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1989-10-04 Council Packet
Kenai City Council Meeting Packet October 4, 1989 M "�' ' Ka1eAI t�`f11�'��IUIICI�. - REQUTA� ME�ING1 � � t OCTOBER 4,19111119 7.00 PM tjSCHEDULED PUSUC COMMENT`(10 MiAIS)•' a."1 .Bob a William$, Kenal Bicentennial Vfsfto4; . Convention Bureau -:Arctic Winter Giamea;Propderlli I 2 r. Powers Request' for Appraisal Update; on: �.:" .Tidelan'd SY` $1.•.is K gyp. %t' a..,.&.. *,� �'Sr:?� �ZPI)SUGHEARifVQSy i 1. OrdM►enca 133A9 y Ame ng Zoning Map ?11�vt 44; Section 34 Maguire,- 4 h a) Substitute' Ord- 1333-80. 2. Ordinance 1341.89 7 Increase Rev/Appn3 +;,T .- . Senior Clften.Center Representative - $1,102t , t 3. Rowlution 89.71 • Award Akport Restaurant & Bari `. • Schilling. r Public is invited to attend and participate. ,:tenet Ruo"Wa. CIVIC City Clerk E-/ AGENDA KENAI CITY COUNCIL - REGULAR MEETING SEPTEMBER 20, 1989 A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non -controversial by the Council and will be approved by one motion. There will be no separate discussion of these items unless a Council member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. B. SCHEDULED PUBLIC COMMENT (10 Minutes) C. PUBLIC HEARINGS 1. Ordinance 1338-89 - Increase Rev/Appns - Drug Enforcement Administration Forfeitures - $6,819.53 2. Ordinance 1339-89 - Decrease Rev/Appns - Runway & Taxiway C Overlay - $516,265 3. Ordinance 1340-89 - Amend Kenai Municipal Code, Title 23 - Personnel 4. Resolution 89-68 - Award Contract - Float Plane Basin Commercial Slips - Foster Const. - $44,240 a. Inspection Proposal - Float Plane Basin Commercial Slips - Wm. Nelson - $5,500 5. Resolution 89-69 - Transfer of Funds - Library - $2,472.77 6. Resolution 89-70 - Award Gift Shop Concession - Airport Terminal - Orca Gifts 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. Commissions/Committees E. MINUTES 1. *Regular Meeting, Sept. 6, 1989 F. CORRESPONDENCE 1. *Sen. Fischer - Seward Hwy Road Signs - Listing of Peninsula Cities G. OLD BUSINESS 1. Resource Development Council Membership H. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Requisitions Exceeding $1,000 3. *Ordinance 1341-89 - Increase Rev/Appns - Travel - Sr. Citizens Center Representative - $1,102 4. *Games of Chance & Skill - FOE Auxiliary #3525 5. Discussion - Bicentennial Visitors & Convention Bureau - Host to Arctic Winter Games 6. Approval - Election Judges, Oct. 3, 1989 Election 7. Discussion - Bids for Airport Terminal Concessions 8. Discussion - NBA Payoff of Note - Spur S/D - Roger Holl - $50,000 9. Discussion - Bicentennial Visitors & Convention Bureau - Goals & Objectives 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 K.ENAI CITY COUNCIL - REGULAR MEETING - MINUTES SEPTEMBER 20, 1989 - 7:00 PM KENAI CITY HALL MAYOR JOHN J. WILLIAMS PRESIDING 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, Art McComsey, Chris Monfor Absent: Ray Measles (excused) A-3 Agenda Approval Mayor Williams spoke. a. Add Larry Smith, City Dump, as item B-1. b. Letter from Uptown Restaurant distributed this date, to be added as item B-2. C. Letter from Peninsula Oilers, distributed this date, to be added under item D-8. d. Minutes for Planning & Zoning Comm. distributed this date, added under item D-7. e. Additional information distributed this date for item H-6. f. Item I-1, item k, distributed this date. There was concern last week that I had not mentioned plans earlier regarding the Dingall-Johnson Act. It was in the minutes. g. Item I-3 (Homer Electric vs City of Kenai) distributed this date. It is a minor victory. h. Item I-5 (Wagoner & Worsley, CIIAP) distributed this date. Council should review. i. Info 11, additional material distributed this date. I wanted Council to be aware of my request. MOTION: Councilman McComsey moved, seconded by Councilman Smalley, to approve the minutes as amended. \ . Motion passed by unanimous consent. A-4 Consent Agenda Councilwoman Swarner. Item E-1 (Minutes, 9-6-89), page 18, after I-7d - ADDED ITEM. What is this? Mayor Williams. I discussed this at that time. Clerk Ruotsala. The procedure in minutes preparation is to add anything discussed outside of the agenda items as an Added Item. MOTION: Councilwoman Swarner moved, seconded by Councilman McComsey, to approve the Consent Agenda as submitted. Motion passed by unanimous consent. B. SCHEDULED PUBLIC COMMENT B-1 Larry Smith - City Dump KENAI CITY COUNCIL SEPTEMBER 20, 1989 PAGE 2 Larry Smith, Cooper Landing, president of D-L Construction on K-Beach Rd. I have been operating since July 1, 1988. We are presently filling up the final trench at the City dump, it should close this winter. We understand we will close when it is full. It is 110 ft. wide on top, 25 ft. deep, 80 ft. wide at the bottom, 1000 ft. long. We started filling in July 1988. With the present amount of waste being brought in, by March or April 1990 it will be filled. 90 days after the final day, it has to be reseeded. I would like to see the land fill stay open for some time. It is a foregone conclusion it will close. There is talk about closing it and bringing all waste to Soldotna. It is an unnecessary burden on City and Nikiski residents. Some of the residents have already been impacted by the bins being brought in. Prior to the bins being pulled, there were 2,981 cars per month. When they were pulled, there were 3,521 per month. I have been talking to the Borough regarding keeping it open. I understand there may be some thoughts on behalf of the City that it may not be in the best interests of the City. I was on the Solid Waste Commission at the Borough. We decided on the Elephant Lake site. We established a very strong criteria, soil was a consideration. The waste problem in the Peninsula can only be settled with a central site. But that will not happen overnight. There is 38,500 tons of solid waste per year to be disposed of. I think the Borough should open another trench in Kenai and move towards a central site. Regarding the bonding proposition. That is confusing to me. They are vague on where the dollars will be spent. I called Anchorage this date. I believe the first step should be to charge at the land fill site. They have $5 flat fee for every car, large vehicles are $45 ton. In 14 months, we have 13,000 vehicles in there. At $5 each, it is over $166 per day. We have disposed of 19,000 tons of waste, $45 ton would be over $800,000. The Borough projects 38,000 tons of waste to be disposed of. $45 ton is $1.732 Million. The Borough has authorization to start charging for solid waste. We could be generating money. We had 500 tons of waste in 2 days from one company this summer. \` Mayor Williams. Does the Borough charge Peninsula Sanitation for use of the dump? Answer - no. Councilman Smalley. If the pit was expanded, would it go east? Mr. Smith. The existing one has to be closed, the new one would have to be east. Councilman McComsey. If people were charged to haul, recycling would become more popular. Mr. Smith. The figure I gave to you would change if we charged. People would not go to the waste site as often. The Borough would have to do some improvements. Councilman McComsey. People are bringing a lot of trees, etc. Would that be charged also? Mr. Smith. Everything, even car bodies. Under the existing permit, the Borough would have to segregate wood and burn once a year. I have tried to get the Borough to do this. Councilman McComsey. Can you remember Elephant Lake cost? Mr. Smith. The Borough was talking about $4 KENAI CITY COUNCIL SEPTEMBER 20, 1989 PAGE 3 Million for the road only. $6 Million for site development. About $10 Million total, includes a double liner. Councilman McComsey. According to representatives from the Borough, the Seward project would be $16 Million. Why not spend $10 Million and get it over with? Mr. Smith. They are talking about bringing waste to Soldotna. It would be cheaper to bale in Seward and truck bales to Soldotna. The bales compact 70%. Mayor Williams. It is ludicrous to haul trash 100 miles. Are you familiar with dates for pits and liners? Mr. Smith. I do not know. With the Waste Commission I dealt with DEC. They seem to have their own interpretation of rules. If the City were to feel it was in the best interest of the City to keep the Kenai dump open, it is too late with the present trench. We need to take action now before winter. If it is open beyond this year, we should try liners. It is the ideal place to try, it is a sand base. City Manager Brighton. Can a cat run on liners? Mr. Smith. No, in 1983 we built the Houston, AK dump. It was lined with 4 pits. We have to have a sand bed. We have to have the 2nd layer of sand to run equipment on. Mayor Williams. The City could open a trench of its own, open it to residents, charge and limit to only residents of the City. It would be profitable. Mr. Smith. Anchorage charges for pick-up. The City owns the refuse company. It can be done on at least a break-even basis. City Manager Brighton. One of the problems with this is, there are a lot of questions without answers. The primary goal of the Borough is to get the bond issue passed. Mr. Smith. I agree. At some time we will reach the point where it is too late. Elephant Lake is 4-5 years away. City Manager Brighton. There has been some information passed to the Borough that the City might be willing to talk about a land fill. There has been no interest shown. They say there will be the expense of \ monitoring the water table and liners wherever they go. Mr. Smith. A year ago the Waste Commission met with Kenai. There was concern regarding the land fill. Nothing has been done by the Borough. I suggest Kenai pass a resolution requesting the Borough review the land fill. Mayor Williams suggesting sending a letter. Councilwoman Monfor. I would urge voters not to approve the bond issue. There was no public input. We have 6,000 residents. I cannot believe we would be indebted for a mill rate and get nothing from it. I have not been against the dump. Residents never complained about it. City Manager Brighton. The Borough has solid waste responsibility. If they get a bond issue they will finance it. If they don't, they will have to get money from someplace else. Councilwoman Monfor. By not passing we are sending a message. City Manager Brighton. No matter how they do it, we will have to pay for it. KENAI CITY COUNCIL SEPTEMBER 20, 1989 PAGE 4 Councilwoman Monfor. Regarding a resolution. They may not want to talk to us. Solid waste is their problem, but what happens to it is our problem. Mayor Williams. Kenai is the biggest city in the Borough. Many times they do not pay attention to us. we have discussed double charges for some services. Perhaps some discussion could be started with Borough administration. Would someone from Council be willing to discuss? Councilwoman O'Reilly. I don't know how they could be without any plan. Council agreed to set a date after the election. B-2 Lou Schilling - Airport Bar & Restaurant Lou Schilling, Uptown Motel and Louie's Restaurant, Kenai. I am interested in the airport bar & restaurant. I am aware it has gone to bid 2 times. I have made a proposal that I can live with and make a profit. A sliding scale gives me a chance to recoup. It would take $50,000 for inventory. I am interested and could do a good job, I would put a standard back in the restaurant and bar that is better than it has been. This is top dollar I can offer. Councilman McComsey. Regarding the restaurant, would this be full dinners? Mr. Schilling. I'm not sure. Till we try we do not know. We could feed about 80 people. Councilwoman Monfor asked to hear from Airport Manager Ernst and Atty. Rogers. Mayor Williams. In reviewing, we have had 2 requests for bids with no takers. There may be others interested in making a proposal. He suggested preparing a resolution of acceptance for next meeting. There will be publicity and plenty of time for others to make a proposal. The City has a responsibility to maintain a facility for the traveling public. They have paid for it. We are fortunate in having an airport that generates money. If you take in revenue for a product, you should offer a product out the front door. Atty. Rogers. I saw the proposal this afternoon. I think we can probably work with Mr. Schilling. Given some time, perhaps there will be someone showing interest. We may be able to have sole source with Mr. Schilling because no one else has shown interest, for the convenience of the traveling public. There are problems we will have to work out: there are encumbrances against the liquor license. We have a judgement against them for back rent. Councilwoman Swarner. Is she available? Atty. Rogers. I understand she is in the area. But that is not Mr. Schilling's responsibility. We maintain we should not be on the license. There are other liabilities that could be attached. Mr. Schilling wanted a longer term than 5 years. We have gone through this with federal regulations. For us to petition the Federal government for a waiver would be burdensome. I was glad to see this was for 5 years. If we could go with longer than 5 years we will let Mr. Schilling know. I think we can enter into an agreement in light of 2 attempts by the City. My only caveat would be if during the interim there are other individuals offering, Council should MAI CITY COUNCIL sEPTEMBER 20, 1989 PAGE 5 review and make a decision on the most appropriate entity. It could be done with add -on basis. City Manager Brighton. That would put Mr. Schilling at a disadvantage since his numbers would be made public and anyone could bid under. Atty. Rogers. I am not suggesting price as the only criteria. Councilwoman Monfor suggested a resolution at the Oct. 4 meeting and have publicity in the meantime. Mayor Williams suggested all letters be pulled and numbers not be made public. Airport Manager Ernst. We need to get it open however we do it. Atty. Rogers. We will call FAA Sept. 21 to see if they have any objection. Councilman McComsey. When will they be done with the project? Public Works Director Kornelis. The end of construction is the end of October. The equipment will be in later. Atty. Rogers. Immediate occupancy is not needed. Mr. Schilling. Yes - November, December and January are not good months. MOTION: Councilwoman Monfor moved, seconded by Councilwoman Swarner, for Administration to prepare a resolution at the Oct. 4 meeting that would get Mr. Schilling the bar and restaurant at the airport, contingent on getting all problems worked out with Administration. Motion passed by unanimous consent. Mayor Williams requested Council drop item H-7 if there was no more discussion. Council agreed to the request. C. PUBLIC HEARINGS C-1 Ord. 1338-89 - Increase Rev/Appns - Drug Enforcement Admin. Forfeitures - $6,819.53 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-2 Ord. 1339-89 - Decrease Rev/Appns - Runway & Taxiway C Overlay - $516,265 MOTION: Councilwoman O'Reilly moved, seconded by Councilwoman Swarner, to adopt the ordinance. There was no public comment. Motion passed unanimously by roll call vote. C-3 Ord. 1340-89 - Amend KMC, Title 23 - Personnel MOTION: Councilwoman O'Reilly moved, seconded by Councilman McComsey, to adopt the ordinance. KENAI CITY COUNCIL SEPTEMBER 20, 1989 PAGE 6 There was no public comment. Motion passed by unanimous consent. C-4 Res. 89-68 - Award Contract - Float Plane Basin Commercial Slips - Foster Const. - $55,240 a. Inspection Proposal - Float Plane Basin Commercial Slips - Wm. Nelson - $5,500 Mayor Williams. The resolution has a copy of the letter from FAA attached. MOTION: Councilman McComsey moved, seconded by Councilwoman O'Reilly, to adopt the resolution. There was no public comment. Airport Manager Ernst. They gave me every assurance unless there is something they don't agree with. Every indication from them is they don't have a problem. They are booked up with end of the fiscal year, Oct. 1. This is not an unusual thing we do. Mayor Williams. We have done this year $3 Million worth of work on the airport. During that time there was no hesitation of forthcoming of funds. It seems we can trust them for $55,000. VOTE (Passed): Yes: O'Reilly, Smalley, Williams, McComsey, Monfor No: Swarner C-4a: MOTION: Councilman McComsey moved, seconded by Councilwoman Monfor, to approve the proposal. Motion passed by unanimous consent. C-5 Res. 89-69 - Transf. of Funds - Library - $2,472.77 \ MOTION: Councilwoman Monfor moved, seconded by Councilman McComsey, to adopt the resolution. There was no public comment. Motion passed by unanimous consent. C-6 Res. 89-70 - Award Gift Shop Concession - Airport Terminal - Orca Gifts MOTION: Councilman Smalley moved, seconded by Councilwoman Swarner, to adopt the resolution. There was no public comment. Motion passed by unanimous consent. D. COMMISSION/COMMITTEE REPORTS KENAI CITY COUNCIL SEPTEMBER 20, 1989 PAGE 7 D-1 Council on Aging Councilwoman Swarner. The Older Alaskans Commission met last Wednesday in Kenai. The Program Director received an award for the most effectively run senior center, the only one received on the Peninsula. Mayor Williams asked about the $44,000 pass -through to the Borough, the residual fund from the Congregate Housing study. Program Director Porter. Sen. Fischer made an appropriation for projects separate from that. The appropriating money has not cone down yet. Mayor Williams. We have the largest amount on the Peninsula, $14,000. Program Director Porter. We have the largest service district so we receive the largest amount. D-2 Airport Commission Councilwoman O'Reilly. The next meeting will be Sept. 28. Airport Manager Ernst. The meetings will be at City Hall from now on. Mayor Williams nominated Ed Garnett for the Airport Comm. vacancy. He is now a resident of the City. MOTION: Councilman Smalley moved, seconded by Councilwoman O'Reilly, to approve the nomination. Motion passed by unanimous consent. D-3 Economic Development Commission Mayor Williams. There will be a meeting Sept. 21. Members of Council are asked to attend. We will take minutes even if there is one person. The Code does not say minutes shall not be taken. It is up to the Chair. D-4 Harbor Commission None D-5 Library Commission \ Librarian DeForest. Next week is Banned Book week. Mayor Williams. We have an opening on the Library Comm. Councilwoman Monfor. We voted Brittany Nowak in. Clerk Ruotsala. She is not available at this time. Librarian DeForest. I will have applications available at the next meeting. D-6 Recreation Commission Recreation Director McGillivray. There was a meeting Sept. 19, they reviewed last summer's activities. There will be an ordinance at the next Council meeting regarding the change of the Comm. name. A letter was distributed this date regarding the Peninsula Oilers building a field gate to stop vandalism. It will not interfere with cross country skiing. It will be an Oilers cost. Councilman McComsey moved, seconded by Councilwoman Monfor, to let the Oilers put a gate up. KENAI CITY COUNCIL SEPTEMBER 20, 1989 PAGE 8 Councilman McComsey suggested it be set back so cars could be parked there. Councilman Smalley suggested extending the gate with a pipe so people do not drive around it. Motion passed by unanimous consent. Recreation Director McGillivray. There were 203 kids in the summer program. Councilwoman Swarner. It was suggested that with the summer people at the gym, we open up one month early and lower the price for City residents. Mr. McGillivray. The summer people were charged $25 for 3 months. We were trying to get control of the cannery workers. We heard objections from locals that have used it for nothing. D-7 Planning & Zoning Commission Councilman Smalley. The minutes were distributed this date. Councilwoman Swarner. Anything discussed regarding the lot near Swires? Councilman Smalley. No, Council tabled it because of the plat not being available. D-8 Misc. Comm/Comm Beautification Comm. Councilwoman Swarner. The Committee has requested an additional member. The Code allows 7 members. The minutes of the last meeting note there was no quorum. At the work session they discussed the municipal park and plans for a day facility for celebrations such as the Bicentennial. Ownership is in question. The Committee does not have terms of office. This Committee has been around for a long time. Maybe this should be looked at. Councilwoman Monfor requested Clerk Ruotsala bring the section of the Code dealing with number of members in Comm/Comm to the Oct. 4 meeting. We have had committees with less than 7 members. We could have Sally Bailie as an ad hoc member. Councilwoman Swarner. Mrs. Bailie was at the meeting as an ad hoc member. \ Atty. Rogers read KMC 1.90.010, there should be 7 members. Mayor Williams. We will have to allow the matter to continue as it is now. E. MINUTE E-1 Regular Meeting, Sept. 6, 1989 Approved by Consent Agenda. F. CORRESPONDENCE F-1 Sen. Fischer - Seward Hwy Road Signs - Listing of Peninsula Cities Approved by Consent Agenda. G. OLD BUSINESS G-1 Resource Development Council Membership KENAI CITY COUNCIL SEPTEMBER 20, 1989 PAGE 9 Mayor Williams. I attended an RDC meeting last Thursday. The question here is dues. MOTION, Remove from Table: Councilwoman O'Reilly moved, seconded by Councilman Smalley, to remove the issue from the table. Motion passed by unanimous consent. PUBLIC COMMENT: Barry Thomson, Economic Development Comm. member. I am not sure what the delay is. My understanding is the concern of Council is the duration of membership. That has been explained to Mayor Williams. RDC has been active for a long time. The Borough was given a presentation a few weeks ago and approved membership. Most of the cities in the State are members. It is a pro -development organization, tempered by responsible development. There will have to be some kind of development by the State. RDC is acting as liaison in divers factors within the State to try to harmonize factions. Finance Director Brown. I have no concerns if you join or not. It was only after Council decided not to pay that it became an issue. In their Aug. 23 letter, they mentioned this covers Dec. 1988 to Nov. 1989. In referring back to their 1984 letter, we paid July 1984, covering Nov. 1983 to Nov. 1984. They said $.02 per resident. Everybody believed it was from July to July. They say we paid for a time we were not members. Councilwoman O'Reilly. There is another discrepancy. They are talking about 8,000 people. Mayor Williams. June 8, 1984 letter is rhetoric regarding benefits. Whether you join at the beginning or the end, you pay for the full year in service groups. The Chamber of Commerce, for example. This may be the case here. Councilwoman Swarner. What has RDC done for the City? \ We asked for reports from EDC and have not received them. Comm. Thomson. You have. I have not been there recently. Every meeting I attended Council received at least a 2 page report from me, at the request of Councilwoman Swarner. Councilwoman Swarner. What has RDC done for the City? Comm. Thomson. Kenai is unique, it is a bedroom community for a large area. People live here but do not necessarily work here. Any growth in activity anyplace in Alaska is from money that comes from Kenai. There are 4 forums in Sept., three are pertinent to things on the Peninsula, one specifically to here. The only one that does not affect us is the Anchorage mayor reporting on Anchorage in the 901s. As for physical dollars that come directly to Kenai, that is difficult to put a finger on, but with Kenai's situation what is good for the State is good for Kenai. Mayor Williams. The spruce bark discussion was this week. They propose to harvest, it would be an impact on the City. We have been courting the Koreans regarding an LNG plant. When we act as hosts to foreign guests and RDC does also, it compliments our efforts. They are really arming the lobbying efforts KENAI CITY COUNCIL SEPTEMBER 20, 1989 PAGE 10 of the City. It is difficult to put a finger on the lobbying effort. But we cannot, as an economic development oriented city, isolate ourselves from promoting others. We have done that in the past, but only by broadening ourselves have we developed. Councilwoman O'Reilly. I have no problem with continuing membership. But when I pay a bill I want to know what I am paying. I have a number of questions. Do we have any correspondence? Answer - no. Councilwoman O'Reilly. Maybe there is a reason. Finance Director Brown. I can get an explanation. Councilwoman O'Reilly. It should be $1,560 instead of $1,930. Mayor Williams suggested we correspond with RDC suggesting that our membership is high because of the population count and request an adjustment. Finance Director Brown. I will ask for an explanation. City Manager Brighton. The Borough pays the same amount? Comm. Thomson. It is adjusted. Mayor Williams. RDC adjusts the bill to outside cities. MOTION: Councilwoman O'Reilly moved, seconded by Councilman McComsey, to pay the bill (to RDC) after Finance Director Brown has ascertained the correct amount. MOTION, Amendment: Councilman McComsey moved, seconded by Councilman Smalley, to set the date as Dec. 1 to Nov. 30. VOTE, Amendment (Passed): Yes: O'Reilly, Smalley, Williams, McComsey No: Swarner, Monfor VOTE, Main Motion as Amended: Motion passed by unanimous consent. H. NEW BUSINESS H-1 Bills to be Paid, Bills to be Ratified MOTION: Councilman McComsey moved, seconded by Councilman Smalley, to approve the bills as submitted. Motion passed by unanimous consent. H-2 Requisitions Exceeding $1,000 MOTION: Councilwoman Swarner moved, seconded by Councilman McComsey, to approve the requisitions as submitted. Mayor Williams. What is the water communications? Public Works Director Kornelis. It is equipment in the underground water pump house. The pumps can be operated from the Police Dept. Mayor Williams. Is it a budgeted item? Answer - yes. Motion passed by unanimous consent. KENAI CITY COUNCIL SEPTEMBER 20, 1989 PAGE 11 H-3 Ord. 1341-89 - Increase Rev/Appns - Travel - Sr. Citizens Center Representative - $1,102 H-4 Games of Chance & Skill - FOE Auxiliary #3525 Approved by Consent Agenda. H-5 Disc. - Bicentennial Visitors & Convention Bureau - Host to Arctic Winter Games Councilwoman Monfor. Before we discuss this, we need to have Bob Williams tell us what is involved. Mayor Williams. We do not know if there will be fiscal note with this. City Manager Brighton. When the original proposal was made, Soldotna and Kenai pledged $50,000 each. Clerk Ruotsala was asked to contact Mr. Williams to have a presentation at the Oct. 4 meeting. H-6 Approval - Election Judges, 10-3-89 Election Clerk Ruotsala. There was a great deal of difficulty in selecting judges for the precincts. The list was not finalized till 4:40 this date. MOTION: Councilman McComsey moved, seconded by Councilwoman Swarner, to approve the list of judges as submitted. Motion passed by unanimous consent. H-8 Disc. - NBA Payoff of Note - Spur S/D - Roger Holl - $50,000 Atty. Rogers. If Council takes no action, they will just keep paying. Councilwoman Monfor. This is for his office? Answer - yes. Councilwoman Monfor. Is it because it is our land? Atty. Rogers. Yes, we were in 1st position. Councilman McComsey. How can payoff be higher than the balance? Mayor Williams. Interest accrued to balance. MOTION: Councilman Smalley moved, seconded by Councilwoman \ O'Reilly, to reject the offer from NBA. Atty. Rogers. Then we can write a letter. Councilwoman Monfor. This is a negative motion. MOTION, Withdraw: Councilman Smalley moved, with consent of second, to withdraw his motion. MOTION: Councilman McComsey moved, seconded by Councilwoman Monfor, to accept the offer from NBA. Motion failed unanimously by roll call vote. H-9 Disc. - Bicentennial Visitors & Convention Bureau - Goals & Objectives Councilwoman Monfor. It is not much different than the Bicentennial Commission. It is to celebrate 1991 and become self-supporting as soon as possible. KENAI CITY COUNCIL SEPTEMBER 20, 1989 PAGE 12 Councilman Smalley. How close are they to getting a grant? Councilwoman Monfor. The application went in Friday. Mayor Williams. There is a potential addition to Mr. D's. Would it help if an addendum went in with a letter from the owners indicating their intent and additional numbers of employees involved? Councilwoman Monfor. It had to have the approval of EDD. They will meet Sept. 21. I will be out of town. Councilwoman Monfor will call Sue Carter. Councilwoman Monfor. When the grant was prepared, the survey showed 80 new jobs. The Merit Inn reopening would be an additional 30. The airport would be additional. There is talk that the Merit Inn will reopen. Mayor Williams. what is the tie-in? Councilwoman Monfor. If we get the grant and the building is built, because of tourists coming to the area, it will increase the number of people in the area and the number of people to take care of the tourists. I. ADMI,NIST,'RATION REPORTS I-1 Mayor Mayor Williams spoke. a. EDD resolution regarding helicopter cold water recovery training school (item I-1). Clerk Ruotsala will talk to Sen. Stevens' office 9-21 regarding the progress in the Senate. It will be decided by Oct. 1. b. The invitation from France to visit Brittany late this month with oil spill mayors (item I-1). I do not plan to attend. C. On 9-21 I will attend an Alaska Conf. of Mayors meeting with legislators in Anchorage (about 30% of the legislators - 18) regarding the oil spill and other legislation. d. I spent 5 days in Anchorage last week, none at City expense. e. The JTPA and SJTCC will be meeting here the week of Dec. 14, 15 & 16. We will have meetings here. It will bring 35-40 people here. f. There is a situation regarding animals in the City (Livestock) in certain parts of the City, not served by water & sewer, on substandard lot sizes. Residents are concerned that livestock are allowed to wander, waste will develop in their wells. It has been stopped in discussion by P&Z. Should the City be looking at something of this nature to protect citizens? This discussion has come up before. At Thompson Pk., Large lots are different. Councilwoman Swarner. Did you ask if they should get water & sewer? No action by Council. I-2 City Manager City Manager Brighton spoke. a. Item into-4 in the packet, Airport Manager Ernst was commended for the maintenance of the airport. b. Item info-5 in the packet, Dan Pitts wants reimbursement from the City for losses incurred during construction. This needs an answer. If we do this, there is no end. This is a major airport improvement. Councilwoman Monfor. ERA was also KENAI CITY COUNCIL SEPTEMBER 20, 1989 PAGE 13 inconvenienced. City Manager Brighton. They had 3 weeks notice. They were aware of the discussion. I don't think there was any reason they could not work around it. C. Item info-13. This is a long reply regarding driveways and streets. Public Works was there the next day. d. Item info-16. I will be out of town Sept. 27, during the Special Meeting to review City Manager, City Attorney and City Clerk. e. Item info-17. The State will bid the Recorders Office relocation now. f. The question was asked at the last meeting, what does the Borough provide the City? I have distributed the Borough annual budget. Page XVI (introduction) of the report, all of these things we helped pay for, we receive no benefit from. Also page V (introduction) paragraph 2 is the mission statement. Councilwoman Monfor. Education is the only one we get benefit from. g. Info from AML in packet, Council needs to take action on nominations for Legislative Committee and/or AML officers. Council agreed to discuss after the election. I-3 Attorney Atty. Rogers spoke. a. HEA vs City of Kenai (item I-3). We will not be fighting on more than one front. There are 3 of them, one of us. b. I• will be at the Sept. 27 meeting, but not at the Oct. 11 meeting. C. The airport bar liquor license. We will proceed to attempt to get funds. We will bring a proposal to expend airport funds ($10,000+) to clear for liquor license. d. Regarding Pitts request (item info-5). It is my impression this is a legal claim against the City. Council direction will enable us to proceed. I `\ will respond to the letter. e. Councilman McComsey. Anything on Dairy Queen? Admin. Asst. Howard. It is available for lease or sale. I have had 2 inquiries. f. Councilman McComsey. Anything on Burnett (lawsuit)? Atty. Rogers. No new pleadings. They have filed for documents, we have refused. They are work products. Councilman McComsey. No idea when? Atty. Rogers. A long time from now. g. Councilman McComsey. Anything on the airport land condemnation? Atty. Rogers. We anticipate Administration hearing before the end of the year. Councilwoman Monfor. This is the lands with the float plane basin? Answer - yes. I-4 City Clerk Clerk Ruotsala spoke. a. The election is Oct. 3, 1989. b. Mayor Williams. The Comm/Comm Secy contract was in the packet (item I-4), Council asked about typing of minutes of work session. Councilwoman Swarner. It does not say anything. Was there KENAI CITY COUNCIL SEPTEMBER 20, 1989 PAGE 14 discussion? Clerk Ruotsala. Never that I know of. I-5 Finance Director Atty. Rogers. Tom Wagoner said he would not want to give money back to the City (item I-5). Mayor Williams. Council does not have sufficient information to determine. We should table. Councilman Smalley. If they are current, why postpone? Finance Director Brown. They are current. The problem is if we do nothing. The letter says they want to cancel. If we do, they could say 6 months' from now that we did nothing. I suggest we write a letter and ask them to send a reply. MOTION: Councilman Smalley moved, seconded by Councilman McComsey, that a letter be drafted by Administration to both applicants with a statement that we accept the offer, and we accept or reject, subject to payment of taxes. Motion passed by unanimous consent. I-6 Public Works Director Public Works Director Kornelis spoke. a. We are working on a national discharge permit. We are running up against problems with the 1987 amendments to the Clean Water Act. There may be major expenses at the plant: chemicals, chlorine, additional personnel, administration, consulting firm. b. Item info-9, DEC request for funding grants. Do we want to be considered for loan and 50% match? Council may want to review. C. Candlelight/Linwood. We have had requests for additional work on driveways. The project has been accepted but we could hire Quality Asphalt to do additional work increasing the radius of the \ driveways. They are in the area. The project has been completed. The final pay estimate was at the last meeting. This would be extra. Councilman Smalley. That was the old radius? Mr. Kornelis. Aliak is 5 ft., it is common. We are going to a larger radius. Councilwoman Monfor. What kind of cost? Mr. Kornelis. Less than $500 per driveway. City Manager Brighton. We will have to approach every person on the project. Councilwoman Monfor. The project has been closed. Councilman Smalley. One is mine. When you drive in from the north, you drive on gravel and it is pushing down. It will start eroding. There is a sewer main there. There are only 4 driveways affected, I have had complaints from the other 3. The others go to the edge of the driveway. Mr. Kornelis. They have driveways the same as what was there. Some are wider than others. Councilman Smalley has 2 driveways. KENAI CITY COUNCIL SEPTEMBER 20, 1989 PAGE 15 Councilman McComsey. I paid extra for a wider driveway. Mr. Kornelis. You should not have, unless it was larger radius. Councilman Smalley. There is a potential for erosion on these 4. Mr. Kornelis. I could have my crews do patch work. City Manager Brighton. If you do this, you will subject yourselves to criticism unless you go to all houses. Council took no action. d. Mayor Williams. Item info-9, letter from DEC. Would it be appropriate to indicate a request regarding the $3 Million for Thompson Pk.? Would it get us in line or would it be 50/50 grant? Mr. Kornelis. It would be a 50/50 grant. Mayor Williams. Thompson Pk. will not be done till we decide to do it. If we apply for $3 Million grant, would it go through DEC or go direct to us? Mr. Kornelis. In the letter, it would go to DEC. We have used legislative grants for match but I don't know if we could do any more. With the point system we are near the bottom. Mayor Williams. It would not do us any harm to advise them that we would like to participate on a $3 Million grant on 50/50 basis. We can always turn them back. The water & sewer reserve is $1 Million+. It is an alternate source. We could proceed with legislation for $1-1/2 Million. Perhaps we should get in line. I would rather be in a position of turning it down than not being in line. Mr. Kornelis. There is one other project - up -grade of the sewer treatment plant. City Manager Brighton. We are going to be stuck with that. MOTION: Councilwoman Monfor moved, seconded by Councilwoman Swarner, to have Public Works Director Kornelis do a grant application for Thompson Pk. and the sewer treatment plant. Motion passed by unanimous consent. e. Mayor Williams. Item info-15, is this a draft of future permits? Mr. Kornelis. I don't think it will do much good for the City. They will have us deal directly with all State divisions. They will have a general permit for themselves. The Corps of Engineers has never been a problem. Mayor Williams. Do you think this will create additional problems? Mr. Kornelis. No, the only difference is we will deal more with State divisions. f. Mayor Williams. Regarding the proposed boat ramp project. At the last meeting I asked Council to keep in mind that if the project went ahead, we would have to allot $150,000 for the project. The impact is, the City would garner $54,000 additional sales tax to the City. It would be a KENAI CITY COUNCIL SEPTEMBER 20, 1989 PAGE 16 return on our investment in 3 years. Should we direct Administration to proceed with applications, etc.? The $150,000 could be part of next year's budget. Councilwoman Monfor. We have only heard talk. I need to see more. Where it will be located, the proposed plant, who we will buy from. I don't have enough information. Mayor Williams. We have included financial costs of the parking lot, ramps and facilities in the past. I continue to bring it to Council because I believe it is overall economic development to the City. Councilman Smalley. It costs nothing to apply for the paperwork. Councilwoman Monfor. It is like the condemnation of the float plane basin. We are always putting the horse and cart in the wrong position. Mayor Williams. Not necessarily. In order to get any project started, you need Council approval. If we don't move forward, it will be next Spring before we start. Councilwoman Monfor. We have not heard any private enterprise for discussion. Mayor Williams. From the 1st meeting, it was stated private enterprise could not do this. A government entity with public access could get permits. Private enterprise cannot apply for Dingall-Johnson funds. We have an opportunity to be #1 priority for Fish & Game. If we don't take advantage of it, they will move it down on their list. Councilwoman Monfor. This would not be a reality in 2 years? Mayor Williams. The intent was to have it done by next silver season. This is the 3rd-4th time I have discussed this. Councilwoman Monfor. You have brought it to us, but we have only discussed location recently. Mayor Williams. We can get maps. Councilwoman O'Reilly. I have no objection to submitting an application but we need the property 1st. Mayor Williams. Public Works Director Kornelis will get a meeting together. Mr. Kornelis. Before an application we should get the Corps., Fish & Game and have a site visitation. City Manager Brighton - and Council. Councilwoman Swarner. Before we take official action, we could add to the Oct. 4 meeting for materials. Mayor Williams. Direct Administration to prepare material - maps, correspondence, minutes? I would like to direct Administration to move ahead. Councilwoman Monfor. We need information and have publicity for information also. Council agreed to the suggestion. Councilwoman Swarner. When? Mr. Kornelis. It will take time. Mayor Williams. I would like to do before other communities get in line. This KENAI CITY COUNCIL SEPTEMBER 20, 1989 PAGE 17 boat ramp is vitally necessarily for development of tourism. Councilman McComsey. We may as well start permits. Mayor Williams. We need on -site evaluation team first. ADDED ITEM: Mayor Williams reminded of the Sept. 27 executive session (item info-16). I-7 Airport Manager None J. DISCUSSION J-1 Citizens a. Barry Thomson, Economic Development Commission, Box 1908, Kenai. Regarding the airport fuel service (Item info-5). The reason for the loss of revenue is Kenai Airport Fuel Service charges for large aircraft. With the closure they could not come in here, the contract was terminated. Also, regarding the loss of revenue because of the airport closure by Alaska Flying Network, for airport training. It was restricted, no touch & go because of the short runway. This has been modified. Even with the runway at 3,200 ft., it is longer than Merrill Field. operators appeared nonplused as to why this occurred. Communications between the airport and Alaska Flying Network would help. Mayor Williams. What is the completion date? Airport Manager Ernst. The 2nd week in Oct. b. Barry Thomson, Kenai. I have concerns regarding the building proposed by the Bicentennial Bureau. It sounds very familiar to the bond issue regarding the convention center voted down by the people. I hear stories by hotel people of expansion to seat 250-300 people. This will be a redundancy to what we have. My major concern is future costs of maintenance & operation for this. I cannot rationalize this. I realize there are jobs in construction, but there will not be that many jobs in the future. The Sports Center has been a drain in Soldotna. I do not want to see this in Kenai. We have a museum with a small theme park. The museum could be moved. I don't think we would have sufficient revenue to cover costs. We have a Chamber of Commerce as well as a Visitors & Convention Bureau log cabin that is appropriate to the area. Tourists say it matches the theme of the City. My concerns are future revenue and potential costs. I would urge Council to take a look at this. I am for economic development. The Sports Center was touted to be revenue making but has not been. Councilwoman Monfor. I don't know if you have seen the schematics, but the largest room will accommodate 100. There will be no facilities for banquets, etc. It is designated to house artifacts and museums. The museum we have now is inadequate. There will be a place for a visitors center. Jobs I alluded came from a survey we had to make before we applied for a grant. Regarding r KENAI CITY COUNCIL SEPTEMBER 20, 1989 PAGE 18 the maintenance. Because it will be a museum and cultural facility, it can be run on grants from participating organizations with exhibits on display. It is sad that people are thinking it is a convention center. It will not house a convention. Mayor Williams. Plans for the old convention center are at City Hall. They are available for review. The 2 do not even come close in size, cost or purpose. I am pleased to see private enterprise taking the incentive to build additional rooms. That takes the emphasis away from the need for a convention center. Then the City can say we are not in the business of building a convention center. We are complimenting the tourist industry, we are putting in a visitors center. Councilwoman Monfor. Also, the Bicentennial Bureau had to cut over 1,000 sq. ft. to cover costs. They were ecstatic regarding the news from Mr. D's regarding expansion. The City does not need a convention center, it will cost money. C. Librarian DeForest. Next week is Banned Books week. We urge all to go out and read a banned book. You would be amazed. J-2 Council a. Councilwoman Swarner, to Public Works Director Kornelis. Have you been filling cracks in the roads? The float plane basin road has a crack close to the cemetery. I told the City Manager. City Manager Brighton. It has rained all but 2 days since this was brought to me. Mr. Kornelis replied he would check on it. b. Councilwoman Swarner. Have we considered broadcasting Council meetings on the air? Council took no action. C. Councilwoman Swarner. We should put in the paper what is happening in the City. During the clean �* up of Lawton Strip the residents did not know what was going on. We could put it in "What's Happening." Council took no action. d. Councilwoman Swarner. Regarding the banners. There must be a better way to hang them. We could provide an incentive to City employees as to how to save money. The Boy Scouts hang flags below the banners. Mayor Williams. They get stolen and Council buys more. Council took no action. e. Councilwoman Swarner. What happened to the light at Memorial Park? City Manager Brighton. We are working on it. d. (contd) Public Works Director Kornelis. The banners are 10 ft. above the ground, they cannot be lowered. I have been looking for a 2nd hand cherry picker. f. Councilwoman Swarner. Regarding drug testing not in the appropriate place in the Code (Sept. 6 KENAI CITY COUNCIL SEPTEMBER 20, 1989 PAGE 19 meeting). Midas Muffler is doing testing. Atty. Rogers. Is that a public entity? g. Councilwoman Swarner. I don't like businesses that do not pay sales tax. There are businesses that do business with the City listed in the papers. They should be stopped. Atty. Rogers. The paper has been wrong in one instance. Councilwoman Monfor. There were others, the paper did not know. h. Councilman McComsey. New York has drug testing and did okay. City Manager Brighton. That is police. We do that now in the Kenai Police Dept. i. Councilman McComsey. The fire training grounds proposal is not progressing. The oil companies have asked me to have a meeting with legislators. They are having college people here to meet. Managers and safety people from industry are coming. j. Councilwoman Monfor. The KCHS bonfire, parade and homecoming are Saturday, Sept. 25. The game with SoHi will be at Skyview. k. Councilwoman O'Reilly. Regarding Finance Director Brown's memo on Inlet Woods. Could Atty. Haggart speak at the Oct. 4 or Oct. 11 meeting in executive session, what his thoughts are? 1. Councilwoman O'Reilly. Are we going to have a work session on RIP? Clerk Ruotsala. Council agreed to have the work session after election. k.