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Home My WebLink About1989-02-01 Council PacketKenai City Council Meeting Packet February 1, 1989 mmmmem mm mmmm mm*rm n mm mmmnmi mm n^ nnrnml ��. .. n _.. _._ �" mmmm i rr ,. n mnm +n o „,r ,. ,n m. r nA. wnmn m,mmnn mmm mmm n mm mmm mm ,r nnn n mn .:. AGENDA PUBLIC NOTICE KENAI CITY C©UNC1- REG`ILAR MEETING The Council of the City of Kenai wiN be sitting as a Board of Ad- FEBRUARY 1, 1989 - 7:00 PM justment on Wednesday, February 1, 1989 at 7:00 P.M. In the 3. Board of Adjustment Council Chambers, 210 Fidalgo, Kenai, to hear an appeal by Mr. Appeal of Planning 8 Zoning decision to approve Foster David A. McKechnie. Const. request fob RN park off Beaver Loop Rd. - David The Planning 3 Zoning Commission has approved a request by McKechnie Foster Construction to develop a recreational vehicle perk off Beaver C. PUBLIC HEARINGS Loop Road. 1. Resoluton 89-7 - Support of the Site of Kenai Bicentennial The public Is invited to attend and partickm de, or submit written 2. Resolution 89-8 - Ctty Provide 50/50 Funding Support ;, testimony to the City Clerk before February 1, 1989. for Private and/or Government Donations to Bicentennial Janet A. Loper, Deputy City Clerk 3. Resolution 89-9 - Request State of Alaska Fund Water Quality Study of Kenai River Area - $100,000 ' 11 PUBLISH: 1116, 26, 27, 1280 19"211 4. Resolution 89.10 - Support for Ports Alaska Inc. and L _ _ _ _ _ — — — — _ _ _ _ _ — — —� Designating City Representative 5. • Renewal of Liquor License - Kenai Joe's Bar S. Renewal of Liquor License - Little Ski Mo Drive inn Kenai Country Liquor The public is invited to attend and partk1pate. Janet Ruotsala, City Clerk AGENDA KENAI CITY COUNCIL - REGULAR MEETING FEBRUARY 1, 1989 - 7:00 PM A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Board of Adiustment Appeal of Planning & Zoning decision to approve Foster Const. request for R/V park off Beaver Loop Rd. - David McKechnie 4. Agenda Approval 5. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non -controversial by the Council and will be approved by one motion. There will be no separate discussion of these items unless a Council member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. B. SCHEDULED PUBLIC COMMENT (10 Min.) C. PUBLIC HEARINGS 1. Resolution 89-7 - Support of the Site of Kenai Bicentennial y 2. Resolution 89-8 - City Provide 50/50 Funding c-� Support for Private and/or Government Donations to Bicentennial 3. Resolution 89-9 - Request State of Alaska Fund Water Quality Study of Kenai River Area - $100,000 4. Resolution 89-10 - Support for Ports Alaska Inc. and Designating City Representative 5. *Renewal of Liquor License - Kenai Joe's Bar 6. Renewal of Liquor License - -- Little Ski Mo Drive Inn Kenai Country Liquor D. COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Economic Development Commission r -4. Harbor Commission 5. Library Commission 6. Recreation Commission ---7. Planning & Zoning Commission 8. Misc. Comm/Comm E. MINUTES 1. *Regular Meeting, February 1, 1989 F. CORRESPONDENCE 1. *Alaska C&RA - FY 1990 Revenue Sharing - Millage Rate Equivalent and Data 2. Citizens' Coalition for Tort Reform - Legislative Agenda 3. *Haines Mayor Wallace - Thanks, Alaska Conference of Mayors 4. *Kenai Chamber of Commerce to Recreation Director McGillivray - Thanks, Ice Skating Rink G. OLD BUSINESS H. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Requisitions Exceeding $1,000 3. *Ordinance 1302-89 - Increase Rev/Appns - VIP Streets CIP - $915,000 4. *Ordinance 1303-89 - Increase Rev/Appns - Candlelight, Linwood Streets CIP - $649,000 -5. *Ordinance 1304-89 - Increase Rev/A ppns - E. Aliak, Highbush Streets CIP - $273,000 6. *Games of Chance & Skill - FOE Aux. of Aerie #3525 7. *Games of Chance & Skill - FOE Aerie #3525 8. Discussion - Requested Legislation Regarding Busby Decision - Protective Custody I. ADMINISTRATION REPORTS 1. Mayor 2. City Manager 3. Attorney 4. City Clerk" 5. Finance Director 6. Public Works Director 7. Airport Manager J. DISCUSSION 1. Citizens 2. Council K. ADJOURNMENT FEBRUARY 1, 1989 INFORMATION ITEMS 1. TO DO List - Jan. 4, 1989 2. Comm/Comm Application - JoAnn Elson 3. Comm/Comm Application - Brittany Nowak 4. Borough EDD Agenda - Jan. 26, 1989 5. TO DO List. - Jan. 18, 1989 6. Conference on the Future of Education in Alaska - March, 1989 7. Resource Development Council Newsletter - Jan. 1989 8. AML Legislative Bulletin - Jan. 20, 1989 9. Transfers of Funds Under $1,000 - Jan. 1989 10. Door\Windows Unlimited - Airport Terminal Building Renovation jr L J� COUNCIL MEETING OF COUNCIL MEETING OF 12--1- g 9 AGENDA KENAI CITY COUNCIL - REGULAR MEETING 3ANUARY 18, 1989 - 7:00 P.M. 6:00 PM - Work Session Visitors & Convention Bureau - Bicentennial Celebration A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Executive Session 4. Agenda Approval Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non -controversial by the Council and will be approved by one motion. There will be no separate discussion of these items unless a Council member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. B. SCHEDULED PUBLIC COMMENT (10 Minutes) C. PUBLIC HEARINGS 1. Ordinance 1280-88 - Amending Kenai Municipal Code, Title 1 - Supervision of All Employees of Dept. of Law and the City Clerk's Office Among the Powers and Duties of the City Administrator 2. Resolution 89-3 - Water & Sewer Rates, R/V Parks 3. *Renewal of Liquor License - Katmai Hotel Restaurant & Lounge 4. *Renewal of Liquor License, Transfer of Liquor License - The Rig Bar 5. *Renewal of Liquor License - Italian Gardens 6. Resolution 89-4 - Setting Public Hearing Date - Proposed E. Aliak, Highbush Special Assessment District 7. Resolution 89-5 - Setting Public Hearing Date - Proposed Candlelight, Linwood, Kaknu, Kiana, Baker, Lawton Special Assessment District 8. Resolution 89-6 - Setting Public Hearing Date - Proposed VIP Dr., Lora, Watergate, Ketch, Pirate, Muir Special Assessment District D. COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission KENAI CITY COUNCIL AGENDA JANUARY 18, 1989 Page 2 3. Economic Development Commission 4. Harbor Commission 5. Library Commission 6. Recreation Commission 7. Planning & Zoning Commission 8. Misc. Commissions/Committees E. MINUTES 1. *Regular Meeting, January 4, 1989 F. CORRESPONDENCE G. OLD BUSINESS H. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Requisitions :Exceeding $1,000 3. *Games of Chance & Skill - City of Kenai, Senior Citizens 4. *Games of Chance & Skill - Kenai Emblem Club #455 5. *Games of Chance & Skill - American Legion Post 20 6. *Games of Chance & Skill - Kenai Central High School. 7. Approval - Engineering for Additional Slips & Restrooms\Storage - Float Plane Basin - Wm. Nelson 8. Discussion - Swires Drive - Change Order #1 I. ADMINISTRATION REPORTS 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works :Director 7. Airport Manager J. DISCUSSION 1. Citizens 2. Council K. ADJOURNMENT KENAI CITY COUNCIL - REGULAR MEETING - MINUTES JANUARY 18, 1989 - 7:00 PM KENAI CITY HALL MAYOR JOHN J. WILLIAMS PRESIDING A. CALL TO ORDER A-1 Pledge of Allegiance A-2 Roll Call Present: Art McComsey, Ray Measles, Chris Monfor, Marj O'Reilly, Hal Smalley, Linda Swarner, John Williams Absent: None Councilman Smalley introduced two student representatives who will be representing Kenai Central High School at Council meetings for the coming year. A-3 Executive Session Cancelled per request of Mayor Williams. A-4 Agenda Approval a. Mayor Williams noted item D-7, minutes for Planning & Zoning Comm., distributed this date. b. Mayor Williams requested item E-1, minutes of last Council meeting, be removed from the Consent Agenda for addition of the amendment distributed this date. C. Mayor Williams asked that the Games of Chance & Skill applications distributed this date for American Legion and VFW be added to the Consent Agenda after item H-6. d. Mayor Williams asked that the memo from Clerk Ruotsala regarding Martin Luther King Day, distributed this date, be added under I-4. 1"0 *Eels Councilman Smalley moved, seconded by Councilman Measles, to approve the agenda as amended. Motion passed by unanimous consent. A-5 Consent Agenda Mayor Williams noted the Consent Agenda items had been discussed under A-4. MOTION: Councilman Measles moved, seconded by Councilwoman O'Reilly, to approve the Consent Agenda as amended. Motion passed by unanimous consent. B. SCHEDULED PUBLIC COMMENT None C. PUBLIC HEARINGS C-1 Ord. 1280-88 - Amending KMC, Title 1 - Supervision of All Employees of Dept. of Law and the City Clerk's Office Among the Powers and Duties of the City Administrator KENAI CITY COUNCIL JANURAY 18, 1989 PAGE 2 0030 0605 Councilwoman Monfor moved, seconded by Councilwoman Swarner, to adopt the ordinance. There was no public comment. Councilwoman Monfor. I am in favor of this ordinance because Council does not have to be involved in the day to day running of City Hall. There are no personalities involved with this. All three still answer ultimately to Council and are hired by council. Councilman Measles suggested an amendment to give "dotted line authority" to the City Manager and the rest to Council. Would that resolve the day to day concerns and still give ultimate authority to Council' Clty Manager Brighton replied yes. Councilwoman O'Reilly. I have had some second thoughts on this as well as input from citizens. Will this change the direct relationship between Council and tY.e Attorney? With this change, he could have a conflict between what the City Manager would want and what Council would want. Do you see problems along these lines? Atty. Rogers replied no. Councilwoman Monfor. U:timately we hire the City Manager, the City Attorney and the City Clerk. There should be no question wher(= their loyalties lie. The Manager would run the day to day matters. If there is a conflict between these t4ro, they should come to Council. Ultimately they answer o Council, we are the bosses. Councilwoman O'Reilly. If we request something from the Attorney, the Manager or the Clerk and the City Manager wanted something, there would be a conflict. City Manager Brighton. That would be the City Manager's problem. Councilman Smalley. Have there been problems? Is that the reason this is here? Atty. Rogers. None for the City Attorney. Clerk Ruotsala. None for the Clerk. Councilman Smalley. Then why fix it? Councilwoman Monfor. Council felt there have been problems. In reviewing the positions last year, this was requested. Councilman Measles. It goes back further than last August. It has come up from time to time. This giv(:s full supervision and control to the City Manager. This only gives Council the right to hire and fire, it takes away all authority to direct them. Mayor Williams. I have reviewed the history of this regarding administration of the City Attorney and Ci:y Clerk. It was changed several years ago. I have considerable concern with changing the wording to return to the situation then in place. I have much concern with two different people looking at something from two directions (the City Attorney and the City Manager). I find it interesting that many opinions ire coming forward. I think it is important that this continue as is. The City Clerk is a different situation. The relationship between the City Attorney, the City Clerk and the City Manager can be tenuous. I am reluctant to give up this relationship. I will vote against this. VOTE (Failed): Yes: Monfor, Swarner No: McComsey, Measles, O'Reilly, Smalley, Williams KENAI CITY COUNCIL JANURAY 18, 1989 PAGE 3 C-2 Res. 89-3 - Water & Sewer Rates, R/V Parks MOTION: Councilman McComsey moved, seconded by Councilwoman Swarner, to adopt the resolution. There was no public comment. Councilman Smalley. This came up at P&Z. There was concern regarding the length of the use season, it should be 3-4 months. Those rates could make it not a workable industry. The R/V people felt it was a 10 year pay-off and they did not need rates during the time of year there would not be anyone there. Finance Director Brown. I have no objection. These are the same rates as Soldotna, it is hard to compare theirs and ours. Their structure and dump station are different. Councilwoman O'Reilly. Regarding the time elements anc rates. It is about 50 cents per night, it will not break the tourists. Councilwoman Monfor. In my travels, I found anyone who comes to Alaska gets a free ride. This is nothing. People who come here do not questions rates. Mayor Williams. We are urging development of mobile home parks. We want to see this completed by Spring. Do we make provisions to meter water? Finance Director Brown. They can meter, based on the size of the line. Mayor Williams. Is the metered rate less, more or the same? Finance Director Brown. It varies with.the size- of the line. The option is there to go either way. Building Inspector Hackney had said some may be hard t(� meter. Mayor Williams. May through Sept. was suggested by the park owners. Councilman Measles. The size of line anci number of spaces has nothing to do with it. It is per parking space. If one camper is parked there and it was metered, what would the cost be? Finance Director Brown. The metered would be less. Councilman Measles It would not. make a difference. If one customer stayed one month with one R/V, it would be less than the flat rate. If the park is full, it would still be less than the flat rate. Finance Director Brown. There is a minimum charge that is quite high on a larger line. Mayor Williams. The metered rate is 1/4 the flat rate Councilman Measles. Because of the minimum charge. Councilman McComsey. It would go to demand after Sept 1? Mayor Williams replied yes. Councilman McComsey. What if there is somebody there? Councilman Measles. I think Sept. should be there but not May. MOTION, Amendment: Councilwoman O'Reilly moved, seconded by Councilwoman Swarner, to amend page 3, at top, to read "May through Sept." Further amend page 3, at bottom, "Oct. through April." Councilman Smalley. when king salmon season is over, this town is naked. Most of the king fishermen are local. 5-6 per day maximum are camping. The hunters are out of town. It is only one month but it could hurt business. Councilwoman Monfor. We are looking av long term things,guiding is becoming long term. If we KENAI CITY COUNCIL JANURAY 18, 1989 PAGE 4 are going to be year round tourism, we should think of more than just fishing in the river. VOTE, Amendment (Passed): Yes: McComsey, Measles, Monfor, O'Reilly, Swarner, Williams No: Smalley VOTE, Plain Motion as Amended: Motion passed unanimously by roll call vote. C-3 Renewal of Liquor License - Katmai Hotel Restaurant & Lounge C-4 Renewal of Liquor License, Transfer of Liquor License - The Rig Bar C-5 Renewal of Liquor License - It:alian Gardens Approved by Consent Agenda. C-6 Res. 89-4 - Setting Public Hearing Date - Proposed E. Al.iak, Highbush Special Assessment District MOTION: Councilman Smalley moved, seconded by Councilwoman O'Reilly, to adopt the resolution. There was no public comment. Motion passed by unanimous consent. C-7 Res. 89-5 - Setting Public Hearing Date - Proposed Candlelight, Linwood, Kaknu, Kiana, Baker, Lawton Special Assessment District MOTION: Councilwoman O'Reilly moved, seconded by Councilman Smalley, to adopt the resolution. There was no public comment. Motion passed by unanimous consent. C-8 Revs. 89-6 - Setting Public Hearing Date - Proposed VIP Dr., Lora, Watergate, Ketch, Pirate, Muir Special Assessment District MOTION: Councilman McComsey moved, seconded by Councilman Measles, to adopt the resolution. There was no public comment. Motion passed by unanimous consent. D. COMMISSION/COMMITTEE REPORTS D-1 Council on Aging Program Director Porter reported the Senior Center was opened up for ball room dancing. There were 5 senior:,;, the rest were public, including teenagers. They had t-o turn some away. She suggested ball room dancing lessons at the Rec Center. KENAI CITY COUNCIL JANURAY 18, 1989 PAGE 5 They are working with the Congregate Housing. They will meet with the Soldotna senior citizens. Councilwoman Swarner. There are mistakes on the names in the minutes, it should be considered a draft. Mayor Williams. I will be working with the Kenai Peninsula Caucus regarding Congregate Housing. The Soldotna Council voted 6-0 in favor. Mayor Williams. Regarding appointments to the Council on Aging. He sent a letter to Betty Warren, President, this date regarding the number of members on the Council on Aging. We have 9 now, we have to hold at 7. Mr. Schilling is serving as an ad hoc member, that would be 7. I am withholding concurrence on the remainder because of this matter. Councilwoman Swarner. The terms of Gene Sipperly and Patrick Carte(: expired. D-2 Airport Commission Councilwoman O'Reilly. The next meeting is Jan. 26. Mayor Williams. Construction on the airport terminal is under way. Public Works Director Kornelis. It is going smoothly. Councilwoman Monfor. There was a letter to the editor in the Clarion. It might behoove the City to say to the people that their taxes are not going up because of the airport terminal. Mayor Williams. I had Finance Director Brown prepare information for the paper. They will prepare an article. Councilwoman Monfor. I object to the statement that it is being done for the Bicentennial. How long will the construction take? Mayor Williams replied, 120 days. Councilwoman O'Reilly. Are they working on having soul) and coffee there? Airport Manager Ernst replied yes. The water line is in. There is a machine from Anchorage there now, a new one is coming. It should be next week. I have put up my coffee machine. Mayor Williams. There was much discussion regarding how to serve the public during renovation. It might do us some good for public relations if we had a sign: "please bear with us during remodeling." Airport Manager Ernst. We are going to paint the wall flat white. I have asked the director of the high school art class to have the students paint a mural. D-3 Economic Development Commission Mayor Williams. The next meeting is Jan. 19. D-4 Harbor Commission Councilman Measles. There was a meeting Jan. 9. They elected officers. Mayor Williams. The Governor has put in his budget $1 Million for the seafood industrial park. The question was asked, what happens if the Federal funds do not go through? I told him we would continue regardless of Federal involvement. D-5 Library Commission KENAI CITY COUNCIL JANURAY 18, 1989 PAGE 6 Mayor Williams. The Conference of Mayors used the Library conference room. D-6 Recreation Commission Recreation Director McGillivray. There will be a meeting Jan. 24. Councilwoman Swarner. The Recreation Comm. should loop at ball room dancing in the future and other things the Community Schools used to do. Recreational Director McGillivray. The problem is space. D-7 Planning & Zoning Councilman Smalley. They had a meeting Jan. li. They elected Pat Nault chairman and Phil Bryson vice chairman. There will be a public hearing Jan. 25 regarding site specific (for R/V parks), the zones were decided. Mayor Williams. P&Z should be commended for the R/V ordinance. At their Feb. 1 meeting, Council will. sit as Board of Appeals regarding the McKechnie appeal of Foster Bros. R/V park. ADDED ITEM: Mayor Williams. Councilwoman Swarner, Atty. Rogers and he will be in Juneau Feb. 1. D-8 Misc. Comm/Comm None E. MINUTES E-1 Regular Meeting, Jan. 4, 1989 MOTION: Councilwoman Swarner moved, seconded by Councilwoman O'Reilly, to amend the minutes per attached memo. MOTION, Withdraw: Councilwoman Swarner, with consent of second, withdrew her motion. MOTION: Ccuncilwoman Swarner moved, seconded by Councilman Smalley, to amend the minutes by adding the amendment distributed this date and changing the location from Inlet View to Inlet Woods. Motion passed by unanimous consent. MOTION: Councilman Smalley moved, seconded by Councilwoman O'Reilly, to approve the minutes as amended. Motion passed by unanimous consent. F. CORRESPONDENCE None G. OI.D BUSINESS KENAI CITY COUNCIL JANURAY 18, 1989 PAGE 7 None H. NEW BUSINESS H-1 Bills to be Paid, Bills to be Ratified MOTION: Councilwoman Monfor moved, seconded by Councilman McComsey, to approve the bills as submitted. Motion passed by unanimous consent. H-2 Requisitions Exceeding $1,000 MOTION: Councilwoman Swarner moved, seconded by Councilman Measles, to approve the requisitions as submitted. Motion passed by unanimous consent. H-3 Games of Chance & Skill - City of Kenai, Senior Citizens H-4 Games of Chance & Skill - Kenai Emblem Club #455 H-5 Games of Chance & Skill - American Legion Post #20 H-6 Games of Chance & Skill - Kenai Central High School ADDED ITEM: Games of Chance & Skill - American Legion Aux. #20 ADDED ITEM: Games of Chance & Skill - Veterans of Foreign Wars Approved by Consent Agenda. H-7 Approval - Engineering for Additional Slips & Restrooms/Storage - Float Plane Basin - Wm. Nelson Engineer Wm. Nelson. The improvements were requested by the Airport Comm. to compliment the facility recently done. 'Ihe funds are available from grants to complete this. Councilwoman Swarner. How many confirmed slips do you have for next summer with cash in hand? Airport Manager Ernst. We have 35 slips, 26 requested, no money. We have not completed the regulations. We would not release the slips till May. The float plane basin will not be operating till June. Councilman McComsey. Has it been advertised? Answer - yes. Mayor Williams asked, what is the width of the slips? Airport Manager Ernst. The existing ones are 50 ft. The new ones are 60 ft., they will be for larger planes. We will know better after one year's operation. MOTION: Councilman Measles moved, seconded by Councilman McComsey, to approve the design services as proposed by Wm. Nelson for $9,590. (Not to exceed figure) VOTE (Passed): KENAI CITY COUNCIL JANURA`.t 18, 1989 PAGE 8 Yes: McComsey, Measles, Monfor, O'Reilly, Smalley, Williams No: Swarner H-8 Disc. - Swires Dr. - Change Order #1 Phil Bryson - Wince, Corthell & Bryson. The Change Order was presented to Council Dec. 7. The contractor incorporated it in the work because of a swale near the school. Council had questions regarding this. Notice to proceed was not till Jan. Later in the project there was the change order for curb and gutter. It needed a full cross section. The missed item was because the work was done in winter rather than summer. Mayor Williams noted Public Works recommends paying for the work. MOTION: Councilwoman Monfor moved, seconded by Councilman McComsey, that the bill be paid. VOTE (Passed): Yes: McComsey, Measles, Monfor, O'Reilly, Smalley, Williams No: Swarner I. ADMINISTRATION REPORTS I-1 Mayor Mayor Williams spoke. a. There will be a board of appeals hearing at the Feb. 1 meeting regarding Foster Bros. R/V Park. b. Comm/Comm appointments. Susan Smalley has resigned from Library Comm. He recommended Joanne Elson. Council had no objection. C. Regarding Joann Odd, her contract for the logo f)r the Bicentennial and the rights to all of her designs. She suggested $500, she would release all her rights. She contracted with the City for a specific logo and we paid the price for a specific logo. Atty. Rogers. We will need a release from her. Mayor Williams. She will be back in town soon. Of all the logos she presented (about 6), we wanted to use about 3. Council agreed to have the Mayor discuss with hec. d. He met Jan. 17 with Mr. Borg (Anchorage Natl. Guard) and others, regarding the fire training school. They will involve Chugach Electric for tower materials. The National Guard will use it for jumping practice. I-2 City Manager City Manager Brighton spoke. a. There will be a grant writing seminar in Homer. There are 3 employees that will be around the city for a long time. I would like to send Kim Howard, Carol Freas and Jack LaShot. With Council approval I will pay for it out of Council Misc. KENAI CITY COUNCIL JANURAY 18, 1989 PAGE 9 account. The money will be well spent, about $2,000. MOTION: Councilwoman Monfor moved, seconded by Councilman Measles, that the City Manager take money out of Legislative Misc. (for this item) Motion passed by unanimous consent. Councilwoman O'Reilly. Would they be able to help the Visitors & Convention Bd.? Mayor. Williams. We will review this. Councilwoman Monfor. The Visitors & Convention Bd. approved Sue Carter to attend this. Also Jackie Oberg will work with her. I don't think the money was wasted, she was able to use (the grantsmanship training) for the Visitors & Convention Bd. Councilman McComsey. How do we get these grant schools? City Manager Brighton. Through the Univ. of Alaska. I talked with Rep. Swackhammer this date. He is on the House Finance Comm. and Sub -Comm. that will put together the House finances. Regarding the Bicentennial. He said he and Rep. Navarre were getting a lot of guff regarding the Bicentennial. In all good conscience, with the people wanting water & sewer, he could not support the proposition. I asked about the Congregate Housing. He said it did not create heartburn, but there would be no money for Congregate Housing. They are on a fast track and will have budgets done earlier than before in the House. The schools are 41 priority and they will add additional funds. But every other item will be cut. He said they will not cut Municipal Assistance and Revenue Sharing by 50%, maybe 30%. I said schools are it financing and they have raised the school portion for the last 2 years while they have cut out funds for 2 years elsewhere. They will be increased for the 3rd year in a row and we will be cut for the 3rd year in a row. .The school enrollment is declining and it takes more money per student. The decline in Municipal Assistance and Revenue Sharing means a direct increase in local budgets. They feel they should have a budget by Feb. 1. They are getting heat from the Governor's cold storage facility here. It is from the Sullivan Group because of the Anchorage cold storage proposal. If they have the House budget prior to the end of Feb., it will. be a miracle. That means the lobbyists and others will have to start work right away. If they do this, they will catch heat from every local government n the State. There will have to be tax increase on the local level. Councilwoman Monfor. I can appreciate a $2 Million Bicentennial was not a good idea. But, first of all, he lives in Soldotna. If they wanted it in Soldotna they would work for it. They have the audacity to say, before anything is decided, they can say there is no money for Congregate Housing. We should send people and Administration down to Juneau, and Council shoulc call. KENAI CITY COUNCIL JANURAY 18, 1989 PAGE 10 City Manager Brighton. All cities have convention, centers. Kenai was putting in water & sewer and roads. Now they need those and they have become priorities. Rep. Swackhammer indicated the State will be substantially cutting from what the Governor proposed. The only addition was schools. Mayor Williams. I spent some time with Lobbyist Ashley Reed. I don't know how we will approach short of getting angry. The Conference of Mayors took a strong position regarding Municipal Assistance and Revenue Sharing. Councilwoman Monfor. Who are they representing? City Manager Brighton. They fail to see they represent the same people we do. Councilwoman O'Reilly. In the good days we did the right thing. Mayor Williams. The seafood industrial park was denied by the statewide economic recovery group chaired by George Sullivan. I sent a letter to him. The Governor's announcement was made soon after. They took a lot of heat putting this in. They feel we deserve the project. I will defend this and Congregate Housing vigorously. If the $30 Million facility in Anchorage becomes a reality for the seafood industry, the concerns they have regarding ours will be nothing compared to that one. It could decimate the processing industry we have here. I see it as a direct threat to one of the major economic bases of Kenai. and the Peninsula. Councilman Measles. They have also hired a lobbyist to go to Washington D.C. to promote - Chuck Sassara. I-3 Attorney Atty. Rogers noted he will be in Juneau Jan. 31 for dinner with Legislators. He will not be at the Feb. 1 meeting. I-4 City Clerk Clerk Ruotsala referred to the memo distributed this date regarding Martin Luther King Day as a holiday. Councilwoman Swarner said it is not necessary. Mayor Williams replied, he will discuss it Jan. 19. I-5 Finance Director None I-6 Public Works Director None I-7 Airport Manager None J. DISCUSSION J-1 Ci,..izens None KENAI CITY COUNCIL JANURAY 18, 1989 PAGE 11 J-2 Council a. Councilwoman Swarner. She will not be at the Feb. 1 meeting. b. Councilwoman Swarner. Is the Mayor going to any meetings in Anchorage with the Sullivan Group? Mayor Williams replied no. C. Councilwoman Swarner. We have no reports from Economic Development Comm. regarding Resource Development Comm. meetings in Anchorage. Mayor Williams. I will ask. d. Councilman McComsey. Could we ask the State to remove some snow from the streets? Visibility is bad. Public works Director Kornelis. I will contact them. e. Councilwoman Swarner. What about the lights by the school? Councilwoman Monfor. What about the lights that are out all over the City? Public Works Director Kornelis. I will ask. f. Councilman McComsey. what about the Christmas lights? Public Works Director Kornelis. After the Russian Christmas, we were to take them down, but it has been too cold. g. Councilwoman Monfor expressed thanks to the City for keeping the lights up during Russian Christmas. h. Councilman Smalley. There will be a Borough School District PAC meeting Jan. 19. The Assembli and School Board will walk through the school building to see its needs. Mayor Williams noted there have been 17,000 graduates from KCHS. Mayor Williams. It has come to my attention that we have overlooked an industry for economic development: Grey Power. $1,094,000 in the economy in Alaska, 27% of the population in Alaska. The City of Kenai may serve itself well to develop this as a City industry. The average retirement income is between $30,000 and $40,000 including $8,000 benefits from Alaska. It is the cleanest industry we could get into. We have bargaining chips: 1) No Borough property tax, 2) The State pays great sums to keep them here. I would like to develop a plan for about 150 couples that would be interested in moving here. with Council blessing, I will talk to the Economic Development Comm. Jan. 19. The Sr. Citizens are not the type of people that take more schools or greater police work. Council had no objection. j. Mayor Williams. Another industry to consider is cold water recovery and training school for use bar helicopter people, etc. Sen. Stevens is looking at it, it would be $5 Million additional funding. We have 65 acres at the airport set aside for development, it could be used for this. It would be 3,000 people per year in addition to 3,000 for the fire training school. K. ADJOURNMENT KENAI CITY COUNCIL JANURAY 18, 1989 PAGE 12 Meeting adjourned at 9:30 PM. Janet Ruotsala 1' City Clerk P'3 january 3. 1909 Mayor WilliamT Citv of Kenai 210 Fidal q;c Kenai. AK 49611 Re: R.V. Park on Beaver Loco, appeal of Plannina and Zoning decision. Dear Mr. Williams: an recussting �Wpeal anti Zon1i,,a_,i a I ecis7.c;1 to allow Faster Construction to develcoe an R/V Parl. on Peaver Loco aer-ween Ames St. and Anglers Dr. to the City Council. My reasons for this are that Flannina and Zonina are in error wMen thev f3rate triat this in a rparoationtAl doveloplymnt and therefore is no different than ouides. if that is the case and czin oe camanstrated Linder the current zoning laws Jr a c=ur7 c+ law, then by the same reasoning a 150 Unit hotel is a racraational development if it i ri, on tno river. I'he inea that any type of develcoment is; recreational if it catern to ig rjcji(.-uIcjwi�. Nino :U:)L� whole orocass ci Zoniria. This thinking icincren, the impact on the arsia cut? to -Vle vAnd ocarja u4 tho also believe --hat the City Attornev has stated that under current zoning lawt..-, that an R/V parle cnnnat L)p without a chanae in the zonina of the area or a change in the law. The City Oaa takon #A nagition that lnot court by statement of its own attorney. AlthOUMh none at w,-,.knt to be stradied with legi.,-.il -fees.. or, suDsiauent settlement fees, be warned that the residents at this area will pool their resources and -figlit vr.:)u In tne courts. 'Si ncere!y! David A. McKechnie 91(1 "Y' Strees Lincoln. Nebraska 6B508 NOTE: CHANGE OF_ _A2.QREaj T { 1791-1991 CITY OF KENAI „a G'dpdal 4 44""„ _ 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907.283-3014 December 22, 1988 Gary, Jack, and Steve Foster dba Lucky Angler RV Park Fosters Landing HC1, Box 1630-1 Kenai, Alaska 996.11 R£: Application for Conditional Use Permit to Operate a Business in a Residential.Zone Gentlemen: The Kenai Planning & Zoning Commission reviewed and approved your application on December 14, 1988. Please consider this letter your Notice to Proceed. I am very pleased to forward you a copy of the resolution and minutes approving your permit. It has been a long time in coming. If I can be of any further assistance or if you have any questions, please feel free to contact me. Good luck in your endeavor. since Janet A. Loper Planning Specialist enc CITY OF KENAI PLANNING & ZONING COMMISSION RESOLUTION NO. A RESULUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTIN (DENYING) A REQUEST FOR A CONDITIONAL USE PERMIT AS AUTH nD BY 14.20.150 OF THE KENAI ZONING CODE FOR by J -,/ i�..REAS, the Commission finds: 1. That an application meeting the requirements of Sec. 14.E0.150(c-1) has been submitted and received on 2. That this request is located on land zoned 3. That the proposed use is (permitted)(not permitted)(not addressed) as a Conditional Use in this zone as specified in the Kenai Zoning Code Land Use Table. 4. That the applicant has demonstrated with plans and other documents that he can and will meet the following specific requirements and conditions as set forth in Sec. 14.20.150(b-1): [i] S. That a duly advertised public hearing {as required by Sec 14.20.280 • was conducted by the Commission on 1,((/�. /5Z 6. That the following additional facts have been found to exist: CONDITIONAL USE PERMIT Page 1 of 2 Resolution a, "'IV, Page 2 of 2 ,N014, THrR`ECRE, BE IT RESOLVED, by the Planning and Zoning Commission of the City of Kenai that the applicant (has)(has not) demonstrated that the the proposed development meets the conditions required for said prcposal and therefore the Commission (does)(does not) authorize the administrative official to issue the appropriate permit. PASSED by the Plann' g and Zoning Commissio of the City of Kenai, Alaska, this day of Z ea i� i/ c 19aA. CHAIRMAN ATTEST: - ( 1'�� x i et A. Loper, Planning Secretary CONDITIONAL USE PERMIT 8/88 KENAI PLANNING (ZONING COMMISSION December 14, 1988 Page 5 owner voicing no objection. MOTION: Commissioner O'Reilly moved to approve Resolution 88-25, seconded by Commissioner Roberts Vo E: Chairman Nault called for public comments, there were none. Bryan Lowe, applicant and property owner came forward to answer questions. Chairman Nault: Is there any indication of the number of boats you plan on operating. Planning Specialist Loper indicated the letter of intent, answer is three boats. Chairman Nault: Is this drifting? Answer no, power boats. Commissioner O'Reilly: He meets the parking requirement? Answer yes, more than adequately. Motion passed unanimously d. Resolution 88-26: Conditional Use Permit for Lucky Angler RV Park - Govt Lot 5, Sec. 2 - Foster Brothers Chairman Nault and the Commission established the last appearance before the Commission and in what form which was as an amendment to their existing conditional use permit for a gravel pit. MOTION: Commissioner Bannock moved to accept Resolution 88-26, seconded by Commissioner Glick Chairman Nault called for public comments, there were none. Chairman Nau-t asked Mr. Foster to step forward and answer any initial questions. Chairman Nault: You alreadv have a conditional use permit for this parcel of land correct? Gary Foster: That's correct. Chairman Nault: That existing permit is for operating as a gravel pit and the proposed land use after the gravel pit is a residential housing development. Gary Foster: That's correct. Chairman Nault: So the change that you are asking for is the proposed land use be changed to an RV park. Gary Foster: Right. A lake and an. RV park rather than a subdivision. Chairman Nault: The proposed access is to be off Angler Drive? Answer yes. That is in the first phase. I explained in the letter that it wouldn't propose any type of a dust problem as there are no existing homes along there that would be bothered by the dust. Chairman Nault: Yoir plan is to eventually do away with that entrance and use the entrance from Beaver Loop. Gary Foster: Correct. When phase 2 is finished then the only entrance and exit f KENAI PLANNING ZONING COMMISSION December 14, 1988 Page 6 will be from Beaver Loop. Chai=an Nault: Now why is the entrance not going to be from Beaver Loon initially. Gary Foster: We still have to run our gravel operation out of phase 2. We have a lot of material to remove in order to make the lake right now. This keeps the gravel trucks frcm having a conflict with the RV's. Co_missioner Bannock: How long with the gravel operation continue after this is passed and it becomes 100% RV resort. Gary Foster: That is hard to say. We would like to say next year but it depends on the amount of gravel that is required to come out of there. 0zmmissiorer Glick: How many yards do you think you have to take cut cf there vet. Gary Foster: My brothers would have to answer tat and the,- are both out of town right now and couldn't be here. C =issiorer Bannock: Can a situation be allowed with two very d_fferert situations are going on. Planning Specialist Loper: They .-=ion't be operating on exactly the same parcel at the same tir,,e. Commissioner Bannock: Is the intent here to divide it into parcels where one has the gravel operation and this one is the RV resort. Gary Foster: Phase 1 and phase 2 would be the difference bet.-jeen tine two. Commissioner Bannock: So then, going back to the l.egai description ... Gary Foster: There is a map which depicts chase 1 and 2. Commissioner Bannocx: So then if this ccncityz,nai use permit were approved it would only be for phase 1. Planning Sceziaiist Loper: No. Chairman Nault: The permit for gravel extraction Is always issuea with the mineral extraction beinc a part of the permit and then the plan as to what the land is to be -used for after the mineral extraction. Planning Specialists Loper: Fe could be doing exactly the same thing if he were doing a residential development. Commissioner Bannock: I understand. Commissioner Bryson: I think generally the gravel operation is a pretty general situation and is not something that spreads evenly across the s=er, its concentrated in a few days or a week or two and .is seasonal. Chairman Nault: Is there going to be any conflict with an RV park and a gravel operation going on at the same time. I guess people in RV's wouldn't want to be next to an ongoing gravel operation. Gary Foster: Probably what we'd have there is an operation that would be strictly sporadic as Phil explained. It's unfortunate and I wish we didn't have all that gravel there right now, but I think With our plans of putting up buffers and rock to screen it will help. The main thing is we don't want to mix RV's and gravel operations on the same street. It will be seasonal and a while for us to become known anyway. commissioner Glick: You ;show trees around the area now, but when I drove out there I wasn't sure of what I was looking at. Gary KENAI PLANNING". ZONING COIdVISSION December 14, 1988 Page 7 Foster: Thera is very little there now. Part of our problem is that •.e're�Duilding back up to the property lines. You may not have noticea but last summer we reclaimed a lot of the property line en =he :.esrside connecting to fdr. Pelch. Years ago when that pit .,,as put into existence they probably didn't have survey :yta;es s. -here are some places that are closer than we would like so ..;e're reclaiming that back up from the property line out to the lair's edge. Cu.^:assiorer Glick: Are you actually going to have trees or shrubs or ust grass. Gary Foster: We have grass and trees we transpianted in one section all ready. We hope to do the whole thing that way. The grass is no problem but the trees are hard to grow. We've had good luck with some trees because we have big enon n ecpaipment. Commissioner Glick: So the buffer zone would ta,:es a few years before it would reaiiv be thick. Gary Foster: so-e cf the buffer is actuaiiv there, zut not very mucn of it, so muc:.. . a cleared in years past. Cha =an Nauit indicated the secona lot ana description on the map any i_sr_ussion turnea to the puoiic access. the iot has or_�7,na_iy come to the Commission for a coat ramp ana tnat project has peen compieteiy aroppea. Chair:ran Nauit asked wnere people cLyi put in boats, answer from r. Foster rrem Cunningham Park or ozher tacii-ties. We can put t.nem up for the night ana we can prcvide -hem with a builetin ocara listing guiae services out they -ouId ^.ave ..o :I'ne up r_heir own guides. Chairman Nauit: .;hat .Hour- river access for canx fishing. Do you ar_ticioate use 1f the Public easement. Lary Foster: i don't th_'::K so. --'-ere -s a _-ig nt-or-:gay :mere .out peopie would have to wa�i down the dire. . 1 doubt if t ne Kind of people are going to attract are gong to ao :rat. C=znissioner Rcberts: 11hen do you think you would have the first spaces available. Gary Foster: I don't think we'd make it next suer. We could make some space available but I doubt if we have enough time left. It would take a full summer season to do what we want to do with the underground work and reclaiming work. Qwmissioner Roberts: That's too bad, we need the spaces now. Com=issioner Bannock: If you use that entrance from Angler Drive say for two years before you are able to use the Beaver Loop entrance, are there houses on that portion of Angler? Gary Foster: No. The nearest house is Mr. Pelch's to the north of Angler -rive and he is well off the road in the trees. The Commission discussed the two dissenting letters and the location of their property in relation to the RV park. Mr_ Bryan Lowe: I don't mind the RV park going in at all, but the biggest concern I have and most of the residents on Angler Drive is the boat traffic. I'm speaking for property owners from Lot 4 through 9 and some down on lot 23. I feel that everyone that owns KENAI PLANNING ZONING COMMISSION December 14, 1988 Page 8 property on Beaver Creek slough should have no more than three boats and not everyone has three boats now but if everyone has three 'oats that owns a lot there, that's going to be a lot of boats. if the RV park aces in they aren't going to be coming in there with the boats and parking along the banks and the wetlands. Chairman Nault: Where would you anticipate they would Dark. Mr. .-owe: I'm not saving they could do it, but they could park around the T•ublic easement, alona the banks and then go up to the RV Darr_ C'axzcnissioner Roberts: What are you saying, why would this have anyt.hing to do with the RV park, how are you tying it in. Mr. Lowe: Say the person comes from California or Anchorage and he ccnes into the roster Brothers RV Dark, he goes down to Eagle Rock and ruts nis boat in and comes uD_ to the slough ana ties up to the _' nis motor home and walks mavoe a block to his motor home. v�.. ^issi:^ter O'Reilly: Are you saying ..nat you teei that many of t_+:e 7eovie wno are driving rnese RV's will be bringing a boat with them. ,, Lowe: Vell I don't Know, is an RV parx. If I come frc,m Anc crage �^d I nave my own ooac mavoe -7 want to try out this new R7 r_,drx instead of straying at Eag�e nocK ana come in at the easement. Co=issioner Roberts: The peooie at the RV parx are going to be star-i.ng in the -iV par.-,. "rihat cu're r_aitiirg acout is general ::raT . 1.1r. Lore: :vo, ='T to -long _-^out an �V puil_ng a boat beh=,them and zarkin g on the ban::s :ear Lne RV parx or the public easement ana then walking =o :e,r camper or motor home and t en ,ou get So FUls and _50 boats. = .. -rot saying this is going tc happen I just .;ant to sav that _..is _s ..nat ::e don't want. -here should be score kind of control on his. Ccr=issioner Gl c.:: '.-here is only cne parcel there that is not pri-.-ate land, r'_cht? r. Lore: '_'es, the public easement. Planning Specialist Loper: Perhaps it ..jouid help you to know that boon Angier and I=es are city roadways and should a problem with paring arises cur police could handle that. Mr. Lowe: I'm talking about boats on the slough itself. I'm talking about 20 guys in there with 20 motor homes pulling 20 boats and then they go in: there and park their motor home and take a pickup with the boat down to Eagle Rock and then all. zoom up the slough and park along the bank. Councilman Smalley: I don't think the city can regulate that can they? Commissioner Bryson: That was a concern when it was first proposed quite a while. To the extent that they are parking on property that: is private, that is something the property owners are going to have to protect their rights in that area. It's a concern I had a long time ago, but the only people that can enforce it are the private owners. KENAI PLANNING & ZONING CC.•tMISSICN December 14, 1988 ?aae 9 .r. .,.:re. its ; of oniy private uropert: its `he ..etlands. the -?est _.._ng _s the traffic on the slough. If you get a hundred -,ot r ....:tes Parking there and 50 cf them have boats and they're iaYh _ ::Q -: 2 Dan-s .its coin-_ tc be a problem. Z !1SS C^,er Rely?':' Do you'nave some research that would _r.di.c e act�a l � .,hat :ind of percentaces of these RV people -:eve Mr. _cwe: No - _c '`. I1-1 not aaainst the RV ._.=erned about -_Fie 'Lough and the boat traffic. Cc-russioner Roberts: `Ar. Lower, :re can't control the slough. Hr. pie: ok, but you can say in his permit that he can't allow 50 boats to be tied up to lot 1. Planning Specialist Loper: We .are -alxinq apples and oranges here it sounds like. We can't the easement nor the sloucrh. He has a second permit T=cn for ailiae service -or tce Lot vou're taikina about. _., xeeP _._ n_na tnat - .e guide service is anyone tnat owns a Piece of property on Se .-er -reeK s. cuan nas z ne ricin-, to nave three boats ana three zz. is _zer lc-_ ana -_f ever-�,boev nas three ooats tnaz slough would e an _ ion _ - =.-c we need tnat . P_.