HomeMy WebLinkAbout2000-12-06 Council PacketKenai
City Council
Meet ing Packet
December 6,
2000
AGENDA
KENAI CITY COUNCIL- REGULAR MEL~ING
DECEMBER 6, 2000
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
http' //www.ci.kenai.ak.us
ITEM A:
,
CALL TO ORDER
1. Pledge of Allegiance
2. Roll Call
3. Agenda Approval
4. Consent Agenda
*Ail 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 nomad
sequence on the agenda as part of the General Orders.
ITEM B:
SCtTEDULED PUBLIC COMMENTS (10 minutes)
ITEM C:
, ..
.
PUBLIC HEARINGS
Ordinance No. 1884-2000--Amending KMC 14.20.321 Requiring
Inspection of Buildings Prior to Issuance of a Bed and Breakfast
Conditional Use Permit and Requiring Inspections Every Other Year
Thereafter.
Remove from table.
Consideration of ordinance.
Substitute Ordinance No. 1884-2000 -- Amending KMC
14.20.321 Requiting Inspection of Buildings Prior to Issuance of a
Bed and Breakfast Conditional Use Permit and Requiting
Inspections Every Other Year Thereafter.
.
Ordinance No. 1885-2000 -- Requiring: (1) Home Occupation Day Care
Facilities to be Inspected for Compliance with the Fire Code Prior to
Issuance of a Permit and Every Other Year Thereafter; and (2) Other
Home Occupations to be Inspected for Fire Code Compliance Prior to
Issuance of a Permit if Deemed Necessary by the Fire Marshal.
Remove from table.
Consideration of ordinance.
Substitute Ordinance No. 1885-2000 -- Requiring: (1) Home
Occupation Day Care Facilities to be Inspected for Compliance
with the Fire Code Prior to Issuance of a Permit and Every Other
Year Thereafter; and (2) Other Home Occupations to be Inspected
for Fire Code Compliance Prior to Issuance of a Permit if Deemed
Necessary by the Fire Marshal.
3~
,
,
.
ITEM D:
,
5.
6.
7.
8.
ITEM E:
,
ITEM F:
ITEM G:
,
,
ITEM H:
Ordinance No. 1889-2000 -- Increasing Estimated Revenue and
Appropriations by $2,300 in the Senior Citizen Tire III Grant Fund for a
Grant From the State of Alaska.
Resolution No. 2000-68 -- Transferring $10,000 in the Water and Sewer
Special Revenue Fund for the Geographic Information System (GIS)
Mapping Project.
Resolution No. 2000-69 -- Awarding the Bid to Seekins Ford for an
Emergency Squad Fire Apparatus for the Total Amount of $148,142 and
Authorizing Use of the Equipment Replacement Fund for the Purchase.
Resolution No. 2000-70-- Urging the Kenai Peninsula Borough
Assembly's Passage of Their Ordinance No. 2000-59, Authorizing the
Borough to Negotiate an Agreement with the State to Operate a Prison
Facility and to Publicly Solicit Bids or Proposals for the Land, Design,
Construction, and Operation of an 800 to 1,000-Bed Medium-Security
Prison Facility to be Financed with Municipal Revenue Bonds.
COMMISSION/COM~~EE REPORTS
COuncil on Aging
Airport Commission
Harbor Commission
Library Corn_mission
Parks & Recreation Commission
Planning & Zoning Commission
Kenai Historic Commission
Miscellaneous Commissions and Committees
a. Beautification Committee
b. Kenai Convention & Visitors Bureau Board
c. Alaska Municipal League Report
MINUTES
*Regular Meeting of November 15, 2000.
CORRF~PO~ENCE
OLD BUSINESS
Discussion -- City Economic Forum
Discussion -- Proposed Kenai Peninsula Borough Negotiated Land
Exchange/Herman & Irene Fandel, Applicants.
NEW BUSINESS
,
Bills to be Paid, Bills to be Ratified
e
Purchase Orders Exceeding $2,500
,
*Ordinance No. 1890-2000 -- Increasing Estimated Revenues and
Appropriations by $3,000 for a Volunteer Fire Assistance Grant From the
State of Alaska.
.
*Ordinance No. 1891-2000 -- Increasing Estimated Revenues and
appropriations by $7,946 in the General Fund for Library Computer
Equipment.
Se
*Ordinance No. 1892-2000 -- Amending KMC 14.05.010 and 14.05.105
to Assigning the Duties of Historic Preservation to the Kenai Planning
and Zoning Commission.
,
Approval -- Assignments of Shore Fishery Leases -- Tracts A & B, City of
Kenai Shore Fishery No. 1/From Thad A. Carlson and Kendall H.
Crookston to Ted J. Crookston.
,
Approval -- Special Use Permit/ERA Helicopter, Inc. -- Hehcopter
Parking.
ITEM I:
,
ADMINISTRATION REPORTS
1. Mayor
2. City Manager
3. Attorney
4. City Clerk
5. Finance Director
6. Public Works Managers
7. Airport Manager
ITEM J:
DISCUSSION
1. Citizens (five minutes)
2. Council
EXECUTIVE SESSION- None Scheduled
ITEM K:
ADJOURNMENT
MAYOR'S REPORT
DECEMBER 6, 2000
REGULAR COUNCIL MEETING
CHANGES TO THE AGENDA
REOUESTED
BY:
REPLACE:
REPLACE:
C-l, Ordinance No. 1884-2000 (the original version of Ordinance
No. 1884-2000 as introduced was inadvertently omitted from
the packet)
C-2, Ordinance No. 1885-2000 (the original version of Ordinance
No. 1885-2000 as introduced was inadvertently omitted from
the packet)
CLERK
CLERK
CONSENT AGENDA
No changes.
MAYOR'S REPORT
Challenger Mission with members of Borough Assembly?
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Suggested by: Administration
CITY OF KENAI
ORDINANCE NO. 1884-2000
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
KMC 14.20.321 REQUIENG INSPECTION OF BUILDINGS PRIOR TO ISSUANCE OF A
BED AND BREA~AST CONDITIONAL USE PERMIT AND REQUI~NG BIANNUAL
INSPECTIONS THEREAFTER.
Whereas, applications for conditional use permits for bed and breakfast
establishments currently do not have to be inspected by the Fire Marshal for fire code
compliance prior to issuance of the permit; and
Whereas, such facilities should be inspected prior to issuance of a conditional use
permit; and
Whereas, such facilities should be subject to on-going bi-annual inspections to ensure
compliance with the fire code.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that KMC 14.20.321 is amended by adding the following section:
14.20.321 Bed and breakfast establishments.
(a) Intent: It is the intent of this chapter to permit bed and breakfast
establishments by conditional use which is compatible with other
permitted uses, with the residential character of a neighborhood, and
which is clearly secondary or incidental to the residential use of the mare
building.
(b) Provided that these establishments shall be owner-operated, not
more than one person outside the family shall be employed in the bed
and breakfast; rent out no more than thirty percent (30%) of the total
floor area; have adequate off-street parking for owner and all guests; and
shall meet all other requirements as set forth by the Planning and Zoning
Commission at the time of public hearing.
(c) The bed and breakfast establishment must meet all area, height, and
setback requirements of the zones in which they are allowed according to
the Land Use Table.
[dl Fire code inspections:
Buildings which are the subiect of a bed aud breakfast permit
av~)lication shall be inspected by the Fire Ma_rsha_l for compliance with
the fire code [KMC 8.05 prior to the approval of the conditional use
permit. Thereafter, they shall be inspected biaunual!y by the City Fire
Marshal. Failure to comply with the fire code (KMC 8.05) shall be
grounds for the suspension or revocation of the condi_tiona_~ use permit.
Ordinance No. 1884-2000
Page 2 of 2
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this
December 2000.
day of
ATTEST:
John J. Williams, Mayor
Carol L. Freas, City Clerk
Introduced:
Adopted:
Effective:
October 19, 2000
December 6, 2000
January 6,2001
CITY OF KENAI
PLANNING & ZONING COMMISSION
PZ00-36
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI, ALASKA, RECOMMENDING THAT KMC 14.20.321 BE AMENDED TO
REQUIRE INSPECTION OF BUILDINGS FOR COMPLIANCE WITH TI-~ FIRE CODE
PRIOR TO ISSUANCE OF A BED AND BREAKFAST CONDITIONAL USE PERMIT AND
REQUIRING BI-ANNUAL INSPECTIONS THEREAFTER.
Whereas, applications for conditional use permits for bed and breakfast
establishments currently do not have to be inspected by the Fire Marshal for fire code
compliance prior to issuance of the permit; and
Whereas, such facilities should be inspected prior to issuance of a conditional use
permit; and
Whereas, such facilities should be subject to on-going bi-annual inspections to ensure
compliance with the f'n'e code.
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF KENAI, ALASKA, that KMC 14.20.321 BE AMENDED
BY ADDING THE FOLLOWING SECTION:
14.20.321 Bed and breakfast establishments.
(a) Intent: It is the intent of this chapter to permit bed and breakfast
establishments by conditional use which is compatible with other permitted uses,
With the residential character of a neighborhood, and which is clearly secondary
or incidental to the residential use of the main building.
(b) Provided that these establishments shall be owner-operated, not more than
one person outside the family shall be employed in the bed and breakfast; rent out
no more than thirty percent (30%) of the total floor area; have adequate off-street
parking for owner and all guests; and shall meet all other requirements as set forth
by the Planning and Zoning Commission at the time of public hearing.
(c) The bed and breakfast establishment must meet all area, height, and setback
requirements of the zones in which they are allowed according to the Land Use
Table.
(d) Fire code inspections:.
Buildin s which are the sub'ect of a bed and breakfast permit
a lication shall be ins ected b the Fir.__~.e Marshal for corn liance with
the fire code KMC 8.05 rior to the a royal of the conditional use
emit. Such facilities shall be ins ected biannuall b~e CitT__E!~
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI, ALAS/~~j~ ·
KA, thi..s 1 TH day of October 2000
Chai~an - ·
SUB STITU, ~,
Suggested by: Administration
CITY OF KENAI
ORDINANCE NO. 1884-2000
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
KMC 14.20.321 REQUI~NG INSPECTION OF BUILDINGS PRIOR TO ISSUANCE OF A
BED AND BREA~AST CONDITIONAL USE PERMIT AND REQUI~NG INSPECTIONS
EVERY OTHER YEAR THEREA~ER.
Whereas, applications for conditional use permits for bed and breakfast
establishments currently do not have to be inspected by the Fire Marshal for fire code
compliance prior to issuance of the permit; and
Whereas, such facilities should be inspected prior to issuance of a conditional use
permit; and
Whereas, such facilities should be subject to on-going inspections every other year to
ensure compliance with the fire code.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that KMC 14.20.321 is amended by adding the following section-
14.20.321 Bed and breakfast establishments.
(a} Intent: It is the intent of this chapter to permit bed and breakfast
establishments by conditional use which is compatible with other
permitted uses, with the residential character of a neighborhood, and
which is clearly secondary or incidental to the residential use of the main
building.
(b) Provided that these establishments shall be owner-operated, not
more than one person outside the family shall be employed in the bed
and breakfast; rent out no more than thirty percent (30%) of the total
floor area; have adequate off-street parking for owner and all guests; and
shall meet all other requirements as set forth by the Planning and Zoning
Commission at the time of public hearing.
(c) The bed and breakfast establishment must meet all area, height, and
setback requirements of the zones in which they are allowed according to
the Land Use Table.
id) Fire code inspections:
Buildings which are the subject of a bed and breakfast permit
a~lication shall be inspected by the Fire Marshal for compliance with
the fire code {KMC 8.05 prior to the approval of the conditional use
permit. Thereafter, they shall be inspected every other yea_r by the City
Fire Marshal. Failure to comply with the fire code (KMC 8.05) shall b~e
grounds for the suspension or revocation of the conditional use permit.
Substitute Ordinance No. 1884-2000
Page 2 of 2
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this
December 2000.
day of
John J. Williams, Mayor
ATTEST:
Carol L. Freas, City Clerk
Introduced:
Adopted:
Effective:
October 19, 2000
December 6, 2000
January 6,2001
Suggested by: Administra
CITY OF KENAI
ORDINANCE NO. 1885-2000
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, REQUIRING:
(1) HOME OCCUPATION DAY CARE FACILITIES TO BE INSPECTED FOR
COMPLIANCE WITH THE FIRE CODE PRIOR TO ISSUANCE OF A PERMIT AND
THEREAFTER BIANNUALLY; AND (2) OTHER HOME OCCUPATIONS TO BE
INSPECTED FOR FIRE CODE COMPLIANCE PRIOR TO ISSUANCE OF A PERMIT IF
DEEMED NECESSARY BY THE FIRE MARSHAL.
Whereas, residences which are the subject of home occupation permits currently are
not required to have a f'a'e code inspection prior to the issuance of a permit; and
Whereas, because such residences (other than day care facilities) are used in part as
commercial premises, they may need to have a fire code inspection prior to issuance of
a permit; and
Whereas, because of the vulnerability and age of the clientele, day-care facilities
should be inspected prior to issuance of such a permit and on an on-going bi-annual
basis to ensure compliance with the fire code.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that KMC 14.20.320 is amended by adding the following section'
[h) Fire Code Inspections:
1. Day care facilities shall be inspected by the Fire Marshal for
compliance with the fire code (KMC 8.05) prior to approval of the permit.
Thereafter, they shall be inspected biannually by the Fire Marshal.
Failure to comply with the fire code (KMC 8.05) shall be grounds for the
suspension or revocation of the facilities' home occupation permit.
2. Residences which are the subiect of a home occupation permit
ar)r)lication (other than day care facilities) may be required to be
inspected by the Fire Marshal for compliance with the fire code (KMC
8.05) prior to approval of _the perm__it, if the Fire Ma_rsha_l determines it is
necessary for public safety.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this
December 2000.
day of
ATTEST:
John J. Williams, Mayor
Carol L. Freas, City Clerk
Introduced:
Adopted:
Effective:
October 19, 2000
December 6, 2000
January 6, 2001
CITY OF KENAI
PLANNING & ZONING COMMISSION
PZ00-37
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI, ALASKA, RECOMMENDING THAT HOME OCCUPATION DAY CARE
FACILITIES ARE REQUIRED TO BE INSPECTED FOR COMPLIANCE WITH THE FIRE
CODE PRIOR TO ISSUANCE OF A PERMIT AND THEREAFTER BIANNUALLY, AND
ALLOWING OTHER HOME OCCUPATIONS TO BE INSPECTED FOR FIRE CODE
COMPLIANCE IF DEEMED NECESSARY BY THE FIRE MARSHAL.
.Whereas, residences which are the subject of home occupation permits currently are
not required to have a fire code inspection prior to the issuance of a permit; and
Whereas, because such residences (other than day care facilities) are used in part as
commercial premises, they may need to have a fire code inspection prior to issuance of
a permit; and
Whereas, because of the vulnerability and age of the clientele, day-care facilities
should be inspected prior to issuance of such a permit and on an on-going bi-annual
basis to ensure compliance with the fire code.
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF KENAI, ALASKA, that KMC 14.20.320 is amended by
adding the following section:
(h) Fire Code Inspections:
1. Day care facilities shall be inspected by the Fire Marshal for compliance with
the fire code (KMC 8.05) prior to approval of the permit. Thereafter, they shall
be inspected biannually by the Fire Marshal. Failure to comply with the fire code
(KMC 8.05) shall be grounds for the suspension or revocation of the facilities'
home occupation permit..
2. Residences which are the subject of a home occupation permit application
{other than day care facilities) may be required to be inspected by the Fire
Marshal for compliance with the fire code (KMC 8.05) prior to approval of the
permit, if the Fire Marshal determines it is necessary for public safety.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI, ALASKA, this 11TH day of October 2000.
Chairman
Suggested by:
SUBSTI~
Administr
CITY OF KENAI
ORDINANCE NO. 1885-2000
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, REQUIRING'
(1) HOME OCCUPATION DAY CARE FACILITIES TO BE INSPECTED FOR
COMPLIANCE WITH THE FIRE CODE PRIOR TO ISSUANCE OF A PERMIT AND
EVERY OTHER YEAR THEREAFTER; AND (2) OTHER HOME OCCUPATIONS TO BE
INSPECTED FOR FIRE CODE COMPLIANCE PRIOR TO ISSUANCE OF A PERMIT IF
DEEMED NECESSARY BY THE FIRE MARSHAL.
Whereas, residences which are the subject of home occupation permits currently are
not required to have a f'a'e code inspection prior to the issuance of a permit; and
Whereas, because such residences (other than day care facilities) are used in part as
commercial premises, they may need to have a fire code inspection prior to issuance of
a permit; and
Whereas, because of the vulnerability and age of the clientele, day-care facilities
should be inspected prior to issuance of such a permit and every other year thereafter
to ensure compliance with the fire code.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that KMC 14.20.320 is amended by adding the following section:
Ih) Fire Code Inspections:
1. Day care facilities shall be inspected by the Fire MaxshaJ for
compliance with the fire code (KMC 8.05) prior to approval of the permit.
Thereafter, they shall be inspected every other year by the Fire Ma_rshaJ.
Failure to comply with the fire code (KMC 8.05) shall be grounds for the
suspension or revocation of the facilities' home occupation permit.
2. Residences which are the subiect of a home occupation permit
a~)lication (other than day care facilities) may be required to be
inspected by the Fire Marshal for compliance with the fire code (KMC
8.05) prior to approval of the permit, if the Fire Marshal determines it is
necessary for public safety.
PASSED By THE COUNCIL OF THE CITY OF KENAI, ALASKA, this
December 2000.
day of
ATTEST:
John J. Williams, Mayor
Carol L. Freas, City Clerk
Introduced:
Adopted:
Effective:
October 19, 2000
December 6, 2000
January 6,2001
Suggested by: Administration
City of Kenai
ORDINANCE NO. 1889-2000
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA
INCREASING ESTIMATED REVENUE AND APPROPRIATIONS BY $2,300 IN
THE SENIOR CITIZEN TITLE III GRANT FUND FOR A GRANT FROM THE
STATE OF ALAS~.
WHEREAS, the City has received a $2,062 grant from the State of Alaska
Commission on Aging to purchase a computer that will be used for new State
reporting requirements for nutrition, transportation and support services for
senior citizens.; and
WHEREAS, the Senior Connection is donating $238 as a matching amount; and
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA that estimated revenues and appropriations be increased as
follows:
Senior Citizen Title III Grant Fund
Increase Estimated Revenues:
State Grant
Donations
Increase Appropriations:
Access: Small Tools
$2,O62
238
$2.300
·
$2.300
·
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 6~ day of
December, 2000.
ATTEST:
JOHN J. WILLIAMS, MAYOR
Carol L. Freas, City Clerk
Approved by Finance'
(11/08/20001 jl
Introduced:
Adopted:
Effective:
November 15, 2000
December 6, 2000
December 6, 2000
Suggested by: Administr~uo,,
City of Kenai
RESOLUTION NO. 2000-68
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, TRANSFERRING
$10,000 IN THE WATER AND SEWER SPECIAL REVENUE FUND FOR THE
'GEOGRAPHIC INFORMATION SYSTEM (GIS) MAPPING PROJECT.
WHEREAS, the current budget in the Water and Sewer Special Revenue Fund includes
appropriations totaling $16,000 in the Water and Sewer Depart!n. ent Professional
Services accounts to digitize as-built maps for inclusion in the GIS system; and
WHEREAS, the original plan was to contract for this work; and
WHEREAS, a portion of the work can be performed by temporary staff at lower cost;
and
WHEREAS, a budget transfer from Contingency and Professional Services to Salaries
and Benefits is needed to fund the temporary engineering technician positions.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that the following budget transfers be made:
Water and Sewer Special Revenue Fund
From: Water Department- Professional Services
Water Department- Contingency
$2,000
2,000
$4.000
·
To: Water Department - Salaries and Benefits
$4.000
·
Water and Sewer Special Revenue Fund
From: Sewer Department- Professional Services
Sewer Department- Contingency
$4,000
2,000
$6.000
To: Sewer Department- Salaries and Benefits
$6..000
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 6th day of December,
2000.
ATTEST:
JOHN J. WILLIAMS, MAYOR
CarOl L. Freas, City Clerk
Approved by Finance:
{11/20/2000) jl
CITY OF KENAI
210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-283-7535
FAX 907-283-3014 ~
MEMO:
TO:
FROM'.
THRU:
DATE:
SUBJECT:
Richard Ross, City Manager ~
Larry Semmens, Finance Director n._~
Marilyn Kebschull, Planning & Zoning Administratio
Jack La Shot, Public Works Manager,~~~
Keith Korneiis, Public Works Manager (~
November 14, 2000
GIS Water & Sewer Conversion - Budget TranSfer Request
In the FY 2001 operating budget $16,000 was encumbered in the Water and Sewer
accounts ($7000 in water and $9000 in sewer) to convert the City's water and sewer as-
builts to our geographic information system (GIS). The plan was to contract for
professional services for the data conversion. Tho project was planned in phases. Phase
one involved the digital conversion of 39 water and sewer drawings. Phase two would
involve correcting those drawings since the maps the City had available were prepared in
1980's and several upgrades and additions have been added to the system. Phase three
would add "hot links" to the GIS layer to connect project as-built drawings to the layer.
The Public Works Department contracted professional services for digitally converting
the 39 drawings. This provides water and sewer information for the City's system and
annotates all water and sewer lines, valves, clean-outs, manholes, fire hydrants, etc. The
original drawings were considered to be the most comprehensive and consistent in scale,
and provided a good base layer from which to digitize the water and sewer information.
G¢oNorth, Inc. performed this conversion at a cost of $7117.50. This phase is in the final
stages and we need to prepare for the next step--correcting the drawings.
To accomplish an accurate compilation of up-to-date as-built information, numerous
resources will be needed including project drawings and City personnel. Coordination
Richard Ross Memo
Larry Semmens
Page 2
November 13, 2000
with City of Kenai department personnel will be extensive requiring the water and sewer
personnel to review each drawing and provide corrections.
Because of the in-house support needed to accurately accomplish this next phase of the
Water and Sewer GIS Project, and with consideration of future revisions, I feel that the
most efficient use of City's funds would be to transfer from the budgeted professional
services into the temporary engineering technician staff salaries. Some fimds should
remain budgeted for professional services to cover consultation and as a contingency for
troubleshooting existing conversions.
GeoNorth of Anchorage provided the professional services to digitally convert the 39
maps into our GIS and could provide services for the revisions at $85/hour (their usual
billing rate). The proposal to transfer funds and have the work performed in-house using
the engineering technicians would not only save the City funds but would allow for a
much more efficient use of staff time and resources. The engineering technicians are
paid $12.43 per hour. Using both technicians would cost the City about $25 per hour, a
savings of approximately $60 per hour. This would also allow the work to be conducted
here where access to in-house personnel, actual confirmation of necessary changes and
as-builts are on-site.
A rough estimate of additional funding needed is approximately 20+ hours per drawing
or a total of 780 hours at $12.43/hour or $9,695 in staff salary. There is $8822.50
remaining from the funds encumbered in the professional services accounts of water and
sewer. Dan Young, Foreman, Water and Sewer Department, has noted he has funds
available in contingency that could be transferred to complete this project.
I recommend budget transfers as shown below to complete this project in-house. I
believe these transfers will provide the most efficient use of City personnel and the most
economical use of funds. A balance of $2882.50 will remain in professional services for
consultation services.
From Account To Account Amount Remaining Funds Budgeted
for Project
010.65.4531 - 010.65.0100 - $2000.00 $1441.25
Water Water
Professional ServicesSalaries
010.66.4531--- 010.66.0100 - $4000.00 $1441.25
Sewer Sewer
Professional ServicesSalaries
010.65.4999--- 010.65.0100 - $2000.00 N/A
Water Water
Contingency Salaries
010.66.4999-- 010.66.0100 - $2000.00 N/A
Sewer Sewer
Co .ntin~ency Salari es
Totals $10000.00 i $2882.50
Suggested by: Administrt
CITY OF KENAI
RESOLUTION NO. 2000-69
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALAS~, AWARDING
THE BID TO SEEKINS FORD FOR AN EMERGENCY SQUAD FIRE APPARATUS FOR
THE TOTAL AMOUNT OF $148,142 AND AUTHORIZING USE OF THE EQUIPMENT
REPLACEMENT FUND FOR THE PURCHASE.
WHEREAS, the following bids were received on November 8, 2000:
BIDDER TOTAL
Seekins Ford $148,142
WHEREAS, Seekins Ford's bid meets the bid specifications; and,
WHEREAS, the recommendation from the City Administration is to award the bid to
Seekins Ford; and,
WHEREAS, the Council of the City of Kenai has determined that Seekins Ford's bid is
a responsible bid and award to this bidder would be in the best interest of the City;
and,
WHEREAS, sufficient monies are available in the Equipment Replacement Fund.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that the bid for an Emergency Squad Fire Apparatus be awarded to Seekins
Ford for the total amount of $148,142. The Equipment Replacement Fund will be
used to purchase the vehicle.
PASSED BY THE
December 2000.
COUNCIL OF THE
CITY OF KENAI, ALASKA, this 6th day of
ATTEST:
JOHN J. WILLIAMS, MAYOR
Carol L. Freas, City Clerk~
Approved by Finance:
CITY OF KENA!
210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-283-7535
FAX 907-283-3014 ~
1992
DATE'
TO:
FROM'
gE
November 29, 2000
Richard A. Ross, City Manager
Jack LaShott, City Engineer
Scott Walden, Asst. Fire Chief
Michael Wichman, Shop Foreman
EMERGENCY SQUAD BID
The bid received fi'om Seekins Ford of Soldoma in parmership with SVI Trucks Fire &
Rescue Company of Loveland, Colorado meets the required specifications.
After a complete review of the bid, it is within the range anticipated for an equipped
rescue vehicle. It will fulfill rescue, extrication, structural fire response needs, and will
provide a wild land fire response ability that we have never had before.
Per the Insurance Service Organization (ISO) this vehicle, as equipped, will add credit
toward the City's fire insurance rating during future evaluations.
The equipment provided with the vehicle (included in the bid price) is competitively
priced per independent supply companies (L. N. Curtis & Sons and Vallen Safety
Supply).
t, City Engineer
Scott Walden, Asst. Fire Chief
M~chaei ~ich~an~ gffOp F~reman
Suggested by:
CITY OF KENAI
RESOLUTION NO. 2000-70
Councilman Bannock
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, URGING THE
· KEN~ PENINSULA BOROUGH ASSEMBLY'S PASSAGE OF THEIR ORDINANCE NO.
2000-59, AUTHORIZING THE BOROUGH TO NEGOTIATE AN AGREEMENT WITH THE
STATE TO OPERATE A PRISON FACILITY AND TO PUBLICLY SOLICIT BIDS OR
PROPOSALS FOR THE LAND, DESIGN, CONSTRUCTION, AND OPERATION OF AN 800
TO 1,000-BED MEDIUM-SECURITY PRISON FACILITY TO BE FINANCED WITH
MUNICIPAL REVENUE BONDS.
WHEREAS, passage of Kenai Peninsula Borough Ordinance No. 2000-59 will authorize
the Borough Mayor to solicit competitive bids or proposals for the lease or purchase of
land, design, construction and operation of a 800-1,000 bed medium-security prison
facility; and,
WHEREAS, construction of the medium-security prison facility would be financed by
the Borough through revenue bonds to be repaid out of the funds paid by the State to
the Borough for operating the facility; and,
WHEREAS, the operation of a medium-security prison facility in the Kenai Peninsula
Borough could provide up to 300 new permanent, full-fi_rne jobs and offer tremendous
economic benefits to Peninsula residents.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that the Kenai Peninsula Borough Assembly is urged to pass their Ordinance
No. 2000-59 in order to proceed with the establishment of a private medium-security
prison within the Kenai Peninsula Borough.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this sixth day of
December, 2000.
ATTEST:
John J. Williams, Mayor
Carol L. Freas, City Clerk
clf
Approved by Finance:
NOV-13-2000 lION 04:40 PIt
KPB LEGC~L
907 262 8686
Introduced by:
Dat~:
Shortened Hearing:
A~on:
Vote:
M~yor
11/21100
12/12100
KENAI PENII~SULA BOROUGH
ORD~~CE 2000-~9
AN ORDNANCE AUTHORIZING THE BOROUGH TO NEGOTIATE AN
AGREEMENT WITH THE STATE TO OPERA~ A PRISON FACILFI~, AND TO
PUBLICLY SOLICIT BIDS OR PROPOSALS FOR THE LAND, DESIGN,
CONSTRUC~ON, AND OPERATION OF ,4uN 800 TO l,O00 BED PRISON FACILITY,
TO BE FINANC~ WITH I~H/NICIPAL I~VENUE BONDS
WHE~AS, the borough assembly passed Resolution 2000-075 in support of establisl~ng a
private prison within the Kenai Peninsula Borough; and
WHE~AS, that resolution reco~ized the Kenai Native Association, Inc. ("K.NA") plan'thm
was under development to construct and operate a privately owned medium
security prison capable of housing up to 1,000 prisoners on KNA property located
adjacent to the existing medium security Wildwood Correctional Center and the
borough's authority, to enter into agreemenm for the confinement and care of
prisoners, subject to provisions of law under AS 29.35.010(15); and
~rHEREAS, KNA has approached the Kenai Peninsula Borough with a proposal to provide a
ground lease and ttm~ey con.swuction and operation of a prison in which KNA
would lease land to the borough a~ fair market value for a period of 50 years, and
· the borough would finance construction of an 800-1,000 bed prison facility on the
propertT; and
WHEREAS, the best interests of the borough would be served by soliciting competitive bids or
proposals for the land. design, construction and operation of a prison thcility as
more than one entity is capable of providing these services for the borough; and
WHEREAS, the construction of this facility, would be f'manced by the borough through.
revenue bonds to be repaid out of the funds paid by the state to the borough for
operating this prison facility; and
WHEREAS, it is estimated that the operation of this prison would provide between 250 and
300 new permanent, full-time jobs on the peninsula which would offer
tremendous economic benefits to Kenai Peninsula residents; and
WHEREAS, because the facility will be funded with an external source of revenue and duc to
the short time remaining before the legislative session begins, the best interests of
the borough would be served by waiving the voter approval requirement in KPB
5.04.11 O;
Page 1 of 2
NOt/-13-2000 lION 04:40 PM
KPB LEGRL 907 262 8686 P. 03
NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KENAI
PENINSULA BOROUGH:
SECTION 1. That the mayor is authorized to solicit competitive bids or proposes for the lease
or purchase o£ land, thc design, construction and operation of an 800 to 1,000 bcd
prison facility, provided that the agreement will only become effective after the
borough enters into th~ necessary agreements with thc State of Alas~ and a~ter
the funding source, which is expected to be'revenue bonds, has Ix-ch approved by
the assembly. The agreement with the wing bidder or proposer must be
approved by the assembly by resolution before it may take effect.
SECTION 2. That th~ mayor is authorized to negotiate an intergovernmental agreement with
the State of Alasl~ for the operation of a mecti~ s¢curky corr~tional facility
capable of housing 800 to 1,000 beds, provided that the as.~mbly must first
approve any such final agreement by resolution.
SECTION 3. That notwithstanding the provisions of KPB 5.04.110, voter approval of this
capital improvement project is not required. ·
SECTION 4. That this ordinance shall take effect immediately upon its enactment.
ENACTED BY THE ASSEMBLY OF THE K~NAI PENINSULA BOROUGH THIS
DAY OF *, 2000.
ATTEST:
Timothy Navarr:, ASsembly
Linda S'. Murphy, Borough Clerk
Ordinartc¢ 2000-59
Page 2 of 2
Kmsi Pc. ninsu-la ~omugh, Altska
NOV-13-2000 NON 04:41 P~i
KPB LEG~qL @07 262 888~
P, 04
KI~NAI ImENINSklCA BOROUGH
144 N. BINKLEY , SOLDOTNA, ALASKA . 99669-?~99
· BUSINESS (907) 262-4441 FAX (907)262-1892
MEMO ,,I~~UM
TO: Tim Navarre, A~sembly President
Members, Kcnai P~nsula Borough A~embly
FROM: tDz.~ Dale Baglcy, Mayor
DATE: November 9, 2000
SUB3~~: Ordinance 2000-.~'~'
DALE BAGLEY
MAYOR
This ordinance authorizes the borough to negotiate an agreement with the state that
would allow the borough to operate a prison facility in the Kenai Peninsula Borough. It would
also authoriZe the administration to publicly solicit competitive bids for a site upon wlx/ch the
prison would be located and for the design, construction, and operation o£ the prison facility..
Kenai Native Association ("IG,NA") approached thc borough last August, and the
assembly approved a resolution supporting its proposed establishment of a private prison near
Wildwood. Since then, K.NA learned that the state would not directly contract with it to operate
a prison, and instead preferred a govemmcnt-to-govemmem contract. Accordingly, KNA
approached th~ borough with a request that thc borough contract with th~ state to op.-ate a
prison, and the borough in mm contract with K.N'A to lease KNA's land adjacent to Wildwood
and have KNA design, build, and operat~ a prison on that land. 'K HA the~ intended to
subcontract for th~ operation of the prison. The borough would use tax exempt revenue bonds to
finance thc construction of' the prison, which is estimated to cost approximately $80 million and
result in the creation of' approximately 250 to 300 pcrmanc'nt full-time jobs in the borough.
Upon reviewing I<~WA's proposal, the administration supports the proposed concept of
building and operating this prison but could not, under the code, justi~ sole sourcing this project
to K.NA. Accordingly, th/s ordinance would authorize the mayor to solicit compet/tive bids for a
turnkey operation including ~he land. design, construction, and operation of' the prison facility.
Any contract would be subject to the state's emering into an opcratin§ agreement with the
borough which the assembly would first approve by resolution. Authorization and sale of the
revenue bonds would be accomplished through a separate process initiated after a~roval of the
state contract.
Shortened hearing is r:quested because the state legislature begins its next session
January 8, 2001, and the state legislature's approval of the private prison proposal would be
needed. It is believed that the project would be most lik:ly to succ:¢d if it is present~ tO th:
l~gislature at thc b:ginning of its session to provide them with th: maximum amount of time to
review it. Additionally, KPB 5.04.110 requires that this project be submitted for voter approval
as it costs more than $1.5 million. However, because the funding for this project would come
from thc state, and because requiring voter approval would likely prevent this project from being
1
187
I',IOV-13-2000 1'I01,t 04:42
KPB LEGAL 907 262 8686 P. 05
presented to the legislature during the upcoming session, it is r~quested that the assembly waive
the voter approval requirement in the code..
This is pr~sent~ to the assembly az an ordinance becaus~ it waives the code requirement
for voter a~roval of projects costing more than $1.$ million. Also, an ordinance allows for
maximum public hearing and authority for amendments should the assembly so desire. I! is my
intention to reques~ that, in addition to hearing this ordinance on December 12, the assembly
hold a special meeting on December 19, 2000, to provide additional time for public input on this
significant matter and give it further consideration. Your consideration of this proposal is
appreciated.
2
188
K.E~AI PRISON QU£ST1ONS & ANSW'~
.
Why should a 1,000 bed, medium security, pr/vaxely operated prison be located next
to the Wildwood Correctional Cemer?
Alaska currently houses 800 medium securiW prisoners in Arizona because Alaska'
prisons are tull. The greatest demand for prison beds is in Southcentral Alaska. The
Kenai site is ideal bemuse of it's central location, close proxhnity to goods and services,
ready access to ground and air transportation and full service local justice system.
Siting the £aciiity next to Wildwood consolidates prison services in one area and avoids
impacting other established neighborhoods, it enlaances public safety by enablkzg State
~d private prison pe. rsormel lo back one another up in the event of fire, life, safety
emergencies; and economy of scale, cross training and shared services will hold dawn
cost.
·
2. How does the Borou~ benefit fi'om a prison?
* 80 to 90 migien dollar construction project
· 300 to 400 temporary, construction jobs
· 25 to 30 million doUar annual operating revenue ~pent in the Kenai Borou~
· 250 to 300 permanem prison jobs
· stable industry, not affected by boom or bust economy
, Goods and services consumed by t000 inmates and 250 to 300 staff and families
· increased propert7 values
administrative fee to Borough for first five years ofoperatio~
· payment in lieu of taxes after five years, until expiration of a 20 year lease tenn.
· $80 milUon Borou~ asset and remal income stream after 20 year..-
3. Why private instead of'Statc operated?
Over 133,000 prison and jail beds are now man.ed by private corrections companies,.
with projections of 300,000 by the year 2004. State, local and Federal agencies realize
substantial .savings through private operation.
The Alaska Legislature and Governor support a privately built and operated prison in
Alaska
.
4. Why dc the Legislature and Governor support a private prison in Alaska'.;
In 3'uly 1999, the Council of State Governments published an analysis of private prison
cost and safety. The Council found that the greatest savings are to States where
government employee wage and benefits are high because prisons are driven by
personnel costs (70% to 75%).
The Corrections Yearbook: published by the Criminal .lustic= Institute Inc., is the nation
statistical authority for the Corrections indu_.-'try. The Yearbook reports that the highest
maximum salary for Correctional Officers in the U.S. is Alaska, nearly lwice ~he national:
average. In addition to ~he highes~ wages, Alaska's Correctional Officers work "week-
on/week-oW' schedules with built in overtime, increased pay shif~ differentials, full
redremenl after 20 years and a benefits pack,ge valued at over :30% above .mlary.
