Loading...
HomeMy WebLinkAbout1989-03-01 Council PacketKenai City Council Meeting Packet March 1, 1989 AG-NDA KENAI CITY COUNCIL - REGULAR MEETING MARCH 1, 1989 - 7:00 PM C. PUBLIC HEARINGS 1. Ordinance 1305-89 - Amending Kenai Municipal Code, Title 14 Bed 8 Breakfast Establishments .2. Ordinance 1306-89 - Amending Kenai Municipal Code, -- Title 14 - RN Parks ' 3. Resolution 89-17 - Transfer of Funds - Airport Terminal <t `Inspection Contract - $1 , 905 ;< 4. -Resolution 89-18 - Transfer of Funds - Trash Pump for -water S Sewer Dept. - $2,520 5. Resolution 89-19 - Railbeft Assistance 8 Recovery Act 6. Renewal of Liquor License - Uptown - Backdoor and VIP Merit Inn Pizza Hut #9 Peninsula Oilers 7., Renewal of Liquor License - Rainbow Bar 8 Grill G. OLD Business 1. Board of Adjustment Decision - McKechnie/Foster The public is invited to attend and participate. Janet Ruotsala, CMC City Clerk AGENDA KENAI CITY COUNCIL - REGULAR MEETING MARCH 1, 1989 - 7:00 PM A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *A1.1 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 1305-89 - Amending Kenai Municipal Code, Title 14 - Bed & Breakfast Establishments r; 2. Ordinance 1306-89 - Amending Kenai Municipal Code, Title 14 - R/V Parks 3. Resolution 89-17 - Transfer of Funds - Airport Terminal Inspection Contract - $1,905 4. Resolution 89-18 - Transfer of Funds - Trash Pump for Water & Sewer Dept. - $2,520 5. Resolution 89-19 - Railbelt Assistance & Recovery Act 6. Renewal of Liquor License - Uptown - Backdoor and VIP Merit Inn Pizza Hut #9 Peninsula Oilers 7. Renewal of Liquor License - Rainbow Bar & Grill D. COMMISSION/COMMITTEE REPORTS w. 1. Council on Aging 2. Airport Commission 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, February 15, 1989 F. CORRESPONDENCE G. OLD BUSINESS 1. Board of Adjustment Decision - McKechnie\Foster H. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified ------2-. Requisitions Exceeding $1,000 3. *Ordinance 1307-89 - Increasing Rev/Appns - Senior Citizens - Emergency Food & Shelter - $3,575.24 4. Consent to Assignment to Stephen J. Karakash 5. *Games of Chance & Skill - People Count 6. Discussion - Weekly Teleconference with Local Legislators 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 1, t 1. 2. 3. 4. 5. 6. 7. 8. 9. "VP INFO ITEMS MARCH 1, 1989 TO DO List, Feb. 15, 1989 Kenai Borough Agenda, Feb. 21, 1989 EDA Director - Cold Storage Facility Resource Development Council Newsletter Transfers Under $1,000 Feb. 1989 Kenai Borough Minutes Dec. 6, 1988 Kenai Borough Minutes Jan. 17, 1989 Kenai Borough Minutes Jan. 3, 1989 - Feb. 1989 Billing - G&S Contractors - Airport Terminal Remodeling - $669,188 Cable TV News Clipping "'JUNCIL MEETING OF r y y y y Y'-)/ X, Y. y f COUNCIL MEETING OF 3 - - AGENDA KENAI CITY COUNCIL - REGULAR MEETING FEBRUARY 15, 1989 - 7:00 PM A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non -controversial by the Council and will be approved by one motion. There will be no separate discussion of these items unless a Council member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. B. SCHEDULED PUBLIC COMMENT (10 Min.) 1. Mike McLane - Inlet Woods 2. Larry Powers - Lease of Tidelands C. PUBLIC HEARINGS 1. Ordinance 1302-89 - Increasing Rev/Appns - VIP Streets Capital Improvement Project - $915,000 2. Ordinance 1303-89 - Increasing Rev/Appns - Candlelight, Linwood Streets Capital Improvement Project - $649,000 3. Ordinance 1304-89 - Increasing Rev/Appns - E. Aliak, Highbush Streets Capital Improvement Project - $273,000 4. Resolution 89-11 - Continuation of E. Aliak, Highbush Assessment District 5. Resolution 89-12 - Continuation of VIP Dr., Lora Way, Watergate Way, Ketch Ave., Pirate Lane, Muir Ave. Assessment District 6. Resolution 89-13 - Continuation of Candlelight Dr., Linwood Lane, Kaknu Way, Kiana Lane, Baker St., Lawton Dr. Assessment District 7. Resolution 89-14 - Recommending Passage of Safe Boating Bill 8. Resolution 89-15 - Requesting Legislature Enact Comprehensive Tort Report Legislation 9. Renewal of Liquor License - Rainbow Bar & Grill Oaken Keg Spirit Shop #58 Eagles #3525 10. Renewal of Liquor License - Little Ski Mo Drive Inn D. COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Economic Development Commission 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. *Sen. Stevens - P-3 Orion Project, Job Corps Site, Alaska Conference of Mayors 2. Sen. Uehling - Railbelt Assistance & Recovery Act 3. *Alaska Assoc. of Municipal Clerks President Drexler - Intl. Institute of Municipal Clerks Meeting in Anchorage 4. *Alaska C&RA Commissioner Hoffman - FY 89 Municipal Assistance Payment 5. Girdwood Bd. of Supervisors - Accelerate Improvements on Seward Hwy (Girdwood to Bird Creek) G. OLD BUSINESS H. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Requisitions Exceeding $1,000 3. *Ordinance 1305-89 - Amending Kenai Municipal Code, Title 14 - Bed & Breakfast Establishments 4. *Ordinance 1306-89 - Amending Kenai Municipal Code, Title 14 - R/V Parks 5. Disc. - Jesse Wade Request - Dena'Ina Pt. S/D 6. Approval - Airport Terminal Renovation - Change Order 41 - Asbestos Removal 7. Approval - Boating Facility Project - Increase in Engineering - Wm. Nelson Engrg. 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 FEBRUARY 15, 1989 - 7:00 PM KENAI CITY HALL MAYOR JOHN J. WILLIAMS PRESIDING A. CALL TO ORDER Mayor Williams called the meeting to order. A-1 Pledge of Allegiance A-2 Roll Call Present: Marj O'Reilly, Hal Smalley, Linda Swarner, John Williams Absent: Chris Monfor, Art McComsey, Ray Measles A-3 Agenda Approval Mayor Williams spoke. a. Additional material for items C-4 and C-6, Assessment Districts, was distributed this date b. Application for Games of Chance & Skill for Moose Club, distributed this date, be added as item H••8. C. 4 items distributed this date and identified as I-1 items, be added under Mayor's Report. d. The Senior Citizen Housing Report, distributed this date, be added to the packet. e. Councilwoman Swarner distributed a report on hei- trip to Juneau. f. Add Res. 89-•16 as item C-11. MOTION: Councilman Smalley moved, seconded by Councilwoman O'Reilly, to approve the agenda as amended. Motion passed by unanimous consent. A-4 Consent Agenda Council approved the Consent Agenda as submitted, by unanimous consent. B. SCHEDULED PUBLIC COMMENT B-1 Mike McLane - Inlet Woods Mike McLane, Box 2504, Kenai. I wrote a letter last summer to Council through City Manager Brighton regarding our inability to pay the assessments. I contacted Mr. Brighton on a number of occasions in order to meet with Council. I wanted an opportunity to explain the reasons why we could not pay. I was told the City was considering options and it was not a good time to get together. The first response was in the Clarion that the City was seeking outside counsel. We were not notified. An executive session was called. I asked Mr. Brighton to express our surprise. On Feb. 1, 1989 I received a copy of a letter from Atty. Rogers that a suit was being done Feb. 10, 1989. Our financial dealings with the community have been honorable. I regret having to lay this out in public: forum. But I cannot remain silent. Inlet Woods began 5 years ago. We worked out with the City Council one KENAI CITY COUNCIL FEB. 15, 1989 PAGE 2 of the best areas in the City. We are proud of our subdivision and believe it is an asset to the City. The streets and utilities were constructed as an LID. Now it looks like the City does not only want to have the property but sue us as well. The property was purchased from Hedley Parsons for $400,000. 6 partners were involved, 4 members of the McLane family, Bruce Robson and George Bradford. Ove:- the last 5 years, the real estate market collapsed, the IRS instituted major tax revisions regarding interest and capital gains, real estate taxes escalated. $500,000 of our own money was put into Inlet Woods, $300,000 was paid in taxes to the Borough and cities, and the 2 partners left the State. Our financial statement shows a lack of financial reserves. We negotiated with Mr. Parsons. In June 1988 a letter was sent to the City asking the City to examine the situation. Deeds to our interest in the land were offered. My hope was the City could cut their losses by discounting the assessments to sell the lots and gf!t the property off the delinquent rolls. Instead the City has chosen to sue us, based on an admittedly untested legal theory. My family has acted responsibly throughout this transaction. Based on an untested legal action, my family will suffer bankruptcy, the title will be clouded, 16 jobs will be gone. Nobody will benefit. The City will end up with Inlet,Woods whether there is a law suit or not. The title will be transferred to you by the Borough about March 1, 1989 I had hoped a realistic strategy to resolve this could be developed. We are not allied with one particular town. To destroy this business will not change the financial facts. Mayor Williams. Council has retained legal counsel in this matter and we are not at liberty to discuss this We sympathize but find ourselves in a tenuous situation. The City had to bond for this project, it is in debt over $2 Million for this project. The good faith and credibility of the City require that we pay these bonds. The first payment has been made. we wi:'1 be over $400,000 in debt with this by next year. It :i_s not an easy matter. The collapse of the real estate market in this state has affected many people. There is nothing we can discuss this evening. Mike McLane. My point was to get this to Council. Mayor Williams. Council has been appraised. Administration has kept us informed. There is nothing Council can do at this time. We will be working on it: over the next several months. B-2 Larry Powers - Lease of Tidelands Mr. Powers was not present. C. PUBLIC HEARINGS C-1 Ord. 1302-89 - Increas. Rev/Appns - VIP Streets Capital Improvement Project - $915,000 MOTION: Councilman Smalley moved, seconded by Councilwoman Swarner, to adopt the ordinance. There was no public comment. KENAI CITY COUNCIL FEB. 15, 1989 PAGE 3 Motion passed unanimously by roll call vote. C-2 Ord. 1303-89 - Increas. Rev/Appns - Candlelight, Linwood Streets Capital Improvement Project - $649,000 MOTION: Councilman Smalley moved, seconded by Councilman Smalley, to adopt the ordinance. There was no public comment. Motion passed unanimously by roll call vote. C-3 Ord. 1304-89 - Increas. Rev/Appns - E. Aliak, Highbush Streets Capital Improvement Project - $273,000 MOTION: Councilman Smalley moved, seconded by Councilwoman O'Reilly, to adopt the ordinance. There was no public comment. Motion passed unanimously by roll call vote. C-4 Res. 89-11 - Continuation of E. Aliak, Highbush Assessment Dist. MOTION: Councilwoman Swarner moved, seconded by Councilwoman O'Reilly, to adopt the resolution. There was no public comment. Motion passed by unanimous consent. C-5 Res. 89-12 - Continuation of VIP Dr., Lora Way, Watergate Way, Ketch Ave., Pirate Lane, Muir Ave. Assessment Dist. MOTION: Councilwoman O'Reilly moved, seconded by Councilman Smalley, to adopt the resolution. There was no public comment. Motion passed by unanimous consent. C-6 Res. 89-13 - Continuation of Candlelight Dr., Linwood Lane, Kaknu Way, Kiana Lane, Baker St., Lawton Dr. Assessment Dist. MOTION: Councilman Smalley moved, seconded by Councilwoman O'Reilly, to adopt the resolution. PUBLIC COMMENT: a. Beth Thompson, 1004 Kaknu, Kenai. I don't want to pay $200. The lot next to me is owned by a man from Texas. If he does not pay, do you leave ttis unpaved? Will our taxes go up? The assessment goes up. Mayor Williams. The assessment has been set at 12% of the cost of the pavement. Yours is $210 for 10 years, $40.80 per year. KENAI CITY COUNCIL FEB. 15, 1989 PAGE 4 Councilwoman Swarner. Last summer I checked with an appraiser. He said it does not matter whether it was paved or not, the cost was the same. Ms. Thompson. It could change next year. I don't want my taxes to go up. I can water my street. You have city trucks to do this. Mayor Williams. We do not have city trucks to water the streets. Ms. Thompson. I don't want it paved and do not want to pay for it. I cannot see how taxes won't go up. The value will go up. Mayor Williams. The City has the lowest tax rate in Alaska. Ms. Thompson. That will change sooner or later. Taxes will go up. The Mayor had said last year it would not cost us anything. Mayor Williams. I tried to get this but could not. Ms. Thompson. What happened to the money appropriated? Mayor Williams. That is what we are using. It will not cover all of it. We are pulling out of General Fund $60,000 in addition. Ms. Thompson. Our taxes will not go up? Mayor Williams. Not as a result of road paving. City Manager Brighton. Because your road is paved or not paved, your taxes may go up anyway. Paving will not necessitate a tax increase. Ms. Thompson. Will they go up more with paving? City Manager Brighton. As long as it is gravel, we will grade once a week. With paving, we will not come out till it snows. That is a savings to the City. Mayor Williams. Your portion of the assessment is 12% of paving only. The up -grade is from grant funds. The assessment is 7-1/2% with all included. Ms. Thompson. We don't pay for preparing the road? Answer - right. Ms. Thompson. The $204 I would have to pay, what if I don't pay? Mayor Williams. A man was just here and has road improvements and cannot pay. Councilman Smalley. I called the Borough assessor. He said they re -assess every 3 years. Most likely there will be tax increases in the future whether you pave or not. Ms. Thompson. Does $204 I pay go up the driveway? Public Works Director Kornelis. Just to the property line. Ms. Thompson. How much more will it be to do the whole driveway? Mayor Williams. About 4 times as much. Ms. Thompson. will you fill in if there are pot holes, etc.? Will there be a lip where the dirt washes out? Councilman Smalley. I lived on Beaver Loop; it is paved, the side roads are not. It was no problem. Ms. Thompson. Is this appropriated for sidewalk3? There are a lot of kids there. Mayor Williams. KENAI CITY COUNCIL FEB. 15, 1989 PAGE 5 VOTE: Curb and gutter would run the cost so high we would not have money to do it. It is strip paving only. Ms. Thompson. If I have enough for a petition, will you not pave? Public Works Director Kornelis. You have to have 51% of the project. Ms. Thompson. This is not fair for all streets +:o be involved. Mayor Williams. 51% of all of the people. Ms. Thompson. How can we re -arrange so it will x)e just Kaknu? Answer - Council must change the Code. Motion passed by unanimous consent. Mayor Williams. After several years and many public hearings, I am happy to say we will have the roads paved. Unidentified person. When will it be done? Public Works Director Kornelis. All those other than VIP wi11 start in the Spring. VIP will require utility work. Mayor Williams. There is also $2 Million worth of work to be done at the airport. Finance Director Brown. Council has not picked the payment terms. The time to do this is at the end of the job. Mayor Williams. There has been discussion at Council, some of the payments are very low. We may have immediate payment on very low amounts. Assessments will not go over 12% of actual cost of paving. Unidentified person. Can the streets off VIP be assessed and paved? Public Works Director Kornelis. Only those that are facing the street. Unidentified person. How do we get on paving list? 4e are off VIP. Mayor Williams. VIP is most expensive. We will have to get more money. C-7 Res. 88-14 - Recommending Passage of Safe Boating Bill MOTION: Councilman Smalley moved, seconded by Councilwoman O'Reilly, to adopt the resolution. There was no public comment. Motion passed by unanimous consent. C-8 Res. 89-15 - Requesting Legislature Enact Comprehensive Tort Reform Legislation City Manager Brighton. The resolution states this was requested by Council, it was not. Council did not take action on this. Council took no action. C-9 Renewal of Liquor License - KENAI CITY COUNCIL FEB. 15, 1989 PAGE 6 Rainbow Bar & Grill Oaken Keg Spirit Shop #58 Eagles #3525 Clerk Ruotsala reported the Oaken Keg and the Eagles are current in their taxes. She requested a 30 day extension for the Rainbow Bar. MOTION: Councilwoman O'Reilly moved, seconded by Councilwoman Swarner, to recommend non -objection for the Oaken Keg and the Eagles, and request 30 extension for the Rainbow Bar. Motion passed by unanimous consent. C-10 Renewal of Liquor License - Little Ski Mo Drive Inn Clerk Ruotsala reported they are now current in their taxes. Councilman Smalley moved, seconded by Councilwoman O'Reilly, to recommend non -objection for the Little Ski Mo. Motion passed by unanimous consent. C-11 Res. 89-16 - Requesting Legislature Grant Relief to Municipalities and Local Governments from AK 47-37, as a Result of the Supreme Court's Ruling in the Busby Case MOTION: Councilwoman O'Reilly moved, seconded by Councilman Smalley, to adopt the resolution. There was no public comment. Motion passed by unanimous consent. D. COMMISSION/COMMITTEE REPORTS D-1 Council on Aging None D-2 Airport Commission Mayor Williams asked about the Peninsula Cruisers. Airport Manager Ernst. The have requested the north end of Willow St. as a cruising area. Also, item 6-d - this was not the reacquisition of land, it was the acquisition. Mayor Williams. With the new administration, we will have to start the homeporting issue over again. D-3 Economic Development Commission Mayor Williams. He will be appointing new members soon. D-4 Harbor Commission KENAI CITY COUNCIL FEB. 15, 1989 PAGE 7 Mayor Williams. The study by Mr. Coughenower will be ready soon. It will not be for the last 2 seasons. He has a problem with getting information from the State. D-5 Library Commission Librarian DeForest. There will be a State conference in Homer March 3. There will be a Trustees Day, all members of the Council are invited. There will be 119 librarians, 140 vendors. D-6 Recreation Commission None D-7 Planning & Zoning Commission None D-8 Misc. Comm\Comm a. Councilwoman Swarner. The Beautification Comm. has asked that the back of the "Welcome to Kenai" sign state "Thank You for Visiting Kenai." Mayor Williams suggested the Beautification Comm. come up with ideas. Councilwoman O'Reilly. With the angle, would you see it from the road? Councilwoman Swarner will discuss it at the next Beautification Comm. meeting. Mayor Williams. What is the cost of a light for the "Welcome to Kenai" sign? Public Works Director Kornelis. About $2,000 for transformer and pole. b. Mayor Williams. I am working on a program for enhancement of the old skating area at the bottom of the gully below the ball parks: a park with ski & sled trails and a pond. Councilwoman Swarner. That should go to the Recreation Comm. Mayor Williams. The Beautification Comm. is interested in Lawton Strip. It will need top soil. Mayor Williams. I have had Phil Bryson design the preliminary drawings (for a park in the old skating area). There will be wetlands and stream rehabilitation work, and fish ladders. It could be done as a JTPA project, also summer youth employment and Wildwood prisoners. Councilwoman Swarner. Is this part of the land trade with the State? Mayor Williams. Part of the reason to get this on paper is, when we have to discuss we have a better position to arbitrate. Since our last correspondence to them they have not written back. E. MINUTES E-1 Regular Meeting, Feb. 1, 1989 Approved by Consent Agenda F. CORRESPONDENCE F-1 Sen. Stevens - P-3 Orion Project, Job Corps Site, Alaska Conference of Mayors KENAI CITY COUNCIL FEB. 15, 1989 PAGE 8 Approved by Consent Agenda. F-2 Sen. Uehling - Railbelt Assistance & Recovery Act Mayor Williams. Sen. Uehling has 3 bills regarding the Railbelt. He would like some support from the Railbelt areas. The Railbelt fund will probably not withstand the onslaught of the Legislature. Council agreed to have Administration prepare a resolution. F-3 AK AAMC President Drexler - AAMC Meeting in Anchorage F-4 AK C&RA Commissioner Hoffman - FY 89 Municipal Assistance Payment Approved by Consent Agenda. F-5 Girdwood Bd. of Supervisors - Accelerate Improvements on Seward Hwy (Girdwood to Bird Creek) No action taken by Council. G. OLD BUSINESS None H. NEW BUSINESS H-1 Bills to be Paid, Bills to be Ratified MOTION: Councilwoman O'Reilly moved, seconded by Councilman Smalley, to pay the bills as submitted. Motion passed by unanimous consent. H-2 Requisitions Exceeding $1,000 MOTION: Councilwoman O'Reilly moved, seconded by Councilwoman Swarner, to approve the requisitions as submitted. Motion passed by unanimous consent. H-3 Ord. 1306-89 - Amend. KMC Title 14 - Bed & Breakfast Establishments H-4 Ord. 1306-89 - Amend. KMC Title 14 - R/V Parks Approved by Consent Agenda. H-5 Disc. - Jesse Wade Request - Dena'Ina Pt. S/D Admin. Asst. Howard distributed 2 memos from Finance Director Brown and the request from Jesse Wade. City Manager Brighton. He has an opportunity on the basis of partial releases to get a release on one property with an additional $1,800 and turn the remainder back to the City. He has paid $280,000 to the City, 10% will be lost. Mr. Brighton and Finance Director Brown recommend partial release on Tract B-8 and turn the remainder back to the City. Mayor Williams. Should the Administration prepare a document after recognizing the special request from Mr. Wade for review? City Manager Brighton. I am not sure this is appropriate. I received a call from him this date altering his KENAI CITY COUNCIL FEB. 15, 1989 PAGE 9 terms. He wanted to change the terms, Council should decide first. MOTION: Councilman Smalley moved, seconded by Councilwoman Swarner, that Administration work out a proposal for partial release for Jesse Wade for Lot B-8 regarding his letter, and take back the remainder of the real estate involved. Atty. Rogers. Whether or not the Council will let him rescind, he wants permission to do so. Mayor Williams. Dave Brown is involved with one of these tracts, could he speak regarding this? Council agreed to have Mr. Brown speak. Dave Brown, Kenai. I am speaking on my behalf only. I am offering an alternative that could be beneficial to the City. Mr. Wade has made this offer so he can bring himself out of a heavy burden on monthly payments. But if the City goes this route, they will be losing income on a monthly basis. I feel the land is marketable a, -- it is now. If it goes back to the City and has to be paid out at depressed value, the City may be sitting on it for several years. He requested a one month moratorium on payments to allow me to get together tc take over this property. Mayor Williams. To assume Mr. Wade's obligation? Dave Brown. Yes, or at least to put together a partnership to do this. Atty. Rogers. We have a land disposal system that does not provide for this. I would caution Council on exceptions to the Code. Mayor Williams. Is Mr. Wade current? Answer - yes. Dave Brown. It would happen in one month. Finance Director Brown. The City did not initiate this process. They will not be doing anything in one month. You can do something with Mr Wade, the City will not be party to this. Dave Brown. It is pressure on his side. Finance Director Brown. The City will not take action in one month. Dave Brown. He is in a hurry to bow out of payments. He wants to do this before the next payment. City Manager Brighton. The motion of Council has not been voted on yet. It is to arrange partial release on B-8 and take back all the real estate. Why would we not act on this :in 30 days? Finance Director Brown. We cannot take it back. He has not offered. City Manager Brighton. lie will be as soon as possible. Finance Director Brown The City may proceed on these lines. Control on thi; is in Mr. Wade's hands. City Manager Brighton. If Council agrees to the proposal, he will follow up immediately. Atty. Rogers. Council directed mutual rescission of property with partial release of one lot. Councilman Smalley. If Mr. Brown and Mr. Wade meet, that is not up to us. Finance Director Brown. It i3 up to Mr. Wade to take the next step. I would like �o make sure the motion is for partial release pursuant to contract. Atty. Rogers. We are not negotiating. This is a mutual decision to take back the land. Do not suspend the contract relative to payments. MOTION, Addition: Councilman Smalley moved, with consent of second, to add to the end of the motion, "pursuant to contract." KENAI CITY COUNCIL FEB. 15, 1989 PAGE 10 VOTE: Councilwoman O'Reilly asked that Administration prepare the paperwork and bring it back to Council. Mayor Williams. That will give Mr. Wade time to negotiate. Motion, with addition, passed by unanimous consent. H-6 Approval - Airport Terminal Renovation - Change Order ' #1 - Asbestos Removal r Public Works Director Kornelis. We are aski approval of the change order and t in se the "Yiot-to-exceed figure for /e*trg-ab2X $1,905. 1c� Councilwoman O'Reilly. ;4hy is an architect requi ed tc remove asbestos? Public Works Director Kornelis. That is for work done to this point: testing, paperwork, J extra inspection. Councilman Smalley. Is it possible they will find more? Public Works Director Kornelis. I cannot say, but I doubt it. Councilwoman Swarner. Councilwoman Monfor told her she thought the cost was high. Public Works Director Kornelis. The contractor received at least one other bid, it was $3,700 higher than this. It is costly for removal and disposal of asbestos. Councilman Smalley. They have to have temporary walls and special suits. Mayor Williams. Are you satisfied that there is no more asbestos? Architect Kluge. Yes. I don't see any more. Since last Council meeting, they had taken a sample downstairs, the tile had been replaced and was not the age of the other tiles. But the majority is asbestos. MOTION: Councilman Smalley moved, seconded by Councilwoman O'Reilly, for approval of $21,840 for the airport asbestos problem and for architect fee as outlined in the letter. Motion passed unanimously by roll call vote. H-7 Approval - Boating Facility Project - Increase in Engineering - Wm. Nelson Engineering Mayor Williams. There are sufficient funds for legal fees. The claim in the law suit is $2,254. Public Works Kornelis. It would be well worth it if and when it goes to court. He recommended approval. Finance Director Brown. It was approved, this is for information. MOTION: Councilman Smalley moved, seconded by Councilwoman O'Reilly, to pay $2,254 fee for Western Marine vs City of Kenai. Motion passed unanimously by roll call vote. H-8 Games of Chance & Skill - Moose Lodge #1942 MOTION: Councilman Smalley moved, seconded by Councilwoman O'Reilly, for non -objection of the application. Motion passed by unanimous consent. KENAI CITY COUNCIL FEB. 15, 1989 PAGE 11 I. ADMINISTRATION REPORTS I-1 Mayor Mayor Williams spoke. a. The Legislature is moving ahead with the budget, they have cut $200 Million, they will borrow $30) Million from the Permanent Fund. They are planning to go after Municipal Assistance and Revenue Sharing, it is not sacred. The Governor and Legislature are meeting Feb. 18 at the high school. His trip report was in the packet. The State has $1 Billion on hand. b. There are 2 seminars in Anchorage in March. He would like to attend the seminar on "How to Make Powerful Presentations." He is dealing with powerful forces in the Legislature. We have the money in the budget. Councilwoman Swarner. Are you going to lobby? Mayor Williams. This is to lobby the Legislature more expertly. Council had no objection. C. Alaska Airlines Port Page. The cost is $385+. had planned to run an ad in the April issue of Alaska Airlines magazine; black & white, 1/6 page. Councilman Smalley. I spoke against this. We had one for $1,700 that ran up to $2,600. At this point, everybody that is involved with the harbor: knows about it. I don't think we are gaining that much from this ad. Mayor Williams. I had anticipated this would come out of the boating fund. Public Works Director Kornelis. I though - it was to come out of advertising budget of $6,000 that was to be used for brochures. We did not do the brochures. Councilwoman O'Reilly. Who would read this? Commuters and travelers would not use it. Mayor Williams. One of our large sources or income is fuel, we advertise this. We anticipate increasing fuel sales this year. One fuel sale profit was enough to pay for this 3 times. Councilwoman Swarner. It should be out of the advertising budget and not exceed $400. Public Works Director Kornelis. The last ad did not give all details. This is directly with Alaska Airlines, not a public relations firm. Mayor Williams. The public relations firm changed the fee. Councilwoman Swarner. Will there be change for doing up the ad? Answer - no. [VI i aUS) Councilwoman Swarner moved, seconded by Councilman Smalley, to put the ad in the magazine, not to exceed $400. Motion passed by unanimous consent. d. The Bicentennial pins. There was a question as t:o use of the logo. Yes, we do own it. This is the standard logo that we own. Ms. Odd has said she will sell us rights to all for $500. This will be City, Bicentennial and Chamber of Commerce purchase, $900 for 1,000. Council had no objection. KENAI CITY COUNCIL FEB. 15, 1989 PAGE 12 e. The color of the letters in the airport sign. Wildwood Prison metal shop will build - 2 ft. high, concrete imbedded. Councilwoman Swarner. Can I take this to the Beautification Comm.? Mayor Williams. Gold has been proposed. f. The reception for the Russian representatives is Thursday, Feb. 23, at Mr. D's, sponsored by the Bicentennial visitors & Convention Bd. g. Regarding the proposed Senior Citizen Program. EDC wants direction as to importance. The Senior Housing report has been distributed to Council and EDC. Councilwoman Swarner. As a long term goal it is good. But we should not be giving EDC goals. They should be setting up their own. Mayor Williams. Their concern is Council directed them to only pursue to a point and they had to come back to continue. They don't want to start major projects if Council does not feel it is worth pursuing. Councilwoman Swarner. We should not be telling them what to do. Only as a long term project. h. Mayor Williams requested Council review his material distributed this date. i. The Senate Finance Committee met regarding the Governor's capital budget. Kenai's $1 Million request is still in there. I-2 City Manager None I-3 Attorney Atty. Rogers spoke. a. The Dairy Queen RFP ad will be in Friday's paper, a 10 year lease with option to purchase. The lease is $1,600. One time premium paid over the above minimum, they will be able to enter into a lease option any of the 9 years in the 10 year lease. b. The airport RFP ad will be in the paper Friday, the bar, restaurant and gift shop. An 8 year lease. The bar $2,500, the restaurant $1,500, the gift shop is higher. Airport Manager Ernst. $2,500 minimum for the bar, $1,500 for the restaurant. One time premium to be paid, the highest is the winner for the gift shop. An 8 year term in the restaurant and bar equipment is depreciated for one more year. Mayor Williams. They are furnishing the equipment? Answer - yes. Atty. Rogers. We stay out of their books. Before it was based on a revenue basis. We do not want this. a. (contd) We did not have a minimum on the Dairy Queen. We probably should have. It may be too late to change this. Mayor Williams. How did you arrive at the bid? Atty. Rogers. 6% of appraised value. Admin. Asst. Howard, property and building. b. (contd) Mayor Williams. What is the airport KENAI CITY COUNCIL FEB. 15, 1989 PAGE 13 minimum? Airport Manager Ernst. The bar in sq. footage is less than the restaurant but more lucrative. The bar is 1,621 sq. ft., @ $1.65 pej: sq. ft. is $1,915. The restaurant is 1,735 sq. ft., at the same rate it is $2,800. The previous; owner paid $4,100, we thought $2,500 was a good figure. We wanted to keep the rate reasonable to help them make a go of it. The restaurant, at $2,800 was excessive. $1,500 seemed reasonable. The gift shop, based on 300 sq. ft. at $1.65 rate is $495. Councilman Smalley. Who owns the liquor license? Atty. Rogers. It goes with the bar. ABC was demanding a license. We got off the license. ABC said it is a convenience license for travelers, it goes with the premises. They have to have a lease with us. Councilman Smalley. Do they attach liability to the City? Atty. Rogers By owning the premises only. C. Regarding litigation on the golf course. Mr. Morgan has a cross -claim that we need to indemni=y him. d. Information on the Jackson case is in the packet It will be national coverage. Mayor Williams. The title is wrong (Kenai Peninsula Borough). Atty. Rogers. The Borough enjoined it. e. Friday's Peninsula Clarion will have the foreclosure list in it. f. AML called regarding the Busby case. There will be testimony Feb. 16. Lobbyist Reed is working on it. There will be another hearing. The Governor - wants language that holds cities to pick up and protect people against themselves. I said there was no ground for compromise in AML legislation. I-4 City Clerk Clerk Ruotsala spoke. a. Item 5-3. The International Institute of Municipal Clerks will be having their international conference in Anchorage in 1994. This is a large group, and quite a success for the Alaska clerks. A telephone poll was conducted Feb. 2, 1989 requesting Council approval to issue a purchase order to Kenai Electric for $1,625 for heat tape from the airport terminal building to a manhole on willow St. 3 members were out of town, Councilmen Measles & Smalley, Councilwomen O'Reilly & Monfor voted yes. There will be a potluck for the Soviet guests on Feb. 21 at Soldotna Elementary, Council is invited. d. There will be a Unocal reception in Anchorage Feb. 22, Council is invited. e. Mayor Williams urged Council to attend as many functions for the Russians as possible. We have Bob Williams to thank for the reception put on by the Bicentennial Visitors & Convention Bd. Chairman Kobetes has said he wanted to specifically come to Kenai. KENAI CITY COUNCIL FEB. 15, 1989 PAGE 14 I-5 Finance Director None I-6 Public Works Director Public Works Director Kornelis spoke. a. OSHA had an inspection of Public Works building:. They complimented them on their operation. There may be a few things in the report. b. The dock project - parking and staging area will go out to bid March 29. It will cost more than $85,000, approximately $130,000 to $140,000. I-7 Airport Manager None J. DISCUSSION J-1 Citizens a. Ed Call, 1202 Lilac, Kenai. I have been trying to get a street light in our subdivision, especially while school is on. There is a pole and transformer near the corner where the bus stops, one light would do. With the school bus stoppirg, it is real bad out there. This is at the corner of Lilac and Cook Inlet View. Public Works Director Kornelis will check on this. J-2 Council a. Councilwoman Swarner. Regarding Mayor Williams' report (item I-1), I did not attend the breakfast with the legislators. b. Councilwoman Swarner. I visited the State Library, tourism department and APOC offices in Juneau at the AML Legislative meetings. The Legislature is not in favor of State sales tax. Talking with the local legislators, they are very interested in keeping in closer contact with local people. Would Council like a weekly teleconference at 6:30? Mayor Williams. We have, not had them on a regular basis. We could discuss with the whole Council. Council agreed to discuss this. Councilwoman Swarner will spearhead this. C. Councilwoman Swarner. AML wants the City lobbyist to lobby for all AML platforms. Atty. Rogers. That was discussed. I am opposed. We are paying Mr. Reed for special things. There is policy being made by AML at these meetings. We may want to push AML to take part of this, but there is plenty of time to do this. Mayor Williams. Our lobbyist will lobby those things we request and those that are sensitive to us. One of my reasons for involvement with Alaska Conference of Mayors is we have the same vote as all cities. d. Councilman Smalley. Items H-3 and H-4 refer to R/V parks and Bed & Breakfast Establishments. He asked Council to review them. Mayor Williams. KENAI CITY COUNCIL FEB. 15, 1989 PAGE 15 Thanks to P&Z for getting them out in a timely manner. e. Mayor Williams. I will be absent from the March 1 meeting. f. Mayor Williams acknowledged the student representative from KCHS. K. ADJOURNMENT Meeting adjourned at 9:30 PM. �d J ' Janet Ruotsala City Clerk 1791-1991 CITY OF KENAI igapdal 4 ,Qia,-t"„ 210 FIOALGO KENAI, ALASKA 99611 TELEPHONE 283-7535 FAX 907-283-3014 MEMORANDUM TO: Janet Ruotsala, City Clerk City of Kenai FROM,; mothy J. Rogers, City Attorney c- tv of Kenai DATE: Larch 2, 1989 RE: Zoning Appeal of. David A. McKechnie Attached please find a copy of the Decision in the Zoning Appeal of David A. McKechnie. I am forwarding this copy of the Decision to you nor your file. TJR/clf Attachment Timothy J. Rogers City Attorney CITY OF KENAI 210 F,dalgo Ken a, Alaska 99611 283 3441 FAX 293 3014 T:E BOARD OF ADJUSTMENT FOR THE CITY OF KENAI IN THE MATTER OF THE ZONING } APPEAL OF: ) 1 DAVID A. MC KECHNIE } DECISION Based on the admissible testimony as presented during the Board of Adjustment Session of February 1, 1989 and the Planning & Zoning Commission meeting of December 14, 1988, the Board of Adjustment hereby denies the above -captioned appeal. The Boara of Adjustment upholds and incorporates by reference the decision of the Planning & Zoning Commission. .S_ DATED: This day of March, 1989. SIGINED : \ oh�J //YJilliams, mayor Ray.Wond Meas e�; Vice -Mayor � /I I / A J.-n1l Chris Moi(�or J Cou it Member Marj ;Reiily,nCounciV"Iember Linda Swarnefr, Council Member 1 - DECISION Art M Comsev, Coun yl_ 114mber Hal Smalley, Co it Member 1791-1991 CITY OF KENAI „ Dd Oad� 4 44z"d„ 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE283-7535 FAX 907-283.3014 MEMORANDUM TO: Council Members City of Kenai FROM: mothy J. Rogers, City Attorney of Kenai DATE: Feburary 22, 1-989 RE: coning =,ppeai of David A. McKechrie to the 3oara of _ d;uszment Enclosed is a -,-erratim transcript of the Planning & Zoning Meeting o: 3ece:7�.oer 14, 1933. Also enclosed is a proposed decision of t:le -- peal f:,r ,,our consideration. if you do not agree wit: the prcpcsed ec�sion, please contact me concerning this matter. be c rculatea at the March 1, 1989 Council ..eet_ your signature. TJR/clf Enclosures PARTIAL VERBATIM ;KENAI PLANNING & ZONING COMMISSION MEETING DECEMBER 14, 1588 ITEM D._ RE_S_O_UTTON 88-26: CONDITIONAL_ USE PERMIT FOR LUCKY ANGLER_- V__PARK - GOVT. LOT._ 5, SEC.. _2 - FOSTER BROTHERS LOPER: ?nvone who 3 not l-�mlliar bpi' t i1ane cr 1ream,_' �:a1_; ,I A .Ihen is It SMALLEY: No. LOPER: Yes, I think SMALLEY: It was later than it: was the -ic7,11 . . . LOPER: It was before Coun,--i SMALLEY: It was in LOPER: Yeah. it: came bark from L-nerm . . . inar.rdibl?. . -1- j fr 7 1 NAULT: L OFER: r1c), it' s O'REILLY: 11-1h,9t � i c� V Cp..—n-- u L C o L 0 1 -:E R As an ? -M] T7 or, r grave 'L NAULT: And thi . C LOPER: Right, whole same... NAULT: And their inten'c a e e r -9 t i "D I which is what the !Derm-ir was for, only to modify ..inaudible... LOPER: No, no, no, no, ro. cof-idi I -i i lot have it contirue as err-eveL -L -,-ncenoe(d have it filled 3s a 3n,I the=n right? VOICE: We 1 1 , no. Th-r-e' r,rrDcess W U !_ Ckav, le:. - - - 1e r- t) 1 EPNNOCK: VAULT: Second? ^` L. T . N UL Fr -.ter, 1 woui _.y and answer any VAULT. already �.a ✓r ,a _ - - correcr FOSTER: That's correct. VAULT: That includes Dr -Goosed lan(l use after the gravel ;wit � 3 - - _._-_. _ _ L o_.sing � ✓�io rnent. Correct? FOSTER: That is correct. VAULT: Okay, all right. proposed land use be to Lie RV Park-1. -3- r'iS T E- Okay. env --I T, i1i (,]AULT � e n Use Permit .. . LOPER: Jor" r—memner. -)ir-I "f ere (ioLnri —ir '-:'emS to T�: VI-1-1 0 S T E P think -o. x i s t i r g I -, C I I s,ubdivisJ-:-�n. NALILT . Now Yr:)ur Chive':' FOSTER That s cor-rec L;rive and like I t h i nk I Apr I c 7 prevent, you <now, I— t for any of the... no max would be bothered b, .he (-JjsL. NAULT: And that, your Plan given u jo t-! C from Angler Drive an( -I -)ave the FOSTER: That's right. 1.,'il-n -h- I-wo i--- entrance and -xif- w,ii.!Ld be off of 3eqv�r will be cj()se,j olf- -4- NA-_ - - d j ni a ia i� FQS77R-. we -004"g- out of Phase V -ns V-) come out bef"Ve ocr_1 -nnjjV -- --- -j worKing K- and our -4n-y ana ony from ever having a conflict- BANNOCK: "r. To3rer 0-0 0 nQy cc-4- oi- winn ro te opra— —ant. 'PST73: Well tmat,A reql�V yedr or the year 17EIr coj n7 OT or&vvi that s 1� i of C i t Y upqrawe s:rvwci trere for --nso cretty fw�z. SLICK. How many yn-aa .z FOSTER: Oh, gee, 1 don z now. 71.-.7 011' TWO 04" :QQ lcr my brothers. Thev'r- 3o. -A: DO 7own -0 00u,in - 'a tonight. That's mar? -veir -wQrrfvo --- wss. BANNOCK: Can a situation be ailowen nrn e -svw 7�; operations wing on. can You nove uwo 0 jroro canoitiona1 use permit for oraveh operacion -invr ,U7 Ann 0 LaL,ino a conditional use for Min orner or-j—c. C-n a" !M� : situation where two "onro-inns nre ;Q ha�,,v � hove two conditional use permit is the gkwo j1"0z 1nd, Cin Mar Happen? Can You no hap? LOPER: We wouldn'- be riperati"q nr axaculy ho -5- Von" �Mr� D 3rcn 1TE "11j, Plane 1 EVO pror-- Ill uon 4n-;IcH -"t 3ANNOCK: So then, noing back to oage 1. Govt. Lot 5, Section 2 ... '15TER: Duane. it nq3r — Pasa 2. BANNOCK: Ana sc =:n oarmit. rnen WFER: No. ... nanni;., ... VAULT: The condition — 7K!rK "M gravel extraction sr-, E!"jy. xcr rc,un being part of the cc--i: -0 7ni- ... inaudible—ann Wha!'70e In-r3, BANNOCK: Okay. LOPER: He would co thn . "me 7-inn jr development. BANNOCK: Okay. okay. That qnswers my quastin". -7- IJ M C) C ire 17 FY ON: n c r a I t,h situation and it' roc something that: -,;Dre-_ds eveniv -jcro,_,-Z3 the summer. You knoL,,, it' concen-rar-e(:i in or -i 1.,jeek or two and then it `isanoears for 'A4ULT - 1, - D o �/ o Li _D n 7- _- , : _­_ _. I I - 1 .1 1 D . I - V rme a n 3 7 CLICK C o n f 1 ic N.e, U L T Yeah, I mean, Ongoing gravel FCSTER: Probably wnat ,�e ­,av,? first Place wouiD be strio Ix would be. It s f-!k-,jt- unfortunate. 1 w ri 4 e now actually, but N ­_ ',,)e -!,017 t just, I me,--ir,, we to nau! for it, but, I thi..­fl- c�r, —t t, up rocks. I mean, /c)li ­_-in't O-L­;_,-i c -Irl from the other. t , wDi'r-1--i to ­9V_, b LA t y o u k n o 14, o n D -,f, as them separate. ii�e thing is w-n mx truck,3 and i�V -,ark �n t-h- sc-ime, 'n-w, 0-) eXEIMDIe, or on ,-au-sc, a -7- (D rl t: ri c e r) f v'.- m e Ain, it' r r - VAULT: V- r 1� A I M b ec t low closer like to be T-cr. C, that. 6 u i 10 1 at line out tc, GLICK: Were you going r,- L -es ors zl-iere or grass or what? FOSTER: Well, we're i,i ;mow 1-1 7- t- -! -- --, , . 1;'' ;.I'--- I to have, we h e that f7 r ,-' r-j S � ' r: ".1 section J.' -Ic, the wh--j1,- fi--hirj,7-1 . -it there again, -- -,,q r ,low . . . t h e, g r-;--,, s s I e M, '� I A t i +rd to ci e t I t r-,- e SDI I I a M- Some of the buts>er r _ =re ;,,._ ,r actually there, b-it ,.(� L Vera, mi_:cr) ,-)` ctearell t r e leJ:L— I . ui:•,1-;n�y-mac ,r- _ � - Teat p a r c or tr,i s v Kenai wi7�s interesuec. boat ramp SMALLEY: Part of that ot. - FOSTER: Part of it is. Eut nen - _ -.^ �i :e. gat' be maintained, koe he1-? it _ i�� �._.�h, h:° ri.�,, r �_c���n there i s really not sae„ _,._ t = _ r _,._ ; _-,l!,;ay high, that would he =rai 7-r a boat ramr_,, but the lows and so 'L not t,n VAULT: So there - no ,ai.r act _gnat s r,^:-. ,r-.,,,(D '.Id r Or, t to �h,> river- _Q- T=-,D . `1�Y ..'�• _ r,_ ,f.. � - _ .i-, _ I � r;-:�,/gip? anything for, we're no: re_glly Looi,,ina r.�r >n i boat fisherman crowd. Nosr Of ::hOSe '.Uvs '-,o _� c roat "'9rllp anyway. Ve don't have -any place where -;an �,ut them would _ _,... mean, we-_r- way going dOLJtI `DoC :r Jes = n'_ - r. -C1Y v,3cit.f'(j to wall, dol,,)n L,!'ge that S C_,Olrl9 7 c people we' re -,00 ng _ GLICK: You gave us some r, ! and r:=­_!i those as the kind of ^ui?s ,gin --u_. FOSTER: I' m sorry, wrl.at ,I -is GLICK: YoU cji_:VE' A:= a r, ny -hi? pro;. os ed I l - 3n,7 for VOLIt" p�r-(, . How r 7. rm ,ire those- d S far s , what you ' r•r? really =loing to '-'nT0'"'ct- or.. . . -1t7- SMp 5M t 5 L 1 C 4 ,concerned with -. a � _ . r - U n.,_ saving that You can nave rMo e, FOSTER: ,r•�e P"J. ?nG th a it --- -_, that have oac -'_. - v n in idtz� them. - _ W ve s,oen c .. -, o7 these ."