W" TT_T TNr. _ _ Doeq Business As (Brw-nw Nwe) KMART LIQUOR Dete of hm porYbn in Alrka 2/15/90 Md" Adwew 370f) T.TFCT RTG RFAVFR RnAT) Busty Address or Loostbn of Suswrs� _10480 SPUR HWY. CRy. Sift Zip Code - Coy end Este Cwposte Omu Phone No. 810-643-1790 It the nova rrwrred mrpenlbn In good sewrbq w0h the Blse of ANA^DeprrwdofOmmomand R nwr+cowalgxrwo ® YES ❑ NO Rs-1 c' Agen1(Nw11s wrd MIYkq Adwees) C.T. CORPORATION SYSTEM 240 MAIN STREET Agwt* AWWs R ldwq Yeah: Mwahe: AWaPhone No. CONPORAMN DMWrOM AND wrOCKMX Mlt (Use sddMonl Ness 9 neoesawy) % or Shwas of Ful Nwne (Do not use WON" liorrn Adder Dfs et BIM M4ART rORPORATION 3100 WEST BIG BEAVER ROAD TROY mI 48084-3163 N/A 1001, A TRADED CORPORATION ON THE N Y STO . EXCHANGE t' T' T T FOR LS IN BOARD btIyR�E,CTORS Al,',' OFFICERS. THIS AREA OFFICE USE ONLY lbwrn mule w Dal Appwsed DYeos/a 6lgndera - Iml 04.901 Page 1 tRaw. ZN4) -t► ALASKA UOUOR LICENSE APPLICATION PAGE 2 OF 2 SEgiMM f. NG)WMAUCOFANMlrE OFFICER NFOiMAA71ON. The l— - - rramseden sa w beF - - ar e" Epp- ampere asmr. vow appec aK orao- ppitoaM Is a oarpamNon, VW aNkws IMad mud eratrrde M Ptedderd. Vbo*rwklsrd, ate- my and Tntaaaw. Use sddansl papas es naaiaaary. Fell Maine (Do not was Mob) Full Mama (Do net was, cis n* ANTHONY PALIZZI NANCIE W. LADUKE hitrsit" Addsi s raid" Adduces 3100 WEST BIG BEAVER ROAD 3100 WEST BIG BEAVER ROAD City, am" III) coftCry, sane. MpCode TROY, KI 48084-3163 TROY, MI 48084-3163 Mane beanie (11 drtwwnt hom NO eddreas) Moore Addrsas (r dtlismit horn nre" addt+eas) Daft of BMh Mom* Phone work Phan Dap of Hans Pluon wads Phone 10/27/42 810-643-1400 9/2/40 810-643-1792 Length of ANata Pasldency Nap"/aidM scapaelbn, kladNytlwcapaaMdlbeyou hold. Length of Alaska It Maconwre n, tlaMMylMoapaateom eyou hotl. Yeas Month Yeas Montlus 0 PRESIDENT v FullManna (Do not urse cicala► FullMarne (Do not uate eelats) PAUL J. HUEBEP JAMES L. MISPLON Maling Addren 3100 WEST BIB BEAVER ROAD Maite" Aadrees 3100.WEST.BFG BEAVER ROAD, CRY, era*, ZIP code city, sate. Zip cad* TROY, 1111 48084-3163 TROY YI 48084-3163 Horn* Address, (a dtr«wa horn MR adm.aa) Horn. Adaees (a ditarerd hom n.ae" addraes) Dds d am Home Phone work Phone Dap ofaMA Horn* Phone wean Pharr. 5/17/45 010-643-3120 4/24/50 810-643-5051 Length of Manta neetdwnq Nappacent laacorpormilon, klaMilivoeoorporste Mr"You Length of A sim Flesitleacy N@Wk-dracapa.noa nadNyth1, - ornoeyou Yews MterrUr hold. hol& Yeats Manus TIRESTD= I( TPl7Aq1TPrP Does any IrudArlara' or - I ' "Mc nand above now have dry deeot or wded Yawed in any dhw akolnoNe b*vwall business kw*W In AleWa or any ad w state? ❑ NO Q yes N yes, give awe. nwne of business, and adaess. SEE ATTACHED LIST N rnever haec" IUd a sinceIlls g Otto leaf appllabon, ham any indWWuY orcorporate "than katW above been com-kisd of ale", a violation d AS 04, orbeen oonvieled as a kwisaa or nunalpmr of Yc*rs*, premises in anod- sate at the bWoc laws of that elate? q NO ❑ Y® r Yes. Ises" "Fen an wl+w0a` ~ d PWer. Mtua be wad and awctsd by ewri ap ATIL I declare under penalty of perjury that I have examined this application, including the accompanying schedules and statements, and to the best of my knowledge and belief it is true, correct and complete, and this application is not in violation of any security interest or other contracted obligations. I further certify that I have read and am familiar with Title 4 of the Alaska statutes and its regulations, and that in accordance with AS 04.11.450, no person other than the applicant(s) or licensee(s) has any direct or indirect financial interest in the licensed business. I agree to provide all information required by the Alcoholic Beverage Control Board in support of this application. v application Is for a Beverage Dispensary or Package Store license. I certify that each applicant named on this application has resided In the state of Alaska for at least one year prior to the date of this application; and/or the applicant Is a corporation registered and qualified to do business In the state of Alaska for one year prlorto tha date of this application, or all of the shareholders have resided In the state of Alaska for at least one year prior to the date of this application. SKMA S OF CURRENT LICENSEES(APPLICANT) 810"A S OFTRANSFEREE Tt ', Tnr PPFCTnr%lr - F T TTjTRRFR _I'= aubsorbed ark ea - to' 11 rra V& '� subscribed and wren to barove me 1 * dnyet- '.'T - .10 9d 1g MMARYrvuaGC N AND �SLMAJE)MTTE M. POLLOCK Ave ALA WCA MyaanatrloneogYer NOW Public M Myo-wontmaarpees�, ' 39 Form 04-001 Page 2 (Rev ON) MY C IMMisslon Expires May 5, 19g7 _ _ c Re: IO2 Inc. PRIVILEGED AND CONFIDENTIAL ADVICE, OPINION AND WORK PRODUCT OF COUNSEL The following are the directors and officers of ILJ, Inc.: Directors Anthony N. Palizzi Nancie W. LaDuke Paul J. Hueber Officers Anthony N. Palizzi Paul J. Hueber James L. hlisolon Nancie W. LaDuke Alice I. Buckley Fran: N. JvjcClure President Vice President Treasure: Secretar; Assistant Secre ary Assistant Treasurer ` KMART CORPORATION 3100 W BIG BEAVER ROAD TROY, MICHIGAN 48084 ALCOHOLIC BEVERAGE LICENSES STORE NUM TYPE ADDRESS CITY ST ZIP OPENED ILJ 3580 LIQ 400 RODEO PLACE ANCHORAGE AK 99508 08/02/94. ILJ 3584 LIQ 6525 GLACIER HWY JUNEAU AK 99801 04/01/93. ILJ 3623 LIQ 10480 SPUR HWY KENAI AK 99611 07/12/93. ILJ 7569 LIQ 8601 OLD SEWARD HWY ANCHORAGE AK 99515 09/20/93. ILJ 7598 LIQ 3121 AIRPORT WAY FAIRBANKS AK 99701 10/18/93. KLC-S 3901 B/W 28000 US 59 ROSENBERG TX 77471 08/23/93. KLC-S 3948 B/W 12300 SAN PEDRO AVE SANANTONIO TX 78216 02/25/94. KLC-S 3992 B/W 2015 SW LOOP 410 SAN ANTONIO TX 78227 05/29/94. KLC-S 4904 B/W 6106 N NAVARRO VICTORIA TX 77904 10/28/93. KLC-S 4908 B/W 5001 S PADRE ISLAND DR CORPUS CHRISTIE TX 78411 12/31/93. KLC-S 4920 B/W 1901 W. EXPRESSWAY 83 WESLACO TX 78596 06/01/94. KLC-S 4926 B 1919 N MAIN ST PEARLAND TX 77588 03/21/94. KLC-S 4941 B/W 11711 I H 35 NORTH SAN ANTONIO TX 78233 10/24/94. KLC-S 4948 B/W 200 N. NEW ROAD WACO TX 76710 09/07/94. KMART 3671 B/W 9076 HWY 20 W MADISON AL 35758 10/23/88. KMART 3640 B/W 5300 BARTOW RD ACWORTH GA 30101 11/11/87. KMART 4900 B/W 1701 MTN INDUSTRIAL BLVD TUCKER GA 30084 06/24/92. KMART 7478 LIQ 94-825 LUMIAINA ST WAIPAHU HI 96797 07/01/93. KMART 7488 LIQ NEC DAIRY RD & HANA HWY KAHULUI HI 96732 07/01/93. KMART 7680 LIQ 4561 SALT LAKE BLVD HONOLULU HI 96818 11/15/93. KMART 3387 B-ON 8601 W JUDGE PERLZ DR CHALMETTE LA 70043 08/02/83. KMART 3207 B/W 30800 ORCHARD LAKE RD FARMINGTON HILLS MI 48018 05/01/74. KMART 4192 B/W 28800 TELEGRAPH RD SOUTHFIELD MI 48075 05/01/77. KMART 3175 B/W 1267 HOOKSETT RD HOOKSETT NH 3106 06/01/82. KMART 3340 B/W 494 ELDEN ST HERNDON VA 22070 07/09/87. KMART 3133 B/W 1001 E SUNSET DR BELLINGHAM. WA 98226 01/15/82. KMART-S 3995 LIQ 2375 W 32ND STREET YUMA AZ 85364 11/08/93. KMART-S 4911 LIQ 1800 W. VALENCIA TUCSON AZ 85746 07/11/94. KMART-S 4912 LIQ 4075 E. INA RD TUCSON AZ 85704 07/11/94. KMART-S 3974 LIQ 408 W. SHAW FRESNO CA 93722 09/18/94. KMART-S 4917 3.2B 1400 EAST 104TH AVENUE THORNTON CO 80229 08/23/94. KMART-S 4918 3.2B 9401 E ARAPAHOE ROAD GREENWOOD VILLAGE CO 80112 09/22/94. KMART-S 4934 3.2B 2400 WEST 29TH STREET GREELEY CO 80631 10/17/94. KMART-S 4719 B/W 102 HICKS DRIVE ROME. GA 30161 10/04/93. KMART-S 4916 B/W 889 DAWSONVILLE HWY GAINESVILLE GA 30501 04/10/94. KMART-S 4921 B/W 1106 N. ST. AGUSTINE ROAD VALDOSTA GA 31601 08/29/94. KMART-S 4821 LIQ 600 MEACHAM ELK GROVE VILLAGE IL 60007 01/28/94. KMART-S 4924 LIQ 800 BROADVIEW VILLAGE SQUARE BROADVIEW IL 60153 09/19/94. KMART-S 7416 LIQ 17550 HALSTEAD HOMEWOOD IL 60430 01/28/94. KMART-S 7525 LIQ 990 KENZIE BRADLEY IL 60915 02/04/94. KMART-S 7913 LIQ 413 N MILWAUKEE VERNON HILLS IL 60061 01/28/94. KMART-S 4108 B/W 6050 US HWY 6 PORTAGE IN 46368 02/11/94. KMART-S 4913 B/W 46515 US HWY 41 TERRE HAUTE IN 47802 08/29/94. KMART-S 4914 B/W 6200 E. LLOYD EXPRESSWAY EVANSVILLE IN 47715 04/24/94. KMART-S 4922 LIQ 111 CONSTITUTION DR WEST MONROE LA 71292 07/04/94 KMART-S 4947 LIQ 3300 AMBASSADOR CAFFERY PKWY LAFAYETTE LA 70506 07/25/94. KMART-S 4915 LIQ 5851 MERCURY DEARBORN MI 48126 06/17/94. KMART-S 4949 B/W 3710 DIX HIGHWAY LINCOLN PARK MI 48146 10/17/24. KMART-S 7634 B/W 1179 32ND STREET PORT HURON TWP MI 48060 11/01/93. KMART-S 4930 B 4501 HARDY ST HATTIESBURG MS 39402 06/19/94. KMART-S 4940 B 597 BEASLY RD JACKSON MS 39206 06/24/92. KMART-S 3908 B/W 1460 HWY 15/501 SOUTHERN PINES NC 27387 08/26/94. KMART-S 4758 B/W 545 U S HWY 29 N CONCORD NC 28027 07/25/94. KMART-S 4901 B/W 2401 N SARDIS RD CHARLOTTE NC 28227 06/24/92. KMART-S 7345 B/W 1801 US HIGHWAY 421 NORTH WILKESBORO NC 28699 07/05/93. KMART-S 7469 B/W 2201 HIGHWAY 70 SE HICKORY NC 28602 07/05/93. KMART-S 7550 LIQ 3300 N 27TH STREET LINCOLN NE 68504 10/25/93. KMART-S 3784 B/W 1825 N STATE ROUTE 19 FREMONT OH 43420 08/16/93. KMART-S 3786 B/W SR 42 & REAGON PKWY MEDINA OH 44256 07/21/91. KMART-S 3910 B/W 5350 LEAVITT ROAD LORAIN OH 44053 10/25/93. KMART-S 4764 B/W 4040 MEDINA RD MONTROSE OH 44333 10/19/92. KMART-S 4903 B/W 190 STADIUM DRIVE DEFIANCE OH 43512 11/01/93. KMART-S 4910 B/W 9200 MENTOR AVE MENTOR OH 44060 05/01/94. { STORE .i r NUM TYPE ADDRESS CITY ST ZIP OPENED KMART-S 4937 B/W 1470 NORTH RIDGE ROAD CHILLICOTHE .:OH 45601 08/29/94. KMART-S 7584 B/W 919 LEXINGTON/SPRINGMILL ONTARIO OH 44906 07/19/93. KMART-S 4927 B/W 110 E. BLACKSTOCK ROAD SPARTANBURG SC 29301 04/27/94. KMART-S 7353 B 3019 PEOPLES ST JOHNSON CITY TN 37601 07/05/94. KMART-S 3785 B/W 5007 VICTORY BLVD TABB VA 23693 11/15/93. l , i •1 COUNCIL ON AGING AGENDA , November 1521994 - 10AM 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. Endow- ment/Joanna Hollier7� e . =CE + 5 r10U-) l Y l E,11f-Y / f �C l /� %I I Lf, 5. Old Business J J a. Survey Results b. Meal Donations c. Vehicle Reguest r* 6. Persons Present Not Scheduled 10 CITY OF KEN 'D' '<' it Gd0oC4,jf2iW4 444areu 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 b2iftirl ww.noan CITY OF KENAI 1992 BACKGROUND AND PERSONAL DATA - CANDIDATES FOR APPOINTMENT TO COMMITTEES AND COMMISSIONS DATE: J �- Ii4"-1L4 NAME: �1 X.l r� X,t rCc� � c cr-L rgs Resident of the City of Kenai?y eS How long? {ylC>n*I\S Residence Address I C�>a(.F ya r'--p p CA- AL 99�-- Mailing Address fLAryv-- Telephone No. Business Address (,�, k)Lo Telephone No. � EMPLOYER: Job Title v NAME OF SPOUSE: ►,j. Current membership in organisations: Past organizational memberships: NoA e_ COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED: - 2V-ra�4 Comm'Is-si'nn WHY DO YOU WANT TO BE INVOLVED WITH THIS COMMISSION OR COMMITTEE? S D-9 Harbor Commission ***Minutes*** November 7, 1994 - 7:00 p.m. City Council Chambers 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 MUNN 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 (Comproperty). 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 CITY of KEr P- �5 11 c9d i 14 A 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 b>� +wr.bau CITY OF KENAI ": BACKGROUND AND PERSONAL DATA - CANDIDATES FOR APPOINTMENT TO COMMITTEES AND COMMISSIONS DATE: 30 September 1994 NAME: Captain Michael R. McCune Resident of the City of Kenai? yes HOW long? 6.5 years Residence Address 1520 Toyon Way Kenai, Alaska 99611 Mailing Address Same Telephone No. 283-6254 Business Address Box 1260 Kenai Telephone No. 283-4410 EMPLOYER: Dragnet Fisheries Company Inc. Job Title General Manager ZMILE OF Kim I. McCune Current membership in organizations: Past organizational memberships: COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED: Port and Harbor Commission WHY DO YOU WANT TO BE INVOLVED WITH THIS COMMISSION OR COMMITTEE? I feel that my 20 years of diverse maritime experience could benefit the community inwhich I live. Signature 9(enai Community _fSta ty A PUBLIC LIBRARY IN SERVICE SINCE 1949 163 MAIN STREET LOOP KENAI, ALASKA 99611 REPORT FOR THE MONTH OF OCTOBER, 1994 Circulation Adult Juvenile Easy Books Fiction 1735 769 1438 Non —Fiction 2420 418 444 Periodicals 123 Kits Puzzles Phonodiscs Cassettes Videos Misc. 18 8 33 117 609 138 Total Printed Materials .. 7347 Total Circulation .. 8270 Additions Docs Adult Juvenile Easy Books AV Gifts 44 101 9 30 6 Purchases -- 56 18 14 -- Total Additions .. 278 Interlibrary Loans Ordered Received Returned Books 31 24 47 Interlibrary Loans by our Library .. Books 48 Volunteers Number .. 21 Income Total Hours .. 246 Fines and Sale Books 1,095.00 Lost or Damaged Books 134.60 Xerox 339.00 Donations 32.50 Total Income for October, 1994 .... $1,601.10 D-4 Xmai Community _Mazy A PUBLIC LIBRARY IN SERVICE SINCE 1949 163 MAIN STREET LOOP KENAI, ALASKA 99611 Library Cards Issued October, 1994 Kenai 56 Cooper Landing 2 Kasilof 7 Nikiski 18 Soldotna 22 Sterling 3 Other 5 113 Library Patronage ... 6,869 Persons w r:1 f l = vi i 7 7 1� •.0 7-,t -it iI it r 07 -+ 0 FO n - i1 i I I I 1-�N�ruL�i-� I ' I i LI IrU t] O r„ l;1 ,c, M Q ru N f- !i t I.n 1,-t Cta 1 r'7 _ It t U i V . �'. J. , : I •-� 11, 'L :7 IT, I I'dft] ru co ,c, !T, r:] Of rl GI +• I I j i ^' u' LU i77 Ut U ,J p r� ri) 1U i, i 17'7 ., fo LL ? L I I I O 0 u LL 0 ^ d w C r IL E n U.' w :J �T, ; � ., u i 'iI T h• -+ �, f�l f • .-� C'7 -, r� E N :• 7 I OJ 7 iI iI O, ru -+ t, w w - U L" r.. _' r'7 I t I - ru U-1 rLI 0 Li 2ig C IU I] N 'p -� art iI C�J (f�. -, .�, lu !r. 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J ... , .J I� S J 3 W } 7 W TWH �i �Orlrd ZZ iv JW-111 W I- LLLLzGuIL z W I a.+—CLD F- z Ln ul In a -i z 0 x w w�- O ul n m C r:.- L rumor 17 V 1 1 1 I J IJ [1 �- ro m 3 [n 7 .+ ru ru O In - J I N Cl 1-1 0 LL I I QI Ifs IJ I I I .r l J 'II CJ + Ci O D -" — W QI [n C T ❑ bl 1— .• E 7 QI C O • i. W 0) u + ill QI Q 0 C J O C Q: R g - p ai -, J r l . Ili � ilt I I r� (U r •iI =I J i L L1 17! N LI A I'd Z W J ._• w w _ ZrJ In ulQ 1 ZOILgaldi1—IJ {O �?!7't l Ul? tl D- 5 KENAI PARKS & RECREATION COMMISSION ***Minutes*** November 3, 1994 - 7:00 p.m. City Council Chambers Chairman Richard Hultberg 1. ROLL CALL Members Present: Dale Sandahl, Kelly Gifford (arrived at approximately 7:10 p.m.), Roger Seibert, Amanda Baldwin, Richard Hultberg Members Absent: None Also Present: Kayo McGillivray, Duane Bannock. Amanda Baldwin, Debby Fahnholz 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES Minutes of October 17, 1994: It was requested by Chairman Hultberg that reference to the Jet hockey game in the minutes be changed from $50 to $1500. There were no other changes to the minutes. There were no objections to the changes requested. Chairman Hultberg declared the minutes approved as amended. 4. PERSONS SCHEDULED TO BE HEARD None. 5. DIRECTOR'S REPORT McGillivray reported the following: a. Teen Center Dances - The $2100 for dances at the teen center was approved last night at the City Council meeting. b. Mens League Basketball - Probably will be going about the end of this month. Parks & Rec Commission November 3, 1994 Page 1 There will probably be 10-12 teams. He had a woman contact him with interest in getting a women's basketball league started. She was going to solicit interest and they would set up a meeting to determine the number of teams. There should be at least four teams to get it going. C. Goals and Objectives will be handled under Old Business. d. Tree Grant - Was presented to City Council at last meeting and was killed. e. Letter from State Dept. of Natural Resources - Regarding LWCF funds where we made application for funds for various park restrooms that didn't make it for funding last year. The letter said that the State of Alaska has received $235,000 for 1996. They will take 15 % for administrative fees. He did not anticipate any action on our grant again this year. 6. OLD BUSINESS a. Goals and Objectives - It was decided to prioritize the goals and objectives. McGillivray reported on 1994 progress. Fitness Trail upgrade has been done; tent camping area complete; Fourth Street park playground equipment added; some fences, tables, and parking were added; shelter repair was not done, but did get some upgrading; Old Town playground equipment upgrade was done. Sandahl asked about the shelter repair. McGillivray replied that there would need to be some roof repair and there were some posts that had been carved on. The posts will not be replaced but sanded and repaired as much as possible. Beach restroom has graffiti again; beach work was done and will most likely have to continue as long as there is traffic: Little League park landscaping was begun; parking expanded at Cunningham Park; grant application has gone in on Exxon Valdez funds to try to purchase additional lots: restroom at Cunningham Park needs to be replaced: drinking fountain was installed at softball green strip. 1995 goals - upgrade park restrooms not likely to get LWCF funds increased any time in the near future; Section 36 park development - Sandahl felt there should be at least a cleared lot due to the concentration of children in the area. Discussion included clearing an area for children to play with no equipment until later on. McGillivray felt they should leave it on the list and look at it again next summer. Softball green strip restroom installation to be moved down the list; grass in Old Town park will be no problem: continue tent camping development - probably six more sites, establish cross-country ski trail near golf course - will need to look at getting a track setter to keep it in shape before setting up trail system; outdoor basketball court at community park: Sandahl asked about the park behind Oilers field be looked at by Parks and Rec to see if it could be opened up to make it more useable, Parks & Rec Commission November 3. 1994 Page 2 McGillivray stated the wooden structure was built by the locals and is not Parks and Rec. equipment; additional tables will go into Municipal park - Gifford asked for barbecue pits; softball green strip playground equipment has been moved from 1998 to 1995 list; 87 city employees responded to the wellness/fitness program survey. 1996 goals - Upgrade Beaver Creek playground equipment: Section 36 playground equipment - Sandahl suggested change to continue development of Section 36. install park frontage signs - Gifford asked about getting a different type of sign; continuation of tent camping development. 1997 goals - Upgrade Little League playground equipment: continue Section 36 park development; continuation of tent camping development. 1998 goals - Upgrade on softball greenstrip and playground equipment; discussed bike trails. Baldwin suggested mirrors in weight room at Rec center. b. Playground Equipment - will be discussed at next meeting. C. Equipment - should be good for next year. but will probably need another used pickup in another year. 7. NEW BUSINESS a. Council Update - Bannock gave an overview of Council goals and objectives - including a new well; the new looping in the water/sewer lines; bluff erosion became #1 issue of long term list; Steve Latz was appointed by Council to Parks and Rec Commission; snow removal problems: Cunningham park project has been tabled pending action from Exxon trustee group. 8. COMMISSIONER COMMENTS AND QUESTIONS 9. INFORMATION 10. ADJOURNMENT Gifford motioned for adjournment, Hultberg seconded at approximately 8:30 p.m. Respectfully submitted by: Debby J. Pghnholz Parks & Rec Commission November 3. 1994 Page 3 CITY OF KEN/ �- 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 krAnd rr.ran 1"2 MEMORANDUM DATE: November 16, 1994 TO: Chairman Kevin Walker & Planning and Zoning Commission FROM: Loretta Harvey -41 SUBJECT: NOVEMBER 23RD MEETING twwwtw,rwwwwwwwwwwwwwwwwwwwwwwwwww�rww,�wwwwwwwwwwwwwwwwwwwwwwww�rwwwww,rwwwwwwwtww The are no agenda items for this meeting, so it has been cancelled. There will also be no work session with Council. The next meeting will be December 14th. Have a nice holiday! City of Kenai, Alaska PLANNING AND ZONING COMMISSION **AGENDA** October 12, 1994 - 7:00 p.m. Chairman Kevin Walker 1. ROLL CALL 6. NEW BUSINESS %3,�_,,� 7. OLD BUSINESS 8. CODE ENFORCEMENT ITEMS a. Letter to AAA Taxi 9. REPORTS a. City Council b. Borough Planning Commission c. Administration d. Historic District Board 10. PERSONS PRESENT NOT SCHEDULED 11. INFORMATION ITEMS 210 Fidalgo, Suitc --- a. Kenai Peninsula Borough Ordinance 94-52: Establishing the Kenai River Overlay District b. Memorandum Regarding Kenai Transfer Site 12. COMMISSION COMMENTS & QUESTIONS 13. ADJOURNMENT City of Kenai, Alaska 210 Fidalgo, Suite 200 PLANNING AND ZONING COMMISSION **MINUTES** October 12, 1994 - 7:00 p.m. Chairman Kevin Walker 1. ROLL CALL Members present: Phil Bryson, Ron Goecke, Teresa Werner-Quade, Bill Toppa, Carl Glick Members absent: Lori McComsey, Kevin Walker Also present: Councilman Hal Smalley, Jack La Shot, Loretta Harvey Swearing in of new Commissioner Bill Toppa. Loretta Harvey administered the oath of office to Bill Toppa and welcomed him to the Commission. Chairman Walker was unable to attend this meeting so Vice Chair Glick officiated. 2. APPROVAL OF AGENDA Vice Chair Glick noted that item 5 a. Conditional Use Permit for an Adult Community Residential Center had been removed from the agenda by the applicant Sandra Vozar. MOTION AND VOTE: RON GOECKE MOVED APPROVAL OF THE AGENDA AS AMENDED AND ASKED FOR UNANIMOUS CONSENT. BILL TOPPA SECONDED. PASSED BY UNANIMOUS CONSENT. 3. APPROVAL OF MINUTES September 28, 1994 MOTION AND VOTE: RON GOECKE MOVED APPROVAL OF THE MINUTES AS PRESENTED AND ASKED FOR UNANIMOUS CONSENT. BILL TOPPA SECONDED. PASSED BY UNANIMOUS CONSENT. Planning & Zoning Commission October 12, 1994 Page 1 4. PLANNING 5. PUBLIC HEARINGS a. Resolution PZ 94-49: Conditional Use Permit for Adult Community Residential Center - Lot 1, Toyon S/D - 1001 Mission Street - Paul & Sandra Vozar Vice Chair Glick noted this item had been withdrawn from the agenda by the applicant. b. Resolution PZ 94-50: Rezoning -City of Kenai (near Cone property) Vice Chair Glick introduced the item and opened the meeting to public comment. PUBLIC HEARING***VERBATIM: Jim Butler, 125 N. Willow, Kenai, I had the opportunity to address the P&Z almost two months ago, maybe a little before that to request your support for a proposal that Mr. Cone had put in for the Small Parcel Acquisition for the Exxon Valdez Trustee Council (EVTC). At that time, the Commission expressed their support, but also their concern that there was a chance the property might be tied up and locked away, if you will, from constructive use in the future. I took that as an indication that the City is still interested in seeing something that would work with the property. After I left the Commission I approached the City Council and they also supported the acquisition, as purposed, but expressed similar concerns that the Commission had, not to let the land sit idle. Both the Kenai Peninsula Borough Planning Commission and the Borough Assembly passed a resolution supporting the acquisition. As part of, not so much the challenge, but the concern not only as a resident of Kenai, but as somebody who's involved on Mr. Cone's behalf regarding the acquisition I struck up a dialog with Fish and Game (F&G), the Department of Natural Resources (DNR), and the City of Kenai to see if somehow, the land managers along the Kenai River could somehow work in concert with the City of Kenai, to see if the acquisition could somehow meet some of the City of Kenai's needs and the (needs of the ) land managers along the Kenai River. Those discussions, to today, have been quite fruitful, and that's why the zoning request is before you. The City has shown a desire to rezone that property which lies, according to your map here, below the Cone property to Conservation. As you know, that's pretty much wetlands, and it would be hard to do anything with that. If the City rezones that property, the acquisition of Mr. Planning & Zoning Commission October 12, 1994 Page 2 Cone's property becomes quite more attractive, because it's the only road frontage to this property down here. Contingent on the rezone, Mr. Cone's property would then be acquired by either the EVTC, and now even F&G has expressed interest in acquiring that property. Once it's acquired the property goes into the DNR's hands. The DNR, it's sort of complex, so I'll try to walk you through it and then I'll answer some questions, has expressed an interest in granting to the City of Kenai, sufficient funds to establish a park on this site. The park would be a new type of park for the Kenai River in that it would not encourage access to the river, but provide an interpretive site, so people could enjoy the river, view the wildlife and the lands out here, without actually getting out and damaging the river bank. The interest is having it be an interpretive and education site, so people could learn about the sport fishery and the commercial fishery, the wildlife that is common to that area and most importantly how critical the habitat along the Kenai River is. So the City of Kenai would end up with a park, which I think would be a very nice feature for the City. And, also the working with the State agencies along the river, to show that they're in fact, interesting in working to protect the river, which as you are all aware, is a growing concern for policy makers at all levels. I obviously support this resolution and would like the commission to support it. This is only one small step along the path we are taking in working with these people. I believe it meets the objectives of the property that you supported acquisition of several months ago, would not sit idle. It introduces some new features which I think are attractive to the Commission. And that is, it will establish the City of Kenai as a leader in progressive land use along the Kenai River as well as establish a model working relationship between the City, State agencies and private land owners on how to address a really important issue for the whole City of Kenai and the people in the community at large and that is protection of a critical area. That's a lot of information real quickly, if you have questions I would be glad to answer them for you, if I could clarify anything. Vice Chair Glick, questions? Councilman Smalley, a question as a Councilman, and again, I am not a voting member of this body, on the rezone that the city would be contemplating you made a comment that the trust council, contingent upon this rezone the city property would look more favorably upon the purchase of the Cone property and would look more favorable on the grant that the city has applied for, for this interpretative site. Is the EVTC and the State going to put that in writing? Planning & Zoning Commission October 12, 1994 Page 3 Jim Butler, someone from DNR is here and I'll let them address DNR specifically. I haven't had the opportunity to look at the resolution that's before you but I'd like to say, if possible, it would be constructive to draft it loose enough, so if the property is acquired by F&G or the EVTC, the rezone would go forward. What we're finding out through this process there might be other options for Mr. Cone. Especially since the City's stepped into the situation and expressed interest in working with state agencies. I think that the rezone is a rather simple step on property that, you know, between people who are very experienced in this, is not going to be developed anyway. It's real wet ground down there, and as you are probably aware the lower part of the Cone tract drops off to where the wetlands start and all this area is considered critical habitat. For the city to do anything, I think it would pretty tough to do anything. Whether the rezone is contingent on the acquisition or not, I think that is something the Council will be involved in negotiating with the state. We've been working, I think, pretty constructively with the Administration on trying to set up that framework loose enough so that as the deal takes shape we'll be able to put something together. I don't know if that answers your question Mr. Councilman, it was sort of around the point, but like I said, we've got parks here and I'll let you put them on the spot. Are there any other questions? Vice Chair Glick, are there any other questions for Mr. Butler, okay, thank you. Susanne Fisler, Box 366 Kasilof Alaska, I work for the State Division of Parks and Outdoor Recreation (DOP/OR). I'm the Kenai River District Ranger. I have worked on the Kenai River for close to 17 years now, and I've seen several differently proposals come before the City Council on behalf of Chester Cone. Different development proposals, both involving the City of Mr. Cone, wanting to do something on his own. And he's been met on all corners from the agencies with firm "no's" regarding the types of development that he has proposed to put on his property. In working with Mr. Butler and Mr. Cone on this whole proposal this has been the first time I've actually seen many of the agencies that were saying "no" excited about doing something positive with the property. And it presents an opportunity for all of us to do the right thing of the river. As you know, the DOP is being held to the fire a lot lately for the shape our properties are in, and the public access that we're providing and yet not protecting the river. The DF&G has been put to the fire also for purchasing property for public access and yet they're supposed to be managing our resources, to the benefit of the resources. And so, we've all been looking for ways that we can all work together to do something right for the river and this piece of property presents that for us. Planning & Zoning Commission October 12, 1994 Page 4 To answer Councilman Smalley's question directly, unfortunately for me and for DNR the Exxon Valdez funds are administered by a Trustee Council and I cannot guarantee what the EVTC will or won't do. Certainly the rezone of the 100 acres would make it more attractive and offer a future expansion of the boardwalk in the future, and educational facilities that are proposed. The DNR strongly supports this project as proposed. The DOP Habitat Division are very excited about the project also. And, again I've been in one meeting with the Mayor and with all the different players that were involved and it seems to be a real exciting step to provide something to the people of Kenai, also that would be a benefit to the residents as well as the visitors that come to the state. It would be a year round facility available to them. Are there any questions? Vice Chair, are there any questions? I guess not, thank you. Is there anybody else in the audience who would like to speak to the rezoning of this property? Seeing none I bring it back to the Commission. END PUBLIC HEARING***END VERBATIM MOTION: PHIL BRYSON MOVED APPROVAL OF RESOLUTION PZ 9450 REZONING OF THIS PARCEL OF LAND. BILL TOPPA SECONDED. DISCUSSION Ron Goecke said it looked like the City was taking a piece of property and basically giving it to the State for their wishes and desires without anything being put on the table as far as what they are going to do in return for Kenai. I would like to postpone this thing until a time when the State says, this is what we propose to do and we would like to do this and do that, in turn this is what we would like to do for you. Right now we are handing over 500 acres of land without anything in return. I have a real problem with that. Phil Bryson said he didn't believe there was any property transfer involved in the rezoning action. The rezoned property will remain the property of the city. Planning & Zoning Commission October 12, 1994 Page 5 Teresa Werner-Quade said currently the property is zoned rural residential (RR). It is obviously not being used for RR purpose, or will be in the future. The proposal is to rezone to Conservation (C) which actually fits the status of the land currently and in the future. It is primarily wetlands in that area. Phil Bryson read the portion from the code on Conservation: The C-zone is intended to apply to areas which should be preserved primarily as open areas and as watersheds and wildlife reserves ... It is intended that this zone shall apply mainly to publicly owned lands. Bryson felt this property clearly fit this definition. Vice Chair Glick asked for further discussion, seeing and hearing none he called for the question. VOTE Resolution PZ 94-50: Bryson Goecke Toppa Werner-Quade McComsey Glick Walker YES NO YES YES ABSENT YES ABSENT MOTION PASSED BY MAJORITY VOTE. OYES & 1-NO & 2 Absent 6. NEW BUSINESS Vice Chair Glick noted the memo in the packet. The Council meeting for November 16th was changed to the 23rd due to the AML Conference. Since November 23rd was the regular date for P&Z staff wanted the Commission to reschedule or cancel the second meeting in November pending a lack of agenda items. Phil Bryson moved the meeting be cancelled if there are no significant agenda items. The Commission concurred. Jack La Shot suggested if there were significant agenda items the Commission could meet at 6:00 p.m., before the Council meeting. The Commission concurred. The P&Z meeting for November 23rd is cancelled unless there are significant agenda items. 7. OLD BUSINESS Planning & Zoning Commission October 12, 1994 Page 6 8. CODE ENFORCEMENT ITEMS a. Letter to AAA Taxi Jack La Shot said he had spoken with Mr. Hibbert and although a complaint has been filed La Shot felt his business was within the guidelines of his permit at this time. 9. REPORTS a. City Council Councilman Smalley said there were people present at the last Council meeting who wished to address the possibility of Halfway houses within the city. Mayor Williams relayed to them, there were channels the proposed projects would need to go through before they reached the Council level. The halfway house on Mission has been pulled because the state is no longer interested in Kenai as a place to house prisoners. La Shot said the other applicant, off Spruce wished to proceed with the process. There is an advertisement running in the paper regarding what the city is doing, this has had a good response in the past. The Council has set a meeting to review Goals & Objectives for November 1st. The City bought a square on a Kenai Monopoly game. Kenai Junior Achievement is developing the game which will be developed for resale. Ron Goecke asked about the Inlet Woods settlement. Smalley said it has not been settled, but the City Attorney and McLane's attorney are working to resolve this conflict. b. Borough Planning Commission Phil Bryson reported that Unocal is preparing a video addressing disaster training, specifically geared toward the North Road area. The video will be circulated to various groups that wish to show it and also Unocal is preparing a safety packet to distribute, mainly in the North Kenai area. The Oil and Gas Lease has been modified and the public hearing process has been rescheduled to next year. Planning & Zoning Commission October 12, 1994 Page 7 Property was rezoned to resource extraction and then it was determined that the intent was management of timber resources, subsequently the ordinance was modified to define the use as resource management. Iola Subdivision was the only plat specific within the City of Kenai. Carl Glick asked if the staff comments were incorporated regarding the streets. Bryson said he thought it was 50 feet. c. Administration Jack La Shot reported the city is beginning to allow the residents in Thompson Park to tie into the water and sewer lines. Normally when water and sewer becomes available to an area that area is rezoned Suburban Residential. This allows for smaller lot sizes, since the DEC requirement of 40,000 sf for on site septic and well is no longer needed. La Shot suggested the Commission might wish to address rezoning portions of Thompson Park at the next meeting. The Commission concurred. La Shot asked if there were comments on the Kenai River Overlay District. Bryson said he had requested this be included in the packet and he said if the Commission had comments he would be glad to pass those on. Glick said the ordinance has been introduced to the Assembly but no public hearings have been scheduled. Bryson noted a work session has been set on October 22nd at 9:00 a.m., at the Borough to discuss this ordinance. d. Historic District Board Loretta Harvey reported this meeting was cancelled because the applicant pulled the perm it. 10. PERSONS PRESENT NOT SCHEDULED Vice Chair Glick asked if there were persons present who wished to address the Commission? There were none. 11. INFORMATION ITEMS a. Kenai Peninsula Borough Ordinance 94-52: Establishing the Kenai River Overlay District b. Memorandum Regarding Kenai Transfer Site Planning & Zoning Commission October 12, 1994 Page 8 Jack La Shot reported the work was in progress the Borough has worked with the neighbors to correct the problems they had with the buffer. 12. COMMISSION COMMENTS & QUESTIONS Teresa Werner Quade said she had talked to K&O towing about crushing a car. The owner has said they will call people in Kenai when the crusher arrives. Councilman Smalley officially welcomed Bill Toppa to the Commission. Teresa Werner-Quade said Mayor Williams had been on the news the previous evening regarding the bluff erosion on Mission Street. Quade thought the Mayor did a great job representing the city. Ron Goecke asked if the Council had addressed this issue? Councilman Smalley said this has been addressed several times. That portion of the bluff is basically at nature's mercy. The Corp of Engineers are ultimately responsible for this problem, but the cost is so high it is not feasible. There is not enough money allocated in the state to correct this problem. 13. ADJOURNMENT There being no further business Ron Goecke moved to adjourn. The meeting was adjourned at approximately 7:50 p.m. Respectfully submitted, Hhireif/Administrative Assistant Planning & Zoning Commission October 12, 1994 Page 9 City of Kenai, Alaska PLANNING AND ZONING COMMISSION **AGENDA** October 26, 1994 - 7:00 p.m. Chairman Kevin Walker 1. ROLL CALL 2. APPROVAL OF AGENDA D_� 210 Fidalgo, Suite i:�uu Wallingford Add. House a. Resolution PZ 94-52f:-Land scaping/Site Plan Review - WisnewsKi b. KPB Ord inance:94-52: Xenai River Overlay District c...Suggested KMC Addition - Regarding Quasi -Institutional Houses 7. OLD BUSINESS a. City Council .............. .............. b. Borough Planning c. Administration d. Historic District Board 10. PERSONS PRESENT NOT SCHEDULED 11. INFORMATION ITEMS 1. Baron Park S/D No. 9 2. Iola S/D 12. COMMISSION COMMENTS & QUESTIONS 13. ADJOURNMENT City of Kenai, Alaska 210 Fidalgo, Suite 200 PLANNING AND ZONING COMMISSION **MINUTES** October 26, 1994 - 7:00 p.m. Chairman Kevin Walker 1. ROLL CALL Members present: Phil Bryson, Carl Glick, Ron Goecke, Bill Toppa, Lori McComsey, Teresa Werner-Quade, Kevin Walker Also present: Councilman Hal Smalley, City Engineer Jack La Shot, City Clerk Carol Freas Chairman Walker invited the Mayor to swear in Bill Toppa. The Mayor welcomed Toppa to the Commission and issued the oath of office. 2. APPROVAL OF AGENDA MOTION AND VOTE: CARL GLICK REQUESTED THAT ITEM NUMBER 5, (CONDITIONAL USE PERMIT FOR HALFWAY HOUSE), BE MOVED UP ON THE AGENDA, TO BETWEEN 3 AND 4, DUE TO THE LARGE NUMBER OF PEOPLE IN ATTENDANCE THAT WISHED TO ADDRESS THE ISSUE. GLICK ASKED THE AGENDA BE APPROVED AS AMENDED. PHIL BRYSON SECONDED. GLICK ASKED FOR UNANIMOUS CONSENT. AGENDA PASSED BY UNANIMOUS CONSENT. 3. APPROVAL OF MINUTES October 12, 1994 MOTION AND VOTE: CARL GLICK MOVED FOR THE APPROVAL OF THE MINUTES FOR OCTOBER 12, 1994. RON GOECKE SECONDED AND ASKED FOR UNANIMOUS CONSENT. MINUTES PASSED BY UNANIMOUS CONSENT. 4. PUBLIC HEARINGS a. Resolution PZ 94-51: Conditional Use Permit - Halfway House Chairman Walker introduced the item and asked the pleasure of the Commission. Kenai Planning & Zoning Commission October 26, 1994 Page 1 MOTION: CARL GLICK MOVED FOR APPROVAL OF RESOLUTION PZ 94-51. LORI MCCOMSEY SECONDED. Chairman Walker opened the item to public hearing and asked if there were members of the public who wished to speak? PUBLIC HEARING: Carl Helton, 1214 Fourth Avenue, said his wife and he were real concerned about this resolution. It seems that halfway houses don't have a real good record. One of their main concerns is, there are no street lights. The closest street light is over on Birch. First, Second, Third, and Fourth on Birch have light, the next light is on Fourth up at Forest Drive. It's real dark in there, there's a lot of children. Mr. Helton read a letter he and his wife had sent to the City (attachment 1) into the record and thanked the Commission. Patrick Geraci, 311 Cindy Circle, said he lived directly behind the proposed four- plexes. He presented a petition to the Commission. Geraci said the names on this petition were gathered from Anchor Trailer Court to Fifth Avenue, from Spruce until Floatplane Lake Road there. There were only two people who did not want to sign the petition. Everybody else said the same thing, they felt insecure with something like this coming into our neighborhood. Geraci has a seven year old son, and his wife is a den mother for Cub Scouts. His friends and people in the Cub Scout troop have told him they would feel insecure with their children coming over to play with his child, or having any den meetings with something like this in the area. If this halfway house is approved he said he would be forced to leave Kenai, sell his home and take a loss. His family was more important than his job or my home. He was opposed to the halfway house. Brian Templeton, 1209 4th Ave, didn't agree with this halfway house either. He has three girls at home and he felt the only suitable halfway house is Wildwood. It's a good neighborhood, everybody looks out for themselves, until somebody needs help, and like other people said there are a lot of kids in the neighborhood there's a lot of kids waiting for buses in the morning. His main concern was the children. Sears Elementary is on Forest Drive, and there's a lot of little kids that travel, not just during school, but on the weekends they are going down to the park. There's a little park at the end of Fourth Avenue there, and that lot right next to me, at the current time is vacant, there's a lot of kids that play football there. He felt this is the stupidest thing he had ever seen in a residential area. Ron Rifredi, 408 Birch said he shared the same concern of the people who spoke so Kenai Planning & Zoning Commission October 26, 1994 Page 2 far. He said he had young children and lived less than a block away from the proposed site. He thought the Wildwood Prison which does a lot for the economy of the area, has been through some political in -fighting in the past. He was opposed to the permit. Rick Sitbon, 112 Haida, said rather or not people like it, criminals are going to be released in this community. Halfway houses are a reality because these people need a transition, but this community is not conducive to a halfway house. There is no mode of transportation for these people to go and find work, there's already high unemployment, and of course, there is concern for the security of the community. We have a prison that is set to expand, do we want to be known as a prison community or a family community? He felt the citizens don't want, and don't need a halfway house. He urged the Commission not to approve it. Richard Warrington, 313 Cindy Circle opposed a halfway house in his backyard. He complained the owners of the property were leaving a dumpster in his leeway. His fence has been pushed in when they plow their snow out of the parking lot. Warrington passed a map of his property out to the Commission and asked if he still needed to have the leeway? Does the gas or electric still, do I still need to give up that ten feet for the gas and electricity? Chairman Walker, said this should be addressed at a different time. It would be his interpretation if it's on your property you would need to retain it. Gina Samuel, 1208 4th avenue, in Kenai said she and her husband were opposed to the halfway house going in. There will not be just misdemeanors going to the halfway house. The majority of the people that will be released to the halfway house in this area are felons. We're talking about burglars, thieves, druggies and sure there are going to be some DWI's and people driving with their license suspended and stuff, but the bulk of these people are felons, not misdemeanors. She didn't want those people in my back yard. There are a lot of children in that neighborhood and she didn't think it's the right place for it. Sometimes in the middle of the night halfway house residents walk away when they're supposedly at their job. If they want to put a halfway house in this area, and that is what may happen, put it someplace out of a residential area. Don't put it three blocks down the street from Sears Elementary. Samuel noted an article in the Anchorage paper which stated the guy that supposedly confessed to killing Joe Vogler had been in a halfway house. She read from the paper, "the court in Anchorage is holding this regional center for Alcohol and other additions in contempt of court, and I'll just read a paragraph here for you: "A court order said that if West (that's the man that confessed to killing Vogler) was released from a program he was to be returned to jail immediately. But court documents show it was about a week before authorities were informed that West was free." She said Kenai Planning & Zoning Commission October 26, 1994 Page 3 the prison gets bulletins all the time about the walkaways from the halfway houses in Anchorage. What in the world do people think is gonna happen down here? They'll walk away down here just like they walk away up there. She strongly urged the Commission, to not let the halfway house go in on Spruce. (applause) Mary Lopez, 406 Evergreen, objected to the halfway house. Chairman Walker, thank you. Would the next person please come forward. Karen Ruebsamen, P.O. Box 2909, Beaverloop Road. She does not live in area but would not be opposed to the halfway house. She felt such a place would benefit Kenai, and felt it was needed to help criminals reenter society. The people need to learn to function in society and to work back into family situations. These people are coming back into society regardless of whether they come through a halfway house. We need to give these people a smooth transition back to their families. Tom Rohn, 310 Cindy Circle, has lived there for 12 years. They like the neighborhood being close to the school and the convenience of living close to stores, etc. He opposed the halfway house because it would bring in people who were not desirable. Gus Rodes, 207 Birch Street, thought the woman who spoke (Ruebsamen) had a good point, the people from Wildwood need to be recycled back into the community, but, if she likes them so much, why don't we put the halfway house next to her on Beaverloop Road (applause). Chairman Walker advised the speaker to address the item on the table. Gus Rodes stated there were a lot more children in the area since he moved in. The halfway house will bring in an undesirable element into the neighborhood and he is opposed to this. Denise O'Connell, 505 Pine Street, said she doesn't live real close to the area but her children play near that area. She works at Wildwood and knows the type of people that will be in the halfway house so she was opposed to this. James Meek 411 Birch, said he had three kids and he lives near the proposed halfway house. He felt the felons were manipulative opportunists and it was just a matter of time before something happen to a child. He was opposed to the CUP. John Coon, said he was a 25 year resident of Alaska. He owned property near the Kenai Planning & Zoning Commission October 26, 1994 Page 4 site and he has grandchildren that attend the school near the site. He had compassion for the prisoners but did not feel they needed to be in a residential neighborhood. Gary Hinkle, K-Beach Road, felt the people the group was talking about are on the streets now. He asked the residents to think of this from a different prospective, the people are on the streets without the benefit of a halfway house. Hinkle volunteers at Wildwood, because the number of visits a person has in prison is related to their success ratio after they are released. These people need to be able to readjust to society. Hinkle said he understood the public's concerns but felt Kenai would be safer with a halfway house then it is now. The statistics show that prisoners who reenter society through halfway houses have a better chance of not returning to prison. These people are in the community, and the community needs a halfway house. Cameron Dockery, a local minister wished to support the halfway house. The halfway house is not for money, he said his way of thinking about prisoners has been changed. His church helped a convict that had been released and is doing well working as a legal secretary. The problem is going to get worse unless the community bans together to make it better. Karen Mahurin, 311 Aspen, wanted to make a point that had been missed. Mr. Pruitt, head of corrections, had recently been to Kenai and said that no halfway houses are planned in Kenai, at this time. She felt this was a moot point and discussion at this time seemed fruitless. She felt that it would not be proper for the Commission to approve a CUP for a project that may never happen. The suburban residential area does not allow this type of development. Mahurin did not feel the permit should be granted and asked the Commission to vote against the halfway house. Ike Rediske, 310 Cindy Circle, opposed the halfway house because he felt they did not belong in a residential neighborhood. Michael Mishou, 531 Ash, stated he had mixed feelings about the halfway house being in that neighborhood. He said he had worked at a counseling center and reported there is a sizable number of mentally ill people in the area. A large percentage of these people have done time for various crimes. When released into the community there recidivism rate is low if they are allowed to reenter society with help. He felt it was important the community accept some responsibility for prisoners reentering society. Whether the location is appropriate is not the issue it's whether the community has a responsibility to help these people is the issue. He urged the Commission to not grant the permit in such a heavily populated area. Kenai Planning & Zoning Commission October 26, 1994 Page 5 Teresa Connolly, 1314 4th Avenue, has lived in the area about a year. Crime has touched the local community in recent years and there are more criminals in the area. The halfway house is a good idea but not in a residential community. Neal Hayes, owner of four-plexes on Spruce. He said he didn't know there was a problem with his dumpster, if someone would have said something to him he would have fixed the problem. Hayes said he has a son that's in jail and from what Hayes has learned about the prison system he wished to try and start a halfway house. Research has shown that criminals do better if they are slowly reacclimated to society. By definition a halfway house should be located in a residential area. If there is no halfway house the criminals will be released in the area with a few dollars in their pockets, and no help to rehabilitate. (From the audience) What kind of security will be provided for the neighborhood? Hayes these people will be monitored 24 hours a day. They will be counted 16 times a day. If anybody was in a halfway house and wanted to escape they wouldn't stay in the area. Gina Samuel, said she works at Wildwood, and has been there nine years. When people go to prison, they made a choice to break the law. She is not against the halfway house, there are old apartment houses at Wildwood that can be used where there would be security. She said to put them somewhere, but not in a residential area. (applause) Chairman Walker asked if anyone else wished to comment on this issue? Seeing and hearing none he brought the item back to the Commission for discussion. DISCUSSION: Teresa Werner-Quade said she agreed the community might need a halfway house but she was opposed to the location due to the proximity of Sears Elementary school. (applause) Councilman Smalley requested that the records reflect the two items on the table at the meeting which expressed opposition: the memo from the Clerk regarding a call she had received from Mr. Isham, 1210 Fourth Ave, and the letter from Jacquie Imle, Sears Elementary Principal. Chairman Walker said he appreciated the people who spoke out this evening and said he agreed with their concerns and believed this was an inappropriate place for such a halfway house, at this time. Walker asked for a roll call vote. Kenai Planning & Zoning Commission October 26, 1994 Page 6 VOTE Resolution PZ 94-51: Bryson Goecke Toppa Werner-Quade McComsey Glick Walker NO NO NO NO NO NO NO MOTION FAILED UNANIMOUSLY. Chairman Walker said this CUP is denied, ladies and gentlemen thank you very much (loud applause). Walker explained to the people that Mr. Hayes can appeal the decision to City Council. A lady from the audience thanked the Commission for their time and hearing the communities testimony. Chairman Walker requested a brief break before continuing with agenda items. 