= .._irc-pecia�yst per: _t mignt ce neipfui if I explained _nc. ._l. - :ems. Sie ge as an examp.ie, tnat tney are private Pzrt7. csr.er :o co rot .gave a uuide service or a bea ana ._ tercia- enture ana are permanent year round residents _ estr_:.ted in anv ',rav snape or form on ^greyer a.:;_ tc .._ . Loire: : o :nev couia nave a hundred by=- or. 0 Specialist Loper: 'yes, --hey could. have a h,_indrea :;oats on their Lot and .-re cannct restrict them. Does ti.at r.ake any sense c_ ne ;D you. :Ir. Lowe: If I had known `a%,e cc:te ap in ,ne first place. 7 just wanted to express :=..,.._ern ever ---e slcugn and think the RV park is a gocidea, jus` so t^ere _s strict control over it itself. ci-a; anon Nau--z: end cu in c tine neighbors there don't have any oh4ecitf--n tc t^e RV park .rst to the boat traffic. Mr. Lowe: No. They don't, just the boar traffic. Gary Foster: just wanted to add that we have a controlled plan for that lot. i,e have cui own boats there, we have one guide worked cut, and :;e wou_^dn't let anyone walk all over our property any more than you would. Commissioner Glic:K: spent several years in Fairbanks and there are a ?ot of gravel pits there that were extracted right in the city and around the surrounding area that were reclaimed and a couple big ones that they turned into lakes and have trailer parks in them that are nice with grass planted and on the other side they're still extracting gravel and it doesn't seem to be a detriment to what they're doing and people don't seem to be unhappy and I know several people that live there. It seems to KENAI ?LCNNING -'CNING -'O:P14IS SICN December ��, iG88 Page 10 ork .;e 1, and tr:e-`re not RV in that sense, they are more -'er^;anent *-aces. Tut -.-Then the question came up about doing both _-e a.^.e time, _..ev seem to be doira it successfully there and _._.-1 time residents. In light of the fact that e re- nee.^: scme �;oaces to park RV's and travellin.a Deople, and s _ _-e -,:ide business too, and most of his clients that are -_:)tcr :^c..es and RV's are brought in from Soldotna. That's .;:here ^e -ar : -.o r, there i s no place to park. There are a ?;. rer+:3raun's, not nearly enough. We're talkino Yc'-a ___r_ct_-:q business and tourists to Kenai and we don't have a place for t..em to park when they get here. Personally, I'm in favor of this esveciaily if its going to be developed like Mr. Foster says.. ',auLt: Concerning the RV park ordinance. My concern is a re - :at.imately pass some type of an RV park ,.CU- ,-as any development that we're considerinq in L.. c:=tcrm as closeiv as Possible. -necial_st Loper: The regulations that we are setting up are co ra to ze over and above the state regulations that must be -et _.c.. as C_ ire approved two RV parxs, one for Ir. 3ookey who =t -^:e ataience and i7r. Roberts, our commissioner and both c n te_i -s _n more depth what is required. Csr-nissicner-Roberts: 3n yes, there are many agencies involved, cn':. Teed to -e panting more on them since rosters nave just VOTE : "ot_cn gassac anar.- Us_y e. Resoi::rlcn Conditional Use Permit for rosters Landing ~. �3 Servi,.e - Dt 39, Analers Acres - Foster Brothers Planmi._g Spec alist !,:,per: This lot is proposed for a guide service si ,ilar to those already approved. The letter of intent states Lha` the :+,ill be limiting themselves to three boats, there will be an office plus one full time employee with off hours being run frc:a the resort office. Planning Specialist Lcper: Councilman Smalley is asking for clarification: on that lot. There is a public easement on your lot_ Or. the map you submitted it is not shown and appears to be your entire let. I t!:ink what Councilman Smalley is asking for is clarification that that easement is not going to be used as part of your guide ser-.,ice. Have I explained it right? Councilman Smalley: Probably. Gary Foster: About the only way I can explain is that the easement is 30' on either :Fide of the drainage ditch. That map is too small to show the easement. Councilman Smalley: Yes. It was just a point of clarification because it was a concern before regarding the parking of trailers 1791-1991 CITY OF KENAI 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907-283-3014 MEMORANDUM .0 Planning & Zoning Commission Members FROM: Janet Loper, Planning Specialist SUBTECT: Conditional Use Permit: Gov't Lot 5, Sec. 2, T5N, R11W, S.M. Lucky Angler Resort - Gary, Jack, & Steve Foster 2ATE: December 6, 1988 BACKGROUND Applicant: Legal Description: Existing Zoning: Current Land Use: proposed Land Use: Action Requested: DISCUSSION Gary, Jack, & Steve Foster HCl, Box 1630-1 Kenai, Alaska 99611 Gov't Lot 5, Sec. 2, T5N, R11W, S.M. Rural Residential (RR) Gravel Pit RV Park Conditional Use Permit for business Historically, this proposal has run through several approaches except the conditional use permit based solely on this use. The Commission is already aware of many of it's aspects. The Commission might keep in mind that had the RV park ordinance been passed in February 1988, this RV park would meet the criteria. To demonstrate that assumption, the Foster Brothers have submitted the proposed rules and regulations for the park along with their maps and diagrams. r 'a The general character of the neighborhood is well mixed with several gravel pits, single family residences, recreational and commercial river activities, seasonal out of town and out of state single family cabins and homes plus designated wetlands. Twenty-six certified notices were sent to adjacent property owners with no comrkents being received by mail or by phone by packet time. KENN RiVE1Z LEGEWO: [� 5U6vro1DED AREAS UNCEVELOPEO AREAS WETLAgV5 VICINITY MAP j 0 z _rH 15 LOT NOT 1 INCLUDED, TM15 --� "~ 0' DRAWING is FROM OLZ PLhN T74AT 16 Nb LON GL-k +Y�� PART of -MIS�4Ppuc.�TioN 51TE )"LAN cf) Do November 9, 1988 City of Kenai Planning and Zoning 210 Fidaleo Kenai, Alaska 99611 Dear Commissioner; Our goal here is to develop a luxury resort called "The Lucky Angler ." The resort wall be constructed in two phases with the first phase consisting of fifty spaces. Each space is approximately 40' wide allowing for extensive lawns, trees and bushes. As indicated by our site plan, we intend to build a fifteen acre lake in the middle of the thirty acre parcel with landscaping to waters' edge_ Each site will be fully equipped with water, electricity, and waste; as we'd as picnic table and barbecue pit. Certain lots will be equipped with phone and computer communication lines. All construction will be engineered to comply with all federal, state, borough, and city codes. For the first phase, the entrance in the resort will be from Angler Drive. This entrance, although from a gravel road, allows traffic to enter the resort without passing any homes that might suffer from a dust problem. In the future, as phase two developed, this entrance will be closed off allowing traffic to enter directly from Beaver Loop road only. Only one entrance and exit will exist allowing park rangers to easily control traffic entering or exiting the resort area. Strict rules and restrictions will apply to every guest for the security and protection of the rights of all. These rules will be enforced by the resident park ranger. An example of resort regulations is attached. If a guest is found in violation of resort rules, he will receive a refund and be asked to leave. Some pull -through sites will be developed for folks traveling with cars in tow. Shower and rest rooms will be situated conveniently in the resort in a manner most esthetic to the surroundings. Each facility will be maintained to the highest degree on cleanliness. As rated in the Tr3ilerLifeDirectory, a number ten will be the only acceptable rating. l The resort will be manned 24 hours a day during the tourist season. This season could vary from as early as May to as late as October. The park will employ a minimum of two people during the slower months, and as many as six during the peak of the season. Resort maintenance of facilities, lawns, grounds, and roads will be a daily routine sometimes requiring extra help. As phase two is developed, fifty more spaces will be added. This schedule will be dependent on several factors; a couple would include how fast the material in the north end of the existing pit is removed, and the demand for resort facilities. Several years is our guess as to completion of phase two. We hope you will take into consideration the time and effort we have put into this project in wanting to make this resort by far better than any ever proposed or in existence in this area. We have been bounced between the zcnirg commission and the council for a year now. We have heard things like "It's a great project", `The area needs it", and "Don't give up." However, when it comes down to support for this resort, we always receive a thumbs down. We want you to take an honest look at our overall proposal, and weigh it against the continued negative comments from our neighbors in the area. Which by the way, most do not 1 ive there year round, and many others that already have a commercial business operating. We would also like to make known for the record what we have not proceeded into business with this RV resort before retaining the required conditional use permit, unlike those around us that do not want us to succeed in our project. Sincerely, Gary, Jack and Steve Foster .,�5 :,.1D REGL L',TIONS TO`<'' 'L7 "" '=I:QAKY CONCERN IS, TO ',IAKE TIIE PARK HAPPY TO VACATION. ''I?E F LLOW1TiG PULES r,.ND ':I'IE VESTED AND ARE DESIC°IED TO :1ELP _UN AN'D E°1'___:ENT =ROM THE!", STAY SERE. ._.TIONS i PI LY TO r,LL RESIDENTS AND GUESTS IDI _".� -__._ _..... ":I' RESERVES THE :: GHT PO DENY '-ESIDEN.Y PREVI- LE:,?S - _ _SE PERSONS F!=I':' BREAF k'ARP. RULES, OR :'.D SE L;.10 _Z'- _ _'._ _ - : -HE DI?FCTIVES OF OUR ST:".FF :.ND OR MAN tGEMENT REGIM RAT-1CN. ALL _iV OCCUPANTS AND CVERNIGHT GUESTS MUST BE RE- GISTER. -n_ idC, PIECES 10F ID(valid drivers license and major credit 4a�d: aze-e,_~:_-er fir all checks. One sleeping vehicle and a allc.ed per site. Check in time is 2:00 pm icon. NO CASH REFUNDS FOR EARLY CHECKOUTS _ _ .DESIGNATED TENT AREAS ONLY. TENTS 0:? ROPES I_.� N':T �L'WED :O BE TIED TO STRUC^-'URES OR TREES. TH:-'.RO J ?';L- 7 S'ITS , 2 MEDIJM TENTS OR 1 LARGE TENT PER AR' Sti3JECT TO APPROVAL OF '-1ANAGE1'1ENT. SUES-Z _ ITv IL:00 WILL BE CHARGED GN HALF THEIR D ILY R TE, -. _- _:.;:—,:UUpm. T::IS'aLF DAY RATE IS I,VhILA3LE C"]LY i;+HEN :HET. IS. =c"' to"-C1; LUE IN ON THAT SITE . GUESTS ON _TL AFTEF i` :+C :-N , =_'d ESERVA'I_�vN IS DUE ON TEAT SITE, IIL 3E TOWED AWAY `+1GZSE: _ RE .. Rr FOR REST AND R-ELA i1 TION. SO ::RE YOUR N£IGHB;..Rv. -.-:D, NOISE IS NOT +LLC`.'IED AT i,NY TIA:E. VOICES, XUSI I ANII, ". %IUST BE TURN''!) DOWN EETi•IEEN 11:00 pm and 7: J0 ao ' @ �r :7 ._ is _GiiBJRS =7 SLEEP. PLEAS£ KEr,P -'UU:. S- 7 S CLEAN. :IECHANICAL REPAIRS ARE NOT ALLOWED ()N YOUR CI,MPSI_E_ ::' TSIDE STORAGE IS NOT PERMITTED ON CAMPSITE. UTILITY OR STORAGE S: EDZ 1!Rl: ACT ALLD"-IED )IN SITE, CL0TIlESLINES ARE NOT PE:'MITTEE ON SITE- ?G 'AILING FASTENING, WI RING , OR TYING OF AWNINGS, FEN('ES , E'aCLCSZ:R Z SI R3P£ S R T-:N ;S TO ANY TREE, "ENCE OR OTHER PERMANENT STRUCTURE -S _T'r1- ._'IT7 , D. ALL 11EHIZr_ES- PARK MUST HAVE A VALID PARK ID OR WILL BE TOWED AWAY AT THE i;`Ii:F.S EXPENSE. ALL BOAT TRAILERS MUST BE PARKED EITHER ON YOUR _AM,"EITE OR THE DESIGNATED AREA. PLEASE DO NOT BLOCK OR OCCUPY SITES OT'?E?? TITAN T:iE ONE YOU HAVE RENTED. IF YOU NAVE A PARKING PR03LE:•1 FLE:?SF. "CNTACT THE OFFICE. THE MAXIMUM SPEED LIMIT IN THE PARK IS 1OMPH. :�JiORBIKES ARE TO BE RIDDED: IN AND GUT '�F 1'7E PT, '�K ---`SI:1G IS NOT PERMITTED IN THE PARK AT °NYTIUE. WHEELERS ETC. ARE NOT PERMITTED TO OPERATE I'i THIS RULE :BILL BE STRICKLY— ?:FORC D. _`_!ST 3E SUPERVISED AT AL,I, TIMES. :BALK .'AREAS ARE PROVIDED FOR YOUR CONVENIENCE. "T'S7 AREAS , DOG OI]NE RS ^ T- CLE sN UP ANY MESS TI[E I R 'S L'_"IDE `."HESE AREAS. DOGS ["riST BE LEASHED AT ALL ND L _,JiiES :MUST ?d0'P EXCEED 6' IN LEi:CTH. DOGS MUST NOT BE LEFT "'NATTENDED OUTSIDE OF AN RV. ANY DOGS LEFT UNATTENDED "AY BE IMP--UNDED. IF YOUR DOG CAUSES A DISTURBANCE OR THERE ARE 'i:ls_'3TS-3fl)UT YOUR DOG, YOU MAY BE :,SK TO LEAVE THE PARK. S D l Ri. .R'1S RE NOT PE..'iITTED ,T ANY T._ME. IA_ �..�RNIGI:T CA1dPII7G Oi. ELEEPING ON THE BEACH IS _ 1:0 CARS, TRUCKS OR OTHER VEHICLES TO BE DRIVEN < ,CIl. P- TS AND CLASS CONTAINERS ON THE BEACH ARE " �.IJ N _ ES I iNATED A`-:EAS 0 ? ALL _iILDREN MUST BE "JLTS. 110 LIr-: l RD UN DUTY. r' I'iF01.MAT1_"'N OIPT. F 7R '�,D; R L _�PD T7Tn 'IO ASS—,S`" 'Oi _ECC'N_2 .3LE TT PT_EASE STOP ONE QL'ES_IONS OR ISSIIFS �OT '.', D L1._E �I ;. T JI -C 1� rl i CYCL S AND UNATTENDED ICE, CRESTS ARE "ATTRACT== VE" . �1cRENT TC POT ENT'_AL "? 1 VCS IS TO SEC:'RE YO?JR AC- T7 .'ENT IS NOT RED 'O'1S 7BLE 0F: L,,-- OR .'TO�:E'� --L 1,S ,.ILL BE _DMIT_ �'D -�,RKI`,TG FEE _ -NOSE GUP.S S C;HO PLi+N TO RE— ERNIG.IT. ?..__ o ._.. yl. _-S L0C:.TED 0?. 7:1 iES'_ ID: F T!iE DP1I::STRA' ION 07 - C?l :HE BOAT.D FOR YOU— '-TESSACES AT Ll"AS" ONCE A DAY. Pr: �_.:]'.�� ILL DELIVER ALL _CAL — MER�EN'.'ESSAG:.. TO OUF C::;L—E": Tli i ESS.IGE IS RECEI. D. DUMP 11 D2:S LOCATED IN :".!E PARK F 0:�_ YOUR CONVENIENCE. ? S1. -PLEAS-1- iFL;FAND WATER I;i3EN ='gin POSSIBLE. ::MERGENCY ! IIONE NUMBERS AN`C EMER(-CNCY(111 - i'0LICE 283- �IRE DEPARTMENT 283— HOSP ITAL 262— S PATE :ROOFERS 262— CITY OF KENAI uot2iaiw 4 411�011 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 MEMORANDUM FRO/-/Tfm.Rogers, Attorney /''` City of Kenai TO: Honorable Mayor & Members of City Council RE: Administrative Appeals From Board and Commissioners An Appeals Board is under a duty to act justly, reasonably, and without abuse of discretion on applications for appeal concerning matters before it. It is a quasi-judicial body, and while strict rules of judicial procedure may not be applicable to the proceeding before it, the attitude and conduct of members of the Board should be judicial and impartial. The hearing should be a public one and is ordinarily in the nature of a de-novo proceeding and the Board should not refuse arbitrarily to receive and consider material evidence on the issues being presented. Since these hearings are not judicial hearings, they should be more or less informal and not subject to strict judicial or technical rules of procedure. Where no particular method of procedure for the conduct of the hearings is provided for, the hearings must be governed by established rules of the procedure applicable generally to administrative tribunals. The proceedings should be recorded so as to constitute a full and complete statement of the proceedings with particularities sufficient to enable a court to understand what was done should the matter be appealed for judicial review. The Board should not consider anything except the provisions of the laws and facts determinative of the question whether the situation warrants or requires the relief for which application 1 is made. Nor can i` consider burdens or hardships arising not from zoning lags but from plat or deed restrictions, since these are not relevant to proper grounds for relief from zoning restrictions. Orotests and objections should be considered. It is fihe duty of the Board to require the submission of evidence to establish facts and it is incumbent on a party to produce evioence if he desires to preserve his right of judicial review of an adverse administrative decision. The evidence must be sufficient to Justify the administrative action for which application is made. In the case of a variance, there must be sufficient evidence of unnecessary hardship or difficulty and of conformity with the fundamental purpose of zoning plan, and consistency with substantial. justice. The hearing before the Board tieing_ de-novo, the decision being appealed from is not conclusive and binding on the Board as to issues of fact. The Beard is empowered to ascertain facts from any competent evidence and members of the F'.oard are entitled to consider facts learned by them from personal observation of the location in question and surround.ina conditions. The Board may, in the exercise of its discretion, take a view of the premises at any time prior to decidinq on an application, and the Board may consider and rely upon what it saw on the view. Where such a procedure is followed, however, the Board must set forth in the return the facts known to, and acted on, by its members but not otherwise disclosed. Various personal observations of Board members have been deemed sufficient evidence for the taking of administrative action. The Board may consider the recommendation of City officials but may not substitute that judgment for theirs. The general rule with respect to the hearings, is that witnesses should be sworn, and their testimony taken only on oath, unless the administration of the oath to witnesses has been waived. Such waiver should be upon the consent of the Board as well as the parties. The administration of an oath is particularly appropriate where material findings of fact must be made on conflicting testimony. Insofar as presumptions and burden of proof, it is maintained that : "A party applying or appealing for relief to a zoning board of adjustment or review has the burden of proof of facts entitling him to that relief ... if an applicant seeks the allowance by the zoning board of a variance or exception, he has the burden of proving facts entitling him to it; i.e., he has the burden of setting before the zoning board the evidence necessary for exercise of its seasoned discretion. It follows that failure or insufficiency of proof as to any factor or element essential to the allowance of a variance will defeat the application therefor. Unless an applicant 2 is required to establish by proof all the essential elements of his right to relief, a board of review would have the power to nullify the zoning ordinance under the guise of exce'otions -)r variances. But the burden of proof is sustained by evidence that under special conditions, a literal enforcement of the provisions of a zoning ordinance .vill result in unnecessary hardship and that in spirit the ordinance will be observed and substantial justice done by allowing a ✓ariance." Any action or decision of the Board must be based upon facts as established by the evidence properly introduced before it. The decision of the Board as to variances where other matters rests exclusively within its own discretion, but its decision must not constitute an abuse of discretion or tower. and in this respect, is always subject to judicial review rind reversal. The recommendations of City officials are not intended to prevent a Board of Zoning appeal or the like from either granting or refusing a permit. The action or decision of the Board is presumed to be valid. The Board requires a quorum consisting of four and a majority is the requisite required vote. The Board is required within thirty days after the hearing, to render a decision on the appeal and can impose appropriate conditions and safeguards in accordance 4ith zoning ordinances relative to any matter subject to its jurisdiction. Any conditions imposed must be reasonable and not arbitrary, unnecessary or oppressive and they must be related to and incidental to the proposed use of the property. Thus, the Board is not limited to an affirmance or reversal of the actions below, but may use its judgment and discretion in making such modification and attach such conditions and restrictions to the granting of a variance as in its opinion should be made. Before arriving at its decision, the Board should make findings of fact upon the evidence so that any reviewing authorities may be advised of the reasoning behind the Board's decision especially where the relief sought is granted. The general rule would seem to be that parties in a zoning proceedings have a right to cross-examine witnesses offered by an adversary. C' Witnesses should ire administered the following as an oath or affirmation prior to their testimony: "Do you solemnly swear that the testimony that you are about to give in the case now before this Board, to be the truth, the whole truth, and nothing but the truth... So i-)elp you God? Under pain and penalty of perjury'? TR/clf 8;'85 4 1791-1991 CITY OF KENAI GapdaJ 4 44u�" 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907.283-3014 MEMORANDUM TO: Janet Ruotsala, City Clerk City of Kenai FROM: C<'Cary R. Graves, Acting City Attorney �_i.ty of Kenai DATE: February 1, 1989 RE: Board of Adjustment This memorandum is in response to your inquiry of this date concerning who may request an appeal to the Board of Adjustment from the Commission granting a zoning variance. The Kenai Municipal Code is silent as to who may appeal to the Board of Adjustment. KMC 14.20.290 states: 14.20.290 Appeals - Board of Adjustment: (a) Appeals from decisions of the administrative official or the Commission shall be heard by the Kenai City Council acting as the Board of Adjustment. (b) Procedure: (1) '.Phe Board of Adjustment shall set a date for and hold a hearing on all appeals within thirty (30) days of the filing of the appeal. Notice of the time and place of such hearing shall be mailed to all parties interested and to all property owners within 300 feet of the property involved at least ten (10) days prior to the hearing. (2) Within thirty (30) days after the hearing, the Board of Adjustment shall render a decision on the appeal. In exercising the above -mentioned powers, the Board of Adjustment may reverse or affirm, wholly or -1- partly, or may modify the order, requirement, decision or requirement, decision or determination as ought to be made, and to that end shall have all the powers of the body from whom the appeal is taken. (3) All meetings of the Board shall be open to the public and the Board shall keep minutes of its proceedings showing its decision, the reasons for its decision, and the vote of each member upon each question. Said minutes shall be made a public record. (Ord. 925) Since the Code is silent as to who may appeal to the Board of Adjustment, the common law determines who has such a right. The normal rule is that any person who is aggrieved by the decision may appeal to a Board of Adjustment. McQuillan, Municipal Corporations, §25.258 Ord Ed.). A nearby landowner has been held to be an aggrieved party. Elwyn v. Miami, 113 So.2d 849, 851 (Fla. 3d Dist. Ct. App. .1959) . In summary, a nearby landowner has the right to appeal a Commission's granting of a variance to the Board of Adjustment. CRG/clf -2- January City of Kenai City Council 210 Fidalao Kenai. AK� 99611 `Res R.V. Park on Heaver Loop. Dear City CaunciII appeal hearing. - I am writing to voice my objections to the recent granting of a conditional use permit for an R/V oarlr in a rural residential zone. My reasons for this are that Planning ana Zoning are in -error when they state that this is a recreational development n 'Wand therefore is no oifferent than guides. If that is the ,case and can be demonstrated under the current zoning lawo lLI a court of law, then by the same reasoning a 150 unit hotel a recreational development 14 it is constructed on €rye ,,r'iver. The idea that any type of development is recreational �.. f it caters to tourists is ridiculous ono circumvongs tno Irwhole process of zoning. This thinKing ignores the impact on `the area due to the sire and scope of th@ drvploV(fi@M€. i .; also believe that the City Attorney nas stated that under .t:acurrent zoning laws that An R/V pars: cannot re approvec ?`•*without a change in the zoning of the area or a change in the '.=DninA law. The City has t4l.==n a position thAt i F1 i_', defendable in court by statement of its own attorney. The only legal way to ellow a devplQVffl@Ht of the magnitude is through a new zoning ordinance. This is also 4..:,...the only fair and equitable way to dual with those parties ��.•: .�f,;who have a vested and financial investment. f;-xAs has been pointed out from the beginning of this dispute �''when Foster Construction aquired the pit, the residents were S•. :against an R/V park and would never have accepted a ,,conditional use permit at that time had it planned for one. 6,. Now Foster Construction and the City of Kenai h4vo renigpcj of�, the deal that it made with the residents 5 years ago. Although none us want to be stradled with legal fees. or subsiquent settlement fees, be warned that the rsaldents Qf this area will 000l their resources and fight You in the courts. Sincerelv, y David A. McKechnie 910 ' Y' Street � Lincoln, Nebraska 68306 •i ;,.rat. y, i':r � rrr w •. t ti r � 1� �• � ~� ) A�My C lYy ti \ •� 10 �� 11 1 C—/ Suggested by: City Council CITY OF KENAI RESOLUTION 89-7 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, IN SUPPORT OF THE SITE TO BE USED FOR THE CELEBRATION OF THE KENAI BICENTENNIAL. WHEREAS, the Kenai Visitors & Convention Bureau has established a need for a specific area to be set aside for the celebration of the Kenai Bicentennial, and WHEREAS, the Lands & Building Committee of the Visitors & Convention Bureau has selected five possible sites. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the site selected by the City Council is Site #- and the Council requests the Visitors & Convention Bureau to proceed with the plans for the development of this area. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 1st day of February, 1989. JOHN J. WILLIAMS, MAYOR ATTEST: Janet Ruotsala, City Clerk File: Bicentennial Site 1-Pink Assm't # None Site 2-Red Assm't # 4 5 6 POSSIBLE BICENTENNIAL SITES Lot # Comments Acres ------ ----------- ------- Triangle section between C.O.C. cabin & land and .85 Napa site. None C.O.C. Cabin 3.00 1 Triangle South .11 Of Cabin Total 4.33 Lot # Comments Acres ------ 12 -------------- Build/Lot ------- .34 12 Building 12 Land 3.43 Land .89 Land 1.76 Total 6.42 Site 3--Greeen Assm't # Lot # Comments ---------- ------ -------------- Former Kenai National Moose Range Hdq. Site 4--Orange ------------------ Assm' t # 1 2 3 4 5 6 7 8 9 10 it 12 Page 1 1-17-89 Ass'd Owner/Residence Value City 33,600 City 192,300 Booky 12,000 273,9C0 A s s ' d Owner/Residence Valtie Wade/Kenai 126,70C+ Wade/Kenai 16,800 Wade/Kenai 144100C, City 44,8C0 City 62,7(;0 395,000 A s s ' d Acres Owner/Residence Value ------- ----------------- ------.. 4.30 Federal Gov. Lot # Comments Acres 1 Block bounded by 2 Upland, Highland 2 and Cook 2 3 4 4 5 5 6 7 - 7 A s s ' d Owner/Residence Value Frazier/Kenai 106,701) 3 owners /Anchorage 8,001) Williams/Kodiak 8,800 Williams/Kodiak 15,10O Hall/Kenai 26,200 Stanford/Kenai 69,30) Peschel/Colorado 25,70J Craig/Kenai 19,400 Ladd/Kenai 500 Anderson/Washington 35,600 Anderson/Washington 7,200 Anderson/Washington 12,800 File: Bicentennial 13 8 14 8 15 9-10 16 11-12 17 13 18 14 19 15 20 16 21 17 22 18 23 19 24 20 25 20 26 21 27 22 28 23 SITE 5--Blue Assm't # Lot # ---------------- Stanford/Kenai Ivanoff/Kenai Poppin/ Poppin/ Thede/California Alaska Landings/Wash Anderson/Washington Jahrig/Kenai City Vozar/Anchorage FEW Investment/Anc. Jahrig/Kenai Jahrig/Kenai Hurn/Anchorage Miller/Anchorage Paymen/Kenai Total 5.89 Comments Acres Owner/Residence ---------------------- ------------------ Site including 3.00 Multiple/Various VFW Hall Page 2 J -17-89 22,080 4,800 36,000 31,200 102,20C 9,000 11 , 70C 45,90( C 7,20C. 7,60C 4,30C 5,200 8,800 12,400 11,600 6.55, 280 A s s ' d Value 0 — Suggested by: City Council CITY OF KENAI RESOLUTION 89-8 A RESOLUTION OF THE CITY OF KENAI, ALASKA PROVIDING FOR 50/50 FUNDING SUPPORT BY THE CITY OF KENAI FOR PRIVATE AND/OR GOVERNMENT DONATIONS TO THE BICENTENNIAL CELEBRATION WHEREAS, the Bicentennial of the City of Kenai will be an area -wide celebration, and WHEREAS, the Visitors & Convention Bureau has established a need for development of a land site, a Bicentennial building, and adjacent amenities, and WHEREAS, this celebration will need the financial support of all branches of government as well as the private sector in the manner of grants and donations. NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the City of Kenai will provide 50/50 funding support in,,the amount donated by government grants (Federal, State'and Borough), as well as private donations.` �' PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 1st day of February, 1989. JOHN J. WILLIAMS, MAYOR ATTEST: Janet Ruotsala, City Clerk Y � �� y 1791-19F C _ 3 CITY OF K eap4 .l 4 41"a„ 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907-283-3014 February 1, 1989 TO: Council FROM: Janet Ruotsala City Clerk RE: Resolution 89-9 We noted that the NOW THEREFORE clause of Resolution 89-9 refers to the recommendation of the Kenai River Special Management Area Advisory Board. We are requesting that the resolution be amended to read, in the NOW THEREFORE clause: NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the Council endoraes the Kenai River _._. ._ Special Management Area Advisory Board recommendation Lhat an initial water quality study at a cost of $100,000 by funded by the State of Alaska in 1989 to establish base line data to protect and preserve the integrity of the entire Kenai River. jr C-3 Suggested by: Mayor Williams CITY OF KENAI :RESOLUTION 89-9 A RESOLUTION OF THE CITY OF KENAI, ALASKA, REQUESTING THE STATE OF ALASKA FUND A WATER QUALITY STUDY OF THE KENAI RIVER AREA FOR A COST OF $100,000 WHEREAS, there presently exists a public concern about the water quality of the Kenai River, and WHEREAS, development of the Kenai River area is projected to continue, and WHEREAS, a significant population of wildlife is dependent upon the Kenai River, and WHEREAS, the Kenai River sport fishery is the largest in Alaska and contributes the largest portion of fish to the Cook Inlet commercial fish harvest each contributing significantly to the economy of the State of Alaska, and WHEREAS, the Alaska State Legislature found the Kenai River important enough to enact legislation establishing the Kenai River Special Management Area. NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the Kenai River Special Management Area Advisory Board recommends that an initial water quality study at a cost of $100,000 be funded by the State of Alaska in 1989 to establish base line data to protect and preserve the integrity of the entire Kenai River. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this lst day of February, 1989. JOHN J. WILLIAMS, MAYOR ATTEST: Janet Ruotsala, City Clerk . KE?,AAI RIVER lie Special Management Area ItIr"Working together... for the river" January 13, 1989 Dear Interested Persons: As an organization concerned with the continued vitality of the Kenai River, your support is solicited for the attached resolution which has been submitted for the legislature's consideration for funding in 1989. This resolution, which was unanimously passed by the Kenai River Special Management Area Citizens Advisory Board, needs your support. Please contact your legislative representatives and urge their support for funding this study. Yours truly, Floyd Heimbuch President Enclosure DDj elr Kenai Area Office, Box 1247, Soldotna. AK 99669, Soldotna 262-5581 Kenai Peninsula Borough, Box 850, Soldotna, AK 99669, Soldotna 262-4441 O Alaska Division of Parks and Outdoor Recreation, Department of Natural Resources, in cooperation with the Kena. Peninsula Borough. 1791-1991 CITY OF KENAI _ 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907.283-3014 i'dEMORANDUM TO: William J. Brighton, City Manager FROM: Keith Kornelis, P.W. Director DATE: an u EE -,T 27 , 1989 t_, ,: ._asf.a, -nc. r'CH Afeeting of February 1, 1989 . _ 2c:'_ . uesne -, riarbor Commissiondr, , and 1 attcndea tIne _''ort'3 laS,:c �._ Ca=li' aLlOnai meetings on uanuary and '2. "eetl_,_: .Tas very we 1 attended and a 10t was acco l _ sned. Pc_ zS-_ i_as:k-a _s :c Ne an crwanizatioil cf ---_ errs in ylaska. ;\-enai (:Xoes not 1aVe a -. er's :- _'ti.v ^0- winter; n,.)r dc' i.ave ='ven a minute am-ount _,_ vo;'1:"e o_. com.Dare(.i `c )orts in Alaska. n, 0we7; aI- _ rav e -jci:' .ntac?eo-u part -sorts Alas; a, Inc. As a collective grow i_s crganization may nave some infli.i nce or effect _nreughout -he .Mate concerning issues and funding t.~.at coin-" ffec -_^_e ' Ly of This organization just oeginning- --le group set up a vision or direction and formed a mission or purpose. The organizationa_L structure was initiated. Larry Lenneen, :crt Director from Anchorage, and Paul Fuhs, Mayor cf Unalaska, were elected as temporary co-chairmen of the organization. t s to be a non-- profit organization. The =_tic_e �ncorparation have been formed and .. a^:r: t tee is ?or:.ir_g on -he by-laws. ssues legislation, funding, future economic development, and a whole loi:, of other things were discussed at t.e meetings. If the Council wants the City tc '_ 4='7olved in this organization; the group would 1i-.e a reso-ution of support and designation of an authorized reD_resentative who can vote. Port Directors or harbor - casters rom id Harbors were at tree meeting but the membership could go over 50. I have proposed a resolution which l think will meet the request of the new Ports Alaska, Inc. organization. 7) By providing a forum through which all Alaska ports can communicate with each other, gain an understanding of issues and reach consensus on issues, 8) By creating an image of professionalism for Alaska ports, 9) By fostering an attitude of internationalism in Alaska communities. PORTS ALASKA MISSION The mission of Ports Alaska is to facilitate the realization of maximum potential of Alaska's ports. Port Alaska shall be federation of independent ports organized to cooperate in mutually beneficial projects such as conducting governmental relations, general goal setting and information sharing. 1) By originating marketing programs and materials that will portray Alaska's port industry to potential customers, investors and the general public. 2) By giving special concerns to issues affecting port funding, planning and development, 3) By providing educational programs for port managers, staff members and elected/appointed officials, 4) By acting as an advocate for Alaskan ports at the State, borough and city levels of government on behalf of legislation brought before such governments, 5) By taking a pro -active stance in matters affecting Alaskan ports, 6) By functioning as a spokesman for the Alaska port industry, Suggested by: City Administration CITY OF KENAI RESOLUTION NO. 89-10 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, SUPPORTING A NEWLY FORMING ORGANIZATION CALLED PORTS ALASKA, INC. AND DESIGNATING THE KENAI HARBOR MASTER AS THE CITY OF KENAI'S AUTHORIZED REPRESENTATIVE. WHEREAS, a group of independent ports throughout Alaska are attempting to form an organization called Ports Alaska, Inc.; and WHEREAS, this organization is open to all ports within the Stat of Alaska; and WHEREAS, it is agreed upon that Ports Alaska, Inc. could be o; great benefit to the City of Kenai in its relationship to State an,J. Federal Agencies: and WHEREAS, mutual cooperation and communications between port:, throughout Alaska through an organization such as Ports A1ask3 could also be of great benefit to the City of Kenai; and WHEREAS, the :-'ouncii has reviewed the attached Ports Alaska itission and is supportive of this mission. NOW, THEREFORE, BE I"_' RESOLVED BY THE COUNCIL OF THE CITY OF KENAI ALASKA that Council of the City of Kenai Alaska is fully in suppor,. of Ports laska, Inc. along with their attached designated mission. BE IT FURTHER :ESOLVED THAT THE COUNCIL OF THE CITY OF KENAI ALASKA designates the Kenai Harbor Master, (who is presently also the Public Works Director), as the City's authorized representative to Ports Alaska, Inc. and designates the City Engineer as an alternate i=1 the Harbor Masters absence. PASSED BY THE COU:'ICIL OF THE CITY OF KENAI, ALASKA, this 1st day of February, 1989. JOHN J. WILLIAMS, MAYOR ATTEST: Janet Ruotsala, City Clerk Written by Public Works: _e KENAI PENINSULA BORON... 144 N. BINKLEY - SOLDOTNA. ALASKA 99669 PHONE (907) 262-4441 DON GILMAN MAYOR January 23, 1989 R1�g�9;021222�\�� Cn City of Kenai Attn: Janet Whelan Ruotsala 210 Fidalgo Kenai, AK 99611 RE: 1989 Liquor License Renewal(s): KENAI JOE'S BAR - Beverage Dispensary Dear Janet: Please be advised that the Borough will have no objection to the renewal of the above noted licenses based upon unpaid taxes. The Sales Tax accounts registered for this businesse are filed through 12/88. Personal and real property tax accounts registered to either the applicants or business are current through the tax year 1988. Please send us a copy of the original application and your City Council approval/objection letter for our records. Thank you for your cooperation in these matters. Sincerely, Cher Smith Delinquent Accts. l STEVE COWPER, GOVERNOR S7 D a' D D ,fl DEPARTMENT OF REVENUE 550 W. 7TH AVE ANCHORAGE, ALASKA 99501-6698 ALGbHOLICBEVER.4GEGI�NTROL BOARD January 20, 1989 Janet Ruotsala, Clerk City of Kenai 210 Fidalgo Kenai, AK 99611 Dear Ms. Ruotsala: We are in receipt of the following applications for renewal of liquor licenses within the City of Kenai. You are being notified as required by AS O4.11.520. BEVERAGE DISPENSARY KENAI JOE'S cc: Kenai Peninsula Borough crate �r wloatr� I � C \. �� owr_c v nc o Alcoholic beverage Controt Board 550 W. Seventh Avenue LIQUOR LICENSE APPLICATION e e Anchorage, Alaska 99501 r gi 277-0638 PLEASE REVIEW SEPARATE INSTRUCTIONS end PParts art I andor 2 Reese ABC Board. This application is for. (check one) 1e P, full caleatlaPilli The six month period beginning _and ending SECTION A. LICENSE INFORMTTioemust be completed for all types of applications —� Type of Application- License Type EI _. New elzie_S License Fee ... ... Statute Reference For -License Year r fir:' enewal 4.11. Filing Fe ........ ,��.}... $ / ' i� --' _ \ Federal Employers r Transfer of Licen Holder Penalty (if applicable) Current Liquor License Number (For Renewals and Transfers) '.. Relocation Total Submitted ........... $ Enter applicants applicant's name and mailing address It should ap r i Doing Business As (Business Na e) Complete Only One on the license "ARGL Cc�rr�s�'gh"i— 7 JV%�/ %'IK ❑Municipality lsaecif ) y et Address or location of mess — CC (� Business Phone Numberlsl Community Council Mailing Atldroes AS O4.11.310 (Sae lnetrucripnsl IF renewal or transfer, has the above license been exercised or active at least thirty (301 eight -hour days during the past calendar year? AS 04.11.33C (3) �;-ES _, NO I no, attach an exD)anatiou SECTION B. PREMISES TO BE LICENSED. Must be completed I, all types of applications Name to be used on 1 i sign or in ad ertis rig to tlenlify premises. Is location of premises greater than or less than 50 miles from the boundaries of a mumci� ff t Y, -- — pality (incorporated city, borough or unified municipality), j Greater Dlstancemeasured undo. I- AS O411 n 1001 I local ordinancenumber Closest School Grounds Cesesl Church- than 50 miles 'less than 50 miles - )`- SECTION C. LICENSED PREMISES. Fx New and Transfer of Location applications only. ---------------- Premises to be licensed is (Check a -- ppropriate boxiest) �Fxistinq Facility '..... New Building '] Proposed Building . _' Plans Submitted to Fire Marshall Diagram of premises attached, Atach a detailed diagram of thepremisesto be licensed. The diagram must be a true and correct desc'plion or the entrances al d boundaries .0 the premises tc: !ie icensed. and he only area where alcoholic beverages witi be soldserved, consumed, possessed antllor stored(if only a portion of the r -r plan is to 're licenser), pleas,+ outline o RED the area where alcoholic beverages will be sold, served, consumedpossessed antllor stored.) SECTION a RENEWAL INFORMATION. For Renewal Applications only. Has the area where alcoholic beverages am sold, nerved, consumed, possessed antllor stored Has the statement of financial interest changed from the last statement submdted to Ins beer changed from the last diagram submittec? Alcoholic Beverage Control Board? �J '6 YES if yes, attach new diagram. p"N0 1_1 YES If yes, attach new interest statement (form 04- 081. SECTION E. TRANSFER INFORMATION. For Transfer of License Holder or Heiocalion applications only. _ Involuntary transler of license lion —Attach documents which evidence 'default' under AS O411.670 �. PBqularlranster n,bcenseholder--awinstrUmenlsex uledunde,AS0411670 for purposes of applying AS 04.11360.(4KB)in al atermvoluntarytransfer. mL:st be filed with thisr,cllcat r, 15 AAC- 04.65`:1 Heal or persona, orepety ;-veyed with this transler rs. IAttaCh extra sheet it necessary) �. Relocaunn Betcre transler—business name and address After transferl_bus ness name and address SECTION F. CORPORATION INFORMATION. Must be completed it applicant or —applicant is a corporation. AS O4.11.390 Corporate Name Doing Business As (Business Name) Date of Incorporation ri the __—"—__ State of Alaska Meiling Address Street Address or Location of Business City, State and Zip Code City and State Corporate Office Phone No. Registered Agent (Name) Agent's Alaska Residelcy Yrs Mos t (Mailing Address and Phone Number) Registered Agen_ L� YES NO The above named corporation is in good standing with the State of Alaska, Department of Commerce and Economic Development. CORPORATION DIRECTORS AND STOCKHOLDERS. (Use additional sheets if necessary.) ono or Shares of Full Name (Do not use initials) Home Address Date of Bull, 7 Ow nership (o THIS AREA OFFICE USE ONLY .r = %License Number — Date Approved Director's Signature _ 04-901 (BIBB)Page 1 WHITE —PART 1 YELLOW —PART 2 PINK —PART 3 ALASKA LIQUOR LICENSE APPLICATION PAGE 2 OF 2 SECTION Gi INDWIDUAUCORPORATE OFFICER INFORMATION. The following information must be provided for each applicant or corporate or cer. II it to, co -applicant is a corporation, the officers listed must include the President. Vice -President, Secretary and Treasurer. Use additional pages as necessary Full Name (Do not use initials) Full Name (Do not use initials) 7A�Cl gh7� Mailing Address (Street or P.O. Boa, City, Slat Zip Codel Mailing Address (Street or PO. Box. City. Slate &Zip Code) Home Address (if different from frroom mailing address[ Home Address (if different from mailing address) li Jccl/ l! � IVYIA1 SA'/ Home Phone Work Phone Nome Phone Work Phone - 7?�.- s�93 ��a- Date of Birth Date of Birth Social Secunly Number Length of Alaska Residency lsacorporation, identify the wrporate office you Length of Alaska Residenry Ilapplicant is a corporation. identify the c orporaleoffice, you) hold Years Months hold. holtl. Years Months Jam' Full Name (Do not use initials) Full Name (Do not use initials) Mailing Address iStraet or P0. Box, City, Stale 8 Zip Code) Mating Address (Street or PO. Box, City, Stale d Zip Codel Home Atldress (if different from mailing address) Home Address (if different from mailing atldressl Home Pnone Work Phone home Pnone ;Work Phone Date of Binh Social Security Number Date of Birth Social Security Number Length of Alaska Resmency Il applicant isacaporation. identdythe corporateofhce you hold. Length of Alaska Residency Years I Months llfapphcanrisacorporahon. identify the CC'[:orate officevo;. I hold_ t Years Months SECTION H. INDIVIVUAUCORPOARATEOFFICER BACKGROUND. Must be completed for all types of applicants _ Does anyindtvidual orcorporate officer named above now have any direct or indirect interest to any other atcholic beverage business licensed in Alaska or any other Sate? — ❑ NO ❑ 'YES If yes, give state, name of business and address. Has arty individual or corporate officer listed above been convicted of a felony, a violation of AS 04 or been convicted as a licensee or manager of licensed premises in a iother slate of the liquor laws of that state since the filing of the last application? ❑ NO ❑ YES If yea, please explain on separate sheet of paper. SECTION I. DECLARATION. Must be read and certified by each applicant. I declare under penalty of perjury that I have examined this application, including the accompanying schedules and statements, and to the best of my knowledge and belief it is true, correct and complete. I further certify that I have read and am familiar with Title 4 of the Alaska statutes and its regulations, and that in accordance with AS O4.11A50. no person other than the applicant(s) or licensee(s) has any direct or indirect financial interest in the licensed business. I agree to provide all information required by the Alcoholic Beverage Control Board in support of this application. If application is for a Beverage Dispensary or Package Store license, I certify that each applicant named on this application has residelf in the state of Alaska for at least one year prior to the date of this application: andlor the applicant is a corporation registered and qualified to do business in the state of Alaska for one year prior to the date of this application, or all of the shareholders have resided in the state of Alaska for at least one year prior to the Date of this application.' SIG"TUREIS) OF CURRENT LICENSEE(S) (APPLICANT) _— _ SIGNATURES) OF TRANSFEREES) Subscribed and sworn to before me this)3'` Subscribed and sworn to before me this day of —�rJ(:� `'/�.('t''� f '. 19,2..—_ -_ — day of �� t 19 ----- NOTARY PU9UG 1f1,ANq FOR ALASKA _— N IC IN ANO ACCA/SKA .. _- My commission expires c�-_-� - * � L—�- _._-- My commislsiOrcexpires U4-901(81881 Paget ''Hirt—rnni ' T[LLVW—PAHI Z PINK —PANT 3 r EE DEPARTMENT OF REVENUE ALCOHOLIC BEVERAGE CONTROL BOARD ; Janet Ruotsala, Clerk City of Kenai 210 Fidalgo Kenai, AK 99611 Dear Ms. Ruotsala: (—.1 - (0 STE L" 550 W. 7TH AVE ANCHORAGE, ALASKA 99501-6698 We are in receipt of the following applications for renewal of liquor licenses within the City of Kenai. You are being notified as required by AS O4.11.520. RES T AvRr�(VTI LAT:NG PLAC` LiTiLL SKI M10 DRIVE IfvPl `KG TORE KEi'V,I COUNTRY LINOR cc: Kenai Peninsula Borough State of Alaska Alcoholic Beverage Control.aoard An o Seventh Ala kAvenue995 LIQUOR LICENSE APPLICATION Anchorage, Alaska 99501 1907j 277.8&M - PLEASE REVIEW SEPARATE INSTRUCTIONS 1 fi� K r PAGE OF l i13 Sand Parts 1 and 2 to the ABC Board. Keep Part 3 for your files. This application is for (check one) )( A lull calendar year SECTION A. LICENSE INFORMATION. Mu completed for au types of applications a ' Type of Application Lice ype ❑ New e."-.Jv Fa-"r) a , -'- License Fee --Ralerence Z JU �rrJ. StatuteFor License SBC. 0 Hofer `.�.' Renewal _ Filing Fee �J $ ...... f. Federal Errto er's Identification Number y i. - ---_—_ _ Transfer of License Holder G3 J —0oPenalty (if applicable( ..... ..`J��. . _Current L Quo, License Number IFor Renewals and Transfers) --I _ Relocation ll Tota $ J(iQ . J, Ent-PPl cams name and nailing address as It jhoald aPp.