_ _ the cou=- - JAI iL T : regulations. - _.-.-•r_- - �� = - r is anc allowed.'' FOSTER: That's on our _i ak! VAULT_ On the lake. FOSTER: Yes. ROBERTS: Gary, when do ou think ­V l l flew On -wn-eavailable? -11- t shame 2 FOSTER: E'A I'll? IN 0 .- DUP nere Ar�qier Dr d-ive ,-Dr, the seciver, West part ,I -- FOSTER: No, Mr. and he's back c,— in fact. BANNOCK: Up in this anything on eit:h,-�,i- T7 r FOSTER: Her ,,)ould be very next iD i a C n r- ir Insic tn,, triangle, 1 ' t t h ,� r—e . FOSTER- The next one "owl LOPER: Yeah. FOSTER: Yeah. I can sne,,) n LOPER: Gary, righr _ >n,—,c' FOSTER: I h,-3ven' I- met hina'l- -Ins . -171- LOPER: 17 F I1 J .= -(1Q�J the FOSTER: Yes. The m,air r,_��,__ _,,, :7.� There' s o houE,�� _ - ;. �� owns all of going to oo ov._�r 71-iv - �- - =_ �n-�;:_ �. -e, _ .� _r,w probably subdivi.ior i-I17� one of these da - = - - - - worth looking at. VAULT: Mr. Foster, whit residential rubdii_.i,-'n FOSTER : Well, 1= -,r in ;:V if, 3 1 1. -aver f-he pLace. There are r-,r oew ncs ic`,wn. _ i-hin}, it' > go,Dd. I tr,ink wt-- -,?qLin to I ..s veL. ] t_, kirid -14- ve I]L_,l;,-)ns -,r ­_�_ - — most of the- L - - listing in that O'REILLY`? M A L!- Y'.1, 11 L T No, t Yet. F-le NAULT - A n "' D 7C h L: I can take FOSTER: Thank you. NAULT: b I e D -)c- on D C t--,L I- C 'D l_; r) i j C r: - - d -- i- r q - ,- - r- 1-,-, -1 e � _L I ,:, y . Anybody e 1 se 7, -f -, _- I 1 :- -- LOWE: Hi, my name is S,-_-Dri __ve on _o,, ,nd �_Ah, I don't mind ci-ie ,n 3r- ail. biggest concern, _n,l residents that I iv,.� .--lr, ler Drive, _= -m- W just, now I'm just of them and then -,�wn j-, 0 Y concern is , i u E, t_ tief: r-,-9 7 U f (D li that everybody ci h there. YC)U not everybody nc)w. boats -,-)at owr­_-, T t and that pl(_n the 7 thin! I-W l - ,Pr' _ 14!7U L t ' ! i. .. - , � - � - i -.' , -• _ 1.')',J i._ �•�c L L `C1Pv C'�'�1 '�`,�r"'!< _ _-'.���' T•,..ntT� -_ ,-. ..r., - - - ,.;�., .. _onF:d ! 0t 1, 110 C SF-Iy:i I'i,j could park just around the public parking along the k)anks there, .Just �o ~hey can go i.iro rn -hr, it rV park . u a r c,- �'J r�rk'. i n,u�; i c l_ . . L_(DWE : arl< _ He C_', Pock ana the tr:=e i. r, r�A gust �-)as _,D _ C,' REIL:_1' _ But many of, ur•_ ,_, who are drivir, Well, I don't know -ou ,r­w. -_' - ' _ _ . ,,r,N,, s, T r-:ome from Anchorage end I have my oa or `,N, ybe I want to try out this new R',_,' park , yor_, n �. ,t Rock campground, I went to stay cVI_r -�r ;v��. ,nd I put my boat in at Eagle Rock and ouli �_�v anr: �:r�, _ _ -,� � ;-;.-_, � ;,,,;� rind then park there Lwlonsi th? bank are. 1r�d I'm not saying that they're noire to, r - now, o•mr� kind of control over You ROBERTS: The pr_opl,., i.n th, ARV ;��r rl< ��,ir� i -�yi-;17 in the i7\7V - 16- parking it on the --ir s the eV oqr!- ihc�re c 1 t-he public easement there. rrr; ~he- wai;: intcn t-heii- c-amiDer or motor home. And -- , 7V • rhere ,�na L ✓WL: know sdY `-1`l,i there - r_:an jest that, t -• l O make sure property owner' ;r -!- slough. GLICK: There' s on 1 Y c-,rir, right, where they cou' c; ,c tir the Y r:� 1.a.i-t Lot 39 before i t �o i- s o e: LnWE: That easement " - GLICK: :hat is the onr .Y... --17 - -,ter- � ���:_� a�• �p 'i G._ r n t 4. Wn 0"- -_ -. -:n_ c'i h.°ern rinn-rkirn 1_ OWE. i ' m raik inr about boats on the Aiouan i.tsell . wait: ,._L __._-I u n:, =3C-. in e r- - - Z n Z v t-h_.y -0 - - - L _ - -' no _ . _ m own too _ _,. _ _ lc -. " won :7 . T don _ BRYSON: You know, chat r , ,; -,,-• i proposed quit: wm .'s LOWE: Right. Yeah, _. or Tn :onno year... BRYSON: The, to the _ x ten _ private, You know. ;cA, N_ _ i -, .._ -n-,ter `� _;��-�. r•- . �•-,� . to hmve to nrr_ . r- r ,i r ahl- 11 -A7 "r -&.r 4 L had a Lot o time nqO, "V _ "OhnK _: "niV ''eoDlo who -[ n enforce it is 1 n • ;ter i v -t m -,w"wr.= . -1.4- .,n,>n i - ,. Y 17 J E We11 they could, it u r -,? v Sri var - ,jetlands is e -.; -^_esr -1 ; n - rfic on the �lo-Ih. Tffist;. �r .?Cl �i1; ". _Os�E sayi--ig trIut �enc er ROGER T = . Mr. Lowe, we - _r7 LOWE: But You can 3y land use permit ri r r..� o Lot 1. LOPER : We're talkin�7 second condition -?I ,,:)Oii- - service if You wanted to then we can ,jr, I..,i_ t'V 1. - �oes, that c�3nr�_ _1d a all 4 0n - n- Mr. =1edge, Vm going to stop you U, ,ire- - POEERTO: -0 L.I_ PSR - whir_?i LOWE: ye". LOVER- I'm so._r.., _ - , -, property uwnor. _ r- - qVa j _ �1 _._ - have boo ,_-nd tn., - Permanent , :gar-n- _. - - �r,r .. � -r r�v way, shape or r, -r . LOWE: Okay, so they can - j n ,d boars on LOPER: They can havN -, ,n� _ ..-. ,�::ts on che -r _'C, ;r,:, 0,- ;,,,i to restrict them. _,- n h. Okay. Qr = th= make ,ny ill, you at a11. LOWE: Well, if I wnu i d ov- , in-wn f_ 4at T prnhab i s w ou .l do ' v n" v here i.n the first Place, but, you know. . . -G v -- slou,ah is sma,_1 .-ind thi-rz- lot or smelt in C ?`J And Ynu r have any so'' - - - boat LOWE: No, they don' probably ten Thank you. NAULT: Anybody el.so 'w-iw- to FOSTER: l..l=!nt;; ( - :=3t our :)wr-) "Ioats t,�F:�re. t]e l��ve one ;r_r�d... r•�-:�ci ;�_�, _,r �,=r,�, i_,�st VAULT : rrri n --•,. ,. _ _.. _ _ - r ^t . ,3vea rem-iit",-_�_:+ and - ��,Du nu _. ._; , •Ir1 _� i!. it _ �_•- __-,iI �. L'_.. fh-re +,ef11S LJ rthey .- > 4_ - •, rt�ere -. wa:: ,q 41le�:,t hether. =y -__,• r�r. cr_ .�w,, ;��ilr� people -9r ;r 1.1 .h rather succes 3 ,'r_, actual I,- f1-.all-�i. and going. And - �r-r�r ?ht�� -. _ u�_ -, spaces to ;marl-, R�, v e i irk .- ;c ncl guide business t-cam nf7 71c)C mot orhomes and r them up because that v don't have a w,� here that f�,eh;_nd r, c� "r,�un' t`�er t ,r�_ _.-r�. ��_;!- io"C them he �,�ir'jd<> a �r ,:;ng yr>r rd two harks, in -�o.. 'c,t r _r �a�;�-. _ _:�;' `��_ �, �n �,,, hi_r,,• _ r t,3lking a ut r_; r? pion' t i�cAvr-�- - - r,: .,�fi�n C: r_erscn�7 - -;v(,r 0e ���velopc d like r1r �� _ r>r 3;_ivs. j r t . or r'Lib 11: ?'eedhaCk We in 1- =. 1.1E-5r ;n-:? 3n- Do you reme mher. . . . Y = Y= `1Y Corlc�1-, _ire ..-_.,;�r�'. .. _� - - .. -•-_. _ - _ .. �S Tdr- 'MAUL T All ordinance, what I' m di,_, r. _ - 7 up ultimately like any any to conform �s r '_ LOPER: No, all we're do •,<- _ - —------- _.. , rii RV inaudible _ parks and BookeY' s over i n i ]. 1 r ,wr-i �n�i r-, �•;1-1: � � ,�; _ r :t-i_I %m I"Ir BookeY, crier_. --r" ar cir �= t _ , �r�• -, ,r,l VOICE: ... It Lid ibI, ;VIL-7 : C- t7 G L i Robert, Naul r Y e s 0 i 1 1 y Bannock Yes Br -own - Y,�,; Bryson 'Y,-s END OF 1 T r--- N . TRANSCR 13)EU) ON BY C - / Suggested By: CITY OF KENAI Planning & Zoning Commission ORDINANCE 1305-89 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; arid, 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 first day of March, 1989. ATTEST: Janet Ruotsala, City Clerk Approved by Finance: (2/3/89) JOHN J. WILLIAMS, MAYOR First Reading: Second Reading: Effective Date: -1- February 15, 1989 March 1, 1989 April 1, 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: (1) "Accessory building" means a detached building, the use of which is appropriate, subordinate, and customarily incidental to that of the main building or to the main use of the land and which is located on the same lot as the main building or use. An accessory building shall be considered to be a part of the main building when joined to the main building by a common wall or when any accessory building and the main building are connected by a breezeway. (2) "Accessory use" means a use customarily incidental and subordinate to the principal use of the land, building, or structure and located on the same lot or parcel of land. (3) "Administrative official" means the person charged with the administration and enforcement of this chapter. (4) "Agricultural building" means a building used to shelter farm implements, hay, grain, 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 dwellino in which rooms are rented to paying guests 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. [(12)] 13 "Building Code" means the building code and/or other building regulations applicable in the City. [(13)] 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 which 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. [(18)] 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. Unless otherwise designated by the Commission, collector street shall be defined on the plan for streets and community facilities in the comprehensive development plan. [(19)] 11, "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)] _2I "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)] _L2AI, "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)] 25 "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. [(26)] (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. [(28)] 29 "Family" means any number of individuals living together as a single housekeeping unit in a dwelling unit. [(29)] j_30) "Fence, height" means the vertical distance between the ground directly under the fence and the highest point of the fence. [(34)] 31 "Floor area" means the total of each floor of a building within the surrounding outer walls but excluding vent shafts and courts. [(31)] 32 "Frontage" means all the property fronting on one side of a street between intersection streets. [(32)] 33 "Garage, private" means an accessory building or any portion of a main building used in connection with residential purposes for the storage of passenger motor vehicles. [(33)] -L4Z "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. [(34H 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)] L32L "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)] 142) "lot, 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. H44)] 1451, "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)] (47"Lot depth" means the horizontal distance separating the front and rear lot lines of a lot and at right angles to its width. C(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)] i50)_ "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. [(53)] 54 "Nonconforming use" means a use of a structure of land, or of a structure and land in combination, lawfully existing at the time this ordinance became effective, or established on the premises of a previous nonconforming use as specified in this chapter, which is not in conformity with the uses permitted in the zone in which it exists. [(54)] 55 "Nursery, children's" means any home or institution used 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 180 square feet in area. [(56)] 57 "Parking space, public" means an area of not less than 180 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):] _L5�jh "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)J 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-of-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 of any kind, composed of parts joined together in some definite manner. [(67)] 68 "Townhouse" means single-family dwelling units constructed in a series or group of two or more units separated from an adjoining unit by an approved party wall or walls, extending from the basement of either floor to the roof along the linking lot line. [(68)] IL21 "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)] l71Z "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" means a yard extending across the full width of the lot between the most rear main building and the rear lot line. [(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. [(75)] 76 "Zoning ordinance or ordinances" means the zoning ordinance of the City of Kenai. Section 2• ed & BreaKtast bstabtisnments: la Intent: It is the intent of tnis cnanter to permit Dea & breakfast establishments by conditional use which is compatible with other permitted uses, with the residential character of a neighborhood, and which is clearly secondary or incidental to the residential use of the main building. (b) Provided that these establishments shall be owner -operated, -not more than one person outside the family shall be employed in the bed and breakfast; rent out no more than thirty percent (30%) of the total floor area; have adequate off-street parking for owner and all guests; and shall meet all other requirements as set forth by the Plannina & Zonina Commission at the time of public hearing. (c) The bed & breakfast establishment must meet all area, height, and setback requirements of the zones in which they are allowed accordina to the Land Use Table. 0, I 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 Manufacturing/Fabricating/ Assembly/Storage Warehouses PUBLIC/INSTITUTIONAL Charitable Institutions Churches Clinics Colleges12 Elementary Schools12 Governmental Buildings12 High Schools12 Hospitals12 Libraries Museums Parks and Recreation Public Facilitiesi2 Sanitariums12 IISCELLANEOUS Animal Boarding13 Bed & Breakfasts Cemeteries Crematories P p p p C9 p p p p P plo plo plo plo C11 p p C C C C C C C C C C C C C C C C C C C C C C C C12 p p p p P S S S S S C C C C C C C C C C C C C P C C A Suggested By: CITY OF KENAI ORDINANCE 1306-89 Planning & Zoning Commission AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE TITLE 14, ADDING SECTION 14.20.245 REGARDING RECREATIONAL VEHICLE PARKS, AMENDING SECTION 14.20.320 TO PROVIDE FOR A DEFINITION OF RECREATIONAL VEHICLES AND AMENDING THE LAND USE TABLE TO PROVIDE FOR RECREATIONAL VEHICLE PARKS. WHEREAS, the City of Kenai currently has no comprehensive policy governing recreational vehicles; and, WHEREAS, various groups ot recreational vehicle users travel through and use the facilities available within the City of Kenai.; and, WHEREAS, it is in the best. interest of the City of Kenai residents' health, safety and welfare to provide for a uniform approach to the regulation of recreational vehicles. NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that KMC 1.4.20.320 i.rt amended as shown in the attached Exhibit "A" at Section 1 and that a new Section KMC 14.20.245 is added to Title 14 of the Kenai Municipal Code as shown in the attached Exhibit "A" at Section 2 and that the Kenai Municipal Code Land Use Table is amended. as shown in the attached Exhibit "B" . PASSED BY THE COUNCIL OF` THE CITY OF KENAI, ALASKA, this first day of March, 1989. JOHN J. WILLIAMS, MAYOR ATTEST: Janet Ruotsala, City Clerk First Reading: February 15, 1.989 Second Reading: March 1, 1989 Effective Date: April 1, .1-989 (2/9/89) Section 1• 14.20.320 Definitions: (62) "Recreational vehicle" means a vehicular -type unit, include, but are not limited to travel trailers, camping trailers, truck campers, and motor homes. (63) "Recreational vehicle park" means an area established by a conditional use permit for the parking of two or more recreational vehicles on a temporary basis. [621 ,64 "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 riot customarily or usually require the services of a qualified automotive mechanic. [631 65) "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. [641 66 "State highway" means a right-of-way classified by the State of Alaska as a primary or secondary highway. [651 67_ "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. [661 68L "Structure" means that which is built or constructed, an edifice or a building of any kind, composed of parts joined together in some definite manner. [67] 69 "Townhouse" means single-family dwelling units constructed in a series or group of two or more units separated from an adjoining unit by an approved party wall or walls, extending from the basement of either floor to the roof along the linking lot line. [681 17U)_ "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. [691 171. "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. M� e of ..:3 ....... Pages [701 _72 "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. [711 (73) "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. [72) (74) "Yard, rear" means a yard extending across the full width of the lot between the most rear main building and the rear lot line. [731 75 "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. [741 _76 "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. [75] 77 "Zoning ordinance or ordinances" means the zoning ordinance of the City of Kenai. Section 2• 14.20.245 Recreational Vehicles: (a) Recreational vehicle POLAZP ,uc►r Inc al1VWt:U VY CVIAUILlVIlal use permit as proviaea bV the Land Use Table. Prior to issuance of a recreational vehicle park conditional use permit, the parks shall meet the following conditions: (1) Adequate utilities for projected or actual use shall be available. 12) The projected or actual use shall not threaten the health and safety of adjoining landowners or recreational vehicle users in the park. 13) Any and all specific conditions required to comply with Subsections (a)(1) and (2) as determined by the Planning and Zoning Commission shall be met by the applicant` ,(b) Maintenance of Parks:_ Recreational vehicle parks are not to become a nuisance to surrounding properties. Recreational vehicles rks shall control_dust.1 shield lighting_f_rom other properties_,.,_prohib t loiid ._xioises and maintain a clean and orderly appearance free, from refuse_.. Oi errsirrrrrr• Pages (c) Revocation of Permit: The conditional use permit may be revoked by the Commission if the conditions set forth in Subsections (a) and (b) above are not maintained. (d ) Prohibited use of recreational vehicles:, No person may occupy or utilize any recreational vehicle as living quarters or sleeping accommodations under any of the following conditions: (1) While such vehicle is parked on any street` road, alley, or right-of-ways (2) While such vehicle is parked on City property not desianated as a recreational vehicle park. (3) While such vehicle is parked on private property and set up for lona term use. Lona term use wmiarM77' is not limited to , connection to external fuel .tanks or natural gas, skirting in,-can�act. e.xt T�-aewLgll- or exceeding thirty ( 30 ) days , (e) Exceptions to.prohibited uses: (1) Section (d) above shall in no way be construed as to prevent the historical use of recreational vehicles _y workers employed in the cannery business if the _recreational vehicles are on cannery property, are used only durinq_the. cannery season --:oRs) �µ_;ana.,,�2,) aiau* :,are. (2) Recreational vehicles may be set up as living or sleeping quarters in mobile home parks under the provisions of KMC 14.20.240. (3) For purposes of promoting tourism or industry, the City Manager may from time to time temporarily designate portions of City property_for_the__parkina of recreational vehicles. Vehic7_es parked upon City property so desianated are exempt from the general requirements of this Code section. Sb A tily9 s.w...w •• Exh. w• .... # ...•...... Pages ZONING DISTRICTS USES C RR RR-1 RS RS-1 RS-2 RU CC CG IL IH MISCELLANEOUS, Continued Day Care Centers12 C C C C C C C Dormitories/Boarding Houses P S1 S Essential Services P P P P P P P P P P i Farming/Gardening/General Agriculture P P P Greenhouses/Tree Nursery13 C C Large Assemblages'b (e.g. _ _ Circuses, Fairs, etc.) C C C C C Lodges/Fraternal Organizations P p Parking, Off -Street ....._.... P P P P P P_ P P P P_ P_ Parking, Public Lots12 C _ C C Private Clubs P P P Radio/TV Transmitters P P P Recreational Vehicle Parks C C C C C_ C Social Halls P P Subsurface Extraction of Natural Resources'6 ( C C C C C C C C C C C Surface Extraction of --t- Natural Resources'' C. Crc C C C C C C C C Union Halls P p Suggested by: Public Works CITY OF KENAI RESOLUTION NO_ 89-17 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA THAT THE FOLLOWING TRANSFERS OF MONIES BE MADE IN THE "AIRPORT TERMINAL RENOVATION -SOUTH" CAPITAL PROJECT FUND: From: Architectural Design $1,905 To: Inspection $1,905 This transfer provides money for the increase in the inspection contract at the Airport Terminal which was approved at the February 15, 1989 Council meeting. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 1st day of March, 1989. JOHN J. WILLIAMS, MAYOR ATTEST: Janet Ruotsala, City Clerk Approved by Finance: (2/16/89) Suggested by: Public Works CITY OF KENAI RESOLUTION 89-18 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THAT THE FOLLOWING TRANSFERS OF MONIES BE MADE IN THE 1988-89 WATER AND SEWER FUND BUDGET: From: Water - Contingency $1,260 Sewer - Contingency $1,260 To: Water - Machinery & Equipment $1,260 Sewer - Machinery & Equipment $1,260 This transfer provides money to purchase a 4" trash pump for the water and sewer department. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 1st day of March, 1989. JOHN J. WILLIAMS, MAYOR ATTEST: Janet Ruotsala, City Clerk Approved by Finance: eq ( I.,� 6 O 0 A A STEVE DEPARTMENT OF REVENUE ANCHORAGE, ALASKA 99501-8698 550W.7THAVE ALGIOMOLICBEVERAGEGY�NTROL BOARD February 22, 1989 Janet Ruotsala, Clerk /,.. City of Kenai 210 Fidalgo C l 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 RESTAURANT/EATING PLACE KENAI P�i�_R,IT INN UPTOWN MOTEL/BACKDOOR ANNEX UPTOWN MOTEL/VIP LOUNGE RECREATIONAL SITE PENINSULA OILERS PIZZA FIUT NO. 9 cc: Kenai Peninsula Borough D4-D15LH ". ", I" — I,',, h A P, . �"'l li�' , W "o LIQUOR LICENSE APPLICATION A ­ha,, A�age, asks 99t,01 i907), 277 8638 PLEASE REVIEW SEPARATE INSTRUCTIONS Send Parts and 210 the ABC Board. Keep Part Ifor your illies. This application is for (check one) KI A full calendar year I. I The six month period begireri —and ending SECTION A. LICENSE INFORMATION. Mu ompleted lur all types of Sppgc.boni�-,',,, Type of Appllcati;_n'so Type -:i ry I i t-(-f License Fee .............. $ L� New -5cense Year I Statute Reference XJ Renewal For I Is Filing Fee ................... I _ed_erallrr�p;;y or's Identification Number iA Transier of License Holder 92-00q71 '!7, Penalty (it applicable) ..... Current Liquor License Number (For Renewals and Transfer I Relocation Total Submitted cocvs name 8"�� Doing Business As 113usine Complete Only One 'Clithate: , 0 v c"" 1,11, rx), Kc,imi Merit Tt) orpor -i t i ori -street Address or Location of Bus i t IT,, �11 a ", "a" 131 777- Kj)-r-Eh-sj in f, i g I i t z-, J'11 v(� '0 S. V! i 1 1 (j Ltll'-'�t K 1117, i 7 Sui to fr*205 City Anchorage, Alaska 9950--1 +_- I )a! , A I I 0%al 99611 Bu SicesS Phone Number(s) _(907) Lj Other Community (;o�u-n-cilMelling AddMSSAS0411.310(Sea InStruClion9) (7111 t � C I E, 17 k P 11 t ) - --- --- - -_ at th eye during the past calendar year? AS 04 11�330 (3) If renewal at transfer, has the above license been exercised air -Iv. at We Inly (30F.qjht-­h ur d ciur: lJ6 YES F1 NO 40 It no.'attachen explanation SECTION B. PREMISES M BE LICENSED. Must be completed for all types of applications m Nirriq to be used on public Sign at in advertising to Identify pr-ses is locatloo or pre-ses greater than or less than 50 Iles from the boundaries of A munic, pality (incorporated city. borough or unified municipality)? na Li 4 r i '-t Inn 7-Chels;q _�,Q_Ujj:4 c, _� _Kt: D,stancemeasuredundlie LIAS0411.4100, 010-lardl;ancenennoer—_ Greater than 50 miles Less than 50 miles Closest School Grounds I . '_ C'"'"'t Church i-1- 21, SECTION C. LICENSED PREMISES. For Now and Tiansfor of Location applications only Premises to be licenser! Is: lChook appropriate locogesi Existing Facility New Building ❑ Proposed Building I. , I Plans Submitled To File Mat,hall iagram I be a true and correct description of the entrance, and b.cmd.,ie, oleo are of perorr I..s attached. Allach a detailed diagram at the prentliror to be licensed The do- .1 , h, : plemle,7111 be IcOreird, and the only area where alcoholic beverages will be sold, served, consumed, possessed andice stored. (it only a petticoat the floor plan I to be licensed, please outline o RED In,, area where alcoholic beverages will be sold, served, consumed possessed andfor stored.) SECTION D. RENEWAL INFORMATION. For Renewal Applications only. —.1coholic be-ag�s-a-m %Wd­Sq;;'tcF�4_'isumad, possessed andfo( stored ciinci.l interest changed from the last statement submitted to the been changed from the last diagram s.bryllitild? Control Board? ONO 1-1 YES If yes. attach new dela- No Y ES If yes, attach new interest statement (form 04 908). SECTION E. TRANSFER INFORMATION. For Transfer of License Holder of Relocalion applications only. El involuntary transferal license holder -Attach Wcure-firwhich 6.1aull'under AS0411670 Regular lira -for or license holderarytisgunn-Is -cured -1c, AS,1411670 to, purposes of applying AS 04 11 360 (40B) in a later involuntary transfer, must be filed with this application O!,AAC-10413551 Real a, personal property conveyed-11, this Ir-f-s (Attach extra sheet if necessary)__- - ❑ Reecalian f3,4o,e transfer -business name anri address After transfer --business name am address SECTION F. CORPORATION INFORMATION. Must be completed it applicant of co applicant is a corporation AS 04,11,390 Corporate Nam Doing Business As (Business Name) Date of Incorporation in the Stet.of Alaska jL�`..:1 i TA t - I jj_Lj t c) r . i I I t r _j L I.L [,, Mailing Address Street Address or Location at Business Nov (,mbo L- I i r I OR: iv; 1;',ii "i , I.Gl� tarty, late a11d Lip We Cilly-sed STate Corporate Office Phone No. 4 Agents Residency Yrs: , to Me' I Registered Agent (Mailing Address and Phone Number) i, j ri t Ld YES -1 NO The above named carooration is In good standing with the State of Alaska, Department of Commerce and Economic Development CORPORATION DIRECTORS AND STOCKHOLDERS (Use additional sheets if necessary.) % of Shares at Full Name (Do not use initials) Home Address Dale of Birth Ownership '10,511 (rata(_,qus Ave i 2/24/41 _'T 1!il y Fill, f:, - iiIic, j-,­ - - n,1 L 6/3 4,1 'j'd P 9 C' License Number ApprovedTo-teri's - iattire 04 901 (81881 Page 1 WHITE —PART I YELLOW —PART 2 PINK-- PART 3 SECTION G INDIVIDUALICORPOR ATE OFFICER INFORMATION. The nfundabo, nn„t be provided for each applioant or corporals otlicer. ri applican; or -applit:a nl is a corporationthe officers I stsd mdst info thn Pre .id.ut, Vice-Pres,denl. Secretary and heasurer. Use additional pages as necessary. Full Name (Do not use initials) Full Name (Do not use initials) -1.1-L't�'1�_1j ,r-.�_T?[;::. '..111,_.l —.--._. _-___—.�_-- _—s?:�� r _'il'11��'—�SZ�G'Ili'�'C.J--_— Mailing Address (Slue., or PO. B.�x, City, State ItZrp Code) Mailing Address Street or PO. B., City, State & Zip Code) 7rt}rts_ )11_vd J Home Address fit different from marling addressl • Home Address j,I different from mailing address) •,: r, �s�'•_._�I:.iltar,c_T t., —___ _...----_------- n r� ; •� 1 t.'E..._- Home Phone Work Phon. Home Phone Work Phcna _ 278-11051 278-1 1 77<-13A47 - -- - _ --- --- Number --- Dale or tlirih Soc 61 Securily Number -- f - t - -- _ ------------ I - Date of Birth Social Security Number � 2/2"p j Length of Alaska Resitlancy It applicant is a corporaticn.,dantify the corporate office you (.ength of Alaska Residency Ilapplicant is a corporation, identity the corporate office You years __— Months hol(. Years — .� Months hold. '0 I 1 PC'r i ri: n*. S t rr Y'r t:t r'TCCiI SII C;'C Full Name (Do not use initials) Full Name (Do not use Initials) Moiling Addreee IStrssl or P.D. Bov, Gty, Slate 6 Zip Cade) Mailtng Atldreae (Stroet or PO. Box Cny, Stele II I p Coda) i Homa Address (II different Iron mailing address) i Nome Address (i/ different from mailing address) - Home Phone Phone Home Phone ._�..ofirthSocialSecunty Wok Phone ___ Number JVV.rk Date of Birth cial Security Number Length of Alaska Residency If applicant is a corporatitud dentlly the corporate office you Length of Alaska Residency Ilappllca t,serurpnration,idenhly the corporate office you Vear9 Months hold. ol Years Months hd 1 SECTION H. INDIVIVUALICORPOARATE OFFICER BACKGROUND. Must be completed for all types of applicants. Does any individual or corporate officer named above now have any direct or indirect Interest in any other alchollc beverage business licensed in Alaska or any other State? Q NO ❑ YES It yes, give aisle, name of business and address. X 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 O4.11.450, no person other than the applicani(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 resided in the slate 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 yepLr prior to the dal his application, SIGNATURE(S) OF REN ICENSEE(St fAPPLICANT) SIGNATURES) OF TRANSFEREEIS) a,��. . '��, "f1-)'`C:.-'P+'i ��r.t•.'.q-3�E'ft�-__�_—. --___. __—_�__—.-- __ i Subscribed and:;4woch to before me this__.�.5 -_. —_ Subscribed and �worra tb'tiefbrq me this _ day of -.[-�c-.a-. ___. ___—..__, 19 day of NOTARY PU�LT�ARICA I�---.____-- NOTARY PUBLICJN AND FORALASKA_—.—_—_. _ My commission expires My _._ My commission expires_—_.—_ ._ 00-901 (a/lie) Page 2 WHITE —PART 1 YELLOW —PART 2 PINK --PART 3 A U 1 I PAGE i OF 2 ', ,r,nolic 9epera�e �7omrol board ' 50 w "'°""''' Avenue LIQUOR LICENSE APPLICATION Aor:hurrLe. Alaska 199BD1 .. 1901) 277 8536 PLEASE REVIEW SEPARATE INSTRUCTIONS Send Paris 1 and 2 to the ABC Board. Keep Part 3 for your files. Thle apuh(:atlon is !or'. (cheek one) I] A lull calendar year ) The six month period beginning ---.__ , _. _and ending SECTION A. LICENSE INFORMATION. most be co_mPterefid to; all types of applicetions. Type of Apptrcatbn. License ry_ --- / ❑ New / j o y- License Fee ...... J � Statute e`erence For Llcen Year Renewal Sec. U4.11_- Filing Fee ............. .. ( 1 Federal Employer's Idenllficatlon Number 1.: Transfer of License Holder Penalty (if applicable) ...4.. $ Cu e 1 LI 1' fur Licit— Number (For Renewals and ( I Relocation �y-c�" 7 _,- -` Total Subinitted�_,�.-: ... $ Enter a{ plies 1 s name and mailing add, ass as I should appearing Business As (Business Name) m Co pie Only One �J on the license: �- unicipality (specify) 14 City Business Prone Numberlsl Community Council Mailing Address AS O4.11.310(See Instructions) 1. ___ c / - If renewal or transfer. nas the above Ilcen been exerci se or active at least Ihnly (3g) eight -how days during the past calendar year' AS 01.11.330 (3) 1 YES n NO 11 no, attach an explanation. SECTION B. PREMISES TO BE_LI CENS ED. Must be compleled for all types of applications Name to be used on public sign or in advertising to identify premises. Is location of Premises greater than or less than 50 miles from the boundaries of a munlcl- polity (incorporated city, borough or unified municipality)? D'stan, e, heasured,,n(lai I_I A; 04 11410or Ll li, al,irdnance number —_.-- Closest School Giou d.' CI se.tCh cn (_) Greater Ihan 50 miles _i Less Than 50 miles SECTION C. LICENSED PREMISES. For New and Transfer of Location applications only. Premises to be licensed IS: (Check apPropnate Oox(esll '._.1 Existing Faclhly ❑ New Building Proposed Building F Plans Submitted to File Marshall Diagram of premises atisehed. Atlach a deta I.rd diagram of the I"chh"nss to be licensed. The d-ag arty l st be a Irue and e.r,rest description of the entrances and boundaries of the premises tc be licensed, and the only area where alcoholic beverages will be sold served, consumed. possessed and/or stored. (it only a portion of the floor plan is to I,. licensed, please outline In RED the area v.nere alcoholic beverages will be sold, served. consume 1. possessed and/or stored.) SECTION D: RENEWAL INFORMATION. Poi Renewal Applications only. Has the area where alcoholic beverages are sold served. consumed, possessed and/or stmill Has the statement of financial interest changed from the lest statement submitted In the been changed from the last diagram submitle0 Beverag[ Control B-10 ;)h.l.c _,' NO [ r YES if yes attach "ow c laumm NO 1 1 YES If yes attach new interest statement porm 04906). SECTION E. TRANSFER INFORMATION. 1 ur 1 angler of License Had., or Relocation applications -Iv _ ❑ Involuntary trartvf9r of license holden- Attach documents which evidence"delaull, under AS O4. 11670 '- ❑ Regularhanyfer pl license holden -arty instrum-Is executed u,x,r AS 0411 E-70 for purposes of applying AS041136014k8) in a later involuntary transfer- must be tiledwnh this apphcalsa! 115AAC-104.6!i5l Real or personal property corweyed with this transfer is (Attach extra sheet if necessary)_. ❑ Rebcabbn. Belcrre transfer- business name and address Attenransfer-Drlslnessnamearldaddresa.- SECTION F. CORPORATION INFORMATION. Must be completed it applicant or coappllcanf is a corporation. AS O4.11.390 Corporate Name Doing Business As (Business Name) pate of Incorporation in the ale of Alaska Sires ddress or Location of Business i� n City, §tate and Zip Code Cily and Stat Corporate Office Phone No. Repislered Agent (Naa,el Agent's Alaska Residency -_ C�.� Yrs G Mos: - R ered Agent I.alBn Address and Phone Nwnber)di YES P NO The above named corporation is in good standing with the Slate of Alaska, Department of Commerce and Economic Development. CORPORATION DIRECTORS AND STOCKHOLDERS. (Use additional sheets II necessary.) % or Shares of Full Name (Do not use Initials) Home Address Data of Birth Ownership T 1 MI5 ANtA OP YR.t use VNLY -- — - - -- --- - _ -- -- I License N mbar 1 Uate ApP oven �jI Dlreclorh �rpnatw• I -----._- ---- --� —__— 04-901(8166)Page 1 WHITE -PART 1 YELLOW- PART 2 PINK- -PART 3 :ECT'ON f,. INDIVIDLALICORPORATE OFFICER INFORMATION. The foliowmg information rnusl be p o rded for each applicant or poworate officer Pad pih;ant or (,-1.; 1) ant is arc:urposalirn lh' ,)l Dcsore listed must l,c urm rho President, VIce�Presidonf. Secretary and Treasurer Use additional pages as necessary �~ 4 I Of NEvne Do not use lhat 5l Full Name (Do trot use Initials) / nl aril G Address (Street cr O Box C ty. Slate & Zip t odor • Melling Address (Street or PO Boz, icy. ,tale ,Zip ode) al�...�. _ - Home Address (It different from mailing address) ddress! 0 9 40 3 7 Home Address (It different from mailing ad rase)�-- Hpm,. Phone Wo Nome Phony Work Phone ,✓��/_' j.�. Dale of Birth Social Security Number bete b irlh Social Security Nu/mb�erl , ��-.=__Iva___ �_ ,•�.1_�E' Length of Alaska Residency If applicant isaccrporatlo,r ldonllty the corporaleolfice you Length of Alaska Residency If applicant's a corporation, identifythe corporate office you Years Moniha holtl. Years Months hold. F,u�h�A-N{a�me_(Do not use Iniflalsl (� Full Name (Do not use Initials) ) -PO. auNF in Address (Street or Box, City, State 6 Zip Cod g y del r Mailing Address (Street ur PO. Box, City. Scala 6 Zip Code) Home Address (II different Irom mailing atldress) � 9� 3 �" Home Address (of different from mailing address) Hone Phone_ Work Pho . _ Nome Phone_WO N Pho e � � I)at@ 1 Binh' Soria c rlly NumDe Dale of 8ulh Social Security Number �/ --- - --- — — i - 5-1 LI /� / �_L _/ -- _ - _ __ ---- _ — -- ianglholAleskeResldenuy Il applicant is a corporation. Identify the corporate office you Lengthol Alaska RnsldoncY If applicant lsacorporatwn, Idanlhytne norpuratoolllce you Years Months hold. Years Months hold. SECTION H.INDIVIVUALICORPOARATE OFFICER BACKGROUND. Must be completed torah types of applicants Does any Individual or corporate officer named above now have any dlrecl or Indirect Interest In any other alcholic beverage business licensed in Alaska or any other Staten ❑ NO J� YES If yes, give state, name of busliful and address. Has any Individual or corporate officer listed above been convicted of a felony, a violation of AS IN or been convicted as a licensee or managerof licensed premises In another state of the liquor Iowa of that state since the filing of the but application? NO ❑ YES If yes, 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 O4.11.450, no person other than the applicant(s) or Iicensee(sl 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; 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 yell prior to the date of this application. SIGNATURE(S) OF CURRENT LICENSEES) (APPLICANT) SIGNATURES) OF TRANSFEREE(S) .-�4x,oi__. Subscribed and sworn to before me this __.c4) Subscribed and sworn•to before me this — day of „r._—day of - -1 , 19-- — — � —� .1----- — — NO7APUBLIC PUBLIC A CN ALAS1tA NOTARY PUBLIC IN AND PORrALASKA My commission expires My commission expires 04901(8196) Page 2 WHITE—PARTI YELLOW—PART2 PINK --PART) +h.ohout: He —age Control Board 50 W. Siti Avenue „nenolage, Alaska'12i 1407) 2778638 LIQUOR LICENSE APPLICATION PLEASE REVIEW SEPARATE INSTRUCTIONS this application is for: (check one)rI A lull calendar year .. The six month period beginning PAGE 1 OF 2 Send Parts 1 and 2 to the ABC Board. Keep Part 3 for your files. _and ending SECTION A. LICENSE INFORMATION. M mpieted for all types of applications. Type of Application: se Type New License Fee........... Statute Releren For Lic • Year Renewal Sec. 6dTT" ` __ I Ing Fee.. . E lib ____—____ Federal Em to p yer's Identification Number .l� i� Transfer of License Holder -------- Penalty (if applicable) .. � - Current Liquor Llcanse Number IFor Renewals and hanslera) Transfers) Relocation Tote $ _.; Enler applicant's name and mailing address as it should appe Doing Business As (Business Name) Coibplete Only One on the license. / M clpalit.y_.(specity) ` � _ _ __� i •p Street AdTess or canon 0 BuaTheas 7 — v�) k Business Phone Numonerls � ' r ( � q �,y ,y-�.�-e.�. <^-"`'"">-'ir-0. ! ! ii_ [7. K j '_- �. 1 Other _ Community Council MNlinp Addrosese AS O411.310411.310 (See Instruclions) d renewal car transfer has the above Ilcen been exercised Zx actltlQ at least thirty (30) eight hour days tlunnp the past calendar year? AS O4.11.330131 <) YES 1 1, NO If no, attach an eaplanau— SECTION B. PREMISES TO BE LICENSED. Must be completed for all typos of applications. --- ----------i------- — -------es-- Name to be used on public sign or in adverbaing to idenflly premises: ------.. _---------------- ---- Is location of p e vises greater Iran or less than 50 miles from Ne boundaries of a munici� pality (incorporated cityborough or unified municipality)? Dislancpmoasurrclurlde,, I AS0411 nt)or 1 local o ace numbe, —,— CIO5e51 School( rounds'. -1.3-1 ul.h I- J Greater than 50 miles .F-1 Lass Ihan 50 miles SECTION C. LICENSED PREMISES. For New and Transfer of Location applications only. Premises to be licensed Is'. IChecN appropriate bozlas?) !..1 Ewsting Fac'My New Blinding ] Prop:-sed Building ... Plans Submitted to Fri. Marshall Dmgnuri of premises attached. Adach a k,!,ded diagram of the premises to be licensed. The diagram nosl be a true and correct description of the entrances and boundaries of the premises to be licensed, and the only area whale alcoholic beverages will be sold. served, consumed, possessed and/or stored. (II only a portion of the floor plan is to be licensed, please outline in RED the area where alcoholic beverages will be sold, served, consumed, possessed andlor stored) SECTION Q RENEWAL INFORMATION. For Renewal Applications only. — - ------ - --- — -- —rd -- — -- --- ---.. ---- ----- ---- --- the last statement submitted to the Has the area where alcoholic beverages are sold, served consumed. possessed and/or stared Has the staleme 1 0l Irnanc al Interest changed horn e been changed from the last diagram submitted? Alcoholic Beverage Control Board? �,) NO 17 YES It yes, attach new diagram. j11 NO LJ YES It yes, attach new Interest statement (form 04908). SECTION E. TRANSFER INFORMATION. For Trenster of License Holder or R.10-lion applicalrons only Involuntary tonsler of h, eras holder --Attach docu merits which-to.noa "default' under AS O4 11 670 Regula-ansfer d license holder --any insu onedis e+aculed under AS O4.11 670 for purposes of applying AS 0411 360.(4)(R) in a later rnvolunlary transfer, must be filed with this application (15AAC,104.655) Realorpersonaipropertycorneyedwilhlhisl,ansleris- IArachextiesheslitnecessary) lJ Reiocahon. Before Ira nsler bulmess nam(• and acklu ss _. .... _.... Alter hanster —bu siness name and address SECTION F CORPORATION INFORMATION. Must be completed if applicant or —applicant Is a corporation. AS O4.11.390 Corporate Name Q. Doing Business As (Business Nomel Date of Incur In the Slate of Alaska al g less Street Address or Location of Business _ ( 1 �o�� y, fad ode fly and Stet. 16 Corpma li Phone No. , Registered Agent (Name) Agenl's Alaska Resitlency Re st red Agent (Mailing Address end Phone Numbeq� YES NO The above named corporat— i— good standing with the Slate of Alaska, Department of Commerce and Economic Development CORPORATION DIRECTORS AND STOCKHOLDERS. (Use additional sheets if necessary.) % or Shares of Full Name (Do not use thrialsl _ _ _ _—_ Home Address --._ _ _ _ _-Date of Birth Ownership _L1�- r .fa f ..r 1Licenae Numbs rrwc mac vrvu Data Ap o ed 7_64-ro—o-s r prSrgnal e 04-901(8/85) Page 1 WHITE—PART1 YELLOW— PART 2 PINK- PART3 SECTION G, INGAVIDUALICORPORATE OFFICER INFORMATION. The following information must be provided for Paco applicant or corporate officer. II applicant 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) f 4 l Full Name (Do not use Initials) -� J �. - Mailing Address (Street or P.O ox, ity. Slate e 8 p� da) Mailing Address Street Or PO. Box—ty City Stale 8 Zip Code1 �. - HO le Ad re8b II tll Brent from mxilng dd0 esaE omee Ad re(II dlflerent ham maflirlq ad !es I —1 HO Pho J � NorklPr Home Ph/One Date of Birth Social Security Number , Dale of Birth Social Security Number - - , - LonglfPlaska Residency ll applicant is a corporation. Identify the corporate office you 1 __<- --- -- - ---- -- Length I Alaska Residency If applicant is a corporation. identity lrye corporate office you _._.____ _—_ hold Years Months _ (\ __ .__._ _-- __ hold. Years Mon the Full Nam( IDo not use mltiatsl .- ( -• ul Name IDo not use initials) Mailing Address (Street or PO. ox City, Slate 8 Zip Code) _ Mallinp Address ISbeet o Pb Box, Clly, Slate 8 21p Code) ._—_. _it _..._ — ---- — — — Ho e A dress III tlifleren�from maiing address) . o Home Address Itt dillerent Iron maibng address) No a Pho Work Phone Nome Phone Worh Phone — Date of Birth Social Security Numbe• te— Daof Birth Social Securely Number i; = - ---- f 1�=-4- - ---- -- - Length of Aleeka Residency isacorporation. identifythe corporate office you It.nglhol tasks Residency Ifapplicant is a corporation, identilylhe corporate office you hold. Years Months hif old- hold. Years Months � SECTION H. INDIVIVUAUCORPOARATE OFFICER BACKGROUND. Must 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 alch relic beverage business licensed in Alaska or any other &ate? ❑ NO W YES 11 yea, give state, name of bus lness and address. Has any individual or corporate officer listed above been co nvicIad of a felony, a violation of AS 04 or been convicted as a licensee or manager of Iice need prom less In another slate of the liquor laws of that stale since the filing of the last application? JL NO ❑ YES If yes, please explain on separate sheet of paper. SECTION 1. DECLARATION. Must be read and certified by each applicant. 1 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 O4.11.4W 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 resided 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 dale 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. SIONATURE(S) GF CURRENT LICENSEE(S) (APPLICANT) SIGNATURE(S) OF TRANSFEREE(SI r I C Subscribed and sworn to before me this—` Subscribed and sworn to before me day of 19 y Ct — day of ----- ---_, 19 _—_- f J� NOTq 'PN ALi67FOR ALAu� NOTARY PUBLIC IN AND FOR ALASKA My commission expires ;,._�\ ��__-__--.-__ My commission expires_ w-Wl pvtolf rage 2 WHIIG--PAHI1 YLLLOW—PART2 PINK- -PART) Control Board "Sll W S"'lli illwi LIQUOR LICENSE APPLICATION ,: �Ihorage. Aladke 9NDI ,907) 277-8638 PLEASE REVIEW SEPARATE INSTRUCTIONS Send Parts I and 2 to the A13C Beam Keep Pori 3 for your III- rlief application 13 for (check one) 1 1 A full ca,endaL_xffaf___161ha_pI. month period beginning SECTION A. LICENSE INFORM Must be completed for all types of applica in Type of Application: License Type C New A 7-1f) " 14 License Fee ..... $ ")'o (, Statute Reference For License year Y', Renewal sec. 0 j Filing Fee . 7_1 Y17 ef, Transfer License Holder rep ayer's Identification Number of Penally (if applicable) Career Liqvor License Number (F., Renewal, and Tiarisfises) Relocation Total Submitted ... e and mailing address as If shout;arfl or D!