5. PLANNING a. Resolution PZ 94-53: Preliminary Plat Thompson Park - Wallingford Add. MOTION: PHIL BRYSON MOVED FOR APPROVAL OF RESOLUTION PZ 94-53 THOMPSON PARK-WALLINGFORD ADDITION. RON GOECKE SECONDED. Chairman Walker asked if there were persons present who wished to address this item Seeing and hearing none he brought it back to the Commission. DISCUSSION: Phil Bryson asked for Staff to comment on the situation regarding the lots. Jack La Shot stated there are presently three lots, and the owner wishes to eliminate the two inner lot lines to form one large lot. The existing lots are about 12,500 feet which is really non -conforming in the present Rural Residential (RR) zone. By eliminating the lot lines the lot size will be at 37,415. Since there is city water and sewer the minimum lot size is 20,000 s.f., so the lot size would conform to the RR zone. The city is planning to rezone this area to Suburban Residential (RS), thus allowing for 7,200 s.f. minimum lot size. Kenai Planning & Zoning Commission October 26, 1994 Page 7 VOTE Resolution PZ 94-53: Bryson Goecke Toppa Werner-Quade McComsey Glick Walker YES YES YES YES YES YES YES MOTION PASSED UNANIMOUSLY. 6. NEW BUSINESS a. Resolution PZ 94-52: Landscaping/Site Plan Review - Wisnewski MOTION: RON GOECKE MOVED FOR APPROVAL OF RESOLUTION PZ 94-5 LANDSCAPING SITEIPLAN REVIEW-WISNEWSKI. PHIL BRYSON SECONDED. There was no discussion so Chairman Walker called for the question. VOTE Resolution PZ 94-53: Bryson Goecke IToppa Werner-Quade McComsey Glick Walker YES YES YES YES YES YES YES MOTION PASSED UNANIMOUSLY. b. KPB Ordinance 94-52: Kenai River Overlay District MOTION: CARL GLICK MOVED THAT THE COMMISSION SHOULD RULE AGAINST THIS AS THE CITY ALREADY HAS ZONING POWERS, AND THIS ITEM SHOULD BE PASSED ON TO COUNCIL. RON GOECKE SECONDED. Chairman Walker noted a motion should be made in the affirmative and asked the motion be restated. Carl Glick agreed. Kenai Planning & Zoning Commission October 26, 1994 Page 8 Phil Bryson went to a work session regarding this issue and there will be several more before the issue is resolved. He felt it was important for the city to take a stand on this item, whether they agreed, or not. The Ordinance is wide, and greatly effects the city, which has approximately 20 miles of river frontage that would be effected, this would amount to about 6,000 acres of land within the city. Within the buffer zone, 50- 80% is private property, which is good, readily developable property. He felt the city should take a stand early in the process so the group will be aware of the city's stand during the process. RESTATED MOTION: CARL GLICK MOVED TO APPROVE A RESOLUTION STRONGLY OPPOSING KPB ORDINANCE 94-52 WITHIN THE CITY LIMITS OF KENAI. RON GOECKE CONCURRED. Gus Rodes said he was not sure what the ordinance was but the Borough got rid of its zoning powers because it could not control the area. If this Ordinance passes there will be regulating powers for the same area. He felt the city should be the sole zoning authority within the City. Phil Bryson noted that it would be beneficial to have a work session between the Commission and Council to discuss this project. The City may wish to address certain features of the Ordinance, there may be some restrictions the City may concur with and there needs to be discussion on those issues. Councilman Measles voiced his concern that this was a knee jerk reaction to the recent negative publicity regarding the Kenai River. This seems to be the "in" thing to do. This Ordinance does not address the main problems with the Kenai River. It creates two layers of zoning and he felt anyone with an interest in the river should attend the work sessions. The Ordinance is vague at this point, and leaves a lot open to interpretation. He agreed the city should take a stand, but it needed to be an informed stand. Chairman Walker said he would support the resolution because he felt an extra layer of zoning along the river is not needed. The Ordinance is also quite anti -development. Kenai Planning & Zoning Commission October 26, 1994 Page 9 MOTION: PHIL BRYSON MOVED TO TABLE. CARL GLICK SECONDED. VOTE KPB ORDINANCE 94-52 MOTION TO TABLE: Bryson Goecke Toppa Werner-Quade McComsey Glick Walker YES YES YES YES YES YES NO MOTION TABLED. Phil Bryson requested the secretary attempt to schedule a work session with Council regarding this issue. c. Suggested KMC Addition - Regarding Quasi -Institutional Houses Chairman Walker asked if there were Commissioners that wished to address this item. Councilman Smalley felt this item would be addressed in the future. According to the testimony there is a state law for such a facility to be in a residential zone. He felt it was something the city will have to address, one way or another. Chairman Walker noted the public does not appear to want a halfway house within the city limits. He felt the public should bring forth such an item, not the Commission. 7. OLD BUSINESS 8. CODE ENFORCEMENT ITEMS a. Salvador/Junk Cars Jack La Shot noted the letter from the City Attorney and the pictures of the Salvador property. La Shot has talked to the owner and he said they plan to fix up the bus and move it at a future time. 9. REPORTS a. City Council Councilman Smalley reported that the October 4th election had been certified by Council. Ray Measles was once again appointed Vice Mayor. Kenai Planning & Zoning Commission October 26, 1994 Page 10 Dorothy Gray from the Historic District Board had addressed the Council regarding creation of a 5-10 year preservation plan. Gray had requested a work session with the Commission and Council to prepare such a plan. Courthouse contaminated soils project was discussed. The contractor has run out of time to complete the remediation and they requested an extension from the city and to transport the soil to another place until spring. The City did not want to take responsibility for this and voted against the request. The Kenai Peninsula Caucus projects which were sent to Juneau were met with resounding disgust. Items the City felt were important were not included on the list. Smalley thought the Council would want to hold a work session on the Kenai River Ordinance but the meeting schedule is tight in November or December due to the holidays. Smalley asked if the Commission would like to schedule a work session for the second meeting in November. Chairman Walker noted the meeting in November may be cancelled unless there were agenda items. If there are items the Commission will meet at 6:00 p.m. before the Council meeting. Kenai Air has been permitted to park on an additional area near their facility. This will give them more space for their employees, etc. The Inlet Wood settlement was close to being concluded. In the settlement the City would receive additional properties outside of the City which was part of the settlement in addition to properties in Inlet Woods. There will still be a slight loss of revenues to the City. AML will be held in Juneau the week of November 14th-19th. b. Borough Planning Phil Bryson reported on agenda items. A time extension for Baron Park No. 9 was approved. Public hearing items of interest was a presentation concerning commercial fishing in Cook Inlet. The specific impact of fishing in regards to the gas leases was addressed. The Commission also addressed the proposed Ordinance 94-52. It appears the Assembly is feeling very possessive about this Ordinance. It appeared they wanted to exclude anyone other then Assembly members from the work session regarding this Ordinance. Kenai Planning & Zoning Commission October 26, 1994 Page 11 Chiniak Part Two plat was approved. c. Administration Jack La Shot reported the Historic Board had a meeting and had reviewed ornamental lighting for the Old Town area. They decided to postpone a decision on this lighting until the plans are further developed for the Old Town area. The Board also discussed the outline of an Historic Preservation Plan which is the last item they need for the City to become a Certified Local Government (CLG). They have a grant they wish to apply for which requires the City to be a CLG. La Shot said the rezone for Thompson Park will come before the Commission at the November 9th meeting. d. Historic District Board 10. PERSONS PRESENT NOT SCHEDULED 11. INFORMATION ITEMS 1. Baron Park S/D No. 9 Councilman Bannock noted there was a mix up between the property owner and the surveyor on this item. 2. Iola S/D 12. COMMISSION COMMENTS & QUESTIONS There were no Commissioner comments. 13. ADJOURNMENT There being no further business Ron Goecke moved to adjourn. The meeting was adjourned at approximately 9:15 p.m. Respectfully submitted, oretO*Rrvey for Carol Freas Kenai Planning & Zoning Commission October 26, 1994 Page 12 U-� City of Kenai, Alaska 210 Fidalgo, Suit PLANNING AND ZONING COMMISSION *Amended**AGENDA** November 9, 1994 - 7:00 p.m. Chairman Kevin Walker 1. ROLL CALL 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES 4. PLANNING a. Resolution PZ 94-57: *b. Resolution.: PZ 94-59: 5. PUBLIC HEARINGS:: a. Resolution PZ 94 54: b. Resolution PZ 94-55: c..... Resolution PZ 94-56: October 26, 1994 Prelimine.ry Plat - Deepwood.Park No. 2 Prelimtnary Plat - Leo T. Oberts Part 3 Encroachment Permit . 1008 Kaknu Way - Stephen & Rosa Crites Conditional Use Permit - Alaska Gift & Gallery Robert Cutler - 1188B"Kenai Spur Highway Rezoning - Portions of Thompson Park 6. NEW BUSINESS a. Resolution PZ 94-58: KMC Code Change - Platting Procedure 7. OLD BUSINESS 8. CODE ENFORCEMENT ITEMS a. Illegal RV Trailer - Lot 4, Block 8 Valhalla Heights 9. REPORTS a. City Council b. Borough Planning c. Administration 10. PERSONS PRESENT NOT SCHEDULED 11. INFORMATION ITEMS 12. COMMISSION COMMENTS & QUESTIONS City of Kenai, Alaska 210 Fidalgo, Suite 200 PLANNING AND ZONING COMMISSION **MINUTES** November 9, 1994 - 7:00 p.m. Chairman Kevin Walker 1. ROLL CALL Members present: Phil Bryson, Ron Goecke, Lori McComsey, Bill Toppa, Teresa Werner-Quade, Kevin Walker Members absent: Carl Glick Also present: Councilman Hal Smalley; Jack La Shot, City Engineer; Loretta Harvey, Administrative Assistant 2. APPROVAL OF AGENDA Staff requested an addition to the agenda under 4b. Preliminary Plat Leo T. Oberts Subdivision. Phil Bryson said he would be abstaining from this item as his company was working on this project. MOTION AND VOTE: RON GOECKE MOVED APPROVAL OF AGENDA AS AMENDED AND ASKED FOR UNANIMOUS CONSENT. BILL TOPPA SECONDED. AMENDED AGENDA APPROVED BY UNANIMOUS CONSENT. 3. APPROVAL OF MINUTES October 26, 1994 MOTION AND VOTE: TERESA WERNER-QUADE MOVED APPROVAL OF MINUTES AS PRESENTED AND ASKED FOR UNANIMOUS CONSENT. PHIL BRYSON SECONDED. MINUTES APPROVED BY UNANIMOUS CONSENT. Planning & Zoning Commission November 9, 1994 Page 1 4. PLANNING a. Resolution PZ 94-57: Preliminary Plat - Deepwood Park No. 2 MOTION: PHIL BRYSON MOVED TO APPROVE RESOLUTION PZ 94-57. RON GOECKE SECONDED. Chairman Walker asked for staff comments. Jack La Shot reported that this is related to an item the Commission has seen before. The plat takes lot 7,8,9 of Lot 2 Deepwood Park Subdivision and resubdivides it into three different size lots. This eliminates an existing encroachment. Chairman Walker asked for public comment, seeing and hearing none he brought it back to the Commission. Phil Bryson asked what the proposed distance from the property line was? "Fifteen feet" from the surveyor, Scott McLane. There were no further comments, so Chairman Walker asked for a roll call vote. VOTE Resolution PZ 94-57: Bryson Goecke Toppa Werner-Quade McComsey Glick Walker YES YES YES YES YES ABSENT YES MOTION PASSED UNANIMOUSLY. b. Resolution PZ 94-59: Preliminary Plat - Leo T. Oberts Part 3. Chairman Walker introduced the item and asked the pleasure of the Commission. MOTION: TERESA WERNER-QUADE MOVED APPROVAL OF RESOLUTION PZ 94-59. LORI MCCOMSEY SECONDED. Chairman Walker asked for staff comments. Planning & Zoning Commission November 9, 1994 Page 2 Jack La Shot reported that this would be a rural residential subdivision. The City would require an installation agreement for streets and drainage. Ron Goecke asked how wide the streets would be? La Shot answered 60' ROW with 50' radius cul-de-sacs. Chairman Walker asked if there was any public comment. Seeing and hearing none he brought it back to the Commission. Ron Goecke expressed concern that this item was hand carried to the Commission, because he would like to review the property before voting. Teresa Werner-Quade said she thought cul-de-sacs are a nice addition to the subdivision. They are more conducive to families as there are less through streets. She felt the plan was very nice. Chairman Walker asked for a vote: VOTE Resolution PZ 94-59: Bryson Goecke Toppa Werner-Quade McComsey Glick Walker ABSTAIN YES YES YES YES ABSENT YES MOTION PASSED WITH ONE ABSTENTION. 5. PUBLIC HEARINGS a. Resolution PZ 94-54: Encroachment Permit - 1008 Kaknu Way - Stephen & Rosa Crites Chairman Walker introduced the item and asked the pleasure of the Commission. MOTION: RON GOECKE MOVED APPROVAL OF PZ 94-54. TERESA WERNER-QUADE SECONDED. Planning & Zoning Commission November 9, 1994 Page 3 Jack La Shot reported the owners converted an outside stairway into an Arctic entry. This created a 3' encroachment into the 25' front yard setback. A sale is pending on this property. Chairman Walker asked for public comment. Seeing and hearing none he brought it back to the Commission for discussion. There was no discussion. VOTE Resolution PZ 94-54: Bryson Goecke Toppa Werner-Quade McComsey I Glick Walker YES YES YES YES YES ABSENT YES MOTION PASSED UNANIMOUSLY. b. Resolution PZ 94-55: Conditional Use Permit - Alaska Gift & Gallery Robert Cutler - 11888 Kenai Spur Highway MOTION: TERESA WERNER-QUADE MOVED APPROVAL OF PZ 94-55. LORI MCCOMSEY SECONDED. Jack La Shot reported the permit was for selling of specialty wood products. This would include some outdoor storage and sawing. The owner had indicted that he would place a fence for screening along the highway. Staffs' only concern was that the noise from the saw might disturb the neighboring businesses. Kenai Supply has a similar operation and is a neighboring business. Chairman Walker asked for public comment. PUBLIC HEARING: Robert Cutler, applicant said he would be sawing on the site but the saw is extremely quiet. He said he wants to promote Alaskan wood. Bill Toppa asked if there would fencing. Cutler said he would be fencing for security. Also the saw can be secured, so people could not tamper with the saw. Planning & Zoning Commission November 9, 1994 Page 4 Chairman Walker noted that some neighbors had expressed concern regarding the noise level. He asked if Cutler knew the decibel level of the saw and what hours of operation. Cutler said he didn't know, but his neighbor, who lived very close can't hear him sawing when he is outside the neighbor's home. He can carry on a conversation while sawing. Cutler said he would be working regular business hours. If there is a lot of demand he could cut from 9-9. Teresa Werner-Quade asked if the wood was for artistic purposes? She wondered if he was going to sell cord wood? Cutler said it would be for anyone who might want to carve something or create cabinets, etc. He said he didn't plan on selling cord wood but he might need to sell some of the waste for fuel wood. Werner-Quade asked if the dance studio had objections to the mill, as they would be playing music, which might be effected by the noise from the saw. Cutler said he had not spoken personally to the dance studio, but neighbors had been notified by the City. He explained that the site is behind the dance studio. There is a large cement pad, from a building that burnt down, this area is partially fenced and he would fence the remaining area. Access to the site would be from First, and also between Italian Gardens and where the dance studio is. Chairman Walker asked if the proposed fence would be site obscuring. Cutler said he would like to use some of his own products to make an attractive fence. He would like to make the front of the fence look like the front of a building. Most of the retail sales would be through the Alaska Gift & Gallery. Phil Bryson asked if the other businesses on that tract had been notified of the business. Cutler said that the other property owners didn't seem to mind. The owner of the property, Vivian Swanson, is in favor of this activity. Chairman Walker asked if there were further questions for the applicant. Seeing and hearing none he asked if others in the audience wished to testify. Planning & Zoning Commission November 9, 1994 Page 5 Larry Lowenstein, said he had dealt with the people and was very impressed with the wood. He also was impressed with how quiet the mill was. Walker asked if anyone else wished to testify. Seeing and hearing none he brought it back to the Commission. DISCUSSION: Phil Bryson noted a letter which had been sent from people off Wesbet Court, and wondered if they thought they were adjacent to the proposed site. Chairman Walker said the people owned property near the site. Ron Goecke mentioned that a guideline should be put on the type of fence used to secure the site. Goecke recommended 6 feet or taller. Phil Bryson thought it might be good to include a decibel level on noise. Chairman Walker noted the national industrial level is 85 decibels at the property line, and might be a good standard to go by. Teresa Werner-Quade expressed concern that because Cutler was not the owner of the property, he may move and leave without cleaning up the area. Chairman asked if there were any further comments on this item. Seeing and hearing none he brought it back to the Commission for a vote. VOTE Resolution PZ 94-55: Bryson Goecke Toppa Werner-Quade McComsey Glick Walker YES YES YES NO YES ABSENT YES MOTION PASSED BY MAJORITY VOTE: 5-YES 1-NO Planning & Zoning Commission November 9, 1994 Page 6 c. Resolution PZ 94-56: Rezoning - Portions of Thompson Park Chairman Walker introduced the item and asked the Commission's wishes. MOTION: RON GOECKE MOVED APPROVAL OF PZ 94-56. BILL TOPPA SECONDED. Jack La Shot, reported that the proposed rezone to Suburban Residential (RS) would allow for smaller lots. It has been common practice once water and sewer are installed to an area to give the residents a chance to rezone to RS, which would allow for smaller lots within the subdivision. The Commission could also consider other forms of the Residential zones, such as RS-1 or RS-2. The other option is not to rezone. Chairman Walker asked if there were persons who wished to speak to the item. Steve DeHart, PO Box 528, Soldotna said he was concerned about how the rezoning would effect property taxes, and what benefits the smaller lots would be. What restrictions would be put on the lots he owns? Chairman Walker said one of the reasons for the rezone is because most of the lots in Thompson Park are non -conforming for RR zone (40,000 sfm). The rezone will bring the smaller lots into conformance with RS zoning (7,200 sfm), making it easier to sell property. Jack La Shot did not think the taxes would increase as a result of a zoning change, unless someone resubdivided to create more lots. Larry Lowenstein, 120 Nevada, expressed concerns that multi -family lots would be allowed on the smaller lots in Thompson Park. He did not want the added traffic and congestion such developments bring into a neighborhood and was against the zoning change at this time. He was not opposed to duplex but wouldn't want anything larger in the zone. Phil Bryson noted the RR and RS zones, in the Land Use Table allows 3-4 family dwellings, but anything above that would require a Conditional Use Permit (CUP). In RS-1 or RS-2 you can build up to a 2 family dwelling and anything over that would require a CUP. Planning & Zoning Commission November 9, 1994 Page 7 Larry Lowenstein felt a duplex is appropriate in the zone and there are presently several there. He also expressed surprise that very few people had shown up for the public hearing and asked the Commission to delay this decision until the residents can get more information on the zoning change. Steve De Hart felt the RS-1 designation might be more appropriate because it would make it more difficult to go up from a duplex to a multi -family complex. Chairman Walker asked if there was anyone else wishing to testify. Seeing and hearing none he brought it back to the Commission. COMMISSION DISCUSSION: Phil Bryson stated RS-1 and RS-2 designations were created for the purpose of letting people have small or medium size lots without being overwhelmed by multi -family complexes. These zoning designations may be more appropriate in the area. He agreed with Mr. Lowenstein that there is no reason to rush this rezone. He was surprised more people had not shown up to address this item, and said he would support a motion to postpone action on this item. Jack La Shot said it might be appropriate to continue the public hearing to another date and include more information on this item. MOTION TO POSTPONE: PHIL BRYSON MOVED TO POSTPONE ACTION ON THE REZONE AND CONTINUE THE PUBLIC HEARING PROCESS THROUGH DECEMBER AND TO THE SECOND MEETING IN JANUARY. RON GOECKE SECONDED. Chairman Walker noted this was a non -debatable motion and called for a vote. VOTE TO POSTPONE DECISION ON - Resolution PZ 94-56: Bryson Goecke �Toppa Werner-Quade McComsey Glick Walker YES YES YES YES YES ABSENT YES MOTION PASSED UNANIMOUSLY. Planning & Zoning Commission November 9, 1994 Page 8 6. NEW BUSINESS a. Resolution PZ 94-58: KMC Code Change - Platting Procedure Jack La Shot reported this resolution would clean up the KMC to reflect the present platting procedures which the Borough adopted last spring. VOTE Resolution PZ 94-58: Bryson Goecke Toppa Werner-Quade McComsey Glick Walker YES YES YES YES YES ABSENT YES MOTION PASSED UNANIMOUSLY. 7. OLD BUSINESS 8. CODE ENFORCEMENT ITEMS a. Illegal RV Trailer - Lot 4, Block 8 Valhalla Heights Loretta Harvey reported the owner of the property has contacted her and stated people are trespassing on this property. He would like the City to take action on getting this trailer off the property. Jack La Shot said he would call Karen Olsen, K&O Towing regarding the junk vehicles around town. At one time she had said she would pick up these cars, but is not doing this and he would like to know what her future plans are for the car crusher. 9. REPORTS a. City Council Hal Smalley reported on agenda items including: CIP Projects: A Work Session has been scheduled for November 22, at 7:00 p.m. to discuss the CIP list. He invited the Commission to attend that meeting. Planning & Zoning Commission November 9, 1994 Page 9 Contaminated soils at Courthouse: The Contractor, Steve Miles, explained that the remediation was slowed because they ran into some heavier fuel than expected. The Council felt the contract had given a completion of project date and since the time was exceeded, the Council has withheld final payment of this contract. Miles has been asked to submit more information to the Council at the November 23rd meeting. Lobbyist: Council hired Ashley Reid to lobby for the City after hearing a presentation from him at the last meeting. He said that the future of the State is not as bleak as people have been led to believe. Chairman Walker asked if the Council would require better reporting from Mr. Reid. Smalley said yes. Cone Property Rezone: Was tabled by the Council. They felt it was the State's turn to show the City their intentions regarding this property. Vintage Pointe Manor: Schematic phase was awarded to Bill Kluge for a possible addition to the Senior housing. Kenai Peninsula Caucus: The City voted to continue paying Caucus dues. However, concern was expressed that some of the items brought forth by the Caucus were not priorities to the City„ KBVCC: There have been some problems as the center with the lighting and security system. The lights are harming some of the displays and the city is looking for ways to fix the problem. Joint Work Session: KPB Ordinance Kenai River Overlay - the Council did not set a work session since the process will probably be a lengthy one and it was felt there would be plenty of time to give input. Jack La Shot said he had spoken with Dick Troeger, Planning Director, who had said the Borough would like the City's input early in the process. Smalley suggested a work session at 6:00 p.m. on November 23rd, before the Council meeting. Snow Removal: Smalley reported he, and other Council members, had an incredible amount of calls during the last snow fall. The Council is looking into removal policies to remedy the problem. Planning & Zoning Commission November 9, 1994 Page 10 b. Borough Planning Phil Bryson said no meeting had been held since his last report. A committee is being established in regards to the Kenai Overlay District and he felt it would be important for the city to have a representative on this committee. Bryson felt it was very important that the city give input on this ordinance as soon as possible. c. Administration -None. 10. PERSONS PRESENT NOT SCHEDULED 11. INFORMATION ITEMS 12. COMMISSION COMMENTS & QUESTIONS Teresa Werner-Quade, reported she had attended the work session on the Overlay project. She agreed that the process is going to be a long/slow one. The Borough Planning Department seemed to expect the City to take a stance on this project early in the process. Lori McComsey invited the Commission to attend the Christmas Comes to Kenai Celebration. 13. ADJOURNMENT There being no further business Ron Goecke moved for adjournment. The meeting was adjourned at approximately 9:10 p.m. Respectfully submitted, Loretta E. Harvey,— ministrative Assistant Planning & Zoning Commission November 9, 1994 Page 11 TO DO LIST P&Z 11 /9/94 Fax signed Beluga Encroachment to Sandra Hayes & Northland Mortgage - sale pending LH Notice to Proceed: Deepwood Park Leo T. Oberts LH CUP AK Gift & Gallery Renotify Thompson Park residents Rezone continuation JULH KMC Code Change to SP LH Schedule work session Kenai River Overlay November 23 at 6:00 p.m. before Council Meeting CF Check with K&O Towing regarding junk vehicles within the City JL Proceed with eviction of trespassers Lot 4, BI 8, Valhalla JULH Planning & Zoning Commission November 9, 1994 Page 12 NOV 14 '94 12:07PM SOLDOTNA JR. HIGH 907 262 7036 0 NOTES: I14 [9 q D4 DATE: 0 fZ- 0 H-AJA'ntiS TO: C. I T-Lf OF KE:tJA I __ COMPANY: 2- 3DS I FAX NUMBER: �a Ro FROM: % NUMBER OF PAGES: (INCLUDING THIS COVER SHEET) FAX TRANSMISSION NOV 14 '94 12.07PM SOLDOTNA JR. HIGH 907 262 7036 P.2 November 13, 1994 Mayor Williams City of Kenai Kenai, AK 99611 Dear Mayor Williams, The following is the presentation I gave to the City Council on October 19, 1994, (when you were out of town): I was asked by the Townsite Historical Board to be here tonight to bring you up-to-date on our activities and proposed projects. At our last meeting where we began to set goals and priorities, we felt that an important part of that process was developing a preservation plan for the Old Town District. We felt the need to work with you the city council, the Planning and Zoning Commissioners, and the planning department to put together a comprehensive plan that reflects the wishes of the community. In other words, what exactly do people envision the Old Town area to look like in 5 years or 10 years. By working with all these groups, it would be our intention to integrate historic preservation more fully into Kenai's planning system by comprehensively addressing issues regarding tourism, economic development, and other ary owned resources like buildings, parks, and streets. As the city continues to grow, we feel that this is a necessary step that will inform property owners how the community intends to grow and what it wants to protect. I don't think we have to go too far to look at other communities where inadequate planning took place and people have to live with the results for a lifetime. This would also be a time for formulating incentives for property owners within the historic zone to assist preservation, as well as provide an NOV 14 '94 12:08PM SOLDOTNA JR. HIGH 907 262 7036 P.3 agenda for future preservation activity and a measuring stick to assess its progress. Therefore we would like to request that you become actively involved with us in pursuing a compreha3mdgn plan for the city of Kenai with the other city government branches. We strongly feel that this is a necessary step before setting into place any of our proposed historic projects. In conclusion, I would like to refresh your memory on the proposed projects that were recommended by the Townsite Historic Task Force: (Pages 2-3-4 ) NOV 14 '94 12:08PM SOLDOTNA JR. HIGH 907 262 7036 P.4 CITY OF KENAI TOWNSITE 11I8TORIC TASK FORCE PROP08BD HISTORIC DISTRICT PROJECTS As requested by the City Council of the City of Kenai, the Task Force has developed and hereby submit a list of projects the City may wish to consider for development and/or improvement within the Townsite Historic District. These proposals have not been ranked by level of importance. in addition, no analysis as to feasibility or cost has been considered. The list is intended for discussion and review purposes. 1. PARR DLRVELOPMENT The area in old town which is surrounded by the streets named overland, Mission and Upland, has been considered for a Historic Park. The area is mostly vacant land, made up of 24 individual lots which have different owners. Structures currently located in this area include: two fourplexes (at the northern edge); two single family dwellings (at the southwest corner); a shop (on the southwest corner); and a single family trailer (on the east side). The existing structures are located on the edge of the boundaries leaving an area which would serve well as a park setting. Included in this park would be trails, benches, lawn and various structures which are currently uninhabited and located throughout the community and surrounding areas. These structures representing log homes, shops, outbuildings (maybe an outhouse or two) would be relocated to this area to be renovated and maintained on a permanent basis. Responsibility for the renovation and maintenance would be with the Townsits Historic District Board. The Board would also be responsible for surveying the area to locate such facilities, decide which would be selected to be moved to the park and what their permanent placement within the park would be. The city Council's involvement in this project would be to acquire the property, develop the park and provide the funding for necessary maintenance. 2. BEACH TRAIL Inlet street is the only dedicated access to the beach from Old Town. This street begins at Alaska street and follows down the bluff diagonally to Meeks Crossing. It has been closed for many years and has suffered from severe erosion. our request is that Inlet Street be repaired to the level of a foot path to allow for foot traffic to and from Meeks Crossing. NOV 14 '94 12:08PM SOLDOTNA JR. HIGH 907 262 7036 P.5 PROPOSED TOWNSITE HISTORIC PROJECTS Page 2 3. STREET IMPROVEMENTS Negotiations seem to be complete with the Russian Orthodox Church relating to the dedication of the land necessary within the Church grounds to construct a street in that area. We urge that this process including the necessary public hearings and other necessary land easement be obtained during the winter of 1993. with these procedural concerns complete, we urge that the street construction occur during the summer of 1993. 4. FIBH AND WILDLIFE FACILITY Several years ago, the City was considering a trade of wetland properties with the Fish and Wildlife for their facility located on Overland Avenue. As the buildings currently existing on the Fish and Wildlife facility represent early Kenai construction, an effort should be made to retain them. We feel to resume discussions with the Fish and Wildlife to arrange a trade of their land holdings on Overland for wetland properties should be considered. S. BLUFF EROSION As we are all aware, the bluff overlooking the mouth of the Kenai river has continued to erode for many years. This problem has now resulted in the need to abandon residences and threatens others. In addition, an unpaved street is in jeopardy of being lost to erosion. We recommend that the City consider a permanent solution to the problem. Such a solution should involve a method of permanently eliminating the erosion problem in order to terminate the progressive loss of town site land to the river. 6. BEACH FRONT It appears that vehicle traffic on Kenai Avenue has increased in recent years to the detriment of the sand dunes on the south side of the avenue. The sand dunes are being destroyed as vehicles leave Kenai Avenue to drive over the dunes to the beach. In addition, significant amounts of trash (including empty liquor bottles) can regularly be seen along the avenue. As Kenai Avenue dead -ends at the mouth of the slough draining from the upland areas behind the City and serves no apparent purpose, we recommend the avenue be closed or upgraded and barricades be erected on both sides of the avenue to protect the natural habitat surrounding the avenue from damage caused by vehicles and foot traffic. In addition, if a decision to close the avenue is made, the land on which the avenue is constructed should be returned to 1 NOV 14 '94 12:09PM SOLDOTNA JR. HIGH 907 262 7036 P.6 PROPOSED TOWNSITE HISTORIC PROJECTS Page 3 its original appearance. This closure or upgrade would result in a reduction in the damage being done to the sand dunes and significantly reduce the litter and debris currently being deposited in the area. 7. SIGNAGE We recommend that the existing sign ordinance of the City of Kenai be modified to establish specific provision relation to the historic district. NOV 14 '94 12:09PM SOLDOTNA JR. HIGH 907 262 7096 P.7 In reference to the number one project of the historic park development, we would like to request that you the city council begin to acquire the land within this section. In addition to this list, we would like to add two more projects: 8.) Have Jack LaShot investigate whether the Mission Street Paving Project under ISTEA will fund an improvement to the trail that leads from the bluff down over the bridge (Meek's Landing) to the beach. 9.) Incorporate the Dena'ina heritage into a proposed park area that is upriver from the Senior Center, on the bluff above the cannery (which is the original site of the native village.) I think what we're looking for here is a response from the council on whether they will become involved with us in preparing a preservation plan. (The preservation plan, by the way, is also a requirement for the Certified Local Government status.) The consensus of our group seems to be that rather than simply be a reactionary board giving the go-ahead on businesses that want to operate in Old Town, we would like to be a proactive group that actually designs projects that will not only enhance Old Town, but will also enhance the entire city of Kenai. I'd be happy to discuss this with you further. I'll be back the weekend of November 26th, after Thanksgiving. Perhaps, you'd like to attend our December meeting on the 15th? Please let me know what you think. Sincerely, Dorothy Gray HISTORIC DISTRICT BOARD November 15, 1994 - 6:00 p.m. ***AGENDA*** Kenai Council Chambers Chair Dorothy Gray 1. CALL TO ORDER 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES October 25, 1994 4. PERSONS PRESENT SCHEDULED TO BE HEARD a. James Malanapny III- National Preservation Conference b. Representative from State Historic Preservation Office c. Jim Childers - Department of Transportation 5. HISTORIC BOARD REVIEW 6. NEW BUSINESS 7. OLD BUSINESS a. Historic Preservation Plan Outline b. Mission Street Project 8. REPORTS 9. BOARD QUESTIONS AND COMMENTS 10. ADJOURNMENT PLEASE CONTACT LORETTA AT 283-7933 IF YOU ARE UNABLE TO ATTEND SO WE CAN ESTABLISH A QUORUM. HISTORIC DISTRICT BOARD November 15, 1994 - 6:00 p.m. ***MINUTES*** Kenai Council Chambers Chair Dorothy Gray 1. CALL TO ORDER Members present: Wanda Carlson. Dorothy Gray, Karen Mahurin, Jim Arness, Roger Meeks Members absent: Alan Boraas, Diane Rathman, Rose Ann Murphy, Ethel Clausen Also present: James Malanaphy, Henry Knackstedt, Jack La Shot, Loretta Harvey Chairperson Gray welcomed the new member, Wanda Carlson to the Board and introduced her to other Board Members. 2. APPROVAL OF AGENDA Chairperson Gray noted that items 4a & 4b would have to be pulled as these representatives would not be able to attend the meeting. These items will be moved to the December meeting. Gray also requested an item be added under New Business: Letter to State Office of Historical Preservation regarding Archeological study for Mission Street Project. She also asked Roger Meeks to make a brief report on the State Preservation Conference. MOTION AND VOTE: KAREN MAHURIN MOVED FOR APPROVAL OF THE AGENDA AS AMENDED. ROGER MEEKS SECONDED. AGENDA APPROVED AS AMENDED. 3. APPROVAL OF MINUTES October 25, 1994 MOTION AND VOTE: KAREN MAHURIN MOVED FOR APPROVAL OF THE MINUTES AS PRESENTED. ROGER MEEKS SECONDED. MINUTES APPROVED AS PRESENTED. Historic District Board November 15, 1994 Page 1 4. PERSONS PRESENT SCHEDULED TO BE HEARD a. James Malanaphy III- National Preservation Conference Malanaphy reported he had attended the Conference in Boston. The conference was taped and if the Board was interested in certain subjects those tapes could be ordered. The two seminars he wanted to report on that dealt with preservation planning issues were: Historic Preservation and Comprehensive Planning Process; and Local Preservation Law Recent Constitutional Developments. The National Trust for Historic Preservation is underneath the auspices of the National Park Service, which is under the auspices of the Department of the Interior, which means a lot of the support for historic preservation comes from the Secretary of the Interior. The National Park Service is presently having problems maintaining parks and historical areas with recent cuts in their budgets. They are working on a bill to have fees taken in by the parks go back into improving and developing parks and historical areas. Public art and landscape developments can help interpret historic sites that are no longer existing. Even if a building has been demolished, things like statuary, reader boards, and the outline of buildings on the ground can help translate the site for people. The National Center for Historic Preservation Technology opened this year and awarded $500,000 in preservation technology grants. Next year their budget is between 1 mil to 1.5 mil. This is another source of funding for preservation efforts. The rebuilding of human lives and human spirits is a critical part of rebuilding the Nation's infrastructure and historic preservation is a valuable and critical tool to restore the human spirit. History has not always been accurately presented. For instance the homes and workplaces of predominate white males have been singled out for preservation. Exploitive policies toward native Americans, blacks, women and other minorities have been played down and ignored in the development of this country. It is our responsibility to portray history accurately so people can face up to the past and go forward in an honest manner. He was convinced that investment in historic preservation provides more jobs per dollar than virtually any other sector of the economy including oil production and other mining enterprises. Historic District Board November 15, 1994 Page 2 Malanaphy also reported on the following two seminars he attended. Historic Preservation and Comprehensive Planning Process: The major elements of the plan should include the following 13 points: 1) State clearly the goals of historic preservation in the community. 2) Comply with any State zoning or planning enabling legislation requiring local governments to have local comprehensive plans, and requiring there be a mandatory or optional preservation element in it. 3) Let current and future property owners and residents know in advance, how the community intends to grow and what the community wants to protect. 4) To help provide a legal defense against lawsuits alleging unfair treatment of property owners or arbitrary decisions by government. 5) Eliminate confusion about purpose, meaning and content of any existing local preservation ordinance. 6) To form the basis of a local preservation ordinance or to strengthen legal basis of an existing ordinance. 7) To insure consistency or eliminate inconsistency between various local government policies that effect the community's historic resources. 8) To educate and inform citizens about their heritage and its value to the community. 9) To create an agenda for future preservation activities. 10) To provide a basis for interim protection of historic resources, while steps are taken to form a local preservation ordinance. 11) To comprehensively address issues related to tourism, zoning, traffic and development patterns, and design that effect historic resources. 12) Encourage economic development through the preservation of historic resources. 13) To strengthen the political understanding and support of iocai policies. Also suggested elements of a Historic Preservation Plan are: A statement of goals for preservation in the community; the definition of the historic character of the community; the summary of past efforts to preserve that community; a survey of historic resources in the community, and an explanation of the legal basis for protecting those resources; a statement of the relationship between historic preservation and other local land use authorities; statement of the public sectors responsibilities towards city owned historic resources and a statement of incentives that are available to assist in preservation of a community's historic resources; a statement of the relationship between historic preservation and the community's educational system; and a precise statement of goals and policies, and a specific agenda to accomplish these goals. Historic District Board November 15, 1994 Page 3 So when a historic preservation plan outline is prepared that is what the State will be looking for. Local Preservation Law Recent Constitutional Developments: There has been an increase in property right activists becoming interested in preservation issues. It is important for governments to test the constitutionality of historic preservation ordinances. There are two tests which should be used to help in this assessment: The Nexus Test - that is, is there proof of a compelling government interest to be gained by restricting landuse. The Takings Claim Test -has the property owner been deprived of over 50% of profit he would have realized from the property. And are the landuse restrictions uniform, and are there steps being taken to mitigate the lost of economic benefit for the property. Malanaphy concluded it was a very informative conference. Next years conference will be held October 11-15th, in Fort Worth, Texas. b. Representative from State Historic Preservation Office -moved to 12/15/94 c. Jim Childers - Department of Transportation -moved to 12/15/94 d. Roger Meeks - State Preservation Seminar Roger reported he had attended this meeting in Kodiak. Due to extreme weather conditions Judith Bittner was not able to attend the conference. To fill her time slot Communities were asked to give a brief report on their preservation efforts. Meeks reported on the Historic Board and plans for the Old Town area. He was asked what the profits from the book "Once Upon a Kenai" were used for. The Historical Society had donated all the proceeds to the church for restoration purposes, as it is the only historic landmark in the city. 5. HISTORIC BOARD REVIEW 6. NEW BUSINESS 7. OLD BUSINESS a. Historic Preservation Plan Outline Dorothy Gray said she would integrate some of the notes presented by James Malanaphy with the list the Board had developed at the previous meeting and prepare the outline. The Board will review the final outline at the next meeting. Historic District Board November 15, 1994 Page 4 b. Letter to SHPO Regarding Archeological Survey/Mission Street Project Chairperson Gray had talked to Russell Sacket with the State Historic Preservation Officer (SHPO), who is the liaison between DOT and the SHPO. He suggested the Board write a letter to the SHPO and request them to assess whether an archeological study can be done in conjunction with the Mission Street Project. MOTION: ROGER MEEKS MOVED TO SEND A LETTER TO THE SHPO TO DETERMINE WHETHER THE SITE OF THE MISSION STREET PROJECT WOULD BE ELIGIBLE FOR AN ARCHEOLOGICAL STUDY. WANDA CARLSON SECONDED. DISCUSSION: Karen Mahurin expressed concern that if the SHPO determines the site is not eligible that a survey may not be done and the city would lose valuable historic artifacts. Jim Arness noted that the Board had moved at the last meeting to recommend to Council that a survey be done. Chairperson Gray said she would take Alan Boraas's statements regarding the survey from the previous meeting's minutes and incorporate them into the letter to the SHPO. VOTE: PASSED UNANIMOUSLY. c. Mission Street Project Jack La Shot introduced Henry Knackstedt who is the local engineer working on this project. Henry distributed three copies of the latest plan for the Board's review. The plan is to follow the existing road. The road is kind of curvy because a private property owner has requested the project not encroach onto her property, and it will also make the project pleasing by keeping it a downtown design. A two-way road will be coming in from Mission to Ft. Kenay, from Ft. Kenay around the Church it will be one way, toward the bluff. There will be rolled curbs on both sides and a sidewalk on the side opposite the Church. No lighting is shown but historical lighting can be considered with the help of the Board. There is presently parking areas for tour buses, and some in front of the Church. The parking has been designed to encourage foot traffic to the area. Historic District Board November 15, 1994 Page 5 James Malanaphy asked how wide the street would be. Henry Knackstedt said the street was 16' which is pretty narrow but the standard street, from the centerline to the white line is 12', but if you pave 12' on the street would be too narrow. Roger Meeks said the road is very narrow in front of the Arness office, and there's not much more room than 16' anyway. Chairperson Gray said input from the public hearings on this project seemed to want encourage foot traffic and discourage vehicular traffic. Tour buses would park near Ft. Kenay and people would walk around the area. Jim Arness said at one time there had been discussion about bringing the street behind Ft. Kenay. He wondered if the property owner had an impact on that plan being eliminated. Knackstedt said if the road was brought behind Ft. Kenay it would bring in a lot more regulations from agencies, because it is not known what is in that area. If the original road is used it would be considered a categorical exclusion of EPA environmental impacts. A lot of this area has already been dug up when the water and sewer lines were installed. Jim Arness said the Board has decided to request an archeological study be conducted in conjunction with this project. Wanda Carlson expressed concern that the Church may not have enough parking. Chairperson Gray said there isn't a problem now, there are usually 5 to 7 cars during Church service hours, the area proposed seems to be adequate. Wanda Carlson also expressed concern regarding access to Jim Arness's business, with a one-way street. Roger Meeks said it will be narrow through that area and hard to access the business. Jim Arness said the Church has the ultimate say about the project. because they own the land. It will be their decision how much ROW they wish to reiinouish. The private property owner is virtually land locked, if the road is brought behind Ft. Kenay it would solve this problem. But that was not an issue anymore since this seemea to be the approved plan, at this point. Historic District Board November 15, 1994 Page 6 Chairperson Gray felt the project should not focus on tourism. The project should seek to maintain the historical nature of the area. She said the Church Council had approved this plan. The SHPO and DOT should receive the plans and discuss whether an archeological study is required. Dorothy said she had seen an aerial slide which showed there was a road or path behind Ft. Kenay in the early 1900's. The main concern of DOT is not rearranging history in Old Town. James Malanaphy said he would like to see whether trees would be impacted by the project. Henry Knackstedt said the plan only shows building and fences, also lighting has been requested but is not represented in the plans. The Board and the Church should have input on this. Malanaphy just said it was difficult to get a feel of landscaping issues associated with the project from the drawing. Wanda Carlson noted there are not many trees in this area, mostly right around the Church. Chairperson Gray thanked Mr. Knackstedt for bringing the plans to the meeting. 