�, Business As (Business ame, on me license + t N lete Only Oor -- /% • %{l:::Y_• / - * �r 7vE �.:�; nicipality_ (specify) 1-�r L-1 •� ti 'Al /i -!T r —� r.-t , : - reel Address or Location of Business ��. G7�y J7 f'Er r�l Business Phone NumDerl sl - 7� Community Counc lM ilmg Address AS 04.11.310(Sea lnst—vonsl / J 'l If renewal or trans•er, has the a ove license been exercised or active at least thirty (301 eight hour days during the past calendar yeIX ars A5041t.330131 - YES Li NO q If no. attach an explanation. SECTION & PREMISES TO BE LICENSED. Must be completed to, all types of applications. Name to De used on public sign or in advertising to identify premises: Is location of premises greater than or less than 50 miles from the bouncaies of a Inunic pality (incorporated city, borough or unified municlpa,av), i)istance in,asured unce XASc;,,,,,hr local ord acenumber C losest S.roOl Grounds. ( Closest CM1 c ,i r Ie, 1.-� Greater than 50 miles Less than 50 miles .I itf 1 Jr SECTION C. LICENSED PREMISES. For New and Transfer Localiop of applications only --- ---- Premises tc be licensed is: (Check a - -- -- ppropnale boxfesli ----- _ Existing Facility iA New Building :_ 1 Proposed Building L... Plans Submitted to Fine Marshall Diagram of premises attached. Attach a detailed diagram of the premises to be licensed. The diagram must be a true and correct description of the entrance., and Doundaiies th[:r of e. emcen ises ID he lised. and theOnlyarea where alcoholic beverages will be said, served, consumed. possessed and/or stored. (If only a portion of it floor plan is to be licensed, l:iease oaline In RED the area where alcoholic beverages will be sold, served. consumed, possessed and/or stored.) SECTION D. RENEWAL INFORMATION. For Renewal Applications only. Has the area where alcoholic beverages are sold, servedconsumed, possessed andlor stored been changed from :he last diagram Has the statement of financial interest changed from the last statement si;bmitted :o the submitted' Alcoholic Beverage Control Board? L I NO �A YES It yes, attach new diagram. '� NO ❑ YES It yes, attach new interest statement (form is-906L SECTION E. TRANSFER INFORMATION. For Transfer of License Holder or Relocation applications only. ❑ Involuntary land¢' of license holder --Attach documents which evidence "delauft" uhdi AS 04.11.67( ❑ Regular tra fer of license holder —arty instruments executed under AS 0111 670 tot purposes of applyi',g AS 04 11 360.(4xB) in a later nvolunlary Transfer, must De tiled with t. s application , (75A/',C-104.6._51. Peal or personal Droperty conveyed with Ibis transfer is: (Attach extra Sheerif necessary)____. El Reloc,tlon 8. ore lranste—busmess name and address After I'ansfe —business name and address SECTION F. CORPORATION INFORMATION. Must be completed it applicant Or —applicant is a corporation. AS O4.11.390 Corporate Name Doing Business As (Business Namel Dale of Incorporatici in the State of Alaska Mailing Atldress Street Atldress or Location of Business ity, State and Zip Code City and Stale Corporate 011ice Ph ine No. Registered Agent (Name) ---- _ Agent's Alaska Residency Registered Agent (Mailing Address and Phone Number) - -- Yrs — — Mcs ❑ YES ❑ NO The above named corporation is in good standing with the State of Alaska, Department of Commerce and Economic Development. CORPORATION DIRECTORS AND STOCKHOLDERS. (Use additional sheets if necessary.) io _—_— Full Name (Do not use Initials) _ Home Address Date of Birth 11 Shares of I Iwnership .a r THIS AREA OFFICE USE ONLY License Number Date Approved Direct_" Signature 04-e0118MO)page t WHITE —PART 1 YELLOW —PART 2 PINK —PART 3 ALASKA LIQUOR LICENSE APPLICATION PA.IaE 2 OF 2 SECTION Q INDIVIOUAtfCORPORATE OFFICER INFORMATION. The following information must be provided lot each applicant or corporate officer. If applicant cr co -applicant is a corporation', the officers listed must include the President. vice President, Secretary and Treasurer. Use additional pages as necessary Full Name (Do not u . initials) Full Name (Do not use initials) -- 7 1 r7 %ll 0 o Mailing Address (Street or PO. Box, City, State 8 Zip Code) _.___-. Mailing Address (Street or P.O. Box, Ci[y, State 8 Zip Code) P J e `l ' ZitjK Home Address (it different from mailing addrasel Home Address (it different from mailing address) 5J3 Oeao k 3 .kzi/' 1M,1 Home Phone Work Phone Home Phone Work Phone Date of Birth Social Security Number Date of Birth Social Security Numer b io-�-3 � Length of Alaska Residency If applicant is acorporation, identify e corpora a ofhceyo.I Years ;Months hold ' Years Months Full Name (Do not use initials) I y Full Name (Do not use uut'ails) 1, Mailing Address (Street or PO. Box, City, Stale 8 Zip Code) Mailing Address (Street or P.O. Bow City. State 8 Zip Code) Home Address (if different from mailing address) Home Address (,f different from mailing address) Home Phone Work Phone Home Phone Work Phone Dale of Birth Social Security Number Date of Birth Social Secun'v Number Lengthof Alaska Re sidency If applicant is a m)orahon, identify the corporate office you Length of Alaska Residency'If applicant, sl corporation. identify the corpora 2 office vc„ Years Months hold Years Months —hold. SECTION H. INDIVIVUAUCORPOARATE OFFICER BACKGROUND. Most be completed for au types of applicants. Does any individual or corporate officer named above now have any direct or indirect interest in any other alcholic beverage business licensed in Alaska or any other State' NO YES if yes, give state, name of business and address. , Has any individual or corporate officer listed above been convicted of afelony, aviolation of AS Da or been convicted as a Icensee or manager of licensed premises In anoth,sr state or the liduorlaws of that state since the filing of the last application? jC] NO '_! YES If yes, please explain on separate sheet of paper. SECTION I. DECLARATION. Must be reac and certified by each applicant _ I declare under penalty of perjury that I have examined this application, including the accompanying schedules and statements, and to the best of my knowledge and belief it is true, correct and complete. I further certify that I have read and am familiar with Title 4 of the Alaska statutes and its regulations, and that in accordance with AS 04.11.450, no person other than the applicant(s) or licensee(s) has any direct or irdirect financial interest in the licensed business. I agree to provide all information required by the Alcoholic Beverage Control Board in support of this application. If application is for a Beverage Dispensary or Package Store license. I certify that each applicant named on this application has resided ir• the state of Alaska for at least one year prior to the date of this application; and/or the applicant is a corporation registered and qualified to do business in the state of Alaska for one year prior to the date. of this application, or all Of the sharehdlders have resided in the state of Alaska for at least one year prior to this date of this app UcatidA. SIGNATURE OFjCURRENT LICENSEES) (APPLICANT) SIGNATURES) OF TRANSFEREE(S) ., , �lsy Subtilg bed and sworr4... re me thr.; _ �3� Subscribed and sworn to before me tpis __ _ daY'of _LIE— day�- of __ -, 19 NO_AJlJ NOTARY PUBLIC IN AND FOR ALASKA My commissfonei Ines .�'-23-�/ My commission expires W- Wear "age 2 - WHITE —PART 1 YELLOW —PART 2 PINK —PART 3 State of Alaska - �- '� PAGE 1 OF 2 Alcoholic Beverage Control Board V <, 550 W. SevL*lh Avenue LIQUOR LICENSE APPLICATION �'_ '�1z Anchorage, Alaska 99501 - (907) 277-8638 PLEASE REVIEW SEPARATE INSTRUCTIONS Send Parts 1 and 2 it, the ABC ocard. Keep Part 3 for your files. This application is for (check one) A full calendar year '] The ning _ and ending INFORMATION. Must be compie or all types of applications. Type Of A Application10ENSE I License Type (, ❑ New �FlG/1 � re S / icense Fee ..... Statute R —TF r .icense Year Renewal Federal .0 Emlployers Identification Filing Fee .... tion Number I. Transfer of License Holder k_-!z/(� Penalty (if applicable) $ .-._ Current Lic,uor License Number (For Renewals and Transfers) t. Relocation L, ubm .. ........ $ Enter applicants na a and mailing address as it should appear oing�us-ness As (Business Name) a Complete Only OineC it or the license: kk �-'�7/f11 ni l��U% cipality pecityi� City ! Business Phdne Num dos) Other Cnmmunrty Council Mailing Address AS 0411310 (Sea Instructions) I, If rehewai or transfer. has the above license been exercised or active at leas' thirty (301 elgnt*hour days during the past calendar year? AS 04.11.330 (3) _ YES ❑ NO 11 no, attach an expianahoh. r i SECTION B. PREMISES TO BE LICENSED. Must be ecmpleted for al: types of applications. _ Name to be used on pub: is sign o n advertising to identily premises: is location of premises greater than or less than 50 miles from the bound, nes of a mu—, Ali pal 1)ncorporated city, borough or unified mumcipalltyi? D:tancemeasured ,der tS O411la i0o - loogf rdinance number Greater than 50 miles Less tnan 50 miles Ctisesl School G o me i. �t Aosest Churcr. _. � ol J SECTION C. LICENSED PREMISES. Fo- New and Transfer of Location applications only _ premises to be licensed is. (Check appropriate sn Existing Facility _ `few Building ] Proposed Building Plans Submitted to Fre Marshall Diagram of prenri attached Attach a detailed d agram of the 0 e ses to be licensed. The diagram must be a true and correct description of the entrances rod bou tans f the prem se le, o c sad. re i.and :re only aa where alcohol,. be agew I s I be sold. served . consumed, possessed anor stored. (it only a portion of Ini t oor pia- is to be tensed, p rase >u ne in RED the area where alcoholic beverages will be sold, served consumed. possessed andlor store.) SECTION D. RENEWAL INFORMATION, For Renewal Applications only. Has the area wnere alcoholic beverages are sold, servedconsumed, possessed andrm stored Has the statement of financial interest changed from the last statement .I.ramified to the been changer) from the las- diagram submitted' I Alcoholic Beverage Control Board? NO YES 'I yes. attach new diagram NO _ YES If yes. attach new Interest statement (form a 908) _ SECTION E. TRANSFER INFORMATION. For Transfer of License Ho der or R.C..hon appi—dons omy _ '.� Involuntary traaisfer cf 'icenseholder—Atach documents which evidence"default " under ASO4.11.67v Regular transuit of r.cense, holder —any instruments executed under AS 0411.670 for purposes of applying AS 04 11.36014N6) In a later invniuntary transfer must be filed with in s application (15 AAG-104.6551_ Real or personal D'operty conveyed with this transfer is (Attach extra sheet if necessary)_ Relocation Hetore:raasfer—ouslness name and address Are, lransfer—business name and address SECTION F. CORPORATION INFORMATION. Must be completed if applicant or coapplicant is a corporation. AS O411.390 Corporate Name Doing Business As (Business Ni met Date of Incorporation _ in the Y State of Alaska � y — J Mailing Address Street Address or Locatlbn 5f Business/ city, S a e and Zip Code - city and Stele - w .......,y.. _ Corporate Office Ph tie No. _ l— _ Reoillitered Age t (Na rrkr -' Agent's Alaska Residency 1 L n „�-7 e islesr/d Agent ( ai�iny Address antl hone Umber) YES -^ NO The above named corporation is in good standing with the State of Alaska. Department of Commerce and Economic Development. CORPORATION DIRECTORS AND STOCKHOLDERS. (Use additional sheets if necessary.) Full Name (Do not use initials) Home Address', Date of Birth 'lwnersh.p License Number Dale Approved Direttor's Signature Oa-gtlf (&B8)Page l WHITE —PART( YELLOW—PART2 PINK —PARTS ALASKA LIOUOR`LldMSE APPLICATION PAGE 2 OF 2 SECTI01� IIDI �VIDURAT ALICORPOE OFFICER INFORMATION. The following information must be provided for each applicant or corporate officer I' applicant or Co -applicant lee oration, the officers listed must include the President, Vice -President. Secretary and Treasurer. Use additional pages as necessary. I, Full Name (Do not use initials) / Full Name (Do not use initials) Maibn Addraas IStreel or PO. Box, City, Slate & Zip Code) Mailing Address (Street or . . Box, Lrty, state Home Address fit different from mailing address/' pole Address lif di Brent from mailing adtlr ss) Home Phone Work Phone < / Home Phone Work Phone Dale of Birth Social of Birth Social of Alaska Residency — ll applicant is a corporationidentity the corporate office you nold. Langthof Alaska Residency fappllcaotisacorporation, identify the corporate office, you hold. Years Months Years Months Full Name (Do not use r -tials) - Full Name (Do not use initials) Mailing Address (Stmet nr PO Box, City. Stale 8 jip COCe) Mailing Address (Stmel or P.O Box. City, Slate 8 Zip Code Home Address (if different from marling address) Home Address (if different from mailing address) Home Phone Wok Phone Home Phone Work Phone I Date of B�irth __ -- Social Security Number Date o1 Birth !Social Secur'ny Number Length of Alaska Residency Plapipficant isa corporation, identify lhecorporaie office you ^old. length of Alaska Residency I if applicantis a corporation. identify the corpora e office you Years Months j hold I Vears -Months SECTION H. INDIVIVUALICORPOARATE OFFICER BACKGROUND. Must be completed for all types of applicants. _ Does any individ ual or corporate officer named above now have any direct or indimct interest in any other alcholic beverage business licensed in Alaska or any other State? ❑ NO YES If yes, give state, name of business and address. "IJ" 4• ; -� Has any individual or corporate officer listed above been convicted of a felony, a violation of AS 04 or bean convicted as a licensee or manager of licensed premises in anothf r state of the liquor laws of that state since the filing of the east application'f ANO I YES If yes, please explain on separate sheet of paper SECTION 1. DECLARATION. Must be read and certified by each applicanl. I declare under penalty of perjury that I have examined this application, including the accompanying schedules and statements, and to the best of my knowledge and belief it is true, correct and complete. I further certify that I have read and am familiar with Title 4 of the Alaska statutes and its regulations, and that in accordance with AS 14.11 450. no person other than the applicant(s) or licensees) has any direct or indirect financial interest in the licensed business. I agree to provide all information required by the Alcoholic Beverage Control Board in support of this application. If application is for a Beverage Dispensary or Package Store license, I certify that each applicant named on this application has resided in the state of Alaska for at least one year prior to the date of this application; and/or the applicant is a corporation registered and qualified to do business in the state of Alaska for one year prior to -the date -of this application, or all of the shareholdgrs have resided in the state of Alaska for at least one year prior to the date of this application. -- - SIGNATURE(S) OF CURRENT LICENSERS) (APPLICANT) ` SIGNATURE(S) OF TRANSFEREE(31 l Co II/ Subscribed and sworn to be! oe isx '� _ __', Subscribed and sworn to before me this_ day of _._�>��_. .:'"' 19�.�-- day of __, 19 i y NOTARY PUB IG I AND OR ALASKA;:.;_,.a � NOTARY PUBLIC IN AND FOR ALASKA i. My commission expifes.��.'_ J � '.�,� My commission expires. ....�_ 04-901(8188) Page 2 WHITE—PART1 YELLOW —PANIC PINK—PART3 KENAI ADVISORY HARBOR COMMISSION January 9, 1989 - 7:00 P.M. City Hall Council Chambers 1. ROLL CALL Present: Quesnel, Thompson, Eldridge, Whitbro, Rainey Absent: Jahrig and Nord a. Election of Officers Barry Eldridge was elected Chair for 1989 by unanimous vote of those present and Tom Thompson was elected Vice Chair for 1989 by unanimous vote of those present. 2. PERSONS PRESENT SCHEDULED TO BE HEARD None 3. APPROVAL OF AGENDA Agenda approved as submitted 4. APPROVAL OF MINUTES of November 7, 1988 The minutes are to be corrected by: page 2 first paragraph change Keith Kornelis to Will Jahrig and Kenai Harbor to Salamatof or Port of Kenai. The minutes were approved with the corrections. 5. OLD BUSINESS a. Update: Commercial Fishing Stud Commissioner Quesnel will be meeting with Doug Coughenower and the Economic Development Commission tomorrow, 1/10/89 for an update on the study. b. Report: Ports Alaska Meeting December 1st None - given earlier_. C. Review of Activities in 1988 Commissioner Quesnel reported: Industrial Park (status unknown); boat dock rules & regulations; cold storage proposal; tideland leases; wildlife viewing area; Navy homeporting; P-3 Orion project; Kenai. River navigation project; floating dock; floating KENAI HARBOR COMMISSION January 9, 1989 Page 2 docks in Beaver Creek; dock staging extension; and area wide powers for ports and harbors. The Commission discussed getting readings for electrolysis from the dock pilings. The next harbormasters meeting will be in Seward and in Kenai in 1991. Commissioner Quesnel gave a report on the new federal regulations regarding disposal of plastic wastes in the marine environment. If it passes, the City of Kenai will be held responsible for the cleanliness of the harbor as we have control over that portion at the mouth. 6. NEW BUSINESS a. Ports Alaska: Representative for 1/19/89 Meetin Commissioner Quesnel will attend. b. Safe Boating Bill Chairman Eldridge asked Keith Kornelis to get a copy of the draft of the new legislation and send it to the Commission and prepare a resolution for recommendation. This was brought up that the last Ports Alaska meeting and the harbormasters meeting in Sitka. Both groups are supportive. C. Discussion: Unitary Tax Repeal Commissioner Quesnel will explore further at the next Ports Alaska meeting. d. Discussion: Set Goals for 1989 1) Explore wharf fueling capacity, 2) Explore electrolysis and cathodic protection of city dock, 3) Closely monitor activities of Kenai River Management Board, 4) Study permitted locations of mooring buoys in Kenai River, 5) Monitor wildlife viewing area progress, 6) Monitor expansion of staging area of the dock, 7) Explore ways to promote business, generate additional income for the city through additional harbor activities, possibly in conjunction with the airport, 8) Get plat of Kenai River from the mouth to the Warren Ames Memorial bridge showing property ownership and leases. e. KRMB Report Commissioner Rainey reported on upland boundaries from the river. They are recommending including all land to 1,000' elevation for the Borough Coastal Zone Management Committee. KENAI HARBOR COMMISSION January 9, 1989 Page 3 7. CORRESPONDENCE No comments 8. COMMISSION COMMENTS & QUESTIONS None 9. ADJOURNMENT There being no further business, the meeting was adjourned. The next meeting will be Monday, January 30, 1989 at 7:00 P.M. in the Council Chambers. Janet A. Loper, Planning Specialist Secretary to the Commission D-y KENAI HARBOR COMMISSION RESOLUTION NO. 89-1 A RESOLUTION OF THE ADVISORY HARBOR COMMISSION OF THE CITY OF KENAI, ALASKA REQUESTING THE KENAI CITY COUNCIL RECOMMEND PASSAGE OF THE SAFE BOATING BILL TO THE ALASKA STATE LEGISLATURE. WHEREAS, Alaska has the highest boating death rate in the United States; and, WHEREAS, the Coast Guard does not have jurisdiction over all waters of the state and there is no law applicable to many Alaskan boats; and WHEREAS, an acceptable law will allow the federal government through the Coast Guard, to enter into a mutual agreement with the state for conducting a coordinated educational program; and WHEREAS, the state can receive federal funds to assist in boating safety activities; and WHEREAS, during 1987 a total of forty-six people lost their lives in recreational boating accidents in Alaska; and WHEREAS, the state law would be similar to federal law, and require boats to carry safety equipment; and WHEREAS, net revenues to the state could amount to over 300K and in these economically troubled times this could mean some added revenues and a few new jobs; and WHEREAS, passage of this Bill could result in less accidental boating deaths and safer boating for the residents of Alaska. NOW THEREFORE BE IT RESOLVED THAT THE ADVISORY HARBOR COMMISSION OF THE CITY OF KENAI, ALASKA, requests that Kenai City Council recommends passage of this Bill, by resolution, to the Alaska State Legislature. PASSED BY THE ADVISORY HARBOR COMMISSION OF THE CITY OF KENAI, ALASKA this 30th day of January, 1989. Barry dridge, C rman ATTEST: .�c ;eyi (� J et Lope Secretary January 23, 1989 City of Kenai Janet Ruotsala, City Clerk 210 fidalgo St Kenai, Rk 99611 Dear Mrs. Ruotsala: I received the letter regarding my tenure on the Library Commission. I do wish to continue to serve if the Council feels it is in the best interest of the Commission. Thank you for the opportunity to the serve the City of Kenai in a small way. Sincerely, Kath Heus G� �9Sb£ZV KENAI PARKS & RECREATION COMMISSION January 24, 1989 City Hall Council Chambers Dick Hultberg, Chairman L. ROLL CALL Present: Hultberg, Hanson, Massie, Sandahl, and Siebert Absent: Carlson and Medcoff both excused 2. ELECTION OF OFFICERS a. Election of Chair MOTION: Commissioner Sandahl moved to retain Dick Hultberg, seconded by Commissioner Massie VOTE: Motion passed unanimously b. Election of Vice Chair MOTION: Commissioner Siebert nominated Dale Sandahl, seconded by Commissioner Hanson VOTE: Motion passed unanimously 3. APPROVAL OF AGENDA Agenda approved as submitted 4. APPROVAL OF MINUTES OF October 11, 1988 Minutes were approved as submitted 5. DIRECTOR'S REPORT a. Men's Basketball There are 13 teams which started last week. Commissioner Siebert asked about an invitational this year, Director McGillivray answered that it probably would no happen this year, one reason being the availability of gyms. We would have to rent a school gym and pay for the custodian. b. Budget Director McGillivray is still working on it and has it nearly KENAI PARKS & RECREATION COMMISSION January 24, 1989 Page 2 done. The first draft needs to be to the Finance Director by February 17th. The Commission agreed to hold a special meeting on February 13, 1989 at 5:00 P.M. Director McGillivray will have the budget prepared at that time. At the last Council meeting Senior Director Pat Porter reported on ballroom dancing classes that were held at the Senior Center for both seniors and youth. The classes were so successful, Council suggested the Parks & Rec department take it over as one of their programs and asked the Commission to discuss it. The Commission discussed the schedule for gym use and felt that the schedule was tight enough, even on Sundays that it couldn't be held there. The Teen Center is in use constantly during the winter and the space is limited. If teens were included and it was held at the Teen Center or in the gym, chaperones would be needed. If held .in the gym, the floor stands a good chance of being damaged. Commissioner Hanson suggested using the commons at the high school since teens are interested. Perhaps something could be worked out with the school. The Commission agreed to invite Senior Director Pat Porter to the special meeting on February 13th for further discussion. C. Ski Trip Sunday There is another trip to Aleyeska planned for this coming Sunday. These trips have been very successful and are fully booked in advance. Chaperones have been on a volunteer basis, some people from the Rec Center and some parents. d. Fire Marshall Inspection Report There were a number of small violations including the leaking problem, however, the maintenance man has taken care of all of them. e. Stairmaster Equipment The equipment has arrived, has been set up and the staff are still graining on it to instruct the public. There has been a wide response to it already. It has been placed in the equipment closet for the time being rather than the main weight room because it is sensitive equipment. f. ARPA Conference The Conference will be held Friday in Anchorage. The topics will include insurance coverage for recreational activities. The regional conference will be in Anchorage in May. Those attending last year felt they gained a great deal from it. KENAI PARKS & RECREATION COMMISSION January 24, 1989 Page 3 6. OLD BUSINESS a. Archeological Dig in Municipal Park There have been no further reports on whether or not there will be a dig. At this point it probably will not happen. 7. NEW BUSINESS None 8. COMMISSION QUESTIONS & COMMENTS Commissioner Hanson asked if there was any further report regarding the land trade, answer no. 9. ADJOURNMENT There being no further business, the meeting was adjourned at 1:57 P.M. THE NEXT MEETING WILL BE A SPECIAL MEETING - FEBRUARY 13, 1989 AT 5:00 P.M. Janet A. Loper, Planning Specialist Secretary to the Commission D-07 KENAI PLANNING & ZONING COMMISSION VM ied; l a January 25, 1989 - 7:00 P.M. City Hall Council Chambers Chairperson Pat Nault Presiding 1. ROLL CALL Present: Nault, Bannock, Bryson, Glick, O'Reilly, Roberts Absent: Brown - excused 2. APPROVAL OF AGENDA There aras one addition: Under item 7-a, three Corps of Engineers AE>piications. The agenda was approved unanimously with the a di.. i ons . PERSONS PRESENT SCHEDULED TO BE HEARD None 'D'BL1C HEARINGS a. resolution PZ89-1 Pertaining to Recreational Vehicle Parks Chairman Nault called for comments from the public, there were o.:e. I e resolution returns to the Commission for comments. Commissioner 3ryson stated that on section 2, paragraph d, he would like to define how the days are measured. I would propose adding the verbiage "or exceeding 30 days per calendar year". Commissioner Bannock expressed confusion. It has to be parked some place. In a one year period you couldn't have it parked in the same place for more than 30 days? Commissioner Bryson answered, being used for 30 days. Commissioner Glick: It couldn't be set up with someone living it in. Chairman Nault: Section D addresses that. Commissioner Bannock: Weren't we discussing that it should be that or consecutive 30 days. So the person couldn't spend the entire month of June and the entire month of August, that would put him out of compliance. The Commission agreed. Commissioner :Bannock stated, "I don't think we should pass an ordinance that as the last paragraph says, could be for 60 days as long as it was not a problem it wouldn't be heard'. There are some people that have a problem with noncompliance with the law regardless of whether its a nuisance or not, we shouldn't write a law that could be broken and nobody would care. If it's not going to be a problem then why should it be a law." Councilman Smalley: That was my statement and what I meant was if it. was worded the way in which is was, generally speaking the only KENAI PLANNING & ZONING COMMISSION January 25, 1989 Page 2 problems you're going to have with RV's are those where you have complaints where the city has to go out and investigate and do something about it. Commissioner Bannock: If we have a situation where the person is there for 60 days, even if he's not being a problem he's still breaking the law. Commissioner Bryson: Personally, I don't care if it's 30 or 60 days, but I do think how those days are determined should be clarified in the ordinance. Commissioner O'Reilly: I do think we need some time limit because we're not talking about the people in an RV park we're talking about people who buy homes in a rice neighborhood they don't want RV's camping there for a long time. Commissioner Bannock: This is a summer time RV park. The whole time. That's when the RV people are here in the summer. So we have Mr. & Mrs. Tourist in their Winnebago for the entire summer, where are they going to go without breaking the law. The Commission answered, in an RV park. Chairman Nault: Section 3 refers to private property owners. Commissioner Glick: The problem is if you live in Woodland or a small subdivision you don't want campers there because the lots are small but perhaps out on Beaver Loop somewhere no one cares. Commissioner Bannock: I still don't feel we should pass something that won't be enforced unless someone complains about it. Commissioner O'Reilly: There is no ordinance at all now. Commissioner Bannock: The speed limit is 55 mph and that doesn't mean you can do r>5 mph as long as you're not bothering anybody. It's the same situation here. Councilman Smalley: We were discussing whether it should be consecutive or calendar and the way it was worded long term, my suggestion .•.as to Leave it that way which allows the city that flexibility in the law rather then being hard and fast. Commissioner Bannock: I agree with that. I would make reference to the next sentence from Mr. Brown where he speaks to that. It's ok to break the law as long as there aren't any problems. Planning Specialist Loper: Perhaps if you look at it this way, the difference between a 55 mph speed limit and a camper sitting out there on a street. The police department actually goes out and enforces the 55 mph speed limit while only two persons would enforce the RV ordinance, and then we would not be going out and seeking violators. All we're doing here is creating something in order to respond to complaints. This is the only way that we can assist the public considering the amount of staff that would be involved. The police department would not be the main enforcer of this code. The only other way it would be enforced is if Howard, on his rounds witnesses a violation such as the case in Thompson Park last year. Chairman Nault: I think we're looking at trying the balance the protection of the adjacent property owners. The needs and wishes of the people that don't want a camper parked in their driveway, or street, or whatever. Commissioner Bannock: But if I want my KENAI PLANNING & ZONING COMMISSION January 25, 1989 Page 3 relatives to be parked in their RV all summer long, I can't do that. Commissioner Bryson: If we are considering a time limit of any kind I think the legal department would like a determination of how that's measured. Councilman Smalley: It incorporates the term consecutive but you could say something like as defined as not. to exceed more than 30 consecutive days nor 60 calendar days per year. Which would give you some flexibility. I don't know if putting it that way would cause more problems for enforcement because again it is a reactionary kind of thing. Commissioner Bryson: Determining whether someone is there 30 days or 40 days is virtually impossible unless you have someone across the street that's keeping a log on it. Commissioner Bannock: If we were to do a program like Councilman Smalley just mentioned, I would like to see instead 60, 90 days because our summers are three months long. Planning Specialist Loper: You're problem person, the one that is the nuisance, you don't want them there all. summer. Councilman Smalley: I think you'll be encouraging, with a day limitation, people to utilize the RV facilities that are going to be opening up and getting them out of the nuisance category. Commissioner Roberts: I'm thinking that setting a time limit is maybe not the way to go. I don't have a solution, but I think I agree. Planning Specialist Loper: There are some Alaskan communities that allow RV's in parks only and some don't address RV's other than meeting building codes for permanent structures. Our proposed ordinance seems to fall right in between. Commissioner Roberts: If Duane's mother comes up to stay the summer and only got to stay 29 then she's got to go to a park, and if Howard didn't catch her then she got to stay all summer and somebody else got caught. Maybe we shouldn't limit the number of days. Commissioner Bannock: If it ain't a problem why regulate it. Planning Specialist Loper: Because it has been requested by the! public. Chairman Nault: I guess it comes back to the first point. I don't care if you have your whole extended family in your back yard if they don't cause any trouble you can pack them all in there. But when you park enough things in my driveway that I share with people I would certainly like to have some way to provide people with relief. Councilman Smalley: The reason this whole thing came to a head was a few years back there were complaints coming from Thompson Park. We didn't have anything on the books and the concern was that there was an RV there most of the year and the lines were laying on the ground. It came to the city, the city to the Council, Council to the Commission to develop an RV ordinance. Again, the problem was primarily a time frame and then definition. One of the things the Commission was requested to do was to develop an ordinance that would resolve those kinds of problems. KENAI PLANNING & ZONING COMMISSION January 25, 1989 Page 4 Basically it was almost a cart before the horse because it was a situation where we didn't have any RV parks. So when the RV parks started to come on line and we were encountering more problems, obviously the need to develop this ordinance came back again. This time the Commission was asked to look at some kind of time reference to protect private property owners. And again because its only going to be caught when there is a complaint because they aren't out there looking for it. You need something on the books that allows the city the flexibility to deal with it. It says so many days, this is the complaint, now we can deal with it. I don't see that it's inconsistent if there isn't a complaint. This is the type of ordinance that is only going to come forth if there is a complaint. It's the same a dog licenses. If there's a problem with a dog then they deal with it. I would be willing to speculate that there are 2/3 of the dogs in this city that are not licensed. Commissioner Roberts: Suppose one of these guide services decides he wants an extra place to lodge their clients and we set a 30 day limit, then he would only be able to use it that long. If we set it for 90 days then he could use it all summer. Planning Specialist Loper: Presumably he's been given a conditional use permit for a certain operation. If he starts moving a lot of RV's in there he would have to come back and get an amendment to his permit. My guess is the minute you started seeing a lot of RV's on those lots we're going to get phone calls. MOTION: VOTE: Commissioner Bryson moved to amend section 14.20.245 (d)(3) by adding the phrase "or exceeding 30 days per calendar year, and to strike "as defined as not exceeding 30 days", seconded by Commissioner Glick. To clarify, this goes at the end of section (d)(3) after the word "sewer". Motion passes Chairman Nault - yes Commissioner O'Reilly - yes Commissioner Bannock - no Commissioner Bryson - yes Commissioner Glick - yes Commissioner Roberts - no MOTION AMENDMENT: Commissioner Bannock moved to delete both additions, "as defined as not exceeding 30 days" and "or exceeding 30 days per calendar year", seconded by Commissioner Roberts Commissioner Bannock: If a person wants to spend December at 20 degrees below in an RV without connections to external tanks, etc., he should go for it. Commissioner O'Reilly: Couldn't someone interpret_ this any way. I mean if someone calls in and KENAI PLANNING & ZONING COMMISSION January 25, 1.989 Page 5 VOTE: says there's been a RV parked in my driveway for 45 days, couldn't this mean that Howard could then go out and say I've decided that 41i days is long term use and you have to leave. Councilman Smal"ey: I agree. It makes it very arbitrary. Commissioner Bryson: I believe where there is a specific statement made in our case not. exceeding 30 days, that is interpreted very specifically. Where ever something isn't named it would be interpreted generally. Motion fails Commissioner O'Reilly - no Commissioner Bannock - yes Commissioner Bryson - no Commissioner Glick - no Commissioner Roberts - yes Chairman vault - no Commissioner Roberts: Does this ordinance address the trailer that :is parked on private property to control becoming a nuisance, an eye sore, devaluation of the property. We want to keep Kenai beautiful. Say an RV is parked on a piece of property and kids come up and paint it with graffiti or they're using it for a chicken house. Planning Specialist Loper: By the fact that it can't be parked for more than 30 days I would think. Councilman Smalley: No, it's like Duane with an ugly car. you're getting :into things that are undefendable. MOTION: Commissioner Bryson moved to approve Resolution 89-1 as amended, seconded by Commissioner Glick. VOTE: Motion passed Commissioner Bannock - no Commissioner Bryson - yes Commissioner Glick - yes Commissioner Roberts - yes Chairman Nault - yes Commissioner O'Reilly - yes Councilman Smalley announced that the Mayor and Council have sent congratulations for their work on the RV ordinance and bed & breakfast ordinance because they were two of the objectives they had passed down. They are pleased with the progress the Commission has made. 5. APPROVAL OF MINUTES of January 11, 1989 Commissioner Bryson asked to correct the second on election of Vice Chair and the amount on page 4 to $5,000 the word "guides" change to the word "sites" and add the word "specific" at the end of the sentence. KENAI PLANNING & ZONING COMMISSION January 25, 1989 Page 6 The minutes were approved as corrected. 6. OLD BUSINESS None 7. NEW BUSINESS a. Review of Corps of Engineers Permit Application for Floating Dock in Beaver Creek - Lowe The application is for John Lowe. The Commission had a concern of the ownership of the lot since the recent hearings for businesses in that area. The permits will be passed on to the Harbor Commission, however since they were addressed specifically to the Planning Commission they come before this body first. The Commission agreed to review the application again at the next meeting which is within the expiration period. MOTION: Commissioner Bannock moved to recommend that the application for Mr. John R. Lowe be tabled pending clarification of ownership of Lot 9, Anglers Acres S/D, seconded by Commissioner O'Reilly VOTE: Motion passed unanimously Commissioner Bannock: I wouldn't want to act on an application as a representative of the City if the owner doesn't know about it. b. Review of Corps of Engineers Permit Application for Floating Dock in Beaver Creek - Fretz The applicant for this permit is a resident of Scottsdale Arizona and again, there is a concern regarding ownership. MOTION: Commissioner O'Reilly moved to table the application for Mr. Fretz until the next meeting and that staff determine ownership of the property, seconded by Commissioner Roberts VOTE: Motion passed by unanimous consent C. Review of Corps of engineers Permit Application for Mooring Buoy in the Mouth of the Kenai River - Russell The Commission agreed that this buoy is in an area where there are already several buoys and should not be a problem. MOTION: Commissioner Bannock moved to recommend Mr. Russell have his buoy, seconded by Commissioner O'Reilly KENAI PLANNING & ZONING COMMISSION January 25, 1989 Page 7 VOTE: Motion passed by unanimous consent 8. PLANNING a. Goals & Objectives for 1989 The Commission went through the 1988 list and eliminated those projects that have been completed. The remaining list will have three items: Update the Comprehensive Plan Update the Home Occupation. and Day Care Center portion of the Zoning Code Hold on Action regarding the Landscaping/Site Plan Review Board MOTION: Commissioner O'Reilly moved to adopt the 1989 Goals & Objectives, seconded by Commissioner Bannock VOTE: Motion passed by unanimous consent b. Bed & Breakfast Ordinance There seems to be some question regarding the recently passed bed & breakfast ordinance as far as some minor revisions from the legal department are concerned. The City Clerk has inquired as to why it wasn't on the Council agenda. Perhaps the legal department needs further direction from the Commission. The Commission reviewed the last memo to the legal department regarding the revisions. MOTION: Commissioner O'Reilly moved to request sending the bed & breakfast ordinance on to the Council, seconded by Commissioner Glick. VOTE: Motion passed by unanimous consent 0JENERSX& a. City Council Councilman Smalley reported on Council activities including the project as presented by the Bicentennial Visitors and Convention Bureau. The project will be run through the Commission at some point due to the location which is in a historic district. Commissioner Roberts asked for an update on the proposed water & sewer rates for RV parks. Councilman Smalley answered that the Council adjusted the season to 5 months. I pushed for 4 but they KENAI PLANNING & ZONING COMMISSION January 25, 1989 Page 8 felt that it would be in the best interest of the city to develop the fall fishery and RV parks and my comment was not at the cost of the loss of businesses because of exorbitant rates. b. Borough Planning Commission Commissioner Bryson reported on Borough activities. There was one plat, the rest was in-house. C. Administration None 10. PERSONS PRESENT NOT SCHEDULED None 11. INFOR14ATION ITEMS No comments 12. COMMISSION COMMENTS & QUESTIONS Councilman Smalley stated that Mr. McKechnie has filed an appeal for the trailer park near Angler's Acres. It's my understanding that he will be present at City Council when they sit as a Board of Adjustment of February 1, 1989. Chairman Nault: My question, what I was taking issue with was whether it is in writing anywhere who has the right to appeal a decision. Commissioner Bryson: I don't 7-hink it says if it has to be the prevailing or the other side. It's left open to everyone. Chairman Nault: So any decision we make if it involves property owners, any one of them can appeal a decision we make. Commissioner Bryson: They may not chose to. Councilman Smalley: Has he requested all the backup, answer no. Councilman Smalley: He is out of state. Chairman Nault: I think they set up an appeal in such a way that he has to be present if he's really interested in appealing. Commissioner Roberts asked who did the research for the RV rates. Councilman Smalley answered the Finance Director. Commissioner Roberts asked if the Councilman knew who he had contacted. Councilman Smalley answered that he had contacted similar use businesses within the city that utilize similar amounts of water and other municipalities with similar situations. Commissioner Roberts: I made a few phone calls myself yesterday after I found out it had passed the city and I'm sure all intentions were good but I would like to report what I found. I called three different places. I have stayed at the Hillside in Anchorage and called them. The owner tells me that the sewer rates are too high and he has a problem with them and he has a water well. He didn't discuss his business at all and didn't know what he was paying for sewer rates for sure, but referred me to the Highlander who are on city utilities. Upon contacting the KENAI PLANNING & ZONING COMMISSION January 25, 1989 Page 9 Highlander, I was told that the rates were too high. We can't pay the rates the city is paying, we have gotten a committee together and we've been to the city to discuss this and we think we've got. something better coming down. It's not that we're not busy from June 15th to September 15th but before and after those dates, nothing. I then called the city and talked to Mrs. Hoovner who is in charge of public works. She says that have come up with a new deal and that is that all water will be metered whether or not it is on a well or city. From that if they furnish the water they charge $2.31 per 1,000 gallons. The sewer rates are based upon usage of water irregardless of whether the space is filled but how much water is used. To determine that they charge each month $4.60. For each 1,000 gallons of water for sewer it costs $1.75. Plus another $1.69 for each space. So for the whole RV park you pay $4.60, $1.75 per each 1,000 gallons of water. As an example, using 40,000 gallons or 70 gallons per day, on 20 spaces for the water at $2.31 would cost $92.4G. Assuming that's low lets use 3 times that or $270 for water for 20 spaces. On sewer you have $4.60, 20 spaces x $1.69 = $33.80. At the 40,000 gallons at $1.75 = $70.00. Totalling all of that for sewer it comes to $108. Divide that by 20 spaces it is about $30 per month Per space. Councilman Smalley: The current rate for water and sewer- per space is $.46 per day. Totally, at $14.05 per space per montf°. divided by a 30 day month is $.46 per day. I would encourage you visit with Mr. Brown or [dr. Brighton on these figures. The message that the Counci.:i gave Mr. Brown is that the People that come and visit the State of Alaska are gravy train. Everywhere else you go you pay even to the fire wood. Commissioner Roberts: 1 agree with that, that price is not bad. Here's what could get bad, is that long term that you pay the base rate for. In Anchorage they will come and get your meter when you shut down and will bring it back. This way you're not charged for any more water than what you use so if you only have one stall and you use one gallon you're charged for one gallon. It doesn't matter if you have the spaces filled, you have to pay the rates for five months. I'm not saying this is true, I'm saying that is what :I've been told. Councilman Smalley: The Peninsula is going to be different than Anchorage as far as the tourist traffic in May and September. We're still heavily loaded with Anchorage people down here and once there are facilities to take care of their needs such as RV parks we're going to be utilized more. 13. ADJOURNMENT There being no further business, the meeting was adjourned at 9:37 P.M. Janet A. Loper Planning Specialist 7) " 07 1791-1991 CITY OF KENAI Cap� q 44u.4afl 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907-283.3014 MEMORANDUM TO: f,7ayor Williams and City Council Members FROM: Planning & Zoning Commission Janet Loper, Secretary SUBJECT: Proposed Ordinance Pertaining to Bed & Breakfast ,:stablishments The 1ega� department had proposed some minor changes in the resolution first approved by the Commission. Those amendments were brought back to the Commission at their last meeting on January 25th and were again approved and they have asked that I send on the amended proposed ordinance to you for review. Should you desire further chances, the Commission asks that they be advised, otherwise, with the spring season coming soon, (hopefully) the ordinance should be passed as soon as possible.. Suggested By: CITY OF KENAI Planning & Zoning Commission ORDINANCE 1302-88 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE KENAI MUNICIPAL CODE CHAPTER 14, SECTION 14.20.320 ENTITLED "DEFINITIONS," THE LAND USE TABLE AND WITH THE ADDITION OF SECTION 14.20.321 ENTITLED "BED & BREAKFAST ESTABLISHMENTS." WHEREAS, the Kenai Municipal Code does not address Bed and Breakfast establishments within the City of Kenai; and, WHEREAS, there has become a need for defining such establishments; and, WHEREAS, the Planning & Zoning Commission has studied the situation and made their recommendations during their December 14, 1988 Commission Meeting. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the Kenai Municipal Code, Chapter 14, is amended as follows on the attached pages: PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fourth day of January, 1989. ATTEST: Janet Ruotsala, City Clerk Approved by Finance: (12/20/88) JOHN J. WILLIAMS, MAYOR First Reading: Second Reading: Effective Date: -1- December 21, 1988 January 4, 1989 February 4, 1989 Section 1• 14.20.320 Definitions: (a) General Interpretation: (1) Words used in the present tense include the future tense. (2) The singular number includes the plural. (3) The word "person" includes a corporation as well as an individual. (4) The word "lot" includes the word "plot" or "parcel." (5) The term "shall" is always mandatory. (6) The word "used" or "occupied" as applied to any land or building shall be construed to include the words "intended," "arranged" or "designed to be used or occupied." (b) Specific definitions: 11) "Accessory building" means a detached building, the use of which is appropriate, suborainate, and customarily incidental to that of the main building or to the main use of the land and wnlch is locatea on the same lot as the main building or use. An accessory building shall be considerea to be a part of the main buiiding when joined to the main building by a common wall or when any accessory building ana the main building are connectea by a breezeway. i2) "Accessory use" means a use customarily incidental and subordinate to the principal use of the land, building, or structure anti locatea on tee same lot or parcel of land. i dministrative of--ai" ;Weans the person charged with the administration and enforcement of this cnapter. -A) "Agricultural bui-lding" -eans a building used to shelter farm implements, ::ay, gain, poultry, livestock, or other farm produce, in which there is no human habitation and which is not used by the public. (5) "Alley" means a public way designed and intended to provide only a secondary means of access to any property abutting thereon. (6) "Alterations" means any change, addition, or modification in construction, location, or use classification. (7) "Apartment house," see "Dwelling, multiple." (8) "Area building" means the total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings, exclusive of steps. (9) "Automobile wrecking" means the dismantling of used motor vehicles or trailers or the storage or sale of parts from dismantled or partially dismantled, obsolete, or wrecked vehicles. -2- (10) "Bed and Breakfast" means a residential, owner - occupied dwelling in which rooms are rented to payina Quests on an overnight basis with no more than one meal served daily. [(10)] (11) "Boardinghouse" means a building other than a hotel where lodging, with or without meals, is provided for compensation for three or more persons, on other than day-to-day basis and which is not open to transient guests. [(11)] 12 "Building" means any structure built for the support, shelter, or enclosure of persons, animals, or property of any kind. H12)] 13 "Building Code" means the building code and/or other building regulations applicable in the City. H13)] (14) "Building, existing" means a building erected prior to the adoption of the ordinance codified in this chapter or one for which a legal building permit has been issued. [(14)] 15) "Building Height" means the vertical distance from the "grade," as defined herein, to the highest point of the roof. [(15)] (16) "Building, principal or main" means a building in whicn is conducted the principal or main use of the lot on which said building is situated. [(16)] (17) "Centerline' means the line which is in the center of a public right-of-way. [(17)] 18) "City" means the City of Kenai, Alaska. [(lo)] 19 "Collector street" means a street located and designed for the primary purpose of carrying through traffic and of connecting major areas of the City. Uniess otherwise designated by the Commission, collector street shall be defined on the plan for streets and community facilities in the comprehensive development plan. [(19)] (20) "Commission" means the Kenai Planning & Zoning Commission. (Ord. 1179) ((20)] 21 "Conditional use" means a use which is permitted under the terms of this chapter provided that under the specified procedures, the Commission finds that certain conditions, specified in this chapter are fulfilled. Conditional uses are listed in the Land Use Table. [(21)] 22 "Coverage" means that percentage of the total lot area covered by the building area. [(22)] 23 "Dwelling" means a building or any portion thereof designed or used exclusively for residential occupancy including one -family, two-family and multiple - family dwellings, but not including any other building wherein human beings may be housed. [(23)] 24 "Dwelling unit" means one or more rooms and a single kitchen in a dwelling designed as a unit for occupancy by not more than one family for living or sleeping purposes. -3- [(24)] (35) "Dwelling, one -family" means any detached building containing only one dwelling unit. [(25)] 26) "Dwelling, two-family" means any building containing only two dwelling units. [(20)] (27) "Dwelling, multiple family" means any building containing three or more dwelling units. [(27)] (28) "Essential service" means the erection, construction, alteration, or maintenance by public utility companies or municipal departments or commissions, of underground or overhead gas, electrical, steam, or water transmission or distribution systems, collection, communication, supply, or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, traffic signals, hydrants, and other similar equipment and accessories in connection therewith. This definition shall not be interpreted to include public buildings. [(24)] (29) "Family" means any number of individuals living together as a single housexeeping unit in a awelling unit. [(29) (30) "Fence, heignt" :Weans the vertical distance between the ground directly unaer the fence and the highest point or the fence. [(30)] (31) "Floor area means the total of each floor of a building within the surrounaing outer walls but excluding vent snafu and courts. [ (3?.) ] ( 32 ) "Frontage" means ail the property fronting on one side of a street between intersection streets. [(32)] (33' "Garage, private" weans an accessory building or any portion of a main zullding useu in connection with residential purposes fcr i..e storage of passenger :rotor vehicles. [(33)] (34) "Garage, public" means any garage other than a private garage, available to the public, operated for gain, and which is used for storage, repair, rental, greasing, washing, servicing, adjusting, or -equipping of automobiles or other vehicles. [(34)] 35) "Grade (ground level)" means the average level of the finished ground at the center of all walls to a building. In case walls are parallel to and within five (5) feet of a public sidewalk, the ground level shall be measured at the sidewalk. [(35)] 36 "Guest room" means any room in a hotel, dormitory, boarding, or lodging house used and maintained to provide sleeping accommodations for more than two persons. [(36)] 37) "Home occupation" means an accessory use of a service character customarily conducted with a dwelling, by the residents, which does not involve the conduct of trade on the premises. -4- [(37)] 38 "Hotel" means any building or group of buildings in which there are guest rooms used, designed, or intended to be used for the purpose of offering to the general public, food or lodging, or both, on a day-to-day basis. [(38)] 39 "Junkyard" means any space 100 square feet or more of any lot or parcel of land used for the storage, keeping, or abandonment of junk or waste material, including scrap metals or other scrap materials, or for the dismantling, demolition, or abandonment of automobiles, other vehicles, machinery, or any parts thereof. [(39)] 40 "Loading space" means an off-street space or berth on the same lot with a building or structure to be used for the temporary parking of commercial vehicles while loading or unloading merchandise or materials. [(40)] (41 "Lot" means a parcel of land occupied or to be occupied by a principal use and having frontage on a public street. [(41)] 42) "let, corner" means a lot situated at the junction of, and bordering on, two intersecting streets. [(42)] (43) "Lot line, front - corner lot" means the shortest street line of a corner lot. [(43)] (44) "Lot line, front - interior lot" means a line separating the lot from the street. [(44)] 45) "Lot line, rear" means a line that is opposite and most distant from the front lot line, and in the case of irregular, triangular, or gore shaped lot, a line not less than ten feet in length, within a lot, parallel to and at the maximum distance from the front lot line. ((45)] (46) "Lot line, side" means any lot boundary line not a front lot line or a rear lot line. [(46)J 47 "Lot depth" means the horizontal distance separating the front and rear lot lines of a lot and at right angles to its width. [(47)] 48 "Lot width" means the mean horizontal distance separating the side lot lines of a lot and at right angles to its depth. [(48)] 49 "Mobile home" a structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used as a dwelling unit, with or without a permanent foundation when connected to the required utilities. ((49)) 50 "Mobile home park" means a site with required improvements and utilities for the long-term parking of mobile homes which may include services and facilities for the residents. -5- [(50)] (51) "Motel" means a group of one or more detached ore semi-detached buildings containing two or more individual dwelling units and/or guest rooms designed for, or used temporarily by, automobile tourists or transients, with a garage attached or parking space conveniently located to each unit, including groups designated as auto courts, motor lodges, or tourist courts. [(51)] (52) "Nonconforming lot" means a lot lawfully existing at the time this ordinance became effective, which by reason of area or dimensions, does not meet the development requirements for the zone in which it is located. [(52)] 53 "Nonconforming structure" means a structure or portion thereof, lawfully existing at the time this ordinance became effective, which by reason of its yards, coverage, height, or other aspects of design, does not meet the development requirements of this zone. "Nonconforming use" means a use of a structure of land, or of a structure and Lana in combination, lawfully existing at the time this ordinance became effective, or estanlisned on the premises of a previous nonconforming use as specified in this chapter, which is not in conformity with the uses permittea in the zone in which it exists. [(54)] (55) "Nursery, children's" means any home or institution usea or maintained to provide day care for children not more than seven years of age. [(55)] (56) "Parking space, private" means any automobile parking space not less than 130 square feet in area. [ (56) ] ( 57 ) "Parking space, pur)lic" :means an area of not less than 130 square feet exclusive of drives or aisles giving access thereto in area accessible from streets and alleys for the storage of passenger :motor vehicles operated by individual drivers. [(57)] 58) "Person" means a natural person, his heirs, executors, administrators, or assigns, and also including firm, partnership, or corporation, its or their successors and/or assigns or the agent of any of the aforesaid. [(58)] 59 "Planned Unit Residential Development" means an alternative method of development a residential neighborhood under more flexible conditions that other required in a specific zoning district. [(59)] 60) "Principal use" means the major or predominant use of a lot or parcel of land. [(60)] 61 "Profession" means an occupation or calling requiring the practice of a learned art through specialized knowledge based on a degree issued by an institution of high learning, e.g., Doctor of Medicine. [(61)] (62) "Property owner" means the owner shown on the latest tax assessment roll. [(62)] 63) "Service station" means any building, structure, premises or other space used primarily for the retail sale and dispensing of motor fuels, tires, batteries, and other small accessories; the installation and servicing of such lubricants, tires, batteries, and other small accessories, and such other services which do not customarily or usually require the services of a qualified automotive mechanic. [(63)] 64 "Sign" means any words, letters, parts of letters, figures, numerals, phrases, sentences, emblems, devices, trade names, or trade marks by which anything is made known, such as are used to designate an individual, firm, association, corporation, profession, business, or a commodity or product, which are visible from any public street or highway and used to attract attention. [(64)] (65) "State highway" means a right -or -way classified by the State of Alaska as a primary or secondary highway. [(65)] (66) "Street" means a public right-of-way used as a thoroughfare and which is designed and intended to provide the primary means of access to property abutting thereon. [(66)] (67) "Structure" means that which is built or constructed, an edifice or a building or any kind, composed of parts joined together in some definite manner. [(67)] (68) "Townhouse" means single-tamiiy dwelling units constructed in a series or group of two or more units separated from an adjoining unit by an approved party wall or wails, extending from the basement of either floor to the roof along :he linking lot line. [(68)] 69 "Use" means the purpose for which land or a building is arranged, designed, or intended, or for which either land or a building is or may be occupied or maintained. [(69)] 70 "Variance" means the relaxation of the development requirements of this chapter to provide relief when the literal enforcement would deprive a property owner of the reasonable use of his real property. [(70)] (71) "Yard" means an open, unoccupied space, other than a court, unobstructed from the ground to the sky, except where specifically provided by this ordinance, on the same lot on which a building is situated. ([71)] (72) "Yard, front" means a yard extending across the full width of the lot between the front lot line of the lot and the nearest exterior wall of the building which is the nearest to the front lot line. -7- [(72)] (73) "Yard, rear" :;leans a yard extending across the full *,width of the lot between the most rear main building and the rear lot line. W 73)] (74) "Yard, side" means a yard on each side of a main building and extending from the front lot line to the rear lot line. The width of the required side yard shall be measured horizontally from the nearest point of a side lot line to the nearest part of the main building. ((74)] 75) "Zoning change" means the alteration or moving of a zone boundary; the reclassification of a lot, or parcel of land, from one zone to another; and the change of any of the regulations contained in this chapter. WSW 76 "Zoning ordinance or ordinances" means the zoning ordinance of the City of Kenai. Section 2• 14-20.321 Bed A Breaxfast Estanlisnments: (a) Intent: It is the intent of -zis cnanter 7o eermit bed & breakfast estaoiishments ov conaitzonai use wnicn is comnatibie with other wermittea uses wiz: me residentiai character of a neignbornooa, ana wnich is clearly seconaary or incidental to one resiaentiai use of the main building. (5) Provided that these estabiisaments snail be owner-coerated, not more than one person outsiae the family shall be emoloved in the bed and breakfast; rent out no more than thirty percent (30%) of one total floor nraa; have adequate off-street parking -cr owner and all attests; and shall meet all other requirements as set -rtn by the Planning & Zoning Commission at the time of public hearing. (c) The bed & breakfast establishment rust meet all area height and setback requirements of `he zones in which they are allowed according to the Land Use Table. �� ZONING DISTRICTS USES C RR RR-1 RS RS-1 RS-2 RU CC CG IL IH INDUSTRIAL Airports and Related Uses Automotive Repair/Tire Recapping/Rebuilding Gas Manufacture/Storage Hanufacturing/Fabricating/ Assembly/Storage Warehouses PUBLIC/INSTITUTIONAL Charitable Institutions Churches Clinics Colleges12 Elementary Schools12 Governmental Buildings12 High Schools12 Hospitals12 Libraries Museums Parks and Recreation Public Facilities12 Sanitariums" MISCELLANEOUS Animal Boarding" Bed & Breakfasts Cemeteries Crematories P - P P -P C9 P P P P P P10 P10 - C -- C F10 --C C C C C Pi0 - - ._ C " P P C C- - C C - C C_ C1'L - - S C C --- --- - -- C C_ _ C C C _-_ C _ _I C C P P S! P P P S S S C C C- _ C_ c ---- C - ---- ---- -- P _. ---- -- -- — - C C _ _— __ ___ Zj - S LtAtdi4-eJ KENAI BEAUTIFICATION COMMITTEE January 24, 1989 Kenai City Hall Glen Jackson, Vice Chair Presiding 1. ROLL CALL Present: Jackson, Hakkinen, Selby, Sheldon, McComsey Absent: Sparks and Wisniewski Also Present: Councilwoman Swarner, Director McGillivray a. Election of Officers MOTION: Committee Member Selby moved to leave the Chair and Vice Chair as it stands, seconded by Committee Member McComsey VOTE: Motion passed unanimously 2. PERSONS PRESENT SCHEDULED TO BE HEARD None 3. APPROVAL OF AGENDA Agenda approved as submitted 4. APPROVAL OF MINUTES of September 13, 1988 The minutes were approved with the correction that Pat McComsey was present. 5. OLD BUSINESS a. Summer Projects The summer projects were: additional banners, storage building for Parks & Rec, cement pipes for plantings, Spur Highway/Marathon Road frontage cleaned up, Lawton strip cleanup, Old Town ROW for cleanup, edging grass areas downtown, 0ld Town added to downtown beautification efforts, additional sidewalks to Memorial Park. The Committee, Director McGillivray, and Jack LaShot discussed the storage building prior to the meeting. It was agreed that the storage units that have been purchased in the past were taken up mainly by public works. The police department is in need for space for their impounded or lost & found items, as well as Parks & Rec for their equipment and the storage of the Christmas decorations and banners. The Committee will discuss this item at the next meeting. KENAI BEAUTIFICATION COMMITTEE January 24, .1989 Page 2 Concerning the Christmas decorations, Director McGillivray reported that. ALL bulbs on the decorations were replaced this year. The high number of lights out came from handling when installing and the poles themselves. AirTek had been contacted to repair the poles, however, very few were actually effectively repaired. Vice Chairman Jackson reported on the survey he conducted on a boom for the seasonal decorations, stating that it it would cost. $1.4,000 for a used boom which is located in Anchorage. With the cost of handling the decorations, it is an alternative, however money is a problem. Director McGillivray reported that the budget will probably be held at the current -line and no additional items will be considered. The Committee agreed to hold on any further seasonal decorations and the cement pipes. The Committee asked Director McGillivray about the possibility of edging and cleanup in Old Towne. Councilwoman Swarner informed the Committee that the Visitors and Convention Bureau had given the Council a presentation on the bicentennial celebration plans and part of that. presentation was looking at a portion of 0ld Towne in the vicinity of Bookeys and the Refuge buildings. This item may be on hold until after those plans are carried through. However, the Committee agreed that the Old Towne area should be added to the beautification efforts. Director McGillivray commented about the sidewalks in the Memorial Park stating that Mrs. Porter had asked him to look into the planting of a tree by Wards Landscaping and that he had agreed with the landscaper in that the siting chosen by the people for the tree would have eventually harmed both trees. The Committee agreed that before a recommendation is made to add more sidewalk, a determination was needed as to how many more plantings could be done that would not require sidewalk space. b. Check on Flower Order with Kavo The Committee and Director McGillivray agreed that the flowers last year were more than acceptable and did not want to change the types except in one area, that of the KENAI sign in the Airport Triangle Park. The flowers last year did not bush out or full out to the extent expected and the Committee agreed that Director McGillivray will order a different type this spring. The Committee agreed that the circle plantings and the cement plantings were more visible raised in the center and the flowers showed off much better. There did not appear to be any new areas in need of beautification this summer. The Committee agreed that the Lawton Strip could be used for "Adopt a Park" but until approached it will not be pursued. C. Status of Capital Projects The three capital projects were: additional sidewalks in Memorial Park, a storage shed for Parks & Rec and Beautification equipment, KENAI BEAUTIFICATION COMMITTEE January 24, 1.989 Page 3 and a boom truck for the placing of seasonal decorations. Councilwoman Swarner had given these three items to the Council, however, they were not put on the Capital Improvements list. The Committee agreed that there was no money available at this time and these three items will be put on hold. 6. NEW BUSINESS a. Current Budget. Director McGillivray and the Committee reviewed the budget and determined that there appeared to be enough money in the budget to begin the summer plantings, fertilizing, and care of existing areas. b. Budget for FY89-90 Director McGillivray will have a summary of the new budget at the next meeting. The deadline for presenting the budget to the Finance Director is February 17th. C. Christmas Decorations and Banners Discussed above. 7. COMMITTEE QUESTIONS & CCTIIHIENTS The neat meeting will be February 14, 1989 at 1:30 P.M. 8. ADJOURNMENT There being no further business, the meeting was adjourned. Janet A. Loper, Planning Specialist Secretary to the Committee s IDEPT. OF t'OMMUNITV & REGIONAL AFFAIRS MUNICIPAL & REGIONAL ASSISTANCE DIVISION 949 E. 36th AVENUE, SUITE 400 P.O. BOX 348 ANCHORAGE, ALASKA 99508-4302 BETHEL, ALASKA 99559-0348 PHONE: (907) 561-8586 PHONE: (907) 543-3475 P.O. BOX BH 710 MILL BAY RD, JUNEAU. ALASKA 99817.2710 KODIAK, ALASKA 99615-6340 PHONE: (907) 465-4750 PHONE: (907) 486-5736 C P.O. BOX 295 DILLINGHAM. ALASKA 99576-0295 PHONE: (907) 842.5135 ❑ P.O. BOX 350 KOTZEBUE, ALASKA 99752-0350 PHONE: (907) 442-3696 January 16, 1989 CERTIFIED/RETURN RECEIPT REQUESTED The Honorable John J. Williams Mayor of Kenai 210 Fidalgo Kenai, AK 99611 Dear Mayor Williams: F-1 1001 NOBLE ST SUITE, 430 FAIRBANKS, ALASKA 99701-4948 PHONE: (907) 452-7126 u P.O. BOX 41 NOME, ALASKA 99762-0041 PHONE: (907) 443-5457 RE: FY 90 STATE REVENUE SHARING PROGRAM - DETERMINATION OF MILLAGE RATE EQUIVALENT AND DATA ELEMENTS The Department of Community and Regional, Municipal and Regional Assistance Division, has determined the factors for computing the FY 90 state revenue sharing entitlement for your municipality. Enclosed is the report showing the millage rate equivalent. and the data elements used to determine entitlements under the Miscellaneous Services portion of the program. Borough service areas are reported separately. Please note that the Eligible Local Revenue factor may be subject to change if your municipality has not submitted an audit, or, in the case of a second class city, a certified financial statement. You may appeal to the Commissioner any of these data elements used to calculate entitlements other than a population determination under 19 AAC 30.042 - 19 AAC 30.044 or a full and true assessed value determination as provided under 19 AAC 30.092. The appeal must be in writing and postmarked within 30 days of the receipt of this notice of determination. The appeal must include all relevant evidence in support of your claim. Payment under the FY 90 State Revenue Sharing Program will be issued in July, 1989. If you have any questions, please call either Pauline Valha or Patti Becker in Juneau at 465-4733. Sincerely, -, `- �,,--krty Rutherford Director C�_ Enclosure: Data Report cc: Jim Sanders, LGS, MRAD, Anchorage 21-P t v JVRSC 4-01 DEPARTMENT OF , iMUNITY $ REGIONAL AFFAIRS DETERMINATION STATISTICS MUNICIPAL REVENUE SHAPING INFCRMATION y0ROUGHS AND SERVICE AREAS PAGE: 115 J AN 17, 1989 21300 KENAI POPULATION- - - - - - - - - - - - - 6,546 PROPERTY VALUE- - - - - - - - - - - $309,813,100 ELIGIBLE LOCAL REVENUE- - - - - - - $4,030,615 MILL RATE EQUIVALENCY - - - - - - - 13.CO982754 STATISTICS. - - - - - - - - - - - - (1) HEALTH FACILITIES - - - - - 2 (2) HEALTH FACILITIES BEDS- - - 48 (3) LARGE HOSPITALS - - - - - - 0 (4) REGULAR HOSPITALS - - - - - 0 (5) HOSPITAL BEDS - - - - - - - 0 (6) HOSPITAL CONSTRUCTICN - - - s0 ROAD MILES MAINTAINED - - - - - - - (1) PUELIC- - - - - - - - - - - 59.50 (2) ICE - - - - - - - - - - - - 0.00 PRIOR YEAR ADJUSTMENT - - - - - - - $0 COST OF LIVING ALLOWANCE- - - - - - 107.64 KPCCC'S 5 BEDS LOCATED CUTSIDF THE CITY LIMITS ARE NOT ELIGIBLE. PETRO SALES INELIGIBLE. Citizens' Coalition For Tort Reform January 18, 1988 Mayor John J. Williams City of Kenai 210 Fidalgo Kenai, Alaska 99611 Dear Mayor Williams, �j Tort reform is a local government issue. We need the help of community leaders, like yourself, across the state in convincing our legislators to enact comprehensive tort reform legislation this year. It's wrong that the fear of lawsuits prevents our school districts from offering after school and gymnastics programs, determines whether or not our city -owned clinics are served by local physicians, and discourages rural residents from forming service districts to provide themselves with fire protection. It's wrong that a peace officer responsibly carrying out his or her duties can be sued for a non -malicious decision to take or not to take an intoxicated person into custody. By making our civil justice system fair and consistent, Alaska's local governments' exposure to law suits will be more reasonable so they can provide the services our communities need and deserve. Over the long run we can stop the spiraling cost of insurance and increase the availability of risk coverage so local governments can do their jobs cost effectively. It's strikingly clear -- Alaskans want a fair, efficient and consistent civil justice system. Alaska's voters have demonstrated their strong support for tort reform. Now it is time for our legislators to act. The Coalition is presenting the 16th Alaska State Legislature with proposed legislation to effect comprehensive tort reform in Alaska. Enclosed is a description of the Coalition's 1989 legislative agenda. P0. Box 201668 Anchorage, Alaska 99520 Phone: 561-6250 Raid for by ( itwemi1 ' C oalition for Tort Retorm, Pk) Kos 20I668, :anchorage, Alaska 91a-,20. David McGuire, 'd D., Chairman Page 2. How can you help? First, we would appreciate your sending us a personal letter of support for comprehensive tort reform legislation. We wish to include your letter, along with others from individuals, businesses, professional and business organizations, and local governments around the state, in an information notebook on needed tort reform legislation the Coalition is preparing for each member of the House and Senate. Please mail your letter to the Coalition office at the address shown below. You may direct your letter to either me or to "The Members of the 16th Alaska State Legislature." We would appreciate receiving your letter by Friday January 27 (the Coalition's FAX number is 561-6418). Second, enclosed is a suggested resolution urging the Alaska State Legislature to enact comprehensive tort reform legislation. Please present this resolution to your assembly or council for action. With your help, I am confident we can convince our legislators to enact comprehensive tort reform legislation this year. Please call the Coalition staff, if you have questions, 561-6250. Sincerely, David A. McGuire, M.D. Chair DID YOU KNOW? According to a recent study reported in the December 1988 edition of Business Insurance, government entities are the "classic deep pockets" in liability claims. An exhaustive analysis of over 13,000 commercial liability bodily injury claims reveals that governments got squeezed for more than their share of liability in about 46% of all claims studied, regardless of size. The report, by ISO DATA, Inc., goes on to say "The tendency for the insurance payment to exceed the claimant's economic loss was significantly stronger for claims against governmental entities than for the general claims population. For governmental claims, average compensation was 3.4 times the average fault -adjusted economic loss, while for the gen- eral claim population, compensation was only 2.4 times the fault -adjusted economic loss." It is important to note Alaska was one of the 27 states surveyed in this study. The good news is that in the last general election, Alaska's voters passed Ballot Measure ##2 -- by an overwhelming 72`Yo "yes" vote. Ballot Measure ##2 enacts pure several liability and remedies the deep pocket problem for local government and everyone else; but it's only the beginning. Further reforms are needed if we are to have a justice system that serves in the best interests of our local communities, business, professionals, consumers and tax payers. A RESOLUTION REQUESTING THE 16TH ALASKA STATE LEGISLATURE TO ENACT COMPREHENSIVE TORT REFORM LEGISLATION WHEREAS, Alaska's voters demonstrated their strong support for tort reform by passing Ballot Measure #2, enacting pure several liability, in the 1988 General Election by an overwhelming majority of 71.8%; and WHEREAS, it is clear Alaskan's want a fair, efficient and consistent civil justice system; and WHEREAS, enacting pure several liability is only the beginning of the reforms needed if Alaska is to have a civil justice system that will get a higher proportion of damage payments into the hands of plaintiffs while protecting the rights of defendants and the public, which ultimately pays the bills; and WHEREAS, the chaotic state of Alaska's civil justice system adding to the high cost of obtaining adequate insurance coverage is jeopardizing the ability of local governments to provide the facilities and services Alaska's communities desire and need; and WHEREAS, the 16th Alaska State Legislature has the opportunity to enact comprehensive legislation that will result in a ;justice system that will best serve the interest of all Alaskans. NOW THEREFORE BE IT RESOLVED BY THE The 16th Alaska State Legislature is urged to enact comprehensive tort reform legislation in 1989. Dated: , 1989 F-a The Citizens' Coalition for Tort Reform ALASKA'S TORT REFORM AGENDA rhn n f, J n r � CO 1986 "tort reform" legislation In the last days of the 1986 session of the Alaska State Legislatur Rbo houses passed the conference committee substitute for Senate Bill 3 ;°�btg�'� enacting what was then referred to as the "tort reform act." It was a broad -sweeping amendment to the civil liability provisions, by and large effecting a new Chapter 17 to Title 9, entitled "Limitations on Civil Liability." The statute is characterized as a "patch -work quilt" put together in an attempt to find a common -ground act guaranteed to pass. It was a beginning, but it did not go far enough toward making Alaska's civil justice system fair and predictable. What Ballot Measure #2 achieved Passage of Ballot Measure #2 takes the law of joint liability off the books in Alaska. This voter -mandated amendment to Alaska Statute 09.17.080(d) goes into effect March 9, 1989. From that time forward, a person in this state can be held liable only for the share of the damages for which he or she is responsible. What remains to be accomplished Following are the reforms the Coalition intends to ask the Alaska State Legislature to address this year: • clarify the conditions under which punitive damages can be awarded; 1986 legislation raised the standard of proof for punitive damages from "preponderance of the evidence" to "clear and convincing evidence" but stopped short of stating what must be proved. The Supreme Court has determined that punitive awards are warranted in the case of fraud, malice, gross negligence, or reckless disregard by the defendant; this needs to be clearly stipulated in the law. Alaska's Tort Reform Agenda Page 2. 9 preclude a person from recovering damages when his/her injuries or death occurred while committing a crime (felony or misdemeanor), unless the person liable for the damages was committing a crime when the death or injury occurred; The law now specifies the crime committed by the would-be claimant must be a felony to preclude him or her from recovering damages. Further, it does not make exception for when the person liable also was engaged in committing a crime when the death or damages occurred. "Crime" in this case is, as defined by AS 11.81.900(b)(9), an offense punishable by imprisonment; that is a felony or a misdemeanor and not minor infractions such as jay -walking or trespassing. • at the request of any party in the suit, allow the court to order that a judgement award for future damages (economic and noneconomic) be paid to the maximum extent feasible in periodic payments rather than lump sum and, in such cases, require the attorney's contingent fee to be reduced to present value and paid in a lump -sum; The law now allows only the injured party to request periodic rather than lump -sum payments and makes no provisions for determining attorney's contingent fees in this instance. • add electrical and telephone cooperative board members and officials to the list of persons with limited liability when carrying out their official duties; Now, unless the act or omission constituted gross negligence, a person may not recover tort damages for personal injury, death or damage to property due to the action or inaction of a person carrying out his or her official duties as a member of the board of directors or an officer of a nonprofit corporation, hospital, school board, or government body, citizen advisory committee or commission. Officers and board members of utility cooperatives need to be added to this list. Alaska's Tort Reform Agenda Page 3. • exempt personal injury, death, and property damage suits from the application of Alaska Civil Rule 82, so that the court cannot award payment of the prevailing party's attorneys fees unless authorized to do so by statute or by an agreement between the parties to the suit (requires 2/3rds majority to pass); In an effort to discourage nuisance suits, Rule 82 allows the court to award the cost of "reasonable" attorney's fees from the losing party to the winning one. The court decides what fee amount is "reasonable" on a case -by -case basis; if the plaintiff prevails, it's usually 10% of the award and most often it is paid by the defendant's insurer. If the defendant prevails there is no relative standard and no insurance policy from which to collect. As a result Rule 82's practical effect is to increase judgement amounts rather than to deter frivolous suits. Alaska alone has such a rule. Rule 82 should be applicable only to contractual law suits. • limit the liability of hospitals for the negligence of non - employees; A hospital's duty to provide certain services should not, by itself, be enough to find the hospital liable for the negligence of its nonemployees. • prevent a person from taking civil action against a peace officer or an emergency service patrol member for a non -malicious decision to take or not to take an intoxicated or incapacitated person into protective custody or to release such a person from custody; AS 47.37.170(g) needs to be repealed and reenacted to protect civil servants from being held liable for non -malicious actions in carrying out their duties with regard to intoxicated and incapacitated persons. Alaska's Tort Reform Agenda Page 4. a cap the amount of non -economic damage awards for all personal injuries at =500,000; Non -economic losses include pain, suffering, inconvenience, physical impairment, disfigurement, and loss of enjoyment of life. There is now a $50 AO cap on non -economic damages that can be recovered for personal injury based on negligence; the cap is not applicable to damages for disfigurement or severe physical impairment -- an exception so large it swallows the rule (paraphrasing Perkins Coie Report, June 1986). In practice there are few cases to which the cap would apply unless the exceptions are deleted. 9 reduce the amount the injured party may recover by the amount he or she is compensated for those injuries from collateral sources, e.g. another successful lawsuit; The current law, while fairly complicated, has little or no effect in the great majority of cases. It allows that after the court has rendered a verdict and awarded costs and attorney fees, the defendant may introduce evidence of amounts received or to be received by the plaintiff as compensation for the same injury from other sources that do not have a right of subrogation by law or contract. The court may reduce the award amount by the amount of the plaintiff's collateral sources minus the claimant's attorney's fees exceeding that covered by Rule 82 and insurance premiums. This provision requires further clarification with the consideration of attorney's fees taken out. Further, collateral sources should be taken into account by the trier in determining the amount of an award and by the court in determining if an award is excessive. The goal here is to preclude "double- dipping" in an effort to reduce society's total costs in supporting our civil justice system; reducing judgement amounts is peripheral to this goal. Alaska's Tort Reform Agenda Page 5. • repeal the existing provision that allows parties to agree not to reduce the award of future damages, such as lost income, to present day value [gets rid of the rule adopted under Beaulieu v. Elliott, 434 P.2d 655 (Alaska 1%7)]; Beaulieu is an out -dated and eccentric decision. Deleting this reference to it protects an unwary individual from inadvertently being led into an agreement that, in the event of a successful suit against him or her, he or she would be held to paying future damages at full future value as opposed to the common practice of reducing the future damage amounts to present day value. "Present day value" is the present amount that, if invested at long term future interest rates, in the safest investments, will produce over the life expectancy of the injured party the amount necessary to compensate him or her taking into account the amount of wages he could have been expected to earn, and future inflation. • provide for equal and uniform application of Alaska's statutes of repose and limitation. Together, reasonable statutes of limitation and repose promote fair compensation for deserving plaintiffs while allowing individuals, professionals, businesses, and governments to more accurately assess the risks associated with their activities and, accordingly, to provide for adequately compensating claimants. A statute of limitation set outs the time period after the injury was discovered, or should have been discovered, within which the injured party may initiate a suit. A statute of repose defines the time period within which a claim can be brought after a party sells a product, completes a construction activity, or otherwise last undertakes the act alleged to have caused the harm -- regardless of when the injury occurred. Alaska's Tort Reform Agenda Page 6. A statute of repose defines how long after a person engages in an activity he/she is exposed to civil action stemming from the activity. A statute of limitation defines the time period within which a person can bring suit once he/she has discovered, or should have discovered, the injury. Alaska now has several statutes that limit the length of time allowed for bringing civil action. Some actions relating to real property must be brought in 10 years and actions in contract must be brought in 6 years. Most actions in tort must be brought within 2 years of when "the cause of action accrues;" the time period is extended for plaintiffs who are minors or mentally ill. Alaska's legislature enacted a 6-year statute of repose to protect construction and design professionals. In 1988 the Alaska Supreme Court declared this statute unconstitutional because it protects one select group of defendants thereby denying equal protection under the law to all other potential defendants. To address the Supreme Court's objection and to afford everyone the benefits of time -limited liability exposure requires applying the statute of repose equally to all potential defendants. Further, in fairness to plaintiffs, the statute of limitations for tort action should clearly state that the 2-year clock starts when the plaintiff discovers the injury, or reasonably should have discovered it. It then follows that the 2-year statute of limitation and the statute of repose should be extended to all potential tort plaintiffs regardless of age or mental state. While allowing adequate time for the individual's parent or guardian to initiate a suit, this later reform will enable child care and medical care providers and others serving children and the mentally ill to more accurately assess their liability risk and, in turn, to reserve adequate resources to provide for anyone injured while in their care. Finally, those defendants guilty of committing intentional torts in causing an injury should be explicitly excluded from protection under the statutes of limitation and repose. CITY OF HAINES, ALASKA P.O. BOX 1049 HAINES, ALASKA 99827 (907) 766-2231 • TOURISM (907) 766-2234 • FAX (907) 766-3179 22 p Kenai Chamber of Commerce Box 497 Kenai, Alaska 99611 kic C (907) 283-7989 January 2C, i = jg Mr. F ayo McGi 11 ivray Direc`or, Parks &. Recreation City cF K-nal r: Dear ^r. �^rG i'; l lvray. ir'e'rl/enal 'namoer Ci LOr[iM?rCe'All tries rb extend their tnaniks ana su�,po,L fOr . our e: fcr-� s this Winer In oreIDar ,,na ti'le Clty''s i-- e s:�atiI c, rYC'�." e 1pl-:yee5 ila'vr cone air) e:�C Ient jCD in KeejDinG the snout' Clearer 5,� tn=' ,t ve apDarentiv been apr eClateu Lry rian`I ['C-G1 le 1"I C.J— �_-(rlr,�� _ r'�k at least v.'nen tle teim1 ,erdtui ee are Warmer, jsi-:a;'',' nas "� C)uir 7. C ei �r,t 3,11:aters a oa'`!. Please pass our tri lI'.J Ali t,1 1 y Jr ';rlp�^,y r � V eel jLir Sincerely, ,on nainey Pr?=icent cc Joan William, -, "layor P l "'. -'r I , *cn, City I r,,�rer A/ Fo /! 1791-1991 ;///ff7 CITY OF KENAI „del G'dja� 4 4Zad „ 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907-283-3014 January 19, 1989 Bob Bovd Dept. of Transportation Public Facilities 44149 Sterling Highway Soldotna, AK 99669 Dear :fir. 3ovd: At last nia is Kenai City Council Meeting the Council directed Hke to contact you concerning the following: 1. Removing snow for the full road width and the side---airis for State maintained roads in the Cites oj_ Kenai. ;:ere is a noticeable difference between Soldotna and Kenai State -,aintained roads. Soldotna`s State maintained roads are cleaned the full width and the s_"'_-al.is are also clean while in Kenai they .;=e -T:Gt. Pedestrians walking along the Spur _:_ _ ,-ay in Kenai have to walk on the highway - hic s very dangerous. s. ={ary of the lights along t:7e State maintained roads in Kenai are not operating. We have r portad to you which ones are not working. ie Yi.ien W_-L t h2V D2 il:{ed? 5. a 3. The two iiG :ts at rile Spur and the Kenai Central H gh School have been out a long time. They are vary badLy needed. You have told ^e :. ,� 5 that the insurance company for the person who t nit the lights is going _c have a private electrical contractor repair them. When will tree repair be done? Our City Council is anxious to have this work done. Hopefully it can be done bef'ore the next council meeting -Thich is February 1. If you will reply to this letter I will pass it on to them. Sincerely, �= Keith Kornelis Public Works Director ki^as KKVal DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES January 26, 1989 "� JAN 1989 . yReceiver) Keith Kornelis .,� *worksOt nDe pt Public Works Director 'Q °t City of Kenai A.I. 210 Fidalgo �" Kenai, Alaska 99611 Dear Mr. Kornelis: STEVECOWPER. GOVERNf;R CENTRAL REGION 4111 AVIATION AVENUE PO. BOX 196900 ANCHORAGE. ALASKA 99519-690C TELEX: 25-185 Thank you for the opportunity to respond to the Kenai City Councils questions concerning street maintenance. I apologize for the delay in removing snow from sidewalk areas in Kenai. We had just completed our snow haul operation in Soldotna when a snow storm and subsequent extreme cold diverted our efforts to other activities. These same conditions make it impossible to use our aerial equipment to change street lights. The street light at the high school has been contracted to City Electric. They have the pole on order and will endeavor to install as soon as possible. I anticipate completing snow haul operations in Kenai by January 30, 1989, and hopefully repair street lights shortly thereafter. Again I apologize for the delay and appreciate your patience. Sincerely, a, A. Robert A. Boyd Peninsula District Superintendent cc: Don Morfield, Maintenance and Operations Director /—` rArxcxo m�n �1,000 mnco x�co c000c�� ppuo�� OR xx/n/�Tmm cooxcz/ x/som aI. | '~ uuuu^nx z. 1*89 | OR uuuCZ. /ION: [ ~` umuuu uuscuzprmm oEvxuTMuxz uCmuui ^uocmz MISC. | . oxuuu & ucsom zmS xzuo. czo uxsuuxmcs uom'ocxAuryLmuL m`muxcL a rou m ' � ------ i' ncno cnoyx FsonoAu ucuIcxI. msuuxmcc vAu/ous uL,�uu Iusmuv,s wAz/muc oAxx of AcAsxa cu //ao/oo GLwzuxL zxsAsmo umxu mouuaY os.000.00 /�xo% TNT. ~ co uo/x, ;um/xa/ meou� /zw/m/, mumomx /m.000.uo 8.05% INT. ` ` � �. |� | � / l_ !' / . . ! � ' _ ` ` | WHITE - VENDOR GOLDENROD - ACCOUNTING CANARY - ACCOUNTING BLUE - SHIPPING & RECEIVING GREEN - APPROVED COPY PINK - REQUISITIONER PURCHASE ORDER CITY OF KENAI 210 FIDALGO ST. PHONE 283.7538 KENAI, ALASKA 99611 11933 VENDOR NO. SAHLBERG EQUIP., INC. Ordered by �i,�° TO 1702 SHIP AVE. Date ANCHORAGE, AK 99504 Contact w_ Pnone SHIP VIA: BY ie t7 ALL rr�-�.v�.. ... .... . RELATING TO THIS PUR- CHASE. No. _ Dote 01/30/89 JEUVERr DATE PREPAY SHIPPING - CHARGE FOB PER QUOTATION PURCHASES AUTHORIZED ONLY WHEN SIGNED ABOVE BY ' SEPARATE ON INVOICE THE FINANCE DIRECTOR OR HIS AUTHORIZED AGENT ITEM NO. DESCRIPTION OR ARTICLE QUANTITr ORDERED UNIT UNIT PRICE AMOUNT PARTS TO REPAIR SNOWBLOWER - VEH. NO.: AP33 $ $ 1,493.56 — STATEMENT BELOW READ OR MAILED TO VENDOR. — ✓PO is for all cost & freight to Kenai _Freight for this PO �s on PO # NO ADDITIONAL COSTS WILL BE PAID WITHOUT AUTHORIZATION & NEW PO PRIOR TO DELIVERY. TOTAL 1,493.56 ACCOUNT N MBER ::::77)qv0uRT 001.32.2023 $ 1_,493.5 DEPARTMENT SHQp BY 14 DEPA M T HEAD _ RIQIIISI'FIONS iJVFR i1.000 WHICH NEED COUNCIL APPROVAL t 01 %(.LI. 