�ri Businit" As ter-arplumnt i nameComplete Only On on the license: j FF !Lli 1 0 f� . P _V� (spocify) _t. P"nis Lj IZI olk, 1`1 LIS Street Address 'or Location of Business L4 City Business Phone Numbers) 7 - Other Community i Melling Adonis AS 64-11.310 (Sao Instructions) so - -- - - - - - -ec- - __ __ __ - ____ - it renewal or ­ Ihe, the ca.S,! been ised or active or least thirty (301 eight hour days during the past calendar year? AS 04.11.330 (3) K YES 11 NO 11 .. attach Ali apla-1101 SECTION S. PREMISES TO HE LICENSED. Must be completed for aft types of applications - - used Name I0be ad on public sign or in advertising to Identify promises, Is location of pievisses greater than or [as$ than 50 e0es from the boundaries of a mumc. P.Illy (incorporated city, borough or unified municipality)? Dlstancemeasuredunrier IIAS0411410or C I local ourean- num"., CIr.esISchuuiG,ppeds4 On- F 1 Greater than SO miles Less than 50 mites SECTION C. LICENSED PREMISES. For New and Transfer of Location applications only _k - - - — - - - - - -IC ­pr -a _s) l3to in �ie i- l e7i c_eo a ad- Is: h or � sp o ®r I ete-b-o x I i li E-firi Facility New Building Proposed Building r 1 Plans Submitted 10 Fire, Mars'sill L-, Diagram at Petrels or . ah.Chod. Attach r1 detailed diagram of tl,,, p,,iinbaet, In be licensed The diaglan ­t ne a Our, and correct description or the enlian- and boundaries of the premises to be licensed. and the only arita where alcoholic IMverapes will be said, served loustsm-d possessed and/or stored. (it only a Potion of the floor plan is In be licensed, please utlihe ,, RED this area whole alcoholic beverages will be sold served, consumed, possessed andfor Sto;$d,) SECTION a RENEWAL INFORMATION. For Renewal Application., only alcoholic beverages are soldserved, cons- -asibeare-aw-h-e-m, - consumed, possessed and 11Stuart Abis ofinancanterest c fil ihanged from the Iasi statement submitted to the been changed from the last diagram submitted? Alcoholic Beverage Control Board? ' Y ES 11 yes allaattachnew diagram M1i NO YES 11 yes, attach new interest statement (form 04.908) SECTION E. TRANSFER INFORMATION. Fo, Toleau 01 Held.,, ., rtitlocol­ ppIcao.es Doty I...I.nl.,y laoslpr of license holderAllach 0-oneenr, which ov,den- default underAS0411610 --tad u-, AS 04 116?GfOr purposes of applying A:, 04 '1 360 f4llE1In a Late, Involuntary lfansfer, must be filed with this application (15AAC-104655) Real or personal property conveyed this vaisters (Allarberibs Sheet if oecessaryl - Ll Relocation BolotetFanslet--buslftss;lameantJaWross Alter hansfer-business name arld acliffess SECTION F. CORPORATION INFORMATION. must be completed if applicant or co -applicant is a corporation. AS 04.11390 Nam Doing )!�mass (Business Name) Date of Incorporation in the Zonate Stale of Alaska ,As '71 Mailing Address Street Address or Location of Business Clle Code city Stale N_. l - a I ci,_, Fallfistfilrod Agent [Namai Agent's Alaska Residen U'Y'S� me, Iered" 2 R.�laX.I*i,FI1;ddr.a,.ddPha *44 tl YES 11 NO The above named corp,rat,on is in good standing with the Stale of Alaska Department of Commerce and Economic Development CORPORATION DIRECTORS AND STOCKHOLDERS. (Use additional sheets if necessary) % pr Shares of Ownership Full Name (Do nor use initials) _Home Address Dole of Birth A) 132- 1 1144-1)-�; Y, LAj 0, 1 rinix efortl urrn,G U.1c, 111MILT License Number Data App r vad TD ect.'s Sag -tuna 04 901181881 Page 1 WHITE --PART 1 YELLOW -PART 2 nINP.-PART 3 SECEION G. MDIVIDUALICORPORATE OFFICER INFORMATION. The following information must he provided for each appli—I or corporate officer I a )pIuarl. or c[ erp'isaAa la a'o*WsfIicn. ih�- olI !s listed mutt Inc On the President, Vice -President, Secretary and treasurer. Use add, tionaI pages as necessary. Full IDo not use hlti slat Full Name IDo not use initials) l g Address (Street or PO Bov city. Stale A Zip ("),Jul _,' k F1 c! (< Mailing Address (Street Of P0. Box, City, Slate 6 2,'p Qode) Home admeas (If dilfXnt from mi Img add del Home Address pf dlllerenl from mailing address) Home Pnone Work Pnone "t, 3 � ���c� _——_...___—._ Homyu Phone Wo k Phone , '�=._��E' __ �('_t fit k,. __ Date of B to Soc ai Se unly Number n _____ Date of Birth Social Security Number Length o l Alaaka Re,s,tlenpy 1l applicant isacorporationilden[ilythe corpdrelQ,otlloe YOU —�---s - holtl. length of Alaska Residency If applicant isacaporallon. identity the corporate office you Years Month hold. Years - Munihs ,r Full Name (Do not use imtials) Full Name (Do nut use inihalsl _ I dI 1- - . Z_ __ _ __.._.-y _— _._ __ __ Ma Ilnq tlrese%( lresl Or P.O sox -City-, stela d Z r-Gldsy / y�,..•� _� "-`�f , A`, i/ .- I✓�eA l r c_- 17L�1U 1S L C F En — ---- Mailing Address IStreel or P.O. Box, City. Stale a Zlp CuOel , -�=-F y ,L Home Address pf different from mailing address) Horne Address (it different Iran mailing actress) -—.—i'_--�r1,1�li Hra'ne Prrone, r i � b r Work Pnone J r H6ma Phone Work Pnone Del. of Birth Social Secmny N bar ate oB rth Social Security Number ' ��� 7 Length of Alaska Residency _ applicant is a =potation. Identify the corporate ollice you hold. Length of Alaska Residency It applicant Is a corporation, identify the corporate office you Years Months Veers Montns hold.Ll !� SECTION H.INDIVIVVAUCORPOA"TTEOFFI E BACKGROUND. Must be completed for all types of applicants. Does any Individual or corporate officer named above now nave any direct or Indirect Interest In any other alcholic beverage business licensed in Alaska or any other State? NO YE�S� Uyes,glveslete,nameofbuainess d dress. r l Has any Individual or corporals price, listed above oxen convicted of a felony, a violation of AS 04 or bean convicted as a licensee or manager of licensed premises in anotherslate of Ind liquor lawsof that state since the filing or the Iasi application? NO u YES If yes, please explain on separate sheet of paper. A SECTION 1. DECLARATION. Must be read ano cretilled by each applicant I declare under penalty of perjury that I have examined this application, including the accompanying scl�du)e� a70 Statements, and to the best of my knowledge and belief it is true, correct and complete.; r. 1 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 O4.11.450, no person other than the applicant(s) or licensee(s) has any direct or indirect financial interest in the licensed business. 1 agraq, to pgoytde Of information fpquiled qy the Alcpholic Beverage Cogtcol Board in §up{?grt of this application. If application is for a Beverage Dispensary or Package Store license, I certify that each applicant namedDn this application has resided in the stale oft Alaska for at leasf'one year prior to the date of this application; apolor the applicant is a corpeiratiotr registered and qualified to do business In the state of "Alaska for one year prior to the date of this application, or ail of the shard'holders have resided in the state of Alaska for at least one year prior to the date of this application. SIONATUIilf51 CURR[NY IC@JBS) (APPCIC.\RTT S(GNATURE(S) OF TRANSFEREE(S) j:�.F.+rGi... f � 1 I Subscrib "'' o before me this - i J'n4 � - ' Sut;$grip�� apq sworn to before me this day ,.s�y<:19 day of _ a �r� t9 NOTjI albj,.. NOTARY PUBLIC IN Ar10 FOR ALASKA Mysyt,mkrftsaidn.ijypffes;., , <.iv, My commission expires—,---___ _ I.... " " " i ., Aj.'oh"'k Hez C'mtrol board v 55, W venue LIQUOR LICENSE APPLICATION Anchorage, Alaslue Ml (W7) 277_8638 PLEASE REVIEW SEPARATE INSTRUCTIONS rh's application is foc (check ono) )C: A full calendar year The Six Month period beginning _...____--_.-- Send Ports I and 2 to th.- A IC E(.ard, Keep Part 3 for your 11114h; _---and ending SECTION A. LICENSE INFORMAT Ust be completed for all ty applicatto 1. Type or Applicalift: License Type I I New Rr 8rt /F 'ting P License Fee .... .. . '.- Ifirtahmc. note ViI �4 Renewal Sec. 104,11. 11" Filing Fee ........... $ ontFederal Employer's Iderttlicalon Numbs, Transfer of License Holder -'—rm- Penally (if applicable) ...... $ Liquor -License -Number --(For —Renewals sod Transferal Relocation c Total Submitted -E -for appl'-ca-h-t-s 'name -a-hou-Id appear As �lauslne.MPR_M_t, Complete Only One the license �Addless or L.-fion noses real ».JR'0' I NL; Lr RPORATEE � t 7 T K Oft - strj3honst Nur;onto �ria q" Other - --_------ --11-1 uo Community Counc1112Q AcanyasAS 011310 (S"lnstrcIInaI n � ,, { n, ) - - t , C :)U n C ' it renewal '®r vansf-er, -has the ab-0-ve-11-1cemse-co-er —exercised-,x-a-ch-ve-a-l- least- -thirly- 13-0)-e-19-M-1 -hour-onto-dur-l"--the past �--al-end—or-ye-a-r?-A-SG-4.1-1-33-0-(-3)-- *, YES i I NO I' no, attach an explanation SECTION B. PREMISES TO BE LICENSED, Must be completed to, all types of applications Name to be used on public sign or in adyertislhip to Identify promises* 5 ocaii�.n of premises greater than or less than 50 miles from the boundaries of a munict "Idly(mcwporated Illy. borough or unified municipality)? AS 04 11 4 tD of icl.ai ohJI­nco,,­Der f ' Greater the. 50 rmi.s ji� less than 50 miles hoot 13 'k. r, �1_11 I C11110SI C SECTION C. LICENSED PREMISES. For No. and Transfer of Local- fippl.call-, only. F',emlses to be licensed is ICheck appropriate box(estj Existing Facility Now Building ' Proposed Building Plans Submitted to File Marshall Dloquimi of promises attached. All ch . detaled diafian, of the premises to be hcense.d The diagram m-1 be a true and correct description of the entrances and boundaries of the premises to be l consed, and the only area where alcoholic beverages will be sold. served, consumed, possessed andlor slored "I only a portion of The floor plan is to be licon"d please in RE[,, the area where alcoholic I.yerri,los ..it be sold, ",,v.d, co-urned, possessed enclim stored,) SECTION D. RENEWAL INFORMATION. For Reno-1 Applicatons onv I as the area where alcohol beverages am sold, served, consumed, possessed anchor Stool Ha the lat-ent if fi,lanclat interest changed from the last statement submitted to the been changed from the lost diagram submitted? Alcoholic Beverage Control Board? ),aJ NO YES li Yes now illrlglal !„J NO i,.YES If yes, attach new interest statement (form 04 W8) SECTION E. TRANSFER INFORMATION. For Tran 8 to r of tjr,­5e e Holder or Relocation loc al- pplcal-s only -_--__S­--a--r-o-_-'-- ,nIwo1uhtary 1mnStar oflir�hs hoIdot -Attach docum0nrwhicov dercdetauII* uodetAS 04 11670 Req. 1. r I, a rs IS, pl manse holder - a ny iostrulonts ex -.- u lea , Win F AS (14 11 6 70 for p uroof­ of applying AS 04 11 36014 X13) in a later imolurua, y Traml ef must be tiled w,th this a pplicat on (1SAAC-104655) R.9lor personal ph:,rvfhtyc,nveVediIh this transfer ts (Allacn extra Sheol it necessary) Alto( trarefef-bupines., name and address SECTION F. CORPORATION INFORMATION, must be completed if applicant or -applicant is a corporation AS 04 11.390 Dale Incorporation in ---___—.-_the he Corporate Name Doing Business As (Business Name) Star. of Alaska Street Address or Location of Business City, State and Zip Code City sort State Corporate Office Phone No. LL R later ant Nama Agent's Alaska Residency yrs MoS Fia�qisterod Agent litylailing Address and Phone Numbeill YES I NO The above named cni-poration is in good standing wilti the State of Alaska, Department of Commerce and Economic Development, CORPORATION DIRECTORS AND STOCKHOLDERS (Use additional shoots it necessary I % or She,.$ of Ownership Full Name j0o not use initials) HoTts Address Dale of Birth HIM AMI'A vrrtctr 1.11511; IINLY _N1_16_--aG�v.Number ! onto �p31-�sd ieCW'ssigce II 04-901 (8184) Page I WHITE PART I YELLOW PART 2 PINK -PART 3 PAGE OF 2 -- SECTION CL INIDIVIDUALICORPORATE OFFICER INFORMATION. The follo—g minmallon must be provided for each applicant of corporate officer If applicant or , , applicant is a rArporalum role officers listed must include the President. Vice President, Secretary and Treasurer Use additional pages as necessary. F Ull Name (Do not use Initisls) Full Name (Do not use initials) Al, k;. , ;vr, g„ . _._____..___l_— _--._Gil cgs (Street Or P(). Box. City Stale & ZiD COda) __._._.__ ._—____________.._.____—_. Mallinp Atldrees (Street or PO Bnz, Cdy. Slate d —Zip Code) Nome Address pf dllferenr hem malllnp address) Home Address (II tllllerenl from mailing address) lfl ; , iol•pyc 995 G r , Oucce a, 49-Avy ar n ';a 9h104 Home Phone work phone Nome Phone work Phone ' 2 S Dole of Birth—^ ---- -- SO�Jal Secunly Number � _— --_.� j1 -- Date of Birth So clef Security Nylr�pa 6t r� IG 2s c n-411._Sar'' Lrmgth of Alaska 11.14.no,4 fapphcantlaacorporaflon identify the corporate office you Length of Alaska Residency Il applicant is ecorporallon ids rtily the corporate office you Years Months hold. _ __ i`I Yedro Months hold. Full Name (Do not use Initials) -_ -- Full Name (Do not use Initials) V 'van+ Ves� Mal I'nq Address (Street Or PO 6oz, City. Stale R Zip Cotle) Melling Address (Street or P.O. Box, Gty, Stale 8 Zip Code) Hume Address III different From m-tiroalllnp address) Home Address (I dtlerenl from mailing address) "'— p,. H .me Phone Work NTrone NO re Phone Work Phone _. n Date Of 8uN Social Secur ty Number Birth—__—._v.—..___.. ._-.. ity Number Date of Birth Social Security Number IT Legih Off' —_. _- ____. __—.____.....-- Alaska Residency I' If sacaDora11 , identify the corporate office you ------------__.. __----'- -._-lire Length of Alaska Residoncy ^QIPdPiicerot is a corporation identity the corporate office you Years Months Years Months SECTION H. INDIVIVUAL/CORPOARATE OFFICER BACKGROUND. Must be completed for all types of applicants Does any individual or corporate officer named above now have any director indirect Interest In any other atcholic beverage business licensed in Alaska or any other Stele? NO YES it yes, give state name of business end address. .u.- At'A, Has any Individual or corporate officer listed above been convicted of a felony, a violation or AS O4 or beeh convicted as a licensee or manager of licensed premises In another state of the liquor laws of that state since the filing of the last application? NO ❑ YES I1 yes, please explain on separate sheet of paper. SECTION I. DECLARATION. Must be read and certified by each applicant. 1 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 O4.11.450, no person other than the applicantis) or licensees) has any direct or indirect financial interest in the licensed business. 1 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 slate 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 shareholders have resided in the stale of Alaska for at least one year prior to the date of this application. _. .._.--------------_-__.- SIGNATURE(S) OF CURRENT LICENSEE(S),IAPPLICANT) [SIGNATURHSI OFTRANSFEREES) �Sr (Subs(ribed and sw r day of 'NOYARV PU I ANpFDAt My commission expires __. 04 901 f8,M) Pape 2 an � Subscribed and sworn to before me this.___.. —__--. 19._.-._.�� day of —..---- ------- 19 __-- fir , ___ .____ NOTA�RY PUBLIC IN AND FOR _AL—ASKA My commission expires WHITE --PART i YELLOW --PART 2 PINK —PART 3 616F United States Bankruptcy Court ORDER AND NOTICE OF CHAPTER 11 BANKRUPTCY U. S. BANKRUPTCY COURT, DISTRICT OF ALASKA FILING, MEETING OF CREDITORS, AND FIXING OF (Corpgration/Partnership Case) 3`e425p6", A. GENERAL INFORMATION Name of Debtor Address of Debtor KENAI MERIT INN CORPORATION 1317 W NORTHERN LTS BLVD, STE 205/f• �9 ANCHORAGE AK, 99593 r �FA : et OF T U Date Filed Case Number Soc. Sec. _d s 3\ 02/23/89 9-00206 92-0095185 Addressee: Address of the Clerk of the Bankruptcy Court U.S. BANKRUPTCY COURT 605 W. FOURTH AVE., STE. 138 ANCHORAGE AK 99501-2296 � ++ (XI Corporation C ) Partnership Name and Address of Attorney for Debtor Name and Address of Trustee JAMES T. STANLEY 3003 MINNESOTA DRIVE, SUITE 200 ANCHORAGE AK 99503 R. DATE, TIME AND LOCATION OF MEETING OF CREOITORS March 22, 1989, 10:00 AM, Room 250, OLD FEDERAL BLDG., 605 W. 4TH AVE., ANCHORAGE, AK 99501-2296 C. BANKRUPTCY INFORMATION FILING OF A BANKRUPTCY CASE. A bankruptcy petition has been filed in this court for the entity named above as the debtor, and an order for relief has been entered. You will net receive notice of all documents filed in this case. All documents which are filed with the court, including lists of the debtor's property and debts, are available for inspection at the office of the clerk of the bankruptcy court. CREDITORS MAY NOT TAKE CERTAIN ACTIONS. Anyone to whom the debtor owes money or property is a creditor. Under the bankruptcy taw, the debtor is granted certain protection against creditors. Common examples of prohibited actions are contacting the debtor to demand repayment, taking action against the debtor to collect money owed ;p creditors or to take property of the debtor, except as specifically permitted by the bankruptcy law, and starting or continuino foreclosure actions or repossessions. if unauthorized actions are taken by a creditor against a debtor, the court may punish that creditor. A creditor who is con- sidering taking actions against the debtor or the property of the debtor shouts review 11 U.S.C. 5 362 and may wish to seek Legal advice. The staff of the clerk's office is not permitted to give leoal advice to anyone. MEETING OF CREDITORS. The debtor's representative shall appear at the meeting of creditors at the date and place set forth above in box 'B' for the purpose of being examined under oath. A corporate debtor must appear by its president or other executive officer; a partnership debtor must appear by a general partner. ATTENDANZE BY CREDITORS AT THE MEETING 1S WELCOMED, BUT NOT RE- QUIRED. At the meeting the creditors may examine the debtor and transact such other business as may properly come before the the meeting. The meeting may be continued or adjourned from time to time oy notice at the meeting, without further written notice to the creditors. PURPOSE OF A CHAPTER 11 FILING. Chapter 11 of the bankruptcy law is oesigned to assist businesses which are presently unable to pay their debts, but would like to pay them in whole or in part over a period of time. Tne aebtor must obtain approval fron the court of a plan which sets forth how much and over what period of time the oeptor will pay creditors, and which may allow the debtor to reorganize a business or Liquidate assets. Creditors wilt receive notice concerning the plan, or in the event the case is dismissed. The debtor wilt remain in possession of all its property and will continue to operate any business, unLe<.s a trustee is appointed. i YOU WILL BE NOTIFIED OF THE DEADLINE FOR FILING PROOF OF CLAIM. For the Court: February 24, 198o WAYN'E W. WOLF: i _ Date Clerk of the Bankruptcy Court 210 FIDALGO I hit. Q 1111 Lit- 111i41 V-h i 3 '- v: 1 V _ _ SPIERSIT AGE PAID KENAI, ALASKA 99511 A�.�OID PENALTY AND IN 1 ER.ESTA AL AK NMI Return this Portion with Pavment. NO. 2 Billing Codes Coda Amount Reading Date Code resent Reading Previous Reading Consumption"" Amount H '.1"' I- �'�-�• 8A-Balance Forward •1 AD - Ao ustment N ,t��^}� PV Paymenl5 �'N-PerlJlly NI i2i 122229EN �. "'' i '';P Or.l�nslf J:. CN Creo is N/A NJtler I �H 5 e J_ - •�.-..;..t �rY _ J.. J.. .�C. � M1 A 26240 J.._ . 2V `'�.L. I�20 .L .35 .. I .. -E 101 W�•� a:�::�::S9hE .;_ta 40 �:ST20 4'.. G 1.t; i :36 (x •.' 2 _ _ rF.ii. :•8 F1 IT r~''I �L t iT a 190 319901 n s k4—PdY IniS Amount After Oue Dale-, .•1 32 YSag .}} a ; i.'�•',. 9-1 t� F•.mll1...{}{)i}.+:.?C; T h.1 T L:.1-311._{� ii�%.t:. r i 1 i,A* Not .}� Addre 5 tTTLA KMIC DEVELOPMENT Wi7 WNORTHERN LIGHTS }::milt_ DEVELOPMENT ANCHORAGE AK 9950; i-i I .H4:-t 1 G v v i..r.« T'i. '.:r{Ei`� I MUST Off; = 1_.t—_yr..rtE—; S . CITY OF KENAI PRESORTED THE r _ T H OF MARCH:i 989 TO ± FIRST CLASS MAIL 21(J FIDALGG t ; _ _ U 5 POSTAGE PAID KENAI ALASKA 990' 1 AVOID r N - L3D 1 •. �-T E. PENALTY •i!•�f_ I: 11• .^+i'.! i I'- r_.1-: L.�„rT a CITY OF KENAI, AK 99611 P-.- Ims Pdrhon with Pavment PERMIT NO 2 8iuvig Codes C,crl _ Amel.n -�R.+ W., Present Rea Consumption Amount --- _- _ t .: .- - F. PLEASE SAW r.0 Croons 1 127070001 ,_ _... _ _ _ 127000001 __ _ •• _ _ J/A w:ne, 1f-t� 0052210910 .1.2 070 1 '1270<_�...r01 7000 0 c- rx Te.rr,r aAl Lh -0 A-- `i.a:iS?'QI 11i_i.: ti :'-: ` 01 11 a 00c"i ir.000 '•} -'50 et; M•,c '✓E i`iiL)i__1 i��l-'EI i2:' _ t ;•1 ._._ .. _ .. G 1! 7020 0 I 9 „•� .'T 1--�'aV In�S Amoilnl •1 ALL ! /y 1r1 . w5 .t /1 f'. Service !+ Nn I V t i 0Q t sE1•� .� L,: • 1 0 - Atltlr855 •� ,! Wli_L.Ltlii �T { ) i L} �� 1 J-:•:i ME • IT INN MERIT INN st.}.;J 0 SPEr1f-tRD RD #6 WILLOWST:000WO ANCHORAGE AK 99503 `; � ;�.-2 .- •- ?mow _ .ti i AGENDA KENAI CITY COUNCIL - REGULAR MEETING FEBRUA:RY 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 2. Resolution 89-•8 - City Provide 50/50 Funding 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 4. Harbor Commission 5. Library Commission 6. Recreation Commission 7. Planning & Zoning Commission 8. Misc. Comm/Comm C-7 March 01, 1`J8 rionai Peninsula Huron,-h Attu: ►__,inch Baiclav 1 , 4 N . Binkley Soldotna. Ak 91.)6G Re; `r'ouf letter of ?5 Feb conceining i_icluor License Prot-Sc. Dear Nis Bai cla,%, Enclosed is my check for $714.52 for payment in full on it.f�m 3. real property trr::Ps cin parcel #04i 064-13 . Also, encloseci is my chec for $S-25 for payment in .full on item A, per,,.onai prol,ert:v tax accourit t;25645. Alf�o, 01-ICJ05;ell Ls my check for $21.78 f(,.,f pavmenr. io full on pei sonal proper tv ta:• Occount „124S8. Also, encJosod is ,ii.y chock for w1 , IG1 ,00 with filings for pt;riod ending oct 31, 1985, this is paid in full including 15 penalty for lace filing. Also,-jcjOsec1 i.s my chc�c-j,, for $1065.00 with filings for period enuing %,ovem'.)er 30. 1 455, also Maid in full including 10% ponal ty for late Thi , Still lea. apt to be acidressed sales ta:, owed for Dec, and Jan. i989. I am ,;(,rkin;; vei.v hard to !ring this cur r,!nt and I bf-P for a little niori� Pa.tir:nts from the Kenai Peni.sula borouJi- I ar,ticipat( this to he cleared up ,vithiti l.he next ten clays. Also, t:he saute is true it) rerarcis to the clelincluent J)aynte�nts on salef- tax accuun c #051377. ;�incerFl.y ti cha� 1 L . Bax t�l r Rainbow h,ar & Gr-ill cc: City of Koi)ai , Jariet Ru,-)tsaIa. AlcohoIic Beverage: Control 80��Id, D('t.ty Cr�11-10on. STEVE t DEPARTMENT OF REVENUE 550 W. 7TH AVE / ANCHORAGE, ALASKA 99501-6698 ALCOHOLIC BEVERAGE CONTROL BOARD l/ January 27, 1989 Janet Ruotsala, Clerk City of Kenai 210 Fidalgo Kenai, AK 99611 Dear Ms. Ruotsala: ci 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 RAINBOW BAR & GRILL CLUB EAGLES #3525 /— 3 0 — f'J PACKAGE STORE OAKEN KEG SPIRIT SiiOP #58 1791-1991 CITY OF KENAI )0'd� 4 4ia, _ 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907.283.3014 February 17, 1989 Alcoholic Beverage Control Board 550 W. 7th, Suite 350 Anchorage, AK 99501 At their regular meeting of February 15, 1989, the Kenai City Council stated they had no objection to renewal of liquor licenses for the following: Little Ski Mo Drive Inn Oaken Keg Spirit Shop #58 Eagles #3525 The Council requested a 30 day postponement for the following: Rainbow Bar & Grill Application was received on Jan. 30, 1989, Council will notify you of their recommendation by March 2, 1989. Thank you. Janet Ruotsala, CIVIC City Clerk jr Arc hohc leverage Control Board 5`.i0 W. Seventh Avenge LIQUOR LICENSE APPLICATION Anchorage, Alaska 99WI (907) 277.8638 PLEASE REVIEW SEPARATE INSTRUCTIONS This application Is for: (check onej l ,/ A full calendar year [] The six month period beginning PAGE 1 OF 1 Send Parts 1 and 2 to the ABC Board. Keep Part 3 for your fits& _and ending SECTION A. LICENSE INFORMATION. Most be completed -- 1 ----- _._ Type of Application: License —�-- 11 New ✓E4?R_6'F vlspe'! 4 i � ense Fee ............ - e Relerencw For License Year IY�Renewal Sec. 04.11 Filing Fee .............. Federal Employer's IdenliBCatlon Number Transfer of License Holder C)I.,i) _ O O 6 1 _-) D / Penalty (if applicable) ...... $ Current Liguor License Number (For Renewals and Transfers) l Relocation _ Z Z Tota led ..... o $ ills_"___.__� Enter epplipa nl's name and mailing address as it should appear us an As (Business Name) omplete O On the IidP.neB: ' G i /Cit L nlclpality (specify) atmn o1 Business RS+H/:'c7 t'.✓l ..r Tk2 e-' _. City S c2 2 _...-' --- 1-- ------ -- - Baseness Phone Numb IS) Community Council -Mailing Address AS 01.11.3/01Ssa lost uctionsl _-..____.-_...._.--tt__ II renewal or transfer. has the above license been exert feed ur achve at least thir1yry30) eigMhour days during the past calendar year? AS 04.11.330 (3) VYES L1 NO It no, attach an explanahor SECTION EL PREMISES TO BE LICENSED. Must be completed for all types of applications. Name to be used on public sign or in advertising to identify promises Is location of premises greater than or less than SO miles from the boundaries of a munipi��'� pality (incorporated city, borough or unified municipality)? —/1� ------ Distance measured under ❑ AS0411410., I_7 local xd na ucn nnnLe __ __ Closest School Grounds Closest Church �- I Greater than 50 miles Tess than 50 miles e. r�' r q�. SECTION C. LICENSED PREMISES, For New and Transfer of Location applications only Premises to be licensed is: (Check appropriate box(esp ii4lxishap Facility I New Building ❑ Proposed Bulldi,)g Plans Submitted! to Fire Maishall - I Diagram of premiss atlaehed. Altach a dolellno of thr. pn•nnsea In be licensed. The diagram n:asl t a true, and call descrlplion of the-tolvees and noundanns of the premises to be licensed, and the only area where alcoh0 is treveragns will be sold. served, cn"Laraid, possessed andlor stored, gl only a portion of the floor plan Is to he licensed, please outlino In RED the area whore, alcoholic hevaragns will be sold. served, consumedpossessed ari stored.) SECTION Q RENEWAL INFORMATION. For Renewal Applications only. - ----- -----------_- da ----- __--_mislaid angel ------- Ha9the area wham alcoholic beverages antacid, served. consumed, possessed anchor stored Has the staler rent of tlnancral interest changed from the last statement submitted to ilia been changed from the last diagram submitted? Atcohol�c SaveControl Board? 110 1-1 YES If yes, attach neN diagram Ip NO 1 YES If yes. attach now interest statement (form 04-908). SECTION E. TRANSFER INFORMATION. For 4ansler of License Holder or Relocation applications onry Involuntary transfer of license holder --Attach documents which ewda ,:e 'default" under AS 0d 11 670 )� Regularlranyfeof license holder -arty instrumen t execuled undrtr AS 0411670 lot purposes 01 applying A504.1'. 36014yB) in a later involuntary transfer, must be filed with this application (15AAC-104.655). Real or personalprope:ryconveyedwnhlhislransferis (Allachextrasheelilnecessary) Relocation Beferrtransfer-business name and.rdores:; Are, transfer -bus -tress name and address SECTION F. CORPORATION INFORMATION. Must be completed it applicant or co -applicant is a corporation. AS 64.11.390 Corporate Nome Doing Business As (Business Namel Oate of incorporellon In the Slate of Alaska M___ ailing Adtlress or Street Address or Location of Business City, Slate and Zip Code City and State 1 Corporate Office Phone No. I ___._--_... __1-_____._.-_____ Registered Agent (Name) Agent's Alaska Residency Yrs. Mos: --____-_.__---___-_.._.sine_-_.--__—.-- Registered Agent (Mailing Address and Phone Number) YES i._1 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 it necessary.) N or Shares o1 Full Name (Do not use initials) _ _ Home Address . _ Date of Birth Ownership l r ma dsncw �rrn.c vac vn�y License Number Data Approved Director's S g aru e 04 90110/881 Page 1 WHITE - -PART , YELLOW -PART 2 PINK -PART 3 ECTIQN G IN.DIVIDLALW01 ORATE: OFFu ER INFORMATION. The l.11—mg reformation must be provided for each applicant or corporate officer I• W-1 0 a .,{ p•rca �'. a yuq oraR n It— I r.rs r<ted mist inc urn he President, Vice President, Secretary and Tfeasurer Use additional pages as necessary F 11 Nerne (Do not use nit -al sl 1 Full Name (Do not use initials) , Mall: tp Atlores:i (Street or P0.80m, C I State 8 Z I i ,. P > :• Mailing Address IStr/e1 or P.O. Box, City, Slate & Zip Code) Home Address (l diflerunl from mailing addossl Home Address of different from malting address) - ____ 5-4 — -_.__ __._ _ _. _.. __._.__.— __ Hnme phone rVv'ork Ph -rs Home Phone T— WOrhPhone "-- <2 Sr z— i i? 17 Dete of Birth Social Security Number y�- �y `3 Dale of Birth Social Security Nd`rilb - 4 Length of Alaska Residency If applicant is a, orporaron, identify the corporate office you — hold. Length of Alaska Rl�side y Il applicant -s a corporation, identify the corporateollice you Years Months Years Monlha hold. Full Name (Do not use initials) Full Name (Do not use initials) .ram Mailing Address (Street or P.C. Box, City, Stale s Zip Code) �J Mailing Address (Street o PO Be.. City, Stare s ZIP Coder _.._.__—...._. ress) Hume Address III different from mailing addddr Home Address Ili dirlerenl from mailingaddress) Home Phone Work Phone Home Phone Work Ph one Date of utn social Security Number --- -- ----- - Dale of Birth --- --_ _ bet Social Secur t Number __ -- - Length of Alaska Residency Il aPphcant lsacoporel on identity the corporate ofllu,9 you Years Months hold. a Length of Alaska ResiUency�ll apphcent III sacorporel on identify the corporate office you Yeas I -- ----------- hold. Mon4he � SECTION H. INDIVIVUAUCORPOARATE OFFICER BACKGROUND. Must be completed for all types of applicants. Does any Individual or corporate officer named above now have any direct or Indirect interest in any other alcholic beverage business Ircaneed in Alaska or any other State? YNO ❑ YES II yes, give state, name of business and address, Has any individual or corporate officer listed above been convicted of a felony, a violation of AS 04 or been convicted as a licenses or manager of licensed premises In another slate of the liquor laws of that elate since the filing of the last application? 9 NO ❑ YES If yes, please explain on separate sheer of paper SECTION I. DECLARATION. Must be read and certilled 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 O4.11.450, no person other then the applicant(s) or licensee(s) has any direct or Indirect financial Inlerest 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 shareholders have resided in the state of Alaska for,at least one year prior to the date of this application. SIGNATUREIS) OF CURRENT LICENSEES) (APPL(.CANT) SIGNATURES) OF TRANSFEREEiS) Subscribed anq swo A*befxSre me this�yS E_- Subscribed and sworn to before me this _.—.— t day of �( ry -- -- 19 $ OO _ c� I •. r� day of — -- -- 19 . N Y UBL I ANO FQYLASKA- NOTARY Pl)BUG IN AND FOR ALASKA My commission expires..,�_,__.---.. My commission expires _— Suggested by: Administration CITY OF KENAI ORDINANCE NO. 1309-89 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $1,300 IN THE COUNCIL ON AGING - TITLE III FUND FOR TRAVEL EXPENSES WHEREAS, the State of Alaska has awarded the City of Kenai a grant in the amount of $1,300 to be used for travel expenses to attend the National Council on Aging Conference in New Orleans on March 29, 1989 through April 1, 1989. NOW THEREFORE BY IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: Council on Aging - Title III Increase Estimated Revenues: State Training Grant $1,300 Increase Appropriations: Access - Transportation $1,300 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 1st day of March, 1989. JOHN J. WILLIAMS, MAYOR ATTEST: Janet Ruotsala, City Clerk First Reading: March 1, 1989 Second Reading: March 1, 1989 Effective Date: March 1, 1989 Approved by Finance: administration. May substitute associate degree and two years experience. Salary: $42,000 - 56,000 DOO plus benefits. Submit resume by April 7, 1989 to Fred Pike, Mayor, Bristol Bay Borough, Box 189, Naknek, Alaska 99633. Position will be filled by May 1, 1989. EEO employer. Community Development Director - City and Borongh of Juneau. The City and Borough of Juneau is recruiting for a Community Development Director. Master's degree in urban planning or a related field and four years experience including supervisory responsibility. Will supervise staff of 12, work with Planning Commission, and implement and revise Comprehensive Plan and ordinances. Salary $50,412 - $61,968. Request formal announcement municipal Calendar and application from Personnel Office, 155 South Seward Street, Room 106, Juneau, AK 99801, phone 907-586-5250. Closes 3/24R9. Equal Opportunity Employer. City Administrator - City of Craig. Craig, Alaska (population 1,231) is recruiting for a city administrator. Budget $1.2 million; 20 employees; provides water, sewer, garbage, harbors, police, fire, streets. Active fishing and logging community. Requires 5 years of local government management and legislative experience (Alaska experience preferred) and bachelor's degree in related field. Salary $45,000 - $55,000 plus benefits. Submit 6 copies of resume with references and salary requirements to Mayor Jim Sprague, P.O. Box 23, Craig, Alaska 99921 by April 1. Position may be filled earlier than April 1; submit early. March 29 AML Legislative Committee Meeting, Westmark Hotel, Juneau, 8:00 - 5:00 p.m. For more information, contact AML at 586-1325. March 30 Alaska Conference of Mayors meeting, Westmark Hotel, Juneau. For more information, contact John Williams, ACoM President, at 283-7535, or call AML at 586-1325. March 30-31 AML Board of Directors Meeting, Conference Room, 9th Floor, State Office Building, Juneau. Meeting will start at 1:00 p.m. on Thursday, March 30, and continue through 5:00 p.m. on Friday, March 31. For more information, call AML. March 31- Northwest Municipal Managers Conference, aboard the Alaska Marine Highway. April 3 For more information, contact Dave Palmerat 826-3275. April 3-4 AMMA Spring Meeting and Training, Juneau. For more information, contact Chrystal Smith at AML. April27 Alaska Conference of Mayors meeting, Baranof Hotel, Juneau. For more information, contact John Williams, ACoM President, at 283-7535, or call AML at 586-1325. May 3-6 Western Interstate Region, National Association of Counties, Annual Conference, Cascade County (Great Falls), Montana. For more information, contact NACo, 202- 393-6226. NOTE: This is a good opportunity for Alaskan borough officials to learn more about WIR to prepare to host the next annual conference, which is scheduled for Anchorage in May 1990. AML Legisladve Bu& n #16-9 Page 8 March 10, 1989 TO Robert D. Green d/b/s G & S CONSTRUCTION 0947 P. 0. Box 1493 SOLOOTNA, ALASKA 99669 262-6223 Phone 195M Kluge and Associates 130 Trading Bay Kenai Ak 99611 k x AV 17We hereby agree to make the change (a) specified below. L _ TM`=I� 0W c, 1 �0 —1WA sea'" oNa Ke-ia:;. r.irport -err in& I Re.no3e�L BEN Joe Pr CNE Ex.}�'NQ GONrnn(;' NG. Vr ft �F Exi71 COr�IPAC.'iT—' 6` MAR 1989 o I� RVVW The following is the additional costs to remove asbestos containing I� materials. �) Additional work: 1: 348 pipe fittings, includes boiler room and remodeled area. 2: Removal of all sheet vinyl. II 3: Roof drain lines. 4. Removal of adhesive in concrete cut areas. Ij t� � Work includes disposal and complete documentation as required by the regulatory agencies. All work to be done in compliance with applicable agencies, EPA, DOL, and DEC. This proposal is not based on the mastic being removed to bare concrete. There will be a stain remaining where the adhesive has soaked into the pores of the existing concrete. Additional: Sub -Contractor $24,122.00 8% Overhead and Profit $ 1,929.00 Bond Costs S 521.00 ------- Total $26,572.00 if notice to proceed is given on March 2, 1989 the asbestos abatement will be complete by no latter than March 15, 1989. NOTE: This Change Order becomes part of and in conformance with tho existing contract_ g- — --, — is price Ca f $ WE AGREE hereby to make the change t specified above at h PREVIOUS CONTRACT AMOUNT $ 1, f TJTW0N1Fo s,aN&'T,,n1 to - ,CT00) � REVISED CONTRACT TOTAL � $ [� ACCEPTED —The above prices and specifications of pate of acceptance this Change Order are satisfactory and are hereby ac- cepted. All work to be performed under same terms and conditions as specified In original contract unless other- Signature ,OWNER) wine stipulated. KLUGE & ASSOCIATES Architects / Planners 130 Trading ®ay, ®uite 330 Kenai March 1, 1989 Keith Kornelis, City of Kenai 210 Fidalgo Kenai, Alaska P_®3-315H® Alaska 99611 Public Works Director 99611 8L Re: KENAI MUNICIPAL AIRPORT TERMINAL BUILDING RENOVATION 1989 Dear Mr. Kornelis, Unfortunately, we are not "out of the woods" yet on the asbestos issue at the Airport. As I discussed with you yesterday, the Abatement Contractor has confirmed all the floor adhesive is asbestos contaminated and that although the pipe insulation is fiberglass, the fittings, i.e. elbows, Ts, valves and roof drains are asbestos reinforced lagging. I have contacted Tom Wilson of the E.P.A., Usupeo Franko, Project Manager for the Anchorage International Airport renovation, and John Schultz, an asbestos inspector about this problem. After being made aware of the additional asbestos, I called Tom Wilsoq of the Anchorage E.P.A. office and explained the dilemma. Mr. Wilson informed me we had two options, we either remove the material or encapsulate the material and provide an Operations and Maintenance Program. I quizzed him about the floor adhesive and the possibility of encapsulating it. He felt the glue for the new carpet could serve as an encapsulant. I asked if he was familiar with Central Environmental Services, he stated he was and to his knowledge, they were a good firm. He recommended that I contact Usupeo Franko, Project Manager and John Schultz, Asbestos Inspector. They are using Central Environmental Services for the abatement at the Anchorage - Municipal Airport and have had similar problems. I called Usupeo Franko, he informed me that Central Environmental ha -- been in line with other contractor's prices for asbestos abatement ani very professional in providing services. In addition, he mentioned that they had removed vinyl asbestos tile and left the adhesive where it was to be covered with carpet. I also called John Schultz, he re- affirmed what Mr. Franko had told me. KENAI MUNICIPAL AIRPORT RENOVATION 1989 March 1, 1989 - Page 2 At this time I can only offer three options to the City and they are as follows: OPTION 1• Encapsulate the asbestos pipe fittings, mark them as such and show their location on as -built drawings. Apply new carpet over existing asbestos adhesive and show its location on as -built. drawings. In the case of the pipe fittings, approximately 20% of the fittings are currently in bad repair and require removal, another 30% are affected by the work and require removal. TherE� are also four rain leaders which require removal for the work to be completed. The cost of doing this work for the total 348 fittings breaks down as follows: 1. Removal of 174 fittings at $70/ea $12,180.00 2. Encapsulation of 174 fittings at $30/ea 5,220.00 $17,400.00 This option will require an E.P.A. approved Operations and Maintenance Program. The asbestos adhesive which carpeting is layed over will have to be noted on as-builts so any workmen in the future will be alerted to it. The carpet would be applied with an easy release glue to avoid asbestos adhesive from coming up with the carpet, if replacement should be necessary in the future. The Operations and Maintenance Program for the piping is more complicated. Not only would documentation of its presence, be required, but a periodic inspection of the fittings (at leash twice a year), posting of warning signs, and training o; custodial and maintenance workers in proper procedures f077 handling asbestos. This also opens up the possibility oa liability, such as if a workman were called to repair a lea): without being warned of the asbestos. OPTION 2• Remove all asbestos fittings from piping and apply carpet over the asbestos adhesive. This option would require documentation for the carpet as outlined in Option 1. If this work is allowed to proceed by March 2, I would anticipate that the asbestos abatement phase of the renovation project could be completed by March loth. The cost of this option is $26,572.00. KENAI MUNICIPAL AIRPORT RENOVATION 1989 March 1, 1989 - Page 3 OPTION 3 This option consists of removing all additional asbestos found by the specialists. This work can be accomplished in an additional two week period. The total cost of this option is $45,588.00. In the interest of getting this problem resolved and continuing construction, I recommend the City award the attached Change Order for Option 2 as outlined on page 2. I have been contacted by a Sub - Contractor on this Project indicating that if much more time elapses before work continues his costs will be impacted. It is critical that we deal with this issue as soon as possible to avoid an impact claim, which would add more cost to an already costly problem. If you have any questions or need additional information, please feel free to call. Sincerely, KLUGE & ASSOCIATES Bill Klu 7,Architect attachment BK/mk file:8358.2.02 1791-1991 CITY OF KENAI %Od Ca 04W4 4ia44a 210 FIDALGO KENAI, ALASKA 99811 TELEPHONE 283 - 7535 FAX 907-283-3014 February 27 1989 �ti�v 116 !c'S..l9 c TO: Tim Rogers Attorney FROM: Janet Ruotsala City Clerk Economic Development Commission made 2 motions at their 2-16 meetina. However, there were only 3 members present. There are a total of 5 members on the Commission at this time, but there are 7 members delegated to the Commission. Do the 3 represent a quorum of the 5 members, or do they still need 4 to have a quorum-,--, Thanks. jr -1 ' - __-3 1791-199' `- CITY OF K_..... „Od G'47.104.l 4 4,"„ _ 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907-283.3014 February 22, 1989 TO: Council FROM: Janet Ruotsala City Clerk V J-1 v' The Economic Development Commission, at their Feb. 16, 1989 meeting, made the following motion: Commissioner Dyer moved, seconded by Commissioner Bond, that the Commission supports the concept (Alaska -Korean Conference marketing project) and recommends a funding contribution, at the City Council's pleasure, and would allccate $250 from the Economic Development Commission's budget. Motion passed by unanimous consent. I am requesting a vote by Council on this item. 3r ECONOMIC DEVELOPMENT COMMISSION February 16, 1989 Homer Electric Association Conference Room Vince O'Reilly, Chairman 1. The meeting was called to order by Chairman, Vince O'Reilly. 2. ROLL CALL: ABSENT: Vince O'Reilly James Elson Darren Bond Barry Thompson Penny Dyer Guest: Shelly Edwards from the Economic Development District 3. APPROVAL OF AGENDA: Agenda approved. 4. APPROVAL OF MINUTES: The minutes were approved as read. 5. PERSONS PRESENT WISHING TO BE HEARD: None 6. NEW BUSINESS: A. 1989-90 Budget: Chairman O'Reilly presented the Economic Development Commission Budget FY 1989/90, and a general discussion followed. Some questions commissioners had were: What books were purchased with the $192.00? Where does the money come from for the clerical services? Chairman O'Reilly will direct the questions to the City Clerk and report back at the next meeting. Darren Bond made a motion to approve the budget. Motion seconded by Penny Dyer. Motion carried. B. Request from Economic Development District for Contribution for Alaska -Korean Conference: Shelly Edwards brought the commissioners up to date on the upcoming Alaska -Korean Conference to be held in Seoul, Korea March 3-10th. Donations are needed to help send two represenatives and a local exhibit to the Conference. Ms. Edwards spoke about the local exhibition being prepared. This is a marketing project to promote local trade, tourism, fishing, etc. Penny Dyer made a motion that the Commission supports the concept and recommends a funding contribution, at the City Council's pleasure, and would allocate $250.00 from the Economic Development Commission's budget. Motion seconded by Darren Bond. Motion carried. Ms. Edwards also brought the commissioners up-to-date on the work going on at the Economic Development District. Darren Bond asked that the commission be put on the mailing list for reports being developed by the EDD. Ms. Edwards said she would see that this is done. Page Two Economic Development Commission Minutes February 16, 1989 Chairman O'Reilly thanked Ms. Edwards for coming to the meeting and for her input. C. Resource -Development Conference in Anchorage: The Conference is being held February 24 through the ,. 25th. Commissioners would like to have Barry Thompson attend the Conference and bring back a report to this Commission. D. Joint Meeting with Harbor Commission: There will be a joint meeting with the Harbor Commission on March 9, 1989 at 7pm at HEA. The purpose of the combined meeting will be to review the final draft of the Commercial Fishing Study done by Mr. Coughenower. E. EDC Direction and Effort: Chairman O'Reilly opened up the meeting to a general discussion on the goals and objectives of the EDC. Commissioners each received copies of the original goals, objectives and policies for review. Each commissioner discussed in detail the direction they saw the Commission taking and where they invisioned going in the future. Commissioners strongly felt the need to establish some criteria for how to approach specific problems. Goals that Commissioners wanted to re-establish and implement right away were as follows: 1. The EDC needs to have available an up-to-date data base with current information on local employment, retail sales, real estate, etc. 2. Commission should be able to present the information collected and prepare reports for the public, the Council and the City Administration on the various areas of concern to the City economically. 