(contd) Mayor Williams. Could we have the meeting with Atty. Haggart after the election? Councilwoman O'Reilly. It should be with the old Council. MOTION: Councilwoman O'Reilly moved, seconded by Councilman Smalley., to write a letter asking Atty. Haggart to attend an executive session on Oct. 4. Motion passed by unanimous consent. M. Councilman Smalley. The Borough has been digging up tanks and leaving contaminated soil in the City. Is there any problem? Public Works Director Kornelis. The Borough has thousands of contaminated soil they have turned to asphalt. Councilman Smalley. It is turning to mud. It will be there till they move it? Mayor Williams. Yes, it is a Borough problem. K. ADJOURNMENT Meeting adjourned at 10:35 PM. Janet Ruotsala, CMC City Clerk KE NA S A = RPO RT COMM = S S T ON September 28, 1989 - 7:00 P.M. City Ball Council Chambers Chairman Bob Summers Presiding 1. ROLL CALL Present: Summers, Ames, Garnett, Knopper, Shackleton, Toppa Absent: Dean (excused) Also Present: Councilwoman O'Reilly, Airport Manager Ernst, Secretary Loper 2. APPROVAL OF AGENDA MOTION: Commissioner Knopper moved approval of amended agenda, seconded by Commissioner Shackleton VOTE: Motion passed by unanimous consent 3. PERSONS PRESENT SCHEDULED TO BE HEARD None 4. APPROVAL OF MINUTES OF June 15, 1989 MOTION: Commissioner Knopper moved approval of the minutes as submitted, seconded by Commissioner Ames VOTE: Motion passed by Unanimous Consent 5. OLD BUSINESS A-- Report from Budget Committee - Josh Knopper Chairman Summers reported that we have received an allocation of approximately $15,000 from the Council for use by the Commission. We have established two committees; budget and public relations. The first report will be from the Chair of that Committee, Josh Knopper. Commissioner Knopper reported that, without the actual figures, about half of the $10,000 has been spent. Part of that was $1700 for the July 4th celebration and part was for advertising for the float plane basin which leaves approximately $5,000 for advertising and travel. I believe that the remaining $5,000 was earmarked for advertising and the terminal open house in November. Manager Ernst agreed. KENAI AIRPORT COMMISSION September 28, 1989 Page 2 Manager Ernst reported that Bill Nelson did some aerial photography of the two approaches to the basin. He will be blowing up the photos to make one large one at a cost of $300 each. Mr. Nelson will be donating some of the cost. Chairman Summers asked for same concrete numbers. Manager Ernst stated he will be able to provide those at the next meeting. Commissioner Toppa of the Public Relations Committee felt that a meeting of the budget Committee and his Committee would be in order probably prior to that time. Note: Mayor Williams entered at this time. b. Report on Industrial Display - Randy Ernst Manager Ernst reported that Marathon will have the display available the first week of October. It comes in several crates. The Marathon technicians will come in and assemble it. We will probably need to look at housing it by putting a glass case around it or something similar. This will probably have to come out of our budget. It is 8' wide by 12' long by 8' high. It will be an attractive display and there will be the temptation by the travelling public to pull pieces off of it. The model is worth approximately $200,000. Mayor Williams suggested a nice plaque for the display giving details and indicating it was donated from Marathon Oil Company. Manager Ernst will make the arrangement for the plaque. Commissioner Garnett asked if any. arrangements had been made as yet to get a glass enclosure as the model will be here next week. Manager Ernst answered that we need to have some kind of idea of what it's going to take to cover it before proceeding. Commissioner Toppa asked if it could be covered as it is 8' tall. Manager Ernst stated that the glass would have to be at least 8' tall. Mayor Williams stated that he has had quite a bit of experience with models and recommended a floor to ceiling air tight enclosure. This model is so intricate that dust will become a factor over time. Also, as the walls are put together, one panel should be movable and locking so that entrance could be gained if necessary. The problem with plexiglass is that people can get into them and take pieces. This is larger than any model he has dealt with in the past. If it isn't floor - to -ceiling people can throw beer cans and trash over the top. Commissioner Garnett asked where the money would come from, Mayor Williams answered from the Airport fund. Manager Ernst stated that it would have to go to Council as it will surely be over $1,000 and is not a budgeted item. MOTION: Commissioner Garnett moved that we recommend to City Council that plans be initiated as soon as possible to enclose that model to protect it, seconded by Commissioner Toppa Councilwoman O'Reilly asked if an estimate can be available by the next Council meeting. VOTE: KENAI AIRPORT COMMISSION September 28, 1989 Page 3 Motion passed unanimously Chairman Summers asked how soon the model was scheduled to be placed in the terminal. Manager Ernst answered that it was scheduled for the first week in October, however, he would contact Marathon and get more exact dimensions and get started on construction and a cost estimate. Randy's Glass might be a good company to contact. Commissioner Toppa suggested that Marathon be asked to hold it a bit longer until the enclosure is ready. Manager Ernst agreed and will contact Marathon. c. Public Relations Committee - Dean & Ames Chairman Summers reported that the Chairman, Jim Dean had expressed his wish to step down due to time constraints. Bill Toppa has agreed to head the Committee and work with both short term advertising and the open house for the terminal along with Mr. Ames. Commissioners Toppa and Knopper will be getting together to come up with figures. These two gentlemen will be calling on the Commissioners for help as the project moves ahead. d. Possible Training Seminar - Randy Ernst Manager Ernst reported that a book had been given to Chairman Summers. The speaker is willing to come to Kenai from Los Angeles for the cost of the air fare only. It will be a one day seminar. Keeping in mind that the commissions she is familiar with are elected officials, she speaks to commissions working with administration, public, and management to accomplish the goals you set out. Manager Ernst will get the cost of the air fare, meals, and lodging. MOTION: Commissioner Garnett moved that the Commission requests such a seminar with Manager Ernst's speaker to be invited, and that the air fare, lodging and meals be paid by the City, seconded by Commissioner Toppa VOTE: Motion passed by Unanimous Consent Councilwoman O'Reilly asked if the seminar could be conducted on a Saturday. Chairman Summers suggested that the Council might be interested as well. Commissioner Garnett suggested that since the subject was commissions working with administration and the community, the rest of the commissions would benefit as well. Mayor Williams reported on a recent training seminar held at the City Hall with about 42 people attending, Soldotna city and borough included. Manager Ernst will talk to the speaker and ask if she is comfortable with a large group, what type of group would benefit most, and dates and times. Commissioner Garnett suggested that, depending on what the speaker answers, at the least, all Kenai commission chairmen would benefit as well as "feathering relationships" with Soldotna they could be included also. Mayor Williams suggested that if the seminar were large enough the Senior Center could be used. Dependent upon the answer from the speaker, Soldotna will be invited. KENAI AIRPORT COMMISSION September 28, 1989 Page 4 e. November Open House for Airport Terminal Commissioner Toppa stated that time is growing short to get something together by November 19th. Manager Ernst stated that the concessions are still pending on the bar and restaurant. The first time around there were no bids, however, a bid was received later by Mr. Schilling which the Council will be considering at their next meeting, October 4th. If the November date is not hard and fast, it may be better to delay the open house. It would be better to have the concessions in place at the time of the open house. Mr. Schilling has made it known that he may not open the restaurant until May. If it does remain closed and you want the open house sooner, you may be able to cater something in the restaurant area. Commissioner Toppa agreed. The need for figures and costs may take longer than the November date. Mayor Williams also agreed. The AML conference is going to take place the prior week and should there be any difficulty with getting in or out of Juneau, the Council stands a chance of not being able to attend. "My ideas for the open house were to get people involved who were in tourism, even down to guides and travel agents who might be interested in coming in and seeing the airport, tying it in with plans with the upcoming tourist season. Beyond that, tying it in with the 1991 celebration. We need a lot of public relations in getting the travelling public aware of what we have here. That date was not set in concrete so you can decide a date as long as it is not too close to spring." Commissioner Toppa suggested choosing a date at the next meeting. Chairman Summers agreed, and with the next Council meeting we may have a better idea of what to expect. The next scheduled meeting Will be October 12th. The Commission will decide on a new,date for the open house at that meeting. The Commission agreed. 6. NEW BUSINESS a. Airport Fuelin Chairman Summers reported that the scheduled meeting regarding the fueling was cancelled for various reasons. Mayor Williams explained that he had some knowledge of the present services such as underground piping, storage tanks, etc. There had been some discussion from the present fuel supplier who would be unhappy if the airport were to have a fueling terminal. It is unknown at this point if the proposed terminal would conflict with his operation. The proposal was for cargo carriers and Tesoro expanding their markets for such a facility. At the present time fuel is hauled from Fairbanks by truck and then shipping it by cargo carrier to such places as Port Alsworth. It would appear that Tesoro could become competitive by building a terminal at the airport. However, I do not want to put the present supplier out of business for his type of operation. Commissioner Garnett stated that this was discussed about 15 years ago. At that time Tesoro was very interested in bringing a line in from the refinery for all types of aviation fuel through an underground system. That is why there is presently an underground system, however, it was never KENAI AIRPORT COMMISSION September 28, 1989 Page 5 completed. If I'm not mistaken you only have one FBO that is fueling anyone at this time. At that point the person who is fueling the airport would have the concession on that fuel. In other words they would make whatever profit on their fuel but so would Tesoro and would the City by reason of the fuel concessions you have out here. I'm still convinced that Tesoro would go a long with it if they could see any way they could get any gallonage out of it at all. Mayor Williams agreed. In preliminary discussions with Councilman Measles and Mr. Necessary of Tesoro a few weeks ago there were indications of interest. It certainly would open up a whole new market and Tesoro is a home operation. If it can be trucked from Fairbanks to such places as Port Alsworth and still make a profit, it should be considered. Mayor Williams Trill. keep the commission iced. The meeting will be reacheduled. b. New Members Chairman Summers explained that nothing formal has been taken place with Commissioner Irwin. In speaking with him, he expressed the desire to be placed in some sort of ad hoc position. Chairman Summers stated his agreement with that suggestion in that the Commission could benefit from his military contacts and expertise. MOTION: Commissioner Knopper moved to recommend the City Council accept The Irwin' s verbal resignation and appoint him to an Ad Hoc position on military affairs, seconded by Commissioner Toppa VOTE: Motion passed unanimously Mayor Williams reported on a project pertaining to the helicopter cold water recovery school. The funding has passed the U.S. Senate and conditions are favorable for continued passage. Mr. Irwin has and will play an important part in this program. 7. AIRPORT MANAGER'S REPORT a. Projects Update The written report is attached. Following are some of the comments made. There will be approximately $16,000 in costs the City will be picking up in relation to the former lessee of the bar. Commissioner Garnett asked if there were some way vendors could make the City aware that there are these kinds of high bills pending to keep this from happening in the future. This was the same situation that happened with the Katmai a few years ago. Manager Ernst answered that the attorney is handling the lease. Manager Ernst took possession of the registration building. It is on skids and can be moved if necessary. The phone will be hooked up inside the building and should be in place. There was some vandalism reported to the aircraft in the long term slips plus incidents of drag racing and brodies. This is an isolated spot and attractive to the young. There will KENAI AIRPORT COMMISSION September 28, 1989 Page 6 be a fence put up near slip 10 to cut off access to the long term slips except by those authorized to enter. This should cut down on some of the occurrences. Commissioner Shackleton asked if the police could increase patrols, Manager Ernst answered that they have been made aware of the situation and have increased patrols. Commissioner Ames suggested an alternative access through Gate 14 and discussion followed. The Commission discussed security of the airport and locking the fences. There were no decisions made or pending. 8. COMMISSION COMMENTS & QUESTIONS Commissioner Knopper asked if anything has happened regarding those persons wanting to move from floats to wheels in the basin area. Manager Ernst answered that there were only one or two who objected, we never heard from the rest. I suppose we could send them all a letter. I think they wanted to take a wait and see approach. Commissioner Shackleton stated that we are the only full service instrument airport in the area and we do not have a compass rose so operators can make compass swings. Also, I don't know if we have a surveyed VOR receiver transformer for operators to check the accuracy of their navigational aids. Is there some way we could have a couple of small items like that taken care of without having to go to Soldotna. Manager Ernst agreed and stated he will implement those ideas. It will be in the nest budget. We had the "99's" come in and paint the sign "Kenai" and the next year they were supposed to do a compass rose, however, that has been quite a while back. The FAA has an ILS check point at the mouth of "Charlie" but we need to get it on the ramp. Commissioner Shackleton stated that there used to be one, in fact the LeConte has been parked over it. Probably the paint isn't even legible any more. Manager Ernst stated he believed it had been "ramped over". Chairman Summoners asked Secretary Loper to ensure that the action items were sent along to Council. The list prepared at the meeting will be sent to the Council for their neat meeting. Councilwoman O'Reilly volunteered to work on the open house festivities. Chairman Summers expressed the belief that the celebration will be fun as well as productive. 9. ADJOURNMENT There being no further business, the meeting was adjourned at 9:00 P.M. The next regular meeting will be Thursday, October 12, 1989. Janet A. Loper, Planning Specialist Secretary to the Commission Al,R"RT rIANAASIER'S RXMRT AIRPORT MAXAGXR' S REPORT I. Projects - Update A. Airport Terminal Renovation - Substantial completion date is October 14th. With final punch list items complete on or before October 21. B. Airport Concessions 1. Gift Shop - two bids received - awarded to Orca Gifts for a one-time premium of $1,100.00. 2. Restaurant and Bar - No bids received - City Council requested the administration to negotiate with Louis Schilling and look at any other potential offers before next Council meeting of October 4, 1989. Council approved approximately $11,000.00 to clear liquor license. C. Commercial Slips at the Float Plane Facility - City Council approved awarding of the construction contract to Foster Construction for the basic bid of 5 slips in the amount of $55,240.00 and the inspection contract to Wm. J. Nelson & Associates for the not -to -exceed amount of $5,500.00. Start-up is October 2, completion on or about November 1, 1989. D. Runway and C Taxiway Overlay Project - started August 30, 1989. Anticipate completion on or before October 13, 1989, weather permitting. E. Comprehensive Drainage Study - work in progress. No completion date set. II. Tiedown Leases - Update A. Long term aircraft tiedowns - total of 11 spaces leased with one of the 11 being a dual purpose lease (float plane/long term tiedown) B. Float Plane Facility Tiedowns - there are currently one commercial slip and 6 private slips III. 1989 Fish Haul - This was one of the biggest fish haul seasons in the recent years. The City leased ramp space to six fish processors. These processors ran in excess of 200 trips into Kenai. Kenai Municipal Airport Yearly Composite o Enoianements Month I "a 19154 1905 19186 1957 1988 Januanry 8,073 6,906 8,176 7,491 6,446 5,198 February 7,756 6,201 6,998 E,853 ^,-100 5,319 March 7,840 6,829 8,138 S,�Jc2 5,fi69 6.2.68 April 7,722 6,568 8,058 5,859 5,911 5,917 Totals 31,391 26,504 31,370 26,195 24,626 22,702 May 7,623 7,591 9,117 7,054 6.209 6,393 June 8,457 8,817 9,670 8,339 ,,239 7.342 July 10,498 11,489 12,757 8,639 ,UU9 8,99? August 9,946 10,904 11,469 8,031 8,484 3,605 Totals 36,526 38.001 43,023 32.063 30,991 31.532 September 7,422 3,059 9,220 6,670 6,555 6,537 October 7,547 7,814 8,422 6,080 6,419 ' 72^ November 7,335 8,482 7,353 6,150 6,345 6,7111 December 7,831 8,729 8,542 7,067 b,853 7,19� Totals 30,135 33,084 33,537 25,967 26,172 27,162 Yearly Totals 98.052 98,389 107,930 84,225 81,789 81,396 1989 6,578 5,587 6.253 6,012 24,430 6,797 8,068 9,753 9,532 34.150 0 COUNCIL MEETING OF `O -- COUNCIL MEETING OF /0 AGENDA KENAI CITY COUNCIL - REGULAR MEETING OCTOBER 4, 1989 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. 5. Executive Session - Atty. Haggart B. SCHEDULED PUBLIC COMMENT (10 Minutes) r. 1. Bob Williams, Kenai Bicentennial Visitors & Convention Bureau - Arctic Winter Games Proposal - - - rr r AAa C. PUBLIC HEARINGS 1. Ordinance 1333-89 - Amending Zoning Map - Govt. Lot 44, Section 34 - Maguire a. Substitute Ord. 1333-89 2. Ordinance 1341-89 - Increase Rev/Appns - Travel - Senior Citizen Center Representative - $1,102 --3. Resolution 89-71 - Award Airport Restaurant & Bar Lease - Schilling D. COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Economic Development Commission Harbor Commission 5. Library Commission 6. Recreation Commission 7. Planning & Zoning Commission 8. Misc. Commissions/Committees E. MINUTES 1. *Regular Meeting, Sept. 20, 1989 F. CORRESPONDENCE 1. *Alaska Div. Employment Security, JoAnn Elson - Thanks 2. *AML, Kristin Lambert - Report 3. *Sen. Murkowski - Oil Spill Legislation 4. *Older Alaskans Comm - Thanks 5. *Alaska Dept. of Education - State Aid for School Construction Debt Retirement - Amendments 6. Mat -Su Mayor Jones - Railbelt Coalition Meeting G. OLD BUSINESS 1. Discussion - Kenai River Public Boat Launch H. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Requisitions Exceeding $1,000 3. *Ordinance 1342-89 - Amending KMC, Title 19 - Recreation Commission to Parks & Recreation Commission 4. *Games of Chance & Skill - Kenaitze Indian Tribe, IRA I. ADMINISTRATION REPORTS 1. Mayor 2. City Manager 00� . Attorney 4. City Clerkr 5. Finance Director 6. Public Works Director 7. Airport Manager J. DISCUSSION 1. Citizens 2. Council K. ADJOURNMENT OCTOBER 4, 1989 INFORMATION ITEMS 1. Billing - Quality Asphalt Paving - Airport Runway & Taxiway C Overlay - $34,313.13 2. Billing - Wince,Corthell,Bryson - VIP Subdivision Streets - $11,364.42 3. Billing - McLane - VIP Subdivision Streets - $1,595 4. Comm/Comm Application - Wm. Altland 5. TO DO List - Sept. 20, 1989 6. Pull Tab Report - Alaska Jaycee's 7. Pull Tab Report - People Count 8. Billing - Harley's Trucking - VIP Subdivision Streets $244,375.95 9. Kenai Borough Minutes 10. Kenai Chamber of Commerce - October Newsletter 11. Transfers Under $1,000 - Sept. 1989 12. Alaska DEC - Report on Pull Tab Regulations Amendments ntinnid �Vliltots. J� r v:1 BICENTENNIAL aWA Q Aw - ew �uitlo m J�ud l Mr. Bill Brighton, City Manager CITY OF KENAI 210 Fidalgo Street Kenai, Alaska 99611 Dear Bill: September 1, 1989 6.1 As you may recall, in 1986 the Chambers of Commerce of Kenai and Soldotna as well as the cities of Kenai and Soldotna, joined in a combined effort to prepare to bid to host the "1988 Arctic Winter Games" here in the Central Peninsula. As you know, our efforts were to no avail when the Alaska State Legislature officially supported the bid from the Municipality of Fairbanks as well as granted State monies to Fairbanks with which to host the Games. We have once again been contacted by members of the Board of the Arctic Winter Games and asked that consideration be given to proceed with submission of a bid for the 1992 Arctic Winter Games. In discussions with Fairbanks, it appears that the State of Alaska has set a precedent in the past with allocation in the amount of $500,000 to $700,000 to the hosting communities. However, much effort and cost will be involved in the preparation and planning for the 1,000+ participants in the Games. Therefore, it is our intent to officially request approval from both the cities ,,of Kenai and Soldotna as well as the Chambers of Commerce, to proceed with the development and submission of a bid to host the upcoming Arctic Winter Games when they return to Alaska. Please advise as that will prove area. RFW:sc soon as possible if we may expect your support in this effort o be an exciting and beneficial event for the Central Peninsula Sincerely, Robert F. Williams, President 11 • 7 2 3.199:1 13-a CITY OF K % %Od (?ajoiW oi 4" 1 " 210 FIDALGO KOM, ALASKA Onii TELEPHONE 203 - 7535 MEMORANDUM TO: Mayor John J. Williams and Kenai City Council FROM: Kim Howard, Administrative Assistant VIK DATE: September 29, 1989 RE: Larry Powers and request to lease tidelands Tract C, Kenai Tidelands Survey No. Z For your information I have done a synopsis of Mr. Powers' request to lease tidelands. Attached is a map of the area. Approx. 8/4/88 Mr. Powers inquired about leasing tidelands from City 8/10/88 Planning & Zoning approved concept of leasing these tidelands 8/15/88 Harbor Commission approved concept of leasing these tidelands 8/17/88 City Council approved concept of leasing these tidelands 8/23 & 9/15/88 Advertised that applications will be accepted for 30 days (until 9/23/88). (KMC 11.20.040) 9/23/88 Larry Powers submits only application with $100 filing fee and $250 performance bond. 9/29/88 Advertised that application had been received and dates of public hearings. (KMC 11.20.080) 9/28/88 Appraisal ordered at a cost of $450 for Mr. Powers' portion. (The appraisal cost of $900 was split between Powers and Royal Pacific Fisheries who filed an application to lease the adjoining lands.) 9/30/88 Survey ordered at a cost of $1,550 for Mr. Powers' portion. (The survey cost of $3,000 split between Powers and Royal Pacific.) 10/12/88 Planning & Zoning approved lease application -1- 10/17/88 Harbor Commission approved lease application provided that drawings of the project be presented to the City engineers for approval. Mr. Powers was present at this meeting. 10/19/88 Council approved a 55 year lease application, contingent upon Administration approving the drawi "and everything." Mr. Powers Was present at this meeting also. 10/21/88 Appraisal sent to Mr. Powers with a letter asking him to provide City with a drawing of the project, stamped by an engineer, and a copy of his Corps permit. 11/17/88 Copy of preliminary plat sent to Mr. Powers and letter identifying lease rate. Mr. Powers is notified again that he needs to provide City with a drawing of the project, stamped by an engineer, and a copy of his Corps permit. 1/27/89 Lease sent by certified mail to Mr. Powers for execution. He is asked to return documents and: Feb. 15 - June 30 rent $ 686.54 (includes 5% sales tax) His portion of surveying costs 1,550.00 His portion of appraisal costs 450.00 Total $2,686.54 He is requested again to provide the City with a copy of the drawing, stamped by an engineer, and a copy of his Corps permit. He is told that failure to return these documents within fourteen days shall result in the forfeiture of all leasing rights (KMC 21.10.140) 2/3/89 Mr. Powers telephoned me. He said he didn't want to lease the property until Spring. He said he would only like to lease the property for the months of May through August, for 55 years. He said that it was impossible for him to get the required drawings to us in fourteen days. He spoke with the City Manager and was told this was unacceptable. -2- 9/12/89 Mr. Powers telephoned me. He asked if anyone had leased the tidelands. I told him no, and he told me he would now like to lease it. 9/19/89 Certified letter sent to Mr. Powers. (See attachment #1) 9/26/89 Mr. Powers telephoned. (See attachment #2) 9/28/89 Letter from appraiser giving cost estimate of updated appraisal (See attachment #3). KMC 21.10.040 states "The application shall expire within six months after the application has been made if a lease has not been entered into between the City and the applicant by that time." KMC 21.10.090 states "No land shall be leased, or a renewal lease issued, unless the same has been appraised within a six month period prior to the date fixed for beginning of the term of the lease or renewal lease." The above provisions of the Code are from Title 21 which deal with the leasing of Airport Lands. It is, however, the policy used for the leasing of ail lands. Attachments /k -3- WP50\LEASES\POWERS.2 / 2 0 1Dco OD / 03 OD U U 00 m;. / N N � / / 1 \ 9 / \ / 1 9 �o s /p0 ;�" •�S / In InCD ca iJ N \ 91 2 4O p/ �1 �y/6 o 0 m \ �� � `� •y \gym � Q � 6,y `(� N .S F� a �ti po N �1. •Z'IbZI 919 N i2• s t '.I M„GI,OZ000N on . S N Ip vp r o v //.o' r c C� 31 72 33 . Ae 2 K•nol SO•I T6N PQQ`o4. / T 5 N 3 / \ W KR'IT VER PLAT •cuw p poaa v I I /c'( 19 I I 17 16 / I IIEN.�I CITY LIM TS VICINITY MAP \d CITY OF KENAI „OTC edpdal 4 4,4�"d„ 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283-7S35 September 19, 1989 Larry B. Powers P.O. Box 67 Kenai, AK 99611 Re: Lease of Tidelands Tract C, Kenai Tidelands Survey No. 2 Dear Mr. Powers: I spoke with Mr. Brighton, Kenai.City Manager, regarding our telephone conversation of September 12 in which you indicated you would like to lease the above -referenced tidelands. You submitted an application for the same property in September of 1988. As a result of your previous application, a lease document was mailed to you for your signature on January 27, 1989. You failed to execute and return that lease within fourteen days. You forfeited your lease rights due to this failure (KMC 21.10.140). You also failed to provide the City with a drawing of the project, stamped by an engineer, and a copy of your Corps permit. Enclosed for your information is Chapter 11.20 of the Kenai Municipal Code, Leasing of Tidelands. Pursuant to KMC 11.20.040, the referenced tidelands have been classified for leasing. This section of the Code requires that before accepting applications for leasing tidelands, availability must be advertised. After you submit to the City a written notice that you wish to lease A: this property, I will proceed with the required advertising. 4 .:.'• Once the availability is advertised, you may file an application in accordance with KMC 11.20.050. A new filing fee and performance bond must be submitted with your application. Tideland lease applications must be reviewed by the Planning and Zoning Commission, the Harbor Commission and finally the City Council pursuant to KMC 11.20.070. i The previous appraisal for this property has expired. A new appraisal is necessary. The cost of the appraisal is estimated w at approximately $750.00. After the applicant has paid the city for the appraisal, the City will order an appraisal from a qualified appraiser. A drawing of the project, stamped by an engineer, and a copy of your Corps permit must also be submitted to the City prior to lease approval. If you have any questions, please do not hesitate to contact this office in writing. Sincerely, /1� 517 Rim Howard Administrative Assistant cc: Wm. J. Brighton, City Manager Timothy J. Rogers, City Attorney Keith Kornelis, Public Works Director Enclosure LEASES\POWERS.LTR PS Form »00, Junl98s 0 G §0 2{ 2 ` 7 ■ k� »J Ek 3 3� /CL t [ --�. .g ; o$ `} - 5 < M -r 0 m l9'a , Er � SE,§ 2 0 lb rn a`� LLJ >K§ - `■ � � r 11 mw.1 B f LLULP. 00■ ^. ■ m �� - f» i /7f MEMORANDUM TO: Wm. J. Brighton, City Manager FROM: Kim Howard, Administrative Assistant DATE: September 26, 1989 RE: Telephone conversation with Larry Powers This morning Carol transferred a call to me from Larry Powers. He had indicated to her that he wished to speak to you. I told him that you were out of town this week and that you would be back in the office on Monday. z He asked me if the City Council was meeting next week and I told him yes. He said he would like to be put on the agenda to request an update on the appraisal that has expired. He went on to say that an updated letter would cost less than a full appraisal and would take less time. He said he wanted to enter into a lease by October 24. He said if he didn't get a lease he would use the property next summer without a lease and get a lease next fall. He also said that after we didn't give him a lease last year, because he didn't have it back to us in fourteen days, he spoke with all the Council. He said that they all agreed that they would not lease the property to anybody but him. I told him returning the executed lease within fourteen days was a Code requirement and that it was our policy whenever we sent out a lease for execution. I told him that it would still need to be advertised and I wasn't sure of the specifics of the advertising without checking the Code. I told Mr. Powers that you could make the decision whether to accept an updated appraisal, and this item could be pulled from the agenda if he wanted. I also told him that if he had any ~' information for the Council we would need it no later than noon on Friday. He said he would have it to us on Wednesday or Thursday. His telephone number is 283-5828. I asked the Clerk to place on the agenda for the October 4 meeting, "Larry Powers - request for appraisal update on Tidelands." r After this telephone conversation I called Frykholm & Schaafsma Appraisers and left a message for John Cristiano to return my call. He is the person that appraised the property. I intend to ask him if he thought an updated appraisal could be done and what he expected the cost to be. cc: Charles Brown, Acting City Manager /kh LEASES\POWERS.MEM FliYKHOLM & SCHAAFS A APPRAISAL 189 South ®inkely, Suite 101 Soldotna, Alaska 99669 �^ 262-5822 1 E. _... September 28, 1989 .1 J Ms. Kim Howard, Administrative -Assistant city of Kenai 210 Fidalgo Street Kenai, Alaska 99611 Re: Letter Recertifying the value of a portion of Alaska Tidelands Survey 272, located within Section 4, Township 5 North, Range 11 West, S. B. & M., containing approximately 2.0 acres. Our Previous File No. K88-163 Dear Kim: The fee for a short letter recertifying the value of the above referenced 2 acre tidelands parcel would be $225.00. In this type of assignment I would perform a new site inspection and a limited market research of market activity regarding Kenai River tidelands and uplands in the area. If after this limited research it. is apparent that there has been no significant increase or decrease in the market value of the subject property, I will provide you with a brief letter referencing the previous appraisal report dated October 5, 1988, and recertifying that the value has not changed. If, as a result of the limited research, it is my opinion that the value has changed significantly, I will not provide you with a brief letter recertifying value, but will, upon your approval, provide you with a short narrative appraisal similar in scope to the previous file K88-163 for a fee not to exceed $450.00. The time frame for either the letter recertifying the value or the short narrative report would be 1 to 2 weeks from the date of your request. If you have any further questions, please call me. Respectfully submitted, FRYKROLM & SCHAAFSMA APPRAISAL o der ano IApa Q .-/ Suggested by: Planning & Zoning Commission City of Kenai ORDINANCE NO. 1333-69 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AMENDING THE OFFICIAL CITY OF KENAI ZONING MAP FOR GOVERNMENT LOT 44, SECTION 34, T6N, R11W, S.M. FROM SUBURBAN RESIDENTIAL (RS) TO GENERAL COMMERCIAL (CG). WHEREAS, KMC 14.20.270 establishes a procedure to amend the Official Zoning Map of the City of Kenai, and WHEREAS, the Official City of Kenai Zoning Map depicts lands described as Government Lot 44, Section 34, T6N, R11W, S.M. as Suburban Residential (RS), and WHEREAS, the owner of the property has submitted a petition for the rezoning of the described lands to the General Commercial (CG) designation, and WHEREAS, the Land Use Plan of the Comprehensive Plan dated 1980 designates this area to be Medium Density Residential, and WHEREAS, the Kenai Planning & Zoning Commission held a public hearing on July 26, 1989 for the purpose of reviewing this application, and as a result of this hearing are recommending that the property remain in the Suburban Residential f.• (RS) designation and to the Kenai Peninsula Borough that the Land Use Plan remain in the Medium Density Residential designation. