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HomeMy WebLinkAbout1989-11-01 Council PacketKenai City Council Meeting Packet November 1, 1989 AGENDA Kew. cmr C GuLAR MEETING NOVEMBER 1, 1988 C. PtWJC HEARINGS I. Resolution 89-74: Transfer $6,000 in Sewer Treatment Plant Funds. - - - I,- 2-Resolution 89-72: Supporting HJR 13, Pro- YkMg a Secure Source of Public Education Funding ff.: 3 . Resolution 89-73: Authorizing Robert A. - -Breeze, Esq. to Act as Agent for City of Kenai. ZkC31H:II4I:)_Zk (__(DUWC__TT__. — 1:ZIHC3UT_JIAa MEET XWC3 N<:3N74aniID4ex, 1 , 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. IPUIBTX(-- COMMENT (10 Minutes) Sur"y"Of"Tr&ct A;---Gu9ty-­S,/IE)I'IN'&. .r_9 i! 1. Resolution 89-74: Transfer $6,000 in the Sewer Treatment Plant Funds 2. Resolution 89-72: Supporting HJR 13, Providing a S.ecure Source of Public Education Funding ')�= 3. Resolution 89-73: Authorizing Robert A. Breeze, Esq. to Act as Agent for City of Kenai E) C_-(DMMTSSJE(DM/C-_C)MMT-T-TM0 a1F_PaI:Z-rS 1. Council on Aging 2. Airport Commission 3. Economic Development Commission 4. Harbor Commission 5. Library Commission 6. Parks & Recreation Commission 7. Planning & Zoning Commission 8. Misc. Commissions/Committees M M x NU iii P_ S 1. *Regular Meeting, October 4, 1989 ____2. *Regular Meeting, October 11, 1989 1. *Letter from RDC: Thank you for renewal 2. *Letter: Appointment of Bob Scott to Alaska Seafood Marketing Institute 3. *Letter from Exxon: Winter Office and Staff Changes 4. *Letter to Mr. & Mrs. Stasek from Mayor Williams C3 - CDLn BUS J:WIEESS H- NEW BUS TMMSS 1. Bills to be Paid, Bills to be Ratified 2. Requisitions Exceeding $1,000 3. Change Order: Airport Terminal Building 4. Claim to Exxon, Kenai Dock 5. Assignment of Lease: Former Post Office Facility - Jack Thompson 6. Applications for Lease: Formdr Dairy Queen Facility Discussion: New Chairs. for Council 8. *Games of Chance & Skill: F.O.E. Auxilliary of.-' Aerie 3523 (Eagles 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 1< AnjDa0U1:Zk-TMM1qr-r 2 =NFOFzMAT=ON L=ST Ncavc—_mber 1 , 1C3a9 1. Kenai Peninsula Borough Assembly Agenda for October 26, 1989 2. Update of Legislation & Board Regulation Information - ABC Board 3. Application for Planning & Zoning Commission: Art McComsey 4. Council "To -Do" List for October 11, 1989 5. Application for Planning & Zoning Commission: Art Gravely 6. Kenai Peninsula Borough Notice of Withdrawal of Cease Directive 7. Resource Review 8. KPNA: Proposed Sales Tax Pull -tab Sales 9. State of Alaska: Emergency Gaming Regulations 10. Notice of Meeting Regarding Gaming Revenue 11. Application for Commissions: Saylor T. Rehm 12. Kenai Peninsula Borough Assembly Agenda for September 19, 1989 13. Newspaper Article Concerning Educational Endowment 14. Kenai Peninsula Caucus Agenda for November 11, 1989 15. Letter to Alaska Division of Parks & Outdoor Recreation: Intent to File for Grant 16. Application for Payment from G&S construction for Airport Terminal Renovation 17. Pay Estimate: Toyon Way/Fathom Drive Improvements 18. Pay Estimate: Runway & Taxiway C Overlay 19. Mat -Su Borough Resolution 89-226: Relating to the Railbelt Energy Fund 20. Transfer of Funds rl� A. B. C. D. � f AGENDA ' KENAI CITY COMCIL - REGULAR MEETING C OCTOBER 11.,, 1989 CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Certification of Election a. Swearing in of New Councilmembers b. Election of Vice Mayor 4. Agenda Approval 5. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non -controversial by the Council and will be approved by one motion. There will be no separate discussion of these items unless a Council member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. SCHEDULED PUBLIC COMMENT (10 Minutes) PUBLIC HEARINGS 1. Ordinance 1342-89 - Amending Kenai Runi.cipal Code, Title 19, Changing Title to Parks L Recreation Commission 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/Commnittees MINUTES CORRESPONDENCE OLD BUSINESS NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Requisitions Exceeding $1,000 3. Set Date for Second Meeting in November 4. Set Date for Legislators, Lobbvi:,t, Council Meeting 5. Set Date for Borough, Cour_,:il Meeting Regarding Land Fill I. ADMINISTRATION REPORTS 1. Mayor 2. City '.dnager 3. At-orney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager J. DISCUSSION 1. Citizens 2. Council K. ADJOURNMENT KENAI CITY COUNCIL - REGULAR MEETING October 11, 1989 Kenai City Hall Mayor John J. Williams Presiding A. CALL TO ORDER 1. Pledge of Allegiance. 2. Roll Call Present: Mayor Willi amis, Measles, McComsey, Monfor, O'Reilly, Smalley, Swarner Absent: None 3. Official CQrtification of Election The official ballot count was read into the record. The total ballots cast were 1152 and was the largest election turnout in an off year. MOTION: Councilman Measles moved for certification of the results of the regular election of October 3rd as read by the City Clerk, seconded by Councilman McComsey. VOTE: Motion passed by unanimous consent a. Swearing in of New Council Members City Clerk Ruotsala conducted the swearing in of Mayor Williams. Mayor Williams swore in new Councilman Kevin Wacker and indent Councilwoman Monfor. A plaque was presented to Art VxCcmsey from the Council in aWrecia?tion of his years of service to the City. b _ Election of Vice Mayor NOTION: Councilwcoan Monfor nominated Ray Measles, seconded by Councilwougm Swarnes_ VOTE: Motion passed by unanimous consent 4. Agenda Approval a. Add item B-1 = Laura Measles b. Add item C-2 = Resolution 89-72 Councilwcman, 5warner objected to item C-2 as it was not included in the packet. KENAI CITY COUNCIL October 11, 1989 Page 2 MOTION: Councilwoman O'Reilly moved to place Resolution 89-72 on the agenda, seconded by Councilman Smalley VOTE: Motion failed Swarner - no Williams - yes Measles - no Monfor - no O'Reilly - yes Smalley - yes Walker - no MOTION: �"QA' f S - Councilman Mceomseq moved approval "of the amended agenda, seconded By Councilman Smallev Motion passed by unanimous consent Councilman Measles stated that his concern is bringing a resolution or anything that falls under the public hearing category to the table on the night of the _eting tilat has not been advertised as part of that public hearing process. It denies the public the opportunity to speak on it. I don't necessarily oppose the resolution, I oppose the way it was brought to U.S. Mayor Williams: It was my understand that the Council agreed to have it brought before the meeting this week, during the last meeting it was talked about having it drafted. Councilman Measjps: But it should have been on the agenda. City Manager Brighton: One of the reasons it wasn't ^n the agenda was because it was asked for last Wednesday night and didn't get p•apared :.ntil Friday which was the time the packet was put together. Councilwoman Monfor: I concur with Councilman Measles. This is of such importanc4 and magnitude that I think we need to have more information on what is going to happen, not with the endowment, but in between time and secondly I think it is important enough that we should have it publicized so if someone were to come forth it would be a bigger plus. I think we should put it on at another time. Mayor Williams: I would appreciate it if Council would request it be on the agenda for the next meeting. There is a pamphlet that has been published by the State covering the endowment policy itself. This is not a passage of the endowment 'fund on a short notice, what this really requests is that the matter be brought to the ballot so that the people of the State can vote on it. The endowment idea has passed the State Legislature, the House passed it by a 31 - 8 vote. KENAI CITY COUNCIL October 11, 1989 Page 3 Councilwoman Swarner: I don't believe it's an emergency item that needs to be addressed tonight when it wasn't on the agenda. Also, I would like to see it on the agenda in December after we've been to AML and we've gotten a lot more information about it. Mayor Williams: I would prefer to have it on the agenda prior to AML so that we can go to AML knowing what we're going to do prior to the meetings. Councilwoman Swarner: But, as you know, when we go to AML the person that goes from a municipality can vote any way they want. Mayor Williams: That's true, we will be asked to vote on a resolution at AML. It would be senseless to wait until after AML then come back and decide what we want to do. Councilwoman O'Reilly: I would speak in favor of putting this resolution on the agenda for the next meeting. It is encouraging the concept of our Governor's so that he can put it on the ballot so the voters of the State can decide next year and I don't see anything to be gained by waiting on it. MOTION: Councilwoman O'Reilly moved to place the resolution on the next agenda, seconded by Councilman Smalley VOTE: Motion passed by unanimous consent Mayor Williams asked administration to get in touch with the Governor's office and have them send up multiple numbers of these booklets so that each Council member can have one. Mayor Williams called attention to the minutes. They were not in the packet due to the short time span, however, they are now available. C. Item H-1 = 2 additions d. Add item H-6 = Notice from EDD e. Add letter from Governor f. Add application for Planning Commission g. Add memo from Finance Director h. Add letter from Mr. Ischi i. Add AML Newsletter MOTION: Councilman Measles moved approval of the amended agenda, seconded by Councilman Smalley VOTE: Motion passed by Unanimous Consent 5. Consent Agenda 1 ... MOTION: Councilwoman O'Reilly moved approval of the Consent Agenda, seconded by Councilman Swarner KENAI CITY COUNCIL October 11, 1989 Page 4 VOTE: Motion passed by unanimous consent B. SCHEDULED PUBLIC COMMENT (10 Minutes) a. Laura Measles - Representinq the Chamber of Commerce Laura Measles: I am here representing the Retail Merchants Association which is a subcommittee of the Kenai Chamber of Commerce. We have been working for approximately one year to try and develop a welcome wagon concept to the community. We've done a lot of research on it. In order to become part of Welcome Wagon International, the fees are fairly expensive and there must also be a host city within the state that has a minimum population. We've been informed that Anchorage does not want to be that host city and they are about the only city that would meet the population requirements. What we are proposing to do is to start our own type of program like that only it's going to be very low-key. What we'd like to do is have a coffee every other month, and we do have a local restaurant owner who has agreed to donate the coffee and donuts for the function. All of the merchants will take turns hosting the coffee itself and introducing themselves and we're going to provide little packets which would have emergency numbers, medical facilities available in the area, and a copy of the Chamber of Commerce membership list. The easiest way we feel we can facilitate this is to do an invitation type thing in the local newspaper. We'd like to put it in as the City of Kenai and the Retail Merchants Association stating that if you just arrived in the City within the last two months, please come. What we're looking for from the City is the $60 fee for the advertising in the paper. Councilwoman Swarner asked how often that $60 would run. Laura Measles answered that the coffee would be every other month so it would be $60 x 6 months or $360 for an entire year. Councilwoman O'Reilly stated that she felt it was a good idea. Councilwoman Swarner agreed and asked for an ordinance at the next meeting appropriating this money. Finance Director Brown stated that an ordinance was unnecessary. City Manager Brighton: Have you given any consideration into checking with Homer Electric .... Laura Measles: Yes, and they answered that it would be in violation of their tariff to give out information. We also checked with the City since you have utilities, but you can't either. Dr. Culbertson went so far as to acquire a credit card list, but that doesn't give us the new people. Councilwoman O'Reilly suggested a listing from realtors. Mrs. Measles answered that they could only run it through their listings at a cost of about the same as the newspaper ad. Councilman Smalley stated that it was a wonderful idea and asked if it would be possible to get some free radio space. Mrs. Measles answered that KENAI CITY COUNCIL October 11, 1989 Page 5 she had checked on it and found that it could be run as a public service. The newspaper will put it in the Community Briefs, however, we want it targeted because that section is overlooked many times. City Manager Brighton: I think the Finance Director could arrange for the money. MOTION: Councilman Smalley moved to have the Finance Director draft a check in the amount of $360 for the payment of the newspaper ads, seconded by Councilwoman O'Reilly VOTE: Motion passed by Unanimous Consent C. PUBLIC HEARINGS 1. Ordinance 1342-89: Amending Kenai Municipal Code, Title 19, Changing Title to Parrs & Recreation HOTION: Councilman Measles moved approval of Ordinance 1342-89, seconded by Councilwoman O'Reilly Mayor Williams called for public comments, there were none. Motion passed unanimously by roll call vote D. COMMISSION/COMMITTEE REPORTS 1. Council on Aain Councilwoman Swarner noted the packet on Congregate Housing passed out. The next meeting for the Council will be Tuesday at 1:00 P.M. Mayor Williams asked the Council to return the packets unless they want it as they will be mailed out. We have a letter to send around to you which is to go with the packet and endorses the project. Councilwoman Monfor noted nothing in the packet from the Chamber of Commerce and since they had endorsed it at one time, why was there none now. 2. Airport Commission Councilwoman O'Reilly reported that the next meeting will be Thursday. 3. Economic Development Commission Mayor Williams reported that the next meeting will also be tomorrow, Thursday. KENAI CITY COUNCIL October 11, 1989 Page 6 4. Harbor Commission PW Director Kornelis: I received a call from Barry Eldridge for funds for a meeting October 20th in Anchorage for Ports Alaska, and a meeting November 7 to 9 in Seward for Harbormasters. Councilman Measles: I was not aware of the request. Councilman Smalley, Would this be beneficial for the Public Works Director to attend? PW Director Kornelis: I will go to the Ports Alaska meeting but not the Harbormasters meeting. Councilwoman Swarner: Has Jack LaShot gone to the Harbormasters Conference, is that appropriate for him to attend? PW Director Kornelis: Yes, or Swede could go. MOTION: Councilwoman Swarner moved that the City send the Dock Manager Swede to the Harbormasters Conference and the Public Works Director to the Ports Alaska Conference, seconded by Councilwoman Monfor. Council further discussed two meetings, the Harbormasters Conference and the Ports Alaska Conference. Councilwoman Swarner: I would prefer that the PW Director represent us at one seminar and we send the Dock Manager, Swede to the other. He is the one that deals with the harbor on a day- to-day basis. Mayor Williams: Its been a tradition as far back as I can remember that the Chairman of the Harbor Commission attend the harbormasters meeting. Councilwoman Swarner: But we didn't have a dock manager at that time. City Manager Brighton: Or a harbormaster. Councilman Walker: It does seem appropriate to me to send the Chairman of the Harbor Commission instead of the City employees, the reason is that if we send Swede, right now he might happen to be in the Street Department, and he is on the dock on a normal basis, but by the same token, the policies for the Harbor are actually made at the Commission level and I think it would be more appropriate to send the Chairman of the Commission instead of an employee. Mayor Williams agreed. Councilman Smalley suggested a City employee and the Chairman of the Harbor Commission be sent to the Seward meeting. Councilwoman Swarner: I feel that the employees should represent the City at these conferences first. Mayor Williams: I would point out that the Harbor Commission has been the group that has been charged with the responsibility of overseeing the development and operation of the harbor facilities. It would seem that it would be of educational benefit to members of that Commission to get as much rounded information concerning other ports and harbor when they are making decisions prior to making recommendations to Council. Councilman Measles: What is the cost of both of those conferences. PW Director Kornelis detailed the costs. Councilman Measles: We've got a situation here where there's a mechanism in place for information to flow from the Harbor Commission to the employees. To send an hourly City employee to something like that, there is no mechanism for any information KENAI CITY COUNCIL October 11, 1989 Page 7 he may get to go back to the Commission. I think it would be a good solution. MOTION AMENDMENT: Councilman Smalley amended the main motion to include the Chairman of the Harbor Commission attend the meeting in Seward and in Anchorage, seconded by Councilman Walker. VOTE AMENDMENT: Motion passed by Unanimous Consent VOTE MAIN MOTION: Motion passed by Unanimous Consent 5. Library Commission No meeting 6. Parks & Recreation The Commission will be meeting next Tuesday. Councilwoman Swarner noted that the floors look very good. 7. Planning & Zoning Commission No meeting, however there was a work session. Councilman Walker reported that the Commission completed the final draft of the proposed Recreation Zone. They will be sending it on to Council soon. Councilman Smalley noted that, in the packet is a list of assignments for the Comprehensive Plan Committee. Also that the Commission needs two members. 8. Misc. Commissions/Committees None The Council agreed to review the minutes at the next meeting. F. CORRESPONDENCE None G. OLD BUSINESS None KENAI CITY COUNCIL October 11, 1989 Page 8 H. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified Mayor Williams noted the two additions plus a third. PW Director Kornelis spoke on the airport overlay project and the Lawton project. MOTION: Councilwoman Monfor moved to pay the bills with the addition of G&S Construction, Quality Asphalt Paving, #1 and #2, seconded by Councilman Smalley VOTE: Motion passed by Unanimous Consent 2. Requisitions Exceeding $1,000 MOTION: Councilwoman Monfor moved for approval of payment of requisitions over $1,000, seconded by Councilwoman Swarner VOTE: Motion passed by Unanimous Consent 3. Set Date for Second Meeting in November The next Council meeting will fall during the AML conference. Council agreed to scheduled the second meeting to Tuesday, November 21, 1989 at 7:00 P.K. 4. Set Date for Legislators, Lobbvist. Council Meetin Councilwoman Monfor: Before we set a date, how about making contact with them and I would like to see Representative Navarre here rather than his aide. Councilman Measles: I would rather pick a time frame and then let them tell us when all three can be here and then as many of Council as possible will be here. Every time we do this, one shows up and a couple of aides who can't say anything. Councilwoman Swarner asked Senior Director Porter if she had any information on when and if they would be visiting the Center. Answer no. Council tentatively set November 1 - 9, 1989 for the target date. 5. Set Date for Borough, Council Meeting Regarding Landfill Mayor Williams asked Council to set a date. Council agreed on the same week, but not on the night with the legislators. 6. Letter from Economic Development District The letter deals with the proxy votes and would like Council concurrence and/or comments as to the changing of the proxy vote distribution. Mayor Williams pointed out that the City Manager has been most diligent in KENAI CITY COUNCIL October 11, 1989 Page 9 attending the EDD meetings. Generally speaking the Board of Directors is made up of elected officials and an administrative official. Mayor Williams asked the City Manager if there were a need for change, answer no. I. ADMINISTRATION REPORTS 1. Mayor a. Mayor Williams will take the packet and letter as signed by the Council and proceed with the Congregate Housing. b. Mayor Williams indicated that he would wait until the next meeting to appoint new members to the Planning & Zoning Commission. An application has been received from Art Gravely. Mayor Williams stated that it has been policy to rotate responsibilities on ad hoc position so that each gets exposure to several commissions and committees. "Mr. Walker, I would prefer you did not sit on the PNnning Commission strictly from the standpoint that I would like to get you familiar with other areas. Councilman Smalley and Councilwoman O'Reilly you can pick a new one, and any other Council member just let me know." C. There is a letter from AML concerning Board of Directors declaration of candidacy and legislative committees before the AML conference. We are doing very well in representation in AML. I testified before the Borough 1 Assembly last evening pointing out that no less than 12 members of Councils and Assemblies sat on legislative committees. The Board of Directors spoke of a broader representation since the Borough is concerned that the "Bush Caucus" has taken hold of the AML. If anyone has control of the AML it should be the Kenai Peninsula Borough. The 12 on the Board are more than any other area represented. Mayor Williams stated that he had considered running, however, that would take a commitment from the Council for funding. Councilwoman Monfor asked if he were still President of the Conference of Mayors. Mayor Williams answered that his term was up in November. Council agreed that Mayor Williama should run for the Board. d. Mayor Williams suggested a work session on the Capital Improvement Projects. e. Concerning travel - (I-1) you received a letter from Ashley Reed. The first meeting concerning dividing up the Railbelt Energy Fund is going to be the State Affairs Committee headed by Senator Pourchot, the second meeting is headed up by Senator Kerttula for the Budget and Audit Committee, and the third meeting is going to be the Railbelt Coalition. An additional Railbelt Senators meeting is also scheduled. It is a foregone conclusion that the $243 million is gone. f . We might also comment on the proposal by the Governor to lock up some I° unappropriated earnings of the permanent fund for that education endowment, it is the only way that I see that you're going to keep the legislature from spending that unappropriated earnings from that permanent fund. If it lays on the table where it can be gotten to it will be gone. KENAI CITY COUNCIL October 11, 1989 Page 10 2. City Manager None 3. City Attorne None 4. City Clerk The AML dates are November 13 - 17 and I will need to know who is going as soon as possible. Councilwoman Swarner: It was brought to my attention that there were several people that were normally judges that weren't used this time and you had mentioned at the last time you had a hard time getting judges. Why did you have such a hard time getting judges if people who had been judges were not being used. Clerk Ruotsala: I do not select the judges. The Borough does, they give me names and I take them before Council for approval. There were some difficulties because some of the judges that were selected worked part time for the City. Councilwoman Swarner: And it says they can't work part: time for the City. It doesn't say that in the code. Clerk Ruotsala: No, Administration and Council both agreed that that was the policy. Councilwoman Swarner: I don't remember ever saying that. Clerk Ruotsala: That was before your time. Councilwoman Swarner: Is there a way to get more people in this pool so we don't go through what we did last time, that is to approve someone on the morning of election. Clerk Ruotsala: The reason we called you that morning was because the judge that was selected became ill. I am always looking for judges. On the voter registration there is a space to fill out if you want to serve as a judge and very few people fill that out. We also call Juneau to see if they have any names. Councilwoman Swarner: So if someone called you and said they wanted to be a judge they would call you. Clerk Ruotsala: Yes, and I would send that on to the Borough. Councilman Measles: But that still would not prevent what happened this time when one of the approved judges became ill, you still have to replace that person by calling Council. 5. Finance Director a. The annual financial report is passed out. The audit on the grants will be in a separate report. b. You mentioned a letter I had written to the City Manager regarding whether or not to send out an RFP to select another auditor and it is time we do that. I'm suggesting you read this and we'll put it on the next agenda as well. KENAI CITY COUNCIL October 11, 1989 Page 11 c. Mayor Williams pointed out the recommendation by the Finance Director regarding Mikunda-Cottrell. Mayor Williams suggested that the Council could take note of the Finance Director's memo detailing the credits of the firm and take action this evening. NOTION: Councilman Smalley moved to retain the same accounting firm for auditing purposes as recommended by the Finance Director, seconded by Councilman Measles VOTE:. Motion passed by Unanimous Consent 6. Public Works a. PW Director Kornelis reminded the Council of the site visit to the Kenai River Boat Launch at 9:30 A.M. in the Chamber. b. The Airport Runway Runway/Taxiway Paving Project contractor decided to shut down for the season and not do the paving this year which meets our criteria. He will be starting up in the spring and then finishing by June 15th. C. The VIP Project is final and the inspection will tomorrow or Friday. d. Foster Bros. Construction began work on the float plane slips and they are going to complete that by Novmeber 1st of this year. e. The Toyon/Fathom project is ready for paving, although the paving crew has been in Seward so they plan on doing it this week. f. The final inspection for the Airport Terminal Renovation is going to be Monday. They claim they will be through and are working very hard. g. The crew started working on the Aspen project. We -are hoping to get that some time this week. We found quite a bit of clay and utilities. We're putting down typar now. h. East Aliak patch for the water line has been repaired and asphalted this week. i. Airport vehicle parking manhole was put in. Last winter a water line froze. The manhole was put in so we could thaw the line and the manhole needed to be paved. That has been done. 7. Airport Manaaer None J. DISCUSSION 1. Citizens None KENAI CITY COUNCIL October 11, 1989 Page 12 2. Council a. Councilman Smalley: I will have a couple of nominations at the next meeting, one for the Library Commission and one for the Parks & Recreatoin Commission. b. Councilman Smalley: I got a call from a citizen about the City park behind the National Guard Armory. It appears that on the lower section of the park, some heavy vehicles have been running through it and the thought was that the National Guard had been doing some maeuvers and brought vehicles up through there and tore it up. Assistant City Attorney Graves: I think they have been, I've seen them on the beach. Councilman Smalley: The City might take a look at that and see if the City could do some repairs. C. Councilman Smalley: The same individual suggested that perhaps they could stick up some pipes or ^ome iDon that futther trail because three wheelers and four wheelers are tearing it cap. The pipes may only slow them down but if there were something in the middle so they have to go around. That may not work, but its worth a try. City Manager Brighton will turn it over to the Parks & Recreation Director. d. Councilwoman O'Reilly: Do you remember when we decided to pay the RDC dues, did we ever find out the correct amount? Finance Director Brown contacted RDC and challenged the way they calculated it. What they did was lower the bill by about $300 or from $1900 to $1600. They also admitted in writing that the bill covered July 1, 1989 through June 30, 1990. e. Councilwoman Monfor: The Harborview has a new "For Sale" sign on it and it is still standing. The steel building is still standing and of course the old Kenai Corners building is still standing. This has been ongoing for so long can we have a report back at the next meeting. Assistant Attorney Graves summarized: The Harborview, we had trouble serving on some of the defendents, we're going to start serving by publication. It appears to be the only way we're going to get valid service. Chuck Maxim (sic) who's been my contact person with SCA has been gone on vacation. I've spoken with some other people and told them that the Council was getting upset with lack of action and he indicated he would check with the superior and get back which he hasn't done. I'll contact him tomorrow and let him know that the Council is upset about it. I can give another report at the next Council meeting on that. Mayor Williams: It is our intention to direct a letter to Washington DC to our legislative delegation asking them to ask the Small Business Administration to record back there as to why they are allowed to maintain a federal building that is a fire trap in the middle of our community and if Mr. Graves' contacts are not sufficient, I'll ask the Fire Marshall to do that. KENAI CITY COUNCIL October 11, 1989 Page 13 f. Councilwoman Monfor: I've had some complaints about the house on Iowa Street, the Shirnberg house, the derelict cars are still in front and now the neighbor kids have broken out all the windows that were left. One of the ladies that called me thought that it had gone to the IRS as a lein for back taxes. I told her that once again we would look into it. PW Director Kornelis: I know at one time Howard went out and at that time it was safe as it was all boarded up but now more windows are broken out. h. Councilwoman Monfor to PW Director Kornelis: Could you check into save prices on same new Council chairs. i.. Councilwoman Swarner: At budget time we put money in your budget (to chief Ross) for a youth officer, did you ever hire one? Chief Ross answered that we assigned a person, the new hire was not as a juvenile office, the juvenile officer has been working with KCHS. j. Mayor Williams asked new Council Member Walker if he would like a tour of City facilities and any other assistance he may need. K. ADJOURNMENT There being no further business, the meeting was adjourned at 8:30 P.M. Janet Ruotsala, CMC City Clerk Janet Loper Transcribing Secretary 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) 1. Bob Williams, Kenai Bicentennial Visitors & Convention Bureau - Arctic Winter Games Proposal 2. Larry Powers - Request for Appraisal Update on Tidelands 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 4. 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 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager J. DISCUSSION 1. Citizens 2. Council K. ADJOURNMENT KENAI CITY COUNCIL - REGULAR MEETING October 4, 1989 Kenai City Hall Mayor John J. Williams Presiding A. CALL TO ORDER 1.. Pledge of Allegiance 2. Roll Call Present: Mayor Williams, Measles, McComsey, Monfor, O'Reilly, Smalley, Swarner Absent: None 3. Agenda Approval a. Delete item B-2 b. Add item C-3 ' C. Add item D-4 d. Add item I-3 - Additional information e. Commission application from Christy B. Anderson for P&Z (no action) MOTION: Councilman McComsey moved approval of the amended agenda, seconded By Councilman Smalley VOTE: Motion passed by unanimous consent 4. Consent Agenda MOTION: Councilman McComsey moved approval of the Consent Agenda, seconded by Councilman Smalley Motion passed by unanimous consent 5. Executive Session Mayor Williams requested that the Council consider an executive session, information and details of the executive session, if revealed in general conversation with public may be detrimental to the good and welfare of the city, would request the session attended by outside counsel, Mr. Haggart, City Manager Brighton. After completing that portion of the executive session I would like to have you remain in session while we hear from in- house counsel Mr. Rogers. All these are legal matters if disclosed may affect the financial matters of the city. MOTION: Councilman Measles moved, at Mayor's request for an executive session for the reasons stated, seconded by Councilman McComsey KENAI CITY COUNCIL October 4, 1989 Page 2 VOTE: Motion passed unanimously EXECUTIVE SESSION COMMENCED AT 7:10 P.M. COUNCIL RECONVENED AT 8:00 P.M. Mayor Williams: "I would like to inform the general public that we have completed the executive session, there were three matters discussed, the following directives have been given: 1) The Council has directed our outside legal firm, Mr. Haggart to proceed with litigation against the Inlet Woods group ET AL in our foreclosure proceedings; 2) we have directed the City Attorney to proceed with the defense on behalf of the City and the Chief of Police in personnel matters now in litigation; 3) in the matter of the Burnett litigation, Council has directed the City Attorney to proceed with filings of the pleadings recently received. B. SCHEDULED PUBLIC COMMENT 1. Bob Williams, Kenai Bicentennial Visitors & Convention Bureau - Arctic Winter Games Proposal Bob Williams: I work for Chevron USA in North Kenai and I am President of the Bicentennial Visitors & Convention Bureau and I want to talk about the possibility of the Arctic Winter Games being held in the Kenai/Soldotna area in 1992. I would like to explain how I and the Bureau have become involved in this. Part of our mandate, we feel in use of the City funds in promoting the Bicentennial Celebration is twofold. One is to promote Kenai and the bicentennial throughout the state and secondly, to bring people and have a list of events that our local citizens and citizens of the state can enjoy. To that end we looked at several opportunities for both promotion and for bringing people into the area, the Arctic Winter Games is one. I would like to announce that the Bureau, along with the Kenai and Soldotna Chambers of Commerce were successful in having the Kenai/Soldotna area selected as the 1991 sight for the Alaska State Chamber of Commerce Convention which is the annual convention held in October every year. It brings about 400 people to the area. We only have to work out a budget with them and a final plan to have our bid accepted. We competed against Juneau and beat them by a 2 to 1 vote. In speaking with the Juneau folks, I learned that they were quite upset, not having legislators in October and no more summer tourist groups, they look forward to these kinds of activities as an economic booster. That booster will be coming to our area instead. KENAI CITY COUNCIL October 4, 1989 Page 3 More importantly it will mean that over the next two years, because we will be going to every Chamber over the state of Alaska, we'll be promoting the Kenai Bicentennial as part of the State Chamber convention in 1991. We think its a real coup. We will have more on this for you in the future. This was all due to the efforts of some people from Kenai and Soldotna wearing red underwear and big fish heads, that we were able to put on the appropriate bid and you will probably see more of those red underweared "Fish Heads" in the future. The expression, "Kenai Reds" is becoming well known throughout the state and may very well develop as another theme of our Bicentennial. In the area of looking for more promotion, we explored the idea of putting 'l.rc ` in the bid for th�A_c_C_1Dffinter Games as where you bring in about 1,000 athletes who participate in a number of events throughout a week-long period. Of course there are parents and visitors that come along with that. I regret to tell you that I have not been able to get enough budget information to feel comfortable to recommend that we move forward with this project. We have been working with the CIty of Fairbanks and their Visitor and Convention Bureau which has hosted it the last two times it has been held in Alaska. The first time the legislature made a grant of $750,000. The last time it was held it was a $500,000 grant and the thing that we tried and have yet to figure out is who made up the $250,000 difference, if in fact, the event is posted for $750,000. Our estimate is its $1 million dollar event and before we felt comfortable with going to the cities and chambers with taking on an event of this size, we wanted to be able to define exactly what that budget will be. We've not done that to date so I'm not in a position to recommend that this would be something we would come to the city for funding for as yet. It is this kind of event that the City might begin to look to the future for because this represents an influx of dollars. The state is going to hold this event somewhere. Further it represents our area to other parts of Alaska and other parts of the northern hemisphere, in this case, Siberia, Greenland, and several provinces in Canada as a destination in the off-season. I think that is of tremendous value in terms of promoting our additional attraction outside of those days when our hotels and restaurants are full. This is one of the goals of the Bureau. As soon as I get more information on the budget I will be getting back to you. City Manager Brighton: Is the Bureau actively pursuing the Pioneers convention in 1990? Mr. Williams: Let me clarify our charge because I think there is some confusion. Our first and foremost activity is to promote the Bicentennial, plan the events, and have that come off as a successful celebration for the people of this area and hopefully have something lasting for the City of Kenai. Secondarily to that we are looking for opportunities to promote that Bicentennial even to Alaskans where ever they are, whatever association. One of the best ways to do that is to bring in small groups that are going to be getting a sample of the area so that we can form an alliance with them. The Pioneers of Alaska and other groups will decide KENAI CITY COUNCIL October 4, 1989 Page 4 on their own that perhaps Kenai is a good place to hold a convention with some help from us. More importantly, once they have decided that Kenai is a good place to hold the convention, then our agency proposes to help them in every way to make that a successful event so people have this good feeling about the Kenai area, go home to their cities remembering that Kenai is a good place to visit and that the bicentennial is coming and this should be a destination for them in 1991. City Manager Brighton: So the Pioneers do fit that criteria. Answer yes. Mayor Williams: Its our understanding that they have chosen the Kenai area for their convention and I think what we want to hear is that yes, the Bureau is offering themselves to them. Mr. Williams: Keep in mind that because of our limited staffing, our main objective still remains the Bicentennial Celebration and we will not sacrifice any quality in that area. Our ability to help these organizations will be through helping them get organized. We certainly will not be able to offset their printing and other things that many of these groups come to us and want us to do. Councilman Measles: Wasn't there a proposal in the Arctic Winter Games, a fairly good budget number? Answer yes. We had a budget of $1 million. We were using Fairbanks' experience. 