3. Commmission can and should be used to assess and determine the City's assets and liabilities AND to develop a marketing strategy as well as a development strategy for the City of Kenai. Commissioners expressed strong support for the above - listed direction/goals for this Commission. Page Three Economic Development Commission Minutes February 16, 1989 F. New Member Suggestions: No action taken at this time. Several names of potential members have been presented to the Mayor for consideration ADJOURNMENT: The meeting was adjourned by Chairman O'Reilly at 9:20pm. ,Patti Truesdell for Services LTD For the'/City of Kenai February 19, 1989 1791-1991 CITY OF KENAI "'Od Oapd4i 4 4iad� _ 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907-283-3014 February 22, 1989 TO: Economic Development Commission FROM: Janet Ruotsala City Clerk RE: Minutes of Feb. 16, 1989 Item 6D notes the joint meeting with the Harbor Commission will be at HEA building. Please note that the meeting place has been changed to the Council chambers. 3r KENAI LIBRARY COMMISSION February 7, 1989 7:30pm Library Activity Room Chairwoman, Kathy Heus, Presiding. 1. CALL TO ORDER: The meeting was called to order by Chairwoman Kathy Heus. 2. ROLL CALL: Kathy Heus Dennis Simmons, Excused Janice Rodes Carol Brenckle Paul Turner Doug Emery In attendance: Emily DeForest, Library Director; Chris Monfor, Councilwoman. 3. APPROVAL OF AGENDA: Chairwoman Heus had two (2) pieces of correspondence to add under agenda item: Persons Scheduled To Be Heard. Paul Turner moved to approve the amended agenda, seconded by Doug Emery. All commissioners were in favor. 4. APPROVAL OF MINUTES OF JANUARY 3. 1989: Under item "Persons Scheduled To Be Heard" the name should read, Suzanne Tignor. Under "Director's Report", Nova should be in all capital letters, NOVA. Paul Turner moved to approve the minutes as corrected. Seconded by Doug Emery. All commissioners were in favor. 5. PERSONS SCHEDULED TO BE HEARD: A. There is a note in the packets from Janet R. stating that Joanne Elson will be out of town for this meeting. B. Chairman Heus read a letter from Mayor Williams responding to Susan Smalley's letter resigning from the Library Commission. 6. DIRECTOR'S REPORT: Emily DeForest gave each commissioner the report for January 1989, Film sheet for February, Calendar, and registration form for the 1989 Alaska Library Association Conference. The Conference will be March 4th in Homer. Emily will need to know how many commissioners will be able to attend. The Deputy State Director, George Smith, will be visiting the library on March 8th at 5pm. Page Two Kenai Library Commission Minutes February 7, 1989 7. OLD BUSINESS: A. Approval of the Minutes of November 1, 1988. Chairman Heus asked if the recording secretary had checked the accuracy of the motion made under "New Business". The answer was that the motion had been transcribed correctly. With that information, Paul Turner moved to accept the minutes as read. Motion seconded by Doug Emery. Motion carried. B. Recognition of New or Returning Members. Joanne Elson has been appointed to replace Susan Smally. Kathy Heus and Dennis Simmons have both agreed to remain on the commission. C. Budget: Emily distributed copies of the budget for for 1989-90 and answered questions from the commissioners. Chris Monfor reported on the City's progress with their budget. Emily is trying several ways to hold down costs, one of which is to reduce the number of maintenance contracts the library has in effect. There was no action taken on the budget at this time. Commissioners will. hold off with letters of support until March or April when the City Council will be approving the final budget. D. Other: Revision of Student Representative Requirements. Doug Emergy made a motion to rescind the November 1st motion regarding the requirement of the student represen- tative to the commission. Seconded by Paul Turner. Discussion followed. All commissioners were in favor. 8. NEW BUSINESS: A. Election of Chairperson. A motion to table this item was made by Doug Emery. Seconded by Carol Brenckle. All commissioners were in favor. B. Other: The next meeting of the Library Commission will be Tuesday, April 4th. There will be no March meeting. 9. COMMISSIONERS' COMMENTS AND QUESTIONS: Paul Turner thanked the chairperson for staying on for a a little longer. Chairperson Heus asked that commissioners be sure to let Emily know if they will be attending the Conference in Homer. She also expressed her appreciation for the vote of confidence given to her by the other Page Three Kenai Library Commission Minutes February 7th, 1989 commissioners. Final note, Chairperson Heus wants to continue to express the strong support of this commission for the additional staff needed at the library even in this time of budget constraints. 10. ADJOURNMENT: Paul Turner moved to adjourn the meeting at 8:20pm. Carol Brenckle seconded that motion. Motion carried. Patti Truesdell, Recording Secretary for the City of Kenai February 16, 1989 (0 KENAI PARKS & RECREATION COMMISSION Special Meeting - February 13, 1989, 5:00 P.M. City Hall Conference Room Chairman Dick Hultberg 1. ROLL CALL Present: Hultberg, Hanson, Massie, Siebert Absent: Medcoff, Sandahl - excused 2. APPROVAL OF AGENDA Agenda approved as submitted 3. NEW BUSINESS a. Budget for FY89/90 The Commission reviewed the budget as submitted by Director McGillivray. MOTION: Commissioner Siebert moved to recommend approval of the budget as submitted to Council, seconded by Commissioner Massie VOTE: Motion passed unanimously 4. COMMISSION COMMENTS & QUESTIONS None 5. ADJOURNMENT There being no further business the meeting was adjourned. Janet A. Loper Secretary KENAI BEAUTIFICATION COMMITTEE February 14, 1989 - 1:30 P.M. Kenai City Hall Tim Wisni_ewski, Chairman 1. ROLL CALL Present: Wisniewski, Hakkinen, Selby, Sheldon, Sparks Absent: Jackson, McComsey - excused Also Present: Councilwoman Swarner, Director McGillivray, Secretary Loper 2. PERSONS PRESENT SCHEDULED TO BE HEARD None 3. APPROVAL OF AGENDA Agenda approved as submitted 4. APPROVAL OF MINUTES of January 24, 1989 Minutes approved as submitted 5. OLD BUSINESS a. Budget for FY89/90 Director McGillivray reviewed both the Parks & Rec and Beautification budgets with the Committee. The salaries will be left up to administration and Council. Bill Mussen spent last summer in the field and also has attended schools and will be elevated this year if approved. He will work in both the Center and in the field. Jim Simeroth will not be back and is aware of the move. An added item in the budget will be a storage shed. It will be little more than a shelter but as conditions are over crowded it will help to keep equipment out of the bare elements. Councilwoman Swarner stated that it would help with our budgets if everyone lobbied for revenue sharing and municipal assistance. Director McGillivray stated that the Airport Manager was going to be requesting a mower for the airport from airport funds which will help considerably. Quite a lot of time is spent on airport maintenance and with the float plane basin opening up, more time would be spent from the two crews. KENAI BEAUTIFICATION COMMITTEE February 14, 1989 Page 2 MOTION: Committee Member Sparks moved to recommend to the Council approval of the budget as presented, seconded by Committee Member Selby VOTE: Motion passed unanimously Director McGillivray reported that Trinity Nursery is starting the plantings for this spring. The only change will be in the KENAI sign where the flowers will be bushier. Chairman Wisniewski asked about the letters 1891-1991 which was suggested by the Mayor. Director McGillivray answered that the Wildwood facility would be taking care of that. b. Discussion: New Protects Chairman Wisniewski stated that the Senior Director had been asking about the additional sidewalks at the Memorial Park. Director McGillivray answered that the number of requests for plantings did not seem to warrant additional sidewalks as yet. This may change, but the item is not in the budget. Vice Chairman Jackson was going to report back on this. Committee Member Sparks stated that the new KENAI sign is so blank on the back side, it needs something for those leaving. Several suggestions were made with the end result being that the Committee agreed that perhaps Mr. Sherman could be contacted to paint "Thank you for coming" or similar words on the back side of the sign. Chairman Wisniewski asked for the status of the Municipal Park. Director McGiilivray answered that until a decision was made on the trade lands situation nothing would be done. Committee Member Sheldon asked if the crews would be able to put anything under the swings at the ball park equipment. She had noted comments that that is a popular area and is used quite a bit. Director McGillivray answered that we no longer have a gravel_ pit and have to purchase sand which is the method that had been used in the past. He will be looking into the possibilities this summer of other more available materials. Chairman Wisniewski addressed the Lawton Strip which had been discussed at several meetings. Kenai is becoming more and more attractive while that location remains an eyesore and what is worse is that it is the first thing a tourist sees upon entering the downtown area. Director McGillivray stated that the problem lies with the old fire training grounds. That would be an undesirable location to dig and to place top soil there would be cost prohibitive unless a large project was going on. The top soil used for last years' road projects were taken to the new ball fields adjacent to the airport. There are no major projects planned for this year which would afford a large amount of top soil. KENAI BEAUTIFICATION COMMITTEE February 14, 1989 Page 3 Chairman Wisniewski stated that even thought he soil were not available and no digging can be done, at least the deadfall and scrub could be taken out. Committee Member Selby suggested the prisoners which had done such a great job at the Russian cemetery last. year. The Committee agreed that the target project for this summer is going to be the Lawton Strip cleanup. The Committee agreed that they would like to meet with prison officials which handle the outdoor work be contacted and meet with them. The Committee set March 21st as the next meeting date and plans would made concerning what is to be done with the least amount of money and what help can be obtained from the Wildwood facility. 6. NEW BUSINESS None 7. COMMITTEE QUESTIONS & COMMENTS None 8. ADJOURNMENT There being no further business, the meeting was adjourned. Janet A. Loper Secretary to the Committee PAYMENTS OVER 41.000 WHICH NEED COUNCIL APPROVAL OR RATIFICATION COUNCIL MEETING OF: MARCH 1, 1989 FOR RATIFICATION: '-EN DOR DESCRIFTIOti DEPART'1F.NT AGCOLVT A2I0L3T MZSC. - MI;USDA. COTTRELL FINAL ON 6/30/88 AUDIT LEGISLATIVE PROFESSIONAL SVS, 1.000.00 DO LE'S FUEL SERVICE GASOLINE SHOP OPERATING SUPPLIES 4.309.84 STATE OF ALASKA 1988 4111 QUARTER L-\EMPL0YLENT VARIOUS ESC 4,933.09 WALTERS & OLSON MISCELLANEOUS CITY INSURANCE NON -DEPARTMENTAL INSURANCE 8,852.00 WIEN'S RESOURCE CENTER JANUARY CHILD CARE WOMEN'S RESOURCE ACCOUNTS RECEIVABLE 13,325.43 KEY TRUST CO. 1967 DEBT SERVICE PRINCIPAL 1967 DEBT SERVICE PRINCIPAL 17.092.50 1967 DEBT SERVICE INTERESI 1967 DEBT SERVICE INTEREST 250.00 BLUE CROSS OF AK & WA MARCH MEDICAL INS. VARIOUS HEALTH INSURANCE 24,226.28 110MER ELECTRIC ASSN. ELECTRIC SERVICE VARIOUS UTILITIES 31,708.81 -- -"_ - ---" NATIONAL BANK OF ALASKA CD 2117/89 CENTRAL TREASURY CENTRAL TREASURY 750.000.00 8.1% INT. CD 2/24189 CENTRAL TREASURY CENTRAL TREASURY 650.000.00 8.2% INT. 9A710NAL BANK OF ."FYICO CITY MORTGAGE REVENUE NOTES CENTRAL TREASURY CENTRAL TREASURY 4.6 BILLICN (PESOS) 37.112% INT. FOR APPROVAL: - - - VENDOR DESCRIPTION DEPART`IENT ACCOUNT A.`l0UNT `1ISC. 6 & S CCNSTRUCTIO�. PAY ESTI`LATE :;I, A.P. RENOVATION A.P. RE`:OVATI0N CONSTRUCTION 25,661.00 WHITE - VENDOR GOLDENROD - ACCOUNTING CANARY - ACCOUNTING BLUE - SHIPPING & RECEIVING GREEN - APPROVED COPY PINK - REQUISITIONER VENDOR NO. 15002 F BILL KLUGE & ASSOC. Ordered by 130 TRADING BAY Date KENAI, AK 99611 Contact Phone TO in SHIP VIA: PURCHASE ORDER CITY OF KENAI 210 FIDALGO ST. PHONE 283.7538 KENAI, ALASKA 99611 I0 s H 1 THIS PURCHASE ORDEI NUMBER MUST APPEAR ON ALL PACKAGES AND PAPER; RELATING TO THIS PUR CHASE. No. Dore 02/27/89 ok4 BY cwAu c rWDFrTtNQ DELIVERY DATE PREPAY SHIPPING - CHARGE E O B PER QUOTATION PURCHASES AUTHORIZED ONLY WHEN SIGNED ABOVE BY SEPARATE ON INVOICE THE FINANCE DIRECTOR OR HIS AUTHORIZED AGENT ITEM NO. _ DESCRIPTION OR ARTICLE QUANTITY ORDERED UNIT UNIT PRICE AMOUNT ADDITIONAL FEES FOR ASBESTOS INSPECTION $ $ 1,905. STATEMENT BELOW READ OR MAILED TO VENDOR. !PO is for all cost & freight to Kenai _Freight for this PO is on PO # NO ADDITIONAL COSTS WILL BE PAID WITHOUT AUTHORIZATION & NEW PO PRIOR TO DELIVERY. TOTAL $ 1,905. ACCOUNT NUMBER AMOUNT 303.50.8097 $1,905.0 DEPARTMENT 141,0'eoo ✓ o a y DEPARTMENT HEAD' 9/I -5-/ e9 REQUISITIONS GOER S1.000 WHICH NEED COUNCIL APPROVAL COr;CIL MEETING OF: "LARCH 1. 1989 VENDOR DESCRIPTION DEPARTMENT ACCOUNT AMOUNT ALASKA PU`1P & SUPPLY DIESEL TRASH PLT'_iP WATER "LACHI"EERY & EQUIP. 1.257.02 SEWER "LACHINERY & EQUIP. 1.217.02 I':DCSTRIAL ELECTRIC REPAIR LIFT STATION PUMP SEWER REPAIR & `LAINTESANCE 1.500.00 EST. WESTERN LIBRARY NETwORR NETWORK SERVICES LIBRARY CO`eIL^.:ICATION 3.000.00 y� Q� /V /� - .3 Suggested by: Administration CITY OF KENAI ORDINANCE 1307-89 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $3,575.24 IN THE SENIOR CITIZENS -BOROUGH SPECIAL REVENUE FUND. WHEREAS, the United Way bias awarded the City an additional grant for emergency food: -and shelter. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: Council on Aging - Borough Increase Estimated Revenues: United Way Emergency Food Grant $3,575.24 Increase Appropriations: Operating Supplies $3,575.24 PASSED BY THE COUNCIL OF -THE CITY OF KENAI, ALASKA, this 15th day of March, 1989. JOHN J. WILLIAMS, MAYOR ATTEST: Janet Ruotsala, City Clerk First Reading: March 1, 1989 Second Reading: March 15, 1989 Effective Date: March 15, 1989 Approved by Finance: �'4' people Come Jac. P.O. Box 1310 Kenai, AK 99611 (907) 283-4099 February 23, 1989 City of Kenai 210 Fidalgo Kenai, AK 99611 People Count, Inc. is requesting permission, from the City of Kenai, to operate Bingo and Games of Chance (Pull Tab Sales) at the Peninsula Moose Lodge, 12853 Kenai Spur Highway, Kenai, Alaska 99611. We are planning to begin the operation on Friday, March 31, 1989 and will hold games each Friday night thereafter. r Enclosed is a copy of our current permit and a copy of our application. We are requesting that the application be signed by the City Clerk. If you should need further information or have any questions regarding the above, please feel free to contact me. Sincerely, Bonnie Smith, Director of Community Services BS/Jg Ratum the white and yellow copies of pages 1 and 2 to: Games of Chance and Contests of Skill Alaska Department of Revenue Income and Excise Audit Division PERMIT APPLICATION P.O. Box SA Juneau, Alaska 99811-0400 Please read the instructions before completing this application. 1989 4AME OF ORGANIZATION 5. ESTIMATED 1989 GROSS RECEIPTS People Count, Inc. $30,000 Mailing Address 6A. RENEWAL APPLICATION 0. Box 1310 Most Recent 88112 Year 1988 PermitNumber: Issued: _ Attach the following: _P. City, State, Zip Code Kenai, Alaska 99611-1310 9 Current Alaska membership list (must have at least 25 members) C& 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 _ 68. NEW APPLICATION see AS 05.15210 and 15 AAC listed. See AS.05.15210 and 15 105.010-.030. AAC 105.110:160. Number of Years Organization ❑ a Charitable (N 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: ❑ a 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 co of articles of incorporation, or if not incor- copy series of games.) posted, copy of bylaws and national and state charters ❑ e. Fishing Derby Association ® b. Raffles & Lotteries ❑ Copy of IRS certificate or letter of tax exemption issued to non- I ❑ f. Fraternal IN c. Pull -tabs profit organizations, if applicable ❑ g. Labor ❑ d. ice Classics ❑ Documentation showing organization has been in existence in ❑ h. Municipality Ele. Dog Mushers' Contests Alaska three years or more ❑ f. Non -prof it Trade ❑ f. Fish Derbies Name and Mailing Address of National Organ izatia+tyif-applicable): Association ❑ g. Rain Classics ❑ j. Outboard Motor ❑ h. Mercury Classic Association I < Elk. Police or Fire Department ❑ I. Goose Classic = 1 and Company ❑ I. Salmon Classic ❑ I. Political ❑ k. Contests of Skill ❑ m. Religious ❑ 1. Marksmanship 7. FEE. Check the appropriate box and enclose flee correct amount. If gross receipts from all �., .^ �, �� -Teri'-t(ie ❑ n. Veterans ❑ 2. Races ❑ 3.Other: (Specify) ,_,,-L. 1988 gaming activities were:---peimit Fee is: ❑ $0-$19,999; or if you are a New Applicant .......... $ 20.00 4.ORGANIZED AS: ® Corporation ®$20,000-$99,999 .............................. $ 50.00 ❑ Other ❑ $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. Diane Simmons President 501- 283-4099 FOR DEPARTMENT OF REVENUE USE ONLY Date of Receipt Stamp Permit Number ite of Issue: Financial Statement: ❑ Yes ❑ No ❑ New NOTICE: GAMING ACTIVITIES MAY NOT BE CONDUCTED UNTIL THE PERMIT IS ISSUED. Form 04{43 Page 1 IHev. 9i88) (c. ¢ `r.:ar r u s' .:'an o use f -le net proceeds from gaming ac ` vit e, �)r !i;e a—Wirg of prizes, and for pol tt: al, e•lucation;�l, civic, prblic, charitable, patriotic or religious uses in Alaska.. (See instructi.)ns for :spi:c:ific rn le; 01 7ovi proceeds :ar and cannot t;ta spent I In the space below, tell how your organization plans to use the net proceeds from he gaming Ectivit es. Be zoecific. 'Elie net: proceeds of Games of Chance will be used exclusively for employment and training programs and charitable purposes. 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. Marie Becker td. sio2 Drctr Name Jack E. Brown Daytime Telephone No. 283-4099 Mailing Address Social Security No. Mailing Address Social State, Zip Code City, state. zip Code Nikiski, AK 99635 Kenai AK 99611-1310 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 I Daytime Teleonone No. of Premises The Pines, Mile 26.9 Spur Highway, Nikiski, AK 99635 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 Copy of Contract with Operator. 4 N /A [I Is Attached ❑ Will be sent by certified mail no later than 15 days before the activities are conducted, l 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 fora 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? ❑ [ r— 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. , I declare under penalty of unswom 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 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 orobjection 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: 5Z Yes ❑ No (Attach explanation of objection) Signature of Local Government Official Title Date Printed Name of Person Who Signed Telephone No. Form 04-W Page 21Hev.9/8e) NOTICE: ANY FALSE STATEMEN* MADE ON THIS APPLICATION IS PUNISHABLE BY LAW. laska Department of Revenue icome and Excise Audit Division SA JuunO. e u,Aaska99811-0400 AUTHORIZED GAMES OF CHANCE AND SKILL PERMIT This certifies that the municipality or qualified organization named below has applied and paid the fee for a permit to conduct games of chance and skill during all or part of the period from January 1 through December 31 of the permit year. Games shall be cond:,lcted in accordance with AS 05.15 and 15 AAC 105. 04 651 (Rev, 8188) People Count, Inc. P. 0. Box 1310 Kenai, AK 99611-1310 This permit must be posted in a conspicuous place at the location of the autho- rized activities. C� J PERMIT NUMBER PERMIT YEAR DATE ISSUED 89-0054 1989 1/10/89 LOCATION OF ACTIVITIES The Pines 26.9 Spur Highway, Nikiski. GAMING ACTIVITIES AUTHORIZED Bingo Raffles & Lotteries Pull -tabs THIS PERMIT IS NOT TRANSFERABLE OR ASSIGNABLE Paul Dick ISSUED BY Return the white and yellow copies of pages 1 and 2 to: Games of Chance and Contests of Skill Alaska Income and Excisement Audit PERMIT APPLICATION Income and Excise Audit Division P.O. Box SA Juneau, AlaskaM11-04M Please read the instructions before completing this application. 1989 1. NAME OF ORGANIZATION 5. ESTIMATED 1989 GROSS RECEIPTS r�,:&jj Al ASSOCIAl'IO:; 02 _JLT7:t D P ,i'Si :S Z00.00 745 "nprw_ Mairing Address 6A. RENEWAL APPLICATION P. 0. Box 2214 Most Recent 37-251 Year 1938 Permit Number: Issued: Attach the following: _ City, State, Zip Code Kenai, .il.:.ska 99611 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 88. NEW APPLICATION see AS 05.15210 and 15 AAC listed. See AS.05.15.210 and 15 105.010-.030. AAC 105.110060. Number of Years Organization Since 1971 — 13 J rs ❑ a Charitable a Bingo (NOTE: Bingo games Has Been in Existence in Alaska: _ 14 b. Civic or Service must not be held more than Attach the following: 9 occasions in a calendar ❑ a 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 series of games.) El true co rpo copy of articles of incorporation, or if not incor- [� a Fishing Derby Association :] b. Raffles & Lotteries porated, copy of bylaws and national and state charters SPY of IRS certificate or letter of tax exemption issued to non- Elf. C7 Fraternal c. Pull -tabs profit organizations, if applicable (� g• Labor ❑ d. Ice Classics ❑ Documentation showing organization has been in existence m h. Municipality ❑ e. Dog Mushers' Contests Alaska three years or more C'j i. Non-profit Trade ❑ I. 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 i. Goose Classic and Company ❑ j. Salmon Classic ❑ 1. Political ❑ k. Contests of Skill 7. FEE. Check the appropriate box and enclose the correct amount. ❑ m. Religious _ 1. Marksmanship P ❑ n. veterans _ 12. Races If gross receipts from all Then the 1988 gaming activities were: Permit Fee is: C 3.Other: (Specify) -Q $0-$19,999; or if you are a New Applicant. . . . ...... $ 20.00 4.ORGANIZED AS: ❑ Corporation ❑$20,000-$99,9%.............................. $ 50.00 lather t1sSOCiatiOn ❑ $100,000 or more ............................. $100.00 a. LOCAL OFFICERS (must be current, bona fide members in good standing) NAME TITLE SOCIAL SECURITY NO. DAYTIME TELEPHONE NO. Connie Burhard President 539- 7717 FOR DEPARTMENT 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. Fam 044r3 Pape I (Rev 9I8M . � _ , ..mow;•, :. 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. Sc zolars:aips au:asiiiiie_ 0o_uaittee -purchases -reet-�>, eras, postage, and -ifis for shutiiis, Liazd ill members. :rifts to U:iited day, foments it:esource Oe_:ter, Kenai Senior Sertices and Soldot_.L. Senior Center. Scholarsaips - 2orei-n exch:a >a-e students 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 No. Constance 3urnard 283-9307 :Iargaret ShervanicIz 283-7145 Mailing Address City, State, Zip Code City, State, Zip Code -loll _:enai., .laska 99611 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 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 copy of contract witn operator. ❑ Is Attached ❑Will be sent by certified mail no later than 15 days before the activities are conducted. 13. THESE OUESTIONS MUST BE ANSWERED. YES NO ❑ ;&I 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? ❑ 4�9 3. 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. 1a. 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. 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 appl ication either have been or will be delivered to the nearest city or borough office for review. Signature Printed Name y� Date 0 o h -act_ , L1 r n-a 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. Form04143 Pap 2lRev.918% NOTICE: ANY FALSE STATEMENT MADE ON THIS APPLICATION IS PUNISHABLE BYLAW. " 1791-1991 CITY OF KENAI %Od lgi2j0iia� 4 4" _ 210 FIOALGO KENAI, ALASKA 9"11 TELEPHONE 283 - 7535 FAX 907-283-3014 February 27, 1989 TO: Harbor Commission Economic Development Commission FROM: John J. Williams mayor Please be advised that a joint meeting of the Harbor Commission and the Economic Development Commission will take place March 9, 1989 at 7:00 PM in Kenai City Council chambers to review the Coughenower report regarding fisheries development in the Kenai area. Additionally, preiiminary discussions under direction of the Economic Development Commission will take place in preparation for a major policy review of the City of K.enai's economic development program as it involves the development of infrastructure in support of the locai fishing industry. It is our intent to develop an agenda of items for discussion at a meeting to be held on Saturday, March 18, 1989 at 9:00 AM at the Kenai City Hall. Please plan to attend. Cordially John )V Williams Mav CC: Honorable Paul Fischer Honorable Mike Navarre Honorable C.E. Swackhammer Waldo Coyle Jim Carter Stan Stedman Fish Processors JJW:jr ..x�%.w.,.. ... .. .._.. ,r:x�Y�ra.::c. :,�.c ,...-..;S.iF'..+r .ia:,i� w��d' �•v kF 1791-1991 CITY OF KENAI 210 FIDALGO KENAI, ALASKA 99M1 TELEPHONE 293 - 7535 FAX 907-283-3014 _ u_ -. , , y989 Kenai ".-ar,Loer of Commerce Board cr 7.�4;_rectors Bost 7 Kenai, 99:1611 r:enai wiii be coordinating a meeting between memiiers of the Harbor Commission, Economic Development Cemmissi3n, City Council and members of the fish processing industr .-:, an attempt to develop a better understanding of position in regard to development of infrastructure and enhancement through economic development for the fish processing industry in the Cook Inlet. The meeting will Le held on Saturday, March 18, 1989 at 9:00 AP] in the Council chambers at City Hall. Sen. Fiscaer, Rep. Navarre, and Rep. Swackhammer have been invited to attend. we hope that you will take the time to attend this most important meeting as the future of the development of infrastructure and the seafood industrial park will depend to a great extent upon the outcome of this meeting. Please ask members of your Board of Directors to attend. L�Af�WGA Y,�i KENAI CHAMBER OF COMMERCE FEBRUARY 27, 1989 PAGE 2 Thank you very much for your time and efforts on behalf of the entire community. Cordially ycgrs John Williams Mayor cc: Sen. Paul Fischer Rep. Mike Navarre Reb. C.E. Swackhammer Waldo Ccvle Harocr Ccmimission Eccncmic Development Commission Jim Career Stan Stedman Fish Processors Kenai City Council JJW:jr 1791-1991 CITY OF KENAI -Oil G'Iaoiez," 4 4itzei"„ 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907-283-3014 February 27, 1989 Honorable Paul Fischer hiaska State Senate Box `J Juneau, hK 99801 Enclosed please land copies of letters that have been sent to members of the Harbor Commission, Economic Development Commission, pity Councii and members of the fish processing industry in the local area regarding development of the seafood industrial park and future involvement of the City of Kenai in me lashing industry in the Cook inlet. Your presence at ii.ne meeting of i�Iarcri 18, 1989 and input regarding tnese matters will be greatly appreciated. Z, ohn J Williams M'4ayo JJW : j r L v V StIstro'hte* Aviation Pol x ymer Engineering Company P.O. Box 4464 Sol.dotna, Alas,j��_� (907) 283-3407 �02�2223242s��.X (947)263-2543 0� L City of Kenai Office of The Mayor 210 Fidalgo Street Kenai Ak. 99611 Dear Sir: Our firm is in the process of establishing a defense contracting facility in Kenai. This facility will produce replacement parts for aerospace, marine and special purpose wheeled and tracked vehicles. The principle but not only customer for these products will be the Defense Departments Spare Parts Replenishment System. We have been actively bidding on contracts since September and to date we have been advised that we are the low bidder on nine contracts totaling $1,042,000 Over the past fifteen years I have researched and cataloged more than 190,000 items that meet a criterion designed to indicate weather or not a particular part can be.profitabily manufactured in Alaska. This is an on going process and we add several items each day. The government solicits more than 5,000 bids each day and I am certain that our effort in this area could be more productive than it is. Having grown up in Kenai, one of my chief concerns in planning this operation has been its impact on the community. Initially, our firm will have very little effect on the local economy owing to its small size. At the end of the first year our firm will employ 12 people with a payroll of around $200,000. By the end of its fifth year Stratoplex will employ 40 to 60 people with an annual payroll of around $1.000,000. These figures are dependant our ability to find and train people from the surrounding community. Since a huge market already exists for these products our task will consist of addressing that market in an orderly and profitable manner. The major areas of effort will be equipping and manning a facility to minimum levels that are acceptable to the Defense Logistics Agency. One area of concern, at this point, is financing our start up operations. The Defense Department makes very stringent demands on its contractors in areas of personnel, facilities and finance, to the extent that we can improve our position in these areas, We can increase our participation in the Governments procurement process. Accordingly, we are preparing a request for funding through the Alaska Science and Technology Foundation as well as through more traditional sources. Obviously Stratoplex can not solve all Alaskas employment problems. But I feel that we are as able as any company to provide an example of the kind of enterprise that will begin to stablize the economy and the employment situation. The factors that have caused the current situation are indicators of deeply rooted problems in the economy of Alaska. These fundamental flaws will ultimately be solved only through a change in our basic approach to economic growth I believe that our firm can demonstrate at least one sound approach to creating a dynamic economy in Alaska. I realize that you are in no position to make any judgement as to the Financial or technical merit of this project but I hope to enlist your support of the concept behind this proposal and of its potential value to this community. If you have any questions or would like to know about our plans, please do not hesitate to call on me. Respectfully Gregory M. Nelig Owner Page 2 1791-1991 CITY OF KENAI %Od 1261,104;W 4 4i4a,&o6 _ 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907.283-3014 March 1, 9989 Stratoplex Aviation Polymer Engrg. Co. Box 4464 Soldotna, AK 99669 Attn: Gregory .Neligh Owner Dear Mr. Neligh: Thank you very much for your letter of February 27, 1989 concerning your involvement with defense contracts and your intention to locate here in the City of Kenai. The City of Kenai's position relative to economic development of any sort that benefits the City has been well publicized. it goes without saying that the City of Kenai will work with you an any manner we can to ensure the success of your business. I would very much appreciate the opportunity of having you address our Economic Development Commission at any of its regular meetings so that they may be made aware of your project. I would be very happy to meet with you personally and would like to include Vince O'Reilly, chairman of the Economic Development Commission, at a date that would be convenient for you. Once again on behalf of the City of Kenai, thank you very much for your interest. IJn J. Wi iams Mayor cc: Vince O'Reilly Economic Development Commission JJW: j r TELEPHONE 00#4V (907) 586.1325 �,/ 217 SECOND STREET, SUITE 200 FAX 463-5480 JUNEAU, ALASKA 99801 MEMORANDUM TO: AML Board of Directors AML Legislative Committee FROM: Scott A. Burgess, Executive Director DATE: February 15, 1989 SUBJECT: "In Place" Resources Legislation With consensus of the Board to add legislation calling for a two-year temporary exemption and a study of the impacts and alternatives to exempting in place resources from municipal property tax to our Municipal Platform priorities, I am enclosing draft legislation which will probably be introduced by Senator Adams at our request on Wednesday. I have also enclosed HB 159 which was introduced by Representative MacLean. HB 159 more closely follows AML Resolution 89-21 passed at the conference and calls for a mandatory exemption of in place resources from municipal property taxes (i.e. not temporary and no further study). Representative MacLean may introduce a sponsor substitute that mirrors Senator Adams' bill and plans to schedule a hearing perhaps as soon as next week. The confusion over the two bills has been fueled by confusion within the Representative's and Senator's district. While Kotzebue supports the temporary exemption, the Northwest Arctic Borough has said they support the mandatory exemption. While that difference may be settled soon on its own, AML is supporting Senator Adams' bill. In any event, AML will also work to ensure that the municipalities' rights to levy a severance tax on these resources is clarified and/or maintained. The Administration has said they will.support Senator Adams' bill if CRA is the lead agency for the study. This is reflected in the draft enclosed. I am sending this out for your information. If you have any questions, please call. Enclosures SA82/a:memo MEMBER OF THE NATIONAL LEAGUE OF CITIES AND THE NATIONAL ASSOCIATION OF COUNTIES Introduced: 2/8/89 6-0723A Referred: Community & Regional Affairs and Finance 1 IN THE HOUSE BY MACLEAN 2 HOUSE BILL NO. 159 3 IN THE LEGISLATURE OF THE STATE OF ALASKA 4 SIXTEENTH LEGISLATURE - FIRST SESSION 5 A BILL 6 For an Act entitled: "An Act relating to exemptions from municipal prop- 7 erty taxation; and providing for an effective date." 8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 9 Section 1. AS 29.45.030(a) is amended to read: 10 (a) The following property is exempt from general taxation: 11 (1) municipal, state, or federally owned property, except 12 that a private leasehold, contract, or other interest in the property 13 is taxable to the extent of the interest; 14 household furniture (2) and personal effects of members of 15 a household; 16 (3) property used exclusively for nonprofit religious, 17 charitable, cemetery, hospital, or educational purposes; 18 (4) property of a nonbusiness organization composed en- 19 tirely of persons with 90 days or more of active service in the armed 20 forces of the United States whose conditions of service and separation 21 were other than dishonorable, or the property of an auxiliary of that 22 organization; 23 (5) money on deposit; 24 (6) the real property of certain residents of the state to 25 the extent and subject to the conditions provided in (e) of this 26 section; 27 (7) real property or an interest in real property that is 28 exempt from taxation under 43 U.S.C. 1620(d), as amendedi 29 L8) undeveloped natural resources in place including proven UB0159A -1- H8 159 1 or unproven mineral and other deposits of valuable materials, unhar- 2 vested aquatic plants and animals, and timber stumpage. 3 Sec. 2. This Act takes effect immediately under AS 01.10.070(c). Fib 159 -2- HBU159A WORK DRAFT WORK DRAFT 6-0725A Ccok 2/13/89 f c IN THE SENATE BY ADAMS SENATE BILL NO. IN THE LEGISLATURE OF THE STATE OF ALASKA SIXTEENTH LEGISLATURE - FIRST SESSION A BILL For an Act entitled: "An Act relating to an exemption from municipal property taxation for natural resources in place; and providing for an effe.tive date." BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: * Section 1. TEMPORARY TAX EXEMPTION. Natural resources in place, including proven or unproven mineral and other deposits of valuable mate- rials and timber stumpage, are exempt from property taxation by a munic- ipality. i * Sec. 2. STUDY AND REPORT. (a) The Department of Community and negional Affairs shall study and compare the potential effects of (1) total exemption from municipal property taxation for natural resources in place; (2) partial exemption from municipal property taxation for natural resources in place; (3) no exemption from municipal property- taxation for natural resources in place; (4) total or partial exemption from municipal property taxation for natural resources in place at the option of each municipality. (b) In conducting the study under (a) of this section, the Department of Community and Regional Affairs shall consult with the Department of Revenue and with the Alaska Municipal League. By January 15, 1991, the Department of Community and Regional Affairs shall report to the legisla- ture its findings and recommendations regarding municipal property taxation of natural resources in place. -1- wvnn UK" 1 1 2 3 4 5 6 7 8i9 10 11� I I t 12, 13 14' 15 16. f 17; t 1B. 19, i 20� I 211 22 231. r 24 25 26 27 �I 28 * Sec. 3. This Act is repealed January 1, 1992. * Sec. 4. This Act takes effect immediately under AS 01.10.070(c). If -2- 1791-1- CITY OF KtnAI , ,ail 69ajadal 4 41424" " _ 210 FIOALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907-283-3014 MEMORANDUM TO: "ounciI Members FRO'-d. Timothv J . Rogers, City Attorney DATL. eb=.:ary i, 1989 RE:=ssass::en` Delinquency Foreclosure As I ment,-onea curing the City Attorney's report in the City Council Meetin.; f February 15, 1989, I have filed an action foreciosing on c�_:rtzin property for nonpayment of assessments for 1988. ttac:,,�d copy of the certified list of people wno are delinquent an-,., a -Letter which will be sent to eacn person on the list. TJR/clf Attachments Re: Parcel No. TAKE NOTICE t~at on _abruary 15, 1989, the City of Kenai riled in the Superior Court. Third Judicial District, State of Alasra, a certified copy or the Special Assessment Foreclosure List for the City of Kenai for 1?83 Delinquent Special Assessments, together with a Petition Lor judgment and Decree. A copy of the Special Assessment Forecicsure List and the !petition for Judgment ana Decree are enclosed. During the time of publication of the Foreclosure List, and up to the expiration or zte statutory period for redemption, any person may make full payment on any piece or tract on the list together with the penalty ana interest and proportionate share of the costs of publication and foreclosure. Payment will remove the property from the fcreclosure suit. Within thirty 13A cays after the filing of the Petition for Judgment and Decree, any person owning or having any legal or equitable interest in, or lien upon, any tract listed on the Foreclosure List may rile an Answer,' 1perior Court in defense for judgment of forecicsure. The Foreclosure List shows the names of th &bersons appearing on the latest tax roll as respective owners of the properties subject to special assessments for improvements, a description of each property as it appears on the latest tax roll, the years for which special assessments for improvements are delinquent, the amount of the special assessment for improvements for those years, and the amount of penalty and interest. Pacte L r The Court shall order that the properties act` which the Judgment and Decree of Foreclosure is entered shall be sold directly to the City of Kenai for the respective amount of delinquent special assessments, plus penalty, interest, and costs for which the oronerti.es are liable. CITY OF KENAI s---� Timothy j. Rogers City Attorney TJR/cif Enclosures Timothy J. Ropers City Allomey CITY OF KENAI 210 F-dwoo Kenai, Alaska 94611 2833441 FAX 293 3U14 IN THE SUPERIOR COURT FOR THE STATE OF ALASKA THIRD JUDICIAL DISTRICT AT KENAI IN RE: CITY OF KENAI ) 1989 FORECLOSURE OF 1988, ) I� DELINQUENT SPECIAL ) ASSESSMENTS. ) 3KN-89- CIV. PETITION FOR JUDGMENT AND DECREE COMES NOW, City of Kenai, by and through its undersigned attorney, and states and petitions as follows: 1. Petitioner, City of Kenai, is a municipal corporation J! duly organized and existing under and by virtue of the laws of the; i State of Alaska, and situated within the Third Judicial District of the State of Alaska. 2. During the years 1973 through 1988, the City of Kenai, pursuant to state law and ordinance, constructed certain water and sewer and street improvements which were funded by special assessments on benefitted properties over a ten-year period as listed on a valid special assessment roll. 3. The assessments listed on the accompanying foreclosure list are delinquent because they have not been paid on or before the date due after notice of assessment and the mailing of statements to the owners of record, and have not been paid as of the date of filing this petition. The assessments are payable annually. A penalty of ten percent of the assessment remaininc unpaid and due was imposed from the due date. No interest has beer 1 - PETITION FOR JUDGMENT AND DECREE Timothy J. Rogers Cily Attorney CITY OF KENAI 210 F,Oaloo Kenai, Alaska 99611 2833441 FAX 283 3014 charged on the amount of the penalty. The assessments are wholly) due, owing, and unpaid to the City of Kenai, together with penalty, interest, and costs of this foreclosure. 4. Pursuant to the provisions of AS 29.45.330, a notice is being published in the Peninsula Clarion, a newspaper of general circulation in the Kenai Peninsula Borough, stating that the 1989 assessment foreclosure list is available for public inspection at the office of the City of Kenai, and has been presented to the i Superior Court with a petition for judgment and decree. j 5. That a copy of the foreclosure list, certified to by the I Clerk of the City of Kenai and showing tracts of land in the City j upon which assessments imposed and levied by the City of Kenai are delinquent as of this date, is attached hereto and by reference incorporated in and made a part of this petition as Exhibit "A". ? WHEREFORE, the City of Kenai respectfully prays as follows: k i 1. That 'the Court pass upon and determine the legality of i said foreclosure list and of any and all assessments on the ` property therein described or shown. f 2. That the Court fix its judgment and decree for the whole r amount of the delinquent assessments including interest and penalties due thereon. 3. That the Court make an Order directing the several tracts of land in the foreclosure list described, upon which the assessments have not been paid, be foreclosed and transferred to the City for the lien amount. 2 - PETITION FOR JUDGMENT AND DECREE Tlmolhy J. Rogers C.ly AIInmey CITY OF KENAI 210 F-Aa1oo Kena.. Alaska 9%11 283 1441 FXI:283;1014 4. That the Court direct the Clerk of the court to assess proportionately the costs of publication of the foreclosure list and of their proceedings to the several tracts so foreclosed so that each tract shall bear its proportionate share of such casts. 5. That this Court award the petitioner a reasonable attorney's fee, to be so proportionately taxed, as well as such further relief as to the Court may appear just and equitable. 6. That the judgment of this Court against each parcel of land shall be several and shall bear interest at the rate of 10.5 percent from the date of entry thereof. DATED at Kenai, Alaska, this w day of February, 1989 CITY OF KENAI Bye:' Timothy J. Rogers City Attorney 3 - PETITION FOR JUDGMENT AND DECREE OWNER TARCEL #--LEGAL-DESCRIPTION Allmon, Mary 04504004 POR Gov. Lot 9, Sec. 33, T06N, R11W OWNER PARCEL # Best, Max J. & Connie 04101351 CITY OF-KENAI-1989-SPECIAL-ASSESSMLNT FORECLOSURE-L-1 NOTICE: THIS SPECIAL ASSESSMENT FORECLOSURE LIST CONTAINS DELINQUENT ASSESSMENTS FOR-THE-YEARS-1988--AND-PRIOR-YEARS.-- THIS- LIST -IS- AVAILABLE FOR IIJSPECTION'AT-THE- CITY CLERK'S OFFICE AT 210 FIDALGO AVENUE, KENAI, ALASKA, 99611. THIS LIST IS ALSO AVAILABLE FOR INSPECTION AT THE COURT CLERK'S OFFICE AT 145 MAIN STREET LOOP, ENAT- ALASKA-9961"1-- THE CITY-OF-KENAI HAS -FILED IN -THE SUPERIOR COURT, -THIRD — JUDICIAL DISTRICT, STATE OF ALASKA, A CERTIFIED COPY OF THIS SPECIAL ASSESSMENT FORECLOSURE LIST FOR THE CITY OF KENAI FOR THE YEAR 1988 AND PRIOR YEARS, TOGETHER WITH"A rETITION FOR A_JUDGMENT OF`FORECLOSURE. 