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA as follows: Section 1: Subject property consisting of those lands depicted in Attachment A and described as Government Lot 44, Section 34, T6N, R11W, S.M. are hereby rezoned to General Commercial (CG). PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 4th day of October, 1989. JOHN J. WILLIAMS, MAYOR ATTEST: Janet Ruotsa a, City Clerk First Reading: Second Reading: Third Reading: Fourth Reading: Effective Date: r", jal August 2, 1989 August 16, 1989 September 6, 1989 October 4, 1989 November 4, 1989 Atac,,,hmerii A RR 27 26 34 35 „ u i2 9 �' 1T 0 20 qTTF OF PTZnPOqPn RF _ - - - - 30 - � � _ - - -•2� _ � - -- 21 • I 1 � KAF EN I 1 R5 SUB, I 0+ .. � I . 2 3 6 69 �' �\ • c � 1 5 6 10 A L I A K S T ---- ---. _. lc aRIX* --D A— _ 1 43 105 101 SWIRES f ELEMEN TRY 126 TRACT-1 ; ,.0 r A r. 13o 127 lot ISO TA, TA f i 154� I T A DNS 296' 0" AttxAmen-t B 292. 2" 289' 5" 281.3' X 140' = 39,382 50 FT + 281.3' X 23' = 6,470 SO FT FOR A TOTAL OF 45,852 SO FT OR APPROX 1.05 ACRE THIS AREA T 0 BE REZONED GENERAL COMMERCIAL APPROX. 56,000 FT. 30. THIS PORTION TO REMAIN RESIDENTIAL 100' 0" APPROX 28,130 50 FT OR 0.65 ACRES 240' 0" 282' 0" lb -o- 50' 0" -► 1791-1881 CITY OF KENAI "Od igajaiiai 4 4"" 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 263. 7535 FAX 907.283-3014 MEMORANDUM TO: Mayor Williams and City Council FROM: Chairman Nault and Planning & Zoning Commissioners Janet Loper, Planning Specialist DATE: July 28, 1989 RE: Ordinance 1333-89: Amending the Official City of Kenai Zoning Map for Government Lot 44, Section 34, T6N, R11W, S.M. from (RS) to (CG) The Kenai Planning & Zoning Commission held a public hearing regarding the above referenced petition for rezoning on -July 26, 1989. As a result of that public hearing, the Commission failed to pass the resolution which would recommend the change in zone. A copy of the unapproved minutes is attached at the end of this material. Twelve certified notices were sent out to property owners within 300, of the proposed rezoning. Four letters were received from residents in the area in protest based on the fact that the area, while partially zoned general commercial in one area, is developing primarily as a residential area, particularly since the advent of the elementary school and another general commercial designation would impact that residential development to a greater degree. The Commission agreed with this reasoning and further recommended that "strip" zoning would be inappropriate until the Commission and Council could set a policy on development of the Kenai Spur Highway corridor. CITY OF KENAI ADVISORY PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ 4y-J0 A RESOLUTION OF THE ADVISORY PL & ZONING COMMISSION ITY OF KENAI RECOMMENDING (APPROVAL)- iAL) OF THE REQUESTED EZONIN (LAND USE PLAN AMENDMENT) SUBMITTED BY eV (Applicant-) FOR WHEREAS, the Commission finds the following: I. The subject property is currently zoned, 2. The present land use.p an designation of the subject property is 3. The proposed (ZONING DISTRICT) (LAND USE PLAN DESIGNATION) for the affected property is 9 4. An appropriate publ}ic hearing as required has been conducted by the Commission on 7/i.2/r 7 5. That the following additional facts have been found to exist: ! cSE e- NOW, THEREFORE BE IT RESOLVED, by the Advisa anning & Zoning Commission of the City of Kenai that the petitioned :Z (LAND USE PLAN AMENDMENT) is hereby (RECOMMENDED) OTT RE to the Kenai City Council. PASSED by the Advisory Plan 'ng & Zoning Commission of the City of Kenai, Alaska, this day of19--¢¢�. "-- , 0 . Chairman ATTEST: Planning Sec r 8/84 CITY OF KENAI REZONING APPLICATION DATE: fo - 20 49 1. PETITIONER: Saxvtc.� AND 2. ADDRESS: A- _Ala::s., T PHONE: 2-$ 3 - 7q0 / 3. WRITTEN SIGNATURES: 4. LEGAL DESCRIPTION: PRESENT ZONE: '"""`�""`" j' S✓ PROPOSED ZONE: INTENDED USE AND/OR REASON FOR REZONING: 8. REZONING CHECKLIST: a. map b. signatures �lication osit/advertising fee ($200) form or letter L;M 12 10, qi 17 18 19 20 7T_ so 27 25 24' 23 v 21 cl. RI 27, 26 24 G/BSON suso/vjsjov 51 0 r— vERi 12� 1. 2.01.000 k 2.402,WO wayr., D•MW aw+r• .. _i _ Y " @~ _. � Lsr+d Ues '?Ian t+�o - :. - OD USINES _ MEN M ,. ,two ME ,.Mimi rim MENi ARNE IFE"No 4 ■ 3 r M r N M • r . N r N r wm. L e7- v July 25, 1989 To Whom It May Concern: I currently live at 1901 East Aliak, Kenai. I feel the lot 44 Section 34, T6N R11W S.M. located South of the Spur should stay residental. Just alittle ways down the steet' is Swires School. Already there is alot of traffic with school buses, children walking to and from school. This is a simi quiet residental area if you open it up to business, traffic will dick up and the neighborhood value will go down cause it will be considered a business area also.. The atmosphere -of the school will go down cause any business can build on the other lot; quick stop ect. I feel it should stay the way it is now, a residental area like the rest of the lots are considered. Than k -you, LL),C�� Arlene Larson CEO �^, r�,��. - v ; ; Lc yL,� i��iC % Lf �`�� c►_ -L <// T6 (IVJ dt cz. Cr G ( �•,.c. �� �G' t L t July 17, 1989 Ms. Janet A. Loper CITY OF KENAI PLANNING AND ZONING COMMISSION 210 Fidalgo Kenai, Ak 99611 RE: REZONING OF GOVERNMENT LOT #44, SECTION #34, T6N, R11W, S.M., OWNED BY SAMUEL F. AND MAGDA E. MAGUIRE. Dear Planning and Zoning Commissioners: We feel that there is plenty of commercial property along the Kenai Spur Hwy that is vacant at the present time. Until this property is used, we don't feel that there is any need for more zoning of commercial property. Thank you for your consideration of these comments. Sincerely, Bill E. and Brenda M. Zubeck BEZ/rr C, I v 043 On\3 ae 5 To KENAI PLANNING & ZONING COMMISSION July 26, 1989 - 7:00 P.M. City Hall Council Chambers Pat Nault, Chairman 1. ROLL CALL Present: Nault, Bryson, Bannock, Brown, Glick, Walker Absent: O'Reilly (excused) 2. APPROVAL OF AGENDA Add letter from the Kenai Peninsula Borough regarding proposed ordinance. MOTION: Commissioner Bryson moved approval of the amended agenda, seconded by Commissioner Walker VOTE: Approved by unanimous consent 3. PERSONS PRESENT.SCHEDULED TO BE HEARD None 4. PUBLIC HEARINGS a. Resolution 89-8: Rezone Govt. Lot 44, Section 34, from Suburban Residential (RS) to General Commercial (CG) -_Maguire Planning Specialist Loper explained that four letters had been received from residents in the area since packet time and they have been distributed to the Commissioners and asked that they be entered into the record. Chairman Nault so ordered. The Commission read through the letters. Chairman Nault opened the item for public discussion. Mr. Samuel Maguire came forward to present his petition. "I asked for the rezoning so that I could put a commercial building in there, which right now we're in a mall in Kenai, Maggies Trading Post. I'd like to rebut •these letters. The first one from Richard and Laura Clark is a bit nebulous when across the Spur Highway is commercial and to the right side is commercial and access to my property would be by Spur Highway, not by Swires Street. Therefore, I wouldn't in any way be bothering their residential area. Having commercial property -that close to them, I assume they must be people living on Aliak. I would be no closer to them than Zubeck would and I really can't see why Mr. Zubeck would become a party to this seeing as when across Swires Road from me has an entire block of commercial property starting at Spur Highway and going well down, I don't know far his property goes but he's been in there commercial for years. KENAI PLANNING & ZONING COMMISSION July 27, 1989 Page 2 And yet he's become a party to it also by one of these letters saying that there's plenty of commercial property along Spur Highway. Yes there is, but there's none within reason as far as I'm concerned. There's nothing that I can afford". "I've been in business here for years and I see my businesses going and I'm trying to help myself and Mr. Zubeck who's fairly well already got it going is opposed to it. I have no idea who Arlene Larson is, she's living on East Aliak and again my answer to her is the same thing. Access to my business will be Spur Highway. In fact, if I do go commercial on it I'll tear the two buildings that are there that are eyesores to them, I'll tear them down and remove them completely. The fourth one, Mr. Doyle, I can understand why Mr. Doyle is unhappy because the man I bought from had entered into a business proposition with him which fell through. And the only one that I can see that really has a legitimate complaint is Mr. Doyle because I will be going commercial on a property that I think he had hoped to enjoin. The paper work that I saw showed he put an awful lot of money into subdividing that into residential lots. Now that was with the previous owner,, that's not with me. And I have no desire to go into residential lots, I don't think anybody in the City of Kenai has a desire to go into residential lots at this time." "I'm asking that you use a little common sense here and realize that the only one that I see that has any real basis is Mr. Doyle. The others, I don't think they have a reason to keep me from being able to put my business in there. As far as it not being business now, no that corner's not business or I wouldn't be asking for the rezoning. But across the street on Swires side, there's an awful lot of business and across the street from me on Spur Highway is an awful lot." Commissioner Brown: When you say across the street of Swires are you talking about Mr. Zubeck's property? Mr.Maguire: He's got, I would say many acres of property there that's commercial. I hope its commercial. I hope he's not using it in a commercial sense in a residential area. I don't know for fact that it is. But I believe it is. Planning Specialist Loper: Zubeck property is commercial. Mr. Maguire: See there's general commercial all the way around me except for Mr. Doyle's property which is on Swires Road just south of me. And he's a little upset with me because I won't buy his property. NOTE: Commissioner Glick joined the meeting at this point. Commissioner Bryson: From the zoning map that we have before us, it appears as though general commercial is existing across from you is across Swires Road and the north of you across the highway is rural residential. Mr. Maguire: Oh, I'm sorry, I misunderstood. Commissioner Bryson: Have you applied to the State of Alaska for an access off the Spur Highway? Mr. Maguire: There is access. I have access, there is a culvert and everything right there. Commissioner Bryson: Okay. I KENAI PLANNING & ZONING COMMISSION July 27, 1989 Page 3 didn't feel that they would give you access if they had Swires Drive there that you fronted on if you didn't already have access. Mr. Maguire: I'm not sure its asphalt, I'm not sure if any of them are asphalt, but there is an access from Spur Highway and that's what I intended to use, the northwest section and the rest of it I'll leave vacant. I would have been real happy to take any reasonable commercial property from where the boat sales is there all the way to town and up and down Kalifonsky Beach Road and the only thing I found that was any way near reasonable was one piece over on Kalifonsky Beach Road and that fell through. The bank took it over and the bank had much more on it than anybody could handle. I've been looking for over a year for commercial property and I just can't see the price they're asking for it. Yes, like Mr. Zubeck says, there is property for sale, but anybody that can pay $40,000 per acre ... its not me. Commissioner Bannock: How does this business qualify right now. Is there a business there right now? Planning Specialist Loper: There are two small buildings there now. Commissioner Bryson: A guide lived there last year. Mr. Maguire: Yes, he's living there again this year. I inherited him. These two buildings I intend.to tear down and building a good structure on the front side. I have the ability to build a substantial structure. Mr. Maguire: As far as adding traffic to the residential area there, no I wouldn't add any traffic because I'd be coming off the Spur Highway. And I've got a screen of trees behind me, they wouldn't even see me, I don't know if it would affect Mr. Doyle's property or not. Planning Specialist Loper: If I may, I think from the letters, what most of the residents there are worried about is general commercial in its broad sense is quick stops, 7-111s, gas stations, or any number of businesses. Mr. Maguire: Is there another commercial designation? Planning Specialist Loper: No. So what that means is you know what you want to put there, something low key, but once it goes commercial you can put anything you want there. You have a desire for one specific business, and that may not hold true forever. I think perhaps that is what they are worried about. Mr. Maguire: I don't think they're going to stop the development of the Spur Highway area once we recover our economy. Planning Specialist Loper: One of the -things this Commission has been looking in developing the Comprehensive Plan is the Spur Highway corridor, how it should be developed, because when you move out and away from the central business district you diversifying your commercial sector it spreads businesses and in some cases this is good, however, some advantages are lost. The thing this Commission can look at is the buffer strip you mentioned. There is a provision in the code that provides a buffer between commercial and residential neighborhoods as you mentioned. Mr. Maguire: I would be willing to save the south half of the two acres would remain vacant. I don't know how you could zone half of a lot one way and half the other. Planning Specialist Loper: Well you couldn't do KENAI PLANNING & ZONING COMMISSION July 27, 1989 Page 4 that and meet the criteria any way. The code specifically states that your lot must be one acre or more. Mr. Maguire: I intend, in the future, to put my own house in that rear section. Planning Specialist Loper: That you couldn't do. Once its rezoned to the commercial designation you could not build a building with a residential use. Mr. Maguire: Oh, this is something I didn't know and I had intended to do. So that would still be fine, we have a local house a couple blocks away. We had thought about incorporating all of it. I have another lot over there I could build on. Commissioner Walker: Where is your house from here. Mr. Maguire: I'm at 1308 Kaknu. Commissioner Walker: Is it adjacent to this property: Answer no. We're in the process of trying to pick up the space next to us as soon as the bank is through. Commissioner Bannock: Looking at this map, do we know where the other persons writing the letters live? Planning Specialist Loper went over the ownership of property comparing them to the writers of the letters with the Commissioners. Mr. Maguire: I wouldn't be a bit adverse to putting some kind of stipulation on the south half. I intend, and its the only way I can do it to get water and sewer on my property, to dedicate a piece across the ,. back. There is a problem with water & sewer that Mr. Doyle doesn't recognize and its going to cost him a good chunk of money if I don't bring water and sewer across my property. The water and sewer was stubbed in for their subdivision and a dedicated road there. This is what I'm told. I do know that my property line is south of the water and sewer and I've been told by the people upstairs that if this isn't how it is an me coming straight off the end of the water across my property and then bringing water up into my property I've got to pay $2500 to have a manhole put in so that the sewer can be diverted 90 degrees to the way its running now. I intend to take 12' across the back of the property and dedicate that to bring the water & sewer in. I would like to do this with Mr. Doyle, but I'm going to do it in spite of him if I have to. If you rezone it the way I want it, then I'll bring the water & sewer in, if you don't, I'm going to back off. Chairman Nault called for further comments, there were none. The issue returns to the Commission. Commissioner Glick: In reviewing the packet, I looked up some of my old minutes from several years ago and it appears that this Commission, in the past, has rejected strip zoning and basically that's what we're doing is strip zoning if we start changing properties to commercial. From Swires to Princess there isn't any commercial properties with the exception of Doyles and that's been there for 30 years and he's grandfathered in when zoning was put in. In everything that you read about planning & zoning, to strip zoning is not good planning. Those sites on the other side of r the road, that are commercial, are the same. Most of those were grandfathered because they had been there for several years. A lot of that land between there and Beaver Loop started out being residential then some of it, over the years was changed. KENAI PLANNING & ZONING COMMISSION July 27, 1989 Page 5 I've known Mr. Maguire for a long time and nothing against you, but looking back at everything I see is strip zoning is not a good idea. Especially when that whole area has been residential. I've talked to some of the people that live on ALiak, they probably didn't even get notices because you only send notices to people right around the area and most of them are saying we don't want any commercial business in this whole area. I guess I would have to be against it based on the fact that I don't like strip zoning. I don't think its good planning. And the second reason is that people in that area generally don't want to see commercial businesses. An example would be out in Thompson Park. Everyone thought that was residential until someone bought the property and built the quick stop. And there is a strip through there that several years was left in commercial. All those people though they were residential so I hate to see us doing strip zoning. Commissioner Bannock asked questions regarding the notices sent out. There were 12. This has come up in the past before and we've kind of let public response dictate to an extent and I thought we had talked to rezoning to a certain percentage of people had to be in agreement. Planning Specialist Loper: You had talked about it but there is no rule. Commissioner Bannock: We had a situation a few weeks ago that the only response was negative so it could be taken to say that the owners of the property either don't object or just didn't take the time to respond to it. But we did have four different people speaking out against it so I have to follow Carl for just a little bit and secondly, taking a look at the other map where it shows the different zones, I don't know that I want to be the one that starts doing the cutting in here, indenting there, a spot here and an acre there. Commissioner Brown: If this was denied would he be able to file for a conditional use permit where you could restrict the use? The Commission discussed this at length with no decision. Commissioner Bannock: From the letters, I don't think your neighbors have any real spite against Maggies Trading Post. I think, from the letters, you neighbors have a major hang up with it being turned into a commercial neighborhood, open for any kind of development that could ever want to happen. Commissioner Bannock: As an opinion, I really don't have a problem with either a home occupation or a conditional use. My only problem is changing zones. Commissioner Walker: I understand Mr. Glick's point of view on the strip zoning, however, I do not share the same opinion. To me, along the highway is not an appropriate place to have residential zoning. You don't want children close to the highway. To me an appropriate place for a business is on the highway. It would be nice to have all our businesses right in town. I also understand the applicant's position that some of the commercial property is quite expensive. I would like to state that since there is commercial property around his, across the road and close, and perhaps if we put up some buffer zones and perhaps allow at least some KENAI PLANNING & ZONING COMMISSION July 27, 1989 Page 6 be discussing in our comprehensive plan. There should be some places up and down the highway that would be suitable for residential and some for commercial. Planning Specialist Loper referred the Commission to a section of the current approved Comprehensive Plan (1979) which stated that a large commercial shopping center was planned for the intersection of Beaver Loop Road and Spur Highway. Only an informational item. The Plan speaks to other development along the Spur Highway, mostly commercial but not really recommending. Commissioner Bryson: My basic concern is spreading out the general commercial areas whether its to be east or west. There is adequate commercial property and I believe the Plan gives an estimate of how much commercial property is available and during what period of time. The problem I see with this area is that it is developed as a residential community which might not be the case further east beyond this immediate area. Commissioner Brown: I would think that there would be a problem with spreading out the commercial zone, for the type of business he's talking about, however, by rezoning it to general commercial you're never assured of what's going to be built there. However, I've been in a lot of cities where there is strip zoning along the highways as long as you provide some buffer between the commercial and residential. I believe it would be appropriate as long as the owner didn't have a problem with the green strip on the south side of the property. MOTION: Commissioner Brown moved to approved PZ89-8, rezoning Govt Lot 44, Section 34 from RS to CG with the condition that the buffer zone no less than 30' wide be provided for along the south and west boundaries of the property, seconded by Commissioner Glick Commissioner Bannock: That's okay, and it will protect the neighbors but still that goes back to the general question. What are we going to do when another neighbor wants another lot zoned commercial two blocks away. That makes a patchwork. I suggested a long time ago, facetiously when we had • so many gravel pit permits, why don't we turn the entire inner loop of Beaver Loop into a commercial zone to eliminate this, because about the only thing that was there were gravel pits. And if we start doing these pieces together, what about the people that really do want to live in there and really do like their residential neighborhood and its very possible we could box someone in on four sides with general commercial. If it is the Commission's desire to turn the corridor of the Spur Highway into general commercial that would be one thing but to do it one block at time or one lot at a time I think is a crime. Commissioner Bryson: I feel the inclusion of a buffer in the motion is inappropriate. I don't think that's in our authority to act on. MOTION AMENDMENT: KENAI PLANNING & ZONING COMMISSION July 27, 1989 Page 7 Commissioner Bryson moved to amend the motion by striking the reference to a buffer, seconded by Commissioner Glick Commissioner Bannock: Why don't you think it's appropriate. Commissioner Bryson: I think its mainly from the legal standpoint, we don't have that flexibility. We either approve a rezoning or we don't. Any buffer would have to be addressed through the platting procedure or any other means or legal document. Commissioner Glick: How was a buffer done in other situations? Chairman Nault: Those were conditional uses I think. Commission Glick: Not the parcel over by Mega. There was supposed to be a buffer between them and the apartment and there never was one. Commissioner Bryson: That was City property and the City was subdividing it and probably on the deed itself. VOTE AMENDMENT: Chairman Nault - yes Commissioner Bryson - yes Commissioner Bannock - yes Commissioner Brown - no Commissioner Walker - no Commissioner Glick - no Tie vote fails VOTE MAIN MOTION: Commissioner Bryson - no Commissioner Bannock - no Commissioner Brown - yes Commissioner Glick - no Commissioner Walker - yes Chairman Nault - no Motion Fails 1791-1981 CITY OF KENAI „ail G'42.)a1 4 4" It 01 210 FIDALGO KENAI, ALASKA 9W1 TELEPHONE 983.7535 FAX 907-283-3014 MEMO RANDUM TO: Mayor Williams and Council Members FROM: Janet Loper, Planning Specialist DATE: August 25, 1989 RE: Ordinance 1333-89: Petition to Amend the City of Kenai Off ical Zoning Map by Rezoning Gov't Lot 44, Sec. 34 to General Commercial (CG) - McGuire The Kenai Planning & Zoning Commission held a public hearing on the amended petition on Wednesday, August 23, 1989. The Commission voted 3 to 2 to recommend the rezoning to the General Commercial (CG) designation. A copy of the resolution, the unapproved minutes, and the proposed development design (not a preliminary plat - hand drafted by the peitioner) of that lot are attached. jal KE NA I P LANN = NG & ZONING COMM = S S 2 ON August 23, 1989 - 7:00 P.M. City Hall Council Chambers Pat Nault, Chairman 1. ROLL CALL Present: Bryson, Brown, Glick, Gilman, Walker Absent: Nault, Bannock (excused) NOTE: Commissioner Bannock arrived after the meeting. Also, Margaret O'Reilly is now Mrs. Margaret Gilman. The name change is reflected throughout the minutes. 2. APPROVAL OF AGENDA Agenda approved as submitted 3. PERSONS PRESENT SCHEDULED TO BE HEARD None 4. PUBLIC HEARINGS a. Resolution PZ89-13: Rezone Govt Lot 34, Sec. 34, - From Suburban Residential (RS) to General Commercial (CG) - Maguire Vice Chairman Bryson called for public comments. Mr. Samuel Maguire: I am the applicant. We went to the City Council last week and I guess what happened was this suggestion, this request. was turned in too late to get to the City Council so they asked us to come back here and talk to you people about it. I assume that what we're trying to do here ... due to the discussion at the last meeting, there seemed to be some discussion as to whether or not to zone part of this area residential and part of it commercial. I assume, because the City Attorney was there and he had talked to me about it, he didn't state that he had seen these papers, it would be permissible, under the application that I made, I asked specifically if I needed to make a new application and pay a new fee and I was told no, that under the present application we could introduce this. It does satisfy a couple of concerns. I have talked to Mr. Doyle who prepared this new design. This makes one of the other people who objected happy so that means that two of the four letters withdrawn. I am sure that when they find out that traffic will be coming on and off the Spur Highway that will make them happy. KENAI PLANNING & ZONING COMMISSION August 23, 1989 Page 2 I've looked around since the last meeting and the way I see it, if we don't go to strip zoning we're not going to have a lot of progress because we have just about everything that can be used up to the high school tied up. Contrary to the people who don't care for strip zoning I think that if these kids were playing on the street the way they've been playing on the street back in residential areas, we'd have a problem on the highway. So I do believe that a business district along the Spur Highway is the best use. If somebody builds a couple of houses up there and has small children along there you're going to start getting petitions to cut the speed limit down. With businesses you don't have that. Mr. Doyle is suggesting that I use approximately 110' of the south side of my property as two residential lots and he and I jointly bring water & sewer back to service his three lots and my two lots. Then I can use lot 4 for my house. Lot 5 would probably be sold. r The location of the store is going to depend on how it turns out once we get in there and actually start moving earth. Whether it will be located r. quite exactly where it is, it will be somewhere on that side of a commercial zone. We will use a single access on and off the highway. I will try to get the highway department to let me use a width that is a little wider than it is right now. Commissioner Brown: When we had this before us the last time it said that there was some question about the legalities about splitting the lot in half. I think it was more about the legality of having a buffer zone. I'm sorry, I didn't understand. I thought if we couldn't do the whole thing we couldn't do any of it. The City Attorney was sitting there and he's seen this because we had a discussion before hand about what was coming along here. I understand part of your concern about strip zoning, I know its bad. The gentleman that was sitting here was worried about somebody in a city lot getting blocked in by a bunch of commercial lots. He never looked to see that it was impossible down there for that to happen because everybody along the highway has a depth. I'm next to commercial, I've got a church across the street, I'm on the edge of a commercial area. Commissioner Brown: When we rezone something we would be rezoning the entire lot 44 which would include lot 4 and 5 since this lot 44 have not been subdivided. Vice Chairman Bryson: I would think you would have to make any rezoning contingent upon the creation of the lot. Mr. Maguire: As far as I'm concerned this lot 4 and 5 suits my purposes better because until the other night I didn't realize I couldn't put a house there. We're still not positive its going to wind up 5 lots. We're kind of asking you not to hold our feet to the fire. But it might wind up six lots. KENAI PLANNING & ZONING COMMISSION August 23, 1989 Page 3 Commissioner Brown: Do you have a plat that shows how deep this lot 44 is. Mr. Maguire produced a tax parcel map for use as a map depicting footages. Mr. Doyle discussed a previous platting of his property, however, the plat was never introduced to the City except for the purposes of stubbing in water & sewer. MOTION: Commissioner Brown moved approval of PZ89-13 described as a minimum of approximately 1 acre and a maximum of 1 1/4 acre of the northerly portion of BLM Lot 44, seconded by Commissioner Glick. Commissioner Gilman: I have trouble with the idea of strip zoning in the first place. I think that you should have all residential or all commercial. I see this leading to other businesses wanting to develop residential into commercial as well. And in that area I really don't see that. Vice Chairman Bryson: I share her concerns. At the last meeting we were talking about the conditional use approach also so that the area wouldn't be zoned commercial so he could go ahead with his proposed business so I lean that way. Commissioner Gilman: Is that something similar to issuing a permit for a bed & breakfast, the same theory? Vice Chairman Bryson: If the land use were approved he could build what was approved but it wouldn't open the area up to the broader sense of the commercial. Commissioner Glick: What do you think of this plan where he's going to break this piece out. Rather than rezone the whole thing. Vice Chairman Bryson: It apparently neutralizes the concern that the adjacent property owners are expressing. Mr. Doyle: Has this been done in the past, where residential has become commercial. Addressing Mrs. Gilman's concerns about strip zoning, it's one thing for Pete Zamarillo to put in a strip mall and another for a low key development. You can say its strip zoning but the way I see it as a developer is making residential property more valuable. Planning Specialist Loper: From the letters the concerns appeared to be from the standpoint that once the property is rezoned there is no control over the type of development. Mr. Doyle: I agree, if Mac sells in five years it could be a gas station. Commissioner Gilman: So if it were a conditional use than he couldn't sell it to someone who could turn it into a 7-11. Mr. Maguire: I thought at the last meeting you decided it couldn't be done. Planning Specialist Loper: I believe it's still being discussed. What the Commission has done in the past is issued conditional use permits to low key compatible businesses which are not addressed such as guide services. You have issued 5 of them. Vice Chairman Bryson: This sort of thing has been done in the past. As I remember Doyle's fuel service was rezoned and it operated under a conditional use for quite a long period of time. And then a year or two ago he rezoned it. KENAI PLANNING & ZONING COMMISSION August 23, 1989 Page 4 VOTE: Mr. Maguire: It sounds to me like nitpicking because if I wanted to buy a piece of Mr. Zubeck's property next door I can put in anything I want, and I'm trying to work with you people and I get told to go pay him $40,000 per acre so I can put anything on it I want. People can't stay downtown because they can't afford it. Mr. Maguire continued to discuss strip zoning at length. Commissioner Walker: I would like to see that happen, however, under the codes, as I read them, a conditional use is not a possibility because this is specifically a retail business. On the other hand, I see little or no reason if, subject to platting and approval of the plat, I see no reason why this buffer system would not work, and again, if his business is not there 20 years from now, there will be more and more zoning changes along that highway. As a citizen with small children I would never dream of having a house on that highway. It is logical for businesses. I understand it's nice to keep all your businesses in town, but that's not possible in all cases. It would probably be in our best interest to support this document. Commissioner Gilman: I have difficulty with the fact that there's an elementary school two blocks down. Commissioner Walker: Right across the road Mr. Zubeck has had that commercial property for many years and that didn't stop them from putting this elementary school in where there was already adjacent commercial property. I have trouble with commercial property on one side and not allowed on the other. The Commission discussed the size of the lot and surveying of the lot and description of the lot to be rezoned. The Commission agreed that the property would need to be surveyed in order to obtain an appropriate description to be rezoned. Motion passes Vice Chairman Bryson - no Commissioner Brown - yes Commissioner Glick - yes Commissioner Gilman - no Commissioner Walker - yes S. APPROVAL OF MINUTES of July 26 and August 9, 1989 Minutes were approved as submitted 6. OLD BUSINESS None 7. NEW BUSINESS None A�,t'achmorrt A RR 27 2 6 " 34 I 35 „ � e „ 12 9 n 13r 20 TTr nr Dpnpncrn rF9.0 N szs= � � — __ _— -2 a, __ — —2t t 1 , KAf EN 5 S 8. 1 1 9 6 to _..- ALIAK ST = 6 IC {t 6 mm- I tl� 99 105 lop $WIRES ELEMEN TRY TRACT-1 re t 126 p 13(1 121 . + 15d • ,O• 1�0 TA TA ! - - - --_-_ _— - �u.Lcc� _ ZdGa,& a ,40 &4Pa.e 76 r 2� 1 C - 10, Suggested by: Planning & Zoning Commission Substitute City of Kenai ORDINANCE NO. 1333-89 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AMENDING THE OFFICIAL CITY OF KENAI ZONING MAP FOR A PRELIMINARY PLAT ENTITLED "MAGUIRE SUBDIVISION" FROM SUBURBAN RESIDENTIAL (RS) TO GENERAL COMMERCIAL (CG) DESIGNATION. WHEREAS, KMC 14.20.270 establishes a procedure to amend the Official Zoning Map of the City of Kenai, and WHEREAS, by direction of Council, a preliminary plat entitled "Maguire Subdivision", depicting the desired lands to be rezoned has been submitted through the Kenai Peninsula Borough and was approved by the Kenai Planning and Zoning Commission on September 27, 1989, and WHEREAS, the Official City of Kenai Zoning Map depicts lands described by preliminary plat as "Maguire Subdivision", a subdivision of Government Lot 44, Section 34, T6N, R11W, S.M. as Suburban Residential (RS), and WHEREAS, the owner of the property has submitted a petition For the rezoning of Lot B, Maguire Subdivision, according to preliminary plat to the General Commercial (CG) designation, and WHEREAS, the Land Use Plan of the Comprehensive Plan dated 1980 designates this area to be Medium Density Residential, and WHEREAS, the Kenai Planning & Zoning Commission held a public hearing on July 26, 1989 and August 23, 1989 for the purpose of reviewing this application and an amended application. As a result of these hearings the Commission recommends that the property described as Lot B, Maguire Subdivision (according to preliminary plat) in Attachment A be rezoned from the Suburban Residential (RS) designation to the General Commercial (CG) designation. The Commission further recommends the Kenai Peninsula Borough amend the Kenai Land Use Plan accordingly. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA as follows: Section 1: Subject property described by preliminary plat as Maguire Subdivision and submitted as Attachment A, a subdivision of Government Lot 44, Section 34, TGN, R11W, S.M. are hereby rezoned to General Commercial (CG) upon the filing of said plat. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 4th day of October, 1989. JOHN J. WILLIAMS, MAYOR ATTEST: Janet Ruotsa a, City Clerk First Reading: Second Reading: Third Reading: Fourth Reading: Effective Date: jal August 2, 1989 August 16, 1989 September 6, 1989 October 4, 1989 November 4, 1989 ' CP�g-FIi.Eiq -; oy RELI MI N-APLY) M A G U I R E SUBDIVIS10N Comprised of 2. 420 SLM LOT-44 in the SE4 NE%4 Section 34 T.6 N., R.I I W., S.M., and in the City of Kenai , K. R. D., A I a s It a . Owner; Samuel F. Maguire and Magda E. Maguire 1308 Kaknu Way Kenai , AK. 99611 Surveyor : Terry T. Eastham R.L.S. 7629 , P.0.8.2891, Soldotna, AK. 99669 Drawn by T. E. September 1989 , Scale : I" = 1 00 CITY OF KENAI RESOLUTION NO. PZ KPB File No. A RESOLUTION OF THE ADVISORY PLANNING & ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING THAT THE ATTACHED SUBDIVISION PLAT BE APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: WHEREAS, the attached plat was referred to the City of Kena Adviso y lanning & Zoning Commission by �4 and received on n2/71' , and WHEREAS, the City of Kenai Advisory //Planning & Zoning Commission finds: 1. Plat area is zoned �GLIA6-1C ./L G'.�Jll�('lrLlli�, and therefore subject to said zone conditions, i 2. Water & sewer: 3. Plat (daes-} (r�oa�))' subdivide property within a pybli - improvement district subject to special assessments. There (is-)�(is note) a delinquency amount owed to the City of Kenai for the referenced property, 4. Installation Agreement or construction of improvements is (not) required prior to plat filing._ 5. Status of surrounding land is (n��(par ' ly)shown 6. Utility easements, if required, ar notj;shown 7. Any existing structures must he shown on plat. B. Street names designated on the plat are not; correct. 