'it.1`.1'1\G UI IiBEI'ARY I, IVBO VENDOR DESCRI I'll ON NORTHWEST STRATEGIES CITY AU FOR AIASFA BUSINESS MONTHLY N.C. MACHINERY PARTS FOR ;RAD[RS ANCLE BLADE & ASSEMBLY FOR LOADER 1)1 IPARI'MEN I' I,I(IISLATIVE SHuP SHl)1' Af.000N I' PRINTING & RINUING RI PAIR N MANE. SUPPLIES I-d PAIR & MAINI. SUPPLIES AMOUNT 2,610.25 1,892.58 4.06 .54 Suggested by: City Council City of Kenai ORDINANCE NO. 1302-89 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $915,000 IN THE VIP 1989 STREET CAPITAL PROJECT. WHEREAS, the City has designed road improvements in the VIP Drive area, and WHEREAS, the City intends to assess the property owners at a rate of 120 of paving costs, and those costs will be financed from the General Fund Capital Improvement Reserve, and WHEREAS, grant monies are available to finance the unassessed portion of the project. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased <decreased> as follows: General Fund Increase Estimated Revenues: Approp. of Reserve for Capital Improvements $ 36,000.00 Increase Appropriations: Non -Dept. - Transfer to Capital Projects $ 36,000.00 VIP 1989 Street Capital Project: Increase Estimated Revenues: 1988 Road Grant #1 $200,000.00 1985 Road Grant 58,714.77 Local Service Roads & Trails 16,383.00 1986 Road Grant 500,000.00 1987 Road Grant 103,902.23 Transfer from General Fund 36,000.00 $915,000.00 Increase Appropriations: Administration $ 2,000.00 Inspection 62,000.00 Construction 775,000.00 Contingency 76,000.00 $915,000.0 1 1988 Road Design Projects: Decrease Estimated Revenues: 1985 Road Grant < 47,332.49> �986 Road Grant <109.176.62> <156,509.11> Decrease Appropriations: Administration < 11,103.61> Engineering <121,405.50> Contingency < 24,000.00> <156,509.11> PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of February, 1989. JOHN J. WILLIAMS, MAYOR ATTEST: Janet Ruotsala, City Clerk First Reading: February 1, 1989 Second Reading: February 15, 1989 Effective Date: February 15, 1989 Approved by Finance: Cg/� (1/27/89) Suggested by: City Council City of Kenai ORDINANCE NO. 1303-89 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $649,000 IN THE CANDLELIGHT/ LINWOOD DRIVE 1989 STREET CAPITAL PROJECT. WHEREAS, the City has designed road improvements in the Candlelight/ Linwood Drive area, and WHEREAS, the City intends to assess the property owners at a rate of 12% of paving costs, and those costs will be financed from the General Fund Capital Improvement Reserve, and WHEREAS, grant monies are available to finance the unassessed portion of the project. 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: Approp. of Reserve for Capital Improvements Increase Appropriations: Non -Dept. - Transfer to Capital Projects Candlelight/Linwood 1989 Street Capital Project: Increase Estimated Revenues: 1988 Road Grant #1 1986 Road Grant 1987 Road Grant 1988 Road Grnat #2 Transfer from General Fund Increase Appropriations: Administration Inspection Construction Contingency $ 60,420.00 $ 60,420.00 $200,000.00 276,658.24 96,097.77 15,823.99 60,420.00 $649,000.00 $ 2,000.00 44,000.00 550,000.00 53,000.00 $649,000.00 1 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of February, 1989. JOHN J. WILLIAMS, MAYOR ATTEST: Janet Ruotsala, City Clerk First Reading: Second Reading: Effective Date: Approved by Finance: (1/27/89) February 1, 1989 February 15, 1989 February 15, 1989 Art & Barbara Waters , 311 Kulila P1 Z .i" Kenai., AK 99611 January 25, 1988 City of K enai .' 210 Fidalgo Kenai, AK 99611 r Gentlemen and Ladies, We would like to comment on the proposed paving of the area including Candlelight Dr., Linwood Ln., Lawton Dr., Kaknu Wy., Kiana Ln., and Baker St. I do not see Dolly Varden listed as getting paved, but had heard that it would be also. Kulila PL is a small road between Kaknu Wy. and Dolly Var- den. There are only 10 homes on our street. However, we would appreciate seeing it paved. If it is not paved now, it will be one little dustbowl in the midst of all the paved roads. We just feel that it would be wises to do this now as op- posed to doing it later. About two years ago when all this was first talked about my husband and I tried to get our neighbors to sign a petition fcr the paving of our road with the stipulation that we would pay an assessment fee. At that time no one but the two of us would sign the petition. We are still willing to pay the assessment. Please consider adding K uhla to your list as you discuss this during public hearings. Thank you, Art Waters Barbara Waters � rr Suggested by: City Council City of Kenai ORDINANCE NO. 1304-89 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $273,000 IN THE EAST ALIAK/ HIGHBUSH DRIVE 1989 STREET CAPITAL PROJECT. WHEREAS, the City has designed road improvements in the East Aliak/ Highbush Drive area, and WHEREAS, the City intends to assess the property owners at a rate of 120 of paving costs, and those costs will be financed from the General Fund Capital Improvement Reserve, and WHEREAS, grant monies are available to finance the unassessed portion of the project. NOW, THEREFORE, BE IT ORDAINED :3Y THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: Approp. cf Reserve for Capital Improvements Increase Appropriations: Non -Dept. - Transfer to Capital Projects East Aliak/Highbush 1989 Street Capital Project: Increase Estimated Revenues: 1988 Road Grant #1 1986 Road Grant Transfer from General Fund Increase Appropriations: Administration Inspection Construction Contingency $ 32,760 $ 32,760 $100,000 140,240 32,760 273 000 $ 2,000 18,000 232,000 21,000 273 000 1 PASSED BY THE. COliNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of February, 1989. ATTEST: Janet Ruotsala, City Clerk JOHN J. WILLIAMS, MAYOR First Reading: Second Reading: Effective Date: Approved by Finance: _ (1/27/89) February 1, 1989 February 15, 1989 February 15, 1989 2 14 - J` a4' k, n a t 07"- �a5IL liGi K r '� cc w o� fy�, 1 ,� acS a Yq e %h e ,Como wi cy cs a 0� e z e Of.l.._./..._lI .E'h�S� _7a rIV /Cv"l-s, t J !,l7ec, _. 74-1cc[��tej, TS a 2 � fLcXes i O qsl vv e, g GyS/ooi/ Return the white and yellow copies of pep" 1 and 2 to: Alaska Oapanment of Revenue Income and Excise Audit Division P.O. Box SA Juneau, Alaska 99811-0400 Games of Chance and Contests of Skill PERMIT APPLICATION Please read the Instructions before completing this application. /./.6 1. NAME OF ORGANIZATION 5. ESTIMATED 19N GROSS RECEIPTS F.O.E. Auxiliary of Aerie #3525 $3,000.00 Mailing Address 8A. RENEWAL APPLICATION 5765 Kenai Spur Highway Most Recent Year Permit Number: Issued: 1 QRR Attach the following: City, State, Zip Code _ Kenai, AK. 99611 Ij Current Alaska membership list (must have at least 25 members) [] Copy of amendments to bylaws, if any 2. TYPE OF ORGANIZATION. 3. TYPES OF GAMES. List by com- Check one box. For definitions, mon name if other than those 8B. NEW APPLICATION see AS 05.15210 and 15 AAC listed. See AS.05.15210 and 15 105.010 030. AAC 105.110160. Number of Years Organization ❑ a Charitable ❑ a Bingo (NOTE: Bingo games Has Been in Existence in Alaska: _ ❑ tx Civic or Service must not be held more than Attach the following: 9 occasions in a calendar ❑ c Dog Mushers' Association month with no more than ❑ Current Alaska membership list (must have at least 25 members) 35 games per session or 11 Certified true copy of articles of incorporation, or if not incor- ❑ e. Fishing Derby Association I 7a b, Raffles & Lotteries porated, copy of bylaws and national and state charters ❑ Copy of IRS certificate or letter of tax exemption issued to non- f �{J f. Fraternal I ❑ c. Pull -tabs profit organizations, if applicable ❑ g• Labor ❑ d. Ice Classics ❑ Documentation showing organization has been in existence in C h. Municipality Ele. Dog Mushers' Contests Alaska three years or more L Non-profit Trade ❑ f. Fish Derbies Name and Mailing Address of National Organization (if applicable): Association ❑ g. Rain Classics ❑ j. Outboard Motor f ❑ h. Mercury Classic Association ❑ k. Police or Fire Department C i. Goose Classic and Company ❑ j. Salmon Classic ❑ 1. Political )FX k. Contests of Skill FEE. Check the appropriate box and enclose the correct amount ❑ m. Religious 1. Marksmanship7. ❑ n. Veterans r 2. Races a O 3.Other: (Specify) If gross receipts from all Then the 1988 gaming activities were: Permit Fee is: � S0-S19,999; or if you are a New Applicant .......... $ 20.00 4.ORGANIZED AS: 1 Corporation — ----- ❑$20,000 - $99,999 .............................. $ 50.00 D other ❑ $100,000 or more .......... . .................. $100,00 8. LOCAL OFFICERS (must be current, bona fide members in good standing) --' NAME TITLE 283-9103 FOR DEPARTMENT OF REVENUE USE ONLY Permit Number. Date of Issue: Financial Statement: ❑ Yes ❑ No ❑ New Date of Receipt Stamp NOTICE GAMING ACTIVITIES MAY NOT BE CONDUCTED UNTIL THE PERMIT IS ISSUED. Forth 045A3 Faye t (Rey! a'" 9. DEDICATION OF NET PROCEEDS. Before a permit can be granted, the organization must plan to use the net proceeds from gaming activities for the awarding of prizes, and for political, educational, civic, public, charitable, patriotic or religious uses in Alaska. (See instructions for specific rules on how proceeds can and cannot be spent.) In the space below, tell how your organization plans to use the net proceeds from the gaming activities. Be specific. Proceeds will be used for charities, national and local. Community projects such as library, scholorships and people with special needs. 10. PERSON IN CHARGE OF GAMES. This must be a bona fide and active member of the qualified organization, or an employee of the municipali- ty. This person is responsible for maintaining the records and preparing all the required reports. An alternate member must be designated as the responsible person during the absence of the member in charge. If more than one alternate is to be designated, attach a separate sheet. A. PRIMARY B. ALTERNATE Name Daytime Telephone No. Name Daytime Telephone Nu. Sharon C. Peterkin 283-3581 Willow Stover 283-9103 Mailing Address _36955 City State, Zip Code City,Slate,Zip Code Soldotna, AK. 99669 Soldotna, AK. 99669 11. LOCATION OF ACTIVITIES. Specify where the games will be conducted. If this location changes, you must notify both the Department of Revenue and the local government within 10 days. (For more than one location, attach a separate sheet.) Name and Street Address Fraternal Order of Eagles #3525 5765 Spur Highway Kenai, AK. 283-4938 No. i - 1 12. OPERATOR (if any). If an operator is employed to conduct the gaming activities, you must provide a copy of the contract with the operator to the Department of Revenue. You may contract with only one operator for each type of gaming activity. The memberwho has been designated above as the person in charge of the games is responsible for monitoring the operator's performance. Name of Operator Copy of Contract with Operator. None ❑' Is Attached ❑ Will be sent by certified mail no later than 15 days before the activities are conducted. 13. THESE QUESTIONS MUST BE ANSWERED. YES NO ❑ ® A. Has any person listed in 10 or 12 above ever been convicted of, in prison for, or on parole for a felony within the preceding five years? ❑ ® B. Has any person listed in 10 or 12 above ever been convicted of a crime involving theft or dishonesty, or has ever been convicted of a violation of a municipal, state, or federal gambling law? ❑ Q G Will any person listed in 10 or 12 above receive compensation of any kind from the receipts of the gaming activities? If yes, explain. % SIGNATU RE. This application must be signed by the primary person in charge of games listed in 10A above. CAUTION: A photocopied signature will not be accepted. Make sure that the original signed application is filed with the Department of Revenue. I declare under penalty of unsworn falsification that I have examined this application, including any attachment, and that to the best of my knowledge and belief it is true and complete. I understand that any false statement made on this application is punishable by law. I further declare that two copies of this application either have been or will be delivered to the nearest city or borough office for review. Signature Printed Name Date x "x+�'C Co` Sharon C . Peterkin 1 /19/8919 15. CITY OR BOROUGH RESPONSE TO APPLICATION. You must submit two copies of this application to the city or borough nearest to the loca- tion of the proposed gaming activities. To speed processing, please have the appropriate local government official Indicate, by signature below, the community's approval of or objection to the permit. CAUTION: If this section is not completed, the permit will be delayed 15 days to allow the city or borough time to respond to this application. THIS APPLICATION HAS LOCAL GOVERNMENT APPROVAL: ❑ Yes ❑ No (Attach explanation of objection) Signature of Local Government Official Title Date Printed Name of Person Who Signed Telephone No. FWM04843Page 2 (Rev. w8m NOTICE: ANY FALSE STATEMENT MADE ON THIS APPLICATION IS PUNISHABLE BYLAW. Returi the rfhtir, and yellow copies Games of Chance and Contests of Skill Alaska. I and z Department MONTE CARLO PERMIT APPLICATION Alaska Department of Revenue Income and Excise Audit Division AS 05.15AMb) PA. Box SA uneau, Alaska 99911-0400 Please read the instructions before completing this application. 1989 1. F.O.E. Auxiliaary of Aerie #3525 Mailing Address 5765 Kenai Spur Highway _ City, State, Zip Code Kenai, Alaska 99611 2. TYPE OF ORGANIZATION. Check one box. For definitions, see AS 05.15.210 and 15 AAC 105.010-.030. ❑ a. Charitable ❑ b. Civic or Service ❑ a Dog Mushers' Association d. Educational ❑ e. Fishing Derby Association XX f. Fraternal ❑ g. Labor h. Municipality ❑ i. Non-profit Trade Association ❑ j. Outboard Motor Association ❑ k. Police or Fire Department and Company ❑ I. Political ❑ m. Religious ❑ n. veterans 4.ORGANIZED AS: XX Corporation 3. EVENT SCHEDULE. During the calendar year, you may apply for either one permit for an event lasting no more than three con- secutive days, or for up to three permits for events lasting no more than one day each. A "day" is any consecutive 24-hour per- iod. You may apply for only one "event" on this application. BEGINNING ENDING DATE DATE 2-4-89 2-5-89 ACTUAL HOURS OF OPERATION 8 PM to 4:30AM 5. ESTIMATED 1989 GROSS RECEIPTS $3,000.00 6A. RENEWAL APPLICATION —� Most Recent Year Permit Number: MC88-064 Issued: 1988 Attach the following: i Current Alaska membership list (must have at least 25 members) ❑ Copy of amendments to bylaws, if any 6B. NEW APPLICATION —� Number of Years Organization Has Been in Existence in Alaska: Attach the following: ❑ Current Alaska membership list (must have at least 25 members) ❑ Certified true copy of articles of incorporation, or if not incor- porated, copy of bylaws and national and state charters ❑ Copy of IRS certificate or letter of tax exemption issued tc non- profit organizations, if applicable ❑ Documentation showing organization has been in existence in i Alaska three years or more Name and Mailing Address of National Organization (if applicable): i i 7. FEE. Check the appropriate box and enclose the correct amount If gross receipts from all Then the 1988 gaming activities were: Permit Fee is: Cal $0419,999; or if you are a New Applicant ......... $ 20.00 ❑ $20,000-$99,999 ............................. $ 50.(h) ❑ $100,000 or more ............................. $100.00 8. LOCAL OFFICERS (must be current, bona fide members in good standing) —! NAME TITLE SOCIAL SECURITY NO. DAYTIME TELEPHONE NO. Sharon C. Peterkin Bettina Brown Kathy A. Sullivan Melodee Koerber Willow Stover ❑ Other President Vice President. Treasurer Chaplain Secretary FOR DEPARTMENT OF REVENUE USE ONLY Permit Number. Date of Issue: 907-283-7581 283-7408 262-4435 283-3674 283-9103 Financial Statement: ❑ Yes ❑ No ❑ New NOTICE: GAMING ACTIVITIES MAY NOT BE CONDUCTED UNTIL THE PERMIT IS ISSUED. Form 0Id/5 Page I (Re". 101ee) PLEASE ALLOW AT LEAST THREE WEEKS FOR RECEIPT OF THE PERMIT. g. DEDICATION OF NET PROCEEDS. Before a permit can be granted, the organization must plan to use the net proceeds from gaming activities for the awarding of prizes, and for political, educational, civic, public, charitable, patriotic or religious uses in Alaska. (See instructions for specific rules on how proceeds can and cannot be spent.) In the space below, tell how your organization plans to use the net proceeds from the gaming activities. Be specific. Proceeds will be used for charities, national and local. Community projects such as library, scholorships and people with special needs. 10. PERSON IN CHARGE OF GAMES. This must be a bona fide and active member of the qualified organization, or an employee of the municipali- ty. This person is responsible for maintaining the records and preparing all the required reports. An alternate member must be designated as the responsible person during the absence of the member in charge. If more than one alternate is to be designated, attach a separate sheet. A. PRIMARY B. ALTERNATE Name k'.athy A. Sullivan Daytime Telephone No, 262-4435 Name Sharon Peterkin Daytime Telephone No. 283-7581 Mailing Address P.O. Box 3796 Social Security No. Mailing Address 36955 Hakala Rd Return the while and yellow copies of pages 1 and 2 to: Alaska Department of Revenue Income and Excise Audit Division P.O. Box SA Juneau, Alaska 99811-0400 Games of Chance and Contests of Skill PERMIT APPLICATION Please read the instructions before completing this applicat 1. NAME OF ORGANIZATION 5. ESTIMATED 1989 GROSS RECEIPTS Aq4 %" VA Mailing Address 6A. RENEWAL APPLICATION Most Recent p p„ Q 8/ Year Q Permit Number: OQ O Issued: 1479O City, State, Zip Code _ I Attach the following: K-10/�%/ I Current Alaska membership list (must have at least 25 members) a El Copy of amendments to bylaws, if any 2 TYPE OF ORGANIZATION. Check one box. For definitions, 3. TYPES OF GAMES. List by com mon name if other than those _ 6B. NEW APPLICATION see AS 05.15.210 and 15 AAC listed. See AS.05.15.210 and 15 105.010:030. AAC 105.110-.160. Number of Years Organization ❑ a Charitable ❑ a Bingo (NOTE: Bingo games Has Been in Existence in Alaska: ❑ b Civic or Service must not be held more than 9 occasions in a calendar Attach the following: ❑ c. Dog Mushers' Association month with no more than ❑ Current Alaska membership list (must have at least 25 members) I ❑ d. Educational 35 games per session or series of games.) ❑ Certified true copy of articles of incorporation, or if not incor- ❑ e. Fishing Derby Association ( b. Raffles & Lotteries porated, copy of bylaws and national and state charters ❑ Copy of IRS certificate or letter of tax exemption issued to non - I. Fraternal c. Pull -tabs profit organizations, if applicable ❑ g• Labor ❑ d. Ice Classics ❑ Documentation showing organization has been in existence in ❑ h. Municipality ❑ e. Dog Mushers' Contests Alaska three years or more ❑ i. Non-profit Trade ❑ f. Fish Derbies Name and Mailing Address of National Organization (if applicable): I Association ❑ g. Rain Classics ❑ j. Outboard Motor Association ❑ h. Mercury Classic ❑ k. Police or Fire Department ❑ i. Goose Classic and Company ❑ j. Salmon Classic I ❑ 1. Political ❑ k. Contests of Skill ❑ m. Religious 1-Marksmanship 7. FEE. Check the appropriate box and enclose the correct amount. ❑ n. Veterans ❑ 2. Races ❑ 3.Other: (Specify) If gross receipts from all Then the 1988 gaming activities were: Permit Fee is: ❑ $0-$19,999; or if you are a New Applicant ... - .... $ 20.00 4. ORGANIZED AS: Corporation ❑$20,000-$99,999 .............................. $ 50.0) ❑ Other ;K $100,000 or more ........................... . $100.D) 8. LOCAL OFFICERS (must be current, bona fide members in good standing) NAME TITLE SOCIAL SECURITY NO. DAYTIME TELEPHONE NO. (-A) 04&43 Page t (Rev. W8) NOTICE: GAMING ACTIVITIES MAY NOT BE CONDUCTED UNTIL THE PERMIT IS ISSUED. 9. DEDICATION OF NET PROCEEDS. Before a permit can be granted, the organization must plan to use the net proceeds from gaming activities for the awarding of prizes, and for political, educational, civic, public, charitable, patriotic or religious uses in Alaska. (See instructions for specific rules on how proceeds can and cannot be spent.) In the space below, tell how your organization plans to use the net proceeds from the gaming activities. Be specific. / 4 1 /c A/ A if 1• I I J l�ta�1 J J d aivl t".-cti �� I I �re N 1 )(WA/ _� N I D, el T 3 I Ar f _/ 4/ 414- r S 9r �-P Af, e 't / a. D LA 2 �� l ��1 �l% d CIO, )e M ifs/O� ✓Xll c o M _Iki - o� 'e'vr.v�� 10. PERSON IN CHARGE OF GAMES. This must be a bona fide and active member of the qualified organization, or an employee of the municipa I- ty. This person is responsible for maintaining the records and preparing all the required reports. An alternate member must be designated as the responsible person during the absence of the member in charge. If more than one alternate is to be designated, attach a separate sheet. A. PRIMARY B. ALTERNATE Name Daytime Telephone No. Name Daytime Telephone No. Mailing Address Ayr /o ,�itic Mailing Address Po �'v-A City, ZipCode �^ YIP] City, State, Zip Code ) / 11. LOCATION OF ACTIVITIES. Specify where the games will be conducted. If this location changes, you must notify both the Department of Revenue and the local government within 10 days. (For more than one location, attach a separate sheet.) Name and Street Address of Premises Daytime Telephone No. of Premises qd,) 12. OPERATOR (if any). If an operator is employed to conduct the gaming activities, you must provide a copy of the contract with the operator to the Department of Revenue. You may contract with only one operator for each type of gaming activity. The member who has been designated above as the person in charge of the games is responsible for monitoring the operator's performance. tract ❑ Is Attached ❑ Will be sent by certified mail no later than 15 days before the activities are conducted. 13. THESE QUESTIONS MUST BE ANSWERED. YES NO ❑ A. Has any person listed in 10 or 12 above ever been convicted of, in prison for, or on parole for a felony within the preceding five years? ❑ B. Has any person listed in 10 or 12 above ever been convicted of a crime involving theft or dishonesty, or has ever been convicted of a violation of a municipal, state, or federal gambling law? ❑ C. will any person listed in 10 or 12 above receive compensation of any kind from the receipts of the gaming activities? If yes, explain. 14. SIGNATURE. This application must be signed by the primary person in charge of games listed in 10A above. CAUTION: A photocop,ed signature will not be accepted. Make sure that the original signed application is filed with the Department of Revenue. declare under penalty of unsworn falsification that I have examined this application, including any attachment, and that to the best of my knowledge and belief it is true and complete. I understand that any false statement made on this application is punishable by law. I further declare that two copies of this application either have been or will be delivered to the nearest city or borough office for review. Signature Printed Name Date v 15. CITY OR BOROUGH RESPONSE TO APPLICATION. You must submit two copies of this application to the city or borough nearest to the loca- tion of the proposed gaming activities. To speed processing, please have the appropriate local government official indicate, by signature below, the community's approval of or objection to the permit. CAUTION: If this section is not completed, the permit will be delayed 15 days to allow the city or borough time to respond to this application. THIS APPLICATION HAS LOCAL GOVERNMENT APPROVAL: ❑ Yes ❑ No (Attach explanation of objection) Signature of Local Government Official Title Date Printed Name of Person Who Signed Telephone No. Form 04-643 Page 2 (Rev. 918M NOTICE: ANY FALSE STATEMENT MADE ON THIS APPLICATION IS PUNISHABLE BYLAW. Alaska Department of Revenue Games of Chance and Contests of Skill Public Services Division Calendar Year uch SA Juneau, Alaska99811-0400 MONTE CARLO PERMIT APPLICATION FEES: $20.00 due with application; 1% of entire net proceeds due with Annual Financial Statement. Please read the instructions before completing this application. 1. Name t Organizatio/r �_�f � S� � 4A. NEW APPLICATION / 1 Number of Years Organization Has Been in Existence in Alaska: _ The following must be submitted with this application: ❑ Current Alaska membership list (must have at least 25 members ❑ Certified true copy of articles of incorporation or, if not _�- Mailing Address City, State. Zip Code 2 Type of Organizatlon. (Check the appropriate box. Refer to AS 05.15.210 and 15 AAC 105.010-.100 for definitions.) incorporated, copy of bylaws and national and state Municipality J Police or Fire Department and Company charters; ❑ Copy of IRS certificate of tax exemption issued to non - Civic or Service profit organizations, if applicable. ❑ Religious Dog Mushers' Association Name and Mailing Address of National Organization tf applicable) 9 9 ( PP ❑ Charitable _l Political Fraternal _1 Non-profit Trade Association Educational _i Fishing Derby Association Li Veterans — 4B. RENEWAL APPLICATION _] Outboard Motor J Labor Association Most Recent 67 P p / Year q 9 q b b D O Permit Number: Issued�o — The following must be submitted with this application: 3 Organized as: (Check the appropriate box.) Corporation Association _ Partnership ❑ Current Alaska membership list (must have at least Firm � Company 25 members); ❑ Copy of amendments to bylaws, if any. 5. Local Officers (must be current, bona fide members in good standing) NAME TITLE DAYTIME PHONE NUMBER r41it�v - — � r S 4o 7) n?6--Z —e 74_7 _VO A/ 0 2 a t 2 s o A-) ,I cr �6� - Z7 4�D ,Z_�r _. �'v ii"�07 .27 l� so�,Z83 - 6. A municipalityTor qualified organization may apply for a permit for either a single event lasting no more than three consecutive days, Dr for no more than three events lasting no more than one day each. A day, for the purpose of this section, is defined as any consecutive 24-11our period. You may apply for only one "event" on this application. If more than one day is listed below, those dates must be consecutive. Monte Carlo activities are to be conducted as follows: DATE(S) HOURS AID (/ yoln NOTICE: GAMING ACTIVITIES MAY NOT BE CONDUCTED UNTIL THE PERMIT IS ISSUED. PLEASE ALLOW AT LEAST THREE WEEKS FOR RECEIPT OF THE — PERMIT. THE SPACE BELOW IS RESERVED FOR DEPARTMENT OF REVENUE USE ONLY. Date of Receipt Permit Number: I I Date of Issue: i i Financial Statement: ❑ Yes ❑ No i DEDICATION OF NET PROCEEDS The entire proceeds of the games shall be devoted to and disbursed in accordance with 15 AAC 105.280 Use of Dedicated Net Proceeds. (a) The dedicated net proceeds given to a qualified organization may not be used to pay any person for services rendered in connec- tion v:,ith the activities from which the funds were derived. Detailed records of all disbursements must be kept for later audit review. These must be kept with the other accounting records for a period of three years. (o; Disbursements for the promotion of the welfare and well-being of the membership means that a member may receive assistance in the form of various charitable donations, which have been approved by ;he organization's board of directors. Charitable projects which an organization may sponsor include education grants, training assistance or lob counseling, food baskets, medical or health-care assistance, charitable functions and dinners for the community, etc. The qualifications to receive the charitable donations must include a requirement that all members of the organization within the com- munity may qualify and receive the assistance. These payments mat not be devoted to organizational parties, dinners or benefits, picnics, or social functions limited to members and their families. (c) Permittees may not erect, buy or lease buildings or land for their organization with the net proceeds unless these buildings are: (1) used exclusively for educational, civic, public, or religious sjur- poses (such as hospitals, churches, schools, government buildings, or community centers); or (2) turned over to an appropriate nonprofit organization which qualifies as a tax-exempt organization under the Internal Revenue Code, Section 501(C)(3), or to a local, state or federal government. 7. 1 the space below, state the specific purposes for which the entire net proceeds are to be devoted and in what manner. 14— haVfT'f _f 113 's 4 _5-da1.4rs �s f'Lt Li A,' r Sj� < !4 f ✓f 0 JS 8. Estimated Gross Receipts A� f Sp a = 9A. Person in charge of games (Must be a bona fide and active member of permittee organization) NOTE The member in charge shall be present during the conduct of each of the specified activities stated on the permit. An alternate may be designated to conduct the authorized activities during the absence of the member in charge. NAME_ MAILING ADDRESS DAYTIME PHONE NUMBER (Primary) / ��/ -- u/ �a so „/ o /a �Ho/,v o ?Se�(/R1`,0- 9 I,,6,/ o��' %8.2.7 (Alternatef 9B. Has either erson listed in 9A above ever been convicted of a felony or gambling misdemeanor? ❑ Yes No 9C. Will either person listed in 9A above receive compensation of any kind from the receipts of the ❑ Yes No gaming activities? 10. Signature of Two Officers Required We certify under penalty of perjury that to the best of our knowledge and belief all the information on this application, including any attachments, is true, correct and complete. We understand that any false statement made on this application is punishable by law. We further certify than we have delivered two copies of this application to the nearest city or borough office for review. A� GU ITLr� 3�e'i^- eAgo." �J9 P.el6cL NOTICE: ANY FALSE STATEMENT MADE ON THIS APPLICATION IS PUNISHABLE BY LAW. 11 Under AS 05.15.030(b), an applicant for a Monte Carlo Permit must notify the law enforcement agency having jurisdiction over the location of the proposed activity. A permit can only be issued if the Statement of Approval below is completed by the appropriate law enforcement agency. STATEMENT OF APPROVAL The _ grants approval for — Name of Law Enforcement Agency Name of Organization to conduct Monte Carlo activities on the date(s) and during the hours specified on this application. APPROVED BY: Signature Date Phone Printed Name of Person Who Signed Above 04.415 Back (9184( TiflelPbsition Return the white and yellow copies of paper / and 2 to: Alaska Department of Revenue Income and Excise Audit Division P.O. Box SA Juneau, Alaska 99811-( 0 1. NAME OF ORGANIZATION Games of Chance and Contests of Skill PERMIT APPLICATION Please read the instructions before completing this application. �r,,;;I:, iJ nIV1-, t[. lxi i�CrS R�SCCI-ck+,k.: Mailing Address 1-753 City, State. Zip Code tiL5en 4 , a I9gto I I S. ESTIMATED 1989 GR DOE;, 0cE oa 1989 Most Recent Year Permit Number: s393 -1-1 y Issued: 1 9 $ Attach the following: 12"Current Alaska membership list (must have at least 25 members) 2 TYPE OF ORGANIZATION. 3. TYPES OF GAMES. List by com• El Copy of amendments to bylaws, if any Check one box. For definitions, mon name if other than those see AS 05.15.210 and 15 AAC listed. See AS.05.15.210 and 15 68. NEW APPLICATION 105.010•.030. AAC 105.110160. Number of Years Organization a Charitable C?a Bingo (NOTE: Bingo games Has Been in Existence in Alaska: El b Civic or Service must not be held more than Attach the following: 9 occasions in a calendar ❑ c. Dog Mushers' Association month with no more than ❑ Current Alaska membership list (must have at least 25 members) ❑ d. Educational 35 games per session or El Certified true copy of articles of incorporation, or if not incor- ❑ a Fishing Derby Association series of games.) �,/ LRJ b. Raffles & Lotteries porated, copy of bylaws and national and state charters ❑ Copy of IRS certificate or letter of tax exemption issued to ron- f. Fraternal [4c- Pull tabs profit organizations, if applicable g• Labor ❑ d. Ice Classics ❑ Documentation showing organization has been in existence in ❑ h. Municipality ❑ e. Dog Mushers' Contests Alaska three years or more Non-profit Trade ❑ f. Fish Derbies Name and Mailing Address of National Organization (if applicable): Association ❑ g. Rain Classics ❑ j. Outboard Motor ❑ h. Mercury Classic Association k. Police or Fire Department El i. Goose Classic and Company ❑ j. Salmon Classic ❑ I. Political ❑ k. Contests of Skill ❑ m. Religious 1. Marksmanship _ 7. FEE. Check the appropriate box and enclose the correct amount. ❑ n. veterans 0 2. Races If gross receipts from all Then the 1988 gaming activities were: Permit Feo is: 4.ORGANIZED AS: ❑ Corporation Non- PP4;+ ''Other Rssocra+-on O 3. Other: (Specify) ❑ $0•$19.999; or if you are a New Applicant .......... $ 20.00 ❑$20,000-$99,999 .............................. $ 50.00 1A$100.000 or more ............................. $100.00 8. LOCAL OFFICERS (must be current, bona fide members in good standing) NAME c •� TITLE SOCIAL SECURITY NO. DAYTIME TELEPHONE NO. e b _G. �]OI1C1S(�rl t'r`St rrl� SIoS OF REVENUE USE ONLY Date of Receipt Stamp Permit Number. Date of Issue: Financial Statement: ❑ Yes ❑ No ❑ New NOTICE: GAMING ACTIVITIES MAY NOT BE CONDUCTED UNTIL THE PERMIT IS ISSUED. r-am, 04&43 Page , mev. wm 9. DEDICATION OF NET PROCEEDS. Before a permit can be granted, the organization must plan to use the net proceeds from gaming activities for the awarding of prizes, and for political, educational, civic, public, charitable, patriotic or religious uses in Alaska. (See instructions for specific rules on how proceeds can and cannot be spent.) In the space below, tell how your organization plans to use the net proceeds from the gaming activities. Be specific. l he proceeds coin be used fo promote the wc.0 bcsolj of F6e members +o provide edAcat;onal prC9rams and 6cholarshlps, Commune �y di'viners and fcod baskets, and �o r^ various C} ar; fable donations. 10. PERSON IN CHARGE OF GAMES. This must be a bona fide and active member of the qualified organization, or an employee of the municipali- ty. This person is responsible for maintaining the records and preparing all the required reports. An alternate member must be designated as the responsible person during the absence of the member in charge. If more than one alternate is to be designated, attach a separate sheet. A. PRIMARY B. ALTERNATE Name I Daytime Telephone No. Name �helbk E. Joknson 1'1-76_'S150 , bar,dv -Tu elle Mailing Address I Social Security No. Mailing Adores5 _701`4 j5re5- State, Zip Code I C iIv. State, Zip Code j��k�skl, Hlct5 cn 9grc35 Soldo+na 0a Daytime Telephone N7 al',�- 1 -7 10 Social Security No. �) 65ku CIA to40Cl s8. LOCATION OF ACTIVITIES. Specify where the games will be conducted. If this location changes, you must notify both the Department of Revenue and the local government within 10 days. (For more than one location, attach a separate sheet.) Name and Street Address of Premises Daytime Telephone No. of Premise: !�ack -Dcor Lc)LLv)!�F, q1 spur View Hrt. R l4skt, �qcl) a83 - 7a89 12. OPERATOR (if any). If an operator is employed to conduct the gaming activities, you must provide a copy of the contract with the operator to the Department of Revenue_ You may contract with only one operator for each type of gaming activity. The member who has been designated above as the person in charge of the games is responsible for monitoring the operator's performance. Name of Operator i Copy of Contract with Operator: 7 ! _' Is Attached ❑ W ill be sent by certified mail no later than 15 days before the L activities are conducted. 13. THESE QUESTIONS MUST BE ANSWERED. YES NO ❑ Er A. Has any person listed in 10 or 12 above ever been convicted of, in prison for, or on parole for a felony within the preceding five years? ❑ ©' B. Has any person listed in 10 or 12 above ever beer, convicted of a crime involving theft or dishonesty, or has ever been convicted of a violation of a municipal, state, or federal gambling law? ❑ CSC. Will any person listed In 10 or 12 above receive compensation of any kind from the receipts of the gaming activities? If yes, explain. 14. SIGNATURE. This application must be signed by the primary person in charge of games listed in 10A above. CAUTION: A photocopied signature will not be accepted. Make sure that the original signed application is filed with the Department of Revenue. declare under penalty of unsworn falsification that I have examined this application, including any attachment, and that to the best of my knowledge and belief it is true and complete. I understand that any false statement made on this application is punishable by law. I further declare that two copies of this application either have been or will be delivered to the nearest city or borough office for review. Signature Printed Name Date X �/. l�� r ,�� r , 5ke-lby E. :yo) nson l - II -Q9 15. CITY OR BOROUG"ESP NSE TO APPLICATION. You must submit two copies of this application to the city or borough nearest to the loca- tion of the proposed gaming activities. To speed processing, please have the appropriate local government official indicate, by signature below, the community's approval of or objection to the permit. CAUTION: If this section is not completed, the permit will be delayed 15 days to allow the city or borough time to respond to this application. THIS APPLICATION HAS LOCAL GOVERNMENT APPROVAL: ❑ Yes ❑ No (Attach explanation of objection) Signature of Local Government Official Title Date Printed Name of Person Who Signed Telephone No. Form 04-"3 Page 2 (Rev. 9/am NOTICE: ANY FALSE STATEMENT MADE ON THIS APPLICATION IS PUNISHABLE BYLAW. ALASKA CONSTRUCTION 262�9213 ALASKA OIL SALES 262-4418 ALASKA STATE BANK 283-7542 ALASKA TRAVEL CACHE 283-3518 BEST TRANSIT READY MIX 262-6273 COOK INLET CONSTRUCTION 262-4641 CR A IG'S DRYWALL SPECIAL- TIES 283-3070 CREATIVE BUILDERS } 283-3886 DAVID GOODRICH CONST.* 262-1448 DAVIS BLOCK 262-5106 DICK MUELLER REALTY 283-5888 ENSTAR NATURAL GAS 262-9334 FIRST NATIONAL BANK 283-3585 FOUR D INTERIORS 262-9181 MEMBERSHIP 1/89 * Denotes Builder Members KPBA MEMBERS FREEDOM REALTY 262-1770 GLACIER CONCRETE 262-9188 HALL OU AL ITY BUILDERS 283-7012 HALL QUALITY BUILDERS (916)722-7747 HEAT ALASKA 262-9017 HERITAGE REAL ESTATE 262-5862 HOLL AND & SONS CONST. 283-4974 HOMER ELECTRIC ASSOCIATION 283-5831 INTEGRITY SURVEYS 262-9461 JAY'S PAINTING CO. 262-9429 JOHNSON & SONS INSULATION 283-9150 KENAI SUPPLY 283-7521 LAST FRONTIER INSURANCE 283-7591 MAIN EQUIPMENT 262-4153 MORO AN STEEL 283-7136 NATIONAL BANK OF ALASKA 283-7581 NATIONAL BANK OF ALASKA 262-4435 PACIFIC TELECOM, INC. 262-1202 PENINSULA FLOORING CENTER 283-3763 PENINSULA PLUMBING 262-5879 ROBINSON HOMES ; (206) 771-5470 RICE, WHITFORD, & ASSOC. 262-9011 SCHILLING CONSTRUCTION 776-8862 SOLDOTNA PRINTING 262-4600 SPENARD BUILDERS SUPPLY 283-7584 SPENARD BUILDERS SUPPLY 262-9143 TRANS ALASKA TITLE AGENCY 262-5708 TRANS ALASKA TITLE AGENCY 283-7503 UNITED BUILDING SUPPLY 262-9091 C11111�&d4� TELEPHONE (907) 586.1325 FAX 464-5480 217 SECOND STREET, SUITE 200 JU N EAU. A LASKA 99801 January 24, 1989 LEGISLATIVE ALERT - ACTION REQUESTEM! Relief from the implied liability under AS 47.37 as a result of Busby.. CONTACT THE GOVERNOR ON BUSBY!! The Governor's Office has decided to delay introducing legislation which also provides relief to Busby because of a conflict within the administration over how much relief to propose. At issue is a choice between complete immunity ("the carrot") as proposed in Senator Halford's SB 66 (which we want) and limited immunity, which would be achieved by adding a gross negligence or maliciousness test as proposed by Representative Max Gruenberg last year in CS HB 406 (HESS). The latter may continue to invite unnecessary and expensive litjgation but some think the protection or encouragement ("the stick") to meet the intent of AS 47.37 is needed. The decision as to which route to take will be made by the Governor within the week. Please contact Governor Cowper, Deputy Chief of Staff Bob Evans, or Director of Constituent Relations Laury Roberts ScandIing at 465-3500 or by P.O.M. immediately and ask them to introduce and support legislation providing complete immunity for actions taken or not taken under AS 4737. We need the support of the Governor and the Administration in order to get relief, especially in the House. Background: The Supreme Court ruled in August 1987 in Busby v. Municipalily of Anchorage that law enforcement officials have a duty to pick up individuals incapacitated by alcohol and drugs and put them in protective custody. This ruling created an implied liability for municipalities and the State and the result has been that the police may be picking up all individuals suspected of drinking and puttvzb them in sleep -off facilities, detoxification centers, or jails to avoid a lawsuit. This puts an unnecessary strain on our police departments as well as on correction facilities. Legislation correcting this situation is an AML legislative priority again this year. The Governor last year introduced HB 406 to specifically immunize municipalities and the State from any liability for actions under AS 47.37 but HB 406 did not pass. Senator Halford has introduced SB 66, which the AML supports. The bill is up for its first hearing in the Senate C&RA Committee today at 3:30 p.m. and we need to show support. If you cannot testify please contact the committee members and the Governor's Office (see above) directly and ask them for their support for complete immunity. The Senate C&RA Committee members are: Adams (Chair), Frank (Vice Chair), Pourehot, Pearce, and Szymanski. We need to move quickly on this bill and the greatest difficulty will be getting it through the House. The next Senate committee of referral for SB 66 is Judiciary. MEMOER Of THE NATIONAL LEAGUE Of CITIES ANO THE NATIONAI AQ+f V-#ATnA. nc rn- IWe 1791-1991 CITY OF KENAI 210 FIOALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907-283.3014 January 23, 1989 Sent via Teleco ier Senator Rick Halford Alaska State Legislation Pouch V Juneau, Alaska 99811 Re: Senate Bill 66 Your efforts for corrective legislation relative to the oppressive financial burden the Busby decision will have on municipalities and Busby's detrimental psychological effect on our cadre of dedicated police officers is most appreciated. As a City Attorney, who is also a former Public De -tender and criminal defense attorney, as well as a member of ANL's Legislative Committee, I have attempted to study tnis legislation objectively and have concluded that corrective legislation such as SB 66 is not only appropriate, but much neeaec. To suggest that the decision whether or not to tare an incapacitated person into custody is one to wnich civil liability should attached, is both ludicrous and demeaning to the police officer involved, as well as a slap in the face of every professional police department in the State of Alaska. Furthermore, such civil liability could well result in redlining of certain areas insofar as police activity is concerned so that the problem is not encountered, the liability alleviated, and resultant deaths and injuries, as a result of custodial arrests not taking place, multiplied. It can be anticipated that in the present economic climate such "unavailability" of police officers would be couched ostensibly in terms of "fiscal restraints," when in fact, the real reason would be fear of liability with its resultant financial burden for the governmental agency involved. Senator tic. ?ialford January 22, 1-989 Paq,e 2 Aside from the decision of whether or not to act, there seems to be concern on the part of some, that in taking affirmative action, it may be taken in a grossly negligent or malicious manner. Inclusion of a remedy for gross misconduct or malicious misconduct, is intuitive without piggybacking specific language allowing a cause of action in legislation correcting the Busby decision's burden relevant to custodial arrests. In other words, to give a specific statutory cause of action is to, in actuality, _give nothing and to take nothing away insofar as the rights of an aggrieved party are concerned. However, it seems to be in the minds of some, a proolem or sufficient maanitude to require inclusion of such language into a statute so as to perhaps warn all police officers ana remind them o= a liability that aireaav exists. It such language is perceives by police agencies as creating or elevatinq a rigat of action, it is assumea that the resraonse would be detersive in nature, wnicn may resu-Lt in an attempt to have _ess contact witn c^e very subjects cney are presently attempting co assist. It seems we have come fumy circle. T_iere was a time when Public intoxication was a cri,,,e suuject to arrest. :hen it was founa to be t isee, iiaki_q It d StdtuS ' or wn" cn Qrle Flu*- ._e S0_ Earr,tea. :dos, L. custouy due to di_seasi= or For a variety or reasons, )rotessionais are 6ei.ng put at odds with the very _people- they want to serve. We read that malpractice actions are driving doctors from practice and increasing medical 2osts. Lawvers new practice defensively and view their clients as adversaries. Let's not drive another wedge between a group whose uuty it is to serve and those in need of their assistance. Please find enclosed i=ax :,atarials received from the Alasxa Peace Officers Association in support of corrective legislation such as SB 66 which we hope you will find informative. Senator Rick Halford January -3, 1989 Page 3 Again, we thank you for your as a reasonable and rational problem for all concerned. CITY -OF KENAI / Tim o J. Mgers �- Cit. ttorney assistance in the forming of SB 66 solution to a serious and expensive TJR/clf cc: Senator Mike Szymansxi Senator Ai Adams Senator Paui E. Yiscner Representative C.E. Swackhammer Reoresentative :Mire Navarre Scott Burgess, AML Mike Daugherty, AACP Duane Udland, AACP John McKibben, AACP George iuovaky, AACP Glen Godfrey, AXIC? Richard Cummings, AACP Shirley Warner, APOA Dale Florian, APOA Steve Kaiwara, APOA John Shover, APOA, FBINAA Greg Russell, APOA Greg Hansen, APOA Terry Quarton, APOA Kevin O'Leary, F BINAA Rick Ross, FBINAA Turk Mayfield, FBINAA Dan Ansiinger, AACP, FBINNAA 6-01971, and Regional id Judiciary 1 IN THE SENATE BY HAL70RD AND KELLY 2 SENATE BILL NO. 66 3 IN THE LECI:SLATURE OF THE STATE OF ALASKA 4 SIXTEENTH LEGISLATURE - FIRST SESSION 5 A BILL 6 For an Act entitled: "An Act relating to immunity for treatment of intoxi- 7 cated persons; and providing for an effective date." 8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 9 * Section 1. AS 47.37.170(g) is repealed and reenacted to read: 10 (g) A person may not bring a:i action for damages against the it state, a municipality, officers, agents, or enpicyees of the state or 12 a rwnicipality, a peace officer, or memoers of the emergency service -� 13 patrol, based on the performance or fEilure to perform a duty imposed 14 under this section. In, this subsection "municipality" has the meaning 15 given in AS 01.:0.C60 and includes a public corporation established by 16 a municipality. 