1986 is when the state budget was trying to wind down. Again, that is when the budget was reduced to $500,000. If we got $500,000 from the state, with the three full time staff people and the money we would have to expend because we would be required to provide housing, meals, and transportation for the athletes, it adds up to more than we could come up with. C. PUBLIC HEARINGS I. Ordinance 1333-89: Amending Zoning Map - Govt. Lot 44, Sec. 34 - Macuu i re MOTION: Councilman Measles moved adoption of Ordinance 1333-89, seconded by Councilwoman Monfor Mayor Williams asked Council to note Substitute C-la. Councilman Measles asked for an explanation in-house of the two ordinances in order for the public to know. Councilman Smalley: I missed the last meeting in which this was heard. Mayor Williams called for Mr. Kevin Walker from the Planning & Zoning Commission. Mr. Walker: (Referring to the plat accompanying the Ordinance.) At the last meeting, we had agreed to recommend this to Council and suggested the addition of an easement per the staff recommendations. KENAI CITY COUNCIL October 4, 1989 Page 5 City Attorney Rogers: One other thing, 1-a requires the filing of a plat, which was not available initially and Council felt that they should condition the ordinance on the filing of such plat. You will notice that that is the last language in the enacting section 1 of C-la of Ordinance 1333-89. Mayor Williams: I suggest we pull back just a moment and introduce C-la instead of C-1 as the proper substitute. Mayor Williams called for public comments, there were none. !MOTION: Councilman Measles moved to amend Ordinance 1333-89 by substitution in total for Ordinance 1333-89 item C-la in the packet, seconded by Councilwoman Monfor. VOTE: Unanimous Consent Councilman Smalley: At the meeting I attended, some of the discussion that came up on this proposal was the fact that it was felt by some of the Commissioners that it is a spot zoning situation. Yes, there were other commercial entities in that given area, but the concern was that Swires Road was a nice dividing line between commercial and residential area. There was concern expressed over the road width and turnoff going into the proposed development potentially causing problems during the day when school buses would be turning, stopping, and traffic backing up. The Comprehensive Plan that they are going through does reflect that the zoning along the Spur Highway in that area probably should go all commercial. Mayor Williams asked Councilman Smalley to repeat the statement. I believe that the Comprehensive Plan we have reflects that in the future consideration should be given to making changes. The problems that I have with it at this point is that it is spot zoning. I don't think that's necessarily in the best interest and best plan in planning for the city. Mayor Williams: The Planning Commission appears to have struggled long and hard with this issue if you note the minutes of July 22, 1989. In voting on the amendment that was offered, the amendment failed on a tie vote. In the vote of the main motion the motion failed on a vote of 4 to 2. We then proceed on to the minutes of September 27, 1989 and note that the vote on the motion passed unanimously, however, there were only four Commissioners present. My question of one of the Commissioners is whether or not the Commission felt comfortable with what had occurred. Councilman Smalley: When it: came back to them, the question came up as to why this was being sent back and I explained that it was because of the plat. I mentioned that there was no discussion at this level. KENAI CITY COUNCIL October 4, 1989 Page 6 VOTE: Councilwoman Swarner: I also agree that it is spot zoning and I talked to several residents in this area and the principal of the school there and they are all opposed to the zoning change. Councilman McComsey: Has this plat been to the Borough? Answer yes. I wanted to see if there was a water easement and the entrance to this lot. Councilman Smalley: I believe the water easement is off Swires. Mayor Williams: Council has no doubt noted that there are three letters from surrounding property owners opposing the rezoning of that area. Mayor Williams asked if any of the letters of protest had been withdrawn, answer from Councilman Smalley, to my knowledge, none were. Councilwoman O'Reilly: I think in view of the objections of a large significant number of neighbors with houses in that vicinity, and the fact that it is spot or strip zoning, I don't have any strong objections to that particular business that is proposdd, but the idea of changing the zoning and what could follow, especially being in close proximity of the school, I'm going to vote against it. Motion fails unanimously by roll call vote 2. Ordinance 1341-89: Increase Rev/Appns - Travel - Senior Citizen Center Representative - $1,102 MOTION: Councilwoman Monfor moved adoption of Ordinance 1341-89, seconded by Councilman Smalley VOTE: Mayor Williams called for comments from the public, there were none. Motion passed unanimously by roll call vote 3. Resolution 89-71: Award Airport Restaurant & Bar Lease - Schilling MOTION: Councilwoman Monfor moved for approval of Resolution 89-71, seconded by Councilman Smalley Mayor Williams called for comments from the public. Mayor Williams called attention to the additions to this item, material from the King Oscar Motel and Mr. D's Restaurant. Glen Dobbe: I am half owner of King Oscar's. We were thinking about giving a bid proposal for the facilities at a previous time, but due to lack of interest ... We went out and looked at the facilities last week and we read the article on Mr. Schilling's proposal on the facilities and discussed what we could bid and still make a profit. We came down Friday with a proposal that is slightly more than his offer and we feel that it would be a good deal for the public and the airport people. KENAI CITY COUNCIL October 4, 1989 Page 7 The only problem that we could see is if an individual took on the facilities to make their main living it might be rather rough. However, if a business that was already in the community and had a good income and add a facility ... Since it was, seemed to us to be an open bid rather than a closed bid, we acted like it was a closed bid and we just offered What. we felt was what we could offer and make a profit on it and make the facility a success. our only good advantage is, King Oscar's does do lot of food, alcohol and beverages business and as deliveries are made they are paid as they leave. We owe no bills to any vendors in the area. City Attorney Rogers: Councilwoman Swarner is going to make some amendments to this. For the council's edification what we're into now are proposals, one of which you received through Mr. Schilling at your last meeting, the other which you've just received, an oral presentation plus some written material. It is not a bid situation as such. Price may very well be a consideration for you. Your knowledge of the individuals and their enterprises, as submitted to you in verbal presentations, of course is for your consideration as well as any personal knowledge you have of the relative enterprises. In view of the fact that we have a proposed draft lease that was included in your packet, I can only presuppose that the second proposal made here today by King Oscar's also inferentially wants to be accepted that lease although they never have addressed that. Mr. Schilling has, that the modifications that he addressed have already been incorporated into that document. I believe Councilwoman Swarner, who I have spoken to prior to this meeting is going to ask to amend portions of the resolution so that it speaks to that document as opposed to the proposal made by the Schillings so that the actual document can be the document Council is approving. The proposal made didn't include the boiler plate document portion, of the lease. This way you are approving the lease form as modified in the suggestions by Mr. Schilling. The documents were made available to Mr. Schilling almost immediately after the last meeting so he may want to address portions of that. Councilwoman Swarner: After., on the third line, after Louis and Theresa Schilling, as, instead of .... and then deleting the rest and instead saying "as set forth in the attached draft leases", that's in the first paragraph. And then in the fourth paragraph in the second line strike "Septend)er 20th, 1989 proposal", instead say "leases would be ... leases which would be in the best interest of the city", which should be in that last .... Mayor Williams asked Councilwoman Swarner to repeat the amendments. Councilwoman Swarner: Okay, the third paragraph should read, "Whereas, the Council of the City of Kenai has determined that Louis and Theresa Schilling's leases which would be in the best interest of the city". And then in the following paragraph, the second to the last line, delete the words "their proposal dated September 20, 198911, so it should read, KENAI CITY COUNCIL October 4, 1989 Page 8 "Theresa Schilling as described in the attached draft lease proposal". I'm sorry that should probably say leases proposal. City Attorney Rogers: "Draft lease proposals". Mayor Williams: The effect of all of these amendments then is to refer to the draft lease proposals rather than the dates as indicated in the resolution. MOTION AMENDMENT: Councilwoman Swarner moved that the third paragraph should read, "Whereas, the Council of the City of Kenai has determined that Louis and Theresa Schilling's leases which would be in the best interest of the city". And then in the following paragraph, the second to the last line, delete the words "their proposal dated September 20, 198911, so it should read, "Theresa Schilling as described in the attached draft lease proposals", seconded by Councilman McComsey. VOTE: City Attorney Rogers: If I might, that also makes it generic so the Council can award to either one of the individuals under this resolution. Motion passed with Unanimous Consent Mayor Williams: Incidently, as the It torney indicates, this could be generic and that the names Louis and Theresa Schilling could be struck. City Attorney Rogers: If you decide to go with the second proposal I may need to work on this. Because this presentation came up rather suddenly. Councilwoman Monfor: "I'm going to be up front. I'm planning on supporting the Schilling proposal. For months we've had bid opportunities out there and nobody took them and this isn't a slam on King Oscar's but, it was a very last minute thing and I'm sorry but I don't know you and the Schillings have been in the area for a long time and I think that they're going to give the City something that we're looking for in the way that they run the establishment and I'm basing a lot on the way I'm voting on that. They're going to run it the way that I would like to see it run. At least I anticipate that they are. So what I'm looking at is how Schilling would run the bar and restaurant. The only thing that I would like to see and I don't know if its possible, if it could also be four makers. And I don't know the reason for the May first ... " Gary Jenson: I work for Mr. Schilling. It was our intent to open the bar before May first and after further discussion we've also decided that probably the restaurant before that time. Councilwoman Monfor: And I'm sure a lot of it depends on what our construction time will be for finishing ... when? City Attorney Rogers: I don't think there's any problem ... in opening sooner situation, these are outside dates. And I'm sure we'll work with them, to get in sooner if that's their desire or if that's possible. KENAI CITY COUNCIL October 4, 1989 Page 9 VOTE: Councilman McComsey: Do the dollar figures have to be introduced into the ordinance too. City Attorney Rogers: You're incorporating the draft lease and that has all the dollar amounts in it. Councilman Measles: "The only comment I have, to reiterate Councilwoman Monfor's statement, I would like to see those facilities open as soon as possible as those facilities have been closed down too long already." Mayor Williams: "What you have before you is an introduced resolution regarding leases to be awarded to Mr. & Mrs. Schilling and an additional proposal having been presented by Mr. D's, if you're ready for the vote, the vote would be to .... " City Attorney Rogers: By passing the resolution you will be making the award to Mr. Schilling. a Motion passes Smalley - yes Swarner - yes Williams - no McComsey - yes Measles - yes Monfor - yes O'Reilly - yes COUNCIL RECESS D. COMMISSION/COMMITTEE REPORTS 1. Council on Aging Councilwoman Swarner passed out a brochure from United Way and a copy of a slide of the Kenai Senior Services on the cover. The next meeting will be in approximately 2 weeks. 2. Airport Commission Councilwoman O'Reilly reported that the last meeting was September 28th. At that meeting the Commission accepted the resignation of Chairman Tom Irwin and requested that he be kept on the Commission as an Ad Hoc member. Mayor Williams explained the reasons for Mr. Irwin's decision, that being his involvement with the Air Guard. Council agreed to assigning Mr. Irwin to the Ad Hoc status. 3. Economic Development Commission Mayor Williams reported that the last meeting was September 21st. Mr. Barry Thomson is the new chairman. The next meeting will be October 12th. KENAI CITY COUNCIL October 4, 1989 Page 10 a. Chairman Barry Eldridge reported that the last meeting was September 25th and they did have a quorum. Thanks to the Borough there is now a map for the buoys in the Kenai River and there is an ongoing need to review these permits. b. The Commission began work on a five year plan and they are in the minutes for your information. C. The Harbor Commission agreed to meet on a quarterly basis with the Economic Development Commission, Chairman Eldridge will be the representative. d. The next meeting of the Commission will be October 23rd. 5. Library Councilwoman Monfor reported that there was not a quorum at the last meeting, however, the current goals and objectives are in the packet for review. 6. Recreation Commission a. Councilman Smalley asked about the gate at Oiler Park. Director McGillivray answered, there is a meeting in two weeks to discuss it. A letter has been sent that it was approved. Councilman Smalley stated that it continues to be a "hot spot" to meet before and after school. There have been a couple of calls to the school and the police were called. b. There will be a meeting tomorrow at 5:30 P.M. with a representative from Triple Crown Sports. They are trying to set up a series of softball tournaments in the state. At this point they have 23 states that conducted tournaments with top teams from those states going to the national tournament in Steamboat Springs Colorado. This gentleman is here to promote the tournament. They want to have one in Fairbanks, Anchorage, and Kenai. They are talking about 40+ teams and has potential for more. The city's obligation is for providing the fields and maintenance which we do anyway. There would be a $2500 up -front fee and the meeting will be to discuss this fee also. City Manager Brighton: Where are those 40+ teams from? Director McGillivray answered that they are all Alaska teams. None are from outside. Then those teams from each state will go to national tournament. The teams that qualify to go get free lodging and in some cases, transportation. Our teams probably would not receive travels funds but they would get the free lodging which is good when you're looking at four or five days. Added Item D-2 a. Mayor Williams asked to back up to the Airport Commission report to ask Manager Ernst about the reference on page 6 of the minutes of the "LeConte" at the airport. Manager Ernst answered that the reference was KENAI CITY COUNCIL October 4, 1989 Page 11 to the "Connie", i.e. the old Constellation that was parked at the airport for several years. b. Councilman McComsey asked the status of Ordinance 89 which was submitted regarding the name change of the Commission. Mayor Williams answered that it is up for introduction this evening. 7. Planning and Zoning Councilman Smalley stated that the minutes are in the packet and the Comprehensive Plan has been divided into teams for further review and drafting. The Chairman, Pat Nault has indicated that she will be leaving the area by December, and of course, Mr. Walker will be leaving also. 8. Misc. Commissions/Committees . None E. MINUTES 1. Regular Meeting of September 20, 1989 Approved by Consent Agenda F. CORRESPONDENCE 6. Railbelt Coalition Meeting Mayor Williams reported that these meetings have been held on a regular basis. What Mayor Jones is looking for is getting something together to go before the legislature this year. It is probable that the Railbelt Energy Fund is going to be broken up and that is the number one item for discussion. We need to come up with what we would like to see happen and have it prepared for the meeting in Juneau in November. City Manager Brighton asked what the Coalition is. Mayor Williams answered that it includes all Boroughs and communities who are touched by the rail. The rail runs through the Kenai Peninsula and the City of Kenai was included as part of the route. City Manager Brighton asked who represents the City of Kenai. Mayor Williams answered that there is no official representative and it falls pretty much to the Borough Mayor. City Manager Brighton: If you want $6 million for congregate housing, this is the only place you may be able to find it and you should have someone at this meeting. Councilwoman Swarner suggested the Mayor be representative. City Manager Brighton: If you think Fairbanks and Mat -Su won't try for all that money you will be wrong. Councilwoman O'Reilly: I agree, shouldn't we have a representative there? The Council agreed. Councilman McComsey: The letter says to bring ordinances, we should put that in the KENAI CITY COUNCIL October 4, 1989 Page 12 form of a resolution. Mayor Williams: I think what I need if I go to that meeting, is a resolution from this Council advising that Railbelt Coalition that the City of Kenai wishes to participate in the amount of not less than $6 million from that fund for congregate housing. We need some other kinds of information or letters backing up our position plus something that very strongly indicates to them that we desire a share in whatever is done with the fund. City Manager Brighton: We haven't been represented very well by the Kenai Peninsula Borough and if we don't take care of ourselves we aren't going to have anybody to blame but ourselves. Councilwoman Swarner: We could pass an ordinance at the next meeting. Perhaps both of you could go. Councilman Smalley: Perhaps you could take a second resolution suggesting that at least the City of Kenai would like, in addition to the congregate housing, take a look of the money that comes out of that fund on a per capita basis. Mayor Williams and City Manager Brighton will draft an appropriate ordinance for the next Meeting. G. OLD BUSINESS 1. Kenai River Public Boat Launch At Council's request, the City Engineer prepared documents categorizing events leading up to this point. There has been a meeting set for October 12th at 9:30 A.M. and Council is invited. It is a sight visit and then review of the maps. Director Kornelis handed out additional material and photos. Council was asked to keep in mind that this is not a set location, merely the best location identified thus far. There are several problems that need to be resolved including Corps permits, however, they have been identified and can be overcome. Mayor Williams asked Council to note the photos of the Cone property and to keep in mind that it has not been determined how much of the property will be involved in the project, however, it would probably be most of Tract A-1B excluding those subdivided lots. The project would include a double boat ramp, 2 1/2 acres for parking, and access. A letter indicates Mr. Cone would be willing to donate half the gravel to build the road. The property is relatively inexpensive compared to some of the other river front properties. Several agencies have already indicated that a boat ramp of this type is desireable and this location is agreeable at this point. The process will be the determining factor. We still need to look into our ordinances governing RV parks, the bicentennial, and money to build such a park. From a tourist standpoint, one of our greatest assets is the Kenai River and access to that river is important. I estimate, from our figures and Mr. Cone's indication of value of that property, the project will exceed $400,000. It would appear that we may be able to get a grant of $200,000. The main question before the Council is going to be, are we willing to put forth the remaining $200,000 for the development of that project. I put together a small economic model that indicates the roll over in sales tax benefits for the City would probably return us $150,000 in about 3 to KENAI CITY COUNCIL October 4, 1989 Page 13 4 years. Mr. Cone has agreed to take the money over a period of time. We indicated at our last meeting that we move ahead with our site selection committee meeting and I would like comments from Council. Councilman McComsey: Can we buy the property. Mayor Williams: We've been reluctant to begin hard negotiations because the purchase of the property has to be tied directly to the permitting process. We cannot obligate ourselves to purchasing and he understands this. Councilman Smalley: I believe that you are not going to find property any cheaper. It is unfortunate that it is still going to be affected by the tide, but adjustments can be made. I think it's something we should seriously consider. City Manager Brighton: This is what you will be discussing October 12th. I would urge Council members to be there. Councilman McComsey: Is there a way to tie that property up pending the money coming through. He should have some sort of ... Mayor Williams: When we finally decide that we are going to do this project we'll have to call Mr. Cone in to negotiate an agreement that ties the land up until such time as the permits are issued and we can make the payments, with the caveat that if the permits are not issued we are not obligated to buy the land. Councilman Measles: Has the site visit been timed so that we will be looking at it at low tide? Director Kornelis: It will be a .6 tide. The only lower tide would have been at midnight. You can walk to the site with no problem, there is a trail through there. Councilwoman Swarner: I'm not sure I can make that meeting. Mayor Williams: I would ask Chairman Eldridge of the Harbor Commission, Mr. Walker, and Director McGillivray to be there. H. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified LOTION: Councilwoman Monfor moved to pay the bills over $1,000, seconded by Councilman Smalley Notion passed with Unanimous Consent 2. Requisitions Exceeding $1,000 MOTION: Councilman Measles moved for approval, seconded by Councilman Smalley VOTE: Motion passed with Unanimous Consent KENAI CITY COUNCIL October 4, 1989 Page 14 3. Ordinance 1342-89: Amending KMC Title 19 - Recreation Commission to Parks & Recreation Commission Consent Agenda Item 4. Games of Chance & Skill - Kenaitze Indian Tribe. IRA Consent Agenda Item Mayor Williams: We are passing all applications for Games of Chance and Skill. From the tremendous amount of labor that the state is going to involve themselves in, I take the position that we should stay away from this issue until something is decided. City Manager Brighton: In relationship to that, if you haven't read the information about Games of Chance you should. The Borough's rules are going to be more stringent than the'State's are going to be. The Borough is going to prohibit any operators from operating unless they are members of the organization itself. Which means there will be no more pull tabs in the grocery stores or bars. The Borough is also wrestling with the question of charging a sales tax on purchase of the pull tabs which is important because that is a substantial amount of money. You will need to stay in touch with the situation. Mayor Williams: If you would note page 2 of Info 12, the second paragraph details information concerning pull tab operations in bars on the Peninsula. We cannot involve ourselves in any kind of policing matters in this respect until the state moves ahead. I. ADMINISTRATION REPORTS 1. Mayor a) Regarding the caravans on FAA lands. We have discussed this before, however, no policy has ever been set on a permanent basis. We need to look at that from the standpoint that the bicentennial is hoping to utilize that parcel on a permanent basis. Can we work with the Chamber of Commerce to see that all major caravan groups locate to the FAA grounds. How does Council feel about it and how does FAA feel about it. City Manager Brighton: What's happened in the past, if there were special circumstances that precluded the caravan from being located at the Chamber building we had gone ahead and located them on the FAA grounds. Until such time as the FAA wants to become involved, we probably ought to leave that alone. Mayor Williams: Can we develop a policy of sort, make that a permanent application? City Manager Brighton: I think that the more room to maneuver, the better off you are. If you lock yourselves in to certain places then you may preclude some activity from taking place. The way we've approached it at this point, is our water & sewer crews who really KENAI CITY COUNCIL October 4, 1989 Page 15 take care of these caravans, see to it they get water at whatever location. And I think you should leave it like it is and when the time comes that we can no longer be at the Chamber cabin or some other reason, we just move then over to the FAA. Mayor Williams: Then I can tell the Chamber that when they have problems with the caravans to feel free to contact City Hall and get permission and park the caravans over there. City Manager Brighton: Correct, and that is not something new. Mayor Williams: It seems that it is not understood clearly. b) Regarding the Helicopter Cold Water Recovery School, it is still in the preconference committee, it has been passed by the Senate. In speaking with the University Director, I indicated I would be meeting with him with a full packet of information. As you recall we did pass a resolution setting aside the ground. In the engineering of the facility, it may require some other things that the City can do to help out. The facility is being funded at $3.6 million which is less than the $5 million we hoped for. It may require the City furnishing some of the sand which we have stockpiled from the float plane facility for building up the foundation, building the road, and perhaps there may be a couple of other things. I may need some latitude in negotiating with the University on some of those things. I have suggested some space added to move the entire director's office from Soldotna to that facility. In order to complete that idea I may have to offer something else. Does Council see a problem with that. Councilman Smalley: Do the directors of Public Works or Airport see a problem? Mayor Williams: In discussions with the Finance Director and Director Kornelis, it is an airport related activity being built with federal funds. City Manager Brighton: You are home free with the federal agency, but you are not with the State agency or the University that are going to oversee it. We might be put in a position of having to subsidize a grant for that building. We don't have to pay anything if it is another federal agency that is utilizing that real estate. Anyone else, we might have problems. Mayor Williams: There may :be something similar to what we do with the Chamber such as subsidizing the rent of the land. I don't expect us to enter into a lease agreement similar to that of the FAA where we wind up maintaining the building. Councilwoman Swarner: What was the intended use of the sand that was stockpiled at the float plane basin. Director Kornelis: There was no particular use for it. It was just excess sand that we stockpiled. Councilwoman Swarner: Were you planning on using it on ice. Mayor Williams answered that there is $155,000 worth there. Manager Ernst: You are saying that there isn't going to be a problem with federal agencies building the federal project of this sort, but it is going to take FAA approval to put that on site. City Manager Brighton: To qualify my statement was that there wouldn't be any problem on the basis of who pays. It will not require paving. KENAI CITY COUNCIL October 4, 1989 Page 16 Manager Ernst: I'm not sure how the FAA will look on the sand. If it is a project that they approve and it is a federal project they may well ask that we use the sand for the base. I don't know that, however, in the past if we used it off -site we would have to pay for it. Mayor Williams: In talking with the Finance Director and the Public Works Director, I indicated that after I meet with Dr. Oramus I'll have a better idea of what we'll have to do. Then we will need to write a letter detailing all of these things out for the FAA. Manager Ernst: And it will have to be consistent with the Airport Master Plan or an approved deviation. Councilman McComsey: How far do water & sewer go, to the end of the road? Manager Ernst agreed. Mayor Williams: I think a potable well should be more than sufficient to handle that facility. They will need their own large well. Councilman Measles: Is the sewer getting awfully shallow at that point. City Manager Brighton: If we go in with sewer you're going to have to put in another lift station. Director Kornelis: We have a lift station out by the tower. Councilman Measles: Is that set deep enough that it could be extended out and still serve it. Director Kornelis: I doubt it because the water table is real high there. Mayor Williams: There are a couple of engineering concerns, one is to get the pool out of the ground and the other one is a mounted septic type system, and third, the capability of dumping a million gallons of water into what turns into Ryan's Creek which will help to flush it. Councilman McComsey: Could you dump that water into the creek if it's chlorinated. They will probably make you run it through the system. c) Mayor Williams will be traveling to the Alaska Conference of Mayors October 5th. He will be meeting with Ashley Reed in the morning. The Mayors meeting will be regarding the release of the $600,000 for the socio- economic study. It is CNRA money and it regards the economic impact study of communities affected by the oil spill. d) Regarding the resolution for the pass -through money, the Kodiak Island Borough has accepted that responsibility. e) Student representatives for commissions and committees; I assigned a subcommittee to handle that. Councilman Smalley reported that he had spoken with department heads and social studies teachers and they felt that students should be encouraged to come to meetings, pick up the packets, stay for a certain amount of time to get the idea of how city government works instead of sending a specific student representative. The reason is, the more students that have the opportunity to come the better it will be. Councilwoman Swarner and Councilman Smalley are the committee and will continue to work with the two commissions. KENAI CITY COUNCIL October 4, 1989 Page 17 f) Several persons visited with the Governor and there was an indication from him that he would appreciate as much support as possible for his Education Endowment Fund. How do you feel about preparing a resolution along those lines. Council agreed. Administration to work with mayor Williams in drafting the resolution in support of the Governors Constitutional Amendment Gating an Educational Ott Ftnd. City Manager Brighton: How much money and what is the end result. Mayor Williams answered, eventually around $16 billion. Councilwoman Monfor: There is a pamphlet for more information. g) This Education Endowment Fund and the hoped for Constitutional Amendment has passed the House on a vote of 31 - 8 and requires a 2/3 vote of the House. It goes to the Senate and work should be done this spring. h) Regarding landfill. In discussions with Borough representatives it was suggested that the City produce a resolution requesting the Kenai Peninsula Borough furnish us with a landfill of our own. Leading to perhaps leasing sitings for containers and locating a transfer site. We are not going to get a transfer site unless we take some positive steps and it seems to me we need to develop a resolution voicing our opinion directly to the entire Assembly. City Manager Brighton: We're in a real box. The Council hammered for three or four years to close this landfill, they got an extension on that landfill and we objected to the extension after they had gotten it. I've had some conversation with the Borough Mayor and he doesn't care whether we retain this one over here or not, because it would be like starting out new. He has to get a brand new permit and he has to line this one out here as he will have to line any new one. However, as soon as we say we want them to furnish us some way to dispose of our waste, then the Assembly is going to come back to us and say the reason they're closing it down because we have leaned on them for four years to close that down. We are not in a very good negotiating position to take that approach. Mayor Williams: However, in our agreement in our letter that was developed with them, there was to be a transfer site. City Manager Brighton: There was no agreement for a transfer site. There was an allusion to the possibility of a transfer site. That's a lot different than a pre- arranged agreement. City Clerk to provide the letter for further discussion. i) I have another grant application from the Land and Water Resource Commission. If you recall the 50/50 grant we helped the Chamber develop of which we have not yet gotten the survey out. Director Kornelis: We are still working on it. Mayor Williams: The question is whether or not we want to take advantage of the L&WR grant program. The application and letter of intent must be in by October 18th. One area that I might suggest; we were looking at some kind of grant to put a viewing platform out on the bluff overlooking the mouth of the river. I would like direction from Council. KENAI CITY COUNCIL October 4, 1989 Page 18 Councilwoman Monfor: Just by entering into, we don't even know if we'll get it. Mayor Williams: No, you take your application in and they take it before the Committee and we compete against the entire state. We did get a $90,000 grant last time for the Chamber boardwalk. Councilwoman Monfor: I think we should at least try for it. Is there any reason why we shouldn't. Except the fact that if we get it we have to put some money in. Mayor Williams: We would have to put up $90,000. City Manager Brighton: If you're talking about a viewing stand you have to identify the location of the site, and if you are not the owner of the site, then you have to prove ownership of the site .. it's not so simple as asking for $100,000. They want to know what the project is, if you own the real estate, and who the benefactors are going to be. We don't have any real estate at the mouth of the river where we could build a viewing stand that would be advantageous to people who want to watch the belugas come up the river. Mayor Williams: How did we wind up with the set of drawings for the viewing station that we got $90,000 for last year. Councilwoman Monfor: We determined that from the study we had done a number of years ago when the landscaping architect came up and developed the Old Towne plan. Mayor Williams: Was there any consideration given to land ownership. Councilwoman Monfor: Of course not, we weren't worried about that. Mayor Williams: Councilwoman Swarner, will you look into the donation of land in that area. Councilwoman Swarner: My name, I don't believe is on that list. If you would like to contact the parties involved, go for it. Councilwoman Monfor: We've got land. The Daubenspeck land. We can rethink our lookout spot. Over near the Senior Center. Mayor Williams: All right, we do have a location. Mayor Williams asked Director Kornelis to get together a letter of intent by October 18th. j) My final request is to consider some work sessions to finalize the Capital Improvements List and to plot the direction for the future including everything within the city. Councilwoman Monfor: We do need to talk about this list. I would like to see us wait, this year, just until after the October forecast comes out. Then we don't have to redo it. Mayor Williams: The Governor indicated he would have a handle on the money about the middle of October. If I read between the lines he suggests that we be in touch with our legislative friends and him as close to that forecast as possible. Councilwoman Monfor: I will not be available from October 17th to October 30th. Mayor Williams: As soon as we find out what the forecast is going to be, would Council have any objection to me or the Clerk getting on the phone and calling a meeting? Council agreed. KENAI CITY COUNCIL October 4, 1989 Page 19 2. City Manager None 3. City Attorney None 4. City Clerk None 5. Finance Director The budget is in the packet. 6. Public Works , a) Lawton Drive is paved. VIP is paved, and they've started the curb on Fathom and Toyon. We are having some problems with scheduling on the Airport jobs. The gym floor should be completed soon, the racquetball court floors are completed. We have started on the sewer treatment plant sludge pumping station, we poured the foundation today. Two DEC grant applications are in which are for Thompson Park and sewer treatment plant. 7. Airport Manager None J. DISCUSSION 1. Citizens None 2. Council a) Councilwoman Swarner: Today I passed out some information regrading evaluations for city attorney and city manager for the Juneau Borough. I received them the other day. I would like to see something scheduled for evaluations soon. b) Councilman McComsey: I received word today from Coastal Zone Management that the application for the fire ground is complete. They have a few exceptions for the university which I think are acceptable. They are faxing them down to me tomorrow and I will pass it along to Representative Navarre. All the other organizations should probably go along with CZM. It has been a good three years. c) Councilman Smalley: This problem has been brought up before, but wouldn't it be nice to bring the rail from Moose Pass to Kenai, make a loop KENAI CITY COUNCIL October 4, 1989 Page 20 and open up our port, increase our tourism, and it would only run 52 miles of rail. It has some pretty nice possibilities. Mayor Williams will write Frank Turpin a letter regarding the matter. d) Councilman Smalley: The dirt has been removed from the high school. K. ADJOURNMENT There being no further business, the meeting was adjourned at 10:10 P.M. Janet Ruotsala, CMC City Clerk Janet Loper Transcribing Secretary /1-/-- �9 COUNCIL MEETING OF 794D - COUNCIL MEETING OF ;�--� ��• 7B -1 e"14�-Zof +eor a,ea-aaaa October 19, 1989 Mr. Jessie Wade c/o trade Oil Field Services HC O1 Box 335 Kenai, Alaska 99611 Re: Tract A. Gusty Subdivision No'. 2 Dear Mr. Wade: My client, Jim Bookey, has leased from the City Tract C Gusty Subdivision No. 2, which is the tract of land directly across the dedicated road that fronts the building that you own where Napa Auto Parts is located. Recently my client had Tract C surveyed and I have enclosed a copy of the survey, showing Tract C as well Tract.A and the dedicated road. What is most important is that we find that the road from the Spur road to dedicated highway, as shown on the Plat, crosses over the North West Corner of Tract C., approximately in the location where I have indicated by dotted -lines. Also, it was found that parts of the parking lot to the South East of Tract A also encroach on Tract C as well as on the dedicated rights -of -way. My client has indicated that he will be starting ground preparation next week, or the following week, which would include the removal of any Portion of the access drive and parking lot that encroaches on Tract C. He felt that you should be put on notice in sufficient time to reroute the entrance from the Spur Highway to the dedicated right-of-way as indicated on the Plat. If you will note there are two survey stakes on the North West Corner of Tract C, and if you will look along the old gravel road, that was there previously, you will find two nails with flagging on them that indicates the center line of the dedicated road, and the South East Corner of Tract 8, formerly Government Lot 30. I sincerely hope that you will be able to relocate your driveway before my client begins his site preparation for the coming years construction. Sincerely, Edward L. Garnett ELG:elg encl. 'T LOT, If ` TRACT 8 74.070 aG %% 4OV T LOT 30 ` Y IR = yw an le' MR ld C�• �• q p J'+b• �Av.;,gA J#i1�4iV; S, 10.61 i� de 5 r G-I Suggested by: Administration City of Kenai RESOLUTION NO. 89-74 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA THAT THE FOLLOWING TRANSFERS OF MONIES BE MADE IN THE 1989-90 WATER & SEWER FUND: FROM: Sewer Treatment Plant - Contingency $ 6,000 IN TO: Sewer Treatment Plant - Improvements Other than Buildings $ 5,000 Sewer Treatment Plant - R&M Supplies 11000 0 This transfer provides money to build a vactor dump site at the Sewer Treatment Plant. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 1st day of November, 1989. JOHN J. WILLIAMS, MAYOR #� ATTEST: Janet Ruotsala, City Clerk Approved by Finance: . .... 4/1 (10/27/89) jal c -A 41el, u —/ Suggested by: Council RESOLUTION NO. 89-72 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, IN SUPPORT OF HOUSE JOINT RESOLUTION 13 (HJR 13), A LEGISLATIVE PROPOSAL BY GOVERNOR STEVE COWPER BEFORE THE SIXTEENTH ALASKA LEGISLATURE, PROVIDING A SECURE SOURCE OF PUBLIC EDUCATION FUNDING FOR THE FUTURE. WHEREAS, the Alaska Constitution requires us to assure a quality education for our children, it is incumbent upon the State to provide adequate and secure funding for that purpose; and WHEREAS, at the present time, the support of education is dependent primarily upon the fluctuating oil prices that results in whipsawing annual income used for public education purposes, and WHEREAS, Governor Steve Cowper has proposed an Education Endowment Fund that must be approved by the voters of the State of Alaska as a constitutional amendment that will require utilizing the Permanent Fund as a depository for unapproved earnings of the Permanent Fund, and WHEREAS, the Permanent Fund belongs to all the people of the State of Alaska and dispersal of all funds derived from the Permanent Fund should be with the approval and full knowledge of the people of the State of Alaska. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the Kenai City Council is on record as being in support of the placement on the ballot at the next General Election the question of whether or not a constitutional amendment should be made allowing the Governor's Education Endowment fund to become law. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 1st day of November, 1989. JOHN J. WILLIAMS, MAYOR ATTEST: Janet Ruotsala, City Clerk G -3 Suggested by: Mayor Williams CITY OF KENAI RESOLUTION 89-73 A RESOLUTION ON BEHALF OF THE CITY OF KENAI, ALASKA, AUTHORIZING MR. ROBERT A. BREEZE OF THE FIRM OF HOLDEN, HACKNEY AND BREEZE, INC. TO ACT AS AGENT FOR THE CITY OF KENAI IN THE SECURING OF A PHILANTHROPIC GRANT ON BEHALF OF THE KENAI BICENTENNIAL CULTURAL AND HERITAGE CENTER. WHEREAS, the City of Kenai wishes to celebrate the Bicentennial of the community in a manner which will long be remembered through the construction of a Bicentennial Cultural and Heritage center, and WHEREAS, the City of Kenai is seeking funds in amounts sufficient to cover the construction of this facility, and WHEREAS, Mr. Robert A. Breeze has indicated a desire and offered his services in securing said grant funds for the construction of that facility, said grant funds as a philanthropic donation, and WHEREAS, Mr. Robert A. Breeze has agreed to act as agent on behalf of the City of Kenai at no cost to the City of Kenai. NOW THEREFORE BE IT RESOLVED BY THE CITY OF KENAI, ALASKA that Mr. Robert A. Breeze of the firm of Holden, Hackney and Breeze, Inc. be designated as an agent for the securing of funds sufficient to construct a Bicentennial Cultural and Heritage center. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 1st day of November, 1989. JOHN J. WILLIAMS, MAYOR ATTEST: Janet Ruotsala, City Clerk ECONOMIC DEVELOPMENT COMMISSION October 12, 1989 7:00 P.M. Homer Electric Association Conference Room Barry Thompson, Chairman 1. The meeting was a scheduled work session. Commissioners present were: Barry Thompson, Jim Elson, Vince O'Reilly, Henry Penney, Shirley Wallingford, Ad Hoc: Mayor Williams 2. Chairman Thompson distributed a beginning outline of the economic areas to be looked at in the long-range survey for the City of Kenai. This project will be an attempt to determine the condition of the Kenai area in twenty years. Areas suggested as a place to begin: 1. Fishing --Management, processing and competition. Commissioner Bob Scott could give a lot of input in this area. What people need to be contacted? Possibly Ken Tarbox of Fish and Game and also some- one from Cook Inlet Aquaculture. 2. Oil Industry --Production such as Cook Inlet, North Slope or new discoveries in remote areas and secondary industries such as Tesoro, Phillips and Unocal. What are their plans for future development? One commissioner suggested having an update on the Beluga Coal Fields project. What is it's status? The E.D.D. has a natural gas study that Barry Thompson will try to get a copy of for the survey. 3. Tourism --This is a young industry to be developed. Why do people come to Kenai? (Hunting & Fishing) How can we assist the development of the support industries such as accomodations, food and supplies? Commissioners had several ideas of people to contact in this area. Shirley will pursue some possible contacts. 4. City of Kenai --The Commission should explore the effects of municipal assistance on city taxing policies, city assets such as the airport and airport lands. The EDC can also pursue Marion's idea of doing an inventory of the City's assets and ways to encourage development of private lands. 