9. INCLUDE ANY STATENENTS ON ATTACHED STAFF COMMENT SHEET NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF KENAI ADVISORY PLANNING & ZONING COMMISSION that does recommend to the Kenai Peninsula Borough . Planning Commission approval subject to correction of any negative findings as stated above or on attached Staff Comment Sheet. PASSED BY THE ADVISORY PLANNING ZONING COMMISSION OF THE CITY OF KENAI, ALASKA this -� 7�Xi� day of 6 , 19d CHAIRMAN Planning Secretary RESOLUTION PZ SUBDIVISION CITY ENGINEER ..n> 4v w a Zo lzr0A.163 olvw._ Vt.'s BUILDING INSPECTOR ADMINISTRATIVE COMMENTS ,Q, o hI, 'h?5 a-c r6 s j L.0 4- - 13 40 pojicke 6uu 0,-A/a Luxav S-k,jke- PLANNING STAFF Ci PLANNING COMMISSION 1/86 PLANNING & ZONING COMMISSION September 27, 1989 Page 3 VOTE AMENDMENT: Motion fails - tie vote Vice Chair Bryson - yes Commissioner Bannock - no Commissioner Glick - no Commissioner Walker - yes VOTE MAIN MOTION: Motion passed unanimously Vice Chair Bryson discussed the early stages of discussion when the Commission was considering the encroachment problem. At one time the idea was to require surveying at the time of construction. Councilman Smalley stated that the initial fee for the permit was set at $500 which would have been the cost of surveying, however, due to strong opposition by contractors, the fee was dropped to the current $100. At one time a fine was considered, all the way to $500, however, Council rejected the idea and the encroachment permit was created with the $100 fee which pays for the advertising costs. b. Preliminary Plat PZ89-15: Maguire S/D Planning Specialist Loper explained that this plat comes at the request of Council. While the Commission had requested a plat, the only one submitted had been a computerized plat. The Council request was more specific and the owner complied. The engineers comments were discussed. Vice Chairman Bryson felt that in the event they carry through on their plans to replat they are going to have to put the water and sewer in. Commissioner Glick: The stub outs are at the southwest corner of Lot B right now. MOTION: Commissioner Walker moved to approve PZ89-15, Maguire S/D, seconded by Commissioner Glick VOTE: Motion passed unanimously by roll call vote 8. PLANNING a. Comp Plan Team Assignments There were no objections 9. REPORTS a. City Council Councilman Smalley reported on a presentation by Larry Smith regarding the closure of the Kenai landfill. The recommendation is that the Council will PLANNING & ZONING COMMISSION September 27, 1989 Page 2 5. APPROVAL OF MINUTES of September 13, 1989 MOTION: Commissioner Bannock moved approval of the minutes as submitted, seconded by Commissioner Walker VOTE: Motion passed by unanimous consent 6. OLD BUSINESS None 7. NEW BUSINESS a. Preliminary Plat PZ89-12: Replat Lots 51 & 52, Block 1, Redoubt Terrace S/D Planning Specialist Loper explained that the minutes of the last meeting revealed that no main motion had been made approving the plat. There were several amendments, however. Discussion followed regarding the staff comments on the plat since the plat and encroachment permit were no longer accompanying each other. Commissioner Walker felt that the last part of the statement presupposes that the permit will be approved. Planning Specialist Loper explained that the Borough will have no problem with the plat. That the encroachment is a City problem only in that we have zoning and the plat corrects, to an extent, a zoning problem. Even though the lot line is moved, there still is an encroachment. MOTION: Commissioner Bannock moved approval of PZ89-12 in the original form, seconded by Commissioner Glick Commissioner Walker indicated that he still felt uncomfortable with the wording of the staff comments. MOTION AMENDMENT: Commissioner Walker moved to amend by striking the phrase, "clears the title", seconded by Commissioner Glick. The Commission discussed the time frame for approval of the plat. It was pointed out that, as a plat it meets Borough standards and would probably be approved regardless of whether or not the Commission commented. i Commissioner Bannock asked why the plat was needed, answer because the lot line ran through the building. However, even moving the lot line, the building still lies well within the setback. The plat will correct one part of the encroachment, the permit will correct the other part. Suggested by: Administration City of Kenai ORDINANCE NO. 1341-89 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $1,102 IN THE "MISCELLANEOUS OLDER ALASKANS GRANTS" FUND. WHEREAS, the State of Alaska has awarded the City of Kenai a grant in the amount of $1,102 to be used for travel expenses and registration to attend a training conference for state project directors in Worcester, Massachusetts on November 2nd and 3rd, 1989. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: Misc. Older Alaskans Grants Fund Increase Estimate Revenues: State Training Grant $1,102 Increase Appropriations: Transportation $1,027 Miscellaneous 75 1 102 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 4th day of October, 1989. JOHN J. WILLIAMS, MAYOR ATTEST: Janet Ruotsala, City Clerk First Reading: September 20, 1989 Second Reading: October 4, 1989 Effective Date: October 4, 1989 Approved by Finance: C19a (9/8/89) jal C . -3 Suggested by: Council RESOLUTION NO. 89-71 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING LEASES FOR THE KENAI MUNICIPAL AIRPORT TERMINAL RESTAURANT AND BAR TO LOUIS AND THIEISOX SCHILLING AS Nam , . s t, * -40 „4"., WHEREAS, on two occasions the City has requested proposals to lease the restaurant and bar concessions and has received no responses; and WHEREAS, subsequent to the second solicitation of proposals, Louis and Therese Schilling proposed to lease the facilities under terms set out in their September 20, 1989 letter, and WHEREAS, the Council of the City of Kenai has determined that ( Louis and Therese Schilling's NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that leases of the KENAI MUNICIPAL AIRPORT TERMINAL RESTAURANT AND BAR concessions be awarded to LOUIS AND THERESE SCHXLLING as described in their-V"pasut dated PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 4th day of October, 1989. JOHN J. WILLIAMS, MAYOR ATTEST: Janet Ruotsala, City Clerk Approved by Finance: fc?d Atown AOL[., 47 Spur View Drive Kenai, Alaska 99611 907-283-3660 September 20, 1989 To: William Brighton City Manager City Of Kenai Re: Bid Offer For The Airport Restaurant & Lounge Dear Mr. Brighton: This is an offer to lease the cocktail lounge and restaurant at the Kenai Municipal Airport. It is our understandingthe tenant in the lounge and restaurant will be required to furnish all necessary furniture and seating. It is understood that the City would provide utilities i.e. electricity, sewer and water , all fixtures and valid liquor license free of all encru n-brance . As a tenant, we would agree to the conditions as established by the City for occupancy of the lounge and restaurant and would agree to compensate the City at the following monthly rates: Lounge: Restaurant: First 18 mos. period $ 1,250.00 $ 750.00 Next 12 months 1,750.00 1,000.00 Final 22 years 2,500.00 1,250.00 The above lease agreement would last for a total of five years, cancellable by the lessee at any time given thirty days advance written notification. Tenant would request that this agreement December 1, 1989. tenant also request the option to open the restaurant May 1, 1990 with lease and option to begin on said date, May 1, 1990, shortening the lease period for the restaurant only. 47 Spur View Drive Kenai, Alaska 99611 907-283-3660 As the proposed operation has been twice opened for bid, with no responce to either bidding processs, should a bidding process again be opened, I would find it necessary to decline all offers contained herein. It is my intention to maintain a first class operation in both bar and restaurant that will be benificial to the city and myself. Above all it is my desire to operate said facility with a client oriented service of only the highest moral and ethical standard. an operation of which the city will be proud. Thank you for your kindness and consideration. Sincerely, Louis & Therese S hill' g. j . / file #kA"X4-�&ffl &0" , d, a4&-1 P.O. Box 1080 Kenai, Alaska 99611 (907) 283-6060 Re: City Airport REstaurant and Lounge Att: Bill Brighton City Manager C'... 3 Dear Mr. Brighton, We would like to offer $800.00 per month for the restaurant facilities, and $1300.00 per month for the lounge area for the first eighteen months. Rent for the lounge would increase to $1800.00 and the restaurant to $1050.00 for the next twelve months. The remainder of the five years lease we would offer $2550.00 for the lounge and $1300.00 for the restaurant. Glenn W. Dobbe Vice -President King Oscar's Inc. 2.5 4 00 y01 0 6 g t - 3 Average rate/square foot Schillina Bar Restaurant King Oscar Bar Restaurant First 18 mo. $ 22,500 $ 13,500 $ 23,400 $ 14,400 Next 12 mo. 21,000 12,000 21,600 12,600 Last 30 mo. 75,000 37,500 76,500 39,000 60 mo. $118,500 $ 63,000 $121,500 $ 66,000 Sq. ft. _ 1,339 _ 2,049 _ 1,339 T 2,049 # of months - 60 - 60 - 60 - 60 Rate/ft. (ave.) $ 1.47 $ .51 $ 1.51 $ .54 Note: Schilling's proposed lease for the restaurant is for 55 months, not for 60. This reduces the above projected revenue for the Schilling restaurant lease by $3,750; and increases to $ .53 per foot (from $ .51). In the requests for proposals, the lease rate per square foot for the restaurant was $ .73, and for the bar was $1.87. The gift shop will be leased at $1.76 per square foot, without equipment. 179 C-3 CITY 0. %%Od C'ajw;1 4 4,"" 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907-283-3014 September 22, 1989 Date: - Time : �.' _ , Rec'd By: z--- Dale Dolifka, Atty. P.O. Box 1105 Kenai, AK 99611 Re: Proposed Lease Agreements Kenai Municipal Airport Restaurant and Bar Accompanying this letter are two proposed airport terminal leases. These leases include the terms of the offer made by your client, Louis Schilling at the September 20, 1989 Kenai City Council Meeting. We are submitting these documents to you for review after discussions with Mr. Schilling. In those discussions, Mr. Schilling stated that he is still using your services. I asked if we could submit the proposed documents directly to you for review; Mr. Schilling replied yes. We hope to prepare final documents for presentation to Council at their meeting of October 4, 1989. If approved, we can execute the leases immediately after an award of the premises by Council resolution. Please note that the changes made in the standard lease agreement, part of the former RFP, were modified by use of standard legislative form; the deleted materials are capitalized and bracketed, added materials are underlined. Be aware that we have made one addition not requested by your client. This addition is on page LCA-3 and provides janitorial services by the Lessee. The City Manager and Airport Manager requested this Dale Dolifka, Atty. September 22, 1989 Page 2 addition. All other changes are pursuant to requests of your client as presented to and acquiesced by the City Council at the meeting of September 20, 1989. CITY- OF M I I othy' Rogers City A torney TJR/clf Enclosures CITY OF KENAI .LNAI MUNICIPAL AIRPORT TERMINAL RESTAURANT LEASE AGREEMENT THIS LEASE, made and entered into this day of , 19 by and between the City of Kenai, hereinafter referred to as CITY, a body corporate under the laws of the State of Alaska, with offices at 210 Fidalgo Street, Kenai, Alaska, and IF hereinafter referred to as the LESSEE. WITNESSETH• That for and in consideration of the rent to be paid by LESSEE for the operation of the facility and surrender of the same in good condition to the CITY at the termination 0 h's lease and other consideration given by the LESSEE herein..:; hereby leases to the LESSEE, and LESSEE takes and leases 1n is" condition from the CITY, premises described and shown on the attachment labeled Exhibit "A" and made a part hereof, including all equipment and fixtures existing thereon, at the time of execution of this lease, which equipment and fixtures are more fully shown on the attached Exhibit "B" and made a part hereof. Said leased area shall hereinafter be referred to as "the Premises." TO HAVE AND TO HOLD the same Premises unto LESSEE, subject to the conditions and covenants herein contained, for the term hereinafter specified. The parties hereto further covenant and agree as follows: ARTICLE I Term of Lease The term of this lease shall be .(FIVE (5) YEARS, COMMENCING TEN (10) DAYS AFTER EXECUTION OF THIS LEASE,] fifty-five (55) months, commencing on May 1 1990 and terminating at midnight on [THE] of the CITY. Upon termination of this Lease, improvements LCA - 1 LESSOR: LESSEE: including, but not Limited to, those listed and described under the attached Exhibits A & B, shall revert to the CITY and further upon the termination of this Lease, all equipment and fixtures on the leased premises under provisions hereof and all fixtures appurtenant to such buildings, including but not limited to those constructed by LESSEE, shall be and become the property of the CITY. Rental Amount LESSEE shall pay to the City as rent for the use of the Premises the following: [$1,500.00 PER MONTH.] A. B. shall be $1,000.00 per month. C. Rent for the next thirty (30) months of the lease Aeriod shall be $1,250.00 per month. In addition, LESSEE agrees to pay sales tax on the monthly rental as determined by Borough and City ordinances. Late payments shall be subject to penalty and interest as provided by City Code. The premises and trade fixtures and equipment under this Lease are owned by the CITY. LESSEE shall be subject to taxation upon all personal property owned by CITY.and used on or in connection with the leased Premises. LESSEE covenants to pay any taxes as may be lawfully assessed against any real or personal property upon the premises, including, but not limited to, taxes assessed for fixtures and the leasehold interest. ARTICLE II Purpose and Improvements LESSEE shall provide for the operation and maintenance of the leased premises as a restaurant. Public Use and Jen-ji-scrimination f; A. The LESSEE agrees tha'"'b'e1:facilities and the other improvements provided for herein shall be equally available to all members of the public without discrimination. Any discrimination by the LESSEE in the use of any facility hereinabove described on grounds of race, sex, religion or national origin shall be deemed to be a material breach of this Lease and grounds for cancellation of the Lease. LCA - 2 LESSOR: LESSEE: 3. T'!e LESSEE agrees that he will not discriminate against any employee or applicant for employment, to be employed in the perrormance of this Lease with respect to his hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment because of age, except when based on a bona fide occupational qualification, or because of race, sex, religion or national origin. LESSEE understands that any such discrimination shall be deemed to be a material breach of this Lease. n ARTICLE III 8, Possession and Maintenance LESSEE shall have sole possession of, and responsibility for, maintenance of the Premises, including, but not limited to, all LCA - 2.1 LESSOR: LESSEE: improvements constructed thereon and fixtures and equipment existing on the property at the commencement of the lease and thereafter installed by either LESSEE or CITY. The CITY shall have the right to inspect the Premises and to impose reasonable regulations to insure proper care, maintenance, and upkeep of the Premises. The degree of maintenance shall be in keeping with similar premises. The CITY, through its City Manager, or his designee, shall have the right to require that the Premises and improvements thereon meet general standards of other like facilities. Janitorial services for the bremises shall be the sole responsibility of the LESSEE. . ,1 The CITY may advise the LESSEE in writing y,deficiency in maintenance of the Premises. The deficiency shall be corrected within thirty (30) days, or within an appropriate period as may be otherwise agreed. Improvements, facilities, fixtures, equipment and things on, in or appurtenant to the leased premises are leased "as is" and without any warranties or representations whatsoever, including warranties of fitness for a particular purpose or warranties of merchantability. ARTICLE IV Operation A. In its operation on the leased premises, LESSEE shall observe all applicable Federal, State and Municipal Laws and health, safety, and well-being of the public. B. LESSEE shall at its expense, meet the requirements of local and state health departments covering the handling and dispensing of food and beverages, if applicable. Adequate toilet facilities in accordance with state and local regulations shall be provided and maintained at locations on the premises. Refuse and waste materials shall be handled as required by applicable state and local laws, ordinances and regulations. C. LESSOR agrees to pay all public utility bills for electricity, gas, water, and all other utilities used or consumed, on the Premises and to procure at its :expense all meters and permits necessary for making connections and continuing utility services. A sYj+ l 14 D. LESSEE agrees, subject to Articl* XTI of this lease, to continuously operate the facility during the period of the lease. For purposes of this lease, "continuous operation" means that the facility is open for business on a daily basis (Sundays and holidays excepted at LESSEE's option) and for such hours as would LCA - 3 LESSOR: LESSEE: ,iothy J. Rogers City Attorney CITY OF KENAI 210 Fioaigo Kenai. Alaska 99611 be reasonable for similar facilities existing on the Kenai Peninsula. Hours of operation shall be attached to public exterior doors. ARTICLE V Insurance During the term of this Lease, LESSEE shall procure and keep in force, or shall where appropriate, require LESSEE'S contractors and subcontractors to procure and keep i, rce, the following insurance: i, A. Workmen's Compensation Insurance, Buff a e ito meet State of Alaska statutory requirements, including $100,000.00 employer's liability coverage, protecting all employees of LESSEE and employees of its contractors or subcontractors during the term of this Lease. B. Comprehensive General Liability Insurance, including limits as to bodily injury liability of $500,000.00 for each occurrence and $500,000.00 in aggregate and, as to property damages, liability of $500,000.00 for eacn occurrence and $500,000.00 in aggregate. Insurance policies required by this paragraph shall name LESSEE as Insured and the CITY as an additional insured. Such insurance shall be made effective prior to the beginning of operation of the premises. C. Fire, Vandalism, Malicious Mischief, and extended coverage insurance covering all improvements by LESSEE during the term of this lease in an amount equal to at least eighty (80%) percent of the full insurable replacement value of such building above foundations. Such insurance policies shall be issued in the joint names of the CITY and LESSEE and shall be payable to the CITY and LESSEE, as their respective interests may appear. Duplicate originals or certi4 c,aa,tes of all insurance policies required hereunder shall be de'li'b d to the CITY prior to occupation of the Premises by LESSEF,,I.'Jhe entire amount collected for losses under any fire and extended coverage policies shall be held under joint control of the CITY and LESSEE and shall be made available to repair, restore, or rebuild the damaged improvements. Any excess part of the insurance fund -remaining after the cost of repairs, rebuilding or restoration is paid, shall be paid to the LESSEE. In the event the insurance fund is insufficient to cover the cost of repairs, rebuilding or restoration, the excess cost shall be borne by LESSEE. D. Reassessment of insurance needs may be made by CITY at any time to determine whether or not, in the City's sole determination, the coverage shall be changed. LCA - 4 LESSOR: LESSEE: 283 3441 FAX 283 3014 Timothy J. Rogers City Attorney CITY OF KENAI 210 Fidalqo Kena., Alaska 99611 E. LESSEE agrees that thirty (30) days notice in writing shall be given the CITY in the event of cancellation, termination or material change of any insurance policy required hereunder. ARTICLE VI Assignment of Lease Except as provided in this paragraph, this Lease shall not be assigned in whole or in part, unless and until the CITY approves such assignment in writing, which approva shall not be unreasonably withheld. Upon written request {,the CITY, the identity of the holder or holders to any mort f trust or' security instrument and all individuals, co Rrns, or panties having a financial interest as secured parties, investors or shareholders with the LESSEE in this lease, shall be provided to the CITY by LESSEE within thirty (30) days or such request, LESSEE shall have the right to sublease the Premises for uses and purposes which are in accord with the provisions of this Lease, only upon written approval by the CITY, which approval shall not be unreasonably withheld. ARTICLE VII ?ledge of Lease It is understood that in borrowing funds LESSEE cannot place a mortgage on the Premises or the fixed improvements placed thereon. However, it is contemplated that LESSEE may be required to borrow) funds for the initial construction of improvements and that from time to time during the term of this Lease it may be desirable or( convenient for LESSEE to borrow additional funds for additional improvements, alterations, repairs or for other purposes. Accordingly, it is agreed that LESSEE snail at all times during the term of this lease have the right to grant rights of security in this Lease and the leasehold rights of LESSEE created by this Lease, provided, however, that any such rights of security shall at all times be subject to the right, title and interest of the CITY as owner of the Pre*k.W And fixed improvements placed thereon and the right of the CITY.ta zMMMTe the payment of all rentals due hereunder and the full "a`rrd°=+�0 ul performance of the covenants and conditions of this Lease. Subject to any such rights of security, the CITY shall have a lien upon all personal property not daily exposed to sale, owned by LESSEE and used on the Premise to secure the payment of the rentals as they respectively come due hereunder. In the event at any time during the term of this Lease, LESSEE, or anyone holding under LESSEE shall be in default of any of the covenants or conditions of this lease, then and in such event, before forfeiture is invoked by the CITY, the holder of any right;' LCA - 5 LESSOR: LESSEE: 2633AA1 FAX283-V14 nothy J. Rogers City Attorney CITY OF KENAI 210 Fitlaioo Kenai, Alaska 99611 of security granted by LESSEE hereunder may make any and all payments and do and perform any and all acts and things which may be necessary or required to prevent a forfeiture of this Lease, and the party making such payments or performing such acts or things shall thereby and thereupon be subrogated to all rights of the LESSEE under this Lease. The CITY agrees, that, if requested in writing by the holder of any such rights of security, the CITY will send to the said holder at the address specified in such written request copies of all written notices or demgnds which the CITY may serve upon LESSEE or anyone holding under Ll under and pursuant to the terms of this lease or otherwise.4 It is understood, however, that the holder of ch rights of j security, shall in no Kay be liable to the CITY for the payment of any rent or for the performance of any other covenant or conditions under this Lease until such time as it shall acquire by conveyance R from the LESSEE, or by the foreclosure or other proceedings provided by law or by the terms of any written instrument, all the rights, title and interest of the LESSEE under this lease, provided, however, that any party who shall acquire said rights, title and interest of the LESSEE, as above provided, shall j thereupon and thereby become liable for the full performance and i all payments theretofore and thereafter required to be made by j LESSEE under the covenants and conditions of this Lease, as fully and completely and to the same extent as the LESSEE itself would i have been if it still had retained its right, title and interest hereunder. i 'ARTICLE VIII Cancellation and Forfeiture In the event LESSEE shall be declared bankrupt according to law, or if any assignment shall be attempted to be made of this Lease for the benefit of creditors (other than as herein permitted) or if LESSEE shall abandon the leased premises or in the event rental due hereunder remains unpaid for thirty (30) days after notice of nonpayment given to LESSEE, then in any of said events, the CITY may declare the Lease to be terminated and may enter into and upon the land covered by this' Lease any part thereof and repossess the same (including any=fond,-1 improvements and installed fixtures) and expel the Lg§'SL4i �pd .those claiming under it and remove its effects, forcibly if necessary, without being deemed guilty of any manner of trespass and without prejudice to any other remedies which might otherwise be used for possession or for arrears of rent. LCA - b LESSOR: LESSEE: 253 34a1 FAX 282 3014 Timothy J. Rog*rs City Attorney CITY OF KENAI 210 Fidallto 1(0 r.ai. Alaska 9%11 ARTICLE IX Indemnification LESSEE shall protect, indemnify and save harmless the CITY from and against any and all claims, demands, and causes of action of any nature whatsoever for injury to or death of persons, or loss or damage to property, occurring on the Premises or in any manner growing out of or connected with the LESSEE'S use and occupation of the Premises or the condition of the Premise during the terms of this Lease. ARTICLE X Waiver of Default Any waiver by the CITY of any default or breach of this Lease shall not be construed to be a continuinci waiver of such default or breach nor as a waiver or permission, express or implied, of any other or subsequent default or breacn. ARTICLE XI Force Majeure If by reason of strike, lockout, war, rebellion, material or labo- shortage due to a national emergency, fire, flood, hurricane oil other casualty, periods of excessive rain, or by any other matter not within its control, the CITY or LESSEE in good faith and without fault or neglect on its parts is prevented or delayed in the construction of any condition except as relates to rental payments or the maintenance of insurance which, under the terms ofj this Lease, it is required to do so perform within a specified period of time, the period of time within which such performance was to have been completed shall be extended by a period of time equal to that of such delay or prevention, and the CITY or LESSEE, as the case may be, shall not be deemed to be in default if it diligently performs and completes such work or covenant or condition in the mannei,�quired by the terms of this Lease within the specified period of t m1B"A-Svso extended. i ARTICLE XII General Clauses A. All references to the parties to this Lease and all covenants, conditions and lease agreements of this Lease shall apply to and be binding upon the CITY and LESSEE and their respective heirs, executors, administrators, legal representatives, successors and assigns (when assignment is made in accord with the provisions hereof) as if they were in each case fully named ane stated. In this Lease both the CITY and LESSEE are referred to i. LCA - 7 LESSOR: LESSEE: 283.3w1 FAX 2113J014 the singular and neuter gender. However, such words and all other terms and words used in this Lease regardless of the number and gender in which they are used, shall be deemed and construed to include any other number (singular or plura:l�,, other gender, masculine, feminine or neuter, as the sen iting herein may require, the same as if such words had bee and properly written in the required number and gender. B. All notices to the CITY shall be sent by certified or registered mail addressed to the City Manager, City of Kenai, 210 Fidalgo Avenue, Kenai, Alaska, 99611, or at such other address as the CITY may in writing from time to time designate by written notice to the LESSEE. All notices to LESSEE shall be sent by certified or registered mail addressed to LESSEE at or at such other address as LESSEE may from time to time designate by written notice to the CITY. C. This Lease is made under the applicable laws of the State of Alaska and if any term, clause, provision, part or portion of this Lease shall be adjudged invalid or illegal for any reason the validity of any other part or portion of this Lease shall not be affected thereby and invalid or illegal term, clause, provision, part or portion shall be deleted and ignored as if the same had not been written. D. Venue for any dispute arising out of this lease shall be in the trial courts for the`, 7,rSt. t� of Alaska, Third Judicial District at Kenai. 1, f ,,`r E. This Lease may be altered, modified or amended only by written instruments signed by LESSEE and the CITY and approved by the City Council of the CITY. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be signed and sealed the day and year first above written. DATED: This day of , 1989. CITY OF KENAI: LESSEE: Wm. J. Brighton City Manager Tieathy J. Rogers City Attorney CITY OF KENAI 210 Fieayro Kenai. Alaska 9961 t 28334a1 FAX 2833014 LCA - 8 LESSOR: LESSEE: Timothy J. Rogers City Attorney CITY OF KENAI 210 F.dalgo Kenai, Alaska 9981 t 2813441 FAX 282 3014 STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of 1989, , being personally known to me or having produced satisfactory evidence of identification, aooeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument. Notary Public in and for Alaska. My Commission Expires: STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of 1989, WILLIAM J. BRIGHTON, City Manager of the City of Kenai, Alaska, being personally known to me or having produced satisfactory evidence of identification, appearea before me and acknowledged the voluntary and authorized execution of thr foregoing instrument on behalf of said City. Notary Public in and for Alaska. My Commission Expires: Approved as to lease form by City Attorney. Approved by Finance Director. Approved by City Manager Lease Approved by Council on Janet Ruotsala, City Clerk LCA - 9 LESSOR: LESSEE: N7 . W ... �........ ! agos W j A RENAI MUNICIPAL AIRPORT TERMINAL RESTAURANT EQUIPMENT LIST (SUBJECT TO FINAL INSTALLATION DUE TO CONTRACTOR'S SUBSTITUTIONS) 1. Shelving, 5 tier: 24"x60" 24"x48" 10 each 24"x42" 5 each 24"x36" 5 each 18"x36" 10 each 18"x42" 10 each Posts, 86" 5 aacn "S" Clips 24 each 2. Microwave Oven on Shelf 60 each 3. Dish Counter with Hand Sink 1 each 4. Paper Towel Holder, Stainless Steel. 1 each 5. Trash Bin with Cover - =acn 6. Soiled Dish Table - eacn 7. Dishwasher 1 eacn 8. Clean Dish Table 1 each 9. Hot Water Booster 1 eacn 10. Pot Sink, 3 Compartment, 91" lon g 1 1 eacn 11. Wall Mounted Shelf, Two Tier 1 eacn 12. Cart eacn 13. Hood with Ansul Fire Suppression System. y 1 1 eacn 14. . Range, Gas each 15. Fryers with Spacer, Gas. 1 2 eacn 16. Heat Lamps, Pan and Grate. each 17. Corner Stand i eacn 18. Mixer, 20 Quart. 1 eacn 19. Food Cart, Freezer, Mobile. i each 20. Hot Food Unit, Electric. 1 1 each 21. Work Station with Preparation Sink. 1 eacn 22. Salad/Sandwich Station, Refrigerated. 1 each 23. Double Over Shelf each 24. Shelving, 5 Tier: 1 each 24"x42" 5 21"x48" each Posts, 86" 5 each "S" Clips 6 each 25. Freezer/Cooler Walk -In 10 each 26. Can Opener 1 each 27. Slicer 1 each 28. Heatlamp 1 each 29. Hack Counter, Wood Fabrication 1 1 each each 30. Shake Maker (Mixer) 1 31. Dip Well each 1 each PAGE 1 OF 2 CDT e�e6/1...... Pegtqs 32. Ice Cream Cabinet & Fountain Unit 1 each 33. Display Case, Wall Mounted, Refrigerated. 1 each 34. Glass Filler/Sink 1 each 35. Coffee and Hot Water Maker 1 each 36. Coffee Grounds Dispenser 1 each 37. Service Counter, Wood Fabrication 1 each 38. Bussing Cart with Bussing Pans 1 each 39. Toaster, Pop Down 1 each 40. Carbonated Drink System, Four Drink 1 each 41. Disposer 1 each 42. Worktable, Mobile 1 each 43. Ticket Holder 1 each PAGE 2 OF 2 e cage ....'.mot..... Ex}i....,..... of ...Y?:.:.. Pao C - -3 CITY OF KENAI KENAI MUNICIPAL AIRPORT TERMINAL BAR LEASE AGREEMENT THIS LEASE, made and entered into this day of 19_, by and between the City of Kenai, hereinafter referred to as CITY, a body corporate under the laws of the State of Alaska, with offices at 210 Fidalgo Street, Kenai, Alaska, and hereinafter referred to as the LESSEE. That for and in consideration of the rent to be paid by LESSEE for the operation of the facility and surr der of the same in good condition to the CITY at the terminati this lease and other consideration given by the LESSEE her an�+{p hereby leases to the LESSEE, and LESSEE takes and leases 3r,(4 "as is" condition from the CITY, premises described and shown n the attachment labeled Exhibit "A" and made a part hereof, including all equipment and fixtures existing thereon, at the time of execution of this lease, which equipment and fixtures are more fully shown on the attached Exhibit "B" and made a part hereof. Said leased area shall hereinafter be referred to as "the Premises." TO HAVE AND TO HOLD the same Premises unto LESSEE, subject to the conditions and covenants herein contained, for the term hereinafter specified. The parties hereto further covenant and agree as follows: ARTICLE I Term of Lease The term of this lease shall be five (5)..years, commencing [TEN (10) DAYS AFTER EXECUTION OF THIS LEASE,] on December 1, 1989, and terminating at midnight on [THE] December 1, 1994. However, LESSEE this Lease, improvements including, LCA - 1 Upon termination of not limited to, those LESSOR: LESSEE: listed and described under the attached Exhibits A & B, shall revert to the CIT`I and further upon the termination of this Lease, all eauipment and fixtures on the leased premises under provisions hereof and all fixtures appurtenant to such buildings, including but not limited to those constructed by LESSEE, shall be and become the property of the CITY. Rental Amount LESSEE shall pay to the City as rent for the use of the Premises the following: [$2,500.00 PER MONTH.] A. The rent for the first eighteen (18) months of the lease M shall be $1,750.00 Per month C. The rent for the next thirty (30) months of the lease shall be $2,500.00 per month. In addition, LESSEE agrees to pay sales tax on the monthly rental as determined by Borough and City ordinances. Late payments shall be subject to penalty and interest as provided by City Code. The premises and trade fixtures and equipment under this Lease are owned by the CITY. LESSEE shall be subject to taxation upon all personal property owned by CITY and used on or in connection with the leased Premises. LESSEE covenants to pay any taxes as may be lawfully assessed against any real or personal property upon the premises, including, but not limited to, taxes assessed for fixtures and the leasehold interest. ARTICLE II Purpose and Improvements LESSEE shall provide for the operation and maintenance of the leased premises as a bar. Public Use and�'8t-di�scrimination A. The LESSEE agrees that=':tbe facilities and the other improvements provided for herein shallbe equally available to all members of the public without discrimination. Any discrimination by the LESSEE in the use of any facility hereinabove described on grounds of race, sex, religion or national origin shall be deemed to be a material breach of this Lease and grounds for cancellation of the Lease. LCA - 2 LESSOR: LESSEE: 3. The LESSEE agrees that he will not discriminate against any employee or applicant for employment, to be employed in the performance of this Lease with respect to his hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment because of age, except when based on a bona fide occupational qualification, or because of race, sex, religion or national origin. LESSEE understands that any such discrimination shall be deemed to be a material breach of this Lease. ARTICLE III Possession and Maintenance LESSEE shall have sole possession of, and responsibility for, maintenance of the Premises, including, but not limited to, all till till rill ltll ` NP " LCA - 2.1 LESSOR: LESSEE: improvements constructed thereon and fixtures and equipment existing on the property at the commencement of the lease and thereafter installed by either LESSEE or CITY. The CITY shall have the right to inspect the Premises and to impose reasonable regulations to :insure proper care, maintenance, and .;vkee.p of the Premises. The degree of maintenance shall be in '.seeping with similar premises. The CITY, through its City Manager, or his designee, shall have the right to require that the Premises and improvements thereon meet general standards of other like facilities. Janitorial services for the pr mises shall be the sole_ resoonsibility of the LESSEE The CITY may advise the LESSEE in writing deficiency in maintenance of the Premises. The deficiency shaFy be corrected within thirty (30) days, or within an appropriate period as may be otherwise agreed. Improvements, facilities, fixtures, equipment and thinqs on, in or appurtenant to the leased premises are leased "as is" and without any warranties or representations whatsoever, including warranties of fitness for a particular purpose or warranties of merchantability. ARTICLE. IV Oneration A. In its operation on the leased premises, LESSEE shall observe all applicable Federal, State and Municipal Laws and health, safety, and well-being 'of the public. B. LESSEE shall at its expense, meet the requirements of local and state health departments covering the candling and dispensing of food and beverages, if applicable. Adequate toilet facilities in accordance with :.;gate and local regulations shall be provided and maintained at locations on the premises. Refuse and waste materials shall be handled as required by appl:,.cable state and local laws, ordinances and regulations. C. LESSOR agrees to pay all << lity bills for electricity, gas, water, and all other uti e used or consumed, on the Premises and to procure at its expense all meters and permits necessary for making connections and continuing utility services. D. LESSEE agrees, subject. to Article XII of this lease, to continuously operate the facility during the period of the lease. For purposes of this lease, "continuous operation" means that the facility is open for business on a daily basis (Sundays and holidays excepted at LESSEE's option) and for such hours as would be reasonable for similar facilities existing on the Kenai LCA - 3 LESSOR: LESSEE: I „nothy J. Rog*m City Attorney CITY OF KENAI 210 Fidal90 Kenai, Alaska 9%11 Peninsula. Hours of operation shall be attached to public exterior doors. Notwithstanding anything to the contrary above, the bar shall be closed from 2:00 a.m. to 8 a.m. ARTICLE V Insurance During the term of this Lease, LESSEE shall procure and keep in force, or shall where appropriate, require LESSEE'S contractors and subcontractors to procure and keep in force, the following insurance: - A. Workmen's Compensation Insurance, ufficient to meet State of Alaska statutory requirements, includi 1 00.00 employer's liability coverage, protectin' ees of LESSEE and employees of its contractors or subcontractdturing the term of this Lease. B. Comprehensive General Liability Insurance, including limits as to bodily injury liability of $500,000.00 for each occurrence and $500,000.00 in aggregate and, as to property damages, liability of $500,000.00 for each occurrence and $500,000.00 in aggregate. Insurance policies required by this paragraph shall name LESSEE as Insured and the CITY as an additional insured. Such insurance shall be made effective prior to the beginning of operation of the premises. C. Fire, Vandalism, Malicious Mischief, and extended coverage insurance covering all improvements by LESSEE during the term of this lease in an amount equal to at least eighty (80%) percent of the full insurable replacement value of such building above foundations. Such insurance policies shall be issued in the joint names of the CITY and LESSEE and shall be payable to the CITY and LESSEE, as their respective interests may appear. Duplicate originals or certificates of all insurance policies required hereunder shall be delivered to the CITY prior to occupation of the Premises by LESSEE. The entire amount collected for losses under any fire and extended overage policies shall be held under joint control of the ClTj,;anai EE and shall be made available to repair, restore, or rebu)i damaged improvements. Any excess part of the insurance fund remaining after the cost of repairs, rebuilding or restoration is paid, shall be paid to the LESSEE. In the event the insurance fund is insufficient to cover the cost of repairs, rebuilding or restoration, the excess cost shall be borne by LESSEE. D. Reassessment of insurance needs may be made by CITY at any time to determine whether or not, in the City's sole determination, the coverage shall be changed. LCA - 4 LESSOR: LESSEE: i8 Uo FAX 291.1014 Timothy J. Rog" City Atiwn" CITY OF KENAI 210 Fidalgo X"W. Alaska 9%11 E. LESSEE agrees that thirty (30) days notice in writing shall be given the CITY in the event of cancellation, termination or material change of any insurance policy required hereunder. ARTICLE VI Assignment of Lease Except as provided in this paragraph, this Lease shall not be assigned in whole or in part, unless and until the CITY approves such assignment in writing, which approval shall not be unreasonably withheld. Upon written reauest by the CITY, the identity of the holder or holders to a t age, deed of trust or security instrument and all indi rporations, or parties having a financial interest as secu rties, investors or shareholders with the LESSEE in this lease, shall be provided to the CITY by LESSEE within thirty (30) days of such request, LESSEE shall have the right to sublease the Premises for uses and purposes which are in accord with the provisions of this Lease, only upon written approval by the CITY, which approval shall not be unreasonably withheld. ARTICLE VII Pledge of Lease It is understood that in borrowing funds LESSEE cannot place a mortgage on the Premises or the fixed improvements placed thereon. However, it is contemplated that LESSEE may be required to borrow funds for the initial construction of improvements and that from time to time during the term of this Lease it may be desirable or convenient for LESSEE to borrow additional funds for additional improvements, alterations, repairs or for other purposes. Accordingly, it is agreed that LESSEE shall at all times during the term of this lease have the right to grant rights of security in this Lease and the leasehold rights of LESSEE created by this Lease, provided, however, that any such rights of security shall at all times be subject to the right, title and interest of the CITY as owner of the Premises and fixed improvements placed thereon and the right of the CITY to require the payment of all rentals due hereunder and the full and faithful performance of the covenants and conditions of this Lease."') 