8. REPORTS 9. BOARD QUESTIONS AND COMMENTS 10. ADJOURNMENT There being no further business the meeting was adjourned at approximately 8:12 p.m. The next meeting is scheduled for December 15, 6:00 p.m. Respectfully submitted, Yeta arvey, inistrative Assistant Historic District Board November 15, 1994 Page 7 A. B. C. AGENDA KENAI CITY COUNCIL - REGULAR MEETING NOVEMBER 2, 1994 7:00 P.M. KENAI CITY COUNCIL CHAMBERS CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non -controversial by the Council and will be approved by one motion. There will be no separate discussion of these items unless a Council Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. SCHEDULED PUBLIC COMMENT (10 Minutes) 1. Steve Miles - Glacier Environmental, Inc./Courthouse Contaminated Soils Project. 2. Bill Coghill - Audit Report PUBLIC HEARINGS 1. Ordinance No. 1609-94 - Increasing Estimated Revenues and Appropriations by $2,100 in the General Fund for Dances at the Teen Center. 2. Ordinance No. 1610-94 - Amending KMC 1.90.050(b) of the Standard Procedures for Boards, Commissions and Committees. 3. Ordinance No. 1611-94 - Amending the Qualification of Arbitration Panel Members in KMC 23.35.032(b). 4. Ordinance No. 1612-94 - Reallocating Appropriations Between the Congregate Housing and FAA Road Capital Projects Funds. 5. Ordinance No. 1613-94 - Amending the Official City of Kenai Zoning Map for Certain lands Described as SZ Sec. 11 Excepting the Kenai River, SE4 SE; Sec. 10 East of the Kenai River, EZ NE4 Sec. 15 East of the Kenai river, Sec. 14 North of the Kenai River, All Within T5N, R11W, S.M. and Within the City of Kenai. -1- 6. Resolution No. 94-66 - Authorizing Application for Funding Assistance for an outdoor Recreation Project, Restroom Facilities, to the State Liaison Officer as Provided by the Land and Water Conservation Fund. 7. Resolution No. 94-67 - Transferring $2,285 in the Airport Security Gates Capital Project Fund for Additional Inspection Charges. a. Resolution Action b. Increase Inspection Contract ($2,285) Action 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. 9. Resolution No. 94-69 - Declaring the Following Equipment, Supplies, and Materials Surplus or Obsolete. 10. Resolution No. 94-70 - Transferring $4,903 in the General Fund for Compensation to the Acting City Manager. 11. *1995 Games of Chance and Contests of Skill Permit Application - Kenai Visitors & Convention Bureau, Inc. D. COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees E. MINUTES 1. *Regular Meeting of October 19, 1994. F. G. OLD BUSINESS 1. Resolution No. 94-65 - Awarding a Contract to GeoEngineeers, Inc. for Environmental Services on the Lot 13 and Lot 14, CIIAP Site Assessment, 1994 Project for a Not -to -Exceed Amount of $27,580.00. -2- 2. Discussion - Kenai Peninsula Caucus a. 1995 Statement of Legislative Positions b. 1994/1995 Fiscal Year, Annual Dues 3. Discussion - Proposed Oil & Gas Lease Sale 85A, Cook Inlet Exempt. H. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $1,000 3. *Ordinance No. 1614-94 - Increasing Estimated Revenues and Appropriations by $4,000 in the General Fund From the Reserve for Athletic Expenditures. 4. Discussion - Bicentennial Building - Humidity, Lighting and Security. 5. Schedule Joint Work Session - Council/Planning & Zoning - Proposed Borough Overlay Ordinance 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- RENAI CITY COUNCIL - REGULAR MEETING NOVEMBER 21 1994 7:00 P.M. RENAI CITY COUNCIL CHAMBERS MAYOR JOHN J. WILLIAMS, PRESIDING ITEM A: CALL TO ORDER Mayor Williams called the meeting to order at approximately 7:00 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: Measles, Bannock, Smalley, Williams, Bookey, Swarner and Monfor. A-5. AGENDA APPROVAL Mayor Williams requested the following changes to the agenda: ADD: B-3, Persons Present Scheduled to be Heard - Ashley Reed, Ashley Reed & Associates - General Governmental Issues/Lobbyist Contract C-7, Resolution No. 94-67 - 10/25/94 KK memorandum with TM remarks added. ADD TO: I-1, Mayor's Report - JW letter to Commissioner Sandor regarding procedural request relating to the adoption of air quality regulations, 18AA50 MOTION: Councilman Smalley MOVED for approval of the amended agenda and requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. A-6. CONSENT AGENDA There were no changes to the consent agenda. MOTION: Councilman Smalley MOVED for approval of the consent agenda as presented and requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 2, 1994 PAGE 2 ITEM B: SCHEDULED PUBLIC COMMENT B-1. Steve Miles - Glacier Environmental, Inc./Courthouse Contaminated Soils Project. VERBATIM: I will ask you to bear with me. I am not much of a public speaker, and I know you will have a lot of questions for me and I will appreciate it if you will wait 'tit I get through this before you ask them. Ladies and Gentlemen, thank you for allowing me to speak to you this evening. My name is Steve Miles, and I am the president and one of three owners of Glacier Environmental Services. I asked Rachel Clark if I could speak to you tonight so that I could clarify the status of the courthouse remediation project and how I believe we have come to where we are today. I am not here to make excuses or blame anyone else. We understand the terms of our contract and with your help we fully intend to fulfill our obligations. As you are aware, Glacier has successfully remediated and removed over 7,000 cubic yards of contaminated soil in the site. As you also know, approximately 750 yards (or 10% of the material) remains on site that we have not yet been able to successfully treat. Enviros, our subcontracted design engineer, tells us that the presence of heavy oil in the remaining soil is interfering with the treatment process. During our preparation of the site, work was twice delayed due to the discovery of heavy oil. The first discovery was during a site walk with city personnel at the end of May. At that time, an area at the west end of Lot 14 was noted to be scattered with automobile engine parts and oil stains. This discovery resulted in a change order to the original contract extending the completion date, and a purchase order was issued by the City to remediate the heavy oil contaminated area. We informed the City that we were not able to treat heavy oil and, as such, this soil remains stock -piled on Lot 14 today. The second discovery of heavy oil occurred when stock -piles on Lots 13 and 14 were moved and samples were taken from below them per the contract specifications. The presence of heavy oil below the piles resulted in the City directing Glacier to stop further excavation and that heavy oil was not Glacier's responsibility. As such, our contract amount was reduced by $112,000, or nearly 25%. This was due to the fact that our remediation design was not intended to address heavy oil which all but eliminated bid item #12. Following each of these two discoveries, the City KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 2, 1994 PAGE 3 responded that we were not responsible for heavy oil contamination and that it would remain on -site untreated. As the history of the project shows, we did not design our system to treat heavy oil. On September 26, I notified the City of a change in conditions due to the presence of heavy oil. We believe that the heavy oil constituted a change of conditions as it had on two previous occasions. In our bid proposal, we stated that our system was designed to treat diesel -range hydrocarbons only. In 1992 ENSR Consulting and Engineering sampled and analyzed 191 samples from the stock -piled soil and the courthouse site it was excavated from. They apparently didn't anticipate heavy oil either as each of the samples were tested only for gasoline and diesel -range hydrocarbons. ENSR did not test these 191 samples for heavy oil. I am here tonight with my hat in my hand. I didn't come to ask for more money or to try pass this problem back to the City. We accept responsibility for the incomplete work and ask the City to continue to work with us and grant us the time required to remedy it. So we first ask you to consider a contract extension through the end of August, 1995. The winter climate in Kenai prevents us from any further work this year, and extension will allow us to return in the spring and continue treatment of the remaining soils. By continued treatment at this site, the City remains in possession of the soil and is not endangering itself from incurring any more liability than what existed since the soils were originally stock -piled. Glacier will make every effort to coordinate with the engineering firm you choose to perform the site assessment of Lots 13 and 14. We believe that 80% of the site can be assessed immediately, and that the area underlying our treatment pond can be addressed in the spring. Samples taken by GeoEngineers prior to the construction of the pond may also be valuable in a phased approach. The continued treatment will involve removing the remaining soil from the pond and spreading it on -site for land farming. During the removal of the soil from the pond, we will segregate suspected clean soil from the material to be treated; segregated soils will be confirmed clean by laboratory analysis and transported off -site consistent with the original work plan. Contaminated soils would be spread over the line portion of the site constructed for our soil wash plant and clean stock -pile area. Any breach in the liner caused by assessment activities this year will be repaired prior to soil being spread. Enviros is currently working on a refined treatability evaluation and design. KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 2, 1994 PAGE 4 Enviros estimates that 96% of the diesel introduced to the pond during soil -washing operations has been biodegraded. The most recent sampling indicates the remaining average concentration of diesel is 320 parts per million. This is based on 15 samples taken two weeks prior to discontinuing the treatment process. The additional two weeks of treatment more than likely reduced these concentrates. We have not since re -sampled. The average concentration of heavy oil in the pond is 970 parts per million --again, based on the same 15 samples. This concentration is slightly less than the required clean-up level for heavy or residual -range hydrocarbons of 1000 parts per million. In other words, 4% of the petroleum hydrocarbons present on site when we began work remain to be treated. Glacier is committed to the successful completion of this project. We have already reduced the volume of soil and the City's liability by 90%. We have also reduced the hydrocarbon concentrations in the remaining soils by over 90%. We are almost to the finish line, but we need your help to get there. We are confident that the remaining concentrations can be reduced to within regulatory limits and all materials removed from the site by the end of August, 1995. However, we further propose that if legal off -site disposal by this plan does not appear possible by July 20, 1995, an alternate disposal method such as thermal desorption or land -fill disposal will be employed. Since the discovery of heavy oil in the soils, Glacier, Enviros and the City have continued to research and request alternate clean-up standards and analytical methods with the ADEC. Discussions in the past few days with ADEC personnel indicate that alternate methods may be available to complete the project. In a best case scenario, these alternate clean-up standards could result in no further treatment being required. As a responsible party, any request for ADEC to allow deviation from the clean-up standard or analytical methods must come from the City. Therefore, it is imperative to the project that the City continue to be as supportive of these requests as possible. In summary, I have come before you tonight to ask your help as follows: First, grant us an extension through the summer months of 1995 to allow continued treatment of the remaining soils. Second, allow us this extension without the penalty of liquidated damages. Third, the City is currently holding $112,000 in retainage for work completed to date. The retainage, this unanticipated development related to heavy oil, and lost revenue identified in bid item #12 has caused a severe impact to our cash flow. It is imperative that we improve our cash flow so that we KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 2, 1994 PAGE 5 can continue to move forward to successfully complete this project. We, therefore, urge the City to release our retainage as described in the contract amendment presented to Council at your last meeting. This will leave the City with $63,000, and our performance bond is security that we will finish the project. Our performance bond in the amount of $425,000 is $112,000 more than Glacier can ever be paid for this project. This $112,000 alone is more than adequate to address the remaining soils in the unlikely event we default. My last request is that you please continue to work with us and the ADEC to reach a solution that meets all of our mutual interests. In considering what I have asked you tonight, I want you to realize that Glacier is not some big out-of-town company that came here to deceive you or to cheat you. We are a small Alaskan contractor; we employed all local labor and intend to continue to do so; all revenue from this project, and then some, has remained on the Kenai Peninsula. I would also ask you to consider that Glacier Environmental is my entire livelihood. Besides my family, I have little else. Without your compassion, it stands to be a very long winter for me, my family and the company. This concludes my comments. I again thank you for allowing me this time and I will be glad to answer your questions. END OF VERBATIM Councilman Measles stated that the Council didn't have anything in writing before them to help make a decision. Mayor Williams suggested maybe Rachel Clark could do a technical report for the Council and bring it to the next meeting so Council would have more information. Measles suggested a written proposal from the contractor and comments from the Administration would be necessary before a decision could be made. Manninen stated it is very unusual for the City to pay any part of a retainage until a project is complete, and that all parties realize that. Kornelis said that on this particular contract the City did not actually have retainage. This contract was set up differently because the City wanted to make sure that the soils were clean before it paid the contractor, Kornelis said. He said the amount that has not yet been paid to Glacier is not retainage per se. Miles apologized for not having a proposal in writing for Council to see. He said he didn't realize that was needed. He asked if he could answer questions that would help Council make its decision at the next meeting. Williams said he wasn't KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 2, 1994 PAGE 6 comfortable asking questions when he had so little information about the problem. He said that, generally, the engineering staff would have a report and a recommendation ready for Council in advance. Manninen stated that the engineering staff should have talked with Miles before he made his presentation to Council to coordinate. He asked that Miles meet with him so a written recommendation could be prepared for Council. Williams suggested that Miles stay in Kenai overnight and go to work with the Administration the next day. He said the item can certainly be placed on the next agenda. Mayor Williams summarized by saying Miles should prepare a written proposal (working with the City's engineering staff); the engineering staff should prepare its comments and recommendations; then Council will review those materials and discuss it at the next Council meeting. Miles stated again that the proposal will be basically the same one as was in the contract amendment which Council turned down at the last meeting. He said the difference is that now the contaminated soils would not be transported to another location. Kornelis asked if Glacier was asking that the City drop their bond or reduce it to the new contract amount (less $112,000). Miles said that would be good, but he had not asked for that. He said the performance bond is in the amount of $425,000; but because Glacier was not able to complete bid item #12 due to heavy oil, they lost $112,000 of the $120,000 bid item so the bond is $112,000 more than they can ever make on the project. Councilwoman Swarner asked why it is necessary to extend the contract to August, 1995. Miles stated that the heavy oil found on the lots was not anticipated. Swarner asked if Glacier is an Alaska business. Miles said, "We are an Alaskan contractor." Swarner asked him where he lives; he stated he resides in Washington. B-2. Bill Coghill - Audit Report VERBATIM I will try to brief going through this. Last year when I was here you had the student government people here. That was interesting. I think they asked one question and that was whether Charlie had all the money invested in pesos in Cancun, or something like that. KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 2, 1994 PAGE 7 Basically there are three reports that we are dealing with here. One is the financial statements which you all should have received in your packets. This is prepared by the Administration; and we audit this and on our letter we say that we have audited this and that the numbers in here present fairly the financial position of the City of Kenai. Unless there's some questions, I'm not going to go through the numbers in here. The summary that the Administration writes in the front of this is real nice reading; it does hit the highlights. The rest is real good reference if you ever happen to need it. The next size book is the next largest which is the federal and state single audit reports. This has about it letters in it. It has two things that are kind of useful. On Page 2 it's got a nice chart of all the federal assistance that you received during fiscal year 1994; and back farther there's a nice similar chart dealing with all the state revenues the City's received. The rest of the letters in here are required letters by single audit acts of the federal government and the state. The first seven are federal; the last four, I think, are state. There are no findings in this report, Ladies and Gentlemen. You can read them; they're all standard wording which we have to put in here, and it's kind of embarrassing. But there's no findings in here. In this month's Journal of Accountancy, they were talking about changes to these; and they were talking about specifically the seven federal reports that are in here and they were kind of upset that you have to write all of this when there's nothing to report. But, unfortunately, one of the people that suggested a change was an eighth letter that summarizes the last seven; and I hope that they don't eventually adopt that. I hope they consolidate these and make them a little bit easier to read. So that's good news because we have had comments in the past on this. We've had a few little items that were not in compliance with federal requirements on contracts --veterans preference I remember a couple of years ago, some FAA items, I believe. But this year there weren't any. And then the third one is the smallest one which is the management letter. You haven't had one of these in a number of years. This is where we can report things to Council that don't have to be reported; they aren't a material weakness; they're suggestions that we have that we think will improve the City's operations or their controls. This one isn't even like that because what this letter comments about is some procedures that have been in effect by the City of Kenai for at least the past dozen years. It involves procedures for approving purchase KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 2, 1994 PAGE 8 orders that the finance department has been using for years and years and years -- ever since we've been here and apparently much longer than that --dealing with checking to see if funds are available when purchase orders pass through the finance department to see if you guys have budgeted that amount of funding and also to see if the account codes are correct and the mechanical accuracy of the purchase orders and then also dealing with approval of travel vouchers. But during the year, a situation came up and they were doing some research and found out that the city code does not give these powers to the finance department. So what happened was the Administration said well . . . Tom thought that Charlie still should have the finance department review these purchase orders so he wrote a memo delegating or appropriating that or assigning that function to the finance department. So these controls were in place all year; they function and they are great controls. We just think that the city code needs to be updated to accommodate these, to allow the finance department to do these functions. I'm not sure if it prohibits it. Mr. Graves might be able to comment, but it was at least enough confusion over the authorities here that we are recommending that the Council consider amending its code to allow the finance department to do these functions that they have been doing for quite some time. By the way, the City is still known in Alaska as probably the cleanest. We do thirty -some odd cities in the State of Alaska, including Valdez, Palmer, Soldotna and several others. This certainly has been the cleanest since before we took over, and it still is. It's very, very rare to have an adjustment to the books necessary. Or it's also very rare to find any internal control problem, which is not usual. Usually these management letters have lots of things; usually there's compliance findings. I want to compliment the Council and the management of the City of Kenai on maintaining just the cleanest, straightest government that I know of in the State of Alaska. Are there any questions? END OF VERBATIM Mayor Williams said that probably 99% of the compliment should go to the Administration because they take care of the day to day operation of the City's government. He stated on behalf of the Council their appreciation of the job Administration is doing. Councilman Smalley suggested that an ordinance be ready for the next meeting to change the code. Attorney Graves said he would prepare one. KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 2, 1994 PAGE 9 Councilman Bookey asked if there were specific problems found. Coghill said the specifics were in the letter. He said when Council changes the code, they may want to make improvements in the current procedures as suggested in Tom Manninen's memo. Coghill said what he likes to see is travel vouchers being reviewed as much as possible to protect city officials from inadvertent errors. He said purchase orders need to be reviewed for math errors and account numbers and if money is budgeted for that item. Coghill stated that the way the code is written the City Manager approves travel vouchers; so no one would have to approve the City Manager's travel vouchers. Councilman Measles stated that the recommendation being made is the way it's being handled anyway. He said he sees no reason to rush and would like Council to take their time and understand fully before changing the code. Mayor Williams requested that Administration thoroughly review the matter and draft an ordinance that fully meets the requirements of Mikunda Cottrell. Attorney Graves said he would put a drafted ordinance in the next packet as a discussion item to give Council an opportunity to see it and discuss it before an ordinance is actually introduced. B-3. Ashley Reed - Ashley Reed & Associates - General Governmental Issues/Lobbyist Contract Reed reviewed with the Council information he distributed regarding Alaska's fiscal situation. Reed stated his opinions, observations, and predictions regarding the capital budget, the operating budget, and the future 1995 session and beyond. Reed noted he did not believe the State's future is as bleak as it has been described to be. Also, he believes there is an abundant amount of monies available for various projects, etc. And, there will be many changes with the new administration. Historically in reviewing two-year sessions, the second year is better. BREAK TAKEN: 8:20 P.M. BACK TO ORDER: 8:30 P.M. ITEM C: PUBLIC HEARINGS C-1. ordinance No. 1609-94 - Increasing Estimated Revenues and Appropriations by $2,100 in the General Fund for Dances at the Teen Center. KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 2, 1994 PAGE 10 MOTION: Councilman Bannock MOVED for adoption of Ordinance No. 1609-94 and Councilman Smalley SECONDED the motion. There were no public or council comments. VOTE: Measles: Yes Williams: Yes Monfor: Yes Bannock: Yes Bookey: Yes MOTION PASSED UNANIMOUSLY. Smalley: Yes Swarner: Yes C-2. Ordinance No. 1610-94 - Amending KMC 1.90.050(b) of the Standard Procedures for Boards, Commissions and Committees. MOTION: Councilman Smalley MOVED for adoption of Ordinance No. 1610-94 and Councilman Measles SECONDED the motion. There were no public or council comments. VOTE: Measles: Yes Williams: Yes Monfor: Yes Bannock: Yes Bookey: Yes MOTION PASSED UNANIMOUSLY. Smalley: Yes Swarner: Yes C-3. Ordinance No. 1611-94 - Amending the Qualification of Arbitration Panel Members in KMC 23.35.032(b). MOTION: Councilman Measles MOVED for adoption of Ordinance No. 1611-94 and Councilman Smalley SECONDED the motion. There were no public or council comments. KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 2, 1994 PAGE 11 VOTE: Measles: Yes Bannock: Yes Williams: Yes Bookey: Yes Monfor: Yes MOTION PASSED UNANIMOUSLY. Smalley: Yes Swarner: Yes C-4. Ordinance No. 1612-94 - Reallocating Appropriations Between the Congregate Housing and FAA Road Capital Projects Funds. MOTION: Councilwoman Monfor MOVED for adoption of Ordinance No. 1612-94 and Councilman Measles SECONDED the motion. There was no public comment. Kornelis explained the door replacement was because there were problems with the doors (warping, etc.). The contractor will pay for the purchase of the doors. The cost listed was for the installation of the doors, which includes drilling holes, setting hinges, etc. Porter explained the storage shed would be built on skids so that it could be placed anywhere and moved if necessary. Porter also explained the list of projects was prioritized by the seniors. Williams added Council will need to approve each item individually as it comes up. Manninen stated the greenhouse may thought it was important. It will each project is funded. Manninen money to do all of the projects. VOTE: be good for the tenants. He be up to the Council whether added there seemed to be enough Measles: Yes Bannock: Yes Smalley: Yes Williams: Yes Bookey: Yes Swarner: Yes Monfor: Yes MOTION PASSED UNANIMOUSLY. C-5. Ordinance No. 1613-94 - Amending the Official City of Kenai Zoning Map for Certain lands Described as SZ Sec. 11 Excepting the Kenai River, SE; SE; Sec. 10 East of KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 2, 1994 PAGE 12 the Kenai River, Eh NE; Sec. 15 East of the Kenai river, Sec. 14 North of the Kenai River, All Within T5N, R11W, S.M. and Within the City of Kenai. MOTION: Councilman Measles MOVED for adoption of Ordinance No. 1613-94 and Councilman Smalley SECONDED the motion. Public Comments: Jim Butler - Butler stated he represents Mr. and Mrs. Cone. He has been working for several months with the Cones, Kenai Planning & Zoning Commission, Fish and Game, Department of Natural Resources, and the Kenai City Council. At issue is the use of this property for a grant to develop a low impact park with funding from the Exxon oil spill monies. Butler stated he spoke with Fish & Game and was told the acquisition group was reviewing grant applications. The Cone grant has a very high ranking. The Trustee Council wants to acquire the property. Butler added the State is surprised at the City of Kenai's progress on the issue. However, at the Kenai Planning & Zoning Commission meeting, Councilman Smalley questioned when the State would put something in writing that they agree to the acquisition, grant, etc. before changing the zoning on the adjoining property. He has discussed this matter with Cone and they agree. Butler requested Council table the resolution until notification is received from the State of the actual acquisition. Butler will make sure it is timed to coincide with the rezone of the property. Councilman Smalley stated his agreement with slowing the process. MOTION TO TABLE: Councilman Smalley MOVED to table Ordinance No. 1613-94 and Councilman Bookey SECONDED the motion. There were no objections. SO ORDERED. TABLED. KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 2, 1994 PAGE 12 the Kenai River, Eh NE4 Sec. 15 East of the Kenai river, Sec. 14 North of the Kenai River, All Within T5N, R11W, S.M. and Within the City of Kenai. MOTION: Councilman Measles MOVED for adoption of Ordinance No. 1613-94 and Councilman Smalley SECONDED the motion. Public Comments: Jim Butler - Butler stated he represents Mr. and Mrs. Cone. He has been working for several months with the Cones, Kenai Planning & Zoning Commission, Fish and Game, Department of Natural Resources, and the Kenai City Council. At issue is the use of this property for a grant to develop a low impact park with funding from the Exxon oil spill monies. Butler stated he spoke with Fish & Game and was told the acquisition group was reviewing grant applications. The Cone grant has a very high ranking. The Trustee Council wants to acquire the property. Butler added the State is surprised at the City of Kenai's progress on the issue. However, at the Kenai Planning & Zoning Commission meeting, Councilman Smalley questioned when the State would put something in writing that they agree to the acquisition, grant, etc. before changing the zoning on the adjoining property. He has discussed this matter with Cone and they agree. Butler requested Council table the resolution until notification is received from the State of the actual acquisition. Butler will make sure it is timed to coincide with the rezone of the property. Councilman Smalley stated his agreement with slowing the process. MOTION TO TABLE: Councilman Smalley MOVED to table Ordinance No. 1613-94 and Councilman Bookey SECONDED the motion. There were no objections. SO ORDERED. ORDINANCE TABLED. KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 2, 1994 PAGE 13 C-6. Resolution No. 94-66 - Authorizing Application for Funding Assistance for an Outdoor Recreation Project, Restroom Facilities, to the State Liaison Officer as Provided by the Land and Water Conservation Fund. MOTION: Councilwoman Monfor MOVED for approval of Resolution No. 94-66 and Councilwoman Swarner SECONDED the motion. Public Comment: Richard Warrington: Stated h Foundation group in the Kenai "outward bound" camping events camping area could used for a There were no questions of Mr. VOTE: e is trying to start a Head Injury area. The Foundation has held with head injury survivors. A disabled summer camping area. Warrington. There were no objections to the motion. SO ORDERED. C-7. Resolution No. 94-67 - Transferring $2,285 in the Airport Security Gates Capital Project Fund for Additional Inspection Charges. C-7a. Resolution Action MOTION: Councilman Measles MOVED for adoption of Resolution No. 94-67 and Councilwoman Monfor SECONDED the motion. There were no public comments. Councilman Smalley asked if they needed to amend the action in order to recommend the transfer of funding from construction to inspection. Manninen stated if council wishes to pay the extra amount, they should pass the resolution. Williams referred to the memorandum included in the packet and the copy passed out by Manninen prior to the meeting with his hand-written comments on it. Williams stated the memorandum included a suggested motion. Measles asked if Administration had any recommendation. Manninen stated he re -read the memorandum prior to the meeting and wrote his comments on the memorandum. His comments were not to make additional payment to the engineer. The engineer's contract was for a not -to -exceed amount. The City is not obligated to pay the KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 2, 1994 PAGE 14 engineer because the contract was for a not -to -exceed amount. If additional payment was to have been made, it should have been requested when the change order was brought to Council. He changed his mind from when he initially reviewed the memorandum. Williams noted Council did authorize the extension of the completion time of the construction contract. It may have been an oversight of Council. Manninen stated it should have been an obligation of staff to mention the possibility of additional payment to the engineer at the time of the change order. Measles asked Kornelis if it is normal for the inspector to coordinate between the supplier and the contractor. Kornelis stated it was an unusual contract. The engineer/inspector had to design the project around the receipt of the gates. Kornelis continued the contract was to have been completed by July 1993. At the May 18, 1994 meeting he explained the difficulties with the supplier, etc. so Council agreed to change the completion time. He did not receive any indication from the inspection firm they would be going over budget. The project was completed in June, 1994. Before the final pay estimate is approved, as -built drawings, etc. have to be submitted. Final payment has been made. Kornelis continued some of the delay was because of the delay in the gate delivery. Bill Nelson - Explained it was the contractor's responsibility to order the gates and see they were delivered. Much of the delay was due to personality conflicts between the contractor and the gate manufacturer and lack of trust of each other. He got involved in order to get the gates. Nelson added he believed he had a legitimate claim. He did the work and the City derived benefit from it. The City is not under contract to have to pay him. He would have no hard feelings if the City decides not to pay him, but he feels he has a legitimate bill. Finance Director Brown told him if he had submitted a bill earlier, extra money could have been requested. It was his fault he did not request it. Bookey stated he believed the engineer should have gone back to the contractor. Nelson stated he also helped with the redesign of the circuitry of the gates in order to expedite the project. Measles stated Nelson was working for the City, not the contractor. He appreciated the position Nelson was in and his help to speed the process. However, at the point there was a KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 2, 1994 PAGE 15 problem with getting the equipment, the City should have stepped in and dealt with the contractor to comply with the contract. Measles added he was sure Nelson put in the hours, but the problem was the contractor did not do his job and because of that, Nelson stepped in and helped, but the problem should have been handled by the City, dealing directly with the contractor. If Council had been aware of this problem in May, payment could have been held from the contractor. However, he has been paid and the City cannot go back to him for resolution. Williams stated he believed Nelson made a valid point. It was because of his efforts, the project was completed. If he had not done what he did, the project may have continued longer. The City is not legally bound to pay Nelson, however he believed the City should pay him for his efforts. Measles stated he agreed. Measles added if something like this ever happens again, whoever the inspector is, the City should intervene. He appreciated what Nelson did, but the City should have intervened. Williams agreed. VOTE: Measles: Yes Bannock: Yes Smalley: Yes Williams: Yes Bookey: No Swarner: No Monfor: Yes MOTION PASSED. C-7b. Increase Inspection Contract ($2,285) Action MOTION: Councilman Measles MOVED to increase William J. Nelson & Associate's not -to -exceed amount by $2,285.00 on the Airport Security Gates project. Councilman Smalley SECONDED the motion. VOTE: Measles: Yes Williams: Yes Monfor: Yes MOTION PASSED. Bannock: Yes Bookey: No Smalley: Yes Swarner: No 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. 80 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 NOVEMBER 2, 1994 PAGE 19 D-4. Library Commission Monfor reported the Commission's regular November meeting was canceled in order that members of the Commission and the Library Director could attend Council's goals and objectives work session. The next meeting will be in December. Monfor noted the Library's November calendar had been distributed to Council. Also, the annual open -house has been scheduled for December 15 from 4:00 p.m. to 7:00 p.m. Monfor requested a $300 donation from Council toward the cost of the open house. MOTION: Councilman Smalley MOVED to donate $300 from Council to the Library toward costs of the open house. Councilwoman Swarner SECONDED the motion. There were no objections. SO ORDERED. Return to Airport Commission: Councilman Measles noted there were two seats available on the Commission. Included in the packet was an application from Henry Knackstedt. Williams asked if Council had any objections to the appointment of Knackstedt to the Airport Commission. There were none. Measles suggested Ernst check with other airline personnel in regard to appointment to the Commission. The resignation of Diane Smith opened a seat to be filled by an airline representative. Ernst stated he would investigate. D-5. Parks & Recreation Commission Bannock reported the Commission would be meeting on their new meeting date on November 3, 1994. D-6. Planning & zoning Commission Smalley referred to the action agenda included in the packet. Smalley reported there were many citizens in the audience due to the discussion about the halfway house. The majority of the people were opposed to having a halfway house in their neighborhood or in Kenai. Smalley suggested the discussion will come again sometime. Smalley updated Council in regard to the Borough's overlay ordinance for the Kenai River. P&Z has requested Council schedule a joint work session to discuss the issue. Williams KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 2, 1994 PAGE 20 reminded Council the Townsite Historic Board would also like to a joint work session with Council and P&Z to discuss a five-year plan for Old Town. Measles reported P&Z suggested a work session prior to the 11/23/94 meeting. Council decided to wait until the Borough has had more time to work on the ordinance before making comments. No work session was scheduled. D-7. Miscellaneous Commissions and Committees Historic District Board - Council referred to a memorandum included in the packet from Clerk Freas. The memorandum discussed seats available on various commissions, committees and boards. It was noted the Historic District Board requested Board member Jahrig be replaced because he has not attended any meetings of the Board. Council reviewed the applications included in the packet. It was noted Mr. Malanaphy, while very well qualified, lived outside of the city. There were no out -of - city positions available on the Board. Measles suggested a letter be sent Malanaphy stating why he could not be appointed to the Board at this time and suggest he volunteer his time until an out -of -city position is available. Council approved the removal of Jahrig from the Board. Council agreed to appoint Wanda Carlson to the Board. Return to Library Commission: Council noted the application submitted by Katherine Kornelis to be appointed as the student representative to the Library Commission. There were no objections by Council. Return to Parks & Recreation Commission: Council accepted the resignations of Commissioners Massie and Carlson. Council reviewed the application included in the packet of Mr. Steven Latz. Councilman Smalley stated he believed Latz would be a very good addition to the Commission. There were no objections from Council to appoint Latz to Parks & Recreation. Return to Historic District Board: Council reviewed a request by the Historic District Board to change their meeting dates in November and December (because of travel and holiday schedules). The new meeting dates would be November 15 and December 15. There were no objections from Council. KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 2, 1994 PAGE 21 Beautification Committee: Clerk Freas noted she had, at direction of Council, sent a letter to Committee member Kim Booth as to whether she wanted to continue as a member to the Committee. Freas reported she received no reply. It was noted Booth was in the audience. Booth stated she was very much interested in continuing on. She was not able to attend meetings thus far due to work schedule conflicts. However, her work schedule would be changing after the first of the year and would be able to participate. Arbitration Panel: Council reviewed information included in Freas' memorandum regarding those persons contacted who now are listed as members to the panel. Freas reported Roger Meeks stated he would like to continue. However, it was noted because he is already a member of the Historic District Board he could not be a member of the Panel according to Code. Council noted Karen Mahurin would not be able to be appointed to the Panel due to her participation in the Historic District Board as well. Council reviewed the names submitted by employees and councilmembers to be considered for appointment to the Panel. Freas was directed to write to Robert Seymour, Eileen Bryson, Richard A. Ross, Lloyd Johnson (First National Bank), Shirley Roberts and Walter Ward, Sr. and ask if they were interested in such an appointment. Freas was asked to explain the history of the Panel and responsibility of participation, etc. ITEM E: MINUTES E-1. Regular Meeting of October 19, 1994. Approved by consent agenda. ITEM F: CORRESPONDENCE None. ITEM G: OLD BUSINESS Resolution No. 94-65 - Awarding a Contract to GeoEngineeers, Inc. for Environmental Services on the Lot 13 and Lot 14, CIIAP Site Assessment, 1994 Project for a Not -to -Exceed Amount of $27,580.00. KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 2, 1994 PAGE 22 Williams suggested action be delayed due to the discussions and possible amendment to the Glacier Environmental contract. MOTION: Councilman Smalley MOVED to table action on Resolution No. 94-65 and Councilman Bookey SECONDED the motion. Monfor asked if a reconsideration could be tabled. Graves stated by a majority vote, they could delay action until another time. VOTE: There were no objections to the motion. ACTION WAS TABLED. G-2. Discussion - Kenai Peninsula Caucus G-2a. 1995 Statement of Legislative Positions Council discussed the Kenai Peninsula Caucus 1994 Statement of Legislative Positions at length. Council requested additions and changes to the Statement as follows: 1. Page 11, Item D, Correctional Facilities - Wildwood Facility should be in first place considering the problems that have arisen with funding the facility. 2. Page 11, Item E, Health Facilities - The Kenai health Center should be added to the list as a number -one priority. Williams requested the Clerk to speak with the Caucus secretary in regard to the requested changes. G-2b. 1994/1995 Fiscal Year, Annual Dues Council discussed whether to pay upcoming annual membership dues to the Kenai Peninsula Caucus. Councilman Measles suggested that if the Council feels the Caucus does not consider the City's projects as important as other areas, or the Caucus' attitude toward Kenai is not what it should be, the City should not continue their membership to the organization. A long discussion followed regarding the advantages and disadvantages for the city to be a member of the Caucus. Williams lobbied for continuation of the City's membership. Discussion involved projects the Caucus included in their KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 2, 1994 PAGE 23 Statement. Swarner suggested councilmembers should be more involved with the Caucus meetings and not let Williams have to attend them all. Williams stated membership to the Caucus allows for the City to keep in touch with other Peninsula cities and Chambers of Commerce and knowing what the concerns are for those other areas. MOTION: Councilwoman Monfor MOVED for John Williams to go back to the Caucus stating Council's concerns, especially those of Wildwood and the Public Health Center and Council will deal with the $727 for membership dues, in January. Councilman Smalley SECONDED the motion. Monfor added Council needed to make a decision of whether to remain members or not instead of discussing the issue every year. Williams stated he believed the Council, as a group, should be involved in the actions of the Legislature, Borough Assembly, Caucus and others in order to get more things accomplished in the City. Williams stated he believed there is room for more to be done. VOTE: Councilman Smalley requested UNANIMOOS CONSENT. There were no objections. 80 ORDERED. ******Return to Resolution No. 94-65: Councilman Smalley referred Council to Pages 19 and 20 of the October 19, 1994 Council Meeting Minutes. Smalley added Council requested reconsideration of Resolution No. 94-65 for tonight's meeting. Graves stated by a majority vote, Council may table Resolution No. 94-65, but because it was a reconsideration from the last meeting, Council should first vote on the reconsideration and then can postpone action. Measles stated Council should make a motion to adopt the resolution before there making a motion to table. Graves stated yes. KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 2, 1994 PAGE 24 DECLARATION: Williams declared all action taken on Item G-1 at this meeting be declared null and void. There were no objections of Council. MOTION: Councilman Measles MOVED for adoption of Resolution No. 94-65, awarding a contract to GeoEngineeers, Inc. for Environmental Services on the Lot 13 and Lot 14, CIIAP Site Assessment, 1994 Project for a not -to -exceed amount of $27,580.00. Councilman Smalley SECONDED the motion. Councilman Measles requested UNANIMOUS CONSENT. MOTION: Councilman Smalley MOVED to table Resolution No. 94-65 and Councilwoman Monfor SECONDED the motion. There were no objections. SO ORDERED. RESOLUTION NO. 94-65 WAS TABLED. G-3. Discussion - Proposed Oil & Gas Lease Sale 85A, Cook Inlet Exempt. Mayor Williams stated he put this item on the agenda because some tracts have been added to 85A since the last discussion. The Division of Oil and Gas has requested any information or comments about their proposed sale by March 4, 1995. Williams asked Administration to do a resolution stating there are no objections from the City of Kenai, bringing it back to Council at the December 7th meeting. ITEM H: NEW BUSINESS H-1. Bills to be Paid, Bills to be Ratified MOTION: Councilman Smalley MOVED to pay the bills. Councilwoman Swarner SECONDED the motion. There were no objections to the motion. SO ORDERED. KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 2, 1994 PAGE 25 H-2. Purchase Orders Exceeding $1,000 Kornelis explained that Sahlberg Equipment offered a demonstration of a burner for oil and other combustible wastes, oil filters, oily rags, and other such items. It burns very hot with no smoke and is approved by the DEC. These are items that have previously been shipped to Anchorage for disposal. MOTION: Councilman Smalley MOVED to approve purchase orders exceeding $1,000. Councilman Bookey SECONDED the motion. There were no objections to the motion. 