'l"hc combined ~ff'ect raises Alaska's prison cosls to th~ hi ,ghcst in tho nation and creates
an opportunity ibr the State to purchase equivalent services at less cost from a private
provider.
5. Will Wildwood Correctional Center or other State facilities be privatizcd?
,,
Nehher the Knowles Administration, nor the Alaska Legislatur. e propose, plan or have
entertained the notion of privatizinff existing State operated faciliiies.
·
6. Who opposes privat~ prisons and why,?
At public hearings opposition comes fi'om citizens who are concerned abou~ personal
safety when a prison is sited near them and State employee umon represtmtafiv~s who
oppose privatization.
7. Are private prisons run as safbly and as well as State prisons?
There are 158 private prisuns and jails in the U.S. In the United Kingdom and Australia
25% to 40% of prisoners are housed under contract with pfivat~ prison operators.
While advocat=s and opponents can always dig up individual cases of'abuse for both
government and privately operated prisons, Th~ Council of State Govemmems in 1999
found that;
· private prisons function as wetl a.s public prisons
* operating costs for private prisons reduc~ expenses where public employee wage
and benefit rates ar~ hi_mb,
· management problems in private prisons ar~ the remit of'poorly draftci
contracts, lack of oversight and improper inmate classification
* pdwte prisons are built faster and cheaper than public facilities
* private prisons are staffed, programmed and operated as safely as public prisons~
8. To what standard of construction will the prison be built?
Construction will comply with State and local building codes for institutions, thc security.
standards of the American Correctional Association and existing standards ofthe Stat~
of Alaska Department of Corrections. The prison will achiev~ full accreditation with the
American Correctional Association within thc firs! three years of operation and comply
fully with the requirements of thc Clea~ Final Settlement Agreement.
.
What training standards will be used to stall' th~ facility?
All security staff will be trained in compiia.nce wi~h standards adopted by the Alaska
Police Standard~ Council a~ well as Department of Correctiom training standard~
~0. What will the staffing levcts be?
Staffing levels arC determined by the offender population to be served, their program and
seaa~y needs as well as the design o£ the prison. The staff to inmate ratio, however, will
meet or exceed national standards for similar facilities.
11. What kind of'inmates will be housed at the primo?
The State Department of Corrections has identified a need for mcdium securi .ty prison
beds. The targeted population are medium security, male, felons with roughly ['our m
seven years remaining to serve. The prison is ~teaded to meet the particular needs of'
Native Alaskan offenders and will huuse at lea~ the Statewide average of 34% Native
Alaskan prisoners.
12. Will prisoners be ~n~= to leave the prison unesconed ?
No. Prisoners arriving or leaving the facility for transfers, medical or court appearances'
will be transported by State o£ Alaska Department of Corrections transportation officers
or State Troopers. Under Dep~nment of Corrections policy the only prisoners that will
be released to Kenai Borough communitie.s after expiration of their sentence are local
citizens who were ar~ r~sidents at the time of arrest.
13. What about visitors and inmate families?
l)uring the course of incarceration prisoners transfer to many diff~ent thcilifi~; fear over
inmate £an~es moving to communities where family members are incarcerated are
unfoundecL Visitation policies are strictly regulated by State policy and regulation. For
example, ex-felons and offenders under acfi. ve probation or parole supervifion are not
allowed to visit.
14. What is the possibility, of an escape ti'om thc prison?
While escapes can and hw~e occurred t¥om State operated prisons and jails, they are a
rare occurrence, cspedally in medium security prisons. Since 1980 there have been 36
escapes from State correctional lhcilifies, half' of which were from a minimum security
t~cility with no fence at Palmer.
Most medium security prisoners have already demonstrated responsible behavior while at
higher security facilities. They are usually involved in programs to prepar~ them for
custody reduc:tion and eventual transfer io · halfway house. The Wildwood Correctional
Center's excellent record for ,smomh operation is evidence of this.
15. W~at kind of'jobs will be available a~ ~h¢ prison?
In addition to the construction jobs, there will be roughly 250 to 300 permanent and
contract ~ositions and services. While the majority ot'~ositioas are security r¢Isted, there
arc many positions i~x the health care industry., mental health, food services, maintenance
and inmate programs.
16. How will the prison impaat property values and the local economy?
The U.S. depanmcm of Justice, National Institute of Corrections has 'track~ this question
for many years and publis, hed findings that property values are either unaffe~-t~ or risc as
a remit of prison development. Th~ residual impact upon the local economy, however, is
mbstantial. In short, prisons are a clean industry that generates above average jobs,
substantial income, significant conhumption oflocal ttoods ~d services and enhanc,~
economic stability in the communities whcrc they are located.
17. How will the prison be fina~tc~ and whst is ttt¢ risk to the Borom3h?
The State will e~er into an agreement that guarantees~he purchase of at least 800 prisoz~
beds for a period o~ ~ years. The Borough will sell tax exempt bonds to finance
constmc;tion. The bon~ are secur,~ by the full Faith and credit et't~ State, with no
financial risk to th~Boru~ffh. Operational risk is assumed by tim comra~or tbmu~
contractual indis'm-~~m a~d insur~ce to protect the Sta~e and Berousb.
·
·
PRIVATE PRISONS-.
PUBLIC SAFETY THREATENED
Update April 2000
A Summary Of Recent Escapes
"The company is not obligated to notify local authorities or state corrections officials of out-of-state
inmates being housed there. It is not our function to capture them."
[CCA's Vice President of Communications, Susan Hart, after om-of-state sex offenders escaped from
CCA in Texas.]
Prepared By: The CCPOA Legislative Department
Continuing "The Debate Over Prison'Privatization" 2000
EXECUTIVE SUMMARY
Since 1995, there have been over 170 escapes from private prisons throughout the country, These escapes
occurred from privately-operated "secure" facilities and do not include additional escapes (walk-aways)
from the privately-operated non-secure centers.
Similarly, there have only been 9 escapes from secure CDC facilities.
The following information was compiled from newspapers around the country where these escapes were
reported and from CDC reports. Unfortunately, privateers are not required to publicly disclose such
information, so, we present only that information which came to light in the press we were able to find.
The available numbers, however, are astonishing. Although the private sector for the most part handles
low-end and some medium-level inmates, it is evident that they are failing to control even these low-risk
populations.
Public safety is clearly compromised by privateers who are paid scarce tax dollars for a job they are unable
to perform. The following is an escapes comparison between the privateers and CDC, total inmate
population and some of the inmate convictions prior to escaping.
1 of 12 12/5/00 12:53 PM
Prison Privateers, 2000 To Date
Total Escapes: 7
Total Population: 122,871
Murder, robbery
1999
Total Escapes: 40
Total Population 121,482
Murder, rape, robbery and burglary
1998
Total Escapes: 27
Total Population: 116,932
Murder and aggravated rape
1997
Total Escapes: 41
Total Population:70,93 7
Murder, aggravated assault on police officer,
aggravated burglary, rape, child molestation
1996
Total Escapes: 38 .
Total Population:48,478
Murder, child rapist, aggravated robbery,
attempted first-degree murder, armed robbery,
': burglary and double-murder
1995
Escapees: 20
Total Population:
Murder, aggravated robbery, aggravated burglary,
assault, stalking, burglary and grand theft.
CA Dept. of Corrections, 2000
Total Escapes' N/A
Total Population: 162,000
1999
Total Escapes: 1
Total Population: 162,000 (approx)
1998
Total Escapes: 1
Total Population: 160,332
1997
Total Escapes- 5
Total Population: 155,276
1996
Total Escapes- 1
Total Population: 145,565
1995
Escapees: 2
Total Population: 135,133
RECENT ESCAPES FROM PRIVATE PRISONS
1995-2000
April, 2000
Albert Snecd Correctional Facility, La Villa, Texas (Tcxson Management Group, Inc.)
Two inmates, one convicted of aggravated sexual assault and attempted capital murder, the other a
rcpea~¢d burglar, climbed through an air vent and over a fence to escape. They escaped from the private
prison in Texas around 4:00 a.m.
{Valley Moming Star (Rio Grande Valley, TX), 4/17/00}
March, 2000
Chula Vista, California (ExtrMition International)
A convicted murderer and a convicted robber overpowered a private guard, stole his gun and then stole a
· . gun from the other guard who was' sleePing"in the transport van. The murderer was serving a life Sentence
without the possibility of par°lc. The Nevada inmates were being transported to Other states.
{San Diego Union-Tribune, 3/27/00}
January, 2000
Acton, California (E~adition International)
2 of 12
12/5/00 1:05 PM
and was found 5 days later. {Houston Chronicle, 9-4-99}
August, 1999
Frio County Detention Cemer, Texas (CSC)
Two inmates escaped by digging a hole behind the toilet in their prison cell cominue to elude authorities.
They crawled from the hole omo an unguarded walkway and then slipped out of the building through an
unsecured back door.
{San Antonio Express-News, August 30, 1999}
August, 1999
Hardeman County Correctional Facility, Tennessee (CCA)
While at a nearby hospital, after the guard took offhis handcuffs and leg irons, a 5-foot, 4-inch inmate,
weighing 13'0 pounds, overpowered the guard, stole his gun, took a woman hostage, stole her car and fled
down the interstate. He was serving a 25-year sentence for robbery. {The Commercial Appeal, August ! 7,
1999} "
August, 1999
South Bay Correctional Facility, Florida (Wackenhut)
Authorities were searching f°r an inmate who escaped from the medium-security to close-custody prison
around 10:00 p.m. [Palm Beach Post, August 12, 1999}
July, 1999
Bent County Correctional Facility, Colorado (CCA)
A 24-year-old inmate escaped from the private prison. Officials believe he may have stowed away on a
trash track. He is still at large. Earlier in the month, another inmate who was working at the regional
recycling center escaped after hot-wiring a prison van.
{The Denver Post, AugUst 1, 1999}
July, 1999
Washington, District of Columbia (CCA)
Two maximum-security DC inmates who were serving time for murder escaped fi'om two guards who
were driving them back to a Virginia prison. The guards left the door to the van unlocked and the inmates
were somehow able to remove their leg irons and flee.
{Washington Post, July 29, 1999}
July, 1999
Union City Center, Oklahoma (Avalon Correctional Services)
Them have been six escapees since the center opened in February of this year. The latest escapee,
being held on drag and auto theft convictions was caught minutes after scaling the center's fence. The
escape ignited a 45-minute rampage by three other inmates who attacked guards, damaged the building
before they too, tried to escape. They were caught in the exercise yard. {The Daily Oklahoman, July
20-21, 1999}
June, 1999
Frederick County Juvenile Detention Facility, Maryland (CSC)
· Three inmates escaped yesterday from the facility in the second security breach at a Baltimore-area CSC
facility in 48 hours. They pried open the security screens and escaped in a stolen facility car. The escape
follows a rope last week of a female employee. {The Baltimore.Sun, June 28, 1999}
May, 1999
4 of 12
12/5/00 1:05 PM
Three inmates escaped from a Private transport company when the private guards stopped at a mini-mart
and left the keys in the ignition. When the guards weren't looking, the inmates jumped in the front seat
and the CA Highway Patrol on a high-speed chase that ended in a crash, {Los Angeles Times, 1/24/00}
December, 1999
Mesa Verde Community Correctional Facility, Bakersfield, CA (Alternative Programs, Inc,)
On December 12, one inmate escaped from the private prison in Bakersfield.
{Offender Information Services Branch, CA Dept. of Corrections, 2000}
November, 1999
McKinley County Detemion Center, New Mexico (Correctional Services Corp/CSC)
On Friday, November 26, five inmates escaped from the county jail operated by Correctional Services
Corp. This brings the total to 9 the number of inmates who have escaped from the prison'in the last 3
months. CSC's vice president blamed the escapes on the facility claiming it is structurally unsound. The
inmates climbed through a skylight. CSC recemly lost the contract to mn this prison. {Albuquerque
Journal, 11/26/99}
November, 1999
Pamlico Corrections Facility, North Carolina (Corrections Corp. of AmericaJCCA)
A convicted murderer escaped from the custody of Corrections Corporation of America staff while
undergoing medical tests. The inmate has a history of escape. CCA officials say that the state of North
Carolina will pay for the cost associated with the search.
{New Bern Sun Joumal (NC) 11 / 18/99}
October, 1999
Metro Davidson County Detention Facility, Tennessee (CCA)
An imate convicted of aggravated burglary escaped from custody at the CCA-operated facility by slipping
out of his handcuffs and running away. There was only one guard watching the inmates and he decided to
stay with the other 15 inmates rather than pursue the escapee. {The Tennessean, 10/19/99}
October, 1999
Santa Rosa, New Mexico (TransCor/CCA)
A convicted murderer from North Dakota en route to Oregon used a handcuff'key smuggled in his shoe to
unlock his handcuffs, climb through a air vent and escape from a secure transport van. operated by
TransCor, a wholly-owned subsidiary of Corrections Corp. of America. Although the escaped occurred
around 4:00 am, it wasn't reported to police until 3:00 pm - 11 hours atier the fact. {Albuquerque Journal,
10/14/99}
September, 1999
McKinley County Adult Facility, New Mexico (CSC)
Four inmates escaped from. the private jail in New Mexico operated by Correctional Services Corp. The
sheriff's office was not notffied of the escape until an hour and 15 minutes has passed. They Crawled
through an air vent. Two were jailed on parole violation and burglary charges. The other two escapees
were in jail awaiting trial on murder, aggravated battery and kidnapping charges. {Albuquerque Journal,
9/6-8/99}
August, 1999
Liberty County Jail, Texas (CCA)
Two inmates escaped from the CCA-operated jail by climbing through an air vent in a bathroom. One was
caught later that day, but the other, a charged with auto theft and burglary had a previous escape charge
3 of 12 12/5/00 1:05 PM
and was found 5 days later. {Houston Chronicle, 9-4-99}
August, 1999
Frio County Detemion Center, Texas (CSC)
Two inmates escaped by digging a hole behind the toilet in their prison cell continue to elude authorities.
They crawled from the hole onto an unguarded walkway and then slipped out of the building through an
unsecured back door.
{San Antonio Express-News, August 30, 1999}
August, 1999
Hardeman :County Correctional Facility, Tennessee (CCA)
While at a nearby hospital, after the guard took offhis handcuffs and leg irons, a 5-foot, 4-inch inmate,
weighing 130 pounds, overpowered the gu. md, stole his gun, took a woman hostage, stole her car and fled
down the interstate. He was serving a 25-year sentence for robbery. {The Commercial Appeal, August 17,
1999}
August, 1999
South Bay Correctional Facility, Florida (Wackenhut)
Authorities were searching for an inmate who escaped from the medium-security to close-custody prison
around 10:00 p.m. [Palm Beach Post, August 12, 1999}
July, 1999
Bent County Correctional Facility, Colorado (CCA)
A 24-year-old inmate escaped from the private prison. Officials believe he may have stowed away on a
trash track. He is still at large. Earlier in the month, another inmate who was working at the regional
recycling center escaped after hot-wiring a prison van.
{The Denver Post, August 1, 1999}
July, 1999
Washington, District of Columbia (CCA)
Two maximum-security DC inmates who were serving time for murder escaped from two guards who
were driving them back to a Virginia prison. The .guards left the door to the van unlocked and the inmates
were somehow able to remove their leg irons and flee.
{Washington Post, July 29, 1999}.
July, 1999
Union City Cemer, Oklahoma (Avalon Correctional Services)
There have been six escapees since the center opened in February of this year. The latest escapee,
being held on drag and auto theft convictions was caught minutes after scaling the center's fence. The
escape ignited a 45-minute rampage by three other inmates who attacked guards, damaged the building
before they too, tried to escape. They were caught in the exercise yard. {The Daily Oklahoman, July
20-21, 1999}
June, 1999
Frederick County juvenile Detention Facility, Maryland (CSC)
Three inmates escaped yesterday from the facility in the second security breach at a Baltimore-area CSC
facility in 48 hours. They pried open the security screens and escaped in a stolen facility car. The escape
follows a rape last week of a female employee. {The Baltimore Sun, June 28, 1999}
May, 1999
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West Tennessee Detention Facility, Mason, Tennessee (CCA)
Two inmates escaped from CCA's Mason facility in broad daylight on Thursday afternoon at 3:00. One of
the imates was serving 220 years for deliberate homicide and attempted homicide. The other was serving
50 years for robbery, use ora weapon and thefL They climbed over the fence. Two other inmates were
caught on the fence.
{The Associated Press, May 21, 1999}
April, 1999
Promontory Prison, Draper, UT (Management & Training Co./MTC)
Three inmates used a file to cut through a section of the chain link fence and escaped from the private
prison. They walked to a nearby auto mall, broke into a lock box and stole a car. {Salt Lake Tribune,
April 6, 1999}
March, 1999
Correctional Treatmem Facility, Washington, DC (CCA)
A convicted killer, confined to a wheelchair cut through the bars on the window of his eighth-floor cell,
tied bedsheets into a rope and climbed out of the prison undetected. The sheets unraveled and he plunged
to the pavement below. An unidentified woman picked him up and tOok him to a nearby hospital where
he was pronounced dead an hour later.
{The Washington Post, March 16, 1999}
March, 1999
INS Detention Facility, Houston, Texas (CCA)
A Cuban national overpowered a guard and fled out of the facility into a waiting van. The escapee was
convicted of"burglary of a habitation with intent to commit aggravated rape with a deadly weapon."
{Houston Chronicle, March 2, 1999}
January, 1999
South Central Correctional Facility, Tennessee (CCA)
Confessed murderer David Britt escaped from CCA's prison in Wayne County by dressing as a guard and
getting a female private prison guard to escort him out during a shift change. {The Commercial Appeal
(Memphis, TN) February 1, 1999}
December, 1998
Polk Correctional institution, Florida (CSC)
Two juvenile inmates successfully escaped from CSC's facility. Both had prior escape attempts on record
and remain at large. {The Ledger (Lakeland, FL) December 14, 1998}
December, 1998
Great Plains Correctional Facility, Hinton, Oklahoma (Comell)
A convicted child molester with a history of escape climbed over the fence and out of Comell's private
prison. He was captured five days later in San Bemadino, CA. Comell reported that the escape occurred a
full day after it happened. {Tulsa World, December 13, 1999}
October, 1998
Bexar County Secure Juvenile Correctional Treatment Center, Texas,
(Children's Comprehensive Services/CCS)
On October 21, three male inmates kicked open a rear gate and escaped. Less than a week later, another
inmate escaped through an unlocked l~ont gate.
{San Antonio Express-News, November 11, 1998}
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October, 1998
South Central Correctional Facility, Nashville, Tennessee (CCA)
Four inmates (murderers and rapists) cut their way to freedom. Three were recaptured within days, but the
last, serving a life sentence for aggravated rape and robbery was recaptured a month later in the Los
Angeles suburb of San Femando. The guards did not learn of the escape until they discovered the hole in
the fence.
[The Commercial Appeal (Memphis, "TN) October 30, 1998}
September, 1998
West Tennessee Detemion Facility, Mason, Tennessee (CCA)
An imate serving 34 years for aggravated rape escaped from this CCA facility and made it to New
Mexico before capture. A traffic cop pulled him over for a routine stop, and then leamed that he was the
escapee. When the local tv station in Tennessee first inquired of CcA if there had been an escape, CCA
said that there had not been an escape.
{The Commercial Appeal (Memp~s, TN) September 7, 1998}
August, 1998
Teller County Jail, Colorado (Civigenics)
Andre Ingold slipped out a door at the jail's gymnasium about 6:30 p.m,, climbed a fence and fled across a
field. He is charged with beating a man to death with a shovel in May.
{The Denver Post, August 8, 1998 }
August, 1998
Auburn, California (TransCor/CCA)
One of 11 inmates in a van operated by TransCor, a wholly-owned subsidiary of CCA, escaped in Placer
County. The inmate, picked up in Texarkana, TX was being delivered to an Arizona prison. A search
team comprised of 30 officers from various agencies began a massive manhunt. TransCor was making a
loop through northem CA.
{ Sacramento Bee, August 14, 1998 }
July, 1998
Newton County Correctional Center, Texas (CSC)
A convicted rapist from Hawaii cut his way out of a maximum-security private prison and hitchhiked his
way out of town. He was serving seven life terms for stabbing and tomufng a blind man and raping the
man's girlfriend. {Austin American-Statesman, July 21, 1998 }
July, 1998
Northeast Ohio Correctional Center, Youngstown, Ohio (CCA)
Six inmates, in broad daylight, cut through the fence with wirecutters and escaped. Four were convicted
murders. Five were caught within days, but the sixth was on the run for over a month, finally captured in
New York. The inmates got past the motion detectors, the fence sensors, the video cameras, the guards
inside the perimeter and the guards outside the perimeter. It was the other inmates who first notified law
enforcement. They called from inside the prison and told the county sheriff of the escapel When the
sheriff called CCA back, the sheriff was told that there was no escape. The sheriff found CCA guards
combing the nearby woods, claiming they were conducting a practice drill.
{Cleveland Plain Dealer, September 2, 1998; Columbus Dispatch, July 27, 1998}
May, 1998
Broward County Jail, Florida (Wackenhut)
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Two inmates escaped from Wackenhut's Broward County facility.
{The Sun-Sentinel (Ft. Lauderdale, FL), May 26, 1998}
May, 1998
Hardeman County Correctional Facility, Tennessee (CCA)
Convicted rapist Reginald Ivory was released by CCA two years before his release date. ivory remains at
large. {CCA's Hardeman County Correctional Facility Incident Report, May 7, 1998}
March, 1998
Taft Correctional Facility, Califomia (Wackenhut)
An imate escaped from the maximum-security area from this privately-operated Federal Bureau of
Prisons facility. [The Bakersfield Californian, December 9, 1998]
March, 1998
Florida County Jail (Wackenhut)
Unbeknownst to the Wackenhut guards monitoring the minimum-security facility, two convicts escaped
through a window. While Wackenhut officials said they think their staff followed procedures, it was later
learned that a Wackenhut guard had befriended the inmates and purposefully left a door open so the two
could escape.
[The Sun-Sentinel (Ft. Lauderdale, FL) March 25, 1998 & April 2, 1998]
January, 1998
Santa Rosa Facility, New Mexico (Wackenhut)
A federal inmate escaped from Wackenhut's Santa Rosa facility at~er cutting a hole in the fence and
jumping to the pavement. A guard discovered the hole, and after a head count leamed of the escape.
(Motion detectors, fence sensors, cameras and guards failed, to notice the escape in progress.) {San
Antonio Express-News, January 25, 1998 }
December, 1997
illinois, TransCor' (CCA)
Three convicts removed their shackles, kicked the private guard out of the van and sped away while the
other guard was buying Whoppers inside the Burger King. One of the escapees, Homer Land, convicted
of aggravated battery, ki'dnapped a nearby couple for 12 hours before, they were able to escape. Homer had
been picked up in Minnesota and was en rome to Florida at the time of his escape'. {Chicago Tribune,
12/7/97}
December, 1997
Indiana, TransCor (CCA)
A convicted pedophile was among several convicts who escaped from a CCA-TransCOr van. They .kicked
the guard out of the van and made their getaway.
{Indianapolis News, December 12, 1997}
October, 1997
Toledo, Ohio (Federal Extradition Agency, Inc)
Four inmates escaped in a private prisoner company van with a shotgun and four rounds of ammunition in
it. The two guards had left the imates alone in the van with the engine still running. They were later
re-captured by the Ohio Highway Patrol.
{United Press Intematio. nal, 10/24/97}
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September, 1997
Basile Detention Center, Louisiana (LCS, Inc.)
Five Idaho inmates escaped from a private prison in southwestern Louisiana. Of the two remaining at
large, one is a convicted murderer, the other a convicted child sexual abuser.
{Spokesman-Review (Spokane, WA) October 9, 1997}
August, 1997
Eagle Mountain Community Correctional FaCility, California (MTC)
On August 12, 1997, one inmate escaped from the Eagle Mountain Community Correctional Facility in
Desert Center, which is operated by MTC of Odgen, Utah.
{Offender Information Services Branch. CA Dept. of Corrections, 1999}
July, 1997
Pueblo County, Colorado (Federal Extradition Agency, Inc.)
An Arkansas-convict, serving two life te ~rms for two kidnappings, six rapes and an assortment of other
crimes, escaped from a private prisoner transport company. He was on his way to Arkansas from Utah
when he disarmed the lone guard in the van while the other guard was delivering a California prisoner
inside a Colorado county jail. The escapee then used the gun he stole ~om the guard to commandeer a
pickup track.
{Denver Post, 8/4/97}
July, 1997
Baker Community Correctional Facility, California (Com¢ll Corrections)
Two inmates escaped from Com¢ll Corrections Baker facility for men on July 15. The facility houses
approximately 270 inmates.
~Offender Information Services Branch. CA Dept. of Corrections, 1999~
July, 1997
Hardeman County Correctional Facility, Tennessee (CCA)
A convicted rapist escaped from CCA's Hardcman County Correctional Facility, He climbed .over a back
fence about 9:00 pm, Saturday night. He was serving a 10-year sentence for two counts of rape and
aggravated burglary.
~Th¢ Commercial Appeal (Memphis, TN) July 28, 1997~
In the eight county jail facilities operated by CCA, there have been 26 escapes
{The Ledger (Lakeland, FL) June 9, 1997}
June, 1997
Marion County, Florida (Federal Extradition Agency, Inc.)
A convicted felon being taken to Broward County left alone to urinate behind a gas station escaped from
the private guards. Authorities believe he may have hitchhiked a ride with a trucker and left the county.
{Palm Beach Post, 6/22/97}
May, 1997
Aurora Detention Cemer, Colorado (Wackenhut)
At least two guards were fired and another one quit after investigation into an escape by three inmates
fxom the Aurora center that holds undocumemed aliens.
{The Rocky Mountain News (Denver, CO), November 30, 1998}
April, 1997
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North Harris County Facility, Texas (CCA)
A 35-yr old Cuban national escaped l~om CCA's North Harris County Facility on April 30, 1997. He had
· been convicted for aggravated assault on a police officer. He left the facility sometime between 8:30 pm
and 11:00 pm. {Houston Chronicle, May 2, 1997}
February, 1997
Columbia Training Center, South Carolina (CCA)
A mass escape of eight youths from CCA's private prison for juveniles has prompted the Governor to call
for an investigation. Officials with the prison say they were following established procedures, (The
Governor cancelled the contract with CCA later that year.)
{State News Briefs, South Carolina, February 12, 1997}
January, 1997
Kames County Correctional Center, Texas (Bobby Ross Group~RG)
A Colorado inmate, Agustin Bravo, who was serving a 24-year sentence for murder escaped from the
private prison in Texas. {San Antonio New-Express, January 14, 1997}
January, 1997
Lockhart Correctional Facility, Texas (Waekenhut)
State prison officials captured an escapee from Wackenhut's Loekhart facility in Texas. He climbed over
a back fence in heavy fog. A patrol guard responded to the fence alarm shortly after 7:30 am and didn't
'see anything suspicious. Several inmates noticed him missing, but he wasn't reported missing umil 1:00
pm. ..
{Austin American-Statesman, January 25 & 27, 1997}
November, 1996
Frio County Detention Center, Texas (Dove Dev. Corp.) .
The escaped-plagued, privately run detention center is Scheduled to change hands later this month. Eight
inmates have escaped from the facility during the past year, with the latest two escapees still at large. { San
Antonio News-Express, November 1, 1996}
October, 1996
Central Arizona Detemion Cemer, Florence, Arizona (CCA)
Six inmates from Alaska escaped, including a murderer (beat his wife to death) and a rapist (repeat
sex-offender who raped his girlfriend's 9 year old son) l~om CCA's prison in Arizona. CCA's VP of
Communications, Susan Hart, said its too earlY to tell if CCA did anything wrong! The inmates cut a
three-foot hole in the fence, the alarms sounded, but the guards found nothing wrong. One of the escapees
had previously escaped from a jail in Alaska. {Anchorage Daily News, October 22, 1996}
September, 1996
Karnes County Correctional Facility, Texas (BRG)
Two Colorado inmates escaped from the private prison in Kames County Texas. The escapees were
serving time for aggravated robbery and attempted first-degree murder.
{ San Antonio Express,News; October 1, 1996}
September, 1996
Central Arizona Detention Center, Florence, Arizona (CCA)
Kelly Chavez, an inmate from Oregon, scaled the razor wire at CCA's Florence Arizona prison and
escaped. Oregon Dept. of Corrections .spokesman Perrin Damon said he's still confident in CCA and that
"It's a very secure facility."
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{The Bulletin (Bend, Oregon), September 9, 1996}
August, 1996
INS Detention Cemer, Houston, Texas (CCA)
Two Oregon sex offenders escaped from the facility. However, nobody in Texas knew CCA was housing
violent out-of-state criminals in the minimum-sectMty detemion center. The two were caught about 10
days later on the outskirts of Dallas. The chairman of the Texas Board of Criminal Justice said that he
fears Texas is becoming a "dumping ground" for the worst kinds of prisoners from other states. The
inmates cannot be prosecuted for escape in Texas (not a crime to escape from private company) nor can
they be prosecuted for escape in Oregon (they committed no crime in Oregon).
{Houston Chronicle, .September 3, 1996; The Bulletin'(Bend, Oregon, August 28, 1996}
Relatedly, CCA issued a statement saying, "The company is not obligated to notify local authorities or
state corrections officials of out-of-state inmates being housed there. However, considering the interest of
those officials, the company believes that notification in the future is appropriate." Susan Hart, CCA's VP
of Communications said, "It is not our function to capture them." This was the fourth escape since CCA
opened the facility. {Houston Chronicle, August 18, 1996}
August, 1996
Columbia Training Cemer, South Carolina (CCA)
Three youths escaped from the state's newest juvenile prison which had opened just last month. The
facility is operated by CCA.
{The Post Courier (Charleston, SC), August 13, 1996}
August, 1996
San Antonio Corrections Cemer, Texas (Wackenhut)
A double-murderer escaped from Wackenhut's San Antonio Corrections Center in August. He was
serving a life semence without parole for the 1992 killing of two people in Oklahoma. { San Antonio
Express-News, October 6, 1996}
August, 1996
Karnes County Correctional Facility, Texas (BRG)
Two men convicted of burglary escaped from the privately-operated prison in August.
{San Antonio News-Express, January 14, 1997}
April, 1996 ~
Liberty County Jail, Texas (CCA)
A child molester and armed robber escaped from the CCA-operated county jail in Liberty, TX. They hit
one guard over the head with a hand tool and then locked up two guards in a cell before they escaped.
Authorities believe that the two may be armed with a .410-guage shotgun, {The Houston Chronicle, April
10, 1996] }
April, 1996
Limestone County Detemion Cemer, Texas
(Capital Correctional Resources Inc./CCRI)
Two Oklahoma inmates cut a hole in a fence and escaped. { Saturday Oklahoman, April 6, 1996 }
March, 1996
Shelby Training Cemer, Memphis, Tennessee (CCA)
Three inmates eScaped from the Shelby Training Cemer. They were sitting in a stolen car-when they were
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captured by US Marshals. {The Chattanooga Free Press, September 19, 1996}
February, 1996
Wyatt Detention Facility, Central Falls, Rhode Island (Comell)
Four prisoners cut through a fence and climbed over razor wire to escape from a privately operated federal
detention facility. One was considered extremely dangerous, Over the course of several weeks, the
detainees cut through a chain-link fence with a hacksaw they had smuggled in. They were undetected by
the video cameras and the passing security guards. {The Providence Journal-Bulletin (Rhode Island) April
20, 19'96}
January, 1996
Odessa Detention Center, Odessa, Texas (GRW Corp.)
Two medium-security inmates, one a convicted murderer and the other who was convicted of possession
of a weapon in jail climbed through the wire fence at the privately-operated prison. {Tulsa World,
January 17, 1996}
1995
Tennessee Prison (CCA)
Inmate escaped from a Tennessee CCA prison in 1995 was captured in 1'997 in California and sentenced
to 15 years for weapons possession. {Chattanooga Free Press, April 6, 1998}
December, 1995
Mesa Verde Correctional Facility, Bakersfield, CA (Altemative Programs, Inc.)
On December 18, one inmate escaped from a private community correctional facility (CCF) in Bakersfield
operated by Alternative Programs, Inc.
{ Offender Information Services Branch. CA DePt. of Corrections, 1999}
November, 1995
Baker Community Correctional Facility, Baker, California (Comell)
One inmate escaped from the Comell Corrections - operated facility in'Baker, California on November
22, 1995. {Offender Information Services Branch. CA Dept. of Corrections, 1999}
November, 1995
Metro Detemion Facility, Nashville, Tennessee (CCA)
The -nine juveniles who walked aWay from the CCA facility had a 30 minute head start'before authorities
started looking for them. Several teens jumped a pair of guards and then fled. Although police were there
immediately, they was forced to wait outside for 15 minutes until a CCA representative came out and told
them that an escape had occurred. The security system had been broken for days. One of the escapees
was awaiting trial for murder. {The Nashville Banner, November 8, 1995}
November, 1995
Metro Detention Facility, Nashville, Tennessee (CCA)
A four-time escapee, convicted of assault, stalking and burglary, escaped once again from a CCA facility.
He scaled the razor-wire fence. This is the fourth escape at the same facility in the last three years. {The
Termessean, November 28, 1995 }
September, 1995
Metro Detemion Facility, Nashville, Tennessee (CCA)
Two inmates, convicted of aggravated burglary and aggravated robbery, escaped from the CCA facility
armed with a screwdriver. {The Tennessean, September 25, 1995}
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August, 1995
Baker Community Correctional Facility, California (Comell)
On August 14, one inmate escaped from Comell's Baker CCF.
{Offender Information Services Branch, CA Dept. of Corrections, 1999}
July, 1995
Florida (TransCor/CCA)
Three juvenile inmates escaped in the TransCor car when the guard got out and left the keys in the
ignition. They stole the car, burglarized a home and stole another car before the last oft hem was
recaptured two days later. {The Tampa Tribune, August 1, 1995 }
July, 1995
Silverdale Workhouse, Tennessee (CCA)
An inmate placed a blanket and mattress on top of the razor wire, climbed over the fence and escaped.
CCA said he escaped sometime between 9:30 and 11:15 pm.
{The Chattanooga Free Press, July 3, 1995}
CCA, commenting on its potential legal liability stated, "There can be no assurance, however, that
the Company's insurance will be adequate to cover potential third-party claims." {CCA Prospectus;
Summary, May 31, 1996~
12.of 1212/5/001' 12 PM
PRIVATE PRIS. ONS:
CORNELL CORRECTIONS
! III II II I . III III IIIIII I
Summary of Recent Events at Private Prisons
Operated by Comell Corrections
"Georgia's first privately run prison --- in operation little more than two months - - had lax security and
filthy conditions in some areas during two state inspections." The reports also stated that; Officers didn't
~ow how many inmates they had in their assigned areas, record keeping was sloppy and there was '~oor
· ~acl:ing" of inmates. {The Atl~ Journal ConstitUtion, 12/30/98}
Local residents, discovered Cornea had imported 232 violent felons from North Carolina into their
little Rhode Island town to make the prison more profit, able. Th/s shocked the locals because they had been
promised the prison would hold ,vhite-collar and non-violentlJrisoners. {New York Times, 11/25/95}
· .
Cornell Opposes State Cer~fication Oflts Guards. Kecent inmate riots at private prisons in New Mexico -
inclUding the murder of a prison g¢. ard - underscores the need to have private prison guards trained to the same
level as state correctional officers. Cornell opposes this plan, saying their training is sufficient and state
training Would be too expensive. {Albuquerque Journal, 9/10/99}
Prepared By
' The CCPOA Legislative Department and Corrections USA
continuing "The Debate Over Prison PrivatJzatioff'
Fall 1999
CORNELL CORRECTIONS
NEWS SUM2ViARY
-2-
"Seven Delta area residents filed a lawsuit Thursday in Fairbauks to block a proposed private prison on the
site of Fort Greeley." The suit alleges that a contract reached with Delta Corrections Group, a subsidiary of
Cornell Corrections and Allvest Inc., violates state law "because ¢onstmction and operation of the proposed
prison was not put out to bid." When the Delta Junction City Council began to consider more public input
Allvest threatened to sue the City for breach of ¢omract. cra~ ~~ ~ay ~w~, 4/2~/~>
State lawmakers in an effort to avoid a suit by Cornell operatedAllvest Ina, changed existing law to
allow for Delta Junction to sole-source the private prison contract and avoid an open competitive bid
process. This in mm has resulted in yet another suit filed by townspeople against the new legislation as well
as a petition drive to reverse the Delta City Council's sole-sourcing decision. {~h~ n.~o~ ~y ~v~, ~/~/.)
Cornell Corrections of Alaska is increasing security at its Bethel halfway house after an incident in
which one of its residents sneaked out and raped his ex-girl~end. .Last year the company'bought five
halfway, houses, in Anchorage, Fairbanks and Bethel, from locally owned Allvest, Inc. Deputy Corrections
Commissoner Bill Parker said that the inmate is a convicted sex offender and should not have been placed in
a halfway house. (A,~oag~ Daily News, 8/1/99)
· ':' Comell Escapee Arrested For Kape. A convicted sex offender escaped from a halfway house operated by
Comell Corrections aud raped his ex-girlfriend. Comell now says it will increase security. (ao=~o~
Professional, 8/20/99}
CALIFORNIA:
An inmate ESCAPED August 14, 1995 from the Baker Community Correctional Facility in Baker, CA.