17 * Sec. 2. This Act applies to causes of action that accrue on or after 18 the effective date of this Act. 19 * Sec. 3. This Act takes e:fect immediately under i.S C6.10.070(c). SBi Poke seek relief when dealing with drun,,,,s Bill that protects law officers from liability in drunks' accidents finds state backing By DAVID POSTMAN - also support protecting public -employ- Supreme Court has not been held. Daily News reporter ees. "Now we're not talking about pe, JUNEAU — Alaska cities are asking- The bill was introduced" -if the re< `ple who make malicious decisions the legislature to protect police from quest of the Anchorage Chamber of said Anchorage Police Chief Kew liability if a drunk they decide not to Commerce's Crime Commission and O'Leary. "But we're talking aboi pick up is later injured or killed. the Alaska Municipal League, which ` somebody who makes a good fait And some law enforcement officials were concerned about a Supreme Court decision and someone else comes alor are saying that if they are not given ruling against Anchorage. and says they did the wrong thing. protection, they might start ignoring The suit had been filed by a man has a tremendous chilling effect c the drunks, resulting in more deaths .. stopped by the police after he appeared your public employees." but no liability to the police. -. ` a,.r '. ; ' ` to be drunk. But the officer decided the While bill, -drunk to take into Said Alaska Municipal League Pres "The het -result a similar wasn't enough dent Heather Flynn, House last year, the version introduced', protective custody and let him contin- municipalities are spending an inord by Senate Majority Leader Rick Hal- ue walking through downtown.. He nate amount of their resources housir ford, R-Chugiak, and Senate President ` later was hit . by a car. He sued, inebriates and they have the fear c Tim Kelly, R-Anchorage, appears to -'' claiming state law required the city to liability if they don't." have strong support. House Speaker , pick him up .and put him in custody. Sam Cotten - and Gov. Steve Cowper--_ The new trial ordered by the state Please see Back Page, DRUNK DRUNKS. Law officers seek relief Continued from Page A-t� There is no evident oppo- sition to the bill. But Flynn, an Anchorage assemblywom- an, says it's out there some- where. "There has been some con- versation in quarters that it becomes a way for munici- palities to shirk their re- sponsibilities to the poor or the minorities," Flynn said. "That is not the intent of the bill at all, but I think we ought to bring those argu- ments right on the table and talk about them." Flynn said it is not a social issue at all, merely a matter of finances. But she said there is also an "ugly underbelly" to the issue -as well — that police officers may begin to ignore drunks if they are not given protec- tion from lawsuits. In a letter to Halford, Kenai City Attorney Timo- thy Rogers said that may be what happens, freeing offi- cer of liability but increas- ing the chances the drunks may be injured or killed. "It can be anticipated that in the present economic cli- mate such `unavailability' of police officers would be couched ostensibly in terms of 'fiscal restraints,' when in fact, the real reason would be fear of liability with its resultant financial burden for the governmental agency involved," Rogers said. 1� —1 FEB 01 '89 15:16 AK MJtVICIPAL LEAGUE ST x1i P.2 Execute lkjaclamttatt bYj use (towpa, (fiuuenwr Our local communities are where Alaskans live, work and play. Article X of the Alaska Constitution provides for "maximum local self-government," establishes a system of boroughs and cities and vests all local government powers in them. Currently, 160 cities, boroughs, and unified municipalities constitute local government in Alaska. Local governments provide needed services important to the continued vitality of our communities, including education, transportation systems, water, sewer, planning, police, and fire services. The services provided by local governments are critical. to a healthy private sector. The Alaska Municipal League is an association of 123 cities, boroughs, and unified municipalities providing representation, information, and membership services to local governments in Alaska. The Board of Directors of the Alaska Municipal League, the Legislative Committee of the Alaska Municipal League, and the Alaska Conference of Mayors are meeting in Juneau January 31 - February 2, 1989. NOW, THEREFORE, 1, Steve Cowper, Governor of the State of Alaska, do hereby proclaim February 1, 1989, as: in Alaska. DATE LOCAL GOVERNMENT DAY b u #teue (lowper, Omer or, woo llan also aut4ori;eb tie SEMI of toe Otate of Ala,-ska to be affm' b to thin proclamation. M E M 0 TO: FROM: DATE: William J. Brighton, City Manager Charles A. Brown, Finance Di:rectorgoO February 1, 1989 SUBJECT: Jesse Wade/Dena'Ina Point Estates Jesse Wade wrote youya letter dated January 27, 1989. This memo is my response to his request. First, let me state his request as I interpret it. I believe that he is requesting to cancel three notes on property in Dena'Ina Point Estates, deed land back to the City, and be allowed to retain title to some portion of the land, under a partial .reconveyance clause, in return for payments that he has made. Below is a summary of transactions on the three notes. Tracts Tract Tract Total B-1 thru C-2 C-5 B-8 Sales Price 6-24-85 444,000.00 50,008.46 53,520.67 547,529.13 Down pymt 15% ( 66,600.00) ( 7,501.27) ( 8,028.10) ( 82,129.37) Amount of Note 377,400.00 42,507.19 45,492.57 465,399.76 Principal pymts thrs 1-31-89 ( 30,759.28) ( 4,389.98) ( 3,654.10) ( 38,803.36) Principal balance, 1-31-89 346,640.72 38,117.21 41, 838.47 426,596.40 The deed of trust for Tracts B-1 thru B-8 contains a partial reconveyance provision. The deeds of trust for Tract C-2 and Tract C-5 do not contain any such provisions. Principal reductions due to the down payment do not apply towards amounts necessary to release specific tracts in B-1 thru B-8. Principal reductions due to monthly payments do apply toward amounts necessary to release specific tracts in B-1 thru B-8. The partial reconveyance amounts; are: Tract B-1 for a principal reduction of $57,573.48 Tract B-2 for a principal reduction of $56,769.84 Tract B-3 for a principal reduction of $48,573.60 Tract B-4 for a principal reduction of $54,332.81 Tract B-5 for a principal reduction of $56,467.92 Tract B-6 for a principal reduct:Lon of $79,094.16 Tract B-7 for a principal reduction of $57,067.32 Tract B-8 for a principal reduction of $34,120.87 Whether or not the City should allow the notes to be cancelled is a political decision 1 cannot address. As to the question of partial reconveyances, I believe Mr. Wade is entitled to apply $30,759.28 of principal payments toward a partial reconveyance of any of the Tracts B-1 thru B-8. None of the payments made on Tracts C-2 or C-5 can be applied toward B-1 thru B-8. Also, none of the down payments on any tracts apply. Therefore, he can obtain title to any "B" tract by paying principal equal to the corresponding reconveyance amount minus $30,759.28. For example, he could obtain title to Tract B-1. by paying $26,814.20 ($57,573.48 - $30,759.28). (Note: at any given time, slightly more would have to be paid as a result of accrued interest to the payment date.) While it may be tempting to give Mr. Wade credit for other monies paid (i.e., down payment or principal paid on "C" tracts), I argue against it; it may open the door for some strange negotiations on other land sales we are involved in. any consideration of Mr. Wade's request should be based upon: Verifying that any property deeded back to the City is unencumbered. 2} Verifying that no partial reconveyances have -aken place thus far (highly unlikely, as he's not eligible yet). ) Obtaining a clearer request from the trustor, including Catherine Wade. 4) Having the iegai department review the matter. CAB j tm7 January 27, 1989 City of Kenai 210 Fidalgo St. Kenai, Alaska 99611 Attn: Bill Brighton City Manager Subject: Sec. 36 Dianna Estates Dear Sir: I have decided to submit a request to the City of Kenai, in asking for concurrence to utilize the proportional release concept in applying equity of principle payment for property title. I have also found it necessary to seek release from purchase contracts covered on Escrow Contract PK 1088-M1, Quit Claim Deed, Deed of Trust (3), Deed of Trust Notes (3), and collection agreement contract. The reason for these request is due to the down turn economy and economic hardship circumstances that make it unfeasible to continue the contracts. The purchase contract was entered into June 1985. Since then I have paid into t!e composit contract package $296,519.67. This has rendered a principle reduction of $120,932.73. I submit this for consideration at the earlist next meeting for most expedient possible relief and proportional releases. I would be happy to consider almost any mutual precieved benefit results. I have enclosed copies of referenced documents and payment records for your review. Respectfully yours Jesse S. Wade -7 - - e-/ 1791-� CITY OF „ „od ed,da 4ia4"„ 210 FIDALGO KENAI, ALASKA 99811 TELEPHONE 283 - 7535 FAX 907-283-3014 January 30, 1989 TO: Council FROM: Janet Ruotsala City Clerk �f Sue Carter called this date, the State of Alaska has officially approved a change of the Bureau name to: Kenai Bicentennial visitor's & Convention Bureau jr -NFU - / TO DO LIST JANUARY 4, 1989 KENAI CITY COUNCIL 1. J. Loper - Letter to Alcoholic Beverage Control Bd. of Non -Objection for,. Larry's Club Eadie's Frontier Club & Liquor Store One Stop Liquors Pizza Paradisos Moose Lodge #1942 jr -7,- /V F 0 - '?, CITY ve,. 62apdcd 4 210 FIDALGO KENAI, ALASKA 99811 TELEPHONE 283 - 7535 CITY OF KENAI BACKGROUND AND PERSONAL DATA - CANDIDATES FOR APPOINTMENT TO COMMITTEES AND COMMISSIONS NAME Resident of City of Kenai? How long? -'�V L/ S Mailing AddressTel. % �D Bus. Address Tel. .X�• �`�7,Z__ Presently employed by Job TitleF Name of Spouse�� Current membership in organizations: 4 5 $ Past organizational membership: �ti'``";, ,,:.. . r K� - Committees interested in: J `-�L--7�,��N�✓� �/��!'/T/�f�'T/c�it/ d�/� �'L-�N IN �' l��,M<rli�sacmot/ Sig a u r tv ----- IV F 0 --3 CITY 'q 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 s CITY OF KENAI BACKGROUND AND PERSONAL DATA - CANDIDATES FOR APPOINTMENT TO .COMMITTEES AND COMMISSIONS NAME '6f 1 Resident of City of Kenai?_ How long? 140 Mailing Address (02 [om Tel. Bus. Address.pnucx boo Presently employed by '_� tryt, N Ufl SCj'lDy� �l�"rl� •-r I' Job Title ►l — J i c"k Name of Spouse -"— Current membership A b5 L L in organizations: vtrc.� LA Past organizational membership: lnit 1 �-Q' S CL��dl�e• .. - Committees interested in: ignature KENAI P177NINSULA BOROUGH ECONOMIC DEVELOPMENT DISTRICT, INC. Board of Directors Meeting January 26, 1989 * 2:00 p.m. * 110 Willow St., Kenai A. Chairman's Opening Comments & Introduction of Guests B. Approval of Minutes from 12/15/88 C. Approval of Agenda D. Annual Meeting 1. Election of Officers 2. Amendments to the Bylaws 3. Resolution 89-1: Standing Committees 4. Motion to Rescind Non -Standing Committees: FTZ and Tourism E. Correspondence 1. Mike Lockwood- High Tech Facility 2. State of Alaska- Homeporting " 3. IRS- Exempt Status ` F. Reports 1. Chairman 2. Treasurer 3. Executive Director 4. Board of Directors G. Public Presentations 1. Bill Wason- Port Graham Project H. Projects Discussion: Directors Interaction I. Business 1. Committee Membership and Responsibilities 2. Korea/Alaska Trade Fair March 2-11 3. Resource Development Council Meeting Feb. 23-25 4. Port and Harbor Powers 5. District Interest/:Participation in Anchorage Economic Development Corp. :Projects J. Public Comments K. Board Member and Staff Comments L. Date and Time of Next Meeting, Adjournment --I--NFo - r" TO DO LIST JANUARY 18, 1989 KENAI CITY COUNCIL 1. J. Ruotsala - Send notice of non -objection to ABC regarding Katmai, The Rig, Italian Gardens 2. K. Kornelis - Contact State regarding snow removal on streets 3. K. Kornelis - Check on street lights that are out. 4. J. Ruotsala - Notify Joanne Elson of Library Comm. appointment jr —TIVF0— 6 uhly§ rMoq j (W Qomkm Smi) ao ataomdov 209C Butrovich Building, 910 Yukon Drive, Fairbanks, AK 99775 Phone (907) 474-7323, FAX: 474-5140 January 18, 1989 Attention: City and Borough Clerks Re: "Moving in Concert" conference on the future of education in Alaska March 2, 3 and 4, 1989, William A. Egan Center, Anchorage Please copy and share this note and the attached registration and event information with your Mayor and with your city and/or borough assemblies. It is earnestly hoped that your community officials will be able to attend. Copies of this material have been sent to school boards, school district superintendents and all public schools in the state, as well as state and local government officials, educational support groups and business leaders throughout the state. E 'rely,4ahtb-'nelli, Chairman, "Moving in Concert" conference Encl University of Alaska General Assembly 209C Butrovich, 910 Yukon Drive,Fairbanks, AK 99775-5620 (907) 474-7323 . promoting the best education for Alaskans' future success especially invites those active in and concerned about education to participate in "Movin a working conference designed to create a shared vision of the knowledge, abilities and skills Alaskans will need in the 21st century and to determine how we can work as partners to assure that those needs will be met. March 2, 3 and 4, 1989 William A. Egan Center, Anchorage, Alaska Forecast for the 21st Century The National Perspective -featuring - Ernest L. Boyer Keynote Speaker President, Carnegie Foundation for the Advancement of Teaching David Rockefeller, Jr. Chairman, Rockefeller Brothers Fund and Member of the Board, National Center for Education and the Economy Vera Katz Speaker, Oregon State House of Representatives Diane Berreth National Field Director, Association for Supervision and Curriculum Development The Alaskan Perspective -including invited panelists - Steve Cowper Governor, State of Alaska Donald D. O'Dowd President, University of Alaska William G. Demmert, Jr. Commissioner, Alaska Department of Education Willie Hensley Chairman, Alaska State Senate Special Committee on School Performance Barney Gottstein President, J.B. Gottstein and Company Ann McCoy President, Alaska Association of Parents and Teachers Creating aShared Vision Alaska's Future Educational Needs and How They Can Be Met --Concurrent "Vision" Tracks-- "Teaching Methods and Learning; Outcomes: Alternatives for Student Success" "Literacy and Communications: Developing Models for the Future" "Critical Thinking and Problem Solving: Ile Application of Learning to Life" "Cross-cultural Awareness and the. Development'of Values" "School's Role in the Work Place and in Economic Development" "Science and the Humanities: Balancing the Curriculum" "Education and the Public Interesc; Access, Finance and Accountability" Developing Strategies for Action: The Role and Commitment of Educational Constituencies --Concurrent "Action" Tracks -- Pre-school and Primary School Intermediate and Middle School High School Postsecondary/University Parents and Public Support Government Support Business Sector Support Framing Alaska's Blueprint for Educational Action and Sustaining it into the 21st Century --All Conferees Together-- Conference Steering Committee T h a( Q Q Ralph Gabrielli, Conference Chairman Associate Professor of Education UAF College of Rural Alaska Kathie Etulain, Associate Professor University assembly leaders began to plan this conference in September, UAS, Islands College, Sitka 1986, motivated by the following ideas: Ronald Gatterdam, Professor,.Computer Science, UAF * the education of Alaska's youth is a responsibility Bernard Segal, Professor, Health Sciences which is shared among many groups, including parents UAA and school boards, teachers and administrators Pat Ivey, Conference Coordinator, at every level from pre-school through university, government and legislative groups, educational support Executive Officer, organizations, and the business community; UA General Assembly The Conference Planning Team * each of these groups is highly committed to assure that the formal schooling of our youth is successful; The Conference Steering Committee * in these groups, we all have ideas, responsibilities, John Anttonen, Superintendent, Southwest approaches, priorities and outcome expectations to Region Schools share, discuss and understand; Peter McDowell, Visiting Associate Professor, UAS in our fostering of mutual understanding, we can Mary Francis, Superintendent, Wrangell join forces to achieve the shared vision we create and in doing so, also create a more powerful springboard City Schools for meeting the needs of individual groups; Rachel Craig, English Teacher, Kotzebue Edna MacLean, DOE * the likelihood that we will be able to provide Alaska's Jim Mansfield, UAF Admissions youth with the education that they need, and the education Ramona Suetopka-Duerre,; APU we need for them to have, increases if we work together in Carol Lee Gho, Math Teacher, Fairbanks the ensuing eleven years and beyond; Dorothy Yates, Execitive Officer, UAF * it is this joining forces to meet these educational needs Toni Kaklen Jones, DOE that will insure Alaskans' cultural integrities and Sue Wilken, State Board of Education economic stability, and the state's national prominence Bob Arnold, Senate Special Committee in the future; on School Performance Neal Brown, Physics Faculty, UAF * a forum is needed to bring the educational Darby Anderson, DOE constituencies together to identify a common core of educational purposes -- a shared agenda of educational Annie Calkins, DOE priorities -- and to determine ways to work in concert to Linda Berg -Smith, Recruiter, UAA achieve them. Susan Stitham, UA Board of Regents Robert Williams, UA Board of Regents Bob Bellmore, Teacher, Nome In a state as politically diverse and geographically dispersed as ours, a coherent long-range plan which has been developed this way becomes Special Thanks an extremely powerful tool for the advancement of education. A plan to the pre -conference planning survey such as this will allow us all to move forward together and know that respondents and all those our valued and unique concerns, needs, visions and contributions are who graciously lent their time and included in the plan. valuable insights to this effort. "Moving in Concert" has been endorsed by the University of Alaska Board of Regents and the Alaska Association of School Administrators and is supported by many educational groups throughout Alaska. Contributing co-sponsors joining with the University of Alaska General Assembly in this endeavor include: University of Alaska President Donald D. O'Dowd; Department of Education Commissioner William Demmert; UA Chancellors Lind, Behrend and ORourke and the Association for Supervision and Curriculum Development. Thursday, March 2, 1989 - 8:00-4:30pm Registration 9:00-10:15am Forecast for the 21st Century - Plenary Session - All Conferees National Perspective Keynote Speaker: Dr. Ernest L. Boyer, President The Carnegie Foundation for the Advancement of Teaching Alaskan Perspective (Invited guest panelists include) Steve Cowper, Governor, State of Alaska Donald D. O'Dowd, President, University of Alaska William G. Demmert, Jr., Commissioner, Department of Education Willie Hensley, Chairman, Alaska State Senate Special Committee on School Performance Barney Gottstein, President, J.B. Gottstein and Company Ann McCoy, President, Alaska Association of Parents and Teachers 10:15-12:30pm Creating a Shared Vision Vision Track General sessions While the conference encompasses the entire spectrum of education in Alaska, the specific vision tracks focus on areas identified in a preconference planning survey as especially important to address in visioning the future of education. For each track, a leader/resource panel will help identify the broad issues. Particpants will then shape the issues, formulate questions for track subgroup consideration and assign themselves to a track subgroup. G'Sfi(tuTn) Ia VOW(Dn Trvo t Teaching Methods and Learning Outcomes: Alternatives for Student Success Are our approaches to teaching methods and our sequencing of what is taught, and when, in the K-postsecondary continuum appropriate? Do the present structures and academic calendars of our schools represent the most effective models for schooling? What design is needed to meet the educational needs of the 21 st century? Literacy and Communication: Developing Models for the Future. While schools are currently struggling to meet the challenge of basic literacy, new technologies are re -defining the very nature of literacy for the 21 st century. What models will be effective in helping people understand, process and communicate increasing amounts of information and how can we assure that learners can gain access to these necessary skills? Critical Thinking and Problem Solving: the Application of Learning to Life The acquisition of knowledge is useless without the ability to apply it to the understanding and resolution of real -life problems. How can we most effectively help students translate knowledge into action? 12:30-1:30pm l :30-4:OOpm 4:00-4:15pm 4:15 - 6:OOpm 6:00-7:30pm Cross -Cultural Awareness and the Development of Values An understanding of, and sensitivity to, differences in people and cultures, and a strong sense of values and ethics, are essential to the development of a sane and peaceful future. What role should schools play in enhancing these qualities and insights in students? The School's Role in the Work Place and in Economic Development Have schools become too distant from the world of work? What role should the job market play in directing the educational curriculum? flow can schools work with business and government to enhance economic development? Science and the Humanities: Balancing the Curriculum Greater demand for scientists, engineers and technicians has placed pressures on schools to increase the quality and quantity of math and science teachers, course requirements and curricula. Has this eclipsed the role of humanities in the curriculum? What balance is appropriate and how can it be achieved? Education and the Public Interest: Access, Finance and Accountability The public, including parents, communities, government and business, are becoming more involved in influencing the quality and content of educational programs. As the need for accountability, assessment and adequate funding requires greater collaboration among these participants, what forums and processes will facilitate this important dialogue? Luncheon - Egan Center Guest Speaker: Diane Berreth, National Director for Field Services Association for Supervision and Curriculum Development Vision Track Subgroup Sessions The issue subgroups will meet concurrently to discuss and resolve questions raised in the vision track meetings. Break Vision Track General Sessions Subgroups will reconvene in their track groups to report discussions and to receive feedback and suggestions for further subgroup consideration. These reports will be collated and presented in working draft form at the plenary session. Vision Track Subgroup Dinner Meetings - On Your Own Subgroups will continue their dialogues and consideration of issues in the light of feedback received from the larger vision track groups. These deliberations will be finalized for presentation to the track groups on Friday morning. 7:45pm- Plenary Session - All Conferees - Presentation of preliminary track group reports for information and discussion by all conferees. 8:00-5:30 pm 8:00-9:30am 9:30-10:30am 10: 30-11:00am 11:00-12:30pm 12:30-1:30pm 1:30-3:15pm Friday, March 3,1989 Morning: Completing the Vision Registration Vision Track General Sessions Presentation of subgroup final reports and development of final vision track reports. Education and the Role of Government - All Conferees Invited guest speaker: Track Leaders Joint Report Writing Session Educational group caucuses Vera Katz, Speaker Oregon State House of Representatives Visions Final Reports - Plenary Session for All Conferees The final reports from each track group will be presented and elements melded to form the shared vision for the future of education. Lunch - On Own Afternoon: Developing Strategies for Action Action Track General Sessions The action track group format is the same as for the vision track groups, except that conferees will align themselves with the group which most closely reflects their roles in the education process. For each of the tracks below, a leader/ resource panel will focus dialogue to discuss how the vision applies to each constituency, to determine what contributions can be made to achieve the vision, and to identify what actions need to be implemented. &o1D(tU1?rn)fiq 1oalon viraoka * Pres-chool and Primary School * Intermediate and Middle School * High School * Postsecondary/University * Parent and Public Support * Government Support * Business Sector Support 3:15 - 3:30pm Break .30-5:30pm Action Track Subgroup Sessions The subgroups will develop a list of actions and identify how their contributions to implementing the vision may be strengthened and focused. 6:30pm Reception - No Host - Egan Center 7:00pm Dinner and Dancing - Egan Center Saturday, March 4, 1989 9:30 - 10:30am Education and the Economy - All Conferees Guest speaker: David Rockefeller, Jr. Chainnan, Rockefeller Brothers Fund Member of the Board National Center for Education and the Economy Framing Alaska's Blueprint for Educational Action and Sustaining It Into the 21st Century 10:30-11:30am Action Track Group General Sessions Subgroups will present their reports and discuss them. 11:30-1:00pm Lunch - On Own Action Track Leaders Joint Writing Session Track leaders will combine track actions to draft the final action plan. L00 - 3:00pm Plenary Session - All Conferees The draft action plan will be presented. Conferees will determine their commitment to the plan. 3:00 - 5:00pm Sustaining to the year 2000 - Closing Session - All Conferees The shared vision and action plans will be reviewed as elements of the blueprint for action. Conferees will formulate how, once ,initiated, the blueprint should be monitored and and sustained at all levels through the year 2000. 5:00pm Closing ceremonies This edition sponsored by: January 1989 GC1 zNr-0 - 7 Resource Development Council Box 100516, Anchorage, AK 99510 ADDRESS ",,esource Review 'raves J„ T d) Cisv of Kenai 210 F' ,da3co Congressional issues Kenai, a�< 99611 IN Alaska un er sie e ANWR in 1989 The congressional debate over oil de- velopment in the Arctic National Wildlife Refuge resumes this month as the 101 st Congress takes a new look at the heavily studied issue. Shortly after Congress reconvened in early January, Congressman Don Young introduced legislation (H.R. 49) to open ANWR's 1.5 million -acre Coastal Plain to oil and gas leasing. The Coastal Plain is considered this nation's most outstanding onshore petroleum prospect. Young's ANWR bill is identical to legis- lation he introduced in the 100th Congress. The 1988 legislation had 147 cosponsors. Both the Senate Energy and Natural Re- sources Committee and the House Mer- chant Marine and Fisheries Committee (continued on page 4) Prudhoe Bay, 65 miles west of ANWR, pro- duces about 25 percent of America's domestic oil production from only 8,200 acres. Alaska's North Slope contains about 56 million acres. The dawning of a new year ... STATE OF ALASKA ■ Existing Withdrawals ... finds much of Alaska off-limits As the new year dawns, Alaska re- mains in an economic recession, de- spite having the means and raw mater- ials to systematically diversity its eco- nomy. Compromise has put much of this vast subcontinent off-limits and out of reach. Since 1980, massive portions of this great northern state have been withdrawn from resource development and Alaskans must bear the brunt of the lost economic opportunity. 1989 will ;prove to be a critical year for Alaska. Upcoming congressional ac- tion will have wide-ranging implications on opportunities to explore for and develop natural resources from Alaska's northern arctic tundra to its southeastern coastal forest. It is ROC's hope that Congress in this year will act to preserve multiple -use opportunities on the remaining Alaska lands. RDC will work to assure that Alaska's right to develop its natural resources is upheld. Only then can Alaska broaden its economic base and enjoy the same op- portunities that other American states demand. The Alaska Pulp Corporation's Sitka mill is a major provider of jobs in the Southeast Alaska region. Reforms could spell the end to its long-term timber contract. Tongass under fire The House Interior Committee of Congress is likely to take up legisla- tion to reform logging operations in the Tongass National Forest as its first item of business, according to Congressman Don Young and various committee aides. Environmentalists expect a major re- form bill to move through the Congress quickly in 1989. If enacted into law, the bill could deal a crushing economic blow to Southeast Alaska, a region heavily depen- dent on a recovering timber industry. Last year the House approved a reform bill that would have amended both funding and harvest level targets for the nation's (continued on page 5) JOBS! Multiple Use and Resource Opportunities Do you have a resource related job? Does a family member? Do you want one? RDC works on many issues, land and management plans, draft EISs, and a host of other resource -specific subjects. What is less known is the common denominator for all these efforts — increasing the quality of life for individuals of our society. These individuals are citizens both rural and urban, family, seniors, friends, students, and all the generations to come, including the children of the pre- sent. Often, people seem to get left out of the land use picture in good-hearted, but misguided efforts to protect animals. What has happened to the human factor in resource allocations? In Alaska, the visitor industry is often given the most positive attention in land -use analysis, since much of the rigorous manage- ment in conservations units, in particular parks, is aimed at allowing people to utilize the lands for viewing, if not access. But is this enough? RDC thinks not. Visitor allowances are good, but what about consideration for the residents? More attention needs to be given to the average worker in America, including here at home. Without jobs and money to feed, house and clothe families, even the most caring person will soon become bitter over his lot in life. Without a way to make ends meet, individual self-worth tends to diminish. Without away to pursue honest endeavor, people fall into other means, the illegal and subterranean economy being a disenchanting, but real, option. A non -taxpaying option at that! It has been said that the best social welfare project is a job. This may be a less than perfect assumption, but each of us can grasp the substance of the statement. Providing a safety -net for the needy requires money, and money comes in great part from the wealth created by resource utilization and taxpaying citizens. Environmental protection is a luxury of a prosperous society, one which can afford to spend billions to protect its resources" even while exploiting resources in less -prosperous countries. In that case, not only does America find itself "exporting pollution," but also exporting jobs. In fact, if one is concerned about global prob- lems, the case can be made that there is no better place than America to develop resources. Our society has the laws and technological capability to develop resources soundly. Our people want the jobs, it is clear. The bottom -line consideration in even the most remote multiple - use land designation should be where the human factor fits in, i.e., allocation and utilization of resources for the benefit of civilization, while protecting the environment. In that light, RDC's February conference will explore the relationships between the resource sectors, the land managers, the public policy -makers and jobs for Alaska. JOBS! MultipleUse and Resource Opportunities is the theme for the February 24-25 conference to be held at the Sheraton Anchorage Hotel. Along with the All -Alaska Expo, the conference provides the forum for analysis, discussion and political change which will enable each attendee to make the most of his or her Opportunity to actively pursue their job of choice in Alaska. Resource Development Council, Inc. The Resource Development Council (RDC) is Alaska's largest privately funded nonprofit economic develop- ment organization working to develop Alaska's natural resources in an orderly manner and to create a broad - based, diversified economy while protecting and en- hancing the environment. Message from =, the Executive Director By Becky L. Gay It is a conference for the under -employed workforce, the owners and the managers of Alaska's resources and our policy -makers to come together to discuss the human factor in resource develop- ment. It is a conference to make Alaska a better place to raise a family, do business and yes — work for a living, Stand up and declare yourself proud to work, ready and willing. Attend, whether or not you are employed at present, because the job you save by helping RDC might just be your own! RDC's 9th Annual Conference on Alaska's Resources JOBS Multiple Use and Resource Opportunities for Alaska Executive Committee Osncers President .... ..... J. Shelby Stastny Vice President . ........ . Ethel H `Pete" Nelson Vice President ..... .............. .. John Forceskie Secretary ........................... Stephen Ellis Treasurer ......................... Past President Larry Laughman ....... .......... ...... Joseph Henri Executive Director St"" Becky L. Gay Public Relations Director ................ Carl Portman Member Services Director ............ Anne M. Bradley Projects Coordinator ..... . .......... Debbie Remwand Staff Assistant ...... ............... Kimberly R. Duke Page 2 / RESOURCE REVIEW / January 1989 February 24-25, 1989 Sheraton Anchorage Hotel Resource Review is the official monthly publication of the Resource Development Council, Box 100516, An- chorage, Alaska 99510 — (907) 276-0700 The RDC business office is located at 807 G Street, Suite 200, Anchorage. Material in the publication may be reprinted without permission provided appropriate credit is given. Carl Portman Editor & Advertising Manager Golden Goose hunting season begins Thoughts from the President by J. Shelby Stastny In case you haven't noticed, it's goose hunting season again. Not to be confused with duck hunting season which traditionally begins about September 1 of each year. the season for bagging that wily golden goose begins for certain members of our Legisla- ture and their administration counterparts about the second week of January. Each year they attempt to extract more of those golden eggs through wringing the goose's neck or even performing major surgery to extract them right from the source. It seems that our leaders did not read the same literature we did as youngsters or didn't learn the same lessons we learned from the reading. This year, as the last couple of years, those intrepid hunters in Juneau are creeping around, scalpel in hand, to extract the gold by doing major surgery on the Economic Limit Factor or "ELF." It seems to not matter that Alaska needs a healthy goose to continue to provide the golden eggs. Nor does it matter that the public though they are continually trying to fill by their dangerous extractive methods have an insatiable ability to consume whatever gold could be extracted. The voice of reason has yet to permeate those nallowed halls. The voice that will say "wait a minute, if gyve want a healthy goose .o provide golden eggs for us well into the future, wouldn't it be better if we nurtured it and encouraged it? Wouldn't it be better if we used this time to examine areas we are using the gold that really could be cut back? Rather than critically injure our golden friend, wouldn't this be a good time to examine our public payroll and benefit package and make it more it line with private enter- prise?" Not even a healthy golden goose is going to be able to keep up with the retirement and health insurance benefits which we have conferred upon our employees (not to mention ourselves). Rather than risk the health of our benefactor, wouldn't we be wiser to determine which programs passed in times of plenty are no longer necessary (or even desireable)? A stable policy of taxation just makes good sense. The FLF concept made good sense when it was developed and it makes good sense now. Productive members of the Alaskan economy need to be encouraged to increase their production. Contrary to the feelings of some individuals, including members of the legisla- ture and administration, it is not "bad" to have a profit motive or even to earn a profit. In order for all Alaskans to enjoy the benefits of our vast natural resource wealth, we must encourage those with the tools of production to invest here rather than somewhere else where the business climate and profit potential are greater. If the state reneges and changes the ELF, will the oil companies continue to operate in Alaska? Absolutely! Will they change their investment strategy? I don't work for an oil company, so I have no inside knowledge; however, as a business advisor and tax advisor, I am certain that when various projects are considered, profitability and the degree of risk are the most important factors in determining which one will go forward. Increased taxes will certainly add to the costs of doing business in Alaska, which could mean that projects Outside may get the investment dollars. More important is the necessity of factoring our unstable taxation policy in the risk portion of the analysis, which certainly tips the balance even further away from an investment in Alaska. The State of Alaska has a history of unstable tax policies In the early seventies. when oil companies were making only small profits in Alaska, the state insisted businesses that operated both in and out of the state report their corporate income using the unitary method of accounting (which had the effect of bringing income from outside of Alaska to be taxed in Alaska). As a prudent tax advisor, I explained to the administration that while this policy may lead to increased taxes now, they would suffer a much greater loss of revenues in the future when income from oil flowing in Alaska was replaced by less profitable projects outside through the unitary formula. Little did I know (and later found out) that their intention all along was to change the rules then and require c:irect accounting — sort of a have -your -cake -and -eat -it -too tax police — or is it called kill the goose that laid ... you know the rest. launches legislative work plan by Debbie Reinwand Economic diversification, resource development and jobs. All these and more were promised by the candidates in the 1988 election. During the next two years, the mem- bers of the 16th Alaska Legislature will work to fulfill cam- paign promises. For its part, RDC will be in the capital city informing legislators, backing positive resource development legisla- tion, and making sure priority bills keep moving through the often -lengthy process. From all indications, RDC's 1989 legislative agenda will be well -received by lawmakers. At a mid -December forum, RDC hosted Senate President Tim Kelly, and then -House Majority Leader Max Gruenberg. Both leaders had positive observations about the seven major issues RDC is pushing this year, and indicated it would be a good session for responsible resource development. "We all know we have to look for new revenue sources and encourage new opportunities," Kelly said. Several RDC issues such as lead -agency permitting and mariculture should see some action this year, accord- ing to the two leaders. RDC board members participated in a two-day meeting in Juneau during the first week of the session to meet with Governor Steve Cowper and key lawmakers to inform them about the RDC 1989 agenda, and offer assistance as the session progresses. Heading RDC's legislative work plan is the passage of a bill that would appropriate $1.5 million for a national public relations campaign aimed at educating and inform- ing Americans about the potential for ANWR, and to con- vince Congress to open the Coastal Plain. House Speaker Sam Cotten, D-Eagle River, has introduced a bill to ac- complish that goal, and a similar measure is expected in (Continued on page 9) January 1989 / RESOURCE REVIEW / Page 3 fie part of ANWR being considered for oil and gas development — the 1002 w" %0i = %4 area — represents 8% of the total wildlife rehige. However, 47% is already designated Wilderness. . ��+y; �a ♦ - RZ -`!1- _ 's .♦ it ANWR Congressional debate resumes (continued from cover) adopted bills which would allow environ- Interior Secretary Donald Hodel's posi- mentally-sound development. tion supporting ANWR development is not However, the issue was held up by the expected to change under the George House Interior and Insular Affairs Commit- Bush administration which has nominated tee. development advocate Manuel Lujan of Page 4 1 RESOURCE REVIEW / January 1989 New Mexico to be the new Interior Secret- ary. In 1989, the hottest battles are exr id to be centered around the House Ir. or Committee where Chairman Morris Udall has already introduced a new bill declaring the Coastal Plain Wilderness. "We made significant progress on ANWR legislation last session and I'm confident the House will move an ANWR development bill this Congress." —Congressman Don Young Nearly half of ANWR's 19 million acres is already closed to development under a Wilderess designation. When combined to similarly manage lands within the refuge, some 92 percent of ANWR is off-limits to development. The part of ANWR being considered development — the 1002 area --- repre- sents 8 percent of the wildlife refuge. Under a full leasing scenario and assuming de- velopment of three major prospects, pet- roleum operations would affect less than 15,000 of ANWR's 19 million acres — less than one -tenth of one percent of the refuge. Yet up to 25 percent of America's ciomestic oil production could be derived from this small stretch of coastal land well north of the Arctic Circle. Young believes that prospects are good for a development bill to clear Congress later this year because this is not an elec- tion year. "This is shaping up well," Young said, noting the support his bill has from House Speaker Jim Wright. "My ANWR legislation is a pure leasing bill which would allow for the leasing of the Coastal Plain with environmental protec- tions," said Young. "We made significant progress on ANWR legislation last session, and I'm confident the House will rrrove an ANWR development bill this Congress." In a report to Congress. the Interior De- partment stated that the impacts o-1 explo- ration and development on wildlife re- sources would be minor or negligible. Fed- eral, state and local regulations and the industry's own standards and procedures have prevented major pollution problem. from developing at Prudhoe Bay. Industry and the State of Alaska believe these safeguards, along with new ad- vances in arctic oil development, would protect the ANWR Coastal Plain if nil oper- ations are permitted there. despite the land withdrawal settlement onc Ttass refors made in 1980. The annual funding, loggers contend, is a subsidy for Wilderness — compensation for timber lost to Wilderness. The level of funding would not be necessary had the 100 lon 1989 1.7 million acres of commercial fores! land remained in multiple use. continued from cover Of the 16.7 million acres comprising the Tongass, 5.7 million acres are considered largest national forest. However, the Se- Conservation Act of 1980 (ANILCA) set "commercial" forests, lands which are nate Energy Committee deferred action aside some 5.4 million acres of the national biologically suited for growing and harvest - late last year on the Tongass reform bill. forest into Wilderness, barely leaving ing timber in a continuous cycle. Wilder- rhe Committee will no doubt take a close enough timber for the forest industry which ness areas contain about 1.7 million acres look at the issue this year. depends on the Tongass for its timber sup- (30%) of this commercial forest. Another "This will be a tough fight," Young said ply. Congress compromised and balanced 2.3 million acres (40%) of the commercial of the upcoming Tongass show down. "My the measure by writing a guarantee into forest land is not available for timber har- job will be to try to kill the reform bill or the bill that the Forest Service would offer vesting for non-Wildemess reasons. The amend ft." at least 4.5 billion board feet of timber per final 1.7 million acres (300/6) is the commer- Meanwhile, environmentalists will con- decade from the commercial forest land re- cial forest land available for harvesting. AI- tinue to pursue the wide ranging reforms maining in the timber base. The Act also though open to logging, this small portion with the added punch of increasing the added $12 million to the regular budget for of the forest is strictly regulated with rnany number of areas covered by a logging managing the Tongass to access and areas preserved for the viewing pleasure moratorium in the Tongass. Another provi- utilize lower grade logs after the withdrawal of boaters, kayakers, and terry and cruise ,ion would cancel the 50-year contracts of 1.7 million acres of prime commercial ship passengers. that Louisiana Pacific Corp., and Alaska forest land into Wilderness. Although about 1.7 million acres of the Pulp Corp., have to log Tongass timber. These malor provisions of ANILCA are 16.7 million -acre Tongass are programmed The Alaska National Interest Lands now unoer fire by environmental groups, for harvest, only about one percent of that 1.7 million acres is scheduled for harvest in any given year. At the end of the first j 100 year rotation, the same acres will be ready for harvest a second time. s Because timber areas are being acces sed for the first time, the cost of logging in ass National Forest w. � � ; � Alaska is much higher than elsewhere. In ommerciai For�lst Lands this initial entry, the high costs of the roads n:, 5.4 fTNlllOtl, eS are charged against the amount of timber �< W ope 1,2 n en up fishing and recreational areas for residents and visitors. In addition, programs ranging from re- 40% 30% creational enhancement and wildlife 71�► studies to public information and fish ladder ' 23 million acres Wilderness construction are counted against timber re- ` dosed t0 logging 1.7 million acres venues. Ignored, however, is the total lack of revenue derived from the massive Wild - for reasons other closed to logging erness areas and its users. than widemess The timber industry is a major element 30% of the Southeast Alaska economy. The in- dustry has recovered from a six year de- pression and is reaching new heights in 1.7 million 1 production and employment. Logging ac- { acres opened to logging under Strict counts for 9,000 direct and indirect year- g; , :;.... ++ round jobs in Southeast Alaska. regulation �, �. w. Timber harvesting has occurred for some two generations in the Tongass. / Evolving forest management practices en- } sure strict regulation of logging operations. As a result, deer harvests have more than tripled in just five years and salmon liar - vests have climbed, indicating that logging and fish and wildlife are compatible under modern forest management practices. Of the 16.7 million acres comprising the Tongass, 5.7 million acres are considered 'com- The Tongass reform bills before Cron- 7iercial"forests. Wilderness areas contain about 1. 