80 ORDERED. H-3. Ordinance No. 1614-94 - Increasing Estimated Revenues and Appropriations by $4,000 in the General Fund From the Reserve for Athletic Expenditures. Approved by Consent Agenda. H-4. Discussion - Bicentennial Building - Humidity, Lighting and Security. Monfor said she put this item on the agenda. She stated she is concerned that there is over $1 million worth of artifacts and displays in the Cultural Center; and the lighting that is being used is improper for the artifacts. Monfor stated that the bicentennial quilt has been scorched because of the lights. She also stated the humidity is not being kept at the proper level for preserving the artifacts in the center. Monfor also stated there is apparently a problem with the security system but she didn't know the details. Monfor asked for Council's concurrence in having Administration find out what it would take and how much it would cost to upgrade the lighting and install a humidifier in the Bicentennial Building. She stated that everything in the Cultural Center is either owned by or on loan to the City of Kenai and should be kept up by the City. Monfor said Councilman Bookey has asked in the past for an upkeep manual for the Cultural Center which would include all necessary information regarding the security system, the lighting, and the humidity. She stated she would like a report at the next meeting. Kornelis said when he saw this item on the agenda he began gathering the information and had a report already prepared. He KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 2, 1994 PAGE 26 also stated there was a problem with the batteries in the security system; and that was being taken care of. Monfor suggested that this item be on the next agenda so everyone has a chance to read the report and discuss it then. H-5. Schedule Joint Work Session - Council/Planning & Zoning - Proposed Borough Overlay Ordinance Mayor Williams asked how many Borough work sessions regarding the overlay were planned to be held. Councilman Measles stated there will be several held in different places (e.g. Seward, Cooper Landing, and Sterling). The ordinance was introduced in Homer; work sessions will also be held in Anchorage. They are talking about expanding the scope of the ordinance to include not just the Kenai River but Kenai Lake and Snow Lake and all tributaries of the Kenai River. Councilman Bookey said he would like to see the Council wait awhile to see where this is going. He said someone should attend the work sessions, but there is nothing else to be done at this point. Mayor Williams asked the Clerk to contact the Borough Administration and tell them to copy the City with minutes of all meetings that are held and to let the City know when those meetings are being held so we can have someone in attendance. Richard Warrington - Requested a work session to review information regarding his neighbors using his right-of-way for parking. Williams suggested Warrington discuss this problem with the Planning & Zoning Commission. I. ADMINISTRATION REPORTS I-1. Mayor a. Economic Development District Board of Directors - Williams referred to the from EDD included in the packet. The letter notified the City the terms of Jim Elson and Tom Manninen were expiring on December 31, 1994. Williams asked Council if they had any objections to the reappointment of Elson and Manninen as the City's representatives to the Board. There were no objections. KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 2, 1994 PAGE 27 b. Commissioner Sandor Letter - Williams referred to the draft letter to Commissioner Sandor which was distributed at the beginning of the meeting. The letter requests public review of revised air quality regulations prior to their adoption. Williams asked if Council had any objections to sending the letter. There were no objections. C. Presidential Reception - Williams informed Council he had been listed as a guest for a reception for President Clinton during his stop -over trip in Alaska. The reception will be held on November 11. d. Ashley Reed/Lobbying Contract - Williams referred to the discussion presented by Ashley Reed at the beginning of the meeting and the information and points Reed made in regard to funding availability and the new State administration. Williams stated reasons why he believed it would be advantageous for the City to hire Reed as its lobbyist again. Williams added he believed Reed's involvement as lobbyist to Alascom would be helpful in the City's hope for the PTI operation to be moved to Kenai. Williams went on to state the PTI move to Kenai is in the forefront again. There have been discussions in regard to it, he has talked with private investors, etc. There is a lot of discussion behind the scenes. If PTI moves to Kenai, it will bring 115 new employee positions to the City. Williams stated he would like to continue discussions with PTI. MOTION: Councilwoman Monfor MOVED for the City to have a contract with Ashley Reed & Associates to continue his contract for one more year for the amount of $24,000. Councilman Smalley SECONDED the motion. Brown suggested Administration bring a contract and resolution back for Council review for action at the next meeting. MOTION ADDITION: Monfor requested the motion continue to state, "Administration bring a contract and resolution back for Council review for action at the next meeting. Smalley stated he had no objections to the addition. KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 2, 1994 PAGE 28 VOTE: Councilman Smalley requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. e. Bluff Erosion - Williams suggested the City store cement pads at the foot of the bluff which would deflect wave action at the bottom of the bluff. That type of action may not cost a lot of money. Measles suggested Council could ask Administration to research/ investigate the legal ramifications, ownership of property at the bottom of the bluff, etc. of Williams suggestion. Graves stated he believed some permitting would be required. Kornelis informed Council he would be meeting with a representative of the Corps of Engineers in the morning who would be examining the problem and the damage done. He has contacted property owners along the bluff that are interested, as well as Mr. Peters and representatives of the Chapel. Williams suggested the City may need to take matters into its own hands. f. Snow Removal Problems - Williams reported he received numerous phone call complaints regarding snow in driveways. He told the callers, the matter would be addressed at this meeting. I-2. City Manager a. Emergency Operations Center (EOC) Expansion - Manninen distributed a copy of a memorandum from Chief Burnett in regard to a proposed EOC expansion at the Kenai Fire Department. This expansion would allow the Kenai Fire Department to function as the primary EOC for the Kenai Peninsula's North Zone. Matching grant funds are available through the Federal Emergency Management Agency (FEMA) to help cover costs of design, construction and possibly equipping the center. The breakdown of funding would be 25% from City, 25% from Borough and 50% from FEMA. Manninen requested authorization from Council to investigate the possibility of receiving grant funds. There would be no commitment from Council at this time for any funding. Smalley stated if Council was not making a final commitment at this time, he thought they should go ahead with the KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 2, 1994 PAGE 29 investigation. Bookey asked if the City's portion would be 25%. Manninen stated yes. Burnett stated he was not sure they could acquire the grant. He believed the Borough would be willing to commit to funding through the Borough Emergency Management Department. Smalley asked if additional manpower would be required. Burnett stated no. It will be a place for the emergency management persons to meet and make decisions. Council's consensus was to go ahead with the investigation of whether funding could be received for such an expansion. b. Snow Removal - Manninen stated he believed Administration can handle the snow removal problems internally. He will be meeting with Kornelis about what they are doing and what they can do. They can improve. If Council has suggestions, please let him know. Williams stated there is a lot of Council and citizen concern about the plugged up driveways. He received several calls from elderly people who were unable to move the snow themselves. Smalley stated those were basically the same kind of calls he received. Smalley suggested the wings be removed from the graders and replaced with gates. Kornelis stated the gates cut down the productivity of the grader by one-half. Kornelis further explained the advantages of wings on the graders and disadvantages of the gates. Using the gates would be a very expensive and time-consuming way of plowing snow. Kornelis distributed a report regarding snow removal which was written in 1978 and 1981. At that time, there were 61 miles of road needing plowed in the City. There were six operators at that time. Williams suggested another pick-up truck be fitted with a plow for clearing driveways. Also a hotline for dispatching of a truck. Manninen stated he did not believe this was a good method to solve the problem. Williams stated the problem occurs year after year and the City gets bigger and bigger and more complaints are received and they get more compounded. The problem needs to be addressed now. Manninen suggested other people in the City could be used on the plows or scheduling could be different. It was not acceptable what happened with the snow removal today. They needed to be ready for it. KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 2, 1994 PAGE 30 Bannock stated he believed the snow in the driveways is a problem. He brought a newspaper article for Council to read which discussed the problem as well. The City needs to recognize the snow -in -the -driveway is a problem and it must be solved. Council should be open to any options available. Manninen stated Council should make a deadline in which time they want the snow cleared (he suggested 24 hours). Bannock stated he didn't care how it was done, just get it done. Manninen stated the issue might be better served if they stated what the service should be. what does Council want done, how soon, etc. Policy -type decisions. Smalley stated he agreed with everything said. He was concerned about the statement to have the snow plowed and cleared from driveways within 24 hours. This will take more money and equipment. Williams suggested the City contract the work to open up driveways if it is not possible for the City crews to be able to do it. Bannock stated it was a matter of priorities. Swarner stated the snow -in -the -driveways has been a priority. It should be getting done. There are enough people in the City to do it. Monfor reminded Council the City used to contract out the plowing in VIP and Thompson Park. Monfor added her area had not been plowed until 4:00 p.m. today. People had a right to call in and be angry. Monfor added Manninen stated he had a plan. The snow should be cleared sometime between 24 and 48 hours. She missed a day of work because of the blocked roads. I-3. Attorney Graves reported he attended a NIMLO conference last week. The conference was very good. Discussions included halfway houses (they are an issue all over the country), sign codes, etc. I-4. City Clerk Freas reported absentee balloting was available during the day at City Hall through election day. I-5. Finance Director No report. KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 2, 1994 PAGE 31 I-6. Public Works Director No report. I-7. Airport Manager No report. ITEM J: DISCUSSION J-1. Citizens None. J-2. Council Bookey - Asked what the progress was for having procedural manuals for all the City buildings. Manninen stated it has been reported to him they are in the process of being done. He will check on their progress. Swarner - a. Reported she and Councilwoman Monfor will be attending a National Civic League conference in Philadelphia next week. The conference will be about governance and healthy communities. b. Swarner asked how the City could have better handled the problem between the contractor, engineer and supplier for the airport gates. Could it have helped if the Council was made aware of the problem earlier. Kornelis stated he was not aware of Nelson's additional costs at the time. Swarner asked why Council was not informed of problems with the gates. Kornelis stated he believed they called the manufacturer of gates. The actual problem was the gate manufacturer that the City specified. We told the design engineer (Nelson) which gate and parts we wanted to have placed in the specifications. He was not involved in the decision of which gate would be used, but he understood the City thought this was the best gate. Ernst added a point of clarity. Ernst stated the City specified a pivot gate instead of a sliding gate. That was the only criteria the City had. Who the supplier was, was decided at the bid. The City did not specify the manufacturer in the specifications because the FAA would not have allowed it. The City only specified the type of gate. Ernst added he felt too much of the debate was being put on the manufacturer used. He KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 2, 1994 PAGE 32 felt it was a joint effort on the part of the manufacturer (Western Gateworks), Peninsula Fence and the prime contractor, Jahrig Electric. Those contractors created the problem. Ernst stated he did not believe it was the blame of just the manufacturer of the gate because there were delays all along contributed to the gate manufacturer, the local fencing company and the prime contractor. Monfor - Requested Administration investigate the use of community service workers (through the prison) in the City. Monfor suggested a community service worker could be used to shovel out driveways for distressed seniors, etc. Monfor requested this information be brought back to Council at a future meeting. Measles - Nothing. Bannock - Invited Council and others to Craycroft Chrysler to await the election decisions. Smalley - Informed Council Iona Wilson (who was a long-time resident of Kenai and who used to attend many council meetings) passed away. Council requested Clerk Freas draft sympathy letters to the family. Williams requested letters be sent to the Swackhammer family and the Earl Billingslea family. Williams - Referred to the Healthy Communities information included in the packet. Williams suggested a representative for the City be named to the coordinating committee. Swarner stated she suggested Williams. Chief Morris stated he was invited to the coordinating meeting. He did not know if there would be a lot of participation from the police department perspective. Morris was requested to attend the next meeting or two to give the Council some observations, etc. Morris stated he would attend. Swarner noted their big meeting and are encouraging lots of people to attend. ITEM K: ADJOURNMENT The meeting adjourned at approximately 11:50 p.m. Minutes transcribed and submitted by: Carol L. Freas, City Clerk r"z KENAI CITY COUNCIL GOALS & OBJECTIVES WORK SESSION NOVEMBER 1, 1994 KENAI CITY COUNCIL CHAMBERS 7:00 P.M. Council Present: Williams, Bookey, Monfor, Measles, Swarner and Bannock. Council Absent: Smalley. Staff Present: Freas, Brown, Ernst, Kornelis, Burnett, DeForest, McGillivray, Porter, Morris and Manninen. video: Williams asked what the progress was on the Kenai video. Monfor stated she was to receive a copy of the video the first of next week. Williams stated he has a realtor very interested in having a copy of the video as there is a possibility Sears will move back into Kenai. Williams added Alan Norville is wanting to build small business shops along side the Dairy Queen. Ischi wants to sell part of his property and Norville wants to put small retail shops there. Goals & Objectives: Williams referred to the information distributed to Council by the City Clerk. Council referred to Attachments E and F and numbered the list in the priority they desired (Exhibit A, attached). Discussion followed item to item on the short-term and long-term priority lists. SHORT-TERM GOALS: Well Development: Kornelis passed out an updated report in regard to water well development (attached). Water well development was listed as priority number one on the short-term priority list. Kornelis added it will be necessary to update controls now in operation in conjunction with any new wellhouse added to the line. The control system was added to the well development. Water/Sewer Development: Kornelis reported an inventory of water and sewer lines in the City had been developed. A short discussion followed. Council determined water/sewer development to be the number two priority. Rotary development of fish pond on Marathon Road: Council directed Manninen to write to the University and suggest a lease amendment which would free the pond and surrounding area for development by Rotary Club as a park. KENAI CITY COUNCIL WORK SESSION NOVEMBER 1, 1994 PAGE 2 Erosion: Williams reported he spoke with Senator Stevens about the bluff erosion when Stevens visited Kenai. Manninen reported Stevens suggested the City discuss the problem with the Corps of Engineers and suggest dredging the mouth, placing a levee, etc. Kornelis reported a Corps representative will be in Kenai on Thursday and will be reviewing the bluff erosion. Manninen suggested bluff erosion remain a high priority as it may receive more attention from the Corps. Discussion followed. It was decided to place it as continual long-term goal. Architectural Drawings/Library Addition: Wellness Program: McGillivray reported a survey was taken of the employees and is being compiled for review by Council. Monfor suggested an employee committee be put in place to bring ideas to Council. Manninen stated the information would be brought to Council within a few weeks. The wellness program was placed as #3 priority. Health Nurses: Placed as No. 5. Itinerant Campina: Bookey stated he felt the City has done its part with developing and enforcing an ordinance. The canneries have put their own camping areas into operation. Monfor suggested it be removed from the list. However, the dipnetting area at the mouth of the River is more important. Police and Parks' crews should coordinate in regard to managing that area. Tent Camping: McGillivray suggested more spaces will be needed as knowledge of the area is more wide -spread. Council suggested Administration bring back this type of information (expansion needs, etc.) at budget discussion. Police Car Radios: Chief Morris explained the need for new radios: those in operation are 15 years old; they are not able to talk with the Troopers when both need to respond to an emergency; this inability to communicate could be critical, etc. Cost for the radios would be approximately $10,000. Placed as No. 4. Cooperation between Beautification and local businesses: Swarner stated this would include encouragement to mow lawns, plant KENAI CITY COUNCIL WORK SESSION NOVEMBER 1, 1994 PAGE 3 grass, flowers, etc. It was decided this needs to be done between Parks & Recreation and Administration. It was removed from the list. Library Addition: Kornelis reported the cost analysis for the addition has been completed and was presented to Council as an information item in a council packet. The item was removed from the list. Ambulance Fee: A long discussion transpired. Councilman Bookey stated he did not support an ambulance fee: have not had one for approximately 20 years; the city is in good financial condition; sees it as a taxation; it's not needed yet. Councilman Measles stated he supported a fee: he doesn't see it as a tax, it's a service; in most areas, it is a fee; the cost for operation of an ambulance and EMT shouldn't be provided without a charge. Councilwoman Monfor stated she agreed with Bookey and suggested discussing it again at budget time. Monfor added she did not agree that people from out of the city are able to use the service at no cost as well. Williams stated he has asked citizens how they felt about a fee. Most had no problem with having a fee. It would cut out the misuse of calling for an ambulance (by patients and doctors). The city manager can set a fee, the council needs to say to stop. Williams suggested a "town hall" meeting to educate the citizenry. Bookey stated he believed a public hearing should be held if Council considers setting an ambulance fee. Monfor asked why the discussion was pulled from a recent agenda. Williams stated it was political. He did not want the discussion to come up a week before election. There was also some discrepancy of how the Medicaid fee is billed and paid. Williams agreed a "town hall" meeting or public hearing should be held. Williams suggested staff prepare the arguments in writing and have them available for the public. Invitations can be sent to people in the community. KENAI CITY COUNCIL WORK SESSION NOVEMBER 1, 1994 PAGE 4 Bannock stated Council needs to decide if they want to make money and how much, etc. Burnett stated the fee schedule was based on the cost of a run. Bannock agreed a fee would cut down on the amount of frivolous calls. Williams added a portion of the fee could be used to put toward replacing future ambulances, etc. Swarner stated she supported the fee, but did not agree with insurance covering the costs. Monfor added she believed it would be easy to support, but not to add revenue, but to cut down on the frivolous calls -- to make better use of the service. Council decided a "town hall" meeting should be held in January. LONG-TERM GOALS: Bookey reported he received a telephone call prior to the work session. The Kenai Bible Chapel, on Mission Street, requested the City purchase the church and the Miller house (perhaps a trade of property). Williams stated his first reaction was "no." If the City would purchase/trade that property, other property owners may want. the same solution. Bob Peters - Did not think the Church's suggestion was a bad idea. The City could use the house and church as an area for viewing the mouth of the river, fishing fleet watching, etc. After a long discussion, Council determined to place bluff erosion as No. 7 on the short-term list, but call it "Save Mission Avenue." Library Addition: The Library Commission continuation of working on floor plan and schematic for library addition. Council determined to place this project in the first year. Record Retention: Clerk Freas reported she will be gathering information, etc. regarding this system. Council determined to place in first year. Assistant City Manager/Personnel Director: Williams suggesting discussing with Manninen whether the position is titled correctly and what the job would entail, i.e. propose a job description, determine when and if the position should be filled. Council determined to discuss the matter at budget time again. KENAI CITY COUNCIL WORK SESSION NOVEMBER 1, 1994 PAGE 5 Library Computer: Council determined to leave this at the third year (1997) for replacement. Finance Department Computer: It was listed as a replacement needed in the fourth year. Brown reviewed his memorandum included in the packet of information which explained why there is more of an urgency to upgrade the computer and what the advantages were to upgrade with the newly developed software. Council first determined to move the discussion for this computer upgrade to the 1995-96 budget sessions. Discussion continued wherein Brown discussed the amount of time his employees could not be using the computer and doing other work because of the slowness, etc. of the program now in use. Brown was asked by Williams what the delivery time would be for the new computer and software. Measles suggested they would not want to wait until next year to purchase the upgrade. Council determined to place discussion of this item at the budget sessions. However, Brown was also to get the delivery information and keep Council posted in case upgrading will need to be done prior to the end of this fiscal year. BREAK: 8:35 P.M. BACK TO ORDER: 8:50 P.M. Airport Carpet: Ernst stated the estimate was completed and the cost for replacement is included in this year's budget. Senior Center vans: Swarner requested these be placed on the list. Williams suggested a list of heavy equipment needs be formulated. Monfor asked if the vans could be purchased from the housing rental monies. Williams stated it could if it was the City's portion of the money. Bookey stated he would like to rotate the purchase of trucks, etc. so the cost doesn't come all at once. Determination: Discuss at 1995-96 budget sessions. Greenhouse: Remove. KENAI CITY COUNCIL WORK SESSION NOVEMBER 1, 1994 PAGE 6 Development of Two -Way System (with Fire Training School) for use of fire trucks: Placed for 1995. Burnett stated there is no priority because the school does not have a housing facility available. Feasibility/ cost analysis - clarifier: Kornelis stated it should include an STP expansion. Council determined to do a feasibility study by 1997 and start construction in FY 98. Place as discussion during budget sessions for 1995-96. Street light analysis: Kornelis stated he has an analysis of the existing system and has a list of requested lights by citizens and the Police Department. Determination: Review in 1996. Congregate Housing Addition: Determination: Review in 1996 -- discuss developing plans. Satellite Fire Station: Discussion followed regarding cost estimate, possible insurance deduction, etc. Burnett stated a satellite fire station is needed in the Thompson Park area. With the new water system available, it would lower insurance rates, etc. Burnett added new equipment would not be needed. Additional workers may be, however he suggested the use of auxiliary call -in use. Determination: Place for design in 1996. Future Boat Ramp development in Kenai River: Remove. Additional boat ramp facilities/city dock: Determination: Place for design in 1996. Car rental bids: Remove. Investigate future funding sources: Remove. Expand utilization of City Hall: Leave on the list, however nothing can be done until the Public Health Service is moved. KENAI CITY COUNCIL WORK SESSION NOVEMBER 1, 1994 PAGE 7 PUBLIC WORKS LIST: Council reviewed information distributed by Kornelis at the beginning of the work session -- Major Goals & Objectives of the Public Works Department. Findings were as follows: REMOVE: (New) Existing wellhouses and pumphouse control upgrade. REMOVE: (New) Replace pick-ups/cars/vans that are over ten years old or 100,000 miles. DISCUSS CIP WORK SESSION: Animal Control Shelter. 1995: (New) ADA building requirements. 1995: (New) OSHA safety requirements. FY1995: (New) Relocation of water and sewer lines on Mission Avenue at the bluff. BUDGET REVIEW 1995/96: (New) Additional personnel for Public Works, i.e. Safety/Environmental Officer to implement federal and state regulations (OSHA and contamination regulations). ALREADY LISTED: Water and sewer line expansion; inventory of existing lines; cost for new ones. STP PLAN- NING: Sewer collection study, flow and filtration. ONGOING: New wellhouse - well, building, tank, pumps, chlorine, controls. BUDGETED: Public Safety generator - upgrade/repair. REMOVED (already discussed): Bluff erosion Library expansion Tent camping expansion/upgrading. KENAI CITY COUNCIL WORK SESSION NOVEMBER 1, 1994 PAGE 8 Public Works computer. Working and storage space for City Hall. Comments made during discussion: Animal Control Shelter: Discuss during CIP work session. OSHA safety requirements: The plan is in the works. It is a city-wide, department -wide plan. The plan should be finalized in a month. ADA requirements: Kornelis reported Engineer La Shot was working on this. A plan will be done by the end of the fiscal year. Replacement of water/sewer on Mission Avenue: Measles stated his concern there may be freezing problems during this winter. Kornelis stated he believed they should do the engineering during this winter and ready for construction in the summer. There will probably be a lift station added. The line is about 20 ft. from the bluff. Williams suggested a cost estimate should be ready for the FY 96 budget. If the work needs to be completed sooner it could be. Kornelis suggested grant funds may be available for the work. Additional personnel for Public Works Department: Kornelis stated his concern that the OSHA safety plan was taking a lot of time in the planning and would also take a lot of time in the implementation. He believes he will also need one-half a person to deal with contaminated soils, etc. Williams suggested this job requirement could be included in the proposed personnel/assistant city manager position. Bookey suggested that after the plan is implemented less time will be needed of that person to keep it going. Williams suggested they discuss this at budget time in conjunction with the personnel director/assistant city manager, etc. position. Generator: In the budget. Remove it from the list. Storage: Williams reported he has had an indication that Jackson will not be renewing his lease. He has on his leased property a quonset but which possibly could be used by the city for additional storage. Determination: Will deal with this in the normal course of business. KENAI CITY COUNCIL WORK SESSION NOVEMBER 1, 1994 PAGE 9 Public Works/Long-Term Placed as follows: REMOVE: (New) Complete water main line loops. BUDGET DISCUSSION: (New) Additional personnel for Public Works: a. Building maintenance worker b. Shop C. Streets d. Planning and code enforcement person DISCIISSED: STP expansion - aeration basins, clarifier, and associated items. CIP DISCUSS: Road upgrading - gravel, drainage, paving (have inventory completed). BUDGET DISCUSSION: City's street light program. DISCIISSED: Bluff erosion (on Council's list). REMOVED: Future boat ramp, boat dock area (on Council's list) . REMOVED: Birch Island boardwalk. REMOVED: Congregate Housing Addition (on Council's list). Parks & Recreation - Tree Grant - McGillivray reported the grant would allow purchase and placement of trees by a small business. Future maintenance of the trees would be the City's responsibility. Williams stated he did not like the continual care of the trees to be the City's responsibility. Lobbying Contract: Williams discussed reasons why Council might want to renew a lobbying contract with Ashley Reed (money was distributed to other Legislative accounts during last budget session). KENAI CITY COUNCIL WORK SESSION NOVEMBER 1, 1994 PAGE 10 Capital Grants List Work Session: Council determined to hold a work session to discuss the CIP list on November 22, 1994 at the Community Library Conference Room, beginning at 7:00 p.m. A new CIP list would be presented for action at the 11/23/94 council meeting. ADJOURNMENT: The work session adjourned at approximately 9:45 p.m. Minutes transcribed and submitted by: Carol L. Freas, City Clerk KENAI CITY COUNCIL WORK SESSION NOVEMBER 1, 1994 PAGE 11 SHORT-TERM GOALS Priority Proiect 1. After new well testing okayed, develop cost estimate for a wellhouse facility and pipeline/hook-up construction to get water from the well to the existing system and control system. 2. Development a complete inventory of water and sewer system to be built -- center core, inner core and outer core of City. Prepare cost estimate for work needed in present dollar value. 3. Develop a wellness program policy for all city employees. Purchase new car radios (Police Department). 5. Assist appropriate agencies in relocation of Public Health Clinic. 6. Ambulance fee proposal - prepare plan to present to council. 7. Save Mission Avenue. ATTACHMENT "A" Page 1 of 2 (11/8/94) KENAI CITY COUNCIL WORK SESSION NOVEMBER 1, 1994 PAGE 12 LONG-TERM GOALS 1995 PROJECT Library Commission to continue working on floor plan and schematic for library addition. Record retention computer/Clerk's department. Budget Discussion: Additional personnel for Public Safety. Develop a two-way system (with Fire Training School) for use of two fire trucks. 1996 PROJECT Budget Discussion: Personnel Director/Assistant City Manager Finance Department computer replacement/upgrade. Feasibility/cost analysis to design a new clarifier system. REVIEW: An analysis of the city's street light program. REVIEW: Addition to Congregate Housing. Satellite fire stations - Design. Additional boat ramp facilities - Design. 1997 PROJECT ON -GOING: Library computer. New shop equipment repair building - Design. Expand utilization of City Hall. Erosion problem. ATTACHMENT "A" Page 2 of 2 (11/8/94) KENAI CITY COUNCIL WORK SESSION NOVEMBER 1, 1994 PAGE 13 REMOVED FROM SHORT TERM LIST: REMOVED Get cost analysis for architectural rendering of library addition. REMOVED Establish a tourism/visitor fee tenting -only campground with management within the park and clean it up. MANAGEMENT Coordinate between Police and Parks enforcement. PROBLEM REMOVED Itinerant Campground - Establish a committee to address the cannery worker issue. REMOVED Parks & Recreation Department cooperate with businesses concerning beautification. T' TO WRITE L IERSITY Rotary Club development of fish pond along Marathon Road. Contact university -- ask if they would allow this development for community use on that property and perhaps the city take back that portion of the property leased to the university. REMOVED Well development - Administration was is to review Nelson study and determine what is best for the city. Administration is to bring recommendations to council by December, 1994. LONG TERM Erosion study. REMOVED FROM LONG TERM LIST: BEAUTIFICATION 1995 No. 1 priority for the Beautification Committee to develop a plan and method for cooperative work between the Extension Service and the City to place a greenhouse by garden plots/ballfields. REMOVE Develop a new policy to re -bid car rental leases by April 1 with effective date of July 1. THESE ARE FIVE-YEAR LEASES. THE TIMING WAS NOT WORKABLE TO DEVELOP A NEW POLICY THIS YEAR (LEASES EXPIRED JUNE 30, 1994/CALENDARED FOR LEASING IN 1999. ON -GOING 1995, 96 and 97 budgets -- computer upgrades - Council to set fixed amount of money for department computer needs. KENAI CITY COUNCIL WORK SESSION NOVEMBER 1, 1994 PAGE 14 :EMOVE Restructure the Parks & Recreation Commission by replacing some of its members with members of the Beautification Committee and sunsetting the Beautification Committee. tEMOVE Incorporate airport report into five-year plan. 1EMOVE Future development of a boat ramp in the Kenai River. 2EMOVE Pursuit of a boardwalk project with the State at 100% State funding -- in pursuit, grant applications transmitted. tEMOVE City greenhouse tEMOVE Investigate future funding sources (dedicated taxes, service areas, etc.) IENOVE Cost estimate for carpet replacement at airport terminal. GOALS & OBJECTIVES WORK SESSION NOVEMBER 1, 1994 "TO DO" LIST TM - Write to University regarding lease of property which includes the pond along Marathon Road. Ask whether lease might be amended to exclude the pond for use as a park to be built by the Rotary Club. TM/KO - Bring back expansion needs, etc. of tent camping area at budget discussions. TM/ Beauti- cation - Work with Beautification Committee to encourage local businesses to mow lawns, plant grass, flowers, etc. Council - Plan for "town hall" meeting in January to discuss ambulance fee - who to send invitations to; information to be available to the public, etc. CITY OF KENA j -- r ., Gd CapzW cq,41awwa 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 - _ FAX 907-283-3014 'III'! i"a MEMORANDUM TO: Kenai City Council FROM: Kim Howard, Acting City Manager r DATE: November 16, 1994 RE: Visitor's Center - UV Light Reduction and Humidifier In response to a request by the Visitor's Center, attached is a memorandum from the Public Works Department with recommendations regarding UV light reduction and a humidifier for the Visitor's Center. These items were not budgeted for and money would have to be appropriated at the December 7 Council meeting. Purchase orders can be included on the December 7 list of purchase orders exceeding $1,000. The City Administration requests Council direction. /kh C:\WPDOCS\WORK\UVHUMID.MEM MEMORANDUM TO: Kim Howard, Acting City Manager Charles A. Brown, City Finance Director FROM: Keith Kornelis, Public Works Director DATE: November 15, 1994 SUBJECT: KBV&CC Requests FOR: City Council meeting of 11/23/94 The Kenai Visitors and Convention Bureau, Inc. has requested some work to the Kenai Bicentennial Visitors and Cultural Center building. The request is to reduce the UV light and increase the humidity. The cost is listed below: UL Light Reduction Randy's Glass - Heat mirror glazing Brown's Electric - Filter Sleeves Humidifier Alaska Winter Company - Humidifier Jahrig Electric - Electrical Installation Wade's Plumbing - Plumbing Installation $2,328.62 (R & M) 378.00 (R & M Supplies) $2,425.00 (M & E) 1,200.00 (R & M) 1,200.00 (R & M) Public Works did not know of these needs at budget time and therefore we did not budget for them. If Council decides they want to do this work, the following amounts need to be put in the Building's accounts: Repair & Maintenance Supplies (001.34.2023) .................... $ 378.00 Repair & Maintenance (001.34.4538) ............................. 4,728.62 Machinery & Equipment (001.34.8064) ............................ 2,425.00 I have prepared purchase orders to each of the five vendors listed above and have attached them. Also attached is Robert Springer's memo dated November 1, 1994, which I passed out at the last council meeting (11/2/94). Public Works is prepared to do whatever we are directed to do. KK/kw Attachments MEMORANDUM ftttitiitllltlttitillftlttiiittittlltlitttttililttt!liit!!ltltllttllittllttttt DATE: November 1. 1994 TO: Keith. Kornelis. P.W.D. FROM: Robert Springer. B.O. 9 SUBJECT: Visitor Center - UV light reduction modifications - Humidifier installation fttitttllif of tlttf ttf tilt! tlillltllttttltttt tuftltttttltttttltltttlttlttfttt After doing extensive research into the requested UV light reduction modifications at the Visitors Center, the following are recommendations and costs associated with these modifications. The first requested modification was application of filtering films to existing glass in windows. There are several problems associated with this proposal: 1. The local window companies do not stock or install this product. 2. Since no one locally installs this product the building maintenance department would have to install it, which would be very time consuming, time which could be better spent. 3. This product is a high maintenance item as every few years it will have to be replaced, because it peels and bubbles, and is not visually pleasing. An alternative to this product would be to install transparent Mylar Shades which is similar to the filtering films as it cuts down on the UV light, but is a shade and not attached to the glass. The cost estimate from Regal Interiors including installation in $1301. Another alternative is to install blinds, this cost is from $1466.07 to $1653.90 depending on the type of blind. The problem with these are in order to cut down the UV light they would have to be closed all the time and are also a high maintenance item. The second requested modification was addition of specially treated glass or plastic glazing panels. In order to achieve this the entire glazing would be replaced. The cost estimate from Randy's Glass for TC-88 heat mirror glazing which eliminates 99.7% of the UV light including installation is $2328.62. While the cost is slightly higher the benefits are greater than installing blinds or shades, as there would be no additional maintenance costs once installed and they allow light in at all times since shades would not be needed. As far as visual impact on the building, the supplier assured me they would look no different than any other window on the building. Also, there would be no moisture entrapment between the sash and the panel as this glazing is the same as any thermopane window with one exception, it has a UV resistant film between the layers of glazing. The third modification was filters for lighting fixtures. The cost estimate we have from Brown's Electric for sleeves for the fluorescent light tubes was $378 and does not include installation. So either the janitorial service or building maintenance would have to install these sleeves. There are 54 tubes in the room so there is some time involved in installing these sleeves. We cannot locate filters for the spot lights and incandescent recessed fixtures, as all the electrical distributors say there are no such filters for the fixtures. Since these fixtures are on dimming switches they can be dimmed which will cut down on the UV light being emitted. The spot lights that created the burn marks on the quilt can also be dimmed which should eliminate this problem. To recap the numbers: UV Light reduction: Regal Interiors Randy's Glass Brown's Electric Humidification: Alaska Winter Co. Jahrig Electric Wades Plumbing Shades - horizontal = 1653.90 Shades - Vertical = 1466.02 Shades - Millar = 1301.00 Heat mirror glazing = 2328.62 Filter sleeves = 378.00 Humidifier = 2425.00 Electrical Install = 1200.00 Plumbing Install = 1200.00 I would suggest for the UV reduction we install the new glazing and the filter sleeves for two reasons: 1) the two largest UV light emitters are the outside light through the existing windows and the fluorescent lighting; 2) there is virtually no additional maintenance costs involved once the windows are installed. As you know, we did not budget for this, so I would think a special appropriation would be needed to install these items. 1►�aiY.�1 Mr. Tom Manninen, City Manager CITY OF KENAI 210 Fidalgo Street Kenai, Alaska 99611 Dear Tom: Kenai Visitors and Convention Bureau, Inc. October 28, 1994 Relative to our recent conversation concerning the Kenai Bicentennial Visitors 8 Cultural Center, the following is a synopsis of problems arising from excessive light and lack of humidity. The useage of high wattage and unshielded lighting in the Cultural Center has caused some alarming damage to certain textiles and artifacts. The effect on these items is irreversible, permanent and noticeable. The textiles affected have already been weakened by the lack of acceptable humidity in the building. Our staff has compiled specific guidelines obtained from the National Park Service and the Alaska State Museum "Wise Guide". City of Kenai personnel have done extensive research on resolving the humidification situation and have submitted their recommendations and cost estimates. Representatives from the Department of Public Works are also preparing cost estimates to address the windows and specially designed coverings for the light fixtures to help in reducing the UV levels in the Cultural Center. We shall be very happy to provide any information and/or assistance to resolve this matter. It truly is a priority in that we must preserve the integrity of the $1.5 million inventory in existing exhibits and future accessions. Thank you. Sin rely, Su Carter Executive Director CC: Honorable Mayor & Members of Council P. O. Box 1991, Kenai, Alaska 99611 0 (907) 283-1991 MEMORANDUM To: Kenai City Council Through: Kim Howard, Acting City Manager Through: Keith Kornelis, Public Works Di ctor From: Jack La Shot, City Engineer c Date: November 17, 1994 Subject: Kenai River Overlay District (KPB 94-52) For: City Council Meeting of November 23, 1994 Please review the attached memo from Phil Bryson, City of Kenai and Kenai Borough Planning Commission member, and a memo from Carol Freas, City Clerk, which refers to conversations with Dick Troeger, KPB Planning Director. It is, obviously, considered important by both, that the City formulate a position regarding the proposed overlay district. It would probably be best to have a joint City Council/City Planning Commission work session to work on this matter. A date before the December 3rd, KPB Work Session would be best, or as soon as possible, if that is impractical. If Council desires a work session, I will put together as much information as possible, including proposed boundaries, and possible alternatives and forward that information to you for your review prior to the work session. NOU-16-1994 11:19 WCB KENAI 907 283 4676 P.01 MEMO TO: CITY OF KENAI, DEPARTMENT OF PUBLIC WORKS ATTENTION: JACK LA SHOT FROM: PHIL BRYSON, KPB PLANNING COMMISSION DATE.- NOVEMBER 16, 1994 SUBJECT. PROPOSED KPB ORDINANCE 94-52, KENAI RIVER OVERLAY DISTRICT KPB Planning Director Dick Traeger, during our KPB Planning Commission meeting of November 14, 1994, reported that subject ordinance chair Drathman has scheduled a work session on December 3, 1994 fall day) to provide input from regulatory agencies having an interest in the River. Grace Merkes has been appointed vice chair. No other committee members are known. At that time, I indicated that it seems that the City should be invited to such a session since they presently have zoning authority over 4000 - 5000 acres of that area. To my knowledge, the City has not been notified to provide input or attend. There presently is somewhat of a clerical void as the overlay committee has not requested staff assistance from either the Borough Mayor or the Planning Director. The Planning Director also again indicated that he feels that it is'ihe best interest of the City to provide input early and be specific. Post -it- brand fax transmittal memo 70 *.f—p;� ► ' �,K �j C� frown 1 L— r— C.S.1 �, _ 1 co. ow. �.0 W4`•l�� Phone* Fax M Fe:* TOTAL P.01 TO: Mayor and Councilmembers FROM: Carol L. Freas, City Clerk City of Kenai DATE: November 9, 199 RE: KENAI PENINSULA BOROUGH ORDINANCE - Establishing the Kenai River Overlay District, Establishing Conditional Use Permit Requirements and Setting Forth Conditional Use Permit Approval Criteria On Monday, November 7, Dick Troegher telephoned this office and requested to speak to Jack La Shot. While I had Dick on the line, I informed him of Council's request for copies of minutes/notes taken during Assembly work sessions in regard to the above -referenced ordinance. I also requested the City of Kenai be notified of upcoming work sessions in order to be represented at the sessions. During our discussion, Mr. Troegher stated he believed it important the City of Kenai present their comments in regard to the ordinance as soon as possible. He believes it will take some time for the ordinance to be developed, but sees it as an advantage for our comments to be heard from the beginning in order to include those thoughts while the ordinance is developed. I have attached a copy of the follow-up letter I mailed to the Borough requesting copies of minutes/notes and work session notices. clf CITY OF KENAI Gil eat 4 4&&4.a ►, 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 'IIIII 1992 November 9, 1994 Richard P. Troegher, Planning Director Kenai Peninsula Borough 144 North Binkley Street Soldotna, AK 99669 RE: KENAI PENINSULA BOROUGH ORDINANCE - Establishing the Kenai River Overlay District, Establishing Conditional Use Permit Requirements and Setting Forth Conditional Use Permit Approval Criteria As we discussed during our telephone conversation on Monday, November 7, the Kenai City Council reviewed the above -referenced Borough overlay ordinance at their November 2 meeting. At that meeting, the Kenai City Council requested copies of past and future minutes/notes taken during Assembly work sessions on the overlay ordinance. The Kenai City Council also requests notification of upcoming work sessions in order they may be represented and take part in the discussions. Please send copies of minutes/notes and work session notices to the following address: Carol L. Freas, City Clerk City of Kenai 210 Fidalgo Avenue, Suite 200 Kenai, AK 99611-7794 Your attention to this matter will be appreciated. CITY OF KENAI Car L. Freas City Clerk clf cc: Assemblyman Ron Drathsman Gaye Vaughan, Borough Clerk MEMORANDUM Date: November 18, 1994 To: Mayor Williams and Kenai City Council Through: Kim Howard, Acting City Manager F 4" Through: Keith Kornelis, Public Works Director From. Rachel Clark, Engineering Technician �u Subject: Alaska Courthouse Site Remediation Project Contract Amendment for Council meeting of 11/23/94 All of the soil at the Courthouse Site has been washed, and approximately 7000 cy has been disposed of off -site. The Contractor is unable to remediate the remaining fines (750 cy) by the scheduled project completion date of September 30, 1994. The Contractor does not believe he can remediate the fines until next summer. The Contractor has proposed a Contract Amendment (see attached letter) to extend the completion date, waive liquidated damages until September 1 1995, and release additional withheld money. The Public Works Department suggests the following alternatives (see attached Contract Amendment No. 1) to the Contractors proposal: 1. LIQUIDATED DAMAGES The City should be able to assess damages from September 30, 1994 to November 24, 1994, assumably the date this Amendment is signed. This would result in $5,400 that could be used in the event that remobilization is required for the Site Assessment due to the Contractors presence on -site. The liquidated damages will be increased to $300.00 per day after September 1, 1995 as further inducement for the Contractor to finish on time. 2. WITHHELD MONIES: The City currently withholds 60% of each bid item until ADEC has declared all of the soil clean. The Contractor has cleaned approximately 90% of the soil (750 cy remains). As such, the Contractor suggested release of up to 90% of each bid item, based on the amount of work completed. This would leave the City withholding $64,100.00. The Finance Department suggests leaving the withholding at 60%. Public Works suggests a compromise of 80% withholding, leaving the City $93,020.00. 3. DEFAULT OF THE CONTRACTOR In the event that the Contractor defaults, and does not complete the project, the following expenses will be incurred to remediate the remaining soil: Clean Soils of Anchorage indicated their Nikiski incineration plant will be accepting outside soil sometime next spring. The price will be approximately $45.00/ton, and will include all staging, testing, and disposal. Transportation of Soil - 75 loads @$50.00 $3,750.00 Clean Soils - staging, incineration, testing, disposal - 1125 tons @$45.00 $50,625.00 Misc. expenses - third party workplan $2,000.00 SUBTOTAL $56,375.00 CONTINGENCY $5,637.50 TOTAL $62,012.50 This should be covered by first going after the performance bond, or secondly using the $93,020.00 withheld from the Contractor. 4. Site Assessment GeoEngineers believes that they will be able to do a complete Site Assessment through the liners and pond on -site, with the exception of actually boring under the pond. Glacier Environmental will be responsible for repairing any damage to their liner, equipment, etc. caused by the Site Assessment. Public Works suggests awarding the contract to GeoEngineers at this time. *** See the Site Assessment Resolution for more information. The Public Works Department recommends that Council make a motion for the City of Kenai to enter into Contract Amendment No. 1. CONTRACT AMENDMENT NO. 1 The Contract dated the 21 st day of October, 1993, between the City of Kenai (City) and Glacier Environmental Services, Inc. (Contractor) for environmental remediation of the soil on Lots 13 and 14 of Cook Inlet Industrial Air Park (CIIAP), Kenai, Alaska, is amended as follows: 1. b. Contract Time and Liquidated Damages Delete: "September 30, 1994." Substitute with: "September 1, 1995. However, liquidated damages in the amount of $100.00 per day may be assessed by the City for the time period of September 30, 1994 to November 24, 1994." Delete: "Contractor shall pay City one hundred dollars ($100.00) for each day that expires after the time specified above until work is substantially complete." Substitute with: "Contractor shall pay City three hundred dollars ($300.00) for each day that expires after September 1, 1995 until work is substantially complete." 