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HomeMy WebLinkAbout1990-01-17 Council PacketKenai City Council Meeting Packet January 17, 1990 A AGENDA KENAI CITY COt'NCI1 - REGULAR MEETING January 17, 1990 C. PUBLIC HEARINGS 1. Ordinance 1350-90: Establishing an Ambulance Service Fee - $300 2.Ordinance 1351-90: Increase Estimated Rev/Appns by $15,000 for Shared Costs of U.S. Custarns Service Office 3. Resolution 90.02: Make application for Making Land Use Plan Amendments to City of Kenai Comprehensive Plan 4. Resolution 90-03: Authorize Pwkipatkln in Alaska inWm Management Sevices Program 5. *Renewal of Liquor License - Fraternal Order of Eagles #3525 The Upper Deck R �Fl $�rE KSISr.A Rr- p�9 ' i I. fledge of Allegiance. 2. :Roll. 'Call. l �lWd t �Y 3 l CY�"er)cil �11>l +„�Vc"la. �ry 4; Conse:rit i geitd,�k u *.AIJ. i,t"_r' Cla % 19t:t�l 'W t 8kII1.8 7t.ei-::. sk (�`� are, cons'idarer� to be rout:ino �i and rion contr_overljj.j by the Council and will be approved .by . one MO.t in .. 'There wa 4.1 be no separate diasr:cl of ithe4o .it.ems . unless. b t� otxrwil r���mlaer cr l� �clue"t.s,. in which r..:.!:;a the item will. be removed; 1: la I. C:KrI tba. C:QI733eP1:t Argeq.1iJr3 crT.G� CJr;Si�1P2.ed .k..� 1.'.:F. norlrlii:l sequence, on the 4•inda. as par. of : %t1�' GGRt�r d.l Orders. .c::l?l<i.rl 4:Lrz.c� (w:c11LNr1t3 minutes) ?., Mr. Thomas W. Harr io - Cbok Inlet: Housing Au*rite* Cts. E c. r131. -tw - :r3Fsa,P— n-T (. s r 1; t irdinamc,;� 1150: -90. Establishing em Ambl "._:.r.re� Scsrv.:Yc;e FEE, 2:, Orclirlanc e: 3 35T-'90: :Cnc:r'ease Estimated Eiesr/Appns by $15,O00 fOr ha�.�d Costs of Z:, �. c:sl:,toms Sea-�i.aQ �fi'.i.c:rrk 3; Zi so:l..utlon llO 102: Make Applicatic:ri for Miii.irig Land use `Plaft Nnendmen:"ts :to City of Kenai ComPte`Zensive Kill 41 Resc)'1.It1on 90-411 %Aut.hol'1ZE? Part.....iX���t: <)ri .in A:l.a<ska :C.nt:erii� Managernent . Ser'vic:es "idlrr S. *Renewal. of. :Li.ganr. License - 4 xraterna'l .order of Eagles 43: )5 The Upper. 0--Rcw 1. t::ouric:.i 1 On Aging 2. ' •ry a,r } i 3. [,''co:'d,JIF_L€: r)4?1eltjorm-kikt. Carronisstork 41. tfil:;r.Jca:. C:orrm.ls:. -m .. 3:,:i.braxy Ccmrr.l sr, i.on 6. Dli.xks k Rec- re,.-; t. i.an Com a it .; ,.i.an 7. 1'-1.�irin.i.nc1 & Cor:rr:::s;ioll C:orrkru.:'r,'iazs�'C'cnrrnit_.Eycas 1. "Regu:].a:r Meeting, Jrknu�lry` 3, 19J0 1 a t OIw, D SEJS.:I:MES s; SIG ."i.scu.s:lan: Rmpepted Tzlecc:nsideratiorii of Vacatiors of 51'Of 30' ift,ility Eas-1 D« _ Block 2. Su -agate 's/rs ; N G I. BEAUS to be Paid, Vills to be Rat.i:fia-d 2. RZequi s.i.t ions Exceeding $1. , 000 * 31- Finding .Lot 6 Block 4 Eici l o C(�,* rcl:I' Or<ia;t..�nt^e �.3V��•-9t�: ]� y � +� Center Nat Roquipled for Public Use 4. *Ord ance 1331i3•i-SO: Ins,:rea�s� Est.etnated Rev,/Appns: b $4 Ci1,,,600 in a Now 1 u id "Ben gar :Canter Dini r]y ROOM Exp ans i.on'� S."t)rd#nr�rCi:e 13!i4 9tk: 7j]crease I•..s±_.:.mated R��v/Appns:; by $'i4t)a for »r ^3onst.ruction: saf Display Cane for ;;t_eelhnad Platform FodeI . 1:?: sc,uassion: As;,:�•]gment of Lea;s�:� �:•a;n 3arks to Dcy: e, Lot 4, Bl.o�. y 4, CIMP. 1,.. li.isc�ussi. n: Lease Miendments.: Lots 1.0 & 11, Aiey * a /0 { Farmer Iplossst_ Ofif,i.cfltl 84 DI-sc;u>sssion: Wi l.laaw Street Extension Project 9. Discussion: n:Al.rpt]r.t. Catmnissior] 1Zec�om]nendations: a. Rf.!if toad-wliri's "Keen'Eye Productions" ia: Bid R+x�.ct�tunerid ti.nn.s for I.ndustria. D.i:s.play;Cos]e 10. CI isc ].s'u�'cn: C'o:.:;t 1.'st:i.mat.es On Various Projects 11.. *•t' r�rterrs of Chance Skill: :ity of Kene:i K13nR Bi:C.E'` t.r? ji1i. 1 G'i::ritvrss & Cc3rmentson Bureau i 1 _ Mayl:)r Cl t.Y Manager. Attorney, k 4. t" _ty. Clerk ' L 1 Worksbi.rei-ht:or I.K ]rub .� M pJa ct. Marr�r< e;t l x c L?.s S m ON,. 2. C'ounci , .:. . jPai3 4a'C?lZN,.mE-eI%TT i 2 l� TO FROM: DATE: RE Item G-1 1791-1991 CITY OF KENAI %Od u0ti-jadal 4 Aw" 210 FIDALOO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907-283-3014 MEMORANDUM .0 Mayor Williams and Council Janet Loper, Deputy City Clerk January 17, 1990 Additions to the Packet for Meeting of January 17, 1990 Add Letter from Mr. & Mrs. Poore Item D-7 Add minutes from Planning & Zoning Commission - January 10, 1990 9 COUNCIL MEETING OF 1-17- 20 z mar■N�■ill �IPiOBN■�■�■�■1 i�FJBm�■�N■�■�1 COUNCIL MEETING OF / - / 7 - p 0 6 ii T, /y AGENDA KE NA = C = TY COU NC = L — REGULAR MEET 2 NG JANUARY 3, 1 9 9 O Ark- CALL TO O RDE R 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non -controversial by the Council and will be approved by one motion. There will be no separate discussion of these items unless a Council member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. B _ SCHEDULED PUBL=C COMMENT (10 Minutes) a. Dennis Carlson - Flags on Willow Street C _ PUBL = C HEAR = NG S 1. Ordinance 1349-89: Amend KMC to Adding New Chapter - "Investment of Monies" to Establish a Policy for Investment of City Monies 2. Resolution 90-01: Transfer $2,000 for Repairs to Heating System for Public Safety Building 3. *Renewal of Liquor License - Peninsula Moose Lodge 1942 Uptown Motel/VIP Motel Uptown Motel Annex - Backdoor The Place Bar & Motel D _ COM:M = S S = ON / COMM = T TE E REPORT S 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 E_ M= N U T E S 1. *Regular Meeting, December 20, 1989 1 F _ CORRESPONDENCE G _ OLD BUS = NE S S H _ NEW BUS = NE S S 1. Bills to be Paid, Bills to be Ratified 2. Requisitions Exceeding $1,000 3. *Ordinance 1350-90: Establishing an Ambulance Service Fee - $300 4. *Ordinance 1351-90: Increase Estimated Rev/Appns by $15,000 for Shared Costs of U.S. Customs Service Office 5. Discussion: "Ground Zero Beyond the Spill" - Proposal by Visual Arts Center of Alaska _ _ ADM 2 N = S T RAT = ON REPORT S 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager J_ D= S CU S S 31ON 1. Citizens 2. Council K _ AD SOU RNME NT 2 KE NA.= C = TY COUN C = L - REGULAR MEET = NG JANUARY 3, 1 9 SO City Hall. Couric.il Chambers Mayor John a- W3 1liams , Presd-ad-rig A _ CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call Present: Measles, Monfor, O'Reilly, Smalley, Swarner, Walker, Williams 3. Agenda Approval Mayor Williams asked that the following items be added or deleted: Item C-1 Add Memo from Finance Director Item C-3 Add Letter from Borough Sales Tax Division Delete The Place Bar & Motel Item H-6 Add Letter from Borough Planning Director Request for "further consideration". Info Forget -Me -Not Newsletter Info Chamber of Commerce January Calendar Info Monthly Budget - January MOTION: Councilman Smalley moved approval of the amended agenda, seconded by Councilwoman Swarner VOTE: Motion passed by Unanimous Consent 4. Consent Agenda Councilwoman Swarner asked for corrections to the minutes: page 6, second line, change requirement to requiring; page 3, first paragraph change is to the screen could contain; page 12, second paragraph - Mayor Williams indicated that those are the words he used and not to change the wording. MOTION: Councilwoman Swarner moved approval of the Consent Agenda, seconded by Councilman Smalley VOTE: Motion passed by Unanimous Consent KENAI CITY COUNCIL January 3, 1990 Page 2 13 _ SCHEDULED PUBL = C COMMENT (10 Minutes) a. Dennis Carlson - Flags on Willow Street Mr. Carlson is a representative of the Boy Scouts and explained that the Scouts put up and take down the flags for fund raising. They are out there in the cold, wind, rain, snow, whatever the weather, to handle the task. The Scouts had asked the local merchants to sponsor a flag at $30 each for a contribution, however, so far only ten businesses have done so. We are hoping for at least $200. The boys are brave and cheerful getting out there in the cold to put up the f lags. We were out New Years to put the f lags up. If we couldn I t get a sponsor we'd have to cut off Willow Street. MOTION: Councilwoman O'Reilly moved that the City appropriate $300 to help defray the costs of the flags on Willow Street, seconded by Councilman Measles. VOTE: Motion passed by Unanimous Consent Councilwoman Swarner: What happens if another business wants to donate. Mr. Carlson answered that he didn't have the material with him. Mr. Carlson also noted that the Scouts are required to attend a government function and would be coming in shortly. C. PUBLIC HEARINGS 1. Ordinance 1349-89: Amend KMC to Adding New Chapter - "Investment of Monies" to Establish a Policy for Investment of City Monies MOTION: Councilman Measles moved for adoption of Ordinance 1349-89, seconded by Councilman Walker Mayor Williams called for comments from the public, there were none. MOTION: Councilman Smalley moved to amend the Ordinance to include 7.22.030, Authorized Investments, be amended to state "Authorized instruments shall be limited to the following", seconded by Councilwoman O'Reilly VOTE AMENDMENT: Motion passed by Unanimous Consent VOTE MAIN MOTION: Motion passed unanimously by roll call vote KENAI CITY COUNCIL January 3, 1990 Page 3 2. Resolution 90-01: Transfer $2,000 for Repairs to Heating System for Public Safety Building MOTION: Councilwoman Monfor moved for approval of Resolution 90-01, seconded by Councilman Measles VOTE: Councilman Walker noted that there was no public hearing. Mayor Williams withdrew the action. Mayor Williams called for comments from the public, there were none. Motion passed by Unanimous Consent 3. *Renewal of Liquor License - Peninsula Moose Lodge 1942 Uptown Motel/VIP Motel U town Motel Annex - Backdoor Consent Agenda Item D _ COMM = S S = ON / COMM = T'2'E E REPORT S 1. Council on Aging a. Councilwoman Swarner reported that there will be a meeting January 8th. b. There has been publicity for the ornament project that was sent to Governor Cowper, however, "we are at a frustrating point because of the comments by the Governor's Press Secretary who said we'd have to compete with the environmental issues." We need some direction and how to draw attention to our local legislators. Mayor Williams mentioned that the Press Secretary did tell us it would be a rough road. The three legislators indicated that it appears that the delegation may be reluctant to request the funding directly and unless it comes from the Governors Budget it may not have a lot of change to succeed. Councilwoman Swarner noted the letter in the last packet from "Swack" and Rep. Navarre to the Governor, it did not include the Congregate Housing, only the water & sewer to Thompson Park. Mayor Williams stated that the Governor has indicated that he is not going to prepare a line item project list and probably wouldn't submit one until much later. I will be going to Juneau 1/28/90 and plan to talk to him then. Councilman Smalley: If we're thinking of asking the Governor to place this item in his budget, as a body we need to give consideration to the Education Endowment from the standpoint of getting it on the budget. Councilwoman Swarner: Do you think that would have any effect on our local KENAI CITY COUNCIL January 3, 1990 Page 4 legislators who are not pushing the project. Councilman Smalley: We could find out. Mayor Williams: I think I would prefer to leave the issue of the Education Endowment on the table until after I meet with the Governor. We need to direct the City Clerk to prompt me to discuss this again the first week in February prior to the first meeting. I will prepare a briefing paper on 2/5/90 for you. I would urge the Senior Citizens to continue their card and letter writing. C. Councilwoman Swarner reported on a cookie project. Cookies are being sent by Seniors to all the legislators and senators for the Congregate Housing project. 2. Airport Commission No meeting 3. Economic Development Commission a. Councilwoman O'Reilly noted that in the minutes on item G - it talks about discussion regarding the Fire Training School - it should be the Helicopter Cold Water Recovery School. b. Mayor Williams reported that the meeting regarding the Helicopter Cold Water Recovery School has been cancelled and will be rescheduled for 1/10/90 at the Armory. 4. Harbor Commission No meeting 5. Library Commission Meeting Tuesday, January 9th. 6. Parks & Recreation Commission No meeting 7. Planning & Zoning Commission No meeting 8. Misc. Commissions/Committees None E _ M I NU TE S 1. Regular Meeting of December 20, 1989 MOTION: Councilwoman O'Reilly moved to approve the amended minutes, seconded by Councilman Smalley KENAI CITY COUNCIL January 3, 1990 Page 5 00114* Motion passed by Unanimous Consent F _ GO RRE S PONDE NCE None H _ NEW 13US=ATESS 1. Bills to be Paid, Bills to be Ratified MOTION: Councilwoman Monfor moved to make the payments over $1,000, seconded by Councilwoman Swarner VOTE: Motion passed by Unanimous Consent 2. Requisitions Exceeding $1,000 MOTION: Councilwoman Monfor moved to approve the requisitions over $1,000, seconded by Councilman Smalley VOTE: Motion passed by Unanimous Consent 3. *Ordinance 1350-90: Establishing an Ambulance Service Fee - $300 Consent Agenda Item 4. *Ordinance 1351-90: Increase Estimated Rev/Appns by $15,000 for Shared Costs of U.S. Customs Service Office Consent Agenda Item 5. Discussion: "Ground Zero Beyond the Spill" - Proposal by Visual Arts Center of Alaska Mayor Williams explained that this was presented to him for consideration by the Council for a donation of $5,000. MOTION: Councilwoman Monfor moved that we unanimously do not discuss this. Mayor Williams asked if Councilwoman Monfor wished to change her motion to a positive. Councilwoman Monfor: I don't think its open to discussion, the $5,000 is not benefiting us, they called us a town and we've been a city for years. Councilwoman O'Reilly: If you look at their budget sheet, it lays out amounts donated by other large agencies. Council took no action. KENAI CITY COUNCIL January 3, 1990 Page 6 6. Letter from Kenai Peninsula Borough Regarding Vacation of Lot 2,_ Block 2, Sungate S/D Mayor Williams noted that this item was discussed at length at the last meeting. The Borough appears to be asking for a veto of the Borough Planning Commission action rather than an objection. MOTION: Councilman Measles moved to veto the decision of the Kenai Peninsula Borough Planning Commission for the vacation of 5' of a 10' utility easement within northern boundary of Lot 2, Block 2, Sungate S/D, Plat 16- 94, seconded by Councilman Walker Cliff Baker, representative of HUD asked to speak. Mayor Williams stated that it was not a public hearing, however, if Council wished he could speak. Councilman Walker asked if the Council needed a motion to reconsider before hearing from a member of the public, as a motion is on the floor. Mayor Williams stated that it was not a public hearing, just a few comments. Mayor Williams noted that City Manager Brighton pointed out that there was still a discrepancy in the amount of footage that was to be vacated. The Council went through the minutes to determine the amount of footage. Page 12 of the minutes verified that the letter indicated ten feet not five feet. Councilman Walker: As I recollect, we had two of these vacations. And on this one, as I remember, I object to not only the ten feet but the five feet also. I see a problem with that particular building being where its at, there was a question that it was a legal building at all, and as we discussed at length, and I believe this was supported rather strongly by Councilman Measles that at some point in time we have to, more or less, put our foot down and stop a lot of these vacations. Mayor Williams: The point to make specifically, though, is the Borough has requested ten feet not five feet and our objection was directly related to the Borough request. There is a great deal of conjecture on the building itself but I don't believe that had anything to do with our decision to deny the request from the Borough. Councilman Measles: I'll speak for myself but I think the majority of the Council voted against this vacation of easement regardless of whether it was five feet or ten feet. The problem, as Councilman Walker stated, we keep getting approached by these vacation requests because some building has been built illegally on an easement. If we're going to continue to approve these vacation requests we may as well get that section out of the code and say you can build your building any where you want to. Mayor Williams: Your point is well taken, there was considerable discussion about the illegal building. KENAI CITY COUNCIL January 3, 1990 Page 7 Councilwoman Monfor: I wasn't here for this last discussion, but I did read the minutes and I did sit on Planning and Zoning for quite a while and this was a thing that even a long time ago, people came to us with the same problem, and I feel the same way now that I did then that its the responsibility of the owner to know where the easements are, where the property lines are before they build. Its not the City's responsibility to fix it after it has been done. Mayor Williams stated that comments will be heard from Mr. Baker. Cliff Baker, surveyor: I think one thing that may need to be brought to the Council's attention, but if every member of the Council is not aware of exactly how a lot of these easements are placed on property in subdivisions. Through the process of subdividing, you're usually subdividing property that is raw land. The utility companies and municipalities have no idea at all what easements they need or what they will require as the property is developed. The utility companies usually go through and label where they'd like to have easements, knowing that they're not going to need them all and have no intent that those easements are required to stay there if they don't need them. It is quite often that later individuals come through and 'µ request vacations of easements that are not being used or portions of easements. In this particular case, all utility companies that are affected have said that they do not require the interior five feet including your own engineering department. They said they would not need this easement for water and sewer expansion. Unfortunately the building has been built first and then you come back, but that still does not mean that an easement is intended to be there permanently if its not going to be used. Mayor Williams: As I recall it is the policy of the Borough to pass out plats to all of the utility companies and ask them to mark what they need. This particular subdivision is a very old one and created prior to the Borough instituting this program. I can see no way of the City remedying the situation short of having all of the utility companies and all of the property owners sign on to the fact that they all wish to vacate that easement. The problem is that there are multiple property owners. The request of one property owner to vacate a portion, especially an interior loin like that, is something we don't want to get into. The best policy to follow if people want to do it that way is to go ahead and have everyone sign off on it and run it through again. Cliff Baker: I can see what you're saying but private individuals are not given permission to use that. If they want to have a utility brought to them, they go to the utility company and the utility company has the right to use that. And if the utility company says that the easement is not „..,. necessary and that they have other avenues of access, then that is their determination, it wouldn't be individual lot owners. Granted, it would be nice if everyone of the property owners came to the Borough and subsequently to the City and requested a five foot vacation. The problem you have their is that we can't request a vacation for other parcels if we don't own those properties. KENAI CITY COUNCIL January 3, 1990 Page 8 Mayor Williams: I understand, I have been in that position, however, the Council is not going to take it upon itself to act on this matter without full indication from everyone involved that they are going to vacate it. Cliff Baker: As far as the building, since the last meeting, a realtor has gotten in touch with Howard and tried to find out if there are avenues to resolve that, if this is not vacated what we can do. Kathy Brickey of Kenai River Realty: I am acting as area management broker for Hud Homes on the Kenai Peninsula. HUD is the owner of this property and stepped into a problem because of various confusing aspects, but until we got nearly to closing. The buyers are already on the property, they were here at the last meeting but did not make themselves known. They would like to continue with the sale but the vacating of the easement has been the hold up. Meanwhile, HUD as owner of the property got into a situation of inheriting this house that had been built by someone else and whether or not it was used for commercial purposes is beside the point. At the last meeting it was determined that there was no building permit for it, in talking with Howard Hackney, he later discovered a building permit so it was not built there illegally, but there was an addition to it that does not have a permit. Mayor Williams: It the addition the part that's hanging over? Ms. Brickey: It actually is full portion of the building from several inches to several feet. The whole back side of the building. It is a large building. The original permit is for a 16' x 24' garage and a separate 20' x 24' addition to the side. The buyers do not have any commercial intent and I know that came up as a legitimate concern and they are willing to sign a statement that they are fully aware of the covenants and that it is strictly residential use intended and they would just like to get on with their lives. HUD, meanwhile has considered what the options are and the Anchorage office has asked what the Kenai City Council is giving us, absolutely none, either tear down the building, remove it from the easement, move the whole back wall, or vacate the easement. Really, there's three ... yea... or have an after the fact permit, for the building, but I think it would also have to have the ... and I did send a contractor out there and have quite a bit of additional information regarding different options. Councilwoman Monfor: I'm not real up on these things, but when you buy a home, don't you have a title search that finds things like the before you get that far. Ms. Brickey: That's when they did find it. Councilwoman Monfor: But the people were already living in the house? Mayor Williams: No. HUD foreclosed on this property and then all the problems were discovered. The property has since gone through an attempted sale. The persons who are now occupying the property has no bearing on this. Ms. Brickey: They are occupying it on a lease agreement prior to closing. Councilwoman Monfor: They realized that this would happen? Ms. Brickey: No, they KENAI CITY COUNCIL January 3, 1990 Page 9 didn't know all this was going to happen until they had gotten into the property. Councilwoman Monfor: I feel real bad about this, but you know the City of Kenai has ordinances on their books, we have a building code, we have an office that's open five days a week and I don't understand why this happens and its wrong. Its wrong that it comes up so long after and someone says fix it because this person over here did something that was illegal. They didn't bother to come to the City and say we want a building permit so our building inspector can say I'm sorry you can't do that because there's a utility easement there. That's why we're here. That's where I have my basic problem. You can't make it right by continually doing it wrong. Cliff Baker: Fortunately the building does have a building permit and even that portion is built within that easement. It wasn't brought up at that time. City Manager Brighton: Your building permit has no bearing on where you put that building, whether you put it on an easement or not. Cliff Baker: Councilwoman Monfor was just saying that that's part of the building permit is the building inspector will tell you you can't build it there because there's an easement there, when it does have a building permit for a part of the building in the easement. Granted, the building inspector probably isn't qualified to know exactly where an easement line lies. Mayor Williams: Its not the necessity of the building inspector to know where the building sets. Its up to the contractor that builds that building to ensure that he's on the right place. Cliff Baker: The building inspector can come up and say that he can't build there because there's an easement there. City Manager Brighton: The building inspector is going to check and see to it that its built according to code, not check on the easement. Mayor Williams: Once again the Council has expressed the desire to veto this item before the Borough and as I said before, the only way I can see clear is to back track through the whole mill and everyone associated with it sign off. Ms. Brickey: I just want to know what alternatives, does the whole building need to be demolished. City Manager Brighton: Move the wall five feet. Mayor Williams: Take a chain saw and cut off that much off right down the line. Ms. Brickey: That sounded ideal until I got a contractor out there and found the impracticality of it and the $5,000 expense. May as well tear the building down. Then there's the foundation in the ground, move it over five feet, and be to code, and how to move that wall. And it is the winter and is costly. In this case I can understand the Council's position but I also see that there needs to be some flexibility when there's an innocent party involved. Councilwoman Swarner: It doesn't matter who the innocent party is. Cliff Baker: I do have one more problem with your chain saw idea, that resolves the problem of the easement but then are you going to make them KENAI CITY COUNCIL January 3, 1990 Page 10 VOTE: spend $5,000 and then come back and say well you're within the building setback so now you've got to move it anyway. City Attorney Rogers: So there will be no misunderstanding, the Council is not giving you alternatives. The Council is taking action and I don't want you to think that you can go out and take some action at this point as the result of some compromise or comments by Council and claim detrimental reliance for some action that you take at this point. All the Council is doing now is either vetoing or not vetoing. Insofar as your alternatives, that's not within their prerogative. And I don't want you to go away from here thinking that you are going to take some action to remedy the situation based on off -hand comments made by individual Council members. I don't want to get in that situation. It makes it that much more difficult. Cliff Baker: What I'm trying to get to is even if we try to move the wall, we'll have a building encroachment into the rear setback. City Attorney Rogers: I understand but that's not the Council's problem. Cliff Baker: Doesn't the Council have to give the permit? Answer no. Motion passed by Unanimous Consent Councilman Smalley: Do'we need to address Lot 2, Block 12 Thompson Park S/D because that did not come to us that evening because they had just met the night before. PW Director Kornelis: If I remember right it was an objection, not a veto. Councilman Smalley: So we need to do the same thing. MOTION: Councilman Smalley moved to veto the Borough Planning Commissions decision to vacation the 10' utility vacation of Lot 12, Block 2, Thompson Park S/D, seconded by Councilwoman Swarner VOTE: Motion passed by Unanimous Consent _ _ ADM = N = S T RAT Taw REPORT S 1. Mayor a. Mayor Williams stated that he had received a request from Mr. Norm Blakely of Iditarod Lanes who received a late charge on his rent of $23. His rent is $241 per month. He is asking Council to waive the late charge in as much as they have spent so much time, money, and effort to make the lanes successful. City Attorney Rogers: This was brought to my attention this evening. It is my position that it doesn't matter what the charges are, it is totally inappropriate, I think, for the Council to involve themselves in waivers of penalties and fees. The Finance Department works with people on those things. They can make arrangements for partial payments or whatever. KENAI CITY COUNCIL January 3, 1990 Page 11 Mayor Williams: I will bring to the Council's attention that this was merely a constituents letter and I was asked to bring it to you. Is it the pleasure of the Council to waive the surcharge as explained in the letter. No action. b. Mayor Williams reminded the Council that the public hearing on the fire training school will be next Wednesday at 7:00 P.M. at the armory. C. Mayor Williams noted Info 1 - Municipal Interim Management Services. The AML has created a program in which personnel can be loaned. Most recently Mr. Underkoffler from the City of Soldotna acted as City Manager for the City of Wrangell for a period of time. We're looking at whether or not Council wants to involve itself in this program with AML. Mayor Williams asked the City Attorney to give the Council some highlights of the program. City Attorney Rogers: In each individual case, I talked to Chrystal Smith about this both during AML and subsequently, and you've got an agreement and the Council with each community involved would have to agree to that particular assistance. Also, the expenses incurred are borne by the borrowing agency. Also, a loaned employee is precluded from accepting full time employment. Let's say we loaned an employee and they liked it better there, under this arrangement they would be precluded for a period of one year or something from going or working full time for that agency or municipality. The other thing that was pointed out at AML, as far as advantage is that it goes all the way down to your department heads, fire, police, public works, finance, things of that nature so you can loan an individual there. The benefit to the loaning agency has been found to be the development of different or further expertise in an area that the loaned employee had not dealt with perhaps previously or different ways of doing things. There's an educational benefit to be pointed out. The needs are going to be, I would say primarily, a lot of the bush communities that are getting started up and new boroughs that are being formed, bringing people in there during an organizational phase. There are also some people that are signing on in the public sector that are not presently working for public agencies, that are in the talent pool. As the pool grows, its there to fill a gab during a selection process due to death, departure, or firing or some sort of emergency situation where you need some guidance or someone in that chair. Mayor Williams: I can see some long range benefits to the entire state would be substantial forming of new communities and new boroughs. Councilman Smalley: I don't see any membership fees. City Attorney Rogers: I don't recall any. Councilman Smalley: And number two, perhaps the only expense, for instance, if the City of Kenai were to be a member of the talent bank, if we sent our City Clerk somewhere upon their request, KENAI CITY COUNCIL January 3, 1990 Page 12 obviously they'd take care of transportation and so forth. City Attorney Rogers: And salary. Councilman Smalley: But the person that replaces Janet when she's gone, if she is in that position for a certain length of time, I'm assuming she has a salary adjustment that is borne by .... City Attorney Rogers: No, I don't think that does, but that salary adjustment never equals the amount of salary by the displaced employee. Basically, looking at it financially, it looks like financial gain. One other thing that was pointed out to me as an advantage of a loaning community is to give them an opportunity to look at another person for an extended period of time, in the position on a temporary basis and to see if that person eventually could handle the job. Let's say you have a public works director that left and you put somebody in his spot. Who you are also looking, at as a possible replacement down the road. It gives you an opportunity to look at that person and how they perform. Councilman Smalley: But aren't they precluded from taking that position for a year. City Attorney Rogers: No, I'm talking about the person you take in temporarily to cover that absent position. Councilwoman O'Reilly: Maybe because the city is not a town, I don't see, if something happens where we lost our city attorney or city manager or whatever for whatever reason, it would seem to me to do better having someone on an interim basis that was already in the community and knew the community as opposed to going to some other town. City Manager Brighton: You're right. Councilman Smalley: Well you don't have to draw from the bank do you. City Attorney Rogers: No, you don't have to, you're not tied to it. This is just one of your options is all. City Manager Brighton: I might just add, for any of the individuals that work for you to participate in this program, Council has to agree to participate. You could agree to participate and not one single employee would submit an application requesting to be a participant in the program. City Attorney Rogers: As a matter of fact, as with what happened with Mr. Underkoffler when he went, he ended up doing double duty. It was understood he would be available on a daily basis to consult with Soldotna while he was doing the other job. So it wasn't as if he were totally unavailable, and I assume it would be that way with any participating person. Councilman Measles: But the employee has to volunteer for it as well as Council agree to do it. Councilwoman O'Reilly: Assuming that Council goes along with membership in this bank, and City Manager Brighton volunteers to go to Greeley, do we get another opportunity to agree. City Manager Brighton: Oh you have to agree on an individual basis. Councilwoman O'Reilly: So this isn't a blanket thing. City Attorney Rogers: Right. There's actually an agreement that the Council has to sign. City Manager Brighton: Not only that, but the person submitting an application has to meet all these qualifications. The application may not necessarily be accepted by a community. KENAI CITY COUNCIL January 3, 1990 Page 13 MOTION: Councilman Smalley moved that the City of Kenai participate in the Interim Management Services program and make the criteria available to employees as far as applications, seconded by Councilman Measles VOTE: Motion passed by Unanimous Consent d. Regarding the boat ramp facility and the price of the land, we did direct Administration to continue with the applications for the wetlands, Corps permits, and grants, however, no agreement has been reached on the purchase of the land. Mayor Williams asked permission of Council to bring the item back at the next meeting for public hearing. In the interim, I would like to make the copy well known to the public and generate a great deal of interest from the public. I feel it might have some bearing on how Council views the program. Councilwoman Monfor: Now that we've had this edict from Washington D.C. about the wetlands, what is that going to do to us. Mayor Williams explained that there was a 30 day moratorium placed on the no net loss program. Our application for the permit actually went in prior to the first deadline. We don't know what will happen. Councilwoman Monfor: What if nobody shows up. Mayor Williams stated qe'would see to it that there will be people from the general public in attendance. If they are successful in installing an early red run in the Kenai River it will mean upwards of 250,000 early reds coming in in early May, primarily aimed at sport fishing. The location of this boat ramp is just downstream from Beaver Creek where these fish will be going into the lake planned by the Foster Brothers. Councilwoman Monfor: On that same night is the public hearing for the ambulance service fees, and to be perfectly honest I don't think that would be more important than this because we have a while to do the thing with Mr. Cone. What are our priorities going to be. Are we going to listen to the people talk about the river or are we going to listen to the people talk about why or why not they want to be charged for ambulance service. Mayor Williams felt there was room for both. Councilwoman Monfor asked if there was room for publicity for both in the same week. Councilwoman O'Reilly: It was my understanding from the minutes that Council agree to meet again for another work session. Councilwoman Swarner felt it would be appropriate to hold another work session with an explanation of another early red run. There were four people that have decided how much they want to pay for that property and a public hearing at a Council meeting is going to get that decision. Councilwoman Monfor: I don't care if there's an early red run or not, the problem is we need the land, we need a boat launch, are we going to pay $180,000 or a lessor amount, that's the bottom line. Councilman Walker: I this it most appropriate to bring it to the regular Council meeting rather than another work session. I think any decision KENAI CITY COUNCIL January 3, 1990 Page 14 making we have to do, as far as how much we spend on this particular item is not open to discussion. I think we need to bring it out at a public hearing and make our decision on it. I, for one would like to hear from the public and a work session would not have nearly the public input. Then we make our decision in public. Councilwoman Monfor: I think a public hearing is appropriate if Mr. Cone says he's not going to negotiate. Then we either appropriate the $180,000 and put it to a Council vote, have a public hearing, and if the people think its a great idea, go for it, fine and if they think its too much money for the City to commit and that's fine too. But we make a decision. Mayor Williams stated that if the Council felt mare comfortable, he would prefer the question of the boat rang be on the 2/7/90 meeting, Council agreed. Councilman Smalley asked if money would be involved at this meeting, Mayor Williams answered that it would be. Councilman Smalley suggested condemnation procedures and let the courts settle a fee. Mayor Williams noted that he was in his fourth year and the last condemnation is still not settled. PW Director Kornelis suggested placing an ad in the newspapers soliciting lands available along the river. The Council discussed it further, however, decided to stick with the present option and depending the outcome, may consider this later. The Council agreed to speak on "Sound -off" on BSRM on the project 2/5/90. 2. City Manager None 3. Attorne a. City Attorney Rogers reported on an upcoming meeting with the AML Legislative Committee in Juneau and also a conference in Los Angeles for the American Bar Association which he chairs. The Council had no objections. b. Councilwoman Monfor noted that on the news, in Anchorage, SBA was made to tear down the Palace Hotel because it was a nuisance and a public hazard. So they have torn down the hotel and they are going to sell the land. Isn't that interesting that they can do that in Anchorage and we're such a fight with them down here. City Attorney Rogers stated that he did see it and will be checking on it. Mayor Williams stated that he had heard that SBA had a qualified buyer. C. Councilwoman Monfor asked about the steel building being torn down. City Attorney Rogers: I had a telephone conversation this afternoon. They are past due. The uprights are still there, they should all be down and off by this Friday. They had an alternative, they could have thrown the uprights over and would have had a mess on the ground. They asked for my indulgence, I said it just happens I'm too busy today, he assured me by this Friday. KENAI CITY COUNCIL January 3, 1990 Page 15 4. City Clerk a. Councilwoman Swarner expressed thanks for the memo listing the additional pass out items for Council meetings. 