The facility is operated by Cornell Corrections. {Offmd~r Iufonn~on Service~ Branc. h, CADept. of Corrections,
Another ~nmate ESCAPED November 22, 1995 from Comell Corrections commUnity correctional facility
in Baker, CA.' {c~~ ~om~tion
And again, in July of 1997, two inmates esCaPed from Comell;s private prison in Baker, CA. The facility
houses minimum and medium security inmates. {o~=a= ~orm~a,n S~~r=a~ Chi),. of Corroction.~, 1997}
Riverside County Says "No" To Cornell. Comell had planned to build a prison near perris, CA bm was
defeated by the Board of Supervisors who were concerned about searing developers away from the area's
industrial park and hurting the area's image among prospective and existing residents. {mv~ia,~.~ mm~,
~a~/~) '
Cornell Has Low Staff-To-Inmate Ratio. Comell has proposed building a prison in California City. The
facility would hold 1,000 inmates and create as many as 125 jobs. (NOTE: 125 employees to watch 1000
felons?) {m~ D,uy ~ of~o~ ~.~, 7/10/98}
Jess Gutierrez was hired by Comell Corrections to be the assistant director of a proposed half-way house in
Oxnard, California, Gurtierrez resigned after four days because the staff was poorly trained and not ready
to run theprogrant He now opposes the facility. {~o~ n, gm~ Tim~, m4m~)
· .
Prepared by tke-galff. ' ornia Correctional Peace Officers AssOciation Legislativel~oamn~ Corrections USA
For reprints or more information contact Corrections USA' 1-603-382-9707
· -3-
Residents object to home for felons. A small army of Oxnard, CA residents have recently formed a group
~¢alled "Stop The Oxnard Prison'". They are opposed to the private prison company locating a facility in
their downtown area. Comell's attorney, Marc Charney, said a lawsuit could be filed against the city if it
withdraws its special use permit to operate the facility. '~lt could come to that. But we are hoping it
doesn't," he said. {v~t~r~ cowry m~ ~/2~/~)
The Oxnard City Council agreed to pay Comell Corrections $1 million to shut down its proposed facility in
Oxnard. The proposed facility is within one block of an elementary school. Corndl has now agi, eed ~ot to
sue Oxnard. {wntur~ County Star, ~/11/99}
Cornell Sends Poorly-Performing Warden To California. A warden who was transferred from a Comell
prison in Georgia after numerous deficiencies were uncovered in a state inspection has been sent to
Californii to open a new Comell prison. Some of the problems under Warden Lowell Hudson's leadership
included inaccurate.head count system which resulted in three consecutive DIFFERENT counts, unterrified
guards patrolling the perimeter, guards unaware of number of' inmates in their sections, filthy conditions in
the bathrooms 'and othe? operational shortcomings.
GEORGIA:
Cornell Cuts Comers, Contract Cancelled Fear that private companies cut comers to make a profit is
another concern of some critics. This past April, Georgia's Departmem of Juvenile Justice pulled out of a
comract it had signed three months before with Cornell to mn a girls detention center in Pelham, GA. A
spokesman for the Department said officials felt that Cornell was understaffing the facility, and the contract
was awarde~ tO another private prison company. {~ s~t~ v~q~. ~~ mm7)
~'Georgia's-first privately mn prison- - - in operation little more than two months - -' had lax security and
.. . , . , , ~ . ' .
filthy conditions in some areas during two mate inspections The repons also stated .that Officers didn't .
· know. how,, .many. inmates' they had in their assigned . areas, record keeping was slOppy and' there was "poor
tracking of inmates. Three cheeks of the medical area mined up different inmate counts, "guards"
patrolling the perimeter were not certified to do so and inmates were allowed to leave their cells before the
count was cleared. The warden- Lowell Hudson- was transferred to California but claims the repons and
his transfer were'coincidental. The prison which is in Charkon County is mn by Cornell Correetiona {r~
Atlanta JournalConstitution, 12/30/98}
Serious problems at the Cornell Corrections private prison in Foll~ston, GA. A recem inspection by the
state Department of Corrections found dirty floors, filthy showers and bathrooms, poor security,
uneertified officers, -titter'~d inadequate medical'facilities. Consecutive inmate count, s totaled 2~3, lg, and
19. Several officers were unaware of how many prisoners should be in their sections. Officers patrolling
the priso$'s perimeter were not certified to do so.
NEWMEXICO: '
Medium Security At Minimum Prica Comell Corrections plans to hire new corrections officers for the
Santa Fe COunty facility at a $9 hourly wage. {~ s,m~ ~ ~w x~~, m~m7)
Cornell May'Have Underpaid Workers $2 Million ComelI and its construction partner, Landmark
Organization, Inc., may have underpaid the construction workers who built the Sama Fe County Adult Jail
Prepared by the California Correctional Peace Officers Association Legislative Department and C6rrections USA
For reprints or more information comact Corrections USA 1-603-382-9707
between $1 million and $2 million since it was a public construction project. For example,, a plumber on a
public project is guaranteed $21 per hour. But Landmark (Comell) paid just $10. {~U~q~q~ Jo~ ?/~m) ~
Tear Gas Used on Santa Fe Inmates. Tear gas and bean-bag bullets were used to subdue two county jail
inmates who authorities said caused a disturbance in which one of the prisoners and two guards were
injured. A SWAT team quelled a disturbance Tuesday after a prisoner jumped a guard, took his keys and
freed a prisoner being held for'the federal government. One of the inmates had a history of escaping and
causing dismrbauees in jail, as well as assaulting police officers. {~u~uq,~rq~, ~~~, Santa F~ N~w M~.ximn 11/11/98}
·
Guards Charged In Inmate Sex Case. A Comell guard has been charged with criminal sexual penetration
for having sex with an inmate while on duty. The guard had.been planning to move into her house while
she was in prison. {Albuqu~rqu~ Journal, 12/1!D8} "
.
· ':' Cornell Guard Arrested For Smuggling Cocaine Into Prison. A 3 5-year old Comell guard was arrested
on charges of bringing cocaine into the Santa Fe prison operated by Comell Corrections. {sm~ v~w ~~
4/10/99}
A guard for Cornell Corrections was arrested on suspicion of forcing a male inmate toperform oral sex
and then tampering with the evidenc~ The guard was arraigned on charges of criminal sexual penetration,
tamperiqg with evidence and bribery of a wimess. Jail Warden Lawrence Barreras declined to comment.
The guard admitted masturbating in the inmate's cell, ~lcaning the mess and washing the inmates clothing,
but denied going imo the cell or having ¢omaCt with the inmate. {~u~qu~q~o,~. ~n~,~l
·
"A male guard at the Santa Fe County Detention Center (operated by Cornell Corrections), was arrested
Wednesday and charged with sexutd asstmlt cfa male intact&" The Cornell guard is "charged with
criminal sexual penetration, tampering with evidence and bribery.of a witness." (~ s~.t~ r.~w' x~o~. v~v,~
More Charges surface at county's (Cornell-operated) juvenile jail. Amid rePorts that a guard at Cornell's
juvenile"detention center raped ~ female inmate, other female inmates at the center are accusing another
guard ofbeing a Peeping Tom. Sheriff' s Department confirmed that they are investigating the' inmates'
complaints. {s=t~ ~ N~w M~=~, 4/~7/~}
.
,'In related matters, the Sheriffs'DePartment is investigating allegations that a guard, who either quit or
was fired, raped and molested a female inmate at the juvenile jail about two'weeks ago. On April 17, five
juvenile female inmates accused another guard of peeking at them while they were in the shower." (w~s~t~
Fe New lvle~mn, 4/27/99}
Three felons ~red as juvenile jail gaards. Comell Corrections knowingly hired three convicted felons to
work as guards inside Santa Fe County's juvenile jail, Jail Director Peter Looker acknowledged. Comell is
supposed to send all background information on potential employees to the Sheriff s Departmem, which
monitors the contract, but did not do so after conducting background checks. {~u~,~,=q,~ ~o,m~ n/:/9~ Director
Looker stated, "We have no one at this facility who raped'anybody, who is a pedophile or who engages in
that type of sexual deviancy. We have no sex offenders in this facility absolutely not." According to'County
Manager DaVid Wolf, Cornell had failed to provide the county with all background information on their
· employees as their contract requires. {~h~ San~ r, ~ m~i=~ 4/27/99}
However, according to Comell's Chief Administrative Officer Pat Perrin his agency conducts background
checks on every potential employee and only those with no criminal records are hired by the' company.
{~,q,~q,~ ~o,r.~. ~as/~> (Note: Someone ought to tell that to Director Looker.)
Prepared by the California Correctional Peace Officers Association Legislative Department and Corrections USA
For reprints or more information contact Corrections USA 1-603-382-9707
-5-
Cornell Corrections Will No Longer Hire 'Felons As Guards. Three guards working at the facility who
laave prior felony convictions will keep thek jobs as part of the new policy. A 41-year-old guard was fired
recently al[er a 15-year-old girl at the juvenile jail accused him of molesting and raping her inside the
facility. The guard had a.prior felony conviction for burglary, robbery, forgery- and eonspkaey.
Journal, 5/2/99}
'"Cornell Corrections will no longer hire candidates with felony records as guards at the Santa Fe County
juvenile detention center .... However three guards working at the center who have prior felony
convictions will keep their jobs ..as part oft.he new nolicv, said Jack Godlesky Cornel % Vice President of
operations for the juvenile division. 'From this point on we won't hire individuals with felony records.
Clearly, we did some things without the county's knowledge. We made some asSUmptions we shouldn't
have. We should have informed the county and should have worked hand in hand with them'."
Journal, 5/11/99}
Cornell Hires W~den fired From the State Under Cloud of Misappropriation. Koswell Correctional
Center Warden Lawrence Barreras, who was placed on administrative leave with pay this month, denied
allegations of.financial impropriety. Barreras claimed that the action is part of the (Gov.) Johnson
Administration' s overall effort to remove obstacles to the privatization of the New Mexico prison system by
discharging administrators who have voiced public or private objections to Johnson's plan.
(NOTE: Barreras has since joined Comell Corrections, and has been lobbying in California for private-
prisons in that state.) {~q,~q,~jo, m,~ ~m/~7~ '
Jail warden was fired from state prisons pOSition. Lawrence Barreras, who quietly was hired in March as
the warden for the new Santa Fe County'Detention Center, was fired as head of a state prison in Koswell
two ~ears ago. Neither Barreras nor Comell Corrections, the private company that hired him, told Coumy
Manager David Wolf. Barreras had been accused of conspiring to misappropriate public funds for private
gain as well 'as other unspecified misdemeanors and felonies. Barreras was fired shortly after, ds and then
.went to work for'.Comell. {Th~ s~.t~ ~ N~ xa~~, ~a/~}
:
· :- On NOvember 10,' 1998 at the Comell mn Santa F e County Jail "... an inmate in the segregation pod
overpowered a guard and took his keys. The guard was able to lock the inmate in the pod. A SWAT team
quelled the disturbance with tear gas and bean bag bullets. The inmate, Fernando Herrera lost a
Local judge seeks investigation into Cornell run Santa Fe Detention Center: Judge Michael Vigil has
"... asked the Santa Fe County Sheriff's Department to investigate the Santa Fe jail and file a report.
concerning recent jail troubles. The judge is disturbed by rape charges leveled against guards in two
separate incidems in recent months. Vigil also was concerned by the fact that the juvenile jail had hired
several convicted' felons to supervise teen-age inmates. And Vigil said that more than once the adult jail
released inmates who should not have been freed?' {T~ S,nt, ~~ X~=~, ~a/~9}
When Cornell Corrections secured a bid to own and operate a Santa Fe Detention Center it was revealed
that, "...the jails design contract was awarded to an Albuquerque architectural fn-m whose marketing
director is former Santa Fe mayor Art Trujillo, a longtime state Democratic party leader. The.. CommisSion
later awarded a $100,000 construction contract to a local company owned by County Commissioner Javier
Gonzalez' s brother:In-law.'' (Th~ s~,t~ ~ ~ M~xi,~,
Santa Fe officials are seeking ways to cut their bill from the privately mn County Jail. The city had a
spending cap of $725,000 with Comell Corrections, Inc., bm spending has surpassed the cap by an
Prepared by the California Correctional. Peace Officers Association Legislative Department and Corrections USA
For reprints or more information contact Corrections USA 1-603-382-9707
-6-
estimated $200,000. A new jail contract is under negotiation.
State District Judge Glenn Ellington issued a 72-hour ultimatum to Santa Fe County Jail officials to change
the inmate-release policy or move inmates under his division to another jail. The jail, operated by Comell
Corrections, is under a contract with the Santa Fe County Commission. Defense attom?ys comend that for
the past several months Comell officials have not accepted handwritten release orders issued by the court
and hand-delivered to the jail by Santa Fe sheriff's deputies. (~u~q,~q~Jo, m~ sno/s~)
· :' Judge Orders Change in Jail Policy. A judge threatened to remove all inmates from Cornell's privatejail
because the com£~ny would not release inmates when ordered to do so by the courts. Comell Corrections
gets paid for every day an inmate is in their jail. {Ar~q,~q,, Jo,~ s/~0/s~)
·
Cornell Opposes State Certification Of Its Guards. Recent inmate riots at private prisons in New Mexico-
including the murder of a prison guard - underscores the need to have private prison guards trained to the
same level as state correctional officers. Cornell opposes this plan, saying their training is Sufficient and
state training would be too expensive. {~u~q,~q,~ Jo~,~ ~no/~}
Cornell Violated State Minimum Wage Act and Costs County Additional $80,000. The Santa Fe County
jail, once proposed as a money maker, has hit the county again in the pocketbook. Comell underpaid the
construction workers on its prison there. The workers will now receive about 20 cents on the dollar until.
this new fund is'exhausted. Cornell failed to pay prevailing wages to its workers, rrb, s~ ~w u~i~, ~0~/~
State District Court Judge Michael Vigil has ordered Comell Corrections to post $150,000 bond on behalf
of an inmate mistakenly released from Sauta Fe C°unty Jail in May. If the inmate, an undocumented
Mexican national facing felony charges, is not located in the next six months, the jail might forfeit the bond
money. Vigil said Cornell offered .no explanation for the release. "They couldn't explain why they let him
out. It wasn't like the paperWork was missing or anything like that. They just did it," he .said. (A~(~
1113/99)
PENNSYLVANIA:
Townspeople squared off in Philipsburg where a proposed private prison to house federal inmates is being
planned. The prison to be-owned and operated by Comell Corrections is the cemer of a heated public debate.
Morals Township Supervisor John Saggrese was angered that no public hearings had been held. '~i was told
last October there would be public meetings, and that didn't happen. All of a sudden I see it's here. We
didn't knoTM auything about it." In an_ attempt to quell' concerns Comell, VP Gary Henman stated that guards
receive, "... three ~eeks of intense training." {p~p.~ m~,u chi~f.~~ ~o~o~.wmi~m~ 4/~3/~)
(NO~: According to guidelines established by the Departmem of Labor's Bureau of Apprenticeship and
Training a CorrectiOnal Officer should receive. 520 hours of training, or 13 weeks, prior to being charged
with the unmpervised care, custody and control of an inmate. "National Guidelines For. Developing
.Local A~.prentieeship. Standards for the occupation of Correctional Officer~ Bureau of
Apprenticeship and Training U.S. Department of Labor, Certified January 29, 1998 Anthony
Swoope, National Director Bureau of A, pprentieeship and Training.) '
"The No. I criteria is good eommunity support. If we don't have that, wejust go elsewher~ " Tom
1Kathjerg Director of Development, Comell Corrections. {Journal-World, Lawrence Kanaas 4/27/99}
Prepared by the California Correctional Peace Officers Association Legislative Depamnent and Corrections USA
For reprints or more information contact Corrections USA 1-603-382-9707
-7-
.A citizens group has filed suit against the Bureau of Prisons to halt construction of a proposed 1,000 bed
private prison to be operated by Comell CorrectionS. "The lawsuit filed in U.S. District Court .... contends
that the Bureau of Prisons violated the National Environmental Policy Act of 1969 because it has not
completed an environmental impact study." ~c~,na~sTi~=,
Comell Corrections received a stop work order from the Federal Bureau of Prisons' on there proposed 1,000
bed prison slated to be built in ?hilipsburg. "The FBOP will conduct a re-evaluation of their environmental
documematio~ supporting the deeisio~ to award the contract."
Comell won a 342.7 million dollar contract to begin prison construction in Pennsylvania, but a number of
issues still need to be addressed. Lawyers for local residents point out that the surrounding towns have a
total of one full-time and one pm-time police 6fficer. When asked who would respond to a rio{ or escape,
Comell said that U.S. marshals will bear the prime legal responsibility, but concedes that state police Would
be called upon, too. Bureau of Prisons spokesman Todd K. Craig.stated that "They do ~ot derive authority
to operate from federal.law.., legal authority is between the contractor and the stat~ " ~ l'hilad~¥hia Inquirer,
7/l~/y~)
Attorney General Mike Fisher informed Cornell Corrections, Inc. that Pennsylvania law does not permit
private companies to own and operate private prisons within its borders, and ordered the company to Cease
construction of its prison in Clearfield County. Fisher stated "The federal contract makes it clear that this
private prison is not a federal facility. Rather, the contract directs Comell to Provide services at a facility .
that it both owns and operates. However, private companies are not allowed to own prisons under
Pennsylvania law - only government has that authority.." o,x~w~wk~,~a/~)
RHODE I~LA~D:
·
Co[nell Agrees To Alarm AFTER Escape. A security company will install an alarm system at the new jail
in (2entral Falls next week to alert residents about escapes or evacuations. Comell, the company that
operates the jail, agreed to install the approximately $2,000 alarm system after neighbors expressed
concerns about security during emergencies. {ProvidmeeJournal-Bull~'dn (RI)3/25/~4}
°1' Cornell Imports F~olent Murderers From Other States To Fill Prison Beds. Local residents discovered
Comell had imported 232 violem felons'from North Carolina into their little Khode Island town to make the
prison more profitable. This shocked the locals because they .had been promised the prison would hold
white-collar and non-violent prisoners. Oq~ ¥o~k ;~=,
·
· l, Cornell Fails To Install Alarm. A prison official for the Comell prison in central Fails vowed yesterday to
"do my best" to have an alarm installed outside the Wyatt Detention Facility to warn neighbors of escapes
and future ~mergenc'~es. ' Although the Company had three alarms tested, none was loud enough, according
to the official, so the Corporation abandoned the search for a suitable system.
UTAH:
Comell CorrectionS has been hired to build and manage Utah's first private prison. In New Mexico, state
officials forced Comell to pay guards back wages because they were paict below State standards. In April, a
male guard at a New Mexico jail mn by Comell was arrested on charges he raped a male prisoner. ]~arlier
that month, Cornell officials were forced to admit that three guards hired at a juvenile facility in Santa Fe
had criminal records. In 1998, inspectors for the Georgia Dept. of Corrections found lax security and filthy
Prepared by the Ca~f_' ornia Correctional Peace Officers Association Legislative Department and Corrections USA
t~or reprints or more information contact Corrections USA 1-603-382-9707
-8-
conditions at a Comell facility, me State's first privately owned prison mso discovered were inadequate
medical facilities, poor record keeping and inmate tracking, and non-certified officers patrolling the prison'
perimeter. Man~ Weibe, Comell's senior vice president for development, stated "We design ourprison~
to reduce staff and our benefits obviously do not match government benefits. That's one area where we
can find savings." (s~t ~'rn'b,m~, 7/5/99)
VIRGINIA: .. '
**.'. Cornell Corrections gave money directly to Richmond, VA city councilman, Leonidas Young, who has
since been indicted on five additional federal criminal charges, including money laundering. Cornell had '
sought to build a private prison in the city.
·
Keep It Professional, Keep It Public
Publi. c Safety Is Not For Sale
..
Prepared by the Califo~a Correctional Peace Officers Association Legislative Department and Corrections USA
For reprints or more information contact Corrections USA 1-603-382-9707
Citizens for a Private Prison Free Peninsula
If you care about your community, you should educate yourself. Here are some things you won't hear at this
meeting - but it was easy to find. We provide the information for your information and in the hopes you will not
allow a few politicians to make money at the expense of our quality of life!
This information is from Dr. Terry Pelz. He has over twenty-four years of varied criminal justice experience. Upon
receiving his bachelor's degree in criminal justice, he went to work for the Texas Department of Criminal Justice-
Institutional Division. He rose through the ranks from correctional officer to assistant warden. Leaving state
government, he entered into private business serving as operations director for a private sector corrections
company.
Today, he is an independent criminal justice consultant and a nationally recognized expert on private sector
corrections, his advice on this industry has been sought after by government officials and private corrections
companies.
Private sector corrections do not save taxpayer money. In fact, it .has been shown that for the most part, allowing
private corrections companies to house local, state and federal prisoners costs more than government operated
jails and prisons. Companies touting their experience in treatment and rehabilitative programs have failed to deliver.
In most, if 'not all, compliance reports of facilities run by these companies, severe staff shortages have contributed
to a climate of idleness and violence among the inmates. Promised programs fail to materialize. These companies
are known for not filling vital security positions in order to save money. Turning this government function over to
private industry has been a miserable failure. Politicians, both Republican and Democrat, are having a second look.
Even regulating officials have been on the payroll. This official resigned in disgrace while the company was not
sanctioned. Ethics? S_peaking of ethics. Private Corrections companies are big political contributors and have
poured large amounts of money into political coffers.
PROBLEMS THAT CONSISTENTLY PLAGUE PRIVATE CORRECTIONS Adult and Juvenile facilities The below
problems have been identified from reports and numerous news articles about the industry compiled since August,
1997. There is no doubt public prisons have similar problems, however, it is seen by many that private corrections
offer no comparable savings to the taxpayer. Neither are they viewed as a universal remedy for what ails the
system. If private corrections receives the cream of the crop, then the totality of conditions should provide a safer
and more secure environment.
· Low-bailing bids
· Exaggerated correctional experience
Failure to fulfill contractual obligations
· Corruption of public officials
· Offender on offender violence
· Offender homicides
· Multiple escapes
· Riots
· Disturbances
Staff assaults
· Bribery
· Offender/staff sex
· Gangs
· Flawed classification systems
· RaCial tensions
· Little or no meaningful programming
· Offender idleness
· Poor facility design
· Poor food
· Physical and mental abuse of offenders
· Illicit drug use
· Very poor staff pay
· Substandard staff training
· Extremely high staff turnover
· Co-optation
· Inconsistent rule enforcement
· POor internal and external monitoring
Other Information You Should Know...
Statistics (Public v. Private) co ENTRY LEVEL SALARY (AVERAGE)
Public
$21,246
CO TURNOVER ILATE (AVERAGE)
Public Pfivat~i
14.90% 41::20%
The following companies represent the lion's share of the for-profit private sector corrections industry. Some are
publicly traded and others are privately held.
Corrections. Corporation of America (Prison Realty Trust)
The world's largest private sector corrections company, CCA has had major operational problems the past couple
of years. The company split into two companies, CCA and Prison Realty. CCA then became the operator and
lessee of prison facilities owned by its parent, Prison Realty, a REIT. Shareholders have seen their stock plummet
over the past couple of years. In duly ~ 998, six inmates, mostly murderers, escaped from CCA's Youngstown, Ohio
facility. An inmate alerted prison personnel of the escape committed in broad daylight. That episode, along with
numerous others, set the stage for private prison stocks to tumble in the followino months.
Wackenhut Corrections Corporation
Always trying to unseat CCA as the largest private prison operator, Wackenhut Corrections' reputation has soured
because of continued poor performance at the faCility level, both adult and juvenile. Corporate officers are
handsomely compensated while line staff at the facility earn very Iow waGe*s.
CiviGenics
Probably one of the better private corrections companies. This privately held concern has seen much expansion the
past couple of years. Some minor troubles from time to time but they are quick to fix those problems. Recently,
however, their facility in Ohio has come under heavy fire for housino violent offenders when the mission was to
house DWI offenders. This has angered local citizens. Much of their corporate staff is corrections oriented, one
officer having been a former state corrections commissioner.
Cornell Companies
A slick brochure of a company, Cornell Corrections, now known as Cornell Companies, has few corporate
officers skilled in corrections. Cornell is noted for its fluff pieces extolling their altruism. Cornell carries a
heavy debt load and earnings are off.
This information was found (along with other links that will better educate you on the dangers of a
private prison in our community) at: http://www, cjconsultant, com/
Educate yourself and don't be manipulated! Find the facts and then you'll know why we take so
much time and trouble to do the research. We love our community and truly believe this would
destroy it!
Citizens for a Private Prison Free Peninsula
Email comments to' wefo85~hotmail, com
PUBLIC SAFETY &
JUSTICE CAMPAIGN
Cornell Problems
5/18/00: Hinton prison levied $304,375 fine for lax security
Gordon Flud's recent escape from the Great Plains Correctional Facility didn't turn out too well for him - or his
prison. Flud, 44, jumped fences, avoided razor wire and climbed down the prison administration building's rain
spout to freedom. Dub it the $300,000 escape.
The Caddo County prison, which has a capacity of 812, housed 711 inmates as of Tuesday. The Hinton Economic
Development Authority owns the private prison. Cornell Corrections Inc. operates it. In a four-page letter dated
May 10, the corrections department's private prison administrator, Dennis Cunningham, informed Calbone and
economic development authority Chairman Eldon McCumber of the penalty. According to the letter, corrections
officials made recommendations to improve security after an inmate escaped in December 1998.
Like the first escapee 16 months before, Flud "was able to exit the facility via the administration building roof
because all of the security upgrades and improvements.., had not been made," Cunningham wrote.
By Bobby Ross Jr., THE DAILY OKLAHOMAN
4/30/00: Halfway house faces suit
http ://www. ad n.com/storiesFF00050115.html#A1
Just weeks after one lawsuit was settled, another has been filed against Cornell Corrections Inc. for its operation
of a Bethel halfway house in Alaska. This time the state is also a defendant. The new lawsuit, filed in Bethel
Superior Court, claims negligence led to the rape of a woman by a former boyfriend who walked away from Tundra
Center. The state Department of Corrections was named as a defendant because Cornell operates Tundra Center
under a state contract, the Tundra Drums newspaper reported. Cornell earlier settled a lawsuit over poor living
conditions at the center. Plaintiffs received more than $100,000 in the settlement, whose exact terms were not
made public. Lawyers Jim Valcarce and Chris Cooke claim that their client was raped as a result of negligence.
Leonard Olrun has been charged with first-degree sexual assault. The lawsuit claims'that Corrections and
Cornell knew as far back as 1998 that the security and monitoring systems at Tundra Center were not
adequate to handle violent offenders. Olrun was placed in the minimum-security facility by the state to finish out
his jail time for a 1998 domestic violence assault against the woman.
4/16/00. Halfway house, residents reach suit settlement
Residents of a Bethel halfway house have settled a lawsuit against the center's former and current operators that
alleged substandard living conditions. The Tundra Center's settlement with AIIvest Inc. and parent company
Cornell Corrections was more than $100,000, said Jim Valcarce, an attorney for the plaintiffs. He would not reveal
the exact figure. In 1998 Valcarce and another Bethel lawyer filed suit against Tundra Center on behalf of 63
former residents of the state-funded halfway house. The lawsuit sought damages for the residents on what
Valcarce called appalling living conditions at the center. The legal action alleged that toilets in the center were
overflowing, broken windows were not repaired during winter and residents were served contaminated food
The Associated Press ·
1/23/00: Hefty Cost Endangers Prison Plan
Legislative leaders have decided to take a long second look at privatized corrections, a move that could
cripple, if not kill, plans for construction of Utah's first private prison in Tooele County. The Department of
Corrections has been negotiating with Cornell Corrections, a Houston-based company, to build the 500-bed Tooele
prison, but Senate President Lane Beattie on Tuesday balked at the price tag - more than $62 a day per inmate.
Utah currently pays $38 a day to house each of about 900 inmates in county jails, although a 1998 report by Utah's
legislative fiscal analyst puts the figure closer to $50 when hidden transportation and oversight costs are
included.
·
Only two years ago, Beattie, R-West Bountiful, was one of the state's leading supporters of privatized corrections,
prodding Gov. Mike Leavitt to consider privatizing a women's prison, a plan that ultimately failed. But on Tuesday,
after meeting with Corrections Director Pete Haun, Beattie asked Utah's legislative auditor general to re-examine
the state's need for a private prison.
BY GREG BURTON, THE SALT LAKE TRIBUNE
Arguments Against Contractin_cl
1. ?ro_Drie _ty
a. Contracting for imprisonment involves an improper delegation to private hands of coercive power
and authority. '
b. Contracting may put profit motives ahead of the public interest, inmate interests, or the purposes
of imprisonment.
c. Contracting prisons raises legal questions about the potential use of deadly force.
d. Contracting creates conflicts of interest that can interfere with due process for inmates.
e. Contracting may face legal obstacles in some jurisdictions.
f. Contracting threatens the jobs and benefits of public employees; it is antilabor.
g. Contracting may threaten corrections officers' sense of authority and status, both inside and
outside the priSon.
2. Cost
a. Contracting is more expensive because it adds a profit margin to all other costs.
b. Contracting creates the special costs of contracting' initiating, negotiating, and managing
contracts, and monitoring contractor performance.
c. Contracting may cost more in the long run as a result of"lowballing"--initial Iow bids followed by
unjustifiable price raises in subsequent contracts.
d. Contracting may cost more in the long run if high capital costs inhibit market entry and restrict
competition.
e. Contracting lacks effective competition in "follow-on" contracts, which are commonplace.
f. Contracting costs the government extra for the termination, unemployment, and retraining of
displaced government workers.
g. Contracts with cost-plus-fixed-fee provisions provide no incentive for efficiency.
h. Contracting may have a higher initial marginal cost than would expanding government services.
3. Quality
a. Contracting may reduce quality through the pressure to cut corners economically.
b. Contracting may "skim the cream" by removing the "best" prisoners and leaving the government.
.prisons with the "worst," which will spuriously make the private prisons look better by comparison.
c. Contracting will decrease the professionalism of rank and file prison employees because they will
be underpaid and insecure and thus not able to develop a career orientation.
4. Quantity
a. Contracting creates incentives to lobby for laws and public policies that serve special interests
rather than the public interest; in particular, private prison companies may lobby for more imprisonment.
b. Contra(~ting, simply by expanding capacity and making imprisonment more feasible and efficient,
may unduly expand the use of imprisonment and weaken the search for alternatives.
c. Contracting on a per prisoner, per diem basis gives private wardens an incentive to hold prisoners
as long as possible.
d. Contracting creates a kind of underground government, thus adding to total government size.
5. Flexibility
a. Contracting maY limit flexibility by refusal to go beyond the terms of contract without renegotiation.
b. Contracting may be stopped in advance, or suddenly reversed in midstream, by adverse public
reaction, legal challenges, partisan politics, or organized opposition by interest groups, including public
employee unions.
c. Contracting reduces ability to coordinate with other public agencies (police, sheriff, probation,
parole, transportation, maintenance, and the like).
6. Security
a. Contracting may jeopardize public and inmate safety through inadequate staff levels or training.
b. Contracting may limit the ability of the government to respond to emergencies, such as strikes,
riots, fires, or escapes.
c. Contracting increases the risk of strikes, which may not be illegal for contractor pers°nnel.
d. Contracting may cause high employee turnover at transition.
7. Liability
a. Contracting will not allow the government to escape liability.
b. Contracting may cost the government more by increasing its liability exposure.
c. Contracting shifts risk away from the government, which is the party best able to bear it.
8. Accountability
a. Contracting reduces accountability because private actors are insulated from the public and not
subject to the same political controls as are government actors.
b. Contracting diffuses responsibility; government and private actors can each blame the other.
c. Contracting may encourage the government to neglect or avoid its ultimate responsibility for
prisons; supervision may slacken.
d. Contracting reduces accountability because contracts are difficult to write and enforce.
9. Corruption
a. Contracting brings new opportunities for corruption (i.e., political spoils, conflict of interest, bribes,
kickbacks).
10. Dependence
a. Contracting lowers the government's own capacity to provide services, which makes it dependent
on contractors.
b. Contracting carries the risk of bankruptcy by the vendor.
c. Contracting may involve exclusive franchises that simply replace Public monopolies with private
monopolies.
SOURCE: Charles H. Logan (New York: Oxford University Press, 1990), pp. 41-48
February 21, 2000
Growing financial woes for private prison firms could
,create Wisconsin inmate housing crisis
Madison-- The Tennessean newspaper reported on Friday, February 18 that Prison Realty provided a
"bleak financial picture" in its February 17, 2000 filing with the Securities and Exchange Commission.
The news comes on the heels of ongoing financial woes for Prison Realty Trust, Inc.--a real estate
investment trust--and its sister company, the Corrections Corporation of America. Wisconsin has 3,550
inmates in CCA managed facilities--some of which are located in Prison Realty owned out-of-state
facilities.
Getahn Ward, of the Tennessean, reported that, "Prison Realty has broken terms of its loan agreements
.With creditors" and that Prison Realty stated CCA, its primary tenant, has failed to make certain
payments which recently were due to Prison Realty. In addition, Prison Realty faces several shareholder
'lawsuits alleging the corporation made false statements to investors concerning year-end dividends--thus
artificially inflating the value of the corporation's stock. The bumpy ride for the two corporations Was
exacerbated over the last year as real estate investment trusts fell out of favor with investors. In
December of 1999, the companies announCed a re-merger plan and pursued outside investors to
confront liquidity problems.
'q'he financial problems of CCA and Prison Realty demonstrate the inherent danger of
Contracting out for prison beds with private firms," said State Senator Gwendolynne S. Moore. "If
these companies were to fold, Wisconsin could face an immediate prison crisis with thousands
of inmates sitting in facilities out-of-state. I'm curious to know what contingency plan the
Department of Corrections has developed should this scenario occur,"
The Senator also spoke about pressures on lawmakers to buy or lease the speculative prison recently
constructed in Stanley, Wisconsin without prior legislative approval. "Let me reemphasize that we cannot
build, buy, lease, or contract our way out of the prison overcrowding issue. The time is long overdue for
an increased commitment to crimo prevention and cheaper alternatives to incarceration such as
intermediate sanctions, halfway houses, and electronic monitoring. Public safety., rehabilitation, and cost
effectiveness are compatible and attainable goals."
In other breaking news, Senator Moore was pleased with the recent announcement that the State of
WiSconsin Investment Board (SWIB) decided to sell off its remaining 200,000 shares of stock in Prison
Realty Trust, Inc. In January, Senator Moore requested that SWlB divest from the corporation due to
conflict-of, interest concerns caused by the investment.
"I'm extremely pleased with the Investment Board's decision to sell its stocks in Prison Realty," said
Moore. "The prior investment gave the appearance that there was a financial incentive for Wisconsin to
contract for private prison beds at Prison Realty facilities because of the state's stake in the corporation."
Earlier this month, the Senator introduced Senate Bill 379, which would prohibit the Investment Board
from investing funds in companies that have contracts with the Department of Corrections to confine
Wisconsin inmates. The bill awaits a public hearing in the Senate's Committee on Privacy, Electronic
Commerce and Financial Institutions.
SWIB, however, has slowly been selling off its stake in Prison Realty as the stock's value has plummeted
to less than 25% of its original purchase price. All totaled, SWlB lost approximately $18 million on the
Prison Realty investment. Prison Realty was formed by executives with ties to CCA in 1998 as a real
estate investment trust under the Internal Revenue Code. Prison Realty Trust owns 21 prison and
detention facilities. This arrangement allows CCA to manage and lease many of the facilities owned by
Prison Realty. According to Prison Realty, the "split" between the two corporations was meant to
facilitate raising capital for ongoing prison building and expansion.
Corporate Prison Spin Doctor Faces
Ethics Charges
By Alex Friedmann
Prison Legal News
Much of the statistical and academic information regarding prison privatization that is reported in the media - and
relied upon by lawmakers to decide whether to contract with private prison companies - has come form Charles
W. Thomas, director of the Private Corrections Project at the University of Florida, Gainesville. But Thomas now
faces ethics charges for his substantial holdings in the private prison industry, which also funds his project.
The Private Corrections Project receives funding from Corrections Corporation of America (CCA), Wackenhut,
Comell and Securicor, that amounts to $50,000 to $60,000 annually. The money is channeled as unrestricted
donations through the University of Florida Research Foundation. Documents supplied by the University indicate
that the Project received more than a quarter million dollars between 1990 and 1996; according to Dr. Thomas the
amount was more than $400,000.
in an interview with The National Times, Thomas admitted he had money invested in "substantially all" of the
private prison companies, but refused to say how much. On April 25, 1997, the ~all Street Journal reported that
Thomas was being named a board member of the Prison Realty Trust; he receives an annual salary of $12,000
with options to buy 5,000 shares of stock. The chairman of Prison Realty, Doctor R. Crants, is also the chairman
and CEO of CCA. CCA merged with Prison Realty Trust on January 1, 1999.
According to a Prison Realty document filed with the SEC, "Charles W. Thomas, a member of the Prison Realty
Board and a director of New Prison Realty, has performed and will continue to perform, certain consulting
services in connection with the merger for a fee of $3 million."