6 t to any such rights of security, the CITY shall have -a aXB1d on all personal property not daily exposed to sale, owned by LESSEL and used on the Premise to secure the payment of the rentals as they respectively come due hereunder. In the event at any time during the term of this Lease, LESSEE, or anyone holding under LESSEE shall be in default of any of the covenants -or conditions of this lease, then and in such event, before forfeiture is invoked by the CITY, the holder of any rights LCA - 5 LESSOR: LESSEE: 283,3441 FAX 2910014 othy J. Rogen City Attorney CITY OF KENAI 210 Fidalgo Kenai,Al1eM19%11 of security granted by LESSEE hereunder may make any and all payments and do and perform any and all acts and things which may be necessary or required to prevent a forfeiture of this Lease, and the party making such payments or performing such acts or things shall thereby and thereupon be subrogated to all rights of the LESSEE under this Lease. The CITY agrees, that, if requested in writing by the holder of any such rights of security, the CITY will send to the said holder at the address specified in such written request copies of all written notices or demands which the CITY may serve upon LESSEE or anyone holding under LESSEE under and pursuant to the terms of this lease or otherwise. It is understood, however, that t holder of such rights of security, shall in no way be liable {t�h$ for the payment of any rent or for the performance of an >etv enant or conditions under this Lease until such time as it sha acquire by conveyance from the LESSEE, or by the foreclosure or otner proceedings provided by law or by the terms of any written instrument, all the rights, title and interest of the LESSEE under this lease; provided, however, that any party who shall acquire said rights, title and interest of the LESSEE, as above provided, shall thereupon and thereby become liable for the full performance and all payments theretofore and thereafter required to be made by LESSEE under the covenants and conditions of this Lease, as fully and completely and to the same. extent as the LESSEE itself would have been if it still had retained its right, title and interest hereunder. ARTICLE VIII Cancellation and Forfeiture In the event LESSEE shall be declared bankrupt according to law, or if any assignment shall be attempted to be made of this Lease for the benefit of creditors (other than as herein permitted) or if LESSEE shall abandon the leased premises or in the event rental due hereunder remains unpaid for thirty (30) days after notice of nonpayment given to LESSEE, then in any of said events, the CITY may declare the Lease to be terminated and may enter into and upon the land covered by this Lease or any. -par ereof and repossess the same (including any and a11-improvements and installed fixtures) and expel the LESSEE and those 6k aiming under it and remove its effects, forcibly if necessary, without being deemed guilty of any manner of trespass and without prejudice to any other remedies which might otherwise be used for possession or for arrears of rent. ARTICLE IX Indemnification LESSEE shall protect, indemnify and save harmless the CITY from and against any and all claims, demands, and causes of action of LCA - 6 LESSOR: LESSEE: M-1141 FAX 2833014 TIM011hy, J. Rggen city Attorney CITY OF KENAI 210 Fidaigo NMaI, Alaska 99611 any nature whatsoever for injury to or death of persons, or loss or damage to property, occurring on the Premises or in any manner growing out of or connected with the LESSEE'S use and occupation of the Premises or the condition of the Premises during the terms of this Lease. ARTICLE X Waiver of Default Any waiver by the CITY of any default or breach of this Lease shall not be construed to be a continuing waiver of such default or breach nor as a waiver or permission, express or implied, of any other or subsequent default or breach. ARTICLE XI Force Maieure If by reason of strike, lockout, war, rebellion, material or labor shortage due to a national emergency, fire, flood, hurricane or other casualty, periods of excessive rain, or by any other matter not within its control, the CITY or LESSEE in good faith and without fault or neglect on its parts is prevented or delayed in the construction of any condition except as relates to rental payments or the maintenance of insurance which, under the terms of this Lease, it is required to do so perform within a specified period of time, the period of time within which such performance was to have been completed shall be extended by a period of time equal to that of such delay or prevention, and the CITY or LESSEE, as the case may be, shall not be deemed to be in default if it diligently performs and completes such work or covenant or condition in the manner required by the terms of this Lease within the specified period of time as so extended. ARTICLE XII General Clauses �1 A. All references to th- p rt 41 s to this Lease and all covenants, conditions and lease "a"grim'ets of this Lease shall apply to and be binding upon the CIT .. Zd LESSEE and their respective heirs, executors, administrators, legal representatives, successors and assigns (when assignment is made in accord with the provisions hereof) as if they were in each case fully named and stated. In this Lease both the CITY and LESSEE are referred to in the singular and neuter gender. However, such words and all other terms and words used in this Lease regardless of the number and gender in which they are used, shall be deemed and construed to include any other number (singular or plural) and any other gender, LCA - 7 LESSOR: LESSEE: 200JN1 FA%290.1014 3thy J. Rogers City Attorney CITY OF KENAI 210 Fidalgo Kenai. Alaska 99611 masculine, feminine or neuter, as the sense of the writin ' may require, the same as if suchg herein words had been fully ly and properly written in the required number and gender. B. All notices to the CITY shall be sent by certified or registered mail addressed to the City Manager, Cityof Kenai, 210 Fidalgo Avenue, Kenai, Alaska, 99611, or at such other ad dress as the CITY may in writing from time to time designate by written rztten notice to the LESSEE. All notices to LESSEE shall be sen t by certified or registered mail addressed to LESSEE at or at such other address as LESSEE may from time to time designate by written notice to the CITY. C. This Lease is made under the applicable laws of the State of Alaska and if any term, clause, provision, part or portion this Lease shall be adjudged p of invalid or illegal f or any reason the validity of any other part or portionreaf1;this Lease shall not be affected thereby and invalid or ill e lause, provision, _ n, J . part or portion shall be deleted and 1 gnor Is1 f the same had not been written..! D. Venue for any dispute arising out o= this lease shall be in the trial courts for the State of Alaska, 'Third Judicial dlcZ District at Kenai. E. This Lease may be altered, modified or amended onlyb written instruments signed by LESSEE and the C y CITY and approved by the City Council of the CITY. IN WITNESS WHEREOF, the parties hereto have caused this instrumen t to be signed and sealed the day and year first above written. DATED: This day of , 1989. CITY OF KENAI: LESSEE: Wm. J. Brighton City Manager STATE OF ALASKA ) ss. THIRD -JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of 1989� being personally known to me or LCA -- 8 LESSOR: LESSEE: 283-3441 FAX 283-,V14 Timothy J. Rogers City Attorney CITY OF KENAI 210 Fidalgo Kenai, Alaska 99611 283-3441 FAX 283-3014 having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument. Notary Public in and for Alaska. My Commission Expires: STATE OF ALASKA } ss. THIRD JUDICIAL DISTRICT } THIS IS TO CERTIFY that on this day of 1989, WILLIAM J. BRIGHTON, City Manager of the City of Kenai, Alaska, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said City. Notary Public in and for Alaska. My Commission Expires: Approved as to lease form by City Attorney. Approved by Finance Director. Approved by City Manager Lease Approved by Council on Janet Ruotsala, City Clerk LCA - 9 LESSOR: LESSEE: e KENAI MUNICIPAL AIRPORT TERMINAL BAR EQUIPMENT LIST (SUBJECT TO FINAL :INSTALLATION DATE TO CONTRACTOR'S SUBSTITUTIONS) 1. Cocktail Service Station, No. 1 2. Carbonated Drink System, Two Stations 3. Bar Top Extension Drainboard with Hand Sink 4. Glass Washer & Slop Sink 5. Three Compartment Sink, 24" Deep 6. Filler 7. Cocktail Service Station, No. 2 8. Cash Register, Station No. 1 9. Cash Register, Station No. 2 10. Cash Register Station 11. Refrigerated Back Bar 12. Bottle Beer Section, Right Side 13. Back Bar Top and Display, Wood Fabrication 14. Ice Machine 15. Wire Shelving: 24 "x3 6 ' 8 6 3 tier ( over ice machine) 1811x42"x86 5 tier with 10 each "S" Clips 18"x36"x86 5 tier 16. Beer Cooler 17. Stand and Pumps for Carbonated*Drink System 18. Miscellaneous Equipment: Cocktail. class Rack Units Waitress Storage Box PAGE 1 OF 1 1 each 1 each 1 each - 1 each 1 each 1 each 1 each 1 each 1 each 1 each 1 each 1 each 1 each 1 each 1 each 1 each 12 each 1 each r,> 4ftola 1791-1991 CITY OF KENAI ;Y"yj it "Od (?aj2 440%4^0. 4 44"4a _ 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907.283-3014 MEMORANDUM TO: Bob Summers, Chairman Kenai Airport Commission FROM: Janet Loper, Secretary DATE: September 29, 1989 RE: TO DO List from Meeting of September 28, 1989 Manager Ernst - Prepare budget figures Manager Ernst - Meet with Budget Committee Chairman Knopper to prepare budget Manager Ernst - Obtain estimate for glass enclosure for industrial display Manager Ernst - Obtain commemorative plaque for display Manager Ernst - Contact speaker for Commission - upon determination of needs, set up date and prepare seminar. If appropriate - contact Soldotna Mayor Williams - draft letter regarding Mr. Irwin Secretary Loper - prepare package of items for Council for meeting of October 4th. Manager Ernst - Ensure painting for compass rose and survey for VOR are in next budget. o-Z 1791-1991 CITY OF KENAI uAal a� 44"44a„ 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907-283-3014 MEMORANDUM TO: Mayor Williams and Council Members FROM: Bob Summers, Chairman Kenai Airport Commission DATE: September 29, 1989 RE: Requested Action Items from Meeting of September 28, 1989 1) Airport Terminal Open House The date of November 19th has been cancelled for several reasons, one of which being the proximity to the AML Conference. The Commission will be discussing another target date at their next meeting - October 12th. Tentatively, the Commission is looking at some time prior to spring. Any suggestions are welcome. 2) As Mr. Tom Irwin has been involved in Commission activities but unable to attend the meetings, Mr. Irwin and the Commission "recommend the City Council accept Mr. Tom Irwin's verbal resignation and appoint him to an Ad Hoc position on Military Affairs". The minutes (Item D-2 in your packet) will detail discussion regarding this matter. A ECONOMIC DEVELOPMENT COMMISSION September 21, 1989 7:00 P.M. Homer Electric Association Conference Room Vince O'Reilly, Chairman 1. The meeting was called to order at 7:20 by Vince O'Reilly, Chairman. 2. ROLL CALL: Vince O'Reilly, Marion Nelson, Bob Scott, Barry Thompson, Jim Elson and Mayor John Williams in attendance. Absent: Shirley Wallingford 3. ELECTION OF NEW CHAIRPERSON: Jim E is on nominated Barry Thompson for chairman of the EDC. Bob Scott seconded the nomination. There were no other nominations. Mr. Thompson was elected unanimously. Chairman Thompson thanked Mr. O'Reilly for his service as Chairman of the EDC . 4. Chairman Thompson said the first order of business for the . EDC tonight would be to determine what projects the EDC should be working on, and what direction the Commission would be taking over the next year. To start with Chair- man Thompson asked Mayor Williams to talk about his ideas for the economic development of the City of Kenai. 5. Mayor Williams used the board to list several areas of development for the City of Kenai. Some of the areas have current projects under way and some potential projects were also listed. The list of areas for development were: the airport, the river system, tourism, senior citizen areas and private enterprise. (A copy of the list of projects is attached to these minutes.) Mayor Williams discussed each area of development and answered questions from the Commissioners. Commissioners asked many questions and included some of their own ideas for how the five areas could be developed, 6. Chairman Thompson then outlined some of his ideas for the EDC and it's future direction. A general discussion followed with everyone participating. Three areas were finally agreed upon as a basis for new direction and goals for the EDC in the upcoming year. a. The EDC needs to identify the assets of the City of Kenai. What generates business in the evening? What can we do to help bring in more private enterprise within the City? Page Two EDC Commission Meeting Minutes September 21, 1989 b . The Commission will work on special projects as directed by the Mayor and City Council. Mayor Williams said that no special project were being directed to the EDC at this time. C. Finally, Chairman Thompson suggested as a new goal for EDC a project that would put together a vague plan of where the City of Kenai will be economically in twenty years. The EDC would contact the people in the various industries and "pick their brains" for where they think the city will be in twenty years. The goal would be to try to get an idea of what industry experts think will be happening in 10-20 years and putting it in one report, Many ideas were discussed, but the commissioners liked the idea of working on.the twenty-year economic projection and wanted to -start on the project right away. A work session will be scheduled to start putting together a list of names of people to contact. 7. ADJOURNMENT: The next meeting will be - a work session on October 12 th at 7pm. Chairman Thompson thanked everyone for their input and suggestions. The meeting was adjourned at 9pm. �:> VX x - K %_ Patti Truesdell, Recording Secretary for the City of Kenai September 26, 1989 AIRPORT RIVER SYSTEM TOURISM SENIOR CITIZENS AREA PRIVATE ENTERPRISE Float Plane Basin City Dock -Ramp Terminal (Potential) (Bar & Rest.) Boat Ramp Parking (Potential) Restrooms Helicopter* Federal Funding school (200.9000) Fuel terminal City Funds Fire Training * (150,000) *University Project BiCentennial Congregate housing Visitors Center $6,000.000 EDA Grant: 80001000 City up to:1,000,000 PRIVATE: New Hotel seating up to 310 and 50 more rooms (Mr. D's) Camper Park 2 - in the City-60 units 1 - Beaverloop - 100 units Possible re -opening of the Merit Inn Kenai Advisory Harbor Commission September 25, 1989 - 7:00 P.M. Kenai City Hall Chambers Barry Eldridge, Chairman 1. ROLL CALL: Tom Thompson Joe Nord Leon Quesnel Ron Rainey Barry Eldridge Public Works Director: Keith Kornelis Absent: Will Jahrig, Irvin Witbro Guest: Mr. Charles See 2. APPROVAL OF AGENDA: Under Old Business, Item " D" add Kenai River Moorings. The agenda for the meeting was approved as amended. 3. APPROVAL OF MINUTES OF JULY 10, 1989: The minutes were approved as read. 4. OLD BUSINESS: a. Report on Public Dock Activities: Public Works Director, Keith Kornelis reported on the summer dock activities. No exact figures yet, but fuel sales were down. There has been a claim filed with Exxon for lost revenues. b . Report on Landfill Progress: The project has been completed. c . Status of Viewing Area: Pat Malone has begun to survey the area. No work can be started until the surveying is complete. Ducks Unlimited has been asked to participate by having a duckpond to the west of the viewing area. So far the interest seems pretty positive. A letter needs to be sent to another Ducks Unlimited office for the final approval. d . Kenai River Mooring Approval: Commissioners reviewed a request for a mooring buoy permit by Mr. Charles See. Mr. See is requesting to change the location of his buoy 150 feet west of location #41 on the map. His original request for a change of location was denied because there was no way to determine exact location of the existing buoys in the river. Silva Spearow of the Kenai Peninsula Borough has agreed to work with the Harbor Commission and the Corp of Engineers to straighten out this problem. Ron Rainey made a motion to approve the request by Mr. Charles See to change the location of his buoy. Motion seconded by Leon Quesnel. Motion carried. Page Two Kenai Harbor Commission Minutes September 25, 1989 5. NEW BUSINESS: a. Develop Five Year Plan for Commission: Chairman Eldridge presented some ideas for a five year plan for the Harbor Commission. Some of the ideas are already in progress and some are definitely long- range goals. A general discussion followed with all Commissioners giving their input. The six goals agreed on for a first -draft proposal were: 1. Additional boat ramp and parking--pos s ibly at Cunningham Park 2. Lengthening the Kenai City Dock and building a new trestle 3. Promote available lease land by the Kenai River 4. Fill old boat dock area 5. Phased program to bulkhead the city bluff and develop the bluff area. 6. Promotion of the harbor area --continue to promote industries in the harbor that are compatible with the fishing industry A motion to approve the six ( 6 ) items as a draf t of the Harbor Commission's Five Year Plan was made by Tom Thompson and seconded by Ron Rainey. Motion carried. b . Corps of Engineers Permit for Buoy Placement in .Kenai River: Commissioners reviewed a request for permit #1-890092 for Grace Kendall. Again the exact location of the buoy cannot be determined from the information provided. Discussion about the permit followed. A motion by Joe Nord to deny the permit #1-890092 pending clarification of the exact location. Leon Quesnel seconded the motion. Motion carried. The Commission also stated their concerns about the mooring specifications on this permit. The mooring did not appear to be adequate as specified. c . Discuss Further Recreation Use of Kenai River and Access Improvement Potential: Commissioners discussed several ideas but because the five-year plan had already been discussed, there was not a lot more to be said at this time. Improvements in the road going down to the beach were discussed. The Commission asked if the Safe Boating Law had passed. Keith wasn't sure. Page Three Kenai Harbor Commission Meeting September 25, 1989 6. CORRESPONDENCE: a. Letter from Dan Deering: A letter about the back up at the city dock this summer came from Mr, Dan Deering. Mr. Deering suggested a "take a number system" as a possible solution. Mr. Korne lis didn't feel that would help, but would instead slow things down even more. Commissioners appreciated Mr. Derring' s letter and his suggestion. No other action taken at this time. b. Letter from Mayor Williams -- EDC Representative: Mayor Williams sent a letter to the Harbor Commission asking for a representative from Harbor to attend the EDC meetings occasionally when they are discussing areas that pertain to the Kenai Harbor. The EDC is also wanting to hold combined Harbor /EDC meetings on a quarterly basis. Chairman Eldridge agreed to be the Harbor Commission representative to the EDC. The rest of the commissioners agreed to the quarterly meeting as a good way to improve communication between the two commissions. Mayor Williams will be contacted. 7. COMMISSION COMMENT AND QUESTIONS: None 8. ADJOURNMENT: The next meeting of the Harbor Commission will be October 23. The agenda should include: Ports of Alaska Report, Harbor, Masters Annual Meeting, Harbor Commission Five Year Plan and a detail map of the corp of engineer permits on the river A motion to adjourn was approved at 9:00 P.M. lIa'ft"i Truesdell, Recording Secretary for the City of Kenai 1W i 9(e-nai Commanity 1.'Z�azy A PUBLIC LIBRARY IN SERVICE SINCE 1949 �} 163 MAIN STREET LOOP KENAI, ALASKA 99611 SEPTEMBER 20, 1989 TO: Members of the Kenai City Council FROM: Kenai City Advisory Commission \ Kathy Heus, Chair RE: Goals and Objectives Enclosed is a copy of the recently updated Goals and Objectives for the Kenai Community Library. It is forwarded to you to view at your convenience. Each year the members of the Commission review and update the Goals and Objectives. It provides us with goals and objectives to work toward and also provides us with a means to review the progress of the Commission and the Library. We would also like to take this opportunity to express our thank you for your continued support and interest in our very fine Kenai Community Library. The Commission meets on the first Tuesday of each month in the Library Activity Room at 7:30 pm. You are encouraged and welcome to join us anytime. GOALS AND OBJECTIVES OF THE LIBRARY COMMISSION CITY OF KENAI Revised and updated: June 6. 1989 APPROVED AUGUST 8, 1989 GOAL A: Review and implement building plan of the library annually. OBJECTIVE 1: Expansion of the library facilities by 10,000 square feet by 1994. GOAL B: Make recommendations to the council regarding capital and other improvements to the library. OBJECTIVE 1: Increase the library equipment in 1990. Priority list of equipment is as follows, but not limited to: Telefax Facsimile CD ROM Readers for Magazine Index, Newsbank Computers - IBM or clones Video and Audio compact disc players OBJECTIVE 2: By 1990 explore the feasibility of a bookmobile for local service use. OBJECTIVE 3: By 1992 examine the feasibility of a satellite library given population growth and changes in population density. GOAL C: Make recommendations to the library and council to improve library services, OBJECTIVE 1: Evaluate the needs for additonal books and other library materials for increase in funding as needed. OBJECTIVE 2: Continue to increase interlibray loans and promote state support of same via funding and personnel. OBJECTIVE 3: Maintain utilization of the activities room. OBJECTIVE 4: By 1990, increase library personnel including, but not limited to, an Assistant Librarian. OBJECTIVE 5: By 1990, explore the feasibility of telecommunications as a means of increasing patronage. OBJECTIVE 6: Continue to support the Kenai Community Library, Inc., in its efforts to increase outside financial and volunteer support of the library and its sevices. OBJECTIVE 7: Continue public recognition of volunteer effdorts and paid staff, and increase public awareness of the library and its services through the local media. OBJECTIVE 8: By 1990, consider the addition of loan programs: for example, specialized educational aids for children, compact audio discs, computer software, books on tape, educational video casssettes. OBJECTIVE 9: By 1990, increase library hours on Friday and consider having Sunday hours. QOALS OF LIBRARY COMMISSION � page 2 OBJECTIVE 10: Continue school contacts in cooperation with schools and increase access of library services to school age children. OBJECTIVE 11: Increase services to blind and physically handicapped. OBJECTIVE 12: Continued cooperation and access of library services for Wildwood Inmates. OBJECTIVE 13. Increased reference service by 1990. GOAL D: Annual review of library policies and rules and goals. GOALS ACHIEVED 1. Typewriters and computers were purchased. Now have three public use typewriters and two computers. 2. Ms. DeForest has completed the selection and purchase of the in-house computer catalogue and automated charge system (Dynix). This includes 10 public access terminals, 5 dial in ports and terminals for the reference desk and staff. The circulation and catalogue units are operational and the bibliographic maintenance unit and acquisitions/serials units are to come on-line later. 3. Volunteer efforts have been recognized. 4. Newspaper recognition of library activities continues. 5,. Open house of the library addition and celebration of 49th birthday. 6. Saturday hours have been added; 8 : 30 - 5 :00. 7. Activities Room has increased its utilization; such as, City meetings, Organizational meetings, Friday Night Movies, Tutor program, Summer Alaskana Movies. 8. Public domain computer software obtained. 9. Increased patronage. 10. Received Wildwood Correctional Center grant ($7,000). 11. Received Public Library grant ($10,000). 12. Increased interlibrary loans. 13. Maintained utilization of the Activity Room. V t Kenai Parks and Recreation Commission September 19, 1989 - 7:OOP.M. City Hall Chambers Chairman Richard Hultberg 1. ROLL CALL: Ron Hanson, C 1 if f Massie, Dale S andahl , Roger Siebert, Jerry Carlson, Director Kayo McGillivray, Council Representative art McComsey. Absent: Richard Hultberg 2. APPROVAL OF AGENDA: The agenda was approved without changes. 3. APPROVAL OF MINUTES OF May 16, 1989: The minutes were approved with no changes. 4. OLD BUSINESS: a. Floor Repair Progress: Kayo reported that the floors looked good and the "dead spots" had been removed from the court floors. The money came out of the Repair / Maintenance budget and no special appropriation was needed at this time. b . Field Development at Junior High: Some fill work remains to be done next summer, but then the project will be finished. The field will then be fenced and seeded.. 5. NEW BUSINESS: a. Ordinance for Parks & Recreation Commission: An ordinance has been introduced to the Kenai City Council that would change the name of this commission to the Kenai Parks and Recreation Commission rather than as it is now, the Kenai Recreation Commission. A motion was made by Jerry Carlson and seconded by Ron Hansen to recommend approval of City Ordinance #89 by the Kenai City Council. Motion Carried. b . Peninsula Oilers Request: Commission members reviewed the request by Peninsula Oiler Vice -President, Damon King, to install a locking gate across the entrance of the baseball park. Cliff Massie made a motion to recommend approval by the Kenai City Council of Mr. Damon' s request. Motion seconded by Jerry Carlson. Motion carried. C. Elks Hoop Shoot: A date has not been set, but the schools will be contacted in the next month. IAA Page Two Kenai Parks and Recreation Commission Minutes September 19, 1989 d. State Conference of Park and Rec: Director McGillivray will be inducted as State President at the State Conference of Park and Recreation on October 5th. e . National Park and Recreation Conference: Director McGillivray will be attending this conference in San Antonio, Texas. The State Association will be picking up the cost of the airfare for this trip, f . High School I ndoor/Outdoor Recreation Class: Mr. Delaney has requested use of a racquetball court to teach a high school gym class the game of racquetball. The time of the class is during the normally low -usage time for the courts anyway, so staff saw no problem with approving the request, 6. DIRECTORS REPORT: a. Summer Program Report: Director Kayo McGillivray reported that a total of 203-children participated in the summer program. Kayo really complimented all the hard work done by the staff to set this summer program up and keep it operating. The morning program was for the smaller children, the afternoon program for the older ones. The program included art classes, games, contests, and several field trips. Good work everyone and congratulations on a job well done! b. Recreation Program: As above with the addition that there were seven tournaments scheduled this summer and only one cancellation. C. Park Report: Director McGillivray passed out a complete report that broke down exactly what work was done in each of the different areas. It also states what work remains to be done. A general discussion followed with Director McGillivray responding to questions about the report. d. Beautification Committee Report: The Committee has not had a meeting f or a while due to the lack of a quorum. Mr. McGillivray said special thanks should go to Bob Frates for the terrif is job he did with the plants and flowers over the summer. They look great! One commissioner stated he'd never seen Kenai look better. Page Three Kenai Parks and Recreation Commission Minutes September 19, 1989 e . Caravans: Seven different caravans visited the Kenai area. Each caravan had about 20-55 units. It is hoped next year that they will use the FAA f ield to park instead of in front of the Chamber. They will be requested to do so. f.. Tournaments: Information as above. The fields are in good condition . 7. CORRESPONDENCE: None 8. ADJOURNMENT: The meeting was adjourned at 8 : 3 0pm . Pa 1 ruesdell, Recording Secretary f or the City of Kenai KE NA = PLANN = NG & Z ON = NG GOMM = S S = ON September 27, 1989 - 7:00 P.M. City Hall Council Chambers Pat Nault, Chairman 1. ROLL CALL Present: Bryson, Bannock, Glick, Walker Absent: Nault, Brown, Gilman (excused) Also Present: Councilman Smalley, Planning Specialist Loper 2. APPROVAL OF AGENDA MOTION: Commissioner Glick moved approval of the agenda as submitted, seconded by Commissioner Bannock VOTE: Motion passed by unanimous consent 3. PERSONS PRESENT SCHEDULED TO BE HEARD None 4. PUBLIC HEARINGS a. Resolution PZ89-11: Encroachment Permit for Lots 51&52, Block 1, Redoubt Terrace S/D - Request by Owner to Postpone Planning Specialist Loper explained that the owner of the property has decided to move ahead with surveying the adjacent lot 50. By postponing this public hearing, the owner will be able to amend the application and present all three lots under the single $100 fee. MOTION: Commissioner Glick moved to postpone PZ89-11 until the next meeting, seconded by Commissioner Bannock. Since the Council will be meeting at odd weeks in October, this means that the Commission may be meeting October 2 5th . The motion is intended to mean whenever the next meeting will be scheduled. VOTE: Motion passed by unanimous consent PLANNING & ZONING COMMISSION September 27, 1989 Page 2 5. APPROVAL OF MINUTES of September 13, 1989 MOTION: Commissioner Bannock moved approval of the minutes as submitted, seconded by Commissioner Walker VOTE: Motion passed by unanimous consent 6. OLD BUSINESS None 7. NEW BUSINESS a. Preliminary Plat PZ89-12: Replat Lots 51 & 52, Block 1, Redoubt Terrace S/D Planning Specialist Loper explained that the minutes of the last meeting revealed that no main motion had been -made approving the plat. There were several amendments, however. Discussion followed regarding the staff comments on the plat since the plat and encroachment permit were no longer accompanying each other. Commissioner Walker felt that the last part of the statement presupposes that the permit will be approved. Planning Specialist Loper explained that the Borough will have no problem with the plat. That the encroachment is a City problem only in that we have zoning and the plat corrects, to an extent, a zoning problem. Even though the lot line is moved, there still is an encroachment. MOTION: Commissioner Bannock moved approval of PZ89-12 in the original form, seconded by Commissioner Glick Commissioner Walker indicated that he still felt uncomfortable with the wording of the staff comments. MOTION AMENDMENT: Commissioner Walker moved to amend by striking the phrase, "clears the title", seconded by Commissioner Glick. The Commission discussed the time frame for approval of the plat. It was pointed out that, as a plat it meets Borough standards and would probably be approved regardless of whether or not the Commission commented. Commissioner Bannock asked why the plat was needed, answer because the lot line ran through the building. However, even moving the lot line, the building still lies well within the setback. The plat will correct one part of the encroachment, the permit will correct the other part. PLANNING & ZONING COMMISSION September 27, 1989 Page 3 VOTE AMENDMENT: Motion fails - tie vote Vice Chair Bryson - yes Commissioner Bannock - no Commissioner Glick - no Commissioner Walker - yes VOTE MAIN MOTION: Motion passed unanimously Vice Chair Bryson discussed the early stages of discussion when the Commission was considering the encroachment problem. At one time the idea was to require surveying at the time of construction. Councilman Smalley stated that the initial fee for the permit was set at $500 which would have been the cost of surveying, however, due to strong opposition by contractors, the fee was dropped to the current $100. At one time a fine was considered, all the way to $500, however, Council rejected the idea and the encroachment permit was created with the $100 fee which pays for the advertising costs. b. Preliminary Plat PZ89-15: Maguire S/D Planning Specialist Loper explained _that this plat comes at the request of Council. While the Commission had requested a plat, the only one submitted had been a computerized plat. The Council request was more specific and the owner complied.w The engineers comments were discussed. Vice Chairman Bryson felt that in the event they carry through on their plans to replat they are going to have to put the water and sewer in. Commissioner Glick: The stub outs are at the southwest corner of Lot B right now. MOTION: Commissioner Walker moved to approve PZ89-15, Maguire S/D, seconded by Commissioner Glick VOTE: Motion passed unanimously by roll call vote 8. PLANNING a. Comp Plan Team Assignments There were no objections 9. REPORTS a. City Council Councilman Smalley reported on a presentation by Larry Smith regarding the closure of the Kenai landfill. The recommendation is that the Council will PLANNING & ZONING COMMISSION September 27, 1989 Page 4 look at the problem and decide if one more cell should be opened for another couple years' work. If the landfill were closed, Kenai would have to take refuse to Soldotna as there would be no landfill in Kenai. Commissioner Walker **. It was suggested that perhaps the Borough could charge for disposal. The second speaker was Lou Schilling who submitted a proposal for the airport bar and restaurant. When the bids went out, none were received. This proposal comes after the bidding was closed. b. Borough Plannin None C. City Administration None 10. PERSONS PRESENT NOT SCHEDULED TO BE HEARD None 11. INFORMATION ITEMS a. City Council Agenda - September 20, 1989 b. APA Planning Magazine A No comments 12. COMMISSION COMMENTS & QUESTIONS Councilman Smalley asked for a date for an additional work session on the Recreation Zone. The Commission set Thursday, October 5th at 7:00 P.M. at City Hall. The Commission will also discuss the Comprehensive Plan 13. ADJOURNMENT There being no further business, the meeting was adjourned. Janet A. Loper Planning Specialist Secretary to the Commission rra�+�s.-.�.; ._.-,er,x w..w�s..or� ...•...+�..�. -+ri. v:a•�.P :gym - •.y �.�. .....as, .