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HomeMy WebLinkAbout1990-03-21 Council PacketKenai City Council Meeting Packet March 21, 1990 AGSEN11,A KENAI CITY COUNCIL - ..EGULAR MEETING MARCH 21, 1990 - 7:00 PM WORK SESSION: 8:00 PM S. SCHEDULED PUBLIC COMMENT (10 Minutes) 1. CIRA Representative - Transfer of Sub -surface Rights C. PUBLIC HEARINGS 1 . Ordinance 1360-90 - Increwing Rev/Appns - Sewer Treat- ment Plant Modifications, 1990 - $84,800 a. Approval - Engineering STP-19W Modifications, Contract to CH2M HE - $84,800 2. Resolution 90-08 - Support of Formation of Citizens Ad- visory Committee, Cook Inlet ON 8 Gas Industry 3. Resolution 90.14 - Transfer of Funds - Additional Disk Drive for Library Computer System $10,000 4. `Renewal of Uquor License - Pizza Hut #9 Oaken Keg #58 5. Renewal of Liquor Ucense - Uttie Ski Mo Drive in The public is invited to attend and participate. Janet Ruotsele, CMC City Clerk AGENDA KENAI CITY COUNCIL - REGULAR MEETING MARCH 21, 1990 - 7:00 PM WORK SESSION: 6:00 PM A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non -controversial by the Council and will be approved by one motion. There will be no separate discussion of these items unless a Council member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. B. SCHEDULED PUBLIC COMMENT (10 Minutes) 1. CIRA Representative - Transfer of Sub -Surface Rights P a-,, cjwarsJri- 0 N K ,:L-,+� ��. �1 a wc�.o� - c tK.A C. PUBLIC HEARINGS 1. Ordinance 1360-90 - Increasing Rev/Appns - Sewer Treatment Plant Modifications, 1990 - $64,800 a. Approval - Engineering STP-1990 Modifications, Contract to CH2M Hill - �}�}�, $64, 800 2. Resolution 90-08 - Support of Formation of Citizens Advisory Committee, Cook Inlet Oil & Gas Industry 3. Resolution 90-14 - Transfer of Funds - Additional Disk Drive for Library Computer System - $10,000 4. *Renewal of Liquor License - Pizza Hut #9 Oaken Keg #58 5. Renewal of Liquor License - Little Ski Mo Drive In D. COMMISSION/COMMITTEE REPORTS 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. MINUTES 1. *Regular Meeting, March 7, 1990 F. CORRESPONDENCE G. OLD BUSINESS H. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Requisitions Exceeding $1,000 3. *Ordinance 1361-90 - Increasing Rev/Appns - Special Assessments on City -Owned Land - $6,826 4. *Ordinance 1362-90 - Increasing Rev/Appns - Council on Aging -Borough Fund - State Grant - $6,700 5. *Games of Chance & Skill - American Legion Post 20 6. *Games of Chance & Skill - National Multiple Sclerosis Society, Alaska Chapter 7. *Games of Chance & Skill - FOE Auxiliary of Aerie #3525 8. *Games of Chance & Skill - Womens Resource & Crisis Center —'9. *Games of Chance & Skill - Pioneers,of Alaska, Igloo #33 — 10. Approval - Assignment of Lease - Diamond -&r-- +b Schumacher - GAA (5c C", ,.41 (1 ,rrasas) ;• --11. Discussion - Kenai Borough Ordinance 90-16 - Sale of Alcoholic Beverages 12. Approval - Application for Lease - Wolverine Leasing - FBO S/D 13. Approval - Assignment of Lease, Security Purposes - Baldwin - GAA I. ADMINISTRATION REPORT'S 1. 2. 4 . 5. 6. 7. Mayor City Manager Attorney City Clerk Finance Director Public Works Director Airport Manager J. DISCUSSION 1. Citizens 2. Council K. ADJOURNMENT E-/ AGENDA KENAI CITY COUNCIL - REGULAR MEETING MARCH 7, 1990 - 7:00 PM A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non -controversial by the Council and will be approved by one motion. There will be no separate discussion of these items unless a Council member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. B. SCHEDULED PUBLIC COMMENT (10 Minutes) 1. Larry Powers - Lease of Sub -Tideland without Engineer's Stamped Drawings 2. Mr. & Mrs. Johnny Miller - Snow Removal C. PUBLIC HEARINGS 1. Ordinance 1359-90 - Amend Revenue Estimates in Capital Projects Funds - Expenditure of 1985 Legislative Road Grant 2. Resolution 90-07 - Transfer of Funds - General Fund - Purchase Humidifier for City Hall - $2,850 3. Resolution 90-09 - Transfer of Funds - Airport Land Fund - Overtime - $4,200 4. Resolution 90-10 - Confirming Assessment Roll - Candlelight/Linwood - Fixing Payment 5. Resolution 90-11 - Confirming Assessment Roll - VIP District - Fixing Payment 6. Resolution 90-12 - Confirming Assessment Roll - E. Aliak/Highbush - Fixing Payment 7. Resolution 90-13 - Confirming Assessment Roll - Lawton - Fixing Payment 8. *Renewal of Liquor License - The Rig Bar 9. *Renewal of Liquor License - Kenai Joe's 10. Renewal of Liquor License - Italian Gardens i... Little Ski-Mo D. COMMISSION/COMMITTEE REPORTS E. F. G. Iim 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 I404Z111o4* 1. *Regular Meeting, Feb. 21, 1990 CORRESPONDENCE 1. *Unity Trail Committee - Report on Kenai/Soldotna Bike Trail 2. *Sen. Fischer - Kenai Picture 3. *Council on Aging - Thanks to City 4. *Commissioner Merculieff, Alaska C&ED - Alaska Industrial Development & Export Authority OLD BUSINESS NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Requisitions Exceeding $1,000 3. *Ordinance 1360-90 - Increase Rev/Appns - Sewer Treatment Plant Modifications, 1990 - $64,800 4. *Games of Chance & Skill - CAP, Alaska 5. Discussion - Request Borough Mayor to Provide Free, Non -Commercial