2. b. Payment Procedures Delete the first and second sentences of the second paragraph. Add in it's place: "Progress payments will be made to the Contractor by the City for up to eighty percent (80%) of work completed on bid items two through thirteen, and up to seventy percent (70%) of work completed on bid item one, based on the City Engineer's estimate of percentage of the item completed. Payment will not exceed these amounts until ADEC has declared all of the soil clean, and the Contractor has disposed of all of it." 3. Page 6 Add: 5. "The Contractor will be fully responsible for ensuring that his activities at the site beyond September 30, 1994 do not interfere with any work by another contractor. This includes, but is not limited to, providing at his own expense: a. Transportation of equipment that may interfere with any other work at the site. b. Repair of the liner damaged through work by another contractor or the City. 6. The Contractor will be fully responsible for maintenance of all his material and equipment left at the site after September 30, 1994 and will indemnify and hold harmless the City from any action resulting in damage or expense to the Contractor." IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this CONTRACT in five counterparts each of which shall be deemed an original on the date first above written. OWNER: CITY OF KENAI BY: NAME: TITLE: (SEAL) STATE OF ALASKA ) )ss. THIRD JUDICIAL DISTRICT } THIS IS TO CERTIFY that on this day of , (title) City Manager, City of Kenai, Alaska, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said City. NOTARY PUBLIC FOR ALASKA My Commission Expires: CONTRACTOR: BY: NAME: TITLE: (SEAL) STATE OF ALASKA ) )ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of , 19 , 19,_, , (title) , Of being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said corporation NOTARY PUBLIC FOR ALASKA My Commission Expires: NOU-16-1994 17:11 GLACIER 206 290 9186 P.002 E N V I R O .N M E N T A L November 16, 1994 Rachel Clark City of Kenai . 210 Fidalgo Ave, Suite 200 Kenai, AK 99611 RE: Proposed Contract Amendment, Alaska Courthouse Contaminated Soils Remediation Project. Dear Ms. Clark, As we discussed prior to and at the City Council Meeting of November 2, 1994, Glacier Environmental Services, Inc. (Glacier) requests that the City of Kenai consider an amendment to our existing contract. We first ask the City to consider a contract extension through the and of August 1995. We further request that liquidated damages be assessed by the City only for the time period after September 1, 1995. Winter climate in Kenai prevents us from conducting any further work this year. An extension will allow us to return in the spring to continue treatment of the remaining soils. Further treatment is required for approximately 750 cubic yards of material which is presently in the large pond on -site. This material represents approximately 10% of the original volume of soil and is the fine fraction (less than 100 mesh) removed by the washing process. Average concentrations of remaining hydrocarbons in this material are 320 ppm diesel and 970 ppm heavy oil. As I stressed at the last Council Meeting, Glacier did not anticipate heavy oil. Enviros tells us that the heavy oil is interfering with the current treatment process. In contrast to the Contract Amendment presented to Council on November 19, continued treatment at the site will allow the City to remain in possession of the soil and not endanger it self from incurring any more liability than that which has existed since the soils were originally stockpiled. Continued treatment (at a minimum) will include removing the soil from the existing treatment pond and spreading it over the lined portion of the site for land farming_ Material will be spread approximately one foot deep and mechanically tilled at regular intervals. Glacier Environmental Services, Inc. 12521 Evergreen Drive, Suite A Mukilteo, Washington 98275 Fax: (206) 290-9186 Phone: (206) 355-2826 Pouch 778 Unalaska, Alaska 99685 Fax (907) 581-2845 Phone: (907) 581-3973 4 reevded woor NOU-16-1994 17:12 GLACIER 206 290 9186 P.003 November 16, 1994 Rachel Clark City of Kenai Page 2 The material will be easily identified visually and as such, the potential for mixing with underlying soil is minimal. This work will commence by May 1, 1995 or sooner if climate conditions permit. We are confident that the remaining concentrations can be reduced to within regulatory limits and all material removed from the site by the end of August 1995. However, we further propose that if legal off -site disposal by this plan, does not appear possible by July 20, 1995, an altemate treatment/disposal method such as thermal desorption or land fill disposal will be employed. All work will be pre -approved by the Alaska Department of Environmental Conservation (ADEC). Glacier understands the ADEC requirements presented in your faxed memo of November 14, to construct and operate a land farm and will comply at our own expense. Please note that recent conversations with Don Seagren indicate that less stringent requirements will likely be applicable to this site. This is due to previous information available for the site and the inert nature of the remaining material to be treated. Enviros will provide technical documentation as an attachment to this letter which will support this supposition. Glacier and Enviros continue to research alternate remediation technologies and we are working closely with ADEC in effort to establish alternate cleanup standards and analytical methods. This continued research will ideally result in completion of the project at an earlier date than the requested extension. Glacier will make every effort to coordinate with GeoEngineers to perform the site assessment of lots 13 and 14. We believe that 80% of the site can be assessed immediately and that the area underlying our treatment pond can be addressed in the spring if necessary. Samples taken by GeoEngineers prior to the construction of the pond should be valuable to the assessment process. We understand that all additional charges incurred by the City for the site assessment due to our operations will be deducted from our final payment. The City is currently withholding 3112,000 for work completed to date. This withholding, the unanticipated additional work related to heavy oil and lost revenue from the work identified in bid item 12, has caused a severe impact to our cash flow. It is imperative that we improve our cash flow so that we can continue to move forward to the successful completion of this project. We therefore urge the City to release withholdings as described in the contract amendment presented to Council on October 19, 1994. This would leave the City with $63,000 and our performance bond as security that we will finish the project. Glacier EmdronmeMal Services, Inc. ratydoaoaom NOU-16-1994 17:12 GLACIER 206 290 9186 P.004 November 16, 1994 Rachel Clark City of Kenai Page 3 At the Council Meeting of November 2, 1994, 1 presented a number of project events and facts related to the discovery of heavy oil. Glacier wishes to further emphasize that the information is not presented as an excuse or to imply that the City is at fault. We hope that from this information you will understand the reason we did not anticipate heavy oil and why we ask the City to consider this request. I will attend the November 23rd Council meeting and hope to be able to answer any question the City may have. If you have any questions or feel that more information is necessary to support our request, please call me at your earliest connivance. Our toll free number is 1-800- 275-1701. Sincerely, Glacier Environmental Services, Inc. Steve Miles President SMlsm Glacier Environmental Services, Inc. /� MIVI.lYII I1DIIM ' TOTAL P.004 1791-1991 CITY OF KENAI _ 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907-283-3014 November 14, 1994 Steve Miles Glacier Environmental 12521 Evergreen Drive, Suite A Mukilteo, WA 98275 Dear Mr. Miles: In response to your Draft letter dated November 9, 1994 regarding the Proposed Contract Amendment, Alaska Courthouse Contaminated Soils Remediation Project, please provide the following information: 510'00 J.I1. Any gradations you have for the pond material. /' �2. When would you pull the material out of the pond?T hat would be left on -site over the winter? When will you begin landfarming operations? How could a site assessment possibly continue with the pond material covering an extensive part of the site? 3. Is the pond material tilled into the clean soil overlying the liner? If so, will you remove both the pond material and the clean soil after cleanup levels are met? If not, how will you separate the two? 4. Please also provide a signed statement describing the alternative remediation technique you will implement if the landspreading operation does not achieve cleanup levels by September 1, 1995. 5. Are you willing to undertake at your own expense the extensive testing required by ADEC to begin a landfarming operation: depth to groundwater direction of groundwater flow confining layers present topography drainage patterns potential impact to all receptors 6. Are you willing to provide, at your own expense, a groundwater and vadose zone monitoring program to detect leachate migration, including monitoring wells if required by ADEC? How will you prevent the formation of this leachate? 7. Please provide a signed statement from the independent third party on this project, Enviros, Inc. addressing the following items: a. In their best professional opinion, can landfarming operations clean up these particular soils by September 1, 1995? b. Will leachate be formed by these soils? C. Will vapor emissions be produced? d. Is the soil likely to have a TCLP extract level of metal contamination below MCL's? e. What is the estimated average concentration of the pond soils? I realize that some of these items will be difficult to obtain, but your reply will need to be received by this Department for review by Wednesday, November 16, 1994 to be included in the packet for the November 23, 1994 Council meeting. If you are unable to reply by that date, the next Council meeting will be December 7, 1994. If you have any questions, please feel free to contact me at the above number. Sincerely, Rachel Clark Engineering Technician ENVIROS 7788908 P.02 November 16,1994 Ms. Rachel Clark City Engineer City of Kenai 210 Fidalgo Street, Suite 200 Kenai, Alaska 99611-7794 RE: Kenai Courthouse lmpoundment Soils Re tediation Dear Ms. Claris �V�41576�1�9� NOY �94 Z �t,opt tl1 ,Ui envirael. The purpose of this letter is [O respond 10 specific requests in your November 14,1994 leuer to Glacier Environmental Services, Inc. (Glacier). To date over 6,000 cubic yards of soil have been remediated through soil washing and removed from the site. The impoundment constructed to receive soil washing fines and provide for remediadon of associated diesel and gasoline hydrocarbons remains at the site. Your request for information pertains to further treatment of soil fines that may be required. To minimize volumes of soil requiring further treatment, the soil will be tested as it is removed from the impoundment. Material will be sampled to determine residual hydrocarbon concentrations and identify soils that may be below ADEC requirements. Soils that are above the ADEC levels for diesel range organics of 100 mg/kg will be removed from the pond and treated by tilling the soil to achieve aeration. This proem will be conducted on the existing area measuring approximately 160 feet by 180 fees which is underlain by a 20 mil high density polyethylene liner. Any necessary surface treatment will be conducted in the lined area already in place. The liner provides an engineered containment for storm water control and prevents any downward contaminant migration which might otherwise occur. Our recent discussions with Don Seagren of the ADEC indicate that this system will be adequate to ensure protection of underlying soils and groundwater. Mr. Seagrens's earlier concerns related to the operation of an unlined facility. This is not the case. The presence of the liner addresses issues 5 and 6 in your correspondence. The following section addresses issue 7. To the best of our understanding, the residual hydrocarbon is comprised of diesel fuel and heavy hydrocarbons. Our chromatographic analyses indicate that a substantial portion of the hydrocarbons are degradable diesel range organics. The average concentration of these hydrocarbons is approximately 400 mg/kg as determined from analysis of sampling of 15 samples. The highest concentrations encountered were approximately 1000 mg/kg in soil samples from suspected "hot spots". The confidence in this concentration estimate will improve as more sampling occurs. Based upon available information and assuming that at least four months of treatment under non -adverse environmental conditions occurs, it is our expectation that biodegradation will reduce degradable range organics to cleanup levels. The hydrocarbons present appear to be weathered diesel fuel and heavy hydrocarbon. We have not noticed any vapor odors during any of the extensive treatability laboratory testing that has been performed. The TCLP testing completed thus far indicates that the hydrocarbons are fairly immobile from the soil. Moisture control will be carried out to minimize or eliminate generation of leaehate. Based upon TCLP testing conducted, TCLP metal concentrations are below MCLs. En - roe Incorporated 200 Mpr-nd Pa,k BcMdrng Krrkland. Wash,mgton 7pl 208 o 827.5525 25 centr41/ Way 98033-6156 car 206 / 627-d515 ENVIROS 7788908 P.03 • envrros,, Thank you for your consideration in this matter. If you have any questions, please call. Sincerely, Enviros Incorporated 4 �?Ilb Geoffrey C. Compeau, PKA Principal Scientist Michael J. Nimmons, P.E. Principal Engineer cc: Steve Miles, Glacier Environmental File q u bid price total price % done - $ earned pay at 80% 1 Design Services 1 I.S. $50,000.00 $50,000.00 100% $50,000.00 $35,000.00 2 1 Kenai Act. Pile 1 I-s. $125,000.00 $125,000.00 90% $112,500.00 $90,000.00 3 Pile One 1 I.S. $15,000.00 $15,000.00 90% $13,500.00 $10,800.00 4 Pile Two 1 I.S. $15,000.00 $15,000.00 90% $13,500.00 $10,800.00 5 Pile Three 1 I.S. $20,000.00 $20,000.00 90% $18,000.00 $14,400.00 6 Pile Four 1 I.S. $15,000.00 $15,000.00 100% $15,000.00 $12,000.00 7 Pile Five 1 I.S. $15,000.00 $15,000.00 90% $13,500.00 $10,800.00 8 Pile Six 1 I.S. $10,000.00 $10,000.00 90% $9,000.00 $7,200.00 9 Pile Seven 1 I.S. $15.00 $15.00 90% $13.50 $10.80 10 Pile Eight 1 I.S. $10,000.00 $10,000.00 90% $9,000.00 $7,200.00 11 May 1992 Pile 1 I.S. $10,000.00 $10,000.00 90% $9,000.00 $7,200.00 12 Subsurface Soil 3000 c.y. $40.00 $7,080.00 177 $7,080.00 $5,664.00 13 Cleanup, Demob 1 I.S. $20,000.00 $20,000.00 50% $10,000.00 $8,000.00 TOTALS $312,095.00 $280,093.50 $219,074.80 $93,020.20 KK-TJM: If we release up to 80% (70% of item #1), total payment to the Contractor will be $219,074.80. We have previously paid $168.056.10, so Glacier would get $51,018.70 from this Contract Amendment. This still leaves $312,095.00 - $219,074.80 = $93,020.20 to finish the project if Glacier defaults, in addition to the $425,015.00 performance bond. Suggested by: AdministraL.-Luli CITY OF KENAI RESOLUTION NO. 94-65 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AWARDING A CONTRACT TO GEOENGINEERS, INC., FOR ENVIRONMENTAL SERVICES ON THE LOT 13 AND LOT 14, CIIAP SITE ASSESSMENT, 1994 PROJECT FOR A NOT - TO -EXCEED AMOUNT OF $27,580.00. WHEREAS, the following cost for performing the professional services on this project were submitted in their proposal on September 27, 1994: Firm GeoEngineers, Inc. Enviros, Inc. Environmental Services $29,300.00 $34,246.10 WHEREAS, the award includes completing a Phase I and Phase II Site Assessment, and WHEREAS, after review with each firm regarding missing or unnecessary items in their proposal, the corrected cost for the performed services were as follows: Firm GeoEngineers, Inc. Enviros, Inc. Environmental Services $27,580.00 $34,246.10 WHEREAS, the Public Works Department believes it is in the best interest of the City of Kenai to award this project to GeoEngineers, Inc., and WHEREAS, sufficient funds are appropriated, and WHEREAS, the Kenai City Council has determined that it is in the best interest of the City of Kenai to award this contract to GeoEngineers, Inc., and NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that a contract be awarded to GeoEngineers, Inc. for professional environmental services for the project entitled "Lot 13 and Lot 14, CIIAP Site Assessment, 1994," for a not -to -exceed amount of $27,580.00. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 23rd day of November, 1994. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: Written by Public Works: 10/94/kw MEMORANDUM Date: October 12, 1994 To: Mayor Williams and Kenai City Council Through: Kim Howard, Acting City Manager *+ Through: Keith Kornelis, Public Works Diector C. From: Jack LaShot, City Engineer Rachel Clark, Engineering Te hnician Subject: Lot 13 and 14, Cook Inlet Industrial Air Park Site Assessment, 1994 On September 27, 1994, two bids were received for the above mentioned project. Enviros, Inc.'s proposal was for $34,246.10. GeoEngineers, Inc.'s proposal was for $29,880, of which $8,880 was for a geophysical magnetometer and electromagnetic survey to detect buried drums. The survey was not required by the RFP. Both proposals were missing or unclear on a few items, and additional information and corrections were made. The corrections did not cause a change in Enviros, Inc.'s proposal price, but resulted in a $6,580 increase for GeoEngineers. The final proposal price for Geoengineers is: Original Price $ 29,880 Geo. Survey - 8,880 Changes + 6,580 $ 27,580 While the geophysical survey was not required in the RFP, Phase I information may indicate that this type of survey could provide invaluable information. It could also help to persuade a potential buyer that all sources of contamination have been removed from the property. The Public Works Department would like to recommend that the contract for this project be awarded to GeoEngineers, Inc. for the price of $27,580, with the understanding that the survey costing $8,800 may be justified in the future. We recommend that the ordinance 1606-94 remain at $39,500, in the event that a geophysical survey becomes necessary. 11/18/"M 10:16 V907 561 5123 GEO ENGINEERS Z 002/003 Geo�Engineers November 16, 1994 Ms. Rachel Clark Public Works Department City of Kenai 210 Fidalgo Avenue Suite 200 Kenai, Alaska 99611 Dear Ms. Clark: Geotechnical, Geoenvironmental and Geologic Services This Ietter confirms our telephone conversation on November 15, 1994 between the City of Kenai, Glacier Environmental and GeoEngineers. GeoEngineers submitted a proposal to the City for an Environmental Site Investigation of Lots 13 and 14, Cook Industrial Air Park, Kenai, Alaska, on September 26, 1994. Several issues regarding the proposed project schedule and cost were discussed during our telephone conversation. We understand that Glacier Environmental may not be completely demobilized at the time field activities to conduct the site assessment are scheduled. This will have some impacts to each phase of the assessment. We do not anticipate any impact to the Phase 1 Historical Research portion to our original scope of work. However, the Phase 2 Geophysical Survey will be slightly affected depending on the coordination of schedules with Glacier Environmental Services. The geophysical survey can be conducted over the pond area, provided it is frozen at the time of our survey. Metallic equipment is a physical barrier and the geophysical response will be masked immediately adjacent to this equipment. We understand that Glacier Environmental Services will be on site to move the equipment during the survey to mitigate this problem. We have proposed excavation of six backhoe test pits as part of the Phase 3 site investigation. Test pits completed in the treatment area will breach the liner requiring repair of the liner prior to backfilling. Glacier will be responsible for repairs to the liner. Installation of four monitoring wells are also proposed as part of Phase 3 of the assessment. Placement of the wells will be determined following review of the Phase I Historical Research. It may be appropriate to place wells in the treatment area, or possibly the pond area. A bentonite surface seal will be placed through the liner. Glacier will GeoEngbeei-; Inc. 907 & DowlmgRmd, Suite 21 Anchorage,AK 99518 Telephone (907)5613478 Fax (907) 561.5123 11/16/94 10:16 '0907 561 5123 GEO ENGINEERS a 003/003 City of Kenai November 16, 1994 Page 2 use prudent care to insure that the wells are not damaged during soil treatment or during equipment. demobilization. Glacier may elect to confirm or repair the liner around the wells prior to resuming treatment on the site. Installation of monitoring wells in the pond area may be appropriate. Depending on the schedule of the assessment and removal of the pond, it may be necessary to remobilize the drill rig to the site. We understand that the City is asking that Glacier pay for the direct costs associated with remobilization. We anticipate approximately $500 in fees for remobilization, if necessary. We do not anticipate any increase in costs for conducting the assessment beyond direct costs associated with remobilization, if necessary. Furthermore, we do not anticipate additional costs should the City elect to conduct Phase 1 Historical Research separately from the remainder of.the project. We are prepared to complete the assessment within 90 days of your written authorization to proceed. We look forward to working with you on this project and if you have any additional questions, please call. Yours very truly, GeoEngineers, Inc. swwc c Scott E. Widness, P.E. Principal SEW:ski Document ID: 3790002L.L3 File No. 3790•d02 A18 cc: Mr. Steve Miles Glacier Environmental Services G e o E n g i n e r s } # K x # x x x X X X K fn X S # « v. x « X E X m X x K cJ r_ O m N K K # # V] w P+ W O E x} E H z a U# f]C H H m co w va a a, .d a S o z 0o cn E a} V E w F E-E # E a« p w 0 0 o P Ft p q o O # ��-• X O x � a � qC H rK �"� H H E # X K x x X x •# O X K X # # E K # V X fY x x a o x X d C7 d Z CK X z# x0 H O U E w a W pq H w C7Pq z O F. Q a V« pq E w X W W no C] OO w H a V O E O O E' E E' E IY a a v K� p 0 a O x V x # C] # w x K W X .'Z x } x c� x x x pC H # x « 3 « W z W - H � o •• rn X a d .¢ �O z W M� K x O Q H .Q a pG OV X m F N k R w U z d E- 0 o--. d O d V # x x x x H # - o 0 # O k p p # x # - x # Y. x # y pq a O E• «« w w u m a< � m a w a N x z x # H a r ti � v� m Z a F-, a W O � U > w 0.� Ca U x Y Q> O CJ k a R w .-a w � w E x F# O a O # a x x W CD O p C7 oEa CK q # # # # U q] a y # x # # # LY. W q z # Q # E pq �] 'r' rn t a fx H y M a m x E a H x # w A CG w U s U # C2 # cn z va z a s U W � C7 O no y^ v� PQ O C x tw o o x # # # 6 M t-D t7 0. Oe1 W # O - U O O O a E Fy c] y /] Uj q E O N # CD S w fy a w a W S U 7C O# O a 3 ca z o 5 0 E 011 t 'kalm i i L ASHLEY REED & ASSOCIATES, INC. 360 W. BENSON BLVD., SUITE 200 ANCHORAGE, ALASKA 99503 AND CITY OF KENAI 210 FIDALGO STREET, SUITE 200 KENAI, ALASKA 99611-7794 =i a THIS AGREEMENT, made and effective the 1st day of December 1994, by and between ASHLEY REED & ASSOCIATES, INC. (hereinafter referred to as "CONSULTANT") and the CITY OF KENAI (hereinafter referred to as "CITY"). A. CONSULTANT offers expertise and knowledge in the area of legislative and government relations; and, B. CONSULTANT desires to accept an engagement relative thereto from CITY upon the terms and conditions hereinafter set forth; and, C. CITY desires to employ a full-time lobbyist on behalf of the CITY. NOW THEREFORE, in consideration of the recitals, promises and covenants contained herein, it is agreed by and between the parties as follows: 1. Duties and Term. CONSULTANT will provide legislative/ administrative monitoring and lobbying services for CITY on matters and issues affecting local government, acting as an independent contractor and not as an employee, in accordance with such instructions as may from time to time and at any time be given by the City Council, by and through June 30, 1995. LOA, page 1 2. Compensation. CITY shall remunerate consultant for services in the sum of TWENTY-FOUR THOUSAND DOLLARS ($24,000) payable in the amount of SIX THOUSAND DOLLARS ($6,000) upon execution of this agreement and SIX THOUSAND DOLLARS ($6,000) each on January 15, 1995, March 31, 1995 and June 30, 1995, upon billing from CONSULTANT. Reasonable, necessary and normal expenses associated directly with the duties of the Agreement are the responsibility of the CONSULTANT. No claims for expenses are contemplated by this contract. However, should the City Council require CONSULTANTS services outside of Alaska, on behalf of the CITY, reasonable, necessary and normal expenses associated directly with such request shall be reimbursed upon submission of appropriate receipts or documentation. 3. Notices. Until notified otherwise, all notices, invoices and communications shall be sent to the parties of the Agreement at the following address: "CONSULTANT" Y" Ashley Reed, President Thomas J. Manninen, City Manager ASHLEY REED & ASSOCIATES, INC.CITY OF KENAI 360 W. Benson Blvd., # 200 210 Fidalgo Street, Suite 200 Anchorage, Alaska 99503 Kenai, Alaska 99611-7794 4. Governing Law. This Agreement shall be interpreted in accordance with the laws of the State of Alaska. 5. Termination. This Agreement may be terminated by either party, upon TEN (10) DAYS written notice to the other party for any cause or reason whatsoever. This Agreement will automatically terminate upon CONSULTANT'S death. Upon termination of this Agreement, each of the parties shall be relieved of further liability hereunder except such that expressly survives the termination this Agreement. 6. Disputes. Court venue for any dispute arising out of the Agreement shall be the Third Judicial District at Kenai, Alaska. LOA, page 2 7. Report,s. CONSULTANT agrees to : (a) Keep the CITY informed of Legislative matters adversely affecting the City of Kenai by providing reports to the City Manager of the City of Kenai. (b) Notify the CITY immediately upon discovering a potential conflict of interest between interests of the CITY and interests of any clients for which CONSULTANT is then currently required to perform lobbyist services. (c) Within TWO (2) WEEKS of signing this contract, CONSULTANT is to provide the CITY with a list of all clients CONSULTANT is contracting with on the date this contract is signed. 8. Complete Agreement. This writing constitutes the complete Agreement of the parties on the subject matter hereof, and supersedes any oral agreements or understandings. This Agreement can only be modified by a writing executed by both parties hereto. ASHLEY REED & ASSOCIATES, INC. CITY OF KENAI Ashley K. Reed, President Date Thomas J. Manninen City Manager Date LOA, page 3 N -3 Suggesieu 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 prelim inary 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 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 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, A inistrative Assistant NOV- 4-94 FRI 10:02 KPB CLERK FAX NO. 9072628615 P.01 Introduced by; Mayor Due: 03/01/94 Hearing: 04/05/94 Action: Enacted 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 PIanning 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 N0, 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. ATTEST: ye 9-111ghan,diorough Clerk 0,34 Betty .i. tc Assembly President Kenai peninsula Borough, Alaska Ordinarsce 94-10 Pags 2 of 2 DATE: TO: FROM: ,ENAI PENINSULA BOROUGH 144 N. BINKLEY . SOLDOTNA, ALASKA . 99669-7599 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 WITHIN 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 nrenactment. KENAI PENINSULA SCPCUGH r 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 THRU: 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 city, 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 furnished 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 city'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 Chier 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 IZZ,,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: - ,q (11/14/94) kl November 23, 1994 December 7, 1994 December 7, 1994 TO: Charles Brown Finance Director FROM);0 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: OTY EQUIPMENT UNIT 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 freight 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, C,� Lorn M. Campbell Administrator Highway Safety Planning Agency ;;rr-iea en recycbed pacer t Suggested by: Public Works City of Kenai ORDINANCE NO. 1617-94 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $53,376 IN THE GENERAL FUND FOR SALARIES AND OVERTIME FOR REMOVAL OF SNOW BERMS FROM DRIVEWAYS. WHEREAS, the City desires to perform the service of snow berm removal from driveways; and WHEREAS, this cost was not included in the FY95 budget. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: Appropriation of Fund Balance 53 376 Increase Appropriations: Streets - Salaries $10,000 Streets - Overtime 37,250 Streets - Medicare 685 Streets - Social Security 500 Streets - PERS 1,870 Streets - E.S.C. 236 Streets - Workers Comp. 2.835 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: November 23, 1994 Adopted: December 7, 1994 Effective: December 7, 1994 Approved by Finance: y (11/17/94) kl. 0,� Su ested b ouncil/Admi NO Suggested : C y ms DV' CITY OF KENAI ORDINANCE NO. -94 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE KENAI MUNICIPAL CODE TO FORMALIZE CITY POLICY REGARDING AUTHORITY OF THE FINANCE DIRECTOR TO CONTROL DISBURSEMENTS AND EXPENDITURES. 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: Carol L. Freas, City Clerk Introduced: Adopted: Effective: November 17, 1994 day of DRAFT CITY OF KEN: ., Gd 0 0i Ar 4, j4m 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 b9W 1"2 MEMORANDUM To: Mayor Williams & Kenai City Council From: Thomas J. Manninen, City Manager-T/w Date: November 23, 1994 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 RMC 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 r Oil 4 41a, 4 rr 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 1III�1 Iasi M MORAM UM 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. CITY OF KENAI 4 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 bylyyd WAWAd sar 1": MEMORANDUM To: Kenai City Council From: Kenai Airport Commission Date: November 18, 1994 RE: Extension of Taxiway F to CAP Hangar The Airport Commission recommends using airport funds to construct a paved taxiway extension to the CAP hangar from the southerly end of Taxiway F and a parking apron of approximately 95' x 65' in front of the CAP hangar. Preliminary cost estimate .is $50,000. Does the City Council wish to use airport funds and pursue this project? I lip A CIVIL AIR PATROL KENAI COMPOSITE SQUADRON 700 First Ave KENAI , AK 996i 283-780 l FAX 283-1)'-/ i November 8, 1994 Kenai Airport Commission City of Kenai 210 Fidalgo, Suite 200 Kenai, Alaska 99611 Subject: Kenai Civil Air Patrol Taxiway Request for Funding for Taxiway Improvements Commissioners: Y/X �l. �L�% The Kenai Civil Air Patrol (CAP) requests funding for extending the paving of taxiway ''F" approximately 450' south to the CAP hangar. The CAP hangar is located on airport land which is reserved for CAP use. See the attached location map from the Kenai Airport Land Use Map. The CAP is an emergency response resource which helps support city, borough, state & federal emergency organizations. We are probably best known for our search and rescue efforts in locating downed or missing aircraft. but we also search for lost or missing hunters, hikers, fishermen and most recently have been working in support of the Alaska State Troopers. To succeed in our missions, it is imperative that we be able to launch our aircraft immediately since life and property may be in jeopardy. We believe the City of Kenai has a first class airport, however, we have the only taxiway on the airport which is not usable year round. For several weeks during the spring, we are unable to use our taxiway due to extreme muddy conditions. During muddy but marginally usable times we taxi our aircraft through the mud which causes some damage to propellers and other aircraft components. During dry times of the year, windy conditions prevail which tend to blow dust and sand from the CAP ramp area into the runway and taxiway system. According to the City Engineer it would be a very good idea to reduce the wind blown dust that is generated from our area. CAP Taxiway November 8, 1994 Kenai CAP Kenai Alaska I understand that the City may consider funding the project out of airport funds with Council approval. In our opinion it is in the City's best interest to fund this project for the betterment of the airport and the community CAP squadron. An engineer and a surveyor in our squadron have produced a preliminary design of the taxiway (attached). The taxiway will be 30' across and approximately 450' long with a small staging pad in front of the hangar. Our engineer member is willing to donate his time to work with the City Engineer and produce ready to bid plans and specifications. The design is already about 70% complete so little additional effort is needed. We estimate the construction cost to be approximately $50,000. This figure could vary depending on the final design. In donating our time, approximately $5,000 will be saved in design and survey fees. Please consider our request for present it to the City Council. Council meeting to discuss any may have. Sincerely, a' ary "Hunt Unit Commander cc: Col. Mike Pannone Wing Commander Attachments: Land Use Location Map Design Drawing this much needed taxiway and I will be available at the next questions that they and the Mayor �7��... National 1301 Pennsylvania Avenue N.W. League Washington, D.C. of 20004 Cities (202) 626-3000 Fax: (202) 626-3043 November 10, 1994 ,�6111�192p��2 The Honorable John J. Williams City of Kenai NoV 1994 N 210 Fidalgo Ave., Suite 200 , , Kenai, AK 99611.7794 cP KFN� 2cb'L 9 Dear Elected Official: S�TeL i Officers President Sharpe James Mayor, Newark, New Jersey First Vice President Carolyn Long Banks Counclwoman-at-Large. Atlanta. Georgia Second Vice President Hal Conklin Mayor, Santa Barbara, California Immediate Past President Glenda E. Hood Mayor. Orlando, Flonda Executive Director Donald J. Borut On behalf of the National League of Cities, I want to thank you for your involvement in "National Unfunded Mandates Week." Your municipality was one of hundreds that participated in this nationwide protest against unfunded federal mandates. As a result of this campaign, I believe the nation's citizens are better informed about how unfunded mandates affect them through decreased local services and increased local taxes and fees. However, the extent to which our protest is truly successful will be known only when Congress returns for its 104th session. Mandates relief legislation that is supported by the National League of Cities and all other groups representing state and local governments will be introduced when the session begins in January. Our goal is to pass this legislation by April 1, 1995. Last session the Congress failed to act on mandates relief legislation. Building upon the frustration felt from this inaction, the broad -based, bipartisan support we have built up over the past year and the publicity generated by National Unfunded Mandates Week, local governments must urge their Congressional delegations to make mandates relief legislation a top priority in the first three months of the session. Thank you again for your attention to this issue. I believe that our combined efforts will make a real difference in the 104th Congress. If you have any questions regarding mandates relief legislation or how your local government can assist us in our legislative efforts, please call Mary -Margaret Larmouth in our Center for Policy and Federal Relations at (202) 626.3020. SiUerely, I i f �1 Sharpe James i Mayor of Newark, New Jersey President Past Presidents: Sidney Barthelemy, Mayor. New Orleans. Louisiana - Ford Harrison, Mayor. Scotland Neck. North Carolina - Cathy Reynolds, Councilwoman -at -Large. Denver. Colorado - Directors: Lucy T. Allen. Mayor. Louisburg. North Carolina - Ann Azari, Mayor. Fort Collins. Colorado - Lock Beachum, Sr., Councilman, Youngstown. Ohio - Don Benninghoven, Executive Director, League of California Cities • Jimmy Burke, Mayor, Deer Park. Texas - Anthony Capizzi, City Commissioner, Dayton. Ohio - Carl Classen, Executive Director, Wyoming Association of Municipalities - E. W. Cromartie, II, Councilman, Columbia. South Carolina • Charles A. Devaney, Mayor. Augusta. Georgia - John Divine, Commissioner, Salina, Kansas • William Evers, Mayor. Bradenton. Florida - Martin Gipson. Alderman. North Little Rock. Arkansas - Robert R. Jefferson, Councilmember. Lexington. Kentucky - Steven E. Jeffrey, Executive Director. Vermont League of Cities and Towns - Walter F. Kelly, Town Council President. Fishers. Indiana - Abbe Land, Mayor Pro Tem. West Hollywood. California - Gregory Lashutka, Mayor, Columbus, Ohio - Sheila Jackson Lee, Councilmember-at-Large. Houston. Texas - Ilene Lieberman, Mayor, Lauderhill. Florida - Sylvia L. Lovely, Executive Director, Kentucky League of Cities - Millie MacLeod, Council Member. Moorhead, Minnesota - Maryann Mahaffey, City Council President. Detroit. Michigan - Thomas M. Menino, Mayor. Boston. Massachusetts - Thomas F. Morales. Jr.. Vice Mayor. Avoncale. Arizona - J. Ed Morgan, Mayor. Hattiesburg, Mississippi - Kathryn Nack, Vice Mayor. Pasadena. California - James P. Nix, Mavor. Fairhope. Alabama - Mary Pinkett, Council Member. New York. New York - Sharon Priest. City Director, Little Rock. Arkansas - Carolyn Ratto, Council Member. Turlock. California - Bill Revell, Mayor, Dyersourg. Tennessee • L. Lynn Rex, Executive Director. League of Nebraska Municipalities • Alicia M. Sanchez, Councilmember. Pon Huron. Michigan • Raymond C. Sittig, Executive Director. Florida League of Goes - Woodrow Stanley, Mayor. F'iint. Michigan - Frank Sturzl, Executive Director. Texas Municipal League - Dan Thompson, Executive Dvec;or. League of Wisconsin Municipalities - Max W. Wells. Councilmember. Dallas. Texas • Jim W. White, Councilmember. Kent. Washington • Jack B. Williams. Mayor. Franklin Park. Illinois Recycled Paper WALTER J. HICKEL, G DEFT. OF ENVIRONMENTAL CONSERVATION OFFICE OF THE COMMISSIONER 410 Willoughby Avenue, Suite 105 Juneau, Alaska 99801-1795 November 9, 1994 John J. Williams, Mayor City of Kenai 210 Fidalgo Avenue, Suite 200 Phone: (907) 465-5000 Fax: (907) 465-5070 ,6�11g 19 20�j2c' N a clu °� 799Q C Kenai, AK 99611-7794 or Dear Mr. Williams: ��9s We have received many requests for additional public review of the proposed changes to Alaska's air quality regulations listed in 18 AAC 50. These regulations include the permit program required by Title V of the Clean Air Act. As you may know, the state failed to submit a Title V permit program by the November 15, 1993 deadline. As a result, the Environmental Protection Agency (EPA) is authorized to impose sanctions specified in section 179(b) of the Clean Air Act. The EPA is also required to administer and enforce a permit program if the state does not have an approved program in place by November 15, 1995. We expect that it will take EPA approximately nine months to approve the Alaska regulations, once submitted. To avoid these actions, the Department negotiated with EPA to allow time to develop and submit a Title V permit program by November 15, 1994. If we delay adopting the air quality regulations, we will not meet our agreement with EPA. We also recognize the importance of allowing additional public comment on changes to these regulations. Therefore, my staff is working with EPA and the affected interests to seek a way to provide for additional public comment that will meet everyone's needs. Sometime next week, we expect to finalize the schedule for this additional public review. We will send you a copy as soon as it is available. hope this addresses your concerns. Please call me if you have any questions. Sincerely, Axhp n A. andor Commissioner JAS/RH/jai (H:AiRIJSTONE\PCLTR7.LTR) 1 'I MEMORANDUM TO: Mayor Williams and City Council THROUGH: Kim Howard, Acting City Manager FROM: Keith Kornelis, Public Works Director kip DATE: November 18, 1994 SUBJECT: Display Case According to the Mayor's request I have contacted Doors and Windows, and Randy's Glass for estimates to build a new display case in the Council Chambers. The quotes are as follows: Doors and Windows $1,971.00, includes oak wood or aluminum base; doors either on the front or side that open out, or slide; locks are an additional $12.00 ea. Randy's Glass $2,733.82, includes brushed brown metal to match metal on existing window; free standing/dust proof, attached to wall yet movable; theft proof; tempered glass; price includes installation. KK/kw CITY OF KENAif Od eC11424W 4 414aaaa 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 _ FAX 907-283-3014 bw*%Vg rw�a� 'IIII� 1992 MEMORANDUM To: Kenai City Council From: Kim Howard, Acting City Manager Date: November 18, 1994 RE: Western Geophysical Request The City received the attached letter requesting to conduct geophysical work, between December 15, 1994 through April 15, 1995, on City lands. About 40 of the properties in the request are leased land. Three parcels have been sold. Western Geophysical can be asked to contact the lessees and property owners to acquire permission to enter those properties. The remaining parcels are City lands where the Senior Center, Library, City Hall, Rec Center, Leif Hansen Park and the boat ramp are located. Other areas include properties on Frontage Road and in Old Town, City tidelands, property near Inlet Salmon, Ryan's Creek and the Daubenspeck property. A representative of Western Geophysical will attend the Kenai Planning and Zoning meeting on December 14 to explain the work they intend to perform throughout the community. Would the Council like Western Geophysical to make a presentation at a Council meeting also? Does Council want the Planning and Zoning Commission to make a recommendation to the Council whether to allow Western Geophysical to perform this work on City lands? /kh C:\WPDOCS\WORK\WESTERN.MEM rG.I M/ESTEM ATLAS Western Geophysical 'j i6= ' ,2 NOV VA it -& Western Atlas aewived International. Inc. 1. CK 351 E. Int'l. Airport Rd. Kenai City , 0. Pubk Mdm DOPL `; Anchorage. Alaska 210 o Fidal Avenue Ste 200w' �r' 99518-1299 g s Tel 907-563-3511 Kenai, Alaska 99611 Fax 907-563-5936 WESTERN GEOPHYSICAL COMPANY, as an independent contractor, has been retained by Marathon. Oil Company, to conduct geophysical services for and on behalf of Marathon Oil Company. In connection therewith, request is hereby respectfully made for permission to conduct geophysical work, within a period of 12-15-94 to 4-15-95, over and across those certain lands owned and/or leased by you, listed under the following parcel number / numbers obtained from the Kenai Borough Tax Assessors Office, Kenai, Alaska. 04706129 04706133 04706134 04716005 04716006 04711907 04705501 04705506thru04705509 04705806 04705807 04705701 04705602 04901121 04901124 04901125 04901132 04705101 04339004thru 04339007 04910105 04910106 04910107 04910108 04910051 04910014 04945004 04945005 04945003 04945002 04940053 04716002 04706403 04709302 04709305 04710301 04710105 04710106 04706119 04901403 04901404 04935006 04901016 04901017 04901046 04901106 04938052 04705205 04705215 04705216 04705303 04331003thru 04331013 04331022 04331023 04331033 04332002 04323001 04323002 04333006 04333007 04333008 04333009 04333010 04337001 04337002 04337004 04337005 04338001thru 04338004 04327030thru 04327037 04327010 04327014 04327015 04327019thru 04327021 04327028 04327029 04323017 04323018 0432,1019 04323023 04327008 04323015 04323016 04323009 04323010 04320003 04320004 04318021 04708503 04708504 04323020 04901130 04901131 In consideration for granting this permission, we agree that all work performed by us on the above lands shall be conducted at our own risk and expense, and we agree to pay damages caused by or arising from our operations on the lands described above. WESTERN GEOPHYSICAL COMPANY will furthermore indemnify and hold you harmless from all liability to or claims of others should any such claims result from our operations on your property. Please indicate your agreement hereto by signing and returning to us the original of this letter. Sincerely, W. ?'-Sands WESTERN GEOPHYSICAL COMPANY SIGNATURE: PRINTED NAME: DATE: SOCIAL SECURITY /TAX ID NO: Kevin A. Tabler Land Manager Alaska Gentleman: Unocal Energy Resources Division Unocal Corporation 909 West 9th Avenue. PO. Box 196247 Anchorage, Alaska 99519-6247 Telephone (907) 276-7600 Facsimile 263-7698 UNOCAL Aor November 15, 1994 Mr. Thomas J. Manninen, City Manager CITY OF KENAI 210 Fidalgo Ave., Suite 200 Kenai, AK 99611-7794 Alaska Right -Of -Way Permits 20" Kenai Field Gas Line to Unocal Chemical Plant Kenai Area, Alaska UNION OIL COMPANY OF CALIFORNIA and MARATHON OIL COMPANY have entered into an Exchange Agreement which provides for the transfer of all of Unocal's interest in the 20" Gas Pipeline System to Marathon, effective, December 1, 1994. The Gas Pipeline originates at the Kenai Gas Field and the Termination Point is located at the Plant Valve box at Station 881 + 53.4 which is the valve located at Unocal's Chemical Plant. Unocal is transferring 16.7 miles out of 17. 5 miles of the Gas Pipeline System. The Right -of -Ways are subject to the following State of Alaska, Right -of -Way Permits: 1. Right -Of -Way Permit ADL-26738 recorded at Book 17 Misc. Page 254. 2. Right -Of -Way Permit ADL-26739 recorded at Book 17 Misc. Page 262. The City of Kenai is the successor -in -interest to the interest of the State of Alaska in the hereinabove described Right -Of -Ways. Rights -Of -Ways Permits 20" Kenai Field Gas Line to Unocal Chemical Plant Kenai Area, Alaska Page 2 A copy of all of the applicable Permits and as set forth hereinabove are enclosed herein. The third Paragraph from the end of the document, of the respective Permits, provides for written consent to be obtained of the grantor before such interest is transferred to the Assignee. Please indicate your consent to the transfer from Union Oil Company of California to Marthon Oil Company, effective December 1, 1994, by executing in the proper space as provided for hereinbelow. If you desire any additional information, please feel free to call Dick Crouch at (907) 263- 7624. Thank you for your cooperation in this matter. Very truly yours, Richard B Crouch Land Consultant RBC:nk Enclosures Pursuant to rspective Rights -Of -Way Permit as shown hereinabove, I consent to the transfer from Union Oil Company to Marathon Oil Company. CITY OF KENAI By Dated Form No. DL 72 ),OO1C �•�'w L � i pAG � � Kenmi Recordinq I)iitrict STATE OF ALASKA DEPARTMENT OF NATURAL RESOURCES DIVISION OF LANDS RIGHT-OF-WAY PERMIT ADL No. 26738 THIS AGREEMENT made and entered into this 25th day of May 19 65 , by and between the STATE OF ALASKA, acting by and through the Department of Natural Resources, Division of Lands, hereinafter referred to as the grantor and Union Oil Company of California hereinafter referred to as the per- mittee. WITNESSETH, that in accordance with the provisions of Chapter 169, SLA 1959, and the rules and regulations promulgated thereunder, the permittee having filed an application for a right-of-way for: A pipeline to convey petroleum Products across the Kenai River. with the Division of Lands toger.her with a map showing the definite location there- on of the line of right-of-way which the permittee has adopted and agrees to be the specific and definite location of the aforesaid right-of-way, and WHEREAS, it is understood and agreed by the permittee herein that, as a condition to the granting of the right-of-way applied for, the land covered by said right-of-way shall be used for no purpose other than the location, construction, operation and maintenance of the said right-of-way over and across the following described State lands, to wit: Below the line of mean high tide of the Kenai River and more properly described as shown on ATS #592 attac a ere o and macle a part fiereox. r.unriin& __ _#WW and/ur containing acres, more or less and shall extend a width of 75 feet on either side of the center line of said location. so long as used for the purposes herein 'TO HAVE AND TO HOLD the same for• slated xxxxxxxxxx3txxxxxx�noxxxxx�( and subject to conditions and reservations elsewhere set forth herein, for which the permittee agrees to pay to the State of Alaska the sum of mot Applicable dollars, said amount to be due and payable as follows: The sum of ($ )dollars, the receipt of which is hereby acknowledged and ($ ) dollars on This right-of-way is grunted upon the following terms and conditions, to wit. The permittee shall pay rentals in advance for each Vear. Any failure to make such payment Shall constitute u default and should the default continue for 60 days, the grantor may, upon writi-ell notice, terminate or revoke this permit. After default has occurred no structure, building or other equipment may be removed from the right-of-way without the written permissi-on of the grantor. At any time not less than five year::,.fter approval of this pennit or after the last opportunity for revision of ratios per year hereunder, t.ie grantor may review such rates and impose new annual ra.tr:s ei: he may deem reasonable and proper. The sketch map revealing the right-of-way granted herein shall be attached hereto and made a part hereof. In the event that the right-of-way herein granted shall ir, any manner conflict with or overlap a previously (rranted right-of-utay the permittee herein shall use this right-of-way in such a manlier as not to interfere with the peaceful use and enjoyment of the previously issued right-of-way and no improvements shall be constructed by the permittee herein upon the overlapping area unless the consent therefor has first been obtained from the permittee under the pre-existing right- of-way. The permittee in the vxercis,! of the rights and privileges granted by this indinture shall comply with all regulations now in effect or as hereafter established by the Division of Lands and all other Federal, State or municipal laws, regulations or ordinances applicable to the area herein granted. Upon abandonment, termination, revocation or cancellation of this inden- ture, except for failure to pay rental, the permittee shall within 90 days remove all structures and improvements from the area herein granted, except those owned by the grantor, and shall restore the area to the same or. similar condition as the same was upon the issuance of this permit. Should the per-mittee fail or refuse to remove said structures or improve:mentS, within the time ail.otted, they shall revert to and become the property of the grantor, However, the permittee shall not be relieved of the cost of the removal of the structures, improvements and/or the cost of restor- ing the area. Provided further, however, that the grantor, in Ilia discretion, may alter or modify the requirements contained is this provision if it is to the beat interest of Alaska to do so, The permittee shall utilize the lands herein granted consistent with the purposes of the proposed use, as revealed by the application therefor, and shall maintain the premises in a neat and orderly manner and shall adopt and apply such safety measures as shall be necessary, proper and prudent with respect to the use to which the land is subjected. The permittee shall take all reasonable precaution to prevent and suppress brush and forest fires. No material shall be disposed of by burning in open fire during the closed season unless a permit thereforhas first been obtained from the agency empowered by law to issue such permits. Prior to any construction or development that will use, divert, obstruct, Pollute or utilize any of the waters of the State, the permittee shall first obtain approval therefor from the Commissioner of the Department of Fish and Game and file an image copy thereof with the. grantor. rentd Recording District -3- Any lands included in this,pc:rmit which tire sold under a contract to purchase shall be subject to this permit and rental shall be collected thereon by the grantor until such time as the purchaser shall have completed his contract and secured title to the land. Upon idauance of title to the purchaaer, this permit shall remain in effect until its date of expiration. In case the necessity for the right-of-way shall no longer exist, or the permittee should abandon or fail to use the sane, then this permit shall be revoked or terminated. The State of Alaska shall be forever wholly absolved from any liability for damages which might result to the permittee herein on account of this permit having been cancelled, forfeited, or terminated prior to the expiration of tile full time for which it was issued. The permittee shall not sublt:t or assign the right-of-way herein granted, or this permit, without the written consent of the grantor. NOW THEREFOR, in accordance with the provisions of Chapter 169, SLA 1959, and the rules and regulations promulgated thereunder and in accordance with the conditions heretofore set forth or attached hereto and made a part hereof, the permittee herein is hereby authorized to locate, construct, operate and maintain said right-of-way over and across the lands herein described. IN WITNESS WIIEREOF, the said grantor has caused these presents to be signed in duplicate and the permittee herein has hereunto affixed his signature on the day and year first above written. STATE OF ALASKA DEPARITILNT OF NATURAL RESOURCES a y '=-�----- - �_ Director, Diviaion-of Lands Union Oil Company of California 28 ali Stre Anc age, las P mittre , UNITED STATES OF AMERICA ) State of Alaska This is to certify that on thedayof ^ 19 before me, the undersigned Notary Public, personally appeared known to me and known by me to be the Director of the Division of Lands of the Department of Natural Resources, and acknowledged to me that he executed the fore- going instrument for and on behalf of said State, freely and voluntarily and for the use and purposes therein act forth. L `2 IN TESTIMCNY WKEREOF, I have hereunto set rzy hand and affixed my official seal, the day and year in this certificate first above written. UNITED STATES OF AIERICA ) SS. STATE OF ALASKA ) On May 26 , 19 65 , before me, the undersigned, a Notary Public in and for the State of Alaska, personally appeared RirbarH A- T.4znn known to me to be the person whose name is subscribed to the within Instrument, as the Attorney -in -Fact of UNION OIL COMPANY OF CALIFORNIA and acknowledged to me that he subscribed the name of UNION OIL CaIPANY OF CALIFORNIA thecdto�•as principal and his own name as Attorney -in -Fact. Witness my hand and official seal. •` ' r� of .Pzblic in and for the - State of Alaska Y Commission expires July 9, 1968 Al41%lea. ciy %. Vs•1ui o..