� �-i v� ��'tti� r�7 .s tii �L -_A �'-�•� � .. __ a •. � i�r v.y ± >' � ~� r STEVE F GOP / DEPARTMENT OF LABOR `120 Trading Bay Road, Suite 290 Kenai, AK 99611 DIVISION OF EMPLOYMENT SECURITY Phone: 283-4304 AFFILIATED WITH U.S. EMPLOYMENT SERVICE September 25, 1989 City of Kenai 210 Fidalgo Kenai, AK 99611 The Businessmen and Businesswomen help make the Peninsula such a special place to live. You have proved that true by your quick and generous re- sponse to our request for items and information for guests visiting the week of September 25-29, 1989. We've put together some great welcome packets for the people attending training this week, and I'm sure they will be visiting many of our local businesses during their stay. Thanks very much for your generosity! renins �ISanula Service Area Manager asa Employment Service -Kenai Office 07-G10LH TELEPHONE (907) 586-1325 FAX 463-5480 Mayor John Williams City of Kenai 210 Fidalgo Kenai, Alaska 99611 Dear Mayor Williams and Council Members: 217 SECOND STREET, SUITE 200 . ) U N EAU, A LASKA 99801 September 21, 1989 Plan to Attend!!! AML 39th ANNUAL LOCAL GOVERNMENT CONFERENCE Juneau, Alaska November 15-17, 1989 As your municipality's representative on the Board of Directors of the Alaska Municipal League, I wanted to share some information about League activities and operations with you. The AML publications, specifically the AML Newsletter and AML Legislative Bulletin, do an excellent job of reporting on what's going on in Juneau, plans for the annual conference, and other issues of interest to those of us in local government. However, if you are like I am, you are often too busy to keep track of all of AML's accomplishments and services. I thought this would be a good time to highlight some of those for you and also to let you know about our recent decision to increase AML dues in order to continue the AML's excellent services. When the Board of Directors met last month in Barrow, we reviewed the year's accomplishments and a work plan and budget for the upcoming AML fiscal year, which starts October 1. We were faced with some difficult decisions, because the cost of providing services to you, our members, has increased dramatically since 1984, the last time that dues were increased: Recent improvements in AML's advocacy efforts, information flow, responsiveness to member inquiries, conference organization and planning, and member services in general are not without cost - - just as pro�'iding govu se�•ices tv your citizens is of without cost. Good management has enabled us to build up a cash reserve, and last year the Board decided to use a portion of that reserve to help balance the budget during the g g 19891 1990, and 1991 fiscal years and to minimize dues increases. The budget we adopted for the upcoming fiscal year does not anticipate an increase in expenditures, but we do anticipate a drop in income. To meet the anticipated deficit, we have taken three steps: 1) authorized the expenditure of $40,000 from the cash reserve, 2) restricted expenditures for travel, publications, , and salary increases, and 3) approved a small 3 percent increase in dues for all members, which will increase revenues by approximately $8,000. Soon you will be getting a bill for your municipality's 1990 dues, and that statement will reflect the 3 percent across-the-board increase. As local government officials, the other MEMBER OF THE NATIONAL LEAGUE OF CITIES AND THE NATIONAL ASSOCIATION OF COUNTIES AML Member Municipalities September 21, 1989 page 2 AML directors and I made the decision to increase dues reluctantly; nevertheless, as representatives of AML member municipalities, we made the decision in recognition of the value of AML membership to our communities. Last year, alone, the Alaska Municipal League, through its 114 members, was influential in convincing the Legislature to appropriate over $73 million more than its leadership and the Governor had proposed during the session for programs that directly benefit all municipalities throughout Alaska and their citizens, your constituents and mine. As you recall, cuts of 20 percent for the Municipal Assistance and Revenue Sharing programs, 20 percent in Pupil Transportation funding, 5 percent for the Education Foundation formula, and 4.3 percent for school construction debt reimbursement had been considered. In addition, legislators and the administration were talking about significant cuts in the Power Cost Equalization program and other programs that aid your communities. In the end, largely because of the efforts of the League, cuts to municipal programs, including education, were more than $73 million less than proposed. Another example of AML's influence occurred after the session was over, when Governor Cowper considering vetoing approximately $3 million from the amount the Legislature had appropriated for school construction debt reimbursement. AML and its members were instrumental in convincing him not to veto the $3 million and thus saved Alaska's municipalities and school districts from an even greater shortfall. No one of our municipalities can have the impact on legislative and administrative decisions that all of us together can have, and I am convinced that without the unified efforts of the AML each of our communities would have suffered much greater cuts in state aid for FY 90, perhaps as much as $73 million. The legislators listened to AML -- because AML represents over 95 percent of Alaska's citizens. The Governor listened to AML, because he understands the strength of our organization as a unified force. Our organization. is strong, and it gains that strength from both the diversity and the size of its membership. As AML members, we and our municipalities benefit from the Le* ague's advocacy efforts in many ways. With the passage of SB 66, AML secured some relief from the liability imposed by the Busby decision, one of the League's priorities for the 1989 session. AMU 1989 Municipal Platform also identified revision of several sections of the statutes governing municipal elections as a priority, and our efforts led to the passage of SB 173. Other AML priority issues made good progress in the legislative process, and we expect several of our goals to be achieved in 1990. These include HB 37, establishing a school construction grant program, and HB 159, which would temporarily exempt in -place resources from property tax. During the 1989 session, legislators also considered a change in the allocation formula AML Member Municipalities September 21, 1989 page 3 for distribution of fisheries business tax receipts and other shared taxes: some suggested switching to a 70 percent State/30 percent municipal split in place of the 50 percent State/50 percent municipal share established by statute. The proposed change never got very far, in large part because the League and its members let legislators know that the proposal was completely unacceptable to local governments. However, advocacy is not the only service the League offers. We also receive a wealth of information that helps us and our municipal employees serve our citizens better; learn more about the challenges each of our local governments faces and how others have dealt with them; have a variety of opportunities for training and growth; and have a chance to voice our opinions and shape legislative priorities for Alaska's municipalities. As 47 communities already have, we can also chose to insure our municipalities' assets and workers through the Alaska Municipal League Joint Insurance Association, a program developed in response to members' needs for available and affordable insurance coverage. Most important, as AML members we all can share in the League's efforts -- we need the League and the League, to be strong, needs each and every one of us. The League needs members, and it needs their active participation in setting priorities, promoting the interests of all local governments, and educating Alaska's citizens as well as Alaska's legislators about the important role local governments play in providing essential services in urban and rural Alaska. As the Board member representing your municipality, I am proud to take an active role in the League's activities, and I encourage you to join me. The Annual Local Government Conference is coming up -- I hope to see you there. In the meantime, if you have questions or concerns about AML's operations or policies, invite you to write me at Post Office Box 3475, Soldotna, Alaska 99669 or give me a call at (907) 262-2500. Lincerely, Kristin Lambert. Director, District 3 C/ADMIN:board FRANK H. MURKOWSKI ALAS KA i COMMITTEES: VETERANS' AFFAIRS (RANKING MEMBER) ENERGY AND NATURAL RESOURCES FOREIGN RELATIONS SELECT COMMITTEE ON INTELLIGENCE SELECT COMMITTEE ON INDIAN AFFAIRS Mayor John J. Williams 210 Fidalgo Kenai, Alaska 99611 Dear John: united 5tates 5mate WASHINGTON, DC 20510 (202) 224-6665 September 18, 1989 JUNEAU, AK 99802 (907) 586-7400 120 TRADING BAY ROAD, SUITE 350 KENAI, AK 99611 (907) 283--5808 109 MAIN STREET KETCHIKAN, AK 99901 (907) 225-6880 As you may know, the Senate recently passed comprehensive oil spill prevention and compensation legislation. This legislation contains a provision which I authored which will establish Citizen's Environmental Oversight Councils for each of the two main oil terminals in Alaska. The goal of my legislation is to prevent future oil spills by providing direct local citizen involvement in the environmental monitoring of Alaska oil terminal operations and oil terminal contingency planning. I firmly believe that only when local citizens are involved in the process will we begin to combat the complacency that had become pervasive prior to the Exxon Valdez. The Citizens' Councils will_ be composed of citizens belonging to those groups that are, or may be, directly affected by the operation of the terminal facilities. If interested in City participating, the of Kenai would certainly have a role in implementing this legislation. As a leader of the City of Kenai, you could offer valuable assistance in establishing the Y parameters b which individuals will be p selected to serve on the Council. The general concept that we adhered to in drafting ; s legisla`�-tation xkras to designate the nctilar groups that should have representation on the Council and then let the groups select their own individual representative. . While the legislation has not et passed the House and may Y p Y change somewhat in form, the basic concept of citizen participation will remain. I welcome your advice and assistance. Sincerely, Ao Frank Murkowski United tates Senator s WPM, n PARTMENT OF _ADMINISTRATION eox c Z, JUNEAU, ALASKA 99811-0209 PHONE: (907) 465-3250 C3 `v OLDER ALASKANS COMMISSION o September 21, 1989 ems, �� } William Brighton, City Manager City of Kenai Senior Services 210 Fidalgo Kenai, Alaska 99611 Dear Bill: Please convey to the Kenai seniors our thanks for their gracious hospitality which helped to make the Commission's trip down the Kenai Peninsula a pleasant and memorable experience. We appreciated visiting with seniors in Kenai and enjoyed your beautiful senior center. Eating lunch there convinces us that senior programs continue to provide the best hot meals in town. As a result of our travel, each member of the Commission has a better understanding of your particular senior services program and community. Now, when we talk about the Kenai Senior Center in future meetings, we will each have a personal point of reference beyond the statistics on a piece of paper. Likewise, I hope that visiting with Older Alaskans Commission members has provided Kenai seniors with a sense of linkage to the statewide senior network that the Commission represents. We look forward to continuing to strengthen that network through cooperative efforts between seniors, local communities, the Commission, and service providers. Community -based programs like yours help seniors citizens like us maintain independent Alaskan life styles to our fullest capacity. Thank you again for sharing the Kenai senior program with us. /iS5;ncerely,, __ . . Peggy Burgin Chair cc: John Williams, Mayor Pat Porter, Project Director Older Alaskans Commissioners 02-B25LH i quo i � DEPARTMENT OF EDUCATION GOLDBELT PLACE 801 WESTIOTH STREET P.O. BOX F JUNEAU, ALASKA 99811-0500 MEMORANDUM NUMBER 90-08 _September 14, 1989 9 to ft���y •--� i 0 -. -.► TO: All Interest Muni ci al Officials _n f. FROM. Steve Hole. �� Deputy Com ss�oner p y �.. RE: DOL# 993-88-0019, Extension of the public comment period of the supplemental notice of proposed changes in the regulations. dealing with state aid for school construction debt retirement. The _Department .of -"Education :di stri.buted for :publ i c.- comment -.the ,._attached Noti ce of Proposed Changes in the regulations..deal ing with state aid for school construction debt retirement and the material being proposed as regulation. In error, the department did not forward this material, described in numbered memorandum 90-041, to municipal ilties directly. Therefore, the department is extending the public comment period to October 20, 1989. I apologize for the oversight. The department will look forward with interest to your comments relevant to these proposals. Written responses must be recevied prior to October 24 1 889. and should be sent to the Commissioner of Education, P.O. Box F, Juneau, Alaska, 99811. At any regularly scheduled meeting following that date, the State Board of Education may adopt these or other proposals dealing with the same subject matter without further notice or may decide to take no action on them. cc: All Superintendents Office= of the Governor Juneau Anchorage Fairbanks Attachments: Notice of Proposed Changes Proposed Regulations 05-E 13L.H Supplemental Notice of Proposed Changes in the Regulations of the State Board of Education Notice is given that the State Board of Education adopted regulations at its April 4-5, 1988 meeting which deal with state aid for school construction debt retirement. More specifically, 4 AAC 31 was amended by amending and adding provisions which establish criteria for eligibility for debt retirement and other requirements for state aid for school construction debt retirement. Notice of these proposed changes was given b public notice dated December y p be 12, 1987. Notice is also given that comments may be made on- these regulations by writing to the Commissioner's Office, P. 0. Box F, Juneau, Alaska 99811 before 4:30 PM on September 15, 1989. This action is not expected to require an increased appropriation. ro riation. Copies of the regulations may be obtained by writing to the Commissioner of Education at P. 0. Box F. Juneau, Alaska 99811. The State Board of Education on its own motion or at the instance of any interested pperson, may thereafter readopt ..these regulations or adopt other proposals with the- same .-.subject matter without further notice --or may decide to take no. -action -on them. DATE: William G. Demmert Commissioner of Education 0 Register Education 4 AAC 31.060 4 AAC 31.060(d) is amended to read: i (d) For school construction projects approved for debt retirement AS 14.11.100, a school district shall under C1) provide for each ro uncompleted ' during � p project by October 15 of each year g its life, a completed project summary on a form prescribed department which details 1 p • bed by the all activity on the project from its inception to th preceding September 15; and p e (2) submit for projects completed after June 30 1988 ' more than $300,,000,,as which cost part of its annual report under 4 AAC 06.120, a statement from its auditors that the annual project summaries h 1 � p � dVe been fled and whether the annual project summaries are consistent with the annual report, 4 AAC 31.060(e) is amended by the adoption of subsection (7) w hich reads.: (7) an annual completed project summary form provisions of this section. prepared under the 4 AAC 31.060(f) is amended to read: (f ) State ai.d * under AS ' 14.11..� i 00 to eligible municipalities c i - . h pal � ti es wit: be calculated aced on the basis. of applications received by the deadline imposed this section and will be issu p sed by ed upon receipt of a notice of payment b -the municipality from the bond holder or paying y attributable � P y 9 agent, except the amount j e to projects for which: (1) the department has withdrawn its approval under 4 AAC • 31.075, (2) the local bond election occurred after June 30 19 July 1, 1988; or 87 and before (3) the bond election occurs after June 30, 1988 and Proposition does n the ballot of include the estimated total cost of the project, including total interest; estimated annual p ; the estimated amounts that will be paid by the state and the muni the bonds which finance c i Pa l i ty on the project; and the estimated amount due in annual taxes on $100,000 in assessed value to retire the debt. 4 AAC 31- 0600) is amended to read: Y�Y 1) ho► .J.#standingthe rovision provisions of subsections (j) and (k) of this section, t y..Cost of planning, design, and construction for a new facility, or the reps i r� T, rehabilitation, or remodeling of an existing i s t i n approved for 9 facility will be PP o debt retirement under AS 14.11.100 if at least one of the following conditions exists, the means selected by the district to cure the condition is the most cost effective method, and the department p ent determines the conditions, if unabated, may require that the facility cease being used to provide the educ ational program or in support of the educational ro ram: p 9 Register Education 4 AAC 31.060 (1) a condition that is in violation of one or more of the nationally recognized building codes, fire codes h y health or safety codes, or state or federal statutes or regulations, and the condition is verified b acceptable to the department; or y a means (2) a condition that, if unabated, presents an unreasonable risk to the structural integrity ty of the fact 1 i ty or to an essential portion r 0 si qnif1cant _purpose or structural element of the facilit (Eff. 3/l/78 Reg. g 65; am 2/24/83, Reg. 85; am 12/2/85, Reg. 96; am 1/8/86, Reg. 97• am / / 9 � , Reg. ) Authority: AS 14.07.020 AS 14.07.060 v AS 14.11.010 , AS 14.11.020 AS 14.11.100 AS 14.11.102 AS 14.11.132 4 AAC 31.061(d) is amended to read: C1) costs of change orders, contract amendments, contractor's claims or other modifications that enlarge the scope of a project, or that increase the .total -cost of the project -_budget ..abov.e _ an ,amount which is the 1 esser of _ the amount. _approved by- :the -voters --at the -bond -election required under AS 14.11.100( ) or the -amoun j t approved by the department, or the initial contract amendment except for unavoi dabl-e or unforeseen circumstances that are not the result of imprudent management; or (2) the cost of repairing or replacing items which the department determines are not essential P to operation of the physical plant or which are not normally scheduled for routine maintenance or replacement, unless such repa40 ir or replacement extends the useful life of the building and the cost thereof exceeds $10 46 (Eff. 9/12/85, Reg. 96; am 2/8/86, Reg. 97; am Reg. Authority: AS 14.07.060 AS 14.11.100 AS 14.11.132 4 AAC 31.062(c) is amended to read: (c) the department will, in the exercise of its discretion.. den or limit [THE] reimbursement for y o costs associated with a facility's i ty' s construction if t. Y t [THE FACILITY] fails to meet the requirements of 4 AAC 31.020 or 4 AAC 31.061; or [IF UPON AUDIT, THE COSTS ARE EXCESSIVE.] (2) the department has withdrawn its approval f .p pp o the protect under the provisions of 4 AAC 31.075. 4 AAC 31.062(d) is repealed and readopted to read: (d) The department may at any time for debt retirement under AS 14.11.100. requires is an allowable cost of school am 2/8/86, Reg. 97) require an audit of a project approved The cost of any audit the department construction. (Eff. 9/12/85, Reg. 96; Authority: AS 14.07.060 AS 14.11 .100 AS 14.11.132 —2— l � Y Register Education 4 AAC 31.062 4 AAC 31.070 4 AAC 31.062 if amended by g addin • a section to read. () When the approval of a project is withdrawn under the all authority of 4 AAC 31.075, the municipality ty shall provide an audit t of the ' to determine b a method enerall accepted a project accounting practices a reed upon b the department and the municipality, any entitlements of the municipality for costs of school construction or the amount of excess reimbursements under AS 14.11.100 over the costs of school construction to 'which the state is entitled. Audits of � projects under this subsection shall detail all co incurred for school construction the costs proceeds from debt incurred to finance the -project, and interest earned on the proceeds of debt incurred to finance the project. This audit is separate from the audit which • ch may be required under subsection (d) of this section and its cost is an n allowable cost of school construction. . CEff. 9/12/85, Reg. 96; am 2/8/86, Reg. 97) Authority: AS 14.07.060 AS 14.11.100 AS 14.11.132 4 AAC 31 is amended by adopted a section to read: 4 AAC 31.064. REDIRECTION OF BOND -PROCEEDS.* If a municipality .has '.bondproceeds --remaining after the ..construction _of_ .a_ project approved. b th department for debt retirement under pp y� e the provisions of 4 AAC 31 .060 and local voters under the provisions of AS 14.11.100() and (SEEKS T j 0 PUT THE MONEY- TO A USE NOT CONTEMPLATED BY THE BOND ELECTION, OR] the municipality un�cipality seeks to construct a project different than the one approved b th LOCAL VOTERS IT h pp y e department (AND J the municipality may only receive reimbursement for constructed b s �f: the use of excess fund projects C- the new {USE OF THE MONEYS ro ect is approved Pproved by the department (2) the bond Proosition oriqinally approved by the local voters authorized the use of an excess funds for school capital project such as the new pro ect, or (3) the municipality meets the requirements . of AS 14.11.1000j), including the requirement for a municipal election to approve the C Eff . / / R pp . new use of the money. Reg. ) Authority. AS .14.07.060 AS 14.11.100 4 AAC 31,070 J *s amended to read: Y. 4.AAC :=,�010. REIMBURSEMENT OF RESTRUCTURED OR REFINANCED INDEBTEDNESS. (a) Reimbursement under AS 14.11.100 for payment of restructured y or refinanced school construction indebtedness may not exceed the amount which would d have payable on the indebtedness in the year for which reimbursement is claimed had the in debtedness not been restructured or refinanced, exce t f restructured or refinanced indebtedness issued of or ter June 30 1987 or before January 1, 1989 (1987]., -3- Register Education 4 AAC 31.070 4 AAC 31.075 (b) Refunding bonds issued after June 30, 1987 and before January 1, 1989, may have an annual debt service exceeding the annual debt service of the refunded bonds, provided the refunded bonds had more than five years remaining on their term and, the term of the refunding bonds is not more than twenty years. (c) ,This section applies to bonds, notes, and other indebtedness restructured or refinanced after December 30, 1982. CEff. 12/30/82, Reg. 85; am / / Reg. ) Authority: AS 14.07.020 AS 43.18.100 4 AAC 31 is amended by adopting a new section to read: 4 AAC 31.075. WITHDRAWAL OF PROJECT APPROVAL. (a) The approval granted under 4 AAC 31.060 which authorizes a project for debt retirement under AS 14.11.100 expires five years after the approval is given unless a local bond election meeting the requirements of AS 14.11.100(j) occurs during that period which authorizes the sale of bonds to finance the project. (b) If, after the approval of the project for debt retirement by the ..department and the .approval .of the project by local voters in . a bond election required by AS * 14.1.1 .100(j)., no activity, as evidenced by - annual project summaries which meet the requirements of 4 AAC 31.060(d), occurs during any fiscal year, the department.shall withdraw its approval of the project. (c) If during the life of the project, the voters of a municipality by referendum choose to cancel a project, which had previously been approved b department and the local electorate y the de p o ate �n an election meeting the requirements of AS 14.11.100(j), the department shall withdraw its approval,of the project, effective on the date -of the referendum. (d) The withdrawal of approval of a project under subsection (a) and (b) of this section is only effective if the department first gives notice, and the school district is allowed not less than thirty days to give adequate assurances that the appropriate action will be taken to move the project toward completion. The department shall determine whether the assurances are adequate and may extend its approval in writing for a period of not less than 180 days to enable the school district to make progress on the project under such conditions as it deems appropriate. If the department determines that adequate assurances have not been given, it shall' cancel the project. Nothing in this section requires or prescribes the withdrawal of project approval for school facilities constructed by phased- stages. A school district dissatisfied with a determination made under this subsection may appeal the decision under the provisions of 4 AAC 40.010 through 4 AAC 40.050. -4- Register Education 4 AAC 31.075 (e) If the approval of a project is withdrawn under the provisions of subsections (b) and (c) , and bonds eligible for debt retirement have been sold, and debt retirement payments have been made, the department shall i the preparation and p direct p p an audit of the project, which meets the requirements of 4 AAC 31.062(f), be prepared by the school district. (f) The department shall determine the amount of an additional entitlement to which they d tional school district is entitled or the amount which the state is entitled to recover from the municipality. A school di y strict dissatisfied with the determination may appeal the determination under the prov_i s i on s of 4 AAC 40.010 through4 AAC 40.050 . (Eff . / / Reg. ) Authority: AS 14.07.020 AS 14.07.060 AS 14.11.100 -5- r AR A 1 �a BoaouGH MatanuskamSusltna E P.O. BOX 1608, PA LM E R, A LAS KA 99645-1608 * P H O N E 745-9682 September 22, 1989 City of Kenai Mayor John J. Williams 210 Fidalgo Street Kenai, AK 99611 Dear Mayor Williams: BOROUGH MAYOR The Matanuska-Susitna Borough will be hosting the October 21, 1989, Railbelt Coalition meeting at the Cottonwood Public Safety Building rom : 0 a.m. to 4:00 p.m. We invite your community to participate by sending your council or assembly and appropriate staff. I am soliciting issues that you feel are important to the railbelt area that can be placed on the agenda. Since lunch will be provided, it would be appreciated if you could give me an idea of how many plan to attend from your community as soon as possible, If your municipality would like to have a resolution considered by the entire E group, please provide my office with a copy so that we can include enough copies for everyone to review. There will be a copier available during the meeting for any items not included on the agenda. The most critical point of discussion at this meeting will be the use of the Railbelt Energy Fund. I have taken the liberty to invite representatives from the Alaska Rural Electric Cooperative Association, Inc. to attend as well as the Alaska Railroad and various legislators. A map showing the location of the Cottonwood Public Safety Building will be sent at a later time when I send out the tentative agenda. Should you have any questions, please call Linda, our Borough clerk, at 745-9684 or contact me at 745-9682. - We value each and everyone of your opinions and . hope you will attend October 21. See you then!!!! Sincerely, Dorothy A. Jones Mayor DJ/kj 1791-15 CITY OF i '110d eapd4d 4 44u4a 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907.283-3014 MEMORANDUM TO: William J. Brighton, City Manager FROM: Keith Kornelis, P.W. Director � DATE: September 29, 1989 SUBJECT: Kenai. River Public Boat Launch FOR: Council meeting of October 4, 1989 At the last City Council meeting our Council wanted me to lout together some information on the new proposed Kenai River Public Boat Launch. I have put together the following: A. Your letter to Mayor and Council dated June 19, 1989 with attachments of a map and a letter from Bud Lofstedt. B. Notice of the August 9, 1989 meeting, attendees, minutes and to do list. C. Project rough cost estimate. D . Agenda from August 21, 1989 meeting conducted by ADGC and attendees. E. Area map. F. Letter of notification for site visit on October 12, 1989 at 9:30 a.m. G. Council notes from the City Clerk dated August 2, and September 6, 1989. I will also be bringing to the Council meeting a large area map, a topo map, the Dungell-Johnson Act, some pictures, and other information that Council may want. At this point it looks as if the Public Works Department is going to recommend working with Chester Cone to locate this facility on his property. He knows that we may be interested and he is receptive to the idea. Page 2 All of the work and meetings that have taken place up to now are only in the preliminary investigative stage. We did want to get all the various agencies involved right from the start. We want a location that everyone can agree on and an area that we can all pull for. We have to get at least four ( 4 ) permits that I know of and many agency's approvals. The City is having a site visit on October 12., 1989 at 9:30 a.m. starting at City Hall. The Mayor and City Council are welcome and encouraged to attend. C, 1791-1991 CITY OF KENAI 0 Oapikd 4 .__ 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283.7535 FAX 907-2833014 MEMORANDUM TO: Mayor J. Williams and Members of Kenai City Council FROM: Wm. J. Brighton, City Manager DATE: June 19, 1989 RE: Cunningham Park and Additional Boat Ramp At the June 7 City Council meeting, the Council asked "Does the City the have right to trade Cunningham Park for other real estate of a larger size that would permit the same uses with a boat ramp?" Attached you will find Exhibit Al. which is a i Quitclaim Deed to Cunningham Park, and Item 2 in that Deed is one of the conditions subject to the gift. It is a reversionary clause that indicates a reversion to Martha Cunningham or her heirs in the event the property is no longer used as a park. The second question the Council asked was regarding the g g availability of the lots adjacent to and downstream from Cunningham Park. Identified as Exhibit A2, are the four lots in question, parcel numbers 36, 37, 38 and 39 which Bud Loftstedt owns, with the indicated assessed valuation of $42,000 per lot for a total of $168,000 and a total acreage of 4.769 acres. Mr. Loftstedt has indicated that he has promised at least one of these lots to another party, therefore it is unlikel the C' . could Y City ` get all four of them, The third question thi q stion that the Council asked " - was, Are there any r�other areas along the River that could -perform the s • p same service as Cunningham Park but - • ngh do it more adequatel efficien y tly and accommodate larger numbers of people?" Exhibit A3 is a •-10 acre _ lot with an.assessed value of $96,300 abuttingthe river r for the entire length of the lot. Please note that the numbers I have used in this memo are assessed value figures provided by the Borough for taxing purposes and are not prices for the lots under discussion. Exhibit A3, if it were available at a rice the e Council was willing to pay, could resolve one of the dilemmas • that the Council has � wrestled with for several years; a large area, further up river from the present site of the boat ramps owned by the City and an ample amount of space to park man vehicles, and would appear to be an at Y tractive place for tourists. wanting' to put their (-fiver . ATTACHMENT A • PAGL ! of In order to prevent the City from being accused of competing with present and proposed overnight R/V parks, the Council could designate Exhibit A3, should they have title, as an area where tourists can put their boats in the river and park during the daytime and put their R/V's on one of the overnight R/V parks being established or that might be established by private enterprise. Janet Loper has gone one step further and checked with Parks and Outdoor Recreation and Fish and Game regarding access to the river from the Loftstedt property identified as Exhibit A3, and received a verbal and strong support for developing that ten acres in a fashion that has already been described in this memorandum. From a visual observation of the ten acre site, it appears to be heavily wooded, 98% outside of the wetlands description, and an ideal location for what it appears Council is looking for in order to provide additional municipal access to the Kenai River. Also provided in this packet is Exhibit A4, which is a memo to me from Janet Loper concerning her telephone conversation with Parks and Outdoor Recreation and.Fish and Game within the State of Alaska, Exhibit A5 is an offer to sell or lease the lots under discussion. WJB/kh ATTAiCH M EHT PAGi E OR (° t. 44 000 lob of r 1- t t 1�ti�I�t, t city of sl top.*ty t•t •s a !t+►lit pc►. w►�Kt stoat• c•ttsts is ! t • * tt ta• �• tasll�tate.i co•.�tttoaa.� tit seta►1is�•t •f N tit etlat a ; i ►• a s��+�s:t t• t►t.se taa.tltio•s eitlt t�. •tlioc rl• 1 + y tt.,cstslst to folio%$ ••,AtTVA t • CV *Sold:'fit :�. u•�• 1u. tt►� *Sor•� �� t��t. tz.. ct.•tet. 1 !r.• ah.' �'o•,et• tct • tat�stis t«►sl:.tatlo+ flee. tyt Gt•.ts•. • • t �• wls s►at tc tea�rsYs a*.' a�tetla!-s to tls City of Yteat. • of tatioa. •ttasi=e� W".t w• of %%* State of • t •�slcftsl t 1`e ll ittsst W%tc% she has i• IbIO tellwl•t +ssctl� ! � li v►a • • stJ►I asta i teal t�otty tit++at#: &a tM [tssl jacea4L►t aisttici. t • T%* Last 300 toot of TTi Z,give tstf wtttse.m, t!CJ 0 ttYt 9 t. Flat r1 ew file rtt% the accot:t�t [ssa1 cisttict locotdst. Alas s. SvLncl TO: • •f tts ,te•atsJ sts• `Co�rl�;`•a^ ..s''erisl ' ►at1". melts f• ales to •`sttls C.�.►�Z1►,� et 1►.r Of _. � re•t ,"tty is st essz a• a pstl. slrs.t t�•:.. iMS pplsttrl y �• TUC Borate.! teal lteysttYat the $ball►caesst+Ie f Cho city of • • � ats aTt recta 1y the tTei'+T seLl►otttiss at cos: to t% COs•t• • t1►e Gtaot•• of Oil all •losrat ss1 ASSOC VAtLqA •' �,: '"'; tls!►ts, tscftt COAL. •t tt' Mcs•'sst. DAILD atIIIAIL OF t�sloYtss. f IL IL ;� • ' M. • � r• +• lily :i"rP oy Cc+t".tY of •+ M ..• .',�. � c�a�+.�a��► j:it ti 1 t it�� � t i YCost sit t� . � . • to t* r b�:s f 1 I �s• ♦ ••.• ��• fir �`�,•., i • �'i•� .1,.~1 •`••. r_ t �A�� �r sti-m . ��..,... . r��•c • •. t �1 tit a•►�s• 1' .cct •ss tt;rrl ar.1 1 • ,� _ A, !� • • ••-•• ime A • �� • • 0 i qp ATTACHMENT ir fop X ,,t . � . 1, • , I s� J .v A n. :4 • 3..14 A c. 1� o x • 33.4 SAC. �1 1! A.C. ` ti � v 3 �ti �� � 1•• ♦od � y 4 � %. j • y v Jt • T I � �i • VGA TR. 7 (WILD ROSE LAKE) Lop - P g RQ 1 2 3 4 3 6 \J ir. TR-,TM 1 B L C O M E •ya '. TR. 4 T R.3 TR2 'Icm 72 z4 . w 1 o s s a. 0 20 u7aG Zu AC. �s Of 1 0 IQ AC 1.18 Tx 7 S 113 *• �� •� 2.4si►C. • . 6J f r' -, fro . 1.04 A G 1 19 .A S AC. - 1.00 A C . 103 '.i 0 - _ 1709 �- 1 ,? 3.61AG j ' f� � J � � �8� _ r • .' � LLLJJJ ✓ �;. • r �' - �� TR. 8A vTRa fk • 4.47AC. O r• I \ ww f i? TR. 9 o e At. 2-SOA-C JO I.02 .� 0 k J AC. •• 101 L03Lc_ 3 E t03 AC. 1791-1991 C I T-Y OF KENAI t 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907-283-3014 MEMOP.ANDUM — TO: Bill Brighton, City Manager FROM: Janet Loper DATE: June 15, 1989 RE: Availability of Access from Lof stedt Property I have discretely checked with a couple agencies (Parks & Outdoor Recreation and Fish & Game) regarding access to the river from the Lofstedt-property. Both agencies were familiar with the property and felt that, while it is closely adjacent to wetlands, it is not close enough to be hindered. Both agencies pressed for a general description of use, which I did provide them, and both stated strong support.. Do you wish this carried any further, such as written comments prior to presentation to Council or would you prefer to wait for -the permitting process? I am available at any time to assist. ATTACHMENT A PAGE ` OF - .y r Mr. John Williams/Mayor City of Kenai 210 Fidalgo Kenai, Alaska 99611 June 19, 1989 Dear Mr. Williams: Per our discussion, I would like to propose the following as our offer: 1) We will agree to sell three (3) lots adjoining Cunningham Park on BeaverLoop Road for $75,000.00 each. With a possible option for the City of Kenai to buy a fourth lot. 2) Concerning the other ten (10) acres on Beaver Loop -also discussed we would be willing to lease this property on a long term basis. Specifics and terms to be agreed -.upon after discussion at a later date. • Thank you very much -for considering our offer and we look forward to hearing from you soon. Sincerely, Vernon L. "Bud" Lofstedt VLL / vl • ilk, �. cc: Mr. Bill Brighton City Manager ! ✓ Y ATTACHMENT to � PAGE O � 1791-1991 CITY OF KENAI 0 %oil (gapil..eai 44zd.,4a 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907-283-3014 August 4, 1989 TO: All Concerned FROM: John J. Williams Mayor There will be a meeting with Alaska Fish & Game representatives, a Harbor Commission representative and Administration on Wednesday, Aug. 9, 1989 at 3:30 PM in the Public Works Conference room. To be discussed: Additional Boat Ramps in City Dingall/Johnson Act Federal Matching Funds JJW : j r ATTACHMENT PAGE./ 7 OF � t 5 :�- ATTAC H M ENT � PAQ KENAI CITY COUNCIL - WORK SESSION AUGUST 9, 1989, 3:30 PM KENAI CITY HALL MAYOR JOHN J. WILLIAMS PRESIDING ATTENDANCE: Council: Mayor John Williams Administration: Public Works Director Kornelis, Engineer LaShot, Clerk Ruotsala, Admin. Asst, Howard, Planning Secy Loper Harbor Commission: Chairman Barry Eldridge Fish & Game: Dave Nelson, Norval Netsch, Tom Donek, Kevin Delaney I. ADDITIONAL BOAT RAMPS IN CITY Mayor Williams. To access the river closer to Beaver Creek we would like to trade land with Chester Cone. It will open bank sports fishery along the river. We could have a boat basin below the Cone property to get boats in and out. It would be similar to Poacher's Cove, Public Works Director Kornelis. Alternatives are: You could go across the river. Mayor Williams. There is no access. Mr. Kornelis.. Or to the Lofstedt property. The Simpson property is for sale, but it will bring people through a residential area. Mayor Williams. We could have a parking lot, launching pond and concessioner. Mr. Kornelis. We should do all the improvements. We may have to run it at first. Mayor Williams. We could have one,long channel instead of floats. Mr. Kornelis. Or 2 channels, in and out. Mr. Kornelis. By Oberts is too expensive and too high up. Another option is State-owned land by Beaver Creek. There is no access, we would have to work with Murphy. Mayor Williams. We want to stay away from Beaver Creek, it is controversial. This is a public entity, public access for public use. It will be easier to get a wetlands permit this way. There would be no overnight camping, the concessioner would take care of the waste oil, we will need bathrooms. The City will approve the rates. The concessioner can dispense fuel if he wants to. ATTACHMENT FISH AND GAME REPRESENTATIVES ARRIVED, 4:10 PM SAC 3 01 % .__. U BOAT RAMP WORK SESSION AUGUST 9, 1989 PAGE 2 II. DINGALL/JOHNSON ACT III. FEDERAL MATCHING FUNDS Mayor Williams. I talked to Paul Krasnoski, Fish & Game, Anch. We looked for lands to utilize. We are serving the public, there is no public access on the river for 21 miles. Our City ramp is at the mouth of the river, it is for commercial fishing. The exception is during the dip net fishery. We have had problems with people trying to develop commercial enterprises in residential zones. Anglers Acres, Beaver Creek are controversial. We have been pushing tourism and the Bicentennial. We had no motor home parks, we have 3 now, one on Beaver Creek. We need river access. Cunningham Pk. is expensive and not good for boat launching, the neighbors object. The City owns 2,100 acres in the area. We may be able to trade. Public Works Director Kornelis. The alternatives are: Cunningham Pk. with the Doyle property for parking, the area below Cone's property (we think this is the best). The City owns land, Mr. Cone owns the right-of-way. We could buy or trade for City land. Mayor Williams. It would be a boat launch and parking area, boat berths, concessioner. There would be no overnight parking. Norval Netsch, AK F&G:. What is the current? Mr. Kornelis. Not bad, it is almost dead at low tide. It is a 2-way current. It is 7 miles from Cunningham Pk. to our dock. Mayor Williams. The greatest amount of fishing is from Eagle Rock to the bluffs. Mr. Netsch, Dingall/Johnson Act is restricted to benefit to sports fishing. Mr. Kornelis. We could put a gravel strip to protect the banks, about 10 ft. Mayor Williams. We should arrange an inter -agency meeting regarding how far we can go. Mr. Netsch. We will be working on the 1991 budget. Tom Donek, AK F&G. In the budget, 60% goes to Mat -Su Borough and Kenai Peninsula, based on usage. Mr. Kornelis. We are not ready for profit businesses, would that make a difference? Mr. Donek. We would want to know the private boat launches on the river. Where are they and how do they feel? Mayor Williams. Eagle Rock is the only one. It is to the maximum. -�-. AWACHMENT ,. PAQ E 0� BOAT RAMP WORK SESSION AUGUST 9, 1989 PAGE 3 Mr, Donek, The Corps. of Engineers will ask if the City has an alternative that is not wetlands. Mayor Williams. The City owns 2,100 acres, most is wetlands. Mr. Kornelis. We have looked at alternatives. There are access problems, some people are not willing to sell. Mr. Netsch. Maintenance is a concern. There should be a provision for City responsibility. Mayor Williams. We would have a cooperative agreement. We would expect to maintain. Mr. Donek. The Feds require a guarantee that funds will be used as stated. They will fund, the City will guarantee use for 20 years. You could renew, but you do not turn over ownership. If the City uses the land for a match, the City would have to dedicate use but would retain ownership. Improvements and the cost of building an access road could be used for match. We are better at getting grants from the State for match. Mr. Netsch. The match would be in our access budget. Mayor Williams. We would be better utilizing City lands for a match. Mr. Donek. The land would have to be appraised. Mr. Kornelis. Could Federal money be used for the access road? Mr. Donek. They would prefer not. Harbor Commission Chairman Eldridge. Could the project be phased? Mr. Netsch replied yes. Mr. Donek. But each year we would have to go to the Legislature. Mayor Williams. We could use income from the dock. Mr. Donek. The Feds do not like launch fees. Mr. Netsch. If there are fees they should go back into the dock, maintenance or improvements. Mayor Williams. We will have to: a) get costs of the program, b) exchange land, c) talk to the Feds. What is the time frame for the 1991 budget? Mr. Netsch. Next Tuesday (8-15-89). We do not have to have a final figure. Mayor Williams. If there is a problem, can we move forward? Mr. Donek replied yes. Mr. Netsch. It is getting tighter on plans. Mayor Williams. Engineer LaShot will get the preliminary figure by 8-15, for the ramp and the parking lot. Mr. Donek. It has to be less than $200,0000 Mayor Williams. We should figure the cost of the road ATTACHMENTIto where we need it and the cost of the ramp, a filled 6 rea for 50 cars, a separate road and ramp/parkinglot. FAQE OF ; . k 40 BOAT RAMP WORK SESSION AUGUST 9, 1989 PAGE 4 Mr. Donek. You will have to specify the use of the road. Mayor Williams. If we build the road, we will stay under $200,000, We own 36,000 yds. of gravel, we could force -account. Engineer LaShot. We will need rest rooms. Clerk-Ruotsala was directed to make an appointment for Chester Cone to meet with Mayor Williams. Mayor Williams will arrange a meeting with the Corps. of Engineers for 8-21 in Anchorage, Public Works Director Kornelis will attend. Mr. Netsch. If we get a figure, we could set priorities, see the money we will have for 1991. Funds would still apply if you change the site. This looks like a viable project. Mr. Donek. Dave Nelson, AK F&G, can come up with use figures. Mr. Nelson and Kevin Delaney, AK F&G, can get need statistics. ADJOURNMENT: Meeting adjourned at 5:00 PM. GL� Janet Ruotsala City Clerk Mftr:- ATTACHMENT PAGE OF % Z�YFo —r$ 1J TO DO LIST August 9, 1989 WORK SESSION - BOAT RAMP PROPOSAL 1. J. LaShot - Preliminary figures for boat ramp proposal by 8-15, send to Fish & Game - Juneau: a. Cost of road b. Cost of ramp c. Filled area for 50 cars d. Rest rooms 2. J. Ruotsala - Make appointment for Mayor to meet Chester Cone. 3. K. Kornelis - Schedule meeting 8-21 in Anchorage with Corps of Engineers, Interagency people, Mayor and Public Works representative regarding wetland permits, etc. 4. J. Ruotsala - Make travel arrangements for.Mayor when 8-21 meeting is firm. ir ATTACH M ENT { fi FAQ E Q F IN r art .... a+ `ACCESS ROAD: CITY OF KENAI CapiW 4 44" 210 FIDALGO KENAt, ALASKA 99611 TELEPHONE 283 - 7535 NEW BEAVER LOOP BOAT LAUNCH PARKING AREA Sc RESTROOMS COST ' :ESTTMAT1R 1250 LF gravel road with 26' driving surface Clearing Lump Sum $ 51000 Excavation - .3000 CY @ 3.00 9,000 • Gravel Backf ill :: < . '; 4650 CY @ 6,00 27 , 900 _; ` _ Fabric 1250 SY @ 1050 1,875 CMP 200 LF @ 25,00 5,000 - -. - r.. Seeding , .. g F: • .: . Lump Sum_ _ 3.000 CONSTRUCTION TOTAL 51 7 7 5 ENGINEERING/ INSPECTION ADMIN. ETC. '=-~ 20% 10 355 Y.. .' SUBTOTAL 6 2 13 0 ` f CONTINGENCY - 10% 6 213 -.ti TOTAL L 68 343 yj, r-''� ,r•. a - (yyam. .