5. Finance Director None 6. Public Works Director a. The Kenai River Mouth Viewing area grant, including the extensive environmental assessment of the property is done. I have heard that there is a very good possibility that we will get it. There is $600,000 available and we're asking for $150,000. b. PW Director Kornelis reported that he is working with the Borough Emergency Management team and meeting with them frequently. C. We are getting close to finishing the Willow Street Extension project. That should be ready for bid soon. 7. Airport Manager a. Airport Manager is still on vacation. b. Mayor Williams asked if there was any progress on the case for the industrial display and asked if it were possible to build it in-house. PW Director Kornelis answered that our maintenance person built the case that is on the wall at the back of the Chambers and it would be possible should no bids come in. C. Councilman Walker indicated an earlier discussion with the City Manager regarding contacting the state about road maintenance and asked the Public Works Director for information. PW Director Kornelis: I think what happens is that they start from Soldotna and work this way. I know that this was one of the things you asked about, why can't they start in Kenai and work the other way. Councilman Walker noted that during the holiday weekend, it was very noticeable that from Wildwood north, the road was in excellent shape. From Wildwood south and on through Kenai nearly to Soldotna, the roads were terrible. That shape hasn't improved much, in fact with the new snow its getting worse. What I would ask is that you contact them again and maybe we can get something done. Mayor Williams: Let me quote you what was said to the legislators, "we're doing 30% more roads for 30% less budget with 30% less equipment than we were in 1982." That was information given to our legislators by DOT. Councilman Smalley: And doing 30% less work. Councilwoman Monfor: Who's getting the $2.7 million. KENAI CITY COUNCIL January 3, 1990 Page 16 d. Councilman Smalley: From the cross country skiers, is it possible that as the City grader goes by Linwood and Lawton that they could dish out that pull out that goes into the back nine on the golf course. Cross Country skiers use it. I noticed someone private tried to push that berm themselves. That would allow a lot of people access to that golf course as it is a useful Cross country ski area. PW Director Kornelis answered that there would be no problem, the area will be cleared of the berm. e. Councilman Smalley: On a bulletin board in a store in a city to the east, a boom truck was advertised. It had a 22' boom on it, and the price was $5,600 and was an older truck. It was a private party. PN Director Kornelis will look into the condition of the truck and the price. f. Councilwoman Swarner: I have had some calls and comments about the snow nd the maintenance. I did notice the City personnel lifting the gates when they went by on Willow Street so I know they can lift those wings. PW Director Kornelis: When they do that they leave a pile of snow when they do that. Councilwoman Swarner: Well it wasn't that much. Also, Woodland .... PW Director Kornelis: We did go down Willow and do sidewalks and came back and did the driveways when we did sidewalks, perhaps that was what they meant. We don't usually do sidewalks until all the streets are done. Councilwoman Swarner: Parts of Woodland is done and parts are not. PW Director Kornelis stated he was sure they would get to them. g. Councilwoman Swarner reported that there was no stop sign or street sign at the corner of Maple and Ash and asked that one be put up. .7. DTSCIJSSION 1. Citizens a. Clarence Ladd spoke about abatement of old buildings. There is one at Riverview and Main. It is a log cabin and is deplorable shape. Mr. Ladd asked that it be condemned and torn down. Mr. Ladd had learned that Mr. Jim Julliason was the latest owner. b. Mr. Ladd stated that there is another building at the end of Riverview that has been broken into many times and asked that it also be considered for destruction. Mr. Ladd suggested that he would renovate his cabin if the City would take care of the other building. The Building Official was asked about the two buildings in question. Mr. Hackney stated that we could condemn those buildings. I brought two buildings to the Council some time back. We went all through the lengthy process set out in the code, the City Manager said it would cost some money to take those buildings down. Council said we don't want to do anything with it, we don't know if we can go in to private property, it was turned over to the attorney, and it went on until the federal government got it back and now we can't touch it. Mayor Williams and Mr. Hackney disagreed on when those buildings came into federal hands. Councilwoman Monfor pointed out that money was appropriated for this type of thing. So with the money there and there are buildings KENAI CITY COUNCIL January 3, 1990 Page 17 identified, then we ought to do it.'Al", Councilman Smalley asked if the code ww�e not specific when considering private property. City Attorney Rogers: I think what Howard's referring to is we went through a period of time when we went through the process and we were trying to do it at their expense, and finally the Council said we will appropriate money so that we can do it, get it done and worry about recouping the costs later. By that time, even though we'd gone through that whole process, by that time Howard is, I think correct, it was in the hands of the federal agency and we had to start doing it again. We can begin and spend what we have and come back and ask for more if needed. Mr. Hackney asked if Council wanted to give him a list of all the buildings, including the house in Thompson Park. Councilwoman Monfor: I thought we were doing the one in Thompson Park. Councilman Smalley: No, at the last meeting the City chose not to pursue that particular one at that point in time, but to let the owners deal with the problem. Councilwoman Monfor: The owners haven't done anything, that's what the problem is. Councilman Smalley: I'm sorry, I was talking about a different place, the Shirnberg home is what you're referring to. City Attorney Rogers: I don't know how many are out there, you may be in a position of having to prioritize at some point in time. Councilwoman Monfor: Well, the Shirnberg house is the one we directed the legal department to move ahead on. Council will take abatement of old buildings under advisement - drawing up a list. 2. Council a. Councilwoman Swarner plans on going to Juneau at the end of January for the AML legislative meeting (1/30 - 2/2/90) b. Councilwoman Monfor: I think its time the City does something positive regarding the Congregate Housing, at our next meeting, discuss putting some money forward and building the addition to the dining room at the Senior Center. This will show we have a commitment by not only having our seniors do what they have been doing but we're doing our part. City Manager Brighton asked what should be available, answer: an amount, approximately $157,000 which is the expansion of the dining room only; PG1 Director Kornelis was directed to produce the schematics, and using his expertise, bring back a figure at the next meeting to cover the cost as described by the schematics. C. Councilman Smalley asked for a letter of appreciation accompany the check for the Boy Scouts. d. Mayor Williams discussed a new project at the softball fields. There are some major tournaments scheduled for Kenai this year. The figure is approximately $150,000 for a pavilion. Mayor Williams asked the Public KENAI CITY COUNCIL January 3, 1990 Page 18 Works Director to come beck with some solid figures on this as well so Council can make some decisions in that direction. K _ ADJOURNMENT There being no further business, the meeting was adjourned at 9:03 P.M. Janet A. Loper Deputy City Clerk (Transcribed from Tapes) Cook Inlet .ousing Authority 670 West Fireweed Lane • Anchorage, Alaska 99 January 9, 1990 112 Mr. Timothy J. Rogersra ,P'c•� >. City Attorney 1 .' tKE' City of Kenait' .Kenaai, Alaska 99611�"�'c1Z°Z `{ Dear Mr. Rogers: Enclosed are "Boiler Plate" copies of.a.vtandard cooperation agreement that would form the base dine •document for a cooperation agreement between Cook Inlet Housing Authority and -,the. City of Kenai. Please.call if.you have questions on this document. The ..existing agreement -between 'the.Kenai Peninsula Borough and Cook :.Inlet Housing Authority was executed on'April 11', 1985 and •-As the other document that you may want to'revfew Since you stated you had a copy, T have no t 'enc losesd it. Cook Inlert Housing Authority's attorney who will be handling the processing of the cooperation agreement between Cook Inlet Housing Authority and the City of Kenai is: Mr. Charles Dunnagan of Jermain Dunnagan and Ovens in Anchorage. His telephone number is 563-8844. Thank .you for your time and consideration yesterday. I look forward to the meeting next week and Cook Tn1et Housing Authority looks forward to establishing a Mutual 'Help '-Homeownership ..Opportunity Program in the City of Kenai. We feel that this program will benefit all concerned. Sincerely, COOK INLET HOUSING AUTHORITY Thomas W. Harris TWH/ j t: Enclosure as stated CC: Mr-. Charles Dunnagan Jermain Dunnagan & Owens THIS AcnEi-Mrr made this DAY of 19 , BY AHD BETWEEN (herein called the (Indian 11ousing Authority) "Authority") AND therein called the (City) "City") NITIIESSETH: In consideration of the mutual covenants hereinafter set forth, the parties hereto do agree as follows: I. Whenever used in this agreement: (a) The term "Project" shall mean any low -rent housing herein- after developed or acquired by the Authority with financial assistance of the United States of America acting through the Secretary of Housing and Urban Development (herein called the "Government"); excluding, however, any low -rent housing project covered by any contract for loans and annual contributions entered into between the Authority and the Government, or its predecessor agencies, prior to the date of this Agreement; (b) The term "Taxing Body" shall mean the State or any political subdivision or taxing unit thereof in which a Project is situated and which would have authority to assess or levy real or personal property taxes or to certify such taxes to a taxing body or public officer to be levied for its use and benefit with respect to a Project if it were not exempt from taxation; (c) The term "Shelter Rent" shall mean the total of all charges to all tenants of a Project for dwelling rents and non - dwelling rents (excluding all other income of such Project), less the cost to the Authority of all dwelling and non - dwelling utilities; 2. The Authority shall endeavor to secure a contract or contracts \ with the Government for loans and annual contributions covering one or more Projects consisting of approximately units. The Authority shall plan, develop or acquire and administer the Project or Projects, which shall be located within the corporate limits of the City. The obligations of the parties hereto shall apply to each such Project and the City shall have no contractual responsibility with respect to the Project other than as expressly provided in this Agreement. 3. (a) Under the Constitution and laws of the State of Alaska, the Project is exempt from all real and personal property taxes and special assessments levied or imposed by any Taxing Body. So long as either (i) the Project is owned by a public body or governmcntal agency and is used for low rent housing pur- poses, or (ii) any contract between the Authority and the Government for loans or annual contributions, or both, in connection with such Project remains in force and effect, or (iii) any bonds issued in connection with such Project or any monies due to the Government in connection with such Project remain unpaid, whichever period is the longest, the City agrees that it will not levy or impose any real or personal property taxes or special assessment upon such Project or u,.on the Authority with respect thereto. During such period, the Authority shall make annual payments c�'jC therein called 'Payments in Lieu of Taxes') in lieu of such taxes and special assessments and in payment for, the public services said facilities to rnished from time to time without other cost or charge for or with respect to such Project. !cross out pare. mot (b) Mach such annual Payuant in Lieu of Taxes shall be made at selected) the time when real property taxes on such Project would be paid it it were subject to taxation, and shall be in amount equal to either (i) ten percent (10t1' of the shelter Rent charged by the Authority in respect to such Project during the 12 months' period ending before such such payment is umde or (ii)• the amount permitted to be paid by applicable State law in effect on the date such payment is made, whichever amount is the lower. (e) No payment for any year shall be made to the City in excess of the amount of the real property taxes which would have been paid to the City for such year if the Project were not exempt from taxation. (cross out para. not _�_------- -•�__ _� �--- selected) \ (d) Upon failure of the Authority to make any Payment in Lieu of Taxes, no lien against any Project or assets of the Authority shall attach, nor shall any interest or penalties accrue or attach on account thereof. 4. During the period commencing with the date of the acquisition of any part of the site or sites of any Project and continuing so long as either (i) such Project is owned by a public body or governmental agency and is used for low -rent housing purposes, or (ii) any contract between the Authority and the Government for loans or annual contri- butions, or both, in connection with such Project remains in force and effect, (iii) any bonds issued in connection with such Project or any monies due to the Government in connection with such Project remain unpaid, whichever period is the longest, the City, without cost or charge to the Authority or the tenants of such Project (other than the Payments in Lieu of Taxes), shall: (a) Furnish or cause to be furnished to the Authority and the tenants of such Project public services and facili- ties of the same character an6 to the same extent as are furnished from time to time without cost or charge to other dwellings and inhabitants in the City; (b) Notwithstanding the date of acquisition the City shall vacate such streets, roads, and alleys within the area of such Project as may be necessary in the development thereof, and convey without charge to the Authority, 3 such interest as the City may have in such vacated areas; and insofar as the City is lawfully able to do so without cost or expense to the Authority or to the City, cause to be removed from such vacated areas, insofar as it siay be necessary, all public or private utility lines and equip- ment; (c) insofar the City may lawfully do so, (i) grant such deviation from the building code as are reasonable and necessary to promote economy and efficiency in the development and administration of such Project, and at the same time, safeguard health and safety; and (ii) make such changes in any zoning of the site and surrounding territory of such Project as are reasonable and necessary for the development and protection of such Project and surrounding territory; - (d) Accept grants of easements necessary for the development of such Project; and (e) Cooperate with the Authority by such other lawful action or ways as the City and the Authority may find necessary in connection with the development and administration of such Project. 5. In respect to any Project, the City further agrees that within a zeisonable time after receipt of a written request therefor from the Authority: (a) It will accept the dedication of all interior streets, roads, alleys, and adjacent sidewalks within the area of such Project, together with all storm and sanitary sewer mains in such dedicated areas, after the Authority or its Developer has completed the grading, improvements, paving and installation thereof, in accordance with specifications acceptable to the City; (b) -It will accept necessary dedications of land for, and will grade, improve, pave, and provide sidewalks for, all streets bounding such Project or necessary to provide adequate access thereto (in consideration whereof the Authority or its Developer shall pay to the City such amounts as would be assessed against the Project site for such work it such site \\ were privately owned); and (c) It will provide, or cause to be provided, water mains and storm and sanitary sewer mains, leading to such Project and serving the bounding streets thereof (in consideration whereof the Authority or its Developer shall pay to the City such amounts as would be assessed against the Project site for such work if such site were privately owned). 6. If by reason of the City's failure or refusal to furnish or cause to be furnished any public services or facilities which it has agreed hereunder to furnish or cause to be furnished to the Authority or to the tenants of any Project, the Authority incurs any expense to obtain such services or facilities, then the Authority may deduct the amount of such expenses from any Payment in Lieu of Taxes due or to become due to the City in respect to any Project or any other low -rent housing projects owned or operated by the Authority. 7. The City agrees to exempt the tenants of the Project and the Authority from the payment of Sales Taxes in conjunction with rents. B. No Cooperation Agreement heretofore entered into between the City and the Authority shall be construed to apply to any Project covered by this Agreement. 9. No member of the governing body of the City or any other public official of the City who exercises any responsibilities or functions with respect to any Project during his tenure or for one year there- after shall have any interest, direct or indirect, in any project or any property included or planned to be included in any Project, or any contracts in connection with such Projects or property. If any such governing body member or such other public official of the City involuntarily acquires or had acquired prior to the beginning of his tenure any such interest, he shall immediately disclose such interest to the Authority. 10. So long as any contract between the Authority and -the Government for loans (including preliminary loans) or annual contributions, or both, in connection with any Project remains in force and effect, or so long as any bonds issued in connection with any project, or any monies due the Government in connection with any Project remain unpaid, this Agreement shall not be abrogated, changed, or modified without the consent of the Government. The privileges and obliga- tions of the City hereunder shall remain in full force and effect with respect to each Project so long as the beneficial title to such Project is held by the Authority or by any other public body or governmental agency, including the Government, authorized by law to engage in the development or administration of low -rent housing projects. If at any time, the beneficial title to, or possession of, any Project is held by such other public body or governmental agency, including the Government, the provisions hereto shall inure to the benefit of and may be enforced by, such other public body or govern- mental agency, including the Government. IN WITNESS WHEREOF, the City and the Authority have respectively signed this Agreement and caused their seals to be affixed and attested as of the day and year first above written. SEAL ATTEST: SEAL ATTEST: City Clerk (City) BY: (MAYOR) BY: (Authority) CHAI RMAN Secret3:f-7reasur�r C "1 Suggested by: City Council City of Kenai ORDINANCE NO. 1350-90 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA ESTABLISHING AN AMBULANCE SERVICE FEE. WHEREAS, currently, the City provides ambulance services financed by general taxation and no fee is charged to users of ambulance services, and WHEREAS, the City Council has determined that a fee should be charged to users of ambulance services so that the cost of providing the service is more equitably distributed to users, and WHEREAS, it is anticipated that the Central Peninsula General Hospital will provide ambulance billing services. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that a $300 ambulance service fee be established to be charged to each patient transported by ambulance by the Kenai Fire Department. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of January, 1990. JOHN J. WILLIAMS, MAYOR ATTEST: Janet A. Loper, Deputy City Clerk First Reading: January 3, 1990 Second Reading: January 17, 1990 Effective Date: February 17, 1990 Approved by Finance: (12/27/89) .-- jal I C-Z Suggested by: Council City of Kenai ORDINANCE NO. 1351-90 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $15,000 IN THE GENERAL FUND AS THE CITY OF KENAI'S SHARE OF COSTS FOR THE U.S. CUSTOMS SERVICE. WHEREAS, the City of Kenai desires to locate a customs officer in the Kenai Municipal airport, and WHEREAS, the municipalities of Kenai, Homer, and the Kenai Peninsula Borough have each pledged $15,000; the City of Soldotna has pledged $5,000; and the City of Seward has pledged $30,000 to finance the customs officer's expenses for one year, and WHEREAS, the City of Kenai will provide Airport Terminal space, including utilities, at no cost. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: Appropriation of Fund Balance $15,000 Increase Appropriations: Non -Departmental - Miscellaneous $15,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of January, 1990. JOHN J. WILLIAMS, MAYOR ATTEST: Janet A. Loper, Deputy City Clerk First Reading: January 3, 1989 Second Reading: January 17, 1989 Effective Date: January 17, 1989 Approved by Finance: CGQ (12/27/89) jal Sponsored by: Schaefermeyer C __3 CITY OF SEWARD, ALASKA ORDINANCE NO..525 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALAS]CA, ACCEPTING DELEGATED AUTHORITY FROM THE KENAI PMltSUL& UGH TO MAC LAND Uri! PLAN AME KINTS TO THS SEWARD COMPREHENSIVE PLAN WHEREAS, the City has adopted Resolution 89-109, accepting delegated authority from the Kenai Peninsula Borough to provide zoning regulations within the city of Seward; and WHEREAS, Kenai Peninsula Borough Ordinance 89-17 authorized cities of the Borough to make amendments to Land Use Plans in accordance with certain procedures; and WHEREAS, it is desirable for the city of Seward to assume delegated power to make land use plan amendments to it comprehensive plan; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA HEREBY ORDAINS that: Section 1. The city of Seward hereby accepts delegated authority to make amendments to the city's Land Use Plan as authorized by Section 21.01.025 of the Kenai Peninsula Borough Code of Ordinances. Section 2. The Borough Planning Commission shall be notified in writing of all proposed and adopted amendments to the city's Land Use Plan. All amendments to the Seward Land Use Plan shall be made by ordinance after public hearing on the proposed amendments. Section 3. This ordinance shall take effect upon approval of an ordinance by the Kenai Peninsula Borough Assembly delegating to the city of Seward the authority to make land use plan amendments to the Seward Comprehensive Plan. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 9th day of October, 1989. THE CITY OF SEWARD, ALASKA r L Will am C. Noll, Mayor -"40 wrd.ereictnei . c oe4 'Zere.':)y cPx1i4.}► '.'fiat I' a true annvcc:--rect copy O' the o. doial records of the Ker..ti I (i f'cnir: u'r- l orcugh cxi Lde it -lie C' _ r::; offce. Soldotna, diias m of %� J IC 2-5 19 GL- �ti, cti r CC Introduced by: Mayor C _ 3 Date: Dec. 5, 1989 Hearing: Jan. 2, 1990 Vote: Unanimous Action: Enacted sough CI AI PENINSULA BOROUGH ;rok�w� "� C7eORDINANCE 89-63 C�� IL, LEGATING AUTHORITY FROM THE KENAI PENINSULA BOROUGH TO THE CITY OF SEWARD TO MAKE LAND USE PLAN AMENDMENTS TO THE SEWARD COMPREHENSIVE PLAN. WHEREAS, pursuant to Kenai Peninsula Borough 21.01.020(a), the City of Seward was previously delegated zoning powers by ordinance; and WHEREAS, according to Kenai Peninsula Borough Code of Ordinance 21.01.025, cities are authorized to make land use plan amendments to their comprehensive plans upon assuming zoning powers; and WHEREAS, the Seward City Council enacted Ordinance 625 on October 9, 1989, accepting this authority; and WHEREAS, the Kenai Peninsula Borough Planning Commission has recommended approval of the authority transfer; NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH. Section 1. That the City of Seward is authorized to enact land use plan amendments to the Seward Comprehensive Plan in accordance with KPB 21.01.025. Section 2. That this ordinance takes effect immediately upon its enactment. ENACTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH ON THIS 2nd DAY OF January 1990. Ja es W. Skogsta , Assembly President ATTEST: y �k/ {c JL c �. �Nrc r`1. Lt C.-_'3 Introduced by: Mayor a Req. of Planning Commission Date: March 21, 1989 Action: Enacted Vote: Unanimous KENAI PENINSULA BOROUGH ORDINANCE 89-17 (SUBSTITUTE II) AMENDING KENAI PENINSULA BOROUGH CODE SECTION 21.01.025 TO ALLOW CITIES TO MAKE LAND USE PLAN AMENDMENTS TO CITY COMPREHENSIVE PLANS WHEREAS, pursuant to AS 29.40.010(b), a borough may, by as- sembly ordinance, delegate land use regulatory power to cities, who by council ordinance request such delegation; and WHEREAS, the Kenai Peninsula Borough has enacted Kenai Peninsula Borough 21.41.020(a) :.rhich allows cities to assume zoning powers, with assembly approval, if the city requests this power by a city council ordinance; and WHEREAS, delegated zoning power is often unwieldy to cities holding such power withcut holding concurrent delegated power to make land use plan amendments to their comprehensive plans; NOW THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH: Section 1. That section 21.01.025 of the Kenai Peninsula Borough Code of Ordinances entitled "Comprehensive Plans" is hereby repealed. Section 2. That the Kenai Peninsula Borough Code of Or- dinances is hereby amended by adding a new section to be numbered 21.01.025 which shall read as follows: 21.01.025 -City Comprehensive Plans -- Amendments A. All amendments to a comprehensive plan for a city must be adopted by assembly ordinance except for land use plan amendments made by the city council in accordance with this section. B. A city that has the delegated authority to provide zoning regulations is authorized to make land use plan amendments, as defined in this sec- tion, to their adopted comprehensive plan. Kenai Peninsula Borough Ord. 89-17 (Subst. II) Page 1 of 2 pages C. A city shall accept delegation of authority to make land use plan amendments by an ordinance which shall provide the following: (1) a clear statement of acceptance of the authority; (2)that all amendments shall be made by an or- dinance; (3) that the borough planning commission be notified in writing of all proposed and adopted amend- ments; D. The assembly, acting upon recommendations of the borough planning commission, shall delegate the authority to make land use plan changes to a city com- prehensive plan by ordinance. This authority may be revoked by ordinance upon a finding that a city has not complied with the terms of this ordinance. E. Cities requesting e.:zensive comprehensive plan amendments and cities without the power to make land use plan amendments, may recommend to the Borough Plan- ning Commission a change to the city comprehensive plan. F. The assembly, acting upon recommendations of the borough planning commission, and finding that no sig- nificant negative impacts occur outside the municipal district, shall make extensive comprehensive plan amendments by ordinance. Section 3. That this ordinance takes effect immediately upon its enactment. ENACTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH ON THIS find DAY OF May , 1989. ATTEST: 1 J . Borough C erk' 1.6 n W. Sewall, Assembly President c4Z Kenai Peninsula Borough Ord. 89-17 (Subst. II) Page 2 of 2 Pages Suggested by: Planning & Zoning Commission City of Kenai RESOLUTION NO. 90-02 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA MAKING APPLICATION TO THE KENAI PENINSULA BOROUGH FOR MAKING LAND USE PLAN AMENDMENTS TO THE COMPREHENSIVE PLAN. WHEREAS, the Kenai Peninsula Borough retains the powers of planning which includes the Comprehensive Plan, of which, the Land Use Plan Map is an integral part and is currently being updated, and WHEREAS, at the present time, when rezoning of property takes place within the City of Kenai, the City must, by ordinance, request the Kenai Peninsula Borough make an appropriate change to the Land Use Plan Map, and WHEREAS, KPB Ordinance 89-17 will "allow cities to make land use plan amendment to the city comprehensive plans" by request through a submittal of an ordinance by the City Council, and WHEREAS, the Planning & Zoning Commission have held public hearings on the resolution at the Planning level and feels that it is in the best interest of the City to have control over the Land Use Plan within the guidelines of KPB 89-17, and WHEREAS, the Planning & Zoning Commission recommends the Kenai City Council take advantage of the opportunity to take control of the rezoning of lands lying within the city limits in accordance with KPB 89-17. NOW, THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that it is hereby requested that the Kenai Peninsula Borough proceed with the necessary paperwork to allow the City of Kenai to make amendments to the City of Kenai Land Use Plan. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of January, 1990. JOHN J. WILLIAMS, MAYOR ATTEST: Janet Ruotsala, City Clerk jal Kenai Planning & Zoning Commission RESOLUTION PZ89-17 A RESOLUTION OF THE PLANNING & ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING APPLICATION TO THE KENAI PENINSULA BOROUGH FOR MAKING LAND USE PLAN AMENDMENTS TO THE COMPREHENSIVE PLAN. WHEREAS, at the present time, when rezoning of property takes place within the City of Kenai the City must, by ordinance request the Kenai Peninsula Borough make an appropriate change to the Land Use Plan and Map, and WHEREAS, by KPB Ordinance 89-17 will "allow cities to make land use plan amendment to city comprehensive plans" by request through a submittal of an ordinance by the City Council, and WHEREAS, the Planning & Zoning Commission feels that it is in the best interest of the City to have control over the Land Use Plan within the guidelines of KPB 89-17, and WHEREAS, the Planning & Zoning Commission recommends the Kenai City Council take advantage of the opportunity to take control of the rezoning of lands lying within the city limits in accordance with KPB 89-17. NOW, THEREFORE BE IT RESOLVED, by the Planning & Zoning Commission of the City of Kenai, Alaska that it is hereby recommended to the Kenai City Council, that the appropriate ordinance be drafted which would request the Kenai Peninsula Borough proceed with the necessary paperwork to allow the City of Kenai to make amendments to the City of Kenai Land Use Plan. PASSED by the Planning & Zoning Commission of the City of Kenai, Alaska, this 13th day of December, 1989. Chairthan ATTEST: Tanning Secreta Introduced by: Mayor @ Req. of Planning Commission Date: March 21, 1989 Action: Enacted Vote: Unanimous KENAI PENINSULA BOROUGH ORDINANCE 89-17 (SUBSTITUTE II) AMENDING KENAI PENINSULA BOROUGH CODE SECTION 21.01.025 TO ALLOW CITIES TO MAKE LAND USE PLAN AMENDMENTS TO CITY COMPREHENSIVE PLANS WHEREAS, pursuant to AS 29.40.010(b), a. borouca may, by as- sembly ordinance, delegate land use regulatory power to cities, who by council ordinance request such delegation; and WHEREAS, the Kenai Peninsula Borough has enacted Kenai Peninsula Borough 21.01.020(a) which allows cities to assume zoning powers, with assembly approval, if the city requests this power by a city council ordinance; and WHEREAS, delegated zoning power is often unwieldy to cities holding such power without holding concurrent delegated power to make land use plan amendments to their comprehensive plans; NOW THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH: Section 1. That section 21.01.025 of the Kenai Peninsula Borough Code of Ordinances entitled "Comprehensive Plans" is hereby repealed. Section 2. That the Kenai Peninsula Borough Code of Or- dinances is hereby amended by adding a new section to be numbered 21.01.025 which shall read as follows: 21.01 .025 City Comprehensive Plans -- Amendments A. All amendments to a comprehensive plan for a city must be adopted by assembly ordinance except for land use plan amendments made by the city council in accordance with this section. B. A city that has the delegated authority to provide zoning regulations is authorized to make land use plan amendments, as defined in this sec- tion, to their adopted comprehensive plan. ' Kenai Peninsula Borough Ord. 89-17 (Subst. II) Page 1 of 2 pages C C. A city shall accept delegation of authority to make land use plan amendments by an ordinance which shall provide the following: (1) a clear statement of acceptance of the authority; (2)that all amendments shall be made by an or- dinance; (3) that the. borough planning commission be notified in writing of all proposed and adopted amend- ments; D. The assembly, acting upon recommendations of the borough planning commission, shall delegate the authority to make land use plan changes to a city com- prehensive plan by ordinance. This authority may be revoked by ordinance upon a finding that a city has not complied with the terms of this ordinance. E. Cities requesting extensive comprehensive plan amendments and cities without the power to make land use plan amendments, may recommend to the Borough Plan- ning Commission a change to the city comprehensive plan. F. The assembly, acting upon recommendations of the borough planning commission, and finding that no sig- nificant negative impacts occur outside the municipal district, shall make extensive comprehensive plan amendments by ordinance. Section 3. That this ordinance takes effect immediately upon its enactment. ENACTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH ON THIS 2nd DAY OF btav , 1989. n W. Sewala, Assembly President ATTEST: Sc:_:;ugh C erk Kenai Peninsula Borough Ord. 89-17 (Subst. II) Page 2 of 2 Pages C-q Suggested By: Council CITY OF KENAI RESOLUTION 90-03 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, AUTHORIZING PARTICIPATION IN THE ALASKA INTERIM MANAGEMENT SERVICES PROGRAM. WHEREAS, an Interim Management Services Program is being organized by the Alaska Municipal Management Association, the Alaska Municipal League, and the Alaska Department of Community and Regional Affairs; and, WHEREAS, the intent of this program is to help local governments who may need interim management services to solve problems or to fill a vacant manager or department head position while a recruitment is underway for a new manager or department head; and, WHEREAS, City of Kenai's management personnel have expressed an interest in applying for the Talent Bank of the Interim Management Services Program; and, WHEREAS, the services may be provided by personnel who are currently employed, provided the current employer is willing to release its personnel to serve in an interim management position for temporary periods of time; and, WHEREAS, the Council desires to authorize participation of City employees in this program because the City, itself, may have a future need for interim services to be performed by talent available from other employers. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1: The City Manager, department heads and other employees of the City of Kenai are hereby authorized to participate in the Alaska Interim Management Service Program subject to the limitations provided in this Resolution. Section 2: An employer who desires to retain one of the City of Kenai's employees for interim periods of time must agree to reimburse the City of Kenai for all expenses which the City will incur related to the employee during the period of time that the employee will not be available for employment in Kenai. -1- Section 3: Prior to releasing a City employee for temporary duty with another employer, a finding shall be made that the assignment will not seriously compromise needs of the City. In the case of the City Manager, City Attorney, and City Clerk, this finding shall be made by a formal motion approved by a majority of the City Council. For all other city employees, the finding may be made by the City Manager. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the 17th day of January, 1990. ATTEST: Janet Ruotsala, City Clerk Approved by Finance: (1/12/90) JOHN J. WILLIAMS, MAYOR -2- INTERIM MANAGEMENT SERVICES PROGRAM TALENT BANK Letter of Agreement I, , accept appointment to the Talent Bank of the Interim Management Services Program (IMSP), a joint program of the Alaska Municipal Management Association, Alaska Municipal League, and Alaska Department of Community and Regional Affairs. I agree that as a condition of membership in the IMSP Talent Bank I will not seek, nor will I accept, permanent employment with an employing municipality for a period of one (1) year following the termination of any interim contract entered into as a result of a referral under this program. Failure to abide by this condition will be cause for me to be removed from the Talent Bank. I understand that my name will be referred to Alaskan municipalities seeking qualified persons to fill management -level positions for which I am qualified on an interim basis, either while a search is being conducted to fill an opening permanently or to evaluate and solve specific problems. I understand that after referrals have been made by the IMSP Talent Bank, arrangements for interviews and any subsequent employment control will be negotiated between the employer and me, not by IMSP. Employment under the IMSP will require a contract outlining the conditions of employment, including the length of the period of employment. A copy of the contract must be sent to the Interim Management Services Program, c/o AMMA, 217 Second Street, Suite 200, Juneau, Alaska, 99801. One extension of the contract period may be mutually agreed upon by the employer and me. I understand, however, that an interim employee hired under this program may not be employed by any municipality for more than six (6) months without specific approval of an extension by the sponsoring organizations. AGREED to this day of Return to: c/o Alaska Municipal Management Association 217 Second Street, Suite 200 Juneau, AK 99801 Employee Name Address Telephone 19 INTERIM MANAGEMENT SER`TICES AGREEMENT The parties to this Agreement are: WHEREAS, of Employee) time, as "Kenai" City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 "Employee" 210 Fidalgo Avenue Kenai, AK 99611 the City of desires to employ (hereinafter referred to for City management services for an interim provided by state and municipal law; and, WHEREAS, Employee services while a in the services as period of is capable and willing to provide these recruitment is underway for a City ; and, WHEREAS, the Kenai City Council, by Resolution No. 90-03, has authorized the release of its City for temporary duty with another Employer on a finding by a majority of the Council that the assignment will not seriously compromise needs of Kenai and an agreement by the Employer to reimburse Kenai for all expenses which Kenai will incur related to this City during the period of time that the employee will not be available for employment in Kenai. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties hereto agree as follows: Section 1. Employee is hereby released by Kenai for temporary duty with on the terms and conditions specified in this Agreement. A finding is hereby made by the Kenai City Council that this assignment will not seriously compromise needs of Kenai provided the employee shall be available for phone and FAX consultations with Kenai officials while on duty in -1- Section a. It is mutually understood that not seek or accept regular employment with condition of this Agreement and the AMMA/AML/DCRA Management Service which referred employee to this engagement. employee may as a Interim f or Section 3. Employee shall remain on Kenai's payroll for the term of this Agreement. In consideration of these services, shall reimburse Kenai at a rate of $ per week while employee is employed by If engaged for a portion of a week, the rate shall be $ per day for each day that employee is on duty for , including travel days, holidays, and weekends. This rate of compensation includes all of Kenai's payroll related expenses for employee, including employer contributions for the Alaska Public Employee Retirement System, health and life insurance, vacation, sick leave and workers compensation insurance. Section 4. Days expended by employee on 's behalf shall be reported weekly to the Finance Directors of and Kenai and shall be the basis for reimbursement due to Kenai from pursuant to this Agreement. Section 5. agrees to directly pay or to reimburse employee for actual expenses for travel and subsistence incurred by employee in the performance of this Agreement, but the per diem rate shall not exceed that which is provided to other officials. Section 6. agrees to defend, indemnify and hold Kenai and employee harmless from and against all claims, cause of action. liability, judgments, losses, and expenses arising out of, incident to, or in connection with 's operations in connection with this Agreement. Section 7. This Agreement sets forth all the terms, conditions, and agreements between the parties and supersedes any previous understandings or agreements whether oral or written. Section 8. The term of this Agreement shall not exceed one month. It shall begin upon the date of approval of all parties as indicated below and employee's arrival in The Agreement may be terminated by _ at any time. IN WITNESS WHEREOF, the City Council of Kenai has caused this Agreement to be approved, signed and executed in its behalf by its Mayor, and duly attested by its City Clerk, and the City Council of has caused this Agreement to be :wz approved, signed and executed in its behalf by its Mayor, and duly attested by its City Clerk, and employee has signed and executed this Agreement the day and year written. Employee Date PASSED AND APPROVED by the Kenai City Council at a meeting held on , 19 ATTEST: Janet Ruotsala, City Clerk PASSED AND APPROVED by the meeting held on ATTEST: City Clerk -3- John J. Williams, Mayor 19 Mayor City Council at a ..� ]DRIPART "r OF ISIRVEN`UE 550W.7THAVE ANChVWE, ALASKA 99501-OM ALfLIC8E1lEEG0MTAN?L fiQA1W January 5, 1990 ti`O212a2930�,�2�' Janet Ruotsala, Clerk City of Kenai 210 Fidalgo Kenai, AK 99611 Dear Ms. Ruotsala: We are in receipt of the following applications for renewal of liquor licenses within the City of Kenai. You are being notified as required by AS O4.11.520. BEVERAGE DISPENSARY PACKAGE STORE CLUB Fraternal Order of Eagles # 3525 cc; Kenai Peninsula Borough A local governing body as defined under AS 04.21.060(10) may protest the approval of the application(s) parses t to AS O4.11.480 by furnishing the board Md the applicant with a clear and concise written statement of reasons is support of a protest of the application within 30 days of receipt of this notice. if a protest is filed, the board will not approve the application runless it flob that the protest is arbitrary, capricious and vareasor hr. I6060 , to aarords"s with AS 04.11.510(b), the board will Ratify the applicant that the application is denied for the reasons started in the protest. The applicant is entitled to an infal coafereaee with either the director or the board and, if not satisfied by the informal conference, is entitled to a formal hearing in accordance with AS 44.62.330.44.62.630. IF THE APPLICANT REQUESTS A NEARING., 10 '1�IPALM NUT COW FORWARD AT THE MAKING YITN EVIDENCE AND +ANd IM SUPPORT OP YM PMISST. Under AS O4.11.420(4), the board may not issue a license or perait for promises in a municipality where a zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages, unless a variance of the regulation or ordinance has been approved. Under AS 04.11.420(b) municipalities Mot inform the board of zoning regulations or ordinesess wbink prohibit the sale or cossiMption of alcoholic bevere"S . If you wish to protest the application referenced above, please do so in the prescribed maser and within the prescribed time. Please show proof of service open the applicant. Uader regulation 15 AAC 104.145(c) the board will groat a local governing body as ortensioa of 30 days in which to protest •s application if a request is filed in writing within the original 30-day period. If a municipal zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages at the proposed premises sad so variance of the regulation or ordinance has bees approved, please so notify us and provide a certified copy of the regulation or ordinance if you have not previously done so. PROTEST UNDER AS O4.11.480 AND THE PRONIDITION Of SALE OR CONSURPTION OF ALCONOLIC IMAMBS AS REQUIRED ST 209M INULATION OR ORDINANCE UNDER AS O4.11.420(s) All TW SRPARATR AND DISTINCT SOWICTS. Please bear that is mind in uespoading to this notice. Drier AS O4.11.310. if applicable, a notice is also being provided to the appropriate community council within your municipality. Sincerely, r r �•r Beth Nelson Records & Licensing Supervisor (907) 277-8638 LW,� KE NAI PENINSULA BOROUGH 144 N. BINKLEY • SOLDOTNA. ALASKA 99669 PHONE (907) 262.4441 DON GILMAN MAYOR January 11, 1990 City of Kenai Attn: Janet 210 Fidalgo Kenai, AK 99611 RE: 1990 Liquor License Renewal FRATERNAL ORDER OF EAGLES 3525 - Club Dear Janet: Please be advised that the Borough will have no objection to the renewal of the above noted license based upon unpaid taxes. The Sales Tax accounts registered for this business are filed through 9/89. Personal and real property tax accounts registered to either the applicants or business are current through the tax year 1989. Please send us a copy of your City Council approval/objection letter for our records. Thank you for your cooperation in these matters. Sincerely, Chery Smith Delinquent Accounts aAbAUM UOUOR LICENSE APPLICATION d r PAGE 2 OF 2 SECTION F. WDIVIOUAL/CORPORATE OFFICER INFORMATION. The IaRsrMtIMom,aunmuat» y PaNr1W for eseh aPPResnI or urporate odker. N the eppNsaa a Oo•NFFNcMI k • osrporsaers, M e1Ne•ra ti11111 meet Yteesd• tfr h•Ndwlt Vb••pndsertt 8ecnary and Trenlaw. LIes addexat paOx W nso•xaty. FuN I*m sDo uw IMIIeM) �•' - -J.Q.- ram ,� �, S o .� F W i e, - (Do na uw MNhls) — — G��I Ivi ✓ A. 5e a i T _2rz �z o z r�.NNI° A°°r 0 13 o x l 1 7 7 CRY, SWA ZIPCod , City, eIW. zo Cads -- -- Marc Addess (N OMereM from rrrMlMtg address) ..' . Mom Address (• OMorant From mWOV orldress) two of of Home Phone vroAc Phone pet• Qj BMM Home P1wne WoAc Phone L aMake Real0ency repptltIMlsaurpotatlat.lOesMrth*avP*MteaMwYx hold. _ P %� D S ! (� o �✓ l . Ma" N"Vk dIsaco"rellon, Identllythe corporate efnce you hqd. a� of Y �Ms .r rarr r�en ta+e FW N (00 rM use Ineatt) Fu1 M na Ire InNlats) r,� �� ��s I ol" Adrfren .-. MMM,N — — city, state. ZipCode-y- , , - Ke "A Hones Addax (r dMoreM from odWe ss) Moms Ad"" (N drler•M from nW ft ofte s) we of BkNr 'ram Moms PhoM 26.2 �rf 7 S wok Phone pate BIM S e1 u Z Home Phone ?3 work Phare 44 s 5' L of Yeas • MeppMeant leacorporatbn, ItieMMytMrwrporalloeb•you L aN•Ihr,o�Rooklorm Ms�pp•cslM/k�ocwper•tlati ganMylke oor{loroborygsyou Ye M/hs •- O pox wry W*Mua IN onrponte Wftw Its atmw noes haw any dlraa or M WM It"" in my other owto c N ag business licensed In Alaska or any other state? O(NO ❑ YEB y Yes psi• state Irma a bxHxe end addrar. 1Ne any MM "a eaPom• eete•r listed above been aenvfdW of f•bny, a vk*#m aws 04, or bex m mkfed as a Ioxaw or marryer or Reamed pwmises In another state a dr NtpraMaws a Ilrt elite eMros M MHO a M• Iasi appNastlW? XNO ❑ YES r Yes, Plaoss, •spMfn •h cape ax ahaat of paper. KQKLARAT'M "Mb•MWWall M~byaaehappseaa. I dedsra WWW pertaky of pal jlMy Nat I hm ""amid (If appgo *pn.' Including the aocompanying schedules and statements, and to the beat of my knof0lodpe arld ballet k Is his, oorrtla! and oerllplieta. I flasher certify th M I have road and amfamillarwIth This 4 of the Alaska statutes and Its regulations, and that In accordance with AS 04,11.450, no parson other than the appkmgs) or Noarme(s) has any direct or Indirect financial Interest In the licensed business. I agree to provide all Information required by the Alcoholic Beverage Control Board In support of this application. It aMesillon Is for a Beverage Dispensary of Package Store license, I certify that each applicant named on this application has resided In the state of Masks for at least one year prior /e the date of this application; and/or the applicant Is a corporation reglsterdd and qualified to do business In that state of AlasMflor on* yew pft to the date.of this application, or all of the shareholders have resided In the state of Alaska for least at one year prior to the date of this appkeMon. SIMA OF LICtt� M(APPLICANT) SIGNATURES OF TRANSFEREE(S) e i Subeerbod end sworn to before rm mis —/ r� aWscrbod and ewom to before me this days 11%D�L'ir��/ is days . 19 Y.(/ G�75d=--;ter s ,' •,} Cn • • r. - r` „� NOTARY PUBLIC IN AND FOR ALASKA-� - r 1 a NOTARY PUBLIC IN AND FOR ALASKA , : 1 , krY eortvreeebn aspires JG/9 My corn expires Form 04-sot Pegs 2 (Rev. erect) i' I I ,Sto . of Alesk. ! . .. _ PAGE 10F2 i I550W.kcHawraManuarWBow LIQUOR LICENSE APPLICATION • S50 W. BeveM Avirnw 1Nchorage. "tl"ka "WI (Please read separate Instructions) 'inel Paris is 1 a2 to Vera ABC Bow. (907) 277 MW . zit r/�.7 Kali Prl3 for your 10". This spPlkMlon Is for. (chi one) A fill oslslklar year ❑ The sk nMO n period boom W and w*" — -- SECTION A. LIC ME INFORMATION. keiM be conNwled for at of rPPka . Type of Appicae$a: ❑ New Ranawel L lco nv Type Q Gf L U O BlMnae ReferenceFar Llconso lfer Fodaal E1N sec.04.11. /990 IS (BMsM OR ❑ QnsiwwnieipMry LlcBraBRBBy.% /Ir'i. C.