Waste Disposal Facility at Kenai Landfill Site a. Waste Disposal Facilities in 1st Class & Home Rule Cities, Seasonal Locations & Receiving Stations 6. Discussion - Sub -Surface Rights for City Properties 7. Approval - By -Laws Amendments - Council on Aging 8. Discussion - Symposium - Leadership Ethics - April 3-4 - Juneau - AML 9. Discussion - Special Use Permit - Video Display Kiosk - Airport Terminal - Keen'Eye Video 10. *Games of Chance & Skill - League of Women Voters of Alaska 11. *Games of Chance & Skill - American Legion Auxiliary #20 I. ADMINISTRATION REPORTS 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager J. DISCUSSION 1. Citizens 2. Council K. ADJOURNMENT KENAI CITY COUNCIL - REGULAR MEETING - MINUTES MARCH 7, 1990 - 7:00 P.M. KENAI CITY HALL VICE MAYOR RAYMOND MEASLES PRESIDING A _ CALL TO O RDE R 1. Pledge of Allegiance 2. Roll Call Present: Measles, O'Reilly, Smalley, Swarner, Walker Absent: Williams, Monfor 3. Agenda Approval Changes to the packet: Item B-1: Add Item C-4: Add Item H-5: Add Item H-6: Add Item H-12: Games of Chance and Skill for Peninsula Oilers - Consent Agenda Item H-13: Games of Chance and Skill for Kenai Emblem Club - Consent Agenda MOTION: Councilman Smalley moved for approval of the amended agenda, seconded by Council VOTE: Motion passed by Unanimous Consent 4. Consent Agenda Approved as submitted. B _ SCHEDULED PUBL=C COMMENT (10 Minutes) 1. Larry Powers - Lease of Sub -Tideland Without Engineer's Stamped Drawings Mr. Powers not in attendance, Mr. Miller is taken first. B. 2. Mr. & Mrs. Johnny Miller - Snow Removal Mr. Johnny Miller, Alder Street, Kenai: What we were complaining about is the snow removal in Woodland and through the town. We called in to City Hall numerous times and got the same reply, we don't have the manpower nor KENAI CITY COUNCIL March 7, 1990 Page 2 the money. Which is understandable in some circumstances I guess. My father worked as a city employee in a different city for about 15 years and I talked to him about it and he told me some ideas that I would like to give you and I'm sure you've already thought about it. One idea is appropriating more money for snow removal. It's been a pretty big inconvenience for a lot of people this year. For us its been a real bad inconvenience. For Soldotna too. I know there was a situation where some city employees received traffic tickets for not removing the snow and an ambulance was called to a residence and got stuck. I guess to make sure that wouldn't happen I would think something could be done about it. I know this year has been really bad with the snow, but ... this is Alaska. I'm sure some of you had trouble this winter unless you have 4-wheel drives. I don't and I hope something can be done about it for next year. Councilman Smalley: Has the situation been remedied now. Answer yes. The snow has been cleared but even at that the road has one lane traffic. In Woodland it is, I don't know about the rest of the town. I work out of town. I understand the airport is the number one priority, I realize that. But, the snow is cleared now, the roads are down to one lane, the snow berms are high, it's the same thing I'm sure you've heard before. The reason I'm concerned is that it was my sister the ambulance had to go to and the ambulance got stuck in front of her house because the snow wasn't removed. It could get serious. Councilwoman Swarner: Are you willing to pay more taxes in order to have the snow removed in a speedier fashion. Mr. Miller: I don't see why not. Councilwoman Swarner: Do you own your home? Answer yes. My wife couldn't make it to work one day. It was like 3 P.M. before the snow even got removed to where we could get out. The snow was 6' to 8' deep and our car couldn't make it around the corner. Councilwoman O'Reilly: I can appreciate your comments, I was in a similar situation. I got a ride to school one day, someone came and got me. It was difficult and yet I think the City of Kenai has done a fantastic job in the past 10 days considering the amount of snowfall which we both agree is unusual. It put me in mind a little bit of when I lived back east and when we got 6" to 10" of snow, everything shut down. As you say, this is Alaska. I think it was an extraordinarily unusual situation and I think the department did an excellent job: Granted, that doesn't answer your particular problem. Councilwoman Swarner: That was in Soldotna, right? Mr. Miller: Yes. I'm not comparing the two towns at all, I'm just saying before something like that happened here, and before the city got in trouble for anything serious I would think somebody would do something about it. Councilwoman Swarner: I wasn't here during the snowfall, I was in Fairbanks, and they don't clear their streets for like a month at a time. They have a downtown schedule of like two weeks and they've had lots of snow already. There are a lot of bumps. Keith, when it comes time for budget I would like you to have some figures on the cost of alleviating KENAI CITY COUNCIL March 7, 1990 Page 3 some of the berms in the drivemys. We've talked about this before. Or how much more it would cost in manpower. Something we could have in black and white so we