&- --r--- ASSIGNMENT OF RIGHT-OF-WAY Date: , 19 The application of for permission to assign right-of-way # and the application for the assumption of said right-of-way, having been duly considered this day of , 19 , and without waiver of State rights which may exist against the right-of-way assigned, and with this consent not to be construed as initiating any new rights in assignee of right-of-way, consent is hereby given for the assignment applied for and it is hereby ordered that the said right-of-way # and all rights thereunder be and are hereby transferred to the said „�r �DFD -FILED >>ti i REC. DIST. V yi/ 19 :d w.ss STATE OF ALASKA DEPARTMENT OF NATURAL RESOURCES By Director, Division of Lands Form No. DL 72 i S hvL - �WAM' mahlo DEPARTMENT OF NATURAL RESOURCES DIVISION OF LANDS RIGHT-OF-WAY PERMIT ADL No. 26739 THIS AGREEMENT made and entered into this 25th day of May i 196 , by and between the STATE OF ALASKA, acting by and through the Department of Natural Resources, Division of Lands, hereinafter referred to as the grantor and Union Oil Company of California hereinafter referred to as the per- mittee. WITNESSETH, that in accordance with the provisions of Chapter 169, SLA 1959, and the rules and regulations promulgated thereunder, the permittee having filed an application for a right-of-way for: a pipeline to convey petroleum products across the Kenai River. with the Division of Lands together with a map showing the definite location there- on of the line of right-of-way which the permittee has adopted and agrees to be the specific and definite location of the aforesaid right-of-way, and WHEREAS, it is understood and agreed by the permittee herein that, as a :ondition to the granting of the right-of-way applied for, the land covered by said right-of-way shall be used for no purpose other than the location, construction, operation and maintenance of the said right-of-way over and across the following described State lands, to wit: Below the line of mean high tide of the Kenai River and more properly described as shown on ATS attac e_d hereto and made a par. ere . r.unnina 1575.9 ft._.� and/ur containing 5.43 acres, more or less and shall extend a width of 75 feet on either side of the center line of said location. 0 HAVE AND TO HOLD the safe for so long as used or the pur n sta ��� end aue6�tnnditions and reservations elsewhere set forth herein, for which the permittee agrees to pay to the State of Alaska the sum of Not applicable----------------- dollars, said amount to be due and a able as follows; P Y The sum of the receipt of which is hereby acknowledged and ($ ) ($ )dollars, ----dollars on This right-of-way is granted upon the following terms and conditions, to wit: The permittee shall pay rentals in advance for each vear. Any failure to make such payment shall constitute a default_ and should the default continue for 60 days, the grantor may, upon writre►l notice, terminate or revoke this permit. After default has occurred no structure, building or other equipment may be removed from the right -of -tray without the written permission of the grantor. At any time not less than five yearr:,.fter approval of this permit or after the last opportunity for revision of rates per year hereunder, toe grantor may review such rates and impose new annual ra.tcs <<:; he may deem reasonable and proper. The sketch map revealing the right-of-way granted herein shall be attached hereto and made a part hereof. In the event that the right-of-way herein granted shall ir, any manner conflict with or overlap a previously granted right-of-way the permittee herein shall use this right-of-way in such a manner as not to interfere with the peaceful use and enjoyment of the previously issued right-of-way and no improvements shall be constructed by the permittee herein upon the overlapping area unless the consent therefor has first been obtained from the permittee under the pre-existing right- of-way. The permittee in the exerciso of the ri hts and privileges granted by this indenture shall comply with all regulations now in effect or as hereafter established by the Division of Lands and all other Federal, State or municipal laws, regulations or ordinances applicable to the area herein granted. Upon abandonment, termination, revocation or cancellation of this inden- ture, except for failure to pay rental, the permittee shall within 90 days remove all structures and improvements from the area herein granted, except those owned by the grantor, and shall restore the area to the same or. similar condition as the same waa upon the issuance of this permit. Should the permittee fail or refuse to remove said structures or improvements, within the time allotted, they shall revert to and become the property of the grantor. However, the perniittee shall not be relieved of the cost of the removal of the structures, improvements and/or the cost of restor- ing the area. Provided further, however, that the grantor, in his discretion, may alter or modify the requirements contained is this provision if it is to the best interest of Alaska to do so, The permittee shall utilize the lands herein granted consistent with the purposes of the proposed use, as revealed by the application therefor, and shall maintain the premises in a neat and orderly manner and shall adopt and apply such safety measures as shall be necessary, proper and prudent with respect to the use to which the land is subjected. The permittee shall take all reasonable precaution to prevent and suppress brush and forest fires. No material shall be disposed of by burning in open fire during the closed season unless a permit thereforhas first been obtained from the agency empowered by law to issue such permits. Prior to any construction or development that will use, divert, obstruct, pollute or utilize any of the waters of the State, the permittee shall first obtain approval therefor from the Commissioner of the Department of Fish and Game and file an image copy thereof with the grantor. _\Hf�tl� H'CY)i(lL•!S� 1-�3t�"'� -3- Any lands included in thin, permit 411tell are sold under a contract to purchase shall be subject to this permit and rental shall be collected thereon by the grantor until such time as the purchajer shall have completed his contract and secured title to the land. Upon isuuance of title to the purchaaer, this permit shall remain in effect until its date of expiration. In case the necessity for the right-of-way sliall no longer exist, or the permittee should abandon or fail to use the same, then this permit shall be revoked or terminated. The State of Alaska shall be forever wholly absolved from any liability for damages which might result to the permittee herein on account of this permit having been cancelled, forfeited, or terminated prior to the expiration of the full time for which it was issued. The permittee shall not eublvt or assign the right-of-way herein gran�ed, or this permit, without the written consent of the grantor. NOW THEREFOR, in accordance with the provisions of Chapter 169, SLA 1959, and the rules and regulations promulgated thereunder and in accordance with the conditions heretofore set forth or attached hereto and made a part hereof, the permittee herein is Hereby authorized to locate, construct, operate and maintain said right-of-way over and across the lands herein described. IN WITNESS WHEREOF, the said grantor has caused these presents to be signed in duplicate and the permittee herein has hereunto affixed his signature on the day and year first above written. STATE OF ALASKA DEPAR'1RLNT OF NATURAL RESOURCES Director, Division of Lands Union Oil Company of California De" i re A or e, BY : Y� Permittee 4�� UNITED STATES OF AMERICA ) State of Alaska This is to certify that on the before me, the undersigned NotaryPub `lay of � 19 u, personally appeiL ed known to me and known by me to be the Director of the Division of Lands of the Department of Natural Resources, and acknowledged to me that he executed the fore- going instrument for and on behalf of said State, freely and voluntarily and for the use and purposes therein set forth, Iii TESTIMONY WKEREOF, 1 have hereunto set ;,.y hand and affixed my official seal, the day and year in this certificate first above written. UNITED STATES OF AMERICA ) SS. STATE OF AIASKA ) On May 26 , 19 65 , before me, the undersigned, a Notary Public in and for the State of Alaska, personally appeared Rirharri A. T.ynn known to me to be the person whose name is subscribed to the wit in Ins rament, as the Attorney -in -Fact of UNION OIL COMPANY OF CALIFORNIA and acknowledged - to me that he subscribed the name of UNION OIL CaTPANY OF CALIFORNIA thereto -as principal and his own name as Attorney -in -Fact. - Witness r-y hand and official seal. otery aublic in and for the State of Alaska kvly Commission expires July 9, 1968 ASSIGNMENT OF RIGHT-OF-WAY Date: , 19 The application of for permission to assign right-of-way # and the application for the assumption of said right-of-way, having been duly considered this day of , 19 ,_and without waiver of State rights which may exist against the right-of-way assigned, and with this consent not to be construed as initiating any new rights in assignee of right-of-way, consent is hereby given for the assignment applied for and it is hereby ordered that the said right-of-way # and all rights thereunder be and are hereby transferred to the said REFD _ Fi11 e -D W REC. DIST. TV STATE OF ALASKA DEPARTMENT OF NATURAL RESOURCES By Director, Division of Lands INFORMATION ITEMS Kenai city council Meeting of November 23, 1994 1. 11/2/94 Kenai City Council Meeting "To Do" list. 2. 11/8/94 Alan C. Jeffries, Corps of Engineers Trip Report regarding City of Kenai bluff erosion. 3. 10/31/94 R. Crenshaw, Marine Recreation Project, DNR letter regarding recreation restoration projects (Cunningham Park Upgrade and Cone Property Boardwalk). 4. 11/7/94 J.E. Bittner, State Historic Preservation Officer letter regarding professional member requirement for the Kenai Historic District Board. 5. 11/9/94 JJW letter to Kenai Peninsula Caucus forwarding considerations for amendments to the 1995 Statement of Legislative Positions. 6. 11/3/94 Senator Stevens letter regarding bluff erosion. 7. 11/1/94 National League of Cities letter forwarding their final legislative report on federal actions affecting the nation's cities and towns. The report is available for review in the Clerk's office. 8. Rep. Don Young's 10/26/94 letter and 10/28/94 Senator Stevens letter regarding unfunded federal mandates. 9. 11/8/94 CLF letter to James J. Malanaphy thanking him for his interest in the Historic District Board, etc. 10. 11/8/94 CLF letter to persons suggested by Council for placement on the Personnel Arbitration Panel. 11. 11/8/94 Resource Development Council notice regarding historic RS 2477 rights -of -way across federal lands in Alaska. 12. 11/15/94 R. Clark memorandum regarding estimates fora machinery exhibit building and softball field restrooms. 13. 11/1/94 CLF letter to LeeAnn Bingham, KCHS, regarding Government Day. 14. 11/94 Alaska Municipal League, The Touchstone. 15. 10/94 Resource Development Council, Inc., Resource Review. -1- 16. 11/94 Greater Soldotna Chamber of Commerce, Your Chamber Today. 17. 11/16/94 R. Clark memorandum regarding Safety Plan Update. 18. 11/17/94 KK memorandum regarding OSHA Safety Consultation Inspection schedule. 19. 11/18/94 KK letter to Tesoro/Unocal/Marathon Oil regarding water wells. 20. Pay Estimate No. 4, Thompson Park Sewage Collection & Water Distribution Improvements Project/Foster Construction - $242,094.73. -2- KENAI CITY COUNCIL MEETING NOVE14BER 2, 1994 "TO DO" LIST TM/KK - Discuss Glacier Environmental contract and possible solution with Steve Miles on 11/3/94. Bring back proposed amendment for 11/23/94 council meeting (copy of proposed amendment should be in council packet for review prior to the meeting). TM - Compose resolution in support of gas/oil Sale 85A and include it in the 12/7/94 packet (for review prior to meeting). Have proposed Ashley Reed lobbying contract in 11/23/94 packet for review prior to and action at 11/23/94 meeting. Investigate ownership, legality and ramification for storing concrete blocks at bottom of bluff. Bring back for discussion at later meeting: community service. TM/KK - Discuss and find solution for snowplowing problems. CRG - Write draft ordinance regarding practice for approving city manager travel purchase orders - place draft ordinance in packet for 11/23/94 meeting as discussion item. KK - Remove "miscellaneous chemicals" from auction items. Dispose of the miscellaneous chemicals properly. CLF - Research minutes regarding Acting City Manager compensation. Bring back for 12/7/94 meeting. Request $300 to Library for Library Open House costs. Send appointment letters to: Henry Knackstedt - Airport Commission Wanda Carlson - Historic District Board Katherine Kornelis - Student Representative to Library Commission Steven Latz - Parks & Recreation Commission Send letter to W. Jahrig dismissing him from Historic District Board. Send letter to Mr. Malanaphy regarding placement to Historic District Board - suggest volunteering time to Board until out -of -city position on Board is available. -1- Send letters requiring if interested for placement to Personnel Arbitration Panel to: Richard A. Ross Shirley Roberts Eileen Bryson Walter Ward, Sr. Robert Seymour Lloyd Johnson Place Bicentennial Building discussion on 11/23/94 meeting agenda. Contact borough -- request a copy of all work session minutes and notices of all work sessions regarding Kenai River overlay ordinance. Letter to EDD reappointing Manninen and Elson as City representatives to EDD Board. Send letter to Commissioner Sandor. CAB - Compose resolution for transfer of funds for Ashley Reed lobbying contract for 11/23/94 meeting. JW - Request amendments to the Peninsula Caucus Statement of Priorities regarding Wildwood Correctional Facility, Public Health Nurse Facility. PP - Reschedule senior dinner for council to Monday, November 28, 1994. RAE - Check with airline personnel regarding appointment to Airport Commission. DB - Get FEMA grant information for possible addition to Public Safety Building for Emergency Operations Center expansion. DM - Attend Health Communities -Healthy People meetings. -2- �2 P BG v �� �",e. D 5 i o N •., ,. NOV CENPA-EN-CW-HH: (1105-2-1d ) go �a`d n� PoblIA k r�orks Dept w MEMORANDUM FOR RECORD cpv..1CJG. NOVEI'r BER ^ 1994 BLvfF «as'io�t1 SUBJECT: Trip Report, Kenai River Bank Erosion at River Mouth, City of Kenai, Alaska 1. General. I traveled to Kenai, Alaska, on 3 Nov 1994 to inspect the coastal erosion problem on the Kenai River at its entrance into Cook Inlet. This trip was initiated by a request from Kenai's Public Works Director. a. The city of Kenai lies at the mouth of the Kenai River on a bluff approximately 75 feet above the river. Erosion alon(3 the face of the bluff has been taking place for many years. During high tides coinciding with storm surf coming into the mouth from the inlet, the toe of the bluff is subjected to wave undercuttingr. This occurs about four or five times a year on average. Wind erosion is also occurring on the fine sands of the exposed upper bank. Groundwater seepage contributes to the problem as well by saturating the underlying material layers, causing failure at the clay layer interface. Historic erosion rates along this section of the bluff average from 1 to 2 feet per year. It is estimated that over the last 35 years, 75 feet of bank has been eroded and lost to the river. b. On 7 Oct 1994, a high tide coinciding with storm surf caused extensive erosion to the north riverbank along the area in front of Mission Street. A large portion of the bank (estimated at 3,000 cubic yards) west of Bob Peter's house failed and slid down to the toe of the bluff. Cracks in the soil surface are evident along the top of the bank in this area still. The erosion problem is ongoing, and has been for many years, but has reached a pointnow where it is threatening Mission Street and the city's water and sewer facilities under the road. There is also a sewage lift station located in this area which could be threatened. c. The area of immediate concern to the city is approximately 500 feet in length. This is the section in front of Mission Street, which is heavily used during the summer tourist season. A guard rail was recently installed, but it has been undermined in several locations. The street has been closed to public access due to the unsafe conditions along the top of the bluff. CENPA-EN-CW-HH SUBJECT: Trip Report, Kenai River Bank Erosion at River Mouth, City of Kenai, Alaska d. A Coast Guard tower and beacon is located just east of Mr. Peter's house, in front of the church. This tower is currently right on the edge of the bluff, in imminent danger of being lost. The tower is an important naviVation aid; fishing boats line up with it to safely enter the river mouth. 3. Observations. a. I arrived in Kenai at 0730 and was met at the airport by Mr. Keith Kornelis, Public Works Director for the city of Kenai. We drove to the site in front of Mission Street for an initial look at the threatened area. We then proceeded to the city office and discussed the problem with a representative of the church and a local resident, Bob Peters. I explained the two authorities which the Corps may be able to use to address the erosion problem. I obtained a brief history of the problem from those at the meeting and arranged to inspect the bank along the entire problem area. The Section 14 and Section 103 authorities were discussed, and I pointed out the cost -sharing requirements for the local sponsor. b. The Kenai River was low and the tide was out at the time of inspection. The weather was cloudy, with rain, strong winds, and occasional snow showers. It was possible to inspect much of the eroded bank as well as the sandbars in the river off the toe due to the low water conditions. c. The erosion problem appears to be caused by several factors, as discussed previously. The most imminent problem area is along Mission Street; however, the entire bluff from the end of the beach berm to the fish packing plant upstream is eroding and requires some sort of fix. A total of approximately 5,000 lineal feet of bluff needs protection. The bluff in the Mission Street area is approximately 550 feet in length. The city may elect to relocate the sewer and water lines next summer before they are lost due to bank failure. d. I have requested copies of aerial photos from the Kenai Peninsula Borough. The city will provide the Corps with a copy of the TAMS report done in the early 19801s, which made recommendations for addressing the erosion problem. e. The only public building threatened is the senior center and condo complex upstream near the fish packing plant. This structure was built in the early 1990's. It is currently about 150 feet from the edge of the bluff. Also, the Federal Aviation Administration has adjacent property to the east with various 2 CENPA-EN-CW-HH SUBJECT: Trip Report, Kenai River Bank Erosion at River Mouth, City of Kenai, Alaska buildings and a tower. These are about 200 feet from the bluff. Erosion similar to that in the Mission Street area is occurring along this section of bluff, but the wave action is not nearly as severe. f. We inspected the city's sewage treatment plant. It is located right down on the beach at the river mouth, but it is somewhat protected by a cobble beach berm. It is subject to high waves and tides, but the operators report no major problems. Erosion in this area is not perceived as a problem. a. The riverbank continues to erode at various locations along the city's bluff. The Corps will investigate the various options for providing assistance to the city in solving its erosion problem. The city requested, as a minimum, that the Corps study the problem and recommend a possible solution. The city should continue to monitor the bluff erosion problem, particularly during high tides or storm conditions. b. I recommended that the city attempt to put in some temporary bank protection at the toe of the bluff along Mission Street to try to buy some time. Riprap or broken concrete would work. There may be a source of broken concrete from a nearby demo job that the city may be able to make a deal on. Access to the toe of the bluff would be difficult with heavy equipment, but a crane may be available locally which could be used, with a skilled operator, to place material from above. I pointed out that permits from the Corps' Regulatory Branch would be required to place anything in the river or along the toe of the bluff. C. I departed Kenai and returned to Anchorage in the afternoon. d. Appreciation is expressed to Mr. Kornelis for providing assistance and information on this site visit. Also, assistance and information from the local residents were very helpful. Aerial photographs and snapshot photographs are available at the Alaska District Hydraulics Hydrology Section. ALAN C. JEFFRIES Hydraulic Engineer CF: Hydraulics Hydrology Section City of Kenai 3 CITY OF KENAI Od eapdai 4 11 210 FIDALGO AVE., SUITE 200 KENAII,,`yAL(,AAS�K,/99A 99611-7794 ~ TELEPHONE 907-283-7535 FAX 907-283-3014 wraftl November 10, 1994 Alan C. Jeffries, P.E. Corps of Engineers CENPA-EN-CW-HH PO Box 898 Anchorage, AK 99506-0898 Subject: Kenai River Bluff Erosion Dear Mr. Jeffries: Thank you very much for taking the time to come to Kenai, look at the city's bluff erosion problem, and meet with the city and property owners. As you saw, the erosion problem is very serious and is endangering the city road, water main, and sewer main. There are also some public owned (city) lots that are eroding. Enclosed is the TAMS Engineers study of November, 1982, a property map with owners names, and a map showing the city road, water main, and sewer main that is in immediate danger. The City of Kenai looks forward to receiving the Corps of Engineers expert advice on our problem and best solution. Please let me know what the city should do next. Thanks again for coming to Kenai and listening to us. Sincerely, Keith Kornelis Public Works Director KK/kw cc: Tom Manninen, City Manager Mayor Williams and City Council DEPARTMENT OF NATURAL RESOURCES DIVISION OF PARKS Rachel Clark City of Kenai 210 Fidalgo #200 Kenai, AK 99611 Dear Ms. Clark: RECREATION WALTER J. HIC 3601 C STREET, SL ANCHORAGE, ALASK PHONE: (907) 762-2E FAX: (907) 762-2535 �3 CDpoeta- MAILING ADDRESS: /41 CO Wlsnlf� P.O. BOX 107001 r/// ANCHORAGE. ALASKA 99510-7001 C.0 : HA le s o pa- PA R2KS Ir R eel October 31, 1994 - . /o /3/ l7 0 cc So O AlfNA-,H This is to acknowledge that we have received your ideas for recreation restoration projects within the Exxon Valdez oil spill area. We have assigned your ideas the titles "Cunningham Park Upgrade" and "Cone Property Boardwalk". We will evaluate and rank all projects during the month of November. In early January, we hope to have selected the projects which will be funded and can let you know about your project at that time. We will contact you if we have any questions. Thank you for taking the time and interest to submit your idea. tivAI PUOUC WORKS DEPT. I_TI/W Mr. Ad. City Engr. -- Wtr & :-.,r !] P/W Sec. —[J Streets f), didg. Insp.— C:] Shop STP Sincerely, c Ron Crenshaw, Manager Marine Recreation Project DEPARTMENT OF NATURAL RESOURCES DIVISION OF PARKS AND OUTDOOR RECREATION City of Kenai 210 Fidalgo, #200 Kenai, AK 99611 Attn: Rachel Clark RE: Cone Property Boardwalk Dear Ms. Clark, MAILING ADDRESS: O Box ,107001 NCHORAGE, ALASKA 99510-7001 November 17, 1994 Thank you for your project idea and interest in the Marine Recreation Project. We have completed our initial review of the 105 project applications we received. Unfortunately, your project idea was one of several that did not qualify because the project did not restore or enhance a recreational service lost or diminished because of an injury to a natural resource resulting from the Exxon Valdez oil spill, and the project did not have sufficient connection with the natural resource injury underlying the lost or diminished service. If you have any questions, please don't hesitate to call Ron Crenshaw, Project Manager, 762- 2613, or Jeff Johnson, 762-2610, or Wyn Menefee, 762-2619. Thank you for your interest in restoring recreation injured by the spill. Sincerely, Ron Crenshaw Project Manager WALTER /. HA b - DEPARTMENT OF NATURAL RESOURCES DIVISION OF PARKS AND OUTDOOR RECREATION Office o/ History and Archaeology November 7, 1994 Re: 3350-1 City of Kenai (CLG) Dorothy Gray, Chairperson Kenai Historic District Board City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 Dear Dorothy: 3601 C STREET. Suite 1[ro ANCHORAGE. ALASKA 99503 PHONE: (907) 762-2622 MAILING ADDRESS. P.O. Box 107001 ANCHORAGE, ALASKA 99510-7001 This letter acknowledges the City of Kenai's work towards CLG certification. I recently received the resumes for James J. Malanaphy III, Alan S. Boraas, and Rose Anne Murphy, which you identified as fulfilling the Kenai Historic District Board's professional members requirement. These individuals are acceptable. Once the outline of a historic preservation plan is received, which I understand that the Kenai Historic District Board is now preparing, the City of Kenai's CLG application will be complete and the certification review process can begin. Sincerely, Ju E. Bittner tate Historic Preservation Officer JEB/jfc cc: Thomas Manninen, City Manager CITY OF KENAI 'J� Od 0.,� 4 414aJ*fta 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 rr.enn 1III�1 �9vz November 9, 1994 Kenai Peninsula Caucus 177 North Birch Street Soldotna, AK 99669 RE: 1995 STATEMENT OF LEGISLATIVE POSITIONS At their regular meeting of November 2, 1994, the Kenai City Council discussed the Kenai Peninsula Caucus' 1995 Statement of Legislative Positions. From those discussions, the Council requests the following considerations: 1. Page 11, Item D, Correctional Facilities - Place the Wildwood Correctional Facility in first place (considering the problems that have arisen with funding for the facility). 2. Page 11, Item E, Health Facilities - Add and place the Kenai Health Center as the number -one priority. (The Facility has outgrown the space available at Kenai City Hall. The Public Health Service is considering the design and construction of a facility for the service. A copy of City of Kenai Resolution No. 93-90 is attached for your information and review.) The Kenai City Council also stated concerns in regard to continuing their membership to the organization because of what seems to be a lack of representation of City of Kenai projects on the Statement of Positions. They will again discuss their membership upon receipt of the 1995 membership fee bill. If you have any questions, please contact me. Sincerely, OF KENA.I ohn J: Williams JJW/clf ROBERT C BYRD. WEST VIRGINIA. CHAIRMAN DANIEL K INOUYE. HAWAII MARK 0 HATFIELD. ORE--N ERNEST F HOLLINGS. SOUTH CAROLINA TED STEVENS. ALASKA J BENNETT JOHNSTON. LOUISIANA THAD COCHRAN. MISS�Sc 1-1 PATRICK J LEAHY. VERM0 NT ALFONSE M D AMATO `, e' YORK JIM SASSER TENNESSEE ARLEN SPECTER. PENNS`_. ANIA DENNIS DECONCINI, ARIZONA FETE V. DOMENICI. NEW MEXICO DALE BUMPERS ARKANSAS DON NICKLES. OKLAHOMA FRANK R LAUTENBERG. NEW JERSEY PHIL GRAMM. TEXAS TOM HARKIN. IOWA CHRISTOPHER S BOND V SSOURI BARBARA A M IKULSKI. MARYLAND SLADE GORTON. WASH -NC -ON HARRY REID NEVADA MITCH McC 0NNELL. KEN--CKY J RO BE FIT KERREY. NEBRASKA CONNIE MACK. FLORIDA HERB KOHL WISCONSIN CONRAD BURNS.MON— PATTY MURRAY. WASHINGTON DIANNE FEINSTEI N, CALIFORNIA JAMES H ENGLISH. STAFF DIRECTOR J. KEITH KENNEDY, MINORITY STAFF DIRECTOR The Honorable John Williams Mayor 210 Fidalgo Avenue Kenai, Alaska 99611 Dear John: United Mates senate COMMITTEE ON APPROPRIATIONS WASHINGTON, DC 20510-6025 November 3, 1994 NO l c 994 N 'LJ U C It was good to have a short visit with you and Tom Manninen. I had the opportunity to view the bluff erosion and realize this is a serious problem. I hope you are able to get assistance from the Corps of Engineers. Keep my office updated on the work with your water and old contamination problems. We will help if at all possible. With best wishes, Cor&Mlly, TED STEVENS November 1, 1994 Dear Mayor: National 1301 Pennsylvania Avenue N.W. League Washington, D.C. of 20004 Cities (202, CE i o 9 F (�a2) 626 3�G3 NOV �994 ZI Si Officers President Sharpe James Mayor, Newark, New Jersey First Vice President Carolyn Long Banks Councilwoman -at -Large, Atlanta. Georgia Second Vice President Hal Conklin Mayor. Santa Barbara. California Immediate Past President Glenda E. Hood Mayor, Orlando, Florda Executive Director Donald J. Borut I am writing to provide you with a copy of our final legislative report on federal actions affecting the nation's cities and towns from the 103rd Congress. It was a year when more of our issues were on the table than in any time over the last two decades. From crime to mandates to health care to the information superhighway, it seemed we were working on all fronts at once. The enclosed report documents the achievements and failures of the Congress and what it means to our cities. I hope this information will be of assistance to you in reporting on our efforts to represent you and as an advisory of issues we anticipate confronting next year. It shows that, when we make a powerful commitment to work together and speak with one voice, we can make a difference. It also shows we have much, much more to do. With the nation set to go to the polls just a few days after National Unfunded Federal Mandates Week, the new 104th Congress is likely to revisit many of the issues and priorities which died in the 103rd. With experts predicting a shift in both the House and the Senate, with some projecting Republican control, the outlook is for an even more difficult climate for cooperation between the White House and Congress. That will make our bipartisan, grass roots efforts, consensus, and commitment more important than ever. I am proud to have served you during this year and pleased at our successes. I join you in recommitting to work even harder next year. Thank you for your continuing support and enthusiasm. Sincerely, Th rpe J m s esident Mayor of Newark Enclosure Past Presidents: Sidney Barthelemy, Mayor, New Orleans. Louisiana • Feld Harrison, Mayor. Scotland Neck. North Carolina • Cathy Reynolds, Councilwoman -at -Large, Denver. Colorado Directors: Lucy T. Allen, Mayor. Louisburg, North Carolina • Ann Azari. Mayor. Fort Collins. Colorado • Lock Beachum, Sr., Councilman. Youngstown, Ohio • Don Benninghoven, Executive Director. League of California Cities • Jimmy Burke, Mayor. Deer Park, Texas • Anthony Capizzi, City Commissioner. Dayton. Ohio • Carl Classen, Executive Director, Wyoming Association of Municipalities • E. W. Cromartie, II, Councilman. Columbia. South Carolina • Charles A. Devaney, Mayor, Augusta. Georgia • John Divine, Commissioner. Salina. Kansas • William Evers, Mayor, Bradenton. Florida • Martin Gipson, Alderman. North Little Rock. Arkansas • Robert R. Jefferson, Councilmember, Lexington. Kentucky • Steven E. Jeffrey, Executive Director, Vermont League of Cities and Towns • Walter F. Kelly, Town Council President, Fishers. Indiana - Abbe Land, Mayor Pro Tem, West Hollywood. California • Gregory Lashutka, Mayor, Columbus. Ohio • Sheila Jackson Lee, Councilmember-at-Large, Houston. Texas • Ilene Lieberman, Mayor. Lauderhill. Florida • Sylvia L. Lovely, Executive Director, Kentucky League of Cities • Millie MacLeod, Council Member, Moorhead. Minnesota • Maryann Mahaffey, City Council President. Detroit. Michigan • Thomas M. Menino, Mayor. Boston, Massachusetts Thomas F. Morales, Jr., Vice Mayor. Avondale. Arizona • J. Ed Morgan, Mayor, Hattiesburg, Mississippi • Kathryn Neck, Vice Mayor. Pasadena, California - James P. Nix, Mayor, Fairhope. Alabama • Mary Pinkert, Council Member, New York, New York • Sharon Priest, City Director. Little Rock. Arkansas • Carolyn Ratio. Council Member, Turlock, California • Bill Revell, Mayor, Dyersburg, Tennessee • L. Lynn Rex. Executive Director, League of Nebraska Municipalities • Alicia M. Sanchez, Councilmember. Port Huron. Michigan • Raymond C. Sittig, Executive Director, Florida League of Cities • Woodrow Stanley, Mayor, Flint. Michigan • Frank Sturzl, Executive Director, Texas Municipal League • Dan Thompson, Executive Director- League of Wisconsin Municipalities • Max W. Wells, Councilmember, Dallas, Texas • Jim W. White, Councilmember. Kent. Washington • Jack B. Williams, Mayor, Franklin Park, Illinois Recycled Paper DON YOUNG RECEIVED CONGRESSMAN FOR ALL ALASKA i '? WASHINGTON OFFICE i - A, 2331 RAYBURN BUILDING TELEPHONE 202/225-5765 COMMITTEES: 1 ,.. _._. -, _ - V„ T MIN. OF KENO TELEPHONE907/456-0210 NATURAL RESOURCES 401 FEDERAL BUILDING MERCHANT MARINE AND P.O. Box 21647 FISHERIES JUNEAU, ALASKA 99802-1647 TELEPHONE 9071586-7400 POST OFFICE AND (l�IIni�XEl3f3 of fEli1�EbtttPS 109 MAIN STREET CIVIL SERVICE KETCHIKAN, ALASKA 99901-6489 �p TELEPHONE 9071225-6880 House of Representafl 1PS 130 TRADING BAY ROAD U.T.SUITE 350 111ashinginn, U20515 KENAI, ALASKA99611-7716 907/283-5808 October 26, 1994 Kim Howard, Acting City Manager City of Kenai 210 Fidalgo Avenue, Suite 200 Kenai, Alaska 99611-7794 Dear Ms. Howard: Thank you for writing to convey the Kenai City Council's resolution in support of National Unfunded Mandates Week. I appreciate hearing from you. The 103d Congress adjourned recently with some initial progress toward curbing new unfunded mandates, and strengthening states' rights; however, much more work must be done. A bill I cosponsored, H.R. 140, would have virtually ended federal unfunded mandates unless the Congress assessed costs to local governments and the private sector, and also paid for them up front. This legislation had gained great momentum and widespread support, but died just before adjournment due to procedural wrangling. It is expected more action will be taken next year, and I will continue to fight for states' rights against onerous federal mandates, appreciate the City of Kenai's input. Please do not hesitate to contact me if I can be of assistance. Sinc ely, DON YOUNG Congressman for 1 Alaska DY>>cnf ROBERT C BYRD. WEST VIRGINIA CHAIRMAN DANIEL K INOUYE. HAWAII MARK 0 HATFIELD OREGON ERNESTF HOLLINGS. SOUTH CAROLINA TED STEVEN S. ALASKA B ENNETT JOHNSTON. LOUISIANA 7HAD COCHRAN MISSISS PATRICK .: LEAHY VERMONT ALF0NSE M D'AMATO NE.V YORK JIM SASSER TENNESSEE ARLEN SPECTER. PENNSY_',ANIA DENNIS DECONCINI ARIZONA PETE V DOMENIC I. NEW MEKICO DALE BUMPERS ARKANSAS DON NICKLES, OKLAHOMA 'RANK R LAUTENBERG. NEW JERSEY �HIL GRAMM TEXAS `OM HARKIN IOWA CHRISTOPHER S BOND M SSOURI SAP aARA A MIKULSKI. MARYLAND SLADE GORTON. WASHING -ON HARRY REID NEVADA MITCH MCCONNELL. KEN-,CKY J ROBERT KERREY. NEBRASKA CONNIE MACK. FLORIDA HERB KOHL WISCONSIN CONRAD BURNS. MONTANA PATTY MURRAY WASHINGTON D IANNE FEINSTEIN. CALIFORNIA JAMES H ENGLISH STAFF DIRECTOR J KEITH KENNEDY. MINORITY STAFF DIRECTOR Kim Howard Acting City Manager City of Kenai 210 Fidalgo Avenue Suite 200 Kenai, Alaska 99611-7794 Dear Kim: I ;m-- United Mates senate COMMITTEE ON APPROPRIATIONS WASHINGTON, DC 20510-6025 lot October 28, 1994 Thank you for contacting my office regarding unfunded federal mandates and for sending me a copy of the City of Kenai's resolution supporting National Unfunded Mandates Week. As you already know, Senator Kempthorne introduced a bill (S. 993) dealing with unfunded federal mandates. I was a cosponsor of this bill. S. 993 incorporates provisions of S.1604, which provides for greater regulatory flexibility for small governments. The Senate considered this bill in the final days of the 103rd Congress. The bill was ready to be passed as it stood, however, Senator Simon added an amendment irrelevant to the mandates bill. Senator Simon's move killed any effort to pass S. 993 this year. Thanks again for your letter. I will keep your concerns in mind should the mandates issue come before the Senate next year. With best wishes, Cordially, TED STEVENS CITY OF KENA 'a 0 9 Od 0oapiW 4 41c4j*&a - - 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 WV 1IIII� November 8, 1994 James J. Malanaphy III, AIA P.O. Box 2661 Soldotna, AK 99669-2661 RE: HISTORIC DISTRICT BOARD City of Kenai Thank you for your letter of September 14, 1994 in which you expressed interest in serving on the Historic District Board. The Kenai City Council reviewed your letter during their meetings of October 19 and November 2, 1994 and were impressed with your credentials. You may be aware one position was made available on the Board. Your name was discussed, however Council was unable to appoint you because the Kenai Municipal Code quota requirement (for this Board) for out -of -city membership is filled. Because your interest, knowledge and experience would certainly complement the Board, the Council hopes you might consider attending meetings, adding input, etc. until an out -of -city position is available. If you have any questions, please contact me at 283-7539. CITY OF KENAI Carol L. Freas City Clerk clf cc: Historic District Board CITY OF KENO . o �� If Gd e " 4 4L 210 FIDALGO AVE., SUITE 200 KENAI. ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 W November 8, 1994 Richard A. Ross 145 Nevada Place Kenai, AK 99611 RE: PERSONNEL ARBITRATION PANEL City of Kenai The Kenai City Council met in a work session on September 21, 1994 in order to review procedures, operations, etc. of commissions, committees and boards of the City of Kenai. The makeup of the Personnel Arbitration Panel was also reviewed because it is so seldom used and because the membership list was out-of-date due to persons moving from the area, etc. Chapter 23.35.032 of the Kenai Municipal Code (KMC) established an Arbitration Panel as, "...consisting of twelve (12) members who shall be chosen by the City Council from nominees made by City employees and by members of the city council." Your name was suggested either by Councilmember to be considered for Arbitration Panel. The history of it has met approximately two times does meet, it is called to hear an due to a disciplinary action taken on that particular employee. city employee or by appointment to the Personnel this particular panel is that in the past 30 years. When it appeal made by a city employee by the employee's supervisor Membership to the Panel is "...for indefinite terms until termination by the Council, resignation by the member, death, move from the City of Kenai, election, or appointment as an officer or employee of the City of Kenai, or incapacity of the member." KMC 23.35.032(c) protects panelmembers from lawsuits by the City and/or appellees resulting from their participation on the panel... Richard A. Ross November 8, 1994 Page 2 By adoption of this ordinance, the city hereby waives any claim or cause of action it might have against any member of the Arbitration Panel based on his or her service thereon or on a Personnel Board. Any employee, by filing an appeal under the provisions of this chapter, likewise waives any claim or cause of action such employee might have against any member of the Arbitration Panel based on his or her service thereon or on a Personnel Board, and if requested such employee will execute and file a formal waiver at time of filing appeal. Enclosed is a copy of KMC Chapter 23.35 for a more detailed explanation of the duties of a panel member and the procedures of an appeal. Please review this information and indicate whether you are interested in serving on the City of Kenai's Personnel Arbitration Panel by completing the enclosed application and returning it to me at your earliest convenience. Appointment would be made by Council at a future council meeting. If you have any questions, please contact me at 283-7539. CITY OF KENAI eoe,� Carol L. Freas City Clerk clf Enclosures Resource Development Council It Fax: 276-3887 Phone: 276-070006-070c Mo 1118/94 ©" "- Resource Development Council for A `( p laska, Inc.-4 URGENT ACTION ALERT! It's time to voice your opinion. RS-2477 comments are due November 15! The U.S. Department of Interior has issued proposed regulations that would severely limit the availability and usefulness of historic RS 2477 rights -of -way across federal lands in Alaska. Because Alaska is a young state, formal recognition of many access routes has not yet occurred. Options to acquire rights -of -way in Alaska are scarce: easements reserved under Sec. 17(b) of the Alaska Native Claims Settlement Act are limited; the right-of-way provisions in Title XI of the Alaska National Interest Lands Conservation Act (ANILCA) has not been successful yet and is also under regulatory assault. Your public comment is needed to help make the case that continued public access to and across federal land is essential for Alaska. Please send comments to: U.S. Dept. of Interior, Main Interior Building,1849 C Street, N.W., Room 5555, Washington, D.C. 20240. Points for your comments: • The proposed regulations 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, as historically done. • The proposed regulations require a high level of development to modern standards Current federal policy and existing case law recognize a wide variety of historic construction methods as adequate for establishing RS 2477 rights. The proposed regulations with a modern standards requirement are inconsistent with the way rights of -way were created and used. • The proposed rules rewrite history and retroactively impose limits on the means of travel that would qualify as a method of creating an RS 2477. Current federal policy and existing 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 methods 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 corridors should be preserved, both summer and winter routes. • The proposed regulations retroactively limit valid rights without compensation or offering a viable alternative. When Congress repealed RS 2477 in 1976, it retained valid existing rights and 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 Congress nor current federal policy puts a time limit on the acceptance of an RS 2477. Deadline: Tuesday, November 15,1994. -13 Cou,vc,i� � f l� MEMORANDIIM Date: November 15, 1994 To: Mayor Williams and Kenai City Council Through: Kim Howard, Acting City Manager ,k� 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? CIT " /� Gd Caf�� at om It 210 FIDALGO AVE., SUITE 200 KENA1, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 *Tftv! 1II�I1 1992 November 1, 1994 LeeAnn Bingham Kenai Central High School 9583 Kenai Spur Highway Kenai, AK 99611 RE: GOVERNMENT DAY City of Kenai At their regular meeting of October 19, 1994, the Kenai City Council set Wednesday, December 7, 1994 as Student Government Day. In speaking with you at student/teacher conferences last week, you stated to me this date will work with your teaching schedule. In the past, the students have come to City Hall in the morning, and then were taken on a tour of the city facilities with Mayor Williams. Lunch was provided for the students. After lunch, the students meet with their City counterparts, go to his/her particular office and learn a little more information of that position's responsibilities. I have enclosed a tentative schedule which has been used in the past and has worked pretty good. Also enclosed is a list of the student "counterpart" positions needing to be filled. The first part of the December 7, 1994 council meeting is conducted by the students. We use a shortened agenda and all ordinance and resolution public hearing actions taken by the student council must be ratified by the City Council. I have enclosed some meeting instructions as well. It would be helpful if your student council and mayor review this information prior to the meeting. It will help if they are more familiary with the meeting procedures. Mayor Williams has in the past, visited the classrooms and given additional insight into the workings of our city government. He would like to do this again this year. Because he will be out of town the end of November and won't be back into town until 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 C'tyLHall and transport to /�p�y� 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. AGENDA STUDENT GOVERNMENT DAY KENAI CITY COUNCIL - REGULAR MEETING December 7, 1994 7:00 P.M. KENAI CITY COUNCIL CHAMBERS A. CALL TO ORDER (The Student Mayor welcomes persons present to the council meeting of December 7, 1994.) 1. Pledge of Allegiance (The Student Mayor invites those present to join him/her in the Pledge of Allegiance.) 2. Roll Call (The Student Mayor requests the Student Clerk to call the roll. The Student Clerk calls the names of the Student Councilmembers. The Student Councilmembers answer "present" after their names are called. The Student Mayor turns to Mayor Williams. Williams requests Clerk Freas to call the roll. 3. Agenda Approval (The Student Mayor reads from information given to him/her prior to the meeting of changes to the agenda {additions, deletions, etc.j The Student Mayor asks, "Are there any additional changes to the agenda?" If a Student Councilmember wants to make an additional change, he/she would raise their hand in order to be recognized by the Student Mayor. The Student Mayor recognizes the Student Councilmember by saying, "Yes, Councilman/woman " The Student Councilmember then makes his/her request for an addition, deletion, etc. to the agenda. After changes are stated, the Student Mayor asks for a "motion approving the amended agenda." If there are no changes, the Student Mayor would ask for a "motion approving the agenda as presented." Either of the motions requires a "second." The Student Mayor asks "Are there any objections to the motion." If there are none, the Student Mayor bangs the gavel and states, "so ordered." The Student Mayor then turns to Mayor Williams and Mayor Williams asks the Councilmembers if they have any changes to the agenda. The Councilmembers then approve/amend, etc. the agenda. 