Ethics complaints have been filed against Dr. Thomas due to his financial involvement with the private prison
industry while conducting research in that field. "There is probable cause to believe that Dr. Thomas violated
(ethical standards) by having a contractual relationship with private corrections companies or companies related to
the private corrections industry, which conflict with his duty to objectively evaluate the corrections industry
through his research with the university," said Kathy Chinoy, chairperson of the Florida Commission on Ethics.
According to Eric Scott of the Florida Attorney General's Office, Thomas' "contractual relationships with (Prison
Realty Trust) created a situation which could tempt dishonor. Because the results of (his) research can have such a
profound effect on the private prison industry, (he) is in a position where his private economic interests and his
public duty overlap in a manner which could lead to a diSregard of his public duty. In other words, (he) could be .
tempted to alter the results of his research in an effort to maintain or increase his private economic benefit."
On April 16, 1999, Thomas agreed to settle the ethics complaints and offered to pay 'a $2,000 fine and resign as
director of the Private Corrections Project. He wanted to maintain his board position with Prison Realty and does
not admit any wrongdoing. But on June 3, 1999, the Florida Commission on Ethics rejected Thomas' settlement
offer and is considering harsher punishment. Thomas faces up to $30,000 in fines and a loss of his university job.
Sources: The National Times, September 1996; The Wall Street Journal, April 25, 1997; Prison Privatization
Report Int'l, September 1997, November/December 1998; Corrections USA press release, October 1998.
COUNCIL ON AGING
November 7, 2000
ll:00am
Call Meeting to Order
Agenda Approval
Minutes from Prior Meeting
Sched~ed Public Comment:
Steve Aslmaan - Alas~ Housing Finance
Corporation (AHFC)
Old Business:
1. Central Area Rural Transit System (CARTS)
New Business:
®
Thanksgiving
la. Unocal/Agrium Lunch
lb. Thanksgiving Day Potluck
Persons Wanting to be Heard:
COUNCIL ON AGING
11:00 A.M.
NOVEMBER 7, 2000
KENAI SENIOR CENTER
ITEM 1.
CALL TO ORDER/h ROLL CALL
Chairman Jones called the meeting to order at 11'00 a.m. and the roll was taken as
follows:
Present;
Absent:
Others Present:
Hollier, Jones, Enfield, Nelson, Fields, and Wilson
Huddleston, Jurgensen, and Meeks
Councilwoman Porter; City Clerk Freas; Senior Director Kelso;
Alaska Housing Finance Steve Ashman; Bonnie Juliussen;
Kenaitze Indian Tribe; Pauline Spaulding; Kathleen Ethier; Sylvia
Johnson
ITEM 2' AGENDA APPROVAL
ITEM 3:
,,,
APPROVAL OF MINUTES -- September 14, 2000
MOTION:
Member Hollier MOVED to approve the agenda and minutes of the September 14,
2000 Council on Aging meeting as presented and Member Enfield SECONDED the
motion. There were no objections. SO ORDERED.
ITEM 4:
SCHEDULED PUBLIC COMMENT
4-a. Steve Ashman, Alaska Housing Finance Corporation -- It was
explained Mr. Ashman had been invited to speak to the membership regarding funding
available for assisted living facilities. Ashman reported two $25,000 grants had been
received from the Kenai/Soldotna area to research the feasibility of building assisted
living facilities. Both found them not to be feasible for senior assisted living.
He also indicated they have available yearly grants to non-profits and local
g0vemments to investigate feasibility for development of senior housing. This year the
grants were for $20,000 and they received lots of inquiry and several applications,
including Sterling, Nikiski and Cooper Landing Senior Centers and Heritage Place.
Ashman explained he hoped they would look at the market and pool their money to
research the whole area for all types of senior housing (both independent and assisted
living). Ashman explained the applications are made available in August of each year
with the deadline in November. Grant awards are then made in January. Of the
COUNCIL ON AGING MEETING
NOVEMBER 7, 2000
PAGE 1
eleven grant applications received statewide, seven were not responsive. He indicated
that if those non-responsive applications could not be made responsive, through
corrections, etc., applications may be available again in January. He noted he would
contact Kelso if the application period is reopened.
Ashman also explained, of the senior housing facilities within the state, only those in
Petersburg, Kenai, Barrow and Valdez are owned by the municipality and all were
built before 1987 when the funding was a direct appropriation from the state. AHFC
now requests their grant funds through the Governor's budget from the Legislature.
Discussion followed at which time the following items were noted:
· The average monthly cost for assisted living facilities is $2,800 to $3,200
and of that, some of the costs may be paid through Medicaid.
· Costs for independent living, assisted living, or skilled care facilities can
vary greatly because of the level of care given at each facility. However, compared to a
nursing home facility, assisted living facility costs are much lower.
Grants are available through AHFC for planning/design which could be
acquired by the city to use for developing a 20-unit addition to the Senior Center and
of the units, some could be designed for both assisted and independent living. Then
the units could be used for independent living as a back-up plan for use of the facility.
· Lots of desire exists to have an assisted living facility in Kenai, but not to
have an assisted living facility hooked onto a nursing home.
· If the city applied for a building grant, it could fund the upfront
predevelopment costs that are reimbursable. Applications will come available next
August and grant decisions are made in December. Grant funds would then be
available in July 1, 2002. The City could receive much higher scores (on grant
applications) if a new facility is added to an existing facility.
· Because there is no debt to retire with the present Kenai senior housing,
the monthly rental rate of the apartments is minimal. If a loan is received for new
apartments, the rental rates for those apartments could be approximately $1,000.
The only restrictions AHFC places on their loans for senior housing is
that it must be accessible and no one under 60 years of age may reside in the unit.
Also, the mortgage must be paid and they need to be designed/available in
concurrence with the Fair Housing Act.
*It was noted after the meeting that it would be possible to pool grant funds that could
be available to the city and other sources such as the Kenaitze Tribe and that if any
AHFC money was used, there could be no restrictions as far as ethnicity.
ITEM 5:
,,,
OLD BUSINESS
5-a. Central Area Rural Transit System (CARTS) -- Kelso reported the CARTS
program was up and running and they had $50.00 ride coupons for sale.
COUNCIL ON AGING MEETING
NOVEMBER 7, 2000
PAGE 2
ITEM 6' KEW BUSINESS
6-a. Thanksgiving-- Kelso announced she was looking for volunteers to help with
the Unocal Thanksgiving dinner, as well as baking turkeys for the Center's
Thanksgiving potluck. Those interested should contact her.
ITEM 7: PERSONS WAITING TO BE HEARD -- None.
ITEM 8: ADJOURI/MENT
MOTION:
Member Hollier MOVED to adjourn the meeting. There were no objections.
ORDERED.
SO
The meeting adjourned at approximately 12'00 Noon.
Minutes transcribed and prepared by:
Carol L. Freas, City Clerk
COUNCIL ON AGING MEETING
NOVEMBER 7, 2000
PAGE 3
KENAI AIRPORT COMMISSION
NOVEMBER 9, 2000
Kenai City Council Chambers
7:00 P.M.
'"AGENDA'**
ITEM 1' CALL TO ORDER/k ROLL CALL
ITEM 2'
,
AGENDA APPROVAL
ITEM 3'
APPROVAL OF MINUTES -- October 12, 2000
ITEM 4: PERSONS SCHEDULED TO BE HEARD
ITEM 5' OLD BUSINESS
Discussion -- Local Radar
ITEM 6: NEW BUSINESS
a.
Introduction - - Robert Brooks, Newly Appointed Air Traffic
Maria§er/Kenai Tower
ITEM 7: REPORTS
Commission Chair
Airport Manager
City Council Liaison
ITEM 8:
COMMISSIONER COMMENTS AND OUESTIONS
ITEM 9' PERSONS NOT SCHEDULED TO BE HEARD
ITEM 10: INFORMATION ITEMS
Kenai City Council Meeting Action Agendas for October 4 and 19, 2000.
ITEM 11:
ADJOURNMENT
KENAI AIRPORT COMMISSION
KENAI CITY COUNCIL CHAMBERS
NOVEMBER 9, 2000
7:00 P.M.
VICE CHAIR RONALD HOLLOWAY, PRESIDING
MINUTES
ITEM 1'
CALL TO ORDER/h ROLL CALL
Vice Chair Holloway called the meeting to order at 7'00 p.m. The roll was taken as
follows'
Present:
Absent:
Others Present:
Haralson, Van Zee (arrived at 7:12), Kleidon, Holloway, O'Reilly
Knackstedt, Bielefeld
Councilwoman Swarner, Airport Manager Cronkhite, Contract
Secretary Kellerby
ITEM 2-
AGENDA APPROVAL
MOTION:
Commissioner Kleidon MOVED to approve the agenda as presented and Commissioner
O'Reilly SECONDED the motion. There were no objections. SO ORDERED.
ITEM 3:
APPROVAL OF MINUTES-- October 12, 2000
MOTION:
Commissioner Kleidon MOVED to approve the minutes of October 12, 2000 as
presented and Commissioner O'Reilly SECONDED the motion. There were no
objections. SO ORDERED.
ITEM 4:
PERSONS SCHEDULED TO BE HEARD - None
ITEM 5:
OLD BUSINESS
Discussion -- Local Radar
Commissioner Haralson reported on the status of local radar. He noted the FAA
Administrator was directed to develop a plan for the implementation of terminal airport
radar surveillance throughout the country; specifically Level 1 towers. The Kenai
Airport has been identified in this effort, was validated by the national headquarters,
they are now waiting on funding and it is possible the addition of the radar could take
place in 2003. Haralson recommended, if there is desire to move faster on this the City
of Kenai could address a letter (with supporting documents from user groups) to the
Regional FAA Administrator so efforts can be made to elevate the project within the
FAA's priority list. His second recommendation was to do the same process, but
instead of contacting the FAA Administrator, contact Senator Stevens and request it be
added to an appropriations bill. It was agreed for Commissioner Haralson and the
Airport Manager to draft a letter to bring to Council for approval.
ITEM 6.
NEW BUSINESS
Introduction: Robert Brooks, Newly Appointed Air Traffic Manager/Kenai
Tower
Commissioner Kleidon introduced Robert Brooks, the new Kenai Tower Air Traffic
Manager, to the Commission. Brooks gave a brief background on his experience.
noted that he would, most importantly, be working on safety issues.
Hc
ITEM 7: REPORTS
Commission Chair No report.
7-bo
Airport Manager--No report.
7-c. City Council Liaison -- Councilwoman Swamer reported on a safety issue
noted in the Peninsula Clarion as to whether or not the Fire Department should
inspect Day Care facilities and homes. She also reported the Council was getting ready
for their Economic Forum to held in February.
ITEM 8:
COMMISSIONER COMMENTS/QUESTIONS
Commissioner Van Zee asked what was being done to rent the old space at the airport
where Alaska Best Travel had been situated. There was discussion on some interests
currently being reviewed for this space. The Commission agreed to approve a gift shop,
etc. generically for this space so that as soon as it was decided by the Airport Manager,
it could go to Council for their approval.
MOTION:
Commissioner Haralson MOVED to approve that this space be rented as a gift
shop/coffee barn generically as presented and be submitted to Council for their
approval. Commissioner Bielefeld SECONDED the motion. There were no objections.
SO ORDERED.
ITEM 9'
PERSONS NOT SCHEDULED TO BE HEARD - None
ITEM 10:
I17FO~TION ITEMS
ITEM 11'
ADJOURNMENT
AIRPORT COMMISSION MEETING
NOVEMBER 9, 2000
PAGE 2
MOTION:
Commissioner Ha_raison MOVED to adjourn and Commissioner Van Zee SECONDED
the motion. There were no objections. SO ORDERED.
The meeting was adjourned at 7:35 P.M.
Minutes transcribed and prepared by:
Susan Kellerby, Contract Secretary
AIRPORT COMMISSION MEETING
NOVEMBER 9, 2000
PAGE 3
KENAI LIBRARY COMMISSION
KENAI COMMUNITY LIBRARY ACTIVITY ROOM
NOVEMBER 7, 2000
7:30 P.M.
AGENDA
ITEM 1'
ITEM 2:
ITEM 3'
ITEM 4:
ITEM 5'
ITEM 6'
a.
ITEM 7:
ITEM 8'
ITEM 9:
ITEM 10:
CALL TO ORDER/h ROLL CALL
, ,
AGENDA APPROVAL
APPROVAL OF MINUTES October 3, 2000
PERSONS SCHEDULED TO BE HEARD
REPORTS
Director
Friends of the Library
City Council Liaison
OLD BUSINESS
Discussion-- Goals & Objectives
Discussion -- Library Expansion
NEW BUSINESS
COMMISSIONER COMMENTS/QUF~TIONS
INFORMATION
Kenai City Council Action Agendas of October 4 and 19, 2000.
Accomplishments of 1999-2000.
ADJOURNMENT
KENAI LIBRARY COMMISSION
KENAI COMMUNITY LIBRARY ACTIVITY ROOM
NOVEMBER 7, 2000
7:30 P.M.
CHAIR BOB PETERS, PRESIDING
MINUTES
ITEM 1'
CALL TO ORDER/h ROLL CALL
Chairman Peters called the meeting to order at 7'35 p.m.
follows'
The roll was taken as
Present'
Absent'
Others Present:
Brown, Peters, Brenckle, Amen, Rodes
Heus, Forbes
Librarian Jankowska, Councilman Moore,
Kellerby
and Contract Secretary
ITEM 2:
AGENDA APPROVAL
MOTION:
Commissioner Brown MOVED to approve the agenda as presented and Commissioner
Brenclde SECONDED the motion. There were no objections. SO ORDERED.
ITEM 3'
APPROVAL OF MINUTES -- October 3, 2000
MOTION:
Commissioner Brown MOVED to approve the minutes of the October 3, 2000 meeting
and Commissioner Brenckle SECONDED the motion. There were no objections. SO
ORDERED.
ITEM 4:
PERSONS SCHEDULED TO BE HEARD -- None
ITEM 5: REPORTS
5-a. Director - Director Jankowska reported on the annual State Library Directors'
meeting she attended in Girdwood and noted presentations were given by Father
Michael Oleksa, a Russian Orthodox priest who made tapes on native cultural
communication and Lotsee Patterson, a member of the Comanche Tribe and Library
School Professor. After the presentations, the library directors developed guidelines on
how to be more responsive and culturally sensitive for the Alaska public libraries. She
also reported they had finished the Prime Time reading program which had an average
of 50 people in attendance and was a great success. She also passed out and reported
on the Library Statistics for October.
5-b. Friends of the Library - Commissioner Brown reported on the raffle's success.
The Holiday Open House will be December 14 from 4'00 - 7"00 p.m.
5-c. City Council Liaison - Councilman Moore reported on the Kenai City Council
Action Agendas included in the packet. There was discussion on a question that
Commissioner Rodes asked about the $6,300 appropriation for a Library Grant noted
on the October 4 Kenai City Council meeting agenda.
ITEM 6:
OLD BUSINF~S
Discussion -- Goals & Objectives
The Commission discussed the Goals and Objectives draft for 2000/2001 included in
the packet. They agreed to add Objective 2: Promote recruitment of library volunteers
to support library staff and Objective 13' Adapt strategies and procedures to include
culturally sensitive library practices.
MOTION:
Commissioner Brenckle MOVED to approve the Kenai Library Goals and Objectives
draft for 2000/2001 with the two additions recommended as the final Goals and
Objectives and Commissioner Brown SECONDED the motion. There were no
objections. SO ORDERED.
6-b. Discussion - - Library Expansion
The Commission discussed library expansion. They agreed to have a small committee
meet with the architect and review the plans for expansion. They also agreed to add a
survey that Bob Peters reported on for library expansion to the next Commission
meeting packet.
ITEM 7:
NEW BUSINESS -- None
ITEM 8:
COMMISSIONERS COMMENTS/OUESTIONS
Commissioner Rodes reported she may not renew her Commission term when it ends
in a month. The Commission thanked the Friends for their great work and dedication
to the raffle. Councilman Moore also commented that the KCHS cheerleaders have
volunteered to help shelve books.
ITEM 9:
INFORMATION
Kenai City Council Action Agendas of October 4 and 19, 2000.
Accomplishments of 1999-2000.
The Commission discussed the accomplishments included in the packet and agreed to
add the title, Kenai Community Library Accomplishments for 1999-2000. They agreed to
have these included behind the Goals and Objectives and submitted to the City Council
for approval.
LIBRARY COMMISSION MEETING
NOVEMBER 7, 2000
PAGE 2
ITEM 10-
ADJOURHMENT
MOTION:
Commissioner Brown MOVED to adjourn and Commissioner Brenckle SECONDED the
motion. There were no objections. SO ORDERED.
The meeting was adjourned at 8:20 P.M.
Minutes transcribed and prepared by:
Susan Kellerby, Contract Secretary
LIBRARY COMMISSION MEETING
NOVEMBER 7, 2000
PAGE 3
KIgNAI COMMUNITY LIBRARY
GOAL~ ~ OBJECTIVES
2000/2001
Objective 1:
Objective 2:
Review and implement building plan of the library annually.
Bring facility into compliance with Americans with Disabilities Act
of 1994.
Continue to support expansion of library facilities.
Objective 1:
Objective 2:
Objective 3:
Objective 4'
Objective 5:
Objective 6:
Objective 7:
Objective 8:
Objective 9:
Objective 10'
Objective 11:
Make recommendations to the Library and Council to improve
library services and continue to provide quality services to the
citizens of Kenai as measured by the City of Kenai and Library
Patron Survey.
Maintain current library hours including Sunday hours.
Promote recruitment of library volunteers to support library staff.
Support the Friends of the Library in its efforts to increase
community and corporate support of the library and its services.
Promote state/city funding to support in interlibrary loans.
Continue to expand communications and access to other libraries
and resources via computer networking, telecommunications, and
federal grants.
Continue to promote mini-workshops to enable patrons to become
familiar with various services and electrOnic technologies.
Continue to promote utilization of facilities by library-related
groups.
Continue recognition of efforts made by volunteers and paid staff.
Increase public awareness of the library and its services through
local media.
Continue the usage of commercial services and the addition of loan
programs to include compact audio discs, computer software,
books on tape, and educational video cassettes.
Promote funding for needed reference services.
11/7/2000
Objective ! 2:
Objective 13:
Objective 14:
Objective 15:
Objective 16:
Continue school contacts in cooperation with schools and increase
access of library service to children.
Support services to patrons with special needs.
Adapt strategies and procedures to include culturally sensitive
library practices.
Support funding for library services for Wildwood inmates.
Support budget increases as they become necessary for additional
library personnel and services.
Objective 1:
Objective 2:
Make recommendations to the Council regarding capital and
other improvements to the library.
Increase the library equipment/materials in Fiscal Year
2000/2001. Priority list of equipment is as follows-
Library furniture
Video and audio compact disc players
Music CD library
Upgrade computer terminals
Closed-circuit T.V.
Big screen T.V.
Promote funding to add video conference capabilities and
equipment in the library.
1 1 / 7 / 2000
KENAI COMMUNITY LIBRARY ACCOMPLISHMENTS
FOR 1999-2000
Established Library as permanent Kenai school bus stop
Awarded "Prime Time" grant
Installation of new security gate
Installation of hand rails for outside steps and ramp
Peninsula Clarion newspapers archived and stored in acid-flee boxes
Established Frances Mae Meeks photography collection
Established new Library web page
Obtained Library's own domain name
160 to 180 Dynix Upgrade/WebPac-Windows NT server
Children's catalog terminal
Children's computer with CD's
Study desk for juvenile area
Juvenile reference area
New juvenile book area
Short story collections moved to adult non-fiction area
Reference serials identified
Audio cassettes boxed and displayed
New CD collection
Recon of lost materials
Revised library hours equaling 1 ¥~ hours staff time
Barcoded and color-labeled most paperbacks
Survived Y2K-- added patches, etc.
Staff training on WebPac
Installed three new Intemet computers
Expanded Library's core collection of "classic works" and °'great books"
Expanded video collection (PBX series on space, history, great museums,
history of photography and American art)
Expanded rental collection of audio books
Expanded large print collection
Installed Windows '98 and Norton Works on all computers
Developed a three-year technology plan
Obtained State Library grant for WebPac
Doubled memory on IBM RS6000 server
Established electronic ILL through OCLC
Upgraded Unix from Version 4.1 to 4.3
Switched completely WLN to OCLC cataloging services
Paid for membership in AkLA for all full-time staff
KENAI BEAUTIFICATION COMMITTEE
NOVEMBER 14, 2000
7:00 P.M.
KENAI COUNCIL CHAMBERS
ITEM 1'
ITEM 2'
ITEM 3'
***AGENDA***
CALL TO ORDER/h ROLL CALL
AGENDA APPROVAL
APPROVAL OF MINUTES -- October 10, 2000
ITEM 4: PERSONS SCHEDULED TO BE HEARD
ITEM 5'
OLD BUSINESS
Discussion -- Memorial Park Sidewalk Update
ITEM 6: NEW BUSINESS
ITEM 7: REPORTS
ao
Committee Chair
Parks & Recreation Director
Kenai City Council Liaison
ITEM 8' OUESTIONS AND COMMENTS
ITEM 9'
a.
b.
INFORMATION
Parks & Recreation Commission Meeting Minutes of October 5 and
November 2, 2000.
City Council Action Agendas of October 19 and November 1, 2000.
ITEM 10' ADJOURNMENT
KENAI BEAUTIFICATION COMMITTEE
KENAI COUNCIL CHAMBERS
NOVEMBER 14, 2000
7:00 P.M.
CHAIR MARILYN DIMMICK, PRESIDING
ITEM 1'
CALL TO ORDER/k ROLL CALL
Chair Dimmick called the meeting to order at 7' 10 p.m. The roll was taken as follows'
Members Present:
Members Absent:
Non-Voting Members Present:
Non-Voting Members Absent:
Brown, Dimmick, Hett, Nelson, Buffington
Rogers, Hansen
Overturf
Benedict
Others Present:
Councilwoman Swamer (arrived 7'15), Parks & Recreation Director
Frates, Contract Secretary Kellerby
ITEM 2-
AGENDA APPROVAL
The members approved the agenda as presented with the addition to Item 5' Old
Business - b. Approval - Plants Listed for 2001 and Item 6' New Business - b.
Approval - No Commission Meeting in December.
ITEM 3:
APPROVAL OF MINUTES -- October 10, 2000
Corrections were made to Page 2' move delphiniums t__o back not (from) and Page 3'
Delete white lobelia; order from Wintergreens not (Amy); parthenium-feverfew; and
spelling of godetia.
The minutes were approved as corrected.
ITEM 4:
PERSONS SCHEDULED TO BE HEARD -- None
ITEM 5'
OLD BUSINESS
a-Re
Discussion - Memorial Park Sidewalk Update
Director Frates presented an aerie view map of Leif Hansen Memorial Park with a
recommendation for sidewalk placements. Taken into consideration were several
factors: maintenance, watering, entrances/exits, and backtracking. A lengthy
discussion followed. Director Frates also reported on an idea that Dr. Hansen had to
use the fountain concrete perimeter on which to set the memorial plaques instead of a
brick wall as previously discussed. He noted, the Parks & Recreation Commission felt
this was the best idea. Director Frates agreed to speak with Booth's Landscaping as to
placement of trees, shrubs, etc. at the Park and to add these to the map.
MOTION:
Member Brown MOVED to approve that Parks and Recreation use the aerial view map
of Left Hansen Memorial Park for sidewalk design as presented and Member Buffington
SECONDED the motion. There were no objections. SO ORDERED.
5-b.
Approval - Plant List for 2001
The Commission reviewed the Plant List for 2001 included in the packet.
were added to the list. This list was approved by acclamation.
Dusty Millers
ITEM 6:
NEW BUSINESS
Approval- No Commission Meeting in December
The Commission discussed whether they wanted to have a meeting in December.
MOTION:
Member Hett MOVED to approve that the Commission not meet in December to be
submitted to City Council for approval and Member Brown SECONDED the motion.
There were no objections. SO ORDERED.
ITEM 7: REPORTS
Committee Chair- No report.
7-b. Parks and Recreation Director -- · Director Frates reported the
following:
· Use of the 16 x 24 greenhouse for holding purchased plant materials, on
different flowers started from seed, and those purchased from greenhouses.
· Some of the street pole decorations need new transformers.
· Putting on a watering crew at night (during the summer) was being
investigated.
7-c. City Council Liaison - Councilwoman Swarner reported the following:
· The City Council action agendas were included in the packet and that the
next meeting was scheduled for November 15.
· An article in the Peninsula Clarion discussed whether or not the Fire
Department should inspect day care facilities, bed & breakfasts, etc.
ITEM 8: OUESTIONS AND COMMENTS -- None
ITEM 9: INFORMATION-- None
BEAUTIFICATION COMMITTEE MEETING MINUTES
NOVEMBER 14, 2000
PAGE 2
ITEM 10: ADJOURNMENT
The meeting was adjourned at 8:30 p.m.
Minutes transcribed and prepared by:
Susan Kellerby, Contract Secretary
BEAUTIFICATION COMMITTEE MEETING MINUTES
NOVEMBER 14, 2000
PAGE 3
AGENDA
KENAI CITY COUNCIL- REGULAR MEETING
NOVEMBER 15, ~000
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
http://www.ci.kenai.ak.us
ITEM A: CALL TO ORDER
1. Pledge of Allegiance
2. Roll Call
3. Agenda Approval
4. Consent Agenda
*Ail 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.
ITEM B'
SCHEDULED PUBLIC COMMENTS (10 minutes)
ITEM C:
.
.
,
.
o
ITEM D:
o
2.
3.
4.
PUBLIC HEARINGS
Ordinance No. 1887-2000 -- Eliminating the Kenai Historic Commission
by Repealing Ordinance No. 1866-2000.
Ordinance No. 1888-2000 -- Increasing Estimated Revenues and
Appropriations by $70,000 in the General Fund and the Kenai Coastal
Trail Capital Project Fund.
Resolution No. 2000-65 -- Awarding a $47,800 Contract to Seekins
Ford Peninsula for Two Patrol Vehicles.
Resolution No. 2000-66 -- Awarding a Contract for Professional
Consulting services to Peratrovich, Nottingham & Drage, Inc. for the
Environmental and Permitting Phase of the Project Entitled the Kenai
Coastal Trail for the Lump Sum Amount of $62,000.
Resolution No. 2000-67 -- Transferring $5,000 in the Street
Improvements Capital Project Fund for Engineering.
COMMISSION/COMMITTEE REPORTS
Council on Aging
Airport Commission
Harbor Commission
Library Commission
5~
6.
7.
8.
Parks & Recreation Commission
Planning & Zoning Commission
Kenai Historic Commission
Miscellaneous Commissions and Committees
a. Beautification Committee
b. Kenai Visitors & Convention Bureau Board
c. Alaska Municipal League Report
ITEM E:
MINUTES
,
*Regular Meeting of November 1, 2000.
ITEM F:
ITEM G:
OLD BUSINESS
ITEM H:
NEW BUSINESS
.
Bills to be Paid, Bills to be Ratified
e
Purchase Orders Exceeding $2,500
.
*Ordinance No. 1889-2000 -- Increasing Estimated Revenues and
Appropriations by $2,300 in the Senior Citizen Title III Grant Fund for a
Grant From the State of Alaska.
,
Discussion -- Replacement of Rear Screen Projector/Kenai Visitors &
Cultural Center.
e
Discussion -- Draft City of Kenm Newsletter
ITEM I:
ADMINISTRATION REPORTS
1. Mayor
2. City Manager
3. Attorney
4. City Clerk
5. Finance Director
6. Public Works Managers
7. Airport Manager
ITEM J:
DISCUSSION
1. Citizens (five minutes)
2. Council
EXECUTIVE SESSION- None Scheduled
ITEM K: ADJOURNMENT
KENAI CITY COUNCIL- REGULAR MEETING
NOVEMBER 15, 2000
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
http' //www.ci.kenai.ak.us
MAYOR JOHN J. WILLIAMS, PRESIDING
MINUT~
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-X.
PLEDGE OF ALLEGIANCE
Mayor Williams led those assembled in the Pledge of Allegiance.
A-2. ROLL CALL
Roll was taken by the City Clerk.
Swarner, Moore and Porter.
Present were:
Bannock, Frazer, Williams, Bookey,
Mayor Williams presented an Alaska Municipal League Award of Excellence to
members of the Kenai Fire Department in honor of their efforts with the Fire
Wise/Project Impact Program removing beetle-killed spruce trees from areas in the
C ty.
AGENDA APPROVAL
Mayor Williams requested the following changes to the agenda:
ADD AT: I-1, EDD letter and invitation to the Kenai Peninsula Economic Outlook
Forum scheduled for December 8, 2000.
MOTION:
Councilwoman Swarner MOVED for approval of the agenda as amended and
Councilman Bookey SECONDED the motion. There were no objections. SO
ORDERED.
CONSENT AGENDA
Mayor Williams noted there were no changes to the consent agenda.
MOTION:
Councilwoman Swarner MOVED for approval of the consent agenda as presented and
Councilman Bookey SECONDED the motion. There were no objections. SO
ORDERED.
KENAI CITY COUNCIL MEETING MINUTES
NOVEMBER 15, 2000
PAGE 2
ITEM B:
SCHEDULED PUBLIC COMMENTS-- None.
ITEM C:
C-1.
PUBLIC HEARINGS
Ordinance No. 1887-2000 -- Eliminating the Kenai Historic Commission
by Repealing Ordinance No. 1866-2000.
MOTION:
Councilman Bookey MOVED for adoption of Ordinance
Councilwoman Porter SECONDED the motion.
No. 1887-2000 and
There were no public comments. Councilman Moore reported Clerk Freas sent letters
to all the members of the Commission to inform them of the impending public hearing
on the ordinance. Moore also noted he received a call from one of the commissioners
who concurred with the council's consideration to sunset the commission. Williams
commented the Commission had not had a lot of activity and projects of historical
nature could now be handled through the Kenai Historical Society and Kenai Visitors
Center. He added, he would work with either of the groups and thought the council
felt the commission had served its purpose.
Councilman Bannock reported the Planning & Zoning Commission discussed the
matter and were informed by the Planning Department that an ordinance would
probably come forward to pass the duties of the Historic Commission to the Planning
& Zoning Commission. Attorney Graves concurred.
VOTE:
Bannock: Yes Frazer: Yes
Bookey: Yes Swamer: Yes
Porter: Yes
Williams:
Moore:
tYes
Yes
MOTION PASSED UNANIMOUSLY.
C-2o
Ordinance No. 1888-2000 -- Increasing Estimated Revenues and
Appropriations by $70,000 in the General Fund and the Kenai Coastal
Trail Capital Project Fund.
MOTION:
Councilwoman Swarner MOVED for approval of Ordinance No. 1888-2000 and
Councilman Bookey SECONDED the motion.
KENAI CITY COUNCIL MEETING MINUTES
NOVEMBER 15, 2000
PAGE 3
There were no public comments. Councilman Bookey asked what work would be done
for the $70,000. City Manager Ross explained the preliminary work done by
Peratrovich, Nottingham & Drage, Inc. (PND) raised concerns by environmental groups
and this phase of work would be investigating those concerns and what work will need
to be done in order to acquire Corps of Engineer permits and satisfy the environmental
groups' concerns. Public Works Managers La Shot and Komelis reviewed the cost
proposal from PND and found the price in line with what work will be done.
Ross also explained he could not be sure this Would be the only costs involved for this
phase of the work as there could be some unforeseen discussions with
environmentalists. He added, it was his understanding this amount would cover the
costs involved with the scope of work defined in the proposal. Bookey stated he would
expect additional funding going toward this phase.
Williams reported he discussed what kind of parmerships the city could develop w/th
representatives of the Denali Commission, State Department of Rural Development,
etc. in order to acquire funding for the project. He noted the funding sources were
uncomfortable to give any assurances at this time, but felt if permits are acquired,
funding would come. He noted, pre-filing for funding had been made at the state and
federal levels.
Komelis also noted, PND would have six months in order to do this phase of the work.
In doing this preliminary work, it is hoped the agencies will be on board before the
permitting phase.
VOTE:
Bannock:
Booke¥:
Porter:
Yes
Yes
Yes
Frazer:
Swarner:
Yes Williams' Yes
Yes Moore: Yes
MOTION PASSED UNANIMOUSLY.
C-3.
Resolution No. 2000-65 -- Awarding a $47,800 Contract to Seekins
Ford Peninsula for Two Patrol Vehicles.
MOTION:
Councilwoman Porter MOVED for approval of Resolution No. 2000-65 and
Councilwoman Swamer SECONDED the motion.
There were no public comments. Referring to the resolution, Porter asked why no
other bids were received. Police Chief Moms explained bid specifications were sent to
dealers in Anchorage and on the Peninsula. Only one responsive bid was received.
Porter asked if there was something wrong with the bid and Morris answered no.
KENAI CITY COUNCIL MEETING MINUTES
NOVEMBER 15, 2000
PAGE 4
Kathy Sullivan, Commercial Fleet Sales Manager, Seekins Ford Peninsula --
Sullivan explained, Chevrolet is the only other manufacturer making police interceptor
vehicles and Ford was the only manufacturer that could meet the city's specifications.
VOTE:
There were no objections. SO ORDERED.
Resolution No. 2000-66 -- Awarding a Contract for Professional
Consulting services to Peratrovich, Nottingham & Drage, Inc. for the
Environmental and Permitting Phase of the Project Entitled the Kenai
Coastal Trail for the Lump Sum Amount of $62,000.
MOTION:
Councilman Bookey MOVED for approval of Resolution No. 2000-66 and Councilman
Moore SECONDED the motion.
There were no public or council comments.
VOTE:
There were no objections. $O ORDERED.
Resolution No. 2000-67 -- Transferring $5,000 in the Street
Improvements Capital Project Fund for Engineering.
MOTION:
Councilman Moore MOVED for approval of Resolution No. 2000-68 and
Councilwoman Porter SECONDED the motion.
There were no public or council comments.
VOTE:
There were no objections. SO ORDERED.
ITEM D:
COMMISSION/COMMITTEE REPORTS
D-1. Council on Aging -- Porter reported the Council on Aging met on
November 7 at which there was a lengthy discussion with Steve Ashman of Alaska
Housing Finance Corporation in regard to housing for elders. She noted, consensus of
the membership was to recommend a grant application be submitted for funding to
KENAI CITY COUNCIL MEETING MINUTES
NOVEMBER 15, 2000
PAGE 5
have a feasibility study prepared in regard to developing an assisted living facility in
Kenai. She noted, the applications are made available in August.
Williams stated he wanted to discuss an assisted living facility during the council's
February economic forum. He added, he wanted to find out what other interests there
are in the area and whether there would be interest or the ability to join with other
entities to develop an assisted living facility. Porter noted, Ashman stated another 20
units could be added to the current senior housing and not all the units would need to
be assisted living. She added, the seniors are very interested in solving the issue and
the meeting was very well attended.
Bookey asked if a facility were built, would the city run it. Williams answered, that
was unknown, but that would be one of the questions investigated in a broad
feasibility study.
D-2. Airport Commission -- Swamer reported the Commission met on
November 9 and met the new air traffic manager at the Kena/Tower and discussed
local radar. She also reported the flooring previously chosen for in front of the
counters was no longer available from the manufacturer. Consequently, the carpet
· committee was again investigating other products that would be durable and
maintainable.
Harbor Commission -- The meeting was cancelled by council.
D-4. Library Commission -- Moore reported the Commission met on
November 7 and heard a report from the Friends that their raffle and dinner were very
successful. They also reviewed the Library's accomplishments over the year and
finalized their goals and objectives.
D-5. Parks/h Recreation Commission -- Frazer reported the minutes of the
November 2 meeting were included in the packet. He noted Rick Baldwin of the LLC
spoke to the Commission and requested financial assistance in maintaining the ice at
the multipurpose facility to cover public skating use, i.e. $70/day for 120 days (two
Zambonis a day). Frazer added, it was his understanding it would be a lump sum
payment based on actual costs incurred on behalf of public skate. It was also stated
there is heavier use of public skate than expected and it is necessary to keep the ice in
good condition for the sold time use. Bookey suggested council give some thought to
the fact the LLC said they would maintain the ice at no cost when the matter was first
proposed to council.
Frazer also reported the Commission discussed upgrading Municipal Park and noted a
suggested three-phase program was offered by Daniel Castimore. It was also reported
the Commission met with members of the Beautification Committee in a work session
after their regular meeting to discuss a long-range comprehensive plan for adding
sidewalks at Memorial Park, as well as discuss the suggested memorial wall.
KENAI CITY COUNCIL MEETING MINUTES
NOVEMBER 15, 2000
PAGE 6
Parks Director Frates reported Dr. Peter Hansen suggested.placing memorial brick
tries on the outside of the fountain instead of a memorial wall due to the additional
cost that would be involved in building a wall. Discussion was very favorable in regard
to Hansen's suggestion. Swarner noted the Commission and Committee approved the
plan discussed for additional sidewalks which will come back to council for
consideration and administration will discuss the matter further at budget time.
Moore noted the Commission recommended the city paying the $8,400 requested by
the LLC. He asked why Commissioner Baxter voted against the motion and Frates
explained Baxter thought, for the same cost, a person could be hired by Parks to do
the maintenance and while not doing that, the person could do other work for the
department.