5. State --Areas to look at include population projections, revenue projections and the loss of government projects; the possibility of another state income tax, and where the permanent fund and longetivity bonus will be in twenty years. People to contact include: Hugh Malone and someone from the Department of Labor. What other state offices should be contacted? Page Two Economic Development Commission Work Session October 12, 1989 3. All the commissioners gave input and direction on the various areas for the economic survey. Barry Thompson will plan to attend the next Harbor Commission meeting on October 23rd and ask for their help and support for this project. Gordon Harrison of the Office of Management and Budget was another name given to contact for information. 4. Mayor Williams will talk with Hugh Malone and see if his schedule will allow him .to come to Kenai and speak with the Commission anytime soon. Mayor Williams also pa8sed out the Proposal Abstract for the Kenai Water Survival Training Center. 5. The work session was adjourned at 9:15pm. The next regular meeting will be November 30th at 7pm. Mr. Thompson will have someone from the oil industry at the next meeting to answer questions relating to oil industry developments both local and statewide. Chairman Thompson thanked everyone for coming and for their input. Respectfully submitted, Patti Truesdell, Recording Secretary for the City of Kenai D-7 KE NA = P LANN = NG & Z ON = NG COMM = S S = O N October 25, 1989 - 7:00 P.M. City Hall Council Chambers Pat Nault, Chairman 1. ROLL CALL All Commissioners Present Two Commission seats vacant 2. APPROVAL OF AGENDA Delete Borough Representative MOTION: Commissioner Brown moved approval of the amended agenda, seconded by Commission Glick VOTE: Motion passed with Unanimous Consent 3. PERSONS PRESENT SCHEDULED TO BE HEARD a. Sylvia Spearow, Planner, Kenai Peninsula Borough - Comprehensive Plans both City and Borough Rescheduled for November 8th. 4. PUBLIC HEARINGS a. Resolution PZ89-11 (Amended): Encroachment Permit for Lots 51&52, Block 1, Redoubt Terrace SID - Integrity Surveys Planning Specialist Loper explained that this had been postponed in order for a second survey to be done on Lot 50. The survey has been completed and the application returns. The staff comment sheet details all the encroachments the permit will clear. Vice Chairman Bryson opened the hearing for public comments. There were none. Commissioner Brown expressed questions about the concerns of Mr. Hamrick. Planning Specialist Loper answered that each concern listed in Mr. Hamrick's letter is numbered and answered in the staff comments. About the only thing we are able to do is show him through the survey that those buildings are not encroaching into his lot. KENAI PLANNING & ZONING COMMISSION October 25, 1989 Page 2 Commissioner Gilman asked about covenants. While we cannot govern them I would like to see them. MOTION: Commissioner Brown moved approval of PZ89-11, seconded by Commissioner Bannock. VOTE: Motion passed unanimously by roll call vote. Commissioner Glick asked if Mr. Hamrick has made any comments since the survey was completed. Planning Specialist Loper answered that he was on the slope and has not yet seen the results, however he will be informed. b. Resolution PZ89-16: Amend Kenai Municipal Zoning Code by Adding New Section - Recreation (R)Zone Vice Chairman Bryson opened the hearing to comments from the public. There were none. Commissioner Bannock stated that he had a problem with the size of the sign. Planning Specialist Loper explained that the entire section has been copied from the home occupation portion of the sign code. Any changes are welcome. Commissioner Bannock: I don't know that I could tell you a good limit, obviously we don't want a 10,000 sq. ft. sign, but I know that I have a problem with 4 sq.ft. Commissioner Brown: I think you need some type of restriction on signs because the recreation zone can easily border a residential zone, so if I'm living across the street from someone that wants to rezone it to recreation as long as he doesn't stick up an 8 x 10 sign out my front window. Commissioner Bannock: But on the other hand, these are home occupation rules and the recreation zone has to be at least one step more than a home occupation. Remember this is where we were talking about putting in our restaurant and club shop, even our boat rental place. A 4' square sign is great for Martha's sewing but for anything commercial it is too insignificant. Commissioner Brown: It was my understanding it was going to be a commercial -like establishment that would go in a residential area. Commissioner Bannock: One of the things we talked about in a recreation zone is the Kenai Golf Course. That sign is out of order then, its more than 4 sq.ft. The Commission discussed lighted signs. MOTION: Commissioner Brown moved for approval of PZ89-16, seconded by Commissioner Gilman. MOTION AMENDMENT: Commissioner Bannock moved to amend the motion by eliminating the section dealing with signs permitted in the recreation zone, seconded by Commissioner Gilman KENAI PLANNING & ZONING COMMISSION October 25, 1989 Page 3 Vice Chairman Bryson: Is it your intent to go back to a work session. VOTE AMENDMENT: Motion passes Commissioner Bannock - yes Commissioner Brown - no Commissioner Glick - yes Commissioner Gilman - yes Vice Chairman Bryson - yes Commissioner Brown: So now we have an amended motion that creates a recreation zone with signs that may be allowed with KMC 14.20.220. Discussion continued regarding the sign portion. MOTION: Commissioner Glick moved to postpone the entire resolution to the next meeting, seconded by Commissioner Gilman VOTE: Motion passed unanimously by roll call vote 5. APPROVAL OF MINUTES of September 27, 1989 MOTION: Commissioner Glick moved approval of the minutes as submitted, seconded by Commissioner Gilman VOTE: Motion passed with Unanimous Consent 6. OLD BUSINESS None 7. NEW BUSINESS a. Home Occupation: Portion Gov't Lot 107, Sec. 34, T6N, R11W, S.M. (1312 Kiana) for Carlyle Design - James R. Carlyle Mr. James Carlyle gave a detailed explanation of his business and stated that he felt the newspaper article made his business sound much larger than it actually is. Water is not used to a large extent and uses no more than a washer load of laundry. There is extra traffic in that we take the articles to the post office or the stores. There are no customers, its all wholesale. The business now uses about 8% of the floor area. At our production rate we sell as many as we produce but it's still a small scale. There are trucks that stop at the house and driving away. Commissioner Gilman: Did you mention a delivery van? Mr. Carlyle answered that it would be the same as if you ordered a piece of furniture and a r` truck came up and dropped it at your house. Commissioner Gilman: Is it there for like 6 hours? Answer no, more like 5 minutes. The things we order look like a bag of cement. KENAI PLANNING & ZONING COMMISSION October 25, 1989 Page 4 Commissioner Brown asked if this was complaint driven? Answer no. Vice Chairman Bryson asked about the water & sewer fees. Planning Specialist Loper answered that the water & sewer fees are entirely separate from the zoning aspect. Commissioner Brown asked if it were a home occupation would he be charged a residential fee. Councilman Smalley answered that the bed & breakfasts that were approved fall under a higher water & sewer rate and would assume this would too. Commissioner Gilman: If we approve this application could you approve it on the basis of the finance department get a hold of the finance department later about the charges. Answer, the Finance Department is independent of any decision made by the Commission. MOTION: Commissioner Brown moved for approval of a home occupation permit for Mr. & Mrs. Carlyle, seconded by Commissioner Bannock VOTE: Motion passed unanimously by roll call vote b. Lease Applications: Former Dairy Queen Facility - Ischi and QBP, Inc. Vice Chairman Bryson called upon Administration for comments. Administrative Assistant Howard: There are two applications in your packet. The Ischi's brought in a proposal October 5th and we were expecting lease applications and I told Mrs. Ischi that she may need to fill out an actual lease application form. We took her good faith deposit and I gave her proposal to the legal department to determine whether or not she would need to do that. I hadn't received an answer by October 9th when QBP, Inc. submitted a formal lease application. I wrote a memo to the legal department asking them which would be a first come first served, and they said that providing that the Ischi's complete a formal lease application on a City form, theirs would be completed first. Kenai Municipal Code states that if the Planning & Zoning Commission finds "the application is complete and the use proposed is in the highest and best use for the City, and that it conforms to the Airport Master Plan and other goals set by the Commission and Council ..." Administration would like a recommendation from the Planning & Zoning Commission to take to the Council meeting. Commissioner Bannock: How does the decision between these two companies have anything to do with the Planning & Zoning Commission. Administrative Assistant Howard: The leasing code says that any lease application will go before the Commission to see if it conforms, etc. Last May 3rd this was in front of the Council, as you saw in my memo, the Ischi's had submitted a bid and they protested a clause in the lease. The Council ended up not taking action on it. They could have either have gone out to bid again for another RFP, or took no action on it and lease it just as if it were raw land. They decided to follow procedures we use for raw land and that section of the :Leasing code. KENAI PLANNING & ZONING COMMISSION October 25, 1989 Page 5 Commissioner Bannock: Right., but going through this, section D, where there are two or more applications for the same airport lands for different uses, then the ..." and I don't see any difference in the uses here and I really don't feel this is an issue Planning & Zoning should be involved in. This is a Council issue, trying to find out which business gets it leased for the exact same use. If it were different uses, yes. Where Planning & Zoning would come into this is if the company wanted to lease it and turn it into either a gas station or a golf course, but both want to turn it into a restaurant. So the only competition here is who is going to run it. I don't think going with taco people versus the ice cream people is a different use. Commissioner Gilman: I was under the impression that Planning & Zoning just had to see that the first come first serve applicant does indeed fall within the code. Commissioner Bannock: That's for the legal department. Vice Chairman Bryson: The legal department has already made the recommendation on that and I guess , ... Commissioner Bannock: What is the different uses between the two organizations. The same uses, the taco people or the ice cream people. Vice Chairman Bryson: If there is a difference, we need to declare it, if there isn't .... Commissioner Bannock: If we decide there is no difference, what do we make a decision on, to make no decision. Vice Chairman Bryson: We could recommend a wide variety of things, we could recommend that it go out for competitive leases which is almost a full circle. Commissioner Bannock: Just. a couple weeks ago, we .had a situation relatively similar to this involving a lease situation at the airport terminal and that never came here. Planning Specialist Loper: It did go to the Airport Commission. Commissioner Bannock: I think its the exact same situation, if the City owns something and it's being leased out and more than one person wants to lease it, so what we're doing right now we should have done it for the airport bar then. Either we're doing some wrong then or we're doing something wrong now because they aren't being treated the same. When the airport concessions went for bid it didn't come here and when the Dairy Queen went for bid it didn't come here. Vice Chairman Bryson: Do you have an opinion of what they should have done. Commissioner Bannock: I have a very strong opinion. As Planning Zoning Commission we shouldn't make the decision between two parties that have the same goal. They don't want to turn it into something else, they both want to turn it into a restaurant, they both have the same use. KMC 21.10.060 is for uses, not for ownership. Vice Chairman Bryson: I don't disagree with your concern, though I think we need to focus in on several of the issues, one is whether or not the proposed issues are compatible with the zoning and the airport plan. Commissioner Bannock: That's not what they're asking we do tonight though. Aren't we to decide who should get the application for the former Dairy Queen facility? Vice Chairman Bryson: It has been given to us with some nebulous directions. Commissioner Bannock: Let's treat it as an issue of raw land. There's two people that want to do the same thing with this raw land. It's not KENAI PLANNING & ZONING COMMISSION October 25, 1989 Page 6 this body's decision to find out which of those two people get to do with that raw land what they want to do with it. Councilman Smalley: By the code it is. Commissioner Bannock: No. The code says use. It doesn't say we get to say who gets to use it, the code says we get to say how it is used. Commissioner Gilman read KMC 21.10.060 the second section. Does that mean that we are supposed to figure out the highest and best use. Commissioner Bannock: I disagree. In this case I think that applies to different uses not the same uses. Think about what planning & zoning is for. If someone wanted to turn that into a golf course, well that doesn't fit. It's already been determined that a restaurant fits on that corner. These people just want to turn it in to another restaurant. Commissioner Brown: I think if you have the opportunity to review the application when it comes back for renewal, just because it was a restaurant before shouldn't factor :into deciding that it's the best use for it now. The lese application that's before us, you have to look at the first application since that's the legal opinion on a first come first served basis, the reason that we're looking at is to decide do we want to keep it as a restaurant. Commissioner Bannock: What are we supposed to decide tonight. Vice Chairman Bryson: This is before us somewhat by default because the Council did not take action on it. Administrative Assistant Howard: Not exactly on this, they haven't seen this application. Vice Chairman Bryson: On the first application? Councilman Smalley: We received a proposal. Administrative Assistant Howard: We received a bid last spring and it didn't work out. Now, I would like to see, at least of the two sections of the code I wrote in my memo, I would like to see this Commission find that the application is complete, if the applications are complete, and find out if the uses are of the highest and best uses, and it conforms to the master plan and other goals as set by the Commission and the Council. I can see where your opinion is that they aren't different uses. If you want to mention that to Council that would be fine. Commissioner Gilman: So we maybe we can make you happy if it turned out at the end of the evening that we found that both of these applications are complete and that they both are in the highest and best use. Commissioner Bannock: But I don't think that was the message. It looks to me like the City Council was asking for us to make the decision between QBT and Ischi. Administrative Assistant Howard: The Administration brought this before you, the Council hasn't seen it. We just followed the code. Vice Chairman Bryson asked if there were any objection to having the applicants speak for five minutes each? The Commission agreed. Mr. Hutchings: I think the proposal is a little bit different than an application and as far as a first come first served basis is ... my application, I didn't have any qualms about the lease, therefore, I think I should be in first place. KENAI PLANNING & ZONING COMMISSION October 25, 1989 Page 7 Commissioner Bannock: I don't have a problem with either one of your businesses, I love Dairy Queen and I love tacos. I just do not feel that this body should decide okay you get it or you don't and that's what I read into this. Val Ischi: My understanding tonight was that I was supposed to come because there were two lease agreements and that they were just going to approve whether both of us were within the zoning, to do what we want with it, then both of them, if they were both recommended and that we complied with the zoning would be sent on to Council and at that point it would be decided by the Council as to who would be awarded the lease. I think everything we proposed is in the lease agreement and I would be more than happy to answer any questions that you may have. We would just like to be considered by the Council to receive the lease. Commissioner Brown: I think Margaret had a good idea, that we shouldn't recommend both applications, if we see it that way, that both applications should fit the use according to the code and let the Council decide if it should be a Dairy Queen or tacos. The Commission doesn't have any problem with it being used for a restaurant. MOTION: Commissioner Brown moved to recommend to the City Council that both lease applications for the Dairy Queen facility, Ischi and QBP follows KMC r 21.10.060, both applications meet the Kenai Municipal Code and that a restaurant is the highest and best use and conforms to the Airport Master Plan, seconded by Commissioner Glick. Commissioner Gilman: Does that motion state the Ischi's or do you mean the Dairy Queen. Commissioner Brown: I meant both. Commissioner Gilman: Does that motion also have in it that it that the applications are complete. Answer yes. Vice Chairman Bryson: We are declaring that both are complete and they are compatible with zoning and the master plan. Vice Chairman Bryson: I don't think we'd be out of line if the Planning Commission were to propose a method of determination, a bid situation or what. A method of competing leases .... unless you just want to shy away from it. Commissioner Bannock: I would like to shy away from it. Councilman Smalley: Back when I was on this body, we dealt with leases for land which were competing ].eases and this body was assigned the task of reviewing, listening to the applicants and making a choice between the two or three that evening and recommending that specific choice, even though they were the same uses to Council. Council doesn't have to chose the one the Commission had chosen. They also modify anything that the Commission sends on and often does. Vice Chairman Bryson: The one that comes to mind that came before us was the Ski-Mo and the Doyles and they were different uses. Commissioner Bannock: And I think that's the kind of thing the Planning & Zoning Commission should be doing. Councilman Smalley: I understand what you're saying and I agree, it's putting this body in a box. I think its unfair but I do think the Council, on this issue, wants a recommendation on these two. I'm happy with what you sent to them. Vice Chairman Bryson: If the KENAI PLANNING & ZONING COMMISSION October 25, 1989 Page 8 determination is the date of application then its easy enough for Administration to determine the appropriate lease. Commissioner Gilman: I don't think its the position of the Commission to do that. I don't think the Council should ask us for a recommendation, that's why they're there. VOTE: Motion passed unanimously by roll call vote 8. PLANNING a. Comp Plan Team Reports Since there are two members that are no longer on the Commission, the committees are in need of new team assignments. The proposed new member was asked to participate and agreed to take the assignment issued to Mr. Walker. Commissioner Glick asked to kork on the Kenai River team, approved by Vice Chairman Bryson. Mr. Ed Garnett, representing the Airport Commission spoke before the Commission regarding any development plans the Commission may have for the Plan. The Commission set a work session for November 15th specifically for the Plan and invited Mr. Garnett and any of the other Comissions that were interested to attend. The Commission cancelled the meeting of November 22, 1989. b. Proposed Alaska Oil & Gas Lease Sales for 1994 No comments. C. Kenai River Public Boat Launch This item is to update the Commission on the progress of the project and Councilman Smalley and the Commission discussed it at some length. The Commission voiced strong support of the project and urged the Council to continue with the project and further, when it is appropriate that a plan for development of the area be drafted and return to the Commission. 9. REPORTS a. Citv Council Councilman Smalley reported on Council items of interest to the Commission from two previous Council meetings. b. Borough Planning Vice Chairman Bryson reported on another request to apply the noxious, injurious, hazardous ordinance applied to the operation of a dog kennel and an application for a land use permit on the bluff on K-Beach Rd. KENAI PLANNING & ZONING COMMISSION October 25, 1989 Page 9 c. City Administration None 10. PERSONS PRESENT NOT SCHEDULED TO BE HEARD None 11. INFORMATION ITEMS a. City Council Agendas - October 4 & 11, 1989 b. KPB Planning Commission Agendas - October 9 & 23, 1989 C. APA Planning Magazine 12. COMMISSION COMMENTS & QUESTIONS Councilman Smalley discussed the cuerent situation concerning street lights and recommended review of the list of recommended locations for street lights that was drafted with the Laidlaw Bus company a couple years ago. Along with the list was a map and it should be available from Public Works. The Commission requested a copy of the list for review. The Commission agreed to put the issue into the Comprehensive Plan under the utilities section. 13. ADJOURNMENT There being no further business, the meeting was adjourned into a work session. Janet A. Loper Secretary e urne DO,. -i r for la i a, Inc• WV8W Box 10051k Andwi e, AID... ----- --.---- EXECUTIVE DIRECTOR Becky L. Gay EXECUTIVE COMMITTEE Ethel H. 'Pete' Nelson, President Jahn Forceskie, Vice Pros. Joseph E. Usiballi, Jr., Vice Pres. O.K. "Easy" Gl&ath, Secretary Larry L Lurgltman, Treasurer Sharen E. Andersort Rex 1. Dishopp Cuft W. Foster Mend = L Gross Ft. Hw Oiln H.Kea Rgbllrt W. Unscher sn=Rehnberg Joao so" J. my R.O. Snick LyM von Bargen Oexg M. Webb DIRECTORS Larry G. Anderson =r ull RldmW Dames Janes K. Barnett Str an C. Sorell Ratio A. Breeze Kelly M. Campbell Akxwx er J. Capasso DWn+a Carpenter LJ. Clnoofta DArras � d Rio Onvidge John Devens Urry RobDragn� Ja*m %r Drew P" P. Easley Dan L. Finney Lae E. Fiaher A. Oebbie Fullenwider October 10, 1989 Mayor John Williams City of Kenai 210 Fidalgo Kenai, AK 99611 Dear Mayor Williams: 6789\ �w EZ ZZ cThank_y.Qu for renewing your membership in the Resource -Development Council. Your support is vital to reaching our goal of diversifying the economy to create jobs and a strong future for Alaskans. Thanks to members like you, we are able to educate people about Alaska's economy, its future and the positive actions needed to promote economic expansion. As a member, you have the most direct impact on issues through participation in division activities. The results of committee work, testimony preparation and regular division meetings have been the "bread and butter" of RDC's policies for achieving positive change. RDC couldn't have come this far without you --thanks for your support. We look forward to continuing this partnership as we advance our program of strengthening Alaska's economy. Sincerely, FK-9'lse,y - RESOURCE DEVELOPMENT COUNCIL M. for Alaska, Inc. 1. Marrs Mq ee Ili I r WMr � nor 4dMrsan �nMw� Becky L. Gay nl�Schneider Executive Director seley on H. Thetford W. Tindall p.s. RDC's Annual Conference is changing seasons - from bjWw sR. Webber spring to winter. The date is set for November 29- „R. 30 here in Anchorage, please plan to join usl! A (U"*r4. Wuerch q MEMBERS list of confirmed speakers is enclosed. �— Sin"or Ted Stevens slinow Frank Murkowski CginSregarnan Don Young •411W MC loth Annual Conference on Alaska's Resources Alaska: Playground, Park and Production _State "A Question of Balance" November 29-30, 1989 Sheraton Anchorage Hotel Confirmed speakers: Changing America's Perception of Alaska James Wickwire, Attorney, Wickwire, Greene & Seward Seattle, Washington Maintaining Wildlife Values in Developing Areas, Gomer E. Jones, President, National Institute for Urban Wildlife, Columbia, Maryland Alaska Energy: Meeting the Challenge of America's Energy Future, Percey A. Payne, General Manager of Production, Shell Western E & P, Houston, 'Texas Playground and Park: The Striking Differences, Wayne Ross, National Rifle Association, Anchorage, Alaska The Costs & Risks of American Energy Scenarios Dr. Henry Schuler, Director, Energy Security Program, Georgetown University, Washington, D.C. How Will Future U.S. Energy Demand be Met? General Richard Lawson, President, National Coal Association, Washington, D.C. Timber: Can People Still Work in the Forest? Jahn Sturgeon, Koncor Foresi' Products, Anchorage, Alaska Harnessing the Fuels of Tomorrow, Robert Gentile, Undersecretary of Energy for fossil fuels, Washington, D.C. America's $80 billion Opportunity: Alaska Natural Gas, William V. McHugh, President, Yukon Pacific Corporation, Anchorage, Alaska Alaska's Wetlands: "No Net Loss" and What it Means to Alaska's Economy, Vicki Masterman, former Corps of Engineer attorney, Chicago, Illinois Balancing World -Class Mineral Development with Environmental Concerns, Frank Joklik, President & CEO, Kennecott Corporation, Salt Lake City, Utah The Rough Road to Economic Stability, Mayor Tom Fink, Municipality of Anchorage How National Policy Affects the Home Front, Mayor Jerome Selby, Kodiak Island Borough Prince William Sound: Putting the Pieces Back Together, Mayor Lynn Chrystal, Valdez, Alaska Fiscal Realities: Resource Development and the Tax Base, Mayor Bruce Botelho, City and Borough of Juneau How Congress Views Alaska, Mike Harvey, Chief Counsel, U.S. Senate Committee on Energy & Natural Resources, Washington, D.C. Balance: A View from the Top of the World, Jacob Adams, President, Arctic Slope Regional Corporation, Barrow, Alaska .w aA.:: �ws4aJm," Vaseti w�i,?�H w9a€ .r� :t,Mry G STEVE COWPER GOVERNOR T STATE OF ALASKA OFFI::E OF THE GOVERNOR Jti xEAU October 2, 1989 The Honorable John J. Williams Mayor, City of Kenai 210 Fidalgo Kenai, AK 99611 Dear Mayor Williams: Governor Steve Cowper has made his appointments to the Alaska Seafood Marketing Institute. Although the public announcement has been made, the Governor wanted me to inform you personally of his selections. He has appointed Bob Waldrop of Ketchikan, and reappointed Sandra Cesarini of Valdez, Ron Hegge of Sitka, Richard Pace of Redmond, Washington, William Saletic of Seattle, Washington, Robert Scott of Kenai, and Laurence Irving of Fairbanks. Many outstanding candidates applied for this Commission, and a lot of concerned Alaskans wrote strong letters of endorsement. Making the final selections was not easy. I would like to let you know that Sheila Gottehrer resigned effective September 7, and I: am replacing her. The Governor appreciates your support and thanks you for taking an interest in the Commission. Sincerely, Penny Forsmo Special Staff Assistant Boards and Commissions ti234Sg?n 46 OC7 589 Y l .l� r J L- E?QN COMPANY, U.S.A. ALASKA OPERATIONS POST OFFICE BOX 240409 • ANCHORn.GE. r<A The Honorable John Williams Mayor of the City of Kenai 210 Fidalgo Street Kenai, Alaska 99611 Dear Mayor Williams: October 20, 1989 Fw3 0 I \�6Z1 As you probably know, we have moved our offices to Anchorage and are actively involved in the implementation of our Winter Program. Our Exxon winter staff for the Community Liaison organization is as follows: Milt Alberstadt - Prince William Sound Wiley Bragg - Kenai Peninsula Dean Morgridge - Native Village Coordinator John Peavey - Kodiak Island Please feel free to contact your local representative or me at any time. My phone number is 564-3649, Dean Morgridge's number is 564-3285. Our office in Anchorage is open daily until 6:00 P.M. or later. We would like to offer you a tour of our Anchorage facilities anytime you are in town. We are using the Troy Hanger at the airport and have a large outside storage area on the south side of town near the Old Seward Highway and O'Malley Road. Pictures of a few of the small water heaters, and one of the hundreds of pumps being cleaned and repaired are enclosed. These units are just a small example of the approximately 60 million pounds of equipment moved into storage for repair, maintenance and possible use in clean-up activity next Spring. The next time you plan to be in Anchorage, give me a call and I'll be glad to show you around. Also, anytime you plan to be in town with a group, we will be glad to set up a briefing in our offices at the Calais II building, located at 3301 C Street. We can provide a more complete review here in our offices, but have also developed a slide show that we would be glad to present to local organizations in your community. Si ncerelX-,,.— I Monte Taylor Community Liaison Manager WMT/vcl Encl. cc: Wiley Bragg 165CL.WMT A DIVISION OF EXXON CORPORATION 1791 F-w- I/ CITY OF G'apdal 4 4ia�" 210 rMAULoo MNAu, AL"M "01 203.7=5 FAX 907-283.3014 October 25, 1989 Mr. and Mrs. Stasek Kenai Fabric Center 115 N. Willow Kenai, AK 99611 Dear Mr. & Mrs. Stasek: Thank you very much for the copy of your letter to Atty. Rogers regarding your lease. I sympathize with you from the standpoint that the economy has not treated any of us fairly in the last three years. I believe we are seeing a turnaround of that problem and that the next three years should prove more fruitful. I have taken the liberty of passing your letter on to the members of the Council so they can continue to be appraised of matters of this nature as they relate to our leasing policies. Once again thank you for your support and your letter of concern. John J. Williams Mayor JJW:jr PAYMENTS OVER $1.000 WHICH NEED COUNCIL APPROVAL OR RATIFICATION COUNCIL MEETING OF: = NOVEMBER 1. 1989 d FOR RATIFICATION: ****fftff*t***t*ff*fff*****t***#*tt#tt########t!##*######**#****#*#****#**#*t##**!***x*********#*f****#t#t####*#####**#***#*##**###x###x***xx#xxxs###*## VENDOR DESCRIPTION DEPARTMENT ACCOUNT AMOUNT MISC. 1*0 DOYLE'S FUEL FUEL SHOP OPERATING SUPPLIES 2,546.19 FUEL DOCK OPERATING SUPPLIES 10,687.40 HOMER ELECTRIC ELECTRICITY USAGE VARIOUS UTILITIES 36,850.42 ALASKAN FEDERAL CREDIT UNION OCT. CREDIT UNION W/H VARIOUS LIABILITY 16.063.00 KENAI PENINSULA BOROUGH 3RD QUARTER SALES TAX VARIOUS SALES TAX 16.517.58 NATIONAL BANK OF ALASKA OCT. FEDERAL W/H VARIOUS LIABILITY 39,089.62 OCT. MEDICARE VARIOUS LIABILITY 1,947.64 STATE OF ALASKA 3RD QUARTER ESC VARIOUS ESC 3,669.95 BLUE CROSS NOV. MEDICAL INS. VARIOUS HEALTH INSURANCE 28,851.98 WOMEN'S RESOURCE CENTER SEPT. CHILD CARE WOMEN'S RESOURCE ACCOUNTS RECEIVABLE 3,792.24 ICMA RETIREMENT CORP. OCT. DEFERRED COMP. VARIOUS LIABILITY 11,750.00 V OCT. 401 PLAN VARIOUS SUPPL. RETIREMENT 7,799.02 STATE OF ALASKA GARNISHMENTS VARIOUS LIABILITY 1,450.00 V NATIONAL BANK OF ALASKA CD 10/13/89 CENTRAL TREASURY CENTRAL TREASURY 500,000.00 8.15% INT. CD 10/20/89 CENTRAL TREASURY CENTRAL TREASURY 850,000.00 8.00% INT. CD 10/27/89 CENTRAL TREASURY CENTRAL TREASURY 594,000.00 8.00% INT. b FOR APPROVAL: 4 VENDOR DESCRIPTION DEPARTMENT ACCOUNT AMOUNT MISC. **tt********f*#*k****f*****tf**1lfr**********##******##*!*#*#*#****x#*###****t**ttt####***************#f**ftf#*#*#*##**********#****#********##*##**###### v+ HARLEY'S TRUCKING PAY EST. NO. 1 CP—FATHOM/TOYON CONSTRUCTION 58.608.90 . G R S CONSTRUCTION PAY EST. NO. 11 CP—A/P TERMINAL CONSTRUCTION 52,222.14 V QUALITY ASPHALT PAY EST. N0, 4 CP—A/P OVERLAY CONSTRUCTION 16,948.78 REQUISITIONS OVER $1,000 WHICH NEED COUNCIL APPROVAL COUNCIL MEETING OF, NOVEMBER 1. 1989 VENDOR DESCRIPTION DEPARTMENT ACCOUNT AMOUNT AIRPORT LIGHTING BASE PLATES. ASSEMBLY & COUPLING AIRPORT M & 0 REPAIR & MAINT. SUPPLIES 1.978.00 FOR LIGHTS ANCHORAGE COLD STORAGE GROCERIES FOR NOVEMBER COA—CONGREGATE MEALS OPERATING SUPPLIES 3,200.00 GROCERIES FOR NOVEMBER GOA—HOME MEALS OPERATING SUPPLIES 800.00 GENERAL ELECTRIC EMERGENCY SCANNING RADIOS AIRPORT M & 0 MACHINERY & EQUIPMENT 4,575.00 INDUSTRIAL ELECTRIC REPAIR LINCOLN MOTOR STP r REPAIR & MAINT. 1,600.00 KENAI MASONRY MATERIAL & RENTAL COSTS FOR VACTOR STP IMPROV. O/T BUILDINGS 3,000.00 DUMP SITE MOTOROLA 2—MOBILE RADIOS POLICE MACHINERY & EQUIPMENT 3,968.00 m 1' Tral SOV, sums "10 s Aomo �m � FRt31EC" . Off I* l�' (+October 18, 1989 N vim �iW........:...-..o.r.....r,,........:.1.:...,,r...r�.. I • I•,1:� � �6 990 Ili ! Keith Kornelis, Public Wor actor c��y C � •k City of Kenai 210 Fidaglo:I: Kenai, AK 99611 Re: KENAI MUNICIPAL AIRPORT TERMINAL BUILDING h tkr' Attached is a Contractor's requested change order on the referenced : ' ,:'project. This change order is for the entry stairway lighting change, 4. (,:,which I received a verbal approval from you on earlier. As I l ' 7 mentioned to you at that time the original light fixtures could not be „�tstocked. have requested that the Contractor turn the fixtures over A ' Ia ��to the City and he has no problem in'doing that. If you have any � questions please call. Sincerely, UGE & ASSOCIATES ' I I "a 1 i ,p ill Kluge, Principal K/ta "------- ` Robert D. Green d/b/a G & $ CONSTRUCTION P. Q. !Tx 1493 SOLDCt NJ!« V KA 99669 TO —hiuce an Associates 130 Trading Sav Renal. A 5'F511 — - ► Imo- -. . : l � : Cam- �.. Number fJ PHONEDATE 05-25-89 JOB NAME/LOCATION Kenai Airport Terminal Remodel JOB NUMBER JOB PHONE We hereby agree to make the change (a) specified below: s —Lai �£>>Fi- >RAF-25--E#"4E—CsO�t9—;t}-p2<'3=li e� tiQft—tYXTtYr85-3I7---icne—enlcrY 'C the bar area. Sf3fl@ontra-e-t-er 0.00- Overhead and orctit S 32.00 Bon' ---------------------------------------------------------- Fo E a-1 --- i NOTE: This Change Order becomes part of and in conformance with the existing contract. WE AGREE hereby to make the change (s) specified above at this price [� $ ATE of PREVIOUS CONTRACT AMOUNT $ AUTHORIZED SIGNATURE (CO R CTOR) REVISED CONTRACT TOTAL $ ACCEPTED —The above prices and specifications of this Change Order are satisfactory and are hereby ac- cepted. All work to be performed under same terms and conditions as specified in original contract unless other- wise stipulated. Date of acceptance Signature (OWNER) W 41 1791- IMI CITY OF KENAI " Del G'djal °j 4,"„ _ 210 FIDAL00 KENAI, ALASKA 90111 TELEP"ONE US- 7535 FAX 907-283-3014 Memo to: Kenai city Council From: Charles A. Brown. Finance Director Date: October 13. 1989 Cold Subject: Claim to Exxon. Kenai Dock As you are aware, ()n August 31. 1989, the City filed a claim with Exxon for lost revenues relating to the Kenai. Municipal Dock facility for the 1989 season. This claim %,as for ,,41.7(,O and was for lost wharfage charges and lost profits on petroleum sales. Subsequently, tide City filed a grant application with the State of Alaska, Department of Com.!cunit.y & Regional Affairs for the same amount for the same purpose. The -;rant application was the City's substitute position in case Exxon denied our cLaicn. of course, never expected to receive the money from both Exxon and the State. Exxon representatives Le_vletie_d City records and have agreed as to the amount of lost revenue-, ciaimea. as I expected, they have also noticed that the City incurred less operating expenses in 1.989 than in 1988, mostly in wages for employees wc�rkin; rni -ho cloak. Exxon intends to reimburse the City for lost net revenue (as opposed to lost ;dross revenue), taking into account reduced expenses. Exxon has, therefore, reduced the City's claim by $9,497. The amount they have offered to pay is S32,263. This offer was made verbally. My own calculations suggest that the reduced wages that should be taken into account amount to $10,363; therefore, I had expected Exxon to counteroffer with a slightly smaller figure. Subject to Council's approval, I have verbally accepted Exxon's offer. They want me to sign a waiver that the $32,263 will settle all City claims against Exxon relating to the Kenai Municipal Dock for the 1989 season. This would not prevent us from making a future claim relating to fish tax or any other purpose unrelated to the dock operations. Also, November 1, 1989 is the deadline for re -applying for State of Alaska grant funds (our grant request was not approved in the first round). The City Manager and I agree that Exxon's offer is reasonable and that re -application for the grant money is not necessary. I have not, therefore, re -applied for grant funds. Grant funding was an unlikely proposition anyway; over $4,000,000 of requests were deferred to the second round, and only $205,000 is available. I have told Exxon that I want to wait until November 2 to settle this issue, so that I can obtain Council's concurrence at the November 1 Council meeting. I ask that you authorize the City Administration to accept Exxon's offer and to sign the appropriate waiver (I will ask the Legal Department to review the wording of the waiver). 14-s LAW OFFICES DALE DOLIFKA P.O. BOY 1103 KENAI. ALASI A 99(iI I oa October 27, 1989 ^t of K 00 7t St btEt2�����o CITY OF KENAI Hand -delivered ATTENTION: MR. TIM ROGERS ATTORNEY RE: CONSENT TO ASSIGNMENT OF LEASE AND SUB -LEASE PROPERTY Dear Tim: Please be advised that I have been retained by TRANSALASKA TITLE INSURANCE AGENCY to prepare documents for the sale by ARTHUR J. THOMPSON to JOSE RAMOS and C. MARIA RAMOS of the Leasehold Estate held Mr. Thompson in the following described real property: Lots Ten (10) and Eleven (11), ALEYESKA SUBDIVISION, PART TWO, according to Plat No. K-1421, filed in -the Kenai Recording District, Third Judicial District, State of Alaska. Because of the substantial purchase price which the Buyers are paying for the Leasehold Estate, Mr. Thompson does not want to assign in full his leasehold interest in the above -described property until such time as he has been paid in full for the purchase price of his Leasehold Estate. Thus, the parties are requesting that the CITY OF KENAI approve a Sublease between ARTHUR J. THOMPSON and the RAMOS's which will be in effect until such time as the RAMOS's have paid Mr. Thompson the full purchase price for his Leasehold Estate. The parties are also requesting that the CITY OF KENAI approve two Assignment of Leases affecting the above -described property which will be recorded after the purchase price has been paid in full. Mechanically, the two Assignment of Leases and the Consent to the Assignment of Leases will be placed in escrow with the DEED OF TRUST NOTE and DEED OF TRUST until such time as the DEED OF TRUST NOTE is paid in full. At such time as the DEED OF TRUST is paid in full said documents October 27, 1989 Page 2 continued CITY OF EENAI - MR. TIM ROGERS will be duly recorded. In the event that there is a breach in the terms and conditions of the DEED OF TRUST or the DEED OF TRUST NOTE resulting in the foreclosure of the sub -leasehold interest held by Mr. Thompson, the CITY OF KENAI and Mr. Thompson will remain in their present positions. Your cooperation and assistance in obtaining the Consents from the CITY OF KENAI to the sublease and the Assignment of Leases will be greatly appreciated by my clients and myself. Sincerely, DALE DOLIFKA DD: rmd 1440 1791-1t CITY OF k1l.111r%1 %%Od ed,a 4 4"" 210 FIDALQO KENAI, ALASKA 99611 TELEPHONE M - 7535 FAX 907-283-3014 I'i:4YC0j-1XfZ)711 1 TO: Mayor John J. Williams & Kenai City Council FROM: Kim Howard, Administrative Assistant PlY DATE: October 26, 1989 RS: Applications for Lease - Former Dairy Queen Facility Attached are two applications for the lease of the former Dairy Queen Facility for your consideration. The applicants have submitted the appropriate good faith deposit and filing fee. Both are expected to be at the November 1 meeting should you have any questions. For your information I have done a synopsis of the events leading to this point: October, 1985 City sold property to the lessee July, 1988 City repossessed the property and building July, 1988 Original bid date for requests for proposals - this was postponed because of legal ramifications March, 1989 New bid date, Ischia were the only bidder April 5, 1989 Council voted unanimously to award lease to Ischia April 7, 1989 Ischi protested a clause in the lease April 24, 1989 At a Special Council Meeting, Ischi verbally represented he did not wish to proceed with the lease April 28, 1989 Ischi requested to lease if option was still open May 3, 1989 Council Meeting - Council voted whether Ischia' be granted a contract by the City pursuant to the agreement passed with amendment? Tie vote - failed. No further action was taken by the Council. Therefore, the property was available for lease or sale. Oct. 5, 1989 Val Ischi submitted a proposal on behalf of Val and Pete Ischi to lease the property. She was told we were accepting leas applications and that she might need to submit an application on a City form. As it was not a formal lease application, it was sent to the Legal Department for review. Oct. 9, 1989 QBP, Inc. submitted a lease application. Oct. 10, 1989 I received a memo from the Legal Department stating Mr. & Mrs. Ischi should submit an application on the form provided (lease application). The memo, which is attached, also addresses the Ischis' proposal. Oct. 10, 1989 I wrote Mr. & Mrs. Ischi that they needed to submit their application on.a City form. I restated the Legal Assistant's review of the proposal. Oct. 12, 1989 I wrote the Legal Department a memo asking "Which applicant submitted their application first for the purposes of consideration by Planning and Zoning?" Oct. 17, 1989 Received memo from Legal Department that determined that provided Mr. & Mrs. Ischi complete a City lease application form and comply with any additional requests by the Planning and Zoning Commission, their application would be considered first. Oct. 19, 1989 The Ischi lease application was submitted. KMC 21.10.060 states, "The Advisory Planning and Zoning Commission shall normally consider applications for specific lands on a first -come, first -serve basis if the Commission finds that the application is complete and the use proposed in the application is the highest and best use and conforms to the Airport Master Plan and other goals set by the Commission or the City Council." RMC 21.10.030 (5) states the intended use must comply with the zoning ordinance and comprehensive plan of the City. At their regular meeting on Oct. 25, 1989, the Planning and Zoning Commission made the following motion: Commissioner Brown moved to recommend to the City Council that both lease applications for the Dairy Queen facility, Ischi and QBP, follow KMC 21.10.060; both applications meet the Kenai Municipal Code and a restaurant is the highest and best use and conforms to the airport Master Plan, seconded by Commissioner Glick. /kh .FOR CZTY USE ONLY Date Received CITY OF KENAI P.O. BOX 580 - KENAI, ALASKA - PHONE 283-7535 ignirtuc+o �, LEASE APPLICATION Name of Applicant pETER TSCHI and VAT_.ERIE TSCHT Address 604 Laurel Drive, Kenai, Alaska 99611 Business Name and Address PETER and VALERIE ISCHI d/b/a KENAI DAIRY QUEEN Kenai Peninsula Borough Sales Tax No..14486 ( if applicable) State Business License No. BL036231 (if applicable) Telephone 283-3835 i Lot Description TRACT "B", KENAI SPUR AIRPORT LEASE PROPERTY SUB. Desired Length of Lease 10 years Property to be used for DairyQueen Restaurant Description of Developments (type, construction, size, etc.) N/A - Will use present structure `\ Attach development plan to scale (1" = 50'), showing all buildings planned. Time Schedule for Proposed Development: Beginning Date N/A Proposed Completion Date N/A Estimated Value of Construction $ N/A * - SEE PROPOSAL ATTACHED HERETO Date: /C-/f419 Signed: Date: Signed: 1. CITY OF KENAI CHECK LIST FOR SITE PLANS ALL ITEMS MUST BE COMPLETED BEFORE APPLICATION CAN BE ACCEPTED Drawings should be drawn to scale 111= 50 ft.