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. C. PUBLIC HEARINGS (Public hearings include ordinances and resolutions, Games of Chance and Skill, Liquor License Renewals, etc. Usually, Games of Chance and Skill and Liquor License Renewals are included in the Consent Agenda and do not require discussion. The ordinances and resolutions, however, always need to be discussed and voted, pass or fail. Ordinances are acted upon first. The Mayor would say something like, "We have before us Ordinance No. .....", and read the title of the ordinance which will be included on the agenda. The Mayor would then request a motion from the Student Councilmembers. The Student Councilmember raises his/her hand in order to be recognized. The Student Mayor recognizes the Student Councilmember. A motion is made to bring the ordinance to the floor. A motion must always be in the positive .... "I move to approve Ordinance No. " The Student Mayor asks "Is there a second to the motion?" Another Student Councilmember states, "I second the motion." The Student Mayor turns to Mayor Williams for him to ask for a motion and second from the Council. After that is complete, the ordinance is ready to be discussed. The Student Mayor asks, "Is there anyone from the public who would like to comment on Ordinance No. " if there is, ask the person to please come forward to the podium, and state their name for the record." After those comments are completed, the Student Mayor would ask if there are questions from the Student Councilmembers. If there are, the Student Mayor recognizes the Student Councilmember. The Student Councilmember asks the question, etc. If it is a question which has to do with finances, the Student Councilmember might ask a question of the Student Finance Director for an explanation, or from the department head who has requested the ordinance, etc. If the Student Councilmembers have no questions or comments, turn the discussion to Mayor Williams in order for the Council to discuss the ordinance. After that discussion is completed, the Student Councilmember would ask "Is there any further discussion?" If not, the Student Mayor would state, "Clerk please call the roll." The Student Clerk would then state the names of the Student Councilmembers. The Student Councilmembers would either vote "yes" or "no." After that vote is taken, the Student Mayor turns the discussion to Mayor Williams in order for him to handle the Council's vote on the ordinance. There may be more than one ordinance. Other ordinances would be handled the same as above. After the ordinances are completed, there may be resolutions on which to hold public hearings. A resolution is different from an ordinance in that a resolution does not require a roll call vote. 12. Librarian 13. Parks & Recreation Director 14. Police Chief E. ADJOURNMENT OF STUDENT GOVERNMENT PORTION OF THE MEETING. (The Student Mayor might state, "This concludes the Student Government portion of the agenda. Having no further business to come before this Student Council, I declare this portion of the December 7, 1994 council meeting adjourned." Bang the gavel. Turn the meeting over to Mayor Williams. Mayor Williams will suggest a break be taken. The students will then be excused and can go home. Municipal Basic Services Proposal Spotlighted TheAMLMunicipal Aid Working Group proposal fora new program of municipal aid, the Alaska Municipal Basic Ser- vices (AMBS) Program, will be the focus of discussion at the 44th Annual Local Government Conference, Novem- ber 16-18, 1994. The program will be introduced at a General Session on Wednesday, November 16, and dis- cussed in more detail during a policy section that afternoon. Members will be asked to adopt a resolution supporting the proposal, which could becomethe #1 igislative priority for the League during ,e upcoming session. The basic con- cept of the AMBS program is that the state should share revenue with munick palities in proportion to the extent that the municipalities provide municipal ba- sic services. (continuedon page 2) r-------------- In This Issue Board Adopts Draft Priority List Page 3 AML Platform issues to be decided at 1994 Conference. I Make Plans for Conference Page 3 Plenty ofactivifies are being planned for this year's conference. Also see the mini -program included in the insert Defuse Negative Conference Publicity Page 7 Leamhowtohandle media questions on attending conferences. Meet Your AML Staff Insert Ever wonder whatthe faces were behind the voices at the AML office? L--------------� AML PresidentJohn Torgerson will preside overactivities atthe 44th Annual Local Government Conference beginning Wednesday, November 16, at Centennial Hall in Juneau. President Torgerson will tum the gavel over to incoming President, Mayor Don Long, City of Barrow, attheAnnual Meetingon Friday, November 18. Thanks, John, for the extraordinaryjob you did on behalf of the League. Welcome to Juneau - A Capital Place to Bell As November draws near,/ would like to officially welcome the Alaska Municipal League's 44thAnnual Local Conference backto Juneau. Hook forward to greeting old friends and making many new ones. The communitytakes great pride in hosting the Alaska Municipal League, and we are eager to make your stay a most successful and happy fime. In addition to the elected officials, I would like to welcome the various associations -- clerks, managers, attorneys, assessors, finance officers, and planners -- who will be hold their training sessions and business meetings just prior to the AML Conference. As a newly elected mayor, I am looking forward to participating in the Newly Elected Officials workshops and the many other seminars that are being planned. 1 hope to see you there. Again, welcome to Juneau! Byron 1. Mallott, Mayor City and Borough of Juneau Officers John Torgerson, President AssemblyMember, KenaiPeninsula Borough Donald Long, First Vice President Mayor, CityofBarrow Donna Fischer, Second Vice President CouncilMember, Cityof Valdez Directors ElmerArmstrong AssemblyMember, NorthwestArctic Borough John C. Gonzales Mayor, DenaliBorough Tom Greene CouncilMember, CilyofNondaiton Robert Knight Mayor, CityofNenana JoeMurdy AssemblyMember, MunicipalityofAnchorage RandyOtos CouncilMember, CityofCraig Jamie Parsons Mayor, CityandBorough ofJuneau John Williams Mayor, CityofKenai George Carte', Past President Mayor, CityofPalmer Leo Rasmussen, Past President CouncilMember, CityofNome Betty Glick, Past President AssemblyMember, Kenai Peninsula Borough Jerome M. Selby, Past President Mayor, Kodiak Wand Borough LeJane Ferguson AlaskaAssociation ofMunicipal Clerks GinnyTierney Alaska MunicipalManagementAssociation Gerald Lee Sharp Alaska MunicipalAttomeysAssociation Staff Kevin C.Ritchie Executive Director Chrystal Stillings Smith DirectorofMember Services Julie Krafft StaffAssociate Jeanne McRoberts Administrative Assistant Susan Behbahani Secretary Vice President Nominations Sought Both the First Vice President and Sec- ond Vice President positions will need to be filled by AML members this year during the Annual Local Government Conference. Nominations are being sought for these officer positions as well as for each of the ten director district seats and the at -large director position. AML members are urged to think about nominating elected officials from their communitiesto serve in these important League leadership positions and to dis- cuss potential nominations with others from their regions. The vice presidents can be nominated from any area except AML Districts 3 and 8, which are repre- sented by current President John Torgerson of the Kenai Peninsula Bor- ough and incoming President Donald Long of Barrow. A nominations packet was included in the Septemberissue of The Touchstone; additional nominations forms are avail- able from AML or may be picked upatthe Conference registration desk. Nomina- tions for officers and directors must be turned in to AML staff by 5:00 p.m., November 16, priorto the meeting of the Nominations Committee. Touchstone AMBS (continued from page 1) AMBS is intended to replace the cur- rent Municipal Assistance and State Revenue Sharing prog ramswith a single, more equitable, less complex program that ensures accountability. The work- ing group felt the current programs do not reflect the policy decisions neces- saryforthe future. Nordo they, to judge from their funding history over the last decade, adequatelytie shared revenues to the provision of basic services in a way to generate support from the legis- lature or executive branch. The proposed AMBS program sup- ports a "back to basics" approach, re- duces administrative complexity, allo- cates revenues fairly, and provides an efficient long-term vehicle to support stable and effective local government. The program uses a modified categori- cal approach to the distribution of state - collected revenues from commonly held resources and stresses the provision of basic services. The formula takes into account er penditures on nine basic services ca egories, local fiscal capacity, and popu- lation. The proposal includes a mini- mum entitlement of $50,000 per munici- palityto helpAlaska's smallestcommu- nities remain financially viable and able to provide basic services. Additional information on the AMBS proposal will be available at the Local Government Conference and material will also be mailed to AML members. The Touchstone is published monthly from July through December by the Alaska Municipal League, 217 Second Street, Suite 200, Juneau, Alaska 99801, 907-586- 1325. When the Alaska State Legislature is in session, The Touchstone is replaced by the AML Legislative Bulletin. One copy of each of these publications is sent free to Member Municipalities, Associates, and Affiliates. Additional copies are available to members at a cost of $35 per subscription to the same address. Additional copies to other addresses are available to members at a cost of $50 per subscription. Non- members may subscribe to The Touchstone only for $20 per year. Advertising space is available at $4.50 per column inch, and discounts are available to members and for contracts of a year or longer. Listings of job opportunities in AML member municipalities are published free of charge as a membership service. Paget AML Touchstone ■ November 1994 What's Happening in Juneau? The 1994 conference delegates will have plenty of interesting events to at- tend while in Juneau during the week of November 14-18. Juneau City Tour - 2:00 p.m., Tues- day, November 15. Many AML mem- bers never get a chance to see Juneau, so a FREE tourist's eye view bus tour is being scheduled this year. The tour will leave Centennial Hall at approximately 2:00 p.m. and visit the downtown area, DIPAC Salmon Hatchery, and Mendenhall Glacier, returning atapproxi- mately3:30 p.m. Don't missyourchance to Alaska's capital city. A special evening of activities is being planned for Thursday, November 17. All -Conference Reception - 5:30 p.m. Join your colleagues for food and fun at theTreadwell Room of the Baranof Hotel. The reception is sponsored byCH2M Hill nd OMI. Juneau Shopping Tour - 6:30 to 9:30 p.m. FREE bus service will be avail- able to take delegates to some of the best shopping facilities in Juneau. The bus will depart from the Baranof Hotel and the Westmark Hotel and will stop at the Fred Meyer's shopping center and the Nugget Mall. A more detailed sched- ule will be available in your conference packets. Perserverence Theater - 7:30 p.m. Forthose interested in some of Juneau's finest entertainment, Perserverence Theater will be presenting its final pre- view night of"Little Shop of Horrors." We have reserved 50 seats at $3.00 each for delegates to the AML Conference. There will be a sign-up sheet for the shopping tour and theater presentation in the registration area. Please help us plan for attendance at these events by -igning in when you register. Let's make As the best conference ever! Board Adopts Draft Priority List AML's legislative priorities are established bythe Board of Directors each year following the Local Government Conference and Annual Meeting. Those priorities, as outlined in the Municipal Platform, become the legislative program to provide focus to the efforts of the League during each session. Meeting in Homer in September, the Board adopted a tentative list of issues for 1995. These will be reviewed in lightofdiscussions during the conference and actions taken bythe members in adopting the Policy Statement and resolutions for 1995. The final priority list will be adopted by the Board at its meeting on Saturday, November 19. The draft list of priority issues for the 1995 includes: 1. Gaining passage of legislation to establish the Alaska Basic Municipal Services (AMBS) Program, the program developed by AML's Municipal Aid Working Group (see related story, page 1) 2. Encouraging Governor and Legislature to undertake long-range fiscal plan- ning efforts 3. Finding a solution to the unfunded state mandate of the Senior Citizens/ Disabled Veterans Property Tax Exemption program 4. Securing funding for the School Construction and Maintenance grant pro- grams 5. Guaranteeing local government involvement in a comprehensive transporta- tion planning effort. Each of these issues will be discussed during the conference, and members should be prepared to share their opinions on them. Ifthere are other issues that members thin kshould be moved onto the "short list" forth e Platform, they should let Board members know. Free Laminated s Luggage Tags The Alaska Municipal League is pleased to offer FREE laminated luggage tags again this year. Just drop your business card in the basket at the Registration Desk when you check in at the 1994 Local Government Conference. Your personalized luggage tag will be available for pick up at the Alaska Municipal League Investment Pool Booth. Don't miss outl AML Touchstone ■ November 1994 Page3 Harbormasters Produce Model Ordinance The Alaska Association of Harbormasters and Port Administrators has developed an ordinance governing harbor useforAlaskan maritime commu- nities. The association retained Ronald Baird, an Anchorage attorney and asso- ciate member of the Alaska Municipal League, to assist the it with the project. Adraftofthe Model HarborOrdinance was presented to the members of the Association at their 1993 annual meet- ing. Numerous changes and corrections were suggested by the members and incorporated by Baird in the final version which was completed this year. The harbormasters' goal was to pro- vide greater uniformity in the harbor regulations which harbor users encoun- ter as they move from community to community within the state. The ordi- nance contains numerousgeneric provi- sions to address typical harbor issues. Communities are urged totailorthe ordi- nance as appropriate to meet local con- ditions. Baird cautionsthatthe documentdoes not address many issues raised by the use of harbors by common carriers like Sea -Land, Crowley, and others. Regula- tions pertaining to these common carri- ers must be collected in a tariff filed with the Federal Maritime Commission, ac- cording to Baird. Copiesofthe model Ordinance can be obtained through any member of the association or by contacting Baird at P.O. Box 100440 Anchorage, Alaska 99504, orbytelephone at907-258-8818. For Early Birds! Alaska Folk Festival "Novemberfest" Centennial Hall November 11 & 12 Evenings Plenty To Learn at Conference Workshops In addition to discussions on the policies and platform of the Alaska Muncipal League, there will be special workshops for delegates of the 1994 AML Local Government Conference in Juneau. Listed below are just a few: Safety First: Using Safety Programs to Save $$ for Your Community As municipal belt -tightening continues to put the squeeze on local government bodies, a good safety program is an excellent way to reduce your fiscal waste. Thissession will show howto setup an effective safetycommittee to help prevent accidents, reduce their costs, and cut down the chances of repeat accidents. Are all "accidents" unavoidable? Are there ways to preventthem from happening again? A mock safety committee meeting will help answer these questions in a lively and entertaining way. In addition, the AMUJIA Risk Control Managers will be present to answer questions from individual organizations. Using Assessment Centers for the Selection of Staff This workshop will begin with a presentation by Dr. Terrell Dilley on the concepts and processes involved in using assessment centers for staff selection. Ken Kareen and Donna Pierce from the City and Borough of Juneau, have collaborated on several assessment centers for hiring departmentdirectors and will discuss their experiences, including the procedural and technical consider- ations fordeveloping an assessment center process. The program will feature audience participation in the development of an assessment center for a hypothetical professional position. Planning and Financing Municipal Capital Projects: The Future of Community Improvements As Alaska learns to use its limited revenues for community improvements more effectively, the use bonding and creative financing will increase. Most people wouldn't consideror be ableto save the money necessaryto paycash fora house —why expect to pay cash for sewer lines or other community improvements? In fact, most people in the world don't. This workshop will re-educate Alaskans about bonding, including dealing with problems atthe ballot box and community education strategies. Theworkshop will also discuss the use of federal and state loan programs and creative financing techniques used by some communities. Prevention Is the Best Policy: Cut Your Health Care Costs and Foster a Healthier Community The focus of this workshop will be what the state and communities can do to improve communityand employee health through planning and implementation of health care programs. Panel members will present examples of worksite wellness programs formunicipal employees and health planning efforts under- taken by states and communities. One source of funding for such efforts is through the Planned Approach to Community Health (PATCH) grants adminis- tered through the state Division of Public Health; this program will be discussed. Page4 AML Touchstone ■ November 1994 Antitrust Settlement Saves Money for Municipalities Alaska's state and municipal govern- ments can expect to save up to $3 million on air fares over the next 18 months under a proposed national settlement of price-fixing allegations against eight major airlines. The proposed settlement, negotiated by the National Association of Attor- neys General, Airline Working Group, and a complaint detailing the price- fixing allegations will be filed next month in U.S. District Court in Washington D.C., said Bruce Botelho, Attorney Gen- eral for the state of Alaska. Beneficiaries in Alaska include the Alaska State Legislature, all state agen- cies, the Alaska Court System, the University of Alaska, and all local gov- ernmental entities including boroughs, unified municipalities, cities, villages, and community associations. Botelho said the proposed agreement will apply to all 50 states and will give travelers on official government business a 10 per- cent discount on all published fares for flights on Alaska Airlines, American, Continental, Delta, Northwest, TWA, United, and USAir airlines. The proposed agreementwould settle allegations that the airlines used their central computer reservation system to send signals to each other about raising and lowering fares. With the computer, the airlines could post price increases or decreases in advance of the time they took effect. The proposed agreement also re- quires that airlines pay $1.75 million in administrative costs and attorneys' fees. Under the terms of the proposed settle- ment, the airlines deny wrongdoing. The Attorney General's office will call on the Alaska Municipal League early next year for assistance in notifying municipalities of the proper procedures, according to Daveed Schwartz, assis- tant attorney general, For more information, contact Daveed Schwartz at 269-5265. Municipal Calendar Nov. 8 General Election Day Nov. 13-18 AML Local Government Conference Week, Juneau Call 586-1325 for more information. Nov.15 AMUJIA Board of Trustees meeting (6:00-7:30 p.m.); AMUJIAAnnual Meeting (8:00-10:00 p.m.), Baranof Hotel, Juneau. Call 1-800-337-3682 for more information. Dec. 1-4 National League of Cities Congress of Cities, Minneapolis, MN. Call NLC at 202-626-3000 for more information. Dec. 5 New Governor sworn in Jan.16 Legislative session begins Feb20-24 Government Risk Management Seminar, sponsored by Public Risk Management Association (PRIMA), San Di- ego, California. Contact Lynne Armstrong at 703-528- 7701. Communities, DEC, and EPA To Work Together A coordinated movement toward solving environmental problems in Yukon- Kuskokwim Delta villages is the goal of a major agreement just signed by the Association of Village Council Presidents, Inc, (AVCP), the Alaska Department of Environmental Conservation (DEC), and the U.S. Environmental Protection Agency (EPA), AVCP is a non-profit Alaska Native regional corporation that represents its 56 federally recognized tribal communities in relations with state and federal agencies. Approximately 20,000 residents live in these communities, Al Ewing, Assistant Regional Administrative for EPA Region 10, said, "This agreement is intended to coordinate the priorities of local, state, and federal efforts so that we are all working toward the same objectives and to pool our resources and expertise to help keep people in the communities free from disease and injury from environmental pollution, inadequate sanitation or unsafe drinking water." Environmental problems com mon to many rural villages include inadequate sanita- tion and threatsto safe drinking water, the difficultyof properly disposing ofsolidwaste, leaking fuel tanks and lines, and needs for cleaning up abandoned hazardouswaste sites. The agreement provides that AVCP, DEC, and EPA will work together annually to identify and prioritize communities that are in non-compliance with environmental regulations, then will developwork plansthat provide information on the steps needed to comply. EPA and DEC will work with AVCP to provide environmental quality management training to tribes and municipal governments as well as cross-cultural training for EPA and DEC, DEC's Janice Adair said, "This agreement is also part of a larger initiative by DEC. Our southcentral region is establishing an Office of Assistance to provide permit and compliance assistance and complaint resolution, which will also include DEC's pollution prevention office and community agreements program, It's a pilot projectfor now. We really hope to get public involvement to help us work out the bugs." EPA's Ewing added that his agency is very supportive of this project as well. AML Touchstone ■ November 1994 Page5 FY 95 Shared Fisheries Business Tax Applications Due Applications for the FY 95 Shared Fisheries Business Tax were sent out September 1 and must be submitted to the Department of Community and Regional Affairs no later than Decem- ber 15, 1994. Applicants must be municipalities and must demonstrate that the municipality suffered signifi- cant effects as a result of fisheries activity that occurred within the fishery management area. Funding for this program in FY 95 is equal to half the amount of state fish- eries business tax revenues collected outside municipal boundaries in calen- dar year 1993. The amount is approxi- mately $870,000. A percentage of that amount will be allocated to each Fish- eries Management Area based on the pounds of fish and shellfish processed in that area compared to the amount processed in the entire state. Those funds will be further allocated among the municipalities in each area based on the level of fishing industry significant effects suffered by each municipality compared to the level ex- perienced by the other municipalities in that area. If a municipality, because of its extensive area, is included in more than one Fisheries ManagementArea, a separate application must be submitted foreach area. For more information, call Michael Cushing at 465-4751. From the "Southcentral Reporter" Ray Troll Exhibit Opens November 12 Alaska State Museum 10:00 a.m. - 4:00 p.m. Tuesday - Saturday General Admission - $2.00 Position Vacancy City Manager - City of Aniak. The City of Aniak (pop. 550) is seeking a City Manager with a Bachelor's Degree in Public Administration, Business Admin- istration, or appropriate municipal experience. The city manager serves at the direction of the city council and is responsible for the daily management of all city operations, including the following: 1. Serves as personnel director for the city, supervises, appoints, suspends, or removes municipal employees. 2. Prepares and executes grant proposals, annual budget, and capital pro- grams. 3. Prepares financial statements and management reports for the city council. 4. Acts as custodian of the city's real and personal property. 5. Planning and coordination with state, federal, and local agencies. 6. Attends and participates in all city council meetings. Strong accounting and computer experience preferred. Submit a letter of interest and resume to the Aniak City Office, P. O. Box 189, Aniak, Alaska 99557. The City of Aniak is an equal opportunity employer. Mini -Grants Awarded The Division of Community and Rural Development has announced that 18 communities around the state have been awarded funds for FY 95 under the Rural Development Assistance (RDA) program. Successful applicants and their projects are: Akiachak - small engine repair shop Alakanuk - hotel/restaurant design Angoon -shellfish farm completion Chevak - snack shack Chignik Lake - fishing lodge feasibility study Cordova - fur business expansion Galena -cultural products marketing Kake - salmon products marketing Kenai Peninsula Borough - spruce shake/shingle marketing Knik - commercial potato harvesting Kodiak Island Borough - fishwaste plant food Kongiganak - Native craft supply store Levelock- manufacture/markettraditional apparel Marshall - Native product manufacturing Nenana - sternwheeler feasibility study Petersburg -tourism service guidebook Shaktoolik - fish station to fish/reindeer processing conversion Unalakleet- lodge promotion III From the "Southcentral Reporter" Ill Page6 AM Touchstone ■ November 1994 Defuse Negative Conference Publicity by Jean Van Devanter White, Director of Public Affairs, Fairfax County, VA (furnished by the National Association of County Information Officers; reprinted from "The Art of Communication") It's conference time again and you maybe gearing upforthat annual, "Five Area Officials Set for National Convention ... Local Lawmaker Questions Trip's Value" headline in your local newspaper. Other headlinesin the past have included, "You Pay ...They Play" and "Local Officials Tab for National Conference is $8,000." I'm sure you have plenty of your own examples. While you can't stop a bad news story or a headline that misrepresents the story, there are somethings you can doto prepare loran interviewand subsequent story. Try to keep a perspective on the conference. You don'tneed to be defensive aboutthe conference, even if you've been burned by stories in the past. You are going to the conference to learn more about programs and issues affecting your locality and to find possible solutions. You are concerned about national trends, funding, and how they will affect your locality. Tell this to the reporter and be totally prepared for the interview. Remember, you are the expert. Raise topics that you want to talk about. What are the particular workshops you will attend? What will you get from them? How can these workshops help your locality? Will you be meeting with your statewide organization or regional group at the conference? If so, what are the topics and what do you hope to accomplish? Do you plan to discuss your statewide legislative program? Sometimes writing your itinerarywill help and give d to the reporter. This is common sense and old hat to many of you. But those who have never had the thrill of seeing that Monday morning headline should know that a little preparation with direct responses will not necessarily make the story go away. However, it probably won't be front-page "sexy" and may end up on page six. This press will ask hard questions orframe them in a negative way. Don't repeat the negative foryour. answer. Stop for a fewseconds and determine howyou can turn the answer to a positive. Those questions might include: Do you think this is cost effective? Isthis a legitimate expenditure of taxpayerfunds? Are you using the trip for political purposes? Be ready to estimate cost. Know your room rates, per diem, and travel expenses. Above all, make sure you are not a sitting duck for the story; be sure all expenditures are legitimate. Unintentional mistakes such as charging even one long distance personal call makesfora lotof Mondaymorning quarterbacking. Reporters in many jurisdictions ask to look at travel vouchers, hotel room bills, and credit card receipts. For example, if you watch a pay -movie in your room, when you turn in your bill for payment by your finance department, be sure you includeyour personal checkto pay forthis personal expense. If you sayyou'll take care of it later, you may forget. Look at your community's prior year's expenditures on the conference. If this year's is higher, be prepared to respond asto why, and again, re-emphasize what your community will get out of the conference. As with any interview, decide prior the three most important points you wish to get across to the reporter and continue to emphasize those points. Keep it positive, simple, and clear. If you have had problems in the past with the headline misrepresenting the story, let the reporter know this during the interview. The reporter can pass your concern to the headline writer who may be a little more careful. Thiswill NOT stop negative stories. If a reportersets outto write a negative story on the conference, there isn't much you can do. But if one of your media wants to cover your attendance as a legitimate story and you provide enough facts, then you have a better chance for positive coverage than if you simply respond, "We're going to the conference and we'll let you know how it was when we get back." Where To Stay in Juneau Westmark Baranof 127 Franklin Street Juneau, Alaska 99801 Telephone: 1-800-544-0970; (907)586-2660 Number of Rooms: 175 Rate: $79.00 + tax, single or double Westmark Juneau 51 Egan Drive Juneau, Alaska 99801 Telephone: 1-800-544-0970; (907)586-6900 Number of Rooms: 80 Rate: $88.00 + tax, single or double Driftwood Lodge 435 Willoughby Avenue Juneau, Alaska 99801 Telephone: 1-800-544-2239; (907) 586-2280 Number of Rooms: 43 Rate: $44 to $84 + tax (depending an size and no. of people in room) Prospector Hotel 375 Whittier Street Juneau, Alaska 99801 Telephone: 1-800-544-0907; (907)586-3737 Number of Rooms: 46 Rate: $46 to $78 + tax (dep. on view) Breakwater Inn 1711 Glacier Avenue Juneau, Alaska 99801 Telephone: 1-800-478-2250; (907)586-6303 Number of Rooms: 15 Rate: $75.00 + tax, single or double; $90.00 + tax for 3 or 4 people Alaskan Hotel 167 South Franklin Street Juneau, Alaska 99801 Telephone: (907)586-1000 Number of Rooms: 40 Rate: $50 + tax with private bath $30 + tax with shared bath AML Touchstone ■ November 1994 Page7 Alaska Municipal League 217 Second Street, Suite 200 Juneau, Alaska 99801 Carol Freas City Clerk City of Kenai 01 210 Fidalgo Avenue, Suite 200 Kenai, Alaska 99611 PLEASE COPY AND DISTR /BUTS Welcome To Conference Exhibitors The 44th Annual AML Local Government Conference has attracted a wide variety of exhibitors who are looking forward to explaining their services, products, and programs to local government leaders from around Alaska. Please show your support to the following exhibitors by stopping by their booths and learning how they can make your job easier. Alaska Department of Environmental Conservation ICMA Retirement Corporation AFLAC - Alaska U.S. Environmental Protection Agency DMVA/Division of Emergency Services Alaska Housing Financing Corporation HDR Engineering Alaska Department of Community & Regional Affairs - Ruba Program Mutual of America Alaska Department of Community & Regional Affairs- MRAD AML/NACo Deferred Compensation Program Dames & Moore Alaska Municipal League Investment Pool Alaska Division of Libraries, Archives & Museums Alaska Municipal League Joint Insurance Association Alaska Recreation and Park Association Page8 AML Touchstone ■ November 1994 wrl Region, Harvesting trees in the buffer zones The Alaska Department of Fish and Game reports of 5,667 trees that have been targeted for harvest, 4,470 were approved for cutting -- an 83 percent approval rating. Environmentalists have lambasted this approval rating as showing favoritism, private timber owners argue it shows how carefully the trees were selected. John Sturgeon stands proudly among large, mature timber lining a narrow stream on Montague Island. As President of Koncor Forest Products. Sturgeon sees the value in these trees. both in terms of money to Koncor's native shareholders and the trees' con- tribution to the health of the streams. He explains to a group of visitors that Koncor has no problem in not harvest- ing the privately -owned trees, as long as the trees will actually contribute to protecting fish habitat and water quality. Koncor has been leaving buffer strips along riparian areas long before the State Forest Practices Act man- dated the 66-foot riparian zone along streams and rivers on private lands. On Montague Island, Koncorwill leave over 7 million board feet of timber, valued at more than $5 million in buffer zones on the private lands where it is harvesting timber. The company began harvesting timber it purchased from Chugach Alaska Corporation last year at Patton Bay and Beach River, located in the southeast corner of Montague Island, which is the largest island in Prince William Sound. The remainder of the island, as well as the majority of all John Sturgeon briefs Rep. Jeanette James of North Pole on timber harvesting procedures at Koncor's Montague Island operation . Also pictured is state forester Tom Boutin (right), Koncor's Al Foutch (Center), Rick Solie, and RDC Executive Director Becky Gay. lands in Prince William Sound, belongs to the U.S. Forest Service and is cur- rently off-limits to timber harvesting. "The intent of the buffers is to pro- tectfish habitatand waterquality," Stur- geon said. "Among other things, the buffers are intended to control erosion, maintain bank stability and provide woody debris important to salmon rear- ing," he added. "Foresters and loggers not only enjoy the forest for its aesthetic (Continued to page 8) Resource_development report card., onIhe_incumbents ... see pages5-7 COUNTERPOINT RDC's upcoming 15th Annual Con- ference will feature a series of exciting debates and point -counterpoints on changing public policy issues and regulatory developments that will have near -term and long-term implications for Alaska's basic industries. Set for November 17-18 at the Hotel Captain Cook in Anchorage, "Point -Counterpoint: Alaska Trends. Perspectives and Options," will exam- ine key issues and other factors that will affect resource producers across Alaska. New federal access regulations. timber harvesting, oil and gas develop- ment, wetlands policy, the Endangered 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. Executive Committee Officers President .................................. David J. Parish Sr. Vice President ................ Elizabeth Rensch Vice President ....................... Scott L Thorson Secretary ............................... Lyle Von Bargen Treasurer .................................. Allen Bingham Past President ......................... James L. Cloud Executive Director ...................... Becky L Gay Communications Director ....... Cad R. Portman Special Assistant/Finance ....... Judie Schneiter Projects Coordinator ...................Ken Freeman Staff Assistant ............................ Penny 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 publication may be reprinted without permission provided appropriate credit is given. Writer & Editor Carl Portman a_ Species Act and many more critical issues will be debated by speakers from both sides of the development and non -development equation. In addition to exciting point -coun- terpoints and hot debates, the program includes interactive workshops, expert economic panels and accurate industry update reports. The conference is ex- pected to attract decision -makers from business, industry and government, including legislators and regulators. The two-day, Thursday -Friday event opens with a media workshop Thursday morning on environmental and natural resource issues. Panelists from the Anchorage Daily News, the Associated Press, the Alaska Public Radio Network and KTVA-Channel 11 will outline how to be more effective in communicating positions and ensuring better press coverage on issues impor- tant to industry and business. A second workshop will outline effective strate- gies for winning environmental and natural resource battles in Congress and the state Legislature. Experienced political analysts and the Alaska House Majority Leader will be on hand to de- liver the strategies. The first of two keynote luncheons will feature Alaska's new Governor -Elect while John Fund, Sr., Editorial Writer for the Wall Street Journal, will address "Warforthe West: The Frontier & Wash- ington Collide" in the second -day lunch. The Thursday afternoon segment of the conference will open with Dennis O'Brien, President of the U.S. Associa- tion of Energy Economists and Presi- dent of Caltex Petroleum Company, speaking on World Oil and Gas: Sup- ply, Demand and Price. Neal Fried of the Alaska Department of Labor will follow with an in-depth presentation, "Alaska Overview & Trends: Oil, Miner- als, Timber and Tourism. Gunnar Knapp, an economist with the Institute of Social and Economic Research, will address "Alaska Fisheries: Supply, De- mand, Price and Politics." The conference will continue Fri- day with a series of debates and point - counterpoints and a special panel of industry leaders examining current trends, opportunities and obstacles. The Alaska Forest Association, the Alaska Visitors Association, the Pacific Legal Foundation, Arctic Power and Cape Fox Corporation will debate and counter the National Wildlife Federation, the Southeast Alaska Conservation Coun- cil, the Alaska Rainforest Coalition and Greenpeace on issues ranging from federal wetlands policy, federal access regulations and phase out of fossil fuels to the Endangered Species Act and sustainable logging. Participating in an insightful indi try outlook panel are Ken Thompso, ARCO Alaska, Inc., Robert Loescher, Sealaska Corporation, Ralph Lewis, Ketchikan Pulp Company, Mary Nordale, Alaska Miners Association. Chuck Meacham, Jr., Alaska Depart- ment of Fish and Game and Johne Binkley, Alaska Visitors Association. RDC's 15th Annual Conference promises to be the most exciting re- source development conference of the year. RDC aims to build a broader un- derstanding of diverse resource devel- opment and environmental perspec- tives through this stimulating, new pro- gram, which is dedicated to creating the links among people, politics, science and industry to advance the economy. Your attendance and sponsorship of this event not only demonstrates your support. but allows RDC to con- tinue its vital work year-round. To reg- ister for the conference, call RDC at 276-0700. (If you can take an extra day, Wednesday, Nov. 16, the day bet, the RDC conference, the Hotel Captain Cook will be the site of the White House Conference on Small Business. Call the SBA at271-4022 to register.) Come a day earlier and attend both! Page 2 / RESOURCE REVIEW / October 1994 Resource Development Council Tor aias,a, Inc. � HURSDAY Petroleum Club of Anchorage 4101 Credit Union Drive (South side of Sea Galley Restaurant) November 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 Nov. 3: Alaska Railroad: Opportunities Down the Track Robert Hatfield, President & CEO, Alaska Railroad Corporation Nov.10: New Direction and Opportunities for Anchorage Nov. 17-18: Mayor Rick Mystrom RDC's 15th Annual Conference Points Counterpoint: Alaska Trends Perspectives and Options Great debates on the hottest issues Economic trends and analysis tm IA • Effective political strategies Hands-on workshops Register Now! Call RDC for more information at 276-0700. Resource Development Council for Alaska, Inc. 15th Annual Conference Point • Counterpoint Alaska Trends, Perspectives and Options Thursday, Friday — November 17 & 18, 1994 Hotel Captain Cook, Anchorage ONLY TWO WEEKS LEFT !!! Members $200 Non-members $225 To Register: Return this form by FAX to (907) 276-3887, OR mail to RDC, 121 W. Fireweed Lane, Suite 250, Anchorage, AK, 99503. Fee includes a $50 non-refundable processing fee; no refunds after Friday, Nov. 4, 1994. Participant substitution is permitted, call us with your changes! For additional information, call RDC at (907) 276-0700. Hotel Accommodations: Call the Hotel Captain Cook at (907) 276-6000 for reservations. Specify "RDC conference" for the rate of $90, single or double. Name Title Firm Address City State Phone Fax Method of Payment: Check# Zip VISA/MC/AmEx# Expires Name on Credit Card • elf you have already registered or are a sponsor, please pass this form on to someone else. 0 0 Sponsor, Underwriter and Exhibitor rates are available, call 276-0700 for information. Ketchikan is a vibrant community facing some difficult questions on the economic horizon. The RDC board vis- ited the city of 14,000 residents during the first week of October. As with our August community out- reach trip to Barrow, this visit provided valuable opportunity to learn first hand more about the issues impacting re- source development across the state. It also allowed us to visit with out local membership and exchange views and insights on issues of mutual concern. One of the most impressive projects we learned about is called Ketchikan 2004. This is a report compiled by a task force of local community and busi- ness leaders trying to chart a proper course for their community over the next ten years. While we've all seen similar studies and reports done in other parts of the state (only to gather dust on the selves), our board was struck with something else about this effort. Ketchikan 2004 includes a series of goals for long-term economic growth - and specific plans for how to achieve that growth. Most importantly, there is a commitment from community lead- ers to follow-through and pursue these specifics and build upon the existing economic strengths of the region. One of the primary strengths of the region is the timber industry. While RDC has been a long-time supporter of the timber and mineral industries in Southeast, we hope to do more in the future. RDC has been worsting long and hard on the Tongass Land Management Plan and related issues, including sustain- able timber harvesting, access for mineral exploration and development and en- hanced access for recreation and tourism. Unfortunately, all of these industries are again under assault. Our visit enabled us to learn more about the latest withdrawal of lands from timber harvest, under the pre- tense of protecting the non -endangered and non -threatened northern goshawk and Alexander Archipelago wolf. The Ketchikan looks ahead RDC gathers at Cape Fox Corporation's log transfer facility near Ketchikan. Pictured from left to right are Board Members Karen Hofstad. Ernesta Ballard, Jim Cloud, RDC Executive Director Becky Gay, President Dave Parish, Cindy Bailey, Doug Campbell (Cape Fox Corporation), Joe Henri, Steve Thompson (Alaska Pacific Trading Co.), Elizabeth Rensch, and RDC staff Carl Portman and Ken Freeman. (Pohto by Steve Connelly) See additional photos on page 4 i implications are significant, not just on I The RDC tours of Cape Fox Cor- public lands in Southeast, but on private poration timber operations and the lands as well. With two-thirds of the Ketchikan Pulp Mill left a vivid impres- commercial timberlands within the I sion of how many local jobs are at Tongass already off-limits to any har- stake. Not just due to more timber vest, the Forest Service through a re- withdrawals on public land, but with the cently-released Environmental Assess- encroachment of increasing govern- ment, is now planning to put more than I ment-imposed land use restrictions on 602,000 acres of the Tongass in new private land. conservation zones. It was also made clear by the support - The timber industry, the mainstay of ers of Ketchikan 2004 that the region's the region's economy to the tune of $450 economic future is not solely linked to the million annually, strongly disagrees with timber industry. Umits on access and infra - the Forest Service that the new no -cut structure are a problem, particularly on the zones will have "no significant impact." travel, tourism and fishing fronts. The timber communities of Southeast RDC remains committed to sup - are feeling the impact now as available porting economic and resource devel- timber sales have been halted or re- opment throughout Alaska. A special duced. What's most discouraging is that thanks to RDC board member Ernesta available scientific evidence does not I Ballard and Ketchikan Pulp Company's support the listing of the wolf or goshawk as i Steve Connelly for making our out - either threatened or endangered. reach effort so successful. October 1994 / RESOURCE REVIEW / Page 3 RDC board members tour Ketchikan Pulp Company's sawmill at Ward Cove near Ketchikan. KPC sends high quality logs to its saw mill for processing into lumber while utilizing low -quality timber for its pulp operation. KPC is the largest year-round emp/oyerin Southeast. Logger Jack Gabriel demonstrates his skill in harvesting a Sitka spruce on Cape Fox Corporation land near Ketchikan. RDC board members look over Ketchikan timber operations Photos by Carl Portman RDC President Dave Parish brands the Cape Fox insignia on a log at the company's log transfer facility. While in Ketchikan, Parish addressed timber, tourism, fishing, mining and other resource issues before the Ketchikan2000 Rotary Club and met with local RDC members. RDC board member Ernesta Ballard, Chief Operating Officer of Cape Fox Corporation, explains to RDC staff and board members timber harvesting procedures on corporation lands in Southeast Alaska. RDC Senior Vice President Elizabeth Rensch examines a sheet of pulp at the KPC mill. Pulp is used to make a wide range of consumer products. Rick Benner of Ketchikan Pulp Company shows RDC Executive Director Becky Gay a sample of pulp in a stage of processing at the company's mill. Looking on is KPC's Steve Connelly and RDC's Dave Parish (right). The company recently announced it will spend $60 million to make its mill chlorine -free by the spring of 1996. Page 4 / RESOURCE REVIEW / October 1994 RDC, AFA oppose Tongass proposal RDC urges members to write Forest Service asking it to withdraw EA The Resource Development Coun- cil has joined the Alaska Forest Asso- ciation in calling for the U.S. Forest Service to withdraw a recently -released Environmental Assessment (EA) which proposes to put more than 600,000 acres of the Tongass National Forest into habitat conservation zones. The Forest Service proposal seeks to reduce the land available for timber harvest by about one-third in order to create conservation zones forthe north- ern goshawk and the Alexander Archi- pelago wolf. Already two-thirds of the commercial timberlands in the Tongass are closed to logging. Of the one-third open to harvest, logging is further lim- ited by 100-foot buffers along rivers and streams, 500-foot buffers along beach fringes, and 1,000-foot buffers around estuaries. The U.S. Fish and Wildlife Service recently accepted petitions from Out- side environmental groups to list the goshawk and wolf as threatened under the Endangered Species Act, even though populations of both are healthy and not in danger. Timber industry leaders and the State of Alaska Depart- ment of Fish and Game say no evi- dence exists that the northern goshawk qualifies for listing as either threatened or endangered, nor does local knowl- edge or available scientific evidence support the listing of the wolf. The proposal for new conservation zones is outlined in the "preferred alter- native" of the EA, which contains guide- lines for interim management of the Loggers in the Tongass National Forest fear a proposal to create new habitat conservation zones will aggravate a timber supply shortage for local mills. Two-thirds of the commercial forested lands in the Tongass are already closed to harvest. (Photo by Carl Portman) forest until the Tongass Land Manage- ment Plan (TLMP) is completed late next year or in 1996. RDC is asking its statewide mem- bership to write the Forest Service ask- ing that it withdraw the EA and prepare an Environmental Impact Statement (EIS) with a full disclosure of all scien- tific views and economic impacts. RDC is also requesting a full range of op- tions, backed up with scientific evidence demonstrating sufficient need for any conservation zones. RDC believes that any needed management changes should be done under the full revision process for TLMP. Marieke Nordlinger, Communica- tions Director of the Alaska Forest As- sociation, pointed out that social and economic impacts are not addressed in the EA. She said reducing the available harvest lands by one-third will result in the loss of a significant number of jobs, including the continued closure of the Wrangell sawmill. The Forest Service claims its in- terim measure will not affect timber harvest, but Nordlinger noted it already has, halting or reducing available sales across Southeast. She charged that the EA was predetermined and has already been applied to the Tongass, noting a June 30, 1994 timber sale program reflects interim management guidelines. "Illegal implementation by the For- est Service of interim measures has already affected timber harvesters and (Continued to page 10) Report card shows how incumbents voted on issues The Resource Development Council has published an analysis of how Alaska legislators voted last session on key resource development and environmental issues. The analysis not only outlines how each legislator voted on bills that were a high priority to RDC and the resource development community, it presents an overall score for each legislator, based on preferred or negative stands on the issues. The Alaska Environmental Lobby (AEL) has compiled a report card defining the 18th Alaska Legislature and its sensitivity to environmental concerns. As a comparative analysis for our readers, the AEL's overall ratings for each legislator are printed adjacent to RDC's ratings on pages 6-7 of this newsletter. The two reports should prove helpful to RDC members and others as they consider the positions of incumbents on critical issues facing Alaska's economy. Please remember to vote on Tuesday, November 9. October 1994 / RESOURCE REVIEW / Page 5 How the incumbents voted on resource deve Legislator HB 199 Large Block Leasing HB 183 FBKS to Nome Transportation Corridor HB 201 Mental Health Trust Lands Settlement HB 213 Closures to Mineral Entry HB 259 Municipal Entitlement HJR 55 Tongass Timber Harvests HJR 56 PACFISH Exemption Resolution SB 178 Restrictinc Legal Action Sen. Adams - - i A - + - - - Donley + + I - Duncan + + - Ellis E + - Frank + + + + + + + + Halford + + + + + + + Jacko + + + + + + + + Kell + + + + + + + + Kerttula + Leman + + + + + + + + Lincoln + + + Little + + Miller + + + + + + + + Pearce + + + + + + + + Phillips + + + + + + + + Rie er + + + + + + + + Salo + I + + + Sharp + + + + + + + + Ta for + + + + + + + + Zharoff + + + + Rep. Barnes + + + + + + + + Brice + + + + + + + Brown + Bunde + + + + + + + + Carney + + + + Davidson A + A A A Davies + _ B. Davis + + + + E + + G Davis + + + + + + + + Finkelstein + Foster + + I + + + + ! + + Green + + + E + + E + Grussendorf + + + + + Hanle + + + + + Hoffman A + + A E A Hudson + + + + + + + + James + + ! + + + + + + Kott + + + + + + + + Larson + + + + + + + + Mackie + + + E + + MacLean + + I + + + + + + Martin + + + + + + + Menard + + + + + Moses + + + + + + + + Mulder + + + + + + + + Navarre + + + Nicholia E + + + + Nordlund + + + + Olber + + + + + + + + Parnell + + + + + + E + Phillips + + + + + + + + Porter + + + + + + + + Sanders + + + + + + + + Sitton + + + + + + + _ Therriault + + + + + + + _ + Toohe + + + + + + + + Ulmer + E + E + Veze + + + + + + + + Williams + + + + + + + Willis + + + + + + + E Page 6 / RESOURCE REVIEW / October 1994 (Key: + =Favorable vote . - =Unfavorable vote )pment issues E = Excused absence. A = Absent) How the -Alaska Environmental Lobby rated legislators AEL scores reflect how legislators voted on ronmental issues, of which many were the same as those in RDCs summary. Son. Adams 75% SB 215 Oil Spill Response Fund SB 308 Resource Disposals Best Interests Findings SB 310 Forest Management Agreements SB 382 Mental Health Lands Trust (Special session) Overall Rating on RDC priorities E - - 107 E + 27 Donley 83 + 25 Duncan - + 18 Ellis 100 + + + + 100 Frank 0 + + + + 92 Halford 15-- + + + + 100 Jacko 8 i + + + + 100 Kelly 15-+a; - - + 17 Kerdula 92- + + + + 100 Leman + 33 Lincoln 69 - + 25 LhWe 85-- + + + + 100 Miller 0_ ; + + + + 100 Pearce 0'; + + + + 100 Pfullrps 8 s -_ + + + + 100 Rieger + E + 54 67 _... + + + + 100 Sharp. 