7 million acres or 30% of the commercial gress would eliminate the balanced timber forest. Another 2.3 million acres or 40% of the commercial forest is closed to logging for management provisions of the 1980 agree - a variety of reasons, including wildlife and fish habitat protection. The final 1.7 million mentwhile leaving the Wilderness designa- acres is the commercial forest available for logging under strict regulation with areas tion intact. This would have a devastating preserved for the viewing pleasure of boaters, kayakers and cruise ship passengers. Only effect on the forest industry in Southeast one percent of that 1.7 million acres is scheduled for harvest in any given year. At the Alaska and the regional economy, as well end of the first 100-year rotation, the same acres willbe ready for harvest a second time. as gutting the original compromise. January 1989 / RESOURCE REVIEW / Page 5 Forest Practices Act review underway Industry offers perspectives Three state agencies have joined together to review the state's Forest Practices Act, which governs the way timber is harvested on state. municipal and private land. The review will be conducted by a thirteen -member group repre- senting agencies and organizations with particu- lar interests and concerns regarding timber har- vesting in Alaska. At its first two meetings, the review committee identified issues, established two working groups to focus on potential problems with the Act, adopted ground rules and set a meeting schedule through mid -February. The state's three resource agencies — the Departments of Natural Resources, Fish and Game. and Environmental Conservation formed the review committee, which is made up of rep- resentatives of forest owners and operators and five representatives of public resource users at- fected by forest practices, including fishing and environmental groups. The Forest Practices Act review began at the direction of Governor Steve Cowper in response to concerns that the state's forest practices law does not provide appropriate protection for fisheries and other public resources on private lands. Environmental and fishing groups have been the prime movers behind the movement to man- date legislative changes to the Act. These groups have been highly critical of Alaska's log- ging industry and have opposed a state plan to open Susitna Valley timber to loggers. There is an overwhelming consensus among leaders of Alaska's timber industry that wide- spread changes to the Act could inhibit develop- ment of a wood products industry in Alaska, thereby dealing a blow to economic diversifica- tion and job creation. In a letter to the Department of Natural Re- sources, RDC said the process to revise the Forest Practices Act merely gives the groups a new vehicle to advance their overtly non - development agenda. The review committee will operate by unan- imous consent through a mediation process. The state contracted with a two -person mediation team to work with the Committee: Jim Waldo and Frank Gaffney of the Northwest Renewable Resources Center in Seattle, Washington. Waldo and Gaffney directed a similar review pro- cess recently for Washington State. Among a number of issues discussed in the first two meetings were riparian management practices, wildlife protection, viewshed preserva- bon, allowable cuts, private land buffers, water quality, old growth, clear cuts, reforestation, road construction, Best Management Practices and the public process. In brief, here is industry's perspectives on these issues: Riparian Management: Industry recognizes the importance of riparian management and has taken steps to meet its objectives, which are to (t) protect stream banks, (2) provide sources of woody debris for fish habitat and food supply, (3) provide shade, (4) act as a filter to remove sediment from surface water runoff. Riparian The Forest Practices Act regulates timber harvesting, thereby greatly influencing operating costs of timber operations, the ability of the resource to compete in the world markets and the net stumpage value of timber to the landowner. management practices should be based on site specific conditions as evaluated in the field and based on scientific fact, not conjecture. The in- dustry currently spends millions of dollars annu- ally to meet riparian management concerns. If industry is expected to spend additional funds or forego revenues, then it should be compen- sated by the State for such things as large leave strips. Wildlife protection: The retention of timber suitable for wildlife habitat already occurs be- cause substantial components of private and public forest land is not economically operable. The requirement to retain additional timber for wildlife must have supporting justification includ- ing evidence that existing retained timber is in- adequate to provide wildlife habitat, and the ad- ditional habitat is required to support some just- itiable population level. Since land management objectives on public land and private land are very different, private landowners should not be forced to manage their land exactly the same as public land unless that landowner is compensated. Water Quality: The current provisions in the FPA are adequate to protect water quality. Until field investigations of current practices and their effectiveness in protecting water quality occurs, it is premature to amend current practices. Viewsheds: On public lands, this is addres- sed through the planning process. On private lands that approach is not appropriate because it clearly amounts to the "taking" of property with- out compensation. Industry recommends that it be dropped. Allowable Cut: Clearly related to ownership, allowable cuts should be strictly limited to public lands and deleted from review consideration on private lands. There are insufficient amounts of land available to many private landowners to economically permit a harvest at an allowable cut rate. If state and federal governments were to increase their offerings of timber, perhaps a longer -term sustainable operation could be achieved in select areas. Old Growth: Much of the old growth is prc tested through Wilderness withdrawals and other land allocations on state lands. On private lands, the timber is the property of the timber owner. If the advocates objectives are to retain a particular type of ecosystem, the suggested forum would be through the various public forest plans which attempt to balance multiple use ob- jectives on public lands. Another alternative would be to purchase those trees from the owner. Private Land Buffers: Since this issue is of land planning, not forest practices, it should be addressed through state forest management and timber sale planning. Best Management Practices: BMP needs to be reviewed to incorporate new information now available. This should include only scienti- fically -validated data, not opinion. Public Process: The extent of the public iaro- cess with regard to private lands should go no further than the review of the FPA. Individual operations should not be subject to public re- view. The current process allows for adequate public input in many formal and informal ways. Clear Cuts: The size and location of harvest- ing units is a function of the landowner's man- agement objectives. On private lands, clear cut sizes should be up to the private owner. If the state wishes to restrict the size and location of these harvesting units, it should compensate the private landowner for any financial losses. Reforestation: Alaska should have a strong reforestation program. There has not been adequate funding for reforestation of state lands in the Interior and Southcentral. Reforestation occurs naturally in Southeast. Road Construction/Stream Crossing: The crossings are adequately regulated by ADFG and DNR. Definition of deficiencies of current system need to be defined. Page 6 / RESOURCE REVIEW / January 1989 Canadian silviculturist, said Alaska could become a world model of forest management. Developing Alaska's Interior forests Alaska could develop its forest and wood products into a multi -billion dollar in- dustry annually, but a combativeness on the part of government toward business frustrates efforts to broaden Alaska's eco- nomy, according to Joe Henri, President of the Resource Development Council Edu- cation Foundation. Opening the Foundation's two-day con- ference on boreal forest development last month, Henri said one may not be so sur- ,rised about such an attitude in a state like iew York, "where government land com- prises less than one percent of the whole." But, Henri asked, "how sensible or produc- tive is this antithetical, carping, harassing behavior in a place where government owns everything?" Before Alaska can develop its vast northern forest and derive substantial economic benefits from it like Finland and Canada has over the past decade, Henri said the access roads, bridges, rail exten- sions, port facilities and other essential public works must be built. "In truth, we have no plans, no pro- grams," Henri said. "We muddle along; we peer into the crystal ball, trying to divine higher oil prices." The University of Alaska joined the RDC Education Foundation in sponsoring the conference, attended by some 150 people from throughout Southcentral and Interior Alaska. Forestry experts from across the U.S. and Canada spoke at the event, de- signed to guide the way and set an example of how to run profitable wood operations in northern -latitude forests without detriment to the environment. In a videotaped presentation, Governor Steve Cowper expressed state support for the timber industry. "Alaska is America's boreal forest," owper said. "We have the opportunity to show the country and the world what forest development can do." Mayor Robert Trail of Dawson Creek, British Columbia said his community and several others in northern Canada have prospered under modern forest manage- ment. Louisiana-Pacific Corporation recently built a S40 million plant in Dawson Creek, employing 150 people directly and several hundred indirectly. The plant resulted in a major reduction of the region's unemploy- ment rate, especially among the young. "This establishment of a new forest in- dustry was the beginning for Dawson Creek," said Trail. "There are now propos- als for two more waferboard plants and two pulp mills all utilizing aspen," Trail said. "We have also been able to attract much interest in other industries such as chopstick man- ufacturing and prefabricated homes due to the original Louisiana-Pacific plant in Daw- son." When development comes to Alaska's boreal forest, policies and mechanisms for making timber available should already be in place, according to Perry Hagenstein, a natural resources consultant from Way- land, Massachusetts. He said the develop- ment of industrial infrastructure for the lumber and woodpulp industries in Alaska deserves at least equal attention to that assigned to developing the forest itself. Lloyd Irland, President of the Irland Group in Augusta, Maine, said Maine's northern forest does share a good deal in common with Alaska's, but there are many differences as well. Irland said the most striking is that Maine has seen a long-term historic balance emerge between private management for timber and public uses for wildlife, fish and recreation. The biggest dif- ference, Irland noted, is that timber harvest- ing over the landscape is a fully accepted practice in Maine while in Interior Alaska it is not. Can Alaska learn anything from the Maine experience? Irland believes it can. He suggested that an Alaskan effort at timber development start slowly and build research and trust. He also recommended an explicit, planned learning posture to- ward multiple -use forest development. "We cannot afford the luxury of dividing our landscape into two portions — huge areas of Wilderness abutted by fertilized energy plantations and hydroponic gar- dens," Irland said. Nick Saltarelli, a silviculturist with Abitibi - Price of Iroquois Falls, Ontario, urged Alaska to develop effective silviculture strategies in route to making the state a world model of forest management. Dr. Peter Koch, President of Wood Sci- ence Laboratory of Corvallis, Montana, ad- dressed the utilization of small diameter timber in a conceptual integrated wood products plant somewhere north of Anchor- age on the Alaska Railroad. Koch said the plant would use timber from state lands adjacent to existing road- ways. Exclusive of harvesting and replant- ing operations, which would be done !cy contract, the model plant would employ 60 people, require about $6 million in capiral and have annual sales of about $6 million One of the problems associated w th such a project is the assurance of a suifi- cient and continuing wood supply for eifi- cient large-scale operations competitive in world markets, Koch said. "Until Alaska timber stand densities and accessibility can be increased through long-term management, harvesting of the low -density and scattered existing stands will be costlier than harvesting the more intensively managed boreal timberlands of Scandinavia," Koch said. Another conference speaker, Gaston Maiiette, President of the Waferboard Cor- poration in Timmons, Ontario, outlined how his family rebuilt a small sawmill, which had been destroyed by fire, into a multi -hundred million dollar industry that includes an 0- tegrated sawmill, an oriented strand -board plant, a medium density fiber board plant and a paper mill. (Continued on page 9) January 1989 / RESOURCE REVIEW / Page 7 Hatcher Pass RDC expresses support for new resort The Resource Development Council expressed its strong sup- port for the proposed development of a major international ski resort at Hatcher Pass in comments recently filed on a state draft evaluation of the project. RDC has been working with the state Department of Natural Resources to review plans for the resort and provide input on the Hatcher Pass Management Plan amendment proposal. Randy Goodrich, RDC's Tourism Division Director, has been appointed to the Hatcher Pass Citizen Advisory Committee to represent economic development and tourism interests on this committee. The State of Alaska owns most of the land in the Hatcher Pass area. The Hatcher Pass Management Plan allows for a downhill ski area on about 3,000 acres of land known as Sector A. After the plan was approved, the state invited private companies to bid on the right to develop the site. The state later found that potential bidders wanted the size of the lease area to be increased to accommodate an international resort. The state increased the lease area to 11,000 acres, which includes an 8,000 acre parcel known as Sector B. The development rights in Sector B are conditional upon compatibility with the man- agement plan or approval of an amendment to the plan that allows a ski resort. Mitsui, a large Japanese trading company which holds a lease agreement on the land, is slated to present a conceptual plan by January 30, The Hatcher Pass project would accommodate diverse needs of different types of visitors. The resort would provide a visitor destination -type complex that is an essential element in building a solid foundation from which Alaska's tourism industry can grow and flourish. The resort would help expand off-season recreation and help transform Alaska's visitor industry into a strong year-round generator of wealth. RDC noted that the draft project evaluation points out a number of so-called "negative" impacts could occur as a result of the de- velopment. However, the report notes that various measures to help offset or mitigate any negative consequences are available. Many of the "red flags" raised by those active in the planning process can be resolved through the permitting and oversight pro- cess and by enforcing existing regulations. RDC's comments focused on a number of points, including water quantity and quality, wildlife and fish, geology and avalanche concerns, mining and commercial tourism and backcountry use conflicts. RDC strongly supported the Sector B addition, noting that the larger parcel of land could play a significant role in harnessing more adequate water supplies for the resort. Sector B would also provide more suitable soils for waste water absorption systems to minimize or eliminate potential water quality problems. The addi- tional acreage of Sector B would also mitigate avalanche danger and provide more alternatives for proper siting in geologically - sound areas. Unlike Sector A, the larger parcel provides flexibility and lends more to a convenient and functional contiguous site. There has been some concern expressed by backcountry users that the scale of development would lead to unattractive conse- quences for those seeking solitude. However, RDC pointed out the project would enhance the recreation potential of the area. Backcountry users, even those demanding solitude, will benefit from improvements to roads and other facilities. Ski lifts would also provide easier and quicker backcountry access and open nee remote areas for the backcountry user. (Continued on page 9) Telecommunications —a vital resource Guest Opinion by Ronald A. Duncan GCI Today almost all of Alaska is served by microwave and satellite systems linking rural Alaska to the urban areas and those in turn to the outside world. This communication system is a man-made resource every bit as vital to the state's economy and survival as any of our natural resources. As with many natural resources, market place competition has played a major role in the development of the Alaska network in the past and will continue to be a primary factor in meeting Alaska's future needs. Competitive forces have worked from both within and outside of Alaska to shape today's telecommunication systems. In 1969 RCA Alascom purchased the Alaska Communication System from the military. By 1975, the State of Alaska applied to build and operate its own small earth station system. The competition from the state resulted in a negotiated agreement providing service to rural Alaska. Competitive forces in the Lower 48 have also forced develop- ment and expansion of the Alaska telecommunication system. Page 8 / RESOURCE REVIEW / January 1989 Starting in the 1960s and accelerating through the 1970s rapid technological change made new and cheaper communication ser- vices available to large commercial users even in Alaska. These users had effective choices and their rates went down. At first the federal regulators — the FCC — and the existing monopolist — AT&T — resisted the idea of competition; but. as is the case today, innovation and the development of new technology were too powerful to stop. In the late 1970s the FCC recognized that the only way to effectively harness the benefits of new technol- ogy was through a competitive structure for the entire communica- tion industry. A similar scenario occurred here in our state. Prior to and even after GCI entered the market, other carriers opposed competition. claiming that the 49th State was a special case and competition would raise rates to rural areas and lower the quality of service. However, since GCI entered the market, rates have continued to come down for all Alaskans. Both GCI and Alascom have adopted new and more efficient technologies, and the number of bush locations with telephone service has continued to expand. Forty-five states have already adopted competitive structures consistent with the national system. Those who contend that Alaska is a special case are right. With our vast geography, communication is simply too vital to be left solely in the hands of one provider. The lessons of the interstate market are clear. Competition provides the right incentive for innovative and responsive service. We can invite the benefits of competition to in -state services while protect- ing service and rates to the bush. All we need is a little vision on the part of our public utilities commission and legislature to continue to build a resource that will take us into the twenty-first century and beyond. Legislative priorities ... ('continued from page 3) the Senate. RDC hopes to push that bill through in the first 60 days of the session in order to allow the money to be used to irfluence the current Congress. Although the straightforward bill does not outline potential uses for the money, among the ideas being debated are to send well-spoken Alaskans to meet with editorial boards in key cities; to implement PR campaigns in areas where public opinion is anti-ANWR; and to better inform Congress of the importance of opening ANWR to exploration and develop- ment. In addition, RDC is supporting forest management agreement legislation again. This year, a variety of groups have worked long and hard on the bill, and there appears to be agreement between larger companies and the small loggers. The bill will allow long-term renewable contracts based on performance and provides industry incentives for forest management, from harvesting to re -planting. Legislative leaders have indicated that on the mariculture front, there isn't much chance the moratorium will be lifted, but most endorse funding the Fin Fish Task Force — an appropriation RDC will be backing. Continuing its ongoing position in support of stable taxation of the oil and gas industry, RDC will advocate there be no changes to current law. In addition, the Council will pursue development policies and incentives which will encourage new exploration and development. Several legislators from both the Democratic: and Republican parties have indicated they are interested in drafting incentives to do just that. Working in concert with Alaska miners, RDC will back legislation that establishes a rent/royalty structure that encourages mineral development. This so-called 6(i) issue will likely be discussed in detail by legislators as they search for ways to assist Alaska miners while complying with the law. A multiple use bill, similar to the one debated by the 15th Alaska Legislature, has been introduced this year. With jobs and multiple use the theme of its 1989 international conference, RDC plans to work hard to see that the statutory definition of multiple use is broadened to ensure opportunity on Alaska lands. And finally, RDC will ask lawmakers to consider a resolution to Congress, asking that there be no more federal Wilderness desig- nations in Alaska. The Alaska Land Use Council has supported this position, and RDC has filed official opposition to further Wilder- ness designations on federal land here. A draft resolution is cur- rently being circulated. As always, RDC staff and board members will be actively test- ifying on resource and economic development issues, and will he in close contact with key legislators in Juneau. With a renewed emphasis on economic diversification, legislators are predicting it should be a good session for sound resource development laws to be approved. RDC President Shelby Stastny, a member of the group which flew to Juneau to meet with lawmakers January 12 and 13, believes the group's 1989 agenda will meet with success. "Now, more than ever, Alaska legislators are embracing positive and productive resource development proposals. The time to enact legal changes to remove barriers to development is now. We will be putting our energy and ideas into the legislative process to ensure that our agenda is debated, approved and ultimately, put into action," Stastny said. Boreal Forest.. . (continued from page 7) The RDC Education Foundation has published proceedings of the conference. The report features the presentations of 23 confer- ence speakers. This useful reference document can be ordered by mailing a check in the amount of $12 to the RDC Education Foundation, Inc., 807 G Street, Suite 200, Anchorage, Alaska 99501, In her book entitled Cities and the Wealth of Nations, noted economist Jane Jacobs contends that strategies to stimulate economic development should focus on towns and cities. Accord- ing to her theory, the local economy is strengthened each time a good or service, previously imported, is provided locally. This phenomenon, called import substitution, strengthens the local eco- nomy as more money circulates in the economy and the multiplier effect of each dollar is increased. RDC agrees with Jane Jacob's theory. It's one of the reasons RDC has made community members the primary focus of our economic development efforts. Alaska, probably more than any other state, relies on imported goods and services. However. there is a growing recognition that "buying Alaskan" stimulates the local econcmv and benetits all Alaskans. RDC believes that sound and sensible resource development has always been and continues to be the best way for Alaska to achieve the needed economic revitalization and ensuing prosperity. RDC's community members play a large role in this efforts Not all these communities are at the same point on the path to prosper- ity, however, all these communities are hard at work revitalizing their economies. They are: the City of Valdez, the City and Borough of Juneau. Kenai Peninsula Borough, Ketchikan Gateway Borough, Mat -Su Borough, City of Kenai, the Municipality of Anchorage City of Nome, City of St. Paul, City of Soldotna, City and Borougn of Sitka, City of Fort Yukon, North Slope Borough, City of Cordova, City of Seward, City of Wasilla, Bristol Bay Borough, City of Wrangell and the City of Cold Bay. RDC salutes their efforts We look forward to working with these communities in 1989 to make our vision of economic development a reality. If your community is not on this list, call me at 276-0700. Hatcher Pass... (continued from page 8) The resort will not spread across the majority of the Hatcher Pass area. Vast areas will remain undisturbed. The popular back - country areas near the existing Hatcher Pass nordic ski facilities will remain undisturbed as will most of the Hatcher Pass road corridor, including the Independence Mine area — leaving plenty of land for those seeking solitude. Residents and visitors who do not go to the resort will still benefit from the project, according to the state. The state explained that these people can take advantage of the improved accessibility of the entire Hatcher Pass area for a wide variety of activities. According to the state report, the project would also have a significant effect on the Mat -Su economy, creating nearly 500 net annual new jobs. The state would receive lease revenues as well as corporate income taxes and excise taxes. The Mat -Su Borough would receive property taxes from the resort and offsite develop- ments. For comparison, the Hatcher Pass resort would be on the same scale as the Alyeska ski resort in both size and visitor usage. Results of a recent public opinion survey showed strong support of the project from both Mat -Su and Anchorage residents. Local environmental groups have expressed reservations about the pro- posed visitor complex and one group has filed a court challenge regarding the Sector B lease addition. January 1989 / RESOURCE REVIEW / Page 9 TELEPHONE (907) 586-1325 217 SECOND STREET, SUITE 200 FAX 463-5480 JUNEAU, ALASKA 99801 Budget Takes Center Stage The action in Juneau this week has centered on the budget -- revenue projections, proposed expenditures, how far they differ, and what to do about it. Response to Governor Cowper's State of the State address (see AML legislative Bulletin 1.6-1 from last week) was mixed, with legislators praising Cowper for his "bold stand," but insisting that state expenditures must be cut to meet at least a portion of the anticipated deficit for next year and into the future. Both the Governor's revenue -raising proposals and the Legislature's proposed cuts have a direct effect on municipalities and, therefore, municipalities will have to work hard to be a part of the debate and to affect the decisions. All groups meeting on the budget issue stress the importance of planning for the fiscal realities not only of this year and next, but also for some time into the future. The Governor has introduced legislation (HB 87, see below) requiring five-year expenditure and twenty-year revenue projections. Many legislators do not seem ready to plan that far ahead, but they are looking at the two -to -five-year range. The House and Senate, through their Finance committees, are both meeting in budget subcommittees as well as meeting with the Governor in a "Budget Summit." Budget Summit The "Budget Summit" proposed by the Governor held its first meeting on Tuesday and will meet on a regular basis until the members have come to some general agreement about the direction to be taken with regard to expenditure limitations and revenue enhancements to balance the budget. Senate President Tim Kelly and Finance Co -Chairs Johne Binkley and Rick Uehling and House Speaker Sam Cotten and Finance Co -Chairs Ron Larson and Lyman Hoffman have been appointed to join Governor Cowper in the Budget Summit. Members have agreed that the first order of business is to agree on basic assumptions about the State's fiscal picture, including the level of the FY 89 budget shortfall and various sources of projected revenues, particularly anticipated revenues from oil tax litigation. Each group plans to bring its experts and projections to next week's (Tuesday) meeting so that they can come to some agreement. The ground rules of the Budget Summit, as for other budget discussions, are that there are no "sacred cows," that they will initially discuss the implications for the State of a wide variety of approaches and then sort out the practical and politically acceptable options. Issues already on the table include the question of what is a sustainable level of state government, given the goal of stability in state spending, employment, and services; analysis of what governmental services are constitutionally mandated; the need for statutory changes to allow agencies to cut some programs; the question of whether to eliminate specific programs or make across -the -board - cuts; whether and how much to cut formula, including entitlement, programs and/or operations of state government; and, in several discussions, the future of state aid to municipalities. The Budget Summit hopes to present its plans for discussion by the Alaskan public by mid -to -late February. We'll keep you updated as their meetings continue. MEMBER OF THE NATIONAL LEAGUE OF CITIES AND THE NATIONAL ASSOCIATION OF COUNTIES House Fiscal Policy Subcommittee The House Finance Committee has appointed a Fiscal Policy Subcommittee, which is meeting regularly to outline its proposals. Representatives Kay Brown, Steve Reiger, and "Swack" Swackhammer are the official members of the groups, but many Finance Committee members and other House: members are joining in the discussion. The Senate: leadership has indicated it will be appointing a similar group headed by Jim Duncan to work with the: House -led group. As a starting point, the House: subcommittee members have developed scenarios showing budget cuts for FY 90 equalling $300 million, $175 trillion, and $100 million. Each of these assumes a combination of increased revenues and budget cuts to balance the budget with a projected deficit (worst case) of $116. Finance Chan- Ron Larson, on the other hand, has taken on the: taskofveloping a budget scenario that does not rely on revenue enhancement measures and would require cuts totaling $872 million to balance the FY 90 budget. The subcommittee will be sharing these. scenarios with the Budget Summit and plans can for a statewide teleconference and a series of other meetings in March to discuss the issues with the: public. There is disagreement on the committee as to whether cuts should be across the board, thus affecting state operations and funding for formula programs, which include education and municipal aid, equally, or whether an alternative to be examined should be cutting out all municipal assistance and revenue sharing, with the balance of the projected deficit to be made up by percentage cuts. The sentiment of Finance Committee members is definitely that it is time to take a very close look at state aid to municipalities and to consider requiring local citizens to pay more for services of their local governments. Unfortunately, the examination of the division of responsibility between state and local governments is once again being driven by a crisis situation. Much discussion centers on the question of "What are essential services?" Even saying that the first thing to do is to protect constitutionally mandated services such as education may not prove to be a useful guideline because there is always the question of at what level these services should be provided.. Beyond the Constitutional question are the statutory Page 2 requirements and the availability of funds to meet basic needs and legislative intent. An immediate concern of legislators is the FY 89 budget shortfall, which is projected at various levels. Legislation repealing some of last year's appropriations may be in the works to stop expenditure of a portion of FY 89 funds. The AML staff will be compiling data to clarify the amount and use of state aid to municipalities and to make the case for equity in addressing a balanced budget for FY 89, FY 90, and beyond. AML will need responses and information from our members to make this case and will provide you with the data we collect. "L Priority Legislation State Aid to Municipalities Funding Package The AML State Aid to Municipalities Funding request contains several elements: full funding for the Senior Citizens/Disabled Veterans Property Tax Exemption Program, continued funding at the FY 89 level for both the Municipal Assistance and Revenue Sharing Programs, and full funding for education programs, including school construction debt reimbursement. See Budget discussion above for general information on how municipalities as well as state programs are faring so far in the session. HB 16 - Appropriation for education programs for FY 90. Bill was heard in HESS Committee on 1/18 and held for further discussion. AML Position: Support (Municipal Platform) with full funding for foundation formula, debt reimbursement, and pupil transportation. SB 38 - Appropriation for K-12 support for FY 90. HESS Committee reported out CS St 38 (HESS) on 1/17 with a decrease in the foundation formula funding to $475,398,145 (from original $486,392,800 level). Referred to Finance. AML Position: Support (Municipal Platform), but only with full funding for foundation formula and with the inclusion of the school debt reimbursement at no less AML Legislative Bufletin #16-2 January 20, 1989 than the $109 million requested in the Platform. [Note, last week's Legislative Bulletin misstated the AML position on this bill by saying League would support it only with the inclusion of school debt reimbursement in the range of $115-117 million. School Construction Debt Reimbursement HB 37 - Insurance for school facilities and equipment and state aid for school construction. HB 37 had its first hearing before the House Labor and Commerce Committee on Tuesday, January 17, to deal specifically with the property insurance requirement. Testimony was taken that indicated general support for the bill, but some questions were raised about the insurance requirement. A subcommittee of Reps. Boyer, Gruenberg, and Leman was appointed to look into the reasonableness of the property insurance requirement and to clearly define "adequate" insurance. There appears to be little significant opposition to the insurance requirement and AML staff expects the bill to move easily through the subcommittee meeting scheduled tentatively for Tuesday, January 24 and be passed out of the Labor & Commerce Committee on Thursday, January 26. Rep. Swackhammer has also been holding subcommittee meetings on HB 37 to guide the bill through the House. Thursday evening the subcommittee held a teleconference to discuss Section 19, the allocation of funds between existing debt reimbursement and grants for new schools in the event of less -than -full funding of either. At least the school districts were well represented on the teleconference, and all agreed to the existing language. Municipalities with school powers need to familiarize themselves with the bill and the potential for less -than -full funding for existing debt or grants for #1-priority need schools and to come to the table. Make sure you agree with what your school district is saying about your future financial obligations and contact AML and Rep. Swackhammer with your comments. This is an AML priority issue and the AML staff has heard nothing from the membership, Board, or Legislative Committee to indicate that the bill should not be supported as written. An Education Coalition subcommittee is looking at regulations and criteria for prioritized projects and will report back to the Coalition at its meeting in Juneau on January 29. For FY 90, the Governor's budget includes $ 104 .AML Legisladve Bulletin #16-2 January 20, 1989 million for debt retirement (full funding being approximately $112-115 million) and $8.2 for 100 percent grants (DOE has $38 million worth of projects on its #1 priority list). Translation: if HB 37 were in effect for FY 90 (and it will not be) Section 19 would come into play with the shortfall being distributed 89 percent - 11 percent, debt to grants. AML Position: Support (Municipal Platform), staff needs to be sure that the existing bill is acceptable. SB 100 - Insurance for school facilities and equipment and state aid for school construction. No action yet. Referred to HESS and Finance. AML Position: Support (Municipal Platform). Increase in Minimum Entitlements SB 31 - Increase in minimum entitlements for municipalities and unincorporated communities. No action yet. Referred to C&RA and Finance. AML Position: Support (Municipal Platform). Still no comparable bill in the House. Removal of Municipal Liability Imposed by Busby Decision SB 66 - Immunity for treatment of intoxicated persons. Scheduled for hearing Tuesday, January 24, at 3.30 p.m. in C&RA Committee (Capitol Room 124). Referred to C&RA and Judiciary. AML Position: Support (Municipal Platform). Still no bill in the House and nothing from the Governor. New Bills Introduced In the House HB 43 - Allowing retirement credit for unused sick leave of employee participating in PERS. Introduced 1/9 by Koponen, the bill would amend AS 39.35 to allow an employee covered by PERS to elect to add unused sick leave credit to the total number of years of credited service. Referred to State Affairs and Finance. AML Position: No Page 3 position, at least until fiscal impact on the retirement system is known. HB 81 - Establishing the Alaska Marine Highway Authority. Introduced 1/12 by Cato, Taylor, and Goll, the bill would establish an authority for the operation, management, planning and construction of facilities for the marine highway system with a legal existence independent of and separate from state government. Referred to Transportation, State Affairs, and Finance. AML Position: No position. HB 87 - Requiring a long-term financial plan. Introduced 1/17 by Rules at the request of the: Governor, HB 87 would require the Governor to submit a long-term financial plan each year along with the budget and general appropriation bill. The plan would have to include estimates of expenditures, estimates of annual revenue from all sources, and recommendations for additional sources of revenue. It would include projections of estimated expenditures for the five succeeding fiscal years and projections of revenue for the 20 succeeding years. The Legislature would be required to adopt a concurrent resolution approving or recommending; revisions to the plan. Referred to State Affairs and Finance. AML Position: Support (89 PS I.1.3). HJR 6 - Permanent Fund amendment. Introduced 1/9 by Ulmer and Hudson, the resolution proposes a constitutional amendment that would allow Permanent Fund interest income to be appropriated to pay for state and local bonded indebtedness or any extraordinary public expenses. Any appropriation to pay for "an extraordinary public expense" would require approval by the voters. It would also allow for the. use of Permanent Fund income to meet a "state emergency," if the appropriation were approved by two-thirds of the members of each house of the; Legislature. If an emergency use were approved, the; Legislature could ask for a public vote on whether it should be repaid to the Permanent Fund. If such a vote were not held, or if the voters did not approve; this use of the Fund income, the amount borrowed from the fund income would have to be repaid within three years. Referred to State Affairs, Judiciary, and Finance. AML Position: No position, although 89 PS I.A.3 supports the use of the; Permanent Fund earnings to assist municipalities. Page 4 HJR 11 - Congressional reauthorization of the Clean Air Act. Introduced 1/12 by Brown and Goll, the resolution urges Congress to reauthorize the Clean Air Act. The resolution specifically asks that the reauthorization of the Act allow cities that do not meet the emission standards it establishes (Anchorage and Fairbanks) to use Federal gas tax money for the operation of mass transit, light rail, ride -sharing, and other transportation measures as a means of reducing air pollution. Use of these funds is currently restricted. It also asks that the Act require the EPA to certify motor vehicles for carbon monoxide emission compliance at a colder temperature range, beginning at 20 degrees Fahrenheit. Current standards for certification of new vehicles for carbon monodde emissions are for temperatures between 68 and 86 degrees, and vehicles certified under these standards operating at lower temperatures operate inefficiently and emit unacceptable amounts of carbon dioxide. According to the resolution, cold -temperature certification would reduce actual carbon monoxide emissions by as much as 28 percent. Referred to Transportation and Finance. AML Position: No position. HJR 13 - Education endowment. Introduced 1/17 by Rules at the request of the Governor, the resolution proposes an amendment to the Alaska Constitution that would establish an education endowment to fund public education. The endowment would be funded by depositing at least 40 percent of the annual income of the Permanent Fund (not including the income of the education endowment) in a separate account within the principal of the Permanent Fund, for 20 years beginning in 1991. Beginning in 2000, the Legislature could appropriate income of the endowment for the support of public education. The Governor sees this as a way to guarantee stable long-term funding for public education, one of the State's primary constitutional responsibilities. Current state spending on public primary and secondary education is about 25 percent of the annual budget. Referred to HESS, Judiciary, and Finance. AML Position: Support, in light of 89 PS II.A.1 and II.A.4, which recognize the State's responsibility to fund education and ask for stability in the funding process and 89 PS I.A.3, which supports using Permanent Fund earnings for municipal support. AML Legislative Bulletin #16-2 January 20, 1989 In the Senate SB 104 - Creating fourth class boroughs. Introduced 1/11 by Coghill, SB 104 would allow for the creation of 4th class boroughs, which would have no mandatory powers but would have the power to borrow money and issue bonds; acquire planning and land use powers, which could be exercised only within service areas; and acquire and exercise other powers only on a service area basis. Under provisions of the bill, 4th class boroughs could not exercise areawide powers other than tax assessment and collection nor function as a school district. According to the sponsor the 4th class borough is modeled after the 3rd class borough except that a 4th class borough is prohibited from establishing a school district. Referred to CRA, HESS, and Finance. AML Position: No position. SB 105 - Unification of municipalities. Introduced 1/11 by Coghill, this bill is identical to HB 40 (see Legislative Bulletin 16-1). It would require that each voters in each home rule or first class city within an area considering unification approve it and allow elections on unification only every 36 months, instead of every 12 