� ( -- FlIIR>i FB 100.00 ❑ Transfer of License Hoidw ❑ Flow~ Current Liquor License Number �1 �j /� — U 3 l I' 1ege B bean ee$reNad r oCNW M Neal 30 elpht4wx doyadurlinplhopwtwMadryew? (AID 04.11.330(3)) O hill, Will to denied unless writer request for ®YES wM1IM al b/ the Ak:olnolk Bevr PWWty (q / Iapepleable)-$--`" Total , $ Enter apploonYs or taww wee's mans and "Woo e is raw so I should sppsrl on the lamse: / { %1 l: 4 I IA 1 r W(f D w o -f f /A� A.. - e •�•A CommunNy ConaldN Namo and Kim" Address (Sao Instruction" , .. Bbar�Addrei. r b�nws. 4 011y keas �t a rea i , Ak. Y �96J/ ❑ THIB IS A NEW AM a ADDRESS a �►�e(o 3 - W9 3 SECTION B. RMSESTOOEUCENSED.Mattia MNaw and RMecaMgn Nano 0 used pub0o.. eon r In aaystlrMg o MO" promises: MOM from Ore boundaries a a , A 9 a s maNct�7 �. r m'""`afh► Ili eonoa I Dletalleri measured under: Cy, o S ' M. 1 ❑ AS a.11.410 OR ❑ Greater than SO mile$ ❑ Law flyer 00 mks NM Applicable CbwM Church: /h ! /" S . I ❑ LOCO Ordow" No.: PrrrV1 to be IT" IS: , � ... .,.BuMV Piano submitted! toFho IAranM (RaglAYfd for now and proposed buildings) Ex Facit4 � New BulkIV ❑ pairown of Promises Medved ter ant New and Relocation lcalons SECTION C. RENEWAL INFO TI N. MM w fr Renewal appNwNOas only. Has Me are. where alcoholic WvanOsew sold, carved. HMthoslwsnontsf9nahawkwaast Margot fromthelW ►ACKAOE «TONE is the notice o eel alcoholic borer• aneumed. Pgeewe$darwYMaorW beMrJharrpadlfadMo 01611 wd sufr40od o Ow Abo hob Nvaape Control egos In roponse o written order W ng renewal ? ISM clap- submitted? Dowd? 1 ❑ YES NO ❑ YES X NO ❑ YES ❑ NO / SECTION D. TRSFERINFORMATION. —bewimp—lotTirwfr61Leone$Hob«andRalocatonapplicationsonly. ❑ involuntary Transfer. Attach documents wheh ovbenco -dsf w under AS 04,11.670. ❑ Regular Transfer. Any Instrument executed undo« AS O4M.670 for puiposse of epptyog AS O4.11.360(4)18) In a later involuntary transfer, must be mad with this application (1 S AAC 104.105(q). Rost rprsonM prgoMy wrivoyod withghle tranMlr Is: (Attach extra Mores I necessary) Norms(s) and Kidding Address of Current Lbonaoe(s) BEFORt TRANSFER, Doing Bnrimew As: (Buolne" He") BEFORE TRANSFER. Steel Address or Location SUMON E. CORPORA N INFORMATION. Mot a rxnnpleled N sPPNcw r a•appNcant le a corpretlon. (AS O4.11.390) Crpaole Nama DMnB scow As Rusfnese Nome) Dole M kncorpondlon In Alaska Met" Address / Stroh Address or Location of Business sl S SDc►,e A aura . City, Stole, ZIP Code 7 _ i I ! // City and 81ol—T�— I 'fin ^ f A k 9,3611 Capowe Office Phone No. 3- ./ 3 Is the above nsrtnW oorporelbn in good standing with the Stale of Atooks, Deportmensf t Commerce, and Economic. Development? r" l YES ❑ NO Re"tonod Agent (Name and l - 0 9 Address) Agent's Alaska Raaldency -- Years: IS Months: Agent's Phone No. CORPORATION DBIECTORS AND 9TOCKHOLDERE (Use, admOonM Monte 0 nwoswry) % or Sher" of Full Name (Do not use llnkMe) Hone Address Dale of Birth Owner" cNa. �� — 4005 6y4ff 1�1` Any 663 A d 616/3Lf� Any �3���:r e »9.• � sN� ,� k Je/�7 �h I erns AMA OFFICE USE ONLY U-� Jd tree 4111 Llcesss Nunnber pale Apprevad Dlrodoes o 1 - Fomn 04-901 Page 1 (Rev. 8M) G-5b e lLis oSTEVE COWM GOVERAM SUIR 550 W. 7th Avenue ALCaVXX&FV&MWC*VrR&8a4RD Anchorage, Alaska 99501 Janet Ruotsala, Clerk City of Kenai 210 Fidalgo Kenai, Ak 99611 January 9, 1990 ��2345g�� V-A .z Ms. Ruotsala: We are in receipt of the following application(s) for a new liquor license(#) within the CitY Qf 6eWi You are being notified as required by AS 04.11.520. BEVERAGE DISPENSARY - TOURISM AS O4.11.40OG (2) THE UPPER DECK; Louis & Therese Schilling; 305 N. Willow; MAIL: 47 Spur View Dr. Kenai, Ak 99611 A local governing body as defined under AS O4.21.080(10) may protest the approval of the applicatios(s) p0rosont to AS O4.11.430 by furnishing the board Nd the applicant with a cleat OW concise written statement of ressoas in support of a protest of the applicatios within 30 days of receipt of this notice. It a pe"ast is filed. the board will not approve the application wnlees It find that the pretest is arbitrary. csprieieve and "rcoasemshlo. lute". in a"erdseaa with as 04.11.S10#'ti, the board will at tity the applicant, that the application is denied for the reasons stated is the protest. The applicant is entitled to as informal eoateresae with eithw the director or the beard and. if not satisfied by the informal eestorence, is eatiflod to a formal hearing in accordwis with AS 44.62.330-44.62.630. If Trill APPLICAM R ESTS A lbw NO, = VINCIPALITT VIST COW PMAtD AT Tllt RUIN VM VIOINCE Under AS O4.11.420(a), the board say not issue a license or permit for promises in a municipality where a zoning regulation or ordinance prohibits ter sale or consumption of alcoholic beverages, unless a vari stee of the regulation or ordinance has been approved. Under AS 04.11.420(b) municipalities met inform the board of zoning regulations or ordinances which prohibit the sale or consumption of alcoholic beverages. If you wish to protest the application referenced above, pleaso do so in the proscribed manner and within the prescribed time. Please show proof of service upon the applicwt. ldor regulation 15 AAC 104.14S'(c) the board will &cast a local govogsist body an eutessioa of 30 days in which to protest to application if a repeat is filed in writing within the. original 30-day period. If a municipal zoning regulation or ordinance prohibits the sale or consumption of alcoholic Bever Ses at the proposed promises and no variance of the regulation or ordinance has been approved, please so notify to and proviido a cortifiod copy of the regulation or ordinance if you have not previously done so. PROMT UUM AS O4.11.480 AND TER PRORIBITION OF SALE 01 CONSUMION OF ALCON+OLIC 800WIS AS RWUIW NX MING zi0ULATION 01 ORDINAW9 UUM AS 04.11.420(ia) Alt 7WO SIPAUT4 AW NIS!'IM spaji RS. Please bear that is stud in responding to this notice. Roder AS O4.11.310. if applicable, a notice is also being provided to the appropriate community council within your municipality. Sincerely, Beth Nelson Records & Licensing Supervisor (907) 277-8638 i KENA►I PENINSULA BOROUGH 144 N. BINKLEY • SOLDOTNA, ALASKA 99669 PHONE (907) 262.4441 DON GILMAN MAYOR January 11, 1990 City of Kenai Attn: Janet 210 Fidalgo Kenai, AK 99611 RE: NEW LIQUOR LICENSE APPLICATION THE UPPER DECK - Beverage Dispensary Dear Janet: Please be advised that the Borough will have no objection to the new application of the above noted liquor license based upon unpaid taxes. The Sales Tax accounts registered for this applicant are filed through 9/89. Personal and real property tax accounts registered to either the applicants or business are current through the tax year 1989. Please send us a copy of your City Council approval/objection letter for our records. Thank you for your cooperation in these matters. Sincerely, Cher Smith Delinquent Accounts SIM'tl Ate" PAGE 1 OF 2 'u°`W.So wflhAv�6o180"" LIQUOR LICENSE APPLICATION 330 W. 8overnkn Avenue Nneherap- Alaska NMI (Pietas read ate Instructions) Koo Paris rt 1 and = to the ABC Board. pto7► z77aaN r � KesP M i for year Iloes. This application is for. (cheat one) Q A full calendar yew O The fis will period beeaxtin0 — and ending ---- ----- - SECTION A. LIC NSE INFORMAMMM.IRira MoonpetadMM of Type of APPktlten: License Type Bever r• ON" n i sp endary ❑ Renews &MOM Rdeser¢S ParUlY51C1 �ft�r Yaw Faders EIN Bra.l4.11.41)t) 92-0121795 ® wllora a Koo�apr�y PINK I OR [I Outside, write"Ity, (AV of hertB3 LloBgINI FN c Filing Fee $ 100.0 ' Penalty ( (if' applicable) ;`— Current L"r License Number ❑ Transfer of Liters•iloklw ❑ ItNa rera, Oft ifs Homes Oran membw or active of Now 30 sight -hour dayetLrtrip MpMtaMaw yowl 09 O4.11.330(3)) ❑YES It no, •B. anvAbed.td.,nle.swrM—.m, —ter *&%:w ,�tl.p.r -, Is III road by the Alcoholic Severege NO Ow" Do" --- Total I Submitted $ Enter of i ll , 'e or traasferse's name erhtl rrnaame address se R should appear on the atone. Do" Business As (BOMnsu Nases) AbwFUg1L0 jObt 'nip Upper Dock Cenereway Council Nuns and M -a Address (Sao MsWaMrs) The l i) 9x'r I irk 47 Kenai, Spur K 9 lira Knai, AK 9fh11 Kern( Ciry 13rwhrv:il 210 Fitialgo Kenai, AK 9%11 8a^eel AdnMess N LocOon of awlftass SUS N. W11low Cry Kenai, AK 9%11 Business phone NumbN(s) ❑ THS 18 A NEW MAILING ADDRESS 283-3W SECTION PRIMSES TO 09 WCOMED. Nwetbacromplowdow New and Raoe.gon appecoloons. leans M be VOW es PAlos Or or In I a - M ldenSY prennisoe: 1e location of prerr I gr oMr Shen or lees Man 50 mono, from pw bearndrM coo U- T,* lboer 11er:k Pnwpot*W ay, Itorosnglh or unwd m olmi ipa"? " Closoaw, '' Grounds: DRINnea..redWON: C wcfn: I ❑ AS 04.11.410 OR ; ❑ Greer loon 30 mine 0 Lou Man 50 mbs ❑ Not AppacaMe 1/2 mile i ❑ Loca Ondner"No.: Promotion to be 11oNN.d Is: 0 Plat a bftsd A Fire Marshal (11"Iro i for now and proposed buildings) .13 Existing F New ODWrom of Prod Atiadned tar all Now and Relocation SEC71 N C. RENEWAL I MAtOeomvwodfornwwwtl only. Has the own wan Skohek be a -vie oeld, sersea NIB OS MaNngrdMltrnanne''YRanfMMaln0s'fraihiatrat PACKAOBBTOnListhenotkabosiatcoholehwer- coiNuirinfd. pesaspdis e0aanraferfdbffntlnatnpad�hornttlN oldo aiarrt nlbuRtWd to tinlotlgOe M Aroraye Control Soft al rsperlse to WVMen orders Ming ronawod7 wed"-- suam use Bowe ❑ YES ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO SEC710H D. TRANSFER IWORMATION. Will be a -Tared for Transfer of license NoldN aad Relocawm appkalws only. ❑ awaluntaT Trwwkr. Ap4dn.dwumpia Which evidence 9defsaor ur4w AS Norne(s) and Milling Address of Current Lkerssa(a) 04.11.670. 0 Regular Transfer. Any WMnw M executed under AS O4.11 A70 for purposes of applying AS O4.11.360(4)(8) In a Ider InvWumay transfer, must be ti*d win this "PMsskn (15 MC 104.105(Ii). Red or persona propemy conveyer) with We transfer W: (Attach *airs ohoas R necessary) BEFORE TRANSFER, OOatg Bwlnses As: (Business Nans) BEFORE TRANSFER. Shea Address or Location SECTION CORPORATION IN Must be completad 11 appkant er -applicant is a corporation. (AS O4.11.390) Coipw a Nara Doing Business As (Business Nane) OW of incorporation In Alaska Ma11hg Address Street Addross of Location of Business City, State, Zp Code CRY and State Corporote Office Phone No. is the above named corporation In good standing with the Ste* Of Alaska, Deparbn.m of Correnerce and Economic Devebpm ent? ❑ YES ❑ NO Registered Agent (Nara and Nit" Address) ' Agent's Alaska Roeklency — Years: Month: Agent's Phone No. CORPORATION DIRECTORS AND STOCKNOLDERe (Use addaona shot* 0 necessary) % or 9hNn of FUR Nome (Do not we kdtlaq. - Nome Address - - Dee of Birth fUrwherslhlp t Cr r„ :,,1,•, nos An=^ Urre%;r- Ust UNLT pr a i + • ) License Namur Dots Approved Dkodoeo Signature, rvmn w-vvh rage, tnev. wow) } AJ.ASK61LI000R LICENSE APPLICATION / i PAGE 2 OF 2 SECTION F. INDIVIDUAL/CORPORATE OFFICER INFORMATION. The rolpwkv reomraon PWO be govwad for own aWke nt or oorposw officer. it th. oI s , or os•sppsoant Is a cotpmalm th - 111, stall naW Installs silo Praslderd. Vko•PraaIdsfN, Soon" arW T Use additional papw as necewary. Full News (Do not uw Info t) Louis B. Schilling Rd Nome (Do not we Inbolp Therese C. Schilling MYlirq Aadna 47 Srur View Dr. Ms" Address ----- --- ---- 47 Spur Vice Dr. CRY. awe, zip coft CRY. Suft zip code Home Address (a ddterent from mesknp aWnss) P.t1. W)x 7155. P.Iklski, AK 40135 No Address is dWwwd from vain addro") — -- P.O. Pox 7155, Nlkiskf, W 9%35 Dote W awn y �2 Hone Phone 71n- 662 Yft* Wan. 283=J660 Date W am 3-5-45 Home Phone 776-3f4)2 Work Phone Longth of Memo Ft"Wono If SWWA 6acoMorsaon. klmley9Ncorporetesabyou hoId. Lwqth or Make Residency Iropplkantlsocorporellon. WmIly0recorpontoalkeyou hold. 'Ysoq) Months Yens Months Fw None (Do not wo Inaels) Full Name (Do not was Inkwla) Mal" Adekow W" Ad&oo city, awe. Ztn Cod. CRY, &late, zip Code — Home Addnu (s dMrsm flan moshg address) Home Address If daaent from mdlq addrw) Dore at Bksn Moms Plan Work Pfau. Dots or of Horns Phone Work Phr•ns LwVth of Alaskan 0eppsoontwacapoagao, Ida" Ittysar'Fmoteogbayou hoof. LwVIh WAlaska 11WOkantls scorporotion. Identify th.eorpaaa a0cs you "042' Years Months Yaws Months SECTION G. INDIVIDUAUCOMOUTE OFFICER BACKGROUND. Must too wmw w for as types of aw—ors. Doss my kw*A" or corpaaw wine nwnw show now have Mr drat or' I "Intents In any omer Woohose bove"o bsanow seamed In Alaska or any othw owo7 ❑ NO 0 YES it yea, gfvs sere, nam. of InrNmes, aW address. VIP loulWrt Backdoor Lounge 47 Spur View Dr, 47 Spur Vlew Dr. Rena i , AK 'YA-01 Kel Its i , rW 9%11 Hw any IndvIdual or cop ate o0kor Must Wom boon wnvkiad of a tawny, a, Was, WAS 04, or Does corrvlsted as a scerwes or mw ogo W nomood pn nknu In a wow sta. l ft aqua laws W 0W sera osrw thofang W Mo tea appks#m7 - dNO ❑ YES R yes, plowo oxplako on aoparae sh.N of paper. '6FCTION N. DECLARATION Moat bo nod era cWWW by soon oppseay. I declare under penalty of perjury that I have examined this application, Including the accompanying schedules and statements, and to the best of my knowledge and belief it Is true, correct and complete. I further certify that I have read and am familiar With Title 4 of the Alaska statutes and its regulations, and that In accordance with AS O4.11.450, no person other than the applicant(s) or licensae(s) has any direct or hlctirect financial Interest In the licensed business. I agree to provide all Information required by the Alcoholic Beverage Control Board In support of this application. If application Is for a Beverage Dispensary or Package Store license, I certify that each applicant named on this application has resided In the state of Alaska for at Nast one year prior to the date of this application; and/or the applicant Is a corporation registered and qualified to do business In the state of Alaska for one year prior to the date of this application, or all of the shareholders have resided In the state of Alaska for at least one year prior to the date of this application. SKMATURE S OF CURRRE(\NT�) LICENSE S APPLICA SIONATURE S OF TRANSFEREE(S) is B. Schilling 1 - Therese C. Schilling - - - SubsaWd and awom to bofors nn thle aubscrbod wO swom to before me this day of Novnnlnr , ,oZQ .19 Bq day of .19 NOTARY PUBLIC IN AND Fort ALASKA NOTARY PUBLIC IN ANO FOR ALASKA thy commlealon explr.e _ li/', v`•Y)�a2. .'<7. GY�:'Z7�W�la n t. 'IN'obmndeNon expm - Form 04-901 Pape 2 (Rev. SM11) 3 C , i ME 1791-18l1 CITY OF KENAI %%Od Ca al 4 �4,"„ 210 RDA= 0M. J4L"M "Gil TMJW~ 283.7536 FAX 907-283-3014 MEMORANL7LTM LF TO : Mayor Williams and Council FROM: Janet Loper, Planning Specialist DATE: January 17, 1990 Attached is a copy of the minutes of the Planning & Zoning Commission which met January 10, 1990. KE NA = PLANIST = NG & Z ON = NG COMM = S S = ON January 10, 1990 - 7:00 P.M. City Hall Council Chambers Phil Bryson, Vice Chairman 1. ROLL CALL Present: Bryson, Bannock, Brown, Graveley, McComsey Absent: Gilman, Glick a. Election of Chair MOTION: Commissioner McComsey nominated Phil Bryson for Chair, seconded by Commissioner Brown VOTE: Nominations were closed and the motion passed unanimously b. Election of Vice Chair MOTION: Commissioner Graveley nominated Commissioner McComsey for Vice Chair, seconded by Commissioner Brown VOTE: Nominations were closed and the motion passed unanimously 2. APPROVAL OF AGENDA Chairman Bryson asked that Resolution PZ90-01 be placed on the agenda as item 7-d. MOTION: Commissioner McComsey moved to approved the amended agenda, seconded by Commissioner Brown VOTE: Motion passed by Unanimous Consent 3. PERSONS PRESENT SCHEDULED TO BE HEARD None KENAI PLANNING & ZONING COMMISSION January 10, 1990 Page 2 4. PUBLIC HEARINGS a. Encroachment Permit Application: Lot 2, Block 2, Sungate Park S/D - Garage Within Rear Yard Setback - HUD A memo from the Building Official was presented prior to the meeting. Basically, the memo pointed out that the prior concerns of the Commission were groundless, that the building does not exceed 1/3 of the rear yard, that, regardless of the size, it is still an accessory building. Planning Specialist Loper explained the Council decision and partial Council minutes of the last meeting were available. It was pointed out that with the vacation not approved, the encroachment permit would be invalid as this type of permit cannot be issued for anything in an easement. MOTION: Commissioner McComsey moved for approval of the encroachment permit for Lot 2, Block 2, Sungate S/D, seconded by commissioner Graveley Chairman Bryson called for public comments. Al Poore: We do object to the encroachment because the area is sandy and it blocks off a lot of our property. The lot the garage encroaches on is our property. We live on a homestead and this is for Homer Electric to serve the homestead and any other utilities. For that reason I think you should turn down this request and the building should be removed. Commissioner Bannock asked for the location of Mr. Poore's property. It was explained by map. Chairman Bryson asked if the building encroached on his property. Mr. Poore: No, it's into the utility easement and Homer Electric runs lines down there. If I develop my land, the digging will have to come out of my land. There has to be 20' and it will have to come out of mine. They should move back onto their own lot. Commissioner McComsey: I understand that they're asking for five feet, but I understand that this feet sits six feet over onto this easement. Mr. Poore answered that it was at least four feet over. Chairman Bryson stated that it sits 6.2' from the property line so if five feet were vacated it would not be in the vacated portion. There being no further public comments, Chairman Bryson brought the issue back to the Commission. Commissioner Graveley stated that he had gone out and walked the property and felt that, in his opinion there was no major problem. Should anything be built on the back side of the building is still going to be built far enough back that there should be no problem. You could still get a ditch - witch or a piece of machinery down there. Commissioner Bannock asked for clarification of the issue. It was again pointed out that, according to the Building Official's memo, an accessory building can lie within the rear yard setback. KENAI PLANNING & ZONING COMMISSION January 10, 1990 Page 3 Commissioner McComsey: Our problem with this is why do they make easements if they let people build into them. The building doesn't even have a building permit. Planning Specialist Loper: Part of it doesn't have a building permit, the shop portion. Chairman Bryson: The 18' portion is the garage and the 28' portion is the addition. So the original garage construction would have been encroaching also. In the past there has been a lot less concern on a great many easement. Primarily it started coming up when the title companies started viewing it as a cloud on the title. I don't believe they always did, but at any rate, in this case, they petitioned to have the vacation. Commissioner Brown: You say the Council did not approve the vacation. And yet this is an accessory building, then its not an encroachment? Planning Specialist Loper: The question arose at the Planning Commission level as to whether or not it was an accessory structure because of its size. Just viewing the as -built it was noted that it was larger than the house. So the Commission had enough questions about the whole issue that you decided to deny the vacation and ask for an encroachment permit. That was the purpose of the Building Official's memo, to answer those question, and it returned to you as an encroachment permit by your request. In the meantime, the Council reiterated their stand that they will not issue a vacation, especially when there are violations on the garage. Commissioner Brown: Does that satisfy HUD then, if we were to send them a letter to say that they are not even encroaching because it is an accessory building. Planning Specialist Loper: But it still is within the easement. The two are not the same, and this permit will not help the easement problem. Commissioner McComsey: What happens if someone on lot four comes over and builds on his easement the same way and now we only have six feet or ten feet. Then we'd have to give them a vacation or permit too. I think its wrong is what I'm trying to say and I don't think it should be granted. I know its a mistake, but the original mistake should not have been made, they should have gotten a surveyor out there and done it right. If one does, would we allow another to do it and what about lot one and three. If we give this fellow five feet are we going to give those two lots five feet also. Planning Specialist Loper pointed out that the Council felt similarly about it. Chairman Bryson: I think its very common that the Borough has allowed this, if they have an encroachment situation then ... similar to this then they've allowed reduction in the easement size or a portion being taken out just to address the problem area. They weren't taking the hard view as the Council is. Commissioner McComsey: I understand, and I know that they've said that the water & sewer, if it ever did go, would probably go down Eagle Rock Drive, but with a sandy soil, 20' would be hard to put water down there and less than that would be impossible. Those kind of things have to be taken into consideration if water ever did go down through there. KENAI PLANNING & ZONING COMMISSION January 10, 1990 Page 4 Chairman Bryson: As Commissioner Graveley mentioned, these easements are utilized for shallow utilities that probably wouldn't be a problem to work with whatever they had left. Commissioner Graveley: I agree with what you're saying Art, but I think that this isn't the only one we have like this and it isn't the only one that's going to come up. What we really need to address this problem. This is one problem in itself we've got to address, but the real problem is we've got to figure out an answer or address a problem in the future to keep this from happening. Commissioner McComsey: Yes, there should be an as -built survey before they ever start building. Chairman Bryson: I think, we have both the people that are presumably trying to buy the property plus the title holders and in both cases they're the ones that bear the brunt of a situation like this. Previously we had proposed a requirement for surveying and it didn't gather sufficient support. Commissioner McComsey: Its just another rule but still and all it would stop this and these wouldn't be coming because I know that several of these have come in the last few years and now that people are moving and ..... Building Official Hackney disagreed. He stated that to his knowledge there had been none. They were all encroachments into setbacks. Commissioner McComsey: It seems to be fairly common, the building into setbacks. Now that the banks are selling the houses, and people are letting them go back we'll probably see more. Chairman Bryson: We've had one or two encroachments into road easements, one comes to mind over on Fifth Street. Commissioner Graveley: I believe there's another one on Aliak or Kiana. Planning Specialist Loper: The first encroachment permit we did was for one over on Haller, it was also into a setback. Commissioner McComsey: Actually, its a moot point until Council makes another decision isn't that correct? Chairman Bryson: I think we should address this petition under any circumstance. Support it or defeat it. Commissioner Brown: It wouldn't do any good to support it. In a way I can understand that if there's enough room in there and if they don't need the full easement, I guess I just don't understand why the Council rejected cutting it down to the five feet. Commissioner Graveley: I feel the Council's rejection of it is, in my own opinion, is that they don't want to set a precedence. Now maybe I took that wrong, but.... Councilman Smalley: One of the things that was mentioned at a Council meeting, when it first came to us I know the minutes called for a five foot setback but the ordinance came to us stating ten feet. Planning Specialist Loper: It was a letter rather than an ordinance. Councilman Smalley: Council talked a little bit in terms of the five, but there were so many KENAI PLANNING & ZONING COMMISSION January 10, 1990 Page 5 things that were wrong in this particular situation, that they didn't want to set a precedence and so they rejected it. Chairman Bryson: I believe the Borough were the people that came up with the five feet after discussion.. At the Borough level it was approved to vacate the five feet closer to the garage.. Councilman Smalley: In discussion with public works they indicated that ten feet was not adequate for water and or sewer, even though when is water & sewer ever going to go in there. There was discussion about just vacating it for that particular lot. And then of course, the Council said that if all property owners affected by the vacation were contacted, there were about 21 or 22, and all utility companies agree to vacate it then Council would probably accept it. At this point in time its not up to the Council to go out and get these, its up to the people affected by it. Chairman Bryson: When the discussion on this first came through, the public works comments on water & sewer addressed a lot that fronted on Fireweed and that was for a well encroachment. I didn't remember that a water & sewer location was an issue. Planning Specialist Loper: I think it came up in discussions with Mr. Poore because he would need that easement to get water & sewer to his rear lot wasn't that right? Councilman Smalley agreed. Commissioner Brown: So how do you suggest that it get unhung from this bureaucracy. It seems like its hung up, you can't vacate the easement and you can't issue an encroachment permit, then where do the people go. Councilman Smalley: Its up the owner of the home, a representative from HUD spoke at the meeting and they were hoping that Council would give them some suggestions and the City Attorney spoke. It really isn't up to the Council to give them suggestions. One of the things that came up was what about taking off the last ten feet, and the Council was not giving them suggestions for what they could do, its up to the owners. The attorneys comments were pointed out on page 10 of the Council minutes. Commissioner McComsey asked if there were any utilities in the easement now. Commissioner Graveley answered that it was phone and electric. Mr. Poore stated that it was Homer Electric, phone and cable. All would need to move beyond that lot for his property. Commissioner Brown: Did you say that Council objected to also vacating just a portion of that easement? Answer yes. Commissioner Graveley• Exactly who wants us to do what. Chairman Bryson: we've been asked to obtain an encroachment permit. What that would allow him to do, if this had not been determined to be an accessory use, would be that he would be acknowledged as not being in violation of the rear and side setback. It wouldn't address the easement. Since that time, it was determined to be an accessory use. Planning Specialist Loper: But it was at the Commission direction that it come back as an encroachment permit. Commissioner Brown: So there's a family that's living in the house that wants to buy it and HUD can't sell it because there's a cloud on the title. The only thing that will help them is to either vacate the utility or move KENA.I PLAND' & ZONING COMMISSION Januar•- 1990 pace the building. Can we move to vacate five feet of the utility? Planning Specialist Loper: No. commissioner Brown: Why not? Planning Specialist Loper! In the case of vacations of anything we are advisory to Council and Council, by Borough statute has the final say on whether or not to vacate and Council has issued it's decision. It has already been through the Commission level. Commissioner Brown: We can advise them that we looked at it and it's our opinion that they should vacate half of the easement. They don't have to go along with us. But for us to sit on our hands ... Planning Specialist Loper: The problem is that it wasn't approved the first time it came to through the Commission. MOTION: Commissioner Brown moved to amend the original motion to read that we vacate that portion of the utility easement ... Planning Specialist Loper: Point of order, you ... Chairman Bryson: I was going to ... you need to address the petition and you cannot make a major deviation from the original motion. MOTION WITHDRAWN VOTE: Motion Fails Chairman Bryson - no Commissioner Brown - no Commissioner Bannock - no Commissioner Graveley - no Commissioner McComsey - no MOTION: Commissioner Brown moved to recommend to the City Council that they approve vacating that portion of the utility easement that this building encroaches upon, for Lot 2, Block 2, Sungate S/D, seconded by Commissioner Graveley Chairman Bryson: Then it is your intent to request a reconsideration of their action or petition for ... Commissioner Brown: No, they don't even need to reconsider it if they don't want to, all I'm doing is saying that we should, send it back to the Council saying that we, as a Planning & Zoning Commission feel that they should vacate it. Commissioner Bannock, stated that, judging from the minutes we just read, I don't see any clues that leads us to believe that Council will change their mind about it and referred to statements by Councilman Measles on page 6. Commissioner Brown: If you're only faced with either moving the building or vacating the easement, I can't see where it's reasonable to make the people move the building when there's no need for that wide of an easement. They need to be reasonable in this situation. I'll vote yes for it, whether they want to accept it or not is up to them. Commissioner Graveley: The horse is already let out of the barn on several of these and I feel down the road or in the future we've got to make some revisions or changes to the codes to correct the problem for the future. KENAI PLANNING & ZONING COMMISSION January 10, 1990 Page 7 VOTE: Commissioner McComsey: I agree with that also, and I'm sympathetic to the people with the property but it still looks like when they built that they should have known where they were building. I just cannot believe that people just go in and throw something up. I can't go along with vacating it. Councilman Smalley: Correct me if I'm wrong, but the garage was built and then an addition put on to it, so there's permit problems there, there's more than what meets the eye. I'm sympathetic to the buyers too, but hopefully they have legal counsel. Commissioner McComsey: I would think the people that are in the house are not going to have to do this, it's HUD that's going to have to do it. I understand it's their money but it's going to have be theirs to change this. They might be able to come back on the original owners. Motion Passes Commissioner Brown - yes Commissioner Bannock - no Commissioner Graveley - yes Commissioner McComsey - no Chairman Bryson - yes 5. APPROVAL OF MINUTES of December 13, 1989 Minutes were approved as submitted 6. OLD BUSINESS None 7. NEW BUSINESS a. Lease Amendment: Lots 10 & 11, Aleyeska S/D - for Restaurant & Lounge Administrative Assistant Howard came forward and explained that there is a letter from TransAlaska Title on behalf of Jose Ramos the lessee. I have since received a letter asking that this letter be amended to include a lounge. MOTION: Commissioner McComsey moved to recommend approval of the lease amendment, seconded by Commissioner Bannock VOTE: Motion passed unanimously by roll call vote b. Request for Direction: Proposed Bed & Breakfast in 4-Plex Unit - 2820 Watergate Way Mr. & Mrs. Helm Planning Specialist Loper explained that this was before the Commission because the original intent appears to be for a single family residence KENAI PLANNING & ZONING COMMISSION January 10, 1990 Page 8 only. It is not a formal application at this point. The Building Official has stated that as far as the building permit is concerned, it would make no difference unless it was changed structurally. Mr. Helm described his 4-plex and its location stating that it is one of the nicest buildings in the area. It was uncertain at this time whether he would rent out just one of the units or more as a bed and breakfast. Commissioner Bannock asked if he were the owner, answer yes. Commissioner Graveley asked if he had other renters in the building, answer yes. Chairman Bryson asked if Mr. Helm lived in one of the units, answer yes. Commissioner McComsey asked if the permit would be for just one unit, answer, that is all that is planned for this year. Commissioner Bannock: I read a story in the Anchorage paper about a situation just like this, they had taken a group of condominiums and turned them into a bed & breakfast and they thought it was kind of a fiasco. However, my question would be, what would be your primary idea to deal with this unit, to make it into a regular rental or going full time bed & breakfast. What would be more profitable. Mr. Helm: Oh, the bed & breakfast. We aren't planning on doing that but three months out of the year. Commissioner Bannock: But theoretically, this 4-plex, if you had three different people that were there the full 12 months, then, well are you going to save one of these units for a bed & breakfast or would you rather just rent it all out. Would this just be a filling in type thing between leases? Mr. Helm: I would, if I sign a lease for a renter I would just sign it for a specific date to another specific date like I've already done with the people in that unit now. Commissioner Bannock: Okay, so you're going to reserve a block of time that it could be rented out for a bed & breakfast. Mr. Helm: There are 4-plexes in that area that are operating similarly to that but they're not providing a breakfast in the morning. Needless to say it would be hard for them because they have to go outside into the next unit but we're not set up that way. If it runs well we were thinking about running a stairway from our unit down to the next one. In other words we'd turn the two units into one unit. Commissioner McComsey: Did you say this apartment building had three bedrooms? Answer yes. Commissioner McComsey: If you rented that out to three separate people and they all had cars would there be plenty of parking? Answer yes. Planning Specialist Loper: A bed & breakfast permit says that you are allowed up to 30% of your total floor area involved in your business. So if you have one unit for your business it would probably work. Mr. Helm: If I'm already renting it out I don't see where that would be a problem. I could rent it by the day if I want, I guess the main reason we even brought this before the board is simply because if there's a tax we need to pay we need to know. Planning Specialist Loper: The thing you need to be aware of, is if you rent it on a day to day basis you become a hotel and then it wouldn't be allowed. Mr. Helm: How about if I rent it for two days. How about for a week. KENAI PLANNING & ZONING COMMISSION January 10, 1990 Page 9 Planning Specialist Loper: The whole intent of all these ordinances which regulate businesses, is because of the impact you will make on the residents around you. You are in a fairly high price tag area which didn't even want duplexes at the beginning. Chairman Bryson: I think what we need to address is at what point does it becomes a hotel. Planning Specialist Loper: Exactly, which is why I brought it to you. The way the ordinance is laid out it speaks mainly to a single dwelling with rooms that would not appear to be separated. Mr. Helm: You do get into a gray area here because I work with a lot of oil companies and I know a lot of those companies rent units that they just hold for people to come and go on a month to month basis. Commissioner Graveley read the definition for hotel for Mr. Helm. Then the definition of bed & breakfast. Mr. Helm: I just want to be sure everybody knows what's going on. Commissioner Bannock: If this were to come to me as a bed & breakfast I would have a problem with it probably based on the fact that what you're describing, unlike the units Mr. Lowry built, I know this facility and I know that it's nice looking and it wouldn't be that hard to disguise it as a house. We're going to get into this of percentages, but what that's designed to do, to protect the integrity, however, if you look at this whole building, and they're only using one quarter of the whole building, so in this particular instance I wouldn't have a problem. Planning Specialist Loper: The question then is do you want them to come back for a bed & breakfast. Commissioner Bannock: I think that would be in order. Even though you would do it only two months out of the year, then a conditional use permit would be in order. So when the neighbors, for instance, complain, then the City can explain and take action. Chairman Bryson: Under the bed & breakfast there are specific conditions ... Commissioner Bannock: But it ties in with what we've done all along Angler Acres. Mr. Helm: Would that limit me to three people or what. Commissioner Bannock: We can limit it to whatever we agree to. Planning Specialist Loper: The other thing the permit does for you, is it goes to public hearing and you will find out whether or not any of them would object before you sink money into it. Discussion followed regarding time for hearing. Councilman Smalley: I was on this body when the bed & breakfast ordinance was developed and the intent of the ordinance was, again, single family dwellings. The concern that I'm having is the code says 30% of the building may be used. And, again it was in reference to single family dwellings. When you're talking about a 4-plex, is that a single building or four different units. Twenty-five percent of the building would be one apartment. All of that apartment would be 100% not 30%. This Commission is going to have to go back in and modify that portion of the code if that's what they want. Planning Specialist Loper: Or make a determination that it is or is not appropriate. KENAI PLANNING & ZONING COMMISSION January 10, 1990 Page 10 Chairman Bryson: There may be some interpretation necessary as to what area is being used for the bed & breakfast anyway. If it's a single bedroom or whatever. Mr. Helm asked if he rented it out as a whole unit like an apartment would there be a problem with that. Chairman Bryson: I don't think the Commission would have a problem with that. Mr. Helm asked if he provided a breakfast to his apartment, would anything stop him from doing that. Commissioner Brown answered, DEC. Mr. Helm: And if I wanted to just call it a bed & breakfast would there be anything stopping me from doing that. Planning Specialist Loper: I think the problem would be when you put your sign out. If we got calls and you weren't permitted. Commissioner Bannock: Were did we get the idea of single family. Commissioner Graveley again read that portion of the code. Commissioner Bannock: That doesn't say anything about a single family dwelling and specifically it does mention total floor area. We formed this thing in our minds that if it has four different addresses it doesn't meet the requirements. Secondly, as a conditional use permit, have we ever turned down an application for a bed & breakfast? Answer no. And as I understand it, the reason for a conditional use permit was to take a look at the facility, whether it be a guide service or whatever, we looked at the facility and then we made a decision on whether that would work or not and whether that would be a good thing or a bad thing for the community. Folks, I don't see anything that would lead us to believe it would be bad. Councilman Smalley: I'm'not saying its a bad thing, I'm saying it was the intent of the Commission, when those ordinances were developed of looking at single family dwellings. If you look at every one that's been issued in the City they are all single family units. Commissioner Bannock: Didn't we do a bed & breakfast on Beaver Loop that had a mini lodge effect? Planning Specialist Loper: None were separate apartments and one had a room with a small kitchen. The 4-plex you're talking about was not for a bed- & breakfast, it was for a booking service and the rest was an apartment. Planning Specialist Loper: Is there a reason why you want to call it a bed & breakfast? Mr. Helm answered that we were thinking of calling it an inn but it really isn't that either. Planning Specialist Loper: You're public is going to have a certain expectation when they walk in when you call it something specific. The Commission discussed the term lodge and while it isn't specifically stated in the code, the Building Official stated that it falls under the hotel/motel definition and is not allowed. Mr. Helm asked about a sign, he was advised to present the plans for the sign along with the business and they would also be reviewed by the Building Official. Chairman Bryson stated that, personally, he would defer to a public hearing. C. Corps Permit Application: Kenai River 247 - 21 Mooring Buoys in Kenai River Mouth - Wards Cove Packing Planning Specialist Loper explained that the Harbor Commission was unable to review this due to volcanic activity, however, they will meet again on KENAI PLANNING & ZONING COMMISSION January 10, 1990 Page 11 the following Monday. It was first thought that there were 21 new buoys, however, the Commission determined that most of them are existing and had not been permitted and there are really only three new ones on one side of the sand bar. Commissioner Graveley asked when the study would be completed regarding the actual location of existing buoys. It was unknown. MOTION: Commissioner Bannock moved to recommend approval of the buoys, seconded by Commissioner McComsey VOTE: Motion passed unanimously by roll call vote d. Preliminary Plat PZ90-01: Basin View S/D Part 4 Planning Specialist Loper explained that this was brought in due to the fact that the Borough will be seeing this prior to the next meeting. I asked Mr. McLane if the lot line move had anything to do with a possible encroachment and he answered that he didn't think so. This is different from regular plats in that, according to the letter, a portion of the lot was sold according to a metes and bounds deed and was illegal. MOTION: Commissioner McComsey moved for approval of PZ90-01, seconded by Commissioner Graveley VOTE: Motion passed unanimously by roll call vote 8. PLANNING a. Set Next Work Session on Comprehensive Plan The Commission set Thursday, February 15 for the next joint work session. b. DCRA - Commission Training Application A short summary sheet and application was presented to the Commission. The Commission felt the information stated that the training group would come to the City chosen and that they would like the application submitted. Only one of the Commissioners had expertise in the matters pertaining to planning and zoning. Councilman Smalley stated that if it should turn out that the classes are held elsewhere, if the Commission were interested, then they should ask Council to appropriate the money to send at least one or two persons. 9. REPORTS a. City Council Councilman Smalley reported on two meetings held in December. KENAI PLANNING & ZONING COMMISSION January 10, 1990 Page 12 a. The City of Kenai is going to participate in the Municipal Interim Management Services program where personnel can be shared within governmental agencies. The program is through the AML. b. There will be a hearing on the Beaver Loop boat ramp project and the commission was encouraged to attend. The price of the property was discussed by the Commission and Councilman Smalley. C. There will be a public hearing on the proposed ambulance fees and the Commission was encouraged to attend. b. Borough Planning Chairman Bryson reported on the item concerning the City of Kenai. C. City Administration None 10. PERSONS PRESENT NOT SCHEDULED TO BE HEARD None 11. INFORMATION ITEMS a. City Council Agenda - December 20, 1989 & January 3, 1990 b. Borough Planning Agenda - December 18, 1989 & January 8, 1990 C. The Urban Institute No questions or comments 12. COMMISSION COMMENTS & QUESTIONS Councilman Smalley asked if the Commission had set up a work session the signs in the new zone. Planning Specialist Loper answered that the Commission had discussed the issue and felt that signs could be reviewed on a case by case basis and handled similarly to the present procedure for conditional use permits, leases, and similar projects. Commissioner McComsey asked if the Commission could begin working on something to prevent encroachments in the future. The Commission asked Administration to research the old files and suasarize saw of the proposals when the Commission dealt with this issue a few years ago. 13. ADJOURNMENT There being no further business, the meeting was adjourned. Janet A. Loper, Planning Specialist Secretary to the Commission (Transcribed from Tapes) 12 9-7 CITY OF KENAI "Od uOap" 4 4ia4a'" 210 FIOALGO KENAI, ALASKA 99611 TELEPHONE 283. 7635 CITY OF KENAI BACKGROUND AND PERSONAL DATA - CANDIDATES FOR APPOINTMENT TO COMMITTEES AND COMMISSIONS NAME -Qhris y Q. Anderson Resident of City of Kenai? %p& __. How long? R YrS, Mailing Address P.Q. Box182, Kenaj4_AjLg9{i1.i Tel., —gal 28'1-9104 Bus. AddressQ.O. Box 1296. Kena , AK 99_ 611 Tel . qn7 983-4471 Presently employed by_J,RCTIC pIPE�INSP.ECTIQN,._jNC_ _ Job Title Yard Supervisor Name of Spouse Sinn Anderson Current membership in organizations: American Petroleum Institute - Alaska -Chapter Past organizational membership: Moose Club Committees interested in: Planning and Xonin2 Commission CITY OF KENAI „ad ea p4W 4 / "t I 210 FIDALGO KENAI, ALASKA 9"11 TELEPHONE 283.7535 CITY OF KENAI BACKGROUND AND PERSONAL DATA - CANDIDATES FOR APPOINTMENT TO COMMITTEES AND COMMISSIONS NAME Resident of City of Kenai? J How long? a6 5-2�425 Mailing Address l't d Tel. AF,3--Y356 Bus. Address (p �V fGr�A:,ni 5�VrM IYiwAy Tel. .2q3 -7/3 6 Presently employed by Job Title Name of Spouse Current membership in organizations: Past organizational membership: Committees interested in: —y i Siahature CITY OF KENAI " Od eapdoai o f 4ia�"' 210 FIDALGO KENAI, ALASKA 09611 TELEPHONE 283 - 7M CITY OF KENAI BACKGROUND AND PERSONAL DATA - CANDIDATES FOR APPOINTMENT TO COMMUTEES AND COMMISSIONS NAME C-.AVIS`00. HI Resident of City of Kenai? 