188 PENALTIES PRIOR TOTAL , -' - ASSESSMENTS— & INTEREST------ YEARS--- AMOUNT OWED $ 1,343.03 $ 191.06 $ 0.00 $ 1,534.09 is r s e 9 I ----"- - --"'88--- --PENALTIES—'-'-PRIOR--- LEGAL DESCRIPTION ASSESSMENTS & INTEREST YEARS AMOUNT OWED Inlet Woods Sub. Part 1, Lot 1, Blk 8 $ 1,512.43 $ 163.56 $ 0.00 $ 1,675.99 '88 PENALTIES PRIOR TOTAL :6 OWNER PARCEL # LEGAL DESCRIPTION ASSESSMENTS & INTEREST YEARS AMOUNT OWED �ena�i fo�i7e Aomes,Tnc--D4504006—�oVZdt-ZI-5eC-33-TOGN RI1W 1372: $ ; 26 "" d '88 PENALTIES PRIOR TOTAL --DYNE RCEL#` —LEGAL DESCRIPTION "-'" - -- ASSESSMENTS —'-&-INTEREST--- YEARS • AMOUNT -OWED Denali Mobile Homes, Inc. 04506005 POR Gov. Lot 28, Sec. 33, T06N, R11W $ 407.97 $ 58.09 $ 0.00 i $ 466.06 74 ;5 -_"88 -PENALTIES-PRIOR -TOTAL OWNER PARCEL # LEGAL DESCRIPTION ASSESSMENTS & INTEREST YEARS 3, AMOUNT OWED It Denali Mobile Homes, Inc. 04506007 POR Gov. Lot 27, Sec. 33, T0611, R11W $ 509.96 $ 72.62 $ 0.00 $ 582.58 OWNER PARCEL # LEGAL DESCRIPTION `--Ho Imes, owe ar1es __O452300&--Be1uga Subd—Loth- B 1 k -"3 --"--- OVNER PARUEL-#'------IEGAIDESCRIPTION- --_-_- -" ---- Kaufman, Eric & Miyoko 04503009 POR Gov. Lot 13, Sec. 33, T06N, R11W OWNER PARCEL # LEGAL DESCRIPTION Kaufman, Eric & Miyoko 04503012 POR Gov. Lot 13, Sec. 33, T06N, R11W OWNER PARCEL # LEGAL DESCRIPTION enai upp y, nc. 477307T ReBoub"t Tertarice Sub.-Addn.- No."-4,- Lot 24, Blk 5 OWNER PARCEL # LEGAL DESCRIPTION Krediet, M.L. 04101253 Inlet Woods Sub. Part 1, Lot 1, Blk 5 '88 PENALTIES PRIOR TOTAL ASSESSMENTS & INTEREST YEARS AMOU14T OWED " ----- --$-_683:20—$97-2d$�0.-0 80-40 a 188 PENALTIES PRIOR TOTAL " - -" -ASSESSMENTS-- &- INTEREST --YEARS —AMOUNT-OWED- ---:, $ 201.80 $ 28.70 $ 0.00 $ 230.50 so T OTAL-- 57 ASSESSMENTS & INTEREST YEARS AMOUNT OWED $ 201.80 $ 28.70 $ 0.00 $ 230.50 188 PENALTIES PRIOR TOTAL 5.' s9 ASSESSMENTS & INTEREST YEARS AMOUNT OWED $ 777.37 $ 357.75 $1,554.74 $ 2,689.86 ,z ASSESSMENTS & INTEREST YEARS AMOUNT OWED $ 1,512.43 $ 163.56 $ 0.00 $ 1,675.99 " c9 _ l9 `0 I — - - - '88 -PENALTIES ---- PRIOR - - TOTAL - OWNER PARCEL t LEGAL DESCRIPTION ASSESSMENTS & INTEREST YEARS AMOUNT OWED Krediet, M.L. 04101255 Inlet Woods Sub. Part 1, Lot 3, Blk 5 $ 1,512.43 $ 163.56 $ 0.00 S 1,675.99 --- '88 PENALTIES PRIOR TOTAL OWNER PARCEL I LEGAL DESCRIPTION ASSESSMENTS & INTEREST YEARS AMOUNT OWED `-LAwrence, Thomas 04101306 - Inlet- Woods- Sub -Part 1, Lot-6, Blk-3-. $ 1,512.43 - $ 163.56—S -- 0.00-- $-1-,675.99 -- --- s 88 PENALTIES PRIOR TOTAL lOWNEkPARCEL EGAli DESCRIPTION-- -- ---- - - - -ASSESSMENTS - & INTEREST YEARS --- AMOUNT - OWED - Lawrence, Thomas 04101333 Inlet Woods Sub. Part 1, Lot 4, Blk 2 S 1,512.43 $ 163.56 $ 0.00 S 1,675.99 - - - - - _ .88 ... - PENALTIES --- PRIOR----- -TOTAL------ ------ .; OWNER PARCEL # LEGAL DESCRIPTION ASSESSMENTS & INTEREST YEARS AMOUNT OWED Lawrence, Thomas 04101335 Inlet Woods Sub. Part 1, Lot 6, Blk 2 . $ 1,512.43 $ 163.56 $ 0.00 S 1,675.99 88 PENALTIES PRIOR TOTAL -OWNER -- PARCEL "j1- LEGAli ZfESCRIPTION- "-- - - ASSESSMENTS--" &-INTEREST YEARS - ___AMOUNT -OWED ----- Thomas Lawrence, Trustee 04101252 Inlet Woods Sub. Part 1, Lot 9, Blk 6 S 1,512.43 $ 163.56 $ 0.00 $ 1,675-99 PENALTIES —PRIOR - -TOTAL---- OWNER PARCEL f LEGAL DESCRIPTION ASSESSMENTS & INTEREST YEARS AMOUNT OWED Lowry, Edwin R. 04705205 Sprucewood Glen, Lot 6, Blk 2 $ 1,606.83 S 77.52 $ 0.00 $ 1,684.35 88 PENALTIES PRIOR TOTAL OWNER PARCEL $ LEGAL DESCRIPTION ASSESSMENTS & INTEREST YEARS AMOUNT OWED o-% wry -Edwin 4705215-- --Sprucewood-Glen Lot =, Blk l -- S 1,256-.99 -- 60-64 $ S - - 0-.00 -- S-1; 317.63 -- - -- --- l; 88 PENALTIES PRIOR TOTAL ., "-OWNER PARCEli-Q" LEGAu DESCftIPTI01i--- -- ASSESSMENTS & INTEREST -----YEARS - AMOUIJT OWED „ Morris, Curt 04101308 Inlet Woods Sub. Part 1, Lot 8, Blk 3 $ 1,512.43 $ 163.56 $ 0.00 $ 1,675.99 tl _---------------_--._. _ _ '88 PENALTIES---PRIOR----------TOTAL--"---- OWNER PARCEL I LEGAL DESCRIPTION ASSESSMENTS & INTEREST YEARS AMOUNT OWED « Morris, Curt 04101327 Inlet Woods Sub. Part 1, Lot 10, Blk 5 S 1,512.43 S 163.56 $ 0.00 S 1,675.99 88 PENALTIES PRIOR TOTAL „ OWNER PARCEL 0 LEGAL DESCRIPTION ASSESSMENTS & INTEREST YEARS AMOUNT OWED dock, ernar &-Feggy 04I0IM---Tn1eti-Woods-Sub- Fart-1, Lot 8; Blk 11 -" -$ 1,512.43 $ 163.56- S- 0.00 --- S-11675.99- '88 PENALTIES PRIOR TOTAL -OiiNER—PARCEL;-Y---lEGAL-DESCRIPTION7- ASSESSMENTS & INTEREST---- YEARS AMOUNT OWED - Weber, Norman 04101248 Inlet Woods Sub. Part 1, Lot 5, Blk 6 $ 1,512.43 $ 163.56 $ 0.00 $ 1,675.99 CERTIFICATION I, Jaaef`Ruotsaia�h�u?y appointed --City LTerk-for'-the Clty of'Kenai, Alaska --"-`- - -- - '------- do hereby certify that to the best of my knowledge and belief, the foregoing Special Assessment Foreclosure List is a true and correct roll of the delinquent assessments of DATED: T b i s % i0 day of February, 1989. ❑et Ruotsala, City Clerk ' .: A1r= a TO DO LIST FEBRUARY 15, 1989 KENAI CITY COUNCIL 1. J. Ruotsala - Notify ABC of non -objection to Oaken Keg, Eagles, Little Ski Mo. Request 30 day extension for Rainbow Bar. 2. Beautification Committee - Discuss putting "Thank You for Visiting Kenai" on back of "Welcome to Kenai" sign. 3. B. Brighton - Prepare resolution for 3-1-89 meeting re/Railbelt Assistance & Recovery Act. 4. B. Brighton - Prepare proposal for partial release of land for Jesse Wade, bring back for Council approval. 5. Beautification Committee - Discuss color of metal letters at Airport Triangle Park. 6. K. Kornelis - Check if street light can be placed at Lilac and Cook Inlet View Dr. 7. L. Swarner - Pursue possibility of weekly teleconferences with local legislators. jr �/,�\, G KENAI PENINSULA BOROUGH i «a•'. REGULAR ASSEMBLY MEETING FEBRUARY 21, 1989; 7:30 P.M., -,.,BOROUGH ADMINISTRATION BUILDING SOLDOTNA, ALASKA E'N DA ;YL' A CA' L, TO ORDER , �x 8, PLEDGE OF ALLEGIANCE C kvp INVOCATION:Rev.,Dan Thornton Peninsula a) Grace Brethren D. -ROLL CALL t E. VACANCY, DESIGNATION ORSEATINGOF ASSEMBLYMEMBERS F. APPROVAL OF MINUTES: February,7, 1989 G. COMMITTEE REPORTS (a) Finance (Chm. Crawford, V. Chm. Carey, Glick, O'Connell, Nash, Walli) (b) Local Affairs/Legis. (Chm. Skogstad, V. Chm. Mullen, Glick, MCGahan, O'Connell, Poindexter) (c) Public Works/Ed. (Chm. McLane, V. Chm. Moock, Brown, Hodgins, McGahan, Skogstad, Keene) H. MOTIONS TO RECONSIDER I. AGENDA APPROVAL AND CONSENT AGENDA (a) Vacate Unknown Street Right -of -Way, McFarland Subd., Heather Addition; and Section Line Ease- ment, Sections 17."and 28, T5N, R8W, S.M., Alaska J. ORDINANCE HEARINC-S (aj Ord. 89-8 "Postponing the Effective Date of Those Amendments to the Borough Sales Tax Code Adopted Through KPB Ordinance 88-40 Substitute, Section 7 and Section 9" (Moock) (b) Ord._ 89 9 ''Establishing a Division of Risk + Management, 'a'Self-insurance Retention and De- �. ductible Fund, and Providing for an Effective y Oace" (Mayor) , r !.- g �.�. t.e.+*'I,kJ,r'.J!'::i7;1G'd4 ' K.tINTRODUCTION OF 'ORDINANCES - hOrd. 89-13 "Authorizing the Disposal of Borough ,,;-Lands for Public Right-of-way to the State of 3 X " I 'Alaska, Departsent of Transportation" {Mayor) Jv s y(b) Ord. 89-15 "Amending the' Borough Code of Or- dinances Concerning Assembly Member Term of Of- ` fice and Election of Assembly Officers" (Glick, ,a.�N w ;,?,-, MaCaha Poindexter, Hodgins Skogstad, Brown) M CONSIDERATION OF,RESOLUTIONS "Urging the State of Alaska,•Older ° 'Alaskans Commission,'to.Officially Recognize the Sterling Area Senior Citizens, Inc. and Respond Favorably to the,_Group's -Funaigg Request" (Mayor) (b) .,Res 89-17 "Authorizing 'the Award of Contract ., -for the Direct Purchase of a Tractor/Dozer for the Homer Baling Facility" (Mayor) r (c) Res. 89-18 "Approving the Mayor's Proposal for the Formation of a Local Emergency Planning Dis- trict and Recommendations for Appointment to the Local Emergency Planning Committee for That Dis- trict" (Mayor) (d) Res. 89-19 'Recommending and Urging That the State of Alaska Fund the Water Quality Study of the Kenai River" (McLane, Mullen) M. ?ENDING LEGISLATION (This item lists legislation which will be addressed at a later time as noted) (a) Ord. 89-5 -Amending Kenai Peninsula Borough Or- dinance 81-47 Which Adopted Municipal Powers Necessary to Provide Ports and Harbors, Wharves, and Other Marine Facilities in the Borough Out- side Cities, to Remove Restrictions on Expendi- tures and Hiring" (Hodgins/t-icGahan/McLane/Brown/ Glick) POSTPONED TO 6/6,89 (b) Ord. 89-10 "Authorizing the Receipt of a Grant from the Alaska Department of Natural Resources and Appropriating $3,086 to the Bear Creek Fire Service Area" (Mayor)HEARING 3/7/89 (c) Ord. 89-11 "Amending KPB Code of Ordinances to Provide for Dissemination of Information to and Communications with Community Councils and Ad- visory Planning Commissions" (Local Affairs Cmte./Nash) HEARING 3/7/89 (d) Ord. 89-12 "Appropriating $100,000 from the Un- designated Fund Balance of the North Peninsula Recreation Service Area for Pool Repairs" (Mayor, Reg. NPRSA Board) HEARING 3/7/89 (e) Ord. 89-14 "Appropriating Funds for Removal, Testing and Protection of Underground Storage Tanks and Establishing the Underground Storage Tank Program Fund" (Mayor) HEARING 3//7/89 (f) Ord. 88-49 "Amending KPB Chapter 20.20 Regarding Subdivision Design Requirements by Enactment of a New Section 20.20.035 Providing Access Re- quirements for Proposed Subdivision of Land Iso- lated 'by the Alaska Railroad Right-of-way From the State Highway System" (Mayor) POSTPONED 4/4 (g) Ord. 88-27(Revised) "Amending KPB Title 21 to Add a New Chapter 200 Pertaining to the Burial, Dumping, Transporting, Storage, Incineration, or Other Disposal of Potentially Harmful, Toxic or Hazardous Waste Mataerials, and Amending KPB 10.10 Pertaining to the waste Disposal Commis- sion" (Nash) Referred to Plan. Cmsn./Assm. T.F. (h) Ord. 88-42 6 (Sbst) "Enacting Code Provisions to Allow Community Councils to Be Established" (McGahan) TABLED 11/15/88 N. FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON SUBJECTS NOT ON THE MEETING AGENDA 0. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS P. MAYOR'S REPORT (a) Anchor Point Advisory Planning Commission Appt. `. =i Q. OTHER BUSINESS R. ASSEMBLY AND MAYOR'S COMMENTS S. INFORMA"IONAL MATERIALS AND REPORTS (a) Revenue and Expenditures Report T. NOTICE OF NEXT MEETING AND ADJOURNMENT(March 7, 1989) KENAI PENINSULA BOROUGH ASSEMBLY COMMITTEES, FEBRUARY 21, 1989 STANDING COMMITTEES: TEMPORARY OR OTHER: FINANCE 5:00 P.M. Alaska Coastal Policy Cncl. Frances Brymer Conf, Rm. A John Crawford, Assm. Rep. Jchn Crawford, Chairman Cook Inlet Aquaculture Assn David Carey, vice Chair Brentley Keene, Assm. Reo. Marie Walli Phil Nash Data Processing Steering Cm Pat O'Connell Mark Hodgins, Assm. Rep. Betty 61ick Kenai Caucus Betty Glick, Assm. Rep. LOCAL AFFAIRS/LEGISLATIVE 4:00 P.M. Frances Brymer Conf. Rm. B Kenai Peninsula College Bd. David Carey, Assm. Rep. J.m Skogstad, Chairman Frank Mullen, Vice Chair Economic Development Dist. Al Poindexter Mark Hodgins, Sam McLane, Pat O'Connell Assembly Reps. Betty Glick Karen McGahan Assembly/Planning Cmsn. Task Force Jim Skogstad :ack Brown PUBLIC WORKS/EDUCATION 5:00 P.M. Phil Nash Frances Brymer Conf. Rm. B Sam McLane, Chairman Sharon Moock, Vice Chair Karen McGahan Tack Brown Jim Skogstad Hark Hodgins Brent Keene The public is invited to attend and address committee meet- ,ngs. Petitions received by the Clerk's Office will not be dupli- cated in the packet, but will be available in the Clerk's Office during regular office hours or at the C'erk's desk during As- sembly Meetings, for review. .1' IV FO - 3 '.'`MMT or cg44i U.S.OEPARTN Economic Oeveiopme.,c irur......e... o,...,.. } F' Jackson Federal Bldg., Rm . 1856 •`''rg,wr'• 915 Second Avenue Seattle, Washington 98174 February 17, 1989 Honorable John J. Williams Mayor, City of Kenai 210 Fidalgo Kenai, Alaska 99611 RE: Application for EDA Assistance Cold Storage Facili7_ Dear Mayor Williams: (206) 442-0596 EDA's formal invitation of August 2, 1988 expressed reservations about competitive issues which had been raised during review of the pre -application. Pursuant to EDA's policy regarding such questions, we asked our Compliance Review Division to evaluate your proposed project in light of EDA's enabling Act, specifically Section 702 (Prevention of Unfair Competition) of the Public Works and Economic Development Act of 1965, as amended. The Compliance Review Division has determined that in the instance of this application the introduction of a publicly supported competitor to the private marketplace would clearly contradict the intent of Section 702 of the Act. Based on this finding, EDA must stop further processing and deny your application. We are returning your application, and suggest that you talk with Berney Richert regarding other plans you may have for future economic development. SA(?Irely, ohn D. Woodward egional Director Enclosures cc: Berney Richert, EDR 75 Years Stimulating America's Progress * 1913-1988 C 0',1n N,, (.t.10-This I. \ppr-aI I_\pire., September ill, 1988 FORM ED-IOIA U.S. DEPARTMENT OF COMMERCE PUBLIC WORKS APPLICATION (Rev. 12-85) Fcot,cwc 0EV_-L6?MENT ADMINISTRATION No Financial Assistance Shall Be Provided Unless This Fj.,n is Completed and Fllea OMB ApprovaiNo 0349-0006 42 U.S.C. 3131(a). 3141(a), 3142; 13 C.F.R. 309.22. FEDERAL ASSISTANCE PART I 2. APPLi• CANT'S a. NUMBER 3. STATE a CAI NUMBER APPLI --- `--_- APIPLI- ^,ATiON , TYPE CATION IDENTI- --- -- - ^ I OENTi- FIER t -- -- - - -- ---- - OF NOTiPeT Cf ili3EfFT {Qp71pN/�,� > FIER D.DATE GATE NOYE I V SUBMISSION ice.: year rnomeh doy PO BE: ASSIGNED IeO' "O^rh do /Mark ap-�} ba:) APPLICATION ASSIGNED BY STATE I t9 propnote l.2il 19 4. LEGAL APPLICANT/RECIPIENT .5 EMPLOYER IDENTIFICATION NUMBER (EIN) a. Applicant Name City of Kenai I b. Organization PRO- a NUMBER 1 1 I 1I * I 31 q_q c. Str 0. Boxes 210 Fidalg O d. City Kenai it. County GRAM f. sure Alaska a zip came- 99611 (From CFDAJ MULTIPLE h. Contact Person(Nome William J. Brighton, City Mgr. b. TITLE 1 F A Telephone No) (907) 283-7530 Public Works 7 TITLE OF APPLICANTS PROJECT (Use section IV of this forth to provide a summery description _ B. TYPE OF APPLICANT/RECIPIENT A•Siate of the protect) H-Community Action Agency B-In1cr<Ia' 1-HiCher Education Inst. i W Cold storage facility for commercial org. �''"`'"" Tribe fishing and seafood processing industry. D-Counie K-Other (Specify) E-Cily F-School Instnct G-Speci61 Purpose Enter appropnatektrer I j I)i 11. TYPE OF ASSISTANCE 9. AREA OF PROJECT IMPACT (Names ofanes, countut stares etc.) 10. ESTIMATED NUMBER A-Rasic grant D-Insurance ,Rassic B-Suppl. EOther(Spectfy) IY OF PERSONS BENEFITING grant A C-Loan (F_titer appropriate )eflen s) 14. TYPE OF APPLICATION Kenai Peninsula Borough ----__ A-Ncw C-Revision E-Augmentation 12 PROPOSED FUNDING 13. CONGRESSIONAL DISTRICTS OF: a FEDERAL sl, 050, 00.6o B-Renewai DConttnuahon gerr,.�raprwkurr a. APPLICANT b. PROJECT State of AK State of AK b. APPLICANT 9 5 0 , 0 0.03 17 TYPE OF CHANGE (For f/r or bw A -Increase dollars F-Other (Specfy) B-')ecrease dullars _ e. STATE ---1 0 0 , 0_0 & 15. PROJECT START 16. PROJECT dal DATE Year month DURATION d. LOCAL 00 1988 09 15 12h ontns C.Increase, duration is OTHER 00 16 DATE DUE TO Year rnonrh day FEDERAL AGENCY ► 19 D-I)e rease duration E-Cancellauun Ep"itito f Total S2 10 0 0 0 � le�s) 19. FEDERAL AGENCY TO RECEIVE REQUEST 20. EXISTING FEDERAL GRANT U. S . Department of Commerce IDENTIFICATION NUMBER s. ORGANIZAIJOMAL UNIT (IF APPROPRIATE) b ADMINISTRATIVE CONTACT (IF KNOWN) Economic Dev. Admin._ B. Richert c. ADDRESS 21. REMARKS ADDED 701 C Street, Box 10 j No 11 Anchorage, Alaska 99513 Yes 22. To the best of my knowledge and belief. e. YES, THIS NOTICE OF INTENT/PREAPPLICATION/APPLICATION WAS MADE AVAILABLE TO THE THE data in stile preapplicabon/applicabon STATE EXECUTIVE ORDER 12372 PROCESS FOR REVIEW ON. APPLICANT are true and correct, the document No CERTIFIES been duly aulhonzed by fhe governing DATE THAT► body of Vie applicant and the applicant o. NO. PROGRAM IS NOT COVERED BY E O. 12372 ❑ willcorn;*withVie affacfledaasurarlcea ❑ it the assistance is approved. OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW 23 s. TYPED NAME AND TITLE b. SIGNATURE C. Date signed CERTIFYING REPRE. SENTATIVE Wm. J. Brighton, City Mgr. 8/11/88 _ 24. APPLICA- month day 125. FEDERAL APPLICATION IIDENTIFICATI N P 26. FEDERAL GRANT IDENTIFICATION TION �+Y�e7ar �MBER RECEIVED 19,5,y I C1 PRK _nifl08 I0 -O� _� // 27. ACTION TAKEN FUNDING Year month day 30 Year month day 0 a. AWARDED 29. ACTION DATE► 19 DATETING 19 0 b. REJECTED 0 c. RETURNED FOR a. FEDERAL 5 .00 31. CONTACT FOR ADDITIONAL INFORMA• - 32. Year month day ENDING b. APPLICANT .00 AMENDMENT TION (Name and telephone number) DATE 19 7 0 d. RETURNED FOR ---- c STATE .00 33. REMARKS ADDED E.O. 12372 SUBMISSION d. LOCAL .00 lt BY APPLICANT TO STATE a. OTHER 00 09. DEFERRED ❑ f. WITHDRAWN El Yes No I. TOTAL = 00 NSN 751t>-01-006-4162 424-103 STANDARD FORM 424 PAGE 1 (Rev. 4-64) 1' ►REVIOUS EDITfON 13 NOT USABLE how" by OMA CftWw 4-102 Section IV - Remarks (Please reference the proper item number from Sections I II or III, if applicable). 'rovide a Summary Description of the Project. This application requests funding from the Economic Development Administration to develop needed cold storage capacity for seafood processors and commercial fishermen. This development is viewed as a strategic economic investment which will be an important step toward establishing the first specialty seafood processing industrial center in the state of Alaska. It will further build the economic strength and stability of the community, benefiting commercial fishermen, seafood processors and others who will obtain new jobs resulting directly and indirectly from the new facility. Cost estimates have been prepared for a facility capable of storing five million pounds of fish. The facility would consist of a cold storage room of prefabricated panel type construction and a metal building enclosure including space for equipment, storage, and office. The facility would be constructed on a concrete slab and would be protected with a standard dry pipe fire protection system. Agency Special Instructions: 1. State, areawide, regional and local officials and entities have 60 days for comment from the date the project proposed for EDA assistance was made available to the State Executive Order 12372 process. Attach a copy of the applicant's certified letter to the State E.O. 12372 process or a clearance letter from the State E.O. 12372 process as Exhibit I-A-1. 2. The governing body of the applicant is required to submit with the application a copy of its resolution authorizing its representative to sign and submit this application. The resolution must be certified by the recording officer or officer responsible for the applicant's seal. Attach a copy of the resolution as Exhibit I-A-2. 3.. Attorney's or consultant's fees, whether direct or indirect, expended for securing or obtaining EDA assistance for' this grant are not eliqible costs. i �I 1 FORM ED-101A (Rev 12-85) -2- This edition --,.r- IV r— 0 -- sponsored by: Alascom Resource Development Council Box 100516, Anchorage, AK 99510 ADDRESS CORRECTION REQUESTED Ir'CIIIIII INQ. it/ I j. Prudhoe production enters new has V o Cost -per -barrel will risC-) Q,0- e. w by Car! Portman t�. Tapping new economic reserves from Prudhoe Bay will become more difficult and expen- sive as the field matures. Photo by Carl Portman. l Oit production from t Super -giant field at Prudhoe Balt@r� new phase. With over of Prudhoe's recoverable oil already produc- ed, tapping new economic reserves from the big field will become increasingly dif- ficult and expensive with the cost -per - barrel rising substantially. The Prudhoe Bay and Kuparuk fields have now reached a point where their on- going development is a series of individual projects, large to small. Each project is coordinated with others, but each is largely dependent upon its own economics. Much of the oil yet to be produced on the North Slope is located within the Prudhoe Bay reservoir. Prudhoe will pro- duce about 11 billion barrels, leaving another 11 billion barrels trapped in the re- servoir. Advancing technology may allow up to several hundred million barrels of that oil to be economically recovered, equal to discovering a major new oil field like En- dicott or Lisburne. "The Prudhoe Bay field is so large that people often overlook its enormous poten- tial for marginal production," according to BP Exploration's Jim Buckee, Vice Presi- dent, Development Programs. With Prudhoe's natural decline ap- proaching, engineers are looking for ways (Continued on page 6) JOBS Multiple Use and Resource Opportunities for Alaska program update pages rri raw«„reca. RDC Director addresses President Bush January 31, 1989 The Honorable George Bush President of the United States The White House 1600 Pennsylvania Avenue, N.W. Washington, D.C. 20500 Dear President Bush: Congratulations on being elected President of the United States. Our thoughts are with you as you take office and begin to shape history. I have enclosed a letter commending your strong and prudent stand on the opening of the ANWR coastal plain to oil and gas development. It was sent to over 200 newspapers across the country. As you know, in the heat of the protectionist feeding frenzy of the 1970s, a compromise was struck to have Dept. of Interior look at the so-called 1002 (h) area more closely for all its values, then report to Congress. This was done. Unfortunately, especially for Alaskans, another lands battle has ensued. A "mini-D2; Son of ANILCA; Return of the Public Land Battle" real -life drama is going on, with Alaska lands supposedly every Congressman's "cheap, environmental vote." In the midst of all the rhetoric about ANWR, it was a real blessing to hear your clear-cut message on the subject. Thank you again for your foresight and conviction. Sincerely, RESOURCE DEVELOPMENT COUNCIL for Alaska, Inc. . kyW � Ga Executive Director cc: Senator Ted Stevens Senator Frank Murkowski Congressman Don Young Secretary of the Interior Manuel Lujan, Jr. Message from the Executive Director By , Becky L. Gay Open letter to: February 1989 Mayor Jerome Selby, Kodiak Island Borough President, South West Municipal Conference Kodiak, Alaska 99615 Dear Jerome: Thank you so much for your kind hosting of the South West Municipal Conference, Jan. 20-22. I commend you for an excellent regional attempt at pursuing economic development from the local level up. It was especially rewarding to see Senator Fred Zharoff, Representative Cliff Davidson and Representative George Jacko spend their time at the forum, learning and listening. Pursuing SWMC goals while educating on issues made the conference worthwhile. Bringing the financiers to the community was an excellent stroke. Getting the weather to cooperate so that all the important people who attended were captured for one more day in Kodiak was quite clever! I am still not sure how you did it. Of course, you do have John Levy to assist you and he is, very experienced in bad weather. Congratulations to the both of you for the very fine time had by all! I am sure we will be working closely together on issues ranging from essential air service and marine transportation to how to finance resource development in Alaska. Sincerely, RESOURCE DEVELOPMENT COUNCIL for Alaska, Inc. Becky Executive Director P.S. Thanks to all the people who made my Superbowl Sunday layover so delightful. Resource Development Executive Committee officers Resource Review is the official monthly publication of Council, Inc. President ...... ............ . J. Shelby Stastny the Resource Development Council, Box 100516, An - Vice President ................ . Ethel H "Pete" Nelson chorage, Alaska 99510 — (907) 276-07% The Resource Development Council (RDC) is Alaska's Vice President ....... ........... John Forceskie Stephen Ellis largest privately funded nonprofit economic develop- secretary . . ... ................. Treasurer Larry The RDC business office is located at 807 G titreet, ment organization working to develop Alaska's natural ....................... ntt ..................... Past President .. Joseephph He Hennnri Suite 200, Anchorage. resources in an orderly manner and to create a broad based, diversified economy while protecting and en- Executive Director Stet. .. , , ...... Becky L. Gay Material in the publication may be reprinted without hancin the environment. 9 Public Relations Director ................ Carl Portman permission provided appropriate credit is given. Pe P 9 Finance and Member Services Director .. Anne M Bradley Protects Coordinator ................ Debbie Reinwand Carl Portman Staff Assistant ...................... Kimberly R. Duke Editor 8 Advertising Manager Page 2 / RESOURCE REVIEW / February 1989 Final countdown to JOBS conference Thoughts from the it :� President by J. Shelby Stastny QUESTION: Why is the Resource Development Council holding a JOBS conference? ANSWER: Alaskans want to pursue their choice of job and lifestyle in the Greatland and the state's abundant resources offer the best solution to economic diversification and new job creation. The countdown to RDC's annual conference on February 24-25 is underway and as you can see from the updated conference agenda on pages 4-5, the array of speakers will be impressive and the topics covered will be informative. Jobs and the creation of new employment opportunities are of L.tmost importance to all Alaskans, and RDC takes pride in hosting this event. The list of outstanding speakers confirmed for the con- ference includes those whose innovative efforts have created jobs. and reports from others of jobs that could be created if the political and economic climate of our state would allow specific efforts to proceed. We will hear from industry, labor and government leaders as well as the founders of pro -development national activist groups. Detailed presentations focusing on employment trends within each )source sector will be featured. Key roadblocks to job growth will je identified with emphasis on overcoming obstacles to new job creation. Participants will learn about pending access issues which may help or kill future resource development opportunities. There will be eye-opening discussions about multiple -use land issues and the human factor in intelligent resource allocations. As Alaskans we must demand economic accountability from our public officials regarding unnecessary regulations which im- pede the private sector's ability to create economic activity and jobs. Speaking to a group of business and education leaders in An- chorage last month, Lodwrick M. Cook, Chairman of ARCO, said "If the extremist element of the environmental movement wants a pristine environment with no traces of human activity, they must accept the economic consequences that go with it and then the American people should be given all of the facts." Cook added, "The environmental leaders should have to tell us how many U.S. jobs, how much of our standard of living, they are asking us to sacrifice." Cook pointed out that much business activity today requires an Environmental Impact Statement. He asked, "Shouldn't we also require another EIS — an economic impact statement of equal stature? Only then will we really understand the tradeoffs." In his presentation, Cook noted Alaska state law requires that water overflow from holding pits at Prudhoe Bay meet drinking water standards. Cook said that "water naturally standing in pools all over the North Slooe doesn't meet drinking water standards." He continued. 'At a time when there are very serious threats to the environment all around the world, demanding drinking water standards from holding pits seems to me to be overreaching." We all know that similar water standards have recently shut down many of the states placer mining operations, eliminating jobs in rural AIaSKa. Alaska's economic health is largely dependent on a strong and consistently growing PRIVATE sector. Unlike the public sector, jobs in the private sector are usually required to pay their own way. Come to the RDC JOBS conference Friday and Saturday, Feb- ruary 24-25 and learn about jobs that make a strong economy and even provide ways to pay for themselves. JOBS! Multiple Use and Resource Opportunities is an invest- ment in the career of your choice. Alaska and big "W" Wilderness By John Sims The average citizen is likely to define wilderness as land in which one can commune with and enjoy pristine natural conditions. A land where he or she may camp, hike, fish and hunt, breeze through on a snowmachine or trek on horseback — in short a land hospitable to man; a land wherein many of the concerns of city life can be left behind for a while. Small wonder that this concept of wilderness is popular with the American people. Few are aware of the yawning chasm of differences between the popular concept of wilderness which I will term wilderness with a small "w" — and legislative Wilderness characterized as Wilderness with a big "W." The differences be- tween the two are like chalk and cheese. The small "w" variety is user-friendly and represents that part of man's environment where one can truly get away from it all and enjoy the great outdoors. The big "W" variety is totally different and basically is defined as an environment in which man is alien. Wilderness is a setting in which humans have little or no right to be, let alone conduct any activity, be it for pleasure or profit. The )ig "W" variety does have its supporters who pull the wool over the eyes of the American people by lobbying for more and more of the public lands to be set aside as Wilderness, the big "W" variety. Their efforts are largely an exercise in mass deception, a classic case of what you think you are getting is not what you get! Why be so uptight over wilderness, or rather Wilderness, you may ask? Well, it is the big "W" variety that concerns me because (Continued on page 7) Federal Wilderness in Alaska If Alaska's 57 million acres of designated Wilderness were made into one state, it would be the I 1 th largest state in America or larger than the combination of Maine, New Hamp- shire, Vermont, Massachusetts, Rhode Island, Connecticut, New Jersey, Delaware and Maryland. Comparative state acreage: 10. Oregon ................................................ 62 million acres 11. Alaska designated Wilderness ........... 57 12. Utah .................................................... 54 13. Minnesota ........................................... 54 14. Idaho ................................................... 53 15. Kansas ................................................ 52 February 1989 / RESOURCE REVIEW / Page 3 Resource Development Council ,V for Alaska, Inc. RD C RDC's 9th Annual Conference of Alaska's Resources JOBS February 24-25, 1989 ' Sheraton Anchorage Hotel Friday, February 24, 1989 7:00 Registration and "Eye -Opener" refreshments r Multiple Use and Resource Opportunities for Alaska 8:30 Opening Remarks, Shelby Stastny, President, Resource Development Council for Alaska, Inc. 8:40 Welcome, Mayor Tom Fink, Municipality of Anchorage Alaska Jobs Depend on Strong Industries Moderator, Mano Frey, Executive President, Alaska AFL-CIO, RDC Executive Committee member, Anchorage. 8A5 JOBS! American Productivity at Stake, Arnie Weinmeister, Director, Western Conference of Teamsters and Vice President, Executive Board, International Brotherhood of Teamsters, Seattle, WA. 9:20 JOBS! The Coming Gold Rush, John Zigarlick, Chief Executive Officer, Echo Bay Mines, Ltd., Edmonton, Alberta 10:00 JOBS! The State's Perspective, Governor Steve Cowper 10:30 JOBS1Oil and Gas, Ben Odom, Senior Vice President, Operations, ARCO Alaska, Inc., Anchorage 11:00 JOBS! Fisheries, Clem Tillion, Chairman, International Northern Fisheries Commission, Halibut Cove, AK 11:30 12:30 Break for the All -Alaska Expo Luncheon Keynote: Resource Production in a Public Land State Bill Horn, Attorney, Birch, Horton, Bittner, Cherot and Anderson, and former Under -Secretary of the Department of the Interior, Washington, D.C. Access Means Jobs Moderator, Bill Horn, former Under -Secretary of the Interior 2:10 Title XI of the Alaska National Interest Lands Conservation Act and the RS2477 Issue, a special panel examination featuring: Public Sector Perspective: Mike Penfold, Regional Director, Burau of Land Management, Anchor- age, Walter Stieglitz, Regional Director, U.S. Fish & Wildlife Service, Tom Hawkins, Assistant Commissioner, Alaska Department of Natural Resources. Page 4 / RESOURCE REVIEW / February 1989 Action> Program Vision 315 Break for the All -Alaska Expo 3:45 Private Sector Perspective: Kathy Weeks, Attorney, Pacific Legal Foundation and Don Argetsinger, Regional Vice President, Resources, NANA Development Corporation, Kotzebue, AK 5:00 Reception in the Yukon-Kuskokwim Rooms at the All -Alaska Expo (No -host bar) Saturday, February 25, 1989 The Human Factor in Resource Allocations 8:00 Coffee service and refreshments 9:00 Prompt! Call to order with "early -bird" business card drawing (must be present to win) Moderator, Bill Schneider, Executive Director, Associated General Contractors, Anchorage 9:05 JOBS! The Tongass National Forest, Don Finney, Executive Director, Alaska Loggers Association, Ketchikan 9:30 JOBS! The Timber Outlook on State Lands, RobertDick, Alaska State Forester, Alaska Department of Natural Resources, Juneau 10:00 JOBS! The Visitor Industry, Dana Brockway, Executive Director, Alaska Visitors Association, An- chorage 10:30 Job Creation through Privatization, Dr. Phillip Fixler, Jr., Director, Local Government Center, Santa Monica, CA 11:00 Break for the All -Alaska Expo 12:00 2:00 2:30 3:00 3:30 4:00 4:30 5:00 Luncheon Keynote: Preserving Multiple Use Opportunities, Access and Jobs on Our Federal Lands Chuck Cushman, Executive Director, National Inholders Association and Multiple Use Land Alliance, Sonoma, California Jobs and the Opportunity Cost of Wilderness, Grant Gerber, Chairman, Wilderness Impact Re- search Foundation, Elko, Nevada Multiple Use and the Consumer, Barbara Keating-Edh, President, Consumer Alert, Modesto, CA Leading America to a Sensible Policy of Multiple Use, Ron Arnold, Executive Director, Center for the Defense of Free Enterprise, Bellevue, WA Break for the All -Alaska Expo Taking the ANWR Message Outside: Keeping People in the Equation, Merrill Sikorski, National Director, Environmental Task Force, American Freedom Coalition, Soldotna Wilderness Expansion, a new highly -acclaimed national film Grand Raffle Drawing (Tickets now on sale, call 276-0700) February 1989 / RESOURCE REVIEW / Page 5 Producers weigh costs of new projects Prudhoe marked by marginal projects (Continued from cover) to encourage new production. Their prime targets are the small, undeveloped pools of oil bypassed in earlier production, as well as fringe areas along the periphery of the big field that were previously uneconomic when little infrastructure was in place dur- ing the early stages of development. A number of new developments are un- derway on the North Slope, many of them small or medium-sized. Other efforts are aimed at squeezing more oil from the maturing reservoirs. Such projects will not only soften the expected decline of oil from Prudhoe, but they will add new reserves, extending the life of North Slope oil fields. This is good news for Alaska because it means new jobs and more state revenues over the long term. But the oil industry warns that economic margins are very narrow and that its confi- dence to push ahead with new projects could be shaken if costs rise. Any extra cost, whether from new taxes or costs im- posed by regulatory agencies, can easily kill a project. A prime example is the Niakuk oil fieid near Prudhoe Bay where development is not economical without a permit to con- struct a breached causeway to reach the small island about one mile offshore. The field contains an estimated 58 million bar- rels of recoverable oil, making it the largest field discovered in the U.S. since 1971. Prudhoe Bay producers have invested about $24 billion in field development to bring North Slope crude to market. In 1984, the industry spent $2 billion on a field -wide waterflood project aimed at enhancing oil recovery. This ongoing program involves injecting seawater into certain parts of the reservoir to push oil out of the rock toward production wells. The added oil production resulting from waterflood alone will result in more than $4 billion in additional oil re- venues to local, state and federal govern- ments. Billions of more dollars will be spent as the companies initiate new, more expen- sive development work. Prudhoe Bay producers will spend an estimated $750 million in 1989 on projects designed to maximize recovery. A $350 million expansion of gas handling facilities is expected to increase oil production by some 90,000 barrels a day in 1990, and will result in the recovery of at least 400 million barrels over the life of the field. Without the expansion, oil production at Prudhoe will soon be limited by the ability to handle natural gas produced in associa- The Prudhoe Bay and Kuparuk fields have now reached a stage where their ongoing development is a whole series of individual projects, large and small. Each is planned in coordination with others, but each must also stand on its own economics, which is often marginal. tion with crude oil. Natural gas is presently reinjected into the reservoir. Increased oil production resulting from this project will partially offset the antici- pated natural decline in Prudhoe Bay pro- duction. It will allow wells to remain on pro- duction longer, thereby increasing oil re- covery. The State of Alaska could receive more than $1.5 billion in royalties and taxes over the next 20 years as a result of additional production. The project will also generate an estimated 1,750 jobs in Alaska. In the next ten years, one oil company alone — ARCO Alaska, Inc., — plans to spend more than $5 billion in Alaska. Of that total, more than $3 billion will go to development of known reserves. Other op- portunities include investment for ongoing operations in fields now in production and for exploration and development of new fields. Much remains to be done at Prudhoe Bay and Kuparuk where over 1,000 addi- tional wells could be drilled. These wells will be drilled at a cost of $2 billion to $3 billion to field owners. Another major upcoming expenditure for industry is the initial development of the West Sak field. West Sak could contain up to 20 billion barrels of oil, but this field is a great technical challenge to develop be- cause its sands are shallow and contain heavier oil. The first phase of full field de- velopment at West Sak could cost over $2 billion with development planned to begin in the early to mid-1990s. In the meantime, ARCO plans to launch a multi -million dollar test program at West Sak this year, drilling one well while continuing a vigorous and expensive research program aimed at bringing the field into development. West Sak could eventually add 50,000 to 200,000 barrels of oil to daily production levels. But getting at this oil will prove chal- lenging and expensive. Meanwhile, BP Exploration is develop- ing Eileen West End, one of Prudhoe's fringe areas. BP started production in 1988 and eventually will recover more than 100 million barrels. BP will also start develop- ment drilling at Hurl State, a marginal sec- tion of reservoir along Prudhoe's southern edge. With waterflood, this area should add 35 million barrels to reserves. Each is considered a separate project, like small oil fields within the larger Prudhoe field. If a reasonable portion of that oil can be recovered, and if other costs look afford- able, drilling may proceed. There are other oil accumulations in the shallow coastal waters near Prudhoe Bay, but permitting agencies do not always agree with companies about how to access these deposits. A recent Corps of Engineers pol- icy statement discouraging the construc- tion of causeways will make development (Continued on page 7) Page 6 / RESOURCE REVIEW / February 1989 Big "W" Wilderness... (Continued from page 3) lurther additions to the statutory Wilderness inventory threaten Alaska's future economic viability. With the passage in 1980 of the Alaska National Interest Land Conservation Act an assurance was given that there would be no more additions to the big "W" type of Wilderness. Don't forget that ANILCA set up a complicated system of land ownership and classification as well as management designations on the federal public domain. Consequences include greatly reduced access and severe restrictions on many develop- ment opportunities especially in mining. Now, despite the assur- ances of the ANILCA "no more Wilderness" provision, moves to the contrary are under way. In 1984, just four short years after passage of ANILCA, the Wilderness Society (for sure with a big 'W"), in a flagrant abrogation of trust, devised an agenda to grab more withdrawals of the restrictive big "W" type. Such action was needed, they say, to correct "serious omissions and weaknesses" in the original ANILCA legislation. There are several components to the Wilderness Society 1984 agenda which should raise anger in the hearts of Alaskans. Let me list a few. Firstly, Wilderness Designation is sought for the Coastal Plain of the Arctic National Wildlife Refuge. This location is probably the E ite of America's last onshore jumbo -sized oil reservoir, the drilling and development of which is crucial for Alaska. Then the Wilderness Society seeks repeal of Section 705 of ANILCA, which mandates an annual offering of 450 million board feet of timber from the Tongass National Forest. Repeal could cripple Southeast Alaska's timber industry. Thirdly, the agenda seeks designation of the 23.5 million acres contained in the National Petroleum Reserve Alaska as a National Wildlife Refuge — only one step removed from statutory Wilderness and a move that would preclude oil, gas and mineral development in an area of enormous potential. Then there is the proposal to designate 150,000 acres surround- ing the Quartz Hill molybdenum mine near Ketchikan as Wilder- ness. This is a transparent move to derail and prevent efforts to develop this property, which contains 10 percent of the world's known molybdenum reserve. New oil production... (continued from page 6) of fields like Niakuk much more difficult, if not impossible. Despite years of experience with on- shore development, even small fields lo- cated on land can face this problem. Com- panies must still negotiate permits through as many as 25 government agencies. Habitat concerns frequently result in costly stipulations being added to permits, requir- ing major modifications. Even the cost of ongoing environmental monitoring is increasing. At BP's new En- dicott field, environmental monitoring cur- rently costs about $5 million annually. Since 1981, ARCO and BP Exploration have spent about $20 million for en- viornmental studies pertaining just to causeways in the shallow coastal waters. According to ARCO Alaska President Bill Wade, continuing industry investment is essential to maintaining oil production on the North Slope which could otherwise de- cline at a rate of up to 20 percent a year. Close to home in Fairbanks, the Wilderness Society wants to confer Wildlife Refuge or Wilderness status over the entire Steese/ White Mountain Conservation Area. This action would permanently lock up known highly prospective mineral terrain. In yet another proposed action, the Wilderness Society wants to revoke a provision in ANILCA that provides for access across the southern boot of the Gates of the Arctric National Park and Preserve. This is access which may be essential for major mining projects in the Ambler district and elsewhere in Northwest Alaska. Driving the nail into the coffin, the Wilderness Society wants to mandate Wilderness review for 76 million acres of BLM land — a move that would surely end any vestige of true multiple use man- agement on the federal public domain by the BLM. The list of agenda items goes on and the effect of even limited success by the Wilderness Society could be extremely grave for Alaska. Alaska is primarily a resource state; a provider of new wealth from its lands in