D-6. Planning ~ Zoning Commission -- Bannock reported the minutes of the
November 8 meeting were included in the packet. He noted the actions taken by the
Commission as follows'
Discussion regarding Borough's notice of a negotiated land exchange
with Herman & Irene Fandel. He explained, the city received a copy of the notice
because the city is a landowner within the notice radius. The Commission felt it was a
Borough issue and chose not to hold a public hearing on the matter.
· Draft amendments to the sign code would be brought to the Commission
in the near future. He suggested council would be invited to at least one work session
with the Commission to review the amendments prior to any actions taken.
The Commission requested council to cancel their November 22 meeting
due to a lack of agenda items and because it is Thanksgiving Eve. There were no
objections to canceling the meeting by council.
Council reviewed the memorandum included in the packet regarding the proposed
negotiated land exchange between the Borough and Fandels. Bannock suggested that
if council agreed with the points included in the memorandum, it should formally
notify the borough.
Williams stated his desire the item be brought forward for public hearing at the
council level and added his concerns as: it has been a trespass situation for such a
long time, allowing the exchange could set a precedence, what is the property to be
exchanged, etc. Bannock noted no information as to what property will be exchanged
was not a part of the information received from the borough.
Ross reported the borough land had once been deeded from the city to the borough. It
was found not to have any educational restrictions on the property transferred. No
other history of the transfer was available. Williams suggested it could have been
transferred with an eye to educational use since the high school vocational education
building was situated on a portion of the property transferred. Porter noted the
borough tract in that area was quite large and the borough had been trying over the
~NAI CITY COUNCIL MEETING MINUTES
NOVEMBER 15, 2000
PAGE 7
.
years to get it into private hands. She agreed with Williams that even though the
property had been trespassed on over the years, it didn't make it right that the
property could be exchanged now. She suggested the borough address the disposition
of their tract as one big issue and not one lot.
Williams stated he would like the history of the property investigated, i.e. was it the
intention of the city to give the property to the borough for an educational purpose and
if so, should the borough contact the city in regard to that large tract of property.
Ross noted, the city sold the property to the borough and the deed restriction in place
had only to do with select historic sites (barabaras, etc.). He added, there is no
educational deed restriction on that parcel and it was unknown why it was sold to the
borough and for what purpose.
Frazer stated it was not known why the borough decided to sell the property to the
Fandels and preferred the matter be left to the borough. Williams noted the Fandels
applied to the borough to trade it based on a long-term use, but which has been
illegal. Moore stated he concurred with administration.
MOTION:
Councilman Moore MOVED that Mr. Bryson be asked to request the exchange be
postponed. Councilwoman Porter SECONDED the motion.
Porter noted she felt it was a city issue that the property has been used for many years
as if it was their own and not paid taxes on the property which was loss of revenue to
the city and borough. Moore agreed. Attorney Graves stated there was no mechanism
to correct that issue. However, if the property had been in private ownership over
those years, taxes would have been imposed. Bannock noted that if the exchange
takes place, the property would then be in private hands and taxes would be imposed.
Moore stated he felt the points made in the memorandum were good and wanted to
see the matter postponed to .allow the city to address the issue. Bookey agreed with
Moore and stated his concern that the borough left the trespassed use of the property
unchallenged since 1975.
VOTE:
Bannock:
Booker:
Porter:
No Frazer:
Yes Swarner:
Yes
No Williams: Yes
Yes Moore: Yes
MOTION PASSED.
D-7. Kenai Historic Commission -- Moore explained the next regularly
scheduled meeting date would be November 20 and because the ordinance passed
KENAI CITY COUNCIL MEETING MINUTES
NOVEMBER 15, 2000
PAGE 8
earlier in the meeting to eliminate the commission would not become effective for 30
days, he requested the November 20 meeting be cancelled. There were no objections
from Council.
D-8. Miscellaneous Commissions and Committees
D-8a. Beautification Committee -- Swarner reported the Committee met on
November 14 and reviewed next season's flower plantin§ list. She noted the
Committee was very appreciative of thc holiday li§hts placed at Memorial Park.
Swarncr also reported thc Committee requested their December mcetin§ be cancelled.
There were no objections.
D-8b. Kenai Convention/l~ Visitors Bureau Board -- Kathy Tarr, Center
Director reported the followin§:
· The minutes of the August meeting were included in the packet.
· A slate of nominees for the yearly board election was discussed and
election ballots would be sent out by the end of the week.
· Plans for next summer's art show "2001 Fish Odyssey" were continuing.
· A $1,500 scholarship was made available through last summer's art
show.
A draft budget for the upcoming fiscal year was presented.
· Employee compensation and benefits were discussed.
· A board retreat was being planned to discuss goals and objectives.
· Financial and visitor statistics reports were given.
D-8c. Alaska Municipal League Report -- Councilwoman Swarner reported
she and Williams attended the AML Conference which was very informative. She
noted the keynote speaker's comments were of encouraging teamwork with the
community and suggested a large outdoor reception to "get to know your council" with
food, door prizes, etc. which she felt should be discussed during budget preparation.
She also noted Willie Thomas was elected as President and Bob Knight was elected as
the second vice president.
·
Williams also reported a resolution was passed supporting a gas pipeline to Fairbanks.
He noted he would be giving a presentation at the RDC Conference in Anchorage
supporting a pipeline from Fairbanks to Nikiski.
Williams noted a community dividend program was also discussed which would allow
for municipalities' long-range planning which has support of the majority leader.
BREAK TAKEN: 8:12 P.M.
BACK TO ORDER: 8:30 P.M.
ITEM E: MI~T~
KENAI CITY COUNCIL MEETING MINUTES
NOVEMBER 15, 2000
PAGE 9
Regular Meeting of November 1, 2000.
Approved by consent agenda.
ITEM F:
CORRF~PONDENCE-- None.
ITEM G:
OLD BUSINESS-- None.
ITEM H:
NEW BUSINESS.
H-X.
Bills to be Paid, Bills to be Ratified
MOTION:
Councilwoman Swarner MOVED to pay the bills and Councilman Bookey SECONDED
the motion. There were no objections. SO ORDERED.
H-2.
Purchase Orders Exceeding $2,500
MOTION:
Councilman Moore MOVED to approve the purchase orders exceeding $2,500 and
Councilman Bookey SECONDED the motion.
It was noted the price of natural gas was increasing which would affect the price the
city receives from Aurora Gas.
VOTE:
There were no objections. SO ORDERED.
Ordinance No. 1889-2000 -- Increasing Estimated Revenues and
Appropriations by $2,300 in the Senior Citizen Title III Grant Fund for a
Grant From the State of Alaska.
Introduced by consent agenda.
H-4.
Discussion -- Replacement of Rear Screen Projector/Kenai Visitors &
Cultural Center.
Ross referred to the memorandum and attachment included in the packet. He
explained the Visitors Center's projector was needing to be replaced and the Visitors
Center felt the cost should be borne by the city as the projector is a fLxture of the
building and the building is owned by the city. He noted, in checking the city's files,
Center's files, nothing reflected whose responsibility it is to replace the item. He
KENAI CITY COUNCIL MEETING MINUTES
NOVEMBER 15, 2000
PAGE 10
added, he tended to agree with Tarr that the equipment was a f~xture, based on how
the facility and equipment is used, and it was the city's responsibility to replace it.
Bookey explained, during the design of the building, it was the city manager's desire
not to involve the city in maintenance of telephones, copy machines, office furniture,
etc. and the Center agreed with it. To him, the projector is a fixture as it was bought
with the grant money for the building and the large meeting room where the projector
is situated was designed for to incorporate showing videos of the area for visitors, as
well as others. As a council member, Bookey stated he wanted to keep the building in
the best condition and didn't feel it was the Center's responsibility replace the
equipment. Porter stated she felt it was the city's responsibility for fining and
replacing f~xtures of the building and felt it would be a good policy to do those types of
replacements, including other departments as well and explained the Senior Center
had to pay half or more of costs to replace f~xtures of the building in the past, i.e.
dishwasher, stove, mixer, etc.
Williams supported the city purchasing the projector due to the large amount of
visitors who have enjoyed videos offered at the Center. Ross noted that if council
agreed the cost for replacement of the projector should be borne by the city, those
minutes would be attached to the contract for future referral. It was suggested an
addendum or amendment be made to the Center's contract to identify the
responsibility for future repairs/replacements of building fm-tures. Council stated
their agreement that the projector should be considered a fixture of the building and
the city's responsibility to replace because the item is used by many entities. It was
also suggested the purchase be made through a bid process and the that the Center
participate financially with the city to purchase the projector. It was noted price
information was being collected both locally and out of the area and that because the
item's cost would be under $10,000, it was not necessary to go to bid.
MOTION:
·
Councilman Bookey MOVED for the city to make a purchase of the program for the
Visitors Center in its entirety because it is was the original intent and he wanted to
keep it that way. Councilman Moore SECONDED the motion.
Porter asked if Bookey would amend his motion to include other department in the
policy and Bookey stated he thought that should be addressed separately.
VOTE:
Bookey: ~
~-~-~: lyes
Frazer:
Swarner;
Yes
Yes
Williams'
Moore:
Yes
Yes
MOTION PASSED.
KENAI CITY COUNCIL MEETING MINUTES
NOVEMBER 15, 2000
PAGE 11
i-5o
Discussion -- Draft City of Kenai Newsletter
Porter referred to the newsletter included in the packet (color sample was distributed
to council) and noted it was a draft and took some time to develop. She suggested .it
might be helpful for Legal Secretary Padilla, the developer of the newsletter, to attend a
workshop to help her with the project. She noted the finished product would be on
larger paper, but would still be four pages (double-sided). Consensus of the council
was that the project should go forward and funds to cover the printing and mailing
should be taken from the Legislative budget.
ITEM I:
ADMINISTRATION REPORTS
I-1. Mayor -- Williams requested the city's donation of the old Senior Center's
refrigerator for use at the Challenger Center but after a short discussion, he
determined he would have it inspected by his refrigerator repairman first.
Williams also noted the EDD flier noticing its economic forum to be held December 8
(distributed at the beginning of the meeting) and requested council to contact Clerk
Freas if they planned to attend.
1-2. City Manager -- Ross reported Trans-Northem Airline requested
termination of their lease, effective November 15. He added, they were behind
approximately $4,700 on their landing fees and lease payments and that Airport
Manager Cronkhite and City Attorney Graves were working on the matter.
1-3. Attorney -- City Attorney Graves reported he attended a very interesting
airport law class the end of October.
I-4. City Clerk -- Freas referred to a letter from Peninsula Winter Games
(included in the packet) requesting a donation from the city. She noted there was
$500 included in the Legislative budget for this purpose and asked what event the
council would want to sponsor. Porter stated her concern that recently she had read
an article in which the Peninsula Winter Games donated $1,000 of funds that were
donated to them toward the development of a snowboarding hill in Soldotna.
It was noted, the city's sponsorship for the last several years had gone toward rides for
special needs kids at the ceremonial start of the Tustumena 200. Discussion followed
in which it was noted the location of the race start would be changed this year, but
would still take place in Kenai. It was also noted a basketball tournament would be
played at the Recreation Center.
There were no objections to donating $500 to the Peninsula Winter Games and
sponsor the ceremonial start of the Tustumena 200.
KENAI CITY COUNCIL MEETING MINUTES
NOVEMBER 15, 2000
PAGE 12
Finance Director-- No report.
Public Works Managers -- No reports.
I-7. Airport Manager-- Cronkhite referred to information included in the
packet indicating the state would no longer provide one-half of the local matching
funds for federal grant-funded capital improvement projects for municipally-owned
airports. She asked if the city wanted to continue a relationship with other
municipally-owned airports to address the issue and try to get the funding back.
Williams stated, because the city receives less state funding from Municipal Assistance
and Revenue Sharing and because municipally-owned airports saved millions of
dollars in operating costs for the state over the years, he felt the city should work with
other municipally-owned airports and advise the state of the city's unhappiness with
them to this regard. Cronkhite stated a return response would come back to council
for approval.
Cronkhite also noted the enplanements were up for October and for the year. Moore
asked if Trans-Northern's market share compared with what Yute Air received.
Cronkhite answered she thought it was about eight percent and added, Trans
Northern did not indicate they had a problem with the market, but referred to internal
issues for their difficulties.
Cronkhite was asked if proposals were being received in regard to the space vacated by
the travel agency. She noted the matter would be discussed by the Commission at
their next meeting. Cronkhite added, she had received lots of comments of interest for
the space.
ITEM J:
DISCUSSION
J-X.
Citizens-- None.
J-2. Council
Frazer -- * Suggested the city purchase a camera to have available for taking
pictures of special events such as the presentation of award at the beginning of the
meeting.
· Frazer asked what the investigation found of the recreational vehicle
trailer he mentioned at the last meeting. Ross answered a 30-day demand letter had
already been issued from the building inspector and the owner had until the first week
of December to comply.
Bannock -- * Thanked council for attending the after-election gathering at
Kenai Chrysler.
KENAI CITY COUNCIL MEETING MINUTES
NOVEMBER 15, 2000
PAGE 13
· Bannock also reported he and Lt. Kohler attended a meeting in regard to
the development of a private prison on Wildwood property. He noted, the Kenai
Natives Association, Inc. hired Livingston-Sloan as their architects.
Po~ter -- · Reported she attended the first meeting of the employee
appreciation dinner planning group. To that regard, she requested council approve a
"day off with pay" as a door prize.
MOTION:
Councilwoman Porter MOVED to contribute one "day-off-with-pay" for the employees
dinner. Councilwoman Swarner SECONDED the motion and requested UNANIMOUS
CONSENT. There were no objections. SO ORDERED.
· Porter reported she would be absent from the next council meeting.
Moore -- Requested the state be notified the approaches from the side streets
'onto Redoubt and Forest Drive were needing to be graded as well as the road.
Swarner -- · Congratulated Graves for his election to the KDLL Board of
directors.
· Reported she gave a presentation to the Chamber of Commerce about
issues of the city and learned that many people do not use the city's website for
meeting information nor do they read the meeting agenda advertised in the newspaper.
She added, she talked with a representative of the newspaper and they will be placing
the city's agenda in a better position and update the its appearance at no additional
cost.
Bookey-- Asked for an update on the loader being rebuilt. Public Works
Manager La Shot reported the work had been completed and the loader was at the
shop. Comments received from city employees were good.
EXECUTIVE SESSION- None Scheduled
ITEM K:
ADJOURNMENT
The meeting adjourned at approximately 9:25 p.m.
Minutes transcribed and prepared by:
Carol L. Freas, City Clerk
CITY OF KENA!
210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-283-7535
FAX 907-283-3014 ~
IgC2
MEMORANDUM
TO'
FROM.
DATE:
Mayor and Council Members
Carol L. Freas, City Clerk
City of Kenai
December 1, 2000
PROPOSED LAND EXCHANGE BETWEEN KENAI PENI~UI~
BOROUGH AND HERMAN & 1RENE FANDEL
At your November 15 council meeting, you requested a letter be sent to KPB Planning
Commissioner Phil Bryson to request action be postponed on this matter to give the
City time to review the matter and bring it forward on your December 6 agenda. The
request to postpone was approved and the matter will be heard at the KPB Planning
Commission on the December 11.
The following information is attached:
a. 11 / 9 / 2000 KPB Planning Commission staff report.
b. 11/9/2000 Robert L. Bright memorandum with proposed ordinance
authorizing an exchange.
c. 11 ! 12 ! 2000 Florian Tschmelitsch letter regarding proposed exchange.
d. 11/9/2000 James Shaw, KPB Senior Appraiser regarding appraisal of
parcels involved in the proposed exchange.
e. Proposed exchange agreement.
f. Application to request the negotiated purchase, lease, or exchange of
Borough owned land-- Herman & Irene Fandel, Applicants.
g. 11 ! 16/2000 C. Freas letter to P. Bryson requesting postponement of
KPB Planning Commission action.
h. 11 ! 29 / 2000 KPB Planning Commission meeting minutes (DRAFT).
i. Site map of Fandel property, Inlet View Subdivision, Lot 1 (702 Lawton
Drive) and KPB property, Block 4, Government Lot 2 (property on which trespass
occurs).
j. Topographic map showing approximate location of Fandel Subdivision,
Tract 2 property and site map showing Fandel Subdivision, Tract 2 (proposed property
of which a portion is to be exchanged).
NOV-09-2000 THU 02:52 PM KPB PLANNING
F~ NO. 9072628618
AG~,NDA ITEM F. PUBL. IC HEARINGS
2. An Ordinance Authorizing A Land Exchange With Hero, an and Irene Fandcl to Resolve
A Long Standhxg Trespass on Borough Land Located Within the City of Kenai
STAFF REPORT
PC Mcethag: 11-27-00
Exchange Proposal
llerman ,and Irene Fandel hav~ submitted an application to request the negotiated exchange of
borough owned lined. Thc Fandels want to acquire Kcnai Peninsula Borough (KPB) lm~d
d~scribed as a 160' by 154' parcel located in the Northeast comer of Goverrancnt Lot 2, Section
4, TSN, R11 W, S.M., Alaska, wlaich can also be referred to as a portion of Assessor Parcel No.
049-010-48.
Tho Fandcls propose an equal value exchange of a portion of Tract 2, Fandel Subdivision, Plat
No. 83-51, Kenai Recording District. Tho Fandela propose to exch,'mg¢ approximately ten acres
or thc E 1/3 of Tract 2, Fandel Subdivision, Plat No. 83-51. The actual amount ofTract 2 will be
increased or decreased depending on the appraised values of the KPB parcel and the Fandel
property.
Thc Fandel's cite thc following special ,ir~umstances in support of their negotiated exch,'mg~
application:
Over the past 25 years, we have improved and beautified the Lawton Drive lot,
from a dump to a dean attractive area, by doing a rnajor clean up, ~nsmlling
200' of storm drain, many loads of fill dirt, planting trees, wildflowers attd a
large clean lawn. T/tis lot has become an extension of our yard. We plan to
maintain the present beauty of this property as a part of our home.
Thc K.PB cra',, evict the trespass or authorize it. While trcspass should not be rcwarded and
~viction is justifiable, resolving the trespass under KPB 17.10.220 (C) appears to result in thc
greatest public good ,'md least privat~ harm.
Thc Fandels acknowledge their trespass and are willing to pay all costs required to resolve the
trespass. The Fandels have signed a Land Usc Permit that will authorize their usc of KPB land
for on~ year. Thc KPB is planning to subdivide Government Lot 2 in preparation for sale.
END OF STAFF REPORT
NAI PENINSULA BOROUGH
144 N. BINKLEY , SOLDOTNA, ALASKA , 99669-7599
-.. BUSINESS (907) 262-4441 FAX (907)262-1892
~o
~ ..~,~..~
MEMORANDUM
DALE BAGLEY
MAYOR
TO:
Timothy Navarre, Assembly President
Members, Kenai Peninsula Borough Assembly
THRU:
Dale L. Bagley, Mayor
FROM:
Robert L. Bright, Planning Director
DATE:
November 9, 2000
SUBJECT:
Ordinance Authorizing a Land Exchange with Herman and Irene Fandel t°
Resolve a Long-standing Trespass on Borough Land Located Within the
City of Kenai.
Herman and Irene Fandel have submitted an application to request the negotiated
exchange of Borough owned land. The Fandels want to acquire Kenai Peninsula
Borough (KPB) land described as a 160' by 154' parcel located in the northeastern comer
of Government Lot 2, Section 4, T5N, R11 W, S.M., Alaska, which can also be referred to
as a portion of Assessor Parcel No. 049-010-48.
The Fandels propose an equal value exchange of a portion of Tract 2, Fandel Subdivision,
Plat No. 83-51, Kenai Recording District. The Fandels propose to exchange
approximately ten acres or the E I/3 of Tract 2, Fandel Subdivision, Plat No. 83-51. The
actual amount of Tract 2 will be increased or decreased depending on the appraised
values of the KPB parcel and the Fandel property.
The Fandels cite the following special circumstances in support of their negotiated
exchange application'
Over the past 25 years, we have improved and beautified, the £awton
Drive lot, from a dump to a clean attractive area, by doing a major clean
up, installing 200' of storm drain, many loads of fill dirt, planting trees,
wildflowers, and a large clean lawn. This lot has become an extension
of our yard. We plan to maintain the present beauty of this property as a
part of our home.
The KPB can evict the trespass or authorize it. While trespass should not be rewarded
and eviction is justifiable, resolving the trespass under KPB 17.10.220 (C) appears to
Timothy Navarre, Assembly President
Members, Kenai Peninsula Borough Assembly
November 9, 2000
Page 2
result in the greatest public good and least private harm. The Fandels acknowledge their
trespass and are willing to pay all costs required to resolve the trespass. The Fandels
have signed a Land Use Permit that will authorize their use of KPB land for one year.
The KPB is planning to subdivide Government Lot 2 in preparation for sale.
Introduced
Date:
Heating:
Action:
Vote:
[Sponsor]
11/21/00
[Hearing Meeting
KENAI PENINSULA BOROUGH
ORDINANCE [Ordinance/Resolution Number]
AN ORDINANCE AUTHORIZING A LAND EXCHANGE WITH HERMAN AND
IRENE FANDEL TO RESOLVE A LONG STANDING TRESPASS ON BOROUGH
LAND LOCATED WITHIN THE CITY OF KENAI
WHEREAS, Herman and Irene Fandel have improved and occupied since 1975 an approximately
37,600 square foot portion of borough land located in the northeastern comer of
Government Lot 2, Section 4, T5N, R11 W, S.M., Alaska; and
WHEREAS, the Fandels desire to resolve the trespass by obtaining title to the subject parcel; and
WHEREAS, the borough has issued a land use permit to the Fandels to authorize their use of
borough land while their trespass is being resolved; and
WHEREAS, the Fandels have submitted an application to exchange land pursuant to KPB
17.10.100 (I); and
WHEREAS, the KPB Assessing Department has determined that the land proposed to be
exchanged by the Fandels exceeds the value of subject borough land; and
WHEREAS, the exchange will resolve a long-standing trespass; and
WHEREAS, the borough administration will sell the remainder of subject Government Lot 2; and
WHEREAS, the KPB Planning Commission conducted a public heating at its regularly scheduled
meeting of November 27, 2000 recommended .
NOW, THEREFOr, BE IT ORDAINED BY THE ASSEMBLY OF THE KENAI
PENINSULA BOROUGH'
SECTION 1. That the Assembly finds that exchanging an approximately 160' by 235' parcel
located in the Northeast comer of Government Lot 2, Section 4, T5N, R1 l W, S.M.,
Alaska, Kenai Recording District, Third Judicial District, State of Alaska for that
portion of the East 1/3 of Tract 2, Fandel Subdivision, according to Plat No. 83-51,
on file in the Kenai Recording District, Third Judicial District, State of Alaska as
described in the attached EXCHANGE AGREEMENT is in the best interest of the
borough pursuant to KPB 17.10.220 (C) and KPB 17.10.100 (I) makes exceptions
Kenai Peninsula Borough, Alaska
Ordinance 2000:
Page I of 3
to KPB 17.10. 090 (requiting classification prior to transfer, KPB 17.10.130 (D)
(requiring a deed restriction), and KPB 17.10.110 (notice of a land sale). This
finding is based on the following facts pursuant to KPB 17.10.230'
le
Special circumstances or conditions exist in that the trespass has continued
since 1975 in a manner that the borough had the opportunity to be fully
aware o f it.
e
h~
The proposed exchange will resolve a long-standing trespass.
Be
The borough will receive a parcel of equal or greater value than the
parcel it is exchanging.
Ce
The borough intends to dispose of the larger parcel, and selling the
subject parcel to the Fandels will not inhibit the borough's ability to
dispose of the remainder.
De
The borough will have to expend additional funds should it have to
evict the trespass.
KPB 17.10.100 (I) provides that land to be sold to leased to resolve
a land use conflict or unintentional trespass may be excluded from
classification, deposit into the land bank, and notice of disposition if
the land to be sold or leased is a portion of a larger parcel, and the
most appropriate use and the highest and best use of the larger parcel
is not changed, and the land to be leased or sold is not more than one
acre. The exchanged proposed with the Fandels meets these criteria.
That the exception is necessary for the preservation and enjoyment of a
substantial property fight and is the most practical manner of complying with
the intent of this chapter.
he
Herman and Irene Fandel have improved and occupied the subject
borough land since 1975.
Be
Herman and Irene Fandel consider the subject borough land an
extension of their yard and plan to maintain it as part of their home.
That the granting of the exception will not be detrimental to the public
welfare or injurious to other property in the area.
he
The proposed exchange will resolve a long-standing trespass.
Be
The borough will receive a parcel of equal or greater value than the
parcel it is exchanging.
Ordinance 2000-
Page 2 of 3
Kenai Peninsula Borough, Alaska
C~
The borough intends to dispose of the larger parcel, and selling the
subject parcel to the Fandel's will not inhibit the borough's ability to
dispose of the remainder.
SECTION 2. Based on the foregoing, the mayor is hereby authorized, pursuant to KPB 17.10.100
(C) (I) and KPB 17.10. 220 (C) to exchange the land described in section 1 above
with the Fandels subject to the terms and conditions of this ordinance. The land
shall be conveyed by Quitclaim Deed. The authorization is for exchange solely with
the Fandels, and they may not assign any fights to negotiate or enter an agreement
for exchange to any other person or entity.
SECTION 3. The mayor is authorized to sign any documents necessary to effectuate this
ordinance.
SECTION 4. That this ordinance shall take effect immediately upon its enactment.
ENACTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH THIS
DAY OF ,2000.
ATTEST:
Timothy Navarre, Assembly President
Linda S. Murphy, Borough Clerk
Kenai Peninsul~ Borough, Alaska
155
Ordinance 2000-
Page 3 of 3
.,.- NAI PENINSULA BOROUGH
144 N. BINKLEY . SOLDOTNA, ALASKA , 99669-7599
· BUSINESS (907) 262-4441 FAX (907)262-1892
DALE BAGLEY
MAYOR
Memorandum
From:
Date:
Subject:
To: Roy Dudley, Land Management Agent
Thru: ~..--~L.~]g)~b~t L. Bright, Planning Director
~e ,I-Ioran, Borough Assessor
~/~Dems Mueller, Residential Appraisal Manager
~-James Shaw, Senior Appraiser November 9; 2000
Appraisal of parcels to be exchanged bet'ween the Borough and Fandel's
to resolve trespass pursuant to KPB 17.10.100(I) and KPB 17.10.220(C).
B_orou_Lo.g.g~h Parc e !
A 160' by 235' parcel located in the Northeast comer of Government Lot 2, Section 4,
T5N, R11 W, S.M., Alaska, which can also be referred to as a portion of Assessor Parcel
No. 049-010-48.
Fandel Parcel
A portion of Tract 2, Fandel Subdivision, Plat No.83-51, Kcnai Recording District. The
Fandel's propose to exchange approximately 10 acres or the east 1/3 of Tract 2, Fandel
Subdivision, Plat No. 83-51. The actual amount ofTract 2 will be increased or decreased
depending on the appraised values of the KPB parcel and the Fandel property.
As outlined above and in the memorandum dated October 26, 2000, I have completed an
appraisal of a hypothetical 160' by 154' parcel located in Assessor Parcel No. 049-010-48
and a hypothetical parcel of the east 1/3 of Tract 2, Fandel Subdivision, Plat No. 83-51 and
all of Tract 2, Fandel Subdivision, Plat 83-51.
Nikiski Area Analysis
At the present time the majority ofprivately held land in Nikiski is predominantly undeveloped;
The growth rate is slow and property values appear to be stable. The slow growth rate and large
S:KShawkFANDEL property exchange.doc
amount of available vacant land leads to an imbalance with regards to supply and demand. This
is typically referred to as an over-supply. This imbalance typically leads to extend marketing times
and indicates there is more land available than there are buyers.
Property Location
The Fandel Parcel Tract 2, Fandel Subdivision, Plat 83-$1, Kenai Recording district is located
in the general northeast pan of Nikiski, East of Beck and Goode Lakes.
Property Description
The 27.41-acre subject lot as best that can be determined from aerial photos and the borough's mapping
program, is relatively level. The subject parcel appears to be comprised of ~0% wetlands and has a
creek running through it. The subject lot appears to have legal access by section line easement and platted
roads. To access the parcel by platted road would be difficult as there is no physical road. The access by
section line easement would also be difficult, as there does not appear to be any physical improved trail. In
both cases, crossing the creek would be required.
ProverW Use/Zoning
The subject parcel is located outside of city limits and no zoning ordinances apply.
U, tilities
According to the Enstar and HEA maps, the subject parcel does not have either electric or gas and
as described above there is no improved road access.
·
.
Highest and Best Use
With the lack of any utilities or road access it is this appraisers opinion that the highest and best use would
be of a recreational nature.
_
Review Area
Due to the lack of recent similar sales, all sales occumng since 1992 in the North Kenai, Nikiski area were
reviewed.
Range of Value
Through researching the sales in the area it appears that properties of similar attributes are selling between
$200 and $1350 per acre.
Final Opinion of Value
The appraiser has reconciled with the median or midrange of value in the array of sales reviewed, which is
$500 per acre. $500 per acre times 27.41 Acres = $13,700.
A 1 O-acre piece of this parcel would most probably sell for 30% more per acre as we have found the nde of
thumb size adjustment in the borough to be 30/70. Therefore $500 per acre would be about $700 per-acre
for a 10-acre parcel. $700 times 10- acres equals $7,000.
Per your request dated October 26, 2000, I have physically inspected a 160' by 235' hypothetical parcel
located in the Northeast comer of Government lot 2, Section 4, TSN, R11W, and S.M., ALASKA.
SAShsw~FANDEL proper~ exchange.doc
158
I submit this Opinion of Fair Market Value based upon the physical attributes of the subject property and a
review of comparable sales within the subjects' market area.
Property Location
The hypothetical subject lots northern boundary would be the south side of Lawton Drive. The southern
and eastern boundary would be Kenai Peninsula Borough property described as Assessors parcel No. 049-
010-48. The subjects' western boundary is Assessor Parcel No. 049-150-25. This area is commonly
known .as Inlet View Subdivision.
Property Description
The subject parcel is described as a 160' by 154' hypothetical parcel located in the northeast portion of
Assessor Parcel No. 049-010-48. As noted by physical inspection on November 8, 2000, the subject lot is
cleared of trees and is relatively level. As noted by a recorded legal document the subject parcel is
encumbered by a drainage easement and fight-of-way granted to the City of Kenai. The drainage easement
is described as 30' wide and would nm the depth (160') of the subject parcel. The easement is considered
to have a negative impact on the value of the parcel as it calls for the fight-of-way for the unobstructed flow
of storm water runoff from city streets over, upon, in, through, and under the subject parcel. Further noted
is the reservation for eonsmacfion, repairing, inspection and operation of said drainage facilities that neither
the grantor nor its successors shall erect or place any building or tree on the above described easements and
fight-of-way.
Propert~t Use/Zoning
The subject property lies in the Suburban Residential RS-2 Zone. Which indicates in general, 1-3 family
residences with a minimum lot size of 7200 square feet.
Utilities
As noted by an Enstar map, natural gas is in the area, and appears to be within 200'to the west of the
hypothetical subject parcel at the Rogers Rd. and Lawton Dr. intersection. Natural gas service is in place at
the parcel adjacent to the west of the subject parcel.
As noted by the HEA map, electric service is adjacent the subject parcel to the north, running east and west
along Lawton Dr. City water and sewer appears to be adjacent to the subject parcel nmning east and west
· along Lawton Dr..
Highest and Best Use
Highest and best use would be as legally permissible as a single family or small residential income
producing property.
Review Area
Due to a lack of recent similar proximate vacant land sales, the appraiser has utilized the abstraction
method in combination with vacant land sales in the immediate area occurring since 1998.
SAShaw~FANDEL property exchange.doc
159
Range of Value
The comparable sales analyzed indicate a range of value from $50,000 to $73,000 per acre.
Final Opinion of Value
The appraiser has reconciled towards the upper end of the value range due to the comparability of the sales
at the upper end of the range. The appraiser has also recognized the easements negative effect on value and
has adjusted for it by valuing the affected land at the rate of 20% of the unaffected land value. By
multiplying 160' by 154' we get 24,640 square feet. 24,640 sq. feet divided by 43, 560 in an acre, the
subject parcel is calculated to be .57 acres. The easement encumbers.11 of the total .57 acres. $73000
times .46 acres equals $33,580..11 acres times $14,600 an acre equals $1,606. By totaling the two values,
the subject parcel's indicated fair market value is estimated to be $35,200 rounded.
S:~Shaw~FANDEL property exchange.doc
160
LMD #99-35
EXCHANGE AGREEMENT
This Agreement is made on this of ,2000, by and between the
KENAI PENINSULA BOROUGH, an Alaska municipal corporation, whose address is
144 North Binkley Street, Soldotna, Alaska 99669 (hereinafter referred to as "KPB")
and Herman Fandel and Irene Fandel, husband and wife, whose address is 702
Lawton Drive, Kenai, AK 99611 (hereinafter referred to as "FANDELS").
1. kPb PARCEL
Subject to other applicable provisions of this Agreement and, by KPB Ordinance
2000-XX enacted ,2000, the KPB will convey to FANDEL$, the
following described parcel of land ("KPB Property"). The KPB makes no
warranties, express or implied, .nor assumes any liability whatsoever, regarding
the social, economic, or environmental aspects of the KPB Property, including,
without limitation, the soil coaditions, water drainage, access, natural or artificial
hazards that may exist, or the merchantability, profitability or fitness of the KPB
Property for any particular purpose. FANDELS represent that they accept title to
KPB Property after having had a full opportunity to inspect the KPB Property and
associated title records, and have determined t hem suitable for the purposes
addressed by this Agreement.
Property Description
A 160' by 235' parcel located in the Northeast corner of Government
Lot 2, Section 4, T5N, R11W, S.M., Alaska, Kenai Recording District,
Third Judicial District,. State of Alaska.
(Tax Assessor No. 049-010-48)
.
FANDEL PARCEL
Subject to other applicable provisions of this FANDELS will convey to KPB, the
following described parcel of land ("FANDEL Property"). FANDELS make no
warranties, express or implied, nor assumes any liability whatsoever, regarding
the social, economic, or environmental aspects of the FANDEL Property,
including, without limitation, the soil conditions, water drainage, access, natural
or artificial hazards that may exist, or the merchantability, profitability or fitness of
the FANDEL Property for any particular purpose. KPB represents that they
accept title to FANDEL Property after having had a full opportunity to inspect the
FANDEL Property and associated title records, and have determined them
suitable for the purposes addressed by this Agreement.
Kenai Peninsula Borough, Alaska
KPB~andel- Exchange Agreement
Page 1 of 9
161
Property Description
East 1/3 of Tract 2, Fandel Subdivision, according to Plat No. 83-51,
on file in the Kenai Recording District, Third Judicial District, State of
Alaska. (Tax Assessor No. 165-163-49)
.
PLATTING, ESCROW AND CLOSING COSTS
KPB and FANDELS agree that the property to be exchanged is of equal value for
the purposes of this exchange. Each party accepts the other's property as full
consideration for the property it is conveying.
KPB and Fandel parcels described in paragraphs 1 and 2 above shall be platted
prior to conveyance of title. KPB shall prepare survey and platting instructions.
The FANDELS, pursuant to KPB 17.10.130 (C) shall be responsible for all fees,
which may include recording fees, closing fees, escrow setup fees, annual
escrow fees, collection fees, surveying and platting fees if applicable, or other
associated fees unless otherwise authorized.
4. TITLE
Ao
KPB Property
Title shall be delivered at time of closing by quitclaim deed. KPB
conveys only its interest in the property, if any, without warranty of any
kind or nature whatsoever. Title shall also be subject to reservations,
easements, rights-of-way, covenants, conditions and restrictions of record
and further subject to restrictive covenant pursuant to KPB 17.10.130(D),
and for subject parcel, which will be created by the conveyance from KPB
to the FANDEL. KPB warrants and covenants that at the time of closing
there shall be no liens or judgments recorded against KPB in the same
recording district in which the property subject to this exchange agreement
is situated.
Be
FANDEL Property
Title shall be delivered at time of closing by quitclaim deed. FANDEL
conveys only its interest in the property, if any, without warranty of any
kind or nature whatsoever. Title shall also be subject to reservations,
easements, rights-of-way, covenants, conditions and restrictions of
record. FANDEL warrants and covenants that at the time of closing there
shall be no liens or judgments recorded against FANDEL in the same
recording district in which the property subject to this exchange agreement
is situated.
Kenai Peninsula Borough, Alaska Page 2 of 9
KPB~andel- Exchange Agreement
e
Ge
e
KENAI PENINSULA BOROUGH ASSEMBLY APPROVAL
This exchange agreement is subject to authorization by the Kenai Peninsula
Borough Assembly. If the Kenai Peninsula Borough fails to enact an ordinance
authorizing this exchange, this agreement shall be terminated without penalty.
CLOSING
Unless otherwise agreed in writing, closing will occur within 60 days of filing of
the subdivision plats for the KPB and FANDEL properties. KPB and FANDEL will
execute all documents required to complete this ,Agreement and, if applicable,
establish an escrow account.
POSSESSION
Se
Possession shall be delivered at time of recording Quitclaim Deeds.