4)a How long? Mailing Address ,:2-705 I_t )A7Lk(,1,4T(_ WAY Bus. Address satyr f Tel. — Presently employed by_ Job Title Name of Spouse Current membership in organizations:. Past organizational-mamberahine Committees interested in: U Signature s, i C �� `GF ' . �Y`f��v• 1 CITY OF KENAI " Del Ca al 4 4" CITY OF KENAI 210 FIDALQO KENAI, ALASKA "oil TELEPHONE 283 - 75W BACKGROUND AND PERSONAL DATA - CANDIDATES FOR APPOINTMENT TO COMMITTEES AND COMMISSIONS NAME Z d RE' ,r,4 C, ,6�. E E,01c' I,--' Resident of City of Kenai? `�� � How Tong? C Mailing Address 1,4 ,2 �i�,�l► i9,Pi4 ,��}/Tel. o?" e,. ' Bus. Address Tel. Presently employed by /AFio Job Title Name of Spouse dam c E-^15e.0 --- .��c1�►�9•�/ _ _____ ___ __ Current membership in organizations: �.®,,.��o`a.,� s��c.,�.LT� G'i���/�cv �: • — Ci, -�� 1� �'`-S�, 7"n� �'�%� Lain" Past organizational membership: Committees interested in: Sicfnature �ti err CLERK OF KE -try NAI �b� LZt O CITY OF KENAI " Od G'a dai 4 ,QZa"u „ 210 FIDALGO KENAI, ALASKA "811 TELEPHONE 283 - 7535 CITY OF KENAI BACKGROUND AND PERSONAL DATA - CANDIDATES FOR APPOINTMENT TO COMMITTEES AND COMMISSIONS NAME Resident of City of Kenai? No How long? Mailing Address C2-r 1 BoX 1 3ZZ KErval Tel. 77C,, - 3 Bus. Address 5p 4 �.ILLow ST kCNA! Tel .Z$3-,:y(0/p Presently employed by�C Job Title p�^(NEta_'' Name of Spouse N4 Current membership in organizations: VEI�t'I A,m 6---r-C). CcarnrnCRc.Q AUNONMDaMM N�c13 Past organizational membership: KENAI PUMP SALES AND RE R 504 south YMBow Street Kenel, Alaska n811 h1 W Siv A (907)283-5818 DOUO THOMPSON kW VIV 4 owner Committees interested in: S nature o�$ n N <J ls��t�l Zl lt���o CITY OF KENAI „UDC Cam al 4 41""„ 210 FIVALGO KENAI, ALASKA 99413 TELEPHONE 283 - 7535� Qi� rb ► 'fl�f q! CITY OF KENAI BACKGROUND AND PERSONAL DATA - CANDIDATES FOR APPOINTMENT TO COMMITTEES AND COMMISSIONS Resident of City of Kenai?yEs How long? y y,cs /n% 6 .iP&;'P Nv�y /fr r_'A',V , .►if; f966f Mailing Address o,'OEBv,w- Aso -v,,Xr9pf�1Te1. Bus. Address Tel. Presently employed by ,yc%nogr ?%we 2t st✓T Job Title r Name of Spouse�,,,,�j,p�y ,y, C,vt� Current membership in -organizations: ' .R 1. Past organizational'membership: rragos� c%u�l • .:. .. Committees interested in: Signature ,7)-..'7 January 10, 1990 Honorable Mayor Williams City of Kenai 210 Fidalgo Street Kenai, AK 99611 Re: Resignation From Planning And Zoning Commission Dear Mayor Williams: As you know Blaine and I are expecting our first baby in July of 1990. With these additional responsibilities of motherhood and my employment with the Kenai Peninsula School District, I do not believe that I have sufficient amount of time to address the important issues which are resolved by the Planning and Zoning Commission. Thus, I find it necessary to resign from my seat on the Commission. Until you find my replacement, I will attend meetings if my presence is required for a quorum. It was an honor and privilege to have served on the Commission. Please give my regards to the other Commission members. They are a dedicated group of individuals. Very truly yours, Marga et M. Gilman J" 4 lrv r i�±i P3�.dLGf� KEtdt1'...'.A =�v; YVtr:1 TCLEPH'UisE283 CITY nl KENAI OACKCROUND AND PERSONAL DATA - CAtXIDA T ES FOR Ar PUIN T H1 NT TO COMMITtEES AND COM14ISSIONS NAME S=- V+ L-,�►t-J 1�_ -- Reaideiit of City of Kenai? Apff4p5dow long' 7 �Z 17-5 Mailing Addraae� ` 7,o lei. - - — 8ua. Addraas "611 T a Presently employed t,y--+:a�.�SJ. -- Job Title za(�-- Name of Spouae� Current membership in organizations s �[. t_.t i S"C:1, Y �/c vLv►-11 _r rry a A,- i is Peat orgenixetional memo arshipi ;ammitteea inLerestad ins ignat _p 6�7891p+r a A 1990cp � c'' GTYL, CITY�F� ZZEZ �1noCn� CbTrrn 'ory g�J.A CAilar R r.qf K(inflI, Mara A 5p911 Ya"Arthe''.A ifIoi) 21v3 *r0 UAN " 0 C oft L (405) VAX WNCIIINZ 9Q 7 ; 2Z3-^ 7 s90 i�Ar it C, PL-CASE DELIVER this illfat *ti.nn ta: DAME :.S6A=t I--©pe-F= LOCnxzoo: �`� �►1 �'�-� Gr At the x equest of I �--�•fi7rlJEt� �.-A�J�JFi.� (Sender's name) If you did,r't; receive -- pages including this cover chset please call (907) 203-7505 and ask for (rAx operator Name) .�.,�, S2;a.►:�cs��EJ �at� W `�t.'�L. 'T,bLc>t-t A �� t `77 Gq CM 4 13!� G: E.1 t L �,11„ � t� J �C�Zt;� .►G� u' �� � �` t R-3bw(�� 4vQ U4 CITY OF r%cnHi ♦ `tJ d Capdai4iad� r i 210 F10ALOO KENAI, ALASKA 99511 TELEPHONE 2as - 7Q35 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 112 Wooded Clen court Tel. 283-5665 Presently employed by" Self -Employed' Job Title Real Estate Brbker (on year sabbatical) Name of Spouse � Cindy 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. National Association of REALTORS Committees interested in: Airport Commission, Economic Commis lopment Commission, Planning & gne/ture 1 CITY OF K! 1110d Cap-4W 4 44u"10, CITY OF KENAI 210 FiDALAO KENA J LASKA l8611 A4 O C' v l:� C3 Q'E h7 �'7 �• b 1 V BACKGROUND AND PERSONAL DATA - CANDIDATES FOR APPOI NT TO COMMITTEES AND COMMISSIONS NAME Timothy D. Harbaugh Resident of City of Kenai? Yes How long? Since 1979 Mailing Address Box 4627, Kenai, Alaska Tel. 283-5306 Bus. Address Rt. 1 Box 323, Kenai, Alaska Tel. Presently employed by Atlas Wireline Services Job Title operation Manager Name of Spouse None Current membership in organizations: Elks Moose Past organizational membership: None Committees interested in: Planning and Zoning Sign at e 776-8382 KE NA = SEAU T TIP 2 CAT Taw COMM = T TE E January 9, 1990 Kenai City Hall Council Chambers Chairman Tim Wisniewski 1. ROLL CALL Present: Wisniewski, Hakkinen, Jackson, Sparks, McComsey Absent: Selby, Sheldon (excused) a. Election of Chairman MOTION: Committee Member Jackson nominates Gerry Sparks, seconded by Committee Member Hakkinen The nomination was accepted VOTE: Motion passed unanimously b. Election of Vice Chair MOTION: Committee Member Sparks nominates Committee Member McComsey, seconded by Committee Member Jackson The nomination was accepted VOTE: Motion passed unanimously Chairman Wisniewski relinquished the Chair to Mrs. Sparks 2. PERSONS PRESENT SCHEDULED TO BE HEARD None 3. APPROVAL OF AGENDA Agenda approved as submitted 4. APPROVAL OF THE MINUTES OF November 21, 1989 Minutes were approved as written KENAI BEAUTIFICATION COMMITTEE January 9, 1990 Page 2 5. OLD BUSINESS a. Welcome to Kenai Sign on Sterling Highway Mayor Williams joined the meeting and indicated that Mr. Fred Braun, representing the Kenai Bicentennial Visitors & Convention Bureau, had been working on selecting the site and had three sites in mind. Mayor Williams directed that Mr. Braun be contacted to attend the nest meeting. Depending upon the information received, the secretary is instructed to contact Mr. Sherman and Polar Screens for a price for inclusion in the 1990/91 budget. Mayor Williams estimated that signs to be $3,000 each and asked that preliminary drawings be prepared for a future date. Mayor Williams discussed some of the major projects the City is undertaking and asked that the members attend the Council meeting of February 7th when the boat launch will be discussed. The Committee set Tuesday, January 23, 1990, 1:30 P.M. as the next meeting date to discuss the budget and meet with Mr. Braun. b. Summer Parks Projects (Jointly with P&R) Chairman Sparks and Vice Chair McComsey will meet with the Parks & Recreation Commission at their next meeting, Tuesday, January 16th. The two groups will discuss any park improvement ideas at that time. It was agreed that until the land title was decided, no major improvements would be made. The 1987-88 goals & objectives had laid out only maintenance items. It was noted that the trash problem had diminished, however, Director McGillivray pointed out that the Borough landfill will be closing this spring creating a large problem. It will mean trash will have to be hauled to Soldotna at a higher cost and probably will be picked up less often. There are currently over 50 barrels being maintained during the summer months. It was suggested that Peninsula Sanitation could haul the trash. Director McGillivray explained that they require we rent the containers from them which would be a significant increase in cost, even if we hauled our own trash to Soldotna. A transfer site maybe opened in Kenai at the old site, however, it may or may not handle the high volume created during the summer. This will be considered again at the next meeting. 6. NEW BUSINESS a. Budget The Committee discussed the various inclusions into the new budget including the suggested signs, banners, flag poles, and sidewalks in the Memorial Park. Additional Christmas decorations which would continue from the Diary Queen down to the last pole on the Spur was discussed, plus a storage unit for all parks equipment. The Committee again discussed the cost of putting up and removing any decorations plus the cost of any repairs or maintenance to existing equipment and the anticipated additions. Committee Member McComsey KENAI BEAUTIFICATION COMMITTEE January 9, 1990 Page 3 reminded the group that it was mentioned at one of the Council meetings that a truck was available in Soldotna and that the Public Works Director was asked to look into it, if it ran and was in good shape and worth the price, etc. MOTION: Committee Member McComsey moved to recommend the City Council move ahead with the purchase of a boom or bucket truck, seconded by Committee Member Jackson. VOTE: Motion passed unanimously Additional figures and a preliminary budget will be available for the next meeting. b. Elect or Appoint Representative for Parks & Rec Commission Taken care of under item 5-a. 7. COMMITTEE COMMENTS & QUESTIONS None 8. ADJOURNMENT There being no further business, the meeting adjourned at 3:20 P.M. Janet A. Loper Secretary to the Committee January 16, 1990 City of Kenai Kenai City Council 210 Fidalgo Kenai, Alaska 99611 Subject: Lot 2, Block 2 - Sungate Subdivision Utility Easement - Encroachment or Vacation Please refer to our recent letter to the Planning Commission protesting the encroachment or vacation of the utility easement serving Lot 2, Block 2 and our lots Lot 1, Block 2, Lot 4 Block 2, and our homestead acreage adjoining these two lots. We think it is unfair for these pieces of property to be deprived of this utility easement just because the owner on Lot 2, Block 2, built the carpentry shop without a building permit and built it into the utility easement. This utility easement already contains telephone, Cable for television, and HEA electrical services. We believe that before the property now owned by the Housing and Urban Development is sold the building used as a garage and carpentry shop should be removed from the ten foot utility easement. Thank you for your attention in this matter. Submitted by: 04��U�Z' OA . 5Y Op� t ic A. Poore Virginia A. Poore 4300 Eagle Rock Drive Kenai, Alaska 99611 f CO a sop January 8, 1990 City of Kenai Planning Commission 210 Fidalgo Kenai, Alaska 99611 Attention: Janet Loper This is in response to the certified letter received last week pertaining to an encroachment into the utility easement behind Lot 2, Block 2, Sungate Subdivision. We own Lot 1, Block 2, Lot 4, Block 2, of this subdivision as well as Homestead Lots 6 and 7 at the end of Eagle Rock Drive. We thereby protest this encroachment into the utility easement. This easement is necessary for service to the above mentioned lots as well as for service to the part of the homestead that is not directly accessible to Eagle Rock Drive. We think it is unfair for these pieces of property,to be deprived of this utility easement. As we understand it, the garage - originally built as a garage, but later added onto and converted into a carpenter shop - as mentioned in the Public Hearing Notice, was built into the easement without a building permit and was not built according to City standards by previous owners. The addition contained a plywood floor with no permanent foundation. Thank you for your attention in this matter. Submitted by: Herridk A. Poore Virginia A. Poore 4300 Eagle Rock Drive Kenai, Alaska 996111 9mteaeft Sweveyj CLIFF BAKER, RLS 130 TRADING BAY RD. SUITE 300 KENAI, ALASKA 99611 PHONE 283-3652 January 12, 1990 Kenai City Council 210 Fidalgo Street Kenai, AK 99611 Re: Lot 2, Block 2, Sungate Subdivision (Plat 1694 KRD) Vacating five feet of ten feet Utility Easement Dear Council: The owner and petitioner, Housing and Urban Developement (HUD), of the above referenced property is requesting reconsideration of the vacation requested. This vacation was vetoed by the Council January 3, 1990. The petitioner would like the Council to add the reconsideration of thier prior action to their regular meeting January 17, 1990. Should you have any questions, please feel free to call William Fattic, Senior Realty Specialist, for HUD at 271-4342 in Anchorage. 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O d 0U0yG� U 6w. y E H CHJ « Y G N H H U to d 0 4 W 4 Z W w cr 8 4> i' d :4 t d O 04 9 •3 Suggested by: Administration CITY OF KENAI ORDINANCE NO. 1352-90 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, FINDING THAT LOT 6, BLOCK 4, FIDALGO COMMERCIAL CENTER, CITY -OWNED AIRPORT LANDS, I3 NOT*RSQUIRED FOR PUBLIC USE. WHEREAS, KMC 22.010 states "Disposal or sale of lands shall be made only when, in the judgment of the City Council, such lands are not required for a public purpose.", and WHEREAS, the City Administration has received a request asking that the referenced property be made available for sale by competitive bid, and WHEREAS, it is the recommendation of the City Administration, the Planning and Zoning Commission and the Parks and Recreation Commission that the property be made available for sale. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that Lot 6, Block 4, Fidalgo Commercial Center, City -owned Airport Lands, is not required for public use. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of February, 1990. ATTEST: Janet Ruotsala, City Clerk JOHN J. WILLIAMS, MAYOR First Reading: January 17, 1990 Second Reading: February 7, 1990 Effective Date: March 7, 1990 1791- iUl CITY OF KENAI %Od G alad- l t q 44u" " 2" F N.W 0M, Wawa WWI TUN"" 383 - 75U FAX 907-283-3014 MEMORANDUM TO: Mayor John J. Williams and Kenai City Pouncil FROM: Rim Howard, Administrative Assistant 0 DATE: January 11, 1990 Rg: Lot 6, Block !, Fidalgo Cowmercial Center I have received a request asking that the referenced property be made available for sale by competitive bid. Attached is a map depicting the lot. The property was sold in 1981 to Peninsula Savings and Loan. The City foreclosed and received the property back in January of 1988. KMC 22.010 states "Disposal or sale of lands shall be made only when, in the judgment of the City Council, such lands are not required for a public purpose." I have been unable to find any documentation that the Council determined the property is not required for a public purpose. It is the recommendation of the City Administration and the Planning and Zoning Commission that the property be made available for sale. I have asked for the recommendation of the Parks and Recreation Commission which will meet on January 16. If the City Council passes Ordinance No. 1352-90, I will proceed with the sale. I am proceeding with the technical aspects of the sale prior to the effective date of the ordinance. The actual sale date will be after the effective date. Suggested by: City Council City of Kenai ORDINANCE NO. 1353-90 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $440,000 IN A NEW CAPITAL PROJECT FUND ENTITLED "SENIOR CENTER DINING ROOM EXPANSION". WHEREAS, as a result of increased participation in the congregate meal program, the Kenai City Council desires to expand the dining area at the Kenai Senior Citizens Center, and WHEREAS, monies are available in the General Fund Reserve for Capital Improvements. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: Appropriation of Capital Improvement Reserve Increase Appropriations: Non -Departmental - Transfers Senior Center Dining Room Expansion Increase Estimated Revenues: Transfer from General Fund Increase Appropriations: Administration Design Inspection Construction TOTAL 1 $440,000 $440,000 $440,000 $ 1,860 35,000 9,600 393,540 440 0 0 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of February, 1990. ATTEST: Janet Ruotsala, City Clerk Approved by Finance: (1/12/90) jal 2 JOHN J. WILLIAMS, MAYOR First Reading: January 17, 1990 Second Reading: February 7, 1990 Effective Date: February 7, 1990 KLUMN & ASGQCIATES „..N30 Tredkm Way. suits. 330 .arum /►hm" 80411 January 11, 1990 Keith Kornelis, City of Kenai 210 Fidalgo Kenai, AK 99611 N e- i Public Works Director Re: KENAI SENIOR CENTER ADDITION Dear Mr. Kornelis, As requested, we have prepared a budget below for the referenced project. The budget reflects modifications to the October 18, 1988 schematic we discussed. As I pointed out in our conversation, we recently had a final estimate prepared off contract documents for the Soldotna Senior Center. This estimate was prepared by a professional estimator and leads us to anticipate a $130/per square foot cost for the Kenai Senior Center Addition. Our estimated construction budget breaks down as follows: 2758 square feet @ $130/sq.ft. $358,540 10% contingency 35,000 subtotal $393,540 ✓ Architectural/Engineering Design Fees 35,000v/ Total Estimated Construction Budget $428,540 If you have any questions or need more information, feel free to con- tact us. lwso rwoq Tlo Aj Sincerely, KLUGE & ASSOCIATES A00 /ALS�IGrr •N �D,) 00 t Bill Kl e, Architect BK/tp /O-re ��� ST co H-6 Suggested by: Airport Commission City of Kenai ORDINANCE NO. 1354-90 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $5,400 IN THE AIRPORT TERMINAL FUND TO CONSTRUCT A DISPLAY CASE FOR THE STEELHEAD PLATFORM MODEL. WHEREAS, Marathon Oil Company has donated a model of the Steelhead Platform, and WHEREAS, the City desires to display the model in the Airport Terminal building. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: Airport Terminal Increase Estimated Revenues: Appropriation of Retained Earnings $5,400 Increase Appropriations: Airport Terminal - Machinery & Equipment $5,400 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of February, 1990. JOHN J. WILLIAMS, MAYOR ATTEST: Janet Ruotsala, City Clerk First Reading: January 17, 1990 Second Reading: February 7, 1990 Effective Date: February 7, 1990 Approved by Finance: (1/12/90) jal DOORS / WINDOWS UNLIMITED, INC. 3Aa24 K-BEACH ROAn, SURD C • 54LGOTNA, ALASKA 99889 • PHONE 907-262.-91 S 1 • FAX 907-262-"33 December 14, 1989 CITY OF KENAI ATTENTION: Randy Ernst, Airport Manager RE: Display case for "Steelhead" Platform Mode. Gentlemen: Doors/Windows Unlimited, Inc., would be pleased to furnish and install the display c-se referenced above per din►ensions and specifications furnished; including those recommended by Doors/ Windows Unlimited, Inc., and listed below. 1. Self-supporting display case 13`0" x 909" 2. 4" x 1 3/4" aluminum framing to match existing airport architecture 3. 30" bottom and 12" top panels to be oak prefinished to match oak doors and trim existing 4. Case to be installed as flush as possible to existing Robertson ceiling system. 5. Removable panels 6. Totally installed i Total Price: $5400.00 r Allow approximately three weeks delivery. Shop drawing available for approval 10 days after award. This quotation is good for thirty days. Thank you for your consideration. L�L �\ 2 Daniel N. Fu: Vice Preside: DNF' : cmf U-4 1791- IMI CITY OF KE111r%1 210 FlDALGO KENAI, ALASKA 99511 TELff")NE 283.7535 FAX 907-283-3014 MEMORANDUM TO: Mayor John J. Williams and Kenai City gouncil FROM: Kim,Howard, Administrative Assistant DATE: January 12, 1990 FOR: January 17, 1990 City Council Meeting RE: Assignment of Lease - Lot 4, Block 4, Cook Inlet Industrial Air Park Attached are copies of a letter and an Assignment of Lease received from James H. Doyle, President of Weaver Brothers, Inc. and a reference map. The Assignment of Lease is our standard form. It requests the property be transferred from Aaron Sarks, the current lessee, to Weaver Brothers, Inc. Mr. Sarks is current on lease payments. The City Attorney has reviewed the document and recommends the consent to assignment providing that Mr. Doyle sign the attached Unconditional Guaranty of Duties and Obligations Under Assignment of Lease prepared by the Legal Department. It has also been noted that on the Assignment of Lease, it states the lease was recorded April 1, 1967. The correct date is April 20, 1976. Does the City Council consent to this assignment, providing Mr. Doyle sign the Unconditional Guaranty of Duties and Obligations Under Assignment of Lease, and the consent makes note of the date discrepancy? /k cc: Jim Doyle, with attachment of Guaranty 4 5s��9� co c; _� qo C 119 ,9� ' o Ns, fire' ,�g WEAVER BROS., INC. 1611 E. FIRST ST. P.O. BOX 2229 ANCHORAGE, ALASKA 99501 KENAI, ALASKA 99611 TELEPHONE 278-4526 TELEPHONE 283-7957 January 09, 1990 City of Kenai Mr. Bill Brighton, Kenai City Manager 210 Fidalgo Avenue Kenai, Alaska 99611 JAMES H. DOYLE PRESIDENT Dear Mr. Brighton: Please accept this letter as explanation on the application for Assignment of Lease from Aaron Sarks to Weaver Bros., Inc. on Lot 4, Block 4, Cook Inlet Industrial Air Park. Effective December 26, 1989, Weaver Bros., Inc. purchased Hustlers, Inc. including the building on the above described property pending the transfer of Assignment. Thank you for your consideration and assistance in this matter. Yours truly, ?,*;- &?w James H. Doyle, President Weaver Bros., Inc. JHD:fc xc : f ile ASSIGNMENT OF LEASE This assignment, entered into between Aaron Sarks , hereinafter referred to as the Assignor; and Weaver Brothers, Inc. hereinafter referred to as the Assignee. Assignor does hereby assign and transfer all of his interest in the leasehold estate as evidenced by that certain Lease Agreement with the CITY OF KENAI as Lessor, recorded Atari l t , 1967, Book 9A_ at Page a.-14, Kenai Recording District, and covering the following -described property: Lot 4, Block 4, Cook Inlet Industrial Air Park To have and to hold the same from the date hereof, for_and during all of the remainder yet to come of the term of said Lease Agreement. Assignee agrees to comply fully with all the terms and provisions of the Lease, and to hold the Assignor harmless from any liability arising thereunder. IN WITNESS WHEREOF, the said Assignor has hereunto set his hand and seal this day of 19&. ASSIGNOR: By: Aaron Sarks Name,,;," L Title ASSIGNEE: By: Weaver Brothers, Inc. J.H. Doyle Name ,/ e Pres di ent f I+. Title STATE OF Af*ft6k ) j e-avivey ors t'L/%RK ) ss rj1 ) t1to THIS IS TO CERTIFY that on this day of v !� *q*& . N SRR.M 5 , Title, of W;Z'q 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 behal o aid Corpor ti NOTARY PUBUIC, STATE OF ?WVA0A County of dVk Notary Public for Ale WICLIAMC. BIWITHAUPT My Commission Expires: ' Mi ApOa AMA EW"380" W"Mt STATE OF ALASKA ) )ss THIRD JUDICIAL DISTRICT ) 1990 THIS IS TO CERTIFY that on this � day of -J-i UZma v, �9$$-, �: s _ ,0Dy1-r 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. Notary 4ubfic for Alaska, My Commission Expires: -'v4C -4, TRACT A BARON PARK 04 Timothy J. Ragm City Attorney CITY OF KENAI 210 Fldalgo Kenai, Alaska 99611 283-3441 FAX 283 3014 UNCONDIT ONAL GUARANTY OF DUTIES AND OBLIGATIONS UNDER ASSIGNMENT OF LEASE JAMES H. DOYLE of P.O. Box 582, Kenai, Alaska, 99611 (hereinafter referred to as "Guarantor") , in order to induce the City of Kenai to consent to the assignment of that certain Lease Agreement dated April 1, 1967 �rded on April 20, 1976 at Book 94 at Page 334, Kenai Recording trict, from AARON SARKS tc WEAVER BROTHERS, INC., does hereby unconditionally guaranty and promise to pay and perform all obligations and responsibilities required of WEAVER BROTHERS, INC., under the Assignment of Lease, without limitation. This is an unconditional guaranty of every dollar of lease payments and of everyone of the obligations incurred by WEAVER BROTHERS, INC. as a result of the Assignment of Lease, whether said indebtedness or obligations be direct o- contingent to WEAVER BROTHERS, INC., and this Guaranty is specifically agreed to be independent of the obligations and in addition to the obligations incurred by WEAVER BROTHERS, INC. as a result of the Assignment of Le" ''ar said indebtedness or obligations be direct or contingent toER BROTHERS, INC., and this Guaranty is specifically agreed to be independent of the obligations and in addition to the obligations incurred by WEAVER BROTHERS, INC. in the Assignment of Lease. PAGE 1 OF 2 - UNCONDITIONAL GUARANTY OF DUTIES AND OBLIGATIONS UNDER ASSIGNMENT OF LEASE 0 Guarantor: City: r, Timothy J. Rogers City Attorney CITY OF KENAI 210 Fldalgo Kenai, Alaska 99611 283 3441 cev IAI role Guarantor waives any right he may have to require the City of Kenai to proceed against WEAVER BROTHERS, INC. for collection, or to pursue any other remedy*4)§-0 WEAVER BROTHERS, INC. whatsoever. Guarantor agrees to pay a reasonable attorney's fee and all other costs and expenses which may be incurred by the City of Kenai in the enforcement of any of the terms and conditions set forth in this Guaranty. This Guaranty shall be governed by and construed in accordance with the laws of the State of Alaska. DATED: This day of January, 1990. GUARANTOR: JAMES H. DOYLE STATE OF ALASKA ) ) ss: THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that 4,. his day of January, 1990, before me, the undersigned N lic in and for the State of Alaska, duly commissioned and s sonally appeared JAMES H. DOYLE, to me known to be the perso cribed in and who executed the foregoing, and he acknowledged to me that he executed the same as his free and voluntary act and deed, for the uses and purposes therein mentioned.' WITNESS my hand and official notarial seal on the day, month,) and year in this certificate first hereinabove written. Notary Public in and for Alaska. My Commission Expires: PAGE 2 OF 2 - UNCONDITIONAL GUARANTY OF DUTIES AND OBLIGATIONS UNDER ASSIGNMENT OF LEASE Guarantor: City: y-7 1791-1991 CITY OF KENAI „ad ed,eaW 4 44,a4a . 210 FIOALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907-283.3014 MEMORANDUM TO: Mayor John J. Williams and Kenai City Council FROM: Kim Howard, Administrative Assistant �(? DATE: January 11, 1990 RS: Lots 10 & 11, Aleyeska Subdivision (Former Post Office) Lease Amendments On November 1, 1989, the City Council approved lease assignments for the referenced properties to Jose and C. Marie Ramos. The leases state the premises are to be used for a warehouse and office space for Lot 10, and a warehouse for Lot 11. The City has received a request asking that the leases be amended so the premises can be used for a restaurant and lounge. KMC 21.15.070 states "No lease may be modified orally or in any manner other than by an agreement in writing, signed by all parties in interest or their successors in interest. Any such modification shall require Council approval." On January 10, 1990, the Planning and Zoning Commission recommended the leases be amended to permit the operation of a restaurant and lounge. If the City Council approves of this modification, amendments will be executed. /kh 1791- IMI CITY OF KENA1 "'Od eapdai 4 4� „ 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907-283-3014 TO: Keith Kornelis, P.W. Director FROM: Jack La Shot, City Engineer,.r� DATE: January 10, 1990 SUBJECT: Willow Street Extension Project Mayor Williams has requested a cost comparison to construct Willow Street with a straight northerly alignment to Marathon Road versus using the old maintenance road as originally planned. The following costs are anticipated for each plan: Original Northerly Alignment Alignment 1450 LF 2500 LF Construction $ 85,825 $172,760 Engineering (in-house) 21000 21000 Surveying 5,000 6,500 Contingency (10%) 9,283 18,127 Total $102,108 $199,387 TOTAL APPROPRIATED $105,000 The higher per foot costs for the northerly alignment are primarily due to additional clearing, seeding, and fence relocation necessary. The north alignment has the advantage of not having to relocate a FAA communications cable and consistency with the Airport Layout Plan. On the other hand, the higher costs would require more funds to be appropriated. Also, we have completed preliminary plans, had a field survey done, calculated quantities, and submitted the Corps of Engineers permit application based on the original plan. Most of this work would have to be redone. N2 r AL /6mzwr ORIGINAL AL/6NHrNr VICINITY MAP Nor r0 . cc. .F N-9a 1791-1891 CITY OF KEI.MI %od ea� 210 FIOALGO KENAI, ALASKA "e11 TELEPHONE 293 - 7535 FAX 907-283.3014 MEMO RAND UM TO: Mayor Williams and Council Members FROM: Vice Chairman Knopper and Airport Commissioners DATE: January 12, 1990 RE: Proposal from Red Goodwin, "Keen'Eye Productions" The Airport Commission met and reviewed the referenced proposal on Thursday, January 11, 1990. It was the unanimous decision of the Commission to recommend that "it is a good idea and to proceed with drafting the necessary paperwork." //•96 1791-18t9 CITY OF KENAI %%Od Cap" 4 4"'r TELEPHONE S-75M FAX 907-283-3014 MEMORANI:)UM TO: Mayor Williams and Council Members FROM: Vice Chairman Knopper and Airport Commissioners Janet Loper, Secretary DATE: January 12, 1990 RE: Competitive Bids for Construction of Display Case for the Steelhead Platform Model --------------------------------------------- --------------------------------------------- On Thursday, January 11, 1990, the Airport Commission reviewed and unanimously agreed to recommend the low bidder, Doors/Windows Unlimited, Inc. 1791- IMI CITY OF KENAI \_1 „Oil 62aland4ad 4 4ioiz „ 210 PW^= KENO, AL MO qMi TELSPHONEUS.MS FAX 9107-283.3014 TO: William J. Brighton, City Manager FROM: Keith Kornelis, Public Works Director JK2 DATE: January 12, 1990 SUBJECT: Rom cost estimates for projects FOR: ty Cguncil mgetina of January 17, 1990 I. SENIOR OITIZEIN8 CZV= ADDITION Administration $ 1,860 A/E Design 35,000 A/S Inspection (4 mo.) 9,600 Construction (w/cont.) 393,540 TOTAL PROJECT $ 440,000 I I . SQ1TAAkk CONTSOL, CENTER Administration $ 1,200 A/E Design 17,000 A/E Inspection 4,800 Construction (w/cont.) 190,000 TOTAL PROJECT $ 213,000 Art McComsey has drawings of one built in Anchorage which cost them $210,000. He thinks we can cut back to $170 - 180,000 which with contingency is say $190,000. III. PA!i1ILI: R OR PARK SHELTER Administration $ 1,000 A/E Design (in-house) -0- A/E Inlspection (in-house) -0- Construction (w/cont.) 91000 TOTAL PROJECT $ 10,000 This estimate is for one 20 ft. x 20 ft. shelter, with steel roof, 4" concrete slab, and sand tubes at columns. A DIVISION OF W. H. PORTER, INC. Holland, MI 49423 park shelters and enclosed buildings HEX 36 - HEX 44 - Anqola, Indiana REC 30 x 26 - Riabv, Idaho H-l1 a Return the white copy of pages t and 2 to: Alaska Department of Commerce and Economic Development Division of Occupational Licensing P.O. eon D-UC insau, AK 90811.00M telain yellow copy for your records Games of Chance and Contests of Skill PERIMMINAPPLICATION AS 06.15.020 and 15 AAiC 105.100(a) Please read the instructions before completing this application. All sesWWm of the applilcation nwat be completed 1. NAME OF ORGANIZATION 81910 5. ESTlti XMD ffDO ©ROSi RECEIPTS �RZ \ A v \ = 30,000 Mailing Address ti ' - j, GA. RENEWAL APPLICATION 210 Fidalgo Street `' ok Ie�- `' ' 1989 ��miRN °"mbe' 89-0266 Year 1989 r r: Attach the following required items: City, State, Zip Code LP Z1-%s F�(.� ❑ Current Alaska membership list (must have at least 25 members) Kenai Alaska 99611 ❑Copy of amendments to articles of Incorporation and bylaws, If any; Include copy of amendment/certificate of 2. TYPE OF ORGANIZATION 3. TYPES OF GAMES, List by com• Check one box. For definitions mon name if other than those incorporation/reinstatement. see AS 05.15.210 and 15 AAC listed. See AS 05.15.210 and 105.110: 105.010.460. 105.160. 68. NEW APPLICATION Number of years organization has been In existence in Alaska: ❑ a. Charitable lea. Bingo NOTE: Bingo games must not be held more Attach the following: El b. Civic or Service than 9 occasions in a ❑ c. Dog Mushers' Association calendar month with no ve Current Alaska membershiplist must haat least 25 members) J d. Educational more than 35 games per ❑ Certified true copy of articles or incorporation, and ❑ e. Fishing Derby Association session or series of games. copy of bylaws and national and state charters ❑ f. Fraternal b. Raffles & Lotteries ❑ Copy of IRS certificate or letter or tax exemption issued ❑ g. Labor 1 c. Pull Tabs to nonprofit organizations, If applicable h. Municipality ❑ d. Ice Classics ❑ Documentation showing organization has been in ❑ i. Nonprofit Trade ❑ e. Do Mushers' Contests 9 existence in Alaska three years or more (e.g. bank statements, correspondence to the organization, receipts Association ❑ f. Fish Derbies for services rendered or supplied, etc.) �D J. Outboard Motor ❑ g. Rain Classics Name and Mailing Address of National Organization (If applicable): Association ❑ h. Mercury Classics ❑ k. Police or Fire Department ❑ i. Goose Classic and Company Cl j. Salmon Classic 7A. ACTUAL 1859 GROSS RECEIPTS S -3I. Political ❑ k. Contests of Skill 7B. FEE. Check the appropriate box and enclose the correct amount. m. Religious ❑ 1. Marksmanship ❑ n. Veterans Rifle, Archery or Pistol ❑ 2. Races If gross receipts from all Then the 1989 gaming activities were: Permit Fee is: 4. ORGANIZED AS: ❑ Corporation ❑ 3. Track and Field Events .... $20.00 ❑ S0419,999; or if you are a New Applicant .............. X3 Public ❑ Private at S20,000499,999 ...................... $50.00 ❑ Partnership ❑ Association ❑ $100,000 or more ................................... $100.00 5. LOCAL OFFICERS (must be current, bona fide members in good standing) NAME TITLE SOCIAL SECURITY NO. DAYTIME TELEPHONE NO. W_-M. J. Brighton City Manager 907-283-7530 Charles Brown Finace Director 907-283-7538 FOR DEPARTMENT OF COMNOtCE O ECONOMIC DEWUWMENT USE ONLY Deb of Itimelpt Stamp rmit Number. Date of Issue: Quarterly Reports Filed ❑ 1 Financial Statement: ❑ Yes 1% Fee ❑ Yes ❑ No ❑ 2 ❑ 3 ❑ 4 ❑ No ❑ New 08.4039 (Revised 11/89) NOTICE: GAMING ACTIVITIES MAY NOT BE CONDUCTED UNTIL THE PERMIT IS ISSUED (1) 9. DEDICATION OF NET PROCEEDS. Before a Permit con be granted, the organization must plan to use the net proceeds from gaming activities for the &war- ding of prize*, oW for political, education, civic, publko, oh*4taliK pakrkptlic or religious used in Alaska. (Sae instructions for specific rules on how proceeds care sad canmot be spent.) In the space below, tell how your organization plans to use the net proceeds from the gaming activities. Be specific All proceeds will be directored towards the operations and programs of the senior citizens center in the following areas: 1. Transportation 2. Meals on Wheels program 3. Congregate Meals program 4. Recreation t'#� 10. PERSON IN CHARGEOF Ifi.'IxiV"Ala d'tAlrta fide and active member of the qualified organization, or an employee of the municipality. This person Is responsible for maintaining the records and preparing all the required reports. An alternate member must be designated as the responsible person during the abesnoe of the naerrlber In chairge. If more than *no alkemate is to be designated, attach a separate sheet and provide the required Information asked for on this page for each. It any primary or alternates meinbor In charge changes during the cebridar year, you ass required to notify the Department of the now per"s1. A. PRIMARY B. ALTERNATE Nano DayNers 'Msphene No. None DayWre Teleo— No. Patricia Porter 283-4156 Lynn Kocinski 283-4156 mallirp Addraaa BMW SOW Nty Ns Malang AdarMa aee161 Seawlty Na 361 Senior Court 574-16-261 361 Senior Court 469-70-705 City, Sim*, Zip Code TWO citt, Stale, ZIP coo TNIo Kenai, Alaska 99611 Director Kenai, Alaska 99611 Assistant 11. LOCATION OF ACTIVITIES. Specify where the games will be conducted, including the drawing of raffle tickets. If this location changes, you must notify troth the Department of Commerce and Economic Development and the local government within 10 days. (For more than one location, attach a separate sheet.) Name and Street Address of Premises Daytime Telephone No. of Premises 361 Senior Court 283-4156 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 Commerce and Economic Development at least 15 days before activities commence. You may contract with only one operator for each type of gaming activity. The member who has been designated above as the person In charge of the games is responsible for monitoring the operator's performance. Name of Operator Copy of Contract with Operator: ❑ Is Attached ❑ Will be sent by certified mail no later than 15 days before the none activities are conducted. 13. THESE QUESTIONS MUST BE ANSWERED. YES NO ❑ 1 A. Has any person listed in 10 or 12 above ever been convicted of, or on parole for a felony within the preceding five years? ❑ (12<i 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? ❑ IX C. Will any person listed In 10 or 12 above receive compensation of any kind from the receipts of the gaming activities? If yes, explain. 14. SIGNATURE. This application must be signed by the primary person in charge of games listed In 10A above. CAUTION: A photocopied signature will not be accepted. Make sure that the original signed application is filed with the Department of Commerce and Economic Development. Submit a copy of the board resolution or minutes of meetings giving authority to the primary member In charge to sign the application on behalf of the organization. I declare under penalty of unsworn falsification that I have examined this application, Including any attachment, and that to the best of my knowledge and belief It Is true and complete. I understand that any false statement made on this application Is punishable by law. I further declare that two copies of this application be" been delivered to the nearest city or borough office for review. Sig It Printed Name Date • Patricia Porter 1/4/89 proposed gaming alNiRESP Proof of filing CA ION. submit two copies of this application to the city or borough nearest to the location of the 15. CITY se BOROUGH & RESPONSE of APP t accompany You this eppnootlon. laces Instructions. lb speed prooeMMlg,11 1 have Ehe appropriate kcal govern- ment official indicate, by signature below, the community'Is approval of or objection to the por". CAUTION: If this sertfon Is reef completed, the processing will be delayed 15 days to allow the city or borough time to respond to this application. THIS APPLICATION HAS LOCAL GOVERNMENT APPROVAL: ❑ Yes ❑ No (Attach explanation of objection) Signature of Local Government Official Time Date Printed Name of Person Who signed Telephone No. NOTICE: ANY FALSE STATEMENT MADE ON THIS APPLICATION IS PUNISHABLE BY LAW. 08-4039 (2) Return the white copy of pope 1 and 2 to: Alaska DaWment of Commerce and Economic Development Division of Occoational Licensing Ra fees *AM M ° Juneau, AK IM114 M Main yellow aopy for your records Games of Chants and Contests of er ITAPPW S Als c z ar ow is me IMIM Please read the instructions before completing All $soft** of the film WAM be 1. NAME OF ORGANIZATM Kenai Bicentennial Visitors & Convention Bureau, Inc. Molting Address Post Office Box 1991 _Kenai, Alaska 99611 City, Stsh% Zip Code Kenai, Alaska 99611 2. TYPE OF ORGANIZ11710N Check one box. For defktkions see AS 05.15.210 and 15 AAC 105.010: 60. ❑ a. Charitable (X b. Civic or Service ❑ c. Dog Mushers' Association ❑ d . Educational ❑ e. Fishing Derby Association ❑ f. Fraternal ❑ g . Labor ❑ h. Municipality ❑ 1. Nonprofit Trade Association 7 1. Outboard Motor Association ❑ k. Police or Fire Department and Company ❑ 1. Political ❑ m.Religious ❑ n . Veterans 4. ORGANIZED AS: IjL Corporation ❑ Public ❑ Private ❑ Partnership ❑ Association 3. TYPES OF GAMER List by com- mon name If other than those listed. See AS 05.15.210 and 105110: 105.160. Us. Bingo NOTE: Bingo games must not be held more than 9 occasions In a calendar month with no more than 35 games per session or series of games. XK b. Raffles i1, Lotteries XK c. Pull Tabs O d. Ice Classics ❑ e. Dog Mushers' Contests ❑ f. Fish Derbies ❑ g. Rain Classics O h. Mercury Classics ❑ I. Goose Classic O J. Salmon Classic ❑ k. Contests of Skill ❑ 1. Marksmanship Rifle, Archery or Pistol ❑ 2. Races ❑ 3. Track and Field Events I. LOCAL OFFICERS (must be current, bona fide members in good standing) NAME TITLE S. !lrtMIME0 no 1 50.000.00 �21 GA. RENEWAL APPLICATION PMosttitRecent 89-0072 Ye ared: 1989 Attach the following required items: 11 Curient Alaska membership list (must have at least 25 members) ❑ Copy of amendments to articles of Incorporation and bylaws, If any; lrtcitrde copy of amendmenUcertificate of ineofporotlon/roMstatement. 60. NEW APPLICATION Number of years organization has been in existence in Alaska: 6g . Attach the following: O Current Alaska membership list (must have at least 25 members) ❑ COAMed true copy of articles or Incorporation, and copy of bylaws and national and state charters ❑ Copy of IRIS certificate or letter or tax exemption Issued to nonprofit organizations, If applicable ❑ Documentation showing organization has been In extetenoe In Alaska three years or more (ag. bank statements, correspondence to the organization, receipts for servk»s rendered or supplied, etc.) Name and Mailing Address of National Organization (if applicable): 17A. ACTUAL 1969 GROSS RECEIPTS s 48, 427.85 1 7 B. FEE Check the appropriate box and enclose the correct amount. If gross receipts from all Then the 1909 gaming activities were: Permit Fee Is: ❑ 50419,999; or if you are a New Applicant .............. $20.00 E $20,000-$99,999..................................... $50.00 ❑ $100,000 or more ................................... S1o0.00 SOCIAL SECURITY NO. DAYTIME TELEPHONE NO. Robert F. Williams President 574-14-7363 (907) 776-8161 Fred F. Braun Secretary -Treasurer 490-52-8651 (907) 283-4648 Sue C. Carter Executive Director 536-42-6341 (907) 283-1991 R o 60*wMaut OP Cf96111�1ii " "ormit Number. Date of Isaw: Quarterly Reports Filed ❑ 1 Financial Statement: ❑ the 1% Fee ❑ Yes ❑ No MINNOW DVONLORWNT USE OIS,Y Dale of Road" stomp ❑ 2 ❑ 3 ❑ 4 ❑ No ❑ New 08.4039 (Revised III" NOTICE: GAMING ACTIVITIES. MAY NOT of CONDUCTED 011TiL THE PISMO IS ISSUEA (1) f. DEBICMIOM OF NET PROCElEDS. Before a permit can be granted, the organlzstlon must plan to use the net proceeds from gaming activities for the *war- dpnget and for political, education, tank, public, oharfimble, pslMt le or nsHglous uses In Alaska. (See Instructions for specific rules on Crow proceeds r-w osa sill oeMYktY t bs $Wt-) In tits space b'W*. tell how! ~ or9s"I" it piano to tree VW net pmaeds from the gaming activities. Be specific All proceeds from gaming activities will be dedicated for the promotion of Kenai through advertising, printed materials, travel shows, to attract meetings and conventions, ,visitors to the area, as well as prepare for Kenai's upcoming Bicentennial celebration which is scheduled for 1991. 10. PERSON IN CHARGE OF GAMES. This must be a bona fide and active member of the qualified organization, or an employee of the municipality. This person is responsible for maintaining the records and preparing all the required reports An altemalle member swat be designated as the responsible person during the absence of No ntsltilsr In 01109e. H more than ON ahsmNe Is to be IlMigfrsMd, stlaopn a ISPOWW~ aril provide the miuirsd Inle station asked for on this papa for each. If any primary or aitemats member In charge 11 g during Ifte oaNaldM kiarw you we required to notify the Department of the new personls). A. PRIMARY G ALTERNATE Nasty D"Wn 1 "Mas me Nona DaylMas Towpaone No, Sue C. Carter 283-1991 Grace Shook 283-3303 MaNMna address social soeartty Na MaaMp Addr"s go" *scarily Na P. 0. Box 1991 536-42-6341 4289 8gaver City. stall Zip Code Tub Clty, age, Zip Cede Title Kenai, Alaska 99611 JEx. Dir. Kenai, 11. LOCATION OF ACTIVITIES. Specify where the games will be conducted, including the drawing of raffle tickets. If this location changes, you must notify both the Department of Commerce and Economic Development and the local government within 10 days. (For more than one location, attach a separate sheet.) Name and Street Address of Promises Daytime Telephone No. of Premises American Legion Hall - Cook & Main Street - Kenai, Alaska 99611 (907) 283-9922 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 Commerce and Economic Development at least 15 days before activities commence. You may contract with only one operator for each type of gaming activity. The member who has been designated above as the person In charge of the games Is responsible for monitoring the operator's performance. Name of Operator Copy of Contract with Operator: ❑ Is Attached ❑ WIII be sent by certified mail no later than 15 days before the N/A activities are conducted. 13. THESE OUESTIONS MUST BE ANSWEREDL YES NO O IR A. Has any person listed In 10 or 12 above ever been convicted of, or on parole for a felony within the preceding five years? O 5t S. 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? O (4 C. WIII any person listed in 10 or 12 above receive compensation of any kind from the receipts of the gaming activities? If yes, explain. 