*, and must show layout of the lot applied for and the location of all improve- ments proposed. Drawings must show: 1. Existing buildings 2. Proposed buildings a 3. Parking facilities (how many spacesand where located) 4. Site improvements a. Areas to be cleared and method of disposal b. Proposed gravel or paved areas C. Landscaping plan (retention of natural vegetation and/or proposed planting areas) 5. Building set backs 6. Drainage plan and method of snow removal 7. Circulation plan (all entrances, exits and on -site access) B. Location of sign(s) - sign permit required 9. Fencing t� 10. Curb cuts (where applicable) 11. Building height 12. Buildings on or near the airport on airport lands must complete FAA Form 7460-1 *This does not have to be drawn by an architect or engineer. 2 BUILDING INFORMATION On this sheet submit a drawing of building planned, drawn to scale. Scale: 1" = ft. Construction Materials (wood frame, steel building, etc.) THIS DRAWING SHOULD BE AS COMPLETE AS POSSIBLE i Note: If a prepared drawing.is submitted, attach to this application and disregard this page, filling in construction materials only. 3 Description of Property CONDITIONS OF ACCEPTANCE (To be completed by the City) Annual rent rate or cost a �� �;k ��ef���-*•�-e, Zoned for ��i-- Permits required %%p,c e__ Assessments Insurance required���%% Construction must begin by /U�,%I Completion date for major construction THIS APPLICATION WILL BE MADE A PART OF THE LEASE Planning Commission Approval: By:n,,L, Date of Approval 257c-� Chairman City Council Approval: By; , Date of Approval City Clerk 4 Pete and Val Iscbi 604Iaurel Dr, Kenai, AK 99611 262-9701 (Suldotna DQ) 283-3035 vKis is a Proposal to the City of Kenai concerning the Kenai Dairy Queen Yost Food rpstauraot^ F/om Pete and Val Ischi � -he term oF this lease shall be 10 /ears heginning April !, 1990^ However, -essae shall hava Un option to terminate this lease agreement upon giving �he City sixty (60) days advance written nutice of lessee's intention to terminate the leaso agreement. Prior to April 1, 1?90 access to the premises Aould bc alIcwcd to repair the equipment and the interior of the building, � 75c rent For the first five (5) years of the lease shall be 6% of the appraised value so long as the said amount does not exceed, One Thousand ieven hundred, forty dcl]ars ($174000) per month. If the amount exceeds One thousand, seven hundred, forty dollars ($1740^00) per month, this propusal will be null and void. Appraisal tu be paid by the lessee but not to excaed One Thousand dollars ($1000~00), the City of Kenai would ;ay ao, 6mcux4 over We 75oxs8nd dullars ($10=30)^ * The rent shall be adjusted at the conclusion of the first five (5) years of the leasa. At the beginning of the sixth year the rent shall be six (y percent of the appraised value of the subject premises. The appraisel shall oe ;ai6 for by the City and shail be determined by a certiFied MAI appraiser. �c ht any time during the ten.~yea,` lease term, the lessee' at its option, may purchase the leased premises~ The purchase price shall be the appraised value uf ihe Wased faciln�y as determined by a certifiW MAI aopaiser~ Purchaser shall pay all costs of the appraisal, the city will agree to rinance the puochase at 10% iuterest for twenty (20) years with twenty percent (20%) down, if the lessee elects to purchase the leased premises. Lcssee shall have the right to sublease the premises for uses and purposes which are in accord with the provisions of this leaso^ x 7he city will agree to return the four (4) picnic tables and add them on to the equipment inventory list~ � Mould this proposal not be accepted as written, then the Two thousand dollars ($2000^00) good faith deposit will be returned to the applicant. * - PROPOSAL SUBJECT TO QUALIFICATIONS OF KENAI MUNICIPAL CODE SIGNED: 1791-1991 CITY OF KENAI " Od Capdai 4 44w zlot " 210 FIDALGO KENAI, ALASKA 9"11 TELEPHONE 903 - 7S35 FAX 907-283.3014 MEMORANDUM TO: Kim Howard, Administrative Assistant City of Kenai FROM:��� ary R. Graves, Acting City Attorney City of Kenai DATE: October 9, 1989 RE: Dairy Queen Proposal_ - On Thursday afternoon, October 5, 1989, you submitted a memorandum to the Lega:i Department regarding a proposal to lease the former Dairy Queen facility. The proposal was submitted by Pete and Val Ischi. Your memorandum requested this Department review the proposal. KMC 21.10.030(a) requires all applications for lease of City lands be filed with the City Clerk on forms provided by the City. KMC 21.10.030(b) requires a development plan shall be attached to the City application form. The Ischi's should submit an application on the form provided by the City with an attached development plan. The lease application for airport lands and the development plan is then sent to the Planning & Zoning Commission for approval or rejection. If the Planning & Zoning Commission approves the application, it is sent to the Council for its approval or rejection. If the Planning & Zoning Commission rejects the application, the applicant may appeal to the Council (KMC 21.10.060). KMC 21.10.35(a) & (b)(1) provide that if the property which is proposed to be leased is already subdivided, the applicant shall file a $20.00 filing fee and a $2,000.00 deposit. The Ischi's have met this requirement. -1- Pursuant to KMC 21.10.100 and Resolution No. 89-37, the minimum annual rental for leased airport lands shall be six percent (6%) of the appraised market value. Thus, the minimum rental of the property must be six percent (6%) of the new appraisal. The Ischi's proposal for .redetermination of the lease rate after the first five years of the .lease period is in accordance with KMC 21.15.040 and KMC 21.10.130. In their proposal, the Ischi's offer to pay up to $1,000 for the appraisal, with the City to pay for any amount over that amount. KMC 21.10.35(c) determines whether the applicant or city shall be responsible for paying for the appraisal and when the deposit shall be returned. The City cannot negotiate away the requirements of KMC 21.10.35(c). To the extent the Ischi's proposal is inconsistent with that provision, it is unacceptable. My understanding from a conversation with you was that it appears as it the City can get an updated appraisal for $1,000. The proposal requests an option to purchase at any time during the ten-year lease period. KMC 22.05.030 allows the City to sell certain property by negotiated sale, provided the purchase price is not 'Less than fair market value. KMC 22.05.045 provides that the City may finance the purchase of land from it. The rate of interest shall be set by the City by resolution. The purchaser must pay at least fifteen percent (15%) down and the note may not run for longer than twenty (20) years, unless the Council approves a longer term for that specific piece of land. KMC 22.05.045(a)(2) provides that the City should secure a grantee index from a title company on the purchaser. If than report: indicates any delinquent liens or unpaid judgments, the City cannot finance the purchase. KMC 21.15.050 states that Council may provide for subleasing without prior approval, provided that any such subleases shall be subject to all terms and conditions of the original lease. Thus, the decision whether or not to grant the lessees such a right is a policy decision to be made by the Council. The option to allow the lessees to terminate the lease upon sixty (60) days written notice is not prohibited by the Code. Therefore, it is a policy decision to be made by Council. The inclusion of the picnic tables is also a policy decision to be made by Council. CRG/clf -2- { CITY OF KENAI P.O. BOX 580 - KENAI, ALASKA - PHONE 283-7535 LEASE APPLICATION Name of Applicant j�;_J'j F' 11701, Address �1Sf_21L� (fir C��Z�lz1 Business Name and Address L'�{S �,�J (,{�%3 Kenai Peninsula Borough Sales Tax No. (if applicable) State Business License No. (if applicable) Telephone -;d'. ^r'0 /- Lot Description Desired Length of Lease 104t. Property to be used for F4R CITY USE ONLY Dates laecsi'uedLIfy' Tim Y. DD l9nsftare aid t Description of Developments (type, construction, size, etc.) Attach development plan to scale (1" = 50'), showing all buildings planned. Time Schedule for Proposed Development: Beginning Date 01A. Proposed Completion Date a%Ar Estimated Value of Construction $ Date: %0- qf� Date: Signed: Signed: 1 CITY OF KENAI CHECK LIST FOR SITE PLANS ALL ITEMS MUST BE COMPLETED BEFORE APPLICATION CAN BE ACCEPTED Drawings should be drawn to scale 111- 50 ft.*, and must show layout of the lot applied for and the location of all improve- ments proposed. Drawings must show: 1. Existing buildings �-- 2. Proposed buildings 3. Parking facilities (how many spaces and where located) 4. Site improvements a. Areas to be cleared and method of disposal b. Proposed gravel or paved areas C. Landscaping plan (retention of natural vegetation and/or proposed planting areas) 5. Building set -backs `I 6. Drainage plan and method of snow removal it 7. Circulation plan (all entrances, exits and on -site access) 8. Location of sign(s) - sign permit required 9. Fencing 10. Curb cuts (where applicable) �f 11. Building height �( 12. Buildings on or near the airport on airport lands must complete FAA Form 7460-1 *This does not have to be drawn by an architect or engineer. N BUILDING INFORMATION On this sheet submit a drawing of building planned, drawn to scale. Scale: 1" = ft. Construction Materials (wood frame, steel building, etc.) THIS DRAWING SHOULD BE AS COMPLETE AS POSSIBLE Note: If a prepared drawing is submitted, attach to this application and disregard this page, filling in construction materials only. 3 C Description of Property CONDITIONS Of ACCEPTANCE (To be completed by the City) Annual rent rate or cost 7GliL Zoned for ��- Permits required Assessments Insurance required Construction must begin by /tz± Completion date for major construction THIS APPLICATION WILL BE MADE A PART OF THE LEASE Planning Commission Approval: By; K2 ;C� .- , Date of Approval 2�5- nC-- Chairman City Council Approval: By: , Date of Approval City Clerk 4 Remo a for Comfort! LA,Z*K)i. In -Stock For Immediate Delivery 1 i 41 Contoured frame with upholstered arms for comfort Wide -span chromed base rolls freely on large quality casters Back I a 1e'e Chair Work better, re- laxed! 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High density poly foam cushioning; seats have waterfall fronts, tailored border welts. Choose all vinyl or vinyl back with Scotchgard protected fabric feat. FRAME: in Tan, Black or Brown enamel. Fabrics: Apricot Burgundy Brown Black 13hown) . No. Style Upholstery 1-2 3+ 930 Executive All vinyl $119 $115 930F VinyVfabric 125 119 927 Steno All vinyl 98 95 927F Vinyl/fabric 105 98 905 Arm chair All vinyl 75 69 905E Vinyl/fabric 1 79 1 75 Tilt -swivel tension and seat height adjust with easy -grip hand - wheel... chair rolls on full -swivel casters C. it P"" �teOd Your allides>< 111les e Frelyrl Ship UPS Gripper Vinyl Mats, ideal for lo,• Gear vinyl with hundreds of "teeth iat in place! Lifetime guarantee. l/ Lexan Textured Floor Mats ar cur chair to glide smoothly withot iended for low pile carpet. 1-year gi Three Shapes: Specify T (T-s- (Secreterial). If none specified, T u Gripper Vinyl Mats Size No. 1-2 1 3-5 6+ 36"x48" 2481 $25 $22 $19 45"x53" 2482 29 26 24 2472 26 23 22 48"x60" 2484 32 29 27 2474 1 29 1 27 1 26 48"x72" 2485 69 67 1 65 2475 40 37 35 48"x96" 2488 89 87 85 2478 60 57 56 1 Attractive Oak, Affordable Now Handsome, cleanable olefin -acrylic fabric over premium foam gives these generously sized chairs a richness far in excess of their cost. 3" solid oak frames in medium oak finish. Swivel chair has oak -capped 5-span steel base. $119 9243 Ship UPS $179 9242 In -Stock Select oak Botha ay colm over steel base adds ��■ stability & ow. Rue slue 2 � , la / N t_.-. 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Sleek New Chm� Chairs Make At $179 High style and comfort go hand in hand in pillow -back executive chairs. 4" thick padding assures ongoing comfort; rich plush -type upholstery keeps a fresh face. Shells are reinforced with fiberglass for extra strength. Full 360° swivel -tilt on heavy-duty mechanism. Seat height adjusts 181/Z" to 221%' from floor. Polished chrome oval tube frames are 11h" in diameter, with 5-prong steel bases on 2" dual wheel casters. No. Item 1 1-2 3+ 811 High -Back $198 $189 822 Medium -Back 1 179 175 Colors: l Gray Sand Charbrown Toast Executive Swivel Chair 54. E1eAcaat Ci�t�rs Hard decisions need soft cushions... and here they are! Deeply tufted seats and backs are super well -padded; chairs are upholstered in nubby textured nylon olefin blend that wears like iron. Frames are brightly chrome plated, with hooded casters and easy swivel action. Choice of high back executive chair or open arm style. •r :189 In -Stock 709, Browm or Black 5 Year Guarantee 5 Blade Base /�,.,, for Support V w e',rs comfort and Safety Convey the right impression only your comfortable presence can produce. It's easy in this full size executive chair with oversize comfort! Tufted cushions are padded with 4" of fill, guaranteed to ease you through the rough spots in any day. Adjustable tilt mechanism has tension control. Five -blade chrome plated base offers support and safety; heavy-duty dual wheel casters provide smooth movement. Scotchgard-protected 100% nylon fabric is stain -repellent and fade -resistant. Here's the chair to choose for control, comfort... and continuing good looks. COLORS: Brown, Black. Operator Else zmcundve Comfort Secretarial, CRT operator Swivel arm chair for the work - chair with everything... now at ing executive. Wood armrests 44% offl Posture -assisted curve add comfort. Fully padded, seat and back, fully adjustable... posture -correct curved seat and it tilts, swivels, rolls on big cast- back. Triple chrome -plated frame ers. Triple chrome frame. with easy -rolling casters. Choose All Vinyl or Fabric/Vinyl combination Ships UPS Fabric '69$79 Blue Red Black Rust Brown 1' , 740M 710M Secretarial � Bye Mack BroMm Chair . r THE OFFICE PLACE High back rotary chair - Manufacturer: Chairworld List Price: $ 384.70 Our Price: 215.00 (x 12 chairs = $2,580.00) Colors: Chestnut or Gray - Oak finish Also available in lowback swivels THE OFFICE PLACE High back rotary chair - Manufacturer: Chairworld List Price: $ 410.60 Our Price: 228.10 (x 12 chairs = $2,737.20) Colors: Burgandy or Sapphire - Oak finish This chair is not available in upholstered arm as shown in picture IsrOW-VU vrrlair. AMU UWMVUTkH FUHNITVRf GATALOG 117 Mple.18t. ftW Apt 141 ' • OW ' 1-s794 I: VIP Executive Swiwla6In rich, fabric -backed vinyl over foam w N" c&y t. 100% Nylon letanC seela. tlNpa . Mrd IIIt1MipM abaqust- ment ofxcwrolsY�MIN **W beset: and arrrlreet NJppblts. ' Ae�ded SMIL DuMwheel carpet casters. Shown in Haft vinyl with matching Brick fabric: seal. AgrBctive in all oblifrs. See color chart. CA), JraMlges''Swivel. A majestic chair. Con- s a message of wisdom, responsibilitPily arll 4;rship. Offers firm cushioned comfort. 18rmreats. Sturdy fabric seat for year wmfgt.27"W x 28"D x 48 "H, Shpg wt . No. 2W .................. $259.95 ea. 3 or more $249.96 ea. Etcecutfve Swivel. Classic square - shouldered design with distinctive welt- ing. Shaped backrest for lumbat support, Loose cushion vinyl/fabric seat. Padded arm- rests. 27"W x 27"D x 33"H. Shpg. wt. �4 lbs. No. 2111 .. ...............$22US ea, 3 or more $214.95 ea, 1:'J Arm Chair. Substantial companion chair �✓ to our VIP swivel chairs on this page. Same pleasing proportions and quality con- struction. 27"W x 27"D x 33"H. Shpg. wt. 44 Ibs No. 2112 .. ............... $199.95 ea. 3 or more $189.95 ea. VIP CsIM11,00L Fahrie7Mltlltill Pale Black Wine lue Rawhde Henna' Henna Cuts 525.00 extra. All Chairs F.O.B. High Point, NC plant, freight collect or billed. MODERN OFFICE 837i _ _511 # 34 7'Sa!S t911k1en t?riMp, Eden Prairie, MN 55344 (Minnesota 612.941-2 z FAX No. 6121941.5794 ./ jLr..' 1 y ti7. ® $399;95 , (' O $ 8995 1 in qty. OHigh Back Swivel. Generously propor- tioned with 27" high back contoured for lumbar support. Fiexolator spring seat suspen- sion. Hardwood construction. 5-prong steel base w itfl matching wood caps in choice of Medium Oak. Dark Oak, Walnut, or Gray. Shown in Camel. Other colors are Black, Brown, Bordeaux. Mauve, Forest Green, Wedgewood, Navy or Grey. 22,12"W x 291/4"D x 45"49"H. Shpg. wL 59 lbs. No: 2618 ...... . ........... $359.95 ea. 3 or more $339.911 ea. OExecutive Swivel. An elegant combina- tion of rich, grainy Hackberry wood arms and textured Nylon upholstery. Three-inch foam cushions IM Seat and hack. Tilt/tension controls. Ste#base, with mod caps. Choice of Medium or Bark Oak, or Walnut finish. Shawn in Mauve upholstery, Other colors are Black, Brown, Camel, Bordeaux, Forest Green, Wedgewood, Navy or Grey. 241/2"W x 26W"D x 39.42"H. Shpg. wt. 60 lbs. No. 2619 ..................$299.95 ea. 3 or more $279.95 ea. ©The C.E.O. Executive Swivel. European styling and craftsmanship with euronomic adjustments for comfort artciai body sup- port. Seat adjusts for fixedr or 11 ng comfort — gas lift 181/4" to 211/4"H. see -inch foam cushions. Five-star steel base. Carpet casters. 241/2"W x 28"D x 43,-46"H overall. Black leather. Shpg. wt, 55 lbs. No. 2620 ..................$399.95 ea. 3 or more $379.95 ea. C.E.O. Chair In Fabric, Same as above with fabric upholstery in BluelBlack, Beige, Burgun- dy or Grey. No. 2623 ..................$359.93 ea. 3 or more $339.95 ea. �p Trim -Line Swivel Tllter. Fiberglas rein- forced shell. Pillow -type seat and back cushions. 27" high back. Triple -plated chrome frame. Tilt/tension comfort controls. Seat height adjusts 18'-22". Five-star steel base with carpet casters. Olefin fabric in Black, Midnight Blue, Brown/Black Tweed, Grey, Charbrown, Sand or Grey/Brown Tweed. 27'W x 27"D x 421;12'- 461/2"H. Shpg. wt, 57 lbs. No. 2621 ..................$224.95 ea. 3 or more $214.95 ea. Matching Chair. Soo 'fabric colors above. 241/4"W x 26"D x 40"H. Shpg. v4 46 Ibs, No. 2624 ..................$179.95 ea. 3 or more $169.96 ea, OHigh lack Executive Swivel. Tilt/height controls. 100% Nylon fabric over foam seat and back. Solid Oak arms and 5•pron base, Choice of Medium Oak or Walnut firtii Dual wheel casters. Pictured in Brick colors: Black, Btowm Na Mocha, Burgu Russet, B qe and P Blue. 2$'W x x 40"H. Shpg. wt. F0 ihps: FO,B. NO plant, freight collect or billed. No. 2567 ................. $419. A. 3 or more,l 010. Executive Swivel. Tllt/t1 t arltrp�a Thick, fire retardant foam p=irlg for rlrr back support and seating Ocim to Seim is 1 ' W x 19"D x 20'-24�/a'H. Batik 28"H. g casters. 2T°br x 27ls x 43 Choose all fabnc uphgfstaryi in h a-r v�y ",,"rift:' ':'7111. •+.'1 :r : , i?, ,x.rr ;irrr•a vr: 1EI nr, F.U.I. Closest plant. No.2635 ..................$199.95 ea. 3 or more $189.95 ea. MO©E"N OFFICE 1 1 7545 Golden 'mangle Drive MN i Eden Prairie, 5344 (Minnesota 612.941-9W 117 FAX No. 612/941-5794 35 0 �............ 441121495in ,. D—decorativtfe...> inilalborid oftef decor. Alt" 01 ilook of succour at ailonlrNplhlr Cootdrtiiiiipd Seating in budw-tu 1081111t1 f'ler culon 1WVt cyair foam cushion *4 books. Solid Oak Oa with choice of krF*lllrri k or Walnut 9rlishrve prong Oak b** wkh dualk wheat calliltift, Shown in duuatllle Herl Ork"fab;'. ric—color OdI 4011, oath Mea iaarrt Oak + frame. 101l Nylon in decorator colors (add 2(00%) also available, see color Chart below. Exacillidive Swivel. �✓ Shown in Oatmeal withTA�d Oak fheighlrame. For 10D%Ny lon decorator colors (old r".OW glee color chisirt bebw. 27"W x 29 "D x �0"H. Shpg. wt. 51 " Ake, ' 6tli ...................0;M94 Ga. 3 or more $314." as. Q, Rpm Arm Chair. Shaun in Oat- nMlfal with Medium Oak frW4. For 100% Nylon �+I�olors (( 'wci qaa chart below, 1T01 , f) x 37'" H. Shpq. wt. 401bs. No. ....... 9 ea, 3 or more �.9i ea. OSecretarial Posture Chair. Shown in Oatmeal with Medium Oak frame. For 100% Nylon decorator colors (add 20%) see MODERN O FRCE 8 7gi.Ki Golden 1hangle Drive Soler+ Prairie. MN 553 (Minnesota 612-941-2837) chart below. 25"W x 25" D x 29"H. Shpg. wt! 34 lbs. No. 2M ................1. $224.95 aat. 3 or more $214.95 ail. Swivel. A dramatic chat bentwood arms and exq Afters full support vli h ' ht .exnr"s. Hardwood fralrrle with iNdMA fAsh. Five -prong base. I wheel Cast . Standard fabric is 100% OfW in W a tshowin) or Mahogany. Prern. n uOklistary in 10 colors (*a is 20% e9tirs. For genuine solid q&k. frame add 525.00. Chair is 25"W x 27"D x 43" H. Shpg. wt. 63 lbs. No. MN ........... ..... ..53S9,95 ea. 3 or morel$324.96 6a. IR ® art tteu Pit or WAW" 6eet"., milst-4tleel flY fabric �i� P*r 4:hart, x vo x 3T'H 6iiW-all,OW rrt. 29 lbs. No. 2W ......... 3 or iii6a .0 Seat is 20Ys"W x 22' D; back 20%',W x 14' H. Choice of Medium Oak or Walnut futiayh oak frame. Premivarl nylon fabric staprrilleld—see color chart. 23"W x 25"D x 33"H overall. Shpg. wt. 37 lbs. No. 2589 ......... ........4249.95 es. 3 or more $1189.95 as. OOak Frame Executive Salhiel. Till/height controls. Thickly padded $aa0 and k. Upholstered arms. Solid oak tra�ri and boom in your choke of Medium Oak or Walnut firish. Dual wheel casters. Seat is 201/ 'W x 17Ya''D; back 201/2"W x 20"H. Premium nylon fabric stanoard—see color chart. 24"Wx 27"D x 39"H overall. Shpg, wt. 50 lbs. No. 2590 ................. 4334.95 ea. 3 or more $314.95 ea. 100% Nylon Fabric Colors Black B N"Hurter Barley Fawn Rusaet�i Back Steel swe F.O.B. closest plant. freight collect or Wiled. 36 L�ivnW(,(, fwu c t vac' � r Contemporary design executive seating Handsomely styled seating in 100% nylon Scotchgard fabric over foam padded seats and backs. Soled wood frames with cushioned arm- rests. Five prong steel wood -capped base fin- ished in Walnut or genuine Oak, in Natural or Medium finishes. Dual wheel casters. See color chart below for choice of 10 decorator fabric colors. F.O.B. KY plant. OContemporary High -Back Swivel. Tilt tensionthelght controls. Shown in Barley with Medium Oak base. Seat is 20"W x 20"D: back 251/2"H. See fabric color chart below. Shpg. wt. 62 lbs. No. 2579 .................. $289.95 ea. 3 or more $274.96 ea. Contemporary Low -Back Swivel. (Not shown.) Same as above with 20"W x 201/2"D seat. 19"H back. See fabric color chart below. Shpg. wt. 58 lbs. No. 2590 ..................$264.95 ea. 3 or more $249.95 ea. lJ Matching Arm Chair. Seat is 20"W x 20"D. Overall 3312"H. See fabric color chart below. Shpg. wt. 36 lbs. No. 2614 ................ $199.96 ea. 3 or more $189.96 ea. QSled Base Guest Chair. A sturdy, strong, good-looking chair with quality you'd expect only from a chair costing much more. Full framed support under seat. Spring cushion. Padded contoured backrest. Pictured in Brown wdth Medium Oak frame. Seat is 201/4 "W x 20"D; back 15"H. Fabric color chart below. Shpg. wt. 36 lbs. No.2582 .................. $179,95 ea. 3 or more $169.95 ea. Op Conference Chair. Ideal for conference room, general office or lounge. Tilt ten- sion/height controls. Base available in Oak, Walnut or Chrome. OuickShip in Stone Gray or Mocha (shown). Other colors below. Seat dimensions: 171/2"D x 20"W x 16"-20"H. Shpg. wt, 36 lbs. No. 2586 .................. Stf79.195 ea. 3 or more $1169.95 ea. New Budget Group OBudget Guest Chair. Perfect for recep- tion area, conference room or office. Con- toured seat and back for comfort. Fabric upholstery. Solid oak frame in either Natural, Medium Oak or Walnut. Seat: 201/2''W x 201/ "D. Back: 201/2"W x 11''H. 32"H overall. Colors: Brown, Beige, Burgundy, Blue, and Gray. Pictured in Walnut and Beige. Easy to assemble. Shpg wt. 27 lbs. tips No. 2583 . . $124.95 ea./3-5 $119.95 ea. 6 or more $114.95 ea. OBudget Low Back Swivel. Comfortable 5' foam seats. Tilt tension/height controls. Fabric upholstery. Five prong steel base for sta- bility capped with solid oak in Natural, Medium Oak or Walnut. Seat: 21 V2"W x 2211z"D. Back: 201,12"W x 16"H. Colors: Brown, Beige, Bur- gundy, Blue. and Gray. Pictured in Medium Oak and Burgundy. Easy to assemble. Shpg. wt. 53 lbs. ups No. 2584 ............ ...... $199.95 ea. 3 or more S189.95 ea. OBudget High Back Swivel. An excellent value. 5" thick foam seats. Tilt tension/ height controls. Fabric upholstery. Five prong steel base for stability capped with solid oak in Natural. Medium Oak or Walnut. Seat: 2114"W x 221h"D. Back: 211h"W x• 25"H. Colors: Brown, Beige, Burgundy. Blue, and Gray. Pic- tured in Natural Oak and Beige. Easy to as- semble Shpg. wt. 55 lbs. ups No. 2585 ................. $229.95 ea. 3 or more $219.95 ea. FOR closest plant, freight collect or billed 100% Nylon Fabric Colors Items: A, B, C & D Gray inn ' avy Wne Heather Barley Pa�ertt Mauvie rai Blue MODERN OFFICE 1 7545 Golden Triangle Drive, Eden Prairie, MN 55344 (Minnesota 612-941-2837) .& a FAX No. 612/941-5794 3.43-7 0 $11495,y. in qty. O $18995 III A $27495,Y 37 Prestige chrome frame CWTIM-l"-porary office seeing Offers evzollent quality at a good price, The dis- height above seat is 17". 5-star chrome steel base tinctive took of heavily chrorned oval tubing im- with dual wheel casters. 23'W x 25"D x 34"H, parts extra richness to this contemporary office Shpg. wt. 41 tbs. W, seating. Cushions are tilted with luxurious multi- No. 2654 ............. $189.95 ea. 3 or more $1?9.95 ea. wearing 7HA Stone {shown). See color chart Posture Steno Chair. Features special for choice of decorator colors. finger-tip back pitch adjustment plus tilt/ height controls. Seat is 18"W x W'D—adjusts OHigh Back Swivel Titter. Tilt/height con- 16'-'20"H. Overall 18'W x 19"D x 34"H. Shpg. wt. 29 lbs. 43 trots. Seat is 20"W x 18"D—adjusts IT -TV' - No. 2655 $1 19.9S ea. Back height above seat is 25" 5-star chrome steel bus with dual wheel casters. 23"W x 26"D ............ 3 or more V 14.95 ea. x 40-"'H. Shpg. wt. 48 tbs, ".- OD Wed Base Arm Chair. Seat is 20"W x No. 2586 .................. $239.95 ea. 3 or more $229.95 ea. 18"D. Back height above sew as 19' Over- all 231/2"W x 26"D x 34"K Shpg. M. 32 lbs. Low Back Swivel. Tilt/height controls. Seat No. 2656 .................. S149.95 ea. 3 or more $144.95 ea. is 20'W x 18"D—adjusts 17'!21"H. Back 1 W 0 $22990 in qty. MODERN OFFICE 7545 Golden Triangle Drive Eden Prairie, MN 55344 (Minnesota 612-941.2837) 1-800-"3-01,11 FAX Na $12/941-5794 -0 Crisp, clean, comfort -engineered office seating. Comfortable, hard nean:rg and aftractive. You have to sit in these chaimlo apprematia *M how comfortable design eiambarce can k3s. Feature gracefully curved=WspuMerchoon oulouc- son. Thick, scut baft we "a Cushions NVW bilim Upholl"id arms. Oulck' hip odors we Bkwk MoChis and Stone (shown). See COW chart for Choice at demstor odors, $w" Arm Chair. Fealluires ta Lock ad- j ustment and Sft height contrails. Seat is 18"D x 19'W Adjusts 1519-1-1 Back h ht is 15". Five-star steed base 23W x 23­0 x 30 4"H rt overall. Shpg. %%1. 36 tbs. 110 _;g7ayi No. 2657 .................. 1160.96 ea. wti 3 or more 61"96 ea. Same as above with gas illft height coritral. W. No. 26S8 .................. 82M." ea. 3 or more $194.95 ea. O Staid Base Side 'W 2" Choir. Seat is IS x 19"D x 18"H. 3'W x 23"D x 31"H over- all. See colors above. Shpg. wt. 25 lbs. No. 2659 .................. 5109.96 ea. 3 or more $104.96 ea. Ak All chairs F.O.B. closest plant. J CoWupbd' to cheir "mot Q 0Y" Offers now sty" plus a selection of $12995 frarns and fakl5c fiat give you an array „ - In qty. Jdf pd*Me CoW C*mtrinamions. All chairs feature r generous foam paddrttg ovw comfort cutvetl .: plywood seats and backs, high -strength, 16- gauge OW tube teases and frames, and mold- ed armrests. 100% Nylon upholstery is both fire - retardant and treated with ScobIVrd Fabric Pro- tector F.O.B. closest plant. O Managerial Low Back C 119 wTAtlles si nX height 16':19"H. Back is 15"H. Overall 23 4b x 25"D x 33-37" H. Shown in Black/Smoke. Shpg. wt, 35 lbs. Wi No. 2660 .................. $139.9111 ea. 3 or more S129J5 ea. s. OManagerial Mid -Back Chair. Tilutension/ Q # height controls. Seat is 19"W x 18"D x 16'-19" H. Back 211h"H. Overall 23"W x 25"D x 37=41" H. Shown in Taupe/Sand. Shpg. wt. 42 Ibs. UP No. 2661 ..................$159.95 ea. 3 or more $149.95 ea. r,� OOperational Chair. Flex -back with tore/aft and height adjustments. Seat is 19"W x - 18"D x 16'=19"H. Back 15"H. Overall 19"W x 25"D x 33'-37"H. Shown in Gray/Mauve. Shpg. wt. 29 lbs. Uft No. 2662 ............. I .... $129.95 ea. $12�95 3 or more $124.95 ea. in qty. Op Sled Baas Guest Chair. Wall -saver legs, molded armrests. Seat is 19"W x 18"D x 17"H. Back 15"H. Overall 23"W x 25"D x 32"H. Shown in Wedgewood/Sand. Shpg. wt. 33 Ibs Unassembled.. c No. 2663 .................. $124.95 ea. 3 or more $119.95 ea Quick Ship Cobr Combinations —Page 41 Frame Color / Complementary Fabric Color OC %%% Woke PuFe r'H±+r ra okenn Claret , t sup' Sand Frame also available in: i Putty, Ruby, and Wedgewood Blue �� ! Fabric also available in: - Claret, Scarlet Red, Royal Blue, Navy, Black, and Brown. Any combination available. MODERN OFFICE 17 7545 Golden Triangle Drive, Eden Prairie, MN 55344 (Minnesota 812-941-283n ="000 FAX No. 612/941-5794 41 1. $9c9195 Q $999 42 $1149in 5 0 $7095 vin qty. O $74195 w W 96495 '9in qty. O $8995 $44in 9 5. in qty. i extureo raoric Upholstered Seating with Rugged Unitised Frame. Buttontessdufted woven nylon/acrylic fabric over 3V2" foam on seats and backs. Rein- forced seams. Polished chrome frames and bases. Six colors. ®Arm Chak. 22"W x 24"D x 32"H. Wal- nut arms.::(3WW. Shpg. wt. 2:8 lbs. No. 2079 ... ..............$109.95 ea. 3 to 7'1#104.95 ea.l8 or more'r;II9.95 ea. 0 SecrelrihNi Chair. Ha�ht/tilt controls. Posture back. 19"W x 22"D x 29-37"H. Shpg. will. 32 lbs. x" No. 2060 ....... ..... $124.96 ea. 3 to 5 $119.95 ea.16 or more St14.95 ea. OExecuitivNr Heightitift controls. Walnut antwa. x D x 32-37"H. Seat 16.21 'H. fig. wt. 44 tbs 4M No. 2079 ..$134.96 ea. 3 to 5 $124.95 ea-6 or more $119.95 ea. Fabric Upholstery Calera-43iiairs A, 9 & C II Me 'flwn Willaw mist ftir cha+ww. tIIGawi F.O.B. NJ plant, freight sowed or billed. Vinyl -Clad Chairs with All -Season Fabric Seats Op Executive Swivel. INeighttlalt controls. 221/2"W x 221/2"D x 33"H. Shpg. hut. 32 lbs. See colors Wow. I" No.2025 .......... .......$109M ea. 3 to 5 $104.95 ea./6 or more 999.96 ea. OArm Chair. 221/2"W x ZY)44 D x 32". Shpg. wt. 21 ins. See odors below. No. 2026 ..... . ............. $89.95 ea. 3 to 5 $84.95 eeuS or more S79.95 ea. OSecretarial Chair. Fixed back r eighutilt controls. 18" sq. x 32"H. Shpg. wt. 26 lbs. Add 10% for chair vo* 4-wa9 Maure back. See colors ,ielow. jo No. 2028 .......... ......$84.95 ea. 3 to 5 579.95 ea.,ta or more $74.95 ea. Designer Coleys FwGuiys O-F- Mauna Rciy ail Blue. Navy. Red, Seafown. Burgwid% Bircisim Black, Grey. See color chart K•N; .Dage 43. Good Quality Traditional Office Chairs Vinyl -clad foam padded seats and tacks Op- tional woven faltxic, atmeelther seats. Steel frames. Welded steel tosses See hop of piai;ie 43 for colors. F.O.B. dosew {kart. OExecutive 'Safi pl. lit tenoxx Ihaight controls. Composlaw arrrha *$Mded tube steel frames. SM is I#Vj" x I1---adjttsls up and down 4". Ek iek is 1611/2" x 1254". Choice of all vinyl or virryi1kabac seat a rviiiiirhsaim. 2" casters. Shpg. WL 38 tbs. illai, No. 2175 ............. *.- - - . $12Y 96 ea. 3.5 $124.95 ea,f or more $119.96 ea. OSteno Chair. Ad)ustable posture back with spring tension. Seat is 17" x 15'= adjusts up or down 4 Sack is W x 9". Choice of all vinyl or vinyl/fabric seat combination. 2" casters. Shpg. wt. 32 lbs. tips No. 2176 .............: S99.95 ea. 3.5 $94.95 ea./6 or more $89.95 ea. �j Side Arm Chair. Full-size stationary side chair Padded arms. Seat is 181/2" x 17"; back 161/4" x 121/4". All vinyl or vinyl/fabric seat combination. Shpg. wt. 22 lbs. No. 2178 ................... S74.95 ea. 3.5 $69.95 ea./6 or more $64.95 ea. lawn the while and yellow copes 2 Games of Chance and Contests of Skill 14lp . of V"41 and to: Aim of Rev nue MONTI C T APPLICATION d Icana AuM DMftn I►a 06. w aska 9M.040o Please read the instructions before completing this application. 1. NAME OF ORGANIZATION S. ESTIMATED 1909 0 RO'SS RECEIPTS F_. / ratiU,4eV of 11-/crr_ Mailing Address T 6A. RENEWAL APPLICATION Most Recent Year Permit Number:c " Issued: Attach the following: City, Stabs no Cow— n 9 Current Alaska membership list (must have at least 25 members) 2. Vft OF ORGAINIZATION. 3. EVENT SCHEDULE During the ❑ Copy of amendments to bylaws, if any Check on* 0ox. For definitions, calendar year, you may apply for 68. NEW APPLICATION sell AS 05.' 62M and 15 AAC either one permit for an event 105.fl10.W0. lasting no more than three con- Number of Years Organization ❑ a. Charitable secutive days, or for up to three permits for events tasting no Has Been in Existence in Alaska: ❑ b. Civic or Service more than one day each. A Iday" Attach the following: ❑ a Dog Mushers' Association Is any consecutive 244sour per- Tod. You may apply for only one ❑ Current Alaska membership list (must have at least 25 members) ❑ d. Educational event" on this application. ❑ Certified true copy of articles of incorporation, or if not incor- ❑ e. Fishing Derby Association porated, copy of bylaws and national and state charters TO BEGINNING ENDING ❑ Copy of IRS certificate or letter of tax exemption issued to non - DATE DATE ;, profit organizations, if applicable ❑ g. Labor ❑ Documentation showing organization has been in existence in ❑ h. Municipality BE d- 4 �F_C i, f18Y Alaska three years or more ❑ I. Non-profit Trade Name and Mailing Address of National Organization (if applicabley Association ACTUAL HOURS OF OPERATION ❑ j. Outboard Motor Association ❑ k. Police or Fire Department and Company ❑ 1. Political 7. FEE Check the appropriate box and enclose the correct amount. ❑ m. Religious ❑ n. Veterans If gross receipts from all Then the 19M gaming activities were: Permit Fee is: 19 t0419999; or if you are a New Applicant ......... $ 20.00 4. ORQANIZED AS: Corporation ❑ Other ❑ $20,000•t99,999 ............................. $ 50.00 ❑ $100,000 or more ............................. $10D.00 aLOCAL 0 FICERS (moat be currant, bona fide members in good standing) NAME TITLE SOCIAL SECURITY NO. DAYTIME TELEPHONE NO. �ORMA MPrPEs >�i('F_S�D6N% .S"3�-3;� —� 44/ 5y =are. V? —.2e.9 — 7,31 k. -zf T Pit-scl eFz_- bt3-Z `ln-7�TII c' s �F Kic�. i ,B•.1°R-ZfR_ n �s. FOR DEPARTMENT OF REVENUE USE ONLY Date of Receipt Stamp Permit Number. Date of Issue: Financial Statement ❑ Yes ❑ No ❑ New NOTICE GAMING ACTIVITIES MAY NOT BE CONDUCTED UNTIL THE PERMIT IS ISSUED. �rnr oFrts Pro. t tA� > PLEASE ALLOW AT LEAST THREE WEB M FOR ROM OF THE PERMM 9. OiBDICA"" OF NET PROCEEDS. Before a permit can be granted, the organization must plan to use the net proceeds from panting activities for the soleirding of prizes, and for poliftel, a0ir6011onal, otvic, public, charitable, patriotic at "lous uses in Alaska. instructions for specific rules on how pmoseds can anti cannot be spent.) In the space below, tell how your organiratlon plant; to use the not pnocssds from the gaming activities. as specific. .SG l 1e) 1.4 !z.- S hJ-t' F Ft N --b F0 e__ c. r- 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 rrsponsibls for maintaining the records and preparing all the required reports. An alternate member must be drsignaaad as the responsibf® 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 N74-,6e- F-4p- ie-h4F-.a" Daytime Telephone No. .742-47--31 Name [i tt DaytimeTelephoneNa .783 341 Mailing AOdrest) �83-X�,�, iai tls6rity Na Mailing Address social security Na City, Stater, Zip Code �/do�r� �. qqG4� City, State, Zip Code 11. LOCATION OF ACTIMIES. Specify where the games will be conducted. If this location changes, you must notify both the Department of Revenue and the localgovernment within 10 days. Name and Street Address of Premises' / Daytime Telephone No. of Promises 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 • , 'j; . , Copy of Contract with Operator. ,c / /1 Va 4 u Al F I: � 1^ S ❑ Is Attached ❑ Will be sent by certified mail no later than 15 days before the - • /Y lT 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? ❑ i J 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. N 14. SIGINATURE. This application must be signed by the primary person in charge of games listed in 10A above. CAUTION: A photocopied .per signature will not be accepted. Make sure that the original signed application is filed with the Department of Revenue. under penalty of unsworn falsification that I have examined this application, including any attachment, and that to the best of my pe and belief It is truioand complete I understand that any false statement made on this application is punishable by law.1 further declare Copies of this application either have been or will be delivered to the nearest city or borough office for review. 4 44 1. F 7 z.1='I loezo, /cif APPROtAL REQUIRED BY LO LAW ENFORCEMENT AGENCY Before filing your application, you must have it approved by the law enforce• msnt agency which has jurisdiction over the location of the proposed activity. The statement below must be signed before a permit can be -'"$sued nc,.. " Wie approve the schedule of Monte Carlo activities as specified on this application. gnat ure of Law Enforcement Agency Official Date Telephone Printed Name of Person who Signed Above TitlelPosition Name of Law Enforcement Agency td. CITY OR BOROUGH RESPONSE TO APPLICATION. In addition to the local law enforcement agency approval, you must also submit two copies of this application to the city or borough nearest to the location of the proposed gaming activities. To speed proceseing, please have the ap. propriste local government official indicate, by signature bekrK the community's approval of or objection to the permit CAUTION: H this section Is not completed, the permit will be delayed 15 dayra 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 t Officbm Nle Date npd Named Signed Telephone Na 'i: .. �.'. .. � •. 'ft _'.:+iif.,CG '!V �itl _. r;�tu. �:3 ::I.:�fS Y'3fAO^ y ! r ,: �:y ,-gin:• ..... :v.�rttn ._.;Iui:r ms ARl AMBERSHIP ti- Septembe 1989 NAME FIRST NAME ADDREW CITY STATE ZIP CARD PHONE Benefit N Bone STATUS rani ChwkMe Box 370 094a Junction. AK 99737 373 Son Aaw G. 818 AK 99672 451 Judy Box 751 Kemal. AK 99611 283-5i 20 n Leone C. Mfdmenhowor Xqnq4 AK 99511 450 -5958 Debby 478 AK 99669 1354 385 262-6191 )s Dorothie Bax 3876 rwok AK 99611 205 283-7368 pd Sally Box 12M Kenai, AK MI 283-5408 an Ekanor turf 868 KwW. AK 99611 358 203-9072 per B, J. Box 3595 $ �►rd, AK 9M-4 324 224-7099 it Mdna 2743 , AK 90811 212 28 7408 Box 3717 1 . AK 99611 71 283-7751 pd Jan C. 1 N. Boulder Hwy. n. Nl/ 69015 436 NS-6201 )n Sox 2725 AK 99669 322 M-3281 Box 26M -_ _AK 99669 3201M7981 y Norma Box 718 S ftfa. AK 337 282-4565 pd 40 Ahonda Box 2236 SttldOtna, AK 99669 445 262-4441 fwiok Patricia $ax 4522 Spa. AK W69 290 262-7847 Taint Helen Box 7062 N AK 99M 7 776-8418 ch Gk)tia 4818 Niewood San lo, TX 123 ielto Henrietta 204 Birch St. Kwok AK 9W11 463 2WO242 Valerie Su 8173 NkWd. AK 99M 312 Debbie Box 2321 Kenai, AK 90611 446 Joan H. Box 2188 Sokftvk AK 99669 453 262-9824 pd mRnft Box 1862 Kai, AK 99611 349 2W5079 pd 4asitt Frankie Box 7305 NIdskl. AK 99635 254 776-8901 pd r 3123 AK 99611 332 283.4640 J. 7121 1 id._AK OWS 4� 77 _ 1 pd ®witz Cardyn Sot 2592 Ksai. AK 99611 405 283-MS .Sandra Beaver loop Road K AK 99611 411 293-4151 pd e 8�r 4W8 Kw ai, AK 99611 441 7294 aim Box 3427 Soldotna, AK 99669 434 262-7424 ws0n Fag 105W County Rd 8155 Salida, CO 81201 296 1791-1991 CITY OF KE..... 1110d &J 4i"4aff " m11 TeLs""M 30S. 7535 FAX 907-283-3014 October 24, 1989 TO: Council FROM: John J. Will' s Mayor The following is a trip report in highlight regarding my three day meeting with legislators and Railbelt hearings on Oct. 19, 20 and 21, 1989. I attended a legislative hearing on senior housing needs in Anchorage chaired by Sen. Pat Pourchot that included the presence of Senators Pourchot, Uehling and Duncan; and Representatives Boucher, Ulmer, Finklestein and Zawacki. I testified at length regarding the congregate housing project and then spoke two more times with information regarding other types of housing and costs associated with that housing. I found some resistance on the part of Rep. Ulmer and Sen. Duncan, primarily because they are opposing legislation that would allow for financing of these kinds of projects by municipalities and nonprofit organizations through Alaska Housing Finance. Keep in mind that Sen. Duncan and Rep. Ulmer sponsored and obtained some $10 Million in funding for the last pioneer home to be built which ultimately was constructed in Juneau, their home district. This was done in 1987 during a period of time when everyone was sure the State was going broke. I have a feeling that this kind of smacks of "We got ours, forget yours." None the less, it was warmly received by several other members of the committee. On that same day, I also had lunch with Ashley Reed and brought him up to date on our plans and asked him to attend a meeting that I have set for Nov. 6, 1989 at 7:00 PM with the Council and our Legislators. Later that afternoon I met with Attorneys Boyko, Breeze and Flansburg and Special Counsel Joe Josephson. I had the TO: COUNCIL OCTOBER 24, 1989 PAGE 2 pleasure of wishing Edgar Paul Boyko a very happy birthday. The gentleman is 72 years old and still practicing vigorously with his firm. A separate report concerning my meeting with Bob Breeze has been sent to you. Later in the day I had the opportunity to attend an afternoon session of the Alaska Federation of Natives annual convention and that evening had dinner with a couple of lobbyists from Juneau and discussed congregate housing and other matters of interest for the City of Kenai. On Friday, Oct. 20, 1989, I attended the Legislative Budget and Audit quarterly meeting. In attendance at that meeting were Senators Kerttula, Sturguslewski, Rodey, Binkley, Fischer and Duncan; and Representatives Larson, Hoffman, Phillips and Davis. Others in attendance were Commissioner Hugh Malone, Murph O'Brien of DOT-PF, Sally Smith from the Div. Retirement & Benefits and Alison Elgee, Governor's Office, Div. Budget Review. I testified on the congregate housing program, received and answered very good questions from several members of the commission. The whole matter seemed to be received very warmly, especially from Senators Kerttula, Fischer & Larson and Rep. Davis. Once again Sen. Duncan was at this meeting, and while he openly did not oppose the concept you could tell by body language he was not very receptive to the idea. We are continuing to push on this matter. Saturday, Oct. 21, 1989, I traveled to Wasilla to meet with the Railbelt Coalition of local government officials and the Quad -Borough group. This turned out to be a very large meeting that lasted all day and included members of local government of all municipalities and communities along the Railbelt from Fairbanks to Seward and the Kenai Borough. There were even representatives there from such small obscure communities as Cantwell, Nenana, Healy and Anderson. Mary Halloran and Former Rep. Spohnholz also attended. Among topics of discussion was the recent multiple funded economic evaluation & planning of Cook Inlet Marine Transportation System, partly paid for by the Kenai Borough. A copy of the first phase report has been forwarded to the Harbor Commission. The report proposes Hovercraft ferry service between ;Anchorage and Kenai with potential passenger portaging of that Hovercraft utilizing Kenai Dock facility. It was agreed that the two Boroughs should progress to phase 2 of the report. I found the report extremely interesting and if you would care to review it, please see Clerk Ruotsala for a copy. We discussed at length the City's most recent expenditure of $5 Million toward the development of transportation TO: COUNCIL OCTOBER 24, 1989 PAGE 3 infrastructure at both our airport and harbor and its impact on this State. The Education Endowment Fund was discussed at length by Mary Halloran and members of the group and a resolution was called for. And finally the development of a program to split up the Railbel;t Energy fund was discussed and basic agreement accepted by all (Some 50 members who voted for it) as to the disbursement of these funds. The disbursement agreed to is as follows: $135 Million to be disbursed in the following manner - 1. $65 Million for the construction of the intertie system from Bradley Lake to the new and under construction tie line being built by HEA. 2. $60 Million for construction of a new tie line from Healy to Fairbanks allowing for a fuller delivery of Bradley Lake power to Fairbanks. 