BREACH BY KPB OR FANDEL
KPB and FANDEL agree to use their best efforts to resolve any disputes arising
under this Agreement, fairly, efficiently, and promptly. Potential methods for
achieving such dispute resolution may include informal and formal mediation,
arbitration, and any other dispute resolution mechanism as may be appropriate
or necessary under the circumstances.
ge
DEFENSE AND INDEMNIFICATION
,,
The FANDELS shall indemnify, defend, save and hold the borough, its elected
and appointed officers, agents and employees, harmless from any and ali
claims, demands, suits, or liability of any nature, kind or character including
costs, expenses, and attorneys foes, except for damage or injury caused by the
sole gross negligence or willful misconduct of the KPB.
The KPB shall indemnify, defend, save and hold the FANDELS, their agents and
employees, harmless from any and all claims, demands, suits, or liability of any
nature, kind or character including costs, expenses, and attorneys fees, except
for damage or injury caused by the sole gross negligence or willful misconduct of
the FANDELS.
Kenai Peninsula Borough, Alaska
KPB~andel- Exchange Agreement
Page 3 of 9
163
10.
HAZARDOUS MATERIAL
A. KPB Parcel
.
FANDELS covenant and agree that no hazardous substances or
wastes shall be located on or stored on the property, or any
adjacent property, nor shall any such substance be owned, stored,
used, or disposed of on the property or any adjacent property by
the FANDELS, their'agents, employees, contractors, or invitee's,
pdor to FANDELS ownership, possession, or control of the
property.
.
FANDELS Covenant and agree that if the presence of hazardous
material on the property is caused or permitted by FANDELS, their
agents, employees, contractors, or invitee's, or if contamination of
the property by hazardous material otherwise occurs on the
property, FANDELS shall defend, indemnify, and hold harmless
KPB from any and all claims, judgements, damages, penalties,
fines, costs, liabilities, or losses (including, but not limited to, sums
paid in the settlement of claims, attorney's fees, consultant fees
and expert fees) which may arise as a result of such contamination.
This defense and indemnification includes, without limitations,
costs incurred in connection with any investigation of site conditions
or any clean-up, remedial, removal, or restoration work required by
any federal, state or local government on or under the property. As
used herein, the term "hazardous material" means any hazardous
or toxic substance, material, or waste which is or becomes
regulated by any local government authority, the State of Alaska, or
the United States Government..
.
Pursuant t° KPB Ordinance 99-17 Section 2.6., prior to the
exchange, the FANDELS will sign a letter of non-objection to
current and future landfill activities or consequences of such
activities at the adjoining site.
B. FANDEL Parcel.
.
KPB covenants and agrees that no hazardous substances or
wastes shall be located on or stored on the property, or any
adjacent property, nor shall any such substance be owned, stored,
used, or disposed of on the property or any adjacent property by
the KPB, its agents, employees, contractors, or invitee's, prior to
KPB's ownership, possession, or control of the property.
Kenai Peninsula Borough, Alaska
KPB~andel- Exchange Agreement
Page 4 of 9
164
.
KPB covenants and agrees that if the presence of hazardous
material on the property is caused or permitted by KPB, its agents,
employees, contractors, or invitee's, or if contamination of the
property by hazardous material otherwise occurs on the property,
KPB shall defend, indemnify, and hold harmless FANDELS from
any and all claims, judgements, damages, penalties, fines, costs,
liabilities, or losses (including, but not limited to, sums paid in the
settlement of claims, attorney's fees, consultant fees and expert
fees) which may arise as a result of such contamination. This
defense and indemnification includes, without limitations', costs
incurred in connection with any investigation of site conditions or
any clean-up, remedial, removal, or restoration work required by
any federal, state or local government on or under the property. As
used herein, the term "hazardous material" means any hazardous
or toxic substance, material, Or waste which is or becomes
regulated by any local government authority, the State of Alaska, or
the United States Government.
11.
ASSIGNMENTS
Assignments may be made by mutual agreement, in writing.
12.
ENTIRE AGREEMENT
. ,
This Agreement and the documents referred to herein contain the entire
agreement of the parties with respect to the subject matter hereof. Any changes
additions or deletions hereto must be made in Writing and signed by both KPB
and FANDELS or their respective successors in interest. Provisions of this
agreement, unless inapplicable on their face, shall be covenants constituting
terms and conditions of the sale and of the agreement to finance the sale, and
shall continue in full force and effect until the purchase price is paid in full, or this
agreement is earlier terminated.
13. MISCELLANEOUS
A,
..Covenants. KPB and FANDELS agree to comply with any Declaration of
Covenants, Conditions, and Restrictions of record, affecting the Property.
Be
Residential Real Property Transfers Act. The parties mutually agree that
this transfor will not be covered by the Residential Real Property Transfors
Act, AS 34.70.010 ot. seq.
C. Development. KPB and FANDELS agree to comply with all federal, state,
and borough regulations regarding use and development of the property,
Kenai Peninsula Borough, Alaska Page 5 of 9
KPB/Fandel- Exchange Agreement
165
De
Eo
Fe
Ge
He
which includes but is not limited to; State of Alaska, Department of
Environmental Conservation regulations regarding water and sewer
installation; and if applicable, regulations of the U.S. Army Corps of
Engineers regarding filling or draining any area within the property
designated as wetlands by the appropriate authority.
Time. Time is of the essence in performance of this Agreement.
Cancellatioq. This agreement, while in good standing may be canceled in
whole or in part, at any time, upon mutual written. This purchase
agreement is subject to cancellation in whole or in part if improperly
issued through error in proceduro or with respect to material facts.
Entry or Re-entry. In the event that this agreement is terminated,
canceled or forfeited, or in the event that the demised lands, or any part
thereof, should be abandoned by the KPB or FANDELS during the
agreement term, KPB and FANDELS or their agents, servants or
representative, may immediately or any time thereafter, enter or re-enter
and resume possession of said lands or such part thereof, and remove all
persons and property therefrom either by summary proceedings or by a
suitable action or proceeding at law or equity without being liable for any
damages therefor.
Fire Protection. KPB and FANDELS shall take all reasonable precautions
to prevent, and take all reasonable actions to suppress destructive and
uncontrolled grass, brush, and forest fires on the land under agreement,
and comply with all laws, regulations and rules promulgated and enforced
by the protection agency responsible for forest protection within the area
wherein the demised premises are located.
Notice. Any notice or demand, which under the terms of this agreement
or under any statute must be given or made by the parties thereto, shall
be in writing, and be given or made by registered or certified mail,
addressed to the other party at the address shown on the contract.
However, either party may designate in writing such other address to
which such notice of demand shall thereafter be so given, made or
mailed. A notice given hereunder shall be deemed received when
deposited in a U.S. general or branch post office by the addressor.
Responsibility of Location. It shall be the responsibility of the KPB and
FANDELS to properly locate improvements on the subject parcels.
Kenai Peninsula Borough, Alaska
KPB~dcl- Exchange Agreement
Page 6 of 9
Je
Kf
Rights of Mortgage or Lienholder. In the event of cancellation or forfeiture
of a sale agreement for cause, the holder of a propedy recorded
mortgage, conditional assignment, or collateral assignment will have the
option to acquire the agreement for the unexpired term thereof, subject to
the same terms and conditions as in the original instrument
Rights-of-way. All trails or roads in existence at the time the land is sold
may be considered to be an easement for public use. Nothing herein
contained shall prevent the mayor or planning director when ~pplicable
from specifically reserving such additional easements and rights-of-way
across KPB lands as deemed reasonable and necessary prior to the sale
thereof.
Lo
U~
Sanitation. KPB and FANDELS agree to comply with all regulations or
ordinances which a proper public authority in its discretion shall
promulgate for promotion of sanitation. Premises under purchase or
lease agreement, or permit shall be kept in a clean and sanitary condition
and every effort shall be made to prevent any pollution of waters and
lands.
Shore Land Public Access Easement. As established by AS 38.05, KPB
lands sold or leased may be subject to a minimum 50 foot public access
easement landward from the ordinary high water mark or mean high water
mark.
Ne
Construction. This Agreement shall be deemed to have been jointly
drafted by both parties. It shall be conStructed according to the fair intent
of the language as a whole, not for or against any party. The
interpretation and enforcement of this Agreement shall be governed by
the laws of the State of Alaska. The titles of sections in this Agreement
are not to be construed as limitations of definitions but aro for
identification purposes only.
This Agreement has been executed by the parties on the day and year first above
written.
Kcnai Peninsula Borough, Alaska
KPB~andel- Exchange Agreement
Page 7 of 9
167
KENAI PENINSULA BOROUGH'
FANDELS'
Dale L. Bagley, Mayor
Dated'
Herman Fandel
Dated'
Irene Fandel
Dated'
ATTEST'
APPROVED AS TO LEGAL FORM
AND SUFFICIENCY:
Linda S. Murphy,
Borough Clerk
Holly B. Montague,
Assistant Borough Attorney
NOTARY ACKNOWLEDGMENT
STATE OF ALASKA
THIRD JUDICIAL DISTRICT
The foregoing instrument was acknowledged before me this.., day of
,2000, by Dale L. Bagley, Mayor of the Kenai Peninsula Borough, an
Alaska municipal corporation, on behalf of the corporation.
Notary Public in and for Alaska
My commission expires:
~,
-.
Kcnai P cnimula Borough, Alaska
KPB~andcl- Exchange Agreement
Page 8 of 9
168
NOTARY ACKNOWLEDGMENT
STATE OF ALASKA
THIRD JUDICIAL DISTRICT
The foregoing instrument was acknowledged before me this
,2000, by Herman Fandel.
day of
,,
Notary Public in and for Alaska
My commission expires'
NOTARY ACKNOWLEDGMENT
STATE OF ALASKA
THIRD JUDICIAL DISTRICT
The foregoing instrument was acknowledged before me this
. ,2000, by Irene Fandel.
_day of
,,
Notary Public in and for Alaska
My commission expires'
Kenai Peninsula Borough, Alaska
KPB/Fandel- Exchange Agreement
Page 9 of 9
169
KENAI PENINSULA B OR 0 UGH
RESO UR CE PLANNING DEPARTMENT
LAND M,4NA GEMENT DIVISION
144 North Binkley Street
Soldotna. Alaska 99669
APPLICATION TO REQUEST THE NEGOTIATED PURCHASE, LEASE, OR
EXCHANGE OF BOROUGH OWNED LAND
A $200 FEE MUST BE SUrBMITTED WITH THIS APPLICATION. THE 5200 IS NOT APPLIED TO THE
PURCHASE PKICE AND IS 1LEFU,.'NDED ONLY IF THE APPLICATION IS NOT FOUND TO BE IN THE
PUBLIC'S BEST INFER.EST. IF APPROVED BY THE BOROUGH ASSEMBLY, A $1.000 EARN'EST MONEY
PAYMENT MUST BE SUBMITrED WITHIN SEVEN DAYS OF AFFIKNL-XTIVE ASSEMBLY ACTION.
THIS FORM IS TO BE COMPLETED BY INDIVIDUAL(S) OR ORGANIZATION'S WISHING TO PURCHASE,
LEASE OR EXCHANGE BOROUGH LAND PURSUA~ TO KPB 17.10.100(C) or (I). IT IS TO BE
COMPLETED, IN FULL, TO THE BEST OF KNOWLEDGE OF THE INDIVIDUAL OR AUTHORIZED
REP~SENTATIVE. IF REQUESTED, PROPRIETARY AND FINANCIAL INFOIL~L~.TION OF APPLICANTS
THAT. IS SO MARKED, WILL BE KEPT CONFIDENTIAL. THE ASSEMBLY MUST APPROVE, BY
ORDNANCE. ANY DISPOSITION OF BOROUGH LAu. ND.
ATTACH SEPARATE SHEETS IF MORE SPACE IS NEEDED FOR EXPLANATION. IF A SECTION (or,
portion thereof) IS NOT APPLICABLE, MARK WITH TIIE ABBREVIATION "N/A". ASK KPB LAND
MANAGEMENT STAFF IF YOU HAVE ANY QUESTIONS 'ABOUT THE INFORMATION REQUESTED.
PLE.ASE TYPE OR PRINT.
N,~ME OF INDI~UAL COMPLETING APPLICATION FOILM:
Mailing Address
Physical Address
Phone
,
OTHER INDIVIDUAL(S) OR ORGANIZATION(S) PARTY TO THIS APPLICATION:
a) Name _ .'~"~/?f ~- .,~.~/~~z Phone # (~,~7)fl./~o_.7 - 5?3"0 /
Mailing Address_ 7 & Y .Z /t f~_-, T~ // ~ tl/~,'~'/~'/1 .... ~? J /7 ,Jr
Physical Address 7~a ~ [ ifA" ,'~r~ · ~-~/)'-~ ~~//~ / ~ ~
Relationship to applicant(s)_ [~/1 ~-'~r .
0 ,o
Application tbrm tbr negotiated disposals
Page I of 5
Organization name /E.'/~ , ,,
Mailing Address
Physical Address
Primary, Contact:
Phone # ( )
Title:
,
.
TYPE OF ORGANIZATION: (CHECK ONE)
Individual ~~" ,,
Sole Proprietorship
General Partnership
Non-Profit Corporation ......
Limited Parmership
Non-Profit Association
Other Corporation
Note: Please submit, as appropriate, the following items with this application: I) current Alaska business
license; 2) designation of signatory authority to act for organization or individuals. If non-profit, has
II~ Tax Exempt Stares been obtained? Yes No If yes, attach letter of' determination. If no,
please attach certificate, articles of incorporation, by-laws, or other appropriate documentation.
TownsN_jp_. , Range , Section
"~'~'. ~.~.
Lot/BlOck/Subdivisio~ ......
,
Plat Number
Assessors Parcel Number(s)
Other description .
Recording District
, Meridian
S~'e?Acrcage
,
TttIS APPLICATION IS BEING MADE FOR THE FOLLOWING: (CIRCLE ONE)
Purchase Lease ~
Other (specify): , ,
Application form for negotiated disposals
Page 2 of 5
.
PROPOSAL:
b) Down Payment Amount (Minimum 10% of Purchase Price)'
c) Payment Terms (Maximum 10 years- except for agricultural land where maximum is 20 years) ·
d) Interest Rate (Minimum: prime plus 2%)'
OTHER TERMS AND CONDITIONS'
, ,
ARE THEP~ ANY CONTINGENCIES TO THIS TRANSACTION: YES ~ NO
IF YES. LIST:
.
PLEASE DESCRIBE ALL SPECIAL CIRCL~ISTANCES ANT) AN'Y OTHER REASONS YOU BELIEVE
THE BOROUGH SHOULD SELL THIS LAND TO YOU ON YOUR PROPOSED TERMS. BE SPECIFIC.
O'/£& 7/4£
.
IF PROPOSAL IS OTHER THAN FAIR MARKET VALUE, PLEASE STATE WHY IT WOULD BE IN'
THE "BEST PUBLIC INTEREST" TO APPROVE THIS PROPOSAL. INCL~E ALL SUPPORTING
~^CTS A~ r~ocrrME~rs.
lgoi~ou£11 P &o Pi ,q T Y ,qw~ k'~ / z L £HI/A ~ff £ TI/W ~qoRo oR//
Application form for negotiated disposals
Page 3 of 5
.
LAND STATUS: DESCRIBE ANY EXISTING IMPROVEMENTS' PROVIDE PHOTOGRAPHS IF
AVAIL.MSLE.
o
10.
11.
ATTACH SITE PLAN DEPICTING THE PROPOSED USE OF THE PROPERTY.
LIST ~E (3) ~D~ ~FE~NCES. ~ ~DITION, AN A~~ C~DIT ~PORT FROM A
LOCAL PRO$~ER IS ~QL~STED ~ BALANCE TO BE F~ANCED BY ~E BOROUGH EXCEEDS
$50,000.
NAME ADDRESS PHONE #
( )
( )
12.
HAS APPLICANT OR AFFILIATED ENTITY PRE~OUSLY PURCI~SED OR LEASED BOROUGH
OWNED LAND OR RESOL~CES ? YES ~NO IF YES, PROVIDE LEGAL DESCRIPTION; TYPE
OF PURCHASE OR LEASE; AND OJ'RRENT ~TATUS:
13.
HAS APPLICANT, OR AFFILIATED EN'ITrY, EVER FILED A PETITION FOR BANKRUPTCY, BEEN
ADJLFDGED B~UPT OR MADE AN ASSIGNM~ENT FOR THE BENEF~ OF CREDITORS ?
YES ~NO IF YES, EXPLAIN, INCLL~'qG DATES:
14.
IS APPLICANT, OR AFFILIATED ENTITY, NOW IN DEFAULT ON ANY.OBlIGATION TO, OR
SUBJECT TO ANY UNSATISFIED JUDGEME~ OR LIEN ? YES /,/NO IF YES
EXPLAIN:
Application form for negotiated disposals
Page 4 of 5
173
15.
COMPLETE THE FOLLOWING APPLICANT QUALIFICATION STATEMENT FOR EACH
I'N~IV~UAL APPLICANT OR ORGANIZATION. ATTACH ADDITIONAL STATEMENTS AS
NECESSARY.
APPLICA,XFr,.~IDDER QUALIFICATION STATEMENT
(printed name)
of
(address)
(city. state)
do hereby swear and affum
I am eighteen years of age or older; and
I am a citizen of the United States; a permanent resident; or a representative of a group, association or
corporation which is authorized to conduct business under the laws of Alaska: and
I am not delinquent on any deposit or payment of any obligation to the Borough; and
I am not in breach or default on any contract or lease involving land in which the Borough has
an interest; and
I have not failed to perform under a contract or lease involving Borough land m the previous five years
and the Borough has not acted to terminate the contract or lease or to initiate legal action.
Unless agreed otherwise in writing and signed by the Borough Mayor, I agree to pay recording fees,
closing fees, escrow setup fees, annual escrow fees, collection fees, surveying fees, and acquisition of
rifle insurance. If my proposal is to lease the land, I agree to provide a performance bond, general
liability insurance, provide a damage deposit, and pay for remote site inspection, if applicable.
I I-IEKEBY CERTIFY THAT THE INFOtLMATION CONTAINED HEREIN' IS TRUE TO THE BEST OF MY
KNOWLEDGE AND BELIEF.
Applicant Signature /Date Applicant Sign~t~e a
Print name
Print name
i:roy~applicat, frm- rev 11/96
Application form lbr negotiated disposals
Page $ of 5
174
To/V ~,,,? /
I
....................... ,,~/£~ 2'0
175
176
TAUR ! A ! NE'N TRA ! L ~
,
Parce 1 Number
Ownership Code
Use Code
Legal Description
Acreage
Land Value
Improvement Value
Raw Land Value
= 01354021
= 00
= VA
= T07N RllW S01 KN830051
= 27.41
= 29600
= 0
= 29600
Special Features Value = 0
Assessed Value = 29600
Taxable Value = 29600
Owner Name = FANDEL HERMAN E & IRENE E
****** AVERAGE
Parcel Number
Ownership Code
Use Code
Legal Description
Acreage
Land Value
ImproVement Value
Raw Land Value
Special Features Value = 0.00
Assessed Value = 29600.00
Taxable Value = 29600.00
Owner Name = ..
· o
· e
o o
· o
· ·
29600.00
0.00
29600. O0
******* TOTALS ***'***
Parce 1 Number
Ownership Code
Use Code
Legal Description
Acreage
Land Value
Improvement Value
Raw Land Value
Special Features Value = 0.00
Assessed Value = 29600·00
Taxable Value = 29600.00
Owner Name = ..
·o
·o
·e
·e
29600.00
0.00
29600.00
Total Parcels found: 1
Printed by: PLANNER 30-MAY-2000 15:24:3t
178
Page 1 'of 1
ALAS~ GUIDES AND IRENE'S LODGE
~AI. AK 996H Da~e g-//- z~) ~
PaytoCheorderof K-'C'~/~'/ f -~ /9" / '_/I/ f t:.,~/ ~ ~0 ~ d~ U. 4// J ' $ ,~ ~ . .__ ~ ~
K
~yBank Nmtioflal A~i~on
Kena~. Ale=R~ g9611
~:~5~00~7q,: ~O000~OB~J,' B~oq
89-87/1252
= 6209
· .~ lars I~=."='_
1'70
November 16, 2000
CITY OF KENAI
,,.
"oa 4
210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-283-7535
FAX 907-283-3014 ~
1992
Phil Bryson, Member
Kenai Peninsula Planning Commission
P.O. Box 1041
Kenai, AK 99611
EENAI PEMNS ULA BOROUGH NEGOTIATED LAND EXCHANGE -- FANDEL
Dear Phil,
At their regular meeting of November 15, 2000, the Kenai City Council passed a
motion asking you to request the Borough Planning Commission's postponement of
action on the negotiated land exchange for which Herman and Irene Fandel have
applied.
Some of the issues of concern the council and administration have with the requested
exchange are as follows'
· Due to timing, the item could not be advertised for the November 8 City
of Kenai Planning & Zoning Commission meeting and the Commission's November 22
meeting has been cancelled due to the Thanksgiving Holiday. The matter will be
included as a discussion item on the Kenai City Council's December 6, 2000 agenda.
· 'H'ds appears to be a longstanding "t~espass" situation.
· Should the illegal use of property be resolved by a "negotiated" exchange?
· - The public notice did not identify the property proposed for the exchange
or its value. The Council would like that information provided for its December 6
meeting.
Thank you for forwarding the request for postponement and requesting the additional
information noted above. As stated, the Kenai City Council will address the matter at
its December 6, 2000 meeting.
CITY OF KENAI
Carol L. Freas
City Clerk
Clf
NOV-29-2000 NED 09:32 KPB PLC NNIN6
AGENDA ITEM F.
.
NO, 9072628618
An Ordinance Authorizing A Land Exchange With Herman and Irene Fandel to Resolve a Long Stancling
Trespass on Borough Land Located Within the City of Kenai
Staff report as read by Max Best.
PC Meeting: 11-27-00
Exchange Proposal
Herman and Irene Fandel have submitted an application to request the negotiated exchange of Borough owned
land. The Fandels want to acquire Kenai Peninsula Borough (KPB) lancl described as a 160' by 154' parcel
located in the northeast corner of Government Lot 2, Section 4, TSN, R11W, S.M., Alaska, which can also be
referred to as a portion of Assessor Parcel No. 049-010-48.
The Fandels propose an equal value exchange of a portion of Tract 2, Fandel Subdivision, Plat No. 83-51, Kenai
Rec~3rding District. The Fandels propose to exchange approximately ten acres or the E 1/3 of Tract 2, Fandet
Subdivision, Plat No. 83-51. The actual amount of Tract 2 will be increased or decreased depending on the
appraised values of the KPB parcel and the Fandel property.
The Fandels cite the following special Circumstances in support of their negotiated exchange application:
Over the past 25 year~, we have improved and beautified the Lawton Drive lot, from a dump to a
clean attractive area, by doing a major clean up, installing 200' of storm drain, many loads of fill
dirt, planting trees, wild flowers and a large clean lawn. This lot has become an exlension of our
yard. We plan to maintain the present beauty of tills property as a part of our home.
The Fandels acknowledge their trespass and are willing to pay all costs required to resolve the trespass. The
Fandels have signed a Land Use Permit that authorizes their use of KPB land for one year. The KPEt is planning to
subdivide Government Lot 2 in preparation for sale pending resolution of barabara Indian dwelling sites. Notice
was sent to all owners within a half-mile radius of the subject parcel. Them are 399 parcels within the half-mile
radius and six notices were resumed due to insufficient address.
The KPB can evict the trespass or authorize it. The Borough has not chosen to evict the trespass So it must
attempt to authorize it. While trespass should not be rewarded and eviction is justifiable, the Assembly may
resolve trespass under KPB 17.10.220 (C) by selling lancl to the trespasser. The Assembly wilt ultimately have to
determine if the sale o1' the subject land to the Fandels results in the greatest public good and least private harm.
END OF STAFF REPORT
Chairman Hammelman opened the public hearing for comment.
1. Ray Price, 113 Deepwood Court
Mr. Price did not believe an exchange of land was appropriate. The Fandels should be evicted. The
property should be offered for sale so everyone has an opportunity to purcl~ase it. The property is next to
the high school. All utilities are available to the parcel, Mr, Price talked to some neighbors who expressed
Interest in purchasing the property,
Seeing and hearing no one else wishing to comment, Chairman Hammelman closed the public hearing and
opened discussion among the Commission.
MOTION. Commissioner Troeger moved, seconded by Commissioner Johnson, [o recommend enactment of the
Ordinance Authorizing A Land Exchange With Herman and Irene Fandel to Resolve a Long Standing Trespass on
Borough Land Located Within the City of Kenai.
Vice Chairman Bryson said he had been asked to request a continuance of the hearing per the letter on Page 148,
but first he wished to discuss the matter. He asked if the School District determined the subject property was in
excess to their long-term projections in conjunction with their need .[or fields, etc. Mr. Best replied he had not
discus._ sed this realtor with the School Di_etri~f. Tho
NOV-29-2000 NED 09:32 KPB PLP NNING
FP X NO, 9072628618
P, 03
government for school purposes. He was unsure il' the western portion of the property had been classified.
Vice Cl3airman Bryson did not believe 17.10 (... lancl to be sold or leased ~o resolve land use conflict or
unintentional trespa$$ may be excluded from classification...) allowed for this kind of situation. He thought the
trespass was intentional. He did not feet this approach was appropriate.
Commissioner Martin inquired about the history of the trespass. Vice Chairman Bryson replied the properb/was
developect in the mid1970s. He remembered a sign on the property advertising for clean fill. He thought much of
the soil came t:rom nearby City projects.
Commissioner Martin understood the Fandel$ chose to clean up the property and plant grass but did not build on
the property. Vice Chairman B~son agreed Vice Chairman B son understo
~t.__T..heY are r.e.questing a large parcel to th~ east, and it is larn~ than the ,....,o_cl.?h,e_,F.a. nd.e.? o. wned the adjoining
r~er~a~ was unable to sche,~ ~ ~, ,,-~,,,. ~......~.... ~.-,_._ ,,._ ,,__~_' , ~vu~pHn[ ?[ [ne rlllecl area. The City of
..u.e ,,, ~,,,.,,,,., -~==,,-u u~u~u me ~.,ommissJon s public hearing due to time constraints.
Commissioner Gannaway wondered if the subject ordinance essentiall rewar
Bryson noted lhe Fandels ask ,~.,,.~o,.. ,, ............ Y.. dad trespass. Vice Chairman
· ed to ~. .... ,,,o= ,,= p~upcny, iney acKnow~eclge they are trespassing.
Commissioner Troeger no~iced the ordinance and purchase agreement used the term "equal value" several times.
However, the appraisals of the Borough property and the Fandel property show a major difference between the
values. The Fandel property proposed for exchange is valued at $7 000
trespass is valued at $35,000 CommJssi,.,,,,~.- ',- .............. '7. , an.d the Borough property subject to
' · ,.,, ,=- HU=~l~r no[aa [ne staTr repor~ said lhe Fandei properly would be
~ncreased or decreased depending upon the appraised value. He asked if the difference in the appraised values
had been discussed with the applicant. Mr. Best responded no.
Chairman Hammelman concurred with Commissioner Troeger regarding the large difference in appraised values.
Commissioner Martin noted the Fandels mighl; have cleaned up the property without regard to acquiring the parcel
in the future. He agreed the discrepancy in price needed to be addressed. He lhought the applicants should
receive some kind of reward for doing a good deed for the City, but the unfair property values needed to be
resolved.
Vice Chairman Bryson did not know why the Borough would want to exchange parcels even if the values were
equal. The property being requested could be subdivided into three City lots and provided with paved frontage,
curbs, gutters, water, sewer, and storm drains. He believed the subject property was an appropriate place for
fields for the school. Part ol= the property is already developed as an industrial training complex. The subject
parcel takes about 1/3 of the frontage on Lawton Street. The property is relatively high ground. Vice Chairman
Bryson doubted the land exchange was in the best interest of the Borough He thought the properly should be
publicly offered. .
If the Borough decided to sell the subject property, Commissioner Johnson thought a public offering would best
serve the public.
Commissioner Hohl noted the resolution included information about expenses for eviction procedures but did not
address who would pay the cost of the subdivision or sale. Mr. Best replied the applicant would tasked with the
subdividing costs.
Chairman Hammelman noted the applicant's statement that the properly had become an extension of their yard.
He looked at the property recently. I1~ is a storage area for guide boats and appeared to be used for operating a
business.
Commissioner Troeger planned to vote against the motion. 17.10.220. B. authorized the Mayor to negotiate the
terms of a license to an unintentional trespasser, He did not believe the trespass was unintentional. He thought
the Land Management Ordinance contained clear reasons to deny the request.
MOTION: Vice Chairman Bryson moved seconded by Commissioner Gannaway, to postpone action to
December 11,2000. '
Vice Chairman Bryson said the motion for postponement was in accordance with a request from the Kenai City
KENAI p .
PAGE 9
NOV-29-2000 NED 09::32 P~H KPB PLC~NNING
NO, 90?2628618
P, 04
Council (Page 148). There are a number of issues involved, e.g. appropriateness of the conditional use for the
existing use and applicabilib,/on the adjacent properbj.
VOTE: The motion passed by unanimous consent.
PAGE 10
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Suggested by: Administration
City of Kenai
ORDINANCE NO. 1890-2000
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA
INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $3,000 FOR
A VOLUNTEER FIRE ASSISTANCE GRANT FROM THE STATE OF ALASIC~.
WHEREAS, the City received a $3,000 Volunteer Fire Assistance Grant from the
State of Alaska, Department of Natural Resources for the purchase of radio
equipment; and
WHEREAS, it is in the best interest of the City to accept the grant; and
WHEREAS, the $3,000 match for the grant is included in the Fire Department
small tools account.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA that estimated revenues and appropriations be increased as
follows'
General Fund
Increase Estimated Revenues'
State Grant
$3.000
·
Increase Appropriations'
Fire Department: Small Tools
$3.000
·
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 6u~ day of
December, 2000.
ATTEST:
JOHN J. WILLIAMS, MAYOR
Carol L. Freas, City Clerk
Approved by Finance'
(11 / 13 / 2000) jl
Introduced:
Adopted'
Effective'
December 6, 2000
December 20, 2000
December 20, 2000
Suggested by: Administration
City of Kenai
ORDINANCE NO. 1891-2000
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA
INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $7,946 IN
THE GENERAL FUND FOR LIBRARY COMPUTER EQUIPMENT.
WHEREAS, the Library received a reimbursement of $6,106.70 under the
Universal Service for Schools and Libraries (E Rate); and
WHEREAS, the intent of this program is to promote use of the intemet; and
WHEREAS, the Library needs additional computer equipment and software to
facilitate intemet access.
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:
Miscellaneous
$6.106.70
·
Increase Appropriations:
Library: Small Tools
Library: Computers Software
$3,106.70
$3,000.00
$6.106.70
·
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20t~ day of
December, 2000.
ATTEST:
JO HN J. WILLIAM S, MAY O R
Carol L. Freas, City Clerk
Approved by Finance:
(11 / 20 / 2000) jl
Introduced:
Adopted:
Effective:
December 6, 2000
December 20, 2000
December 20, 2000
Suggested by: Administra
CITY OF KENAI
ORDINANCE NO. 1892-2000
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
KMC 14.05.010 AND 14.05.105 TO ASSIGN THE DUTIES. OF HISTORIC
PRESERVATION TO THIS ~NAI PLANNING AND ZONING COMMISSION.
Whereas, the Kenai Historic Commission was eliminated by Ordinance No. 1887-2000
effective December 15, 2000; and
Whereas, in order to continue with its historic preservation Certified Local
Government (CLG) status, the City of Kenai wishes to continue some of the historic
preservation functions of the former Kenai Historic Commission; and
Whereas, the appropriate commission to assume those duties is the Kenai Planning &
Zoning Commission.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that KMC 14.05.010 and 14.05.105 be amended as follows:
SECTION I
14.05.010 Duties and powers.
[a] The Commission shall be required to perform the following duties:
(1) Review and act upon requests for variance permits, conditional use
permits, planned unit residential development permits, and other
matters requiring consideration under the Kenai Zoning Code.
(2) Interpret the provisions of the Kenai Zoning code and make
determinations when requested by the Administrative Official.
(3) Review the City of Kenai Comprehensive Plan on an annual basis
and conduct a minimum of one public hearing. Said recommendations
shall be forwarded to the Council for consideration.
(4) Promote public interest and understanding of comprehensive
planning, platting, zoning, land management, and other issues relating
to community planning and development.
(5) Propose plans for the rehabilitation or redevelopment of any area or
district within the City.
[6) Shall perform historic preservation reviews and duties as set forth
in KMC 14.20.105.
(b) The Commission shall act in an advisory capacity to the Kenai City
Council regarding the following matters:
(1) Kenai Zoning Code and Official City of Kenai Zoning Map
amendments.
(2) City and airport land lease or sale petitions.
(3) Capital Improvements Programming. The Commission shall submit
annually to the Council a list of recommended capital improvements
which, in the opinion of the Commission, are necessary and desirable to
Ordinance No. !892~2000
Page 2 of 3
be constructed during the forthcoming three-year period. Such list shall
be arranged in order of preference, with recommendations as to which
projects shall be constructed in which year.
(c) The Commission shall act in an advisory capacity to the Kenai
Peninsula Borough Planning Commission regarding the following
matters:
(1) Subdivision Plat proposals.
(2) Right-of-way and easement vacation petitions.
(3) City of Kenai Comprehensive Plan amendments.
SECTION II
14.20.105 Townsite Historic (TSH) District
(h) Review process. The Commission will review all building permit
applications as well as all exterior architectural alterations and
demolition to properties included in the Historic Preservation Plan. Upon
submittal of such an application, the Planning Department shall
schedule the application for review by the Planning and Zoning
Commission at the following appropriate meeting. [THE BOARD'S
RECOMMENDATION SHALL BE BASED UPON THE DEVELOPMENT
CRITERIA IN THIS SECTION AND ALL OTHER PERTINENT PROVISIONS
OF THE KENAI MUNICIPAL CODE.] Any other building permits within
the Townsite Historic District shall be handled administratively by the
Building Official.
[i) Historic Preservation. The Commission shall:
[!.) Conduct or cause to be conducted a survey of the historic,
architectural, and archaeological resources within the community. The
survey shall be compatible with the Alaska Heritage Resources Survey
and able to be readily integrated into statewide comprehensive historic
preservation planning and other planning ~rocesses. Survey and
inventory documents shall be maintained to protect the site location(s)
from possible vandalism. The survey shall be updated annually.
[2~ Review and comment to the State Historic Preservation Officer on all
proposed National Register nominations within the boundaries of the
City. When the Commission considers a National Register nomination
that is normally evaluated by ~rofessionals in a specific discipline~ the
Commission will seek expertise in this area before rendering a decision.
(3) Develop a local historical preservation plan that will be compatible
with the Alaska State Historic Preservation Plan and produce information
that is compatible with the Alaska Heritage Resource Survey.
[(i)] ~ Signs. Signs shall be as allowed as set forth in KMC 14.20.220(f).
[(j)] [k) Penalties. Penalties for non-compliance with this Chapter shall be
as set forth by KMC 14.20.260.
[(k)] [1) Definitions.
(1) Alteration-Any act or process that changes one or more of the
exterior architectural features of a structure, including, but not limited
to, the erection, construction, reconstruction, or removal of any structure
which requires a building permit.
Ordinance No. 1892-2000
Page 3 of 3
(2) Construction-The act of adding an addition to an existing structure
or the erection of a new principal or accessory structure on a lot or
property which requires a building permit.
(3) Demolition-Any act or process that destroys in part or in whole a
landmark or a structure within a historic district.
(4) Certified Local Govemment-A local government "that has been
certified to carry out the purposes of section 101(b) of the National
Historic Preservation Act."
(5) Historic District-An area designated as a "historic district" by
ordinance of the City Council, which contains within definable
geographic boundaries, one (1) or more landmark and which may have
within its boundaries other properties or structures that, while not of
such historic and/or architectural significance to be designated as
landmarks, nevertheless contribute to the overall visual characteristics of
the landmark or landmarks located within the historic district.
(6) Historic Preservation-The act of adopting regulations and restrictions
for the protection and preservation of places and areas of historical and
cultural importance to the Kenai.
(7) Landmark-A property or structure designated as a "landmark" by
ordinance of the City Council, pursuant to procedures prescribed herein,
that is worthy of rehabilitation, restoration, and preservation because of
its historic and/or architectural significance to the City of Kenai.
(8) New Development-Any development which requires a building
permit.
(9} Reconstruction-The.action of returning a structure to original state.
(10) Relocation-Any relocation of a structure on its site or to another
site.
(11) Renovation-To restore to a former better state (as by repairing or
rebuilding).
(12) Site plan-Schematic drawing complying with the development
criteria of this chapter and drawn to scale showing proposed structure in
relation to the site.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of
December, 2000.
ATTEST:
John J. Williams, Mayor
Carol L. Freas, City Clerk
Introduced:
Adopted:
Effective:
December 6, 2000
December 20, 2000
January 20, 2001
CITY OF KENA. /.//_
210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794.
TELEPHONE 907-283-7535
FAX 907-283-3014 ~
1992
M emoranClum
Date'
To:
From:
November 29, 2000
Richard Ross, City Manager ~
Klm Howard, Assistant to City Manager
Asstgn~nt~ oJ~ Shore Ftsherg Leases-
Tract A, City of Kenai Shore Fishery No. 1
Tract B, City of Kenai Shore Fishery No. I
Attached are requests for approval of two Assignments of Shore Fisher!t
Leases for the above-described properties from Thad A. Carlson and
Kendall H. ~-'--' - .