14. SIGNATURE. This application must be signed by the primary person in charge of games listed In 10A above. CAUTION: A photocopied signature will not be accepted. Make sure that the original signed application is filed with the Department of Commerce and Economic Development. Submit a copy of the board resolution or minutes of meetings giving authority to the primary member In charge to sign the application on behalf of the organization. I declare under penalty of unsworn falsification that I have examined this application, Including any attachment, and that to the best of my knowledge and belief It Is true and complete I understand that any false statement made on this application is punishable by law. I further declare that two copies of this application haw bean dNlvered to the nearest city or borough office for review. Signature /f Printed Name Date SUE C. CARTER 2/8/90 15. CITY OR BOROUGH RESPONSE TO APPLICATION. You nwN subunit two eooisa of this soollestion to the city or harnuah naarset to the Incatinn of IN proposed gaming activities. Proof of filing must accompany this application. SN instructions. To speed pros all. pl d" haw the appropriate local govern- ment official indicate, by signature below, the community's approval of or objection to the permit. CAUTION: It this section Is not completed, the processing will be delayed 15 days to allow the city or borough time to respond to this application. rI ° THIS APPLICATION HAS LOCAL GOVERNMENT APPROVAL: O tires ❑ No (Attach explanation of objection) Signature of Local Government Official Time Date Printed Name of Person Who signed TeNphone No. NOTICE: ANY FALSE ST$ZRUBIT MADE ON THIS APPLICATION 18 PUNISHABLE BY LAW. 08.4039 (2) s 1781-1881 / CITY OF KE..— „Od Cajadai °j 4i „ 210 FIQALQO KENAI, ALASKA 98811 TELEPHONE 283 - 7595 FAX 907.283.3014 January 12, 1990 TO: Public Works Director Kornelis FROM: John J. Williams �," r /QA Mayor two v' Please make available in your budget $2,000 for payment of rental of portable toilets to be located at the mouth of the Kenai River during the upcoming fishing season. The intent would be to place two units at the end of the spit by June 1, 1990 for three months and an additional two units for one month during the month of July midway between the existing rest rooms and the proposed two at the end of the spit. Present cost is $135 per unit for weekly pumping and rental, which comes to $1,485. Consideration for additional pumping should be given. As stated above my proposal of $2,000 covers the cost. Please give this your consideration. JJW:jr cc: Council packet i salmon Enhancement Associates Hatchery Proposal Located an the Kenai River Tide Flats PO Box 3175 Soldotna, Alaska 99669 (907) 262-5559 PROJECT DESCRIPTION Introduction Several factors motivated the four individuals undertaking this project. The most common of these is that all experienced homesteading. The complex feelings of love for a land, commitment to living all ones' life in Alaska, recognition of the need to economically survive as individuals and at the same time contribute to the common good, are pervasive in these motivations. There will be no attempt to circumvent any required permit or review. The Private Non Profit statutes require all funds other than reasonable costs of wages, construction and operation be directed to salmon enhancement needs. This will be done through Cook Inlet Aquaculture. Simply stated, this is a project which would rear and then place pinks, kings, and cohos in the tide flints of the Kenai River. They will all be released in stages of development during which they go directly to sea. The returns are to these tide flats, thus they will not cross or invade any spawning area. One request to the Board of Fisheries will be made. No fishing from boats in Beaver Creek, there is none now. The land on which the project is to be located is a gravel pit.,, A conditional use permit has been issued by the City of Kenai for construction of an RV Park. A provision of that permit was the stocking of the lake with fish. This is an attempt to economically blend past land use with future social, ecological, and recreational needs of the area. Project Location The location is on land used as a gravel pit, location maps are provided. This location is Anglers Resort on the vicinity map. This area was recently (1970's) zoned residential, however, the gravel pit has been operating since the late 1950's. A concrete plant was once located there. It is located in the tide flats, which has significant advantages for a hatchery. An RV Park project has been given approval as a conditional use. A 15+ acre lake is to be stocked with fish. The project will be constructed with the residential land needs in mind. A hatchery as this project is now envisioned would not be significantly intrusive on present land use practices of the area. Every objection to this use will be carefully considered. The project has to be socially viable. Every effort will be made to accomodpte all perspectives. The location allows for minimization of ecological and biological intrusions having detrimental consequences. The location also allows for consideration and utilization of fish rearing practices not economically viable in more remote areas. There is 3 phase electricity and natural gas available at the site. The costs of water recycling, waste disposal, construction, operations and others compared to remote costs, will be less. Arguments against such a project if based on remote location costs will need to be closely examined. Species and Capacity A hatchery permit application will be submitted including requests to hatch pinks, coho and kings. It will include requests to rear to smolts, coho and king fry. Decisions are not firm, but will be near 30 million pinks; 1-3 million coho; and 150-600 thousand kings. Coho will be late run. King will be equally from early run, Quartz Creek or middle of run and late run. King egg take from wild stock each year may be requested. Development Plans Much discussion with with ADFG biologists and other agency and knowlegable persons is needed before final brood source and many other biological and ecological decisions can be made. Pinks are selected for rapid returns allowing gradual low indebtedness development. The basic controlling development strategy is to do slow, careful, acceptable to users, stages with low or no fiscal indebtedness. This project will utilize all the human resources available in this area. The expertise available is impressive and must be surveyed and incorporated into development plans. At this stage development plans are mostly in information gathering. Biological considerations There are many; they will all be carefully addressed. It is hoped that any biological concern anyone has will be voiced. The tide flat location allows formulation of viable answers to many biological questions. It is hoped as this area is discussed there will be much effort given to reasoned comments as contrasted with emotional response. Social considerations This is often called the political arena. We are realistic; SEA Corp board members have their own social concerns like everyone else. Theirs are partially based on a homesteading past. This implies a relatively long residency in Alaska. It also correctly implies, familiarity with the changes in Alaskan social views. We are not newcomers, we are proud of our careful, life-long participation in Alaskan development. Please express your views so they can be incorporated in planning. Our dedication to high social values is evidenced by this publication. It explains what we hope to do before permission to proceed is requested. We want your guidance, don't keep it from us. Most of the benefits from this effort will go to the public. Economic considerations The SEA Corp board envisions a return on their efforts. These are modest wages for employees and directors. The several years of work before returns (IF ANY) is a risk we want to take. Surplus funds or profit will be channeled through Cook inlet Aquaculture or by their suggestions. Because no restrictions to present management plans are requested, there wi 11 be much economic benef i t to al 1 user groups. s rn 1 t V Z V `' iu l',1 1 ' I � i 11� ; ,li 11 1\y I •1 •y I ,l .{ i 1, Il�s{ i •1 � 11 � V 1 g N• !"'1 f g � 1 1 1 � i'� ; I 1 1 .1 i 1 I L\� i l � i 1, 1 1 , r. $ 1 • � '}' �1 � +, 1 � 1 11 !'1' 1 If 1 I `,� II I 1\' i T"1" �, i • t 1 1 F ♦ � { �1.,11.1 • •' 1 { { � 1 •1 ''I i I 1 �` ' � • I I ' + ml � � �11, •1 •'11 1 1 'Y c �1 1 �' i �1 � � �1 ' .I JZ,�,`'• 11, 11,,1:ma!'`l ,' '. , 1 1 11' 1 I•I ,I \1 . 11 I 1 JI 1 11'�' 1 • � r <� 11 1 1 11 � 1 I '+ 1 i 1 1 to 1 11�'' 1 I ,1 1I 1 1 � �� 1 I j•' D, '' 1 ; N 1. zK `'',11, rn 1W.1'V'V'i 11,1 1i��t 1�•_ -. I I�iIV••3m �i� •'1' r'1�1 ��11� , ,11111I' 1�•! I ,' 1 D i � I �, , I 1 v 1\. r, o/•• ` �,It y 'Zjlj +1T^-{[Q' � 'I �11 1, { � I 1 1 1, { ' , i ; t I ' �i �. I 11�...'. I ', � a�; , � { l �� . 'i :111 �r j �j�; � • it , 'I � '•1 � �' ;;{'l l i � j ; , I i 1 11 m VI111 j1��`,{i'"�ii,I'1,1�p XZ;�{1i11 •��r5 p {',It'll, s i Q ' O �• ;� z • I 1 1 i i l' ; I l �: •1'1'',� 11 I I { 1 l••i --Wool 040 s � 1 •� 1`I'll ��1•`,I,1 i ' 1 {i {',11 1�i•� ;'1�; •�1' , t • ---�i �--�" \-•� �I .I ,l ;{ �1 'I •` 1;1 , 'l ,l 1 � oT �` � , 1 1 i 1 '1 •' .` I :l .{ I :l ' ;'•., , � P N �' �R \, � A •; � � {. ► ; ' 11 1 ` e 1 1 1 1 A 1 , ,'1 1 1 1 :11�1 � { ' I • 1 •1 11 1 coug to PV ,M�! �,,,� .� ,• n,_, 1 v zoo rl co 1 � 1 � C`O�..x, O O v..� � 1T�� 1 1' m2 � ' ITT" 1 1 � _ ' Il, ►' s `m 'Ili 1 , I V yS , so, 1 i I 11 r O1 z �Z �D `,� 1�11 y,4 tr .� � i i ` q ,1 1��_'' '1 •• .1 �.{,1 ;1. KES VICINITY ,5CALE: i"- 500i KesNgi C lyr L yM%-c5 Permits and Reviews 1. Hatchery Permit -Department of Fish and Game for use of resources in new ways. 2. CIAA aaaroval-of SEA Corp as PNP participant. 3. MR -Department of Natural Resources -well water permits (future) there is presently a well. 4. DEG -waste disposal. 5. City of Kenai -use of easement, fish passage, observation provisions. 6. Department of Commerce and Economic Development - loans, surplus salmon enhancement equipment, use of other State resources. 7. Regional Planning Team Review. S. Board of Fisheries -no boat fishing in Beaver Creek for safety and esthetics. 9. User Grout) Reviews -subsistence, commercial sport, recreational, educational. ARTICLES OF INCORPORATION The name of the Corporation is Salmon Enhancement Rssociates. II The duration of the Corporation is perpetual. The purpose of the Corporation is to function as a Private Non -Profit Hatchery, Salmon, (Coho-Kings-Pinks) will be hatched and where appropriate reared to smolt stage. The returns shall be available to common property fisheries as determined by the Board of fisheries. lU R11 functions and operations of the Corporation shall be consistent with the State of Riaska Statutes governing Private Non -Profit Hatchery Corporations. U Costs of the operation of the hatchery and the Corporation shall be obtained from sales of the salmon returning to the hatchery as adults. i When there are proceeds from fish sales in excess of the needs of the Corporation such funds will be transferred to Cook Inlet Rquaculture Association, the Regional Corporation for salmon enhancement in the Cook Inlet area. Ril assets of the Corporation on dissolution or final liquidation shall be transferred to Cook Inlet Rquaculture Rssociation. UI There are four (4) members on the Board of Directors. These positions are perpetual. Each Board of Director has equal voting power of one vote on all matters. By -Laws for the Corporation will be adopted and will further define and govern the operations of the Corporation and the Board of Directors. K ARTICLES OF 1 NCORPORAT I ON oil M ws of tho Mori of Meacters des serve as i erpontors. TM!" +, am. or Jack J. Fester PS Bou 494 Sall letMeo SK 262-4i63 Stamm C. Fester 1041 am 383 s - K 99669 262-199 Fieqd E. N el iiwch PS Dow 3175 sehiotne, MIC 99669 M-5559 " L. Fester At. 1 ®ou 1630-1 Kooah K 99611 776-5672 Hill Tho edoss of the r"plstenal office of the Corporation Is: Post Of ke Mon 3175 9" Keptene Drive Sowe"IN DIC VM9 $01111011009 NK 99669 t ) (sicai) ligent: F E. wch, rrosNloet On We of Slr k/ t _,19.Z the arsons b019M o and d U6 :� t o. � � ��! � p�esenc .. MWMMMoath to UW trUM of an 01 i M" $to" of oft" 1791 1"I .raw ; i CITY OF KEN 210 FlOALGO KENAI, ALASKA 99611 TELEPHONE 2d3.7535 FAX 907-283-3014 MEMORANDUM 1 TO: Timothy J. Rogers, City Attorney FROM:4-" ary R. Graves, Legal Assistant DATE:/ January 4, 1990 RE: Kenai Korners Building Pursuant to your instructions this morning, I contacted the Small Business Administration (SBA) and the Municipality of Anchorage Legal Department regarding the Palace Hotel. Richard McVeigh, Assistant Municipal Attorney, indicated that the Legal Department was not responsible for the demolition of the building, although they had been responsible for closing the operations of the Palace Hotel some time ago. Mr. McVeigh was unaware that the SBA had received ownership of the building. I then contacted Chuck Maxson with the SBA. He is the person in charge of the Kenai Korners building. I have spoken to him several times previously regarding the structure. I asked Mr. Maxson why the SBA had elected to demolish the Palace Hotel and not the Kenai Korners building. He stated that he was not aware of why the Palace Hotel had been demolished as it was not under his authority. He then told me he was trying to sell the Kenai Korners building as quickly as possible and that he had sold the portion of the property across the alley which contains the warehouse. Mr. Maxson then stated that in his 22 years with the SBA he had never received as much pressure from a group regarding a building as he had from the City of Kenai regarding the Kenai Korners. He then stated he hoped to have the property sold in about a week or so. I then contacted �r. Maxson's supervisor, Ron Veltkamp, and asked him about the Pal ce Hotel and Kenai Korners. Mr. Veltkamp indicated that they had decided to tear down the Palace Hotel because of the danger to the community and liability problems it presented. He stated that they had to get approval from the central office before they could demolish it. He added that it had cost $115,000 to have it torn down. I informed Mr. Veltkamp that the Kenai Korners presented the same sort of danger to Kenai that the Palace presented to Anchorage. I told him that it was a fire hazard and that its location right next to the adjoining building endangered nearby businesses also. I also told him that the City was very concerned about transients getting in the structure and starting fires. I informed him that our Fire Marshall considered it a dangerous fire hazard. I then informed him that the Kenai City Council was very concerned about the structure. He stated he had received pressure regarding the building. Mr. Veltkamp then tried to assure me that they were doing as much as they could to sell the property. He indicated that if it did not sell soon, they would probably demolish it. He said that would take some time, however, because the project would have to go out to bid. He told me he would keep me informed of any developments regarding the building. CRG/kh TIMothy J. Rog@rs City Attorney CITY OF KENAI 210 Fidalgo Kenai, Aliaka 9%11 283.3u1 FAX ?R7 —, S ool IN THE SUPERIOR COURT FOR THE STATE OF ALASKA THIRD JUDICIAL DISTRICT AT KENAI IN RE: CITY OF KENAI 1988 ) FORECLOSURE OF 1987 DELINQUENT) SPECIAL ASSESSMENTS ) ) Civil Action No. 3KN-88-211 CI. The City of Kenai, by and throw i,ttorney, Timothy J. Rogers, hereby moves this Court to a Clerk of the Court to issue a Tax Deed pursuant to the provisions of AS 29.45.450 for each of the properties unredeemed in this action. This motion is based upon the Affidavit of Carol L. Freas and Memorandum of Law which is filed herewith. DATED: This day of , 1990. CITY OF KENAI By: Timothy J. Rogers City Attorney 1 - MOTION FOR ISSUANCE OF TAX DEED Timothy J. Rog•r• City Attorney CITY OF KENAI 210 Fictalgo Kenai, Alaska 9%1 t 283 3441 IN THE SUPERIOR COURT FOR THE STATE OF ALASKA THIRD JUDICIAL DISTRICT AT KENAI IN RE: CITY OF KENAI ) 1988 FORECLOSURE OF 1987, ) DELINQUENT SPECIAL ASSESSMENTS) CIVIL ACTION NO. 88-211 CI. On October 5, 1988, the Superior Court, Third Judicial District at Kenai, State of Alasi oNpr above -captioned case, pursuant to A.S. 29.45.390 entered an Amended Judgment and Decree of Foreclosure for levy of special assessments in favor of the City I of Kenai. A.S. 29.45.400 provides for a redemption period of at least one year following the transfer of the property to the municipality. At least thirty days prior to the expiration of the redemption period, the City must publish a notice of expiration of redemption period in a newspaper of general circulation. A.S. 29.45.450. The City published the required no iges in the Peninsula Clarion, a newspaper of general circula 641WUNovember 10, 17, 24, and December 1, 1989. As required by A.S. 29.45.440, the City sent individual notices by certified mail to each owner of record and to the known holders of mortgages or other liens of record on the property. 1 - MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR ISSUANCE OF TAX DEED t� Timothy J. Rogers City Attorney CITY OF KENAI 210 Fidalgo Kenai, Alaska 9%11 A.S. 29.45 provides that upon expiration of the redemption period, the unredeemed property shall be deeded to the City by the Clerk of Court. Therefore, having c 'ed with the provisions of A.S. 29.45.450, the City of Kena '�i sts the Clerk of Court to deed the unredeemed property to the City of Kenai. DATED: This day of . 1990. CITY OF KENAI By: Timothy4 �,,Rogers City At`tfi r 2 - MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR ISSUANCE OF TAX DEED 283-3ae1 F A Y - - Timothy J. Rogers City Altorney CITY OF KENAI 210 Fidalgo Kenai. Alaska 99611 283Jd41 FAX 283-3014 IN THE SUPERIOR COURT FOR THE STATE OF ALASKA THIRD JUDICIAL DISTRICT AT KENAI IN RE: CITY OF KENAI ) 1988 FORECLOSURE OF 1987, ) DELINQUENT SPECIAL ASSESSMENTS) CIVIL ACTION NO. 88-211 CI. AFFIDAVIT OF CAROL L. FREAS STATE OF ALASKA } THIRD JUDICIAL DISTRICT ) Carol L. Freas, being first duly sworn on oath, deposes and says: 1. That I am a Legal Secretary, employed by the City of Kenai. 2. That pursuant to A.S. 29.45.440, a Notice of Expiration] of Redemption Period was published in a newspaper of general, circulation within the City of Kenai as attested by the Affidavit of Publication attached hereto and marked as "Exhibit A." 3. That on the 15th day of November 1989, I mailed a copy of said Notice of Expiration of redemption Period by certified mail, return receipt requested, to--6.0h;owner of record and to the iV known holders of liens or mortgages ofthoseproperties which remained unredeemed as of that date, subject to the Judgment and Decree of Foreclosure in this action. 1 - AFFIDAVIT OF CAROL L. FREAS TIhouthy J. Ropsrs City Attorney CITY OF KENAI 210 Fidalgo Kenai, Alaska 9"11 283-3441 FAY - - 4. That the properties listed on the form of deed attached hereto and marked as "Exhibit ain unredeemed from the Judgment and Decree of ForeclosurP4e action and that such properties should be conveyed to the City of Kenai. Carol L. Freas SUBSCRIBED AND SWORN to before me, this day of , 1990 at Kenai, Alaska. Notary Publ,', ,fin and for Alaska. My CommissQ pike : { 2 - AFFIDAVIT OF CAROL L. FREAS PUBLISHER'S AFFIDAVIT UNITED STATES OF AMERICA, SS: STATE OF ALASKA Rose Jones .............................. sworn, on oath deposes and says: That I am and was at all times herein this affidavit mentioned, ...... S u pv of Le g a l Of the peninsula Clarion *a newspaper of general circulation and published at Kenai Alaska, that the ... Notice„of,_Expira,tion of..... Redempt ion, _per,iod„ a printed copy of which is hereto annexed was publish- ed in said paper one each and every..4AWor.. 4.. successive and consecutive.. d aY.in the issues on the following dates: November„ 10, 1 7, 24, & De,vembe_r„ ] , 1989 4ig!E; x. ............................... SUBSCRIBED AND SWORN to before me this...... ....... 12th....... day of .... December..... 10.9 NOTARY PUBLIC in and for the State of Alaska. My Commission expires...... Ma.X.. 4 , .1.. 90 ,• IN TARE 'Supm" coon --- =�-a ar:. Th" � 7? STATE OF AL - IN IRE: ,per �' AT Ka" �.•�; 1 IOU � OF 198r I ' iqr pd 1 xSSESWAW B:49 " fCIVILACTM NQ 811-211 q. 1 �•:: NOTKE OF RATtit ON I� WrNI SRw at6. ON so .- b tobr Court. ft tl dud I enkW*d ae A WmWWwomorM �lexttrted a t♦e,. l Of SPOCWW Nrtp 1h�1WW CRY of lwin . Of ForeckWure � � that Mnended ►ent and i�cree F re e,w G*k ! Abe' ?0,,1 . E ffte �I �� on and foreo'M" coats � an to p�p,�'� *: behest, hdD60be 10.di�11 the OV date of caret h tuA by mpeon Period, a m* Pe to Me todsm0on� hM uld ow saeei !ri the pgp y '� ' t. gW or to It int stet ofper:1 DATED- 7 tli sty � C ��KenaL�� 1 ' City J4ftmoy; vL- 6ei; i`i.24titiml Page► ... � ..... Ex4 ... ..... of ...1...0.... Paget Timothy J, Rogers City Attorney CITY OF KENAI 210 Fioalgo Kenai, Alaska 9%11 283-Jaa1 IN THE SUPERIOR COURT FOR THE STATE OF ALASKA THIRD JUDICIAL DISTRICT AT KENAI IN RE: CITY OF KENAI ) 1988 FORECLOSURE OF 1987, ) DELINQUENT SPECIAL ASSESSMENTS) CIVIL ACTION NO. 88-211 CI. DEED In the matter of the foreclosure of delinquent special assessment liens by the City of Kenai, Alas for 1987 and prior years, proof of publication of Notice of41 V ation of the Period of Redemption in the manner and form for ribed by A.S. 45.440 having been filed, I, Robin Turnbull, Clerk of the Superior Court for the State of Alaska, Third Judicial District, pursuant to the provisions of A.S. 29.45.450, do hereby convey to the City of Kenai, all right, title, and interest in the following described properties: OWNER Andrews, Steven D. Crown Developers, Inc. Crown Developers, Inc. Crown Developers, Inc. Crown Developers, Inc. Crown Developers, Inc. Crown Developers, Inc. Crown Developers, Inc. PARCEL NUMBER AND DESCRIPTION #4303019, Lot 1, Russell SID #3912301, Lot 1, Blk. 6, Mommsen SID No. 1 #3911011, Q 4, Blk. 5, Mommsen SID No. 2 #3911015, Lot'..,.; 6, Mommsen SID No. 2 µ' #3913101, Lot 1, Blk. 5, Mommsen SID No. 1 #3910208, Lot 8, Blk. 9, Mommsen SID No. 2 #3913122, Lot 3, Blk. 2, Mommsen S/D No. 2 #3911009, Lot 2, Blk. 5, Mommsen SID No. 2 r • 1 - DEED :fie ... !.. .. bJ+.... ..... of ....:t...... Pages+ Tlmolhy J. Rogers City AIIOrney CITY OF KENAI "0 FiOalgo ."n, AlaSka 9%11 283-3« 1 Crown Developers, Inc. Crown Developers, Inc. Crown Developers, Inc. Crown Developers, Inc. Crown Developers, Inc. Crown Developers, Inc. Crown Developers, Inc. Crown Developers, Inc. Crown Developers, Inc. Crown Developers, Inc. Crown Developers, Inc. Crown Developers, Inc. Crown Developers, Inc. Crown Developers, Inc. Crown Developers, Inc. Crown Developers, Inc. Crown Developers, Inc. Crown Developers, Inc. Crown Developers, Inc. Crown Developers, Inc. Crown Developers, Inc. Crown Developers, Inc. Crown Developers, Inc. Crown Developers, Inc. Crown Developers, Inc. 2 - DEED #3910109, Lot 2, Blk. 7, Mommsen SID No. 2 #3913113, Lot 5, Blk. 3, Mommsen SID No. 2 #3901018, PDR SEX, Mommsen SID No. 2 #3910111, Lot 4, Blk. 7, Mommsen SID No. 2 #3913123, Lot 2,,. f , Mommsen SID No. 2 #3910211, Lot 11, Blk, 9, Mommsen SID No. 2 #3913121, Lot 4, Blk. 2, Mommsen SID No. 2 #3910226, Lot 12, Blk. 12, Mommsen SID No. 2 #3910301, Lot 1, Blk. 10, Mommsen SID No. 2 #3910303, Lot 3, Blk. 10, Mommsen SID No. 2 #3910305, Lot 5, Blk. 10, Mommsen SID No. 2 #3910309, Lot 9, Blk. 10, Mommsen SID No. 2 #3912102, Lot 2, Blk. 8, Mommsen SID No. 1 #3913114, Lot 4, Blk. 3, Mommsen SID No. 2 #3911012, Lot 5, Blk. 5, Mommsen SID No. 2 #3911014, Lot 7, Blk. 5, Mommsen SID No. 2 #3913112, Lot 6, Blk. 3, Mommsen SID No. 2 #3913124, Lot 1, Blk. 2, Mommsen SID No. 2 #3913118, Lot 1A, Blk. 3, Mommsen SID No. 2 #3913115, lot 3, Blk. 3, Mommsen SID No. 2 #3912201, Lot 1, Blk. 7, Mommsen SID No. 1 #3912205, Lot 1A, Blk. 2, Mommsen SID No. 1 #3912318, Lot 12, Blk. 6, Mommsen SID No. 1 #3910107, Lot 1A, Blk. 7, Mommsen SID No. 2 #3913117, Lot 1, Blk. 3, Mommsen SID No. 2 Page ..."L... 1.61i+... ...... ,.t ..... .. Peq� ,1 r Crown Developers, Inc. #3910110, Lot 3, Blk. 7, Mommsen S/D No. 2 Crown Developers, Inc. #3913119, Lot 6, Blk. 2, Mommsen S/D No. 2 Crown Developers, Inc. #3910112, Lot 5, Blk. 7, Mommsen S/D No. 2 Crown Developers, Inc. #3911010, Lot 3, Blk. 5, Mommsen S/D N , Crown Developers, Inc. t 9, Blk. 9, Mommsen S/D Crown Developers, Inc. No. #3911003, of 3, Blk. 4, Mommsen S/D No. 2 Crown Developers, Inc. #3910223, Lot 9, Blk. 12, Mommsen S/D No. 2 Crown Developers, Inc. #3910224, Lot 10, Blk. 12, Mommsen S/D No. 2 Crown Developers, Inc. #3910225, Lot 11, Blk. 12, Mommsen S/D No. 2 Crown Developers, Inc. #3912101, Lot 1, Blk. 8, Mommsen S/D No. 1 Crown Developers, Inc. #3910227, Lot 13, Blk. 12 Mommsen S/D No. 2 Crown Developers, Inc. #3911016, Lot 1, Blk. 6, Mommsen S/D No. 2 Crown Developers, Inc. #3910302, Lot 2, Blk. 10, Mommsen S/D No. 2 Crown Developers, Inc. #3913120, Lot 5, Blk. 2, Mommsen S/D No. 2 Crown Developers, Inc. #3910304, Lot 4, Blk. 10, Mommsen) S/D No. 2 Crown Developers, Inc. #3910312, Lot 12, Blk. 10, Mommsen S/D No. 2 Crown Developers, Inc. #3910308, Lot 8, Blk. 10, Mommsen S/D No. 2 Crown Developers, Inc. #3910311, Lot 11, Blk. 10, Mommsen S/D No. 2 Crown Dev ' tipe•�.� „' j�Inc. #3910310, Lot 10, Blk. 10, Mommsen S/D No. 2 Crown Developers, Inc. #3911013, Lot 6, Blk. 5, Mommsen S/D No. 2 Crown Developers, Inc. #3910324, Lot 13, Blk. 11, Mommsen S/D No. 2 Crown Developers, Inc. #3910321, Lot 10, Blk. 11, Mommsen S/D No. 2 Crown Developers, Inc. #3910322, Lot 11, Blk. 11, Mommsen S/D No. 2 Crown Developers, Inc. #3910323, Lot 12, Blk. 11, Mommsen S/D No. 2 Timothy J. Rogers City Attorney 3 - DEED " a CITY OFKENAI •• 210 Fldalgo Koat e.Alaska9%11 Past eooeoo�o 7J Y Pp9� �l Ceeii.y°" y 283-34A I Timothy J, Rogors City Attorney CITY OF KENAI 210 Fioalgo Kenn, Alaska 99611 2833441 Henrickson, Al & Linda Munsterman National Bank of Alaska National Bank of Alaska National Bank of Alaska National Bank of Alaska National Bank of Alaska National Bank of Alaska #4714041, Lot 33, Blk. 4, Redoubt Terr. . 4 S/D #471 Blk. 4, Redoubt Terr. No. 60-A, #4713072, Lot 23, Blk. 5, Redoubt Terr. No. 4 S/D #4714032, Lot 17, Blk. 5, Redoubt Terr. No. 4 S/D #4714050, Lot 42, Blk. 4, Redoubt Terr. No. 4 S/D #4714031, Lot 16, Blk. 5, Redoubt Terr. No. 4 S/D #4714030, Lot 15, Blk. 5, Redoubt Terr. No. 4 S/D This instrument is executed without covenants of any character, express or implied, and the execution thereof shall not in any circumstances impose any lbility on the undersigned. r IN WITNESS WHEREOF, I have her`d ' t my hand and the Seal of the Superior Court for the State cl" Alaska, Third Judicial District, this day of , 1990. 4 - DEED Robin Turnbull, Clerk Superior Court r �f�� eeeeeeee� Pacp-S Tlmbthy J. Rogers City Attorney CITY OF KENAI 210 Fidaigo Kenai. Alaska 99611 2833441 IN THE SUPERIOR COURT FOR THE STATE OF ALASKA THIRD JUDICIAL DISTRICT AT KENAI IN RE: CITY OF KENAI ) 1988 FORECLOSURE OF 1987, ) DELINQUENT SPECIAL ASSESSMZNTS) CIVIL ACTION NO. 88-211 CI. ORDER FOR TAX DEED Judgment and Decree of Foreclosure having been signed by this Court on the sixth day of October, 1989, the redemption period having expired, and certain real properties still having special assessment installments for 1987 and o ng to the City of Kenai, IT IS HEREBY ORDERED that a tax de'� ped to the City of Kenai for all property unredeemed as of December 10, 1989. DATED: This day of , 1990. 1 - ORDER FOR TAX DEED Judge of the Superior Court Timothy J. Rogers City Attorney CITY OF KENAI 210 Fidalgo Kenai, Alaska 99611 283-3441 IN THE SUPERIOR COURT FOR THE STATE OF ALASKA THIRD JUDICIAL DISTRICT AT RENAI IN RE: CITY OF KENAI ) 1988 FORECLOSURE OF 1987, ) DELINQUENT SPECIAL ASSESSMENTS) I CIVIL ACTION NO. 88-211 CI. In the matter of the foreclosure of delinquent special assessment liens by the City of Kenai, Alaska, for 1987 and prior years, proof of publication of Notice of the Expiration of the Period of Redemption in the manner an form prescribed by A.S. 45.440 having been filed, I, Robin Turn' of the Superior Court for the State of Alaska, Third Judicial 4istrict, pursuant to the provisions of A.S. 29.45.450, do hereby convey to the City of Kenai, all right, title, and interest in the following described properties: OWNER Andrews, Steven D. Crown Developers, Inc. Crown Developers, Inc. Crown Developers, Inc. Crown Developers, Inc. Crown Developers, Inc. Crown Developers, Inc. Crown Developers, Inc. 1 - DEED PARCEL NUMBER AND DESCRIPTION #4303019, Lot 1, Russell S/D #3912301, Lot 1, Blk. 6, Mommsen S/D No. 1 #3911011, Lot 4, Blk. 5, Mommsen S/D No. 2 #3911015,.Lot 2, Blk. 6, Mommsen S/D No. 2 #3913101;q ti1;,= 8lk. 5, Mommsen S/D No. 1 #3910208, Lot 8, Blk. 9, Mommsen S/D No. 2 #3913122, Lot 3, Blk. 2, Mommsen S/D No. 2 #3911009, Lot 2, Blk. 5, Mommsen S/D No. 2 Timothy J. Roger$ City Attorney CITY OF KENAI 2 10Fidalgo Kenal, Alaska 9%11 2833441 Fev - -- Crown Developers, Inc. Crown Developers, Inc. Crown Developers, Inc. Crown Developers, Inc. Crown Developers, Inc. Crown Developers, Inc. Crown Developers, Inc. Crown Developers, Inc. Crown Developers, #i4P7 Crown Developers, Crown Developers, Inc. Crown Developers, Inc. Crown Developers, Inc: Crown Developers, Inc. Crown Developers, Inc. Crown Developers, Inc. Crown Developers, Inc. Crown Developers, Inc. Crown Developers, Inc. Crown Developers, Inc. Crown Developers, Inc. Crown Developers, Inc. Crown Developers, Inc. Crown Developers, Inc. Crown Developers, Inc. 2 - DEED #3910109, Lot 2, Blk. 7, Mommsen SID No. 2 #3913113, Lot 5, Blk. 3, Mommsen S/D No. 2 #3901018, POR SEX, Mommsen S/D No. 2 #3910111, Lot 4, Blk. 7, Mommsen S/D No. 2 #3913123, Lot 2, Blk. 2, Mommsen S/D No. 2 #3910211, Lot 11, Blk. 9, Mommsen S/D No. 2 #3913121, Lot 4, Blk. 2, Mommsen S/D No. 2 #3910226, Lot 12, Blk. 12, Mommsen S/D No. 2 #3910301, Lot 1, Blk. 10, Mommsen S/D No. 2 #3910303, Lot 3, Blk. 10, Mommsen', S/D No. 2 #3910305, Lot 5, Blk. 10, Mommsen S/D No. 2 #3910309, Lot 9, Blk. 10, Mommsen S/D No. 2 #3912102, Lot 2, Blk. 8, Mommsen S/D No. 1 #3913114, Lot 4, Blk. 3, Mommsen S/D No. 2 #3911012, Lot 5, Blk. 5, Mommsen S/D No. 2 #3911014, Lot 7, Blk. 5, Mommsen S/D No. 2 #3913112, Lot 6, Blk. 3, Mommsen S/D No. 2 #3913124, Lot 1, Blk. 2, Mommsen S/D No. 2 #3913118, Lot 1A, Blk. 3, Mommsen S/D No. 2 #3913115, Lot 3, Blk. 3, Mommsen S/D No. 2 #3912201, Lot 1, Blk. 7, Mommsen S/D No. 1 #3912205, Lot 1A, Blk. 2, Mommsen S/D No. 1 -N a #3912318, Lot 12113.1k. 6, Mommsen S/D No. 1 r ';;s; _ ; T ��;a #3910107, Lot 1A, Bik" 7, Mommsen S/D No. 2 #3913117, Lot 1, Blk. 3, Mommsen S/D No. 2 Timothy J. Rogers City Attorney CITY OF KENAI 210 Fidalgo Kena., Alaska 9%111 Crown Developers, Inc. Crown Developers, Inc. Crown Developers, Inc. Crown Developers, Inc. Crown Developers, Inc. Crown , Inc. Crown Developers, Inc. Crown Developers, Inc. Crown Developers, Inc. Crown Developers, Inc. Crown Developers, Inc. Crown Developers, Inc. Crown Developers, Inc. Crown Developers, Inc. Crown Developers, Inc. Crown Developers, Inc. Crown Developers, Inc. Crown Developers, Inc. Crown Developers, Inc. Crown Developers, Inc. Crown Developers, Inc. Crown Developers, Inc. Crown Developers, Inc. Crown Developers, Inc. 3 - DEED #3910110, Lot 3, Blk. 7, Mommsen SID:I No. 2 #3913119, Lot 6, Blk. 2, Mommsen SID No. 2 #3910112, Lot 5, Blk. 7, Mommsen SID No. 2 #3911010, Lot 3, Blk. 5, Mommsen SID No. 2 #3910209, Lot 9, Blk. 9, Mommsen SID No. 2 #3911003, Lot 3, Blk. 4, Mommsen SID No. 2 #3910223, Lot 9, Blk. 12, Mommsen SID No. 2 #3910224, Lot 10, Blk. 12, Mommsen SID No. 2 #3910225, Lot 11, Blk. 12, Mommsen SID No. 2 #3912101, Lot 1, Blk. 8, Mommsen SID No. 1 #3910227, Lot 13, Blk. 12 Mommsen SID No. 2 #3911016, Lot 1, Blk. 6, Mommsen SID No. 2 #3910302, Lot 2, Blk. 10, Mommsen SID No. 2 #3913120, Lot 5, Blk. 2, Mommsen S/D No. 2 #3910304, Lot 4, Blk. 10, Mommsen SID No. 2 #3910312, Lot 12, Blk. 10, Mommsen SID No. 2 #3910308, Lot 8, Blk. 10, Mommsen SID No. 2 #3910311, Lot 11, Blk. 10, Mommsen SID No. 2 #3910310, Lot 10, Blk. 10, Mommsen SID No. 2 #3911013, Lot 6j1,k. 5, Mommsen SID No. 2 ;; / ,,�• , #3910324 , Lot 13,+'ilk;"il , Mommsen SID No. 2 )i #3910321, Lot 10, Blk. 11, Mommsen SID No. 2 #3910322, Lot 11, Blk. 11, Mommsen SID No. 2 #3910323, Lot 12, Blk. 11, Mommsen SID No. 2 283,3aa 1 Timothy J. Rogers City Attorney CITY OF KENAI 210 Fidalgo Kenai, Alaska 9%11 283 3441 Henrickson, Al & Linda Munsterman National Bank of Alaska National B WU479 k a National Bank of Alaska National Bank of Alaska National Bank of Alaska National Bank of Alaska #4714041, Lot 33, Blk. 4, Redoubt Terr. No. 4 SID #4714038, Lot 30-A, Blk. 4, Redoubt Terr. No. 4 SID #4713072, Lot 23, Blk. 5, Redoubt Terr. No. 4 SID #4714032, Lot 17, Blk. 5, Redoubt Terr. No. 4 SID #4714050, Lot 42, Blk. 4, Redoubt Terr. No. 4 SID #4714031, Lot 16, Blk. 5, Redoubt Terr. No. 4 SID #4714030, Lot 15, Blk. 5, Redoubt Terr. No. 4 SID This instrument is executed without. covenants of any character, express or implied, and the execution thereof shall not in any circumstances impose any liability,on the undersigned. `.'"`'ram,, IN WITNESS WHEREOF, I have hereunto and and and the Seal of the Superior Court for the State of Alaska, Third Judicial District, this day of , 1990. 4 - DEED Robin Turnbull, Clerk Superior Court 1791-1991 CITY OF KENAI „ad ea pdal 4 4, 210 FIOALGO KENAI, ALASKA 99611 TELEPHONE 283-7535 FAX 907.283-3014 January 8, 1990 Bob Boyd DOT/PF Maintenance 44149 Sterling Highway Soldotna, AK 99669 Subject: Kenai Spur Hiahwap Dear Mr. Boyd: The Council of the City of Kenai has requested that I contact you concerning the maintenance of the Kenai Spur Highway in Kenai. The City is requesting that the State increase its effort concerning the snow removal and maintenance of the Kenai Spur Highway in Kenai. The center turn lane, of the five lane part of the Spur in Kenai, has built up to over six inches in places. Since the center driving lane where the tires travel is bare the difference in height makes it very dangerous for vehicles which can loose control by hitting this area. The outside driving lane is also not fully cleared nor is it wide enough. The sidewalks have not been cleared in a long time and the snow berm from the road has built up making it impossible to walk along the Spur unless you walk in the driving lane which many people are presently doing. I can sympathize with you concerning budget constraints, adverse weather conditions, volcano ash, and equipment problems. The Council, however, feels that the State maintenance outside of Kenai seems to get more and sooner attention. It appears that North Kenai and Soldotna have been getting better service. I realize that DOT/PF have maintenance shops in these areas but is it possible that the State crews could switch back and forth starting one time in Kenai and working back to the shop and then the other direction the next time? Could you schedule a Kenai Spur Highway cleanup program in Kenai soon. It appears that scarifier blades may be needed in many areas where the snow has been packed down heavily. If we can be of any assistance, please give me a call. Sincerely, Keith Kornelis Public Works Director KK/kv SAM MI ww� now h P.O. SOX 106. PNA*R. ALASVA UIWISN • PHONE 74641642 TO: Bobbi Smith, Co-chairuan Marian Estelle, Co-chairman Bank Bartos Christine Blackburn Fred Dyson Bore Levesque Susanne 1. Little Linda Swarner ASSESSMENT DEPARTMENT January 15, 1990 City of Barrow City of Petersburg Fairbanks North Star Borough City of >Zodiak Municipality of Anchorage Matanuska-Susitna Borough City of Soldotna City of Kenai SUBJECT: AML Subcommittee on Land Use, Resources and Economic Development I would first like to welcome all of you to this committee and encourage each of you to study the policy statement and lend your expertise in areas with which you are most familiar. My study of the statements reveal areas of confusion primarily due to the lack of explanation for the purpose of AML concerns. Some work in this area has been accomplished; however, in many cases, understanding of why we suggest items is missing. Land Selection, Coastal Management, Subdivision, State Land Disposal and other portions of our two sections of responsibility are vague as to the reasons we make the recommendations in policy of the League. From experience, this is confusing to legislators and to lobbying members of the League as the issues are not clearly presented. Would each of you begin to try to fill in the blanks on each issue in regard to perceptions in your communities. Possibly we will have opportunity to discuss these at the January 31 meeting in Juneau and be more prepared to draft changes at our summer meeting. For the January meeting it is important that if any of you have issues that should be prepared for legislative action this session, issue statements and draft bill language should be prepared for consideration of the Legislative Committee and Board of Directors. This is the real work of the Legislative Subcommittees and reason you are supported by your community to attend to matters of mutual municipal concern -- See you in Juneau. Sincerely, "Gry Lewis ye cc: Scott Burgess, Exec. Director Alaska Municipal League Gaye J. Vaughn, Chairman 1990 AML Legislative Committee XWFO TELEPHONE 19071 $86.1325 FAX 401-5480 Date: 1 /11 /90 217 SECOND STREET. SUITE 200 IUNEAU, AL ASKA 99801 FAX COVER LETTER FAX no.: see below Total pages w/ cover. 1 From: Scott A. Burgess, Executive Director Following page are for: AML Board of Directors Dorothy A. Jones, President ..... , . Matanuska-Susifna Borough Jerome M, Selby, t st Vice President ..... Kodiak Island Borough Juaniia Helms .. Fairbanks North Star Borough 2nd Vice President 0elber! J: Rexford .... North Slope Borough lmrnadiate Past President ; -We"* W. Belluta, Sr., Director .... Lake and Peninsula Borough Peter Black, Director .................... City of Alakonuk Paul Chizmar, Director ......... Fairbanks North Star Borough Dave Dapcevich, 01tector .......... Cry and Borough of $like Roe Evans. 01tector .............. Municipality of Anchorage Mali; Goodwin. Jr., Director ............... City 61 Kotzebue Kristin Lambert, Director .................. City of Sotdotna Sally McAdoo, Director ..... ......... .... City of Valdez Harry E. Purdy, Director ................... City of Galena Heather Sewell. Director ................. City of Anderson Roealae T. Walker, Director ....... City and Borough of Juneau George W. Come', Past President ............. City of Palmer Heather Flynn, Past President .:..... Municipality of Anchorage Betty J. Glick, Past President ........ Kenal Peninsula Borough Dan Keck, Past President .......... city and Borough of Sitka Alaska Municipd Management Association , ... , . Kevin FtRchio C1t r and Borough of Juneau Alaska Assoclatoor► of MunL„^ipal CWka Mona Lisa Drexler, CMC Fairbanks North star Sorough Alaska Municipal Attnmays Association ......... Tom Bosciaker Kenai Peninsula Borough UMtNl7ER: AML BOARD OF DIRECTORS MEETING There Will be an AML Board of Directors meeting in Juneau, February 1-2, 1990 in the Gastineau Suite of the Baranof Hotel. The meeting will begin at 10:30 a.m. on Thursday, February 1, 1990, and continue Until 5,00 p.m. on Friday, February 2, 19,90. A Working Lunch is scheduled both days. The AML Legislative Reception is scheduled for 5;00-7:00 p.m, on Thursday evening. Details, agenda and materials to follow. Please make your travel and hotel reservations immediately if you have not already done so. Block of rooms have been reserved at the Baranof Hotel for $59.00 per night and Westmark Juneau for $69.00 per night. Please indicate you will be attending the AML meetings when making your reservations (1-800.544-0970, 1-586 2660/Baranof, 1-586-6900/Westmark). Please CCU I;f }�pu are noi�oing to attend, or if you have any questions. MEMBER OF THE NATIONAL LEAGUE OF CITIES AND THE NATIONAL ASStxNTION OF COUNTIES 2iViv Z TO DO L = O T aANUARY 3, 1 9 9 O KE NA = C = TY COU NC = L 1. Clerk: Purchase Order for check for $300 to Boy Scouts - ceremony to be at meeting of 2/7/90 2. Brown: Check for $300 for Boy Scouts & hold 3. Loper: Letter to Borough regarding two vacation requests 4. Clerk: Remind Mayor to discuss the Education Endowment project prior to the first meeting in February 5. Mayor: Prepare briefing paper on legislative meeting 2/5/90 6. Rogers: Set up Municipal Interim Management Services program and make criteria available to employees as far as applications. 7. Brighton: Set Beaver Loop boat ramp project for public hearing on 2/7/90. 8. Mayor and Council Members: Speak on "Sound -Off" at KSRM 2/5/90. 9. Kornelis: Contact State DOT regarding snow removal from Kenai Spur Highway 10. Kornelis: Clear berm at pullout at Linwood and Lawton at the golf course for cross country skiers 11. Kornelis: Stop sign and street sign in Woodland at the corner of Maple and Ash 12. Kornelis: Check on boom truck advertised in Soldotna. 13. Council: List of buildings for abatement 14. Clerk: Discussion item for next meeting: putting some money forward for building the dining room addition to the Senior Center 15. Kornelis: Produce schematics and price for dining room addition to Senior Center 16. Kornelis: Figures for the project at the softball fields, i.e., control center, pavilion, etc. jal TELEPHONE f ?) 586.1325 „ irr1o111\ 217 SECOND STREET. sui rE 2oo FAX 4rrl.Satlt) JUNEAU. ALASKA 91iWl FAX COVER LETTER Date: 1/11/90 FAX no.: see below Total pages w/ cover: 1 From: Scott A. Burgess, Executive Director Following page are for:. Members of the AML Legislative Committee 1990 AML LEGJSLATIVE COMMITTEE Gaya J. Vaughan, Chair • Kodak !algid bwai,ph Lae Sharp, LaWsiallve Comm nt" A&Ww • Preston,. Thorgelrnson, Elite A Holman, Amhorage, Sutaconamlttee on Eduemlon, Munkipal i lectlons, and Local Government Porters Michael Gard, Chair ....... M6tan3ska-Su04na Borough Kevin Tar Parnell, Co-chair ....... Municlpatiy of Anchor"is Naney Gross, Co-chair .................. City of Cmdeva Langton Chinn ..................... t tWal Bay Borough Reginald Cleveland ............. Nonhwest Arctic Borough Qavid C. Crowe ........................ City of Kodiak Cheryl Cdenihaw .. City of Kotzebue Sam McLane .................. Kenal Peninsula Borough Chwyle Wod-Tallman .......... Ketchlkart Gateway Borough SubcomrMlKee on Land Use, iResources, And Eeonomle -Development Gary Lewis, Chair ............ batanuska Suskna Dorough 8obbi Smith, Co-chair .................... City of Barrow. Marian Eatalla, co-chair .. , . .. , .... City of PetMaburg Hank Samos ............... Fairbanks North Star Borough Christine Blackburn ..................... City of Kodiak Fred Dyson ................... Municipality'of Anchorage Norm Levesque .............. Matanuska-Susilna Borough Suzanne R. Little ........ . ... .. . ... City of Soldoina Undo Sw4mer ........ I .... ..... . ...... City of Kenai Submntmktee on Taurtion and Fkwncw Judl Slaist, Chair ............ Fairbanks North Star Borough Jack McFarland. Co-chait ........... Kodiak island Borough Doug griffin, Co-chair .................... City of Valdez Jkn 8arnea ................... MUnICIPAbty of Anchorage Mark Hodgine ... , .... Kenai Peninsula ESorough Nathan Katch. Jr.. ........ City of Koft0ue Raymond Stoney ............... Narlhwest Arctic Borough Chow Taylor ................. Lake and PjnrnsWa Borough Suboornml11160 on Transportation, Docks and Ports; Munlclpal tANiltes; and Public Sagely Georgia Suck, Chair ..................... City of Whimer Timothy Towerak. Co-crWr .............. City of Unalakleot 'nm J. Rogete. Cochei► .............. I .... City of Kenai Steve Bainbridge ...................... City of Nenans Jim Kubin ................... Municlpalily of Anchorage Rose Pafmctuist ......, ....,... Matanusk"usitna Borough Alike Stanton ............ Ciry of Ketchikan Gary Stevens .................... Kodiak Island Borough FM#NR: AML LEGISLATIVE COMMITTEE MEETING There will be an AML Legislative Committee meeting in Juneau, January 31-February 1, 1990, in the Treadwell Room of the Saranof Hotel. The meeting will begin at 10:30 a.m. on Wednesday, January 31, 1990, and continue through the AML Legislative Fieceptipn to be held from 6:00-7:00 p.m. on Thursday, February 1, 1990, at the Penthouse. A working lunch Is scheduled both days. Details and an agenda to fallow. Please make your travel and hotel reservations immediately if you have not already done SO. Mocks of rooms have been reserved at the 8aranof Hotel for $59.00 Der night and Westmark Juil au for $69.00 per night. Please indicate you will be atiendittg the AML meetings when making your reservations (1-800-544-0970, 1-586-2660/Saralnof, or 1-586- 6900/Weatrnark). 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W A w u 0 c U o. , O a1 w ro N Zuy O'wc 44 wo -0. 0: u0i 0zw 0 e m��D �".� � a' >. F O m 4y cx Umya «aZ Y • O aE F M .i 0 w .w w Y z ... E, aF7 4 OG H '••' GGG '.7 `7 n �qq Y S ,R.1 •�i •-O. irWy N.41 0N O0.o FF H F .�H +•w .d • oU- G AU0 T L4 F b 0140- Ulm m° � oUm "'o w a az mp•UUl a •- t-&m z z b z W E v 7 4 a, Y ,., W W w 4 ••+ M O c ..a 4 O aYw E00•. ..-0.7W 0: oG to i•M•Ka .