3. $10 Million for the reconstruction of the intertie from Lawing to Seward. 4. $18 Million to be shared with the communities along the Railbelt including Nenana, Healy, McKinley, Cantwell, Houston and Whittier. 5. $75,200,000 to be split out to the four boroughs of Fairbanks, Mat Su, Anchorage and Kenai. A tremendous amount of discussion and dispute over the disbursement of the $75,200,000 ensued, as you can well imagine. It was originally decided that it would be split evenly with each community getting some $19 Million. However, as could be expected, Anchorage protested heavily. We finally agreed that we could not arrive at a compatible decision on this matter and that in all probability, if the money is disbursed at all, the legislature would be the final dividers according to their distribution. We agreed to lump to $75 Million in a pool and let the chips fall where they may. Finally returned to Kenai to participate in activities more related to the Mayor's personal life. The cost of the entire three days was approximately $400 which I believe to be well spent, especially considering the major lobbying effort that was conducted through a great number of legislators. TO: COUNCIL OCTOBER 24, 1989 PAGE 4 On Sunday, Oct. 22, 1989, I had the opportunity of meeting with Sen. Szymanski and Rep. Zawacki and members of the Nikiski community group. Sen. Szymanski and I were able to discuss the congregate housing and its merits. You will note by the Tuesday, Oct. 24, 1989 edition of the Peninsula Clarion that the Nkiski group has joined us in our efforts to secure the congregate housing facility. I let them know that we very much appreciate their efforts on our behalf. JJW:jr 1791-1 CITY 4F %Od CapiW 4 4" 210 FIOiALGO KENAI, ALASKA 9"11 TELEPHONE 283 - 78M FAX 907-283-3014 October 12, 1989 Alaska Railroad Box 107500 Anchorage, AK 99510 .. Attn: Frank Turpin President and CEO Dear Mr. Turpin: The Council of the City of Kenai has asked that I correspond with you regarding future development of the -Alaska Railroad. More specifically, the Council is interested in knowing whether or not the Alaska Railroad system has any plans to build additional track from Moose Pass down the Kenai Peninsula. If my memory serves me correctly, many years ago surveys were completed and a route to Homer was established. But, of course, history has shown nothing was continued. I would enjoy hearing from you in this matter and would enjoy even more having lunch with you at your convenience one afternoon in Anchorage. Thank you in advance for your answers to these questions. I remain cordially yours. cl'�'1_211`_e C.F: ;ohn'Jlliams i Mayor JJW : j r P.O. Box 107500* Anchorage, Alaska 99510-7500 October 18, 1989 The Honorable John J. Williams Mayor City of Kenai 210 Fidalgo Kenai, AK 99611 Dear John, LEI I This is in reply to your letter of October 12 suggesting that we meet to discuss Alaska Railroad plans for extension of rail service into the Kenai area. We would be very happy to meet with you and, if you desire, any members of your economic development council. to discuss the possibility of providing rail service to the Kenai. I would like to have my marketing and engineering managers in the meeting which would be a total of about four people. We would, of course, be happy to host the meeting here in Anchorage, but if it is more convenient for your group, we could come to Kenai. Dates may be a bit more difficult, but we would be available the afternoons of October 23, 26, or any time October 27. In November. the afternoons of November 6, 7, 8. 13, 27 or any time November 9. 14. 21. 22, 29, or 30. Please give me a call at 265-2403 when you select the most convenient time for you. As we discussed last Friday, we think the most economically attractive project would be to consider rail barge service for the Kenai area although we have not made any definitive studies to confirm this. A rough analysis of the market potential and the estimated costs for such an operation would certainly be the first step. Regards. F. G. Turpin President and Chief Executive Officer cc: R. J. Knapp F. C. Weeks 1791-18� i CITY 4F K " ®il Oajaiiai 4 /41" " 210 FWALW KENAI, ALASKA 99911 TELEPHONE 283-7535 FAX 907-283.3014 October 24, 1989 TO: Council FROM: John J. Williams ---- Mayor In light of the request from the last Council meeting for information regarding the Permanent Fund and the Governor's Endowment Fund for education, I am enclosing several booklets explaining the complicated operation of the Permanent Fund and a pamphlet explaining the Governor's Endowment Program. This topic promises to be one of the major issues in the upcoming Legislative Session and the General Election. During my recent meeting with members of the Legislature and other members of other municipal governments along the Railbelt area, this item was a topic of major discussion. You are all pretty much in agreement that it is becoming a major issue, the general public should receive the broadest information possible regarding its implementation. This can only be done by the State undertaking massive education of the people. This can be answered by placing it on the ballot. The people themselves can then decide the outcome. My resolution as proposed would do just that - request that the issue be placed on the ballot. Thank you for your consideration of this matter. JJW:jr TELEPHONE (907) 586-1325 FAX 463-5480 MEMORANDUM s-y 217 SECOND STREET, SUITE 200 JUNEAU, ALASKA 99801 TO: Patty Ann Polley, Borough Clerk, City and Borough of Juneau „ bi net Ruotsala, City Clerk, City of Kenai Samantha Bodfish, City Clerk, City of Wainwright FROM: Scott A. Burgess, Executive Direct DATE: October 23, 1989 SUBJECT: AML Elections Board Appointments On behalf of AML President Delbert Rexford And myself, thank you all for agreeing to serve on the ENMAlons 00" as III for the 39th Annual Local Government Conference in Juneau,. November 15-17', ISM. Delbed has appointed you to conduct and oversee the elections of AML officers and directors at the Conference in accordance with the enclosed elections procedures adopted by the AML Board in 1987. Each municipality receives one vote and designates one of their delegates to collect and cast their ballot. They will be voting on all the following positions: OFFICERS AML President - Dorothy Jones, Matanuska-Susitna Borough (automatic) AML First Vice President - Jerome Selby, Kodiak Island Borough (automatic) AML Second Vice President DIRECTORS pMoab�,;, For two-year terms: � o, -`�-i AML District 1 - Sitka, Ketchikan, Wrangell, Petersburg �, AML District 3 - Kenai, Cook Inlet °; 4 AML District 5 - Anchorage �e� 4sc�3, For one-year terms: AML District 6 - Interior Highways, North Pole AML District 8 - North Slope, Kotzebue, Norton Sound AML District 10 - Bristol Bay, Aleutians, Kodiak AML At -Large District Seat MEMBER OF THE NATIONAL LEAGUE OF CITIES AND THE NATIONAL ASSOCIATION OF COUNTIES October 23, 1989 Page 2 Nominations must be submitted on the correct form (available in the AML Conference Office) by the time the Nominations Committee meets at 5:00 p.m. on Wednesday. The Nominating Committee members are: Heather Flynn, Chair, George Carte', Betty J. Glick, George Ahmaogsk, Sr., end Dan Keck. I will staff the Committee. The Nominating Committee report will be given and nominations from the floor accepted at the Thursday general session. Biographies{ des and ballets can then be prepared. The elections will be held from 9:00 until 11:00 a.m. on Friday and the results announced at the annual meeting Friday afternoon. A runf may be necessary. Delbert is asking Patty Ann Polley to chair the Elections Board. Thank you again for agreeing to serve and to oversee this very important part of the Conference. Enclosures cc: Delbert Rexford, AML President s—y 1791-1l81 CITY OF KENAI ,.%Od (?ap4W 4 4Z""11 2t0 F ALaO KENAI, ALASKA 9iAtt CIE 2ft - 71W FAX 907-283.3014 NOTICE OF WORK SESSION The Council of the City of Kenai will be meeting with the local legislators, Ashley Reed and Administration on Monday, November 6, 1989 at 7:00 PM in the Council chambers. Topic of discussion will be Capital Improvement Projects. Janet Ruotsala City Clerk DATED: October 26, 1989 KENAI JUNIOR HIGH SCHOOL KENAI PENINSULA BOROUGH SCHOOL DISTRICT 201 TINKER LANE, KENAI, ALASKA 99611 PHONE (907) 283-4896 _ October 10, 1989 Mr. William Brighton City Manager City of Kenai 210 Fidalgo Kenai, Alaska 99611 i In Kenai Junior High has just completed its 1989-90 student body elections. We had a successful turnout. Ninety throve percent of our student body registered to vote. Of that, 90 percent voted. We tried to run our elections patterned after the City of Kenai. Hopefully, the city's registration percent will go up in the future. WIt� ap �k very Milt. the was most helpful in arranging for us to use yoi�ir v g bb s iLn4i m»clunts. The elerction went smoothly thanks to her help. Thanks for the help. Sincerely, RICHARD HULTBERG Principal STE DEPARTMENT OF REVENUE �J 550W.7THAVE ANCHORAGE, ALASKA 99501-8898 ALCOHOLIC BEVERAGE CONTROL BOARD I Jose & Maria Ramos d/b/a Rig Bar, The October 11, 1989 ��Zg456?89� � tv 127 W. Pioneer Avenue Homer, AK 99603 Iv 4 Dear Mr. & Mrs. Ramos:`. �. At its meeting of September 28, 1989, the coho c Beverage Control Board considered your request for oe of 'tie 30, ro"il�' finder AS O4.11.330(a)( tfie l'9i�9 license year. The eom-d g1^entk this request. The Board requires that your 1990 renewal must be accompanied with the $1,250.00 license fee and the $100.00 filing fee. Please note that your renewal application must be filed no later than December 31st. or there is a late penalty fee of $100.00. If not filed by February 28th., the license expires and may not be renewed. If you have any questions, please do not hesitate to contact our office. cc: Governing body -City of Kenai Sincerely, Beth Nelson Records & Licensing Supervisor (907) 277-8638 01M015LH 1791-1W CITE' Of KENAI '110d „ took NOW 44#^A sow FAXW?0 i4 TO: Keith Kornelis, P.W. Director FROM: -4` Howard Hackney, Building Inspector DATE: October 30, 1989 SUBJECT: Lot 6, Block 3. Thompson Park I checked the house on this lot on October 24, 1989. All of the windows in the day light basement part of the house have been broken out and the back door to the garage is stainding open. From the tracks in the snow, there have been kids playing in the building. I talked to the owner and told him the condition of the house. He said he would get it boarded up. If it is boar4ed up there is no action the City can take under the Building Code. �:,�,... _ _. ii I'', Iau r -6 CfTY OF KENAI - 210FICAM ,As 'amiko T�111�1-� FAX 9074104014 TO: Keith Kornelis, P.W. Director FROM:-.� Howard Hackney, Building Inspector DATE: October 30, 1989 SUBJECT: Lot 6, Block 3. Thompson Park I checked the house on this lot on October 24, 1989. All of the windows in the day light basement part of the helosee have been broken out and the back door to the garage is sfgding "mesa.,, B�area►m the tracks in the snow, there have been kids pXalying in the building. I talked to the owner and told him the condition of the house. He said he would get it boarded up. If it is boArd+ed up there is no action the City can take under the Building Code. I t 02 F/P AS ��,,, J. K. LM KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING October 26, 1#09) 7:30 p.m. Borough AdmiNiatration Building Soldotna, Alaska - A G E N D A- CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION: Rev. Ruth MCMillan,United Methodist Church of the Nov Covenant, Kenai D. ROLL CALL S. VACANCY, DESIGNATION OR SEATING OF AS- 8EMBLYMEMBERS Res, 89-120 'Certifying the Results of the October 24, 1999 Runoff Blection and the Central Peninsula Road Maintenance Service Aree Election* (Mayoay. b) Oath of Offices, new member APPROVAL OF MINUTES: October 10, 1989 BOA COMMITTEE REPORTS (a) Finance (Cho. Crawford, vice Chm. Carey, Click, O'Connell, Nash, Valli) (b) Local Affairs/Legit. (Cho. Skogstad, Vice Chm. Mullen, Glick, mccahrn, O'Connell, Poin- dexter) (c) Public Works/Ed (Cho. McLane, Vice Chm. Moock Brown, Hodgins, McGehan, Skogeted, Keene) REPORTS OF COMMISSIONS,AND COUNCILS MOTIONS TO RECONSIDER (a) Res. 89-104 'Approving Policy Concerning Sales Taxation of Gaming Sales' (Mayor) MTR - BROWN AGENDA APPROVAL AND CONSENT AGENDA ORDINANCE HEARINGS (a) Ord. 89-49 "Establishing Procedures for the Appointment of Advisory Planning Cosmiiesion Members' (Skogetad/Sowell) (b) Ord. 9-50 'Amending the Borough Election Code for Clarification Purpose' (Mayor) INTRODUCTION OF ORDINANCES (a) Ord. 89-s2 'Authorizing the Receipt of a Grant from the State of Alaska and Ap- propriating $1.022 to a Project Account" (Mayor) (b) Ord. 89-33 "Amending Title 20 of the Kenai Peninsula Borough Coda of Ordinances to Define the Statue of Remainder Parcels Resulting from Right -of -Nay Acquisition' (Mayor) M. N. O. P. 0. R. S. T. U. (c) Ord, e9-s4 *Amending the Boundaries of the Anchor Point Fire and Emergency Medical Serv- ics Ares to Delete that Portion of the Serv- ice Area Ly iNg Outside of the Anchor Point Voting lsociadt- (Mayor I Req. APFRMSA) (d) O;d. B#e,.-,4� 'Transferring the Balance of the Mlbiski Iscape Route Funds to Nikiski Fire Service Area for Maintenance, Repair and Upgrade- (Mash) CONSIDERATION OF RESOLUTIONS (a) 8as,.Oj;j16 'Authorizing the Award of an Ar- cgteotural Design Contract for Construction at a Compsterized Tomography (CT) -scan lacilit ( Addition to the Central Peninsula i(M ayor) Mayor) (b) Rom_ Rs..11Y "Transferring Monies from the As- *Nob,ly Copiltfsgency Account to Assembly Dues SS�criptions'for Alaska Municipal League fp"` t6Aick) (c) Res_ es-119 -A "Resolution Encouraging the Recovery of the L'brna B• (Mullen) (d) "A - •Supporting the Alaska/Magadan Youth uMWft• (Mullen) (a) Reo_ m*-,J"ii_ Requesting the Kenai Peninsula Hmrougb Assembly Take Action to Direct Ad- miuist ioa to 'Develop • workable Drug Test- iBy Poior- (Nodgins ! Raq. NPRSA) (f) Re:. 16-122 -Authorizing the Disposal Of eoroytgb Records Whiph are Outdated and Sabelp0104 for Disposal Under the Borough's Reeorde 0106agsmoat System- (Mayor) PENDING LBOIKATION (This item lists legislation which will be ad- dressed at a later time as acted) (c) Ord. 89-40 'Enacting a New Chapter 21.12 to Provide a Permit System for Conditional Land Uses and Ra aling the Current KPS 21.12 Noxious, In jsious and Hazardous Uses Or- d$eaae o* (Mayor, Req. Task Force) REMANDED BACK TO COMMITTEE FORMAL PRES118TATIONS WITH PRIOR NOTICE UPON SUB- JSCi'S NOT Olt "to MINTING AGENDA PUBLIC COWIN" AND PUBLIC PRESENTATIONS MAYOR'S REPORT OTHER SUSINBSB (a) New Liquor License Application: AMVET POST 4 Loopstioss 36330 Salifornsky Beach Road Red Diamond Cantor, Bldg C, Suite 1 ASSEMBLY AND NATOR'S COMMENTS INFORMATIONAL MATERIALS AND REPORTS (a) Quarterly Investment Portfolio Report NOTICE OF NEXT MEETING AND ADJOURNMENT (10/24/09) KENAI PENINSULA BOROUGH ASSEMBLY COMMITTEES, OCTOBER 26, 1999 STANDING COMMITTEES: TEMPORARY OR OTHER: FINANCE 5:00 P.M. Alaska Coastal Policy Cncl. Frances Brymer Conf Rm A John Crawford, Assm. Rep. John Crawford, Chairman Cook Inlet Aquaculture Assn David Carey, Vice Chair Brantley Keene, Aesm. Rep. Marie Walli Phil Nash Data Processing Steering Cm Pat O'Connell Mark Hodgins, Assn. Rep. Betty Glick Kenai Caucus Betty Glick, Assn. Rep. LOCAL AFFAIRS/LEGISLATIVE 4:00 P.M. Frances Brymer Coaf Rm B Kenai Peninsula College Bd. Sharon Moock, Assn. Rep. Jim Skogstad, Chairman Frank Mullen, Vice Chair Economic Development Dist. Al Poindexter Mark Hodgins, Sam McLane, Pat O'Connell Assembly Reps. Betty Glick Karen McGahan Assembly/Planning Coon. Task Force: Jim Skoqstad Jack Brown PUBLIC WORKS CMTE. 5:00 P.M. Phil Nash Frances Brymer Conf Ra B Local Emergency Response C• Sam McLane, Chairman Jonathan Sewall Sharon Moock, Vice Chair Brantley Keens Jack Brown Karen McGahan KPEA Health Planning Cote. Mark Hodgins Jonathan S a w a I l Brent Keene Jim Skogstad The public is invited to attend and address committee meet- ings. Petitions received by the Clerk's Office will not be dupli- cated in the packet, but will be available in the Clerk's Office during regular office hours or at the Clerk's desk during As- sembly Meetings, for review. u . I L S L ` iJ U tJ i DEPARTMENT OF REVENUE ALCOHOLIC BEVERAGE COATROL "RED August 22, 1989 STEVF � AtFo - 550 W. 7TH AVE ANCHORAGE, ALASKA 99so14m RE: Uy4ate of Letislation and Board Reo 1Mu ation Information Dear Licensee: This letter serves as a method to pass on to you information about legislation and board regulations which have developed during the past year. All licensees are not affected by all the information and enclosures so licensees who are affected are listed by type of license along wife comments of appropriate interest and reference to an applicable enclosure. 1. ALL LICENSEES A newly published statute/regulation booklet is enclosed. r.. The booklet includes regulations ated by the board and legislation enacted into law thru Nay, 1989. 2. BEVERA§g DISREMSARJ LICE05EE, CLUB L EENSEE.RESTAURANT OR EATING PLACE LICENSEE. AND PUS L11CME At the request of a member of NADD in the Fairbanks area, the enclosed letter to the above licensees in the Fairbanks area indicates the board's endorsement of promoting a patron designated driver program. 3. HCS CSSB 175 (Jud) was enacted into law during the last session of the legislature. The new statute, AS O4.21.065, requires that a 'warning' sign must be displayed on licensed premises (licensees) or designated premises (permittees). Signs shall read "WARNING: Drinking alcoholic beverages such as beer, dine, wine coolers, and distilled spirits during pregnancy can cause birth defects." The signs must be displayed 'in a manner that will make them conspicuous to a person purchasing or consuming alcoholic beverages on the licensed or designated premises.' 12 na.015LM LTR - RESG/STATS August 22, 1989 Page 2 At its meeting of July 13-14, 1989, the board suggests that signs be displayed at appropriate locations determined by licensees. Along with enactment of the legislation, a "letter of intent" was adopted by the legislature. The intent is that the board "adopt regulations requiring package store licensees which sell alcohol in response to a written order to include information on alcohol -related birth defects with each shipment." The board asked the staff to discuss the requirement with some licensees and to provide the board with suggestions at its September 28-29 meeting in Anchorage. Two warning signs are enclosed for display by appropriate licensees. Additionally, signs are available at board offices or licensees may prepare signs that are at least 11 inches by 14 inches. The effective date of the requirement for displaying warning signs is August 30, 1989. Failure to display signs is a violation and upon conviction, a person may be fined "not less than $20 nor more than $300. Each day a violation continues after a citation for the violation has been issued constitutes a separate violation." Awendments and new sections are included in the enclosed booklet on page 52. 4. PACKAGE STORE LICENSEE The City of Allakaket voted to ban the silo and importation and possession of alcoholic beverages. Certification of the election on May 12, 1989 determines that the prohibitions became effective on June 1, 1989 and August 17, 1989. Under AS O4.11.506(b)(1), a notification letter to package store licensees is enclosed. Additionally, the City of Kaktovik has voted to ban possession of alcoholic beverages effective November 5, 1909. 5. PACKAGE STORE LICENSEES who sell alcoholic beverages in response to written orders Amended regulations under 15 AAC 104.645 (page 79 in the booklet) require annual reinstatement of your notice to the board that you propose to sell alcoholic beverages in response to written orders. A ;provision for giving annual notice will be included in applications for 1990 license renewal. Additionally, the regulation requires that LTR - REGS/STATS August 22, 1989 Page 3 alcoholic beverages shipped in response to written orders must be packaged and shipped within five working days after receipt of the written order from the purchaser. 6. ALL LICENSEES Other new sections/amendments in recently adopted board regulations include: 1) requirements for securing retransfer of a license by a former licensee upon default in payment by a transferee (15 AAC 104.107, page 62); 2) "communications with licensees" by notice of violation, advisory notice, and inspection reports (15 AAC 104.525, page 76; 3) clarification of "colleges and universities" for granting permits at college and university "school" functions (15 AAC 104.620, page 79); 4) provision for allowing a beverage diseensiry or restgur4nt or eating place licensee to 60designate" premises for purposes of persons 17 years of age and older to be present for certain events when alcoholic beverages are not sold or consumed on licensed premises (15 AAC 104.660, page 83); 5) provision for a "club license caterer's permit" for club licensees. No more than three permits will be granted in a calendar year and prohibitions under a club license, regarding club members and their guests, apply at premises for which a permit is issued (15 AAC 104.690, page 85); 6) creation of a new "theatre license' which authorizes a beverages dispensary or restaurant or eating place licensee to sell "alcoholic beverages" at a specified theatre site where plays, operas, orchestra concerts, readings, and similar activities are approved by the board (15 AAC 104.695, page 86). New and amended board regulations became effective on July 30, 1989. Please take time to familiarize yourself with those provisions which affect you. LTR - REGS/STATS August 22, 1989 Page 4 If you have any questions or comments about any of the changes, please do not hesitate to write or call. Sincerely, V4� - x_'�L PatrickZL. Sharrock Director (907) 277-8638 PLS:cr Enclosures cc: Cabaret Hotel Restaurant Retailers Association (CHARR) Members, Alaska State Senate Members, Alaska State House of Representatives Boroughs/Municipalities INFO-3 CITY OF 210 FIL)AL GO KENAI, ALASKA M11 TELEPHONE 203 - 7S35 CITY OF KENAI BACKGROUND AND PERSONAL DATA - CANDIDATES FOR APPOINTMENT TO COMMITTE�ESSf AND COMMISSIONS NAME Resident of City of Kenai?_Tlow long? S Mailing Address R6 , E04 :C'5-0 Tel. gS — iq/qE Bus. Address P Q , '� px �l/�~(� Tel . Presently employed by F1 Al -- Job Title plo: Name of Spouse 7`� ' 44 Current membership in organizations: Past organizational membership: /X ZI-A14 ! l i 7 f/ &,A-)Q1'j—" .0 Committees interested in: a'6 Aj )v a 4 Z& /V PLAN ' ga56189��� S ez z"a = N P-0 � If TO DO LIST OCTOBER 11, 1989 KENAI CITY COUNCIL 1. J. Ruotsala - Res. 89-72 on Nov. 1 agenda. 2. J. Ruotsala - Order 50 booklets from Gov. Office re/Education Endowment Fund. 3. C. Brown - Check on availability of funds for publicity for Newcomer's Club, Chamber of Commerce. 4. J. Ruotsala - Schedule 2nd meeting in Nov. for Nov. 21. 5. J. Williams - Arrange Council, Legislators, lobbyist meeting for week of Nov. 6. 6. J. Williams - Arrange Council, Borough meeting re/land fill for week of Nov. 6. 7. K. McGillivray - Check with Natl. Guard re/use of vehicles below City park. 8. K. Kornelis - Check on abandoned house on Iowa St. 9. K. Kornelis - Check on cost of new Councilmember chairs. 10. K. Walker - Set date for City tour and meeting with Dept. heads. jr /� CITY dF 010 FWA1.00 K>*NAI. ALASKA 9"11 11 t ""ONZ 0q . 7635 • Ci TY Of KENAI BACKGROUND AND PERSONAL DATA — CANDIDATES FOR APPOINTMENT TO -COMMITTEES AND CONNISSIONS ' NAME Art Graveley Resident of City of Kenai? Yes Now long? 13 Years Mailing Address_ 1612 Fat_om Orive Tel, 283-4264 Sue, Address NCO #1 Box 490. ,' K1t1ai1 • ' Tel. 776-677 Presently employed by, ' N AMOCO Pro' 'Ciioh Company. 3ab Title Main gn ' e Fore O Name of Spouse, Bonnie Graveiey���: Current membership'in.arpani:ativnes American P tr 1 i •• Kenai El "ogge raat orgenizational•memberehips Committees interested In1 --City tygf e0Aj_P1anninc and_,Zoning-Commission 123456 mod' ./Z•�t.�•?i'�'e'� _ �C�, ���,• Signature"— r XW F0 KENAI PENINSULA MORON 144 N. BINKLEY • SOLDOTNA. ALASKA 996 -' PHONE (907) 262-4441 DON GILMAN October 13, 1989 �23456 889.. MAYOR _> ryo < o ' O c-5 " n --, rM , = ' = cf } ,T m . c.. Z W TO ALL PERMIT HOLDERS OF GAMING PERMITS $IJED UNDER AS 05.15 On September 27, 1989, the Kenai Peninsula Borough issued a directive to all gaming permit holders that sales by vendors conducting sales on behalf of the permit holders, would have to cease. That memorandum also provided that because sales by vendors would cease, we would accept an interpretation where taxes would not have to be collected on sales by vendors. Due to a number of events that have occurred in regard to the State Commissioner's determination that vendors are not allowed, and the State's actions regarding emergency regulations, the Borough has withdrawn that directive. It has no application, force, or effect. The Borough will not undertake any action to direct vendors to cease operations, because it takes the position that the matter is between the permit holders, any persons conducting sales on their behalf, and the State Department of Commerce, Division of Occupational Licensing. The operator prohibition enacted by the Borough still stands. All sales -by vendors are to be taxed in accordance with the provisions of the Borough sales tax code. Gaming sales are not exempted under the Borough sales tax code; however, certain permit holders who are not organized for business or profitmaking, and dedicated to certain purposes as outlined in KPB 5.18.260(M) (attached) are exempt from having to collect taxes on their sales. A gaming sale is not exempt, it is the seller of that particular class that is exempt from collecting tax. Sellers conducting gaming sales (other than qualified permit holders) are not exempt from collecting sales tax from the purchaser of the gaming device. In particular, when anV pull tabs are sold by various businesses ("vendors"), the pull tab sales are taxable. Unless the sale is conducted by a bona fide employee of the permit holder aging in the course of his employment, or by a member of the permit holder in the course of his functions as a member of the orgaryization as opposed to some other business enterprise, the sale will be taxable. Any sale outside of those circumstances will be considered to be a sale by a vendor and thus taxable. Many persons have questions regarding the computation of the tax, registration, and filing of returns. Under the sales tax code, the tax is computed on the sales price which is the gross sales price without exclusion for expenses or other costs. If a Directive to Permit Holders of Gaming Sales October 13, 1989 Page 2 ticket sells for $1.00 the taxable transaction is the dollar price just as if you paid for a dollar item at the grocery store. Thus, the sale would be one dollar with the vendor having to collect the sales tax at the applicable rate in addition to the ticket price. In the event that someone "exchanges" tickets for more pull tabs or gaming devices, the transaction is still taxable. If the winnings are $10 and traded in for 10 new tickets, tax will have to be charged and collected. Using prize money to buy tickets is the same as a cash sale, and the tax will have to be collected in addition to the sales price of the ticket (unless an option is granted to include the tax as part of the fixed price of the ticket). Including the tax in the ticket price is called "in gross" computation. In such a circumstance the tax rate is the same as any cash sale, but is included as part of the sales price. The seller cannot collect tax in gross unless he makes application to the Borough and receives permission to collect the tax in that manner. Upon receipt of the application (enclosed), the Borough will allow vendors to collect the tax from purchasers in gross. As far as the Borough is concerned the issue of whether a vendor or some other person other than an operator is conducting activities on behalf of a permit holder, is not material.. The Borough's concern is simply that the taxes be collected. The Borough and its staff will not address any of those questions. The Borough will only address itself to questions as to whether the activities are those of a permittee or its employees, or by somebody else. That inquiry by the Borough is strictly related to whether it falls within the exception allowing qualified permit holders to be exempt from collecting the tax. Please note that there are some organizations which may have a nonprofit status under Internal 'Revenue code laws which are still organized for business purposes. Such organizations are trade associations, professional associations, and the like. The purpose of the exemption under the IRS code is to provide these non-busi ss/non-prof;tmaking entities who conduct the activities addressed in kPB 5.18.260(M) to be exempt from collecting the tax on their sales. I ass sure there will be a number of questions that can arise under particular fact circumstances as to whether a sale is one by a ppe 4t holder or by some other person acting on their behalf. We cannot possibly anticipate or address all these circumstances. We will have to address them as they arise. The one that can be answered at this point is whether signing up employs of the business to be members makes it a sale of the permittee rather than by vendor, or by someone conducting the sale on behalf of the permittee. If that member is signed up and conducts the sale while he is on the payroll in the course of performcIng his duties as an employee at that location, he will Directive to Permit Holders of Gaming Sales October 13, 1989 Page 3 not be considered to be a member in the conduct of his activities as he is being compensated for his time while conducting that transaction. He will be considered an employee of that business, and the sale will not be deemed to be one by the permit holder and is thus taxable. This determination probably addresses 75% of the fact situations that will be presented. As other issues arise we will attempt to address them. Taxation of gaming sales became effective October 1, 1989. Previously, the Borough code provided for taxation, but we had provided a moratorium on the need to collect that until October 1. The Borough does not have a list of all venders that you may have retained to conduct activities on your behalf. As with the previous directive, this is sent to the permit holders who are responsible for the actions of their vendors and should be forwarded to any vendors by the permit holder. A number of the vendors will be contacted directly and sent this letter, but it is impossible for the Borough to send it to all vendors as we do not know who they are as that is knowledge that is strictly within the control of the permit holders. We must depend on you to distribute this information appropriately to your agents or those selling pull tabs or gaming devices on your behalf. Gaming sales are considered to be a separate line of business and requires a certificate of registration. Each business or seller conducting gaming sales must file an application with the Borough for a certificate of registration. Should you have any questions regarding this directive please contact Cathy Wallace, Supervisory Accountant in the Finance Department. In many cases Ms. Wallace will not have a ready answer to a particular question, but will direct it to the appropriate person who can make the determination eeded. Since ly, Ross A. Kinney Director of Finance RAK:bl Enclosure KPB 5.18.260(M) reads as follows: Retail sales, services and rentals by or to organizations not organized for business or profitmaking purposes, and which are engaged in the provision of charitable, educational, recreational, rehabilitative, hospital, cemetery, or other charitable purposes open to all interested ambers of the community without discrimination. In no event shall this exemption apply to sales of liquor or food through the course of regularly conducted operations. No exemption certificate shall be approved by the mayor until the applicant has produced suitable evidence that it is currently incorporated by the state of Alaska as a nonprofit corporation and that it has received tax-exempt status from the United States Internal Revenue Service. "r the federal policy would apply equally to Alaska, jeopardizing the state's economic base and posing serious impediments to vital community development in rural and urban areas. Sweeping changes in wetland man- agement has been recommended by the National Wetlands Policy Forum, a non - government related group organized in 1987 by The Conservation Foundation'. When the National Wetlands Policy Forum was devel- oping its recommendations, Alaskan offi- cials were assured its intent was to protect wetlands in the contiguous 40 states that were rapidly being converted to it n uses, a problem that doesn't exist in Al iska. Yet the draft recommendations maike oattempt to treat Alaska differently. The proposed Wetlands IN+p'Net Loss Act of 1989, modeled after the "Forum's recommendations -!would impbse stringent guidelines on aill50 states. Wfhile making it virtually impossible to convert,*lish ands to other uses, it also gives the '. and Wildlife Service permitting aUthority for wetlands development rather thhen the Army :orp,of Engineers. Offsite mitigation The federal "no net loss" cope opt means that any wetlands used for doyolopment would have to be replaced in the national A ou-site tram me oevelopment project, perhaps even in another state. Such a requirement could force the developer into buying and preserving wet- lands far removed from the project, an op - (continued on page 4) XMrwo-'10 7 AK 0.06% lost(80,000 acres) Approximak* half of the wetlands in the contiguous 48 states have been lost to development while 99.95% of Alaska's wetlands are undisturbed. I.S. Aponcyor nonetRoss-rorAtaSkawouldcreateserousecWtorniicolonsequenoesthroughest urban and rural Alaska and pose serious fmpeatm ehts to development plrojects in a# resource sectors. (John Riense NANA) A Question of Balance RDC is ending this decade with a bang! RDC's tenth annual conference will be held November 29 - 30, Wednesday, Thursday, at the Sheraton Anchorage Hotted. Why the change from February to November? The timing better accommodates elected officials and will strengthen RDC's presence in Juneau during the session. But also, traditionally the wiMter too" season is a time for rejoining old friends, travetkcg and c 6lWaft the year past while, more Impor- tantly, looking ahead. RDC's cones are km wn tobe fun, as well as educational. The holiday, timing! 0640 set'.w id enhance that appeal. Besides, this way vIFWgt"w wil", g�Nl�ld nooget necklace at the raffle will have the, llr io Christmas partiesl The +lore th N bd New, OVOther with a spirit of goodwill ttgocne andcis the serious resource allocation issues falcllt gl4rsNslle and nalisn. The speakers are exciting and so are titsr,tllMt. We hope you will attend. Mark your calendar today! Alaska. P!!1111110Wtd, Il W Production "A Ouestioih of Balance" Confirmed speakers: Chsngirug Anwica's p erqmrliien of Alaska James Wickwire, Attorney, Wl Ickwire, Greene & Seward SaWsr, Washington Mmkmkdng Wf ildl11110 Values In Cleveloping Areas, Garter E. Jones, President, National Institute for Urban e of America's En - Manager of Produc- Wft ine Fop, Naft .R eAssociation, Anchorage, Alaska Tire *Aft i Elides 40 ArmsricM Energy Scen rlas Dr. N" Scl ubr, Dkocu, EltOW Security Program, Geor- gwlitttet tk*m rslty, WfilaNttdlon, D.C. How W11 Pubwe U.S. Elnsngy Demand be Met? Ge wral Rklfutrd I,awsort, Pn isident, National CON Assodti kin, WiMinglttn, D.C. Af Itfyl 1• 0InctIon? Dr. Gunnar Knapp, Associate Pvofesobrof. Sbonernics, Institute of Social & Eco- norNe RsnMarc h, +An¢Iramge, Alaska Timber: Can People Still Work in the Forest? John Sturgeon, Koncor Forest Products, Anchorage, Alaska Harnessing the Fuels of Tomorrow, Robert Gentile, Con- sultant on Fossil Energy to the Secretary of Energy, Washington, D.C. America's $80 billion Opportunity: Alaska Natural Gas, William V. McHugh, President, Yukon Pacific Corporation, Anchorage, Alaska Alaska's Wetlands: "No Net Loss" and What it Means to Alaska's Economy, Vicki Masterman, Environmental Attor- ney, Jones, Day & Pogue, Chicago, Illinois Balancing World -Class Mineral Development with Environmental Concerns, Frank Joklik, President & CEO, Kennecott Corporation, Salt Lake City, Utah The Rough Road to Economic Stability, Mayor Tom Fink, Municipality of Anchorage How National Policy Affects the Home Front, Mayor Jer- ome Selby, Kodiak Island Borough Prince William Sound: Putting the Pieces Back Together, Mayor Lynn Chrystal, Valdez, Alaska Fiscal Realities: Resource Development and the Tax Base, Mayor Bruce Botelho, City and Borough of Juneau How Congress Views Alaska, Mike Harvey, Chief Counsel, U.S. Senate Committee on Energy & Natural Resources, Washington, D.C. Parks As Prizes: Profiting from Preservation, Neil Johannsen, Director, Alaska State Parks, Anchorage, AK Balance: A View from the Top of the World, Jacob Adams, President, Arctic Slope Regional Corporation, Barrow, Alaska Page 2 / RESOURCE REVIEW / October 1989 FAT F i:. NP., .Xx tl MRh "Washington, Q.C. must not denyAil kans of their right to ecommic growth through resource development. It would be, in ef- fect, creating a rare state instead of a: producing caontrbutor" to Nye nalAon's 00. being. With its rich endowment of oil and gas, fieh, minows, and forests, Al skoie 'streasurt►chowotnatuoiar"' ,o-.Flog the most pss, sslslt aUN eINMhn Idleljhl, Azad through ti�+�'y��li � I'�a� oil tlnee+e rtdgouroee, Alaska has the � o o, aammomy while helping to provide the nation %01 Maileriafs. Ala* as a iesv lts current level of development while preserWttp lici ftWo no scrsgkge. Surely, erivirertdrtenta lly. sound dhly* ' of Rho atate's huge reammepotential can ma's P4fwas of T V U% S: R0001mes ,i.. Clil fives 17% Gas Reserves Commercial li Forests 00/ Coal f0 Resources Commercial Fish Catch prooW wi9uwft significant impact to its wetlands. The continued economic viability of the state and those who live here depend on it. Private sector industries associated with the development of the state's rsourges form the foundation of Alaska's economy and fund 95% of sWo government operation and services. The Make of and gas industry prevtelors 25% of all domestic produc tim ecrNtt W11, of all state revenues. The Alaska seafood industry atdtlt ntsfuorapproximately60%ofthenation'scommercial fisA catch. Of the 30 minerals the U.S. must now purchase abroad, 22 are found in Alaska, many in commercial caoncrentrotons. About 50% of the nation's coal reserves are found in Alaska and world - class minims projects are now coming on line. Alaska is also one of the langestun dtimberreservesonthePaoificRim.dome16% of the oorwrrof tl forest lands in the U.S. is in Alaska. I Aleselct lw0b Develop its privacte soclorand sustain its economy in an age odic ningi Prudhoe Bay oil production and revenues, it must bulld''ta irftstructure needed, to expand its minerals, timber, tourism and fish industries. This wOl irwieably, involve the use of wetlands sine nearly three-quarters of our state's non -mountain- ous lands are considered wetlands. Policymakers in Alaska and (Washington, D.C., must recognize the implications of applying a blanket "no net Ides" wretlands policy to Alaska. Such a policy could very welt preempt new ports, roads, airports, visitor facilities and other vital local, regional and statewide economic development projects. Washington, D.C., must not deny Alms of their right to economic growth through resource development. It would be, in effect, creating & wwelfare state inslead of a produciing contributor to the nation's well-being. Wtet1d'"Mcl proposal concerns Alaska natives Alaska's inclusion in a proposed national policy of "no net loss" of wetlands would constitute a severe violation of the intent of the Alaska Native Claims Settlement Act (ANCSA), according to a prominent Alaska nettve leader. In a loftier to President Bush„ Glenn Fredericks, former Chairman of the Alaska Federation of Natives, urged that Alaska be excluded from the national wetlands policy. Fredericks said a blanket policy would "negatively and unfairly afhect not only the Alaska native people, but, all of the residents of the State of Alaska." Under ANGSA, 44 million acres of land was transferred from the federal governrnent to Alaska's native people as settlement for aboriginall rights Congress intended that the land selected by the natives would be available for development. 