C~ ~,,,,~o,Ol, to Ted J. Crookston
The leases state, "Lessee with City's prior written consent, which will not
be unreasonably denied, may assign for other than collateral purposes, in
whole or in part, its rights as Lessee hereunder."
The City Attorney has reViewed the agreements and has no objections.
The parties are current in all payments to the City and taxes to the
Borough. If Council approves the transfers, Consents to Assignment of
$~r~ ~"/she~ Leas~ agreements can be prepared for your signature.
Cc:
Thad A. Carlson
Peggy Vannatta, First American Title
Attachments
/kh
11/29/2000 11' 34 4357525584 THAD A CARLSON PAGE 84
November 28, 2000
FROM: Kendall H. and Thad A. Carlson
567 East 1 100 North
Logan, Utah 84341
TO:
Kenai City c/o Kim Howard
210 Fidalgo Ave., Ste 200
Kenai, AK 99611-7794
__RECEIVED
We are requesting approva~l for assignment of Shore Fishery Lease's from KENDALL H.
CARLSON (Tract B) and THAD A. CARLSON (Tract A) to TED .l. CROOKSTON. Kendall is
selling h~is fish site. tools, equipment, permit~ and Icaaes to Ted with a tentative closing date of
lanuary 3 I, 2001. I~ in¢lude~ the permit and l~a~e~ in Thad'$ name.
Please attach your copy of Tract A and B for thc councils information. The assignment would
be effective upon closing.
The Crookstons have fished next to us on the North for over 36 yearn and know the business
very well. They currently have permits and leases for the area North of us with the state. They
do own their fish ~,e property.
Peggy Vannatta and Chris Rodreguez at First American title are handling thc closing for us in
Kenai. Recording will follow closing.
,.
Ifyou have any questions, please contact us at the above address or at (435) 752-1680.
Sincerely,
KE~ALL H. C ARA S ON
11/29/2000 11'34 4357525584 THAD A CARLSON PAGE 68
ASSIGNAT OF SHORE FISI~RY LFASE
This assignment is entered into between THAD A. CARLSON, Individually, whose
address is 567 East Il 00 North, Logan, Utah 84341 (Assignor)and TED I. CROOKSTON,
whose address is- 78 South Fairfield Road-PMB 134, Layton, Utah 84041 and in the Summer:
5~852 Spur Highway, Kenai, AK 99611 (A~i~¢¢).
Assignor does hereby assign and transfer all of his interest in ~he leasehold estate as
evidenced by that certain Shore Fishery Lease Asreemcnt with ~he CITY OF KENAI as Lessor,
recorded March 7 ~096, at Book 480, Page~~ Kenai Recording District, and coveting the
following-describert property:
Tract A, City of Kenai shore Fishery No. 1 as shown on Attachment "A";
to Assignee to have and to hold thc same from thc date hereof, for and during all of the
remainder yet to come of the term of said Lease Agreement.
Assignee ~. grees to comply fully with all the terms and provisions of the Lease, and to
hold the Assignor harmless from any liability arising thereunder.
IN WITN~. ~ ~ WHEREOF, the said Assignor has hereunto s~t his hand and seal this
day of /l/~ff t~ug-g_~ ~ _~.~~ .2000.
ASSIGNOR:
By:
A. CARLSON, Individually
ASSIGI~.'
TED J. ~I. OOKSTON, Individually
11/29/2888 11:34 4357525584 THAD A CARLSON PAGE 09
INDIVIDUAL ACKNOW~DGMENT
STATE OF UTAH
County of Cache
On the 28 day of November A.D. 2000, personally appeared before mc,
the signers of the within instrument, who duly acknowledged to me that they executed the same.
Commission expires:
Residingin-]..~~/~, .7~/~~
k_
Nota~ Publio
MARILYN J. ADAMS
112 ~
Logml. umll e4321
klatch I0,
State o! Utah
11/29/2000 Ii' 34 4357525584 THAD A CARLSON PAGE 18
s'r^T UT,
County of Cache
INDIVIDUAL ACKNOWL~GM~T
·
·
On the 28. day of November A.D. 2000, personally appeared before me,
the signers of the within instrument, who duly acknowledged to mc that they executed the same.
Commission expires:
Residing in:
Not~.q P~lblic
MAIIILYIII J. ADAMS
11~ NMIIt Mijn
i
~1 HAVE REVIEWED SHORE FISHE
,
IAND BELIEVE_ IT TO BE AN ACC
i SHORE FISHERY TRACT.
t
11/29/2000 11'34 4357525584 THAD A CARLSON PAGE 05
ASSIGNMENT OF SI~O~ FI~qHRRY_I.~ASF.
This assignment is entered into between KENDALL H. CARLSON, Individually, whose
addre~ i~ 276 North State 20, Richmond, Utah 84333 (,~$i§nor) and TED J. CROOKSTON,
who~e address is' 78 South Fairfield Road-PMB 134, Layton, 13't~h 84041 and in the Summer:
53852 Spur Highway, Kenai, AK 99611 (Assignee).
Assignor does hereby assign and transfer all of his interest in the leuehold estate as
evidenced by that certain Shore Fishery Lease Agreemem with the CITY OF KENAI as Lessor,
recorded March ?, !oo6, at Book 480, Page 66, Kenai Recording District, and covering the
following-described property:
Tract B. City of Kenai Shore Fishery No. 1 as shown on Attachment "A";
to Assignee to have and to hold the same from the date hereof, for and during all of the
remainder ye~ to come of the term of said Lease Agreement.
Assignee a:~rees to comply fully wi~h all the. terms and provisions of the Lease, and to
hold the Assignor harmless from any liability arising thereunder.
rN WITNESS W,~~OF, the said Assignor has hereunto set his hand and seal this
day of .~'~_~,'f_~~Z~J,/~ __ 2000. '
AS$I~OR:
By'
KENDALL H. CARLSON, Individually
ASSIGNS.' . "
~ J. ~l~OOKSTON,-i. ndividu~lly
11/29/2000 11'34 4357525584 THAI) A CARLSON PAGE 0~
INDIVIDUAL ACKNOWLEDGMENT
STATE OF UTAH }
SS
County of Cache
On the 2 ~'~ day of November A.D. 2000, personally appeared before me,
the signers of the wjti~in instrument, who duly acknowledgcd to me that they executed the same.
Ii/29/2808 11'34 4357525584
THAD A CARLSON
PAGE 07
INDIVIDUAL ACKNOWLEDGMENT
STATE OF UTAH )
SS
County of,~ache
On the 2~ day of November A.D. 2000, personally appeared before mc:,
the signers of thc within instrument, who duly acknowledged to mc that they executed the same.
Commission expires.
Residing in:
KENAI
U~IT$
pA ,q'y.j~ v' 7C~9~
.
$89'56'01 "W
TRACT
MHWL' ·
I HAVE REVIEWED SHOE[ FISHERY
AND BELIEVE IT TO ,-,E AN ACCUF
SHORE .:'!SHERv TRACT.
TRACT NAM-_". ADDRESS &: SIC
..
, ' ii ....
,,
Attachment "A"
KENAI MUNICIPAL AIRP
305 N. WILLOW ST. SUITE 200 KENAI, ALASKA 99611
TELEPHONE 907-283-7951
FAX 907-283-3737
Memo
To:
From:
Date:
Re:
Rick Ross- City Manager
Rebecca Cronkhite - Airport Manager '~~-~
November 27, 2000
Era Helicopter Parking -Special Use Permit
As you know, I have given Era permission to operate a helicopter from the south end
ofthe Airport Terminal to accommodate a 1-2 month contract they have in the Kenai
area. The City currently has no fee schedule for this type of operation so permission
was given with the understanding that the City would develop something
immediately.
I researched previously charged fees and Special Use permits to determine an
appropriate amount. Because this is a short-term operation, I used the charge
assessed for a Fish Haul Permit as a base and calculated the comparable square
footage used for parking. The space allocated for Fish Haul Permits is roughly six
times the space needed for this operation. The fee for use of electrical outlets is
based on a formula provided by The Homer Electric Association, calculated on a 20-
hour day. Both of these charges are incorporated into the Special Use Permit
attached for your consideration.
Enclosures
KENAI MUNICIPAL AIRPORT
SPECIAL USE PERMIT
DATE: November 27, 2000
The CITY OF KENAI for the considerations and pursuant to the conditions and requirements set
forth below hereby grants to:
Company Name:
Authorized Representative:
Billing Address:
Era Helicopter, Inc.
Gus Lapthorne - Director of Operations
6160 Carl Brady Drive
Anchorage, AK 99502
hereinafter sometimes referred to as the PERMITTEE the right to that area as designated by the
Airport Manager on the attached diagram, for the purpose of helicopter parking.
1. Term: This special use permit shall commence on the 1st day of November, and shall
extend to and through the 31st day of December, 2000. The permit period may be extended by
mutual consent of both parties.
2. Permit Fees: The Permittee, prior to the exercise of any privilege granted pursuant to' this
permit, shall pay a parking fee of $100.00 a month, plus $2.28 per day per electrical outlet, plus
applicable sales tax in full payment for the use or privilege specified herein, payable in advance.
3. Right of Entry: Entry and occupancy is authorized as of the 1st day of November 2000.
4. Place and Time of Payments: Ail payments shall be made on or before the 15th day of the
following month to the City Administration Building, Kenai, Alaska, or by mailing to the
following address: City of Kenai, 210 Fidalgo Avenue, Suite 200, Kenai, Alaska 99611.
5. Use: The use by the Permittee of the premises described above is limited to the
purposes specified herein and is not intended to grant any exclusive use to the described premises
unless otherwise provided above. This use is also subject'to the reasonable administrative actions
of the City of Kenai for the protection and maintenance of the premises and of adjacent and
contiguous lands or facilities.
6. In.surance: Permittee agrees to save the City harmless from all actions, suits, liabilities
or damages resulting from or arising out of any acts of commission or omission by the Permittee,
his agents, employees, customers, invitees, or arising from or out of the Permittee's occupation, or
use of the premises demised, or privileges granted, and to pay all costs connected therewith. In
this connection, the Permittee agrees to arrange and pay for all the following:
(a) Comprehensive general liability insurance protecting the City and/or its agents and
the Permittee, such insurance to be evidenced by a certificate of insurance showing
the insurance in force. Said comprehensive general liability insurance shall be in
the form of policy commonly known as a level limit policy combining bodily injuz~
and property and in an amount not less than $500,000.
(b) Airline/aircraft/passenger insurance in compliance with the limits set forth by 14
CFR 205.
(c) Insurance confracts providing liabili~ insurance shall provide ~or no~ less ~han
l~wenfy-(20) days written notice to ~he Cify of cancellation or expiration or
substantial change in policy conditions and coverage.
(d) Permi~ee agrees ~ha~ waiver of subrogation a§ains~ ~he Ci~] shall be requested by
PermiHee's insurer, and shall be provided a~ no cost ~o the Ci~.
(e) Lessee a~rees ~ha~ every insurance policy required will include an endorsemen~
naming ~he Ci~ as an additional insured to ~he ex~en~ of Ci~s indemnified
in~eresL
7. Forbearance: Failure to insist upon a strict compliance with the terms, conditions and
requirements herein contained or referred to, shall not constitute or be construed as a waiver or
relinquishment of the right to exercise such terms, conditions or requirements.
8. Regulations: The exercise of the use granted herein is at all times to be subject to the
regnlations §~vemin§ the Kenai Municipal Airport titled "Kenai Municipal Airport Regulations",
issued in 1976 or any amendments thereto. By signing this permit, the Permit'tee acknowledges
that he has received a copy of said regulations and has familiarized himself therewith and will
comply with the requirements of said regulations.
9. Solicitation: Solicitation of donations or the promotion or operation of any part or kind
of business or commercial enterprise not contemplated by this Special Use Permit upon, in, or
above airport lands without the written consent of the City, is prohibited.
10. Removal of Prol~ert~. Any or all personal or real property placed or used upon lands or
_ _
in facilities in violation of the preceding prohibitions may be removed and/or impounded, such
property may be redeemed by the owner thereof only upon payment to the City of the costs of
removal plus storage charges of $25.00 per day.
11. Cancellation: City reserves the fight to cancel this permit or to reassign Permittee to a
different location on 14 days written notice, either delivered in person to the authorized
representative named herein or his replacement or by mail to the address set out above. Any or
all personal or real property shall be removed at users expense upon cancellation or termination
of this agreement.
ERA Special Use Permit
Page 2 of 3
November 27, 2000
CITY OF KENAI
By:
Richard A. Ross, City Manager
PERMrITEE:
ERA HELICOPTER, INC.
By:
Gus Lapthome, Director of Operations
(If Permittee is a Corporation)
ATTEST:
Name and Title
STATE OF ALASKA
THIRD JUDICIAL DISTRICT
)
)ss
)
THIS IS TO CERTIFY that on this day of ,2000, Gus Lapthome,
Director of Operations, Era Helicopter, Inc., being personally known to me, having produced
satisfactory evidence of identification, appeared before me and acknowledged the voluntary and
authorized execution of the foregoing instrument on behalf of said business.
Notary Public for Alaska
My Commission Expires:
STATE OF ALASKA
THIRD JUDICIAL DISTRICT
)
)ss
)
THIS IS TO CERTIFY that on this ~ day of ,2000, RICHARD A.
ROSS, City Manager of the 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.
ERA Special Use Permit
Page 3 of 3 ·
Notary Public for Alaska
My Commission Expires:
November 27, 2000
Z
0
~.~
<~
Founded 1975
EXECUTIVE DIRECTOR
Kenneth J. Freeman
2000-2001 EXECUTIVE COMMITTEE
Robert B. Stiles, President
Charles W. Johnson, Sr. Vice President
Mark Henley, Vice President
Uwe L. Gross, Secretary
Stanley T. Foo, Treasurer
Allen Bingham
Charlie Boddy
James F. Branch
Charles D. Brower
Madlyn Crockett
Dennis Egan
Mano Fray
Paul S. Glavinovich
Ryan Lance
David F. MacDowell
Stephanie Madsen
Kirk McGee
H. Raymond Measles
David J. Parish
Elizabeth Rensch
Thyes J. Shaub
Scott L. Thorson
DIRECTORS
Irene A. Anderson
Dale Bagley
John A. Barnes
Richard E. Barrett
William Brophy
Frank M. Brown
Al Burch
Bruce Bustamante
Richard Cattanach
James L. Cloud
David C. Cobb
Stephen M. Connelly.
Jeffry J. Cook
Larry Daniels
George L. Erickson
Lod Eussen
Jeffrey Y. Foley
Donald S. Follows
Ronald A. Gelbrich
John K. Handeland
Joseph R. Henri
Jim Jansen
Erling T. Johansen
John Key
Paul Laird
Pete Leathard
Bdan J. Lettich
Robert W. Loescher
David L. Matthews
David McCambridge
William McLaughlin
Frank E. McQueary
James Mery
Wesley P. Nason
Bernard Nidowicz
John K. Norman
R. Michael O'Neill
Sarah H. Palin
Robert J. Pawlowski
Gall Phillips
William E. Pierce
Debbie Reinwand
John A.L. Rense
Dennis Roper
Jerome Selby
Patdck R. Smith
John L. Sturgeon
Cliff R. Taro
Rupert G. Tart, Jr.
Barry D. Thomson
Lon Trotter
Vincent Tutiakoff, Sr.
Nancy B. Usera
J.C. Wingfield
George P. Wuerch
Eric P. Yould
HONORARY DIRECTORS
Paula P. Easley
Phil R. Holdsworth
Rocky Miller
George R. Schmidt
William R. Wood
EX-OFFICIO MEMBERS
Senator Ted Stevens
Senator Frank Murkowski
Congressman Don Young
Governor Tony Knowles
Resource_, _ Development
for AiasKo, Inc, ~ west Fireweed Lane, Suite 250, Anchorage, Alaska 99503-2035
(907) 276-0700 Fax: (907) 276-3887 e-mail. Resources@akrdc.org
November 22, 2000
Mayor John J. Williams
City of Kenai
210 Fidalgo Ave Ste 200
Kenai, AK 99611
Dear John'
Thank y, ou so much for speaking a~, the Resource Development
~"~°uncii s 21st~Annual Conference, Alaska Resources: Expanding
Opportunities."
I heard many positive comments regarding the caliber of our
speakers and the wide range of Perspectives accommodated by
the program. The conference was not only timely, but
provocative and informative.
RDC appreciates speakers like you who are willing to share their
expertise and insights. Your contribution to this conference was
key in making this showcase event a success.
Again, thanks for your important contribution to the conference.
We appreciate speakers who are so willing to share their time,
expertise and talents.
Sincerely,
RESOURCE DEVELOPMENT COUNCIL
NC.
Executive Director
Carl Portman
Deputy Director
CITY OF KENAI
210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-283-7535
FAX 907-283-3014 ~
1992
M emoranClum
Date'
To:
From;
November 29, 2000
Mayor and Council
Richard A. Ross, City Manager
City Manager Search
At your December 20, 2000 Council meeting there will be a discussion item on the
agenda requesting the Council to set a work session date. The purpose of the work
session will be to discuss the processes you want to follow in the selection of the next
City Manager. Our present contract expires December 31, 2000. I am not interested in
entering into another multiyear contract. However, if it is your request to do so, I will
continue to perform under the terms and conditions of our present contract during the
search for a new City Manager. While it is my anticipation that a new Manager could be
selected and in place by June 30, 2001, I am willing to work with you in a flexible
manner to assure an orderly transition.
I have enjoyed working for you and for the citizens of Kenai. We have a great
community that is being well served by its employees. Community surveys have
indicated a high level of satisfaction with the cost effective delivery of services they have
experienced. Under these circumstances, there should be no problem attracting interested
and qualified applicants.
INFORMATION ITEMS
KENAI CITY COUNCIL MEETING
DECEMBER 6, 2000
,
.
,,
11/16/2000 Kenai River special Management Area Advisory Board meeting
agenda and minutes of the 10/19 / 2000 meeting.
State of Alaska 2001 Gaming Permit Apphcations: Nenana Ice Classic
Association, Inc. and Kenai Chamber of Commerce.
11/2000 Resource Development Council, Inc. Resource Review.
KENAI RIVER
ISpecial Management Area
"Working together...for the river"
***Tentative Meeting Agenda***
Ie
Thursday, November 16, 2000
7:00 p.m.
City of Soldotna - Council Chambers
CALL TO ORDER
A. Roll Call
B. Approval of 10/19/00 minutes
C. Agenda Changes and Approval
1I. PUBLIC COMMENT
m. NEW BUSINESS
A. Welcome new Board Members
B. Summary of EPA Research Grant A~vards for the Kenai River, Suzanne Fisler
C. Ground Water Monitoring Study, Mike Lilly and David Nyman
IV. OLD BUSINESS
A. Recreation Impact Study Committee Report, Chris Degemes
B. Commercial Operator Committee Report, Jeff King
V. PUBLIC COMMENT
VI. ADJOURNMENT
A. Board Comments
B. Date/Agenda of Next Meeting
PLEASE NOTE: Tentative Agenda Only; Please contact Ted Weliman or Chris Degernes
with additions or changes by 4 pm on Nov. 15.
Afternoon committee meeting schedule:
3:00 -4:00 pm: Commercial Operators Committee Meeting, Kenai River Center, Contact
Jeff King for more information.
4:00- 5:00 pm: Recreation Impact Study Committee Meeting, KRC, contact Chris
Degernes for more information.
5:00 - 6:45 pm: An orientation session and dinner with the new Board members will be
held at Mykel's Restaurant in Soldotnao All board members are welcome to attend and
participate.
Kenai Area Office, Box 1247, Soldotna, AK 99669, Soldotna 262-5581
Kenai Peninsula Borough, Box 850, Soldotna, AK 99669, Soldotna 262-4441
Alaska Division of Parks and Outdoor Recreation, Department of Natural Resources, in cooperation with the Kenai Peninsula Borough.
ge
II.
III.
KENAI RIVER SPECIAL MANAGEMENT AREA ADVISORY BOARD
Thursday, October 19, 2000
7:00 p.m.
City of Soldotna's City Council Chambers
CALL TO ORDER
A. Roll Call
Members present: Jeffrey King, Ted Wellman, Jim H. Richardson, Ann
Whitmore-Painter, Paul Shadura, Bill Schuster, Lance Trasky, Chris
Degemes, Tim Navarre, Deric Macorelle, Dick Bower for Ken Lancaster,
Peggy Mullen
Members absent: Jim Golden, Richard Ross, Robin West
Members resigned: Brannon Ames, Peggy Mullen (she will staY on the
Board until replaced.)
B. Approval of 9/21/00 minutes
The minutes were approved as written.
C. Agenda Changes and Approval
PUBLIC COMMENT
NEW BUSINESS
A. Recognition of Kenai Riverbend Resort and River & Sea Marine-
Boat Wake Study Assistance
The Kenai River Advisory Board recognized John Cho and Peter
Thompson for their assistance and contribution in the Boat Wake Study
program. John Cho was present to accept the plaque and letter thanking
him for donating boats and motors for the study.
B. Sportfishing License Trends - Jim A. Richardson, Doug Vincent-
Lang
Jim A. Richardson introduced a concern to the board regarding a decline
in the number of residents purchasing fishing licenses. He went over the
declining resident angler numbers and the rising non-resident anglers. Jim
then showed a graph with resident and non-resident angler numbers
broken down into regions over time, which showed a decrease in anglers
in southcentral and southeast Alaska. He compared these numbers to the
general population in the southcentral area, which has been rising. Jim
stated that ADF&G's Doug Vincent-Lang & Bob Walker recently
developed a report regarding rates of participation in recreational fisheries.
This report shows that the older age group of resident anglers is going up
while the younger age group numbers are declining. Fish & Game will try
to find out the cause for this decline in resident sport fishing numbers
through surveys and interviews. Jim said the Kenai River Advisory Board
may wish to support youth and family fishing by encouraging certain
activities such as kids only fishing areas, free family fishing license for a
day, or some free parking for vehicles with children. He says this will
extend resident fishing opportunities for the younger generation.
Doug Vincent-Lang also discussed the report Fish & Game provided
regarding the decline in number of resident licenses in spite of population
rise. He went over the graphs provided that showed the decrease in
percent of population buying licenses during the period 1993-1999. Fish
.& Game has an operational plan to conduct survey research over this
seven-year period to find out why residents are not buying fishing licenses
conSistently.
Paul asked how the study compares to national trends? Doug said
nationwide license sales have stabilized and seen some growth; this is also
due to the Dingle Johnson funds that are increasing and mirror license
sales across the nation.
Peggy asked if dipnetting has become more popular than traditional sport
fishing, and thus are not purchasing sport fishing licenses. Doug said that
those people also need a sportfishing license and have been incorporated
in this report. He also said that subsistence is a different issue and people
do not need a sport fishing license to participate. '
Bill asked if the report was compared to the percentage of the population
that is part of the baby boom, which is a large part of the population.
Doug said they did look at that aspect but did not do any analysis on it and
that it may explain part of the decline but not all of it.
Jim H. said that on the graph in 1986 it flattened off for residents, does
that correlate with the mass exodus of the population that left state? Also
he asked if the free license for the over 60 people accounts for part of the
decline. Doug said that might be part of it but that is not accounting for
the decline we are seeing overall. Doug also said that the Fish & Game
Kenai River Special Management Area Advisory Board Meeting Minutes
October 19, 2000
Page 2 of 6
fund is being threatened by this decline since the resident license sales are
maintaining it.
Ted stated that the graphs show an overall decline across the state with it
being worse in southcentral and southeast. He asked if there was any
sense why this is worse in these areas verses the rest of the state. Doug
replied that they didn't have an explanation for that trend.
Paul asked how this compares to sport hunting and said maybe we need to
brace for continued change and strive for quality and not quantity. Doug
said this survey should help answer these questions.
Ann asked if the cost of fishing licenses is part of the problem. Doug said
cost is not part of the problem.
Ted said there has been a tremendous increase of pressure on the resource
even though resident numbers are down and non-resident numbers up and
assumes the study will show why the participation rate is declining.
Doug said that Fish & Game may ask the board to take an active stand to
discourage illegal stocking of fish in the Kenai River drainage. There is a
large cost associated with poisoning these fish in lakes and we may never
be able to get rid of them. Doug also said that if anyone hears of other
places where this stocking has taken place to let Fish & Game know. He
said this is increasing and is a real threat on the peninsula to the
indigenous fish in our area. Lance said that people order these fish
through Fed Ex and Fed Ex does not check these shipments. Doug says
that there is legislation to make penalties stiffer for illegal stocking. Other
board members also suggested a reward system for reporting illegal
stocking and T.V. ads for trying to get this information to the public.
C. Recreation Impact Study Discussion- Doug Vincent-Lang, Chris
Degernes
Chris said this study might help to answer why resident anglers are
decreasing their participation in the fishery. Doug said he would survey
the opinions on the Kenai River fishery from people who have fished or
have not fished the river. This will be an opinion-based survey- what are
people's perception of the use patterns and the carrying capacity of the
fiver. Doug says that Fish & Game can probably do this survey for
$30,000 of the $60,000 remaining in the CIP grant.
Chris said that it would be interesting to see how people use the fiver now
compared to the 1992 study and whether the impacts that they experienced
then are similar now and if not, how they have changed. She said that
we'd also like to look at whether fiver users desire certain management
Kenai River Special Management Area Advisory Board Meeting Minutes
October 19, 2000
Page 3 of 6
changes, such as zoning the fiver for fishing methods, or other options
designed to reduce conflicts between fiver users, and improve the quality
of the recreational experience, etc.
Lance said that if Fish & Game asks the fight questions this survey could
really answer a lot of current questions. Doug suggested creating the
survey in the summer and sending it out in the fall. Ted asked if there was
a way to meld this survey with supplemental studies to compliment each
other.
Tim asked if anyone has thought of asking other questions on the fishing
license or other ways to do a survey instead of another mail out survey.
Doug said that Fish & Game does not want to make more work for the
vendors who sell the licenses. Ted asked if Fish & Game would like input
from the board on designs for the survey and Doug answered yes.
Tim suggested that if people fill out survey on the Intemet when
purchasing their license that they could get a discount for answering the
questions.
Chris suggested recreating the committee and bring this back to the board
in the next couple of months. Ted asked that volunteers get in touch with
Chris.
D, City of Soldotna's Kenai Riverbank Project Update, Dick Bower
Dick said the City of Soldotna received a one million dollar grant from the
federal government to do restoration on city property. The City is
developing an environmental assessment to outline the scope of work
consistent with the grant's purposes. The City plans to get the EA
completed this winter and start work in the spring on the projects. The
funds will be used to conduct restoration and habitat protection down
stream from Centennial Park boat launch and tie Centennial to the Visitor
Center fishwalk with stairway accesses, walkways and trails. Future
funding could help provide for new rest rooms in the campground,
handicap accessible parking area for access to the fishwalk. Dick said that
$25,000 from the current funding would be donated to the Kenai River
Center for bank restoration and protection.
Chris asked if the city has all the easements secured to connect Centennial
to the Fishwalk. Dick said they have all the easements except for crossing
the Russell property, but he is hoping they'll have that one by next
summer. He said Centennial Park is the focus of this project and money.
Dick said the city could receive one million dollars a year for the next five
years, for bank restoration work. He said he is not sure how the money will
be transferred, whether through the City of Soldotna or to NRCS for use
Kenai River Special Management Area Advisory Board Meeting Minutes
October 19, 2000
Page 4 of 6
across the peninsula. He is hoping to find out more in the next couple
weeks.
Jeff asked if the parking lot at Centennial would stay the same or were
there plans to rehabilitate the gravel fishing area adjacent to the launch
parking area. Dick said the project will address the area downstream from
the boat launch.
IV. OLD BUSINESS
A. Kenai River Water Quality Funding- Michelle Brown, The Nature
Conservancy
Michelle went over a handout and Said the first water quality sampling
date was on July 18th. There was a peak found for hydrocarbons at
Swiftwater Park and Soldotna Creek site. The peak signature suggested an
organic compound. A grant awarded to the Nature Conservancy funded
the cost for analyzing 20 samples, which cost $10,000. Northern Test
Labs analyzed the samples and provided a 30% discount on the cost to the
Nature Conservancy. The second sampling will be in the spring of 2001.
Michelle said at this time the program has secured commitments by
agencies and others for donations totalling $25,000 to fund the testing.
She said MOU's will be drawn up in December to help confirm the
commitments received. She was very pleased with the extensive level of
support she received for continuing the water quality testing. The
objective will be to conduct at least two samplings annually to document
water quality.
Bill asked how does the money donated match the budget as far as what is
needed. Michelle said it was a little over what she needs, which would be
$20,000 per year for 2 sampling efforts. She said that more money would
just mean another possible sampling date.
Deric said that since DEC's Water Quality Division's 319 Fund provided
funds for 2 years, he thought at' least $5,000 annually could be counted on
if needed.
Peggy asked if any of the hydrocarbon tests were done after a storm event.
Michelle said the test was not done during a storm, although it was a bit
rainy on July 18th. Michelle added that some experts recommended a
sampling schedule taking advantage of high water and low water.
Chris said that excess funds could be set aside for lean years and used for
special storm event testing.
Kenai River Special Management Area Advisory Board Meeting Minutes
October 19, 2000
Page 5 of 6
Ve
VI.
Bill asked for a summary of this testing and any more info on results sent
to monitors. Michelle said she would have information sent out.
B. Commercial Operator Committee Report, Jeff King
Jeff said the committee discussed amending the guide orientation to 3
times each year, ½ day for previous guides and a full day for all new
guides. Another recommendation would be that rental boat providers
would need to demonstrate that required safety equipment is provided for
their boats before they are issued permits. He also suggested tighter
stipulations for illegal guiding out of rental boats. Jeff said that they need
a better committee process and one more volunteer from the board. He
added that they will come to the board with formal recommendations next
month.
Tim suggested putting the committee meeting time and date on the agenda
so interested board members can attend. Bill volunteered to serve on this
committee.
Suzanne said she is going to try to compile information on citations and
warnings, and a list of complaints received on Kenai River activities, and
will separate the information into guide and non-guide statistics for the
next meeting.
PUBLIC COMMENT
ADJOURNMENT
A. Board Comments
Peggy said she would be happy to stay on the Board until she is replaced.
Chris introduced Joseph McCullough as the new Lower Kenai River Ranger,
replacing Rick Conover, who recently resignecl.
Ted said that he hopes that the board vacancies will be filled by the next
meeting.
Lance said that Dr. Maynard is making good progress on the boat wake study
results and is still shooting for a December draft.
Tim said he hopes the assembly will tackle board issues this coming year.
B. Date/Agenda of Next Meeting
November 16, 2000, 7 p.m. at Soldotna City Hall.
Kenai River Special Management Area Advisory Board Meeting Minutes
October 19, 2000
Page 6 of 6
Department of Revenue
Tax Division
PO Box 110420
Juneau, AK 99811-0420
Telephone 907.465.2320
ORGANIZATION INFORMATION
,,,
Federal EIN
23-73~8538
OIganizalion Name
Nenana Ice Classic Assn., Inc.
Mailing Address
P.O. Box 272
Nenana
State of Alaska ~.
2001 Gaming Permit Appl[cati:°n,,,._.. " 'i"
This form is also available on the interne[ at: www.rev~i]t' F'' '' ."
'Permit Number
2
Telephone Number
(907) 832-.5446
I Slale IZ. ip code E-mail Address
Alaska I 99760 , tripod@pttalaska.net
~ Charitable
I'"] Civic or Service
r"lj Dcg Mushers Associalion
["! Educational
ORGANIZED AS
~ Corporation
II Nonprofil Trade Associalion
["] Outboard Molor Association
r"], Police or Fire Department
r-] Political
C] Religious
C] Velerans
C] IRNNalive Village
TYPE OF ORGANIZATION (check one box. For definilion see AS 05.15.690)
I! Fishing Derby Association
C] Fralemal
rl Labor
['] Municipality
,
L.J Partnership i--1 Association
PERSONS IN CHARGE OF GAMES. Persons must be active members of Ihe organization, or an employee of the municipality, and designated by
Ihe organization. Members may not be licensed as an operator, vendor, or employee of a vendor.
IDaytime Telephone Number
,(907)832-5464
I:;rimary Member Name
James S. Allen
S~ial Security Number
517~82-6402
M~ilin(~ Add/.ess
· . ~ox 425
City, Slate and Zip Code
Nenana, Ak. 99760
Has the primaq~ member laken and passed the test? ,.,~[ Yes i] No
Pmmil number under which Ihe lest was laken.~..._...___z'
IDaytime Telephone Number
(907)832-5441
Alternate Member Name
Deborah A. Moore
Social Security Number
284-68-7910
Mailing Address
P.O. Box 647
City, State and Zip Code
Nenana, Ak. 99760
Has the alternate member taken and passed the te~st? ~ Yes C] No
Permit number under which Ihe lest was taken.
THESE QUESTIONS MUST BE ANSWERED. (see instructions)
C] Yes ~ No Has any member of managemenl or any person who is responsible for gaming activities ever been convicled of a felony, extortion, or
a violation of a law or ordinance of Ihis stale or another jurisdiction that is a crime involving lhefl or dishonesty or a violation of
gambling laws?
r'] Yes ~ No Does any member of managemenl or any person who is responsible for gaming activities have a prohibited financial interest
· ' as defined by 15 AAC 160.954 - 959.
We dec/are under penalty of unswom falsification, that we have exam/ned this application, Including any attachment, and that to the best of our knowledge and
belief, it is true and complete. We understand that any false statement made on this application or any attachments is punishable by law.
7 [:(.. i"=''"'"':'"""'' ,:,.,o
o,. v,.=. ...,. ,:,.,.
Daytime
Telephone
?.0. :Box 425 ~ena~a, A~. 99760 (907)832-544].
JPermitFee: Check the appropriale box and enclose the correct amount. The estimated
permit
fee
is
on
2OOO
gross
receipls.
i
· Make checks payable to the State of Alaska I
See instructions for mandatory attachments.
Form 04-826 (Rev 08/001 Front A cnnv nf thie =annlirstinn .... t he e,~n/tn -.11 .r~r~li,,**l~l ..... ;..-'--,~1-',; .... .a L ........
2001 Gaming Permit Application
IO;ganization Name .
Nenana Ice Classic Assn., Inc.
, , ,
Game Type (use for completing information below.)
Bingo Deep Freeze 'Classics
Raffles 12~ Musher's Contest
Puli-Tabs Dog Mushing Sweepstakes
CoMesl of Skills Fish Derbies
Canned Salmon Classics
ACTIVITES CONDUCTED BY ORGANIZATION
Facility Name Physical Address
,
James A. Coghill :
Community Center
Federal EIN
23-7318538
jPermil;umber"
Goose Classics ' Race Classics
Ice Classics Rain Classics
King Salmon Classics Salmon Classics
IVlmcmy Classics Snow Machine Classics
Game TyPe(s)'" Is Facility
,, ,
'.lst: &. A Street ~ Leased
Nenana, Ak. 99760 ~ Donated
,
I"I Leased
r-I Donated
!:] Ow.ed
I-I Leased
I-1 Donated
r"l Leased
I-1 Donated
r"! Donated
I-I Leased
r'l Donated
,
ACTIVITIES CONDUCTED BY VENDOR (pull-labs are Ihe only games a vendor can conduct) Vendor regist~ation and fee must be attached.
, , ,,, ,
Name of Vendor Physical Address Vendor Number
,
ACTIVITIES CONDUCTED BY OPERATOR
IName of Operator
Physical Address · Game Type(s)
Operator's U~:ense Number
ACTIVITIES CONDUCTED BY MULTIPLE-BENEFICIARY PERMITTEE
IName o! MBP ..... Physical Address Game Type(s) MBP Number '
, J ,
DEDICATION OF NET PROCEEDS. The organization must plan Io use Ihe net procoeds from gaming acltvilles for polilical, educ=llonnl, civic, public, chmilablo,
p,'llriolic or religious uses tn Alaska. (See el:alule~ end l'eoulaf~ns for eper;iflc, rule~.) In Ihe q):ar~ ~0'/J8,4, fell tV'l/~ ,/raft ~l~nI/~l/'/rl k~tarl/~ ~ II~l fha ~
............. .,,e-.- ........... _--- .... ..- -_..-_ ....... ;_,_- .........
Iqe.~na Public School, Dept. of I>ublic Safety, 2iz ;it Mental Heal~h, lqenana Public
Department of Revenue
Tax Division
PO Box 110420
Juneau, AK 99811-0420
Telephone 907.465.2320
State of Alaska
2001 Gaming Permit Application
AS O5.15.020
This form is also available on' the Internet at www.revenue.state.ak, us/tax/forms
ORGANIZATION INFORMATION
:Federal EIN
92-0117443
Organizalion Name
Kenai Chamber of Commerce
Mailing Address
402 Overland
city
Kenai
State
TYPE OF ORGANIZATION (check one box. For definition see AS 05.15.690)
l..:J Charitable il Fishing Derby Association
Iz~ Code
9611
Permit Number
00-482
Telephone Number
283-7989
Fax Number
283-7~83
E-mail Address
kencc@ptialaska, net
I-'1 Religious
I~J Nonprofit Trade Association
r'] civic or Service !-1 Fraternal
r"] Dog Mushers Association E] Labor
r'] Educational r'l Municipality
r-I Outboard Motor Association
I"! Police or Fire Department
r'l' Political
r"'i Veterans
r"l IRA/Native Village
ORGANIZED AS
I~ Corporation LJ Partnership [] Association
PERSONS IN CHARGE OF GAMES. Persons must be active members of the organization, or an employee of lhe municipality, and designated by
the organization. Members may not be licensed as an operator, vendor, or employee of a vendor.
primary Member Name
Amy Favretto
Social Security Number
354-54-4091
Mailing Address
· 402 Overland,
City, State and Zip Code
IDaytime Telephone Number
I 283-7989
Kenai, AK 99611
__
Has the primary member taken and passed the lest? I~1 Yes
Permit number under which the test was taken. 9 9-- 4 8 ?