+ 4 ro 040.0mebmm O'O V 00 ro0Y%duw >• F O [�•'�ro N4O4. v--V0D>• z y ❑m 44 wOM..l an t •-� 4 2m0 Owm aNw 00 wa ca •I .Ui . Wa oaww V%- Z a' " U z 4)_ _ _ _ _ o 6w. F'd A A Luh W O 0 p A 4 z Z O a d a H F a STEVE C GOVERNOR STATE or ALASIiA OFFICE OF THE GOVERNOR eJU-TEAII January 8, 1990 Ms. Linda L. Swarner P.O. Box 2602 Kenai, AK 99611 Dear Ms. Swarner: Thank you very much for your letter supporting congregate housing for the Kenai seniors. We strongly urge that you let your local legislators know of your support for this project. I have copied your request to my staff in the Office of Management and Budget for their review. We will be working with your legislators during the 1990 legislative session to set the FY 91 capital budget. Your project will be taken into consideration as we develop our capital expenditures. We certainly enjoyed the Christmas tree and the beautifully hand-crafted decorations. Thanks again. ince eve per Governor cc: OMB t r . ME FAIT SM ! GARY LARSON ;1 E � \ 4 1\�^S.h°►«r.ti�§ •1 0 �;. a,s \���^..a h .►h1+. Trouble brewing. T�� mum TELEPHONE (9071586.1)23 '�T/Tr/rM� 217SECOND STREET SWE200 FAX 461•S480 )UNEAU, ALASKA 991t01 FAX COVER LETTER Date; 1/12/90 FAX no.: see below TOW pages W/ cover: i From: Scott A. Burgess, Executive Director Following page aro for: AML Board of Directors (see the list of names below Dorothy A. Jones, President ....... Matanusit"usitna 0wough Jerome M. Uft. t at Vice PresidarR .... , Kodiak Island Borough Alaska Municipal Manager wM Association .. , , .... Kwin Ritchie Juanita Haim* ... . ...... . .... Fairbanks North Star Borough Cirt aN Borough of Juneau Znd Vice President Alaska Association of Municipal Cturks .. Mona Lisa Dtexlet, CMC Delbert J. Aoxlord .................. North Slope Borough Fairbanks North Star Borough trnmediate Past Provident Alaska Municipal Alwittva Association .. • . , , ... Torn Sosdoker Wasiia W. talluta, Sr., Director .... Lake and Peninsula Borough ( Kenai Peninsula Borough Pete► Black, Director .................... Chy of Alakanuk Paul Chizmar, Director , . , ..... Fairbanks North Star Borough Dave Dapcovich, Director .......... City and Borough of Uka Joe Evans, Director .............. Municipality of Anchorage Willie Goodwin, Jr., Director ............... City of Kotzebue Kristin Lambert, Olrectar ... . .... . . . ....... City o! Soldotna Sally McAdoo, Director ........ ...... ... City of Voider Harry 9. Purdy, Director ... . ............... City of Galena Heather Sewall, Director . .......... . .. . . . City of Anderson Rosaloo T. Walker, 01rector .. , . , . City .and Borough of Juneau George W, Carte', Past President ............. City of Palmer Heather Flynn, Past Presldent ....... Municipaliry of Anchorage Betty J. Glick, Past President .... , ... Kenai Pnninaula Oorough Dan Keck, Past President. .......... City and Borough of Sitka ACTION CALL - LEGISLATIVE ALERTM HS 37 (Senate Committee Substituto for House Bill 37 (Rules), our legislative priority for creating a priority grant program for school construction to replace the reimbursement program, is scheduled, for the Senate floor on Monday, Januaty IS, 199o. Please contact your senators and ask them to support the bilk. The only change In the CS from the bill last year Is a March 1, 1990, effective date. According to Senator Strurguiewski, sponsor of Sa 100 (the Senate equivalent of HB 37) and Rules Chair, the following senators are currently undecided or planning to vote No, as indicated. Each of there should be contacted immediately. Adams -- undecided Binkley -- undecided Ellason •- undecided Fahrenkamp •- undecided Falk& -- No Fischer -- No, but planning to be absent Frank -- undecided Kerttula -- Yt:3, but planning to be absent Pearce -- undecided Pourchot -- leaning against 7!'nrcf1 -- Lrr,decided -- was planning to be absent, bu± that 1-^ nctiv unc,; rtn;ln O 0) t` rl 44 O iT v v O rX4 I O O O Z o W Li. 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"i . o w -si i -< z W In T. it) "s. w "Y' �q fu Ia "s, i.) w x1 0 m jWL Ni �LE 1 ­�I'ER.7 the year 1989. 1989. .-rapcevich, Soulak Named Municipal Officials of 1989 Sharp, Younker Honored Lieutenant Governor Stephen McAlpine awarded John E. Dapcevich, former Mayor of the City and Borough of Sitka, and David L. Souiak, City Manager of the City of Palmer, the first annual Alaska Municipal League Municipal Official of the Year Awards for 1989 at the final banquet of the *JL Con- ference'in Juneau. Lee Sharp of the law firm of Preston, Thorgrimson, Ellis and Holman (Anchorage) and Phil A. Younker of Phil A. Younker and Associates (Fairbanks) were awarded the Outstanding Contribution Award. Part of the Alaska Municipal League's Ex- cellence in Local Government Program established in 1989, these awards are de- signed to recognize ,the contributions of Alaska municipal officials to local govern- ment statewide, within their municipalities, and to the Alaska Municipal League. A per- manent plaque will hang in the Alaska Muni- cipal League office showing the Municipal Officials of the Year for each year. John E. Dapaevich, 1989's Elected Munici- pal Official of the Year, has given decades of service to the City and Borough of Sitka and the State of Alaska. A resident of Alaska since 1928, and of Sitka since 1960, Dapcevich is a self-employed tax and business consultant and holds the distinction of being the only person to have served in all six forms of government in Alaska: territorial, federal, state, city, borough, and unified municipality. Dapcevich's public career includes service on the Sitka Charter Commission, three years as Councilman of the City of Sitka, sixteen months as Assemblyman with the Greater Sitka Borough, two years as Deputy Mayor for the City of Sitka, and six terms as Mayor of the City and Borough of Sitka. Dapcevich decided notto seek re-election this year. (continued on page 3) Happy, of ays to All from your AML Staff Scott, Chrystal, Kevin, Phyllis, and Glenda and Steve & lie of the AML/AA AML 39th A N al w.. L>fl W Gave : 6, Confemice CO , Id Sets Prill►ll As the germ of Delbert lalexford, the first in- upiat Eskimo to serve as president of the Alaska Municipal League, drew to a close at the League's 39th Annual Local Government Conference, Alaska's local government of- ficials 'Identified key issues facing municipal govemments, debated policy issues, and learned how to "get their message out" more effre[kwely. Approximately 400 municipal of- ficials and their guests attended the con- ference, which concluded recently in Juneau. Seventy-five Alaskan municipalities were represented. The League's newly elected Board of Directors, under the leadership of President Dorothy A. )ones, Mayor of the Matanuska- Susitna Borough, identified the League's priorities for the coming, legislative session year, based on the Policy Statement and resolutions adopted by members at the business meeting. As identified by the AML Board, the top priorities Qf Alaska's municipalities for the 1990 legislative session are: t. restoration of funding for the Municipal Assistance and Revenue Sharing programs to the level requested by the Governor for FY 90 in recognition of the shared respon- sibility of the State and local governments for providing essential services to Alaska's citizens; 2. full funding for public education, in- cluding the foundation formula and school construction debt reimbursement program, in recognition of the State's con - (continued on page 4) Cowper Declares Local Government Day Governor Steve Cowper recently pro- claimed February 1, 1990 "Local Govern- ment Day-1990;' to honor the contribu- tions that Alaska's city and borough governments make to the lives of Alaska's citizens. In Juneau, the day's activities.will be highlighted by meetings of the AML Board of Directors and Legislative Com- mittee and the annual AML Legislative Reception. Other communities may wish to celebrate in their own ways to recog- nize the importance of local government to al I our nation's citizens. Officers President Dorelby A. Jones Mayor, Matanuska-Susitna Borough First Vice President )emm solby Mayor, Kodiak Island Borough Second vice President leanilrt Helms Mayor, Fairbanks North Star Borough Immediate Past President Delertf. Reirford Assembly Member, North Slope Borough Directors Wank W 00atai, Sr Assembly Metreber, Lake and Peninsula Borough Peter track Mayor, City of Alakanuk Paul Chizmar Assembly Member, Fairbanks North Star Borough Dave palicewch Assembly -Member, City and Borough ofSitka Joe #Vans Assembly Mem ber, Municipality of Anchorage Willi Jr. Mayor, City of Kotzebue Kristin lambert Council Member, City ofSoldotna Sally NV MOO Council Member, City of Valdez Harry L Purdy Council Member, City of Galena Heather Sewell Mayor, City o(Andermn karsalae T. ftlker Assembly Member, City and Borough of Juneau Past Presidents Geepryre W. Carte' Mayor, City of Palmer Heather Flynn Assembly Member, Municipality of Anchorage Betty 1• click Assembly Member, Kenai Peninsula Borough Dan Keck Mayor, City and Borough of Sitka Ex-Officio Directors Kevin ltTleChie Alaska Municipal Management Association Mona Lisa Ddexler, CMC Alaska Association of Municipal Clerks Torn Boedeiuer Alaska Municipal Attorneys Association Executive Director Scott A. Burgess Staff Chrysfal Stillings smith Programs Manager Kevin Smith Staff Associate Phyllis Larson Administrative Assistant Glenda Catli Secretary AMWIA Steve Wells Administrator PeSlpe ). Ward Administrative Assistant S Wade OkpolJiai in AIlaJJ�W a, 4, by Deborah Driver Solid waste disposal was the subject of a workshop at the 39th Annuil Local Govern- ment Conference. Panelists discussed prob- lems with, and solutions to, new federal En- vironirworl A 10MOOdon Agency ON guidNe- lines,rtsph*00" suer requirements for murwitciptd solo,wiaste landfills. The nON koolol guidelines were outlined by Ca nal ,NodWsen, Legislative Couttseatl for the ltladlOmAl Leaegue of Cities, and Coast Guard U. COmMander Ronald J. Morris. Kochoiaeh an overview of thb stricter national tirkleria for the location, design, ope 19ni eelieanup, and closure of mw and exls""�001, lls. According to "is+en, EPA aiewwill reequire a!I fatlillpes to in- stallIlprrWak collection syste" 10 pree- vent *W loO tration with waste;in addi- tion,lntutrwietJ landfill owners or operators Will lode rw 41red to conduct continual grou*kwer and landfill gas monitoring, as well as prohibit disposal of hazardous substances, Further, construction of facilities will be prohibited in areas where it is deter- mined the facility will adversely impact the environment, such as wetland areas. EPXs guidelines will cover all solid waste landfills. However, seaport municipalities will be required to process additional refuse from ocean vessels in their ports. Morris explained that new regulations would involvereception facilities which have received both a certi- ficate of adequacy from the U.S. Coast Guard and, if processing f6od waste from foreign ports (except Canada), a permit from Animal and Planet Health Inspection Service (APHIS), a division of the U.S. Department of Agricul- ture. Failure to comply with EPA standards, Morris warned, could result in penalties to the municipality and perhaps prosecution of certain individuals. These guidelines, en- forced by the Coast Guard, are a federal ef- fort to decrease ocean pollution from such items as oil and plastics. Although all the panelists agreed that these federal requirements will contribute to a cleaner, more efficient operation, concern was voiced, on behalf of municipal govern- ments, about the increased cost of updating waste disposal facilities to meet EPA standards. Jeff Mach, Chief of the Solid and Hazar- AML NEWSLETTER dous Waste Management Division for the Department of Environmental Conservation, stated that the small size and remoteness of many Alaskan communities will matte abid- ing by rw ter )i lk stand"mone dit u�l than for legs � urlkeatbpetti area that rtgtn af. ford ao i be tw cleanup' meolhods. Many of 'the* small communitlees, Mach said, ;mt ly have a hoie in the ground for waste dii"l. Mach stressed tfe need for regiatialoAtion of solid wave rmwaliletttent, espeeeialleji' in unorganized are", as well as recyolnilll 00rders. This would stow dttwh the rate it v lch oxisthl; landfills fill up and I Ilsane'the rreed for construction of costly new ffacigties. Kelly *Mogen, of the Fairbanks North Star ilorbugh Environm"tal 5eivices Divi- sion, sttwgat W the nited to decrease tlwe cost of garbao pickup and processing in the borot, Sk whom the landfill is 26, years old and cuprenttl`y unlined. According to McMullen, Fairbanks' scattered population and frequently frozen garbage, which is dif- ficult to process, keep garbage fees high. McMullen believes that exorbitant fees are responsible for the increase in illegal dump- ing, which has further escalated the cost of cleancip., Moreover, the Fairbanks landfill is overused; with hazardous substances being dumped in the Same manner as other gar- bage, which undermines recycling efforts and presents a public health hazard through incineration emmissions. Manager of the Anchorage Recycling Center Ibm Turner presented recycling as a cost-effective solution to prevent landfill overuse. Construction of a local recycling facility, Turner believes,, is profitable both for the operator and for the municipality be- cause it's less expensive to invest in new recycling facilities than to spend money for waster disposal or transport. According to Turner, the Anchorage Recycling Center is responsible for generating $7 million in economic development through the creation of jobs. The center encourages community participation by having citizen groups work with government to set up recycling pro- grams, and it has minimized the city's liability by complying with EPA regulations. 217 2nd Street • Suite 200 • Juneau, Alaska 99801 • (907) SW1325 Me 2 December "B9ifWuwy 10% National League of Citks Congress ofC Jes in Adu ta, Georgia. AAA(continued froro pie 1) Dwrfd L. Soulak, Manager of the City of Palow, was named the 1W Municipal Employee of the Year. SooWs trial experience began in 1967. He becatrne manager of Palmer on July 15, MI. During Soulak's tenure as City Mama, Palmerex- perienced'serious growth pains during the first four years and even more painful area - wide economic collapse during the last four ears. Under his leadership and tight fiscal management, Palmer lowered taxes and maintained serrvices dudng the upturn, and the City of Palmer has not had to raise taxes during the recent period of drastically falling revenues. Soutak has been actively involved in pro- moting municipal issues statewide. He joined the Alaska Municipal League's Legislative Cormmihtee in 1,981 and was narned Chairman in 1965 and again in 1986; he served as Co-chair in 1967, In that time, Soulak reorganized the committee into the present-day subcommittee system to make it a more efficient ,body to advocate the municipal government agenda before the Legislature. ,fictive in the Alaska Municipal management Aviation, Soulak served as Secrelary-Treaswer in 1982.83 and pro- gressed from 2nd Vice President to President from 1963to 1986.'SoulakisTreaswerofthe Alaska Municipal League Joint Insurance Association and was actively Wmlved in the formation of that program. So" has an- nouncetlthat he will retire in October 1990. Lee Sharp, recipient of the Outstanding Contribution Award, is a former Borough At- torney for the City and Borough of Juneau and the Matanuska-Susitna Borough. A long- time member and advisor of the Alaska .Municipal League Legislative Committee, a ember of the Alaska Municipal Attorneys Association, and past member of the AML Board, Sharp has made valuable contribu- 'tions by drafting legislation introduced on beh4fof Alaska's municipatitles. Phil Younker, a former Assembly Member of the Fairl u*s Naetth Stan' I1160ough and a past peetidW of flee Alaska Municipal li come, also**iviod the Outstanding Con- tribution At Awe"for his efforts on behalf of local goverrtmeri In Alm. A se f-employed financial consultant with experlence in the insurance Industry, Younker was instrumen- tal in establishing the Alaska Municipal League Joint Insurance Association. Younker served as that first Chairman of the AM LIJIA Bound of Tnaabees from May 1967 until November 190. Younker's +efforts on behalf of the pool during this critical start-up phase required a grew deal of volunteer time, com- mitmerrt, and expertise on behalf of the member mut+icipalkles. We would like to thank John, Dave, Lee, and Phil for the hours of work they have spent improving local government in Alaska, and we congrattdate them on their achieve- ments. An Open Letter November 21, 1989 Board of erectors Alaska Municipal League Juneau, Alaska Dear Board Members: I wish to take this opportunity to thank the Alaska Municipal League Board of Directors for selecting me as the first "Municipal Elected Official ofthe Year:' Considering the quality of the other nominees and that the selection was made by my former peers, it makes this a great honor to be cherished by me and my family. Thanks again and may all your future endeavors be successful. Sincerely, John E. Dapcevich Sitka, Alaska Alaskans Attend NLC— Flynn Viected to 8ral and Nine Alaskans served as delegates to the recent National League of Cities Costgness of Cures, held in Adanta, Georgia, November 25-29, and Heather Flynn, Assembly M rnber Ilrom AnchoaW vials elected to the Board:of tAtectors of WC. Loading the Alaskan dekWion was AML President Dorothy A. Jones, Mayor of the MatowskaSutitna Borough. Also attending the nuath1% in addition to Flynn, were An- chorW Mayor 'Tout Fink and Assembly Merrrbor Marla Bich; Reseal Ma_yg�r JRhi2 VAi"* sow 8111Fair- b4W-AiWiW 1y +s ism Hayes and WtV Norum; and AML Executive Director Scott A. Durgm Flynn, Who has served as Vice Chair of NLC's Human Development Steering Com- mittee for the past year, is a former member of the NtC FAIR Steering and Policy Commit- tees, past president of the Alaska Municipal League, and a graduate of the J.F. Kennedy School of Gawwrirnerit at Harvard University. She has served on the Anchorage Assembly since 1983 and is now the Chair of that group. As an NIC Board Member, she will help guide the policies of the association and serve as an advocate for local government on the national level. Sdkganhip iCop for Clerics The Alaska Association of Municipal Clerks (AAMC) will once again award scholarships to Alaskan municipal clerks to attend the annual Municipal Clerks Institute. The institute, which this year wil! be held in Anchorage March 11-16, is sponsored by RAMC, the Alaska Municipal League, and the U niversky of Alaska. Completion of three years of the institute satisfies the education requirement for the Certified Municipal Clerk (CMC) designation of the International Institute of Municipal Clerks. AAMC will award scholarships to cover tui- tion and actual transportation costs to attend the March institute to a limited number of clerks who would otherwise be unable to at- tend. Applicants `must be members in good standing of AAMC (dues may accompany the application) and must have served as a municipal clerk or clerk/treasurer for a minimum of one year. Applications for scholarship assistance must be submitted on a prescribed form no later than January 15, and awards will be made by the end of February. AAMC Scholarship Chair Marcella Dalke, CMC/AAE, of Kodiak has distributed scholar- ship application materials to municipal clerks. Anyone who did not receive the i nfor- mation, or needs to know more about the Program, should contact Dalke at 486-3224. For more information on the 1990 Municipal Clerks Institute, call Chrystal Smith at AML, 586-1325. AM1L Pieerrsletteer Page 3 Conference (continued from page 1) stitutional responsibility to provide edu- cation to all of Alaska's children; 3. passage of HIS 37/58100, legislation that would r+epilaoe the existing school con- struction debt reimbursement program with a abased school construction grant Anagram; 4. passage of a legislative package providing for a variety of""fiscal stability measures" tlhat would giw municipalities additional authority to control their financial futuees.' These include, among others, replacin g the existint senior citizens/disabled veterans municipal property tax exemp- tion ptogmm with a state -administered rebate program; establishing an offshore fisheries tax revenue -sharing program; allowing municipalities to tax elec- tric/telophone cooperatives directly and to tax certain property held for resale by the state and. federal governments; and removing the state-imposedmunicipal sales tax cap; passage of legislation providing educa- tion, technical assistance, and grants for municipalities to replace outdated and non -conforming underground fuel stor- age tanks and to clean up spills in order to meet EPA mandates and to protect groundwater; and 6. strengthening of the reporting and collec- tion efforts of the fisheries business tax program and, continuation of its 50/50 local -state revenue -sharing provisions. In addition, the AML Board supports the concept of referring the proposal for establishment of an Education Endowment to the public for approval. Twenty resolutions to be presented to state and (federal officials and to be included in the 1990 Alaska Municipal League Policy State- ment were passed at the Annual Meeting. Among them are resolutions calling on the federal government to consider the negative effects of a "no net loss of wetlands" policy on Alaska; asking for a supplemental ap- propriation to cover the authorized reim- bursement for school construction debt for FY 89 and FY 90; and declaring December 3-9, 1989, "Cities Fight Back Against Substance Abuse Week." Conference delegates exchanged ideas about local government with their colleagues from around the State and heard from Alaska Governor Steve Cowper as well as dozens of experts on issues ranging from hazardous waste disposal to media relations to liability for jail operation. A full slate of educational and policy mak. AML hesidlieM 00rothy Joix mounted on a plaque shaped of Conh wence Week. Senator Adams (right) was the enwee. ing options was available, including a well - received luncheon speech and afternoon workshop by hill Daniels of An*rican Con- sulting and Training on buildirtg community support networks and understanding the workings of government. North Texas State University professor Bob Bland spoke of revenue alternatives for local governments and was joined by Alaskan experts for a discussion of the revenue options open to Alaska's municipalities. Newly [elected of- ficials had an opportunity to learn more about their new jobs at the annual AML Newly Elected Officials Seminar. Dorothy Janes, Mayor of the Matanuska- Susitna Borough, assumed the Presidency of the League, and Delbert Rexford, Assembly Member, North Slope Borough, became Im- mediate Past President. Jerome Spry, Mayor of the Kodiak Island Borough, is AML First Vice President, and Juanita Helms, Mayor of the Fairbanks North Star Borough, was elected this year as Second Vice President. Seven seats on the Alaska Municipal League Board of Directors were also filled. AML Directors are elected by the members to represent geographically defined districts that are based on Alaska State Senate districts. Elected to the Board this year were Dave Dapcevich, Assembly Member, City and Borough of Sitka, representing Senate Districts A and B; Kristin Lambert, Council Member, City of Soldotna, representing DeA*rt Re lord his gavel, wards Banquet Friday night District D; Joe Evans, Assembly Member, Municipality of Anchorage, representing Senate 011ofticts F, G, H, and I; Heather Sewell, Drlr, City of Anderson, represen- ting Senile District J; Peter Black, Mayor, City of A'lakanuk, representing Senate District L; Wassie W, Balluta, Sr., Assembly Member, take and Peninsula Borough, represenalog Serrate District N; and Willie Goodwin, Mayor, City of Kotzebue, elected for the"At4Arge" director post. Other Alaska Municipal League Board Members are Paul Chizmar, Assembly Member, Fitirbanks North Star Borough, represeri t IDi�strict K; Harry Purdy, Council Member, Cky of Galena, representing Senate District IMeI; Rorsalee Walker, Assembly Member, City and Borough of Juneau, represent'rtrrg Senate District C; and' Past Presidettts George Cartel, Mayor, City of Palmer; RMther Flynn, Assembly Member, Municipality of Anchorage; Betty J. Glick, Assembly frleember, Kenai Peninsula Bo- rough; and Dan Keck, Mayor, City and Borough of Sitka. Three ex-officio directors represent municipal associations: Tom Boedeker, Attorney, Kenai Peninsula Borough, Alaska Municipal Attorneys Associatiolii, Mona Lisa Drexler, Clerk, Fair- banks North Star Borough, Alaska Municipal Clerks A*miation; and Kevin Ritchie, Manager, City and Borough of Juneau, Alaska Mu"k4pal Management Association. Page 4' December 19"/lantiary 19" Drexler, Pebley, and Harrell Honored by 11M1C It has been a''banner year for Alaskan municipal clerks- biti r+of' have tecently earned the Certified Municipal Clerk (CMC) designation from the International Institute of Municipal Clerks (iIMC) and one has been accepted into IIMC's Academy for Aillvanced Education, Mona Lisa Dreg lw, Fairbanks North Star Borough Clerk, and IWaze4' F. I OW% North Slope Bom poh Clerk, k, were a%mrded the CMC distinction tb1 1611 for completing a series of pilo iteWI*Wii*nwM, Itliduding 100 hours of in"&'tn in 'tht Municipal Clerks Institute. a corn 23 other Alaskan municipal tierks tiN�'to can ptoutilly use "CMC" after the bamxas' Alaskar clerks have a higher proportion of Certified Municipal Clerks than any other state. Drexler has been the Fairbanks North Star Borough Clerk since '1963; previously she had held marrog i ial positions in private business. She Is Immediate Past President of the Alaska Association of Municipal Clerks (RAMC) and represents AAMC on the AML Board of Directors. Pebley, who has served as Borough Clerk for the North Slope Borough since 1987, has a career in local ,government that stretches back to 1973. Among other positions she has .veld are Kotzebue City Clerk, assi$mnt pur- chasing agent for the North Slope Borough, and Deputy Borough Clerk. She served as Secretary of AAMC during 1989. Martha J. Harrell, Deputy Clerk of the Fair- banks North Star Bor"h, was recently welcomed by 11MC as a member of the Aca- demy for Advanced 'Education. The Aca- demy is the professional body of municipal clerks who have continued their high level of educational .achievement beyond attainment of the CMC award. Harrell has been Deputy Borough Clerk since 1984 and is an active member of AAMC and !IMC. She currently serves on the IIMC Education and Personal Growth Committee. Alaskan Prints Courtesy of CH2M Hill Fairbanks City Council Member Lowell Purcell and Mona Lisa Drexler, CMC, Clerk, Fairbanks North Star Borough both left Juneau after the AML Conference with more than just a week's worth of session notes crammed in their luggage. Each won a print from CH2M Hill in a drawing at the AMUJIA exhibit booth. Purcell won "Sunrise Splendor," a print by rtist John Pitcher. Drexler won a view of the famous Crow Creek Mine near Girdwood as portrayed by Anchorage's Barbara Laval'lee. Congratulations to both of them and thanks to CH2M Hill for their generosity! New Members The Alaska Municipal League would like to welcome back Buckland, Gam - bell, Kivalina, Klavvock, Kwethluk, Point Hope, and Togiak as members of the League and extend a special welcome to Shungnak, a new member. Welcome also to Bradbury, Bliss, & Riordin; the Law Offices of Richard H. Erlich; Funk, Baxter, Elgee and Rehfeld CFWs; and Public Financial Management, Inc., who have recently joined us as Assoxciate'Memhers. Thanks to all of you for your contribu- tions to and support of local government! Sawing Public Buildings The Alaska Municipal League will join the University of Alaska and other concerned state agencies to sponsor a timely confer- ence, "Saving Alaska's Public Buildings: Maintenance, Renewal, and Replacement;' in Anchorage January 26-27. According to Nadine Winters, who is coor- dinating the conference on behalf of the University, concern about the issue has been mounting among those whose responsibility it is to preserve the State's investment in buildings and other public facilities. Topics to be addressed include financing facility renewal, realistic budgeting for renewal and replacement, maintenance management sys- tems and funding scheduled maintenance, and reducing operating costs, among others. A mailing on the program will be sent to AML members in the near future. For more information, call Nadine Winters at 457-6258. Suffering from File Frustration? The State Archives and Records Manage- ment Service and the Division of Personnel's Productivity Improvement Center are offer- ing a one and one-half day workshop, "Files and Records Management," to state and local government employees. Jan Hickey, a records analyst for the State Archives Division, will instruct workshop participants. Past participants have been able to eliminate misfiled documents, reduce the volume of office records by up to 60 percent, and save 40 to 50 percent of filing costs. Workshops will be held in Anchorage (January 16-17), Fairbanks (January 18-19), and Juneau (January 25-26). Tuition is $95. Contact the Productivity Improvement Center at 465-4430 or Jan Hickey at 465-2276 for more information. 1%9 Annual deport by Delbert]. Rexford, President and Scott A. Burgess, Executive Director Excerpts from the 1989 Annual Report pre- sented at the 39th Annual Business Meeting in Juneau. Membership, November 17, 1989. As of November 1989, the AML member- ship stood at 116 member municipalities, a net decrease of 8 since last year at this time. The City of Atka and the Lake and Peninsula Borough, Alaska's newest municipalities, joined the AML this year. The Cities of Akhiok, Noorvik, Pilot Station, and Selawik rejoined the AML this year. Unfortunately, Akiak, Allakaket, Ambler, Buckland, Chefor- nak, Diomede, Eek, Holy Cross, Napaskiak, Ruby, St. George, Savoonga, Scammon Bay, and Tununak dropped their membership in 1989. There are also 63 Associate Members in- cluding 13 municipal association members. This represents a net increase of 6 Associate Members from this time last year. Associate Members include commercial firms, agen- cies, and state departments that show a special interest in local government by sup- porting the programs and activities of the AML. The Alaska Municipal Finance Officers Association rejoined the AML in 1989, New Associate Members are Bradbury, Bliss & Riordin; Browning -Ferris Industries; Davis Wright & Jones; Drexel, Burnham, Lambert; Jensen, Harris & Roth; Law Offices of Richard H. Erlich; Mikunda, Cottrell & Company; Perkins Coie; Public Financial Management; Smith Barney Harris Upham & Company; and Westmark Hotels. Associate Members that dropped their AML membership in 1989 were Chugach School District; Kramer; Chin & Mayo; Timothy E. Middleton; Pribilof School District; and Yukon Kuskokwim Delta Mayors Conference. The AML welcomes its new members and thanks those members that have renewed and continued their membership in and sup- port of the League. Legislation The AML had both successes and failures in the First Session of the 16th Alaska State Legislature. The AML Board of Directors' 1989 legislative priorities included a state aid to municipalities funding package; resolution of the school construction debt reimburse- ment issue; removal of municipal liability im- posed by the Busby decision; revisions of the municipal election code; the exemption from taxation of in -place resources; and an increase in minimum entitlements under State Revenue Sharing Program. With the (continued on page 6) AML NeWdetter Page 5 Annual Repd (continued from page 5) assistance of the AML Board, Legislative Committee, members, and the staff, AML made significant progress on its Municipal Platform. Cuts in Municipal Assistance and Revenue Sharing were held to 6 percent, rather than 20 percent proposed during session, which gave Alaska's municipalities over $13.5 million more than legislators suggested. Proposed cuts of 5 percent in Public School Foundation funding were eliminated. Full funding for the program passed, giving Alaska's municipalities with school powers $46.5 million more than legislators had pro- posed. Proposed cuts to the School Con- struction Debt Reimbursement Program were reduced and, in fact, municipalities ob- tained more funding for this program than the Governor had proposed, thus giving Alaska's municipalities with school construc- tion debt over $8 million more than legis- lators had proposed during the session and over $3.8 million more than the Governor had requested. The AML and the Board -appointed HB 37/SB 100 Task Force worked closely with legislative sponsors to develop and refine legislation (HB 37/S6 100) to resolve the uncertainty surrounding the School Con- struction Debt Reimbursement Program. HB 37/SB 100 would replace the current pro- gram with a school construction grant pro- gram. HB 37 has passed the House, and commitment for consideration by the Senate early in the 1990 session has been given. SB 66, which reduced the impliedliability of municipalities for taking or failing to take persons incapacitated by alcohol into protec- tive custody, passed. 513 173, which revised several provisions of municipal election law to make it easier far local governments to ad- minister elections and for the public to understand Chem, also passed. HB 159, legislation putting into effect a temporary two-year property tax exemption for in -place resources and authorizing a study of the impacts of alternatives to a per- manent exemption, passed the House. HB 159 and SB 1181, the Senate companion bill, are now in Senate Resources Committee, and commitment for consideration early in the 1990 session has been given. HB 101/SB 31, introduced to increase the minimum en- titlement under the Revenue Sharing Pro- gram from $25,000 to $50,000 to benefit Alaska's smallest communities, are in their respective Finance Committees. There were other AML achievements and legislative efforts in the 1989 legislative ses- sion of importance to municipalities. The AML and the AML Joint Insurance Associa- tion, Inc. had SB 268 introduced to allow joint insurance arrangements and munici- palities that self insure to issue bonds to establish reserves. The bill passed and was signed by the Governor. AML monitored the bills dealing with underground storage tanks Alaska Municipal League Fund Balance vs. Current Assets 300,000 250,000 200,000 150,000 100,000 50,O00 0 1985 1986 1087 19as 1989 Fund Balance 0kurrent Assets —na 14J and HB 220— to ensure that municipalities, because they are subject to federal law regulating such tanks, were recognized as "owners" and, thus, would be included within any state program to assist owners repair or replace their tanks or obtain insurance. This may be a major issue during the 1990 session. AML helped defeat proposals to change the formula for distributing shared revenues, gained passage of supplemental funding for the fisheries business tax program for FY 89, and supported extension of the fisheries business tax credit program (HB 33/SB 74). These bills will be debated more during the 1990 session. AML has continued to actively oppose any imposition of mandates on municipalities. During the 1989 session, this included suc- cessful opposition to a series of bills—HB 139, HB 284, and SB 289—that would im- pose strict, and in many cases unreasonable, timelines for payment of bills by local governments. However, these bills and this issue are not dead. AML supported passage of HB 118, which modified the ELF (Economic Limit Factor), thus providing additional state revenue. The AML also suffered some defeats. In addtion to not accomplishing all it set out to, the AML and municipalities were not able to convince the public and the Legislature of the importance of state aid to municipalities. While the AML did manage to reduce the cuts, the key municipal programs did receive some of the largest cuts in the budget. Such disproportionately high cuts compared to the overall budget continue a trend that began in 1986. The difficult battle to be recognized as equal partners in providing services to Alaskans within the state budget and to save the funds passed through to municipalities will continue. Two new AML programs - the AML Board "On the Hill" and fax messaging - assisted the AML in its legislative efforts this year. As a part of two of their meetings in Juneau dur- ing the session, the Board took the AML Mmici ' Phdiorm "up to the Hill"' and talked to looslators, legislative staff, and thr adminislir$ion face to face. In addition, as a reswlt of the increase in fax machines in our member municipalities, due in part to the AML fax purchase program, the AML was able to provide quick information and make timely "action calls" for better member response to legislators. Financial Funk, Baxter, Elgee & Rehfeld, CPA's, of Juneau were hired again this year by the AML Board to perform an audit of the League's finances for FY 89. In their report to the Board, dated November 5, 1988, the auditors found that the League's records "present fairly, in all material respects, the financial position of the Alaska Municipal League at September 30, 1989 and 1988, and the results of its and cash flows for the years then ended in conformity with generally ac- cepted accounting principles." 1989 1988 Assets Cash $153,063 $173,885 Other 90,564 57,361 Total 243,627 • 283,145 Tot. Liabilities 48,435 50,990 Fund balance $195,192 $232,155 Revenues 510,551 463,359 Expenditures 551,014 459,899 Excess (deficiency) of Revenues over expenses (40,463) (23,540) Page 6 December 1984/January 19" The deficiency of revenue over expenses can beatttribteoed to decision by the ward - pf D1000—ft in '1#0 0 mdom" WOWS ind ` 4W-, ex - if �11111*` and hold d6tim dues indmi -m", ovie lttrare years. Copies of tree carrltAm audit are available for inspealon at the AML office in Juneau. At its August rneti tlg, the 11tu ed approved the IFY 90 lbudpt. Tin propcwtf eipendi- tures emceed prmi mc.''l revenues. T e 6owd decided to roduee e0endikuta in -travel, publicatiorm and %dory Incrbeties and to raise FY 90 membership dues 3 percent across the board. This is the' Aft dues in- crease since t984. Evert with Ihe6urd ac- tions to reduce the budgm lend mice reve- nues, anklepetted ekpertdltuFes of$S25,421 will exceed anticipatedrevenues of $482,952. The Board has decided to fund the $42,469 balance from reserves. The 11 tJ wore itiont out in Seph�rrtbet'��Wr�iO d lion figures #Iltp/q rnity and Imo,` II#aiet of is, 1968. Payrnem is rdue jaNrwary 1st. Npavrrtertt is not mceived within W days, municipalities will he dropped from the membership. Members who m dropped for non-payment must pay forthe entire year to rejoin during that year. Program The AML Board approved and kn- atemented the "EvoWkrtce in Laical Govern- ment fjolt**�' this year Under the pro- gram, tltse AArfl: w4 recogniao Incowdyrals as the Municipal Official of the hear, boith elec- ted and appointed; those who have made work tion" and than V*00111y of Alalelk putt lll"i tits "09 Municipal Clerks Institute in Aillobaiks In cipal Cleft tA,AMiCJ- Forty-one tMlOrks, most of whom are toward thettr Cortitied Municipal Clerk designation, attend- ed the Institutje, At this year's JrtNAw, the AAMC, in c6o pera lloh with the +t ML and the Department of Community and Regional Af- fairs, began developing a new Municipal Clerk's Handbook. Sixty-fiaur elected municipal officials at- tended the 1 1V2 clay Newly Elected Officials Seminar in, fairbanks last November. The program, hdd In conjunction with: the an- nual where for the convenience of AML members* has pin to be a popular annual program of the A04. AW has continued to provide services to the Alaska Municlpall Management Associa- ion (AAWA) and *0 Alaska Conference of Mayors (ACoMf under separate service agreements, The AML has assisted the AMMPI with Iw lAanse Rider Program this year. The Municipal Interim Management Services Program of the AMMA, AML, and DCRA, which began in July 1909, has grown in the size of the talent bank and in As of October 1, 1989, AML made fac- sirrift (bx) machines available to members at a disctounit poke through an agtneernent whet The Ofto Piece. fox muachinel<s have oluicltJy becorne. an Indite cotrununi- catiorts ligre 14or business.. As noted above, tax conrrr+tr�ettlo =.rrrkh our nmw6er*p has mow 'dill i-tht► A#wiE;'s 40AWire provam �e As of;j ulyr 1, 1989, the Alaska Municipal League Joint Insurance Association, Inc. began Ba , ►r of #pera*n, providing proper awrid and risk man , nt services to *0i A it M16mili er- ship. Ten new municipalities have Joined 'the AMUJIA so far this year. As of November, 47 member municipalities and school districts are it ,;in the pin. 8ttdb , ,who joined the AMUJIA staff as Admires last November, aesigried in June because new, AML.Execu- tive Director S Ilu has guided the program sincetlwen as t uupAdrniaictrator. Administrative AsOOA 10— Wiled was hired in January1t1 '. 'I %e AMUJIA shares offices xdth the AML lm JUneau. A greet deall of core drt gees to the Interim Board of S'hatees, the CIA and AML staff, Arthur J. +qallalIlh er, and the participants for their work wid commitment and service to krca# govetnments. The new Board of Trustees willtake over for the Interim Board at the AMUJIA second annual, meeting in Juneau just prior to the AML Conference. The AMUJIA is a major program of the AML for its members: The AML41A is a pooled risk marnapprneent program formed under AS 21.76 and p ovilding property, workers competisation, general and 'auto liability, police professional, and public of- ficials errors and omissions coverages for municipalities and school districts. The pro- gram allows the participants to control their risk costs and provides real incentives for ef- fective loss control and safety. Hopefully, as more municipalities warn more about the program, they will choose to join the AMUJIA and help build a stronger and more cost-effective program. The AML Board approved and presented "The Strategic Plan of the Board of Directors of the Alaska Municipal League; A Plan to Guide the AML for the Next 3.5 lhdars" in 1987. Major work program tasks that were completed this year include continuing cur- rent programs and service to the municipal and association members to at least maintain membership;, deweloping;a proactive and pri- oritized leoslative program; evaluating the annual conference; dniftloping an awards program; providing ANIL press releases; and adopting an impletalterttation plan and budget. Recognising the importance of the annual conference, the f bard appointed the Annual Conference Review Committee, chaired by Board member (Kristin Lambert of Soldotna. The committee has made, a number of re- commendatioas intended to improve the conference which have been presented to the membership in the AML Newsletter and in the conference materials. The recommen- dations are now before the AML Legislative Committee and Board for review. Legiswiwre ci mmn b , The AML Legislative Committee under the leadership of Mike Scott, City Manager of (continued on page 15) Alas" Municipal Leeaw 19it9 Revenues 3.70% 10. rw•, I♦ Hosibership i Dues ❑conferobe* 15.70% 52.341 O'Raisrbursables 6 Other 0 Sale of Services ® Lntoust 17.46% AML Newdetitrer Page 7 r •� "As awry* aye► CankrMce >w W00410 kt nwh*. 