0 _ + + + + 100 Ta 0 E + 45 Zbaroff 77._. + + + 1 100% Rep. Bames 0.:- + + 82 Brice + 18 Biown . 100 + + + 100 Runde A + 50 Corey 7Mr. 14 Davidson 100=- + 18 Davies 93 1s y^- + + 73 BADavis -- . + 18 Finkelstein 94- + + + 100 Foster 0-- + + + 100 Green + 64 Grussendon` 63- + + + 100 an e + + 57 Hoffman 73" y_ + + + 100 Hudson 6:- _ + + + 100 James 0� + + + 100 0 . + + + 100 r = L1trsoa - 0jR1: - - + + 70 Mackie - 41 1t E + 90 MacLean - + + + 91 Mariin 6, -: A + 60 Menard 73W + + 91 Moses _ 19ti " E - + 40 _ llfarrarre B7-1- 1 7 ON OW^ + 50 - - + + 54 N=Iurld + + + 100 01berg 0s + + + 100 P*nelf + + + 100 at + + + 100 Porters + + + 100 Sanders 0mr - + 73 rttoo,V- 53i- — + + + 100 TFw u 0 + + + 100 Too e 0 + 44 Ulmer 88*, + + + 100 ezey 0 + + + 100 Williams 6 - + 80 WiAis 65-,. October 1994 / RESOURCE REVIEW / Page 7 Company receives no compensation for leaving privately -owned trees in buffer strips (Continued from page 1) and recreation values, they also work in the forest year-round. Their future de- pends on a healthy forest, a new gen- eration of trees and maintenance of fish and wildlife habitat." Although Sturgeon, a former state forester, has always supported buffer zones, he believes there needs to be more flexibility in the delineation of the no -cut areas. Site -specific circum- stances should be the deciding factor in determining the size of the buffer, not an arbitrary line. Sturgeon believes that some buffers may need to be wider. such as areas surrounding Kitoi Lake on Afognak Island where a hatchery receives its water. Other streams may be narrow or face a high risk of bank degradation due to blowdown, and thereby may do better with no standing trees within the riparian areas except for younger, vigorous trees. Sturgeon pointed to a number of buffer zones on Montague Island that have dry stream beds or small trickling streams. Some streams on the island were raised in excess of 30 feet by the 1964 earth- quake and have been dry since. Sturgeon has no argument against leaving private trees in buffer zones On Montague Island, Koncor will leave over 7 million board feet of timber, valued at over $5 million, in buffer zones on private lands where it is harvesting timber. (Photo: C. Portman) which truly are contributing to fish habi- tat and water quality protection, but he takes exception to blanket requirements which force the company to leave its trees standing when the harvest of those trees will cause no significant harm. "Koncor harvests timber only on private land and all the trees within our buffers are private property." Sturgeon said. "Koncor receives no compensa- tion for the millions of dollars lost to stream buffers and asks only that there Touring Montague Island timber operations are from left to right Tom Boutin, State Forester, Senator Fred Zharoff, John Sturgeon, Thyes Shaub, At Foutch, Jack Phelps, Rep. Shawn Parnell and Senator Loren Leman. Standing overhead are Rep. Jeanette James and Becky Gay. (Photo by Carl Portman) be a direct public benefit to be gained from our loss. either in water quality nr fish habitat. If there is no scientific b efit to be gained to the public. we shou... not be required to leave the trees. The government should have the burden of proof that harvesting trees will cause harm since they are taking private prop- erty for a public good." The State Forest Practices Actdoes allowtimberio be harvested within buffer zones where the harvest is not likely to cause significant harm to fish habitat or water quality. Trees that can be har- vested within the buffer areas are called ,,variation trees." These trees are nomi- nated by the private timber owner, then individually inspected by both the Alaska Department of Fish and Game (ADF&G) and the Alaska Department of Natural Resources (DNR). Each individual tree is inspected to determine if its removal can occur without causing significant harm. The timber owners have been very careful in their selection of the variance trees. As a result. ADF&G reports that of the 5,667 variation trees that have been requested for harvest in Regir since 1990, 4,470 were approved harvest — an 83 percent approval rat- ing. Whereas environmentalists have lambasted this approval rating as show- ing favoritism. private timber owners Page 8 / RESOURCE REVIEW / October 1994 Woncor receives no compensation for the millions of dollars lost to stream buffers and asks only that there be a direct public benefit to be gained from our loss, either in water quality or fish habitat. If there is no scientific benefit to be gained to the public, we should not be required to leave the trees. The government should have the burden of proof that harvesting trees will cause harm since they are taking private property for a public good. " Visitors view log transfer facility at McLeod Harbor on MontagueIsland. Koncorspentnearly six years permitting its Montague Island project. It will take the company about five years to log the project area, which represents a small fraction of the island. (Photos by C. Portman) argue the rating shows how carefully the variation trees are selected. Stur- geon explained that Koncor's high ap- proval rate is a direct result of the care and preparation that is taken before nominating any tree for harvest as a variation tree. The company begins by evaluating the sensitivity of the stream and if the harvest of individually -selected trees I can be done without causing harm to the site. The process includes a thor- ough evaluation of ten habitat compo- nents established under state law, plus any additional site -specific conditions that may affect the ability to harvest the variation trees. The evaluation is per- formed by Koncor foresters with col- lege degrees in forest management, as ! well as the company's environmental Koncor and its contractors spent over $7 million to build a 50-mile road from its log transfer facility at McLeod Harbor through its timber harvest area near Patton Bay. The road crosses 34 miles of Forest Service land that is off-limits to logging. As a condition of its permit, the company is required to "obliterate" the road and its river crossings when logging is completed The road provides access to prime recreation sites on Montague. (Photo by Carl Portman) John Sturgeon, President, Koncor Forest Products manager who has a doctorate in eco- system analysis. In areas with a high profile, Koncor will hire outside exper- tise in riparian interactions and fish habi- tat to provide additional insight into the short and long-term affects of harvest- ing timber. Only after such a careful analysis is any tree selected. Sturgeon said a high approval rate by the State agencies should be ex- pected from such a process. "While some may question the ap- proval rate by the State, the high per- centage shows how well all the private timber owners are doing in protecting water quality and stream habitat," said Sturgeon. 'We're only asking to har- vest privately -owned trees that will not hurt the public resources. "We have a deep respect for the forest and all its resources," Sturgeon said. "That is why we became foresters in the first place. Even as we leave trees to protect streams and rivers, we get a bum rap. However, we know that we are doing a good job on the lands that we manage, and, more importantly, so do the native owners of our company. The fish and the timber will be here long after this issue has faded." October 1994 / RESOURCE REVIEW / Page 9 Industry, State oppose Tongass proposal (Continued from page 5) dependent communities," Nordlinger said. "Planning has gone on all summer long behind closed doors." The EA proposes to create a series of large 40,000-acre and medium 10,000-acre habitat conservation ar- eas where timber harvest would be prohibited. In addition, the EA proposes to create no harvest zones of 221.5 square miles around each goshawk nest found south of Frederrick Sound Admiralty Island). Other goshawk pro- tection areas varyfrom 4,500 to 360,000 acres. The Forest Service believes the conservation areas are needed to mini- mize further fragmentation of wildlife habitat. It also says it has no choice but to draw up conservation zones, point- ing to the acceptance of the petitions by Fish and Wildlife Service to list the goshawk and wolf as threatened. The Alaska Department of Fish and Game, however, says no evidence exists that the goshawk qualifies for listing as either threatened or endan- gered, based on information it has gath- ered to date in an intensive study of the ecology and habitat of the bird. In addi- Timber industry and community leaders across Southeast Alaska are questioning whether there will be enough commercial forest land in the Tongass to sustain viable forest products industry. Over $450 million circulate throughout the region annually as a result of industry activity. Above. a workermarks lumberat Ketchikan Pulp Company's sawmill at Ward Cove. (Photo by Carl Portman) Deadline for comments on access regulations approaching The U.S. Department of the Inte- rior is accepting comments on new draft regulations applying to RS-2477 rights -of -way in Alaska and the Lower 48 states up to November 15." The proposed regulations appeared in the Federal Register August 1. Copies of the regulations may be obtained by contacting Tom Gorey at the BLM Public Affairs Office in Wash- ington at 202-208-5717. Comments should be mailed to U.S. Department of the Interior, Main Interior Building,1849 C Street, N.W., Room 5555, Washington, D.C.20240. RDC opposes the new regula- tions, as does the Alaska Miners As- sociation and the State of Alaska. tion, Fish and Game reports that wolf populations are not declining in South- east, increasing 40 to 60 percent since 1989. It has told Fish and Wildlife Ser- vice that wolves are currently abundant and well distributed in the region and face no imminent threat of extirpation. Meanwhile, environmentalists are complaining to the Forest Service that the proposal does not include the es- tablishment of wildlife migration corri- dors for animals moving from one area of the forest to another. The Forest Service, however, noted that fringes of timber required to be left as buffers around rivers, steams, beaches and estuaries could serve as migration routes. In a letter to Forest Service Chief Jack Ward Thomas, Governor Walterr J. Hickel said that the Forest Service's actions relating to the new conserva- tion zones are based not on science, but environmental politics. "The Forest Service's newest . strictions threaten to transform eco- nomically vibrant, culturally diverse ar- eas of Alaska into wilderness ghettos. rife with unemployment, poverty and despair," Hickel said. The Governor noted that the new restrictions will cut the available timber volume by almost 40 percent under that which is autho- rized under TLMP. In a recent news release, outgoing AFA Executive Director Troy Reinhart said "It is conceivable that we are exper- iencing a burgeoning population of gos- hawk in Southeast, for all we know. Yet every new nest found raises a cry for more protection." Respond now, before it's too late The deadline for commenting on the EA is Thursday, November 10. RDC has requested that the comment per: be extended. Comments should be s. to: Interim Guidelines EA, Forest Plan Revision Team, 8465 Old Dairy Road, Juneau. AK 99801. Page 10 / RESOURCE REVIEW / October 1994 Editor's Note: Charles F. Herbert served as President of RDC in 1981. He served as the Commissioner of Natural Resources under Governor Bill Egan and has worked as an operator and mining consultant in Alaska, Canada and Central and South America. It was over 13 years ago that I sort of wandered into a one-year term as president of the Resource Develop- ment Council. That sounds like a very long time, which it is. So I suppose I can use elapsed time as an acceptable ex- cuse for not doing a very good job of recalling specific events back in 1981. In a chair -moving routine, I had replaced as president, Tom Fink, our former two -term close -call loser in the Republican gubernatorial race. Tom had closed a very successful year as presi- dent, a year in which RDC membership had grown and many problems had been tackled, so I was a little surprised when he told me to look out or Execu- tive Director Paula Easley would "take over." Fact is, I had the idea that Paula was the RDC and had been all through the years during which the RDC had grown from a single issue group with the mystical name of OMAR to a lively, research -oriented organization with an increasingly authoritative voice on is- sues that affect resource use. Tom Fink's reputation as a man with rock -hard opinions, well -protected from dilution by opposing argument, was well known. So again I was more than a little surprised when Tom Fink donned the robe of Mayor of all Anchor- age and immediately installed Paula Easley in a senior staff position. To me that appointment seemed to be an en- dorsement of Paula's "take over" drive and the Resource Development Council. An organization that is solely de - Looking back 13 years lib! 1cll!, (! ial u1aL c;1 r rrr ry wCupu wuuiu accepr reasonawe answers and would have dismissed the wooly nonsense of no -growth. But the same issues and the same questions, continually embellished by fancy and immunized against fact, still remain targets of a stronger and better financed RDC. pendent on local contributions, as is the Resource Development Council, has a precarious life. Early during my term, a major financial supporter advised us that he found it difficult to assist the financing of many of the diverse re- source issues on the staff's as well as the meeting's agenda; he preferred specific support for those topics most likely to affect his business. Fortunately, the commonalty of resource interests argument won. In spite of the stupid screamers, oil production is recognized by all but the dim-witted as being by far the most important financial asset of all Alas- kans. State and local services, roads, railroads, airfields, docks, ferries and public safety, very largely financed by oil royalties and taxes, are the infra- structure that supports tourism, com- mercial fishing, mining and exploration, sport fishing and hunting and timber harvesting. Someday, the roles may be modified and other resource activities may become more prominent, but Alaska will always be a resource state. During 1981, although still some- what disturbed by the specter of finan- cial uncertainty, the Executive Commit- tee and Paula (meeting weekly in the comfortable quarters of the Laborers Union) managed to make progress in RDC's ability to furnish the staff with improved employment assurances and to build a modest cash reserve. The little old house at 7th and E was badly Octc crowded by staff and record storage, but better rental space would still be a long time coming. Nevertheless, both standing and special committees were active, meeting wherever they could. The enthusiasm with which volunteers offered their time, and not infrequently the cost of incidental expenses, was amazing. Among the memorable events of 1981 was the great RDC train ride with blaring bands and a huge, enthusiastic crowd on the trip from Anchorage to the newly -developed industrial park in Seward. As I recall, RDC defeated the Greenies in a softball game -- at least that is how I want to recall the event. And, in early 1982, the well -attended Coal Conference drew public attention to Alaska's other huge energy resource, its vast coal fields. Looking back 13 years, it seems that many issues and many questions were raised on topics where we were certain that discerning people would accept reasonable answers and would have dismissed the wooly nonsense of no -growth. But the same issues and the same questions, continually embel- lished by fancy and immunized against fact, still remain targets of a stronger and better financed Resource Devel- opment Council. I am glad that Paula Easley did "take over" -- and I'll bet that Tom Fink is too. Aber 1994 / RESOURCE REVIEW / Page 11 ET BEGUN, I \fir CI RI is an Anc se %�trk..,.,.:,: • d �ve Corporation � tlevelop . i n,�,- ; � estate and caerc"at'l broadcasting. Looking to the f whife preserving our pasta orporate headquarters 2525 "C" Street P.J. Box 93330, Anchorage, Alaska 99509-3330 (907) 274-8638 Resource Development Council 121 W. Fireweed, Suite 250 Anchorage, AK 99503 ADDRESS CORRECTION REQUESTED Mayor John Williams Manager City of Kenai 210 Fidalgo Ave., Suite 200 Kenai AK 99611 Bulk Rate U.S. Postage PAID Anchorage, AK Permit No. 377 Page 12 / RESOURCE REVIEW / October 1994 Alaska Maritime Refuge.................................. WHITE HOUSE CONFERENCE AVA Travel Auction ............. ON SMALL BUSINESS COMES Employee TO ALASKA of the Month ......................... Small business men and women from around the state are encouraged to Free Movie Day ................... participate in the White House Conference on Small Business to help identify small businesses' needs and concerns. The conference is KPTMC News ...................... scheduled for November 16, 1994 from 8:30 a.m. to 4:00 p.m. at the Hotel Captain Cook in Anchorage. "This is an opportunity for anyone Students in the small business community to have a voice in future government of the Month ........................ policy and to deliver a strong message to the White House and Congress," said U.S. Small Business Administration (SBA) District Director Frank Cox. The objective of the Alaska conference, one of 59 state conferences across In last month's Newsletter, we the country, is to identify significant small business issues and develop featured an article in which recommendations for government action. Conferees will also elect members who contributed to delegates to the National White House Conference on Small Business our Volunteer Appreciation scheduled for June 1995 in Washington, D.C. Alaska will send fourteen Open House were thanked for delegates to the National Conference, ten to be elected at the State their donations. Two Conference, and four to be appointed (one each by the members of the members were inadvertently Congressional Delegation, and one by the Governor). left off the list, and we would like to take this opportunity to SBA's Alaska Director Frank Cox noted the effectiveness of the past express our appreciation (and conferences in 1980 and 1986. "Over half of the recommendations of apologies) to Alaska past conferences eventually became law. This conference represents an Mountain View Cabins and extraordinary opportunity for our state's small business community to Larry Waltrip's Kenai River help set the agenda for small business as we approach the 2l st Century," Fishing Charters for their Cox said. Registration forms are available at the Chamber office for support and contributions to ! anyone wishing to attend this conference. For more information, call this program. the Alaska SBA office at 271-4022. +THANK YOU FOR YOUR CONTINUED SUPPORT+ THE FOLLOWING MEMBERS RENEWED THEIR MEMBERSHIP DURING THE MONTH OF OCTOBER Alaska Coastal Marine Service Co. KSRM/WHQ Alaska Paper Company, Inc. Lancaster Enterprises Cashman's Lodging Mykd's Restaurant-Soldotna Inn Copy Shop Ninikhlk Fair Assodation Crooked Creek Bed & Breakfast Petrolane/AmeriGas Division of Vocational / Ron'sAlaska Lodge Rehabilitation-SOA Soldotna Country Liquor Doors/Windows Unlimited, Inc Sports Den, The Eagles Nest Bed'N Breakfast Stein, George ERA Aviation TCC Cabinets Fish N Eye Charters Through The Seasons Haas, Cliff Unocal Chemicals Division Joseph L. Kashi, Attorney at Law VFW Post it 10046 Kenai Peninsula Boys -Girls Club Wackier, Joe STUDENTS OF THE MONTH RECOGNIZED The September and October Students of the Month were recognized at the October 4th and October 18th luncheon meetings. September Students of the Month were Aubrey Robinson from Skyview High School; Temperance Tinker from Soldotna Middle School; and Ben Murray from Soldoma. High School. The October Students of the Month were Heidi Gagnon representing Soldoma Middle School; Ryan Wise for Soldotna High School; and Susitna Wilkerson for Skyview High School. The students were provided with lunch (sponsored by City Mortgage Corporation), given an opportunity to address the audience and presented with a Certificate of Award. Congratulations to these fine students! r''O MOVE, OR NOT TO MOVE nai Peninsula Women's Caucus will present a forum on ital Move Initiative on November 2nd, at 7:00 p.m. in )ugh Assembly Chambers. If you have an opinion (pro n) on this issue, or would like to hear more about the subject, the public is invited to attend. FREE MOVIE DAY PROMOTION The Soldoma Chamber's Merchants Committee will hold three Free Movie Days as part of their holiday shopping promotion. The free movies have been scheduled for October 29th, November 19th and December 17th at the Orca Theater/K-Beach Cinemas. The purpose of this promotion is to treat area youth to an afternoon activity, while parents are provided with some "uninterrupted" shopping time. We would like to thank those Chamber members who purchased sponsorship packages to enable this program to be held: Desktop Designs; Sears; Sweeney's Clothing; Peninsula Clarion; Nancy A. Twidwell Insurance; Nicki Eshleman/Frontier Alaska Credit Union; Blazy's Rentals; VFW Post 10046 and the Military Order of Cooties; 1st National Bank of Anchorage; G.C.I.; Mykel's Restaurant; Soldotna Florist; Cal Worthington Ford; Ridgeway Chevron; Dispatch News -Gray Publishing; and National Bank of Alaska. Free movie passes are available at these sponsor locations beginning the Wednesday prior to the movie date. KPTMC NEWS BRIEF ALASKA MARITIME REFUGE The Kenai Peninsula Tourism Marketing Council held The Alaska Maritime National Wildlife Refuge (Alaska their Annual Meeting and Awards Banquet on October Maritime Refuge) is proposing to construct a permanent 14th and 15th in Seward. Delegates participated in headquarters complex with facilities for administration, educational seminars and roundtable discussions, were > support and public education in Homer. provided with an overview of the Alaska visitor industry by Lee Hams with the McDowell Group and given an The Alaska Maritime Refuge manages 3.55 million acres update on KPTMC operations by the organizations of remote islands and headlands located throughout Executive Director Dave Karp. 33,000 miles of coastal Alaska. This is the largest seabird refuge and one of the eight largest refuges in the United Serving on the KPTMC Board of Directors for 1994-95 States. A staff of up to 48 employees and volunteers, the are: Chairperson Celeste Fenger (City of Homer), Vice- ' 121-foot refuge support vessel and all refuge support Chair Barbara Kagerer (Kenai Fjords Tours), Secretary/ ;' equipment would be based out of this facility. As the Treasurer Dan Michels (Kenai Princess Lodge), Past largest seabird refuge in North America, it is the refuge's Chair Cathy Clark (Soldotna Chamber of Commerce), responsibility to contribute to public understanding and Karan Dersham (Detsham's Outlook Lodge), Lura Ann appreciation of seabirds and their role in the ecosystem. Kingsford (Scenic Mountain Air), Tim Kirschbaum (Phillips Cruises & Tours), Denise Lattery (Alyeska A Public Meeting will be held on November 10, 1994 Resort), Phil Moms (Homer Ferry Office), Marion beginning at 7:00 p.m. in the Borough Building to address Nelson (Kenai Merit Inn), Marilyn Reynolds (Seward and seek comment on the Environmental Assessment Polar Bear Festival), Joe Soares (Halibut King Charters), recently prepared by the U.S. Dept. of the Interior. and Vicky Steik (Ninilchik Chamber of Commerce). A copy of the report is available at the Chamber office The 1995 Kenai Peninsula Travel Planner is now available for review, or you may contact the Kenai Peninsula fordistribution. For more information about the KPTMC, Borough Economic Development District at 283-3335 or to receive a copy of the Planner, please call 283-3850. for more information. ..................... AVA OFFERS ADDITIONAL EXPOSURE FOR TRAVEL AUCTION DONORS The Alaska Visitors Association's ninth annual Travel Auction "The Great Escape", is slated for January 21, 1995 at the Hotel Captain Cook. As in the past, individual companies donating products or services worth $2,000 or more will be eligible for a 20 second vignette to air at the time their item is being auctioned. This year, AVA is also offering extra exposure for complete travel packages combining products or services from different companies totaling $2,000 or more. Act quickly, exposure opportunities are limited and will be allocated on a first come, first served basis. For more information contact Vicki Minkemann at 561-5733. DOVE SELECTED EMPLOYEE OF THE MONTH Beverley Dove, a secretary for the Kenai Peninsula Borough, was selected as the October Employee of the Month. Beverley was treated to lunch and presented with a Certificate of Award by Borough Clerk, Gaye Vaughan. Gaye noted that Beverley is an outstanding "front-line" representative for the Clerk's office. She goes the extra mile in researching for the public and staff. Even when dealing with unhappy customers, she always has a smile on her face. Congratulations Beverley - Keep up the good work! November 01 *November 02 November 08 November 15 November 22 November 29 NOVEMBER CHAMBER LUNCHEON CALENDAR TUESDAY @ NOON, TIDES INN No Luncheon Scheduled Tony Smith (Joint Mtg. to be held in Kenai) Sue Rhodda, Therapeutic Massage Vern McCorkle, Alaska Business Monthly Laurie Herman, Economic Impact of the Visitor Industry Jane Stein, "Baby Think It Over Program" * Meeting to be held Wednesday in Kenai at the Merit Inn, 12:00pm C3reaterSolc%tna Chamber of Commerce PO BoX 236 SoUvtna, AK 99669 City of Kenai/John Williams 210 Fidalgo AK 99611 Kenai BULK RATE U.S. Postage PAID Permit No 5 Soldotna, AK 99669 YOUR CHAMBER NEWSLETTER IS PRINTED ON RECYCLED PAPER 1 1994 BOARD OF DIRECTORS President Ken Lancaster Jr ................... Vice President Kurt Eriksson ........................ Secretaryfrreasurer Ginger Steffy ......................... Past President John Torgerson...................... Sharon Baldwin .................... Joyce Bocksnick................... Richard Brown ...................... Roger Byerly......................... Cheryle James ....................... Nick Nelson .......................... Bob Sizemore ....................... Mike Sweeney ...................... Lancaster Enterprises ................... 262-4591 National Bank of Alaska .............. 262-4435 Kenai Peninsula College .............. 262-5801 Electrotek/Radio Shack ................ 262-6192 City of Soldotna........................... 262-9107 Travel Connection ........................ 262-2530 Soldotna Historical Society.......... 262-9322 Angler's Lodge & Fish Camp...... 262-1747 Individual Nelson Enterprises ....................... 262-2798 City Mortgage Corporation......... 262-8762 Sweeney's Clothing ...................... 262-5916 Executive Director Cathy M. Clark ..................... Soldotna Chamber........................ 262-9814 Office Assistant Susan Hensler -Watson Fax..... 262-3566 Bookkeeper Loretta M. 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V r 0 it m m fm e m m a m N a. O V a w E„ ~ CIO 0 m e w O V<� > Op� CZ mW�' O W e > Vj >+ • W W W .< w 9 ,• a.0. a• Q<�7• �OU• Z>°S� osw CC5 * Ow .axmi 7.W.c=j�o!„m 7�oG• ''y mix m q wmW 0 WZw° Wr4x WMCm��0 mzra ^ OC 0.54 U G' ty� wF �iQ�lmZ> �n< 4 Z yG S O F > U U U U p U • W e 3 e woo WU 8 w U �! r E w<• 2 e F G �goo Op Z N N } O. .� S ��" S �' S �� :8�'• a • Q NpGJ=w . pU5 pU=Y. ou-2• OC P �v.. �v.. yam. yv., a • Kenai Peninsula Borough School District Vocational Advisory Committee 148 N. Binkley Street Soldotna, AK 99669 Telephone (907) 262-5846, Fax (907) 262-1374 September 27, 1994 RE: OUR ROLE IN PRACTICAL EDUCATION A large problem today in education is that kids graduate and are not prepared for the real world of work. Education is hearing from industry that we are not preparing high school graduates with practical skills. Efforts are being made through Tech Prep, but we are rediscovering a successful program that has been ignored for decades - Vocational Student Organizations (VSO's). Vocational Student Organizations were designed to be an integral part of vocational education. Familiar VSO's are the Business Professionals of America (BPA), the Future Homemakers of America (FHA), the Future Farmers of America (FFA), the Vocational Industrial Clubs of America), and the Distributive Education Clubs of America (DECA). VSO's bring to life the theory of the classroom. These clubs are integrated into the classroom, and from there students learn and experience leadership skills, careers, and community service. Students are encouraged to apply knowledge and skills in a real work setting by developing an entrepreneurial project, making public presentations, and by doing community service to give them practical experience and a head start in life. We need industry and business support so that more time can be devoted to the club curriculum, activities, and community service. We need your help in a joint venture with others to sponsor our student organizations by contributing to a VSO fund which supports the students activities. A VSO fund of approximately $15,000 per year would service all of the peninsula's VSO's. Funds would be administered by a board, consisting mainly of business and industry donors, who will hear and evaluate requests make by the individual clubs. This will enhance club activities which will provide industry and business a better prepared workforce. Our committee, consisting of business, industry, education , and community representatives, would like to meet with you at your convenience to explain further benefits, answer questions and receive your input for this valuable program. Call Natalie at 262-5846, ext. 268 for further information. Your strong direction in this area will support the school district in meeting practical education needs. Sincerely, Vocational Advisory Committee Kenai Peninsula Borough School District ..................... Peninsula Clarion and Alaska Junior Miss, Inc. proudly presents The Twelfth Annual Holiday Extravanganza "JAZZED, BLUED, AND LASSO'Drr SA T URDA Y, NO V EMBER 19, 1994 PENINSULA CENTER MALL DOORS OPEN AT 9:00 SHOW BEGINS AT 9:30 *TICKETS ON SALE AT TOONZ IN SOLDOTNA AND SIGNATURES IN KENAI $25.00 SINGLE $45.00 FOR TWO * NO HOST BAR * REFRESI'MNETS * DOOR PRIZES *RAFFLES * DANCING TO " SOUTHERN COMFORT" THIS IS AN ADULTS ONLY PRODUCTION e • ••• e•• wee• eee•eee••••e•c�ee• eee� GREEN 1/*/k GreenStarGazette Newsletter of the Central Peninsula Gresn Star Program Joel A. Kopp, Editor Issue 1.1 402 Overland Ave. Kenai. AK 99611 907-283-8771 Fax 283-7183 Was Look Who's Joined Green Star! • Alaska Anvil • Central Pen. General Hospital • Cook Inlet Spill Prevention • Computers Plus • Economic Development District • Healthful Living Products • Kenai Chamber of Commerce • Kenai City Hall • Kenai PeninsulaBoroughBuilding • Kenai Peninsula College • Kenai Peninsula Food Bank • Kenai Public Works • Kenai Senior Citizens Center • Kenai Sewer Treatment Plant • Marathon Oil Company • National Bank of Alaska. Kenai • National Bank of Alaska. Soldoma • Peninsula Sanitation • Phillips Petroleum* • PTI Communications • Soldoma Chamber of Commerce • Soldoma City Hall • Tesoro • The Travel Place • Toner Resource *our fast Green Star Award winner! 25 Attend Successful Workshop Twenty-five businesspeople representing 20 central peninsula organizations attended Central Peninsula Green Stays fast workshop Friday, September 23 at the Kenai Peninsula College. The workshop featured seminars on recycling, conducting a waste reduction assessment. implementing the Green Star Program and purdmng recycled products in our area "I thought this workshop was thought-out and effective," said one attendecafmr the workshop, which also included a catered lunch. Another remarked: "This (program) is a great incentive for all businesses. Through Green Star our company can show the community that we care about our environment." The workshop was designed to assist businesses who are enrolled in the program team how to implement the Gran Star Standards at their organization. but it also gave businesses who weren't enrolled a chance to see what the program was all abort._ "We wanted to make the workshop useful for both Green Star members and non- members, and judging by the response we got, we were successful in doing that.° said Joel Kopp, program coordinator for Central Peninsula Green Star. "Those companies that were enrolled said they learned more about the program and we garnered some new enrollees through the workshop as well." Those who missed the workshop will be happy to know that other workshops with varying topics will be held at least quarterly, putting the next workshop somaime in December or Januuary. "The workshops are really a must for anyone interested in Green S tar." Kopp said. "so well try to keep everyone informed of when they'll be happening, through announce- ments at chamber luncheons. through flyers and of course through this newsletter." Information on this workshop as well as information about all aspects of the Green Star program is available by calling or writing Central Peninsula Green Star. Also in this issue How to Conduct a Waste Reduction Assessment ...... ...—. 2 It's the founda#on the rest of your program is built on GreenStar Over Alaska .....» ............. ............ ............. ......»...2 The state-wide Green Star Workshop you shouldn't miss GreenStaes Timely Tips ................................................. .2: Two little ways to make a big difference at your business: What is The Central Peninsula Green Star program is a chaptex of the nationally chttro�ed _ _ Green Star program started in 1990 by the Anchorage C bmn of CommcmrSeveral Central other c haptiers are currently operating in Alaska and Lower 48 communities. Cc=1 Peninsula Gran Star is operated by the North Peninsula. Kenai and Soldotas=_ Peninsula' chambers of Commerce, and operates out of the Kenai Chamber offices. The program m ft workplace and G reem- Star?-� p promotes bm` mlly ande W e Special Thanks To our Founding sponsors: ;x KSRM Radio, Kenai Peninsula Borough, Marathon Oil, Peninsula Sanitation and PT1 Cotnmunkmdons_ »txs thatuse those utilities: computers, tributor of 300 products made from re. Conducting ''Wier , lightsandlamps, HVAC equip- cycled materials. ment. etc. Also, identify the elements Your Waste and processes thatuse the materials that come into your facility. Reduction Assessment A waste reduction assessment is just what it's name implies: an audit of the waste your facility currently produces. Your annual waste reduction assessment is in many ways what much of your Green Star effort will focus on. This is because your waste reduction assess- ment (WRA) identifies the inefficient areas in your organization. Itlooks atthe types of waste you are producing, help- ing you identify ways to either reduce, reuse, recycle, orelimimtethatwasteat its source. It's importance is reflected in the fact that it is one of the mandatory standards of the Green Star program. The first thing to consider is whether you want your WRA conducted by a professional or whether it will be done internally. The advantages of a profes- sional WRA are obvious: a highly de- tailed, accurate, impartial. and profes- sional accounting of all the waste your facility produces. A WRA can be a de- manding task, and hiring a pro lifts this burden from off your shoulders. A pro- fessional audit would equip you with highly useful information which you could then use to make effective changes. The disadvantage is just as obvious: expense. The costofaprofessional WRA could strain a small business's budget, although the information it provides could eventally pay for itself. For an effective do-it-yourself WRA, a small group of employees (3 or 4) to- gether is better than one person trying to accomplish the task alone. The goal of a WRA is to identify and measure every- thing tbatcomes into your brility as raw inputs (electricity, gas, other utilities, officesupplies,materialsyourc ompany uses to do its job) as well as everthing that leaves your facility as waste. Mea- sure the amount of garbage you - -in an average day or week. Determine what kinds of materials are in that trash. Measure how much electricity, gas and other utilities you use in a given period of time. Document the kinds of appli- Once you have this information docu- mented, you're done with your waste reduction assessment You should now be able to see areas of inefficiency. This may be in area as simple as lights and equipment that can be turned off when not in use. Or it may be that the very processes by which you conduct your business are inefficient. In any case, you have now documented your facility's waste and this information will help you see areas to which other Green Star Standards can be applied. The reason it's calledan aMMlwaste reduction assess- ment is that this process should ideally be repeated once a year so that more improvements can be made and your efficiency can be fine tuned. One of the best resources to assist you through the WRA process is the DEC's Pollution Prevention Office in Anchor- age. They have materials and informa- tion that can help you perform a success- ful waste reduction assessment and can be reached at 563-6529. Green Star Over Alaska Attention Alaska businesses and orga- nizations: would you like to conserve energy, reduce waste and save money? Then you won't want to miss the Green Star Over Alaska conference Wednes- day and Thursday, October 19 and M. at the Anchorage Hilton. The Anchorage Gran S tar Pro gram will host Green Stu Over Alaska: How to Reduce Waste, PreventPollution,and Enhanex Your Bottom Line. The con- ference will explore environmental and economic strategies for our state. State- wide attendance is expected. National speakers will be Michael Brown, dim= of environmental pm - gram worldwide for Patagonia, the suc- cessful outdoor clothing company; Chuck Clarke, regional administrator for the U.S. Environmental Protection Agen y,andMaryhrrmCEOofAmsz- ing Recycled-Piducts, a Asumai dis- The fast day will include a panel of businesses and organizations that have achieved their Greens tar awards. They'll share information Bout the Green Star Program and their e- eriences inachiev- ing the award. Anc . ier panel will dis- cuss programs the shout Alaska that also have been s, :ssful in reducing waste:, recycling, a preventing pollu- tion.Thteafternoc- willfesWrepractical interactive wor..;•hops: t:,reen Means Suacessso Redir- -_ Reuse__ RethinL— Re. =Y ing Here_ -sere and Everywhere• Evetythino You WantedTeKnow About aculad= But Were Afraid To Asir P oducm Ynn Can BLv_ Day Two is ammmed at communities, busi- nesses and organizations interested in starting their own Green Star Program. It will feature special planning sessions and site visits to successful Ancbomge Green Star businesses and schools. For more information, or to register for the conference, call the Anchorage Chamber of Commerce at 272-2401. Registration is just $50! timely tips If you Want to a.)save money, b.) reduce pollution. c.)avoid scraping your car windows every winter morning, d.) ride in a warm car to work, or e.) get to know your co-workers a little better. consider carpooling. When everyone drives to work, it adds to the amount of pollution produced in the form of eahaust..used tires and worn-out cars, and kadds to the expense of having to fuel, oil ad main - tun those cars. If just two peopieriding together to work could substamihIIy put their costs and pollution, imagioe> what several people riding tog utlddol Consider starting a car pool this weeds. This h the time of year vA m.sdot of companies and individuals are oedexing their Christmas cards. Mahon sum you order yours on recycled paper - there's no daaease in quality and it wiRmake a world of difference! �2 MEMORANDUM C oU NG ! c d Date: November 16, 1994 Uf To: Keith Kornelis, Public Works Director From: Rachel Clark, Engineering Technician ec-11 Subject: Safety Plan Update I have received the disks for the "Health and Safety Risk Management Plan" and downloaded them. I was actually impressed with the amount and accuracy of information they provide. We have not yet received the hard copy books that go with the disks. I have organized the Safety Plan into eighteen different chapters. So far, I have very rough drafts of each of the eighteen chapters, and have readable copies of the first nine. Jack has reviewed the first six. After he has finished with all eighteen, I will print a final draft copy and distribute it to the department heads for review. I expect this to be sometime in December. Then, I will go through the final copy and try to come up with a list of all of the items we still need, and a training schedule. The OSHA voluntary inspection should help to clarify any nebulous areas. Please remember, we still need a lot of training, some equipment, and a person to implement the plan. MEMORANDUM TO: Tom Manninen, City Manager Carol Freas, City Clerk Sue Carter, KBV&CC Cary Graves, City Attorney Charles A. Brown, City Finance Director Dan Morris, Police Chief Dave Burnett, Fire Chief Kayo McGillvray, Parks & Rec. Director Randy Ernst, Airport Manager Pat Porter, Senior Citizens Director Emily DeForest, Library Director Public Works: Bill Godek, Jack La Shot, Dave Reetz, Mark Johansen, Bob Springer, Swede Freden, Dan Young, and Gerry Allen FROM: Keith Kornelis, Public Works Director DATE: November 17, 1994 SUBJECT: OSHA Safety Consultation Inspection FOR: City Council meeting of 11/23/94 - Information Mr. Bob Carrier from OSHA, will be performing an OSHA consultation inspection for the City of Kenai. The city council approved this OSHA consultation inspection at their meeting of November 2, 1994. The first day of this inspection will be January 10, 1995 and it may take the rest of the week to complete it. I am assigning Rachel Clark of Public Works to accompany Mr. Carrier throughout the city. She will be contacting you with the day and the time when they will be going through your facility. Mr. Carrier is requesting the department head plus an employee representative from that department accompany him in his inspection. Rachel will tag along and take notes but it might be good to also take notes yourself. This is especially true if Mr. Carrier finds something he feels should be immediately taken care of. There are three parts to Mr. Carrier's inspection. 1. There is to be an Opening Conference that will include the city administration and all department heads. This is tentatively set for Tuesday, January 10, 1994, in the City Council Chambers. Rachel will confirm this date and let you know the time later. 2. Mr. Carrier will Review each departments program and how effective the program is. He will also do a facility inspection. Page 2 November 17, 1994 OSSA Safety Consultation 3. Then, there will be a Closing Conference to be attended by city administration and department heads. Mr. Carrier will give an overview of his findings and a summary of items he found. Mr. Carrier's inspection is a consultation visit. His department of OSHA does not work with the enforcement part of OSHA. He said it is against the law for enforcement to even look at consultation notes or records. If Mr. Carrier has a list of items for the city to do and we are doing them, enforcement cannot site us for these items. (This is if by some remote chance enforcement even does an inspection while we are making the corrections.) The goal is to provide the most safe and healthy working environment for our city employees. Mr. Bob Carrier is going to help us see if there is anything else we can do to improve the city's health and safety program and facilities. Please send Rachel a copy of any written health and safety procedures, rules, or regulations from your department. Rachel needs this information right away so she can organize it before sending it to Mr. Carrier the first week of December. Please feel free to contact Rachel or me for any further information. KK/kw cc: Rachel Clark, Engineering Technician Bob Carrier, OSHA Consultation CITY OF KENOat 1" 4 & 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 �Fb.elual 1992 November 18, 1994 Tesoro PO Box 3369 Kenai, AK 99611 Subject: Water Wells The City Manager has requested that I contact your firm for information concerning your water wells. The City of Kenai is investigating different alternatives to improving our municipal water - both in quantity and quality. Please send us any information you might have concerning your water wells. This would include depth of well, well logs, production flow rates, draw down, quality test analysis, and anything else that might be helpful. We would sure appreciate your help. Sincerely, Keith Kornelis Public Works Director KK/kw cc: Council Information 11/23/94 APPLICATION FOR CONTRACT PAYMENT NO. 4 PROJECT: TO (OWNER): Page Thompson Park Sewage Collection & Water Distribution improvers FROM (CONTRACTOR): ARCHITECT/ENGINEER: io/l9� CITY OF KENAI 210 Fidalgo Kenai, Alaska 99611Foso P� Boxter 303 Construction '� � Pew 1�otks DeD4 Soldotna, Alaska 99669 FOR CUUMUL MLETIN6 OF / 0 City Mgr. —� AttormY Mike Tauriainen, P.E., Consulting ' ' ,Inc. Public works —p city clerk 35186 Kenai Spur Highway Finance ---� Soldotna, Alaska 99669 OrNinal To P- Submitted By—�—/ ;ouncii OK []NO QYes Ck— APPROVED BY COUNCIL PERIOD FROM August 26, 1994 TO October 1, 1994 Date City Clerk ADJUSTED CONTRACT AMOUNT TO DATE''' PAY REQUEST FOR 'CITY 'USE 1. Original Contract Amount $1,553,777.00 2. Net Change by Change Orders 29,640.38 3. New Contract Amount to Date $1,583,417.38 WORK COMPLETED 4. Total Completed and Stored $1,540,691.73 5. Less Retainage of 2 Percent / $30,813.83 6. Total Earned Less Retainage $1,509,877.90, 7. Less Amounts of Previous Payments $1,267,783.17 8. Balance Due This Payment $242,094.73 ` DISTRIBUTION OF EXECUTED PAY ESTIMATE OWNER ENGINEER CONTRACTOR APPLICATION FOR CONTRACT PAYMENT NO. 4 Page 2 of 7 PROJECT: Thompson Park Sewage Collection & Water Distribution Improvements CERTIFICATION BY CONTRACTOR According to the best of my knowledge and belief, I certify that all items and amounts shown on the face of this Application for Contract Payment are correct; that all work has been performed and/or material supplied in full accordance with the requirements of the referenced Contract documents, and/or duly authorized deviations, substitutions, alterations, and/or additions; that the foregoing is a true and correct statement of the contract account up to and including the last day of the period covered by this Contract Payment, that no part of the "Balance Due This Payment" has been received, and that the undersigtaed�:Pdd, �hhl subcontractors have complied with all the labor provisions of said contract. - FoS-r-t[Z C,,-By r' .77 iVov 1-7 (Contractor) Title (Contractor) (Signatu(e of Authorized Rep.) , ��-iZTNt1Z State of: County of: Subscribed and Morn to f e e this 1 n day of Notary Public: ` My Commission Expires: CERTIFICATION BY ARCHITECT OR ENGINEER I certify that I have checked and verified the above and foregoing Contract Payment; that to the best of my knowledge and belief it is a true and correct statement of work performed and/or material supplied by the contractor; that all work and/or material included in this Payment has been inspected by me and/or by my duly authorized representative and that it has been performed and/or supplied in full accordance with requirement! of the referenced contract documents; and that payment claimed and requested by the contractor is correctly computed on asis of w r performed and/or material supplied to date. $242,094.73 AMOUNT CERTIFIED AS QUE: $ Signed Date % 7 Nc�y 94 ( r Engineer) State of: County of: %�l�i /-�c�r�• / r`U{;�� Subscribed and sworn to before me this day of /,%^;. �,�`,/'+v - , 19 Notary Public: ��� l - " ,y? �i� ^✓ L f� ,-� My Commission Expires: G44 74 5; OTHERAPPROVAL: Signed Date OWNER APPROVAL Based on the above certification of the contractor and Architect or Engineer, the City of Kenai, with the Kenai City Council concurrance, authorize payment. Signed Date