L1 No
Alternale Member Name
Bill Klu~e
Social Security Number
550-11-0380
Mailing Address
130 Tradin~ R~y, #1 qO
City, State and Zip Code '-'
l(anni: AR' q9611
Has Ihe alternate member taken and passed Ihe test? I~ Yes
Permit number under which the lesl was taken. 9 ~--/4 ~ 2
IDaylime Telephone Number
283-3698.
['l No
THESE QUESTIONS MUST BE ANSWERED. (see instructions)
E]
:~ No Has any member of management or any person who is responsible for gaming activities ever been convicted of a felony, extortion, or
Yes
a violation of a law or ordinance of this state or another jurisdiction that is a crime involving lhefl or dishonesty or a violation of
gambling laws?
E]
Yes ~No Does any member of management or any person who is responsible for gaming activities have a prohibited financial interest
·
as defined by 15 AAC 160.954 - 959.
We declare under penalty of unsworn falsification, that we have examined this application, including any attachment, and that to the best of our know/edge and
belief, it is true and complete. We understand that any false statement made on this application or any attachments is punishable b ¢ law.
Primary Membe nalu're
IPresident or V~---.~Sresident Sidnature (seo ins{ructions)
!x
lMailing Address of Pr~ident or Vice Presidenl
500 ~ake S~., #3, [eaa~, ~
Printed Name
Amy Favretto
;Printed Name
Fred Braun
Date
Date
11/03/00
11/03/00
Daytime Telephone
283-1690
JPermitFee: Check the appropriate box and enclose the correct amounl. The permit fee is based 2000 estimated
on
gross
receipts.
Make checks payable to the State of Alaska
' ~[.~~_20,000 or new permit .................. $20 $20,001 - $100,000 .................. $50 r'l $100,001 or more .................. $100
:, IFor Department Use Only
IAII Permirtees
I[:::] Membership List
Il'"] PMIC & AMIC Test
New Permittees
I"! Documentation for 3 years
[:::] Articles of incorporation or bylaws
r"l IRS Certificale or tax exempt letter
!'"] Separate bank account
Form 04-826 (Rev 08/00) Front
See instructions for mandatory attachments.
A copy of this application must be sent to all applicable municipalities and boroughs.
2001 Gaming Permit Application
~rganization Name
Kenai Chamber of Commerce
Game Type (use for completing information below.)
IFederal EIN
92-0117443
Permit Number
00-482
,,
Bingo
Raffles
Puli-Tabs
Contest of Skills
Canned Salmon ClaSSics
Deep Freeze Classics
Dog Musher's Contest
Dog Mushing Sweepstakes
Fish Derbies
Goose ClaSSics
Ice ClaSSics
King Salmon Classics
Mercury Classics
ACTIVlTES CONDUCTED BY ORGANIZATION
Race Classics
Rain Classics
Salmon Classics
Snow Machine Classics
Facility Name
Physical Acidres~
Game Type(s)
Is Facility
Kenai Chamber of Commerce
402 Overland'
Kenai, AK 99611
,,
I-1 Leased
E] Donated
!-1 Owned
I"1 Leased
E] Donated
L1
O
n
0
r~
0
Owned
Leased
Donated
Owned
Leased
Donated
Owned
Leased
Donated
i--! Owned
0 Leased
1"1 Donated
ACTIVITIES CONDUCTED BY VENDOR (pull-tabs are the only games a vendor can conduct) Vendor registration and fee must be attached.
Name of Vendor Physical Address ve~d°r Number
N/A
,,
ACTIVITIES CONDUCTED BY OPERATOR
Name of Operator Physical Address Game Type(s)
Operator's Li'cense Number
N/A
ACTIVITIES CONDUCTED BY MULTIPLE-BENEFICIARY PERMITTEE
Name of MBP Physical Address
Game Type(s) ' 'MBP Number
....
N/A
DEDICATION OF NET PROCEEDS. The organization must plan to use the net proceeds from gaming activities for political, educational, civic, public, charitable,
3atriotic or religious uses in Alaska. (See statutes and regulations for specific rules.) In the space provided, tell how your organization intends to use the net
3roceeds from gaming activities. (Be specific) ,
Ail lawful activities as prescribed under AS.05.15.150. Including two Scholarship
Job Shadowing program, Beautification Program, Industry Appreciation day' Christmas
Comes to Kenai, 4th of July and sevral other community activities/
~ ~~ $~ ¢¢; I(oncor Forest Products Company
I.
~000
A periodic"~pu~,. Iication of the Resource Develepment Council, Inc.
;.
Intervention aimed at heading off potential Endangered Species Act listing
The Resource Development
Council, in conjunction with the Alaska
Oil and Gas Association, is intervening
on behalf of the National Marine
Fisheries Service (NMFS) to oppose a
lawsuit by environmental organizations
seeking to overturn NMFS's decision
not to list Cook Inlet beluga whales as
an endangered species.
And in an alignment of common
interests, the Municipality of Anchorage,
the Kenai Peninsula Borough and the.
Matanuska-Susitna Borough filed for
intervention in the same lawsuit to
protect the economic interest of
Southcentrai Alaska residents.
"We all want to see the beluga
whale population recover," said
Anchorage Mayor George Wuerch, in a
statement released from his office
October 30. "We believe NMFS made
the right decision, supported by science
-- not politics."
Wuerch said he believes that an
endangered species listing could reduce
the municipality's revenues markedly.
The economy of the municipality is
diverse, he said, but highly dependent
upon the waters and coastal area of
Cook Inlet. Any disruption of activities,
which occur in or along Cook Inlet, will
not only adversely impact Anchorage
and its residents, it will affect literally all
of Alaska, Wuerch said. Ninety percent
of the goods and supplies that citizens
depend upon across the state enter
Alaska through the Port of Anchorage.
NMFS earlier this year determined
:: '~ iSteller ~ea.,Llon
· i,~. economical, impacts.on
.. fishing fleet released
· FOr update, see page 6
the Cook Inlet beluga whale should be
listed as "depleted" under the Marine
Mammal Protection Act (MMPA). The
designation provides the agency with
the regulatory measures needed to
prevent the extinction of the beluga in
Cook Inlet and to provide for its recovery.
NMFS spent considerable time
reviewing the cause of the decline in
the beluga's Cook Inlet population and
concluded the best approach to
protecting the whale would be through
the MMPA as opposed to the
Endangered Species Act (ESA).
Environmental groups are
challenging that decision through the
courts.
(Continued to page 2)
Chugach land plan looks more
like a national park prescription
The Chugach National Forest's newly proposed 10-year management plan
has hit the street for final public review. A 90-day comment period is underway
through December 14.
If the new plan is implemented in its current form, there will be much less
opportunity for resource development activities in the forest. The plan will also
limit motorized access to designated routes and close a number of areas to
snowmachines. The plan emphasizes natural processes across most of the
forest with active management only in selected locations. It calls for undeveloped
recreation settings across most of the forest.
"Under this new management plan, my small five-man sawmill operation in
the second largest national forest in America will have no stable, reliable source
(Continued to page 4)
RDC, local communities intervene in lawsui
Local leaders fear "unprecedented scrutiny" of Cook Inlet activities
(Continued from page 1)
"RDC is intervening on behalf of
NMFS to protect the interests of our
members who live, work and play in
and around Cook Inlet," said Ken
Freeman, executive director of the
Resource Development Council (RDC).
"We must not undermine our economy
through an ESA listing with zero benefits
to the beluga whale."
Freeman noted that measures
taken by the Alaska Congressional
delegation, Native hunters and NMFS
have stopped the overall dramatic
decline of the beluga whale population.
An endangered species listing
would unnecessarily require NMFS to
monitor and more strictly regulate
virtually all human activity in the Inlet.
An ESA listing carries with it significant
additional consequences which offer
no additional protection beyond that
is
DeVelopment
derlY.:
afforded by the MMPA from the identified
cause of the decline in belugas ~
overharvest by Native subsistence
hunters.
Numerous local, state and federal
studies have concluded there is no link
between the decline of the beluga and
development activities. NMFS research
confirms these findings.
The MMPA gives federal regulators
the tools they need to strictly control
subsistence hunting and gives NMFS
authority to enter into comanagement
agreements with Alaska Native
organizations.
In the petition requesting an ESA
designation, environmentalists identified
a wide range of entities which they
believe may impact belugas and .whose
activities should be regulated or curtailed
under the ESA: Commercial and sport
fishing, tourism, ports and shipping,
military bases, the oil and gas industry
and community wastewater treatment
facilities.
"Restricting shipping to and from
Cook Inlet ports, thwarting efforts to
explore for oil and natural gas and
curtailing fishing is not the answer to the
belugas recovery," said Freeman.
"These types of activities are staples of
the Cook Inlet economy and have
nothing to do with the decline nor do
they impede the recovery of the beluga
whale. Furthermore, these activities do
not occur in a regulatory vacuum, as
they are strictly regulated under
numerous state and federal
environmental laws."
Under a draft conservation plan
recently released by NMFS, the
subsistence hunt would be limited to
two whales each season during the next
25 years. The plan also relies on other
restrictions to achieve a sustainable
population of animals by 2025.
With a conservation plan in place,
as well as other measures to protect
the belugas, NMFS is confident the
beluga population will recover.
"The population should be
recovering right now," said NMFS official
Barbara Mahoney. Because of the
measures now in place, an endangered
listing "is not warranted," Mahoney said.
In its draft conservation plan, NMFS
considered potential impacts to the
beluga whales from a wide range of
factors, including strandings,
commercial fishing, community and
industry discharges of all kinds, oil
development, shipping, and tourism.
The agency's research has shown that
these activities, which have been
ongoing in the Inlet for decades, have
caused "no direct or apparent
consequences" to the beluga whale
population.
Along with severely restricting the
subsistence hunt, the agency's
proposed regulations under the Marine
Mammal Protection Act would requir
management agreement betwL
NMFS and local Native hunters. Sale
of beluga products would be banned
and hunts could not occur before July
15 to protect newborn whales. The
regulations would also prohibit the
hunting of calves or adults with calves.
Given NMFS's findings, Kenai
Peninsula Borough Mayor Dale Bagley
believes an E SA listing would
unnecessarily force many regional
projects to go through additional time-
consuming and expensive review by
federal regulators.
"Most activities in the Inlet are
already subject to extensive regulatory
oversight through a myriad of federal
and state environmental laws," said
Bagley. "NMFS has the tools in place to
make sure the recovery continues."
"An ESA listing would be an
overreaction which could force
unprecedented scrutiny of activities
that have nothing to do with the decline,"
warned Mayor Tim Anderson of th'-
Matanuska-Susitna Borough. "-r
beluga's recovery will be helped by
what the agency is proposing through
the Marine Mammal Protection Act. And
an ESA listing could do serious harm to
existing Inlet activities and prospects
for new commerce in the future."
Conference focuses on gas, economic trends
The stars may finally be aligning for the long-sought
commercialization of the North Slope's immense natural gas
reserves. Domestic demand for natural gas in the Lower 48
is increasing steadily and there has been significant funda-
mental shifts in the power market that point to expanding
opportunities for Alaska in supplying North American con-
sumers with natural gas.
RDC's 21st Annual Conference, "Alaska Resources:
Expanding Opportunities," will feature a comprehensive look
at the options, technologies and opportunities for commer-
cializing North Slope gas reserves, as well as future pros-
pects and challenges confronting Alaska basic industries,
including mining, timber, fishing and tourism.
Set to open Thursday, November 16 at the Captain Cook
Hotel in Anchorage, the conference will feature a full-day
segment on North Slope natural gas issues, ranging from
) regulatory, permitting and legislative considerations to politi-
"cai and economic realities. It's the first time in recent memory
that such a broad array of gas issues, technologies and
options will be highlighted in a single Alaska forum. The
timing couldn't be better and the conference will serve as an
excellent opportunity for our members and policy makers to
get the latest on this rapidly evolving issue.
Two Canadian premiers will deliver the Yukon and North-
west Territories perspectives while the director of the Federal
Energy Regulatory Commission's Office of Energy Projects
will address the U.S. government's direction on North Slope
gas commercialization. Governor Tony Knowles will provide
a key update on the state's position.
Alaska's three major producers and owners of the gas,
Exxon, Phillips, and BP, will address their gas commercial-
ization efforts. The sponsors for the two major routes of a
Lower 48 gas pipeline will speak to their respective projects.
In addition, panels will focus on the GTL and LNG options,
as well as in-state use of North Slope gas. Some 23 speakers
will focus directly on the natural gas issue.
Early registration for the conference is strong as momen-
tum is building across Alaska and Canada for a gas pipeline
to the Lower 48. Several Canadian delegations are expected
to attend.
Although gas may be stealing the spotlight at this year's
conference, there are other significant issues and economic
trends that will be highlighted at the two-day meeting. On the
second day of the conference, Alaska's latest economic
trends will be featured and a special panel of timber, mining,
fishing and tourism executives will focus on prospects for
their sectors in 2001.
This year's conference promises to deliver a cutting-
edge agenda, spirited discussions and a taste of what the
future holds with respect to expanding opportunities. Given
the high interest in this year's program from our Canadian
friends and business associates in the Lower 48, the 2000
RDC gathering offers an excellent opportunity for Alaskans to
meet with senior executives and other decision makers. We'll
discuss trends, plans and strategies that will benefit your
company and Alaska.
Alaska, Alberta, Northwest Territories conclude meetings
Last month Alaska Legislators and business leaders,
including several RDC board members, concluded a week of
meetings with Alberta and the Northwest Territories aimed at
strengthening socio-economic relationships. The Alaska
delegation to Canada was led by Representative Gall Phillips,
Chair of the House Committee on Economic Development
and Tourism.
"Sixteen years ago Alaska entered into trade relations
with the people of the Yukon that has proven mutually
beneficial to our state and our Canadian neighbors," said
Representative Phillips. "1 am pleased to announce that
Alaska stands on the verge of recreating these successes
ten-fold with our neighbors in Alberta and the Northwest
Territories."
Alaskan legislators and their Canadian counterparts in
these two regions have spent over a year exploring the terms
of, and priorities for formal agreements. Each agreement will
focus on areas of mutual interest such as indigenous Native
groups, oil and gas exploration and development, construction,
arctic housing, transportation, wildlife co-management,
culture, tourism and education.
The latest series of meetings between representatives
from Alaska and Canada drew wide bi-partisan support from
Alaska legislators.
"The cornerstone for any formal relationship with our
Canadian counterparts must be shared commitment to mature
the well-being of the indigenous people of Alaska and Canada,"
said Representative Reggie Joule, a member of the delegation.
Alberta, Alaska and the Northwest Territories rely heavily
on exports in oil, natural gas, mining and forestry resources.
In 1998, Alaska's Gross Domestic Product totaled over $25
billion, which was primarily derived from these resources.
November 2000 / RESOURCE REVIEW / Page 3
New Chugach ores plan
emphasizes wild character
no annual imber sa'les
"Under this new management plan, my small five-man sawmifl operation
in the second l~rgest national [orest /n Amedca will have no stable,
reliable source of logs to meet my customer's needs."
(Continued from page 1)
- Greg Bell. Owner, Valley Sawmill
of logs to meet my customer's needs,"
said Greg Bell, the owner of Valley
Sawmill in Anchorage. "It is beyond me
why the Forest Service would release a
plan for a national forest of this size
without an annual allowable timber
harvest, especially when much of the
forest has been ravaged by spruce bark
beetles," Bell continued.
Bell insisted that "there is something
seriously broken here" when small
operators such as him cannot get timber
from a multi-million acre national forest.
"The only reason I am not out of
business is because we are getting
timber off of an inholding in the
Chugach," Bell noted. "The timber sales
under the current plan are so poor that
even firewood operators are refusing to
bid on them. It's not that the forest
doesn't have good timber."
Under the new plan, there won't be
any commercial timber sales, period.
The preferred alternative is a self-
fulfilling prophecy of "no demand" for
forest products, according to Rick
Rogers of Chugach Alaska Corporation.
Rogers noted that there is currently
little capacity for processing timber from
the Chugach since the Forest Service
lacks a meaningful timber sale program
under the current forest plan. "The For-
est Service relies on this to conclude
there is no demand," Rogers said. "The
irony is even small mills such as the
'v'alley Sawmill in Anchorage cannot
depend on Chugach National Forest
timber."
This timber harvesting occurred several years ago on private land inside the Chugach
National Forest. The area is now returning to its natural state.
The newly proposed and more
restrictive plan describes what activities
would be allowed in each zone of the
5.5 million acre forest from the Copper
River Delta east of Cordova to Prince
William Sound and the inner Kenai
Peninsula. It designates most national
forest land on the peninsula as
"backcountry," where some new trails,
campgrounds and public-use cabins
would be allowed, but commercial
logging would be banned. In the forest
as a whole, no areas would be managed
for commercial logging and road
construction would be prohibitea in
i inventoried roadless areas whiCh
comprise all but 2 percent of the forest.
Roads would be allowed as they are
needed for public health and safety, as
well as for reserved or outstanding
rights.
The plan also proposes Wilderness
designations for 1.8 million acres, most
of it in western Prince William Sound,
but with several hundred thousand acrr
in the Copper River Delta area. The,..
lands, as well as large blocks of
backcountry lands across the forest,
would be managed to maintain the
primitive character of the land. Many
recreational amenities, such as trails,
cabins, campgrounds, lodges and
"While the Forest Service claims the plan protects the rights of in-holders
to access their lands, the devil is always in the details... This all adds
up to more red tape, opposition, cost and delays for those
wishing to access their private lands within the forest."
- Rick Rogers, Chugach Alaska Corporation
permanent boat landings, would not
be allowed, nor would any roads be
permitted.
In addition, the plan also proposes
to designate eleven Wild and Scenic
Rivers in the forest, raising concerns
that such designations could block
access to lands with a management
prescription which permits some
resource development activity. The
proposed designations also raise
concerns over access to private
inholdings and adjacent lands.
"The recently-released plan is
extremely biased toward preservation,
which is what one would expect to see
in a management plan for a national
park," said Ken Freeman, RDC's
executive director. "The range of
alternatives across the forest lacks
balance between preservation and
multiple uses."
Of the plan's 23 management
prescriptions, all but two have a strong
preservation bias. The prescriptions
include specific direction on how to
manage different land areas and are
similar to city or borough zoning. Just
as areas in a community are zoned as
commercial, industrial or residential,
the forest prescriptions outline what is
allowed or not allowed in various areas.
The preferred alternative places
more than 99 percent of the forest's
land mass in highly-restrictive
categories and leaves less than a
quarter of one percent of the forest
under prescriptions which allows for
mineral development and
transportation/utility systems.
RDC, the Alaska Miners
Association and the Alaska Forest
Association, as well as Chugach
Alaska Corporation, have taken
exception to the lack of a reasonable
range of alternatives in the plan and a
number of provisions within the plan's
preferred alternative.
The new plan eliminates commercial logging
from the Chugach National Forest.
One major concern is that the
preferred alternative ignores
congressional language in section 501 (b)
of ANILCA by assigning prescriptions in
the Copper River area that are far more
restrictive than Congress intended.
Highly restrictive prescriptions in the
preferred alternative, including
Wilderness, will restrict multiple use
activities in the delta that are allowed by
Congress.
In expanding the boundaries of the
Chugach National Forest, Section 501 (b)
of ANILCA mandated by statute how
both the Copper/Rude River addition to
the Forest and the Copper/Bering River
portion of the forest would be managed.
The statute specifically stated that
multiple use activities would be permitted
in those areas added to the forest as long
as those activities would be consistent
with the conservation of fish and wildlife.
Another concern is that the preferred
alternative may violate 1326(b) of
ANILCA, the so called"no more" provision
that prohibits further studies of
Wilderness designations without the
authorization of Congress. The preferred
alternative recommends 1.8 million acres
of wilderness and 11 Wild and Scenic
Rivers, which may be in direct violation
of Congressional limitation on the
agency's authority. In spite of this
statutory guidance, the Forest Service
has proceeded to study additional
Wilderness and Wild and Scenic River
designations without Congressional
authorization.
Another issue is that the implica-
tions of the Clinton administration's
roadless initiative on the Forest Plan
are unclear. After the forest planning
process had been underway for almost
two years, top administration officials in
Washington D.C. launched their
"Roadless Conservation Initiative"
which would preclude new roads on the
98.8% of the Chugach Forest that is
deemed "roadless."
In a speech before the Resource
Development Council in September,
the Forest Supervisor Dave Gibbons
stated the plan might have to be
amended if the roadless rule takes
affect. The roadless rule could
essentially "trump" the already restrictive
preferred alternative, converting the few
areas that allow for possible new roads
to roadless status.
"While the Forest Service claims
the plan protects the rights of in-holders
to access their lands, the devil is always
in the details," warned Chugach Alaska
Corporation's Rick Rogers. "For
example, highly-restrictive
designations, such as Wild and Scenic
Rivers, are proposed within known
access corridors," Rogers pointed out.
"Wilderness designations will make in-
holder access more controversial and
difficUlt." In addition, forest-wide
standards and guidelines include large
coastal and streamside buffers with ill-
defined applicability, Rogers noted.
"This all adds up to more red tape,
opposition, cost and delays for those
wishing to access their private lands
within the forest," Rogers said.
November 2000 / RESOURCE REVIEW / Page 5
Juneau rejects flightseeing limits
In an October election, Juneau
voters strongly rejected a ballot
proposition which would have set limits
on flightseeing. More than 7,000
residents voted against Proposition 5
while some 3,000 residents favored
restrictions on aircraft.
Proposition 5 would have restricted
helicopter and floatplane activities by
prohibiting flights between 5 p.m. and 9
a.m., Sunday through Friday, and all
day Saturday. Those restrictions were
to apply during the busy summer tourist
season between May 1 and September
30.
In addition, the measure would have
created ordinances not only against
flights, but would have prevented the
City and Borough of Juneau from con-
ducting studies for new heliports. The
proposition would have also asked the
Forest Service to limit the number of
permits issued to operators conducting
overflights and landings on icefields in
the Tongass National Forest.
The Juneau vote isn't surprising in
a state where most of the land mass is
roadless, especially in Southeast Alaska
where aircraft are most often the most
feasible way to view the land and reach
An Era Helicopter transports tourists to a glacier near Juneau. Flightseeing is the most
popular activity among tourists visiting Alaska. (Photo courtesy Era Helicopters)
remote villages and towns.
"This sends an overwhelming
message to those proponents of the
initiative," said Bob Jacobsen, president
of Wings of Alaska. "But this is not the
end of the issue. We will be dealing with
this again."
"The voters made the right decision
sea liOn ... pr°tection under ESA takes toll
K0diak businesSes and the:local
fishingfle~t.are ~6eting the pinch from
Steller' i ~ea:.tion'.~'~rotection measures
cOming ~:~ibf..:t~' Enaange~d'"spe_
managers
i .::/Wi ilo.reed, to
leave.:' more;th a~i i~°4thirds 0~the :late
s u m~~0il°ck~tChi:~ the~' ~at~'r :for
alosS of $2':2..miilion "'
catch;", tak~e~~ bY boats...primarily :frOm
KOdi~;a~n8 Sa~d ~point,,~.toaied :2
million ~:~Snd~:~ signi.ficantly..feWer
~ats: ~Srked-. dudng? the Au.gUst:. 20
thmugh~:.-sePtember 30 .opening:just
48compared to~':: 1'::.1;'2"last year,
. .
The..'low numbers stem from a
cou~ order" designed to protect:: the
Steller sea lions. Since August, all
trawlers have. been. banned from fish-
ing Within 20 miles of. 122 sea/ion
rookeries and haul-outs, plus three
large at-sea fOraging areas in :the
Bering Sea and Gulf of Alaska. The
closed.areas cover a wide swath fm'm
PrinceWilliam S0und, down the Alaska
Peninsula and:West through the Aleu-
tian chain. Th'e ban will.remain in place
until:i.th.e NatiOnal Marine Fisheries
Service. comes,, up with. abetter plan to
protect sea lions., under the Endan-
gemd.'SpecieS:Act,
The restriCted areas completely
circle...Kodiak Island and'forces the
fishing, fleet out of 95 percent of its
known pollock groundS and most of
the major cod" and roCkfish areas.
(Continued to page 6)
both for local business impact and.
that of the tourists," said John Hansen,
President of the Northwest CruiseShip
Association. "For most people, the
flightseeing trip over the glaciers and
the backcountry is the highlight of their
vacation"
In fact, flightseeing is rated as the
most popular activity among tourists.
Over the past several years, Era
Helicopters has been working with local
groups to mitigate concerns over noise.
The company has selected routes to
minimize impacts on local residents and
has also been using modern aircraft
with new technology that reduces noise
levels.
"We were stymied every time we
tried to cooperate," said Chuck Johnson,
President of Era Aviation, the parent
company of Era Helicopters. "We
worked with a number of community
groups, but no matter how much we
compromised, it didn't seem good
enough."
While Juneau residents delivere.
strong mandate for flightseeing and
general aircraft operations, Johnson pre-
dicted the Juneau ballot measure is just
the beginning of a long series of battles
on motorized versus non-motorized
uses across Alaska.
It's not oil
versus beauty
in the Arctic
By Senator Frank Murkowski
WASHINGTON - Clinging to a
position that would prevent America
from developing some of the most
it
promising of s domestic energy
resources, Al Gore and Joseph
Lieberman have repeatedly stated their
opposition to oil exploration in a tiny
sliver of the Arctic Coastal Plain. They
say it would yield only a six-month supply
of oil, and only at the cost of the
destruction of a pristine wilderness. In
suggesting that we must choose
between Arctic oil and environmental
protection, they are presenting a false
choice.
What is at stake here, according to
the latest estimates of the United States
Geological Survey, is 16 billion barrels
) of oil - an amount sufficient to replace all
of our imports from Saudi Arabia for the
next 30 years. And it can be extracted
and moved to consumers in the "lower
48" states without harming the wildlife
that inhabits the coastal plain at various
times of the year. More than 25 years of
experience at nearby Prudhoe Bay, a
region that has supplied America with
roughly 25 percent of its domestic oil
production since the late 1970's, have
shown that energy production and en-
vironmental protection can coexist.
At the time Prudhoe Bay was
discovered, some claimed that oil
development would devastate the
central Arctic caribou herd. Today that
herd is more than triple the size it was
then. Nesting populations of migratory
birds in the area are also on the rise. It
is clear that we now have the technology
that can both develop the oil and protect
the environment.
The 19 million-acre Arctic National
Wildlife Refuge is roughly the size of
South Carolina. In 1980, Congress de-
clared 8 million acres of the refuge as
strictly protected wilderness and an
additional 9.5 million as refuge lands off
limits to energy exploration. Mindful of
the fact that the remaining 1.5 million
,, ,. ,,
ANWR's Coastal Plain is covered with ice
and snow more than nine months out of the
year.
acres of coastal plain was North
America's best and last hope of a giant
oil discovery, Congress designated the
coastal plain as a special study area
that could be opened to oil and gas
leasing.
In the intervening years, a federal
environmental impact study has shown
that exploration of the coastal plain
could occur during the winter, when
animals are not present and no habitat
would be disturbed, to determine if any
recoverable oil is even present. If a
large oil field were found, the oil could
be developed using directional drilling
technology, which requires very little
use of land at the surface. It would
disturb only 2,000 acres or less of the
flat, treeless tundra that makes up the
coastal plain.
In other words, we can determine if
the oil is there with no environmental
impact at all, and if a very large field
were found, we could develop it with
minimal environmental impact. The sad
fact is, at present, we aren't even allowed
to look.
America will remain dependent on
oil for the foreseeable future, and
increasingly, our dependency is on
foreign oil. During the Clinton-Gore
years, our oil imports have soared 17
percent while domestic production has
decreased 14 percent. We now rely on
foreign suppliers for 58 percent of our
crude oil, and that reliance carries
several risks.
As we import more oil on foreign
tankers, which lack the safety features
required of American ships, the risk of
oil spills increases. Pushing production
out of America to nations without our
environmental standards increases glo-
bal environmental risks. Moreover, our
growing dependence on foreign oil, in-
cluding oil from Iraq, is inconsistent with
our foreign policy objectives. And we
endanger our economy as we rely in-
creasingly on a cartel for an essential
resource.
Mr. Gore and Mr. Lieberman her-
alded the recent release of oil from our
existing Strategic Petroleum Reserve
as instrumental in easing prices and
building inventories of heating oil. But
they oppose looking for the oil field that
many geologists think may be under
Alaska's coastal plain - a huge field that
could have a meaningful and sustained
effect on consumer prices. We are flirt-
ing with danger by refusing even to see
what may lie under the coastal plain.
Sea lion impacts ...
(Continued from page 6)
Those species pump $44 million into
the Kodiak economy in a given year.
Kodiak braced for a big downsizing
in pollock harvests this summer be-
cause nearly all of the fish are typically
caught within the 20-mile area that is
now off-limits. Pollock comprises nearly
half of all the fish landed each year in
Kodiak and helps keep processing work-
ers on the payroll all year long.
Processors are running only one
shift a day, instead of two shifts around
the clock. Kodiak has some 1,000 resi-
dent processing workers and many of
those that have been laid off are looking
for other work or leaving town.
Kodiak fishermen are worried that
cod fishing will be restricted next year
because cod has also been identified
as a food source for sea lions. Last
year, more than 85 million pounds of
cod worth $22.5 million were processed
off Kodiak docks.
The ban on bottom fishing could
reduce the tax base for local communi-
ties by as much as 70 percent. The
fishing industry statewide stands to lose
well in excess of $100 million annually
from prohibitions on trawling in sea lion
critical habitat areas.
November 2000 / RESOURCE REVIEW / Page 7
Two Decades
of
Responsible Growth
Koncor Forest Products
Company xvas established as a
joint venture company between
two Alaska Native village
corporations more than t~venty
years ago.
Over the years, Koncor has
grown through additional joint
ventures and timber purchases
to become one of Alaska's
largest private timber owners
and forest managers.
The Koncor Board of
Directors is comprised of
representatives from its owner
villages and guides Koncor's
overall direction. Says Board
Chairman and Natives of
Kodiak President' Tony
Drabek (pictured below,
left), "It's our job to provide
benefits for our current
shareholders and for future
generations as well. By taking
a long term view that balances
forest management activities
~vith the total well being of all
forest resources, we are
actively accomplishing both of
these goals."
::i iiii;:::!'!~e~i!?~?&i~,~?;,.:.:::.:''''''':''';:::': ,...: .... ' ....
~:~:. '~ :~i~i~i~i~::~:~i~i¢::~. ::~i~ ! ..... . ~:::
.... ~¢~:.:.. ~-::~i~:.~ -.~ -..:..~+~..,:.:;. ., ~,...?.. .~ !~:~:.-
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:5::' :~¢ ' '~-.:::- '.&:.~:' , ~' --~';' ::.<: 4:1 ~.!: -5
:': i~.':':', "'~~-'k~?: ' i:: . '" ":0~-"~.~:i:~::~'
As we begin this New
Millenium, xve reflect on two
decades of environmental
excellence and a continuing
commitmen~ to responsible
growth.
~ PRODUCTS
~r~ COMPANY
Resource Development Council
121 W. Fireweed, Suite 250
Anchorage, AK 99503
ADDRESS SERVICE REQUESTED
~2:P"*'*'***"*'*'*'*~DIGIT ~ 11
.~OHN WI LLtAMS
2'~0 FID~GO AVE STE 200
; ~,l,,i,i,,,~i,,,,,;i,,,lii,,,~t,,,il,l,,,i,,i,,,itii,,,,, j,,t
Bulk Rate
U.S. Postage
PAID
i Anchorage, AK
i Permit No. 377i
AGENDA
KENAI CITY COUNCIL- REGULAR MEETING
DECEMBER 6, 2000
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
httD ://www. cl. kenai, ak. us
ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes)
ITEM C: PUBLIC HEARINGS
1. Ordinance No. 1884-2000 -- Amending KMC 14.20.321 Requiring Inspection
of Buildings Prior to Issuance of a Bed and Breakfast Conditional Use Permit
and Requiring Inspections Every Other Year Thereafter.
a. Remove from table.
b. Consideration of ordinance.
c. Substitute Ordinance No. 1884-2000 -- Amending KMC 14.20.321
Requiring' Inspection of Buildings Prior to Issuance of a Bed and
Breakfast Conditional Use Permit and Requiring Inspections Every
Other Year Thereafter.
2. Ordinance*No. 1885-2000 -- Requiring: (1) Home Occupation Day Care
Facilities to be*Inspected for Compliance with the Fire Code Prior to Issuance
of a Permit and Every Other Year Thereafter; and (2) Other Home
Occupations to be Inspected for Fire Code Compliance Prior to Issuance of a
Permit if Deemed Necessary by the Fire Marshal.
a. Remove from table.
b. Consideration of ordinance.
c. Substitute Ordinance No. 1885-2000 -- Requiring: (1) Home
Occupation Day Care Facilities to be Inspected for Compliance with
the Fire Code Prior to Issuance of a Permit and Every Other Year
Thereafter; and (2) Other Home Occupations to be Inspected for Fire
Code Compliance Prior to Issuance of a Permit if Deemed Necessary
by the Fire Marshal.
3. Ordinance No. 1889-2000 -- Increasing Estimated Revenue and
Appropriations by $2,300 in the Senior Citizen Title III Grant Fund for a Grant
From the State of Alaska.
4. Resolution NO. 2000-68 -- Transferring $10,000 in the Water and Sewer
Special Revenue Fund for the Geographic Information System (GIS)
Mapping Project.
5. Resolution No. 2000-69 -- Awarding the Bid to Seekins Ford for an
Emergency Squad Fire Apparatus for the Total Amount of $148,142 and
Authorizing Use of the Equipment Replacement Fund for the Purchase.
6. Resolution No. 2000-70 -- Urging the Kenai Peninsula Borough Assembly's
Passage of Their Ordinance No. 2000-59, Authorizing the Borough to
Negotiate an Agreement with the State to Operate a Prison Facility and to
Publicly Solicit Bids or Proposals for the Land, Design, Construction, and
Operation of an 800 to 1,000-Bed Medium-Security Prison Facility to be
Financed with Municipal Revenue Bonds.
ITEM F: CORRESPONDENCE
ITEM G: OLD BUSINESS
1. Discussion -- City Economic Forum
2. Discussion -- Proposed Kenai Peninsula Borough Negotiated Land
Exchange/Herman & Irene Fandel, Applicants.
ITEM H: NEW BUSINESS
1. Bills to be Paid, Bills to be Ratified
2. Purchase Orders Exceeding $2,500
3. *Ordinance No. 1890-2000 -- Increasing Estimated Revenues and
Appropriations by $3,000 for a Volunteer Fire Assistance Grant From the
State of Alaska.
4. *Ordinance No. 1891-2000 --Increasing Estimated Revenues and
appropriations by $7,946 in the General Fund for Library Computer
Equipment.
5. *Ordinance No. 1892-2000--Amending KMC 14.05.010 and 14.05.105 to
Assigning the Duties of Historic Preservation to the Kenai Planning and
Zoning Commission.
· 6. Approval -- Assignments of Shore Fishery Leases -- Tracts A & B, City of
Kenai Shore Fishery No. 1/From Thad A. Carlson and Kendall H. Crookston
to Ted Jo Crookston.
7. Approval -- Special Use Permit/ERA Helicopter, Inc. -- Helicopter Parking.
EXECUTIVE SESSION - None Scheduled
ITEM K: ADJOURNMENT
The public is invited to attend and participate. Additional information is available
through the City Clerk's office at 210 Fidalgo Avenue, Suite 200 or visit our
website at http://www, ci.kenai.ak, us
Carol L. Freas, City Clerk D516/211
MAKE PACKET5
COUNCIL PACKET DI.STRIBUTION
ICOUNCIL MEE~NG DATE: .;. I
M~¥o~/¢oun¢il Afto~n~y
Clerk
Police Department
,Senior Center
Library
Fire Department
A6ENDA DISTRIBUTION
Sewer Treatment Plant Streets
Shop bock
Building/Maintenance Animal Control
Water/Sewer Counter
Fax by computer to
Contacts; A~enda List'
Microsoft Fax from
printer list;
Address Book;
Assembly Members
KSRM
HEA
Kenai Chamber of Commerce
,Ton Little (Doily News/Soldotna)
KVCC
KDLL
Ebb
bELZVER
Council Pockets to Police Department Dispatch desk.
The Clarion will pick their packet up at City Hall; usually on Mondays. The portion of
the agenda published by the Clarion should be foxed as soon as possible after Noon on
packet day. Home Page documents (agenda, resolutions and ordinances for public
hearing) are placed in the Clerk's HTML file. Place them onto the city's website from
there as soon as possible.