44"" wilh taeNlal�w +w�er1��w� ' OW iyNr rthft ROOM" 46 to oor o" ltr ,0, rrtivy il. ors City Attorney, City of Kenai Noma "I attended my first AML Conference in 1975. This was by far the best! Finak a banquet at which: speakers spoke with sincerity and feeling. Attendees came away feeling they had taken por in sameohing sp eciat" Anonymous Conference Evaluation Page 8 December 1"9/January 1990 "Everything seemed to more smoothly and efficiently." Bob Brodki h4wr City of No" "I haw been Boing to municipal I%gue confer for aboid 76 yearsr" I think that the recent AML conference in. Juneau was the best I have attes" ... Upon returning to Pietersbur& we Winne reports to: the remaining Couna Mei� and distribWed copies of the program to show them what they missed. AN of those attendkq from Peter " indlcaftd that Osey had haarned sonwffikv& that the time spent was valu Me, and considered the event most worthwhile!' Dave Palmer, City Manager City of POtersburg AML Newsktter Page 9 Commissioner's Corner David G. Hoffman Department of Community & Regional Affairs It was pod to see so marry friends and ac- quaintar ail in Juneau last month friar the an- nual AML Conlarlence. Although tho-wtrrei ier may have upisrAgt the travel plans of wi me, it didn't dampen enthusiasm of then who were able to ni it. All in all, the con- ference was a 'toccess. CongratuUit ons and thanks ari to Scott Burgess and his tireless stai�ulled it off. The cortfetlenrde allkmred us to meet new friends and rdi tww old acquaintabut:es. You got a chainlco f0i tell us face4o-face what we're 4WAS 1 dot and what v*m doing wrong. I hopie it was as valuable to you as it was to us, The departmOvit's booth in the hobby of Juneau's Ce ntielinial Hall was the ceri of much activity Ir g the coin' reme. Mille Black, Mittgei c gtuse, and Paul Day stocked it with all the Ioest publications aimed at making yoO(Jp p little easier. The updated Title 29 powelo ai to be one of the most popular pwblicautirans Although we brought two cases of kh Ib! oc& with us, demand was so great viree raft out the first dad Those who signed up for the publications will be getting their copies in the mail shortly, if they haven't already arrived. Municipal and Regional Affairs Deputy Director Jim lrlIasman and MRAD's South- cemtral ltm$iion Supervisor Jim Sanders met with sevi itati I l officials during the Agency Roontitablle, ,ww ile other department repre- sentatives portiollprated in a number of policy sections and workshops. We found it all worthwhile. Governor Wanrilisof Budget Pressures The confereinice's keynote speaker, Gover- nor Cowper, warned that changes at the federal level are forcing the State to modify its prograrrr5 and, budget, which, in turn, af- fects local officials. Changes to Medicare, welfare reform, and PL 874, for instance, are forcing the state to pick up more of the tab for those programs. That's money off the top of next year's budget. As a result, the Gover- nor cautioned, the State won't have as much for other needs. The era of locally elected of- ficials going to Juneau in January with a wish list of projects is rapidly drawing to a close, he said. With this change, there will be a shift ACCOUNTING / M111001i Ernst & Young Funk, Baxter, Elpe &Rehfeld ClWs Hogan, Mecham, Richardson & Company Mikunda, Cottrell andCampany Peat, Marwick, Main &Convany ATTORNEYS Birch, Horton, ginner, Cherot & Anderson Bradbury, Bliss, wo lbordan Davis Wright and Jones Law Offices of "rd H. Erlich Fleming and Asiodates Hughes, Thorsnew Lantz, Powell & Brundin Jensen, Harris and Roth Perkins Coie Preston, Thorgrirntoa, Ellis & Holman Robertson, Mona* & Eastaugh, P.C. Wohiforth, ArgeuinW, Johnson and Brecht CONSULTING/PLANNING Alaska Department of Community & Regional Affairs Alaska Office of Management and Budget Alaska Pacific Consultants Alaska State library and Archives Ginny Chitwood & Company EDUCATION /TRAINING / INFORMATION Adak Region School 'District Lower Yukon 5dooW District Rasmuson Library, University of Alaska ENGINEERING CH2M Hill Consulting Engineers Council of Alaska (CECA) James M. Montgomery, Consulting Engineers, Inc. Ott Enginieering, Inc. U RS Consultants, Inc. FINANCIAL SERVICES! BANKING Alaska Municipal Bond Bank Appraisal Company of Alaska Drexel, Burnham, Lambert First Southwest Company Jr t Ntrom & Go iftla JG Inc. NAlonai Rank of Ai Pruderuial-Bache 0"W FuW Pul)k Rminnial MariMl eNh, Inc. Seattle Northwest Sec�a�Macs>`cwp Won Si mity Patine Bank boon N.A. Shearson LtDttir m Sii M, SWAY, Waniiii; Wphatn & Company INftiRiltNa /INSKMANAG"NT Adlustc0 Inc. Arthur J. CAllai andl Co Many Crrrrsror & Nwk, Inc. Jahn L. CAvp, Risk Management Consultant MWNKMttIA OCUtZIKINS Alaska Amsdation arf Arm Officers Alaska A9toclalliw 011010401 Police Ab skaA#MoiGiatir3n d Municipal Clerks Alaska Chapter/American Planning Association Alaska Conference of Mayon Alaska Fire Chiefs Association Alaska Municipal Attorneys As iation Alaska Municipal Finance Officers Association Alaska Municipal Management Association Alaska Parks & Recreation Association Alaska Women in Government North/Nortisnmest Mayors Conference Southwest Alaska Municipal Conference NATIVE ORGANIZATIONS Tlingit and Haida Indian Tribes of Alaska OIL & GAS EXPLORATION ARCO Alaska, Inc. Chevron U.S.A., Inc. TRANSPORTATION I LODGING Alaska Airlines Westmark Hotels WASTE SYSTEMS Browning -Ferris Industries For more information on these firms and organizations, please consult the AML Local Government Products and Services Directory, 1989. in emphasis from state to local government and a new kind of balancing act as local of- ficials try to find what services their local communities really want —and what they are willing to pay to get those services. Speaker Offers Good Advice Thursday's featured speaker, Bill Daniels, picked up the Governor's theme to give some valuable tips for coping with the changes we're now experiencing. He urged those attending his workshop to take inven- tory of their power, then use it. He suggested that local officials in Alaska have more power than they recognize, especially as the State scales back its budget. Find that power, Daniels recommended, and then use it to negotiate for what your community needs. Living in a community with daily contact with your neighbors makes local officials bet- ter able to identify and react to their needs. Win their support —and their votes —to tap a source of power. Then you can negotiate from strength, Daniels said. Don't talk about abstract budgets and programs, but specific problems and solutions. That's a way of get- ting your message across to state officials. After three years in the Commissioner's office watching the inner workings of state govern- ment, I think that's good advice to follow. Par 10 December 19119/lanuary 19% Steve Wells, the new AA401A'Administrator, and AMU11A Administrative Assistant Peggie Ward AMUJIA Names New Insurance Administrator Steve E. Wells will lead the Alaska Municipal League Joint Insurance Associa- tion (AMUJIA) into the 1990's as he begins his new position as the AMUJIA Insurance Administrator on December 20, 1989. The AMUJIA is a program of the Alaska Munici- pal League. It began providing pooled risk management services to municipalities and school districts In July 1989 and currently serves 48 municipalities and school districts. The AML/PA has been administered by AML Executive Director Scott A. Burgess since June 30„ 1989, when Bob Healey, the former Insurance Administrator, resigned. Under a service agreement with the AML, Burgess will oversee the AML/JIA program and the AML will provide other services to the AMUJIA. Steve Wells was confirmed as the AML/JIA Insurance Administrator by the AML/JIA Board of Trustees in November. Wells was most recently Risk Manager for the Southern California Joint Powers Insurance Authority in La Palma, California, resigning that posi- tion to begin work as the AMUJIA Insurance Administrator. The California Joint Powers In- surance Authority is an insurance pool pro- viding health, property, workers compensa- tion, and liability programs for 58 California cities. Originally from Mississippi, Wells also served as Risk Management Administrator for the City of Coral Gables, Florida (where he was also an Assistant City Manager In- tern). Before that, Wells was a hydrogen sulfide safety consultant training employees and supervising safety operations on off- shore and on -shore oil rigs in Saudia Arabia and in the Gulf of Mexico. He comes to the AMUJIA with excellent experience and train- ing in safety procedures and loss control, a critical component of the AMUJIA program. Wells and his wife, Cindy, have three young children and will make their home in Juneau. New AML/JIA Board The new leaders of the AMUJIA were in- troduced at the Second Annual AMUJIA Meeting November 15, 1989, in Juneau. The AMUJIA is governed by a Board of Trustees appointed by the AML Board of Directors. The newly elected Chair of the AML/JIA Board of Trustees is Steve Bain- bridge, City Administrator, Nenana, who served as an interim trustee during the pro- gram's development and first year of opera- tion. Other interim trustees who were ap- pointed to the new board are Vice Chair Richard Underkofler, City Manager, Soldot- na, and Joe Evans, AML Director and An- chorage Assembly Member. New trustees are George W. Carte, AML Past President and Mayor of Palmer; Lyle W. Larson, City Manager, Dillingham; Dave Palmer, City Manager, Petersburg; and Michael Scott, City Manager, Kotzebue. David Soulak, City Manager, Palmer, has been reappointed as Treasurer for the AMUJIA, and Scott A. Burgess, AML Executive Director, is an ex- officio member of the Board. The AMUJIA has been administered by Burgess, with the assistance of Peggie J. Ward, Administrative Assistant. MuntiaipalWes Honored for Low insurance Claims The Alaska Municipal League Joint In- suranceAssociation, Inc. (AMUJIA), recently honored 30 of its 37 charter members for their excellent loss control management dur- ing the prograitt's first year of operation. Awards were presented during the AMUJIAs second annual meeting on November 15 in Juneau. Deceiving the Gold Award, for submitting no reported claims from July 1, 1989, through JLme 30, 1989, were the cities of Bar- row, Chuathbaluk, Eagle, Hooper Bay, Huslia, Kotlik, Nenana, Nikolai, Ouzinkie, Tenakee Springs, Unalakleet, and Wainwright. Municipalities with a claims/premium ratio of less than 25 percent received the AMUJIA Silver Award. They included the cities of Akutan, Angoon, Dillingham, Elim, Em- monak, Golorin, Nome, Nunapitchuk, Port Lions, Quinhagak, St. Mary's, and Soldotna. Receiving the Bronze Award, for claims/premium ratios of less than 50 per- cent, were Cordova, Craig, King Cove, Palmer, Seward, and Shishmaref. Risk control services, consulting, and train- ing are important functions of the AML/JIA, which was organized as a member service by the Alaska Municipal League to help provide affordable and obtainable insurance coverage for Alaska's local governments. Good loss control and safety management are the keys to the success of the AMUJIA program. In addition to avoiding injury and property loss and damage, good risk management can reduce claims and, as a result, save money for the participants. Scott Burgess, AML Executive Director, hands a "Gold Award" to Nancy Cannington, City Manager of Unalakleet. Unalakleet and eleven other municipalities reported no claims for the first year of the AMUJIA operation. AML Newsletlter Page 11 Federal Funds Available for Records turning Federal grants for improved records and file keeping are available to state and local government, agrrrrcies, Native American tribes, nonprofit organizations and institu- tions, and other groups and individuals through the Alaska State Historical Records Advisory Board. The Board is the central advisory body for projects and record planning in Alaska and makes recommendations for grant awards to the National Historical Publications and Records Commission. Grant funds are available for a variety of projects that support efforts to preserve and make available records, photographs, materials that docu- ment local history, and many other materials. The National Historic' Publications and Records Commission funds projects that use accepted professional standards to con- tribute to the development of new or im- proved records programs and make records of key national and regional historical significance available for use. Activities that have received grant funds in the past include the development of improv- ed records programs for state, tribal, and local governments and private organizations; education and training of archivists, records custodians, and historical agency ad- ministrators; and arrangement, description, and preservation of historical records. February 1, 1990, is the application deadline for the June meeting of the Alaska State Historical Records Advisory Board. in June the board will consider applications for archival programs for local governments, museums, service organizations, religious in- stitutions, and other nonprofits, as well as ap- plications for collection projects (arrange- ment, description, preservation, etc.) of documentary materials. There are later deadlines for statewide projects and pro- posals addressing the Native American initiative. For more information about the applica- tion process and whether or, not your local gowarnmrsent's tech ph4ectJmay qualify for funding, contact !1t"irginia Newton, State Coordinator for the Alaska State Historical Records Advisory Board, 465-3375. New Publications Available from DCRA Need to know when revenue sharing ap- plications are duels Have a Tide 29 question? Having trouble finding information in the Local Government Handbook? The Depart- ment of Community and Regional Affairs has the answers for you! The Local Government Calendar is in the mail to you. The calendar notes all the im- portant dates you need to know, has general historical information, and has tips that can help you do your job. This year it features Municipal Calendar January 11 "Establishing a Drug -Free Workplace," presented by Alaska Pacific Consultants, Clarion Hotel, Anchorage.. Topics include the costs:of f drug abuse in the workplace, new federal laws and requkemenlEs, drug testing, and solutions. Cost is $95 per pe#n in aI $110 at the door. For more information contact Alaska Pacifkc Consultants at 562-4327. January 16-17 "File Management Workshop," sponsored by the Productivity ImII provement Center, Division of Personnel, and the State Archives and !» Division of the Alaska Department of Education, AW ch rap hop is designed to reduce the volume of office records, cut costs by up to 50 percent, eliminate miles, and more. Tuition is $95. For more information contact the Productivi- ty Imp"! ment Center at 465-4430. January 18-19 "File Management Workshop;' Fairbanks (see above), January 25-26 "File Management Workshop," Juneau (see above). January 26-27 "Saving Alaska's Public Buildings," cosponsored by the University of Alaska and the Alaska Municipal League; Hotel Captain Cook, Anchorage. For more information call Nadine Winters, 457-6258. January 31 Alaska Conference of Mayors Meeting, Juneau. January 31- AML Legislative Committee Meeting, Juneau. February 1 February 1 "Local Government Day' and AML Legislative Reception, Juneau. February 1-2 AML Board of Directors Meeting, Juneau. For more information call the AML at 586-1325. March 3-6 "1990 Congressional City Conference," National League of Cities, Washington, D.C. Briefings on federal issues of importance to municipalities and opportunities to meet with members of Con- gress. Registration before January 31 is $250 for direct members and $325 for others. On -site registration is $285 for members and $360 for non-members. For more information call the National League of Cities at 202-626-3100. March 1� "Municipal Clerks Institute," sponsored by the Alaska Municipal League, Anchorage. For more information call the League at 586-1325. March 17-20 "NACo 1990 Legislative Conference," sponsored by the National Association of Counties, Washington, D.C. Registration before February 9, 1990, is $195 for member boroughs and $225 for non- member boroughs. On -site registration is $225 for members and $275 for non-members. For more information contact the Na- tional Association of Counties at 202-393-6226. April 3-4 Conference on leadership ethics in government/business sectors sponsored by the University of Alaska Southeast, Juneau Rotary Club, the Alaska Municipal League, and others; Centennial Hall, Juneau. For more information call the AML at 586-1325. communities and great pictures! It's been a few years since an updated Title 29 has been printed. They're hot off the press and were mailed to each municipality. If you need more, let your regional DCRA office know. You can't miss the new version —it has a "day glow" green cover. If you're like most, you've wanted a subject index for the Local Government Handbook. Well, you've got one! Copies were mailed to everyone with a handbook. It's printed on blue paper so you can find it fast in your binder. If you didn't get an index and need one, contact your regional DCRA office. All DCRA publications are available from the MRAD regional office nearest you or from the Anchorage office. Call the An- chorage office at 563-1073. Page 12 December 1989/jartuary 19% Oil Spill Aftermath: What Hiles We Imlrelleldl by Alexis Miller International and national media featured the oil spill of the Exxon Valdez daily for more than six months from late March through mid -September. Alaskans were in- undated with information about the ecolog- ical impacts of the spill, but what about the sociological impacts? Mayors, city managers, state employees, a Coast Guard representative, and the Com- missioner of Environmental Conservation — people who were all directly involved in the aftermath and clean-up of Alaska's biggest oil spill —talked about these issues during a pre- conference workshop in Juneau. According to Chuck Ramage, Associate Coordinator for Emergency Medical Ser- vices, Division of Public Health, along with the biological ecology, the social ecology of the numerous communities affected by the oil spill was also disrupted. Ramage said, "Every community affected by the oil spill depends to a very large extent` on fishing for its livelihood. We will never know the full extent of the grief suffered by the many people who were not able to earn their normal wages this past year because of the fishing closures, or were financially hurt for other reasons associated with the oil spill." Ramage noted that in many com- munities and vigages'subsistence is a way of life and represents the primary food supply. Immediately after the spill, the Depart- ment of Health and Social Services sent staff to Valdez and other impacted areas to over- see all social and health programs created by the disaster. Ailirnilige said th4 the depart- d kalservices and p slcal health t4ams and sen- Now that thol iirst phase of the clean-up is completed, 90WO11e' sold, at'Iit *AnW is upon us,1he dlepattMent is anticipating a new set of glrbplems. Of primiary concern among those Otoble ns are depression, alcohol and dru aituse, arid,familly violence. The De- padiiiont cif Health and Social Services, in cooperation with the Goirern or's Oil Spill Coordinating O!Fflr;cit, has placed many family service workers, ikoholisrn counselors, and metital health personnel in various commun- ities to assist with these anticipated prob- lems. "Only time will tell what the spring will bring," he said in concluding his remarks. Another person who spent more than his " share of time under the gun and agonizing over the ecological problems was Commis- sioner of'Environmental Conservation Den- nis Kelso. Kelso noted that this disaster and its aftermath have indeed been a bitter learning process for the State. Commissioner Kelso told the audience that Governor Cowper has designated $6 million for local communities and municipalities im- pacted by the spill. This money comes from a $50 million Oil Spill Reserve Fund estab- lished by the Legislature last spring. Kelso added that an additional $1.4 million will also be available for local communities. A $35 million revolving loan fund created by statute under provisions of the Clean Water Act should also aid communities in dealing with the financial loss from the fisheries closures and other environmental impacts of the spill. This fund, administered by the Coast Guard, has been used to monitor the clean-up activities, according to Coast Guard Commander D.D. Rome of Juneau. There are other funds available to com- munities and to the State to deal with the problems created by the spill. The Municipal and Regional Assistance Division, Depart- ment of Community and Regional Affairs, has established a grant program for impacted communities. In the first round of grants the "Oiled Mayors" Subcommittee of the Alaska Conference of Mayors received a $600,000 grant to complete a social and economic im- pact study. The catch in qualifying for these grants is that the project has to appear to be reimbursable by Exxon. The Oil Spill Response Coordinator for the City of Cordova, Mead Treadwell, said that the number one concern in his town is whether fishermen will have an uninter- rupted fishery next year. Treadwell noted that there are many people who have made enormous amounts of money because of this disaster. He added that those people, who are referred to as "spillitmaires ' believe that they have something up on everyone else. Treadwell doles not think this ils good for the overall morale in his community or in any other. He added than the "Oiled Mayors" group wants to ensure that communities Can get money to take care of these disasters re0oac- tively and prospectively' and that legislation is needed. A citizens advisory committee is also needed to' review the Oil Spill Con- tingency Plan and to act as an independed watchdog. This is necessary to "break down the Berlin Wall between fishermen and in- dustry officials," Treadwell said. He asked that Commissioner Kelso include a strong legal and social plan within the Response Plan to aid communities should a major spill ever occur again. Unlike many other communities hit by the oil spill, Homer had time to prepare and ex- ecute a plan of action. Susan Regan, Plan- ning Coordinator for the City of Homer, said that her town had enough time to boom off specific areas that were saved from the spill, but even with the lead time it was still, in her words, "from a planner's perspective, a disastrous nightmare:' Once the oil hit the Homier beaches, local officials realized there was nothing in the ci- ty's comprehensive plan to deal with disas- ters like this one. The city came up with four stages or components to handle the spill. The first three stages —protection, preven- tion, and preparation —involved interaction with other agencies and groups, recognition of resources, and gathering historical infor- mation from other states and agencies on how best to combat the oil. The last stage — reputation -was the most important to Homer residents. Once the oil had been cleaned off the beaches, how would the community counter the flood of oil spill publicity and again promote the area?. Regan said that Homer is a favorite recreation and vacation spot for Alaskans and non -Alaskans and the community is working hard to literal- ly clean up its image. The town of Valdez, the first town to be hit with the impact of the oil spill, if not the oil itself, is a community that faced a very tough job —how to clean up the mess and deal with the influx of people. Doug Griffin, City Manager of Valdez, reported that the popu- lation of the town ballooned from 3,500 to 11,000 people. The community immediately looked to find the "biggest bang for the buck," he said, and tried to find lodging, food, and other products needed to support the demand. Griffin noted that although the fishing in- dustry was hard hit, the tourism industry was equally affected and he felt that the Division of Tourism's advertising campaign wrote off Prince William Sound. The Division used a picture of Marilyn Monroe without her beau- ty mark and emphasized that Alaska was still a beautiful place to visit and that only a small area was impacted by the spill. Residents of Valdez were not happy with the ad, but the Convention and Visitors Bureau in Valdez has capitalized on this idea in their current promotions with an advertisement that reads, "The beauty mark is back. Visit Valdez in 1990!" Jerome Selby, moderator of the oil spill workshop and Mayor of the Kodiak Island Borough, said that the summer of 1989 will be remembered as a summer of frustration. He noted that one of the chief lessons learned is that municipalities and com- munities cannot plan out exactly how to deal with a disaster like this one. Rather, the key thing to remember is flexibility; you can't plan out every detail in the response process. Another important thing to remember, he added, is that you can't get complacent. Everyone thought that it couldn't happen here and that it wouldn't happen to us. But it did happen! AML Newsletter Page 13 1990 Mu WWI Association Officers Alaska Assodation of Assessing Officers President - Mary E. "Micki" Keller Municipality of Anchorage Vice President - Steve Van Sant Municipality of Anchorage Secretary/Trieasurer- Kathy Kibbee Fairbanks North Star Borough Alaska Association of Chiefs of Police President - Michael L. Daugherty City of Homer Vice President - Duane Udland Municipality of Anchorage Secretary - George Novaky Municipality of Anchorage Treasurer - Captain Glen Godfrey, Anchorage Alaska Association of Municipal Clerks President - Patty A. Polley City and Borough of Juneau 1st Vice President - Jeanne Donald City of Valdez Secretary - Susan Johnston City of Haines Treasurer - Linda Conley City of Nome Alaska Chapter/American Planning Association President - Elizabeth Benson City of Fairbanks Vice President - Peter Freer, Juneau Vice President of Professional Develop- ment - Stuart Denslow City and Borough of Sitka Interior Region Vice President - Tom Duncan Fairbanks North Star Borough Southeast Region Vice President - Wells Williams City and Borough of Sitka Southcentral Region Vice President - Gary Hennigh, Anchorage Treasurer -Tom Gallagher, Fairbanks Alaska Conference of Mayors President - Willie Goodwin City of Kotzebue Vice President - Bob Brodie City of Kodiak Secretary/Treasurer - Ralph Gregory, Jr Ketchikan Gateway Borough Alaska Fire Chiefs Association President - Charles Lundfelt City of Valdez First Vice President - Andy Postihek City of Kenai Alaska Municipal Attorneys Association President - Michael Gatti Matanuska-Susitna Borough Vice President - Eugene Hardy Fairbanks North Star Borough Secretary - Elizabeth Cuadra, Juneau Treasurer - Gordon Tans, Anchorage Alaska Municipal Finance Officers Association President - Barbara Willows Municipality of Anchorage President -Elect- Robert R. Wolting City of Fairbanks Secretary - Joel Wilkins City of Soldotna Treasurer - Erling Nelson City of Wasilla Alaska Municipal Management Association President- Brian Phillips City of Fairbanks First Vice President - Polly Prchal City of Nome Second Vice President - Tom Healy City of Skagway Secretary/Treasurer - Doug Griffin City of Valdez Alaska Parks and lion AssocWion President - Kayo McGillivray City of Kenai President -Elect - James DuMont City and Borough of Juneau Secretary - Arnold Albrecht U.S. Forest Service, Juneau Treasurer - Rae Foutz Municipality of Anchorage Past President -Robert O. Robertson Municipality of Anchorage Alaska Women in Government Chair - Caren Robinson City and Borough of Juneau Secretary - Marian Estelle City of Petersburg Treasurer- Mona Lisa Drexler Fairbanks North Star Borough North/Northwest Mayors Conference President - Albert Washington City of St. Michael Vice President - Willie Goodwin, Jr. City of Kotzebue Secretary - Bob Foote City of Unalakleet Treasurer - Reggie Cleveland City of Shungnak Southwest Alaska Municipal Association Executive Director - John Levy, Anchorage Municipal association representatives sat at the head table for the Thursday general session. In the front are Father Vic Capriolo, Cathedral of the Nativity; Patty Ann Polley, Alaska Association of Municipal Clerks; Polly Prchal, Alaska Municipal Management Association; and Heather Flynn, AML Past President. In the back row are Bill Shechter, Alaska Fire Chiefs Association; Craig Duncan, Alaska Municipal Finance Officers Association; Michael Gatti, Alaska Municipal Attorneys Association; Peter Freer, Alaska ChapterlAmerican Planning Association; and Caren Robinson, Alaska Women in Government. Page 14 December 1981/1anuary 19% Munkipalities Should Be Cb1l�llll W, MenW Hkeekh The Alaska Mental Health Board surveyed municipal officials in June MrS to tine the mental health: needs, of Alas4m munici- palities. 5urv*r watt, returned by 62 munici- palities representing about 71 peirdentof the Staters population. The eeesults meal "substantial unmet men- tal health needs" and "a definite 01fleirrence between local and state need estimates:' Two thirds of the respondents did not feel the needs of the mentally ill who lived within their local governmenit's jurisdiction were be- ing met. The other third felt the needs of the mentally ill were being met and cOWd idittn- tify agencies or persons that delive0A mental health services. However, mast of these of- ficials later identified additional mental health programs, services, or factilies need- ed in their area. Only 15 percent of the respondents thought that their area had suf- ficient mental health resources to meet their needs, Many community leaders responded that alcohol and substance abuse prevention and treatment programs, domestic violence pro- grams, child care, and suicide prevention programs are presently inadequate. The Alaska Mental Health Board'conclud- ed from survey results that there are large holes in the fabric of services currently being provided and that local government leaders know where these are. The Board: concluded many areas are "blatantly underserved" and services are not integrated into the local communities. It recommended 'improved coordination with the officials of each municipality and said that state managers should seek more information from local government officials, the Alaska Municipal League, and the Department of Community and Regional Affairs. For a copy of the Board's complete report, call Kathryn Cohen at 465-3071. Annual Report (continued from page 7) Kotzebue, assisted the Board and staff with the AML legislative program this year. The Legislative Committee recommended an up- dated Policy Statement and grouped policies directed at federal and State actions affecting municipalities indirectly within each policy section. The Legislative Committee also re- commended legislative priorities for the Municipal Platform. The 1990 Municipal Platform will focus the AML's legislative pro- gram for the second year. Board The AML Board of Directors met five times this past year to set AML policy and to spear- head the legislative program. The Board held reception. A popular program, the NEO saw increased enrollment in 1989. its August meeting in Barrow as the guests of AML President Delbert Rexford, the North Slope Borough, and the City of Barrow. AML President Delbert Rexford appointed Mayor Heather Sewell of Anderson to till the District 6 seat created by the AML constitutional amendment approved by the membership last year that separated Fairbanks and Fair- banks North Star Borough into a separate AML District 7. AML Districts 7, 8, and 9 have become Districts 8, 9, and 10 under the amended Constitution. Meetings In addition to attending the AML Board and Legislative Committee meetings, the AML Board and staff represented the AML and Alaska at a variety of national, regional, and statewide meetings during the year. These included the 1988 National League of Cities' (NLC) Congress of Cities in Boston, Massachusetts; the NLC and National Asso- ciation of Counties (NACo) legislative con- ference meetings in, Washington, D.C.; the NACo Western Interstate Region (WIR) an- nual meeting in Great Falls (Cascade County) Montana; the NACo Annual Conference in Cincinnati (Hamilton County), Ohio; the Southeast Conference in Skagway; the North/Northwest Mayors Conference in Noorvik; and the "Public Service in Alaska" Conference in Anchorage. AML President Heather Flynn was ap- pointed to serve as Vice Chair of the NLC Human Development Steering Committee. Rosalee Walker of Juneau also serves as a member of the NLC Human Development Steering Committee. John Williams of Kenai serves on the NLC Economic Development Steering Committee and the NLC Small Cities Council. John Devens of Valdez serves on the NLC International Trade Committee. Paul Chizmar of the Fairbanks North Star Borough represents the AML on the NACo Board of Directors. Betty Glick of the Kenai Peninsula Borough was elected First Vice President of NACo-WlR and will take over as President at the Wift annual meeting to be held in Anchorage in May 1990. NACo Presi- dent Ann Klinger appointed Paul Chizmar of the Fairbanks North Star Borough tothe En- vironment, Energy and Land Use Steering Committee; Betty Glick to the Public Lands Steering Committee; Mayor Juanita Helms of the Fairbanks North Star Borough to the Community and Economic Development Steering Committee; Mayor Dorothy Jones of the Matanuska-Susitna Borough to the Health Steering Committee; and Rose Palm- quist, also of the Matanuska-Susitna Borough, to the Agriculture and Rural Affairs Steering Committee. AML Staff and Juneau office There were no significant changes in the AML staff this last year. Kevin Smith of Juneau, who joined the AML as Staff Associate in October 1988, continues to serve the AML. Kevin has been instrumental in computerizing the AML and AML/JIA operations. Glenda Cate of Juneau, who joined the AML as Secretary in August 1988, also continues on as a valuable staff member. Both of these positions were created in re- sponse to the objectives of the Strategic Plan to do what the League does better. AML Pro- grams Manager Chrystal Stillings Smith and Administrative Assistant Phyllis Larson have become familiar AML employees and contin- ue to make valuable contributions to the League. The AML office is still located on the second floor of the National Bank of Alaska Building. The office space is shared with the AM L/J I A. AML Newsletter Page is Vacand s od i,_& Masks fop. 3,668) is seehJie a ftW Vftio Maintetsa iwe Super - it rstel .; vtt�ts uttic"supervi- siont +Id Pow W&6 Dk*tw and has of mpesty, ilnfillaqou and ettwprrwl m owned ovw "so - quints � apt, accawtr+ts. - quires -16 yelars N y resiltonsible relaited tttcJae�rieencrswirl'+ 0411�401 45 years in a mi ry position'. hilunicipal public works (tile' prlii�Ie awitracor expe fence in opemfkwcairld #r# Opir I 011ce of ,stem drainagtt, of vttet gradsew systierrait desiftd. Wail ae hW* Lstwnlll III Certillicatp t from .yAl � y��,�y 'l� � Salisry testa i s $39rli ?453�y1i'Ioi60660% OW060 "R7. Submit a resurihe,'iriiclutfing employment and compensation history and three employ- ment references by 5:00 p.m., January 5, Resolutions Adopted The following resolutions were adopted by the members of the Alaska Municipal League on November 17, 1989, in Juneau. Resolu- tions and the 1990 AML Polity Statement will be mailed to all members in early January, and additional copies will be available from the AML office, 586-1325. 90- 1 Education Amendment to the State Constitution 90- 2 Taxation of Oil and Gas Properties 90. 3 Communities Impacted by the Exxon Valdez Oil Spill 90- 4 Shortfalls in School Debt Reim- bursement for Fiscal Years 1989 and 1990 90- 5 National Policy of "No Net Loss" of Wetlands 90- 6 Alaska Marine Highway System 90- 7 Alaska Regional Development Organization Program 90- 8 Alaska Energy Authority 90- 9 Power Cost Equalization Program 90-10 High Seas Driftnets 90-11 Indemnification of Municipalities with Contract Jails 90-12 Crime of Bootlegging Alcohol 90-13 U.S. Coast Guard 90-14 Funding for Former Community College Campuses 90-15 Fish and Game Advisory Process 90-16 Exchanges with the Soviet Far East 90-17 Statewide Municipal Investment Pool 90-18 "Cities Fight Back Against Substance Abuse' Week 1990, to Patricia Burdock, City Clerk; 177 North Birch, Soldotna, AK 9�W. Jt46 description available from DavW llGt WwV, Public Works Dinlow, 2b2-91i07.1t*City of Solda ft is an ix t rtLv* +ptb;; of caw"_CRY of MaaW No", AWaa 4 i$00king +a"Viector of the mom, *ion lr: $42,t1ft F00 and relent ewes. Ptsitiorir is rellp0niolk for all alb) pttograr" using thi,krt lieJr Ong lanes, racquetball courts, gym, weight center, and development and management of the departmental buds ($400K). Knowledge of recreational programs, budgeting, inventory control, and govern- mental reporting desired. Applicant should have a degree in business Administration with strong interest in sports. Good com- munication skips are needed. Submit resume to City of Nome, PO. Box 281, Nome, Alaska 99762. FAX 907-443.5349 Attn: Polly Prchal, City Manager, Deadline: January 15, 1990. 19% A04L L14slative Committee Caltre =Cbsk—Kodlialk Island BoroughlaseShoCommittee Advisor --won, Thom, His & Holman, Anchorage Subcommittee on Education, Municipal Elections, and Local Government Powers Michael Gatti, Chair David C. Crowe Matanuska-Susitna Borough City of Kodiak Nancy Gross, Co -Chair Cheryl Edenshaw City of Cordova City of Kotzebue Kevin "Pat" Parnell, Co -Chair Sam McLane Municipality of Anchorage Kenai Peninsula Borough Lanston Chinn Cheryle Wolf -Tallman Bristol Bay Borough Ketchikan Gateway Borough Reginald Cleveland Northwest Arctic Borough Subcommittee on Taxation and Finance Judi A. Slajer, Chair Mark Hodgins Fairbanks North Star Borough Kenai Peninsula Borough Doug [;Tiffin, Co -Chair Nathan Kotch, Jr. City of Valdez City of Kotzebue Jack McFarland, Co -Chair Raymond Stoney Kodiak Island Borough Northwest Arctic Borough Jim Barnett Chow Taylor Municipality of Anchorage Lake and Peninsula Borough Subcommittee on Land Use, Resources, and Economic Development Gary Lewis, Chair Fred Dyson Matanuska-Susitna Borough Municipality of Anchorage Marian Estelle, Co -Chair Norm Levesque City of Petersburg Matanuska-Susitna Borough Bobbi Smith, Co -Chair Suzanne R. Little City of Barrow City of Soldotna Hank Bartos Linda Swarner Fairbanks North Star Borough City of Kenai Christine Blackburn City of Kodiak Subcommittee on Transportation, Docks & Ports, Municipal Utilities, & Public Safety Georgia Buck, Chair Jim Kubitz City of Whittier Municipality of Anchorage Tim J. Rogers, Co -Chair Rose Palmquist City of Kenai Matanuska-Susitna Borough Timothy Towarak, Co -Chair Alaire Stanton City of Unalakleet City of Ketchikan Steve Bainbridge Gary Stevens City of Nenana Kodiak Island Borough AML Newsletter Page 16 r. r A PUBLIC LIBRARY IN SERVICE SINCE 194E BOX 157 KENA1, ALASKA 99611 REPORT FOR THE MONTH OF DECEMBER 1989 Circulation Adult Juvenile Easy Books Fiction 863 132 748 Non-fiction 1174 170 116 Total Book Circulation 3203 Films, Phonodiscs, Pamphlets, Periodicals 378 Total Circulation 3581 Additions Adult Juvenile Easy Books Gifts 43 - 43 86 Purchases 59 15 52 126 Total Additions 212 Interlibrary Loans Ordered Received Returned Books 23 52 23 AV 21 21 21 Interlibrary Loans by our Library Books Films AV 46 21 14 Volunteers Number .. 15 Total Hours .. 195 Income Fines and Sale Books 694.50 Lost or Damaged Books 149.60 Xerox 224.25 Total Income for December 1989 .. $1,068.35 9(Enal Community-f&ra.zy A PUBLIC LIBRARY IN SERVICE SINCE 1949 163 MAIN STREET LOOP KENAI, ALASKA 99611 Library Cards Issued December 1989 Kenai 60 Anchor Point 1 Kasilof 7 Nikiski 23 Ninilchik 1 Soldotna 39 Sterling 2 133 Library Patronage .. 4,421 Persons 0 KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING December 5, 1989; 7:30 p.m. Borough Administration Building Soldotna, Alaska A. CALL TO ORDER Pres. Skogstad called the meeting to order at approximately 7 p.m. a B. PLEDGE OF ALLEGIANCE C. INVOCATION: Pastor Don Bradford Church of Christ's cfi D. ROLL CALL PRESENT: Atkinson, Brown, Crawford, Glick, Keene, McLane",4 Moock, Mullen, Nash, O'Connell, Poindexter, Skogstad and Walli; Finance Director Kinney; Adm. Asst. Huss; Planning Director Troeger; Public Works Director Brown; Solid Waste Technician Mayer; Personnel Director Campbell; Atty. Boedeker; Deputy Borough Clerk DeLacee EXCUSED:Hodgins and Sewall E. VACANCY, DESIGNATION OR SEATING OF ASSEMBLYMEMBERS F. APPROVAL OF MINUTES: November 21, 1989 Minutes were approved as submitted. G. COMMITTEE REPORTS (On Non -Agenda Items) (a) Finance (Chm. Sewall, Vice Chm. Nash, Glick, O'Connell, Keene) Vice -Chairman Nash requested that Item Q. (a) be brought forward for inclusion with the committee report and introduced Mike Lockwood, Central Peninsula Hospital Administrator. Mr. Lockwood gave a review of escalating malpractice rates. His recommendation was a self -insured trust which result in a reduction of premiums from $521,000 (Medical Indemnity Corporation of America - MICA estimate) to $285,000 for a self-insurance trust. ASSEMBLYMEMBER NASH MOVED ACCEPTANCE OF THE CENTRAL PENINSULA HOSPITAL INSURANCE REPORT. Advisory by the hospital of the change in insurance met notification requirements, and as there was no objection expressed the report was accepted. Atty. Boedeker advised the hospital had also proposed buy -in to the borough's property insurance program for the hospital facility at a estimated cost of $5,474.00 premium and $18,060.00 buy -in. Per assemblymember inquiries, Atty Boedeker indicated South Kenai Peninsula Hospital Service Area would have to sign a management agreement with LHS, Management Inc. in order to join Central Peninsula Hospital in the self-insurance trust. Finance Director Kinney indicated that currently it would be a problem for the south hospital due to availability of monies for a buy -in. (b) Legislative (Chm. Crawford, O'Connell, Glick, Mullen) Pres. Skogstad announced the appointment of Chairman Crawford and committee members. (c) Local Affairs/Lands (Chm. Brown, Vice Chm. Crawford, Moock, Mullen, Poindexter, Superman) 1 KBnAJ Peninsula Borough ,gftanj" jAA2Mb,j,X Hin""AA Decemher 5... 1989 Chairman Brown advised the committee heard a report from Personnel Director Campbell clarifying the drug and alcohol policy. Nikiski Fire Chief Willis also made a presentation on future developments. (d) Public Works/Ed (Chm. McLane, Vice Chm. Moock Atkinson, Hodgins, Superman, Walli) H. REPORTS OF COMMISSIONS AND COUNCILS I. MOTIONS TO RECONSIDER J. AGENDA APPROVAL AND CONSENT AGENDA. (a) Res. 8913.2 "Approving Pacific Properties' Assignment of Real Property Lease to Tesoro Alaska Petroleum Company" (Mayor) (b) Res. 89-136 "Requesting the Alaska Department of Transportation and Public Facilities to Move Up the Seward Highway Project, Milepost 50 - 65, on Its Six -Year Plan" (Skogstad) (c) Res. 89_137 "Authorizing the Mayor to Award a Contract for the Maintenance and Operations of the Seward Landfill" (Mayor) Finance Vice -Chairman Nash pointed out the completed copy of Res. 89-137 awarding to Metco Inc. for $7,290 monthly and advised the committee recommended "do pass". (d) Res. 89_138 "Authorizing the Award of Contract for 911 Optimization Study" (Mayor @ Req. 911 Advisory Board) Finance Vice -Chairman Nash advised Public Safety Associates was the only firm responding to the request for bids. The firm's references were checked and the firm was acceptable. The committee recommended "do pass". Local Affairs/Lands Committee recommended inclusion of Introduction of Ordinances 89-62, 89-63, 89-64 and 89-65 on the consent agenda. (e) Qrd• 89_62 "Delegating to the City of Seward the Power to Provide Zoning Regulation within the City and Repealing Kenai Peninsula Borough Chapter 21.78" (Mayor) INTRODUCTION ONLY; HEARING 1-2-90 (f) Ord. 89-63 "Delegating Authority from the Kenai Peninsula Borough to the City of Seward to Make Land Use Plan Amendments to the Seward Comprehensive Plan" (Mayor) INTRODUCTION ONLY; HEARING 1-2-90 (g) Ord. 89-64 "Establishing Three Engineer/Paramedic Positions at the Nikiski Fire Service Area" (Mayor @ Req. Nikiski Fire S.A.) INTRODUCTION ONLY; HEARING 1-2-90 (h) Ord, 69-65 "Appropriating $110,000 from the Available Fund Balance of the Nikiski Fire Service Area" (Mayor E Req. Nikiski Fire S.A. INTRODUCTION ONLY; HEARING 1-2-90 Pres. Skogstad asked if there was public comment and there was none. THE CONSENT AGENDA, AS AMENDED, WAS ADOPTED. K. ORDINANCE HEARINGS 2 Kenai Peninsula gRgul&r Assemhly Minutas -L, 1989 (a) Ord, 8g_,,57 "Amending 3.04.030 of the Kenai Peninsula Borough Code to Establish Policy Regarding Drugs and Alcohol in the Workplace" (Nash) ASSEMBLYMEMBER GLICK MOVED ENACTMENT OF ORD. 89-57. Local Affairs Chairman Brown advised the committee recommended "do pass" on a 4 to 1 vote. Public hearing was opened and subsequently closed as there was no comment. ASSEMBLYMEMBER WALLI REQUESTED UNANIMOUS CONSENT APPROVAL. ASSEMBLYMEMBER SUPERMAN VOICED OBJECTION TO UNANIMOUS CONSENT. ORD. 89-57 WAS ENACTED ON A VOTE OF 12 YES, 2 NO; O'Connell and Superman voting No. (b) Ord. 89-58 "Appropriating Advance Funding of $165,000 from the General Fund Balance to Proceed with the Design of the Seward Transfer Facility, Closure of Present Landfill and Dike Extension" (Mayor) ASSEMBLYMEMBER GLICK MOVED ENACTMENT OF ORD. 89-58. Finance Vice -Chairman Nash said while Finance Director Kinney reported there was still some work to be done by the borough relative to future development in the Seward area, these particular items need to be funded and advance funding of the project would be reimbursed from future bond sales and the committee recommended "do pass". Public works Vice -Chairman Moock reported the committee unanimously recommended "do pass". Mrs. Moock asked Public Works Director Brown to elaborate on the dike extension. Mr. Brown said the dike extension would probably be addressed by change order to Mr. Taurianen for about $9,000. Requests for proposals (RFPs) have been requested for design and engineering on the transfer/baler facility. Additionally the closure would probably be handled by request for RFPs. If the diking were bid, costs would exceed the $9,000. Per Assemblymember McLane's inquiry, Public works Director Brown said the $9,000 would not include project management and on -site inspection. Mr. Brown said the department would just go with design and get it bid ready and the borough will do on -site inspection. Breakout would be: surveying $1,630; design and specifications $4,740; Corps of Engineers and Fish and Game permitting $3,000 for a total $9,370 and $800 for the bid phase. Public hearing was opened. Tgd Forsi. Soldotna, expressed concern that further feasibility studies be done on hauling waste from Seward to Soldotna. He felt awarding a design contract was premature without further study. Pres. Skogstad pointed out the ordinance was addressing three projects -- dike extension, transfer site facility and the landfill closure. The proposal for the structure would cover various options whether transfer facility or baler site. As there was no further comment, public hearing was closed. Assemblymember Mullen asked Mr. Brown to give examples of future potential problems with the Soldotna site. Mr. Brown said although now there seemed to be no problem, there might be problem with permitting to transfer resulting in readdressing the issue. Also, if costs turn out to be prohibitive or exceed anticipated costs for transferring versus baling, then a baler 3 $enAi Peninsula BNLQUh Readier AsSemhly minuuLsa ➢ozaah" 16L Im would be used in Seward and another site would have to be acquired to bury the waste. He noted this was why the facility was being designed for multi -use in anticipation of potential changing situations. Assemblymember McLane expressed concern that no improvements had been done at the Soldotna Landfill, despite the fact Kenai Landfill will be closing and Seward would be transferring waste to the site. He too expressed concern about the immediate necessity of going ahead with the project and asked Mr. Brown to clarify the current permitting situation in Seward. Public Works Director Brown said after the seemingly imminent flood danger at the Seward Landfill this Spring, the river did shift averting contamination fears. An emergency dike permit was approved by the Army Corps of Engineers end Fish and Game but proved unnecessary when the river shifted. However, in the overall interests for protection of the site when its closed out, a dike will be necessary. Solid Waste Technician Mayer advised the status of the Alaska Dept. of Environmental Conservation (ADXC) permit is expiration in June of 1991, but of more immediate concern is the landfill is on its last trench with no room for expansion without having to line the future trenches. Also, if the borough were going to pull material out of the river next summer to build the transfer site, the working period is very limited. Assemblymember McLane said he would support the ordinance because he didn't believe the assembly had actually approved transfer of Seward garbage to Soldotna. He expressed faith in the public works staff judgment on construction of the facility. Assemblymember Walli said she also would support the ordinance based on the fact the assembly had not committed to daily transfer of garbage from Seward to the Soldotna site. Finance Director Kinney assured assemblymembers that prior to any contracts being authorized by the mayor, the contracts would be brought before the assembly for approval. This measure simply makes the money available should contracts be awarded. Public Works Director Brown stated the borough would let the contract out for competitive bid and would have control of the licensing. ORD. 89-58 WAS ENACTED BY UNANIMOUS CONSENT. (c) Ord. 89-59 ~Amending the Kenai Peninsula Borough Sales Tax Code to Exempt Gaming Sales" (Glick) ASSEMBLYMEMBER GLICK MOVED ENACTMENT OF ORD. 89-59. Finance Vice -Chairman Nash reported the committee recommended "do not pass". Public hearing was opened. pat Vincent, Kenai Peninsula Builders Assn., presented an accounting report for pull tab sales through a third -party vendor for October 1989. Of a net profit of $7,132, $1,441.62 was remitted to the borough for sales tax. She voiced the opinion that some assemblymember had concern about the vendors having garnered unreasonable profits at the expense of non -profits. However, the payment to the vendor from the ideal 40% ideal net proceeds by the Kenai Builders Assn. amounts to about $6 per hour for services rendered. Assemblymember Hoock asked confirmation of He. Vincent that reasonably the organixation's vendor would make $25,000 annually which she confirmed. Mrs. Moock asked Ms. Rnmiiah B2Uu1ar 8AIAMbly Minutes DgL*Mb&x 5, 1989 Vincent to further confirm that she didn't fusel the $25,000 income should be taxed. Me. Vincent stated no opposition to taxation of this portion of the revenue. Warren Fairbanks, Disabled American Veterans (DAV), advised assemblymembers, money derived from the sale of pull tabs goes into the Veterans Crisis Center, serving all veterans. In the past year, 187 peninsula veterans have been served through the crisis center. The center does not receive federal or state monies, but raise their own funds. Additionally, federal guidelines have eliminated medical coverage to veterans, unless they are more than 50 percent service connected disabled. Thus, increasing the demands for service on the Veterans Crisis Center and DAV. He encouraged passage of the ordinance. He reported gross state proceeds of right at $600,000. R" ClAmmatlt.