• = i6 PARKING AREA LAUNCH & RESTROOMS : TT tF� 2.25 Acre parking area,. 16 ' wide, 150 ' h long launch ramp "and wood frame res trooms with holding tank st „YYL9';7 Fy,�k'it: k'tt..i -ti,.,Y -, •. .. .— t_ y rr . I r, :�'. - ., —..i r t u4 Gravel Backf ill .. •14 , 000 CY @ 5.50 $ 77 000 - -- - Fabric v 1.; 13,000 SY @ 1,00 , 13,000 i4 i 1 • tiLaunch Ram rj� •=_�'K fit(' � Res • �15 0 LF @ 2 5 0 . .• � ;Y' � - 37, 500 '. a t,,•:, troom .. Lump Sum 2 0, 0 0 0 Y+.Miscellaneous Lump Sum 5100 { CONSTRUCTION TOTAL 15 . $ 2 5 0 0 Al ENGINEERING/ INSPECTION ADMIN., ETC 2 0 SUBTOTAL $18 3 , 0 0 0 :}=' j: '-, y• •..-r--.r.....i..y •::.wi;. .s.r CONTINGENCY - 10% 1 8 1 3 0 ` TOTAL f0 .,. -, ATTACHMENT � 1*• �.•:-.` K, L fiL 'y P AOOF ! t y 1 4 /0 74i•s,��. ,•,' .AGENDA --CITY OF KENAI PROPOSAL --BEAVER CREEK BOAT LAUNCH ' �.I. Introduction Presentation of Project Components and Location '44 ;� • i «. . 1 :t+i;!• . . Summaries of Agency Concerns `. `' �� • �� • •jy�♦ ' !�i `� - - •. ••- ,_'H }��- �•�• �• • Yt.. ' 1 .. '. - � ��r�� ��v �~ L'1►�� ,'a ti% j((j a�� . 'a. . .i. - - � � �. . A '� �•'}'{ yi ��� ♦ - :-i1ti�. '�' ' .! . � �, �•i.: . +: - 7.7' '� .w i' .. � ... W'i.ii""•y.� �.�� .�• '-�y.+'."gCja-=.#, • , !•t.r ' •l� ,. ,: r - •� �,�1 •��. .. �1, •,1 � - • -�\:��.a► yy •�t • �' �J { r•a•t:ir./r •',,;�••� _ � • ''.S - �.. '+•.�\. ,ley r,•. } �, • •• � . 1! .a .� �.f .� � ��ir� . *'i'i i� ��' ', ��'�r' �' { %• �- '!•��.t} -',� s�iJ� '?.;;i�`�f•`�'!�';�i'�, �ti ;. ;. .r ;. .- = •a : ��� �: Summaryof Required � ,• . • _; • . • ., � � .. ' ' ,• • ..... - . �_ � Permits .. .,.;:� - �� ��,. �., - �- � r , m ��,�;.. •�; :� V• Steps for Completion of State and Federal' Reviews ATTACHMENT 40 PAQ R. 0 F 1 • Sub ec t : Tza w�/ Applicant: ' Date: - 2!57 Time: D Place: . NAME ,•y REPRESENTING PHONE Jj _ -17-11 leeA�d 77� ,� igCr s %� �'�r * r i' 1 ks 1 i . : • -- ; i•- a . . _ � •� ice}.'; ♦ f � i-� c 2�'♦ '. ♦ r�s. y, .L f • -r s;f�+ . _ .. - - - •Jw 1 ZI -ri1`�S�f�l,ik. fir.• •�..' _ . ATTAC H M ENT • s rat , i,'' ''%r: Y IAG '"�.�c ,r'�r�r��'a.„6-q: r� :k,Y' -t. i~.y .s' ,... •� _ ,`y, - w •� �,:f ��, '• 4 .�1r.. 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Thompson Regulatory Branch (1145 d) PO Box 898 Anchorage, AK 99506-0898 Subject: Kenai River Public Boat Ramp Dear Mr. Thomason: The City of Kenai is interested in providing a public service of building, maintaining, and operating a public boat ramp on the lower Kenai River. As you know, such a facility is badly needed. We are having a site visit of the location we fee'. is most appropriate for this facility on Thursday, October 12, 1989 at 9:30 a.m. at the Kenai City Hall Council. Chambers. Af ter quickly going over some wraps and information we plan on providing transportation out to the site, We are inviting anyone who is interested so reel free to send a substitute or invite anyone else who mav be interested. If you can not make this meeting and would like to vJI-sit the site at a different date or time, please feel free to contact me. City Hall is a couple of blocks south of the airport, down Willow Street behind the Public Safety Building at 210 Fidalgo Ave. Give me a call at 283-7535 and I can pick you up at the airport. •_, Sincerely, Keith Kornelis Public Works Director KK/kv ATTACHMENT 4F PAGEN KENAI CITY COUNCIL AUGUST 2, 1989 PAGE 12 b. c. d. k. There will be other senators beside our own supporting this. It will be an economic benefit to the City. Governor Cowper has put his Washington D.C. office behind the cold water training school. (item I-1) 9-6-89 meeting with the legislators and lobbyist. ( item I-1) Councilwoman Monfor. It is difficult to have one hour before Council meeting, it is rude to the public if we go over. Council agreed to meet 9-5-89 at 7:00 PM. The letter to Dean's Printing. (item I-1) It should have been to Art Waters. We will put it on hold because of the difficulties. Councilwoman O'Reilly. Any response from Dean's? Mayor Williams. Yes, I took it to Legal Asst. Graves. Regarding City long term planning work session. Council agreed to wait till after the Oct. election. The lobbying effort for congregate housing and economic development can be discussed at the work session. The Airport Comm. needs an appointment, we have not received the resignation yet, but it is expected. We will need 2 appointments for EDC. We will need 4 appointments for Personnel Arbitration Bd. The City received a beautification award from the Chamber of Commerce during the noon luncheon this ate. We are continuing plans for another boat ramp somewhere in the river system. We met with Fish & Game people in Anchorage regarding Dingall/Johnson Act. We will meet Next Wed. at 9:00 AM at City Hall with Fish & Game representatives and Administration. NOTE: Time changed to 3:30 PM. 75/25 match from Federal Govt. may be available. 25% may come from the State or Lands System. We will continue to pursue. I-2 City Manager None I-3 Attorney Legal Asst. Graves reported, the appeal of the City vs PUC regarding utility relocation. 8-1 I received legal proceedings, HEA filed their appeal late. They have appealed to the Supreme Ct. I spoke to Atty. Rogers. He instructed me to file in opposition unless Council disagrees. Council agreed to the suggestion. He will file next week. I-4 City Clerk Clerk Ruotsala spoke. a. I will be taking a vacation Aug. 17 to Sept. 1. I will have the election ballots ready to print and the election work completed before I leave. b. The microfilm of Council records has been completed for the year 1987. 3 file drawers of records fit on 3 rolls of film. C. I have been appointed the liaison for the 1990 census. There will be training of census -takers .. ATTACHMENT AQ OF KENAI CITY COUNCIL SEPTEMBER 6, 1989 PAGE 15 i. j• I have been to Barrow for Alaska Conference of Mayors and AML Board of Directors. We will discuss further in November. AML members will be at a Sept. 19 meeting at the Borough (regarding the Borough pulling out of AML). All who feel strongly are urged to attend. It will increase our dues by $5,000 if they pull out. We will urge continuing membership. I met with Sen. Stevens regarding Federal and State legislation on the oil spills. Some laws are not conducive to Cook Inlet. There is considerable difference between House and Senate legislation. It could affect Cook Inlet commerce. The Fire Training grounds proposal. 16 agencies have been notified regarding our intentions. It will probably occur next Spring. The helicopter recovery school funding will be in the Senate on Sept. 11. I am preparing additional information. We may have positive news by the end of the month. It would be about $5 Million. I have enlisted the services of others to ensure we receive it. The City proposal for the boat facility. Public Works Director Kornelis is arranging a meeting to discuss the location. It will develop tourism. We anticipate the location behind Beaver Loop Mortuary. We would remove the boat ramp from Cunningham Pk. Financing, Council should be aware of. We expect $200,000 Dingall-Johnson funds, but will be short $150,000. Council should be prepared to expend $150,000 to complete this. It can be spent over 5 years. The land owner would prefer it that way. Councilwoman Monfor. We need to have a discussion about this. I did not know of it. Info 2 says work session. Mayor Williams. It was an Administrative work session, not Council work session. Councilwoman Monfor. We should know before. Mayor Williams.' We have done nothing obliging the City at this point. Councilwoman Monfor. If we are going to do this, we should wait till after the election is over and discuss goals and objectives. At the same time include the municipal park. We are talking a lot of money. Mayor Williams. Whenever projects of this type start, there is preliminary work. I spoke of this at last meeting. When we get together with these people, we found out we had to have an amount ready immediately. This would have come at last meeting had I been here. In order to have this for next year, we had to have figures ready. It will be necessary to have land to build this. If we decide to do it, we will enter into negotiations with the owner. The land owner is not attuned to a land swap, just cash. It would appear Council will be involved with 50/50 match with the Feds. It was necessary to get this in place right away in order to get in next year's budget. If we have a chance between meetings, we have to take advantage of it. If we want to continue developing we must explore all areas. I met with Korean representatives regarding Cook Inlet development. A Retirement Incentive Program work session must be before Sept. 20. Councilwoman Monfor. I read . ATTACHMENT;, Ai OF .1 1 1 � I PAYMENTS OVER $1,000 WHICH NEED COUNCIL APF'R,-VAL OR RATIFICAT10N COUNCIL MEETING OF: OCTOBER 4, 1989 FOR RATIFICATION: VENDOR DESCRIPTICfl DEPARTMENT ACCOUNT AM:)lIN T M I (Sc ALASKA OIL SALES FUEL SHOP OPERATING SUPPLIES 2.490.60 HOMER ELECTRIC ASSOC ELECTRICITY USAGE VARIOUS UTILITIES 2,365.79 BLUE CROSS OCT. MEDICAL IN'-S. VARJOUS HEALTH INSURANCE 2 8, 4 5.614 WALTERS & OLSON INS. CO. MISC. CITY INSURANCE NON -DEPARTMENTAL I N S U R AN -CE MISC. CITY INSURANrE N -DEPARTMENTAL INSURANCE STATE OF ALASKA INT. ON r.ASH BALANCE CONGREGATE HOUSIN,:-i GRANT 13 6 7,'.7', 03 SECURITY PACIFIC BANK DEBT `lERVI,E llAYM0-T1** 108-ti/86 DEBT SERVICE INTEREST 1081336.00 DEBT SERVICII-. PAYMENT 1984/86 DEBT SERVICE PRINCIPAL 163 1000-00 ALASKAN FEDERAL CREDIT UNION SEPT. CREDIT' UNION W/H VARIOUS LIABILITY 14 109'.2. 00 NATIONAL BANK OF ALASKA cEPT. FEDEFAL W/H VARIOUS LIABILITY 3 7 ,742.80 SEPT. MEDICARE W/H VARIOUS LIABILITY 1 ICMA RETIREMENT CORP. c-EPT. DEFERRED COMP. VARIOUS LIABILITY 11,750.00 SEPT. 401 PLAN VARI 10 U S SUPPPL. RETIREMENT 8,314.34 TELEPHONE UTILITIES lDHCiNE SERVICE- VARIC)US rn t4MUNICATICiNS 3,021.121 STATE OF ALASKA GARNISHMEiJTS VARIOUS LIABILITY 29004.52 NATIONAL BANK OF ALASKA CD 9/22/39 Cl,'-.NTRAL 'TREASURY CENTRAL TREASURY 1,150,000.00 8.25% INT. CD 9/28/89 CENTRAL TREASURY CENTRAL TREASURY 11485s000.00 8.25% INT. FOR APPROVAL: VENDOR DE`)CRIPTIrfl -MENT M Ic DEPARI ACCOUNT AHC)UNT HARLEY'S TRUCKING PAY EST. NO, 3 VIP STREETS CONSTRUCTION 244.375.95 QUALITY ASPHALT PAVING PAY EST. NO. 2 A/P OVERLAY C(X4STRUCTION 349313.13 -40 REQUISITIONS OVER $19000 WHICH NEED COUNCIL APPROVAL COUNCIL MEETING OF: OCTOBER 4, 1989 VENDyyORyyy DESCRIPTION ACCOUNT AMOUNT j yy yyyyyyy y y y 1y y,/ y ■ ■ ` ■ ■ ,, ` ,/ ,{ y `,/yDEPARTMENT y L1 yy ` 7���7.� 7. 7{�7� K�7if X 7. if �7�X'K ��'7L i. �7i ii 'K � 7��X 7'ii' 7c 7i ii �'�� iC n ii w'i\' w i� w'!l'�C 'X"Ii"A"R"ii ii' 7G � �i „'J`'�' ii%7`' l����ii 'ii'7c � ai '��'%'�i 'N'% if ��i ri'�'K 'K R � 7c 7f 'i."��i �'N"I' y ii '�C �•�'ji 7��� 7i 7f 7c 'ii 'ii 'IG iC '+G R'k 'K X'�"�"ii �iC •f. J!J JJ J.1'L AIR TER MISC. STREET LIGHT REPAIR STREET LIGHTING REPAIR & MAINTENANCE 29800.00 ANCHORAGE COLD STORAGE GROCERIES FOR OCTOBER COA-CONGREGATE MEALS OPERATING SUPPLIES 39200.00 GROCERIES FOR OCTOBER COA-HOME MEALS OPERATING SUPPLIES 800.00 FRONTIER FENCE INSTALL FENCE & GATES ACROSS FLOAT PLANE RD. AIRPORT M & 0 REPAIR & MAINTENANCE 2,945.00 GREATLAND COMPUTERS COMPAQ 286E COMPUTER & DOS PACKAGE AIRPORT ADMIN. MACHINERY & EQUIPMENT 3,512.00 AIR TER REMOVE LIGHT FIXTURES & POLES ON BACK SIDE STREET LIGHTING REPAIR & MAINTENANCE 19600.00 OF INLET WOODS SUBDIVISION REMOVE LIGHT POLE BASE AT AIRPORT WAY & SPUR Suggested by: Recreation Commission City of Kenai ORDINANCE NO. 1342-89 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AMENDING THE KENAI MUNICIPAL CODE, TITLE 19 PERTAINING TO THE RECREATION COMMISSION TO INCLUDE THE WORDS "PARKS AND". WHEREAS, Title 19 refers to the recreational aspects of the duties of the Commission, and WHEREAS, the Recreation Commission has long been involved in the creation, development, and maintenance of park areas, and WHEREAS, the Recreation Commission desires to have the words "Parks and" added to the title and be included in the recreational duties as described. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that the title of Title 19 be changed to read: PARKS AND RECREATION and further that the title of Chapter 19.05 be amended to read: PARKS AND RECREATION COMMISSION PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this llth day of October, 1989. JOHN J. WILLIAMS, MAYOR ATTEST: Janet Ruotsala, City Clerk First Reading: October 4, 1989 Second Reading: October 11, 1989 Effective Date: November 11, 1989 jal Return- the Mile and yellow copies of pages f and 2 1o: Games of Chance and Contests of Skill Alaska Department of Commerce and economic Development Division of Occupational licensing PERMIT APPLICATION ..► P.O. Box 0.1"' June -1 99811.080o Please read the instructions before completing this application. NAME OF ORGANIZATION S. ESTIMATED 1989 GROSS RECEIPTS K.FNAITZE IND BAN TRI BE , ,IRA 49000.00 Mailing Address . 6A. RENEWAL APPLICATION P.G. Box 988 Most Recent 87- S 3 2" Year Permit Number. Issued.. 1987 City, State, Zip Code Attach the following: KENAI , ALASKA 99611 ❑ Current Alaska membership list (must have at least 25 members) 2. TYPE OF ORGANIZATION. 3. TYPES OF GAMES. List by com- ❑ Copy of amendments to bylaws, if any Check one box. For definitions, mon name if other than those see AS 05.15.210 and 15 AAC listed. See AS.05.15.210 and 15 6B. NEW APPLICATION 105.010-.030. AAC 105.110•.160. Number of Years Organization ❑ a. Charitable T a. Bingo (NCFTE: Bingo games Has Been in Existence in Alaska: b, Civic or Service must not be held more than 9 occasions in a calendar Attach the following: ❑ c. Dog Mushers' Association month with no more than ❑ Current Alaska membership list (must have at least 25 members) ❑ d. Educational 35 games per session or series of games.) ❑ incorporation, or if not incor- Certified true copy of articles of porated, copy of bylaws and national and state charters�, ❑ aFishing Derby Association b. Raffles 8 Lotteries C i Copy of IRG certificate or lett, er of tat, excrnption issued to non- 0 f. Fraternal � c. Pull -tabs profit organizations, if applicable ❑ g. Labor ❑ d. Ice Classics ❑ Documentation showing organization has been in existence in ❑ h. Municipality ❑ e. Dog Mushers' Contests Alaska three years or more ❑ i. Non-profit Trade Association El f. Fish Derbies Name and Mailing Address of Natio pplicable): r ❑ g. Rain Classics, ❑ j. Outboard Motor Elh. Mercu ry Classic 1 '^ rr ' Association i. Goose C ❑ lassic '�' . 'a c �,, ❑ k. Police or Fire Department and Company ❑ j. Salmon Classic 00 x I. - Political ❑ k. Contests of Skill %' ❑ m. Religious ❑ 1. Marksmanship 7. FEE. Check the appropriate box and a .�� amount. If gross receipts from all Then the ❑ n. Veterans ❑ 2. Races 1988 gaming activities were: Permit Fee is: 4.ORGANIZED AS: ❑ 3.Other: (Specify) C.. _ . � $0-$19,999; or if you are a New Applicant .. $ 20.00 ❑ Corporation - — ---- _ --_ _ . . .. . . . . .. .. ❑ $20,000 - $99,999 ... .. ..... ... $ 50.00 2 Other IRA TRIBAL ❑ $100,000 or more ............................. $100.00 GOVERNMENT 8. LOCAL OFFICERS (must be current, bona fide members in good standing) NAME TITLE SOCIAL SECURITY NO. DAYTIME TELEPHONE NO. CLARE SWAN TRIBAL CHAIRPERSON 574-10-1138 907/283-3633 PAUL LORENZO TRIBAL VICE -CHAIRPERSON 574-30-1170 907/776-5397 ROBERT FULTON TRIBAL'TREASURER 532-20-1225 907/776-8250 RITA SMAGGE TRIBAL SECRETARY 574-16-0568 907/283-3633 FOR DEPARTMENT OF REVENUE USE ONLY Date of Receipt Stamp Permit Number. .oate of Issue: Financial Statement: ❑ Yes ❑ No ❑ New NOTICE: GAMING ACTIVITIES MAY NOT BE CONDUCTED UNTIL THE PERMIT IS ISSUED. Form 04-643 Page t (Rev. 9188) 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 specifiq rules on how proceeds can and cannot be spent.) In the space below, tell how your organization plans to use the net proceeds from the gaming activities. Be specific. Proceeds will be used for all programs undertaken by the Kenaitze Indian Tribe, IRA. These funds are supplemental to monies received from the Indian Health Service and Bureau of Indian Affairs and will enable the Tribe to contribute to the growth and independence of its Tribal community. 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 RITA SMAGGE Daytime Telephone No. 907/283-3633 Name ELSIE HENDRYX Daytime Telephone No. 907/283-3633 Mailing Address Social Security No. Mailing Address Social Security No. P.O..BOX 988 574-16-0568 P.O. BOX 988 543-56-0499 City, state, Zip Code City, State, Zip Code KENAI, ALASKA, 99611 KENAI, ALASKA 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 WILL NOTIFY WHEN LOCATION HAS BEEN ESTABLISHED IN KENAI AREA. 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: ❑ Is Attached ❑ Will be sent by certified mail no later than 15 days before the activities are conducted. 13. THESE QUESTIONS MUST BE ANSWERED. YES NO ❑ © A. Has any person listed in 10 or 12 above ever been convicted of, in prison for, or on parole for a felony within the preceding five years? ❑ ® B. Has any person listed in 10 or 12 above ever been convicted of a crime involving theft or dishonesty, or has ever been convicted of a violation of a municipal, state, or federal gambling law? ❑ C. Will any person listed in 10 or 12 above receive compensation of any kind from the receipts of the gaming activities? If yes, explain. 14. SIGNATURE. This application must be signed by the primary person in charge of games listed in 10A above. CAUTION: A photocopied signature will not be accepted. Make sure that the original signed application is filed with the Department of Revenue. I declare under penalty of unsworn falsification that I have examined this application, including any attachment, and that to the best of my knowledge and belief it is true and complete. I understand that any false statement made on this application is punishable by law. I further declare that two copies of this application either have been or will be delivered to the nearest city or borough office for review. Signature 1 1 Printed Name Date 15. CITY OR BIOROUGH RESPONSE TO APPLICATION. You must submit two copies of this application to the city or borough nearest to the loca- tion of the proposed gaming activities. To speed processing, please have the appropriate local government official indicate, by signature below, the community's approval of or objection to the permit. CAUTION: If this section is not completed, the permit will be delayed 15 days to allow the city or borough time to respond to this application. THIS APPLICATION HAS LOCAL GOVERNMENT APPROVAL: ❑ Yes ❑ No (Attach explanation of objection) Signature of Local Government Official Title Date Printed Name of Person Who Signed Telephone No. Form 04643Page 2(Rev.9188) NOTICE: ANY FALSE STATEMENT MADE ON THIS APPLICATION IS PUNISHABLE BY LAW. i-3 0% cc 0% N J Timothy J. Rogers City Attorney CITY OF KENAI 210 Fidalgo Kenai. Alaska 99611 283-3441 FAX 283-3014 IN THE SUPERIOR COURT FOR THE STATE OF ALASKA THIRD JUDICIAL DISTRICT FILED IN Alaska Trial Courts CITY OF KENAI , ) Third Jud!clsz District } i Appellant, ) SEP 2 8 1989 } V . ) C;ot; STATE �'i OF ALASKA, PUBLIC i ©EPU ry UTILITIES COMMISSION, } } ,�2� 29 30 �•� Appellee. 2 `J d I,g co Case No. 3KN-85-169 C.I. ORDER FOR AWARD OF ATTORNEY S FEES Li 9L IT IS HEREBY ORDERED, that the plaintiff, City of Kenai, is 00 hereby awarded the amount of Qd ' $ In attorney s fees pursuant to Appellate Rule 508(e). DATED: This 9--day of 4zs 1989, Roy j� Madsen Superior Court Judge q.,gg-gq I certify that or a cop ,. �_ . - : m..i�.t+0 of record: Deputy Clerk 1 - ORDER FOR AWARD OF ATTORNEY'S FEES Timothy J. Rogers City Attorney CITY OF KENAI 210 Fidalgo Kenai, Alaska 99611 283-3441 FAX 283-3014 IN THE SUPERIOR COURT FOR THE STATE OF ALASKA THIRD JUDICIAL DISTRICT FILED IN Alaska Trial Courts CITY OF KENAI , ) Third Judfdas Qictrict } i Appellant, ) SEP 2 81989 } V . ) Ciou %,"113 STATE OF ALASKA, PUBLIC UTILITIES COMMISSION DEPIj Appellee. } FO `� -" �' Case No. 3KN-85-169 CI.Q0 ,41 ORDER FOR AWARD OF ATTORNEY' S FEES gE119t IT IS HEREBY ORDERED, that the plaintiff, City of Kenai, is BO hereby awarded the amount of $ Qd in ' attorney s fees, pursuant to Appellate Rule 548(e), DATED: This day of 19890 Roy A Madsen Superior Court Judge I certify that or _+0 q.";?5-9q a Co P v 01 t.1, Mafle address-;z - each f of record: Deputy Clerk 1 - ORDER FOR AWARD OF ATTORNEY'S FEES 1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 18 Q 19 ac iG 3W caa20 LI.W W<Z :) x }. Cr.m W Q N ow 21 w�z�Qa�• <Q=wCc � =i Cr <W cc z Q`Lzoii 22 WW43z°' o � 23 oc 0 52 0 24 2s 26 IN THE SUPERIOR COURT FOR THE STATE OF ALASKA THIRD JUDICIAL DISTRICT AT KENAI Zg30 �1.1c' CITY OF KENAI , Appellant, ) c fi �� m igo VS. STATE OF ALASKA , PUBLIC UTILITIES -COMMISSION, ) g11L9�► Appellee. ) No. 3KN-85-169 Civil, MOTION FOR CLARIFICATION OF AWARD OF ATTORNEY'S FEES On September 28, 1989, the Superior Court in the above referenced case awarded the City of Kenai the amount of $8,500 6 in attorney's fees pursuant -to Appellate Rule 508 (e). The court did not designate how the amount was to be apportioned among the Appellee, State of Alaska, Public Utilities Commis- sion, and the two intervenors Horner Electric Association, Inc.. and Matanuska Telephone Association, Inc, The State of Alaska, Public Utilities Commission re- spectfully requests this court to clarify its prior order and designate how the award of attorney' s fees is to be apportioned among all parties to this action. DATED this 2nd day of October, 1989, at Anchorage, Alaska. • I (•J .t� 1 III �1./ •�/:,• ` t �'�� � .= f �� y S}gnaturo Date EJHS 1 Page 1 DOUGLAS B. BAILY ATTORNEY GENERAL Y Eli&1b et J. ickerson Assistant Attorney General Z —V 1.90-1.90.030 Chapter 1.90 STANDARD PROCEDURES FOR BOARDS COMMISSIONS AND COMMITTEES Sections: 1090,010 Creation 1.90.020 Duties 1.90.030 Qualifications 1.90.040 Terms 1.90.050 Proceedings 1.90,060 Specific Requirements of Boards, Commissions and Committees 1.90.010 Creation: All boards ;sions and committees cr#Mumma= -eated the Council o _ shy thp.all consist o seven ers w o shal May d con armed b the City Council from a lications submitted to the CityWWWON Zlek k. A chairman and vice-chairman shall be selected annually and shall be elected from and by the appointed members. The Mayor and one Councilmember elected by the Council as ex- officio members and as consultants of any board, commission or committee, may attend all meetings, but shall have no voting power on the board, commission or committee. A member of Council or City administrative staff shall attend all meetings of boa rds, arils, commissions and committees and supply staff support. 1.90.020 Duties: (a) Members of boards, commissions and committees shall be required to establish policies relating their respective organization. to g They shall act in an advisory capacity to department heads within the City Administration if there are such departments in the City organization that dir ectly tly relate to the board, commission or committee. (b) If the board, commission or committee has income st ated within the City of Kenai annual budget, said board commission mission or committee shall work with the City Manager to establish expenses projected for the . year for approval by the City Council. 1. 90 , 030 Qualifications: A member • •f a beard, commission ommitt or cee must be a resident of the City of Y Kenai, unless the ,j•.... board, commission or committee is specifically exempted p by Council from this requirement. The member r cannot be an officer }' or employee of the City of Kenai. If an member Y should move his residence from the corporate limits of the City of Kenai i .,�applicable), is an officer or employee of th • e City of Kenai, or shall be elected or appointed as an officer or employee of the City of Kenai, the service of such member shall terminate immediately. He should be aware that he will serve without salary, but will be reimbursed for all reasonable expenses incurred in connection with this service, only after approval by Council. (City of Kenai 1-30 Supp. ##47 - 2/10/88 ) C c 1.90.040-1.90.060 1.90.040 Terms: (a) A member of a board, commission or commit ee all serve for a term of t rs unless the board, commission or committee is sWWWW-aft�pecif icall exempted by Council from this re uirement. At renewal date, the Mayor, with -��- consent of the Council, can reappoint the member or recommend a replacement. (b) The terms of the initial board, commission or committee member shall be staggered so that three (3) members will be appointed for one year; two members will be appointed for two years; and two members will be appointed for three years. Terms .shall commence on January 1 of each year. 1.90.050 Proceedings: (a) All boards, commissions and committees will have regularly scheduled meetings which shall be open to the public. Exceptions to the meeting requirements shall be established by Council. Permanent records or minutes shall be kept of all proceedings and such minutes shall record the vote of each member upon every question. Every decision or finding shall immediately be filed in the office of the City Clerk and shall be a public record open to inspection by.any person. All acts of boards, commissions and committees are subject to the paramount authority of the City Council. (b) If any member should have three 3 consecutive, unexcused absences r meetin s of the board commission or committee, it shall be reason for removal from that board commission or committee,."roe (c) In all matters of parliamentary procedure, Roberts Rules of Order as revised shall be applicable and govern all meetings, unless as specified in KMC 1.15.060 motions; KMC 1.15.100, speaking; and KMC 1,15,110, voting. (d) The responsibility of insuring that all members of • boards, commissions and committees receives a copy of the Standard Procedures of Boards, Commissions and Committees lies with the City Clerk. 1.90.060 Specific Requirements of Boards Commissions Committees: - _ and . Requirements of boards, commissions and committees 'f �as set forth in KMC 1.90 are general requirements ter t. g q and shall be they followed to the extent that thdo not conflict with specific � requirements found in code sections s ecif ica ' -.. p lly pertaining to individual boards, commissions and commi tt=ees . (Ord. 1 ( 223, 1239) 1-31 (City of Kenai Supp. #47 - 2/10/88) 1791-1991 '"a 17 qW 41 CITY OF KEE'UNOW Cap 4ia444� 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283-7535 FAX 907-283-3014 NOTICE OF MEETING The Kenai City Council Will be holding their second regular meeting for the month of October on Wednesday October 11, 1989 at 7:00 PM in the Council chambers. alou /dc4-- Janet Ruotsala, CMC City Clerk DATED: September 29, 1989 PAY ESTIMATE CITY OF KENAI Kenai Municipal Airport - 1989 Improvements - Phase II Project Runway & Tax iway C Overlay ' Contractor _Quality Asphalt Paving 0 0 0 Address 4025 Rasberry _Anchorage, AK 99502 2ni�o—t Project No .A• I*P. 3-02-0142-06 Phone 243-2212 Period From 9/9/8-9 Ito 9/23/89 ANALYSIS OF ADJUSTED CONTRACT AMOUNT TO DATE Original contract amount 986 642; 80 Net change by change orders -0- Adjusted contract amount to date .ANALYSIS OF WORK COMPLETED 4 Original contract work completed 5 Additions from change orders completed $ 9861642*80 Z-l00 70 • Materials stored at close of period 2�?._...._____�. _ 7 Total earned o + S .+ 6 - dS 8 Less retainage of 10 percent - U.33s 9 Total earned less retainage 7 - g = - 3 '7 (�22�..2•3 10 LOSS �tmoLint of previous payments 403709010 ✓ 11 Balance due this � payment 3Lt313�13 • Attomer Jt9Ac71D11&lfr Wnrke.... 0--rl Citf Clete 1 nat r;ww_Submitted By - Owa& •K "N• QYN WINCE-CORTHELL-BRYS0N ` BOX 1041 ' KENA%, ALASKA 99611 T1Vr,00w0 ' - ' `~~ _ Seotember 261 1989 Job No. 89-43 Attention: Keith Kornelis ` Subject: Billing for Inspection Services for: City of Kenai 1988 Street Improvements VIP Subdivision f .21-- y��.�� � ^~ ��a�a \ ' - r7e� � / Please consider this invoice in the amount of $11,364.42 for services rendered through September 23, 1989 for the subject p-roject Following is a breakdown of those costs: Engineer VI 400.0 hrs. @ $65.004./ Engineer V 50.5 hrs. @ $50.00~/ . Engineer Tech. 18.0 hrs. @ $35.00�- ) Supplies & Film 19.93 x 1.10 Total To Date Less Previous Payments Total Amount Due No Tax Gov't Job $26,000.00 2,525.00~' 630.00 21^92 __________ �r $29,1�6.92 ' 17,812.50 �O" __________ �~ Thank you, WINCE-CORTHELL-BRYSON {- Casey E. madden, P.E. Accounts not paid within 30 days of date of invoicre will be suOJect to charges of 1 1/2% per month from date of invoice. Attachment Time Sheets. 1 y INVOICE � NrO -3 McLANE & ASSOCIATES, INC. PROFESSIONAL ENGINEERS, SURVEYORS & PLANNERS Post Office Box 468 Soldotna, Alaska 99669 `Kra .v r i' ..:-m W„ ` t .� �. ♦ �__+, ... September 22, 1989 (907) 283-4218 262 • City o� Kenai 210 Fidalgo Kenai, Alaska JOB NO 89-5017 --'".i �`'{%•t�•. r'-�i.ivc:.•..4 d''F �rt�%,,'`x: .. rat; .., BILLING PERIOD: Through 9/2/89 PLEASE PAY FROM INVOICE Note: Any amount unpaid after 10 days will be subject to an interest charge of 1.5% per month. Description of Work: Laboratory Services Rendered, VIP Street Improvements : K 17 r � %, r-$ (? .i�woo 7) up 99611 � r � �l ZC Lt�Dti c� r Fee $ 1,595.00 Tax( K) Government Monthly 9 Billin X Total $ 1 595.00 Final Billing Retainer ( ) Billing History: McLane & Associates. Inc. bills monthly Date Invoice Billing Period Amount Date Paid Balance P0 3Y 3 og- on rI (_2 2;23( 30 2 � Y .Z Al Ga — y CITY 01 • 210 FIDALGO KENAI, ALASKA 99811 TELEPHONE 283 - 7535 • CITY OF KENAI BACKGROUND AND PERSONAL DATA - CANDIDATES FOR APPOINTMENT TO •COMMITTEES AND COMMISSIONS " NAME, Resident of City of Kenai? jHow 1 �� ._ y ■, N .• long? r. f _ Mailing Address Tel. Bus. Address Pe. el. qI Presentlyemployed .Y Job Title Name of Spouse Current membership in' organizations s A--I� hoc, •' Past organizational membership: .�.. ram• �04• • / ,I Committees interested in: 10001, i• �, �,Signature • o ro • �• rn 4p ti 00 !cU WILLIAM E. ALTLAND 610 Set Net Dr. Kenai, Alaska 99611 (907) 283-7466 TEACHING EXPERIENCE: Teacher - Cook Inlet Academy, Soldotna, Alaska, (7th & 8th grades) Science and Physical Education, (9th - 12th grades) Biology, General Science, Chemistry, History and Civics (9/88-6/89). Teacher/Administrator - Palmer Community Christian School, Palmer, Alaska. Taught multilevel (grades 5 - 12) all subjects. As Administrator super- vised facul i ty and staff, wrote grant proposals, close contact with school board.(6/87-6/88). Teacher - Kenai Peninsula Borough School District, Soldotna, Alaska, Substitute teacher - elementary through high school (12/86-6/87). Teacher - Biology Department Head, Lavengamalie Christian Academy, Nuku Al ofa, Tonga, South Pacific, (9th - 12th ) Biology, Chemistry and Physics. Designed and implemented a '_Field Study of a Terri stri al Community." ( 8/85-5/86) . Teacher - Christian Heritage College, E1 Cajon, California, junior and senior level course in physiology (1/85-6/85). Teacher - Wilson High School, Long Beach, California, Vocational Education, designed and implemented classroom instructions covering water chemistry, structure and maintenance of swimming pools (9/73-5/74). PROFESSIONAL EXPERIENCE: Coach - Pal mer Commun-i ty Chri sti an School , (5th - 12th ) Soccer, basketbal 1 volleyball, track (6/87-6/88). Family Teacher/Counsel or - Kenai Community Care Center, Kenai, Alaska (8/86- 12/86) . Coach - AYSO Soccer, 1979 District Championship, Palm Spri nas, Cal- i forni a baseball 15 years experience, swimming and basketball. Foster Parents,- State of Alaska, Division of Corrections. Limnolo ist/Lab Manager - Alaska Department of Fish and Game, Soldotna, Alaska, 6/79-8/83 . Research Assistant - University of Idaho, Dept. of Plant and Soil Sciences, Moscow, Idaho. President/Manager - Desert Sun Pools, Inc., Palm Desert, Calif. Owner/ operator of lake and swimming pool construction company . r William E. Altland Pace Tw o PROFESSIONAL EXPERIENCE (cont.) i Computers - Knowledge of Basic and Fortran languages, word and data processing using IBM P.C., Apple IIe, Osborn I and Macintosh. Certified First Aid/CPR COMMUNITY ACTIVITIES/INTEREST: Executive Officer, A Company, 2nd Battalion, Emergency Medical Force Alaska State Guard. ' Fishing, photography, tennis, golf, gardening, racketbal 1 weight training. n 9 g. MILITARY: Crew Chief on fixed -wing, rotor -wing aircraft, Viet Nam.with 173rd Airborne Brig. ( 6/65-6/68) . CnI1polTT11i,1 _ Master of Science, Biology (Candidate), Institute for Creation Research Bachelor of Science, Zoology, Cal i forn.i a State University, g / Lon Beach 6 74 Type A Alaska Credential - Secondary in Biology, Chemistry, Ph si cs Mathematics 6 84 y ' nccrnr► t%f- - _ Mr. Bud Crawford, Teacher/Counselor Soldotna Junior High School Soldotna, Alaska (907) 262-4344 Mr. Richard Hai 1 matk , Teacher Kenai High School Kenai, Alaska (907) 283-7524 Mr. Chuck Crapuchettes, Principal Cook Inlet Academy Soldotna, Alaska (907) 262-5101 Mr. Rick Boudreau, Principal Kenai Elementary School Kenai, Alaska (907) 283-7533 Mr. Vic VanRavenswaay, PCCS School Board Director P.O. Box 2847 Palmer, Alaska 99645 (907) 745-2607 3::jVF0 � r TO DO LIST SEPTEMBER 20, 1989 KENAI CITY COUNCIL 1. B. Brighton - Schedule meeting after election with Borough representatives, Council and Administration regarding land fill. 2. B. Brighton - Resolution for 10-4 meeting re/airport bar & restaurant - Lou Schilling. 3. J. Ruotsala - Notify Ed Garnett of Airport Comm. appointment. 4. J. Ruotsala - KMC section on Comm/Comma appointments nts f or 10-4 meeting. 5. C. Brown - Get correct amount of RDC dues, then pay a for current year. 6. J. Ruotsala - Contact Bob Williams, Bicentennial Bureau, to speak at 10-4 meeting re/Arctic Winter Games. • 7. C. Monfor - Contact Sue Carter, Bicentennial Bureau re/intentions and additional number of employees involved in Mr. D's expansion. 8. B. Brighton - Have letter prepared to Wagoner/Worsle Y saying we accept offer subject to payment of taxes. i 9. K. Kornelis - Prepare grant applications to DEC for Thompson Pk. water & sewer and sewer treatment plant. 10. B. Brighton - Prepare material (maps, correspondence minutes, etc.) re/proposed boat facility, for 10-4 meeting. K. Kornelis - Set up on -site meeting with Council, Fish & Game, Corps. of Engineers, Administration. 11. K. Kornelis - Check on Float Plane Basin Rd. near cemetery for cracks in road. 12. C. Brown - Contact Atty. Ha art Inlet Woods. gg re/ Schedule meeting with Council. 7r y � 1 2122 Cv 1 DATE: S1 . 26, 1989t� 'ISO: CITY OF � °Lp ° ATTN: JANET RUOTSALAON 9C FILM: ALASM JAYCEE' S RE: PULL -TAB LOCATIONS NOTIFICATION Please note the high lighted locations an our list as they may fall within your jurisdiction. There may have been addition and/or deletions since our last notification mail out. This is our continuing effort to keep informed of our fund raising effortsy'� iss.ng in your local. It is our intent to Work With you. As any other changes occur, we vrili give notification. PERMITTED PULL -TAB LOCATIONS DIVISION OF OCCUPATIONAL LICENSING GAMING SECTION ALASKA JAYCEE ' S N,jme of Business/Facility Physical Address Phone No. Coll tac, t BISHOP BAR MILE 35 NORTH lq2�AI ROAD _ .776-8216 LINDA ' M�AI , ALASKA 99611 LAU ITIRIDGE CLAM SHELL LODGE MILT; 118.3 STERLING 1- Y. 262-4211 ROSE CLAM GULCH AKA 99568 MOOR - I. II -D 3"0 DECArJ'I'ER INN MILE 107 STERLING WY., 262-5917 TERRY SOLDOTNA ALASKA 99669 `WTALL .. D. J' S 1,kffi=0USE 215 FOURTH AVENUE 224-5536 DORIS BARD ALASKA 99664 CORCORAN Sew. DRFMff.-AND BOWL 202 FIFTH AVENUE. 2 24-3 5 44 KIM SWARD ALASKA 99664 KCAVIILSKI EADIES 3.5 SPUR B4Y. 283-3089 �. ETHEL KENAT ALASKA 99611 HTMERS014 !? FO S BAR MILE 20 K12MI SPUR FAW 776-9907 RON KASILOFF, ALASKA 99610 KIEL , .. INLEr VIEW MILE 135 STERLING WY. 567-3330 JERKY NINILCHIK, ALASKA 99639 - MADDOX I.,AURA'S LIQUOR SHOPPE 608 MAIN STREET 424-3144 LAURA CORDOVA ALASKA 99574 BRCyVJN MAVERICK CLUB 44698 STERLING HWY. 262-79 79 0 • JANET SOLDOTNA ALASKA 99669 IL MOOSE PASS INN MILE 30 SLWARD F-rvgY. 288-3110 .LINT )A MOOSE PASS, ALASKA 99631 SI-IERRILL) MILLIE' S MOOSE RIVER INN MILE 82.5 STERLING B4Y. 262-9917 MTLS_,IE STERLING ALASKA 99672 HIR7'� i PLEASE RETURN TO: Division of Occupational Licensin • 9 . Gains ng Section P. 0. Box D-LIC Juneau, AK 99811-0800 Attention: Kelcy Parsons, Licensing Examiner TNQNV Ynin 1_ M] 3"b PERMITTED PULL -TAU LOCATIONS DIVISION OF OCCUPATIONAL LICENSING GAMING SECTION ALASKA JAYCEE'S N,jine of Bus'i ness/Fact l 1 ty Phys i Ca 1 Address Phone No. Con tC)C t ESKA TRADING POST MILE 1313.3 ALASKA HWY. .883-5343 REX TOK, ALASKA 99 780 JARRETI' R. J'S LOUNGE 412 THIRD AVENUE 452-8806 PAULA FAIRBANKS , ALASKA 99701 BLJ'INER LONELY LADY 528 5TH AVENUE, SUITE 218 479-4162 CECILIA FAIRBAN]KS, ALASKA 99701 ARCTIC BAR 623 OLD STEE'SE C/O CIRCLE M VERN FAIRBANKSt ALASKA 99707 488-9956 JOHNSON CIRCLE M BAR 907 OLD RICHARDSON HWY. 488-9956 VERN FAIRBANKSj, ALASKA 99707 JOHNSON MICHAEL SOLDOTNA INN 35041 SPUR WY. 262-9169 ____S0LDOTNAr ALASKA 99669 SIPES BIG AL' S MILE 111 STERLING MiY. 262-4216 ALTON KASILOFFr ALASKA 99610 PRIEST HAPPY VALLEY MILE 145 STERLING I -WY. 567-3357 RON & FRAN ANCHOR POINT, ALASKA 99556 RECORD PIZZA NICK'S 565 E. PIONEER 235-6921 NICK HOMER ALASKA 99603 BAIRAMIS . ALASKA GOLD & JEir=Y 360 K STREL-'T 258-0203 POUG ANCHORAGE, ALASKA 99501 WILLIAMS FIVE-STAR GROCERY 2906 ARCTIC BLVD. 561-5518 SONNY ANCHORAGE, ALASKA 99503 WON BALD EAGLE MILT; 82 STERLING HWY. 262-9908 DON STERLING, ALASKA 99672 PLL)CX C-# R PLEASE RETURN TO: Division of Occupational Licensin • 9 Gaining Section P. 0. Box D-LIC Juneau. AK 99811-0800 Attention: Kelcy Parsons, Licensing Examiner UANV. Y0111 IL 1� PERMITTED PULL -TAB LOCATIONS DIVISION OF OCCUPATIONAL LICENSING GAMING SECTION ALASKA JAYCEE'S ENdi»e of Business/Facility Physical Address Phone No. Contact OLD ANCHORAGE SA -14W BAKE 251 K STREET . 2 79-8790 MIKE ANCHORAGEL. ALASKA 92501 BUS STOP 700 WEST SIXTH -AVENUE 2 7 7-42 5 2 ED LUMQMM. ALASKA 1 531 EAST FIFTH AVENUE BROOKS BUSH COMPANY I 2 7 6-5 504 MOODY ANCHORAGE ALASKA 99501 PRIDE BUSH COMPANY II 631 E. INTERNATIONAL AIRPORT 561-2609 BILL RD,_L=RAGEp ALASKA 99518 243-2163 COX BOB & DORIS HIDEAWAY CLUB 2828 WEST DIMOND BLVD . ANCHORAGE, ALASKA 99 515 ANDRl1,1S PINZON LIQUOR 129 TATILEK AVENUE 835-4437 RICHARD VALDEZ ALASKA 99686 HORTON VIDEO NORTH MILE 101 RICH HUJY. 822-5556 PAUL GIaTNAT ,T ,EALASKA 99588 WHITE GERALD &PHIS ACRES BAR INTERSECTION OF RI ON B"I'll 835-2269 & AIRPORT RD. VALDEZ,AK.99686 JOHNSON MIKE IDTEM INN 100 TOTEM DRIVE 835-4443 VATDEZ-x ALASKA 99686 456=6441 WILLIAMS TERRY . POLARIS LOUNGE 416 SECOND AVENUE KA 99 701 FRANKLIN 49ER CLUB MILE 6 OLD RICHARDSON MJY. 488-0626 NONI NORTH POLEr ALASKA 99705 O� dEII�1 NOF TI%IARD LOUNGE 455 THIRD AVENUE 456-613 3 FAI pBANKS , ALASKA 99701 BURNETT PLEASE RETURN TO: Division of Occupational Licensing Gaming Section P. 0. Box D-LIC Juneau, AK 99811-0800 Attention: Kelcy Parsons, licensing Examiner THANK YOU! J: .1. a lop low% is PERMITTED PULL -TAB LOCATIONS DIVISION OF OCCUPATIONAL LICENSING GAMING SECTION ALASKA JAYCEE'S Name of Business/Facility Physical Address Phone. No. CO.ntdC t SUGARLOAF SALOON MEATS AVE & RICHARDSON RN 835-4445 MARILAN VALDEZ ALASKA 99686 TALMIDTE TOLSONA LAKE RESORT MILE 170 GLU N HWY. 822-3433 JULIE GT ,FNNAT ,T ,F' r ALASKA 99588 WILSON TONS INA LODGE MILE 79 RICHARDSON HWY. 822-3246 ROBERT COPPER CENTER, ALASKA 99573 HAM I LTON BUSH BOTTLE BIN MILE 116.5 RICHARDSON HWY. 822_-3968 GERALDINE GLENNAT ,T ,EN, ALASKA 99588 PALUC{ RANCH HOUSE LODGE MILE 173 GLENN Hiy. 822-3882 BURT GT ENNAT ,T ,EN, ALASKA 99588 WARD LLOYD COPPER CENTER BAR MILE 101 RICHARDSON HWY. 822-9991 COPPER CENTER, ALASKA 99573 BUTTGEREIT EVERGREEN LODGE MILE 17 LAKE LOUISE ROAD 822-3250 JACK & JAN GI ENNAT ,T ,EN, ALASKA 99588 HANSON . LONGME.ERE LIQUOR MILE 88.5 STERLING HWY. 262-1068 JOHN SOLDOTNA, ALASKA 99669 CHO RED' S 101 MEALS AVENUE 835-3674 RED VALDEZ, ALASKA 99686 CLUB 96 MILE 100 OLD RICHARDSON HWY, 822-3243 LONA VALDEZ, ALASKA 99686 WARD PIPELINE CLUB 136 EGAN DRIVE 835-4332 BILL VALDEZ, ALASKA 99686 ROADS END 42 CHINIAK EWY. 486-2938 ERNEST KODIAK, ALASKA 99615 HOPPER PLEASE RETURN TO: Division of Occupational Licensing • Gaming Section P. 0. Box D-LIC Juneau, AK 99811-0800 Attention: Kelcy Parsons, Licensing Examiner T►1 n &t v vni i i / PERMITTED PULL -TAU LOCATIONS DIVISION OF OCCUPATIONAL LICENSING GAMING SECTION l� ALASKA JAY( ' S Name of Bus i ness/Fac111 ty Physical Address Phone No. . 