the form of oil and gas, coal, minerals, and timber, as well as fish from its waters. Each and every item of the Wilder- ness Society agenda is a major threat that seeks to foreclose on legitimate and vital economic endeavor in Alaska. To gauge the seriousness of the threat be aware that bills ad- dressing the first three agenda items were introduced during the last session of Congress. Passage of Tongass National Forest legislation is highly likely in 1989. An ANWR bill allowing drilling in the 1.5 million acres of the coastal plain — if it passes — will certainly not be without a steep price in terms of "trade offs." The public must wake up to the fact that when Congress (prod- ded by the Wilderness Society) in its "infinite wisdom" legislates new Wilderness it is not of the benign variety that is user-friendly, but rather the crippling restrictive kind that stifles economic oppor- tunity and is intolerant of human presence. I maintain that more Wilderness is contrary to Alaska's best interests. Alaska needs more big "W" Wilderness about as badly as an Amazon Indian needs antifreeze for his dugout canoe! "That rate of decline won't be nearly as rapid because of the yearly investments being considered," Wade said. Meanwhile, industry will be forced to take another look at its Alaska investments, given an increasingly onerous regulatory and taxation environment. Current Alaska tax laws encourage pro- ducers to invest in new oil recovery pro- jects. However, some state policy makers are advocating an increase in oil taxes by repealing or revising the Economic Limit Factor (ELF). That would bring the state more money in the short term, but the consequences could mean fewer jobs, less development and less state revenue over the long term. Oil taxes and royalties contribute more than 85 percent of the state's income. For ARCO, taxes are its single largest cost item, more than all other expenses com- bined. The proposed revision in ELF would amount to a tax increase. Legislation would increase severance taxes at Prudhoe Bay by more than 40 percent and at Kuparuk by more than 100 percent over the next ten years. ARCO's Wade believes that oil invest- ments are not only the real source of Alaska's wealth, but the key to long term health of the state treasury. The performance of the Prudhoe Bay field has been "nothing short of pheno- menal." Wade said. The plateau of oil pro- duction has been extended three years beyond the time Prudhoe production was expected to begin falling off. Encouraging new production is the surest way to continue a healthy level of royalties and tax revenues to the state. Ad- ditional production will happen under a stable tax policy, as will further investment in technology. February 1989 / RESOURCE REVIEW / Page 7 CITY OF KENA FOR COUNCIL INFORMATION Transfers of Funds under $1,000 (KMC 7.25.020) Date Department Amount From To Explanation 2/15/89 Airport Term. Ad. $500.00 Contingency Advertising Advertise Invitation for Bids for Restaurant, Bar & Gift Shop 2/17/89 P. W. Shop 500.00 R & M Supp. R & M Radiator flush & repair & possible other future R & M 2/21/89 Sr. Citizens 1/30/89 P.W. Shop 2/13/89 Library 433.00 R & M 500.00 R & M Supp. 206.00 Prof. Svs. Sm. Tools & Print. & Bind. Purchase additional end tables for lounge room & print brochure R & M Replace windshield - Vehicle AD-1 & possible future R & M Misc. Price of DDC 20 Dewey Class. & relative index. l h A KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING DECEMBER 6, 1988; 7:30 F.M. BOROUGH ADMINISTRATION BUILDING SOLDOTNA, ALASKA - A G E N D A - Page N�. A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE 1 INVOCATION: Assemblymember David Carey 1 D' I ROLL CALL 1 c` y" VACANCY DESIGNATION OR SEATING OF ASSEMBLYMEMBERS F. APPROVAL OF MINUTES: Reg. Mtg. November 15, 1988 1 Approved G . (,01,T,1TTEE REPORTS (a) Finance (Chr. Crawford, V.C. Carey, Glick, 1 O'Connell, Nash, Walli) ** Financial Report & Price Waterhouse Audit*** 1 t:) Local Affairs/Leg. (Chr. Skogstad, V.C. Mullen, Glick, McGahan, O'Connell, Poindexter) 2 '0 Public Works/Educ. (Chr. McLane, V.C. Moock, Brown, Hodgins, McGahan, Skogstad, Keene) H. %10TIONS TO RECONSIDER i. AGENDA APPROVAL AND CONSENT AGENDA j. ORDINANCE HEARINGS 3 (a) Ord. 88-40 Substitute "Amending the Borough Sales Tax Code According to the Findings and Determination of the Sales Tax Committee of the Borough Assembly" (Sales Tax Committee) 4 Enac-ed as Arend. (b) Ord. 88-46 "Accepting and Appropriating a Grant from the gtate of Alaska Department of Education for Construction of the Seward Elementary School" (Mayor) 5 Enacted (c) Ord. 88-47 "Accepting and Appropriating an Addi- tiona 600 in Grant Funding for the Emergency Services Division" (Mayor) 6 Enacted (d) Ord. 88-48 "Appropriating $50,000 from the Unde- signateU-Fund Balance of the Kalifornsky Fire Service Area for Equipment Purchases" (Mayor, Req. KFSP_ Board) 6 Enacted K. INTRODUCTION OF ORDINANCES (a) Ord. 88-50 "Approving an Amendment to a Lease Agreement Between the Kenai Peninsula Borough and Pacific Alaska LNG Companv" (Mayor) 3 St Hrng (b) Ord. 88-51 "Amending the Purchasing Code to Allow the -Assembly to Select Consultants Without Formal Competitive Procedures" (Nash) 3 St Hrng (c` Ord. 88-52 "Authorizing the Sale of Tract C of Beluga Terrace Addition No. 1 to Arco for the Purpose of Establishing a Consolidated Drill Mud Waste Disposal Site in the Beluga Area" (Mayor) 6 St Hrng (d) Ord. 88-53 "Establishing an Advisory Planning Commission in the Community of Anchor Point" (Mayor) 3 St Hrng L. CONSIDERATION OF RESOLUTIONS Page No. W (a) Res. 88-93 "Approving and Adopting Board Bylaws for the Central Kenai Peninsula Hospital Service Area Board" (Mayor, Req. S.A. Board) 3 Adopte (L) Res. 88-99 "Approvinc Sales Tax Regulatior 88-i Regaling the Protest of State Liquor License Application Where Applicant has Entered a Secured Payment Plan for Sales Tax Debts" (Mayor) 3 Adopted (c) Res. 88-100 "Transferring $4,000,000 Excess Bond Proceeds from Bond Issues Previously Sold to the Seward Elementary School as Authorized by the October 4, 1988, Regular Election" (Mayor) ,' Adopted (d) Res. 88-101 "Requesting the Alaska State Depart- ment of Transportation to Revise Their Order of Road Project Priorities by Making the Seward Highway Milepost 50-65 Project r"3 or. the Six -Year Priority List" (Sewa'l, Skogstad, Glick) 3 Adopter: (e) Res. 88-102 "Authorizing the Borough to Apply for a Grant o the Bear Creek Fire Service Area in the Amount of $40,000 to Fund Completion of Construction of a Bu-1ding to House Emergency Vehicles" (Sewall) Adopted PENDING LEGISLATION (This item lists legislation which will be addressed a- a later time as noted) (-a) Ord. 88-27(Revised) (Nash) REFERRED TO P.C./ASSM. TASK FORCE ( ) Ord. 88-42 & SUBSTITUTE (McGahan) TABLED 11-15-88 (c) Ord. 88-49 (Mayor) HEARING 1-3-89 N. FORNLAL PRESENTATIONS WITH PRICR NOTICE UPON SUBJECTS NOT ON THE MEETING AGENDA 0. PUBLIC COMIMENTS AND PUBLIC PRESENTATIONS P. MAYOR'S REPORT (a) Borough Assessor Hired (b) Sterling Waste Site Closure Costs (c) Employee Negotiations Begin Q. OTHER BUSINESS (a) Removal of Ord. 88-33 from Pending Item Q)) Discussion of Additional Assembly Employee (c) Quarterly Meetings With Railbelt Boroughs (e) Worksession Requested for December 19 R. ASSEMBLY AND MAYOR'S CONSENTS S. INFORMATIONAL MATERIALS AND REPORTS T. NOTICE OF NEXT MEETING AND ADJOURNMENT (Jan. 3, 1989) 7 7 5 8 Defear.ed 8 8 Appro­2e 8 wo KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING MI^:U'"ES DECEMBER 6, 1988; 7:30 P.M. BOROUGH ADMINISTRATION BUILDING SOLDOTNA, ALASKA A. CALL TO ORDER The regular meeting of the Assembly was called to order by Pre: Jonathan W. Sewall at 7:30 p.m. PLEDGE OF ALLEGIANCE C. INVOCATION The irvocation was given by Assembly Member David Carey. D. ROLL CALL PRESENT: Ass eriblymembers Brown, Carey, Crawford, Glick, 'eent, M.cGahan, McLane, Mcock, Mullen, Nash, O'Connell, Poindexter, Sewall, Skogstad; Mayor Gilman, Atty. Boedeker, Asst. Atty. Reeves, Finance Director Ross Kinney, Asst. Finance Di-ectcr Semmens, Public Works Director Brown, Borough Clerk Brindl,v EXCUSED: Assemblvmember Hodgins and Walli VACANCY DESIGNATION OR SEATING OF ASSEMBLYMEMBERS F. APPROVAL OF MINUTES Assemblymember McGahan moved to approve the minutes of the Regular Meeting of November 11, 1988 with the correction of several typogra- phical errors and there was no objection. G. COMMITTEE REPORTS (a) Finance (Chr. Crawford, V.C. Carey, Glick, O'Connell, Nash, Walli) Mr. Crawford reported the committee has recommended purchase c`_ new chairs for the Assembly with concurrence as to suitability and a reasonable cost. He stated Mr. Kinney had a presentation of .audit information and would introduce representatives from Price Waterhouse. Mr. Kinney asked Members to follow in the Comprehensive t,nnual Financial Report which was prepared by the Finance Dept. Price Waterhouse issued an opinion on the report as well as a comp -lance opinicn on the state and federal portion of grant awards ue referred to the three sections of the report and explained the t,ib':es included, describing the general fund, statement of rev(nues, expenditures and changes in fund balance. He delineatec tl.e restrictive action taken as of June 30, 1988 as well as action --aken subsegtient to that date with the Seward school and other items which affect the fund balance. He then presented an extension o: t e budget earlier provided by the Mayor which utilizes portions cl t:11=4 fund balance througgh 1991, explaining wh,7 the budget reflec-s an increase of almost S15 minion over projections. Jim Feeney, Price Waterhouse, explained the types of opini)n an accounting firm expresses on financial statements, i.e., adverse -- disagreement with a material accounting concept; disclaimer of opirion -- no confidence in the statement or management; a qual.fied opinion -- a certain event may or may not be known result �g in inability to determine results such as a lawsuit or tax case or other items of a material nature; and the top level - or clean opinion -- no exception is taken to information presented in the annual report. He said a "clean opinion" was what was being given to the bci ,,ugh. He pointed out the firm's opinions on page 147 and page 153 invc-vi-ng the single -audit standards for federal and state grant;. - 1 - KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF DECEMBER 6. 1988 Marianne Burke, Price Waterhouse, reiterated Mr. Feeney's corments that the firm was required by state and federal regulations perform specific audit procedures -- internal accounting co^•tr i_. compliance: with laws and regulations and how the borough 1--inages federal and state funds. She indicated no material weaknesse-, had been found, no deviations from laws or regulations and internal accounting controls were adequate to meet both state and f.-der,l requirements. She noted in such audit procedures there --a n, such thing as "materiality", both the federal and state governments state $1 is as important as a million dollars in their eyes. She indicated findings which didn't have a specified dollar impact but were areas of non-compliance with procedures and subsequent corrective measures being taken. She pointed out the firm's report on suggestion fcr improvement to internal accounting control and managemer,t efficiency.. Assemblymember Carey asked whether the 96% collection rate t, the borough on anticipated revenues from service areas was a result cf any error or omission by the borough. his. Burke assured Assemblymember Carey that the financial people in the borou€.h are experts while Price Waterhouse has a different area of expertise. She indicated there were a number of different factor: involl•'d in the collections and the firm's job was to assure what was collect-d is fairl.v stated. She stated her personal observance that there were very tight, we' _1-orchestrated procedures in place and in no wav cool d be construed as a lax co' .1ection pol.cy. In response to firther inquiry by Assemblymember Carey, Ms. Burke indicated she cou i nc_t recall collection percentages of other entities in the state. Assemblymember Brown asked what kinds of problems had occurred ;n t>e grant compliance area. Ms. Burke said in the past such things as timely reporting requirements to the appropriate people had been a problem. She indicated the responsibilities involved in processing grants had been scattered among different individuals, withci+t an individual overseeing the grant, resulting in the possibility c,f things "falling through the cracks". Therefore, Price Water.hou>;e we recommending a designated individual to provide oversight. Finance Chairman Crawford indicated other items discussed were igenda items. (b) Local Affairs/Leg. (Chr. Skogstad, V.C. Muller, Glick, McGahan, O'Connell, Poindexter) Chairman Skogstad reported the committee discussed the legislation forming community councils. Per Title XXIX, Atty. Schmidt said community councils must be appointed rather than elected. Another option would be preparation of a packet for any group wishing t) form a community_ council. He advised on the January 3, 1989 comrittee meeting a railroad representative, Mr. Obie Weeks, would be in attendance to discuss test programs on herbicide spraying. (c) Public Works/Educ. (Chr. McLane, V.C. Moock, Brown, Hodgins, McGahan, Skogstad, Keene) Chairman McLane said discussion centered around education issues and how to set up an education subcommittee. He said he thought the committee would designate a time period at the beginning of a committee meeting, once a month, to discuss education issues. School Board President Martin indicated if there were such a designated format she would see that a school board member was in attendance. Assemblymember Moock would chair the education subcommittee. He asked assemblymembers who would be unable to attend the Decembe- 19th worksession, to express questions or ideas to Assemblymember Moock or. himself. Assemblymember Moock gave a report on preliminary 'budget numbers based on the cap; Community and Regional Affairs asse�smert and comparison of the 6 mill cap as opposed to 21% of the funda- tional unit. It appears the 21% will be the higher number auth;rized by state statutes for use. However, this will still be less than the local share that was appropriated last year. Additionally, there are heall-th insurance costs of approximately $1.3 million, contr�ctu l K.ENAI PENINSULA BOROUGH ASSEMBLY REGULAR MiEETING OF DECEMBER 6, 191�S personnel costs of approximately $1 million, totalling about $3.3 million which will come out of the local share appropriated last year. Also, it has been estimated it will cost approximately million to open Skyview High School. He stated there ohviousl.�• would be impacts on programs. President Sewall said School Board President Martin had told l:im Nc . Obendorf of the board would meet with the committee. H. MOTIONS TO RECONSIDER I. AGENDA APPROVAL AND CONSENT AGENDA Mrs. Glick requested all ordinances for introduction be set for hearirg by placement on the consent agenda and Res. 88-93, 10i), ICI and 102 be placed on the consent agenda. Mr. Skogstad objected to Ord. 88-52 being on the consent agenda. In answer to a question from Mrs. McGahan on Ord. 88-50, Asst. Atty. Reeves stated that the stipulation referred to in the memo is u•iknown at this time. When the borough received the land from the suite it was already leased and the lease agreement did not includE t?e stipulation and though requested, no one has the terms of the stipulation to be applied. Mr. Nash requested Res. 88-99 be added to the consent agenda. Mr. Crawford reported the Finance Cmte. had a do pass recommendation on Ord. 88-51 and Res. 88-99 with a request for an ordinance to codify the regulation. They also recommended passage of Res. F)-100 and 88-10. Mr. Skogstad reported Local Affairs Cmte. had a do pas recommendation on Ord. 88-53. The consent agenda was adopted as listed below: (a) Ord. 88-50 "Approving an Amendment to a Lease Agreement Between the Kenai Peninsula Borough and Pacific Alaska LNG Company" (Mayor) HEAR 1'3/89 (b) Ord. 88-51 "Amending the Purchasing Code to Allow t e Assembl,; to Select Consultants Without Formal Competitive Procedures" (Nash) HEARING: 1/3/89 John Kistler recommended making the code pertain directly to the specific item to be considered. As to the difference betwee,i the Assembly and the Mayor, he stated the Assembly could spend a 1.�t of money for a particular consultant while the Mayor has limitations or spending. (c) Ord. 88-53 "Establishing an Advisory Planning Commission in the Community_ of Anchor Point" (Mayor) HEARING: 1/3/89 (d) Res. 88-93 "Approving and Adopting Board Bylaws for the Central Kenai Peninsula Hospital Service Area Board" (Mayor, Req. S.A. Board) (e) Res. 88-99 "Approving Sales Tax Regulation 88-1 Regarding the Protest of State Liquor License Application Where Applicant has Entered a Secured Payment Plan for Sales Tax Debts" (Mayor) (f) Res. 88-101 "Requesting the Alaska State Department of Transportation to Revise Their Order of Road Project Priorities by Making the Seward Highway Milepost 50-65 Project A3 on the Six -Year Priority List" (Sewall, Skogstad) - 3 - KENAi PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF DECEMBER 6. 1988 (g) Res. 88-102 "Authorizing the Borough to Apply for a Granter the Bear Creek Fire Service Area in the Amount of S40,000 to Fund Completion of Construction of a Building to House Emergency Vehicles" (Sewall-) Pres. Sewall called a 10 minute recess. J. ORDINANCE HEARINGS (a) Ord. 88-40 Substitute "Amending the Borough Sales Tax Code Ac-ding to the Findings and Determination of the Sales Tax Committee of the Borough Assembly;" (Sales Tax Committee) ASSEMBLYMEMBER MOCCK MOVED THE ENACTMENT OF ORD. 88-40(SBST). Public hearing was opened. John Kistler, Soldotna, stated he supported the ordinance excert for the clause that would require all business of a certain sizf- file monthly. He reported when he was in business the books were done on a monthly basis and it would have been a simple matter to file saes tax at- the same time. Other businesses have quarterly accounting and he s_-ggested it should be left to t'._: individual business to decic'_e which was easier for them once their trial period was over. Public hearing was closed. ASSEMBLYMEMBER MOOCK MOVED TO AMEND SECTION 5.18.085 BY DELETIC�G PARAGRAPH C, RENUMBERING SUBSEQUENT PARAGRAPHS. MOTION WAS APPROVED BY UNANIMOUS CONSENT. Mrs. Moock reported receiving much comment concerning the change to monthly filings, both Kenai and Soldotna Chambers being in agreemer with the ordinance with the exception of this paragraph. She fel� with the Borough's increased pursuit of delinquent accounts, tt•.e monthly filing would not be necessary-. Mr. Crawford reported the Finance Cmte, had a do pass recommendation. Pres. Sewall believed the requirement for monthly fil'_r_g was still within the Mayor's jurisdiction if deemed necessary. Mayor Gilman stated it was important to note the ordinance was effective January 1 and ariv new business starting must still file monthly reports. At the end of a year they may petition to go to quarterly repo --tins_ For seasonal businesses, the 3orough should be notified they wi l not be active for certain months. Mrs. McGahan noted the $10 charge being assessed to obtain a tax exemption card, asking why -ion profit organizations should be charged when their activities are supported by donations. Mr. Semmens ;fated there is a $10 charge to obtain a resale card and the committe( felt it would be fair to place the same charge, which is to cover handling costs, on the exemption card. Mrs. McGahan objected to Section 10(F) which adds a restr::ction against the Mayor entering into a repayment agreement with a seller who has been involved in a repayment agreement with the prior 5 years, stating 5 years is a long time. Mr. O'Connell asked what options a company would have when running into problems if it had a repayment agreement in its background`; would they be shut down by the Borough? .Mayor Gilman stated there are businesses that have taken advantage in requesting repayment plans consistently. The Borough is not a credit bureau. He :r_ated it is the same as any other nonpayment of tax with the court ' �idge- ment involved. Mr. O'Connell stated he did not like to see le-ws cm the books that totally bird the administrators. - 4 - KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF DECEMBER 6, 1988 Mr. Crawford commented these are unlike anv other tax payers in thait they are actually tax collectors and all they have to do is turn over the revenues to the Borough --the funds do not come out of their pockets. Mr. Nash agreed, stating a business taking tax money from a client and failing to turn it over to the borough is theft. Mr. O'Connell asked whether any new personnel would be requires wir_h the enactment of Section 5.18.290(G) wherein the Mavor may require a delincuent business to deposit sales tax on a weekly basis to a joint bank account with the borough. Mayor Gilman stated he cou .i not answer at this point, new personnel might be required whether r not the ordinance. passes. Mrs. Moock referred to Section 5.18.255(F)(1) to which is being added, "Provision of meals, temporary lodging and/or utilities shall in no case fall within the exception from sales tax provide,.i for intermediate services." This applies to guided hunting or fishing trips which are sold as a package and up to now have paid tax :,n the first $500 only which is not what the intermediate services categcry was meant to be. She was concerned that guides are selling the-r packages this winter for next summer and may not be aware (, the change in the ordinance. ASSEMBLYMEMBER McGAHAN MOVED TO DELETE "for a charge of $10 per card" FROM SECTION 5.18.250. Mr. Nash and Mr. McLane spoke against the amendment, noting the cost of the non profit groups' being tax exempt should not fall on other tax payers. For the smaller groups it might not be worthwhile to get a card as their savings would not be sufficient. THE MC GAHAN AMENDMENT FAILED BY A VOTE OF 5 YES 8 NO: YES: Poindexter, Sewall, McGahan, Brown, Keene NO: Skogstad, Moock, McLane, O'Connell, Crawford, Glick., Nash, Carey Pres. Sewall asked if the committee had considered removing the tax from necessities such as food and how much revenue would lose. Mrs. Moock reported they considered both sides of the question; whether to tax everything as well as totally exempting necessities but i- was found the groceries are the biggest sales tax producers it the borough. ORE. 88-40(SBST) WAS ENACTED BY A VOTE OF 11 YES TC': 2 (Mc(,ahar, Brown) NO. Mrs. Moock thanked the committee and staff of both the Finance Dept.. and Legal for their help in researching various proposals. (b) Ord. 88-46 "Accepting and Appropriating a Grant from tFie--�tate of Alaska Department of Education for Construction of the Seward Elementary School" (Mayor) ASSEMBLYMEMBER GLICK MOVED THE ADOPTION OF RES. 88-46. Mr. Crawford reported the Finance Cmte, had a do pass recommendation. There was no public comment. Mr. McLane noted the enrollment report from school district shows Seward Elementary and High School as having the two largest reductions in the district. Pres. Sewall pointed out those f.-.ures indicated the reductions from projections of enrollment. ORD. 88-46 WAS ENACTED BY UNANIMOUS CONSENT. - 5 - KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF DECEMBER 6. 1988 (c) Ord. 88-47 "Accepting and Appropriating an Adti- tional ,600 in Grant Funding for the Emergence Services Division" (Mayor) ASSEMBLYMEMPER GLICK MOVED THE ENACTMENT OF ORD. 88-47. Mr. Crawford reported Finance Cmte. had a do pass recommendat_:rn <;s funds are available. WITh NO PUBLIC COMMENT, ORD. 88-47 WAS ENACTED BY UNANIMOUS COPI;ENT. (d) Ord. 88-48 "Appropriating $50,000 from the Unde- signate =und Balance of the Kalifornskv Fire Service Area for Equipment Purchases" (Mayor, Rec. KFSA Board) ASSEMBLYMEMBER GLICK MOVED THE ENACTMENT OF ORD. 88-48. Mr. Crawford reported Finance Cmte. had a do pass recommendation. There was no public comment. ORD. 88-48 WAS ENACTED BY UNANIMOUS CONSENT. K. INTRODUCTION OF ORDINANCES (a) Ord. 88-52 "Authorizing the Sale of Tract C of Beluga Terrace Addition No. 1 to Arco for the Purpose of Establishing a Consolidated Drill Mud Waste Disposal Site in the Beluga Area" (Mayor) ASSEMBLYMEMBER CLICK MOVED TO SET ORD. 88-52 FOR HEARING ON JANUARY 3, 1988. Mr. Skogstad reported the Local Affairs Cmte. had some concerns regarding liability that could occur through naming the spf:cific activity to which the land would be put to use. He stated the- also discussed the possibility of increasing the amount of acreage `o be sold to 25-30 acres which would allow Arco to provide a buffer- for the activity_ rather than the borough. He stated he had propcsc-i the increase to an Arco representative, but was told he could not spea°k for other parties involved and that a problem would exist it that Arco i:, ready to proceed on approval of the sale while additional acreage would mean further survey work. The committee's recomrienda- tion was "do not set for hearing". Mr. Nash -greed the tract was too small and it was too close to the Cook Inlet, but the error was made several years ago with authoriza- tion of sale of adjacent property. Considering the consequences of not approving this sale, he believed approval was the best choi(e. Pres. Sewall passed the gavel to Vice. Pres. McGahan in order to comment he agreed with points raised by Mr. Skogstad but felt to vote it dorm would be to discourage companies with questionable material to dispose of from coming to the borough with the problem. Vice Pres, McGahan returned the gavel. Mr. McLane believed the assembly had a commitment in adopting Res. 88-90 authorizing the Mayor to negotiate to sell the land to Arc:). At that time questions were raised concerning the buffer area br;t the state had issued a permit apparently meeting the engineering criteria. He hoped land planning in the future would be an iml,c.ed process. ASSEMBLYMEMBER POINDEXTER MOVED TO STRIKE "FOR THE PURPOS`;S GF ESTABLISHING A CONSOLIDATED DRILL MUD WASTE DISPOSAL SITE" FROM THE TITLE. - 6 - KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF DECEMBER 6, 1988 Atttv. Boedeker stated for the purposes of public notification, the tittle should remain specific until advertising for public herring. After the public has had opportunity to comment, the amendment --an be made. ASSEPMBLYErLMBER POINDEXTER WITHDREW HIS AMENDMENT AND ORD. 88 C AS SET FOR hEARING ON JANUARY 3 BY A VOTE OF 10 YES TO 3 NO. YEE: Skogstad, Poindexter, Moock, McLane, Crawford, Glick, Sewall, Brown, Keene, Nash NO: O'Connell, McGahan, Carey L. CONSIDERATION OF RESOLUTIONS (a) Res. 88-100 "Transferring $4,000,000 Excess Bond Proceeds from Bond Issues Previouslv Sold to the Seward Elementary School as Authorized by the October 4, 1988, Regular Election" (Mayor) ASSEMBLYMEMBER GLICK MOVED THE ADOPTION OF RES. 88-100. Mrs. McGahan reported she was told the North Star Elementary 3chocl has had to delete a satellite dish from their equipment list She asked if funding for them would come out of the equipment money. Mayor Gilman reported he was told this afternoon that satellite dishes would be available for North Star and Mt. Redoubt elementary schoo:s. Funding for them could come from bond proceeds bur the total amount to fund established equipment lists was transferred to the school district following sale of the bonds. He did not kn)w h.-w much cf that fund remained. RES. 88-100 WAS ADOPTED BY A VOTE OF 11 YES TO 2 (McLane and Mctahan) VOTING NO. M. FENDING LEGISLATION (This item lists legislation which will be addressEa at a later time as noted) Pres. Sewall requested Res. 88-89 be removed from the Pending l.st as it was disposed of by a Table Indefinitely motion. (a) Ord. 88-27(Revised) (Nash) REFERRED TO P.C./ASSM TASK FORCE (b) Ord. 88-33 (Nash) TABLED PEND. A/PC TF (c) Ord. 88-42 & SUBSTITUTE (McGahan) TABLED 11-15-88 (d) Ord. 88-49 (Mavor) HEARING 1-3-89 (e) Res. 88-89 (Mayor, req, of cities) TABLED 11/1/88 N. FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON SUBJECTS NOT ON THE MEETING AGENDA 0. PUBLIC C0111iENTS AND PUBLIC PRESENTATIONS P. MAYOR'S REPORT Mayor Gilman reported a new borough assessor has been hired, Wayr.e Haerer, currently the Kodiak Island Borough assessor. He wi_i be available fulltime on February 1 and will be coming back and to--th in the interim. A resolution of confirmation will be on the agenda after February 1 and opportunity to make his acquaintance. Mayor Gilman reported extra costs were accruing to the Sterling Waste Site Closure due to the work stoppage in November and a moni­.oring plan which will be given to ADEC for their review. There will be a public comment period and 60-90 day process of evaluation. He sated he .could have a total package ready for the January 3 meeting. - 7 - KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF DECEMBER 6, IchS Maycr Gilman reported on January 10 the administration and employEe's association will begin negotiations for a new 3 year contract r agreeing on procedures and exchanging proposals. He noted rh assembly will have final approval of the negotiated contrp2t. He had no objection if the assembly wished to have someone sitting,in on process. Mayor Cilman stated the school district audit showed 54,952,000 was left in the furniture and equipment account for the 1985 bond i;.sue schools. $2,300,000 is set aside for Skyview High School. it i cates North Star Elementary has spent approximately- $330,000 'or equipment as of June 30. He elt if the satellite dish was deniec ir_ might be for reasons other than that money was not available. Mrs. Glick asked if the Mayor had received a request to provide 1 re protection to Tustumena and Nikolaevsk schools. Mayor Gilman stated he had, but there was no way to legally accomplish it as they ,,re outside the boundaries of fire service areas. He had not discu,ied it with school administration. Q. i?THER BUSINESS ASSEMBLY'EMBER NASH MOVED TO REMOVE ORD. 88-33 FROM THE TABLE ANIIT WAS APPROVED BY UNANIMOUS CONSENT. ASSEMBLYMEMBER NASH MOVED TO DEFEAT ORL. 88-33. Mr. Nash stated with the appointment of the Assembly/Planning Comrs- sion Task Force, the concerns the ordinance was written to address are being addressed. ORD. )8-33 WAS DEFEATED BY A UNANIMOUS VOTE. Mr. O'Con.nell reported while at AML tie spoke with an employee of the Fairbanks North Star Borough assembly who acts somewhat like ar assistant administrator for the assembly. Anchorage also has one. He was not sure it was needed, but would like this assembly to consider such a position. He stated the person spoken to was wil:Lni, come and speak with the assembly if they wished to invest in 11is ticket. Pres. Sewall stated since there will be quarterly meetings with ,he four railbelt boroughs, first one being set for mid -January in Mat Su bcrough, it could be an opportunity to speak with other asser;'_,iv people concerning the issue. Mr. N.cLan.e requested the assembly have a planning worksession 1=011, discussion of subjects such as distribution of agenda packets and availability of them to the public, publication of the agenda in all bcrough newspapers, publication of notice the clerk's office vil'l receille rLessages on agenda items such as the Legislative Affairs office does, get a report on the computer system, the proposal N'.r. O'Connell mentioned, possibly a consultant on the school district .and bcrough budgets, communication with boroughs other than, railbt�lt, that have common interests, general discussion of assembly priority items I -or the budget. He stated a special interest of his was to ircrease the comprehensive plan. There were other subjects which other members doubtless had that regular meetings did not allow i.me tc discuss. He would also like to have a legal report as to the ramifications of reapportionment according to Title 29. ASSEN:BLYMEMBER NASH MOVED THE KPB ASSEMBLY MEET ON A ROTA'-ING QUARTERLY BASIS WITH OTHER RAILBELT BOROUGH ASSEMBLIES. Mr. Crawford felt they should have more time to consider the idea ThE MOTION WAS APPROVED BY A VOTE OF 11 YES TO 1 (Crawford) NC (NcGahar. temporarily absent) . - 8 - KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF DECEMBER 6, 1988 R. ASSEMBLY AND MAYOR'S COMMENTS ASSEMBLYMEMBER KEENE MOVED TO ADJOURN AND THE MOTION FAILED BY VOTE OF 6 YES TO 6 NO: YES: Skogsted, McLane, O'Connell, Crawford, Keene, Nash NO: Moock, Glick, Sewall, McGahan, Brown, Carey Mr. Carey supported Mr. McLane's proposal for a worksessior. He stated Mr. Kinney's financial report was the best he has hear(! i.r. 7 years on the Assembly. He stated he and the other government t-2acher at Soldctna High School were assigning students to attend local government meetings, asking them to observe and comment on members' actions and appearances. He reported attending the Central Peninsula Hospital Service Area Board meeting last week where a record dumber of interested persons attended. The issue was abortions and the perception was that the public would be allowed to give comment but there was no provision with the agenda for that. He stated he would be interested in being appointed to sit in on the negotiations )r act as alternate. He reported receipt of a letter requesting withdrawal from the fire service area of islands in the river and be''ieved boundaries should be redrawn to allow this. He suggested perha)s the state should take over snow plowing of the roads along with other statewide services it provides. Mrs. Moock reported she had asked the legal department to addre3s the Drcblem of the service area boundary which apparently was drawn on the wrong side of the river. Mr. Nash supported Mr. McLane's suggestions regarding a works�?ssion and thanked Mrs. McGahan for the holiday jelly. Mr. Keene asked to be excused. Mr. Brown agreed with the worksession concept and requested 1Jnited Way cards be turned in if possible. Mrs. McGahan stated in response to Mr. Carey's comments that years ago the school board used to sit with its back to the audience ;:-) the situation has improved for the public. Mr. Poindexter announced the Homer FFA Chapter recently returned from Kansas City having placed 32nd in the nation in horticulture w:_th an individual placing 22nd. Mrs. Moock congratulated Soldotna senior Joe Roderick on being named recipient of the Getterig Circle of Champions Alaska High School Pla-er of the Year. Mr. O'Connell echoed the appreciation of the Finance presentation, noting their record goes back a long way. He also encouraged the idea of holding a worksession. Mr. Crawford thanked the Finance Dept. for their presentation and in regard to the joint session; he objected to the concept of a o rural meeting outside the borough. Mrs. Glick also supported the worksession idea, noting the sho4-tcom- ings oi- the committee meetings. She also favored the meeting: with other borough assemblies to gain perspective on a varie+.:y of problems. She reported a good turnout at the Kenai Caucus reception to meet with the legislators. She stated the Peninsula is in �i good position to have an impact on AML direction with Kenai Mayor John Williams elected president of the Mayor's Conference. Soldotna Mayor Dolly Farnsworth is chairman of a legislative subcommittee, six members of the assembly, Mr. Boedeker, two Kenai Councilmembea, are on =our of those committees, and as well there are two board members. Pres. Sewall asked if there were assembly members who this time applied for and were accepted for appointment to committees. - 9 - KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF DECEMBER 6. 1�88 Mrs. Glick stated Mr. Carey_ and Mr. O'Connell were hold overs front last year and this year Mr. Nash, Mr. McLane, Mr. Hodgiris and 1r Moock were appointed. Pres. Sewall expressed consternation *ha there was no prior resolution approving travel expense for nr-w'. appointed committee members and possibly limiting the number. Pres. Sewall commented on the ?pint meeting held in Girdwood that he did n)t believe it was adequately advertised but if the meetings are scheduled in public facilities which can accommodate interestec public and are advertised, meaningful dialog could be achieved. If a, -ter a few meetings it seems the value is not equal to the cost -hey can be discontinued. ASSEM.BLY14EMBER McGAHAN MOVED TO CANCEL THE REGULAR MEETING CF DECEMBER 20 th , THE NEXT MEETING TO BE JANUARY 3, 1989. THE MOT ICI WAS APPROVED BY UNANIMOUS CONSENT. After discussion it was decided the worksession would follow the worksession with the school board on December 19 which begins at �:3C p.m., food to be provided for both groups at 5:30 p.m. The asse,bly worksession tc be held in the Frances Brvmer Conference Room. Pres. Sewall requested the January 3 agenda list under "Other Business", Executive Session for Litigation. Report. He commente-i in spite or the pride felt in not goinE, into executive sessior he believed there were times that it was appropriate. Advertising it on the agenda would notify the public that such a motion would be m de. He appointed Jack Brown to serve on the Tri-Borough Transportation C mmi.ttee i, it is funded by Anchorage; Mat Su has already acte' on it. He. stated his intention before January 3 to arrange a pu`lic hear_-ng in the Seward area to discuss concerns such as the railroad crossings, relocation of the solid waste site, and the community councils idea. Anv interested members will be welcome to attend. He e:-:pressed concern that there was no legal staff at the last meeting. He intended to tring the letter and resolutions from the Kenai Rive- Boarc to the assembly representative, Mr. Mullen, as some action frcr. the hornugh is expected. Mayor Gilman stated he would not be at the December 19 worksessioc as hewould be out of the state, but any staff that would be helpful could attend. INFORMATIONAL MATERIALS AND REPORTS T. NOTTCE OF NEXT MEETING AND ADJOURNMENT Pres. Sewall stated the next meeting will be a worksessior on December 19 with the next regular meeting to be on January_ 3, 1G89. This meeting adjourned at 12:55 a.m. Date approved G/ -'�-- ATTEST: Aorough Clerk nat an W. SewaiE,ssem y resi.ent - 10 - l r - C, ,_, KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING JANUARY 17, 1989; 7:30 P.M. BOROUGH ADMINISTRATION BUILDING SOLDOTNA, ALASKA A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE C 1PQ`, E . F . - A G E N D A - INVOCATION: Rev. Ken Hepner Soldotna United Methodist ROLL CALL VACANCY, DESIGNATION OR SEATING OF ASSEMBLYMEMBERS APPROVAL OF MINUTES: January 3, 1989 COMMITTEE REPORTS Pace N=. 1 1 1 1 Appv (a) Finance (Chm. Crawford, V. Chm. Carey, Glick, O'Connell, Nash, Walli) 1 (b) Local Affairs/Legis. (Chm. Skogstad, V. Chm. Mullen, Glick, McGahan, O'Connell, Poindexter) (c) Public Works/Ed. (Chm. McLane, V. Chm. Moock, Brown, Hodgins, McGahan, Skogstad, Keene) 1 H. MOTIONS TO RECONSIDER I. AGENDA APPROVAL AND CONSENT AGENDA 2 J. ORDINANCE HEARINGS (a) Ord. 88-49 "Amending KPB Chapter 20.20 Regarding Subdivision Design Requirements by Enactment of a New Section 20.20.035 Provid- ing Access Requirements for Proposed Subdivi- sion of Land Isolated by the Alaska Railroad Right -of -Way From the State Highway System" (Mayor) POSTPONED 1/3 2 Pstp.d. to 4/4 89 K. INTRODUCTION OF ORDINANCES (a) Ord. 89-8 "Postponing the Effective Date of Those Amendments to the Borough Sales Tax Code Adopted Through KPB Ordinance 88-40 Sub- stitute, Section 7 and Section 9" (Moock) 3 St H_ng (b) Ord. 89-9 "Establishing a Division of Risk Management, a Self -Insurance Retention and Deductible Fund, and Providing for an Effec- tive Date" (Mayor) 3 St Hrng L. CONSIDERATION OF RESOLUTIONS (a) Res. 89-7 "Deleting the Documentarian Posi- tion and Adding a Programmer/Analyst Position in the Data Processing Division" (Mayor) 3 Adopted (b) Res. 89-8 "Deleting the Records Manager Posi- tion, Adding a Senior Records Clerk Position, and Changing the Records Clerk Position from Part -Time to Full -Time" (Mayor) 3 Adopted (c) Res. 89-9 "Adopting Rules and Regulations for Funding, Award, Approval and Termination of Work on Central Peninsula Road Maintenance Service Area Contracts" (Mayor, Req. CPRMSA) 4 Adopted (d) Res. 89-10"Requesting the State of Alaska to Provide Funding for a Hydrology Study"(Brown)4 Adopted M. PENDING LEGISLATION (This item lists legislation which will be addressee: at a later time as noted) (a) Ord. 89-1 "Altering the Boundaries of the Ridgeway/Sterling Fire Service Area to Exclude the Kenai River and its Islands" (Moock)HEAR 2/7 (b) Ord. 89-2 "Amending the Homer Comprehensive Plan Policy 16, to Allow Hotels and Motels as a Conditional Use on the Homer Spit" (Mayor, Reg. Planning Cmsn.) HEARING 2/7/89 (c) Ord. 89-3 "Extending the Time Limit for Purchase of Furniture and Equipment for Skyview High School" (Moock) HEARING 2/7/89 (d) Ord. 89-4 "Authorizing the Receipt of a Grant from the Alaska Depar= ent of Natural Resources and Appropriating $1,895 to the Ridgeway/Ster- ling Fire Service Area" (Mlayor) HEARING 2/7/89 (e) Ord. 89-5 "Amending Kenai Pe::insula Borough Ordinance 81-47 Which Adopted Municipal Powers Necessary to Prov_de Ports and Harbors, Wharves, and Other Marine Facilities in the Borough Out- side Cities, to Remove Restrictions on Expendi- tures and Hiring" (Hodgins/',!cGahan/McLane/Brown/ Glick) HEARING 2/7/89 (f) Ord. 89-6 "Authorizing the Appropriation from the Fund Balance of the General Funds Account to the Sterling Special Waste Site Account for the Closure of Sterling Special Waste Site" (Mayor) HEARING 2/7/89 (g) Ord. 89-7 "Enacting a New Chapter to the Borough Code Establis^.ing a Policy for Invest- ment of Borough Monies" (Mayor) HEARING 2/7/89 (h) Ord. 88-27(Revised) "Amending KPB Title 21 to Add a New Chapter 200 Pertaining to the Burial, Dumping, Transporting, Storage, Incineration, or Other Disposal of Potentially Harmful, Toxic or Hazardous Waste Materials, and Amending KPB 10.10 Pertaining to t:-e Waste Disposal Commis- sion" (Nash) Referred to Plan. Cmsn./Assm. T.F. (i) Ord. 88-42 & (Sbst) "Enacting Code Provisions to Allow Community Councils to Be Established" (McGahan) TABLED 11/15/88 N. FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON SUBJECTS NOT ON THE MEETING AGENDA (a) Cheryl Winkler, AMOCO, Waste Site Cleanup 4 O. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS 5 P. MAYOR'S REPORT Q. OTHER BUSINESS 5 (a) Approval of Amended (Sched) Assembly Manual 5 App-d. (b) Agenda for Jan. 21 Inter -Borough Meeting 6 R. ASSEMBLY AND MAYOR'S COMMENTS S. INFORMATIONAL MATERIALS AND REPORTS (a) Revenue/Exenditure Report, Budget Revisions T. NOTICE OF NEXT MEETING AND ADJOURNMENT (Feb. 7, 1989) 6 KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING MINUTES JANUARY 17, 1989; 7:30 P.M. BOROUGH ADMINISTRATION BUILDING SOLDOTNA, ALASKA A. CALL TO ORDER The regular meeting was called to order at 7:30 p.m. by Presic,,,_ Jonathan W. Sewall. B. PLEDGE OF ALLEGIANCE C. INVOCATION The invocation was giver. by Rev. Ken Hepner, minister of the E 1- dotna United Methodist church. D. ROLL CALL PRESENT: Assemblymembers Brown, Carey, Crawford, Glick, Hodgins,* Keene, McGahan, McLane, Moock, Nash, O'Connell, Poindexter, Sewall, Skogstad, Walli; Mayor Gilman, At-:.y. Boedeker, Asst. Atty. Reeves, Personnel Director Campbe_.1, Borough Clerk Brindley ABSENT: Assemblymember '1ul'_an *Arrived at 8:13 p.m. E. VACANCY, DESIGNATION OR SEATING OF ASSEMBLYMEMBERSI F. APPROVAL OF MINUTES The minutes of the regular meeting of January 3, 1989 were ap- proved with a correction to the final statement as to time of recess of the meeting to :anuary 17 at 4:30 p.m. G. COMMITTEE REPORTS (a) Finance (Chm. Crawford, V. Chm. Carey, Glick, O'Connell, Nash, aalli) Mr. Crawford reported the Finance Cmte. met and discussed the audit and request for proposals for next year's auditor. An out- line of the RFP will be provided the entire assembly for review. It will be a 3-5 year contract. (b) Local Affairs/Legis. (Chm. Skogstad, V. Chm. Mullen, Glick, McGahan, O'Connell, Poindexter) Mr. Skogstad reported the committee discussed a substitute :cr the community councils ordinance proposed by Mr. Nash which w.,lam be introduced February 7. (c) Public Works/Ed. (Chm. McLane, V. Chm. Moock, Brown, Hodgin.s, McGahan, Skogstad, Keene) Mr. McLane reported the committee discussed education issues. He stated if there are members who are unable to attend the school board budget worksessions but have questions they'd like answered, committee members can see that they are passed along if they are submitted to the clerk. He stated they had a report from Public Works Director Brown on the Nikiski Fire Station #2 contract. It was also reported the Nikiski High School wa-er system has received good test results. Pres. Sewall reported he held a public hearing in Bear Creek on Ord. 88-49 on January 11, 1989. 