&, Parents United and Alaska Families United, with an outreach location in Kenai. He stated the group is seeking to provide education, prevention and treatment of child sexual abuse cases. RevenueE from pull tabs enables the organization to provide this outreach. Per inquiry, Mr. Clemments indicated the agency has a location but no operating office on the peninsula although it is currently working on networking with local individuals. He indicated there are approximately 30 locations on the peninsula where the organization's pull tabs are being marketed. Gross revenues were approximately $1.2 million, of which approximately $136,000 ,goes to vendors. Per Assemblymember Moock's question, Mr. Clemments said if the vendors' portion was taxed it would discourage their marketing the pull tabs. She asked if he considered the vendors` $136,000 should be considered profit to their business. Mr. Clemments said it was not profit because it had to be figured into the total expenses incurred in running pull tabs. Per Assemblymember O'Connell's question, Mr. Clemments said that the office was located in the loft above the Blue Grouse Restaurant and that no one was at the location during regular hours at this time, and any phone inquiries would be forwarded to a number in Anchorage. Don Mti-e1ler,State President of Alaska Jay Cees, located in Anchorage. He said he believes that to better serve the communities and local non profit organizations, it is better not to tax non profit organizations. Per Assemblymember Moock's question, he said that the only chapter of the Jay Cees on the peninsula was in Homer at this time, and they are currently in approximately 10 outlets. He said that all the revenues from the 10 outlets, were not directly returned to the use on the peninsula, that the money is used for maintenance, training, newsletters for the organization and the majority of the money from pull tabs is returned to other organizations, some of which are on the peninsula, some in other places. Gross revenues for the organization year to date have been about $1.2 million dollars and that approximately $136,000 gross was returned to the vendors. Deborah Schn bel_Manager at KBBI in Homer, said she realized that the sales tax is on the consumer, and that she would like to give support to the passage of the ordinance because she doesn't want to be taxing the consumer. She said Randall Burns, Director, Division of Occupational Licensing in Anchorage, is very aware of the murky area called, "third party vendors". She hopes that the State mill deal with this issue. Per Assemblymember Moock's questions regarding the Homer News article of the 11/30/89 issue, which stated that Mr. Burns is proposing to totally eliminate third party vendors, she said she was aware that the state intends to adopt regulations if the legislature does not define third party vendors. Per Assemblymember O'Connell's questions, she said they had budgeted approximately $35,000 in revenue for the fiscal year. She voiced the opinion the current borough sales tax provision establishes a discriminatory situation - those using third party vendors paying sales tax, Kenai Peninsula Borough Rggul&r Assembly jinutaa na`ambar .4L JJM those who are self-operating in their own facility aren't mandated to apply sales tax. Assemblymember O'Connell pointed o u t t h a t w h e n s h e uses the word discriminatory, the people who came before the assembly and asked for those ordinances now in place, are the very people who are also here tonight, asking the assembly to now exempt them. ZdXarid mil, from Kenai, a Pearl Harbor Survivor, Veteran, American Legion, D.A.V., and Reserves stated that pull tabs have been a source of income for small, non profit organizations for years, and it has now become big business. He stated that Attorney Boedeker said at a previous meeting that the only qualified, non profit organizations, are the ones that are not fraternal organizations, due the fact that it is a select group. ZA= Kistler, a local property taxpayer, stated that he didn't mind making contributions to charitable organizations as such, but he doesn't intend to pay a higher property tax because they don't wish to collect a borough ordinance sales tax. Father Targon,sky, stated concern over the sales tax ordinance. SiS$ Nelson, Commander of VFW, stated that they only sell pull tabs on the premises. Their annual income is approximately $144,000 maximum off the sale of pull tabs. All the monies made go back into the community such as $24,000 a year, through Helping Hands, that goes into food programs, veterans, children, and anyone else in the community that needs help. They are a non profit organization, and he believes that the vendor should be taxed, but not the non -profits. Assemblymember Moock stated that the VFW was an exempt organization at this time, and assuming that they intend to Sell only out of the VFW hall and do not have a vendor, this ordinance would not tax an organization such as this. Mr. Nelson said that everything was clarified for him now. Assemblymember Nash expressed concern that the questions regarding vendors being profit or non profit businesses, whether or not the non profit supports local programs etc. seem to be clouding the main issue of equal treatment. For now, he felt that they should all be treated equally not subjecting them to sales tax. Subsequelntly, the assembly could consider not only equality but also the cost-effectiveness of collecting the tax. Assemblymember Moock felt the focus hadn't been whether these groups could be defined as "good guys" or "bad guys" and all those who've appeared for testimony consider themselves non -profits with charitable goals. She felt it significant that of four groups appearing at this meeting, gross sales of approximately $2.9 million would produce sales tax revenues of $145,000. Of the $2.9 million, some intermediary vendor is receiving income of approximately $312,000 or approximately 11% of the gross. This income is generated without investment of inventory, probably no additional overhead for building rent or insurance. Information provided from the State, indicated 36 non -profits are operating on the peninsula, but admits the State has lost the records. There has been indication if the legislature doesn't duo something, the State will ban vendors. She further noted of the aforementioned $145,000, the collecting individual is entitled to retain 5% for collecting the sales tax. This decision she tooted would more impact the cities as the borough is a minority receiver at 40% while the cities receive 60%. ASSEMBLYMEMBER GLICK MOVED TO ADD A NEW SECTION 2, ADD., SECTION 2. KPH COOS 5.10.255 (F) 8. ENACTED BY ORD. 89-31 IS REPEALED. RENUMBER SECTION 2. 10 SECTION 3. AND ASKED UNANIMOUS CONSENT. Atty. Boedeker advised he'd asked Mrs. Glick to make the amendment to make the section consistent. Rani Peni nan I A $Qr2uah RftgUlar Aasemhly Ni nag DAGMMb= 5U IM THE GLICK AMENDMENT WAS ADOPTED BY UNANIMOUS CONSENT. Assemblymember Glick said she felt gaming was a business that should be taxed, however, the ordinance previously adopted has put the borough in a potentially discriminatory situation. She noted in her experience working in CPA firms, income from vending machines was reported as such and she had assumed the pull tab vendors were reporting in the same manner. Finance Director Kinney had indicated to her most were not declaring the income. Finance Director Kinney clarified that he couldn't say for sure whether it was being reported but the sales tax code provisions call for tax on services and rents which would incorporate this income. Assemblymember Glick said it was her intent to come up with an ordinance to define what an in-house or out -of -house sale is, redefine specifically who qualifies for an exemption, status of money paid to a vendor - rent, services, reimbursement of utilities, etc. Assemblymember Poindexter expressed agreement with Assemblymember Glick and also noted the State would be doing something to cleanup the situation with vendors. Assemblymember walli advised she would vote against the ordinance and said there are already tax situations where application is not equal - seniors' and veterans' exemptions. She said in a telephone conservation with Parents United they'd indicated a million plus gross revenues. She specifically asked what amount went out to charitable services and had been told approximately $30,000. She therefore surmised the vendor and operator were charging for their services and should be taxed as anyone else who provides a service. She urged members not to support Ord. 89-59. Assemblymember Moock said from information received from the Soldotna Chamber of Commerce, she determined the four entities mentioned at this meeting were returning about 11% net profit after vendor payment. In further checking with the chamber who also sells pull tabs, its profit is no where near 11% because they rent the building, and pay utilities and insurance. ASSEMBLYMEMBER ATKINSON MOVED A POINT OF ORDER STATING ASSEMBLYMEMBER BROWN HAD A CONFLICT OF INTEREST ON VOTING ON THE ISSUE. Pres. Skogstad advised in the past three proceedings on the issue, it had been determined Assemblymember Brown's interest did not comprise a conflict of interest. PRES. SKOGSTAD RULED ASSEMBLYMEMBER BROWN HAD NO SUBSTANTIAL CONFLICT OF INTEREST. ASSEMBLYMEMBER ATKINSON CHALLENGED THE RULING OF THE CHAIR. Assemblymember Atkinson provided information from a newspaper account attributing $724,115 in income to People Count, directed by Jack Brown. Pres. Skogstad cited previous discussions on this issue noting Mr. Brown's salary is derived from other sources. Assemblymember Brown observed this was the fourth time the issue had been raised, two times of which he'd brought it up. The last time it was voted unanimously no conflict existed. Assemblymember Brown advised he would abstain from the vote. THE CHAIR WAS OVERRULED (FAILING TO ACHIEVE THR NECESSARY 9 VOTES); ASSEMBLYMEMBER BROWN ABSTAINED FROM VOTING. TH8 VOTE WAS 7 YES, 6 NO: UftQ2Wb= 19a9 YES: Poindexter, Crawford, Skogstad, Mullen, Keene, Nash and Superman NO: Maack, McLane, Atkinson, O'Connell, Glick and Walli ABSTAIN: Brown Assemblymember Maack posed a hypothetical situation whereby if these revenues were not taxed, would it then place the borough in a discriminatory situation with other retailers paying sales tax. Atty. Baedeker indicated it would not as statutes state the assembly is to determine exempt classifications of sales. Assemblymember O'Connell noted the existing borough code provisions were put in place at the request of the non -profits. If information provided at this meeting were accurate, $44 million dollars in pull tabs have been sold in the state. Additionally, there are games of bingo and other gambling games going on in the borough nearly every night of the week. Even if total sales were $10 million, this could generate $500,000 in sales tax. He observed the sales tax is a consumer sales tax that has been on the books for twenty years and should have been paid all along. If this sales tax were not collected, he said this $500,000 could be thought of as representing approximately 1/4 mill or so of real property tax. The tax burden negated by these "exempt" sales could be shifted to other taxpayers who pay personal or real property. He advised anticipated revenues from telephone and electric tax of $130,000; fish tax $660,000; tobacco tax $280,000; while the gambling industry has generated $2,000. He said the borough has around $196 million in bond debt and interest obligations. He closed by saying the tax doesn't take anything out of anyone's profits if it is properly and legally applied and collected. ORD. 89-59, AS AMENDED, WAS DEFEATED ON A VOTE OF 7 NO, 6 YES: YES: Poindexter, Crawford, Glick, Skogstad, Nash and Superman NO: Maack, McLane, Atkinson, O'Connell, Mullen, Keene and Walli ABSTAINING: Brown (d) Ord.89-60 "Transferring Funds from Bear Creek Capital Projects Fund to the Bear Cree& Fire Service Area Special Revenue Fund" (Mayor I Req. BCFSA) ASSEMBLYMEMBER GLICK MOVED ENACTMENT OF ORD. 89-60. Finance vice-chairman Nash reported the committee recommended "do pass" based on a service area request for non -capital expenditure of existing service area budget funds. Public Works vice-chairman Maack reported "do pass" from the committee. Public hearing was opened and closed as there was no public comment. ORD. 89-60 WAS ENACTED BY UNANIMOUS CONSENT. ASSEMBLYMEMBER WALLI MOVED TO SUSPEND THE RULES IN ORDER THAT RES. 89-135 MIGHT BE CONSIDERED IMMEDIATELY TO FACILITATE PUBLIC TESTIMONY FROM ANCHOR POINT. UNANIMOUS CONSENT APPROVAL WAS GIVEN TO THE WALLI MOTION AND RES. 89-135 WAS BROUGHT FORWARD FOR CONSIDERATION. 8 Rea, 99-135 "Urging Restore and Enhance ,- Steelhead Trout and River" (Brown, Glick the Department of Fish and Game to Sports Fishing Opportunities for Salmon Species Native to the Anchor ASSEMBLYMEMBER BROWN MOVED ADOPTION OF RES. 89-135. j<ois Schacle, Anchor Point, urged approval of the resolution. Mrs. Schacle said she was director with the chamber of commerce member of South Peninsula Sportsmens Club, and member of the Anchor Point Senior Citizens Club. She said while the area had all the facilities necessary, it needed to be assured there would be fish. Assemblymember Brown said he and Assemblymember Glick were members of the Kenai Caucus which is where this resolution evolved from. He said the intent was just to get the people of the area included in the current and future stocking plans of steelhead trout and salmon species. Due to economic downturns, Fish and Game had excluded the Anchor Point area from these proposed plans. Assemblymember Walli noted when local people had made an effort to get involved in enhancement for the river there'd been "roadblocks" placed by other groups. This resolution would be a statement of encouragement and support. ASSEMBLYMEMBER MC LANE MOVED TO AMEND RES. 89-135, TITLE, LINE 1, ADD: "URGING THE DEPARTMENT OF FISH AND GAME TO CONSIDER RESTORATION (RESTORE) AND ENHANCEMENT QZ [ENHANCE)...; SECTION 1., LINE 2, STRIKE/ADD: "the Department of Fish and Game to (include) consider inclusion gf the Anchor River in..." Assemblymember McLane expressed discomfort with lack of information. Assemblymember Walli gave background information advising an Anchorage sportsfishing group had gone to court and placed an injunction against implementation of a Fish and Game enhancement program. The Anchorage group wanted the wild run in the river to stay wild and various other restrictions. Assemblymember Keene also questioned whether studies had been done confirming the enhancement would increase the fish population. He recalled oldtimers had said steelheads ate the eggs of the kings and silvers. Whether this was true or not, he indicated he wanted studies proving this would be an enhancement and not detrimental in the long run. Assemblymember Walli said the pink and silver salmon runs were good. The steelhead has declined. It was the steelhead fishery which the Anchorage group had addressed in the injunction. Assemblymember Keene reiterated his concern about disrupting the current balance in the river without further study. Assemblymember O'Connell stated support for the McLane amendment in light of the conversation about the balance of fish in the river. He thought the amendment was in effect asking Fish and Game to look at the situation. ASSEMBLYMEMBER O'CONNELL ASKED UNANIMOUS CONSENT APPROVAL OF THE MC LANE AMENDMENT. ASSEMBLYMEMBER POINDEXTER VOICED OBJECTION. THE MC LANE AMENDMENT WAS ADOPTED ON A VOTE 13 YES, 1 NO; Poindexter voting No. Assemblymember Mullen expressed discomfort with the proposal due to lack of expert information. He said public hearinge were going on, and he'd rather have dealt with it after this information was available. He observed it was dubious additional funds would be generated for the project and might well take funds from another area for enhancement. with reservation, he advised he would vote for the measure. Assemblymember Poindexter said he grew up in this area, and he knew in his youth the river had a much larger fish population. As the tourist pressure increased, it seemed the fish stocks declined and continued to do so. He noted Fish and Game had at some point felt enhancement was needed but was stopped by the injunction. He voiced support for the resolution. RES. 89-135, AS AMENDED, WAS ADOPTED BY UNANIMOUS CONSENT. L. INTRODUCTION OF ORDINANCES (a) QrA,, 89-61 "Authorizing Lease of Borough Property with Option to Purchase Government Lot 22, Section 25, T4N, R12W, S.M., Alaska" (Mayor) ASSEMBLYMEMBER GLICK MOVED INTRODUCTION OF ORD. 89-61 AND SETTING A HEARING DATE OF JAN. 2, 1990. Local Affairs Chairman Brown reported the committee recommended "do introduce". Public hearing was opened. Rose Renner, Kasilof petitioner, said since 1978 they had a portable fence on the property to contain horses with verbal permission from the borough. She said while she was aware the borough does not have as yet a comprehensive plan, she'd like to lease the land with possible purchase. Public hearing was closed. Assemblymember Nash quoted KPB 17.04.010, .020 and .030 stating it appeared procedure in the statutes was laid out for disposal and classification of borough lands. The statutes provide for disposal based on best use of the land and best interests of borough residents without individual preference given. He urged administration to attain the land classification study and reminded members the assembly was the trustee of public lands. Assemblymember Walli said she'd been under the impression there was an ongoing land classification. Had this land study been complete, the petitioners probably wouldn't have appeared here. The individuals would have had information regarding availability of the land. She also expressed discomfort with giving up beach site lands. Pres. Skogstad advised this item had originally been proposed as a board of appeal item. Pres. Skogstad asked Planning Director about the status of the land classification. Planning Director Troeger indicated borough lands are currently being inventoried in the GIS system with a projected completion date of June or July of 1990. Currently a land classification study is not ongoing because the lands haven't been inventoried. The planning commission will be bring forth recommendations. Assemblymember Glick said she would not support the measure because she believed the borough needed to assess land classification so there might be a concerted effort for a land sale. She noted this piece might be included in such a sale and until this efforts were made she didn't believe there should be such land disposals. 10 Kenai Peninsula gaimUlh Regular Assembly Minutes 5., 1989 Assemblymember Poindexter felt land that can be utilized should be and put on the tax rolls. ORD. 89-61 FAILED TO BE SET FOR HEARING JAN. 2, 1990 ON A VOTE OF 9 NO; 5 YES: YES: Poindexter, O'Connell, Skogstad, Brown, and Superman NO: Moock, McLane, Atkinson, Crawford, Glick, Mullen, Keene, Nash and Walli Assemblymember Nash expressed concern about use of this land for eleven years and noted the assessing department assesses value on leasehold interests. He suggested perhaps a value should be put on the land for such past use. M. CONSIDERATION OF RESOLUTIONS (a) Res. 89-133 "Requesting that the Alaska Legislature Pass House Joint Resolution 13 (HJR 13) Which Would Authorize a Statewide Election on the Education Endowment" (Mullen, Poindexter) ASSEMBLYMEMBER MULLEN MOVED ADOPTION OF RES. 89-133. Public hearing was opened. ,ZnlIn Kistler. Soldotna, expressed disagreement with the ordinance feeling the permanent fund should be left intact. He felt the legislature should address overspending and perhaps putting an income tax in place. As there was no further public comment, hearing was closed. Assemblymember Mullen quoted from a letter from Mary Halloran of the governor's office, speaking to establishment of an education fund. Without the fund, she indicated there would be an increased burden on local taxpayers. Assemblymember Nash felt the second and third whereases weren't in keeping with the whole measure and suggested they should be deleted. ASSEMBLYMEMBER NASH MOVED TO DELETE THE SECOND AND THIRD WHEREASES WHICH WAS APPROVED BY UNANIMOUS CONSENT REQUEST BY ASSEMBLYMEMBER MULLEN. Assemblymember Walli expressed concern how the general public was going to be educated on the subject. Assemblymember Brown said he'd support the resolution because it would bring the issue before the people for a vote. He also noted this would be a uniform contribution from the whole population. Assemblymember Poindexter stated support observing that in about ten years there wasn't going to be a great deal of money for the legislature to overspend. He also pointed out without well-educated students for the future, the welfare of the state would be even more questionable. ASSEMBLYMEMBER MULLEN MOVED TO AMEND RES. 89-133, ADDING A NEW SECOND WHEREAS, "WHEREAS, A QUALITY EDUCATION FOR THE CHILDREN OF ALASKA IS OF THE HIGHEST PRIORITY; AND". Assemblymember Nash said while he didn't have a problem with the statement, the language seemed to detract from the intent - giving the people a chance to vote on whether they wanted to cap their permanent fund. 11 Assemblymember Glick expressed agreement with Mr. Nash and added if a quality education is of the highest priority, why hadn't state administration fully funded education as constitutionally mandated. Assemblymember Keene said he felt the issue was did the people of the state wish to set up an educational endowment fund. THE MULLEN AMENDMENT FAILED ON A VOTE OF 8 YES, 6 NO: YES: Poindexter, Moock, Atkinson, O'Connell, Skogstad, Mullen, Brown and Keene NO: McLane, Crawford, Glick, Nash, Superman and Walli Assemblymember Walli said she would vote against the resolution because nowhere did it indicate that if an endowment fund were established, the monies currently spent on education from the general fund would not be spent. She also felt dollars don't necessarily guarantee quality education. Assemblymember Superman said while he might support putting the topic before the voters, he still felt the permanent fund should be left intact. Pres. Skogstad passed the gavel to vice-president Mullen Assemblymember Skogstad said the measure would provide a vote of the people to set their priorities from the resources received from the state. He said oil revenues would decline approximately 50 percent in the next ten years, yet permanent fund dividends would still increase to approximately $1200 in that time period even if the endowment fund were established. Assemblymember Mullen noted historically there was much suspicion on establishment of the permanent fund, although time had proved it highly successful. He felt the education endowment fund was suffering the same doubts as to workability. He urged the topic be brought before the voters. Assemblymember Poindexter reiterated his comments regarding the most valuable resource of Alaska is its young people. He felt this fund could be viewed as a reinvestment in Alaska's future. Assemblymember Glick noted the Alaska Municipal League had proposed such a measure six to eight years ago and was received poorly. She felt the money didn't have to be taken from the permanent fund but from other general revenue sources. She said most information being distributed on the proposal was from the department of administration, representing one side. Assemblymember O'Connell said the permanent fund was created by amendment to the Alaska Constitution, because the constitution prohibits dedicated revenues. The amendment made no statement as to how the monies were to be spent and they actually accumulated without distribution for two or three years. The legislature makes the determination on distributions to and from the fund. RES. 89-133 WAS ADOPTED ON A VOTE OF 11 YES, 3 NO: YES: Poindexter, Moock, McLane, Atkinson, O'Connell, Crawford, Skogstad, Mullen, Brown, Keene and Nash NO: Glick, Superman and Walli (b) Res,, 89_134 "Urging the Department of Environmental Conservation Permit the Start -Up and Operations of a Fire Training School in Kenai" (Brown, Glick) 12 Kenai Peninsula gbh Begujar Assembly Minutes non—1 er g,. 19g9 ASSEMBLYMEMBER BROWN MOVED ADOPTION OF RES. 89-134. Public Works Vice-chairman Moock reported the committee recommended "do not pass" due to the pollution aspects and language incorporated within the measure that was believed faulted. Local Affairs Chairman Brown said the committee recommended postponement. Public hearing was opened. Vesta L, Sterling, stated while supporting the concept of the school there would be vast quantities of pollutants, 245 thousand tons, released on the proposed plan of daily burning over the year. She also expressed concern about availability of water. She said the DEC has said if this open facility were permitted, it approaches the DEC limit on such discharges for the peninsula. This could preclude some other industry. She supported a closed facility. She urged careful consideration. pganip Steffu�,. University of Alaska, appeared as director of the Mining and Petroleum Training program. He advised the university had been working for the past year and one half to develop numbers to reflect the amount of discharge from the fire training school. When the university took the school over, the mining and petroleum program advised the president of the university the existing grounds were untenable due to near construction and proximity to Kalifornsky Beach Road. He said the university was able to get a legislative appropriation to cleanup the old grounds. After conferring with the DEC for the past ten days, Mr. Steffy indicated the university had made many concessions and had come to agreement with the DEC. An air quality monitoring expert was hired who found there is actually about 50 tons of pollutants per year as opposed to 245 tons. The university has agreed to extensive testing and monitoring of the new site to produce accurate numbers. There will be a total elimination of the burning of diesel fuel. The university is committed to investigating the closed facility technology. He noted there are currently two such facilities which firefighters will be sent to. He said there will be a 30-day advertisement for public comment starting December 6, 1989. The Chancellor of the University of Alaska recognizes there are parties with extreme views on both sides of the issue, but the university will work for a middle ground. If it is found the facility can't operate without significant pollution, the university will not operate it. Assemblymember Brown asked Mr. Steffy if the closed facility was going to be evaluated. Mr. Steffy said they were investigating the two operating facilities. However, he said the question of money was the next problem to be confronted. Assemblymember Nash asked what Mr. Steffy anticipated the water consumption would be for the facility and if there were a,iy reasonable possibility of groundwater contamination. Mr. Steffy said that had been one of the very foremost considerations. He said they had proposed double liners, bentonite liners under all the piping consistent with EPA requirements for oil fuel storage. He said the proposed 10,600 gallons per day was an industrial standard. Two 500,000 gallon and one 12,500 gallon storage tanks will be located on the property. There will be several settling ponds to allow the material to biologically degrade. In fact, he said they didn't anticipate actually drawing 10,600 gallons per day once the tanks are half full. Makeup water would only be drawn from loss of water due to evaporation from the ponds. Assemblymember Nash asked if there were any possibility the settling ponds could be a source of contamination for the loons nesting in the area. Mr. Steffy said the ponds had been designed 13 Kenai Peninsula Rornugh Regular Assembly Mintitag DecAmber 5L im according to the strictest EPA standards for that type of pond, and they will protect the ponds so that waterfowl will not land on them. Assimblymember Superman asked if the air quality expert eluded to was associated with the air quality monitoring program ongoing in Niklski. Mr. Steffy said he didn't believe so but he was associated with the Anchorage air quality board. Another private consultant from Seattle also served on the Anchorage air quality board. Assemblymember Superman asked if information would be utilized from the existing monitoring site. Mr. Steffy indicated difficulty in obtaining those numbers. Assemblymember Superman indicated he'd received conflicting information regarding the viability of the information. Per Assemblymember Superman's inquiry, Mr. Steffy indicated he'd been asked to do calculations based on EPA Potential for Significant Deterioration (PSO). DEC had provided numbers for the calculation, which weren't exactly applicable. He attempted to show the school could train the maximum number of people (1400); multiplied the emission factors by 20 so they were then in the order of magnitude times two (2) bigger than what EPA had suggested for those types of burns. He did this to produce the most conservative view so that it couldn't be alleged the school was loading it in the school's favor. As it turned out, the air quality experts and the 09C realized it was far too conservative a number. Independently, they produced a number of 52 and 60 as the maximum that could be generated on those types of conditions. --------------------------------------------------------------- THE MIDNIGHT DEADLINE ARRIVED, PRECLUDING LEGISLATIVE ACTION ---------------------------------------------------------------- Assemblymember Atkinson asked if the K-Beach school site was still in use. Mr. Steffy indicated it had been shut down at the conclusion of the 1988 training season. The Federal Aviation Administration gave a one-year waiver to airport firefighters sothey could continue in their jobs and continued FAA approved airports. This extension runs out this summer. Some people have been sent outside for training. Some companies have conducted small scale training at their own facilities. Mr. Steffy said it was about 4 or 5 times more expensive to send people outside for training. Additionally, those areas outside which have provided training are now experiencing the same problems ex oriented here and may have to shutdown to training outsiders. Per Assomblymember Atkinson's query, Mr. Steffy confirmed the closed training site was placed on the DEC cleanup list at the university's request. Legislative funds have been received and the university is in the process of remediation at the site. He further stated there has been considerable environmental enlightenment in the past decade and the new facility would be appropriately constructed and administered than the past facility. Per Assemblymember Atkinson's inquiry, Mr. Steffy indicated meteorological considerations had been tightened up approximately 15 percent. if meteorological conditions were adverse, training would not take place. Assemblymember Atkinson asked.. if Mr. Steffy if there were a ballpark figure on an indoor facility. Mr. Steffy said he'd tried but not yet come up with the number and had indication from the legislature of support. Assemblymember Brown asked about the FAA waiver for small airports and other potential ramifications. Mr. Steffy said ramifications primarily fall on the small community operations -- airports won't receive FAA funding, insurance carriers reluctance to insure scheduled carriers, etc. MaZo ,Iahu Williams, Kenai, gave a 20 year history of the fire training school. The City of Kenai converted all available legislative appropriations on behalf of this fire training school. Additionally, the city looked at the economic benefits to the companies and the city by its presence. He observer] the 14 Decomhar I. 1m decade of the 90's was going to be a decade of federal, state and local government compliance. In order to comply, education was r" necessary this fire training school being the first of others. He asked the sixth whereas also reflect that in 1989, the Alaska State Legislature appropriated $1,400,000 additional dollars for the same fire training school. Ann cam, design chairman for the firegrounds design committee, said the committee spent more than a year on the design. He noted outside training isn't always applicable to the needs of this area. The $1.9 million currently set aside, would be needed to protect the groundwater. After investigation of firegrounds all over the country, the committee incorporated the best ideas. The committee felt there needed to be a long-term assurance of training here. Of primary concern is spending state monies on a facility which could be shutdown, and if air quality parameters change, trainees will still be faced with the cost and scheduling availability. Ross KUnda.Ll, Nikiski, stated support for the school. He noted other global polluting conditions including transport pollution. He favored the closed facility despite the probable cost. He suggested the costs would be recouped by expenditures of fire trainees in the area. Jahn Kistler. Soldotna, urged members to remember state revenues were shrinking and private industry should build the facility to educate its people. RES. 89-134 TO BE CONTINUED TO 1/2/90 FOR LEGISLATIVE CONSIDERATION (c) Res, 89-139 "Establishing a Priority List for Kenai Peninsula Borough Projects to Be Funded by the Railbelt Energy Fund" (Mayor) RES. 89-139 TO BE CONTINUED TO 1/2/90 FOR LEGISLATIVE CONSIDERATION Pres. Skogstad noted Ms. Huss's information on cost of the interties. He noted on Dec. 8th, the four boroughs. would be meeting on dispersion of the energy funds. Assemblymembers Glick and O'Connell would represent the Kenai Peninsula Borough. Assemblymember Brown said Local Affairs had unanimously recommended the outline on energy projects and remaining funds on a per capita allocation. There was no objection to Assemblymemtbers Glick and O'Connell going into the meeting with the outline for negotiations. N. PENDING LEGISLATION (This item lists legislation which will be addressed at a later time as noted) (a) 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) REMANDED BACK TO COMMITTEE (b) Res. 89-129 "Establishing Procedures for Setting Priorities for the Upgrading of the State's Secondary Roads and Rescinding Resolution 86-129" (Poindexter)REMANDED TO PUBLIC WORKS COMMITTEE - TO BE REPORTED OUT BY FEB. 6, 1990 0. FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON SUB JECTS NOT ON THE MEETING AGENDA P. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS 15 KrnAi Peninsula Borough gryyla Assembly Minutes j .,,, IM Q. MAYOR'S REPORT (a) Central Peninsula Hospital Insurance Changes SEE FINANCE COMMITTEE REPORT Finance Director Kinney reminded assemblymembers a pull tab regulations hearing would be held in the assembly chambers on Dec. 13. He also noted an administrative response to Assemblymember Keene's inquiry about gym floor replacement in Seldovia and the Bean Creek Road in Cooper Landing. R. OTHER BUSINESS S. ASSEMBLY AND MAYOR'S COMMENTS Assemblymember Moock again asked the attorney for interpretation of the sales tax report, questioning repetition of some accounts being continually delinquent. Assemblymember Glick thanked members attending the Kenai Caucus sponsored legislative meeting. Assemblymember Walli also expressed frustration with the sales tax collection system and repetitive accounts. Assemblymember Brown expressed frustration with the lack of consistency on the conflict of interest procedure. Pres. Skogstad announced the Legislative Committee will be chaired by Assemblymember John Crawford with Assemblymembers Brown, Glick, Mullen, and O'Connell also serving. He noted a solid waste committee was forming with Assemblymember O'Connell as chairman, with Assemblymembers Atkinson, McLane, Poindexter, Sewall and Superman, and he hoped to see the first report some time in April. Assemblymember Mullen was named as an alternate to Assemblymember Keene to the Cook Inlet Aquaculture Association. Assemblymember Brown congratulated Assemblymember Glick on her receipt of m plaque of appreciation for her ongoing work on the Kenai Caucus. Pres. Skogstad said the governor's office had notified the borough of three openings on the fish board and three openings on the game board. Resumes or recommendations needed to be submitted by Dec. 16th. T. INFORMATIONAL MATERIALS AND REPORTS U. NOTICE OF NEXT MEETING AND ADJOURNMENT (1/2/90) THE MEETING OF DEC. 19, 1989 WAS UNANIMOUSLY CANCELED AND THE NEXT MEETING SET FOR JAN. 2, 1990. Pres. Skogstad adjourned the meeting at approximately 12:40 a.m. Date Approved TAT1310" 7, 1090 Japda V. s eqr , y President ATTEST: 41 ,�(/ / 16 P.O. DOX INC PALMER. ALASKA 1011510M a PHONE 7451042 TO: Bobbi Smith, Co-chairman Marian Estelle, Co-chairman Bank Bartos Christine Blackburn Fred Dyson Agra Levesque Susanne R. Little Linda Swarner ASSESSMENT DEPARTMENT January 15, 1990 City of Barrow City of Petersburg Fairbanks North Star Borough City of Kodiak Municipality of Anchorage Matanuska-Susitna Borough City of Soldotna City of Kenai SUBJECT: AML Subcommittee on Land Use, Resources and Economic Development I would first like to welcome all of you to this oomittes and encourage each of you to study the policy statement and lend your expertise in areas with which you are most familiar. My study of the statements reveal areas of confusion primarily due to the lack of explanation for the purpose of AML oonoerns. Some work in this area has been accomplished; however, in many oases, understanding of why we suggest items is missing. Land Selection, Coastal Management, Subdivision, State Land Disposal and other portions of our two sections of responsibility are vague as to the reasons we make the recommendations in policy of the League. From experience, this is confusing to legislators and to lobbying ambers of the League as the issues are not clearly presented. Would each of you begin to try to fill in the blanks on each issue in regard to perceptions in your communities. Possibly we will have opportunity to discuss these at the January 31 meeting in Juneau and be more prepared to draft changes at our summer meeting. For the January meeting it is important that if any of you have issues that should be prepared for legislative action this session, issue statments and draft bill language should be prepared for consideration of the Legislative Committee and Board of Directors. This is the real work of the Legislative Subcommittees and reason you are supported by your community to attend to matters of mutual municipal concern -- See you in Juneau. Sincerely, Cary Lewis Cha an ya cc: Scott Burgess, Exec. Director Alaska Municipal League Gaye J. Vaughn, Chairman 1990 AML Legislative Committee 4-1 Ll&nl� _I CO W Cl),/�� T V/CD (� � 0 6 czY00 W LL � o 04 LL . M Cl)cr ♦: C N a) Y V) ftftm Z L O z W C a w o LU o T Q U a. 0- 2 CITY OF KENAI Request for state Grants 1990-91 Capital Improvement Projects AREA -WIDE ECONOMIC DEVELOPMENT Congregate Housing HEALTH & SAFETY $ 6,000,000 a. Water & Sewer Main Line Development 1,800,000 b. Sewer Treatment Plant Modification 325,000 c. Community Road Development 2,200,000 ECONOMIC DEVELOPMENT & TOURISM a. Boat Ramp Facilities b. Old Town Roads & Viewing Platforms c. Softball Control Center & Pavilions Economic Development & Tourism Subtotal 1,000,000 TOTAL REQUEST $ 11,325,000 *This is in addition to a $1,200,000 grant requested from ADEC water and sewer grant program. * *Needed to comply with latest NPDES discharge permit and EPA/ DEC requirements. This is in addition to a $325,000 grant request- ed from ADECwaterand sewergrant program. John J. Williams, Mayor Raymond Measles, vice Mayor Hal Smalley, Councilman Chris Monfor, Councilwoman Linda Swarner, Councilwoman Marj O'Reilly, Councilwoman Kevin Walker, Councilman TO DO LIST January 17, 199 KENAI CITY COUNCIL 1. B. Brighton - Pursue develop ent of agreement with Cook Inlet Housing Authority. I clude back-up on numbers discussed at meetin/�nmdrack record of problems in other areas. 2. J. Loper - Ord. forlan at 2-7 meeting. 3. C. Brown - Submit aon to Borough for funds for preparation of Comp4. J. Ruotsala - Contahy Harbaugh re/P&Z appointment. 5. B. Brighton - Wor with Arch. Kluge to bring Sr. Center remodeling down $250,000. 6. R. Ernst - Work ith Keen Eye Productions re/terminal lease and brin back draft to Council. 7. K. McGillivra - Work with K. Kornelis and J. LaShot on Pavilion/part' shelter. 8. K. Kornelis``- Get Cost break -down for Salmon Hatchery P,z`�oposal. 9. K. McGjl vray - Put in 1990-91 Beautification Comm. budget -/Cost of portable toilets at mouth of Kenai River fbr fishing season. 10. B. Mu rton - Pursue rezone of dump site, lease to Penla Sanitation for transfer site.