01 can assure you it was the clear understanding of all parties involved that the native people would receive and have the right to occupy or use the`total arnoumt of that acreage," Fredericks wrote Bush. The prospect that a significant number of acres of that total would be used in connection with development projects was implied, if not mandated, by the formation of twelve regional profutmaking oorporations and ovsertwo hundred village profit making corporations, each of which was established to receive the land as a corporate asset. "Ou rentitlement cannot amd should not be diminished by this no net loss wetlands policy," Fredericks said. "For most of the regional (continued on page7) October 1989 / RESOURCE REVIEW / Page 3 SAURMA wwarw 11*iefive gum POW soOftr Is threat (continued from cover) tion which may not be practical for Alaska. Unlike the sm*wn a for* We few, if any, privo*-ownedwoomwIllslinAlookathat could be pt hlitlatd ;proedwrt+ tf or restored as compensation for a project. The vast majority of Alaska'swetarndsaae under state and federal o"rehip, not po"tefy owned, and therefore are not e+yielli llle to buy. In addition, so ill 0 of AlaskWs wetlands have been altered. Threat to economy "Applied to Alaska, a national policy of 'no net loss' to wetlar4s has the- potential to stop economic development in emery com- munity," warned Mayor Jeoms Selby of the Kodiak Island Borough. "The federal con- cept is not flo ble to Alaska's unique posi- tion," Selby eddsd' " MWe deeui've a ibalanced public policy, one rich alo ws responsible developmentwhiWkespirgq "land losses to a necessary mi nurn."'' The pnopose+d-vot andinitiatives would pose serious Impediments to devielopment projects in Alaska, warned Paula Easley, Director of Economic Development and Planning for the Municipality of Anchorage. "In Anchorage, we are already being threat- ened by the feilawgarnciesthat, unless we do offsite ntitigalion and/or compensation, the Municipality could lose its general per- mitting authority." Eaaieysakf I. "The costs for meeting these dothands are prohibitive, in the hundreft of fousands of dollars." Even though the wetland initiatives profess to reflect reasonable application, such reasonableness Cannot be counted on, asserted Easley. *Already environmental groups, citing the recent oilppi�, are saying they will cepillltw lft on'the aAil-Alasks mood in Congress and use the wetlands protec- tion Issue as a way to slop energy, mineral and timber development in our state." Approxianateety 45% of Alaska is cov- ered by wetlands. In fact, wetlands account for about 74%of Alaska's non -mountainous area. The re" is Out, wellalnds of many types and descriptions form the bulk of the developable land in the state. The broad diefinition of wetlands, com- bined with the error inq federal policy of "no net loss," would) place most hinds and -devel- opment projects in a precarious situation. According to community, industry and na- tive leaders, it would be almost impossible Wet ooestal odw tunities in Afasks are 'urxartaking port and h066r t a w exppruflqq marine facilities. Most have to rely on water -based transportation 'fdr fishing, pnvossing, recreation and tourism. The infrastructure must be built for the mostpartatcross wel4wWs. Above, timber from Alaska's Interior is loaded on a ship at that Pbrf of A rwdwrage. for an area surrounded by wetlands to expand and develop, leading to economic stagnation and disinvestments throughout urban and rural communities. Many Alaskan communities are built in wetlands or on narrow pieces of flat land between mountains and the sea, and any expansion is impossible without sacrificing some wetlands. The state's capital, Jun- eau, for example, would not have an airport if it wasn't for filling of wetlands. And like many other coastal communities in Alaska, Juneau relies heavily on wetlands for com- munity expansion. "Because of our concerns for wetland use, we undertook an exhaustive study to identify and protect high -valued wetlands and to identify others suitable for reason- able development," said Juneau Mayor Bruce Botelho. "Yet many believe our work has been largely ignored because of a fed- eral regulatory scheme that fails to recog- nize our own paramount interests in land use and our ability to represent the public interest." The Matanuska-Susitna Borough north of Anchora has th*011*0 and oneof the largest agrlaukut o areas in Alalsm coupled with the entire gamut of minerals from coal to gravel, and a strong recreation industry. "The proposed 'no net loss' policy would spell an end to projects supporting our vital industries,"cautioned Mayor Dorothy Jones. "Can you Imagine having to purchase land outside Alaska to replace wetlands which had to be crossed to build a necessary highway, port, tourist facility or school in Alaska?" Becky Gay, Executive Director of the Resource Development Council, the state's largest non-profit economic development organization, stressed that 'since oil and gas, minerals, fisheries, timber and tourism are the mainstays of Alaska's economy, the economic Importance of resource develop- " ment cannon be overlooked in wetland poli- cies. .Most coastal communities in Alaska are undertaking port and harbor develop- ment and want to expand value-added Page 4 / RESOURCE REVIEW / September 1989 processing and marine facilities," Gay noted. "Most have to rely on water -based transpor- tation for fishing, processing, recreation and tourism. These port facilities and infrastruc- ture must be built for the most part across wetlands." Wetland losses compared Alaska relies heavily on resource de- velopment for its economic bate, yet only 80,000 acres of wetlands have been used for all forms of development in Alaska, in- cluding the binding of towns and roads. This amounts to 0.05% of Alaska's 170,000,000 fires of wetlands. In other word, Alaska has achieved its current level of developmentwhile preserving 99.95% of its wedbnd acreage. In contrast, development in the con- tiguous United States has taken a toll on wetlands, over 549'6 of which have been developed. And wettand use continues at a high rate from agriculture, human settle- ment, industry and other causes. It is clear that wetland loss in the rest of the nation is an important Issue. However, Alaska is not part of the r,roblem, nor should it be viewed as the solution to wetland loss in the contiguous United States, according to Mayor Don Gilman of the Kenai Peninsula Borough. "Even with recentworld-classdevelopments, over 99% of Alaska's wetlands are intact," Gilman said. "That means there is no efGlec- tive way to create new wetlands in most of Alaska to satisfy the demand of such a federal policy." In a nationwide perspective, the current annual wettand reduction of 275,000 acres in the contiguous 48 states is alfout three and one-half times the total estimated acre- age of all wetlands used in Alaska since 1867. While the "no net loss" concept may be applicable to the contiguous 48 states, it is clearly not appropriate for Alaska, asserts RDC's Gay. "Such a policy in Alaska would accomplish nothing to slow wetland tosses in the Lower 48," Gay noted, "unless we are held hostage to out-of-state development." Even if Alaska's 80,000 acres of dis- turbed wetlands could be totally returned to their original status, the result would be insignificant, both in terms of Alaska's wet- lands and those of the nation as a whole. Such a restoration would offset the loss of wetlands in the contiguous 48 stabesby only seven one -hundredths of one percent (0.07%). While some Washington authorities acknowledge that Alaska deserves special consideration, the national policy is yet too be formulated, and what consideration Alaska receives is yet to be decided. "Alaskans are faced with a serious challenge to ensure that we do receive special consideration," said Senator Frank Murkowski. Iduurkowski noted that the President's Pont is Policy Task Force is now looking at the Policy Forom's recom- mendations in order to develop a unified national policy. The senior statt of the Alaska congressional delegation will be meeting soon with the pnmOdsnt's staff and the Bask force to discuss the critical issue. In the meantime, RIDC urges Alaskans to write or call Senators Murkowski and Ted Stevensand CoMmesman Don Young.end express #01t cerOms. Feedback from a broad arrayollAhAken. 9 is important If Alaska is to sucoesWilly oin an exemption to the "no net loess" policy. If Alaska is to continue to develop its private sector, w*h through a variety of resource devoloplment funds, 915% of state governmentoperaons, reasonable expan- sion of the stale's infrastructure must be allowed. This Al Inevitably include careful use of wetlands. Ports, roads, airports, visi- tor facilities, and other vital infrastructure are key to maiMeiir*q thevk*OIyof Alaska's basic economy. The continued viability of the state may depend on Alaska winning an exemption to tha wretfs policy. September 1989 / RESOURCE REVIEW / Page 5 have�i ti * °' 111111 I� rrl tl►11 1!11over large ST04 W bw 01:11f F1111111i uhft pmCmdltiewt in have kept tle a rilrhhraum. i1llrlliorlMaelptat�r�r�erI in tf Me lower0 have been lost aar1A'opftuftn. thatntltlel soNk nm t,.iadu W%I ala1r causes contima 14 dWm a Rolf an vasslrlrrda. In = I 1pl slMtprexhilab* 9911% d aNiM9n a reirnh, in their Sine Al- Irl t*7, pally fiwa om4mr4modthe of one per�17aw1 +df J'rdwe balm dlitlWsbaldd tJ NINtb i�tsl #101wict it ri'1i111egllgpment haso"IM1111I `dll'��MedgrMsaMi aipsp erawiraarr- marr* iiwwgatd,.11talr>aMrpittlillrrirae Intlrs. iartd NMgbret aaneure than ditrl Ib-Mnt'11s „ - MlrNfaeei. A.! 41W i M1Ylllf '+ +ar4alisrwds an mvwW btr Section 4C 4 of 1111e'CIIw 1lf1111w Ift Act requires a 0annil to allow any filling M ij W.,M N* on VIVIOt ar putr-l-IN 00100 W.W. the U.S. Artyrl . Itsliaiilg odnfteUm the pM+tlrit patiipri ft, and the Erluit< 4 oar Alogy retains Vab PMWO &waer all permit appe0alb. NutllOMe sable, lederrli and 1© 0 aagsnciee,1r raw 111111 the U.S. Fisch aratt W00a lllpi .Vk=, fIE W RmVmAP AqWsoV, Na- tional Liwkw iirOWho ifigr!uft. AlaskrM N0111lMrNIM Ofth and Game, Alaska ill larlrtrelet 419hviaronmertal $vrfalar+ralion and the Alaska Dgwinrent of Natural Resources, all participate in the review of Section 404 permits. Section 10 of the Rivers and Harbors Act, which controls potentially disturbing activities in any water body, provides further protection for Alaska weds. The Corps also administers the Section 10 progirarri, wwt receives the same Wrlaragenay review of the Section 40+4 program. In Adtlitiiima, the federed Vital Zone Management Act provides an extra rrleasure of *tVdfi pirh for Alasko wetlands. The State of Alaska adMIMWI1000 the tally-spproved coastal management program, which *ftr6htlrisive review of projects poten- tiall •Meath , inrpucWn Inland olannect- ing w0h i� wwlatlelrtaMa.' h the onto local gip O dies conduotf e*,l wW*h Italtetpairsd price to the � Shection 10 aand ee�om 4 ps Iti .10ha Scale of Allaska masi osNyr that any wetland alloodion willrot NNWr water gUality. The Carlos of ngi- neere r delirrrl irer'Sotherie are no practical aft4roWes to the proms W,*#* alyd". Aquainilift,10ftAigiiiongi Marine Fisheries Service, needy half of the taatal veli0aertd ovp osed for fill placornents urr*r the Section 10 anal I propams was denied aWtovall for devefopmoo t bleroween 11110,11 and 116, In aaltliMan to the exi0utirg regulatory framework, sprout half of Alaska Is aiream, prtaocW aslarral and sty parks, vAldllfe rsfugeC wpft"Wo olow Apd other conservation units. Many of these Wwils *64 00,S O#r when Congress paesed the Alaska Natiorril eri* tAnft Cie 00n Act in 1960,.plaacing over 100 million acres In units with the expressed purpese of allowing imereee alfannarrlrp reeatllt on remaining state faw^ads. lidoeupreotftaaalQI Water. .9ibmandAkokalsunique 9eographilarl pa ilMonI ft lossare likely to rpmaain at a necessOryininimunt heals. I g ar�rlher layer of rogufdtotycontrol throughilwanahM iCaels"iipt,wouid$WomplishilWelmAtosMia econorhnic VmWA frdOfty, wetjonaftst'village to Anchor , Alaska's mail=or Maas llwe not loss" concept is a death -knell covering all indusWes, all traneportartIm growth, all regions and more Impor- tantly, the people who live and work in the state. Page 6 / RESOURCE REVIEW / October 1989 Clean Water Act • Section 404 regulates fill placement in wetlands * Requires prior review and evaluation before a permit is granted Rivers and Harbors Act • Regulates disturbance to navigable waters • Protects shallow waters classified as wetlands • Requires prior review and evaluation before a perrnilt is granted I Fish and Wild"fe Coordination Act • Requires consultation with federal and state agencies prior to decisions affecting wetland developments Coastal Zone Management Act • Requires interagency review of development proposals affecting coastal zone wetlands • Review is conducted prior to is- suance of Section 10 and Section 404 permits Alaska Statutes • Govern petroleum lease operations requirements • Protect fish and wildlife habitats, including wetlands i ro, Mitigation measures p ve effective a Its in lim r wefliri& losses .► A comprehensive, mulfi-layered regulatory system combined with effective high-tech mitigation measures have minimized wet- land losses in Alaska to the extent thatonly a tiny fraction have been modified. Avoidance and minimization are the two strategies most often used by industry to mitigate wetland reductions in Alaska. Avoid- ance means siting facllifiee am* from high -value wetlands. Minimi- zation is achieved by ring the number and sin of Willies. On Alaska's North Slope, the oil industry has successfully mitigated wetland losses by avoiding important habitats and con- solidating facilities, acc ordbV to ARCO Alaska biolq d Mks Joyce. "Each new development area on the North Slope is planned to mitigate disturbance on habitot and wildlife by routing, gravel roads and pads away from important habitats," Joyce said. One of the best examples of facility consolidation and down- sizing in the arctic is the reduction in production drill pad areas. New technologies allow for much closer spacing of wellheads in combi- nation with directional drilling. Over the past six to eight years, well pads have been reduced in size by two-thirds. When the Prudhoe Bay field was first developed, this technol- ogy was in the early stages, and drill pads were constructed tocover a much larger area than is necessary today. Future drill pads are planned to be smaller yet, as wells are drilled closer together and reserve pits are eliminated. When the useful life of the oil fields is over, rehabilitation measures will be used to restore plant cover and gradually return the areas to productive habitats. In the meantime, wildlife populations throughout the North Slope are thriving and there is no evidence that arctic wildlife is limited by the availability of habitat. Arctic wetlands cover an area larger than the state of California and Oregon combined and bird monitoring studies showt1W all bird populations within the oil fields are at or above pre -de lopment levels. The acreage of wetlands affected by oil development in Alaska is less than 30,000 acres In a state with an estimated 170 million acres of wetlands. North Slope oil fields provide 25% of U.S. domestic production, yet oily 0.0W6 of the wetlands on the Slope has been disturbed. New drilling technology has allowed for North Slope oil wells to be placed closer together at the surface. A typical well pad builtsevera/yearsago isshown tothe left. Anewexpedmental well pad, at right, has reduced spacing between wells by roughly two-thirds and reserve pits have been eliminated. Natives express concern over wetlands (continued from page 3) and village corporations, our land asset is assurance of our futuresoonomic well being," Fredericks continued. "Our people have only recently entered the mainstream. We continue to struggle with severe social problems. Establishing and devel- oping diversified economies throughout our vast rural regions is critical not only to the survival of our corporations, but also to the future social well being of our people and their heritage." Fredericks, who has been actively involved in native affairs since the passage of ANCSA in 1971, said that these emerging economies, timber fisheries, tourism, minerals and other natural resources, must involve the well planned and managed development of native lands. "Any requirement to "replace" wetlands used in development will significantly impact our corporations, particularly in view of the major portions of our lands which have been designated wetlands," he said. "A blanket national policy on wetlands would negatively and unfairly affect not only the Alaska native people, but all of the residents of the State of Alaska," Fredericks added. Jacob Adams, President of Arctic Slope Regional Corporation and North Slope Borough Assemblyman, agrees that the native's settlement of their aboriginal land claims are threatened by the national wetlands scheme. "This is contrary to Congress' clear intent to compen- sate Native corporations with lands that have economic viability," Adams said. "The proposed designation questions the ability to use our lands for any economic purpose." October 19891 RESOURCE REVIEW / Page 7 SPECIAL PRICE OFFERED TO OUR VALUED SUPPORTERS Resource Development Council's Conference ALASKA: PLAYGROUND, PARR, AND PRODUCTION STATE "A Question of Balance" kpc`� k NOVEMBER 29-309 1989 a " "Wednesday and Thursday Sheraton Anchorage "EARLY BIRD" REGISTRA110,N FORM " "SPECIAL RATE UNTIL NOV. 3: S I S o RATE AFTER NOV. 3: $1$3 YOUR NAME TITLE I' DAYTIME 1,F COMPANY PHONE ' 'ADDRESS * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * PAYMENT HECK AMOUNT $ ISA/MASTERCARD# EXP.DATE i' s, AME �(AS IT APPEARS ON CREDIT CARD) q �- Please take advantage of this offer. Your presence at the conference makes a big difference. To register, either return this form by mail to RDC Box 100516, Anchorage, AK 99510 or call RDC at 276-0700. FAX 276-3887. REMEMBER9 SPECIAL O DEADLINE F RNOV.989 S CAL RATE IS NO . 3, .t 4: <���..r,+«.�I�:t.��.�` KENAI .Y NON-PROFIT ASSOCIATION P.O. Box 2621 Kenai, Alaska 99611 r!EN01F µ.IIQ QN FROM: Kenai Peninsula Non- Profit Association TO: Non-profit Permit Holders RE: Borough 5% Tax on Gross Pull -tab Sales On October 10, 1989, the Borough Assembly voted (9 to 6) against Mayor Gilman's Ordinance 89-104 that would have required 5% tax on net receipts, thus requiring non -profits who sell pull -tabs through a vendor to collect a 5% tax on gross sales. Those organizations who have a permanent gaming facility will not be taxed. There is a motion t-o reconsider this issue at the Thursday, October -16 C-rough Assembly meeting. -The supiperrt of eve[g non-grofit permit holder is needed. WHAT YOU CAN DO: 1_ Contact your Assembly representative. 2. Ask them to support the Mayor's Ordinance 89-104. 3. Submit written testimony to the Assembly. A. Detail the community projects your organinization supports through gaming proceeds. B. Explain how a tax on the gross sales will affect your organization. ,. 4. Attend and testify at the Borough Assembly Meeting Thursday, October 26,, 1989, at 7:30 p.m. at the Borough Building in Soldotna KENAI PENINSULA NON-PROFIT ASSOCIATION P.O. Box 2621 Kenai, Alaska 99611 r1L1-1 CIF ANIL",I;I"I f POM: Kenai Penin'-ula Pion- Profit A-ssoci tion TO: borough As err, thItj i`�ern ber3 PE: Borough 5% Tax on 6ros3 Fell -tab ,ales . On October 10, 1939, the Borough Assembly voted (9 to 6) against Hayor Gilrnan's Ordinance 39-1 D4 that would have required 5% tax on net receiptsthus requiring non -profits w, ho sell pull -tabs through a vendor to collect a 5% tax on gross sales. Those organizations % ho have a permanent gaming facility will not be taxed. There is a motion to reconsider this issue at the Thursday, October 26 Borough Assembly meeting. Your support of Ordinance 89-.104 is needed. The Kenai Peninsula Non-profit A.—Ociation is concerned that a tax on 5o of the gross saies %,fill 6everely limit the affected non-profit orpni_zation's ability to continue fundraising through pull -tab sales. The organizations who do not have a permanent gaming facility mint rely on vendor sales to produce revenue. The vendor acts as an agent of the non-profit and effectivly markets pull -tabs to the public. He should rightfully receive compensation for his time and labor. The revenue derived from these sale: impacts nearly every member of our community. The Kenai Peninsula Non -Profit Association asks for your consideration of the following: THE TITLE TO THE PULL -TABS BEING SOLD MEYER RESTS WITH THE VENDOR. UNDER ALASKA STATUTE, THE NON-PROFIT OWNS THE PULL -TABS. SINCE TITLE MEYER PASSES TO THE VENDOR, 17 APPEARS THAT ALL SALES ARE EXEMPT FROM THE TAXATION SINCE THE VENDOR MERELY SUPPLIES THE SPACE AND MANPOWER FOR THE SALE TO OCCUR. 1. WHEN DOES A "TAXABLE SALE ' ACTUALLY OCCUR? We take the position that a sale occurs when the non-profit purchases the putt -tabs from a licensed Distributor. The transactions that take place beh/een the vendor, %rho acts as an agent of the non-profit, and the public are fundraising events and therefore exempt from taxation. THERE ARE APPROXIMATELY 100 BUSINESSES IN THE BOROUGH WHO MARKET PULL -TABS FOR NON-PROFIT PERMIT HOLDERS_ HAS CAREFUL CONSIDERATION BEEN GIVEN TO THE ADDED BURDEN TO THE GOVERNMENT IN THE MOHTHLY PROCESSING OF 100 GAMING TAX RETURNS? ORDINANCE 89-104 WOULD ELIMINATE MANY OF THE ACCOUNTING AND POLICING PROBLEMS A 5% GROSS SALES TAX WILL CERTAINLY CREATE_ ORDINANCE 89-31 HAS MANY OBVIOUS LOOP -HOLES AND GRAY AREAS OF APPLICATION AND ENFORCEMENT_ KEN A i PEN INSI L A NON-PROFIT ASSOCIATION MINUTES Ooteber 12, 1989 The Kenai Peninsula Non-profit Association met Thursday, October 12, 1989, in the Kenai, Peninsula Board of Realtors conference room in Soldotna, Alaska. The meeting was called to order at 11 .30 AM, by secretary, Pat Vincent Members present: F.O.E. 03525 - Kathy Sanders Ninilchik Fair Association - Mary Hawk-., Kenai Peninsula Board of Realtors - Debbie Klemz Kenai Peninsula Builders Association - Pat Vincent People Count, Boys & Girls Club - Jack Brown Soldotna Lions Club - Roy G3des Guests present: Joe Kashi Tucker Thompson Absent members: F.O.E. e3525 - Tommy Thompson Young American Bowlers - Doug McKenzie American Legion Post x20 - Les Borgen Soldntna Chamber of Coke - Tom Janz Soldotna Little League - Vern Gehrke '%`omen's Resource - Joanne Lopez Log al Order of Moose Ninilchik Senior Citizens - Odile Hansen Kenai Peninsula Board of Realtors - Patti Williams Boys SA Giris Club - Steve Tarries MMSA to approve the Minutes of the September 28 and 0,.-tober 3, 1989, meetings. MMSA to accept the October 11, 1989, Treasurer's Reports. Mr. kashi and Mr. Tucker held a brief discussion on legal issues and options the non-profit organizations may have in regard to the Borough tax law. Pat Vincent will have the rewritten By-laws and Articles of Incorporation available for approval at the next meeting. NEW BUSINESS: Jack Brown reported that the Assembly voted against Mayor Gilrman's Ordinance 89-104 that would require 5% tax on net pull -tab sales at the October 10, 1989, Borough .meeting. A motion to reconsider was made and this issue will once again be on the Thursday, October 26, 1989, agenda. All non-profit permittees are urged to attend and testify in support of the Mayor's ordinance. At this time, affected non -profits are required to collect 5% of the gross sales - effective October 1, 1989. A letter from the Borough legal department is supposed to be mailed that will detail this tax. Assembly members voting for the Mayor's Ordinance were: Brown, Nash, Skogstad, Poindexter, McGahan, McLane. KPNA members were asked to contact these assemblymen thank them for their support. A letter will be sent from the KPNA as well. Voting against the Ordinance were: Moock, Keene, Wadi, Glick, Sewell, Hodgins, Crawford, Mullen, O'Connell. These members will be contacted by KPNA members and urged to support Ordinance 89-104. KPNA members were asked to contact various non-profit groups and enlist their support. Ail non-profit permittees who will be affected by this tax will be contacted and asked to send a letter to the Assembly explaining what programs their pull -tab money goes to support and hour the tax will impact them. They will be asked to attend the Assembly meeting. It is important to have a large number of permittees at the October 26 meeting. KPNA members will arrange to meet with the Borouo Finance Committee at 5:00 PM prior to the October 26 meeting. There is oonfusion among Assembly members that to tax on not proceeds may be income tax. We read to point out that this is exactly the way we are taxed by the Stab. _T 0 OBE\DORF, TUTER & LAMBE `, Certified Public Accountants j 189 So. Binkley. Suite 201 Soldotna. Alaska 99669 Charles E. Obendorf Telephone (9071262-9123 Janice M. Tuter FAX (907) 262-3855 Robert B. Lambe To: Non-profit Organizations Ref: Unrelated Business Income Tax (UBIT) relating to BINGO and PULL TABS we have received documentation from the Internal Revenue Service spell- ing out the income tax provisions for non -profits operating games of chance. A brief summary of the items which may affect you is as follows: 1. Income from BINGO is specifically exempt from the Unrelated Business Income Tax. 2. Income derived from games of chance,,i.e. PULL TABS, conducted prior to October 23, 1986 is NOT subject to UBIT. Income derived from these activi- ties on or after October 23, 1986 IS subject to UBIT. A form 990T should be filed reporting all PULL TAB activities engaged in since October 23, 1986. 3. In computing taxable income, exempt organizations may deduct all direct expenses (such as prizes paid out, supplies, and taxes) and reasonable all- ocated expenses (such as a portion of a bookkeeper's salary, based on the amount of time spent on PULL TAB related record keeping). The law also allows a $1,000 "specific deduction". 4. In an IRS national office technical advice memorandum dated October 23, 1988, the IRS has concurred with a tax court case South End Italian Inde- pendent Club, Inc. in which the tax court held that where state law requires, the net proceeds to be dedicated to the "awarding of prizes to contestants or participants and to political, educational, civic, public, charitable, patriotic, or religious uses in the state", then these distributions are deductible as ordinary and necessary business expenses. Since Alaska re- quires all net proceeds to be distributed in a similar manner, these distributions should be deductible, resulting in little or no taxable in- come. r, Our advice to you, therefore, is to file the form 990T as soon as possible for all PULL TAB operations you have conducted since October 23, 1986. We will be happy to assist you in any way we can to bring you up to date. The normal due date for filing the 990T is the 15th day of'the 5th month following the end of your fiscal year. Sincerely, Charles E Oben orf October 6, 1989 S7��E OF IL SNI / . XNFa-9. DEPARTMENT OF COMMERCE & P O. 6O) ECONOMIC DEVELOPMENT JUNEAU, ALASKA 99811.0800 PHONE: (907) 465-2500 OFFICE OF THE COMMISSIONER CITY OF KENAI 210 FIDALGO STREET KENAI., AK 390266 99611 Dear Gaming Participant: October 12, 1989 This is to advise you that the emergency gaming regulations adopted by the Department of Commerce and Economic Development, Division of Occupational Licensing, will not take effect as originally sche- duled. However, our letter of September 27 remains the department's position on the issues facing the charitable gaming industry in this state. Because of the department's concerns for the state of charitable gaming activities in Alaska and the pressing need for enforcing accountability and reporting, the division will issue public notice of the proposed regulations in early November, with public hearings to be held during the second week in December. The changes and the clarifications included in the proposed regula- tions will be held in abeyance pending adoption of regulations through the usual process. For example, permittees that may have begun to hold additional bingo sessions in anticipation of adoption of the emergency regulations must now restrict themselves to the nine (9) -- not fourteen (14) -- bingo sessions allowed under current regulations. The department is conducting a review of its enforcement options. An important asset in this review will be the Charitable Gaming Advisory Group that I will appoint to assist the department. LM/fh0253L 101189a Sincerely, Larry Merculie f Commissioner r � 11�� 44 o� r c� � r -4`2jot" MN2LM Protect your Gaming Reveauet T-0 A0,* I X, oosa.It r Group 161i Helps Stop P'topmed Within hom of anoomm• ment of new pwiag regulations on -, - --- I. cold per- mit and liem"M rallied togeduff to nobt elm" that for chuiWile gamiaeg in At aAe was & regulation nquk au=of PW&Tak to be- aras an *0rWabW.* A nument statute nquim tb&t a pandwe may ommet with only am 0"Ift at a film The am effect wonU be to dMmy do network of min oudem nmy I , -MM, an for Wes of at 411 IIe lfamewoonaa IV of pwin communky. ndwedrmd ]by phone and held nvwd inkrawl Straftu main= Non noodur an Pb=WA to seek I "haoss bawl* d"FL Group to Meet - Put Order in Future Regulations After several informal sessions, the group whose of fort drfecively delayed the. coutzoversial regulations has agreed to wmfinue to explore options to pmwm the' 6 id m1w Bnkr pwidedbf 3rd pter m&m T'S 4 7, 4 Ilk 0Y Caning Permit Holders 6 Liammed 3rdmPafty Agents (VendoW The next UUMMA170NAL MM&TMC, will be held Tb=mky,, Odeber 26 at SM PIL Disabled American Veterans have volunteered we of their head quarters at 4' ttt1 1- Vim ]hive far the meet. 0 DSI INFORMATIONAL MEEMG: 5:30 Pht OCTOBER 26TH---- Disabled BE A Xhl lam► M. // CITY UU " Od GajaiW 4 41a,&"" 210 FIDALGO KENAI, ALASKA 99811 TELEPHONE 203. 7535 CITY OF KENAI BACKGROUND AND PERSONAL DATA - CANDIDATES FOR APPOINTMENT TO .COMMITTEES AND COMMISSIONS NAME Saylor T. Rehm Resident of City of Kenai? Yes How long? Feb. 1985 Mailing Address 112 Wooded Glen Court Tel. 283-5665 Bus. Address 12 Wooded Olen court Tel 283-5665 Presently employed by- ` Self -Employed` Job Title Real Estate Brbker (on year sabbatical) .:'� ."'; Name of Spouse CYndy Rehm Current membership in -organizations: Kenai Lodge #11 Al Aska Shrine -- past organizational -membership: Kenai Peninsula Board-of-REALTORS, Kenai & Soldotna Chamber of Commerce Alaska Association of REALTORS. Nailonal Association of REALTORS Committees interested in: Airport Commission, Economic Development Commission, Plannin & Zoning ' Commis tyn ure t�C�" 2 � KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING September 19, 1989; 7:30 p.m. Borough Administration Building Soldotna, Alaska - A G E N D A - A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE C. INVOCATION: Rev. Preston McCracken, Community Wesleyan Church D. ROLL CALL E. VACANCY, DESIGNATION OR SEATING OF ASSEMBLYMEMBERS F. APPROVAL OF MINUTES: September 5, 1989 G. COMMITTEE REPORTS (a) Finance (Chm. Crawford, Vice Chm. Carey, Glick, O'Connell,, Nash, Walli) (b) Local Affairs/Legis. (Chm. Skogstad, Vice Chm. Mullen, Glick, McGahan, O'Connell, Poin- dexter) (c) Public Works/Ed (Chm. McLane, Vice Chm. Moock Brown, Hodgins, McGahan, Skogstad, Keene) H. REPORTS OF COMMISSIONS AND COUNCILS I. MOTIONS TO RECONSIDER J. AGENDA APPROVAL AND CONSENT AGENDA (a) Approval of Election Judges, 10/3/89 Election (b) Res. 89-95 "Authorizing the Mayor to Award an Engineering Design Contract for 0.9 Mile of Ciechanski Road" (Mayor) (c) Res. 89-105 "Authorizing the Mayor to Award an Architectural Design Contract for Con- struction of a Training Facility Addition to the Sterling Fire Station" (d) Res. 89-106 "Awarding a Contract to Kachemak Bay Title Agency, Inc. for the Preparation of Litigation Reports on Foreclosed Real Property in the Homer and Seldovia Recording Distsricts" (Mayor) (d) Res. 89-107 "Establishing the Position of Special Assistant to the Mayor -Oil Spill Liaison" (Mayor) (e) Res. 89-108 "Declaring Borough Owned Walkway Bridges Surplus and Authorizing Disposal to the Bureau of Land Management" (Mayor) K. ORDINANCE HEARING (a) Ord. 89-37 "Amending KPB 14.06.050 to Allow Roads Which Do Not Meet the Chapter 14.06 Road Standards to Be Accepted Onto the Serv- ice Area Road Maintenance Service Systems for Winter Maintenance Only" (McGahan) (b a_1_j_9..-¢Q "Enacting a New Chapter 21. 12 to Provide a Permit System for. Conditional Land Uses and Repealing the Current. KPB 21.1.2 Noxious, Injurious and Hazardous Uses Or- dinances" (Mayor, Req. Task Force) (c) Ord. 89-43 "Accepting and Appropriating a Grant from the State of Alaska for the Kenai Peninsula Borough Coastal Management Program" (Mayor) (d) Ord. 89-44 "Appropriating $45,000 for a Grant from the State of Alaska to Supplement Borough Funding for Local Senior Citizen Programs" (Mayor) L. INTRODUCTION OF ORDINANCES (a) Ord. 89-47 "Prohibiting Elective Abortions in Any Borough Owned Hospital" (McGahan) (b) Ord. 89-48 "Amending the Kenai Peninsula Borough Sales Tax Code to Exempt Gaming Sales" (Nash) (c) Ord. 89-49 "Establishing Procedures for the Appointment of Advisory Planning Commission Members" (Skogstad/Sewall) (d) Ord. 89-50 "Amending the Borough Election Code for Clarification Purposes" (Mayor) (e) Ord. 89-51 "Appropriating Funds for Purchase of School Lands from the Land Trust Fund Balance to Account No. 2500-212010-48610" Mayor) M. CONSIDERATION OF RESOLUTIONS (a) Res. 89-73 "Accepting Transfer of Kachemak City Municipal Road Maintenance Powers for the South Kenai Peninsula Road Maintenance Service Area" (Mayor) DEFEATED 7/18, RECON- SIDERED 8/1 AND POSTPONED TO 9/19 (b) Res. 89-1D3 "Requesting the Department of Commerce and Economic Development to Set a Maximum Limit for Vendors to be Reimbursed for Conducting Pull -tab Activities on the Be- half of Non-profit Organizations" (Brown) (c) Res. 89-104 "Approving Policy Concerning Sales Taxation of Gaming Sales" (Mayor) (d) Res. 89-109 "Approving the Purchase of Lots A and B, Aspen Flats Subdivision, #4, for Use By the Kenai Peninsula Borough School Dis- trict for School Purposes" (Mayor) N. PENDING LEGISLATION (This item lists legislation which will be ad- dressed at a later time as noted) (a) Ord. 88-27 REFERRED TO PLAN. CMSN./ASSM T.F. (b) Ord. 88-49 (Mayor) TABLED 7/18/89 (c) Res. 89-35 (Carey) TABLED 4/4/89 0. FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON SUB- JECTS NOT ON THE MEETING AGENDA P. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS Q. MAYOR'S REPORT (a) Seward Flood and Oilspill Update (b) Borough Timber and Firewood Memo (c) October 4 Meeting with Governor Cowper R. OTHER BUSINESS (a) Motion to change dates of Assembly meetings S. ASSEMBLY AND MAYOR'S COMMENTS T. INFORMATIONAL MATERIALS AND REPORTS U. NOTICE OF NEXT MEETING AND ADJOURNMENT (10/10/89) i" KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING MINUTES September 19, 1989; 7:30 p.m. Borough Administration Building Soldotna, Alaska A. CALL TO ORDER The regular meeting of the assembly was called to order by Vice Pres. Karen McGahan at 7:30 p.m. B. PLEDGE OF ALLEGIANCE C. INVOCATION The invocation was given by Rev. Preston McCracken, pastor of the Community Wesleyan Church in Ridgeway. D. ROLL CALL PRESENT: Assembly Members Brown, Crawford, Glick, Hodgins, Keene, McGahan, McLane, Moock, Mullen, Nash, O'Connell, Poindexter, Skogstad, Walli; Mayor Gilman, Asst. Atty. Reeves, Public Works Director Brown, Borough Clerk Brindley EXCUSED: Assembly Members Carey and Sewall E. VACANCY, DESIGNATION OR SEATING OF ASSEMBLYMEMBERS F. APPROVAL OF MINUTES The minutes of the September 5, 1989 meeting were approved with minor corrections to pages 4, 6, 8 and 9. G. COMMITTEE REPORTS (a) Finance (Chm. Crawford, Vice Chm. Carey, Glick, O'Connell, Nash, Walli) Mr. Crawford reported that in addition to discussion of agenda items the committee heard comments of Delbert Rexford, President of Alaska Municipal League regarding the Borough's joining AML for next year. A presentation before the whole assembly will be made in October. (b) Local Affairs/Legis. (Chm. Skogstad, Vice Chm. Mullen, Glick, McGahan, O'Connell, Poindexter) Mr. Skogstad reported the Local Affairs also heard a presentation by Delbert Rexford who is an Assembly member from the North Slope Borough as well as President of AML. (c) Public Works/Ed (Chm. McLane, Vice Chm. Moock Brown, Hodgins, McGahan, Skogstad, Keene) Mr. McLane reported the Public Works/Education Cmte. heard a presentation from David Phelan, a government teacher at KCHS, concerning the possibility of having a student representative on the Assembly or an Assembly sponsored boroughwide Government Day. Mrs. Moock, as Vice Chair, will be coordinating the organization of it with Mr. Phelan. (d) Economic Development District (Hodgins) Mr. Hodgins noted the provision of the new Situations and Prospects, requesting input of ideas as to improvement or use. He stated the RDC is moving the annual meeting from February to November with additional information to be forthcoming. H. REPORTS OF COMMISSIONS AND COUNCILS 1 I. MOTIONS TO RECONSIDER J. AGENDA APPROVAL AND CONSENT AGENDA Mr. Crawford requested the removal from the agenda of Res. 89-105 at the request of Ridgeway/Sterling Fire Service Area Board as bids were unacceptable. He reported Finance Cmte. had do pass recommendations for Res. 89-95, 89-106, 89-107 and 89-106. Mr. Skogstad requested Item R(b) Approval of Election Judges be moved to the consent agenda and reported a do pass recommendation on Res. 89-107. Mr. McLane reported his committee also approved the award in Res. 89-95 and he was pleased to see design work scheduled for a project needed for a long time. Mr. Skogstad re- quested Res. 89-109 be moved to receive consideration prior to Ord. 89-51, the enabling ordinance. Mrs. Glick requested the setting of hearing of Ord. 89-49 and 89-50 be moved to the Con- sent Agenda and made a motion, approved by unanimous consent, to approve election judges for the October 3, 1989 election. Mr. Hodgins asked how much money was in the account referred to in Res. 89-107. Mayor Gilman reported the fund was established in April with a $3 million appropriation subject to reimbursement by Exxon or the Dept. of Environmental Conservation. At this time there is authorization to draw on that account up to $500,000. Public comment was invited, but none offered. Vice Pres. McGahan read the Consent Agenda as shown and it was approved by unanimous vote as follows: (a) Approval of Election Judges, October 3, 1989 Election (b) Res. 89-95 "Authorizing the Mayor to Award an Engineer- ing Design Contract for 0.9 Mile of Ciechanski Road" (Mayor) (c) Res. 89-106 "Awarding a Contract to Kachemak Bay Title Agency, Inc. for the Preparation of Litigation Reports on Foreclosed Real Property in the Homer and Seldovia Recording Districts" (Mayor) (d) Res. 89-107 "Establishing the Position of Special As- sistant to the Mayor -oil Spill Liaison" (Mayor) (e) Res. 89-108 "Declaring Borough Owned walkway Bridges Surplus and Authorizing Disposal to the Bureau of Land Management" (Mayor) (f) Ord. 89-49 "Establishing Procedures for the Appointment of Advisory Planning Commission Members" (Skogstad/Sewal.l) HEARING OCT. 24, 1989 (g) Ord. 89-50 "Amending the Borough Election Code for Clarification Purposes" (Mayor) HEARING OCT. 24, 1969 K. ORDINANCE HEARING (a) Ord. 89-37 "Amending KPB 14.06.050 to Allow Roads Which Do Not Meet the Chapter 14.06 Road Standards to Be Ac- cepted Onto the Service Area Road Maintenance Service Systems for Winter Maintenance Only" (McGahan) ASSEMBLYMEMBER GLICK MOVED THE ENACTMENT OF ORD. 89-37. 2 KENAI PENINSULA BOROUGH ASSLMSL.Y MEETING, SEPT EMBER 19. 1989 Mr. Skogstad for Local Affairs Cmte., and Mr. McLane for Public Works Cmte., reported opposition to passage of the ordinance. Concerns reported were for liability due to a lack of standards and the factor of an unknown number of road miles in this category. Public hearing was opened and as there was no comment, was closed. ASSEMBLYMEMBER NASH MOVED TO POSTPONE UNTIL THE NEXT MEETING IN ORDER TO ALLOW ALL THE SERVICE AREA BOARDS TO RESPOND TO THE PROPOSAL. (3 out of 4 were provided) Mr. Brown noted the votes of the boards responding were low and asked if perhaps they were not up to speed at this time of year. Mayor Gilman responded that this was true but the situation would be the same in two weeks or a month. Some of the road boards have vacant seats for which no candidate has filed. He reported Asst. Atty. Reeves attended all road board meetings discussing this proposal except the South Road Maintenance board which was the entity requesting the ordinance. Mr. Skogstad spoke against postponement, stating the ordinance was brought forward by the South board primarily to resolve a problem in Kachemak City which Res. 89-73 specifically addresses. Kachemak City has now asked to have that resolution defeated as the problem has been resolved another way. He urged defeat of the ordinance. Mrs. Walli stated from her 5 years, experience on the road board that the standards were weak as it is and money is short to main- tain roads already designated. She stated the only way they con- tinue to operate under budget cuts is because of money in the ac- counts"saved from previous years when money was more plentiful. THE MOTION TO POSTPONE FAILED BY A VOTE OF 3 YES TO 11 NO: YES: McGahan, Brown, Nash NO: Skogstad, Poindexter, Hodgins, Moock, McLane, Mullen, O'Connell, Crawford, Glick, Keene, Walli Mr. Brown and Mr. Nash believed the road boards have the respon- sibility and should make the decision on these matters. Two of the boards of four, voted to consider this further. ORD. 89-37 WAS DEFEATED BY A VOTE OF 3 YES TO 11 NO: YES: McGahan, Brown, Nash NO: Skogstad, Poindexter, Hodgins, Moock, McLane, Mullen, O'Connell, Crawford, Glick, Keene, Walli (b) Ord. 89-40 "Enacting a New Chapter 21.12 to Provide a Permit System for Conditional Land Uses and Repealing the Current KPB 21.12 Noxious, Injurious and Hazardous Uses Ordinances" (Mayor, Req. Task Force) ASSEMBLYMEMBER GLICK MOVED TO ENACT ORD. 89-40. Mr. Skogstad reported four public meetings were held in different areas of the borough and minutes of those hearings are in the packet. He stated Local Affairs Cmte. recommended the ordinance be referred back to a committee for further work due to the lack of support for this ordinance but noting there was still evidence in testimony of the need for replacing the existing code. Public hearing was opened. 