1 KENAI PENINSULA BOROUGH ASSEMBLY MZE 7ING 07 JANUARY 17, 1989 H. MOTIONS TO RECONSIDER I. AGENDA APPROVAL AND CONSENT AGENDA Pres. Sewall recommended a motion for an executive session be made under Other Business. Mr. Crawford reported the Finance Cmte. requested introduction of Ord. 89-8 be placed on t,:e Consent Agenda with hearing set or February 21. Mr. McLane reported the Public Works/Ed Cmte. requested addi -on. of Ord. 89-9 to the Consent Agenda with public hearing set for February 21, Mr. Crawford reported the Finance Cmte. concuri-ec as Ord. 89-9 was simply a codification for future reference of a proven system which has evolved in practice. Pres. Sew-+1_ referred to §34.020 which defines school district and borc..gh employees and asked if this was only for liability purposes or would it include all board and committee members. Atty. Boedek:er stated it was only intended for employees for insurance coverage purposes. Mrs. Glick requested Res. 89-7 and Res. 89-9 be added for accp- t:'on and the Consent Agenda and meeting agenda was approved by unanimous consent following an opportunity being given for pubic comment. J. ORDINANCE HEARINGS (a) Ord. 88-49 "Amending KPB Chapter 20.20 Regarding S..b- division Design Requirements by Enactment of a New Sec- tion 20.20.035 Providing Access Requirements for Proposed Subdivision of Land Isolated by the Ala_;ka. Railroad Right-of-way From the State Highway System" (Mayor) POSTPONED 1/3 ASSEMBLYMEMBER SKOGSTAD MOVED THE ENACTMENT OF ORD. 88-49. Pres. Sewall reported a hearing was conducted at Bear Creek F_re Hall on January 11 at 7 p.m. Due to weather conditions, there was not a great turnout, but questions of concern were discussed. The railroad representatives who were expected were prevented by an avalanche from coming so some questions remain unanswer-d. The consensus was to recommend postponement until April 4 in ,r- der to resolve unclear issues. Public hearing was opened, Cliff Baker, Kasilof, stated he was a surveyor working with she borough trying to get access across railroad crossings for several years. He also had concerns regarding the sight t.i- angles and who will regulate crossing speed. The borough doesn't have the authority. Different design speeds change the size of sight triangle required, '-.e., with a stop sign the triangle can be within the 200 ft. right-of-way. With a 35 mph speed zone the sight triangle clearing would be swell beyond the 60 ft. for frontage road possible on either side of the tracks. This cc.l have a negative impact on an established neighborhood to the Ex- tent a person who did not wish to give up a fence or hedge ccnlc halt a railroad crossing from being installed with the langu<:ge of this ordinance. He stated someone needs to regulate the speed and personally felt stop signs were preferable. Public hearing was closed. KFNAI PENINSULA BOROUGH ASSEMBLY MEETING OF JANUARY 17, 1989 ASSEMBLYMEMBER GLICK MOVED THE POSTPONEMENT OF ORD. 88-49 TO APRIL 4, 1989 WITH CONTINUATION OF PUBLIC HEARING UNTIL IFA- DATE. In answer to questions from Mrs. GJalli, Pres. Sewall noted -.he ordinance would not effect state maintained roads but pertair to new subdivision roads, particularly those which are landlocked by the railroad. This would provide a mechanism whereby those find owners could put in crossings at their own expense in order to develop their property. The road maintenance service areas wc.:ld then be responsible for maintenance including the sight tri- angles. Questions are yet unresolved as to who will incur trc,se costs, what the annual costs are estimated to be, what the ,n- surance needs are and what standards for construction will be used. Mr. Nash asked administration to provide an amendment for cc)n- sideration that would require installation of stop signs and �,.;s- sibly to amend paragraph B to more fairly distribute costs of constructing the crossings to other benefitting subdividers. Mayor Gilman reported they recent conference of mayors passe, a resolution asking the Alaska Railroad Board to reexamine their crossing policies. He believed until now the issue has not came before the Board. He stated this ordinance was for future development that is being requested at this time but he was aware there were other problems that were not addressed in it. Mr. Hodgins arrived. ORD. 88-49 WAS POSTPONED BY UNANIMOUS CONSENT. K. INTRODUCTION OF ORDINANCES (a) Ord. 89-8 "Postponing the Effective Date of These Amendments to the Borough Sales Tax Code Adopted Through KPB Ordinance 88-40 Substitute, Section 7 and Section 9" (Mcock) SET FOR HEARING ON CONSENT AGENDA. (b) Ord. 89-9 "Establishing a Division of Risk Management, a Self -Insurance Retention and Deductible Fund, and Providing for an Effective Date" (Mayor) SET FOR HEARING ON CONSENT AGENDA. L. CONSIDERATICN OF RESOLUTIONS (a) Res. 89-7 "Deleting the Documentarian Position and :.d- ding a Programmer/Analyst Position in the Data Process- ing Division" (Mayor) ADOPTED WITH CONSENT AGENDA. (b) Res. 89-8 "Deleting the Records Manager Position, id - ding a Senior Records Clerk Position, and Changing she Records Clerk Position from Part -Time to Full-Tirie" (Mayor) ASSEMBLYMEMBER GLICK MOVED THE ADOPTION OF RES. 89-8. Mr. Skogstad reported Local Affairs Cmte. discussed the resolu- tion with Personnel Director Campbell and voted a do pass rec m- mendation. RES. 89-8 WAS ADOPTED BY A VOTE OF 13 YES TO 2 (Carey, Walli) \O. 3 KENAI PENINSULA BOROUGH ASSEMBLY MEETING OF JANUARY 17 1989 (c) Res. 89-9 "Adopting Rules and Regulations for Fund_i.3, Award, Approval and Termination of Work on Cent.ai Peninsula Road Maintenance Service Area Contract; (Mayor, Req. CPRMSA) ADOPTED WITH CONSENT AGENDA. (d) Res. 89-10"Requesting the State of Alaska to Prov._ie Funding for a Hydrology Study" (Brown) ASSEMBLYMEMBER BROWN MOVED THE ADOPTION OF RES. 89-10. Maryli Sisson, Soldotna, spoke in support of the resolution. t>he reported having picked up ADEC's Draft Comprehensive Inventory Report of Potential Waste Disposal Sites on the Kenai Peninsi:ia which is available to any interested person on loan. She sta^:ed the situation is serious and the need to find out about '.:Ie hydrology geology is unarguable. There is a program on the ra- tional level which could be another way to get federal help on the Kenai River. Gary Superman, North Kenai, believed everyone was aware of '.Ze problem with waste on the Peninsula. He referred to a petit_3n with 250 signatures calling for a hydrology study based arci:nd the industrial complex which he submitted to various state agencies. He stated there are millions of pounds of toxic waste sitting on the ground in the Nikiski area and more being pumped into the air. He would prefer to see Nikiski specifically men- tioned in the resolution along wi-h t'-:e central peninsula <and urged it be adopted by a unanimous ,.rote. Alan Bute, North Kenai, stated a few weeks ago local legislat,>rs had listened to reports of the conditions out north and he f,��t they would support the suggested action. Mr. Brown stated the genesis of the resolution was the petit -on mentioned by Mr. Superman and an informal proposal for a hydr,)i- ogy study that. was done by J'_m Munder, state hydrologist, for _ie Sterling area. ASSEMBLYMEMBER GLICK MOVED TO AMEND BY ADDING TO SECTION 2 '-HE NAMES OF SENATOR JOHNE BINKLEY AND REP. KAY WALLIS WHO REPRES=NT THE TYONEK AREA. THE MOTION WAS APPROVED BY UNANIMOUS CONSENT. RES. 89-10 WAS ADOPTED BY 7NANIMOOS CONSENT. M. PENDING LEGISLATION (This item lists legislation which will be addres3ed at a later time as noted) (a) Ord. 89-1 (Moock) HEARING 2/7/89 (b) Ord. 89-2 (Mayor, Req. Planning Cmsn.) HEARING 2/7/84 (c) Ord. 89-3 (Moock) HEARING 2/7/89 (d) Ord. 89-4 (Mayor) HEARING 2/7/89 (e) Ord.89-5(Hodgins/McGahan/McLane/Brown/Glick)HEAR 2/7/89 (f) Ord. 89-6 (Mayor) HEARING 2/7/89 (g) Ord. 89-7 (Mayor) HEARING 2/7/89 (h) Ord. 88-27(Revised)(Nash) Refer Plan. Cmsn./Assm. T.?. (i) Ord. 88-42 & (Sbst) (McGahan) TABLED 11/15/88 N. FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON SUBJECTS NOT ON THE MEETING AGENDA (a) Cheryl Winkler, AMOCO, Waste Site Cleanup 4 SSEMBLY MEETING OF JANUARY 17, 1989 Ms. Winkler reported on the progress of the cleanup project for which she sought approval to dump waste water in August. She stated the project was begun on September 23 and reported the ma-,ority of the work accomplished although the portion dea ing with. the removal of crude oil from sands and gravel had t:�kec longer than anticipated due to a wider spread of the oil. T=sts indicate each section completed has met the state's standards anc there is no ground water or contamination in the area. They gave put 4 monitoring wells in the area and will be monitoring for years to insure the water remains pure. Amoco shipped ap- proximately 3,000 cubic yards of the dust that was contaminates to a special site out of the state. O. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS Mr. Bute asked if the material shipped out of state by Amoco aas considered a hazardous waste and Ms. 14inkler replied that it as. P. MAYOR'S REPORT Mayor Gilman reported on how to reach Adm.n. Asst. Marla Hus,; i- Juneau. He stated she has an office which can be utilized by as- semblymembers when in Juneau. In answer to questions he stated (1) Ms. Huss' expenses come out of the Mayor's budget, (2) total revenues that come from the state are $25 1/2 million on top of the school budget. Mayor Gilman reported on the Superfund Amendments inc- Reauthorization Act passed in 1986 as a reaction to the Bopal in- d'-cident. it stipulates if states are going to qualify for cleanup funds from the Superfund they must put into operatic,.a a planning program to determine the storage, transportation and potential disposal of chemical waste. The Moose Point r.ail-oad disaster was a case it would address. The governor creates; by executive order a commission, and appointed members who have elected to make the boroughs be the local planning distr cts identified in the Act. The law mandates the type of people who must be on the commission whic:-i ll have the responsibilit\ to oversee and develop a pan to respond to a chemical disas-.er. Additionally they must develop and store information as to -hat materials exist in the community from a list of chemicals n,�med in the law. He reported this borough probably has the larc;est application of this portion of the law because of its indust ia1 area. He stated this would most likely be part of the Oveail Emergency Plan. The local commission will be approved by -he state commission and he would by resolution ask the assembl, tc; approve the appointments. Mayor Gilman referred to letters from residents of the Seward area concerning the moving of the Seward Landfill. He repo ted responding with a letter which he read addressing those conce-ns, stating in part that the borough has been searching for over a year for a new site that would meet ADEC and EPA criteria for landfills. Only two such sites have been located, in the Bear - Lake area and off the road to Exit Glacier. There has been, no decision on either of the sites and there will be a public ho�ar- ing in the area on February 8. Mavor Gilman reported funds from the unused special elect:ion budget would be transferred to the assembly travel account at the request of Pres. Sewall and come to them in a regular repor-. of transfers. Q. OTHER BUSINESS (a) Approval of Amended Assembly Manual (Revised Committee Schedules) KENAI PENINSULA BOROUGH ASSEMBLY MEETING OF JANUARY 17, 1989 ASSEMBLYMEMBER GLICK MOVED THE APPROVAL OF THE 1989 ASSEMi3:�Y MANUAL WITH REVISED COMMITTEE ASSIGNMENTS. MOTION WAS APPROVED BY UNANIMOUS CONSENT. Mr. McLane noted he was also on the EDD committee. (b) Agenda for Jan. 21 Inter -Borough Meeting Pres. Sewall asked Assembly members to indicate if they were planning to attend the meeting in Palmer in order to plan .he most expeditious travel. Six indicated they would attend and ;r. Nash and Mrs. Glick stated they would be driving their own vehicles and not seek reimbursement because of other activities. Pres. Sewall stated he had discussed with Mayor Gilman and Ma -La Huss items for potential discussion at the tri-borough con- ference. Backup information had been faxed on HB 4, SB 16, SB 38, HB 37. Also proposed for the agenda was the railbelt ene_gy fund, the ferry system and some areas of economic development. ASSEMBLYMEMBER GLICK MOVED THE ASSEMBLY RECESS TO AN EXECUTIVE SESSION TO DISCUSS WITH ATTY. BOEDEKER LITIGATION AND THE EFF::CT ON THE FINANCES OF THE BOROUGH AND THAT MAYOR GIL4AN AND FINAJCE DIRECTOR KINNEY JOIN THE SESSION. ASSEMBLYMEMBER MC LANE MOVED THE EXECUTIVE SESSION BE RECORDED WITH THE TAPE TO BE LEFT WITH THE ATTORNEY. THE MOTION WAS %P- PROVED BY A VOTE OF 9 YES TO 6 NO: YES:Skogstad, Poindexter, Hodgins, Moock, McLane, O'Connell, Glick, McGahan, Walli NO: Crawford, Sewall, Brown, Keene, Nash, Carey THE MOTION TO RECESS TO EXECUTIVE SESSION WAS APPROVED BY A VOTE OF 13 YES TO 2 (McLane, McGahan) NO. The regular meeting recessed at 9:15 p.m. and returned to regular sess_on at 11:21 p.m. R. ASSEMBLY AND MAYOR'S COMMENTS ASSEMBLYMEMBER MOOCK MOVED TO ADJOURN THE MEETING AND THE MOTION WAS APPROVED BY UNANIMOUS CONSENT. S. INFORMATIONAL MATERIELS AND REPORTS (a) Revenue/Exenditwre Report (b) Budget Revisions Report (7/88 thru 12/88) T. NOTICE OF NEXT MEETING AND ADJOURNMENT Pres. Sewall stated the next regular meeting would be February 7, 1989, and this meeting adjourned at 11:23 p.m. Date approved Februar)= 7, 1999 at a Sewall, Assembly Presidert ATxEST: j � 41'r90-4h Clerk-7i 6 KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING JANUARY 3, 1989; 7:30 P.M. BOROUGH ADMINISTRATION BJILDING SOLDOTNA, ALASKA - A G E N D A- Paae No. r'' t A. CALL TO ORDER 1 \B. PLEDGE OF ALLEGIANCE 1 INVOCATION: Rev. Ernest Schmidt, Sterling Baptist 1 C ROLL CALL ✓'� E. VACANCY, DESIGNATION OR SEATING OF ASSEMBLYMEMBERS F. APPROVAL OF MINUTES: January 3, 1989 1 Appvd G. COMMITTEE REPORTS 1 (a)Finance (Chm. Crawford, V. Chm. Carey, Glick, O'Connell, Nash, Walli) (b)Local Affairs/Legis. (Chm. Skogstad, V. Chm. Muller., Glick, McGahan, O'Connell, Poindexter) (c)Public Works/Ed. (Chm. McLane, V. Chm. Moock, Brown, Hodgins, McGahan, Skogstad, Keene) H. MOTIONS TO RECONSIDER I. AGENDA APPROVAL AND CONSENT AGENDA 1 J. ORDI:NANCE HEARINGS (a) Ord. 88-49 "Amending KPB Chapter 20.20 Regarding Subdivision Design Requirements by Enactment of a New Section 20.20.035 Providing Access Requirements for Proposed Subdivision of Land Isolated by the Alaska Railroad Right -of -Way From the State High way System" (Mayor) 3 Pstpno. (b) Ord. 88-50 "Approving an Amendment to a Lease Agreement Between the Kenai Peninsula Borough and Pacific Alaska LNG Company" (Mayor) 3 Enacted (c) Ord. 88-51 "Amending the Purchasing Code to Allow the Assembly to Select Consultants Without Formal Competitive Procedures" (Nash) 5 Enacte,i (d) Ord. 88-52 "Authorizing the Sale of Tract C of Beluga Terrace Addition No. 1 to ARCo for the Purpose of Establishing a Con- solidated Drill Mud Waste Disposal Site in the Beluga Area" 6 Enacte ri (e) Ord. 88-53 "Establishing an Advisory Plan- ning Commission in the Community of Anchor Point" (Mayor) 5 Enacted K. INTRODUCTION OF ORDINANCES (a) Ord. 89-1 "Altering the Boundaries of the Ridgeway/Sterling Fire Service Area to Ex- clude the Kenai River and its Islands" (Moock) 2 St Hrc (b) Ord. 89-2 "Amending the Homer Comprehensive Plan Policy 16, to Allow Hotels and Motels as a Conditional Use on the Homer Spit" (Mayor, Req. Planning Cmsn.) 2 St Hrg (c) Ord. 89-3 "Extending the Time Limit for Purchase of Furniture and Equipment for Skyview High School" (Moock) (d) Ord. 89-4 "Authorizing the Receipt of a Grant from the Alaska Department of Natural Resources and Appropriating $1,895 to the Ridgeway/Sterling Fire Service Area" (Mayor) 2 St Hrc (e) Ord. 89-5 "Amending Kenai Peninsula Borough Ordinance 81-47 Which Adopted Municipal Powers Necessary to Provide Ports and Har- bors, Wharves,and Other Marine Facilities in the Borough Outside Cities, to Remove Restrictions on Expenditures and Hiring" (Hodgins/McGahan/McLane/Glick/Brown) 2 St Hrg (f) Ord. 89-6 "Authorizing the Appropriation from the Fund Balance of -he General Funds Account to the Sterling Special Waste Site Account for the Closure of Sterling Special Waste Site" (Mayor) 7 St Hrc (g) Ord. 89-7 "Enacting a New Chapter to the Borough Code Establishing a Policy for In vestment of Borough Monies" (Mayor) 2 St Hrc L. CONSIDERATION OF RESOLUTIONS 2 Adopted (a) Res. 89-1 "Authorizing the Kenai Peninsula Borough to Act as Cognizant Agent for the Soldotna Senior Citizens in the Receipt of a $30,000 Grant from the State of Alaska and to Provide Technical Assistance to Meet Their Reporting and Compliance Require- ments" (Mayor, Req. Soldotna Senior Citizens) (b) Res. 89-2 "Amending the Allocation of Grant Funds Provided in Resolution 87-98 by Transferring S21,109.13 from West Poppy Lane and Knight Drive to Ciechanski Road" (Public Works/Ed Cmte) (c) Res. 89-3 "Deleting the Battalion Chief Director of Medical Rescue Services) and Adding an Engineer Position at the Nikiski Fire Service Area" (Mayor) (d) Res. 89-4 "Approving Labor Negotiation Pro- cedures for a New Collective Bargaining Agreement" (Mayor) (e) Res. 89-5 "Establishing Procedures for the KPB Chapter 5.18.190(C) Regarding the Audit Estimate Fee" (Mayor) (f) Res. 89-6 "Requesting That the Legislature not Use the Raiibelt Energy Fund Except for Railbelt Energy Projects" (Sewa'_i/McGahan/ Glick) M. PENDING LEGISLATION (This item lists legislation which will be addressed at a pater time as noted) (a) Ord. 88-27(Revised) "Amending KPB Title 21 to Add a New Chapter 200 Pertaining to the Burial, Dumping, Transporting, Storage, In- cineration, or Other Disposal of Poten- tially Harmful, Toxic or Hazardous Waste Mataerials, and Amending KPB 2.0.10 Pertain- ing to the Waste Disposal Commission" (Nash) Referred to Plan. Cmsn./Assm. T.F. (b) Ord. 88-42 & (Sbst) "Enacting Code Provi- sions to Allow Community Councils to Be Es- tablished" (McGahan) TABLED 11/15/88 N. FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON SUBJECTS NOT ON THE MEETING AGENDA 0. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS P. MAYOR'S REPORT (a) Memo 89-8 Designation of Administrative Officer (b) Memo, acoustical ceiling, Hope School (c) Letter, Anchor Point Advisory Cmsn. (d) AML Conference of Mayors Q. OTHER BUSINESS (a) Request Waiver of Penalty and Interest 9 Denies (b) Motion to move to Executive Session 9 Deftd. R. ASSEMBLY AND MAYOR'S COMMENTS S. INFORMATIONAL MATERIALS AND REPORTS T. NOTICE OF NEXT MEETING AND RECESS (Jan. 17, 1989) KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING MINUTES JANUARY 3, 1989; 7:30 P.M. BOROUGH ADMINISTRATION BUILDING SOLDOTNA, ALASKA A. CALL TO ORDER The regular meeting of the assembly was called to order at 7:30 p.m. by President Jonathan W. Sewall. B. PLEDGE OF ALLEGIANCE C. INVOCATION The invocation was given oy Rev. Ernest Schmidt of the Sterling Baptist Church. D. ROLL CALL PRESENT: Assemblymembers Brown, Carey*, Crawford, Glick, Hodgi::s, Keene, McGahan, McLane, Moock, Nash, O'Connell, Poindexter, Sewall, Skogstad; Mayor Gilman, Atty. Boedeker, Asst. Atty. Reeves, Finance Director Ross Kinney, Public Works Director Brown, Borough Clerk Brindley EXCUSED: Assemblymembers Mullen, Wall- *Excused at 9:30 p.m. E. VACANCY DESIGNATION OR SEATING OF ASSEMBLYMEMBERS F. APPROVAL OF MINUTES The minutes of the regular meeting of December 6, 1988 were ap- proved with the notation. of Mr. Hodgins' excused absence. G. COMMITTEE REPORTS (a) Finance (Chm. Crawford, V. Chm. Carey, Glick, O'Connell, Nash, Wall-) Mr. Crawford reported all committee discussion concerned age-.da items. (b) Local Affairs/Leg. (Chm. Skogstad, V. Chm. Mullen, Glick, McGahan, O'Connell, Poindexter) Mr. Skogstad reported in addition to agenda items the committee discussed the community organization ordinance and resolved to introduce a resolution establishing procedures for communicating with existing councils. The committee also heard a report from Mr. Weeks of the Alaska Railroad on the herbicides program to be instituted in Seward. (c) Public Works/Ed. (Chm. McLane, V. Chm. Moock, Brown, Hodgins, McGahan, Skogstad, Keene) Mr. McLane reported that in addition to agenda items he spDke with Public Works Director Brown regarding water testing at the Nikiski High School and results will be available at the end of the week. H. MOTIONS TO RECONSIDER I. AGENDA APPROVAL AND CONSENT AGENDA Mr. Crawford requested on behalf of the Finance Cmte. that Res. 89-1 and 89-6 be placed on the Consent Agenda. Mr. McLane stated the Public Works/Ed Cmte. recommended Res. 89-2 be placed on the Consent Agenda. Mrs. Glick requested all ordinances for intro- duction except Ord. 89-6 be placed on the Consent Agenda as weal 1 KENAI PENINEJLA BOROUGH ASSEMBLY REGULAR MEETING OF.JANJARY._3� 1989 as Res. 89-3, 89-4, and 89-5. Mrs. McGahan moved the wordint of the title of Res. 89-6 be changed to the positive by deletior of "not" and "except". She also wished to have her name and Prs. G:.ick's added as sponsors and requested it be added to the (on - sent Agenda. Mr. Hodgins reported Mrs. McGahan, Mr. McLane, T1r. Brown and Mrs. Glick wished r_o also sponsor Ord. 89-5. There .,as no objection and the Consent Agenda was adopted as shown fol;)w-- ing public comment on Res. 89-2. James Gibbs, Ciechanski Road, spoke for adoption of the resc;u ticn to transfer sufficient funds to get some planning and c-tn- gineering done on Ciechanski now, and hopefully further vcrk later. He reported a total of $49,000 had been appropriatec to the road with $9,000 spent but only $3,900 was left in the r,c-- count as funds were transferred to other projects. (a) Ord. 89-1 "Altering the Boundaries of the Ridgeway/Ster.ing Fire Service Area to Exclude the Kenai River and Its Islands" (Moock) SET HEARING FOR FEBRUARY 7, 1989 (b) Ord. 89-2 "Amending the Homer Comprehensive Plan Policy 16, to Allow Hotels and Motels as a Conditional Use on the Homer Spit" (Mayor, Req. Planning Cmsn.) SET HEARING FEB. 7, 1989 (c) Ord. 89-3 "Extending the Time Limit for Purchase of Furniture and Equipment for Skyview High School" (".Moock) SET HEARING FEB. 7, 1989 (d) Ord. 89-4 "Authorizing the Receipt of a Grant from the Alaska Department of Natural Resources and Appropriating $1,895 to the Ridgeway/Ster- ling Fire Service Area" (Mayor)SET HEARING FEB. 7, 3989 (e) Ord. 89-5 "Amending Kenai Peninsula Borough Ordinance 81-47 Which Adopted Municipal Powers Necessary to Provide Ports and Harbors, Wharves, and Other Marine Facilities in the Borough Out- side Cities, to Remove Restrictions on Expendi- tures and Hiring" (Hodgins/McGahan/McLane/Brown/ Glick) SET HEARING FOR FEBRUARY 7, 1989 (g) Ord. 89-7 "Enacting a New Chapter to the Borough Code Establishing a Policy for Invest- ment of Borough Monies" (Mayor) SET HEARING FEB. 7 (h) Res. 89-1 "Authorizing the Kenai Peninsula Borough to Act as Cognizant Agent for the Soldotna Senior Citizens in the Receipt of a $30,000 Grant from the State of Alaska and to Provide Technical Assistance to Meet Their Reporting and Compliance Requirements" (Mayor, Req. Soidotna Senior Citizens) (i) Res. 89-2 "Amending the Allocation of Grant Funds Provided in Resolution 87-98 by Transfer- ring $21,109.13 from West Poppy Lane and Knight Drive to Ciechanski Road" (Public Works/Ed Cmte) (j) Res. 89-3 "Deleting the Battalion Chief Director of Medical Rescue Services) and Adding an Engineer Position at the N'kiski Fire Service Area" (Mayor) (k) Res. 89-4 "Approving Labor Negotiation Proce- dures for a New Collective Bargaining Agree- ment" (Mayor) KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF JAN. 3, 1932 Chapter 5.18.190(C) Regarding the Audit Esti- mate Fee" (Mayor) (1) Res. 89-6 "Requesting That the Legislature Use the Railbelt Energy Fund for Railbelt Energy Projects" (Sewall/McGahan/Glick) J. ORDINANCE HEARINGS (a) Ord. 88-49 "Amending KPB Chapter 20.20 Regarding Subdivision Design Requirements by Enactment of a New Section 20.20.035 Providing Access Re- quirements for Proposed Subdivision of Land Iso- lated by the Alaska Railroad Right -of -Way From the State Highway System" (Mayor) ASSEMBLYMEMBER SKOGSTAD MOVED THE ENACTMENT OF ORD. 88-49. Mr'. Skogstad reported the Local Affairs Cmte. reviewed the )r- dinance, approving enactment following a public hearing which would be held on January 11 in Seward. Public hearing was opened. Mr. Obie Weeks, Chief Engineer of the Alaska Railroad Corpora- tion, stated he had been involved w;th railroad crossings for over 20 years. Enactment of Ord. 88-49 would be a step forward in resolving the issue of how deal with subdivisions developed on the "wrong side of the track". He provided a handout on .he railroad which describes how the railroad gets local entities in- volved in the process. Ee stated in July of 1987 a diagnos-ic team looked at the crossings between Nash Road and Bear Lake R,ad resulting in a proposal which would be carried out through deci- sions made jointly by the railroad and the borough working with the road service area. He stated the road crossing would be paved using modular crossing pads for a minimum requirement for main.enance. He stated a representative of the railroad would also attend the hearing on .January '_1. In answer to questions from the assembly, he stated specs for crossings would be the same as for DOT and Anchorage. The p'.an is to put sufficient construction cost into them to reduce main- tenance cost later on, in the neighborhood of $20,000. The po- cedure for permitting this crossing was different from those in Anchorage due to road powers. Atty. Reeves pointed out the ordinance deals with the problems of peop'e who want to subdivide and don't currently have access. It does not deal with existing crossings that are not permit,ed. which will necessitate a further ordinance. ASSEMBLYMEMBER CRAWFORD MOVED TO POSTPONE UNTIL JANUARY 17, 1989 WITH PUBLIC HEARING EXTENDED UNTIL THAT DATE. MOTION WAS AP- PROVED BY UNANIMOUS CONSENT. (b) Ord. 88-50 "Approving an amendment to a Lease Agreement Between the Kenai Peninsula Borough and Pacific Alaska LNG Company" (Mayor) ASSEMBLYMEMBER GLICK MOVED THE ENACTMENT OF ORD. 88-50. Mr. Skogstad reported members of the Local Affairs Cmte. had some unanswered questions which prevented them making a recommenda- tion. Public hearing was opened and as no one wished to be heard, was closed. 3 KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF JAN 3, 1 9 Pres. Sewall noted the original 'lease was executed Dec. 12, containing certain requirements for scheduled development never took place. He asked if the company was in vi.olati: the agreement. Also he noted there was no time frame in the rent agreement other than a reference to phases. Mayor Gilman reported it was a lease between Pacific :LNG and r.... State of Alaska for 55 years and fairly open ended. It is E 23 ac. tract with access to the bluff, surrounded by privately ov,ied land. He deferred to representatives of Pacific LNG which ar-- ri-ved at that moment. Mr. William Cole, President of Pacific LNG, stated the lease con-- tained a plan of development which provided for construction c,- a LNG liquefaction facility and terminal. It was estimated con- struction would commence by April 1975 subject to acquisitior of. the necessary permits. However, problems and delays ensued and the California PUC has directed them to divest themselves of all holdings. Permits obtained have been revoked. He hoped tt,ey would be able to find a buver for the lease with the ordinEi,.ce which deletes the stipulation regarding an LNG plant and insE:_-t- ing a condition which would have all three parcels (two of the..rs and one under lease) treated the same and meeting the 80 ac. r:,. imum for an industrial project. Mayor Gilman supported *he combining of the property stat_ng whoever purchases the site and the lease must use it as one E..te or the lease is no longer in effect. Questioned as to the pos- sibility of a future hazardous waste site located there, r.he mayor stated it could not be ruled out. Hazardous waste _.n- c.neration is a possib_-_ty although to his knowledge that �,as not being considered. A concern regarding length of time -.he land could remain idle was expressed and he stated removal of he stipulation improves the chances of its being developed as :,)me type of an industrial s_te. Mr. McLane stated the borough could get the property back and end up with a landlocked parcel with no dedicated access to the high- way. He believed the combining of the parcel with others owned by Pacific LNG for sale was in the best interest of both the com- pany and the borough. Mr. Crawford asked if the leaseholder paid property taxes anc it was determined tax on the lease as well as the $13,000 lease 1ay- ment was worth approximately $17,000 per year to the borough. Pres. Sewall passed the gavel in order to comment he would 3 '.ke to see inserted a stipulation that the lease agreement would be reassessed as others are (every 5 years rather than continue -:he 25 year value) and a reversionary clause if there is no deve]op-- ment within a reasonable length of time, perhaps 5 years. He suggested postponement in order to get these stipulations n- cluded might be wise. Vice Pres. N.cGahan returned the gavel. Mr. O'Connell believed a better return could be obtained on .he parcel from a new lease with 6% of current appraised value rather than the 1979 value. He stated the borough had a window of op- portunity in which to increase the rate. ASSEMBLYMEMBER O'CONNELL MOVED TO POSTPONE ORD. 88--50. Mr. Nash believed more value would be received from an industriai plant through employment and support services than would be received through an increased lease payment. He also advi:3ed against inserting a reversionary clause. Mr. Hodgins spoke against the motion believing the chances of development were better when combined with the other parcels. KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF JAN 3, 19$9 ASSEMBLYMEMBER MC GAHAN MOVED TO AMEND THE POSTPONEMENT TO JANUARY 17 AND THERE WAS NO OBJECTION. THE MOTION TO POSTPONE FAILED BY A VOTE OF 5 YES TO 9 NO: YES: Skogstad, O'Connell., McGahan, Brown, Keene NO: Poindexter, Hodgins, Moock, McLane, Crawford, Glick, Sewall, Nash, Carey AFTER FURTHER DISCUSSION ORD. 88-50 WAS ENACTED BY A VOTE OF 10 YES TO 4 NO: YES: Poindexter, Hodgins, Moock, McLane, Crawford, Glick, Sewall, McGahan, Nash, Carey NO: Skogstad, O'Connell, Brown, Keene Pres. Sewall called a 12 minute recess. Mr. Poindexter noted there were a number of residents of Ancl.or Point present to address Ord. 88-53. ASSEMBLYMEMBER POINDEXTER MOVED TO SUSPEND THE RULES IN ORDER TO MOVE ORD. 88-53 UP ON THE AGENDA AND THERE WAS NO OBJECTION. (e)Ord. 88-53 "Establishing an Advisory Planning CommisE.-or, in the Community of Anchor Point" (Mayor) ASSEMBLYMEMBER GLICK MOVED THE ENACTMENT_ OF ORD. 88-53. Public hearing was opened. Carolyn Roderick, Anchor Point, stated her support for the or- dinance having noted a lack of communication with the borough on issues in the community. She believed existing organizations have not had the impact a legal entity such as this would have. Emmitt Trimble, Anchor Point, stated his support for the ur- dinance and reported the recent formation of a chamber of com- merce to address some of the needs of the business community. There remain members of the community and interests not repre- sented that this quasi -governmental organization would provide a voice. Issues foreseen are possible rerouting of the Sterl-ng Hwy., planning in the recreation area, and economic developmer-. Jane Symens, Anchor Point, current secretary of the Anchor Pc.nt, Community Assoc., established in 1953. She stated over the years there has been frustration in trying to get things accomplished. She stated her support of the ordnance and any board which is appointed. Gerald Symens, Anchor Point, stated his support for the comn.s- sion, stating Anchor Point: is an area popular with tourists wl .ch they would like to encourage by increasing facilities and attzac- tions. Public hearing was closed. ORD. 88-53 WAS ENACTED BY UNANIMOUS CONSENT. (c) Ord. 88-51 "Amending the Purchasing Code to Allow the Assembly to Select Consultants Without Formal Comper_i- tive Procedures" (Nash) ASSEMBLYMEMBER NASH MOVED THE ENACTMENT OF ORD. 88-51. Mr. Crawford reported Finance Cmte. recommended passage. 5 KENAI PENINSULA BOROUGH ASSEMBLY R GULAR MEETING OF JAN 3, 193 Mr. McLane reported the Public Works/Education Cmte. recommen ed passage with an amendment adding a sentence to limit services -b- tained per this ordinance to be limited to 6 months. Public hearing was opened. John Kistler, Soldotna, stated his objection to the ordinance as that voters elect the assembly to represent them. Any consultant would be representing his interests and views. He felt such in- formation could better be obtained through questionare to the public for its opinion. fie supported the amendment but felt -he time could be shortened further. Public hearing was closed. Mr. Nash stated the catalyst for the ordinance was the work of the Assembly/Planning Commission Task Force to redraft a c)n- stitutional ordinance to replace the existing noxious and hazard- ous use ordinance. He stated they do not have the expertise to identify all the portions of the ordinance. Discussion of _he lease just approved raised additional questions and pointed up the problem. He did not think less than 4-6 months would be s f- fi.cient. The purchasing ordinance was to protect individlal staff members who are in the position of signing off on procuring materials or equipment to insure relatives are not benefiting. Mrs. McGahan stated her first inclination was against the ilea but she then saw it as a tool which could be used by the assembly if found necessary. Some time in the future it might prove u e- fnl. ASSEMBLYMEMBER MC LANE MOVED TO AMEND ORD. 88-51 BY ADDING TO IHE END OF SEC. 5.28.700, "Consultant services secured under t-.is sect -on may not exceed a term of 6 months." THE AMENDMENT PASSED BY UNANIMOUS CONSENT. In response to questions from Mr. O'Connell, the Mayor stated there is a provision whereby a purchase from a particular company is required, the procurer can write a sole source finding which bypasses the bid procedure. Several times this year compati„le equipment or maintenance contract from a particular company aas required. It is used sparingly, but also temporary employees -an be hired for a 6 month period. Atty. Boedeker stated the ordinance gives the assembly -he authority to except itself from requirements of the purchasing code by adopting a resolu*ion in each case. It would state pto- cedures and would be broader than the Mayor's authority to waive formal procedures, but is also confined by the need of a resc'u- tion. It would not allow an emergency procedure such as he Mayor's does. ORD. 88-51 WAS ENACTED AS AMENDED BY A VOTE OF 12 YES, 1 (O'Connell) NO. (d) Ord. 88-52 "Authorizing the Sale of Tract C of Bel-ga Terrace Addition No. 1 to ARCo for the Purpose of Es- tablishing a Consolidated Drill Mud Waste Disposal Site in the Beluga Area" (Mayor) ASSEMBLYMEMBER GLICK MOVED THE ENACTMENT OF ORD. 88-52. Public hearing was opened and as no one wished to speak, as closed. Mr. Nash expressed his frustration in wanting to vote against the ordinance while feeling he must support the commitment made under the initial piece of property that is being traded for this cne. There seems to be no basis for objection and federal and state permits have been issued. Mr. O'Connell referred to Section 2 relating to the hold harmless clause, asking if it concerns the title only or reaches the gin- vironmental condition of the property. Atty. Boedeker stated -:he sentence should be reworded. ASSEMBLYMEMBER MOOCK MOVED TO AMEND THE SECTION BY INSERTING Fo,-- LOWING "warranty deed", "to ARCo which shall contain a clause that ARCo will hold the borough harmless from liability aris__:ig out of ARCo's use of the property." AS SUGGESTED BY ATTY. BOEDEKER. MOTION WAS APPROVED BY UNANIMOI'lJS CONSENT. Mrs. McGahan stated her concern remains as to the close proxim.-ty of Cook Inlet and possible effect on marine life. ASSEMBLYMEMBER POINDEXTER MOVED TO AMEND BY STRIKING FROM "-'HE TITLE THE WORDS, "FOR THE PURPOSE OF ESTABLISHING A CONSOLIDA',ED DRILL MUD WASTE DISPOSAL SITE". Mr. Poindexter did not believe it was necessary to include '.he proposed use for the tract in the resolution. Mr, Nash stated he preferred to be "upfront" about the transac- tion and make clear to everyone concerned what its use will be. He acted there has been no show of concern with publication of the title as it stands. THE AMENDMENT FAILED BY A VOTE OF 4 YES TO 9 NO: YES: Poindexter, Glick, McGahan, Brown NO: Skogstad, Hodgins, Moock, McLane, O'Connell, Crawford, Sewall, Keene, Nash Mr. O'Connell recognized the real need for a disposal site in that area but thought there was a great potential for futi_re problems when that side of the Inlet is developed. ORD. 88-52 WAS ENACTED AS AMENDED BY A VOTE OF 9 YES, 4 NO YES: Poindexter, Hodgins, Moock, McLane, Crawford, Glick, Sewa.1, Brown, Nash NO: Skogstad, O'Connell, McGahan, Keene K. INTRODUCTION OF ORDINANCES (a) Ord. 89-6 "Authorizing the Appropriation from the Fund Balance of the General Funds Account to the Sterling Special Waste Site Account for the Closure of Sterling Special Waste Site" (Mayor) ASSEMBLYMEMBER GLICK MOVED TO SET ORD. 89-6 FOR HEARING FEBRUARY 7, 1989. Mr. Crawford reported Finance Cmte. had a do pass recommendation with the deletion of Section 5 following public hearing. Mr. McLane reported Public Works/Ed Cmte. did not feel the spe3d- ing restriction in Section 5 would limit additional funding for more monitoring and study of the ground water hydrology, etc. if that were deemed necessary. Public hearing was opened. Mary Sisson, Soldotna, stated she addressed the committees on ier concern Section 5 placed a cap on spending of $150,000 which she did not believe to be adequate. She reported speaking with DNR's hydrologist geologist who had real concerns with the special waste site. He drew up a plan for a study for the site last year 7 KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF JAN 3, 1°89 but they were unable to get it funded. She stated a study to determine where the contamination went, where the plumes are, ind where good water can be found. Mayor Gilman stated Section 5 could be deleted, he was merely trying to set an amount he thought it would cost for monitor-ng wells, not to place a can. He noted the real restrictions are tried to the purse strings. With the deletion of Section 5, any contract would have to come back to the assembly. Mr. Nash reported in committee it was stated the Mayor has con- tacted the state hydrologist who drew up the plan, and he will be working on a limited basis with administration to solve the problem. Mr. McLane believed the majority of the public would like r.he Mayor to have the authority to proceed with whatever is deter- mined will be beneficial. ORD. 89-6 WAS SET FOR HEARING BY UNANIMOUS CONSENT. L. CONSIDERATION OF RESOLUTIONS M. PENDING LEGISLATION (This item lists legislation which will be address}ed at a later time as noted) (a) Ord. 88-27(Revised) "Amending KPB Title 21 to Add a New Chapter 200 Pertaining to the Burial, Dumping, Transporting, Storage, Incineration, or Other Disposal of Potentially Harmful, Toxic or Hazardous Waste Materials, and Amending KPB 10.10 Pertaining to the Waste Disposal Commis- sion" (Nash) Referred to Plan. Cmsn./Assm. T.F. (b) Ord. 88-42 & (Sbst) "Enacting Code Provisions to Allow Community Councils to Be Established" (McGahan) TABLED 11/15/88 N. FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON SUBJECTS NOT ON THE MEETING AGENDA 0. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS John Kistler, Soldotna, thanked Mr. Nash for his explanatior of Ord. 88-51, although he maintained his objection to it. He presented the assembly with copies of information he had put together while researching the borough and school distr..ct budgets regarding spending habits of the borough. He notec i-; reflected the work of 3 years as to population, school enrclI -- ment, and costs. He asked the assembly to keep it in mind v,,.en considering this year's budgets. P. MAYOR'S REPORT (a) Confirmation of Mayor's Administrative Officer Pres. Sewall read from the memo designating Ross A. Kinney as the person to act on behalf of the Borough Mayor in his absence or incapacity, pursuant to AS 29.20.260 and KPB 2.04.030. ASSEMBLYMEMBER GLICK MOVED TO CONFIRM ROSS A. KINNEY ADMINIS"'RA- TIVE OFFICER TO ACT AS OUTLINED IN MEMO 89-8. THE MOTION WAS AP- PROVED WITH UNANIMOUS CONSENT. Atty. Boedeker confirmed that this action does not change he statutory line of authority except in short term situations. 8 KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF JAN 3, 12A) (b) Memo, acoustical ceiling, Hope School Mayor Gilman reported the contract was within the limitation to award without a resolution. The work is completed and will oe inspected by Public Works tomorrow. The work was paid for f.om bond monies. The floor was faulty and the contractor will :.- place it at no cost. Mr. Brown added acoustical material was not included in '.pie design criteria but when the problem was recognized money was :yet aside for the addition of tile which the architect worked w th the borough to prepare for contract. This material will be n- cluded in future design criteria for gymnasiums. (c) Letter RE: Anchor Point Advisory Planning Cmsn. Mayor Gilman reported the Commission approved by Ord. 88-53 wo,,d be appointed from letters of application received. (d) AML Conference of Mayors Mayor Gilman reported Governor Cowper will be the guest spea:rer at a no host luncheon at the King Oscar on January 13 to which the assembly is invited during the Conference of Mayors be._nq held in Kenai. Q. OTHER BUSINESS (a) Request Waiver of Penalty and Interest ASSEMBLYMEMBER CRAWFORD MOVED TO GRANT THE REQUEST FROM RUBY L. KNUTSEN FOR WAIVER OF PENALTY AND INTEREST. ON A VOTE OF 3 "ES TO 10 NO, THE MOTION WAS DEFEATED. YES: Poindexter, McGahan, Brown. NO: Skogstad, Hodgins, Moock, McLane, O'Connell, Crawford, Glick, Sewall, Keene, Nash (b) Motion to move to Executive Session Pres. Sewall stated he had asked that this item be placed on .he agenda on advice of the Borough Attorney who reported there wore items of litigation that he needed to discuss with the assembly in order to make certain decisions, but which for financ.al reasons he could not discuss publicly. ASSEMBLYMEMBER GLICK MOVED THE ASSEMBLY ADJOURN TO EXECUTIVE SS- SION IN ORDER TO DISCUSS ITEMS THE KNOWLEDGE OF WHICH COULD AD- VERSELY AFFECT THE FINANCES OF THE BOROUGH. Mrs. McGahan stated she would not vote for an executive session which she believed the borough assembly had never had, because of her personal conviction that all of the public's business shoild be handled in public. ASSEMBLYMEMBER O'CONNELL MOVED TO ADJOURN THE MEETING. WITHOUT DEBATE THE VOTE WAS CALLED AND MOTION DEFEATED BY A VOTE OF 5 YES TO 8 NO: YES: McLane, O'Connell, Crawford, McGahan, Keene NO: Skogstad, Poindexter, Hodgins, Moock, Glick, Sewall, Brows, Nash THE GLICK MOTION, REQUIRING 9 AFFIRMATIVE VOTES WAS DEFEATED BY A VOTE OF 8 YES TO 5 NO: YES: Skogstad, Poindexter, Hodgins, Moock, Glick, Sewall, Brow -- Nash 9 KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF JAN 3, 1989 NO: McLane, O'Connell, Crawford, McGahan, Keene In discussion of the defeated motion, Mr. O'Connell stated he voted against it because of the lateness of the hour, it being past 11 p.m. He stated he would prefer to see it occur earlier in the meeting. Several assemblymembers expressed regret for the defeat of the motion and Mrs. McGahan stated she did not wish to influence the action of others but she could not vote for an executive session nor would she participate in one if it was approved. She statec' whenever she felt she needed additional information on any mattes she could visit the attorney's office to be briefed. ASSEMBLYMEMBER O'CONNELL MOVED TO RECESS THE MEETING UNTIL JANUAR.Y 17 AT 4:30 P.M. WHEN THE MOTION TO MOVE TO EXECUTIVE SES SION COULD BE MADE. He stated once the session was held, the January 3 meeting cou L'. be adjourned and the regular meeting of January 17 begin at. th,, regular time (7:30 p.m.). THE O'CONNELL MOTION WAS APPROVED BY A VOTE OF 9 YES TO 4 NO AS FOLLOWS: YES: Skogstad, Poindexter, Moock, McLane, O'Connell, Crawford, Glick, Brown, Keene NO: Hodgins, Sewall, McGahan, Nash R. ASSEMBLY AND MAYOR'S COMMENTS There were no comment:, as the meeting adjourned prior to this item. S. INFORMATIONAL MATERIALS AND REPORTS T. NOTICE OF NEXT MEETING AND ADJOURNMENT Pres. Sewall stated this meeting was recessed until January 1'. 