months. The bill would make unification of cities and boroughs more difficult. Referred to CRA. AML Position: No position, but the sponsors of both measures have asked AML to comment. Members should let staff and the Legislative Committee know their opinions on these bills. SB 114 - Amending the oil properties production tax. Introduced 1/13 by Kerttula, SB 114 would amend AS 43.55.011(c) to increase the oil production tax from $.60 to $1.00 per barrel for all taxable oil. It would also add a stipulation that notwithstanding other adjustments, including application of the ELF, the tax rate could not be less than $1.00 per barrel whether determined under the cents -per -barrel method or the percentage -of -value method. Referred to Oil and Gas, Resources, and Finance. AML Position: No position. House Action HB 4 - Deadlines for funding education. HESS Committee reported the bill out on 1/18 with no AML Legislative Bulletin #16-2 January 20, 1989 changes. Referred to Finance. AML Position: Support (Res. 89-14). Municipal News Municipal Lobbyists Schedule Regular Meetings Lobbyists representing AML member municipalities are invited to meet with their colleagues at the League office every other Thursday morning, beginning on January 26. The informal get- togethers, designed to facilitate the exchange of information about legislative issues of mutual interest, will begin at 7:45 a.m. Legislative Committee, Board to Meet The AML Legislative Committee and Board of Directors will meet in Juneau January 31 - February 2. Board and Legislative Committee members expect to meet with legislative leaders and the Governor to discuss AML legislative priorities. The annual AML Legislative Reception, honoring the Cowper administration and the 16th Alaska State Legislature, will highlight February 1 as Local Government Day. The Legislative Committee meeting will begin at 8:00 a.m. on Tuesday, January 31, and conclude at 4:30 p.m. on Wednesday, February 1. The meeting will be held in the Lumberjack Room of the Westmark Hotel. The AML Board of Directors will begin its winter meeting at 8:00 a.m. on Wednesday, February 1, at the Baranof Hotel. Governor Steve Cowper will address the Board at lunch on Wednesday. ARDOR Applications Available The Department of Commerce and Economic Development recently distributed application packets for its Alaska Regional Development Organizations program, better known as ARDOR. Final approval of regulations for ARDOR, which will make funds available for regional economic development efforts, is still pending, but the department has made Page 5 advance copies of the application packet available. Applications will be accepted after the Attorney General's office has approved the regulations and filed them with the Lieutenant Governor's office. For more information, or to receive your application packet, call Tom Lawson, Acting Director, Division of Business Development, DCED, 465-2017. State Review of Forest Practices Underway The State's three resource departments -- Departments of Natural Resources, Fish and Game, and Environmental Conservation — have joined together to review the State's Forest Practices Act, which governs the way timber is harvested on state, municipal, and private land. The review is being undertaken by a thirteen member group representing agencies and organizations with particular interests and concerns regarding timber harvesting in Alaska. Those who want more information about the Forest Practices Act review or about the meetings of the: House Committee Hearings/MeetingsI review group should contact Bob Loeffler, Department of Natural Resources in Anchorage, at 762-2660. ICMA Seeks Nominations for Outstanding Contributors to Local Government The International City Management Association (ICMA) has been honoring local government professionals for outstanding contributions made to local government management. This year ICMA is seeking nominations from local officials for awards to outstanding individuals and also for programs in five areas: employee benefits, intergovernmental relations, housing, programs for the disadvantaged, and public safety. For more information on the awards program and how to nominate an individual or program, contact Chrystal Smith at the AML office immediately. Nominations deadline is February 13. Community & Regional Affairs 1:00 p.m. Capitol Room 124 Joint House/Senate CRA Meeting Tuesday, Jan. 31 Local Boundary Commission Report Labor & Commerce 4:00 p.m. Capitol Room 17 HB 37 - State Aid for School Construction Tuesday, Jan. 24 State Affairs 8:30 a.m. Capitol Room 102 HB 23 - PERS & TRS Credit for Part-time Service Thursday, Jan. 26 Senate Committee Hearings/Meetings Community & Regional Affairs 3:30 p.m. Butrovich Room 205 SB 66 - Immunity for treatment of intoxicated Tuesday, January 24 persons SB 95 - Combining sales and use tax proposition with incorporation of borough Joint House/Senate CRA Meeting Tuesday, Jan. 31 Local Boundary Commission Report Capitol 124 Resources 1:30 p.m. Finance Room 518 SJR 6 - High seas salmon interception Monday, Jan. 23 AML Legislative Bulletin #16-2 Page 6 January 20, 1989 Budget Summit Budget Summit 3:00 o.m. Governor's Conference Room Review of deficit and projections Tuesday, Jan. 24 Review of pending oil tax litigation and Thursday, Jan. 26 projected revenues Municipal Calendar January 31 - AML Legislative Committee Meeting, Westmark Hotel, Juneau February 1 February 1 Local Government Day in Juneau, featuring AML Legislative Reception from 5:00 to 7:00 p.m., AML Board of Directors meeting, and AML Legislative Committee meeting. February 1-2 AML Board of Directors meeting, Baranof Hotel, Juneau. February 6-11 "Merging Technologies," 24th Annual Alaska Surveying and Mapping Conference, Anchorage. For more information, contact Barbara D'Onofrio at 694-5119. February 13-17 Government financial management seminars, San Diego. Sponsored by Government Finance Officers Association. Topics to be covered in 2-day seminars include capital financing, intermediate governmental accounting, and money market/cash management for governments. For more information, contact GFOA at 312-977-9700. February 23 Alaska Conference of Mayors meeting, Juneau. For more information, contact John Williams, ACoM President, at 283-7535, or call AML at 586-1325. March 4-8 National Association of Counties Legislative Conference, Washington, D.C. For more information, contact AML or NACo at 202-393-6226. March 6-7 "Financing Growth: Who Benefits? Who Pays? And How Much," sponsored by GFOA, American Planning Association, National Association of Home Builders, and Urban Land Institute. Orlando, FLorida. For more information, contact GFOA, 202-429-2750. March 11-14 National League of Cities Congressional Cities Conference, Washington, D.C. For more information, contact AML or NLC at 202-626-3000. March 12-17 Municipal Clerks Institute, Fairbanks. For more information, contact AML. March 30 Alaska Conference of Mayors meeting, Juneau. For more information, contact John Williams, ACoM President, at 283-7535, or call AML at 586-1325. March 31 Northwest Municipal Managers Conference, April 3aboard the Alaska Marine Highway. For more information, contact Dave Palmer at 826-3275. AML Legisladve Bulletin #16-2 January 20, 1989 Page 7 April 3-4 AMMA Spring Meeting and Training, Juneau. For more information, contact Chrystal Smith at AML June 4-7 Government Finance Officers Association 83rd Annual Conference, Seattle. For more information, contact GFOA at 312-977-9700. AMLUM Newts FY 90 - Your A WJIA Insurance Program Is Alive and Weil! We are now halfway through our first year. Losses are well within the actuarial projections and our Risk Control Program, "Control Your Losses, Control Your Costs", is well underway. Current participants can tell you, "It works!" Those of you not currently enrolled in the JIA will soon have the opportunity to consider joining for FY 90. All you need to do is complete our Exposure/Rating Survey to receive a quotation. Be sure to watch for it in your mail in the near future. Remember, the JIA is YOUR program, not just another insurance company. The money you save by belonging to the JIA pool more money for your municipality! Page 8 The Alaska Munk4; d League and the Alaska Covnference of Mayors con ally invite you to attend a rere pdan honoring the CowW A&ti dsawtion and the l &h state Leesfamm S:00 pLnL until 7.•00 p nL February 1, 1989 at Yancey's in du Merchant's FiW 2 .'Marine Way Juneau, Alaska AML Legislative Bulletin #16-2 January 20, 1989 S-EVE CCWPER Janaury 20, 1989 Dear Alaska Municipal League Member: A couple of weeks ago I delivered my combined State of the State and State of the Budget address. It was the first time those messages were consolidated, but I did it because the state of our state inherently is the state of our public budget. The fiscal plan I laid out stresses stability and I am suggesting options which you as prudent managers may already support. Enclosed are excerpts from that speech. As I indicated at the Budget Summit with legislators this week, I am willing to compromise and am open to suggestions as where to trim public spending. But, overall, I think we're at a level of state spending that should be sustained in order to maintain economic stability in light of unpredictable revenues. You're probably familar with how I want to diversify our sources of revenue: Put 40 percent of the Permanent Fund earnings back into the principal to create an education endowment which, in 10 or so years, could fund our education needs (the single largest expenditure in the state budget). Use some of the earnings :Left over after dividends and the endowment to help pay for services. - Reinstate in 1990 a moderate personal income tax. This is the best way I know to capture a fair share of the millions of dollars in wages that leave this state. And, obviously, people wh+:) aren't working don't pay. -- Adjust the Economic Limit Factor (ELF) so that truly marginal oil, fields get a necessary tax break, while Prudhoe Bay and Kuparuk (North America's largest oil fields) would contribute at the reasonable level which was in effect until 18 months ago. We need to remember that the oil belongs to all Alaskans and that the industry is taking it out - at considerable profit - on contract to us. - A statewide one percent sales tax to help pay for direct grants to communities (which total about $100 million annually). Alaska Municipal League Page 2 - An 8-cent increase in the motor fuel tax to offset the costs of road and highway maintenance. My budget proposal fulfills many of the policies in your 1989 Municipal Platform. Full funding for municipal entitlement programs. My budget continues current levels of funding for both municipal assistance and for revenue sharing. I propose that school construction debt be reimbursed at the current level (90 percent) and I'm willing to fully fund the remaining ten percent if future construction is paid for by grants on a priority basis. My budget also continues current funding levels for the education formula and for pupil transportation costs. I support early funding for those education programs. Full funding of mandated reimbursement programs. I wish we could afford to fully fund reimbursements for property tax exemptions for vets and seniors. I recognize the burden you must face without full reimbursement. I have proposed to continue the current level of reimbursement. I sympathize with your position that if state -mandated exemptions are not fully funded that they should be repealed and I encourage you to work with your legislators on making those changes. I have also introduced language or legislation to implement the following AML policy statements: Appropriate annually the shared taxes by percentage set out in statute. -Use of Permanent Fund earnings. -Creation of a long-range financial planning process. Modification of the Economic Limit Factor. If your council, assembly, or other community organization wishes to demonstrate its endorsement for any or all of our initiatives, my staff would be pleased to provide additional information and technical assistance. Feel free to contact my Director of Constituent Relations Laury Roberts Scandling at 465-3500. I lock forward to your active support on these issues and to working together to get Alaska on sound financial footing. incere eve r Governor REGISTRATION FORM Please type or print oc game Sex M F M '-' Title d City or Organization r-+ i to Mailing Address .......— C try t State 'Lip t I Telephone E ) w U w Family Members Attending (No registration fee required): w Spouse Full Name Sex M F zo Child Age, r F— Child t--t c Age. _J z 1. ❑ This is my first Congressional -City Conference. t- 2. ❑ I would like travel assistance from the NLC Conference Travel Center. V) Check applicable Conference Registration fee and enter total fees in the � right hand column: CD Z ADVANCE REGISTRATION FEES �-' (Postmarked by February 1, 1989) V) ❑ 5220 Direct Member Fee' $ _ EM ❑ $220 Associate Member Fee' $ ER ❑ $295 Non -Member & Indirect Member Fee" $ - EX U_ ❑ $295 Other- $ - EZ C) w PRE -CONFERENCE SEMINARS AND SPECIAL EVENTS c.� ❑ $85 Transition $ MB w Cl S85 Campaign .Skills $_ CK _j C S85 Environmental Programs $ RR C' $85 Real Estate Assets $ SA z O C'. $85University Communities $. UN _. 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Arrival Date / / Time Departure date / / Time I via be sharing my room with: Co -Occupant Name �_ r City _ State Zip Telephone( ) �o CREDIT CARD AUIHORIZATION Credit Card Company Card Number Bank Number Expiration Date Card Holder Signature Date indicate your first -choice hotel with the number 1. Number other homis from 2 w 12 in coder of your preference. You must number all hotels. Consult the Conference Registration Center for irtfominuorl on suites. The NLC Conference Regwaoon Center and/or the NLC Conference Travel Center are authorized to use the above card to guammee my hotel reservation and/or to issue airline tickets mewed by me to attend this conference. I understand that one night's room charge will bl! billed through this card d I fail to show up for my assigned housing on the confirmed date unless I have canceled my reservation with the hotel at least 48 hours in advance I also understand that I may return any unused tickets for travel purchased hn this card for full refund as a result of this cancellation unless the fare terms published by the air- line carry a cancellation penaim . Choice Hotel Single Double Dupont Plaza (A) 125 _ 125�_ Embassy Row (B) 132 _ 148 Embassy Square (C) 104-125 119-140 Hay Adams (D) 140-165 140-165 Highland (E) 88 98 Mayflower (F) 109-145 129-155 Omni Georgetown (G) 105 125 Quality Hotel Central (H) 84 94 Ritz -Carlton (I) 145 165�� Sheraton Washington U) 89-99 109-119 Washington Hilton (K) 84-124 104-144 Hilton Towers (L) 175 195 Pkase rerun this tam -ah w ur reg trawn myna" 1t NLC Coruertnce k— stratnrr (<ner P O, ton 11413 nulks Inernatrrnal Mtpou wxihinaun. 1).C. 2DO4I Phase i 202) t2tr3100 * All scasionB w9l be held at the Washington Hilton. WoarileY reel �...��. Ace' K . o+'tirru E L ,rty 8 u� �eya, R sr t v�o�`�2rtip a'�� 1 relit t B A fit) v sr. G O Sr. !� N St. C Lp M Sr N St. c ry N N ti �v 3rYo r r F^ HA D Register new, , NACo Legislative Conference March 4 - 7,1989 Washington Hilton & Towers Washington, D.C. t/ CONFERENCE REGISTRATION /Postmark Deadline February 2,1989 oCANCELLATION POLICY (PLEASE READ CAREFULLYBEFORE COMPLE77NG AND RETURNING FORM) Postmark deadline: February 14,1989 Conference registration fee MUST accompany this registration forma and must be received befi to registration or Refund of conference registration fee less an administrative fee of $50 will housing Can be processed. Send a check, voucher. twenty purchase order, claim or the equivalent nude payable to be made if written notice of conference registration cancellation is post - the National Association of Counties. Ren m completed form with psyr by February 2, 1999 to NACo narked no later than February 14, 1999. Corference Caner, P.O. Boa 17413, Dulls International Airport, Washington, D.C. 2W41. Please type or print clearly all applicable information requested below. Information following asterisks (•) will appear on the conference budge. *Name (fkst, Lau name) *Nidwme t/ CREDIT CARD AUTHORIZATION 'Tide Credit tad company *County — Cad number Ettpirstion date Address State Tip Phone — Spouse (first, tau nano) Youth (fuss, last name) Youth (first, last name) ❑ YF.S, I would like travel assistance hem the NACo Conference Travel Center of REGISTRATION FEES Check the two that corresponds with your registration category EARLYBMDREGIS7RAMN REGMTRAmONPOSTMARIf$D Mart be pma®arlmd AffM January 27,19s9 =it byJumary27,1949 ON.srTBergiaaaaio. Member countyattendee ❑ $195 ❑ 5225 Nonmember cowry atten lee ❑ S225 ❑ $275 Other goverment attendee ❑ $225 O $275 Other attendee (private sector) ❑ $250 ❑ $300 Spouse O $50 ❑ $50 Yo nth ❑ $30 ❑ $30 NOTE ALL REGISTRATIONS POSTMARKED AFTER FEBRUARY2 WILL BE PROCESSED AT THE ON -SITE REGISTRATION DESK. ,-'HOUSING REGISTRATION /Postmark Deadline is February 2,1999 Delegates arc eligible for specially priced howl soconsmodstions. Special conference --will be available to ail delegus whoseregistrationis postalwkedby February 2,1989.Toaccormmtodatespcq�dnewde (e.g.,whaelchair accessible rooms) piste comet the NACo Conference Registration Caner . (103) 471-61 B0. NOTE: You must have completed adreturned both aCONFERENCE REGISTRATION FORM and eW!payment of the conference registration fen ore county purchaseotder,voucheror claim BEFOREweomproeeasyorhouaing requesL Thank you. ❑ Please make my hotel reservations as indicated below. ❑ I do not require hotel accommodations. Room occupant (first, last name) Co -occupant (first, last name) — Arnval date Deprmre date Special housing request Housing disability needs The NACo Housing Center mWor the NACo Conference Travel Center is authorized to use the above card to guarantee my hotel reservations and/or to issue airline tickets reserved by me to wend this confactim I understand that one night's room charge will be billed through this card if I fail to arrive for my assigned housing at the confirmed date unless I have cancel bad my reservation with the hotel at least 48 hours in advance. I also understand that I may return any unused tickets For travel purchased by this card for full refund as a restth of this cancellation unless the fare terms published by the. airline carry a cancellation penalty. Cardholder's signature Due For further registration or housing information, call the NACo Conference Registration Ceara (703) 471-6180. No registrations or reservations can be accepted by telephone. or HOUSING DEPOSITS (Please read carefully the following new information on hotel room gtraratttoes.) A mandatary room deposit is required in anamount equal to one night's room charge. It is hold policy that each roan reservation be guaranteed by either of the two following methods: 1. CarpimtheCmditCwdAuUwnzauonsecuonofthisregistmuonMousingfortn. The NACo Conference Registration Center an guarantee your room with ncc hotel by your credit card. This is the easiest way to guraum your mom reservauon. 2. Forward a check, matey order, claim, purchase order or voucher directly to the hotel indicted ontheConfereaoe Regisbration/biousing Acknowledgernent you will be receiving from the NACo Conference Registration Center. t/ AFFILIATE INFORMATION Please check the affiliated getups to which you belong. O NACRC O NACCA ❑ NCEC O NACHFA ❑ NA010 ❑ NACTFO O WON ❑ NACE O CIC O NACT D O NACTEP O NACCAE O NACA O NACHSA O NAB:, O ❑ NACAP O NACDPA ❑ NACIO ❑ 1CMA ❑ NACC DD Time: AM -- PM ❑ NACPRO Time: AM — PM PL£ASE CIRCLE YOUR DESIRED ROOM RATE: INDICATE YOUR FIRST CHoicp tiomi. wrrH NUMBER 1. THEN NUMBER OTHER HoTaLs FRom 2 TO 4 LN TFIE ORDER OF PREFFRENM IF YOUR FIRST CHoice IS UNAVAILABLE, RESERVATION WILL BE MACE AT THE NEXT AVAILABLE HOTEL ACOORDM TO YOUR RANKING. 110rEL Single Rates Double Rates DO NOT SEND HOUSING 1 DEU"I Swent CONFERENCE Hilton• $84 SI04 REGISIRAT ION PAYMLMS S 94 $114 Fdior w'tbeatgDepte' S 104 S 124 yes will $114 1134 be o.rO.A "firs eviab" $124 $134 non ear Nrcb e.I-ma tow 7Highland $86 S96 meYooeyooeea Flamed- :)Q.IalityHotel $80 S90 orb+ Yey�Y� -1 Ritz -Carlton $120 $130 wtwe■we«+• 3 Pine contact me regarding suite information and availability. FOR OFFICE USE ONLY PSMRK: RCVD: _ PYMT: r: ,S: _ DESC: CITY OF KENR FOR COUNCIL I NFORMRTI ON Transfers of Funds under $11000 (KMC 7.25.020) Date Department Amount From To 1/16/89 Library $900.00 Op. Supplies Office Supplies 1/18/89 Planning & Zoning 600.00 Prof. Services Communications 1/19/89 Sr. Center -Borough 551.00 Repairs & Maint. R & M Supplies 1/19/89 Planning & Zoning 30.00 Op. Supplies R & M Supplies Explanation Supplies, shipping & handling prices have increased in price Underestimated phone charges for the year. Funds need to purchase folding chairs Purchase of swing arm for IBM monitor which exceeds budgeted amount DOORS / WINDOWS UNLIMITED, INC. 34824 K-BEACH ROAD, SUITE C • SOLDOTNA, ALASKA 99669 • PHONE: 907-262-9151 • FAX 907-262-6433 January 27, 1989 KLUGE AND ASSOCIATES 130 Trading Bay, Suite 330 Kenai, Alaska 99611 Re: Kenai Airport Terminal Building Renovatio J 3 v Attn: Mr. Bill Kluge Dear Bill, As you are aware, our firm along with Kawneer Aluminum Co. worked closely with Carmen Gintoli as well as with you on the desiqn of the new Barrell Vault and Sloped Glazing Systems for the above referenced Project. Kawneer Company and their engineers worked many hours designing and calculating wind and live loads for the requirements of this most technical glazing project. Kawneer materials and systems were detailed and specified for this project and were bid by several subcontractors. We are now a_uite concerned that the General Contractor has decided to use a subcontractor from Anchorage with an extremely low bid using an apparently non -specified product. There are several items the owners should be concerned with, the most important of which is using a non -tested, non -calculated and unspecified system. They will be accepting the responsibility and liability of such an unproved design. As a local subcontractor, we are additionally concerned that our low bid using the specified products may not be used on this job, even though the specifications clearly state that there will be no substitution of products after the award of the contract, (article 9 E-L) and if there were going to be substitutions allowed after the award of the contract there should have been an addendum to that effect allowing all bidders the equal opportunity to bid.. Hopefully to avoid a legal protest you as the project manager and architect will require that Kawneer materials are furnished and installed in accordance with the specifications. If our firm or Kawneer's engineering departments can be of any assistance regarding product use or calculations for this project, January 27, 1989 To: KLUGE AND ASSOCIATES please let me know. Sincerely yours, Dan Furlong DOORS/WINDOWS UNLIMITED, INC. cc: Kenai City Council Mayor Williams Keith Kornelis Page 2 DOORS & WINDOWS SE=- ON 08400 ENTRANCE/WINDCWWALL PAGE 3 OF 6 P_M 2 PitCDOCT"S 2.01 DESIGN Design is based upon the "Tri-Fab 450 & 451 Framing Systems" with "350 Medium Stile" doors, and2`'ffT�rojeet-n_�rindaw-s clear anodized aluminum as min- of actur ed by the Rawneer Company The specified product and the Drawings reflect the desired configurations and the manufacturer's recommended installation methods. Comparable products will be considered upon submittal in accordance with Section 01340. A. Aluminum Extrusions: Extrusions shall be 6063-'1'5 alloy. Fasteners, where exposed, shall be aluminum, stainless steel or zinc plated steel in accordance with ASTM A 164-71. Perimeter anchors shall be aluminum or steel, providing the steel is properly insulated from the aluminum. Mullion configurations shall allow for pockets at the inside glazing face to receive fixed resilient elastomeric glazing sr,line. Where indicated mullions and horizontals shall have flexible (PVC) thermal break material located on exterior side of glass pane. Exterior glazing seal shall be synthetic polymer tare applied to main grid members. Provisions shall be made at all sealed horizontals to lead moisture accumulation to exterior. B. Finish: All exposed framing surfaces shall be free of scratches and other serious blemishes. Aluminum molding shall be given a caustic etch followed by an anodic oxide treatment to obtain an Arch itectural Class II clear anodic coating conforming to Aluminum Association Standard AA-XI2 C22 A31. C. Fabrication: The framing system shall provide for a flush glazing appearance, with no projecting stops. D. Weatherstripping: Provide manufacturer's standard nonferrous spring metal, or vinyl gasket, designed for permanently resilient sealing under bumper or wiper action completely concealed when window sash is closed. 177 DIVISION 1 GENERAL REQUIREMENTS SECTION 01340 SUBMITTALS PAGE 1 OF 8 SE=.CN 01340 SI BMI`T` = PART 1 GM AL 1.01 DFSCIZZPTION A. Work Included: 1. Throughout the Contract Documents, the minimum accectable quality of workmanship and products has been 7-3 defined either by performance criteria, manufacturer's name and catalog number, or reference to recognized industry standards. 2. To ensure that the specified products are furnished and installed in accordance with the design intent, procedures have been established for advance submittal -3 of product data and for it's review and approval or rejection by the Owner's Representative. B. Cont.actural Recuirements for Submittals: Refer to General Conditions and Supplementary Conditions of the Contract. C. Related Resui:�+nents Specified Elsewhere: 1. SL^ a--y of work: Section 01010 2. Shop drawings, product data & samples: Section 01360 3. Substitutions & product options: Section 01600 1. 02 SUBP=-ALS A. Timing: After award of the Contract, and in a timely manner before anv of the materials or products, specified or required, for this project have been procured, submit to the Owner's Representative for review and evaluation the following product data according to the specific requirements of each technical section of these specifications: 1. Materials List: A complete list of all material and equipment proposed for incorporation into this project, stating the identity, physical, structural, and other salient properties and qualities of the product. Such list will be reviewed from the standpoint of design, quality, and performance only. 28 ARTICLE 9 SUPPLEMENTARY INSTRUCTIONS TO BIDDERS 9.1 CONFLICT W:T?i GENERAL 9.1.1 This Article supplements the Instructions to Bidders, AIA Doc,ament A701, May 1978 Edition, and if in conflict, supersedes the conflicting item. To AR _ _E 2 ) 9.2.1 Failure of compliance with Article 2 of Instructions to Bidders will not relieve bidders of responsibility for estimating properly or the difficulty or cost of successfully performing the work. 9.3 TOa _ ati. '.r 9.3.1 The deposit referred to for Bidding Documents shall be a nonrefundable fee as stated in the Advertisement for Bid. 9.4 TO Mc_"'ur+*+S B=::D' S. A..'"'CLE 3) 9.4.1 Materials and methods to be bid under 'LUMP SUM BASE BID' shall include ONLY materials and methods which are included in the original Contract Documents and addenda thereto. If item has been spec -=led by means of a standard specification (government, industry, etc.,) or a performance specification, any manufacturer may be bid which can perform to these specifications. If an item is specified by a trade name and/or by a manufacturer's name only the listed name or names ma: y be bid. If more than one trade name or manufacturer's name has been listed, any of the listed names may be bid subject to any particular conditions for substitution of materials which apply equally to any item specified either in the written Contract Documents or on the Contract Drawings. 9.4.2 When required by the Specifications and provided on the Bid Form, the Contractor shall bid alternate materials, methods, or scope. ' 9.4.3 Generally NO SUBSTITUTES will be made after the award of the Contract. Substitution will be considered only if, of ter award of the Contract, the Contractor submits proof in writing that a material which was specified and bid, or accepted by an Alternate Proposal, has since become unavailable for incorporation into this project. Substitution shall be considered a change in the Work and can only be authorized by a written Change Order. 11 E-1 I Ji=44 31 '39 13:53 F.1 9 Ashley Reed & Associates TO: The Mayor and City Council DATE: February 1, 1989 SUBJECT: Legislative Review The following is a review of legislative issues that I think would be of interest to you. The governor's budget, efforts by legislators and the adminstration to create a fiscal plan, possible changes to the foundation formula, school debt legislation, and ways to distribute the Railbelt Energy fund are included. Not included, but also of interest to the City of Kenai is a tourism projects bill being considered by Rep. Kay Brown. She is very interested in doing something for tourism but is puzzling over the best approach to take. Last year a $10 million appropriation for statewide tourism projects passed the House with 27 sponsors but died in the Senate. I will be monitoring this situation for you, and keep you posted on its progress. Kenai should develop a project for inclusion in her bill. As mentioned in the last part of the review, the definition of 'railbelt community' has not been solidified and I will also be watching that situation closely. The Seventeenth Alaska State Legislature convened Monday, January 9, 1989. There are a few new faces, but most members of the House and Senate are experienced legislators. Now, at the end of January, the legislature is starting to settle down to business. For the most part, committee selections have been completed - although the Senate does not plan to appoint finance subcommittee chairs for the budget for another four to six weeks; Senate President Kelly seems to be taking hold of the leadership reins in that body; and House membership is now complete with Ann Spohnholz being appointed by the governor to fill the House seat left open until a runoff election between David Finkelstein and Brad Bradley is completed. Members of the leadership in both bodies are working with the governor to develop a fiscal plan for the state and, reportedly, members of the Senate will be joining the House subcommittee on fiscal policy. Compared to other sessions there is a cooperative air about the proceedings. Government Relations and Public Affairs Consultants 510 L Street • Suite 210 • Anchorage, Aiaska 99501 Phone (907) 279.5350 • FAX (907) 258-3527 JH�J 31 '1:4 1 : C-1 F.2 9 The House majority met mid -month to adopt a set of goals and objectives. Fiscal responsibility was foremost on the list and incorporated in that category were the following: Sustainable Budgeting: stabilize state spending at a sustainable and justifiable level, develop a multi -year fiscal planning process through extensive public involvement, and look at budget reductions as well as revenue enhancements (eg: new taxes). Economic Limit Factor modify the ELF to provide needed revenue and appropriate incentives to develop truly marginal petroleum resources. Back Taxes: pursue the timely collection of back taxes and royalties owed to the public treasury by oil companies. Schooi Debt Retirement': establish a school debt retirement policy for the state. Permanent Fund: expand permanent fund investment options in order to increase the earning potential and profitability of the Fund. Other major goal areas included economic development, human resources, and legislative reform. Governor Steve Cowper moved away from tradition by combining the 'State of the State' and State of the Budget' addresses into a single speech before a joint session of the legislature. Cowper told Alaskans that the government should be a stabilizing force in time of an unstable economy. The logical place to start, said Cowper, is with a fiscal plan. He offered a maintenance budget of $2.3 billion and proposed a five-year spending plan based on a twenty year fiscal projection. Cowper said he would like to revise the ELF (an oil tax), impose a 1 % statewide sales tax and an eight cents a gallon gas tax, and use the undistributed income of the permanent fund as necessary for costs of state government. Eventually, the governor would also like to dedicate 20% of the permanent fund earnings to cover operating expenses and bring back the income tax. An endowment for education, created by using 40% of the earnings from the permanent fund for twenty years, is still high on Governor Cowper's priority list. Within ten years, Cowper predicts income from the endowment would fund education. Oral Freeman, Chairman of the Permanent Funds Board of Trustees, does not favor 2 dedicated funds. Freeman is wary that once you start slicing up the fund it will be hard to stop. Every special interest group will want a piece of the pie. The governor, though, is very intent on making the education endowment a reality. He has worked to create a constituency within the education community for the plan and has labelled it one of his top priorities. Cowper proposed spending $98.9 million in general funds on capital projects in FY'89. Those state funds will generate an additional $173 million in federal funds. With supplementary amounts from the highway working capital fund, and the international airport revenue fund, the proposed total for capital projects is $304.4 million. All but one of the projects for school districts included in the governor's list of capital projects were also among the top ten projects for either REAAs or municipalities as prioritized by DOE or the State Board of Education. Even before the governor proposed a budget summit, the House had appointed a subcommittee on fiscal policy to review options and issues that might arise with spending reductions. Members of the subcommittee include Reps. Brown (chair), Swackhammer, and Rieger, with Reps. Ulmer, Grussendorf, Koponen, Larson, Hoffman,Goll, Boyer, Mike Davis, Davidson, Leman, and Miller, making up the working group. The budget summit membership includes the governor and three members from each body of the legislature. Representing the House are Speaker Cotten and Finance Co -Chairs Larson and Hoffman. Representing the Senate are President Kelly and Finance Co -Chairs Uehling and Binkley. The first meetings of the House fiscal policy working group focused on various scenarios for reducing government spending and plans for sharing the information with the public. The cuts - $300 million by Swackhammer, $175 million by Rieger, and $100 million by Brown - assumed new revenues and use of varying amounts of reserve funds. In all cases the foundation program, school debt, municipal assistance, and revenue sharing were cut - as much as $58 million from foundation alone in the $300 million scenario. A deep cut scenario of $822 million, by Rep. Larson, assumed no new revenues and was most devastating. The first budget summit, with House and Senate members and the governor, was held January 17 and participants agreed that cuts in state services were inevitable to avoid a massive budget deficit. The work of the House fiscal policy working group was also presented to members of the budget summit. Assuming local governments 3 JAN 31 '89 13:56 P.4, 9 continued to provide the same level of services currently provided by the state, Rep. Larson noted that the $822 million cut would cause the mill levy in his district to balloon from nine mills to about 26 or 27 mills. The public would never accept such a large reduction, Larson said, so legislators must look at additional revenues to balance the budget. The second budget summit was January 24 and Mary Halloran, director of the governor's policy division, advised legislators that her division, the Department of Revenue and the Division of Legislative Finance had analyzed the key assumptions determining revenue forecasts to try to reach a consensus outlook for FY 89 and FY 90. Warning lawmakers that it was not an official forecast, Revenue Commissioner Malone said the Consensus Revenue Analysis was simply an update of Revenue's fall forecast that takes into account higher oil prices than were predicted and current events such as the OPEC agreement. Director of Legislative Finance Mike Greany said the bottom line of this analysis was that there will be adequate revenue to balance the FY 89 budget and, if the consensus revenue analysis proves accurate, there would be a $550 to $700 million deficit in FY'90 under the Governors proposed budget plan. Earlier FY'90 deficit projections had been over $1.0 billion. At the January 26 budget summit, the group agreed on revenue projections for FY'89 ($13.30/barrel) and FY'90 ($13.50 barrel). Representatives of the Departments of Law and Revenue presented the members of the budget summit with an update on current litigation involving the oil and gas industry. It has been estimated that the Dinkum Sands case could bring in $930 million; litigation involving back taxes (not including penalties) could bring in $1.45 billion; and there is no estimate on the revenue from the Amerada Hess case. The group adjourned to executive session to discuss the state's strategy in the cases and to be apprised of back tax information on individual companies. The house Fiscal Policy working group has also continued to meet and they are now considering the revenue side of the equation. Rep. Hoffman shared two separate scenarios that included reductions of ten percent in FY'90, seven percent in FY'91, and an additional five percent in each of FY'92 and FY'93. Projections for oil revenue in each of the scenarios was based on the Consensus Revenue Analyse, neither scenario imposed an income or sales tax, and varying amounts of the Railbelt Energy Fund, earnings of the permanent fund, and revenues from a reinstated ELF were used in each scenario. The second scenario involved a new concept that Rep. Hoffman labelled '1000150150'. The permanent fund dividend would be increased and capped at $1,000 and the remaining earnings of the fund would be split 50/50 between 4 registration, sales and use, property), and "renters' credit" for seniors. It was generally agreed that the individual income tax was more favorable than the sales tax. Rep. Leman suggested that taxes on gas, alcohol, and tobacco also be considered. There was joking consideration of Rep. Martin's proposed marijuana tax, and Rep. Swackhammer advised the group that if the law allowed taxation of illegal drugs it would give authorities a means of recouping revenue from individuals who are found guilty of dealing drugs. There are 11 seats in the legislature with newly elected members. Four members of the House ran successfully for Senate seats and the house has seven freshman members - with one seat temporarily filled because the race is being contested. New senators include: Al Adams(D), Kotzebue; Steve Frank(R), Fairbanks; Pat Pourchot(D), Anchorage; and Drue Pearce(R), Anchorage. New House members include: Cheri Davis(R), Ketchikan; Loren Leman(R), Anchorage; Bert Sharp(R), Fairbanks; Eileen Panigo MacLean(D), Barrow; Richard Foster(D), Nome; and George Jacko(D), Pedro Bay. The proposed organizations in the House and Senate are now official and committee assignments have been completed. 61 ana maintain remedtai programs tot students at n$K of witnarawmg trom scnool. tack school board would identify children at risk and develop a plan to meet their needs through curriculum modification and alternative programs. Each plan must also describe how remedial instruction, parental involvement, and community support services will be used. A district with 50 or more dropouts, or a dropout rate exceeding five percent of the district's total secondary school enrollment, must submit their plan to the Commissioner for approval. 11 144.11nn21"i nnu aywNiomm. n nit► uistrKR sans to oo so, uve win purcnase ine regwrea insurance and deduct the amount from the district's state foundation aid. The Coalition for Education, with representatives from the legislature, urban and rural municipalities and districts, the State Board of Education, state agencies, and various education associations, has worked diligently to develop a consensus on this issue. Although the group has met regularly during the interim, it is still uncertain whether this measure will secure all the support it needs for passage into law. Senator Fischer agrees that the issue of school debt needs to be addressed but says that this proposal would take away too much local control. Reportedly, Fischer is intending to introduce an alternative plan that would pay off all past debt (approximately $675 million) by issuing general obligation or revenue bonds. HB 37, by Rep. Swackhammer, was passed out of House Labor & Commerce Thursday, January 26. The bill had been placed in a subcommittee chaired by Rep. Boyer and two technical changes had been proposed - one to correct a typo, the other to clarity that municipalities could provide a district's insurance. Rep. Boyer offered a third amendment that had not come before the subcommittee. There was concern by his constituents that the new system would not give equal consid- eration to schools on military bases. Rep. Boyer shared an opinion from DOE and Legislative Legal Seivices that state military schools should be considered on an equal basis with other schools in the single list system proposed in HB 37. The comfort level 7 F.� y of his constituents, said Rep. Boyer, would be higher by incorporation of language that changed 'school building' to 'schools that are owned or operated by a district'. The committee adopted all three amendments to HB 37 and CSHB 37(L&C) was moved with individual recommendations. The bill is scheduled for a hearing in House HESS Tuesday, January 31. Senator Coghill has also introduced legislation involving bonds for school debt. SB 12 would call for the state to issue and sell $17,550,000 in general obligation bonds to pay for the cost of the completion of the Glennallen school ($4,300,000) and the construction of the Tok school ($13,250,000). Senators Kerttula and Szymanski have introduced a bill relating to the payment of municipal school construction debt. SB 141 would require the state to assume and make all future payments on municipalities' outstanding indebtedness for schools incurred prior to January 1, 1989. Adequate insurance for the replacement cost of all facilities would also be required. New debt, incurred by a municipality after December 31, 1988 with the approval of qualified voters, would be reimbursed by the state at a rate of 80 percent. Rehabilitation projects of $25,000 or less would be excluded as would the cost of hockey rinks, plane- tariums, sauna, and other facilities for single purpose sporting events, However, swim- ming pools of a standard size would be funded with the municipality paying any design or building costs that exceed the limits set by the department. SB 141, which is almost identical to a bill (SB 341) introduced by Senator Kerttula last session, was referred to Senate Community & Regional Affairs, HESS and Finance, The disposition of the Railbelt Energy Fund is part of almost all discussions on the budget. Senator Faiks prefiled a bill that would appropriate the fund for municipal debt retirement, economic development, and volunteer fire departments. Amounts to communities varied between $71.6 million to Anchorage, $1.7 million to Valdez, $1.8 million to Kenai, or $42,634 to the community of Akhiok. Grants of $25,000 to enhance long-term community economic development would have gone to 65 communities, and 35 groups would have received between $350 (to Telida) and $31,004 (to Rural Deltana) for operations and expenses of volunteer fire departments. The proposed legislation, SB M. JHiH 31 '89- 13:�-F.G 9 80, was referred to Senate Community &Regional Affairs, State Affairs and Finance. Senators Uehling, Sturgulewski and Rodey have introduced legislation (SB 131) that would create the Railbelt Economic Assistance and Recovery Fund. The purpose of the fund would be to provide special financial assistance to Railbelt municipalities to offset the loss of municipal revenues experienced over the last few years and to encourage economic recovery in that portion of the state. SS 132 would establish the fund in the Department of Administration and would capitalize it with $80 million from the Railbelt Energy Fund. Any appropriations to the new fund would be distributed within 60 days to each Railbelt municipality on a per capita basis. The current 'working definition' of a railbelt community includes the City of Kenai. The definition is extended to any community that receives service or is eligible to receive service from a railbelt utility and who does not get power cost equalization. Reportedly, the final definition will be refined further during the upcoming hearings. There is currently about $230 million in the Railbelt Energy Fund. Both bills were referred to Senate State Affairs and then Finance. Governor Cowper proposed creation of a Railbelt Investment Fund in his State of the State address. Under Cowper's plan $160 million would be divided among Railbelt communities over the next two fiscal years with the remainder being deposited in the Alaska Science and Technology Foundation. 0 1989-90 CAPITAL IMPROVEMENT PROJECTS FUTURIE PROJECTS IN PRIORITY 11 REQUEST FOR STATE GRANTS 210 Fidalgo St. Kenai, AK 99611 (907) 283-7535 CITY OF KENAI Request for state Grants 1989-90 Capital Improvement Projects ROADS, WATER & SEWER Road Improvements $1,500,000 Water & Sewer to Thompson Park 3,000,000 $4, 500,000 TOURISM & ECONOMIC DEVELOPMENT Bicentennial Project $2,000,000 HEALTH & SAFETY Street lights, handicap access improvements & other city wide projects $ 250,000 AREA WIDE SENIOR SOCIAL SERVICES Congregate Housing $6,500,000 Senior Citizen Building Addition 500,000 $7,000,000 $13,750,000 S. INFORMATIONAL MATERIALS AND REPORTS (a) Revenue/Exenditure Report (b) Budget Revisions Report (7/88 thru 12/88) T. NOTICE OF NEXT MEETING AND ADJOURNMENT(Feb 7, 1989) 1. 2. 3. jr TO DO L FEBRUAYYY1, 1989 KENAI C COUNCIL L. Quesnel - Report Council on Ports Alaska meeting B. Brighton - Resol ion for Feb. 15 meeting supporting Safe Boating /0foir B. Brighton -ution for Feb. 15 meeting regarding Tort Reform J. Ruotsala -y Sam Huddleston of Council on Aging appointment J. Ruotsala - Kenai Peninsula Caucus dues