3 KENAI PENINStr_a U H ARS104RLY MEET NG. SEPT HER 19, 1989 Terris TU nes;, Nikiski, stated she was representing three dif- ferent organizations which had studied the ordinance carefully since the meeting of the Nikiski Community Council at which it was discussed. She read a statement from the Council that they, as well as the North Peninsula Chamber of Commerce and the Alaska Support Industry Alliance unanimously oppose the ordinance. They felt the kPH code 21.12 in place worked well and should not be replaced. She reported the consensus seemed to be that the restrictions in the ordinance were inappropriate for outside city areas. Bruce Sc ',rmars, Soldotna, believed Ord. 89-40 would create more problems than it would solve, particularly the permit process. He stated an individual should be able to get a building permit such as one obtains from the City of Soldotna without going through hearings and getting neighbors to agree when some people are opposed to signing anything. He noted liquor license ap- plications are ubliahed so that anyone can object prior to an investment of undo and he felt this would be far more ap- propriate than scheduling hearings eve y time someone wants to do something. He noted also the diffe ent performance standards that were required for different uses. He stated as something is needed, he would recommend the ordinance be sent back to com- mittee. argtAllard, Kenai, stated he is Operations Manager for ARCo Alaska. He referred to a letter from ARCo provided earlier, ad- ding he supports the Planning Commission's resolution which recommends denial of the ordinance and giving highest priority to updating the IPH Comprehensive Plan. Land use regulations could be addressed as part of that plan. He commended the Task Force for their hard work, producing an ordinance better than the ex- isting 21.12 which is extremely arbitrary, but falls short of ac- ceptable. He stated) he is available to assist any committee ad- dressing the issue, noting several submissions with specifics regarding Ord. 89-40. Mr. Mullen noted 3 years has been es- timated to complete the comprehensive plan with an ordinance to be promulgated beyond that, and asked if that length of time was acceptable for industry to wait for certain determinations as to appropriate land usees. Mr. Allard stated he understood the con- straints and could gait 4-5 years, but would prefer something sooner, noting the sure through 21.12 to the borough and in- dustry. As to A pre rence for 89-40 or a zoning ordinance, he stated he would prefer a zoning ordinance. Joseph Kashi, Soldotna, recalled one of the first assignments upon being hired by the borough as an assistant attorney 12 years ago was to redraft 21.12, but the same wording is still in place. During that time the population of the borough has increased 60- 80 percent. He believed existing law has been proved constitu- tional, but there are preferable alternatives. He recommended 89-40 be sent back to the committee to be made less complaint - driven, less onerous on small business owners, and consider set- ting up stoning districts with bounddries similar to the road maintenance service areas. He noted different areas of the borough have different perspectives, desires and needs. Qi1bertFiglds, Kenai, spoke in opposition to the ordinance, com- menting the reason for locating here was freedom of necessity of going through planning commissions and regulation. Arure_y_e~dla, Clam Gulch, supported some type of permit process although 010-40 needs additional work. He believed a complaint driven process allows a person to begin work on a project before neighbors have opportunity to object. Although the Planning Com- mission or Assembly may stop the project, harm has come to the neighborhood and invested money and time have been lost as well. A permitted ordinance would allow discussion prior to any invest- ment of money or harming of the area. He stated his idea in moving to a rural area was not to be able to do whatever he wanted to with his land, but to find privacy and quiet. This was destroyed when a gas well moved in on the next property. Ellie Tikka, Clam Gulch, believed some type of land use planning was essential to orderly growth in the Borough. The existing or- dinance is not adequate for reasons given by the previous speaker, She stated Ord. 89-40 was not perfect, but it was a beginning and better than the law on the books presently. she stated there was room in the borough for industry and for residential areas also. she supported a before the fact regula- tion and Proposition #3 in the next election. Pam Swanson, Clam Gulch, commented years ago people could spread out in Alaska and do whatever they wanted to with acres of land between them and their neighbors. Rules and regulations were not needed. Now that Alaska is growing, residents have to be more responsible and care for the environment and each other. Ord. 89-40 seems too stringent for industry, but it would protect people from those who would do harm to the land and way of life. She urged it be sent back to committee to be made more palatable; everyone should be able to do what they want with their own land except when it infringes on others' freedom, a permit system to stop hazardous activities is necessary. Public hearing was closed as no others wished to speak. Mr. Skogstad stated it was the intention of the Task Force in in- troducing Ord. 89-40 to get comments from the public as to whether it was worthwhile to continue working on. Portions of it have been addressed for over a year and they needed to get public comment before going further. That done, he felt further work could be done to make it useful in the future. Mr. Nash, noted with a land use ordinance there needed to be: (1) protection for the private land owner, (2) guidance for industry and (3) freedom of.ownership. These are conflicting issues. He noted at hearing one individual stated his desire to use his property in any way he saw fit and later stated government should do 'something to protect him from his neighbor. There should be a golden rule for land whereby you treat your neighbor's property as you would have him treat yours. There is a misconception that the existing 21.12 served the borough well in the conflict with Marathon because the disposal site was not built. That was due to a decision by Marathon following the hearing held by ADEC. 21.12, as a complaint driven ordinance was not considered in the application process. He did not believe the conditional use ap- proach the correct one in this situation. There's no guide for industry or protection for the landowner. He believed the problem still needed to be addressed, but disagreed with the basis of this ordinance. Following the election and results of Proposition #3, a new approach along lines suggested by the public could begin. Mr. Brown noted the Planning Commission's minutes reflect recom- mendations by Planning Director Troeger that the issue of land use regulation be addressed in the comprehensive plan and the highest priority be given to the update of the comprehensive plan. He felt this expressed the public's sentiments as well and not referral of this ordinance to further committee work. He did not believe the people in his district would be ready for regula- tion sooner than the three years the comprehensive plan was ex- pected to require. He commended Mr. Skogstad for his work with the committee and diligence in holding public hearings borough - wide. ASSEMBLYMEMBER CRAWFORD MOVED TO AMEND BY ADDING A NEW SECTION 2 TO READ "That this ordinance shall take effect immediately upon its enactment." Mr. Crawford stated the effect would be to repeal the existing ordinance and not enact the new conditional land use regulation. He felt 21.12 gave people a false promise of protection that is not there. He felt a fresh start was called for through an up- dated comprehensive plan. Mrs. Walli spoke for leaving 21.12 on the books until some com- promise can be worked out and used during the three years re- quired to produce a comprehensive plan. ASSEMBLYMEMBER NASH MOVED TO AMEND THE AMENDMENT TO CHANGE THE EFFECTIVE DATE IN SECTION 2 TO "18 months from this date." Vice Pre*. McGahan passed the gavel to Parliamentarian Glick in order to express her conviction that the existing 21.12 has worked. The! court has upheld the constitutionality of it even though the Attor"y doNtbt4d it would, and she believed it should be preserved until something better was drafted. The gavel was returned. THE NASH AMENDMENT FAILED BY A VOTE OF 5 YES TO 9 NO: YES: Hodgins, Crawford, Brown, Keene, Nash NO: Skogstad, Poindexter, Moock, McLane, Mullen, O'Connell, Glick, McGahan, Walli THE CRAWFORD AXE* MNT WAS DEFEATED BY A VOTE OF 3 YES, 11 NO: YES: Poindexter, McLane, Crawford NO: Skogstad, Hodgins, Moock, Mullen, O'Connell, Glick, McGahan Brown, Keene, 'Nash, Walli Mr. Mullen stated the problem is uncertainty. Developers are un- certain whether their pproject will be stopped by protest on the basis of 21.1.2. He believed an ordinance should be adopted that would let people know up front what would be acceptable use and protect neighborhoods aim well. He urged continuation of the ef- fort to produce a 0workable ordinance. Mt. McLane asked for an update on the status of the comprehensive plan. Mayor Gilman stated it was a fairly major undertaking in a borough the size of this one. He stated the concefts in the ex- isting code would be followed in that there wil be two dis- tricts, muicip,pal and rural. The cities will provide their own municipal portion having received planning funds from the borough for that purpose. Outside the cities, "comprehensive plan" frightens 'many people and positive aspects are lost. Several community meetings have already been held, utilizing natural boundaries He felt three years was realistic, but it would have no effect until an ordinance was enacted to enforce it. Mrs. Glick recalled past uses of 21.12 by the Planning Commission and spoke for everyone being able to use their property equally. She has long believed 21.12 needed to be strengthened so that plans could be made for development on the basis of what is al- lowed. She stated the Coastal Management Program has been on the way for 10-12 years because people perceived it as a zoning measure and undesirable. Now that peoples are becoming more en- vironmentally minded it has more support. ASSEMBLYMEMBER GLICK MOVED TO REMAND ORD. 89-40 TO A COMMITTEE FOR REVIEW AND REVISION. Mr. Skogstad noted the Planning Commission's resolution had four recommendations; that 89-40 not be enacted in its present form, that the highest priority be given to updating the comprehensive plan, that land use regulations be addressed in the plan and that the task force be encouraged to continue work on the ordinance. He believed it was important the issue not be dropped here. ORD. 89-40 WAS REMANDED BY A VOTE OF 11 YES TO 3 NO: YES: Skogstad, Poindexter, Hodgins, Moock, McLane, O'Connell, Crawford, Glick, Keene, Walli NO: McGahan, Brown, Nash Vice Pres. McGahan staged when Pres. Sewall returns he will decide what committee the ordinance will be remanded to. She then called a 10 minute recess. (c) Ord. 89-43 "Accepting and Appropriating a Grant from the State of Alaska for the Kenai Peninsula Borough Coastal Management Program" (Mayor) ASSEMBLYMEMBER GLICK MOVED THE ENACTMENT OF ORD. 89-43. Mr. Crawford reported a do pass recommendation from the Finance Cmte. Public hearing was opened and as no one wished to speak was closed. ORD. 89-43 WAS ENACTED BY UNANIMOUS CONSENT. (d) Ord. 89-44 "Appropriating $45,000 for a Grant from the State of Alaska to Supplement Borough Funding for Local Senior Citizen :Programs" (Mayor) ASSEMBLYMEMBER GLICK MOVED THE ENACTMENT OF ORD. 89-44. Mr. Crawford reported Finance Cmte. had a do pass recommendation. He noted the disbursement will be according to the ordinance regulating annual fund disbursement. Public hearing was opened and closed as no one wished to speak. ORD. 89-44 WAS ENACTED BY UNANIMOUS CONSENT. L. INTRODUCTION OF ORDINANCES (a) Ord. 89-47 "Prohibiting Elective Abortions in Any Borough Owned Hospital" (McGahan/Carey) ASSEMBLYMEMBER GLICK MOVED ORD. 89-47 BE SET FOR HEARING ON OC- TOBER 24, 1989 AND ASKED MR. CAREY'S NAME BE ADDED AS A SPONSOR. Vice Pres. McGahan invited interested persons to comment. Leah Handley, Sterling, urged the ordinance be set for hearing and to support enactment. She stated rarely are abortions used to save life, but as a means of birth control. She objected to public funds being used to make the process readily available. Bob Bird, Kenai, President of the local Right to Life organiza- tion, referred to public testimony given when McGahan/Carey in- troduced a similar resolution, asking them to recall testimony of those who had personally experienced abortion. He stated it was reasonable to expect more restrictive legislation to protect un- born human life would follow the Supreme Court's decision regard- ing the Missouri law. He suggested he and others of the opposite view be invited to attend committee meetings where the subject can be openly debated and presented. Mr. Hodgins asked if the ordinance had been brought before the hospital boards. Mr. Bird stated he had not had contact with the board since the SC ruling. 7 Mr. Keene asked if he knew of any borough hospital doing abor- tions presently. Mr. Bird stated Central Peninsula Hospital per- mits it. Veronica Kassler, Kenai, stated it was inappropriate for the borough to be dealing with this subject. The Supreme Court remanded it to the states and she felt that was the level it should be handled on. She commented she is for legal abortion available on the Peninsula. She stated the local hospital has not performed an elective abortion for two years. She spoke for the right to make decisions affecting herself and her family. Shawn Harrison- UawboId, Soldotna, recalled addressing the As- sembly regarding a similar ordinance in 1982. It was turned down but went to the voters via an initiative with the result of defeat boroughwide, but in the Central Peninsula area, it passed. She reported having an abortion at 19, following a rape, and the depression that followed. She considered herself a feminist and a victim of the system as well as the rapist as she was not ad- vised of the consequences. She has dealt with many similar cases as a counselor since that time, noting a compulsion for women to become pregnant again following abortions. Nancy, Rawlins, Soldotna, reported she worked part-time as a Planned Parenthood Clinic manager. She stated the Assembly is being used by anti -abortion people as a forum for their views which she believed was an inappropriate use of Assembly time. She urged the ordinance not be set for hearing. Judith nixon, Nikiski, thanked Mrs. McGahan and Mr. Carey for in- troducing the ordinance and urged it be set for hearing. Rharrig Innes, Kenai, commented people are always being told to get involved and it seemed presumptuous for some people to decide the intentions of others who do get involved in matters important to them. She stated she has been a member of the community for 22 years because it is a great place to reuse children, is con- servative, and is made up of families holding "traditional,, moral values". She noted that term seems to imply one is old fashioned and outdated; not fitting the latest untested fad morality. She could not see the difference in killing whether six months before or six months after birth. She urged the ordinance be set for hearing. Gilbert Deal, Kenai, spoke in opposition to abortion as a moral issue, for the well being of persons directly involved and as a nation as well. Scent Johnson, Clam Gulch, urged the ordinance be set for hear- ing, stating when possible problems should be taken care of on a local level. He was particularly against abortion in a public facility that is supported by tax dollars. Dam x", Kenai, expressed his opposition to tax dollars being used to take lives. He spoke of lists of people who wish to adopt babies which are not available in this country. Bruce Shirmers, Soldotna, stated the Assembly has an obligation to hear what the public has to day on this issue and then use its wisdom, judgment and experience to do the best thing for the com- munity as a result. Don JahAaaa, Soldotna, believed what is relevant is that the proper procedure be used to handle a matter of great concern to members of the community. He realized the desire of some was to get rid of the subject as quickly as possible in any way possible but their responsibility was to set it for hearing so the ppublic could address the issue. This would involve the hospital boards as well as anyone else concerned. As to statements that the As- KENAI PENINSULA BOROUGH ASSEMBLY MRRTTkIG, SEPTFMBE,R 19, 1989 sembly should not be taking up this issue, he said in a 1973 case the Supreme Court ruled all levels of government are of equal weight in matters taken up. Mike Curtis, Soldotna, encouraged the setting of the ordinance for hearing and for eventual passage. The public needed an op- portunity to speak to the issue. Tom Johnson, Nikiski, urged the ordinance be taken to hearing. He noted earlier reference to the golden rule, stating this is also a matter of rights. He stated he is a proponent of women's rights as well as men's and children's rights. He stated an un- born child is still a child. True representatives of the people would be willing for them to speak on the issue. Public hearing was closed. Mr. Hodgins felt action on the ordinance was going over the head of the service area board which made decisions concerning the hospital and that a sequence of action should be maintained. Mr. Nash stated his belief that almost any ordinance written and submitted for introduction should be set for hearing regardless of how a member might view its chances for passage. Mayor Gilman stated in answer to a question that he would authorize the writing of a legal opinion by an outside attorney due to the lengthy number of cases to research and importance of the subject. In an earlier case, Judge Cranston ruled that the borough did not have authority to regulate medical procedures such as abortions. Whether the Supreme Court decision of July changes this is one of the issues that needs to be researched. Mr. Keene referred to a portion of the existing code to which the wording of 89-47 would be added which states, "It is intended that board members shall be responsible for the level of services provided and to that end must be responsible to the electorate for the amount of taxes necessarily raised to provide such services". He did not feel the Assembly should be taking authority from the hospital boards and did not see the problem since the hospitals were not performing abortions at this time. Mr. McLane stated he was not pro -abortion but felt it was a per- sonal decision to be made and a last resort option. He stated the hospitals are not performing abortions; tax funds are provid- ing for additions for family recovery center, emergency room and replacement of equipment. He did not feel a compelling reason to set the ordinance for hearing for these reasons and also because extensive public testimony was heard on the resolution and at in- troduction of this ordinance. Mrs. Walli read a portion of a legal opinion written on the relationship of the borough to the South Peninsula Hospital Serv- ice Area which stated the borough does not have complete control over the actions of the service area board. The previous or- dinance to regulate abortions and the decision, was cited. The opinion states the borough does not have power to regulate medi- cal practice and procedures. She stated her personal belief based on her church doctrine, but asked where such regulation making might stop. She suggested setting the ordinance for hear- ing and sending it to the service area boards for review. ORD. 89-47 WAS DEFEATED BY A VOTE OF 8 YES TO 6 NO: (9 REQUIRED) YES: Poindexter, O'Connell, Crawford, Glick, McGahan, Brown, Nash, Walli NO: Skogstad, Hodgins, Moock, McLane, Mullen, Keene K -NAT PENTNS 1 w BOROUGH ASSEMA Y MEETING. SEPTEMBER 19 1989 (b) Ord- _ 89-4B "Amending the Kenai Peninsula Borough Sales Tax Coda to Exempt Gaming Sales" (Nash) ASSEMBLYMEMBER NASH MOVED TO SET ORD. 89-48 FOR HEARING ON OC- TOBER 24. Mr. Crawford reported Finance Cmte. had a unanimous do not pass vote. Vice Pres. McGahan reported receipt of two petitions in favor of exempting all charitable gaming sales made by or for the benefit of non-profit organizations from borough taxes with 1,225 signa- tures. She opened public hearing. Josaph Kashi, Soldotna, stated he was representing a number of organizations including Alaska Jaycees, Disabled American Veterans, and Parents United. He provided the clerk with af- fidavits from various pull -tab vendors stating they will not handle sales for the non -profits if they must collect sales tax. He stated the current situation was legally untenable with cer- tain organizations exempted because they have their own facilities while those with very charitable causes left out. He supported Res. 89-103 and believed they could live with the policy proposed by Mayor Gilman in 89-104, of taxing on the net sales. He stated under federal statute the Disabled American Veterans are exempted from taxation. He spoke to the cuts in other sources of funding the non-profit organizations have taken and stated the best solution is a total exemption on games. In answer to questions from Mrs. Walli, he explained the ratio of profit to the box of tabs and other intricacies of the process. Terry StAblaaa, Kenai fundraiser for Parents United, addressed the difference between non-profit organizations that are frater- nal and those that use all their resources to help people. He stated these organizations do not want to get involved in renting facilities in which to conduct games. He believed the present ordinance would not stand a constitutional test but they did not went to take it to court„ Mr. O'Connell asked what amount the organization took in gross sales in order to determine what amount the borough would be giving up with an exemption. Mr. Stahlman could not answer the question. In answer to Mrs. Moock's question, he stated the legal age for purchasing pull - tabs is 19. Dan Reynotds, Anchorage, representing the Alaska Jaycees, stated his support for the ordinance, noting they could live with the Mayor's proposal as well and supported Res. 89-103. He stated if the taxes were an the gross receipts of those selling pull -tabs, the amount of profit left to them would not compensate for the added accounting burden. Mr. O'Connell asked what the gross receipts of his organization were. Mr. Reynolds stated they are required to file quarterly and annual reports with the state but did not have the Kenai Peninsula broken out --the reports were on state-wide sales. Mitch Gravo, Anchorage, Attorney for the Alaska Charitable Gaming Assn., stated his support for Ord. 89-48. He stated the balance was revenues to government or revenues to charitable organiza- tions. If a tax must be placed on the games it should be similar to the state's procedure based on a percentage of the "ideal net" or consistent with the Mayor's proposal. He also stated his sup- port for Res. 89-103 which would limit the amount of money going to the vendor and increase the amount to the non-profit. He stated it is against state law to add a 58 tax override on a game so the tax must be absorbed by the vendor. In answer to ques- tions from Mr. O'Connell, he stated the Alaska Charitable Gaming Assn. was organized to lobby for passage of the Alaska Charitable Gaming Reform Act which passed in 1988 which completely revamped the law concerning charitable games. 10 Mrs. Moock stated in all the discussion of this subject, no one has mentioned a prohibition against adding a 5% tax to the ticket price before and asked the attorney to check the statute. Richard,ConDer, Kenai, stated he would no longer be able to sell pull -tabs if the tax is enforced and customers have said they would not pay $1.05 per tab. Pay Clemmente, Kenai, executive director of Parents United, sup- ported Ord. 89-48, stating they could not rent a facility in which to conduct games. He stated he would support the resolu- tions as alternative measures. Mr. O'Connell asked the amount of gross sales but Mr. Clemments was not prepared to answer the question although he stated they have realized a net profit of $50,000 this year. He did not know what percent of the gross was turned over to them in the Borough; his is a statewide organiza- tion. NNAgmi Shaer,, Kenai, employee of Old Time Grocery which handles pull -tabs, reported they keep these sales separate from other in- come and would not collect 5% sales tax. She reported checks are written from a separate account for winners. Atty. Reeves, having researched the statute regarding gaming sales, reported he saw no prohibition that limits tax on top of sale price, in fact, the statute definition for adjusted gross income as "income less prizes awarded and state, federal and municipal taxes`. He stated there's no other discussion of taxes in the section, but there is no clear prohibition against taxes. Mr. Nash stated the issues were fairness and practicality. Having a building in which to sell and play games exempts an or- ganization from the tax. Also, the existing ordinance is an ad- ministrative nightmare. Mr. O'Connell pointed out that the revenue would go to the borough or charitable games. He noted the borough is a non- profit organization also, which is charged with operating 35 schools for 8,000 students and disposing of everyone's garbage. He felt it was important for the borough to know how much it is being asked to waive. He reported asking the state for the amount of gross sales reported for 1988 on a few organizations which he read into the record: Soldotna Chamber of Commerce, $528,000, Soldotna Little League, $679,000, Soldotna Lions, $379,000, Kenai Hockey Assn., $51,000, People Count, $236,958, V.W. Post, $236,000, American Legion, $227,000, American Legion Auxiliary, $138,900, APOR, $192,000, Kenai Peninsula Oilers, $1,300,000. He stated this was 10 out of 57 organizations regis- tered on the Peninsula. He stated it is not a charity issue but a tax question and he wished the assembly to be aware of the size of the exemption being sought. Mr. Brown asked whether it would be difficult administratively, with a proposed tax on the ideal net, to enforce and monitor the tax. Mayor Gilman replied he had always recommended taxing all or none of the operations. The ideal net would be easier to en- force and track than the way it is now on the books. It would take into account the amount of money paid out in prizes; that would not be subject to taxation but the balance would. It would allow the tax to be built into the price and the price is what is the net on the game. ORD. 89-48 WAS DEFEATED BY A VOTE OF 6 YES TO 8 NO: YES: O'Connell, Crawford, McGahan, Brown, Keene, Nash NO: Skogstad, Poindexter, Hodgins, Moock, McLane, Mullen, Glick Walli 11 KENAI PENINSUTA B=QUQH ASSnMLY MESTiNG , SFPTEMHBR 19, 1989 (a) Rae. 89-109 "Approving the Purchase of Lots A and B, Aspen Flats Subdivision, #4, for Use By the Kenai Peninsula Borough School District for School Purposes" (Mayor) ASSEMBLYMEMBER GLICK MOVED THE ADOPTION OF RES. 89-109. Mr. Crawford reported for Finance Cmte. and Mr. Skogstad for Lo- cal Affairs Carte. a do pass recommendation on the resolution and Ord. 89-51. RV. 89-109 WAS ADOPTED BY A VOTE OF 11 YES TO 3 NO: YES: Skogstad, Poindexter, Moock, McLane, Mullen, O'Connell, Crawford, Glick, Brown, Keene, Nash NO: Hodgins, MoGahan, Walli (f) Ord. 89-51 "Appropriating Funds for Purchase of School Lands from the Land Trust Fund Balance to Account No. 2500-212010-40610" Mayor) ASSEMBLYMEMBER GLICK MOVED TO SET ORD. 89-51 FOR HEARING ON OC- TOBER 10, 1989 (early hearing). Public hearing was opened and as no one wished to speak, was closed. Mr. McLane asked what the remaining balance of the land trust fund account was and Mayor Gilman stated at the end of FY99 it was $3,400,000. ORD. 89-51 WAS SET FOR HEARING BY A VOTE OF 13 YES TO 1 (McGahan) NO. M. CONSIDERATION OF RESOLUTIONS (a) Rea. 89-73 "Accepting Transfer of Kachemak City Municipal Road maintenance Powers for the South Kenai Peninsula Road Maintenance Service Area" (Mayor) DEFEATED 7/18, REEONSIDERED 0/1 AND POSTPONED TO 9/19 Vice Pres. McGahan noted a letter from Kachemak City is in the packet (requesting their resolution transferring road powers to the borough be placed "on hold" until funding possibilities are researched). ASSEMBLYMEMBER GLICK MOVED THE ADOPTION OF RES. 89-73. Mr. Skogstad reported Local Affairs Cmte. had a do not pass recommendation based on the letter from Kachemak City. RES. 89-73 WAS DEFEATED BY A UNANIMOUS NEGATIVE VOTE. (b) Ras. 89-103 "Requesting the Department of Commerce and Economic Development to Set a Maximum Limit for Vendors to be Reimbursed for Conducting Pull -tab Activities on the Behalf of Non-profit organizations" (Brown) ASSEMBLYMEMBER BROWN MOVED THE ADOPTION OF RES. 89-103. ASSEMBLYMEMBER WALLI MOVED TO AMEND SECTION 1 FROM "30%" TO "10%" THE MOTION FAILED BY A VOTE OF 2 YES (O'Connell, Walli) TO 12 NO. Mrs. Moock stated she would vote against the resolution, as she objects to any governmental body dictating what percentage of profit a business organization should receive. 12 KENAI PENINSULA BOROUGH ASSEMBLY MEETING. SEPTEMBER 19, 1989 Mr. O'Connell urged the third "whereas" clause be noted which states, "some vendors are believed to remit to non-profit or- ganizations less than 50% of the ideal net". He stated it seems no one really knows what is going on with these games. ** Vice Pres. McGahan noted the passage of the midnight dead- line for legislative action. N. PENDING LEGISLATION (a) Ord. 88-27 (Nash) REFERRED TO PLAN. CMSN./ASSM T.F. (b) Ord. 88-49 (Mayor) TABLED 7/18/89 (c) Res. 89-35 (Carey) TABLED 4/4/89 0. FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON SUBJECTS NOT ON THE MEETING AGENDA P. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS Q. MAYOR'S REPORT (a) Seward Flood and Oilspill Update Mayor Gilman stated there was no answer as yet from the federal government as to whether it will declare the flood a national disaster. He expected information in the next day or two on the Governor's winter plan for cleanup of the oillspill. (b) Borough Timber and Firewood Memo Mayor Gilman stated there would be further information next meet- ing on the forthcoming timber problems in Cooper Landing. (c) October 4 meeting with Governor Cowper Mayor Gilman stated the assembly/school board meeting is to dis- cuss the education amendment the Governor will be proposing before the legislature. R. OTHER BUSINESS (a) Motion to change dates of Assembly meetings ASSEMBLYMEMBER GLICK MOVED TO CHANGE MEETING DATES TO OCTOBER 10 AND OCTOBER 24. MOTION WAS APPROVED BY UNANIMOUS CONSENT. (b) Appointment of member to KBEA Health Care Cmte. ASSEMBLYMEMBER GLICK MOVED TO APPOINT JONATHAN SEWALL TO THE COM- MITTEE AND IT WAS APPROVED BY UNANIMOUS CONSENT. S. ASSEMBLY AND MAYOR'S COMMENTS ASSEMBLYMEMBER HODGINS MOVED TO ADJOURN AND IT WAS APPROVED BY A VOTE OF 12 YES, 2 (Mullen, McGahan) NO. T. INFORMATIONAL MATERIALS AND REPORTS U. NOTICE OF NEXT MEETING; AND ADJOURNMENT (10/10/89 This meeting adjourned at 12:15 a.m. Date approved ortnher 1n� 19A9 13 Fairbanks Daily News-Minet., February 26, 1989, page B-1 W Cowper's eci iic a t i 0 nil endowment mill'act 0f tll--- �tt lm his mapr policy address last month. c.uv. sieve Cowper announced a new "educatiwial co- dowment" to direct part of the permanent Fund's earnings to- ward -supporting education" in Alaska. The scheme is embodied In RJR 13. introduced by the governor. This constitutional amendment would transfer 40 percent of the fund's investment earnings to a new "educational endowment" within the principal of time perms ineiit fund. All the annual earnings al this "endowment" would also be plowed back into the end lwatent's principal. The overnor and his 404 have +m Fir Pradl 's repeatedly ctaimed tails will not affect out pertnrnivti lurid di vtderids or the lurid itacfl Hill aov body with the atom basic under stand" of flow lire it" opi•rates can tell that that endowment is era thing more than a ruse to transfer most of the current earnings slid dividends to a atiishfund that would free local school districts Iron hav- Business failures down 6.60/c--57,098 died hi 188 NBw YORK (API—U.S. tisst- am f allures declined 6.6 perralt in 1Ns, the biggest drop in a decade. Uun 4 Bradstreet Corp. reported Thursday. The bustam.fidaesaatisa com- pany said $7.098 businesses; went under last year, compared with $1.111 in alto?. "The swieaat dwome is fai- him underscarw the eomtisssed strength M the aeemewy. sew, in its seventh year at erlpsNalaN." said JostoW.Do iesn.eifietaesaeslsist for Dun i Bradstreet. '"foe tas- tisa's weakest regbsa see fbir+istg impr"ements, while those use" that led the expansion are belMng their urn.'• The survey said failures well dawn M afa at tAe aatian'a lulus taw• em regal!", with only the Ki/de Attanthe blesses reparUNs a si111111tifi- easnt ituensfw. 77te doelUe In Whims was osro- eSaiiy soubM IN stage with --4- eviture und od-b--- eeoNa according to the survey. Among sit businesses, failures were down or fiat in seven of the Am atsjor sectors. Agriculture tat hires dropped $t.s percent to I,eZI from 3.766. and failures in the min ing sector. which includes ait and gas extraction. were down 21 2 per ce t to 494 from t27. '"Ioe dramatic der ease M agrt- ituharal (aitures at ifM is slinttut- SW N ells startle at failures in earl y IM7, as farmers took advantage of the new Chapter I2 bankruptcy code." Duncan said. Toe report also found that retail Callum decreased 6.1 pi•rcent to It.4tle from 12.240, and services bankruptcies were dawn 4 7 per conk M 23.60 from 23.202. Manufacturing failures were dowel 1.0 pereeat to 4.244. while wholesale trade failures inmased 2.7 pet Bari► to 4,49i. Coratructton failures were essentially un- charged at 0.791. wg to *,.it luval taitpa)Lers or the iA't;ulJlufc fur rironet riot• ,.has veers It -lit 11 suspi cuni:.ly is titnott hlrpnmty IA•.ula•r lot it lla;ford. It Cluti:wrh, a "lost at munch Jetcny i of +i,e iM rinrnent lurid. Ilai(ord asked the permanent (,,tut rttanagers for a yro)ccuon of IiI,• rllcets fit tine governor's plan The pacY.ayclA.1, i;dt>,tisecdIII the lXR11JI40C wuul.i aLo p:ty Ilse as Iming earitings user%e tit the lund all, Tt mdhust as the ir;utai princip- sl of Utcen,Wwmint• andl'utit•recut of the U,lsl fund's earnings would he tranAetted each year 10 the general fund w here they could pay otter state gu%urnment costs 'trite very m lribiug resells are shown at lire ch,,rl that Jct'uritpa- nu s (III% cutunin Tic guveraur'b scheme would take 67 3 btliwn from the perma Went fund principal i.ciwten now and the year 20(10 By the year 2005. file principal will lose 312 I billion. lour permanent hind ditidend cttecks wifi be ease ntialty capped at no higher than Situ is year, about 3 (W less than what we gel now. over the next decade tins would cast you $3.50J 95 cach Oter the next 15 )cars it would cost you $7.459 53 At that time. in the year tons, you would be getting only $412,17 a year for a do iilcnd check instesd of t1w 31 511 75 protected under exoting law Putting it Nwvther way, by the year 2000 every schuri► age child would tic paying a "tuition" of ab- out HaO a year to supl-irl his IocAi public scluu,l S.• vv tud't t .tt ii u( Ma parcels, ad -hag up to ai 1, Jsl 31.I140 a family Tire annual sttd,trnn M earnings to the (uad•s principal itt protect it from 4dlntitrn would end in IWI Their simply wottidn t be enough earnings left to pay it Unde. 11-IN 13 file nun -education part of the permanent turd principal, the part that really is tit, liernianem fund, Glt0WT11 AND tltll'ACT--Ttte effects of Gov. Steve Cooper's "eaucatton enoow- meut" proposal on the permanent fund over the next is years are shown in Umse two graphs. The left graph compares, in billions of dollars, the projected growth in the permanent fund's principal with and without Cowper's plan to divert 40 percent of future earnings to an "education endowment," a seperate investment fund that would help pay the state's annual grants to local school districts. The right graph shows the impact of Cowlwr's proposal on the annual permanent fund dividend checks over the same time period. %oultf tssentially stop gruwing In real it rats, corrected for inflatiow it would dwindle to less than half its present value by 200S. liJh 13 is cleverly crafted to di- vert virtually all (tie permanent fund's investment earnings to the education endowment, and ant of the "endowment's" earnings would automatically go to schoul district grants. Not that this would really pay for education to the extent that the gov crn,nr impbt-s The Ir-ri taricel (teed proicctions slo,% that it would pro vide only 113" mullion a year in earnings by the end of the century, which is little Mort than hall what the state government sends local school districts in basic education support now. By the time the school districts start receiving any substantial amount of money from the edues- tionenduwment, it would be paying only about one quarter of what's needed. This is a curious proposal. In- stead at paying state school support from oil revenues, as is now the case. it would be paid out of the permanent fund principal and our yearly dividend checks. Why would we want to do this'. it we want to pay hundreds of dol tars a year more to support our schools, we have the authority now to have our local governments raise our taxes, to do so. We don't need le sire up our dividend cheek!, shod there are levels name federal tncome tax advantages to supporting schools with isaes rather than taking fix money from oir share of the permanent lurid earnings. Also, local tax support of school districts helps keep the schoot administration and faculty more sttuned to the desires of the people Paying the bills. The goveratit's plan might not provide any more money, but would lust change it from a tax structure which the citizens control every year to an automatic lithe from our perma- nent fund dividends in which we have no voice Would fills improve education? There's full a hint anywhere in the governor's pr nviallthat the money would be sWril any more effective- lythan it is now The gavemer touts his program ao a Doors for educa- tron, but there's etottiiryl in it but a change in the sauce a1 a portion of our state's education funds. The govern" *0, propetsal is mot an -endowment " it's an act of theft. 24 r-- 0 Cn c 0 m 12 Projected Growth of Fund Princip; Inflation —Proofing Versus No inflation —Proofing 87 88 89 90 91 Fiscal Years 95 0 5 Projected Per Capita PF Dividends Ir`iGt;or—Prow?ire 2040 Versus No Inf,a�icn—Procfir c S 1750 'n 1500 v 0 0 75 1250 V Q 1000 Y� 750 a� 500 87 88 89 90 91 95 0 5 Fiscal Years PER MANENTT FUND PROJECTED EARNINGS Inflation —proofing Versus No Inflation —Proofing 2400 1 1, 2100 O U) n O 1500 1200 900 Y , „600 57 as 99 90 91 95 0 5 Fiscal Years WItn without KENAI PENINSULA CAUCUS AN ORGANIZATION REPRESENTING MUNICIPAL GOVERNMENTS AND CHAMBERS OF COMMERCE OF THE KENAI PENINSULA BOROUGH 177 North Birch Street, Soldotna, Alaska 99669 Phone: 262 9107 Board of Directors Municipal Governments Don Gilman, Kenai Peninsula Borough Betty Glick, Kenai Peninsula Borough John Williams, City of Kenai Dolly Farnsworth, City of Soldotna Michael Bundy, Kachemak City William Noll, City of Seward Jim Fiip, City of Seldovia Chambers of Commerce Buzz Kyllonen, Anchor Point Gloria Wisecarver, Funny River Duane Hyer, Homer Jim Carter, Kenai Jack Brown, North Peninsula Susan Springer, Seldovia Andy Patapoff, Seward Phil Turkington, Soldotna NOTICE & TENTATIVE AGENDA -FOR ANNUAL MEETING Saturday, November 11, 1989 9:30 AM Assembly Chambers a212223�t c Kenai Peninsula Borough'2 Soldotna, Alaska �� 14 ]^^O//CT 1989 itJJt.IiJl . 1. Call to Order & Roll Call YTY CLERK Ar €% 2. Agenda Approval rf�°�saEss'� 3. Minutes from Previous Annual Meeting: October 1,1988 4. Resolution 89-11 Establishing Annual Dues for Voting Members and Associate Members and Adopting a Budget for the 1989/1990 Fiscal Year 5 Report of the Nominating Committee a Election of Officers 7. Resolution 89-12 Designating the First National Bank of Anchorage as the Depository for Funds of the Kenai Peninsula Caucus and Authorizing Certain Officers to Sign Checks & Review and Revision of the Legislative Policy Statement 9. Adoption of the 1990 Caucus Legislative Policy Statement 10. Topics for Future Resolutions to be Considered by the Board of Directors 11. Other Business 12. Adjournment October 13,1989 ,Z NFO -lS CITY 01 uOapdai 4 44;"a 11 210 FlW►LGO KEHAI, ALASKA "Oil_ TELEPHONE 283. 7535 FAX 907.283.3014 October 16, 1989 Neil C. Johannsen, Director and State Liaison Officer Alaska Division of Parks and Outdoor Recreation PO Box 107001 Anchorage, AK 99510-7001 i Re: Land and Water Conservation Fund Grant Proaram Subject: Kenai River Mouth Viewing Area Dear Mr. Johannsen: The City of Kenai intends to apply for 50/50 matching funds from the Land and Water Conservation Fund grant program for the Kenai River Mouth Viewing Area. This project received Kenai City Council approval during the council meeting of October 4, 1989. The project will consist of the development of a viewing area overlooking the mouth of the Kenai River. The project may include but is not limited to gazebo type covered viewing station (s)► possibly picnic sites (covered and/or uncovered), walkways, parking, landscaping, signs including interpretive wildlife and other signage, benches, etc... Examples of what can be seen at this site include: Mt. Illiamna and Mt. Redoubt, active volcanoes * Mt. Saint Augustine Alaska's most recent volcanic eruption * Chisik Island, a Federal Wildlife and Bird Sanctuary * The mouth of the Kenai River and Cook Inlet * Beluga whales, salmon runs, snow geese, ducks, birds, and the caribou migration route on the Kenai River Flats (the Kenai River Flats Viewing Area presently being developed will be viewable from our site and visitors will be directed to it for more information) * The Kenai fishing fleet passes directly below our site. * Beautiful sunrises and sunsets with the Kenai and Alaska mountain ranges for backdrop. Page 2 The interpretive and informational signs might include: * Wildlife identification and habit * Mountains, rivers, islands and volcanoes identification, explanation and information * Sport and commercial fishing information * Information on the Cook Inlet * Historical and archaeological information. A rough preliminary cost estimate, assurance of non-federal matching share, and assurance of development project land ownership are enclosed according to the requirements of the program. Upon your review of these items, and determination that our proposal is eligible for assistance under the- Land and Water Conservation Fund grant program, please forward a ;omplete project application. Sincerely, 4ez4z e4"" Keith Kornelis Public Works Director KK/kv Enclosures Faxed: October 17, 1989 (907) 762-2535 KENAI RIVER MOUTH VIEWING PLATFORM ASSURANCE OF DEVELOPMENT PROJECT LAND OWNERSHIP I, the undersigned, hereby certify and verify fee simple ownership of the land to be developed by the project which is the subject of this application. A portion of Tract C or E of the Daubenspeck Property Subdivision as shown on Plat No. 79-49 filed in the Kenai Recordina District. . Date / Q Z 17Z2�2 Wm. BrigtiWon City Manager STATE OF ALASKA )ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this 12/�Cday of t��. 