1989 at 4:30 p.m. Following adjournment the assembly would con- vene for a worksession on health insurance costs at 6:30 p.m. an regular meeting following at 7:30 p.m. 'This meeting recessed at 11:45 p.m. ATTEST: z 'Borough Clerk Date approved January- l7, 1989 nathan W. Sewall, Assembly President 10 KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF JAN 3, 1989 NO: McLane, O'Connell, Crawford, McGahan, Keene R. ASSEMBLY AND MAYOR'S COMMENTS In discussion of the defeated motion, Mr. O'Connell stated he voted against it because of the lateness of the hour, it being past 11 P.M. He stated he would prefer to see it occur earlier in the meeting. Several assemblymembers expressed regret for the defeat of `he motion and Mrs. McGahan stated she did not wish to influence the action of others but she could not vote for an executive session nor would she participate in one if it was approved. She stated whenever she felt she needed additional information on any matter she could visit the attorney's office to be briefed. ASSEMBLYMEMBER O'CONNELL MOVED TO RECESS THE MEETING UNIIL JANUARY 17 AT 4:30 P.M. WHEN THE MOTION TO MOVE TO EXECUTIVE SES- SION COULD BE MADE. He stated once the session was held, the January 3 meeting could be adjourned and the regular meeting of January 17 begin at the regular time (7:30 p.m.). THE O'CONNELL MOTION WAS APPROVED BY A VOTE OF 9 YES TO 4 NO AS FOLLOWS: YES: Skogstad, Poindexter, Moock, McLane, O'Connell, Crawford, Glick, Brown, Keene NO: Hodgins, Sewall, McGahan, Nash S. INFORMATIONAL MATERIALS AND REPORTS T. NOTICE 0-- NEXT MEETING AND ADJOURNMENT Pres. Sewall announced this meeting recessed until January 17, 1989 at 4:30 p.m. Following adjournment of that session, the as- sembly would convene for a worksession on health insurance costs at 6:30 p.m. followed by the regular meeting at 7:30 p.m. Tt.is meeting recessed at 11:45 p.m. Date approved January 17, 1989 _ l�U _ athan W. Sewall, Assembl President ATTEST: orough Clerk �����13� i$T: LICATION AND ,G�ZTIFA- 0 1NERi. City of Kena FEBN �L 1 YeMKow (CON IRACIOR): ` G & S Cons tructiorlov6-Z 37Lx r DR PAYMENT A/A nn(-t WIFE „- i;7tlr- t , : i 4I(II/ tl()Yl� 111L Li,NL VI I ROJLCF: Airport Terminal Remodel APPLICATION NO: Distribution I p ❑ OWNER ' PERIOD TO. ❑ ARCHITEC- i ❑ CONTRACT VIA (ARCHII F Cl) '" V ARCHITECT'S ❑ William Kluge PROJECT NO: 8352 ❑ CONTRACT FOR: Kenai Airport Terminal Remodel �` +��r CONTRACT DATE: 12-14-88 is made below, in CONTRACTOR'S APPLICATION FOR PAYMENT Colnt nuation lication Sheet,fAIA Document G703or 11,tyrnent, as ,1is attachedconnection with the Contr. CHANGE ORDER SUMMARY Change Orders approved in previous months by Owner TOTAL ADDITIONS DEDUCTIONS Approved this Month XK x Number Date Approved TOTALS -y�---- P Net than e by Change Orders The undersigned Contractor certifies that to the best of the Contractor's knowledge, information and holier the Work covered by this Applic anon for Piv1,3ent has beer: completed in accordance with the Contract DO(WIM11t , that all amounts have been paid by the Contractor for Work for which provide,, Certificates for Payment were issued and payments received from the Owner, and that current payment shown herein is now due_ 0 1. ORIGINAL CONTRACT SUM ....................... $ 697,700.00 2. Net change by Change Orders ..................... $ — o - 3. CONTRACT SUM TO DATE (Line 1 -_ 2) .............. $ 10�1 100." y 4. TOTAL COMPLETED & STORED TO DATE............ $ ZB+S�Z (Column G on G704) S. RETAINAGE: a. kQ % of Completed Work $ (Column D + E on G703) b. _ "/o of Stored Material $ (Column F on G703) Total Retainage (I-ine 5a -i 5b or ao Total in Column I of C,701) ..................... $ -e `�3 S 1. 6. TOTAL EARNED LESS RETAINAGE . ................. $ (Line 4 less tine 5 Total) 7- tFSS PREVIOUS CERTIFICATES FOR PAYMENT (1 ine 6 from prior Certificate; . ...... $ O 8. CURRENT PAYMENT DUE .......................... $- 9. BALANCE TO FINISH PLUS RETAINAGE ............. $ toc.9, 139, — (Line 3 less Line 6) CONTRACTOR: G & ,e, Construction State of: County of: R. Daniel Green owner Subscribed and sworn to before me this day of ,19 Notary Public: By '� _ — Date: Z- \� -S�_ — My Commission expires: AMOUNT CERTIFIED.............� ARCHITECT'S CERTIFICATE FOR PAYMENT .................... $ • �=�--�- (Attach explanation if amount certified differs from the amount applied for.) In accordance with the Contract Documents, based on on -site observations and the ARCHIy�Cj: Willi dm _ Kluge data comprising the above application, the Architect certifies to the Owner that to the best of the Architect's knowledge, information and belief the Work has progressed as BY: �C �. Date: 4- ' /;1" �// indicated, the quality of the Work is in accordance with the Contract Documents, and This Certificate is not-tfegotiable. The AMOUNT CERTIFIED is payable only to th the Contractor is entitled to payment of the AMOUNT CERTIFIED. Contractor named herein. Issuance, payment and acceptance of payment are witho, prejudice to any rights of the Owner or Contractor under this Contract. AIA DOCUMENT G702 • APPLICATION AND CERTIFICATE FOR PAYMFN 1 •MAY 1981 FD1 TION • At,- • 't 1983 TV- MERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVLNUF, NAV, WAtiHINWUr C. 2(XX)6 G702-198 rage Daily News„�$'jbursday qnc Y� . ; I ' " Ca ale •.Yip+E.T.A ...... � tops : 143 miiflon�. The, Assodlated Press .; shows the number of cus- State 1 t Wedn t th th t ' ANCHORAGE ;CABLE ,PRICE INCREASES Sales rice more than uadru led since -1984 Year Total ails price No- iubscrlbers Price per subscriber 1984 $32 rtdNion 34.400 $1,103 'J0(*' ' 1985 $78 miM m 129,000 $2,287 . 1988 $143 M Mion %e,948 3,870 regu a ors es omers m e ree sys ems �, ., ,��4.,ti, ,.,. ► v,, day released a copy of the is far below the 36,946 sub- contractdetailing "a '' -Texas scribers claimed by Sonic 41,000 customers, although rate for at lea staA ariafter cable TV company's pending Cable last October. ;�P `►� - the number under the con # ` the purchase. purchase'' of Sonic 'Cable Prime Cable and Sonic's tract will be slightly lower# -,, " Television of Alaska for $143 owner, Chris Cohan of Wal- ,.because subscribers on two """'' bison said ?rime, Ca- _ nut Creek Calif. announced Anchorage military b e � the resou #o com- 4 milli%n. ;�: ' ' ' �` � ary bases re- late the `"" TAme Cable of Austin, the agreement in October, ceive fewer channels and "''� expansion t ,the g Anchorage system that „'ties Texas, will pay a $1 million but offered no financial de pay a lower monthly fei,' � 4etit jsioned , when y oniG bonus on top of the agreed- tails. ...,"said Marty Robinson, Sonic4 bought the company it►; 886. on price if cash flows from The utilities commission '`,Cable's general manager: + The new company hasilldi tb 4nchorage. Kenai and : must decide whether Prime ' The $143 million rice is p dited it will spend $20 mil- B� al systems exceed ex- Cable js financially able to ores than 12 times the eomf �� over the next fib years ) peerations in the first year x'1ake ''`over the cable �, y s annual cash flow: 'tb ,.rebuild old lines d "tot after the . sale takes effect, 'i operations in Alaska. ' The ` k' Sonic Cable raised its ba l ' d Anchorage sage' the document released by commission will accept com sic rate in Anchorage ;to'ti d. the Alaska Public Utilities ments on the proposed sale $24.25 a month is Jan ., y "eif'd rime abl eat Y Commission shows. Y until March 24. " ° �- ., p from ' $ Informed'" -,'The P ' • _ .. - Sonict' Cable "and Bethel informed" Bate ' tihe prise could drop to ^ , • ,, $136 _ million if an "audit Cablevision have"' about it will .tlI�L3�w...t1.,.rpieew...rw;fi..,,;:u.�fi�s'iku:'rmani�{L7�Cit".�'....R'.�R;dd�lll�:�Iw-.tL�Sr4 l"ii•li ^ TELEPHONE (907) 586-1325-1325 217 SECOND STREET, SUITE 200 FAX 463-5480 JUNEAU, ALASKA 99801 Legislative Bulle-ti n February-.214.1989.. Legfidive Bulletin # 16.7 State Aid to Municipalities Funding Package HB 4 - Deadline for funding education. The House Finance passed out a substitute, CS HB 4 (Fin.) with individual recommendations (6 do pass; 1 do not pass - Wallis; 2 no rec - Lyman, Larson) on 223. Those speaking against the bill were concerned with making a commitment they might not be able to honor. Even if they did pass a bill with an early appropriation for over 25 percent of the budget, it might not be meaningful. A low level of funding might be included only to be amended when the rest of the budget was more defined, thus making the early appropriation meaningless. The CS establishes April 7, rather than March 14, as the deadline for appropriations for al the education support programs, including school construction debt retirement, to give the legislators more complete budget information because the March forecast will be out by then. Under its provisions, borough school districts would have until April 30 to submit their budgets. Referred to Rules. AML Position: Support, with provisions noted in Legislative Bulletin 1.6-5. SB 183 - Appropriation for school debt retirement. Introduced 2/17 by Fischer, Frank, and Kerttula, SB 183 would appropriate $112,465,693 for the school construction account for FY 90. This is presumably the currently accepted full -funding level for the school debt retirement program. Referred to HESS and Finance. AML Position: Support (Municipal Platform). School Construction Debt Reimbursement HB 37 - Insurance for school facilities and equipment; state aid for school construction. The AML Task Force on HB 37/SB 100 has continued to work on this priority legislation with members of the House HESS subcommittee on HB 37, chaired by Representative Mark Boyer. On Thursday, the Task Force presented the subcommittee with testimony that supported the concept of the bill and offered several comments and recommendations designed to improve HB 37. They included the following: o Regarding the interrelationship of municipalities and schools districts, the Task Force recommended that because AS 14.14.060 gives the borough the responsibility for site selection, final plan approval, and construction, the borough needs to be involved in the grant application, appeal, and grant execution process. It recommended that the process established under AS 14.11.010 be sued for the new grant program. o Regarding finance and Section 19, the Task Force recommended that the debt reimbursement and the construction grant program be funded from a single fund without subaccounts, except as may be needed to segregate state bond funds earmarked for construction from other funds that may be used for both debt reimbursement and construction. If there were insufficient funds in any year to fully fund life safety needs, then funds allocated to debt reimbursement would be reallocated to the life safety program needs until both programs suffered the same percentage of underfunding. MEMBER OF THE NATIONAL LEAGUE OF CITIES AND THE NATIONAL ASSOCIATION OF COUNTIES o Regarding criteria for project evaluation, the Task Force recommended that determination of the evaluation criteria to implement the bill should be left primarily to the regulations developed by the Department of Education. However, in two areas the Task Force believes there are important enough policy issues that language addressing them should be included in the bill or statute. These deal with 1) not including the number of students in the priority criteria and 2) directing the Department of Education to include the district rankings in their evaluation process to the extent possible. o Regarding the appeals process, the Task Force recommended that if approval of a DOE -approved grant application by the Board of Education is not automatic, the statute should spell out grounds for disapproval by the Board and provide a mechanism for review of that decision. Consideration should be given to eliminating the reconsideration step and going directly to review by the Commissioner, thus eliminating the hearing officer in the Board review step. o Regarding insurance, the Task Force recommended that the establishment of standards for deductible be left to regulation. It also recommended that the bill be changed to more clearly recognize that in some municipal school districts the municipality, rather than the school district, purchases insurance for school facilities and equipment. It also recommended that in establishing regulations DOE consider carefully the types of perils it requires to be covered. A requirement for an appeal to the State Board, of Education for determination of the adequacy of insurance coverage should be included in the statutes. o The Task Force also recommended that the proposed sunset date be removed so that the program can be allowed time to work. The bill is scheduled for another HESS subcommittee hearing on Monday, February 27. Increase in Minimum Entitlement SB 31 - Increase in minimum entitlement. Senate C&RA Committee passed out SB 31 with little discussion on 221, sending it to Finance where it presumably has little chance of passing out until the budget picture is more clear. Even then, the Page 2 probability of the bill with its $3.5 million additional fiscal note passing is very unlikely this year. The bill now goes to Finance. AML Position: Support (Municipal Platform). Removal of Municipal Liability Imposed by Busby Decision HB 116 - Removal of Busby liability. Bill had a hearing in the House Labor and Commerce Committee on 223. No action was taken, but the committee asked that members (probably Rep. Gruenberg) come back with ideas for a CS for another hearing on Thursday, March 2nd. The chances of getting HB 116 and complete immunity out of House L&C are very slim, and the possibility of getting something worse than "intentional misconduct" (as in SB 66) is possible. The committee members displayed a great amount of misunderstanding of the issues involved. They even discussed a standard of "simple negligence" for municipalities and the State and immunity for the individual police officer. Municipal officials should contact committee members (Donley, Chair, Gruenberg, Vice Chair, Boyer, C011ins, Leman, Spohnholz, and Boucher) and let them bear your concerns. Request complete immunity or at least the highest test (e.g., intentional misconduct) if they are intent on amending the bill as introduced to impose some conditional liability. AML Position: Support with complete immunity (Municipal Platform). SB 66 - Removal of Busby liability. CS SB 66 (Judiciary) scheduled for floor action on 224. AML Position: Support with provision of complete immunity but reluctantly support the Judiciary substitute in order to get it out of the Senate and get the best bill possible. (Municipal Platform). Exemption from Taxation of In -Place Resources SB 181 - Exemption from taxation of in -place resources. Introduced 2/17 by Senator Adams at the request of AML, this bill would put into effect a temporary two-year property tax exemption for in - place resources and call for a study of the impacts of and alternatives to a permanent exemption. Referred to C&RA, Resources, and Finance. AML Position: Support (Res. 89-21 and recent Board identification as a priority issue). AML Legislative Bulletin #16-7 February 24, 1989 New BOB rutroduced In the House HB 185 - Education funding adjustments for small and dual -site school districts. Introduced 2/17 by Wallis and Jacko, this bill would adjust the education foundation formula to increase the amount of state funds for small and dual -site school districts. It is identical to SB 179 (see Legislative Bulletin 16-6). Referred to HESS and Finance. AML Position: No position. HB 189 - Forward funding for education account. Introduced 221 by Ulmer, Brown, and MacLean, HB 189 calls for the creation of a forward funding for education account. Appropriations could be made to the account for specific future fiscal years. The companion appropriations bill, HB 190, calls for a portion of the proceeds from the Dinkum Sands and Amerada Hess cases to be deposited into the fund. Referred to HESS and Finance. AML Position: Support (89 PS II.A.4). HB 190 - Appropriation to forward funding for education account. Introduced 221 by Ulmer, Brown, and MacLean, HB 190 would appropriate a portion of the settlements in the Dinkum Sands and Amerada Hess cases to the forward funding for education account to be established by HB 189. The funds appropriated to the forward funding account would be designated for use in the second fiscal year following the year they were received Referred to HESS and Finance. AML Position: No position, except for the general support of the concept of forward funding for education in 89 PS II.A.4). HCR 18 - Joint Committee on School Performance. Introduced 221 by MacLean, Hudson, and Goll, HCR 18 would establish a joint committee on school performance to carry on the work of the Senate Special Committee on School Performance of the Fifteenth Legislature. Referred to HESS and Finance. AML Position: No position. AML Legislative Bulletin #16-7 February 24, 1989 HousOAd im HB 58 - Relating to fire protection. Judiciary Committee offered a substitute, CS HB 58 (Judiciary), on 220. The CS adds a section authorizing the Department of Public Safety to adopt alternative designs for warning placards for hazardous chemicals, materials, or wastes for use at an approved site outside a municipality. The bill was heald on the floor on 223, where it passed (38-0, with 1 excused and 1 absent). It now goes to the Senate. AML Position: No position. HB 160 - Neighborhood revitalization initiative. Labor and Commerce Committee offered a substitute, CS HB 160 (L&C), on 223. The CS deletes references to proceeds from bond issues as a means of funding the program and specifies that at least 90 percent of the money appropriated to the fund from the Railbelt Energy Fund must be expended in railbelt communities. Referred to Finance. AML Position: No position. HB 161 - Appropriation for neighborhood revitalization initiative. Labor and Commerce Committee offered a substitute, CS HB 161 (L&C), on 223. The CS changes the basis of funding for the program to an appropriation from the Railbelt Energy Fund. Referred to Finance. AML Position: No position. HJR 21 - Disapproving LBC recommendation for annexation of territory to Fairbanks North Star Borough. C&RA Committee passed resolution out of committee on 2/17. Vote was 3 pass; 1 do not pass (C. Davis); and 1 no recommendation (Pettyjohn). Bill passed out of Finance on 223. AML Position: No position. Senate Action SB 105 - Unification of municipalities. Senate C&RA COmmittee passed out this bill, which would amend the municipal unification process. There was little discussion. Referred to Rules. AML Position: No position. Page 3 Houma Committee Hearirrg�/Meetings Finance 1:30 p.m. Finance Room 519 HB 9 - Appropriation for ANWR lobbying Tuesday, Feb. 28 HB 106 - Hazardous waste reduction program Wednesday, March 1 HB 107 - Approp./ Hazardous waste reduction program Health. Education, and Social Services ' 8:30 a.m. Capitol Room 106 Subcommittee on HB 37 - Ins. for schools; state aid Monday, Feb. 27 for school construction HJR 13 - Education endowment Wednesday, March 1 HB 23 - PERS and TRS credit for part-time service Labor & Commerce 3:00 p.m Capitol Room 17 HB 116 - Removal of Busby liability Thursday, March 2 Resources 3:00 p.m. Capitol Room 124 HB 118 - Modification of ELF Monday, Feb. 27 HB 118 - Modification of ELF Tuesday, Feb. 28 Statewide teleconference - Public testimony Wednesday, March 1 on leaking underground storage tank and certification legislation HB 68 - Release of hazardous substances Thursday, March 2 Transportation 8:30 a.m. Capitol Room 17 HJR 11 - Reauthorization of the Clean Air Act Tuesday, Feb. 28 Fin. Subcomm. on Comm. & Regional Affairs 11:00 a.m. Finance Room 519 Hearings on Budget of Department of Community and Regional Affairs Div. of Municipal & Regional Assistance Local Government Assistance Community Assistance Grants Sr Citizen/Disabled Vets. Prop. Tax Relief Rural Development Muni. Revenue Sharing Page 4 Tuesday, Feb. 28 AML Legislative BuQetin #16-7 February 24, 1989 Div. of Rural Development Child Assistance JTPA Housing Assistance Div. of Rural Development Energy Programs Block Grants - CIP Thursday, March 2 Thursday, March 9 Fin. Subcomm. on Environmental Conservation Court Bld_g Rm. 603 Facility Construction and Operations 8:30 a.m. Monday, Feb. 27 Village Safe Water Solid Waste 1:30 p.m. Friday, March 3 Drinking Water Quality Oil & Hazardous Substances Monday, March 6 Toxic Substance Control Fin._ Subcomm. on Revenue 4:30 P.m. Court Bldg 603 Municipal Bond Bank Authority Monday, March 13 Senate Committee HearingrlMeetings Community & Regional Affairs 3:30 mm. Butrovich Room 205 SB 168 - Authorizing gambling enterprises in Thursday, March 2 municipalities and on state ferries SB 173 - Municipal election law revision SB 181 - Exemption of in -place resources from property taxation Finance 9:00 a.m. Finance Room 518 SB 153 - Supp. approp./fisheries tax refund Wed., March 1 SB 85 - Private activity bonds Health, Education, & Social Services 3:30 u.m. Butrovich Room 205 SB 183 - Approp./school coast. account Wednesday, March 1 Judiciary 1:30 p.m. Butrovich Room 205 SB 43 - Election law revision Thursday, March 2 Oil and Gas 9:00 a.m. Finance Room 518 Note change in location, this day only — House Finance Room 519 SB 97 - Modifying ELF Thursday, March 16 Statewide teleconference - listen only AML Legislative Bulletin #16-7 February 24, 1989 page 5 SB 97 - Modifying ELF Friday, March 17 Statewide teleconference - listen only SB 97 - Modifying ELF 11:00 - 3:00 Saturday, March 18 Statewide teleconference - public testimony Transportation 1:30 n.m. Beltz Room 211 SJR 20 - Dedication of funds from fuel taxes Tuesday, Feb. 28 Municipal News Budget Summit The Budget Summit group met on Thursday, 2/23. Much of the discussion was related to the Permanent Fund. The planned discussion of revenue raising measures was postponed The House and Senate members had no concrete for cuts and the Governor, who has offered to suggest agency cuts if the Legislature will suggest cuts in pass -through programs, indicated he is waiting for the Legislature to offer its cuts first. The Summit members agreed to let staff develop an agreement on what constitutes a "pass -through" program (Rep. Larson asked for a clarification, noting that there were programs such as Public Broadcasting that show up in agency budgets and might be considered pass-throughs in addition to the others identified by the Governor's staff in documents distributed earlier). Another meeting of the group is scheduled for March 6, after the Governor returns from a week in Washington, D.C. Updated Schedule for State Budget Workshops As reported in previous issues of the Legislative Bulletin, the House, Senate, and Governor's Office are holding a series of budget workshops around the State to hear from you, as Alaskan citizens and as local government officials, about how you would address the budget crisis facing Alaska. The updated schedule for the workshops is as follows: Page 6 Kotzebue February 27 Barrow February 28 Anchorage March 11 Unalaska March 11 Mat -Su Valley March 18 Nome March 25 Watch your local media for information about times and locations or contact your legislator. Mayors Suggest Revenue Measures The Alaska Conference of Mayors met in Juneau this week to review the results of its "Get Real' survey. The mayors approved a letter of concurrence (attached) which they presented to the Governor and to the House and Senate Finance Committees. The letter recommends several revenue -raising measures to help balance the state budget and is included in this Legislative Bulletin for your information. Calling All Clerks -- Clerks Workshop Plans Set Municipal clerks -- don't forget to register for this year's Alaska Municipal Clerks Institute, which promises to be a good one. In addition to working on a revision of the clerks handbook, participants in the Institute will hear about clerk/manager relations as well as a new economic development model being developed for the Fairbanks North Star Borough. Plans once again call for an exchange of information and food from around our state, and you will have a chance to see Alaskan clerks in their international film debut in "A Clerk's Worth," a video produced by the International Institute of Municipal Clerks. AML Legislative Bulletin #16-7 February 24, 1989 Registration for the Institute, which will be held at Sophie Station Hotel in Fairbanks March 12 through March 17, is $145 if postmarked before March 3; $160 for late registrations. Mail your registration today'.: If you have questions about the Institute, call Chrystal Smith at AML, 586-1325. Notice of Deadline for Annexation and Incorporation Petitions Cities, boroughs, and unified municipalities which are planning to seek annexations requiring review by the 1990 Legislature [AS 29.06.040(b)] are encouraged to submit petitions no later than June 1, 1989. This will help to ensure that the Department of Community and regional Affairs and the Local Boundary Commission have adequate opportunity to process petitions in time to allow possible recommendations on proposed annexations to be submitted to the 1990 Legislature. Residents of unincorporated areas contemplating a petition for the formation of a city or borough to counter plans to annex areas to existing cities or boroughs (and who wish to have the incorporation petition considered concurrently with an annexation petition) are also encouraged to submit petitions for incorporation by June 1, 1989. It is unlikely that annexation petitions received after the deadline will be processed in time for possible submission to the 1990 Legislature. It is also possible that incorporation petitions received after the deadline may not be processed concurrently with competing annexation petitions. Questions and requests for further information should be directed to Dan Bockhorst, Department of Community and Regional Affairs, 949 East 36th Avenue, Room 405, Anchorage, Alaska 99508, phone 561-8586. The Health of Health Care in Alaska Formed in September of 1987, the Governor's Interim Commission on Health Care, was charged with recommending "changes in laws, regulations, and policies necessary to: Reduce and/or contain the cost of health care in Alaska; and increase access to health care for Alaskans who lack the resources to AML Legislative Bulletin #16-7 Fehnauy 24, 1989 obtain adequate health care." As a result of 9 months of study and hearing the testimony of 176 people, the Commission released "'The Best of Care: The Challenge of Providing Health Care to Alaskans," a report offering 39 recommendations for improving the delivery of health care services to Alaskans. The commission determined that responsibility for an individual's health care begins with the individual, moves next to the family, then to the community (i.e. local government, volunteers, employers, charities, support groups, etc.), and finally to the State. As an example of a community based effort to provide primary and preventive health care to low-income Alaskans with no insurance, the report cites the day last year when dentists in the larger municipalities of the State provided dental care free of charge to those in need. One recommendation made for changes at the community level included local government involvement in the planning, funding, and administration of community efforts like this one. Another recommendation made by the Commission was to increase taxes on alcohol and tobacco products. The Commission reasoned that alcohol and tobacco use lead to serious health problems and increased health costs in Alaska. The consumption of these products is price -sensitive, particularly among teen -alters and other low-income people, and raising taxes on these products both discourages their use and raises revenues for government. While the State is unable to dedicate the revenues derived from these taxes for specific purposes, local governments who would institute such a tax could earmark the funds to increase their health services funding in direct proportion to the sale of the products with damaging effects on health. Wine and beer are not taxed at the same rate as spirits, and the only tobacco product currently taxed is cigarettes. The Commission estimated that $3.5 million could be raised annually statewide by increasing the tax on beer and wine, and up to another $1 million could be generated by taxing tobacco products other than cigarettes. A final recommendation that, if instituted, could mean good news for smaller communities would be the coordination of grants between the Older Alaskans Commission and the Department of Health and Social Services. Currently, the State has separate grant programs for different client groups: Page 7 seniors, veterans, developmentally disabled people. Usually smaller communities do not support a large enough population in any client group to sustain a program, but combined, there is a large enough need to do so. By streamlining and coordinating grant programs administered by these two agencies, local providers can bypass the multiple grant process and more readily obtain funding for a multi -purpose health care facility. Most of the 39 recommendations made by the Commission are changes that would take place at the state level, improving service equity and funding options for existing health care. The major policy recommendations were to expand OBRA 87 Medicaid options, expand Health Insurance plans for medically uninsured Alaskans, plan and implement a home- and community -based care service system, reduce the Pioneer's Homes reliance on State general funds, make the Medicaid Rate Commission Municipal Calendar an advisory body to the Department of Health and Social Services, revise the Certificate of Need statutes, revamp the State Health Plan with mandatory three-year revisions, and to appoint and fund a Liability Insurance Task Force to achieve liability insurance reform Commission members were Representative Mark. Boyer, Fairbanks; Judy Bush, Fairbanks; Mim Diazine, Fairbanks; Representative Johnny Ellis, Anchorage, Sister Barbara Haase, Ketchikan; Senator Willie Hensley, Kotzebue; Sharon Jean, Soldotna, Chair, Senator Lloyd Jones, Ketchikan; Norma Lundy, Anchorage; Commissioner Myra Munson, DHSS; and Tom Senter, M.D., Anchorage, Vice - Chair. Copies of the report can be obtained from the Department of Health and Social Services, P.O. Box H, Juneau, AK 99811 or by calling 465-3030. February 28 AML Legislative Steering Committee teleconference at 1:30 p.m March 4-8 National Association of Counties Legislative Conference, Washington, D.C. For more information, contact AML or NACo at 202-393-6226. March 7-8 "Preventive Maintenance Management." Hands-on course for those responsible for maintenance of facilities in Alaska, including a step-by-step approach for implementation of a successful preventive maintenance program. Sponsored by Alaska Pacific University. $395 per person; combined registration with March 9 course, $495 per person. For more information, call APU, Division of Continuing Education, 564-8292. March 9 "Construction Contract Claims." Information -packed seminar describing types of claims, their origin, how they should be documented, pricing out claims and damages, and practical techniques for avoiding claims. Sponsored by Alaska Pacific University. $195 per person; combined registration with March 7-8 course, $495 per person. For more information, call APU, Division of Continuing Education, 564-8292. 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 29 AML Legislative Committee Meeting, Westmark Hotel, Juneau, 8:00 - 5:00 p.m. For more information, contact AML at 586-1325. March 30 Alaska Conference of Mayors meeting, Westmark Hotel, Juneau. For more information, contact John Williams, ACoM President, at 283-7535, or call AML at 586-1325. AML Legislative Bulletin #16-7 Page 8 February 24, 1989 March 30-31 AML Board of Directors Meeting, Juneau. Meeting will start at 1:00 p.m. on Thursday, March 30, and continue through 5:00 p.m. on Friday, March 31. For more information, call AML March 31- Northwest Municipal Managers Conference, aboard the Alaska Marine Highway. For April 3 more information, contact Dave Palmerat 826-3275. April 3-4 A 9 A Spring Meeting and Training, Juneau. For more information, contact Chrystal Smith at AML April27 Alaska Conference of Mayors meeting, Baranof Hotel, Juneau. For more information, contact John Wiliiams,.ACoM President, at 283-7535, or call AML at 586-1325. May 3-6 Western Interstate Region, National Association of Counties, Annual Conference, Cascade County (Great Falls), Montana. For more information, contact NACo, 202-393-6226. NOTE: This is a good opportunity for Alaskan borough officials to learn more about WIR to prepare to host the next annual conference, which is scheduled for Anchorage in May 1990. May 21 - 25 International Institute of Municipal Clerks (IIMC) 43rd Annual Conference, Halifax, Nova Scotia. Registration, IIMC members, $275 until May 1, $305 after; non- members, $315 until May 1, $345 after. For more information, contact IIMC, 818- 795-6153. June 4-7 Government Finance Officers Association 83rd Annual Conference, Seattle. For more information, contact GFOA at 312-977-9700. Recce * Received at AMA The Governor's Interim Commission on Health Care, "The Best of Care: The Challenge of Providing Health Care to Alaskans," (September 1988). South East Regional Resource Center, Inc., "Single Site/Dual Site District Consortium Financial Study Report, (December 1988). Thomas L. Daniels and John W. Keller, The Small Town Planning Handbook, American Planning Association, (1988). Environmental Protection Agency, "Environmental Progress and Challenges: EPA's Update," (August 1988). National Civic League Press, National Civic Review. Regeneration and Evaluation, Volume 77, Number 5, (September -October 1988). International City Management Association, Management Information Service (MIS) Report, "Developing Exemplary Civilian -Military Relations," Volume 20, Number 12, (December 1988). These publications and many others are available from the AML Lending Library. A complete index of the collection will be available by summer and will be distributed to members. In the meantime, if you are interested in borrowing a publication, contact Kevin Smith at AML. For Sale The Matanuska-Susitna Borough is offering for public sale the following: 1 each, bolt -together, FDA -approved steel water tank, 64,786-gallon capacity. Tank is new and in factory crates. For complete specifications or additional information, contact Matanuska-Susitna Borough Purchasing Division, 745-9625. AML Legislative Bulkdn *16-7 February 24, 1989 Page 9 Job Openings City Administrator - City of Craig. Craig, Alaska (population 1,231) is recruiting for a city administrator. Budget $1.2 million; 20 employees; provides water, sewer, garbage, harbors, police, fire, streets. Active fishing and logging community. Requires 5 years of local government management and legislative experience (Alaska experience preferred) and bachelor's degree in related field Salary $45,000 - $55,000 plus benefits. Submit 6 copies of resume with references and salary requirements to Mayor Jim Sprague, P.O. Box 23, Craig, Alaska 99921 by April 1. Position may be filled earlier than April 1, submit early. Finance Director - City of Seward. Seward, Alaska (pop. 2,400, 8,000 seasonal; $12 million annual budget) seeks Finance Director. Requires degree in finance, accounting, or related field and local government budget, computer accounting, and systems management experience. 5 years experience in local government or related field desired. Responsible for budget preparation, risk management, insurance, investment, purchasing, and hospital/utility fund accounting. Salary: mid- $40,000s to mid-$50,000s, DOQ, plus benefits. Resume, 5 references, salary history, and salary requirements to City Manager, P.O. Box 167, Seward, AK 99664 by 3/15/89. Page 10 AML Legislative Bulletin #16-7 February 24, 1989 INCREASING LOCAL CONTRIBUTION TO THE OPERATION OF ALASKA'S SCHOOLS FY 85 - FY 88 STATEWIDE TOTALS (Prepared by the Alaska Municipal League) FY 85 FY 86 FY 87 FY 88 Federal $ 29,568,387 $ 46,701,897 $ 52,403,585 State' 515,310,886 523,792,705 448,082,869 Locale 146,588,520 159,412,282 174,281,217 Total Operating $691,467,793 $729,906,884 $678,414,458 Revenues Local Contribution as a Percentage of Total School District 21.2% 21.8% 25.8% Operating Budget 'State revenues include foundation support, pupil transportation, state tuition, and other state revenues. $ 48,282,952 456,956,602 177,863,909 $684,283,166 26.0% ZLocal revenues include city and borough tax appropriations, earnings on investments, services in -kind, and other local revenues. Source: Alaska Department of Education: 'Audited Revenues, FY 84 - FY 87' and 'Audited School District Data, Fiscal Year 1988.' Alaska Municipal League 2/24/89 STEVE COWPER GOVERNOR STATE OF ALASKA OFFICE OF THE GOVERNOR J C x E A II February 23, 1989 Dear Municipal League Member, Thank you for the opportunity to speak before the Alaska Municipal League recently in Juneau. I want ,to emphasize, or perhaps clarify, a point I made at our meeting about school debt retirement. I have long held the belief that Alaskans need to work harder to contain the costs of school debt retirement. The State is no longer in a position to incur the massive long-term debt built up between the late-1970s and the mid-1980s. I also believe that HB 37, introduced by Representative C.E. Swackhammer, in its present form will accomplish what Alaska needs to accomplish with regards to school debt retirement. Specifically, the bill: Contains future debt; Establishes a procedure to identify the most urgent construction needs statewide on a fair and impartial basis; and Provides an equitable funding method for school construction for both incorporated and unincorporated communities. It is my hope that Representative Swackhammer's bill will be approved by the Alaska Legislature substantially in its present form. My support for f unding of the 80 percent state entitlements is cont inge t u n enactment of this or similar legislation. Working oge her, 7-7 ensure that this happens. rel eve Cowper vernor ALASKA CONFERENCE OF MAYORS PRESIDENT 1989 John J. Williams Mayor City of Kenai 283-7539 VICE PRESIDENT Willie Goodwin Jr. Mayor City of Kotzebue 442-3401 SECRETARYITREASURER Harry E. Gieseler Mayor City of Seward 224-3331 MEMORANDUM TO: The Honorable The Honorable Members of the and The Honorable The Honorable Members of the 217 SECOND STREET. SUITE ;too JUNEAU. ALASKA 99801 586.1325 Fax 463-5480 February 23, 1989 Lyman Hoffman, Co -Chair, House Finance Committee Ron Larson, Co -Chair, House Finance Committee House Finance Committee Johne Binkley, Co -Chair, Senate Finance Committee Rick Uehling, Co -Chair, Senate Finance Committee Senate Finance Committee FROM: Alaska Conference of Mayors SUBJECT: Presentation before a Joint Session of the House and Senate Finance Committees of the State of Alaska by the Alaska Conference of Mayors. The Alaska Conference of Mayors is pleased to offer for your consideration the following programs that we hope will help to enhance revenue to the State, create a more stable situation within the government in future years, and help to promote a balanced budget within the very near future. In addition, some programs will help develop infrastructure and insure quality education for generations to come. The results presented comprise the efforts of the Mayors over the last three months as they have studied the issues and are the result of a statewide survey conducted during the last 21 days. Sources of information were obtained from the Office of the Governor, members of the legislature and their staff, the Departments of Revenue, Labor, and Commerce. We wish to thank all of those who responded with time, information, and assistance in helping to complete this work. Included in our response is a compilation of the data and results of the survey. The Alaska Conference of Mayors, during their regularly scheduled meeting February 23, 1989, concurred in the findings and have declared it to be their official position regarding these issues. Memorandum - House Finance Committee and Senate Finance Committee February 23, 1989 Page Two 1 .... Recommend that a management audit should be performed to indicate the appropriateness of state services and the most effective method of delivering them. 2....Modify the Economic Limit Factor according to House Bill No. 118 now before the First Session of the Sixteenth Legislature. 3.... Reinstate the State Income Tax allowing for maximum capture of revenue from non-resident employees working within the State. 4.... Increase the motor fuels tax from eight (8) cents to sixteen (16) cents a gallon with appropriate rebates for boating and off road fuel use as recommended by the Governor's Task Force on Transportation Facilities. 5.... EDUCATION SHORT-TERM Reinstate the state school tax at a rate -of $50.00 per year per Alaska wage earner. EDUCATION LONG-TERM Support of the Governor's proposal to identify a portion of the surplus earnings of the Permanent Fund to establish an account within the Permanent Fund which would totally fund the school funding formula. (Requires placement on the ballot.) 6....Use a portion of the surplus earnings account of the Permanent Fund to establish a Revolving Loan Fund with guaranteed pay back provisions for capital projects that benefit local governments and which will have a long-term economic development component. Local government shall assist in and have maximum input when establishing program criteria. 7.... Maintain the Railbelt Energy Fund for use in the railbelt area, with priority given to energy -related projects. In making these revenue enhancement recommendations, the Alaska Conference of Mayors requests that the Governor and the Legislature recognize the importance of municipalities to the health of the state, and the disproportionate cuts to state aid to municipalities since FY 1986. The Governor and the Legislature should address the budget imbalance this year wit n appro at r1w . tion of fair cuts and revenue measures. ohn J illiams frairy seler Presi t Secretary/Treasurer Alask Conference of Mayors Alaska Conference of Mayors TO DO LIST MARCH 1, 1989 KENAI CITY COUNCIL J. Ruotsala - Notify ABC pf non -objection to renewal of liquor license for UptowzLABackdoor & VIP), Pizza Hut �2. #9, Peninsula_ Oilers'.— — ---- J. Ruotsala - Prepare,/'�O for $250 to EDD for Alaska -Korean Confer nce representative. 3. J. Ruotsala - Notif7EDC that motion to approve budget will have to be r?/tdone. J. Ruotsala - No ify Comm/Comm chairmen that there must �5. be quorum for ay�y action. . L. Swarner, J/Ruotsala - Schedule teleconferences for 3-15-89 and �19-89, 6:30 PM with local legislators and Council. J. RuotsalA' - Check with AML, if they cannot pay for Fairbank trip (AAMC), take from Clerk travel budget. 7. K. Korns - Add to 89-90 budget - $1,675 for light at Lilac nd Cook; notify Ed Call of cost. 8. B. Brighton - Discuss with Fred Meyer, expansion of Seam Penneys and Castle Warehouse. 9. J. G�illiams - Contact Alaska Airlines about sign p omoting Kenai.