452-29�1Q1 Coil tdC t BECI�Y POLARIS GIFI' SHOP 427 FIRST AVENUE FAI ALASKA 99701 GOLD RUSH 3399 PEGER ROAD FAIRBANKS, ALASKA - 99 7a1 456-6410 . LuLki CHATANIKA LODGE 28.5 STEE,SE MJY, FAIRBANKS,, ALASKA 99701 C/O POLARIS BAR 45 - RANDY CENTRAL MOTOR INN MILE 125 STEF,SE HWY. CENTRAL, ALASKA 99730 - 52�1 5228 ROBERT E. LPEME TIP ' S BAR 12349 OLD GLENv HylY. EAGLE RIVER, ALASKA 99577 694 2372 NOS PLEASE RETURN TO: Division of Occupational Licensing • Gaining Section P. 0. Box D-L I C Juneau, AK 99811-0800 Attention: Kelcy Parsons, Licensing Examiner T . 0 . . . . . .. / .ZNFov"% DATE: SEPTEMBER 26, 1989 2' TO: CITY OF ICI tJ� ATTN: JANET RUOTSALA v •� ,O ;J FROM: PEOPLE COUNT • PLE RE: PULE, -TAB LOCATIONS NOTIFICATION •,� ��" $19 � Please note the high lighted locatiais cn our list as they may fall within your jurisdiction. Where may have been addition and/or deletions since our last notification mail out. This is our continuing effort to keep you informed of our fund raising efforts in your local. It is our intent to work with you. As any other changes occur, we will give notification. PERMITTED PULL -TAB LOCATIONS DIVISION OF OCCUPATIONAL LICENSING GAMING SECTION PEOPLE COUNT Ndme of Bus iness/Facility Physical Address P hone No. Contact THE PLACE MOTEL AND. BAR WIN MILE 18, NORTH ROAD 283-9915 JOHN • ALASKA 99611 YOUNG ROBINSON'S MINI MALL 50535 KALFONSKI BEACH ROAD 283-9384 GEORGE ALASKA 99669 KAIMA►I HOTEL 10800 KENAI' SPUR HWY. 283-6101 JIM KENAI ALASKA 99611 SINGREE to TAI JOE' S 801 COOK 283-5637 DALE ALASKA 99611 . w' s CLUB 12656 SPUR HWY• 283-9935 DAVE NIKISKI, ALASKA 99635 CASINO BAR 511 MAIN STREET 283-9992 RID KENAI ALASKA 99611 MCKENZIE BLUE GROUSE MILE 17.5 NORM ROAD --283-4281 RICHARD KENAI, ALASKA 99611 COOPER DEEP CREEK RESORT MILE 136.3 STERLING HWY. 56773396 i GEM NINILCHIK, ALASKA 99639 DOBBE KING OSCARS 10352 SPUR HWY. 283-6060 GL NN KENAI ALASKA 99669 . . OLD TIME GROCERY #4 NORTH ROAD SPUR HWY. 283-4269 JACKIE KENAI, ALASKA 99611 � R NA='S 35230 SPUR HWY. 262-9287 KATHY SOLDOTNA, ALASKA 99669 JOHNSON VAUGANS MINI MALL •I MILT; 18.5 KALIFONSKY BEACH SOLDOTNA, ALASKA 99669 262-4252 - VAUGHAN DABLEMONT PLEASE RETURN TO: e. Division of Occupational Licensin • 9 Gaining Section P. 0. Box D-LIC • Juneau, AK 99811-0800 Attention: Kelcy Parsons $ -Licensing Examiner 1,414611v %0^111 PERMITTED PULL -TAB LOCATIONS DIVISION OF OCCUPATIONAL LICENSING GAMING SECTION PEOPLE COUNT e of Bus iness/Facility Physical Address Phone No. Coll tci D.J' S NEW & USED NG 100 SING BAY: SUITE 1� i.. 283-5161 DEBBIE KENAI ALASKA 99611 TAET GREAT NORTHERN VIDEO NIKISKI MALL 776-8823 NIK:I SKI ALASKA 99635 HAMPSON SPEEDY MART MILE 26 1/2 SPUR HWY. 776-8283 MYRON NIKISKI ALASKA 99635 CHRISTIANSON V—TV 1116 KENAI SPUR Hwy. 283-5446 MIKE ...,-KENAI, ALASKA 99 611 MEDCAFF LITTLE SKI—MQ' S SPUR HWY. 283-4463 RON KENAI , ALASKA 99611 YAMAM D .& D TACOS 35278 KMI SPUR HWY. 262-1717 SOLDOTNA: ALASKA 99669 ......... ._..� I ' ct u_ O'IL'7 MI'I�CH . DOBRIZ'CH PLEASE RETURN TO: . 9 j Division of Occupational Licensin • Gaming Section P. 0. Box D-L I C ` Juneau, AK 99811-0800 Attention: Kelcy Parsons s Licensing EExaminer --"'-"'- maw tf h�i � �� �r! I • , i t d • f 1 •i - M A N 0 CITY --1 OF KENAI ��• • � ... <•�. ....wfpA4:s��re+,: Wit_ ,�..''lP�ri;� •�,r�•ts�+.-�••. � P ro j e c t VIP Subdivision Street Improvements Contractor Harle 's Trucking_ Address Pn Rn-v r71 0 0 0 Soldotna, AK 99669 Phone X PLO, Project No. • Period From 4`E(:�,, to �---�3 ANALYSIS OF ADJUSTED CONTRACT AMOUNT TO DATE Original contract amount Net change by change orders Adjusted contract amount to date 497490.25 ANALYSIS OF WORK COMPLETED �n T Original contract work completed Additions from change orders completed Materials- stored at close of period Total earned G + S + 0= Less retainage of percent Total earned less retainagc 7 - s = Less amoLint of previous payments Balance clue this payment IN lIililill Awl /003/ a4'7 ik7_ ✓ .i 0�<e eci�j Kenai Chamber of Commerce Box 497 Kenai, Alaska 99611 ktt (907) 283-798.9 September 26, 1989 TO ALL CHAMBER OF COMMERCE MEMBERS PLEASE BE ADVISED THAT NOMINATIONS ARE NOW OPEN FOR SEATS ON THE BOARD OF DIRECTORS FOR THE KENAI CHAMBER OF CO�ILTERCE . w THERE WILL BE EIGHT (9) POSITIONS OPEN FOR VOTE: UP FOR RELECTION ARE: LAURA MEASLES DOUG JUNG BOB WILLIAMS JOHN MONFOR LEROY HEINRICH WILLA KONTE * RON MALSTON * -GLEN JACKSON THE BOARD MEMBERS WITH ASTERIKS (*) MAY NOT BE ELIGIBLE TO RUN DUE TO BY-LAW TERM RESTRICTIONS, IF YOU ARE INTERESTED IN SERVING ON THE BOARD, WHICH REQUIRES WEEKLY ATTENDANCE AT THE FRIDAY LUNCHEON BOARD MEETINGS AND OTHER DUTIES AS ASSIGNED, PLEASE SUBMIT YOUR NAME TO ONE OF THE NOMINATING CO�24ITTEE: • RON 14ALSTON 283-4966 JL•1 CARTER 28.3-3335 FRET) BFAUN 283-4648 BOB WILL LtiMS 776-8161 RESUME' S AND INTENT TO RUN INLAY ALSO BE SUBMITTED TO THE CHAMBER OFFICE. Dutch! xT ION HL 4-H •EEK r � OcLober 1989 a � -s T �r tl }ndaq Tue�d { 4�� e �{d-aE TI-�+1r'���-��� • J r 1 OR A TEST iINu xLL I Hr=ICE fwE PREVENT ION EEK WEEK MEET ING King Oscar. 1 1:30 B IC I r--lTG ,. 11 :30 B IC I MTO KING 00C ARB I HALLOWEEN Friday jturdaij A.P.I. Oar-B-Que. 1 � .-0 t CHAMBER: 12 :00 KCC Erd Armory. Tri Chamber r-1ti t_ ovenor Luncheon. Central Pen. Niki= ki High Drama Sports Center. dUf_ ati on Llp Oq nt • and OocIf. Endowment _ Hop. �:nd9,[,F J4 1 MIJAI I s r r CO'L! i U 23- D ;� 10 1 2 :00 CHAMBER: 12 :00 KCC Brd Mier Loc- k-��s� ► od . f1 fg =tr-ategic Lonq f .-a tie Flan- for Pet' . H'r;Pital. is a 1: fa jrAL hSK A DAY International 12 :00 CHAMBER: Tourism Seminar 12 :00 KCC Erd To be Announced. Borough Assembly Mtg Chambers. 9 :OOa .m . to ► 3 :00P .m . T • •a END OF FIRST QUARTER SCHOOL 1 � :00 CHAMBER: 12 :00 KCC Brd Lisa Parker. Mtg COI' INCO. Update Films. iNE TASTING andAUCTIO H 7 :330P . Sly T 6A. Created with CalendarMakerw4 by CE are, 515-2214-1995 v 96 r2 E8 HAPPY HALLOWEEN I k, 10- W I NE EXPER I ENCE Winc-Ta/ zt* nil Auction Fund Rai-Jerwi I I be. h;-,Id FRI DAI y . I - J ... 144 - -i r-1 K -_j ate at 1F 1 f C; 13K P rciceeiJ3 f ro rn t he Vil rye Tas-ti ng .3 re uedi c. -d T h r'-:.-t rnas_- Crj meo tci Kernel" for the c hi I d re n cif ci u r C.0 rn rn 1i ni t 11. T h I w3 ala u a e I I cant e e n t. Tickets available at the Chamber Mice IJ Z2 t Dicin't thi- f u, n se ni ng r r'e. r I J Li E ti RL "I" BINGO li`p-•nai Bice rite. rinla I 1:_:1 tc-ir and Convent I cin Bureau h a .3 6, i nilci ever ij Fri d. i 0 p rn EI 1 n q o p rn. 11 F1 F-ii 1 c, in Hal 1. CJ - - r- - p M TOURISM H-',.n I rite. it- nat c., nal Tourl's-m Semi nar be held Octobe r- 1 19th. --"am to I u Charnbe. r-3-. For f urthe r- i ntorniation contact the I r; t h e Bo r- c, u fj h M [I U:171FICIFfliC 171prne-rit Di-:,trict SEMI NA A n I rite r nati o nil T rade 'fie mi ria r wi 11 be he] d Nove m be r `,th at the Kenai CAtu , Co u nci I C ha m be r� frij- rn 9 a m to 3 p rn - F u rt he r I nfo r n-,a+ i o n contact C. the Ec.cincirnic- prfle-nt Di:�.trlct at _L.=; THANK YOU h P, I 1 3- t P.- r ri E P B.P. E x p I o r a t i o h ( A I a -__-1 k .3 1 ri c - ,-or- iA ci u r ii e n e- r co u dc-i nati o ri1:-1 i . -121-a rd p u rc ha-:-e. of the BEAR. tc WELCOME TO NEW MEMBERS -- I e Bo r b a ra a n d a h 1 43 -3- cl c i a t e F 'i''ifci rf h ma r! HZO.-Wi ate ;o b CHANGE OF PHONE h I - ,--1 Fix A -17 5 4 4'__ nt i i rpc- h 444 6 1 - 8 A 0 - 3' 3_ o u tz-�, i de a I a - ka P e n n tj 'cs, T t - a�, -7- e. 1 4 4 t) OCTOBER SCHEDULE Wednesda Lunch at Mr-Dus T 0 c.- t ri be r- 41 IL lHfiber Goi-e-ericir Luncheon. Central Pen. Sport-3, Center. u: 1:- 1 ci n al E n d ci rn e n -t F u n d L k c. -ateg'c. Lorin Ra nil r- Plano for Pen'noul. Ho -pi+;31 t ate r- 1 --, 11 Ll I cl be n n ci u n c: e pdate Fil Fri. CO r.-I I NCU, I_t Lip L 1 �-.a p .3,- k BEAR DONATIONS CAN BE MADE OAT-rO: Eti -1 M E RC E - B Efit, R t`i21__-CT r.i,, i I`H A t-1 e, E R 0 F C 0 t a a i� a n u n t a p p rpr: b_- F ro r - %S -ed ci n Base. Plaq tie. side Cabi n. i;.$ 0 0 --i-A I I be re coq ni Ze d 6 n P1 aq ue i no nt do na t ci r,,-- it hl q pa ij rfie. It I I w For meeting of 10/4/89 CITY OF KENRI FOR COUNCIL INFGRMHTION Transfers of Funds under $11000 (KMC ?w25wO20) Date Department Amount From 9/19/89 Building Dept. $ 700.00 Small Tools 9/25/89 Airport Admin. 450.00 Contingency To Explanation Operating Sup. To purchase additional Operating Supplies Mach. & Equpt. Additional funding for purchase of 286E Compaq Computer �w 1 wgo� �u ti� S"r XaFO DEPARTMENT OF COMMERCE fir. P.O. eox auc ECONOMIC DEVELOPMENT JUNEAU, ALASKA 99811-0800 PHONE: (907) 485-2534 DIVISION OF OCCUPATIONAL LICENSING September 27, 1989 Dear Permittee: The Department of Commerce and Economic Develo went, Division of Occupational Licensing, is adopting some emergency regulations at will have considerable imTam act on the manner in which charitable gaming activities are conducted in this state. writing to apprise ou directly of the intent of the new regulations, as well as to provide you with ile department's rationale. for these major changes to current gaming practices in this state. Since transfer of the charitable gaming program to the Division of Occupational Licensing in July of this year, a number of issues of substantial concern became the focus of much of our attention. Those issues were: 1) pull -tab "vendors"; 2) bingo "o erators"; 3) statewide pull -tab games posm* as "lotteries"; 4) the number of al owable monthlybingo sessions; 5) the establishment , of a state requirement that pull -tabs sold qua Alaska carry a state identification stamp; and 6) the creation of an advisory group to assist the department in ad tration of the state's charitable gaming program, Because of the seriousness of these matters, the department, after internal review and discussions, sought the governor'sreview and apgo roval of our proposed a proach } to resolving these issues. Having received Governorwper's backing, .we re eased today a statement to the Tess outlining the department's new direction in enforcement of Alaska's c aritable gaming statutes and regulations. Our plan is described below, in detail. I. VENDORS We Ian to adopt an emergency regulation prohibiting third party "vendors.' from con ucting gaming activities on behalf of permitees or operators. The Gaming Reform Act of 1988 did not contemgehalf late or authorize a pull -tab "vendor" class. Only a permittee itself, or an or5. rator on of a permittee, is allowed to conduct gaming activities under AS 05. 08-H8 LH Permittees -2- September 27, 1989 Because vendors are not licensed or regulated, the division's present recourse upon receiving a complaint about a pull -tab game is a ainst the or an a ation or t municipality that holds the permit, against e vendor w o is actually conducting the game. Even though the permittee often knows next to not hin day-to-day conduct of its pul -tab operations, the onlyJegalenalty wetaboutthe ave is to suspend a charitable organization's permit for vendor errors or actions. This seems illogical, unfair, and impractical. In addition, because of the proliferation of pull -tab games, it is now very difficult to determine whether a vendor is conducting a legitimate game on behalf of a permittee. Division staff recently discovered pull -tab games in bars in the Kenai area that were not being conducted on behalf of any charitable organization. The pull -tab money was simply going directly into the pockets of the bar owned This was one of the reasons we recently took steps to require the posting of a gaming permit at the site of all pull -tab games being conducted in this state. Finally, because "vendors" are unregulated, there often is no contractual relationship between the and the vendor, as is required between permittees and operators. TKermittee erefore, permittees are not being guaranteed a particular rate of return. In some cases, permittees are not even getting the 15% required by statute (although, as you know, the 15 % figure was only meant to apply to bingo profits, whose operating expenses are considerably higher than the ow -overhead pull -tab games). We realize that requiring organizations that have been using cen.sed vendors (e.g., bars, retail outlets) to cease such activities could affect proceeds to the organizations. For this reason, while we are announcing the de artment's position now, the regulations will give organizations until January 1, 19 0 to withdraw any vendor -conducted pull -tab games. In the three months between now and year's end, permittees not interested in selling their pull -tabs directly can find an operator to conduct the games on their behalf. In this manner, we hope to minimize the impact of enforcing compliance. The emergency regulation will make it clear that in order to sell pull -tabs on behalf of a permittee, the person selling must be one (1) of the following: 1. a member of the permittee's organization who receives compensation or consideration (i.e., a volunteer member of the group); 2. a full-time paid employee of the permittee; 3. a licensed operator; 4. a full-time paid employee of a licensed operator. Pull -tab operators may use retail outlets, bars or other businesses or persons to sell pull -tabs on their behalf. Pull -tabs must be sold directly by the operator and his/her employees, or the permittee and its employees. We realize that bars and retail outlets which have been selling pull -tabs will be upset with this decision. They will claim it will hurt business, because pull -tab sales draw customers. Our response must be that it was never the intent of the charitable gaming act to increase food or liquor sales, for example, but rather to provide funds to civic organizations for charitable and educational purposes. Indeed, since alcohol is prohibited wherever bingo is played, why are pull -tab sales treated any differently? Permittees -3- September 27, 1989 � Ultima tely, we believe the issue of vendors vs. operators is a matter most appropriately addressed before the Legislature. If the public wants to allow entity in this state to sell pull -tabs, we believe the Legislature should write a law that specifically provides for such a .result. Until that time, the department believes it must enforce the statute as written, Including a prohibition on third -party vendors. II. OPERATORS We have a five -point plan to deal with the controversy surrounding operator licensing. Please know that it is our intent, through these actions, to encourage persons to go into business as operators and to encourage permittees to utilize operators. A. We are going to enforce the language of AS 05.15.122 ("Operator's License"). We are therefore promulgating an emergency re ation which will provide that any Eerson conducting gaming activities on beh f of more tb.an one 'ttee is, y definition, an operator. This will effectively make everyone resently running a professional bingo hall an operator. It will also prohibit "ven ors," as previously discussed. Our primary goal in narrowly defining an operator/permittee relationship is to enforce the gaming law's requirements on those persons currently conducting gaming (e.g., bingo or pull -tab) operations. B. Because enforcement of repo is our primary goal, and because we are so j near the end of the current calendar year, we will not rea=e those persons Frecently conducting bingo operations, who as a result of this action must seek icensure, to meet the bonding requirement of the statute. Rather, we will simply require that they apply for an operator license, meet the liability insurance re =ements, pay the license fee, and meet all monthly, quarterly, and annual reporting requirements, retroactive to July 1, 1989. All Kersons currently conducting bingo on behalf of more than one permittee must be censed as an operator by November 1, 1989. If not, the state will go to court and seek a restraining order against the operation. C. We will not require operators to provide bonding until July 1, 1990. We are extending the date to mid-1990 in order to allow for legislative debate over the amount of the present bon duig requirement and the present limitations 0 on prize awards unposed on permittees who contract with an operator. It is the department's position that the present bonding requirement for oper&W ators is excessive. In addition, the difficulty in obtaining bonding is a significant disincentive for a person to become licensed as an operator. We believe a better solution to the problem would either be to siA cantly reduce the bonding required or establish a system patterned after the Real Estate Surety Fund (a fund created by assessing a fee against all licensees) to guarantee restitution when proceeds due a permittee from an operator turn up missing. If no legislation is passed affecting the present bonding requirement, then we will require compliance with that requirement by July 1, 1990. D. As a matter of fairness, we wish to release all operator bonds currently held by the state, especially those posted b bingo operators. We have asked for an Attorney General's o in ion on the Tegality and wisdom of returning all bonds. If the Attorney Genera concurs, the bonds will be returned. Permittees -4 September 27, 1989 E. We will enforce the limitations on prize awards ($500,000 for operator -conducted games and $1 million for permittee-conducted games) this calendar year against those permittees who will be impacted by the department's determination that the person conducting bingo on their behalf must now be licensed as an operator. We 11 enforce this limitation be ' ' g January 1, 1990. We believe these five steps will go far in at least temporarily resolving a very difficult and ressing problem and will give the department, the Legislature, and those invo ved in charitable gaming time to jointly address the issue. While our solution may not please many within the gamin industry, it will do what the Gaming Reform Act intended: create a group of indivi uals (i.e., "operators") who are responsible for the conduct of charitable gaming..Because operators will often be in the business full-time, they will have the ab' 'ty to keep an accurate accounting of the money taken in, expenditures made, and permittee proceeds. We will focus the department's attention on enforcing accurate timely operator reporting requirements, in order to ensure that permittees are at least getting the rofit lai ercentages guaranteed by the statute, and that operator-cmed expen 'tares are a egitimate draw on gaming receipts. With the major roadblock to licensure removed (i.e., the bonding requirement), any person we deem an operator who objects to this requirement would basically be objecting to having to file gaming disclosure reports. However, proper and extensive record keeping is clearly intended by the gamin2the statute in order to ensure that permittees (and the state) get their fair share profits from gaming activities. III. PULL -TAB GAMES AS LOTTERIES There is public confusion over whether or not lotteries are legal in Alaska. Lotteries per se are not illegal in Alaska, but the type of lottery that is legal here is better described as a "raffle." [See AS 05.15.210(29) and 15 AAC 105.120(b).] Unlike the number lotteries conducted outside, Alaska's statutes and regulations contemplate the sale of consecutively numbered, identical tickets, with a "drawing by lot," which involves pure chance. This is more classically known as a raffle. The existence of a game known as "Lottery Alaska" has been the source of very real confusion to Alaskans. However, as you are probably aware, Lottery Alaska is not a raffle or a lottery. It is a statewide gull -tab gam. It is our opinion that the pull -tab games be conducted by Lottery Alaska are not provided for in Alaska's aming .. _ statute and, as a result, there are numerous problems with Lottery Alaska s operations. A brief listing of the major issues: Lottery Alaska uses "vendors"(e.g.,retail outlets) to sell its pull -tabs. 1. ry 2. A "pull -tab series may not be sold at more than one locat ulzing_ m " [emphasis added; AS 05.15.187(b)]. The pull -tab games conducted by Lottery Alaska are being sold in a variety of locations during the same day. The Attorney General's Office concurs with our reading of the statute that a pull -tab and a "series" are synonymous terms under the gaming statute. Lottery Alaska's attem t to break one very large game into hundreds of small "series" does not conform to the intent of the statute. Permittees -5- September 27, 1989 3. The use oft word "lottery" ' ' he woottery in the name is terribly misleading and, from a consumer protection standpoint, probably should not be allowed. The dValcska's artment has told Lottery Alaska that its gaming operations do not comport with gaming laws and has prohibited the further introduction of such games. In fairness to those permittees under whose permits current gaming is being conducted, the department will allow Lottery .Alaska to complete its sale of pull -tabs for the ga me(s ). The gaming statute did not authorize nor does it contemplate such large pull -tab games. If we continue to allow pull -tab operations of this size, charitable operations conducting small ull-tab games could be driven out of business, or their potential profits considerab y reduced,, particularly in the face of the proliferation of pull -tabs in many of the retail outlets in this state. Under the Lottery Alaska scheme, retailers ff et a discount on the pull -tabs purchased, plus a lot of free game -related advertising for their business, all of which encourages them to sell pull -tabs for Lottery Alaska instead of other charitable groups. In addition, the retailers are unlicensed "vendors," as previously discussed. If the Legislature intended statewide pull -tab games, then the department believes it should amend the gaming statutes to clearly authorize them. On a somewhat related topic, you may know that some towns, in reaction to the proliferation of pull -tab operations, have acted to rohibit operators in their community. While we appreciate the concern for Focal charities that motivated these municipal ordinances, we believe prohibition is too extreme a reaction, because it eliminates even the possibility that local operators could s ring u to assist local charitable organizations who would prefer not to take on t e hea to of having to conduct their gaming (and reporting) activities themselves. Because we are encouraging the use of operators where appropriate to meet the department's need for fiscal accountability, we hope those communities that have taken such actions will reconsider. IV. PULL -TAB IDENTIFICATION STAMP Effective Januar 1, 1990, the de artment is going to require manufacturers selling pull -tabs in Alas a to place an "i entificationstamp" on each series (i.e., game) played in Alaska. A n of states (includiny Washington) already require such a stamp. The state will print the stam s and sethem -- at a profit -- to the manufacturers, who will then place t e stamp on each flare sheet accompanying each pull -tab game. The flare sheet .for each game must be posted at the location where the pull -tab game is being sold. With this additional requirement, it will be considerably more difficult to import illegal pull -tab games, and it certainly will increase the ability of gamicg investigators or law enforcement officers to inspect pull -tab dames, verify their legitimacy, and trace their place of ong�n.Manufacturers will file a report with the state listing each game sold to a distributor in Alaska. This report could then be compared with the reports required to be filed by distributors. In addition, if feasible, we are going to seek to require pull -tab manufacturers, whether or not they manufacture pull -tabs in the state, to be licensed or at least registered with the state, to give us an additional enforcement tool. Permittees -6- September 27, 1989 V. NUMBER OF BINGO SESSIONS PER MONTH PER PERMITTEE The department is adopting amulti-tiered approach to the regulation of allowable bingo sessions. While we recognize that we have to let the free market play some part in this matter (that is to say, we cannot, through regulation, fully solve the potential problem of too many permittees conducting too many bingo games), we do believe we need a system that reflects both the ruraUurban and permittee/operator situation in Alaska. Therefore, we are adopting an emergency regulation effective October 1. 1989 that contains the following: 1. An organization with a bingo permit which conducts its own games, without benefit of an operator, may hold up to fourteen (14) sessions per month. 2. An organization with a permit to conduct bingo which uses an operator to conduct bingo on its behalf is limited to eleven (11) sessions per month on that permit. As you are aware, Alaska's gaming law authorizes the department to adopt regulations governing the number of bingo sessions which may be held er month per permittee, up to a maximum of 14 sessions and 35 games per session. current regulation (15 AAC 105.110(5)] states that "no organization may hold, operate, or conduct bingo sessions more often than nine occasions in any calendar month." This regulation is the subject of a great deal of controversy. The limit to nine games per month has a great (financial) impact on organizations conducting their own bingo operations as it definitely restricts the number of bingo sessions they may conduct during any given month. In larger communities, where there are considerably more organizations elig�ble for bingo permits, limiting the number of bingo sessions could have the affect of reducing the potential for a complete saturation of the community with multiple, competing bingo nights. In Anchorage and Fairbanks, where there is a combination of operator -run "professional" bingo halls and weekly church and other -organization sponsored bingo nights, bingo games are to be found any night (and most days) of the week. Limiting the sessions aught have the affect of distributing the hard-core bingo players across a number of bingo facilities over a month's time. However, setting a low number of monthly sessions means, in many rural communities, for example, where there are only one or two bingVe ermits available, ° that there are numerous evenings when the bingo hall is_ dark. have heard quite frequently that bingo games serve a two old purpose in rural Alaska: first, the games bring in substantial income to numerous village nonprofit corporations; second, the games provide a social activity where alcohol is not allowed. For that reason, these communities would like to see the number set at the um allowable 14 sessions per month per bingo permit. The department believes, in adopting its two -tiered approach, that we have met most concerns at least halfway. VI. ADVISORY BOARD There has been considerable interest expressed by permittees, operators, and distributors in the creation of an advisory board. The department agrees such a board would be very helpful and has announced that it intends to create an advisory board in the very near future. Permittees 47 September 271989 As you know, the division has before it some sixty pages of regulations, most of which are noncontroversial but need substantial fine tuning. At the very least, the accounting and record keeping procedures proposed in the regulations need particular review. We need to be sure that the rules are just as feasible for permittee-run operations that potentially lack the systems to P . Y y adequately meet the rather complex and detailed reporting requirements contained in the proposed regulations as they are for operator conducted activities. P An advisorygroup. with members representing the interests of 1) rural and urban permittees (incluchng municipalities), 2) operators, and 3) distributors, would greatly assist the department i n its reviewaddition,� 8r y . p , , of the regulations. In the group s assistance during the next legislative session could prove invaluable. We believe a seven to nine member advisory group is workable and have already be contacting interested persons . gun g . p sons about serving on this body. We plan to announce its formation and first meeting date by mid -November. I hope this admittedly lengthy letter has been of assistance and use to you in understanding the recent actions of the de artment. I wish to em hasize that our abiding concerns are that the department ave the tools it needs or adequate enforcement and accountability, and that the states gaming activities not expand � beyond their statutory y boundaries. We believe charitable gamin was clean intended b the LTaaska 'slat S y y ure to be conducted on a local level. However, we strongly believe that it is the Legislature's slature's role s elected representative of its citizens, to make decisions regarding any expansion of Alaska's gamuig activities. We at least ask for and seek your understancirag of -- if not your agreement with -- our role in administering the state's gaming laws. Sin Larry Merculieff Commissioner I.M/RPB/mm1668t 092589d � al ,r+ A/�, F' i• 1791-1991 CITY OF KENAI �� • eapd-cd 4 44u4a 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907-283-3014 September 28, 1989 Julie Howe ADEC 3601 "C" Street, Suite 1350 Anchorage, AK 99503 Subject: NPDES Permit No. AK-002137-7 State Id. No. AK890721-06A Kenai Wastewater Treatment Plant Dear Ms. Howe: The City of Kenai would like to work with EPA and the ADEC on our NPDE S permit whereby we can satisfy the requirements of the law and be able to 1TLeet the new requirements of the permit. In Mr. Bili H. Lamoreaux' s letter .dated August 8, 1989 he requested that the City of Kenai submit a proposed mixing zone for review by ADEC including dilution calculations. It appears that ADEC should be taking the lead in determining the mixing zone according to 18AAX 70.032 Mixing Zones ... (b) ... "a mixing zone prescribed by the department"... Prescribed means to set down as a rule or direction. In any case, EPA Region X is presently doing a dilution model for our STP. Our last NPDES permit under Section I.B.-1 "Fecal Coliform Monitoring" , states that ADEC will (1) conduct a dye study and 2 j will conduct a monitoring program for fecal Coliform. ADEC did do a brief dye test on our wastewater effluent but they did not do a comprehensive dye study nor did they do any monitoring of fecal r . Coliform. As I mentioned in my letter to Mr. Lamoreaux on October 14 1987, "The City of Kenai is very much concerned about any potential health hazards along this beach and will do anything we can to cooperate and be of help to ADEC... "We certainly do not want any health hazards on our beach nor do we want to endanger any fish, whales, or other wildlife."... The big questions concerning the new permit is whether or not the plant needs to disinfect it's effluent. In an effort to answer this question the City has gone back through it's records plus we asked CH2M Hill, the design engineers of the STP, to go through their records. We have found that some of their records, which we had not seen, are interesting and enlightening. M Page 2 I have enclosed records dating back to September 11, 1978. It is interesting to note that CH2M Hill was discussing chlorination and dechlorination of the effluent with ADEC in the design stage of the plant, ( 2/13/80) . In an ADEC interoffice memo dated April 10, 1980 which we received from CH2M Hill, ADEC suggests the outfall be located where it is now. The technical interoffice CH2M Hill memos dated July 15, 29, and 31, 1980 mentions coliform contamination at the beach, initial dilution, spreading of the effluent field, bacteria dieoff, beach contamination due to combined effects, construction costs of the Kenai outfall, cost/benefit analysis, and - approvable plans and specifications. EPA Region X should find this information helpful for the dilution model that they are doing for our STP. ADEC letter of September' 8, 1980 accepts the outf all in its present location. Enclosed is the Final Design Report for the Kenai outfall, January, 1981. ADEC did approve of our STP and outfall design and it was built in accordance with the design. The 1985, 86, and 87 correspondence concerns the November 12, 1985 dye test, requests for more testing, and discussions of potential health hazards. For your inf ormation , I have enclosed a photo of the STP outf all diffuser. It looks like it is working great. The City of Kenai took samples of our City drinking water and the STP effluent on 8/30/89 which we had tested by National Testing Laboratories, Inc., Watercheck Division. It is interesting to note that our STP effluent almost meets the drinking water standards for chemicals. These test results are enclosed. On September 7, 1989, Northern Test Lab took ten (10) samples for the fecal coliform bacteria testing around the STP diffuser and adjacent beaches. A copy of the test results is enclosed. The question of whether or not the plant needs to disinfect its effluent could run into a costly solution - not only capital costs but in operation and maintenance costs. The City is requesting help from both ADEC and EPA in both their expertise and through their grants division. Are there any funds available to help pay . for at least the capital costs? The following are some additional comments concerning the preliminary draft of our permit: 1. The pH requirement that it shall not be less than 6.0 nor greater than 8.5 does not present a problem. However, the new statement I.A.1.f "The discharge must be in compliance with Alaska Water Quality Standards (18 AAC 70)" could be a problem. Under these standards the pH can not be lower than 6.5 which we can not meet at times because of the low pH in our drinking water system. Page 3 In I 40 The new requirement concerning whole effluent toxicity testing will hopefully not be a problem. The plant effluent bio-assay (using green sea urchins) is presently being done in -San Diego for the Anchorage Region X EPA office and the results will be forwarded as soon as we receive them. 3. The new requirement concerning the sludge management could be a problem for the Kenai Peninsula Borough who is responsible for disposing of our sludge. The Kenai - Peninsula Borough does have plans to change the disposal site from the Kenai landfill which has a monof ill to the Soldotna site which disposes in the landfill itself. As I mentioned earlier, the City of Kenai is willing to do whatever we can do within our resources to work with ADEC and EPA to make sure that our beaches are safe from any health hazards. If you have any questions, please feel free to contact me at 283-7535 or Bob Bears at 283-4529. Sincerely, Keith Rornelis Public Works Director KK/kv cc: Andi Manzo and Joe Roberto, EPA, Seattle CITY OF KENAI 110d •w 4kzd.,4a /I 210 FIQAIGO KENA1, ALASKA 99611 ._._.- TELEPHONE 283 - 7535 CITY OF K E NA I BACKGROUND AND PERSONAL DATA -- CANDIDATES FOR APPOINTMENT TO COMMITTEES AND COMMISSIONS N A 14E Christy D. Anderson Resident of City of Kenai?-YeL How Tong? Mailing Address p+p . Box 18z ,- na ,.- AK_ 9g6T e l . a -04 BUS. A d d r P S s R. 0. Ro x 1296. 1e n a ..9 961�T e 1. Presently employed by --ARCTIC P_1NSP- -IN �'- J o b Title Yard Supervisor. Name of S p ou g e Susan Anderson Current inembe.rship in organizations : 9 American Petroleum Institute ^ Alaska Cha ter - oft. Past organizational membership, Moose Club A Committees interested in; Planning and Zoning Commission E-+ z 0 0 P4 U 0 H z x z 0 0 Q 44 H 0 z 0 H z ga_tQr�� �� ateOctober o O • t . l �'rrr SundayMondayTuasda Wednesday ThursdayFrida SaturdayYY 1 2 3 4 5 6 7 Universal Birthday of ELECTION Preschool Children's Mahatma Gandhi DAY Storyhoureach Thursday y 10:30-11:30p National Employ Child Health The World Series the Handicapped Day was bdioaorast Week the first time 1921. 8 9 10 11 12 13 14 Columbus Day Columbus 5 Air Celebration LibraryDa Fire Y Force Gen. Commission Chuck Yeager Prevention NO SCHOOL ON THESE TWO DAYS broke the Week Meeting sound barrier 7 : 3 0P by flying -• 700 mph,_ i Yom Kippur j 1947. 15 16 17 18 19 20 21 Grouch Day Black Poetry ALASKA is- -q- National Day DAY Boss White Cane Day LIBRARY CLOSED Safety Day Bigf oot Day 22 23 24 5 C> 26 27 28 0 � Mother-in-law TOTEM �s Birthday Fingerprint of Day • Day TRACERS o MEETING Theodore- 7:OOp onn o o � P flnn Roosevelt Birthday of The Statue of Liberty Picasso was dedicated, 1886 29 30 31 National UNICEF Da National y Chemistry Scary Stuff _ Week d �- National Magic Da NATIONAL FAMILY SEXUALITY MONTH NATIONAL SUDDEN INFANT DEATH SYNDROME AWARENESS MONTH ueiebrate tne;,year Pjixne, Young iceaaer Use the following list of ideas 'j t • Make regular family.visits to the or relatives. (suggested by The Center for the library. ""'` " ' ' , • Give favorite books to other . Book and the Children's Literature ` • Reread a book you loved as a...,'. children. '. Center, Library of Congress) to help,. child, then share. it with your; - I • Take books along when going ;j :.., ,fit. ,.. .. �r ! .. . you and your child (or children) Fj: child. '' on a trip. P• celebrate the Year of the Young '. • Make a bedtime story a regular ' ' • Ask your prereader to "read" Reader —today and every year,; event. a wordless picture book to you. • Read aloud to each other. ' .; i • . Visit a bookstore with your child.' • Read highway signs together • Talk about the stories you read. s • Encourage your child to start a„ '' when you are out driving or • Put books and magazines in personal library. riding in a bus. convenient places, around the .i.j { • Help your children choose books ' • Ask your child to help you cook house. "` ' 4. . li they want to read. , , s by reading the recipe to you. .• Give books and magazine sub-'.,: • Use television and radio to , ^;; * (• Let your child catch you readingl,, scriptions as gifts. encourage reading. Setting a good example is, in the • Encourage your children to get ,''• • Encourage your child to write—: end, the best possible way to library , cards: , . ``;t?�a',y'�+ stories, a, diary, letters to friends, . 'j.. .- r. . guide your child. , October 1 - First Post Card was issued in 1869 in Austria. The U. S. Post Office was not far behind - issuing postcards in 1873. October 2 - Peanuts and the Gang are celebrating 39 years of American humor today. October 3 - ELECTION DAY - VOTE TODAY - All Kenai Precincts vote at the Armory. October 8 - Fire Prevention Week was developed to increase awareness of the dangers of fire and to educate the public to become more f iresaf e. October 15 -Mumble and complain all you want today, but then the grouchiness must disappear for another year! October 17 -Black Poetry Day was established to recognize the contribution of black poets have made to American life, literature a nd culture. October 19-Bigfoot Day - does Sasquatch really exist? Do some reading and make your own decision! October 27 -Birthday of Teddy Roosevelt.: All bear enthusiasts will want to cele- brate this special day. Teddy Bear was named after President Teddy Roosevelt, who was born on this day. When President Roosevelt refused to shoot a bear cub during a hunting trip, a newspaper cartoonist told the story in a cartoon published by the paper. After seeing the cartoon, a toymaker created a stuffed bear,.called it "Teddy Bear" and soon everyone was wanting one. October 28 -Fingerprint Day - on this day in 1904, the fingerprinting system as.a means of crime -fighting was first adopted in'the United States by the St. Louis Police Department. Kenai Community Library 163 Main Street Loop Kenai, Alaska 283-4378 Hours: M - Thursday: 8:30a - 8:00p F - Saturday: 8:30a - 5:00p B0010 / -0 --- s/--, TO DO LIST OCTOBER 4, 1989 KENAI CITY COUNCIL �1.. J. Ruotsala - Send letter to Tom Irwin re/status on Airport Commission as Ad Hoc m ber. svvj*-� 2. J. Ruotsala - Distribute Plan ng & Zoning Comp Plan assignments to Council. 3. J. Williams, B. Brighton - repare resolution for Railbelt Coalition meeting re/congregate housing for Oct. 11 meeting. 4. B. Brighton - Prepare r olution for Oct. 11 meeting, support of Governor's ucation Endowment Fund. J. Ruotsala - Letter f Agreement with Borough re/land fill for J. Williams 6. K. Kornelis - Submi grant application for river viewing platform Alaska Land & Water Resources. 7. J. Williams - Sc dule work session re/CIP list after Governor's fore ast is complete. 8. J. Williams - end letter to Alaska Railroad, Frank Turpin, re/ra'lroad spur to Kenai. jr )4