19,gf, 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 for Alaska My Commission Expires: 7�10.� ;w KENAI RIVER MOUTH VIEWING PLATFORM ASSURANCE OF NON-FEDERAL MATCHING SHARE I, the undersigned, hereby certify and verify that the non-federal funds for the project which is the subject of this application are available or will be available by project start date by the following means: Appropriations Bonds Volunteer Labor, Equipment $ental and Material Donations Force Account Land Donations TOTAL NON-FEDERAL MATCH 8,000 + 50,000 $ 88,000 By this document, I authorize the repository of the appropriations indicated above to certify the existence of the indicated funding to the State of Alaska or its authorized agent. U Z!kFB':� Date �r9 Wyn. J. righto City Manager STATE OF ALASKA ) )ss -` THIRD JUDICIAL DISTRICT ) a THIS IS TO CERTIFY that on this y of �c /�/�da 494 19f, WILLIAM J. BRIGHTON, City Manager of the City ,*f'Kenai, r Alaska, personally known to me or having produced satlafactory evidence of identification, appeared before me and acknowledged the ' voluntary and authorized execution of the foregoing instrument on behalf of said City. � Gi-rl Notary Public for Alaska My Commission Expires: 7 /a/i� KENAI RIVER MOUTH VIEWING AREA ROUGH PRELIMINARY COST ESTIMATE SUMMARY This outline should serve as a guide in the preparation of a preliminary cost estimate. 1. Site preparation $ 5,000 2. Landscaping 10,000 3. Roads, trails and parking 40,000 4. Support buildings (gazebo type) 20,000 5. Picnic sites 1,000 6. Signs 1,000 7. Lighting 3,000 TOTAL ESTIMATED CONSTRUCTION COST $ 80,000 LAND COSTS 50,000 PLANNING, ENGINEERING AND CONSTRUCTION SUPERVISION 20,000 CONTINGENCY OR INFLATION FACTORS 10,000 TOTAL DIRECT COST $ 160,000 STATE ADMINISTRATIVE COST (10%) 16,000 TOTAL PROJECT COST $ 176,000 TOTAL PROJECT COST DIVIDED BY TWO 88,000 EQUAL FEDERAL SHARE REQUESTED 88,000 . APPLICATION AND CERTIFICATE FOR PAYMENT AIA DOCUMENT C702 (Instructions on reverse side) f,,GE ONE or IS\GEs TO (OWNER): City of Kenai w 2, 425��j PROJECT: Airport Terminal Remodel APPLICATION NO: � ` Distribution to: F 1 OWNER WPERIOD TO: �v-Z3-��- ;ARCHITECT wLI FR0��1 (CONTRACTOR): ^' -� (Zc VIA (ARCHITECT): "' CONTRACTOR G & S COnSti { William ARCHITECT'S PROJECT NO: Kluge � r CONTRACT FOR: KE n �sTermi nal RemaZi CONTRACTORZ'S APP FOR PA'1Mrr_"N T CHANGE ORDER SUMMARY Change Orders approved in previous months by 0,6vner TOTAL_ ADDITIONS DEDUCTIONS Approved this Month t',C ,t Number Date Approved TOTALS Net change by Chang Orders The undersi!,n:,cr Cn ,r, .. , :;if that to the b st of, Contra(tor's knowledge, inlunnat c,n anti belief the Work covered by this Application for Payment has been completed in accordance with the Contract n ments, that it! -mount, s have been pair? !)%- the Contractor for Work for which prC\inns Cnrlfficates for Payment issued and payments received from the Owner, and that Current payment shown herein is now due. CONTRACTOR: G & S Construction R. D niniel Green owner By: �--: ' Date CONTRACT DATE: 17_14_r>� Application is made for Payment, as shown helmv, in cnnrw,tinn .ith the Contact. Continuation Sheet, AIA Document G703, is attached. 1. ORIGINAL CONTRACT SUtit ....................... S 6917 _ 7( OO 2. Net change by Change Orders ..................... S G � 3. CONTRACT SUM TO DATE (Line 1 - 2) .............. S -171 d. TOTAL COMPLETED & STORED TO DATE ............ $ (Column� on G703) 5. RETAINAGE: L, 3- _� ^'. of Completed Work C (Column D + E on G703) b. _ '% of Stored Material S (Column F on G703) Total Retainage.(Line 5a+5b or Total in Column I of G703) ..................... 5 6. TOTAL EARNED LESS PETAINAGE ................... S (Line •t less Line 5 Total) % ` • '" __ f i' 7. LESS PREVIOUS CERTIFICATES FOR PAYMENT (Line 6 from prior Ce etc tel ........ Y. CURRENT PAY.91ENT DUE ....... � 9. BALANCE TO FINISH, PLUS RETAINAGE . ."— (line 3 less Line 6) State of: County of: Subscribed and sworn to before me this Notary Public: My Commission expires: d,, r, f 10 ARCHITECT'S CERTIFICATE FOR PAYMENT AMOUNT CERTIFIED.. noun ... certified differs orn 0 e 5 ��� j (Attach explanation if amount certified differs from the amv ntt't ;rF ;1)Ir In accordance with the Contract Documents, based on on -site observations and the ARCHITEC�Iliam uge data comprising the above application, the Architect certifies to the Owner that to the j�� best of the Architect's knowledge, information and belief the Work has progressed as By: Date: ,_ .L indicated, the quality of the Work is in accordance with the Contract Documents, and This Certificate is not nts"tWtiable. The AMOUNT CERTIFIED is a}aL the Contractor is entitled to payment of the AMOUNT CERTIFIED. p Contractor named herein. Issuance, payment and acceptance of pa} me prejudice to any rights of the Owner or Contractor under this Contr 01 AIA DOCUMENT G702 • APPLICATION AND LERTIFICAIE FOR C,1"MENf • MAY 198.1 EDII[ON • AIA' • c 1983 THE A.MERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE, N W., WASHINGTON, D.C, 20M6 C xAtpo - /7 PA...YF ESTIMATE N.0 e CITY OF KENAI Project Toyon Way - Fathom Drive Intersection St'. Improvements Contractor Harley's Trucking P� Pc Address PO Box 672r Soldotna, AK 99669 Project No. Phone (907) 262-9140 Period From �'ZS-�9 to 10-23-S9 �l �2 �3 ANALYSIS OF ADJUSTED CONTRACT Original contract amount Net change by change orders Adjusted contract amount to date A,1OUNT TO DATE $ 66,603.00 S111 b6,, (p03.0o ANALYSIS OF WORK COMPLETED (4 Original contract work completed � `�"�, �'j�5.oa � (S Additions from change orders completed �G Materials stored at close of period �7 'Total earned0+0+ 0= 59) Sos, oo -' ® Less retainage of percent I, I9Lo.10 Total earned less reta1nage07 -(D_ 58) (D08 ,qO 0 Less amount of previous payments Balance due this payment ,(o0S.9c) �p �7Wa, 5� $cgs OCT 10 PAY ESTIMATE N0 4 CITY OF KENAI Kenai Municipal Airport - 1989 Improvements - Phase II , Project wa & la—xiway C Overlay-N Contractor Oual$ty Asphalt Paving •..... :�� `;�.a E �fr �y- c��,. - - Address 4025 Rasberry Anchorage, AK 99502 ' Phone 243-2212 Project No. A.I.P. 3-02-0142-07 Period From 10/7/89 to 10/23/89 ANALYSIS OF ADJUSTED CONTRACT MOUNT TO DATE O1 Original contract amount O2 Net change by change orders �3 Adjusted contract amount to date $ 986,642.80 -0- -- 986.642.80 V M ANALYSIS OF WORK COMPLETED Original contract work completed i35,y8S:"58 / Additions from change orders completed -0 ?Materials stored at close of period 54.890.3511, Total earned O +(D+0 = Less retainage of 10 percent Total earned less rctainagc O - 8 = Less amount of previous payments Balance due this payment 189,$75.93:1 18,997.59 17011$98.34 154.019.56 16,4R'8.78 I � '� ►� SWITMA DDROM aIUtUM ferial .No, n-226 A MOLUTION OF TI A S=NLY OF TIM 10-TANUsKA-$uSITNA DOROUI�ii RRLATZNG TO THE bIR# BT �T 1* OF R�tt�iELT 1t MO. WHEREAS, the foes ors hs,- C rago, ' --Fairbanks, Kenai and Matanuska-Susitna (also known as the Railbelt Coalition) have agreed to meet and confer to develop consensus on various issues affecting the tour boroughs, including the distribution of;the Railbelt Energy Fund; and WHEREAS, formal rules of procedure for the conduct of the Railbelt Coalition meetings have yet to be adopted, however, past practice of the Railbelt Coalition has been to require each of the four boroughs to ratify proposed resolutions prior to final- ization; and WHEREAS, without ratification of each of the lour boroughs, an action is not approved; and WHEREAS, on February 18, 1989 at the four -boroughs meeting, a temporary subcommittee was appointed and determined that. the Railbelt Energy Fund should be spent within the Railbelt; and WHEREAS, on August 19, 1989 at the Railbelt Coalition meeting in Fairbanks, another subcommittee was to be formed, to include two members of each of the boroughs, to develop an acceptable plan for the distribution of the Railbelt Energy Fund, This subcommittee was never formed; and WHEREAS, on October 21, 1989 at the Railbelt Coalition meeting the Matanuska-susitna Borough voted aoainst the addition of $10 million for a Seward project; and ft*lt" brand tax transmittal memo 76'TI 1 N e1 "of 0 7-192489-1 Res. 89-226 put tZ - RA Is/ WHEREAS, the Anchorage eoaendment to the proposed resolution of the Railbelt Coalition.associated with the distribution of the Railbelt Energy further complicated the issues associated with the distribution of the Fund by deferring consideration of the fund's distribution until a future date; and WHEREAS, the MAt4nu81ta-Susitna< Borough remains one of the most depressed econmic are $ of the state; and WHZREAs, the Matanuaka-Susitna Borough's priorities may be different than the priorities of the other three boroughs; and WHEREAS, the Alaska Power Authority has determined that intertie projects are not economically feasible because the cost benefit ratio of the projects are low; and WHEREAS, Railbelt Coalition Joint Resolution Serial No. 897003AM does not take into consideration an equitable distribu- tion of the Railbelt Energy Fund or the Matanuska-Susitna Bor- Ough's interests; and NOW, THEREFORE, BE IT RESOLVED that the Matanuska-Susitna Borough objects to Joint Resolution Serial No. 89--003AM which waa discussed at the October 21, 1989 Railbelt Coalition meeting; and BE IT FURTHER RESOLVED that the Matanuska-Susitna Borough does not ratify Railbelt Coalition Resolution 89-003AM; and BE IT FURTHER RESOLVED that the Matanuska-Susitna Borough urges the Railbelt Coalition to comply and implement the motion Of its meeting of August 19, 1989, establishing a subcommittee to develop an acceptable plan for distribution of the Railbelt Energy Fund and implement subsection (b) of Resolution 89-002 which states: 9-102489-1 2 Res. 89-226 Following release of the Alaska Power Authority Railbelt Power Alternatives Study, the Railbelt Coalition will most and forward specific dollar recommendations to the legisla- ture; and BE IT FURTHER RESOLVED that a special meeting of the Railbelt Coalition meeting be convened at the November 1989 Alaska Muncipal League meeting to consider the recommendations of the subcommittee formed to determine a Railbelt Energy Fund distribution plan; and BE IT FURTHER RESOLVED that a copy of this resolution, along with a letter of transmittal be forwarded to the Anchorage, Fairbanks and Kenai boroughs and to the Matanuska-Susitna Borough legislative delegation immediately. PASSED AND APPROVED by��the / Assembly of the Matanuska-Susitna Borough this � day of U;.�U 1989. Dorothy A. J' es, yor lop ary ist, ssemblyperson Rose Palmquisti Ame—oinblyperson Nr Levesque, A rson { Absent Absent arbara J. Carr, Asaemblyperson Steve Cypra, Assemblyperson eanor lapanes, A lyperaon Ted Smith, Assemblyperson ATTEST: - Linda Dahl, Borough Cle (SEAL) 7-102489-1 3 Res. 89-226 O CITY OF KENHI FOR COUNCIL I NFORMHTI ON N Transfers of Funds under $1,000 (KMC 7.25.020) Date Department 10/4/89 Airport Terminal 10/10/89 Airport Lands For Nov. 1, 89 City Council Meeting Amount From To Explanation $900.00 Contingency Rep: & Main. Install new telephone lines in Bar, Restaurant & Gift Shop 950.00 Contingency Misc. Back Personal Property taxes for Dairy Queen, future registration fees, recording fees 10/16/89 City Clerk 170.00 Misc. Print/Bind. Election costs more than anticipate( ADULT DAY CARE Forpt-Mg-Not Sexiot Cote 1104 uissiox Ave, lati, Af ids 9%11 Ffint;113-7294 Notts: MUM - Worm 1(ex1e1 Afftl i FW61 SUNDAY VA 1 2 3 ""..4 Tin/Ton Game Add a Letter DD Game Remember Wor its/Crafts Shuffle Brd. i 10erem Sing -a -Long Box Game Movie / 5 6 7 8 9 10 11 DD Game II Beauty Parlox What Animal ME Game Bread Bake Exercise Election Arts/Crafts CENTER CLOSED- Current Evts Bingo Slides Sing -a -Long Tourist Att. VETERANS DAY 12 13 14 15 16 17 18 Charades Beauty Parlox MI Game CH Game Car Parts Cookie Bake Exercise Lets Talk Arts/Crafts Dominoes Current Evts Bingo Sing -a -Long Box Game Movie 19 20 21 22 23 24 25 CH Game II Beauty Parloi Things to Plant '�� n kls' ivinii`` Bread Bake Exercise Lets Talkp Current Evts Bingo Sing -a -Long CENTER CL)SED 26 27 28 29 30 WIN Game Beauty Parlor AL Game EX Game Cookie Bake Exercise Remember the Arts/Crafts Depression Current Evts Bingo Sing -a -Long Box Game COORDINATOR'S COMMENTS LOUISE'S CORNER "Home is the heart's haven. it is a sheltering roof, but more than that... ideally, it is the place where the family unit dwells together in mutual Drotection, sacrafice, and love, sharing with each other the tangible and intangible needs of life." Esther Baldwin York Each of you, especially those of you who are caregivers, know how important home is and even more so the family unit. As the holiday season draws closer, each of us should take time to appreciate the gifts we have in our lives --our families around us, food on our table, good friends, and the secure knowledge that we are loved, wanted, and needed. This may be a difficult time for those of you who are being the caregiver to a parent or spouse. You remember how it was before... when your parent or spouse was the head of the household and made the holiday magic come to life. Now you must carry the load and make this same magic for your loved one. Where you once depended on them, they now depend on you to make this a truly wonderful Thanks- giving. To each and everyone of you, from those of us at Forget -Me -Not, have a Happy Tha sgi ng!!! Rho L. Webb Program Coordinator DAILY ACTIVITIES * Coffee Rlatct * Exercise * Group Activit * Open Activit} * Lunch * Devotional * Group Activit * Bingo This month's theme is Home and Thanksgiving. We will be having discussions on Hawaii and Thanksgiving. There will be special slide shows and sing -a -longs about Remembering "The Depression" and Remenbering "The Work Life." Current events on Mondays and Country music and sing -a -long with Larry and Margie Dean on Wednesdays. Beauty parlor is every Tuesday and more out -trips are in the planning. I will be on vacation from November 3 to November 30. I am going home to New York to be with my family for Thanksgiving. I hope to visit some Adult Day Care Centers in New York City and plan to give a slide show presentation about our Center at Walnut Mt. Care Center in Liberty, NY where I used to work. Will see everybody again on the 30th. Happy Thanksgiving!! Love.... ago Louise V. arle Activities Specialist HAPPENINGS THIS MONTH The Flower .......... Chrysanthemum The Stone ............ Topaz NOVMEBER IS National Alzheimers Disease Awareness Month National Epilepsy Awareness Month International Creative Child & National Adult Month One Nation Under God Month Nov. 1-7 National Fig Week 12-18 American Education Week 18-24 National Eating Disorders Week 19-25 National Family Caregiver Week Nov. 7 National Notary Public Day 11 Veteran's Day 17 Great American Smokeout 23 Thankgiving Day 30 Stay Home Because You're Well Day HAVE A GREAT MONTH!!!!! CAREGIVERS SUPPORT GROUP TU4 next Caregivers Support Group will be d Tuesday, November 14, 1989, 12:00 noon at the Forget -Me -Not Center. We will have a group discussion led by Sandy Altland. This will be an opportunity for caregivers to express problems and frustrations and find out how others are coping. Please plan on attending. October's Support Group was on Dealing with Guilt. This topic will be explored more in the months to come. We will also have a reporter at the next meeting who will be working on a story for the Clarion regarding caregivers. FOOTNOTES * Center will be closed November 10, 1989, in observance of Veteran's Day. * Center will be closed November 23 & 24, 1989, in observance of Thanksgiving. Volunteers meeting will be November 13, 1989, 3:00 p.m. at the Center. * November 19-25, 1989, is National Family Caregivers Week LIBRARY CORNER !Alxbeiter's Disease: A Guide for Families Lenori S. Powell, Ed. D. & Katie Courtice (Ava$.lAble to be checked out at the Center) ISO Rcnr re for your Parents: A Handbook or uChildren: Nora Jean Levin form` i.n8 Press Box 3566 Washington, D.C.20007 $4.95 7A f "Each indiviudal has a place to fill in the world, and is important, in some respect, whether he chooses to be or not." Nathaniel Hawthorne VOLUNTEERS Volunteers, have you checked the volunteer box at the Center. Please do so for in- formation which may be valuable in your job. As a volunteer your services are invaluable to all of us at Forget -Me -Not. We appreciate the time you devote to our participants. In the month of November, I am going to need your services even more. Louise will be going on vacation and I will be relying heavily on each of you during the time she is gone. Please let me know the day before if you will not be able to be here on your scheduled day. Also, please let me know if you can work extra hours or days during the month of November. Thanks for your help!!! FOCUS: WHO ARE CAREGIVERS? 75% are female ° Average age is 46 with 38% under 35 and 15% over 65 ° 66% are married ° 37% share a household with the care recipient ° Approximately one-third become caregivers because they live in close proximity to the older person; 18% because they have a closer relationship with the recipient; and 16% because "no one else would do it." 47% have household income of $25,000 plus; 20% less than $15,000; 10% at $50,000 or more 31% of caregivers reported children in the household under 12 and 23% reported living with children 12-17 ° 55% of caregivers are employed; 42% full-time and 13% part-time 33% of full-time employees are 37% of part-time have lost time from work due to caregiving responsibilities 15% previously employed chose early retirement and 12% reported giving up work entirely while helping an older relative 9% reported taking a leave of absence; 4% reported problems with supervisors; and 3% turned down promotions. Caregivers, you are not alone and should live daily by the Caregivers Bill of Rights. Read on to Added Focus. ADDED FOCUS A CarqOvees Bill of RJ&b I have the right - 1, to take care of myself. This is not an act of self- ishness. It will give me the capability of taking better care of my relative. — to seek help from others even though my relative may object. I recognize the limits of my own endurance .,and strength. to maintain facets of my:,O,w,n life that do Aipt s include the person I care for, just as I would if he or she son were healthy. I know that I do everything that I rea ably can for this person, and I have the right to do some Al things just for myself. to get angry, be depressed, and express other difficult feelings occasionally. to reject any attempt by sAy fWadve, (tither W&- ous or unconscious) to manipe ft-amithrough er,ordepression 1. to relCOM GNMMMW-Stion, acceptant as I offei)h... jill a" to take P aud the lc;!&e me et Iledls Of. MY fcw t-.:to ptdP*.; UAR riot to �-Ov* 4ustain t to Vol Alt,ii),Ckyl A p t/ /9A q MONDAY T DAY .� WEDNESDAY grkiUMDAY FMDAY j 3 PORK CHOPS BAKED HALIBUT MUSHROOM STEAK BAKED POTATO PARSLEY POTATO RICE WALDORF SALAD GREEN PEANS TOSSED SALAD HOT BREAD CHILLED BEETS MIXED VEGETABLE GINGERBREAD HOT ROLL CRANBERRY BREAD BANANA CAKE PUDDING 7 8 /Q BEEF STEW STUFFED PEPPERS CORNISH GAME HEN SPLIT PEA SOUP CENTER CLOSED MANDARIN ORANGE RICE STUFFING GRILLED HAM SAN IN OBSERVANCE OF SALAD CORN SPINACH SALAD COLESLAW VETERAN'S DAY CORNBREAD TOSSED SALAD PINEAPPLE JUICE TOMATO JUICE GRAPE JUICE FRESH FRUIT ROLL CHOCOLATE PUDD. DESSERT BROWNIE ROLL TURNOVER COOKIE 1 /fit /5 1& /7 DOG GASSER BEEF STROGANOFF VEAL PARMESAN ROAST PORK CABBAGE ROLLS HOT NOODLES TOSSED SALAD CORNBREAD DRESS. AU GRATIN POTATD CORN SUNSHINE SALAD SPAGHETTI SAUCE GREEN BEANS FRUIT SALAD JELLO SALAD GREEN BEANS NOODLES WW ROLLS BANANA MUFFINS MELON ROLL GARLIC BREAD CHILLED APRICOTS ICE CREAM GARLIC BREAD PINEAPPLE CAKE JELLED CONFETTI BIRTHDAY CAKE DESSERT 20 2''Z ,Z'S BBQ SANDWICH ALMOND CHICKEN MACARONI SALAD FRUIT CUP RICE HONEYED CARROTS THANKSGIVING THANKSGIVING CENTER CHOC. ICE CREAM FRUIT CUP DINNER DINNER CLOSED CHOC. COOKIE HOT ROLL BK. FOREST CAKE P27FRENCH DIP do�f ROAST LAMB 12 SWISS STEAK `3orURKEY DIVAN POTATO SALAD MINT JELLY MASHED POTATOES MASHED POTATO COLESLAW DUCHESS POTATOES PEAS BROCCOLI PEACH COBBLER PEAS HOT ROLL TOSSED SALAD HOT ROLL FRESH FRUIT HOT ROLL STRAWBERRIES COOKIES ICE CREAM SUNDA LE T- f 1"I -1"I CITY OF KENA1 eajai4d 4 / 7 �iiMiN" „ 210 TEUPMMM.7m FAX 907.283-014 MEMORANDUM TO: Mayor Williams & Council FROM: Janet Loper DATE: November 1, 1989 RE: :ailed Request to Rezone Lot A, Maguire S/D to General Commercial (CG) - Samuel Maguire Mr. Maguire has indicated a desire to speak before you this evening. Should that request be granted, I have drafted a chronological order of events surrounding the request. June 20, 1989 Petition to rezone is submitted by Mr. Maguire. July 6, 1989 First scheduled public hearing at Planning Commission level. -: There was no quorum and the hearing was carried over to the r next scheduled meeting. July 26, 1989 Planning & Zoning Commission held a public hearing and failed the resolution on a tie vote of 3 to 3 based upon written comments from the public (4 letters were submitted) and a question of "strip" zoning. August 2, 1989 The Ordinance (1333-89) requesting the rezoning is introduced by the Council. August 16, 1989 Mr. Tony Doyle brought in a revised proposal which split the lot and requests half of the lot be rezoned for the Council meeting that evening. The Council tabled action pending a review and recommendation by the Planning Commission. August 23, 1989 The Commission approved the new proposal by a vote of 3 to 2 and recommended platting the property. September 6, 1989 Council tabled the Ordinance pending submittal of a plat. September 27, 1989 Planning Commission approves the preliminary plat for Maguire Subdivision. October 4, 1989 The new plat is submitted to Council, however, the Council does not approve the Ordinance. r l�ce.r-�ee q�- 10966 BI- SEW `28e10q:)uV 9LI001 XOg 'O'd iatdey0 i[svl`d (VdSV) uopejisiunupy ailgnd lo; ka=S uwLtaurd PUBLIC SERVICE .v,,,, . a L 0) IN ALAtSIAA► '4e�b Challenges for the 1990's A CONFERENCE FOR PEOPLE WHO CARE ABOUT EXCELLENCE MY November 20-21, 1989 Anchorage, Alaska x Captain Cook Hotel HOST SPONSORS: American Society for Public Administration —Alaska Chapter and the Federal Executive Association CO-SPONSORS: Municipality of Anchorage, Alaska Municipal League, Department of Administration —State of Alaska, UAA School of Public Affairs, Bureau of Land Management, Society for Human Resource Management —Alaska State Council. PUBIC SERVICE IN ALtA►SKA Challertgm for the 1990s The Alaska Chapter of the American Society for Public Administration (ASPA) and the Federal Executive Association are the primary sponsors of this unique event: a conference for people who care about excellence in the public sector. The conference will provide a forum for discussing the many issues facing Alaska's public administrators. At this conference we will document our.successes, assess our failures, and forge a new commitment to a strong, efficient, and valued public service. DAY 1 MONDAY, NOVEM13ER 20 8:00 Registration Coff"IW fice/Pasess/Fndt 8:45-9:00 Opening the conference —Allen Kempien, Conference Chairman Welcome —Mayor Tom Fink, Municipality of Anchorage 9:00-9:30 Introduce Key Note Speaker —Representative from Federal Executive Association Keynote Speech: The Honorable Ted Stevens, U.S. Senator. 9:30-12:00 Break: Breakout into three sections. See following pages for schedule. 12:00-1:45 Luncheon Program Introduction: Francis Smith, President, Federal Executive Association Speaker. Curt Smith. Associate Director, Career Entry and Employee Development Office of Personnel Management, Washington, D.C. 1:45-4:30 Break: Breakout into three sections. See following .pages for schedule 4:30-7:00 Social and open discussion. 7:00-9:00 Banquet Program Speaker. Dr. Chet Newland. Professor of Public Administration at USC, former director oaf the Federal Executive Institute and initial Director of the Lyndon Dines Johnson Library. He is an outmnding speaker with a long history of excellWme M doe pt0ft she. DAY 2 TUESDAY, NOVEMBER 21 -00 `'" Registration Coffee/Juice/Pastrfes � t)0.12:00 Breakout into three sessions. See following pages for schedule ;1 2:00-1:45 Luncheon program " Introduction: Allen Kemplen, President, ASPA-Alaska Chapter Speaker: To be announced. 1:45-4:30 Break: Breakout into three sections. See following pages for schedule 4:30-5:00 Plenary session -closing Exhibit space is open from 8:00 a.m.-5:00 p.m. TRACK 111. PUBLIC IMAGE AND RELATIONS r scallions :Monday (A) 9:45-11:45 Debunking Myths: Public Service as a Profession Coordinator: Allen Kemplen, Planncr, Municipality of Anchorage. A presentation by Chct Newland, former Executive Director of the Fcdcral lirccutive institute addressing the noble and rewarding profession of public service and what it means to he a professioaai public servant. (B) 1:45-3:00 Quality "Customer" Service in Government: It's more duo a Siopin era Smile. Ctwrdinator Ron Feide, Director, Municipality of Aachotagc. A workshop designed for those looking to enhance individual and organixelianal effectiveness by rocusin, (indeli%cry of quality customer service. Participants will be introduced to the seven dctt* sins. characteristics of good cusummcr service, and a model approach for implementing a customer service door" and pnopm to ihair orprimmion. (C) 3:15-4:30 Ethics and the Public Mianager. Ruks to Guide Mcisiea-leaking Coordinator. Allen Kempien, Planner, MuAics�!ality of Anchorage. A workshop conducted by Chet Newland. Editor of 11he 1'ub 2 Administration Review that explores the hazardous moral and ethical landscape which managers must traverse day after day in this pubic wbrfcpiace. Tuesday (D) 9 00-10.15 Compensation and Benefits: Stayinn Competitive Coordinator: Kimberly Gearicty, Chief, Department of Administration, State of Alaska Workforce 2000 projections forecast a decline of skilled and educated employees during the t7XYs. Demand for these employees will lead to greater competition between public and "to organizations. This panel discussion will address the problem and new and innovative methods of compensation and benefits which mair be necessary to recruit and retain these employees. (E) 10:30-11:45 Elected and Appointed Officials:- Working Together Coordinator: Midge Clouse, Government Specialist, Department of Community and Regional .affairs. Elected and appointed officials discuss communications that have worked —and not worked. (Nficials from the state and tcx'al levels will) share their knowledge. (F) 1:45-3:00 Working with the Media: How to Avoid the Traps Coordinator. Connie Jones, Communications Director, Municipality of Anchorage. Local and state media ptofestionais present practical 'know to'e on providing idor aetiat and working with the press. Format will include time for specific questions and answem (G) 3:15-4:30 CItizen Participation. Strategies from Both Sides Coordinator. Jan Gehler, Planter, Municipaity of Anchorage. A workshop which describes practical tools and techniques that a public administraoc an use to obtain public support for changes in public policy. REGISTRATION FORM Public Service in Alaska Conference Plan. print NAME TITLE OF4ANIZATIONI PHONE NO' 4iE,, aISTFi'ATION FEES heat 71 Conference fee —torero days, two lunches $125.00 � (a 20% discount is available for pro -registrations $100.00 Ill MaWmd through October 20, IM) �h Conference fee —one day, ono lunch $75.00 b . Organization fee —two days, seven sessions, two $135.00 1 lunches I Trull -time students (wrificadon required) SM-00 L Lunch only (specify Monday or Tuesday) $15.00 9arnquet $25.00 L�u UAA CEU fee t23.00 Total payment enclosed herewith Mad registration form with your check to: American Society for Public Administration P.O. Box 100176 Anchorage, Alaska 99510 For more information call Allen Kemplen at (907) 78648212 PLEASE SEND ME INFORMATION ON ASPA MEMBERSHIP Track 1 Trait 11 Trait 10 A A A a a B C C C Tuesday Track I Track II Tract III 0 0 0 E E E F F F I G G >; t CEUs for this donforehos are available through the University of Alaska Anchorage, College of Conwinunity and Continuing Education. Certification Fee: $25.00 Cancellations received etas then sewn days before the conference are subject to a 10% service dmW, fewer than seven days, no refund. Aceommodasiong To make your reservations, please contact the hotel directly. Please refer to the Public Service Conference when you are making your reservation and be sure to reserve your roan by October 20, 1989. The negotiated room rate is $70.00 single and >i80.00 double otxupancy, Captain Cook's 1*9*oe nun ber is 800.478-3100. Complementary athlefic dub passes are available to all registered guests attending the conference. Parkins Parking is free for registered guests: other conference attendees reeewf a 30% oswunt. 39th Annual Local Government Conference Noven*er 15 - 17, 1989 r JUNEAU Special Conference Juneau Goes All Out to Welcome AML Deleptes The City and Borough of Juneau (CBJ), hosts of the 39th Annual AML Local Government Conference, is looking forward to welcoming its friends from all corners of Alaska during AMU. Conference Week, November 12-1& Several special events and services have been planned. Swing, Sauna,; Racquet6adl, and Gym If you can't survive the meek without active exercise -- or if conferences just leave you feeling drained -- don't leave your swimming suit, racquetball gear, and swat clothes at home when you come to Juneau in November. CBJ is making the facilities of ;the Augustus Brown Swimming Pool, located ,near the high school (less than a mile from Centennial Hall), and the Zach Gordon Youth Center, just in back of Centennial Hall, available to AML Conference delegates. The pool, which has 'just been reopened after a summer of extensive renovation, also has ' a sauna and exercise equipment. Zach Gordon offers racquetball hicilities and a universal gyre. Conference delegates (and their spouses) will receive passes to both facilities, as well as schedules of open times, with their registration materials. Bus Tokens Available kin AML Conference delegates will be able to ride Juneau's buses free of charge, thanks to the generosity of our hosts. In announcing that tokens for use on the transit system would be available to Conference delegates at the AML Registration desk, Juneau Mayor Bruce Botelho said, "This is just one small way we can try to make our guests feel more at home in our home, Alaska's Capital City." Big Band Sound Highlights Welcoming Juneau's own swing band, Mel Flood's Big Band, will add class to the Host Municipality Reception, scheduled for Wednesday, November 15, from 6:30 p.m. until 8:00 p.m. in Centennial Hall. Senators Want to Hear from AML The Senate Community and Regional Affairs Committee, chaired by Senator Mike Szymanski, will hold a joint work session on Saturday, November 18, in conjunction with the AML Conference. The session will be held from 10:30 a.m. until 12:30 p.m. at Centennial Hall in Juneau. See letter in this mailing for more details. Jones, Goodwin, Burgess, and Williams Address Kenai Peninsula Borough Assembly In early October, AML First Vice President Mayor Dorothy Jones of the Mat -Su Borough, AML Director Mayor Willie Goodwin of Kotzebue, Kenai Mayor John Williams, President of the Alaska Conference of Mayers, and AML Z=ut ve Director Scott Burgess addressed the Kenai Peninsula Borough Assembly in support of the League. In an action taken in June, the Assembly had voted not to renew the borough's membership in AML. Burgess, in urging the Assembly to reconsider its action, continue the borough's long- standing League membership, and come to the Local Government. Conference, outlined the League's accomplishments of the last few years, including efforts that were instrumental in reducing cats in state aid to municipalities by over $65 million. He shared letters of support from Governor Steve Cowper and legislators with the Assembly and distributed copies of resolutions from a number of AML members that highlighted the contributions the League has made in advocating the cause of local government in Alaska and providing an opportunity for municipal officials to share with and learn from their colleagues throughout the State. First Vice President Jones and Director Goodwin expressed their personal commitment, and that of their municipalities, to the League and their appreciation of the benefits of a statewide organization of local government officials. The Borough. Assembly is expected to reconsider the issue daring its meeting on October 26. Women in Government to Hear from Governor Governor Steve Cowper will be the featured speaker at a AML Conference Week Friday morning breakfast sponsored by Alaskan Women in Government (AWIG). The breakfast, which is open to all, will be held in the Lumberjack Room at the Westmark Juneau at 7:00 a.m. According to AWIG Vice President Caren Robinson, Governor Cowper is expected to speak on efforts to expand opportunities for women on boards and commissions and in other areas of state government. Those who are interested in coming are asked to call Caren Robinson at 465-3500 so she can get an idea about attendance. Tickets for the breakfast will be available at the door for '$11. AWIG will also be co -sponsoring a two-part workshop on media relations on Friday morning. The workshop will be led by Laury Roberts Scandling, Director of Constituent Relations, and David Ramseur, Press Secretary, Office of the Governor. The two sessions will be held in the Lumberjack Room at the Westmark, beginning at 8:30 a.m. and 10:15 a.m. See your Conference Program for more details. "I'M FIRST" Author to Speak -- Registration Open On Monday, November 13, the Alaska Municipal Management Association (AMMA) will sponsor a one -day training session with Linda Goldzimer, nationally noted speaker and author of "I'M FIRST: Your Customer's Message to You. Goldzimer will apply her customer relations model to the public sector and focus the session on "treating your constituents as customers." AMMA is making the workshop available to non-members who are interested in hearing Goldzimer, a former executive in San Diego County and frequent speaker at the International City Management Association. The registration fee for non- members, which includes luncheon and a copy of Goldzimer's book, is $185 before November 3 and $215 after that date. For more information, call Chrystal Smith at 586-1325. Clerks to Raffle $2,500 Contact your municipal clerk to buy a ticket for the Alaska Association of Municipal Clerks (AAMC) raffle. Sian prizes will be offered this year, and the winners will be announced at the AML Banquet on Friday night of Conference Week. Raffle tickets are $25 each. EFF7"E' i E W' t The First Annual Alaska Municipal League Excellenae in Local Government Awards will be presented by Lt. Governor Stephen McAlpine during the AML Awards Banquet on Friday, November 17. Awards will be given to the Elected Official of the Year and the Municipal Employee of the Year. In addition, one or more Outstanding Contribution. Awards will be given. This new program is intended to recognize those hard-working individuals who have made lasting and worthwhile contributions to local government, the citizens of Alaska, and the Alaska Municipal League. OU Spill Aftumatb — Wwkshop Will Focus an Lft9fts Learned b9 M**Apudes On Wednesday, November 15, AML Conference delegates will have an opportunity to hear froth "oiled" municipal officials, DEC Commissioner Dennis Kelso, a Coast Guard representative, and Monte Taylor, Exxon's Community Liaison Manager, in a special pre- conference workshop "Oil Spill Aftermath: What Have Our Municipalities Learned?". The workshop is scheduled for 8:30 a.m. - 1100 ant. at Centennial Hall. The discussion promises to be lively and informative. The Alaska State Data Center will offer 1990 Census Local Review Training on Saturday, November 18, at Centennial Hall. Kathryn Lizik, coordinator of the Center, recently commented, "Since decennial census figures are used in countless revenue sharing and grant distributions, I'm sure every community is concerned that its population number be as accurate as possible. Participation in the Local Review Program will ensure this happens." For more information on the training, contact Lizik at 465-4500. Z MM 7�:� i�74 I 1 7'. f I rWV7 U � 7177W4 i� Don't forget, whether you are a newly elected official or an experienced municipal official who just wants a refresher, that you can learn a lot about Alaska's local governments and how they work by attending the AML Newly Elected Officials Seminar, scheduled for Tuesday, November 14, and the morning of Wednesday, November 15. Topics to be highlighted at this year's seminar include Segal issues surrounding the council/assembly's role, working with the administration, budgeting, and the open meeting law. Registration for the NEO Seminar is $110 for those from AML member municipalities and $135 for others. For more information, call 586-1325. Airline Coupons Available Thee registered for the AML Conference will receive a coupon for discount fares on Alaska Airlines. All coupons are being sent to municipal clerks for distribution within their municipalities. If you are registered and have not received a coupon yet, check first with your municipal clerk. If she/he has not received the coupons, please call AML at 586- 1325. Message Service Available For those of you who can't ever escape the phone or the Fax machine, not even when you're at a conference, AML Associate Member Hughes, Thorsness, Gantz, Powell & Brundin will offer a message service during Conference. Messages can be left by calling 58&5912; the Fax number is 463-3020. Messages may be picked up at the firm's booth in the AML Conference Exhibit Area. Messages may also be left at the AML Registration Desk, 586-5342. Pubic Administativa Conference The AML is co -sponsoring "Public Service in Alaska: Challenges for the 1990's." The American Society for Public Administration (ASPA) is hosting a conference November 20- 21, 1989 at the Captain Cook Hotel in Anchorage. For more information, see the ASPA brochure included with this Bulletin. TELEPHONE (907) 58&1325 217 SECOND STREET, SUITE 200 FAX 463.5490 1UNEAU, ALASKA 99901 October 26, 1989 Dear Local Official: You are invited to attend a special work session of the Senate Community and Regional Affairs Committee on Saturday, November 18, 1989 from 10:30 a.m. until 12:30 p.m. This meeting is being scheduled as part of the Alaska Municipal League's 39th Annul Local Government Conference. As you are aware, the conference is in Juneau, at Centennial Hall. The work session will be held in Ballroom 1. Issues directly effecting municipalities where Alaskans work and play are initially within the purview of the Community and Regional Affairs Committees in both houses, and your legislators on the Committee are interested in hearing from municipal leaders. A main focus of the session will be the League's legislative priorities for the 1990 legislative session, which will be identified by the Board of Directors based on the actions of the membership during the Conference. The agenda for the meeting will also include a'time for comments on HB 139 and HB 284, the so-called "prompt pay" bills, and an opportunity for local government officials to address other issues of concern to local government. We look forward to hearing from representatives of municipalities throughout the State and hope you will be able to join us on Saturday, November 18, at Centennial Hail. Sincereiv. Senator Mike Szymanski, Chair Senate Community and Regional Affairs Committee e::�f Scott A. Burgess, Executive Director Alaska Municipal League cc: Members, Alaska House of Representatives Members, Alaska State Senate MEM19ER OF THE NATIONAL LEAGUE OF CITIES AND THE NATIONAL ASSOCIATION OF COUNTIES HJR 13: EDUCATION Fes► SaPMfi ANOLUTION18i EDITORIALS A LETTERS (Upd@W 10/94/80) Adak Region School District Alaska Association for Community Education Alaska Association Elementary school Principals Alaska Association for Health, PhyeW Education, Rsor+oatlon d Dance Alaska Association of School Librarians Alaska Association Secondary School Principals Alaska Assodation for Supervision S Curriculum Development Alaska Black Caucus (Supports sillghtly different oonoso) Alaska Commission on Children and Youth Alaska Conference of Mayors Alaska Federation of Natives Alaska Federation of Teachers Alaska Native Brotherhood and SbMfhood Alaska PTA Anchorage Minlolpal Aesembiy 0 Anchorage Council of Education Anchorage Eduartion Association Anchorage School Board Annette Islands School District Arctic Alliance for People Association of Alaska School Bowds City of Betties Coffer River School District Fairbanks Education Assocletion Fairbanks Daily Nomminer Fairbanks Mayors Task Force on Children and Families Fairbanks North Star Borth Schools Haines Borough School Board Juneau Empire Juneau Borwgh Assembly Juneau School Board City of Kaktcvik Kenai Poninsule CAMdO t Kstchlkan Community .401slaWs Uateon (Local tavemmeM B Chas er of Cvrfnnw= ©roue) Ketchikan Education Assoolation Ketchikan Gateway Borough Assembly Ketc hikan Gatamy School Board City of Kotzebue Lower Kuskokwim School DMW f Matanuska-Sushna Borough School District NEA-Alaska Painters Local Union No. 1140 Sitka School District Southeast Island School District State Board of Education Millions of Dollars (Nominal) $240" $220 $2001 $180 $160( $140( $120( $100( $80( $60( $40( $20( Education Fund Stabilizes Revenues 91 92 93 94 95 96 ❑ Gap between current spending ($2,290.6) and combined general fund and Education Fund revenues 97 98 99 2000 01 02 03 04 o5 Fiscal Year Education Fund Earnings General Fund Revenues Mid -Case Forecast, Spring1989 = N F Q l TO DO LIST NOVEMBER 1, 1989 KENAI CITY COUNCIL 1. J. Ruotsala - Schedule RDC trip for B. Thomson, 11-29 & 30 2. Airport Comm - Locate photos of Cook Inlet platforms for airport terminal building 3. R. Measles, C. Monfor, P. Bryson, R. Hultburg - Attend next Beautification Comm. meeting (11-14-89, 1:30 PM) 4. T. Rogers - D-Q lease to Council for approval, 11-21-89 5. J. Ruotsala - Set up Comm/Comm appointments: P&Z - Art Gravely, Art McComsey Library Student - Randy Chilowski (sp?) Rec Student - Catie Murphy 6. J. Ruotsala - Check on Rec Comm Applicants 7. J. Ruotsala - $400 to Pioneers for convention booklet 8. J. Ruotsala - Set up work session, 11-8-89 9. K. Kornelis - Contact HEA re/snow being pushed into street 10. B. Brighton - Ord. 1333-89 for 11-21 meeting re/Maguire S/D request for re -zone, include copy of approved plat jr =NFo- ,.45- TO DO LIST NOVEMBER 7, 1989 KENAI CITY COUNCIL 1. J. Ruotsala - Amend CIP list for Nov. 8 work session. 2. J. Ruotsala - Furnish fruit & vegie tray for Nov. 8 work session 3. B. Brighton - Check on old buildings in Gusty S/D, Coral St. jr