can compare it so at budget time, if people are willing to pay for it, it would be considered. Councilwoman Monfor agrees. Councilman Walker: Also include in that the prices of equipment that would be required in addition to the mwgx wer. The way I see it it would take at least one new grader and another loader. Councilwoman Swarner: Whatever you need, a part time employee, a contractor, whatever. PW Director Kornelis: We did study on that, one in 1978 and one 1981. I passed that out before. Councilwoman Swarner: That didn't include the price of equipment. PW Director Kornelis: Not the price but what equipment would be needed. Councilman Walker: Incidentally I priced a front end loader today and it was about $175,000 for a 966-C. Mr. Miller: Instead of buying new equipment that would be sitting around all year round, what the city of Soldotna does is contract out private companies in the winter. That would save on buying the machinery. Councilman Smalley: That's partially correct, I think they use their own blower and graders and they contract the trucks to haul so they don't have maintenance on the trucks, but other than that it's their manpower, graders, and blowers. And even that does have its problems. There are other problems. Its been unusual the last two years, the amount of snowfall that we get at any one time. I agree with Councilwoman O'Reilly, in light of the amount of snowfall we got I think the City has done a real fantastic job. Granted, not every street is going to get the same thing, but they do their best. I saw the news tonight, there's been vehicle stuck in Denver for 35 hours. B-1. Larry Powers - Lease of Sub -Tideland Without Engineer's Stamped Drawings Mr. Powers presented drawings which did not make it in time for the packet. Note: Mr. Powers' comments are verbatim. Mr. Powers, Kenai resident for 30 years: I'm ready to put a dock down on the Kenai River as well as a boat haul to haul boats out up to 150 tons. To do so I'm going to need to do a lot like is on your drawing there. I need to have a drawing that's been done by an engineer, stamped by an engineer before I can lease this sub -tideland from the City. I want to show you what I'm going to be putting on the property. The ramp that goes down underneath that floating dock is concrete, this is what I'll be pulling my large craft out of the water on. What the dock will be laying on during low water will be concrete. I talked to Howard Hackney and he said there was no building permit necessary for concrete slab up on the dry ground, I don't know about building permits for the ramp that will be used for the boat haul. The floating dock will go right on top of that concrete slab so it won't ever be sitting on the tideland itself. KENAI CITY COUNCIL March 7, 1990 Page 4 I guess, at this point, its unclear to me ... as well as the concrete pad that goes underneath my dock, I'll also have anchors out on the end of the dock that will be going into the tideland, they'll never be exposed at low water though. Neither will the end of my dock, be sitting on the mud at low water. At a minus 5' tide the end of my boat ramp will still be under about 3' of water. What I'm wanting to ask the Council is if they would consider leasing me this property without an engineered drawing, beings that all I'm going to be putting on the City property is that concrete pad that goes down underneath for my boat haul. I spent the last week, I had a 54' x 84' building that was stamped by an engineer that crashed clear to the ground destroying nearly everything I have in my shop. I've been a welder and fabricator for 15 years and have built more than 300 boats around here and so far none of my boats have sunk or been destroyed by any of the forces of nature. This dock in the picture is one that I have purchased and has been sitting in the water and working fine for the last five years in Washington and I have no reason to believe it won't work perfectly for me here, even though there are no engineered drawings of that dock. The dock won't be here for me to have an engineer look at it and do that sort of thing until the middle of May and I'm going to want to have it in the water by the end of May and it will only take me a few days to put the dock in the water but I'm going to need to have my tideland lease prior to that. I would like to starting pulling big boats out by the middle of May. I have several of them that are slated to get pulled out then. I don't have, on this drawing a very good picture of where the river bank is and so forth, but where the dock starts at the top of the ramp is basically 4' above mean high tide. Note: The remaining portion taken from Clerk's notes. Vice Mayor Measles asked for comments from the Public Works Director. I view this as same as he did last year. Tidelands are owned by the City and we need reassurance that it will not come loose and damage boats. We need to come back and say registered professional engineer said we could do this. It helps our liability. We did this with Mr. Dragseth. We required this from Larry Powers last year and it did not go through. I think it is wise to do this again this year. Vice Mayor Measles: Will this require a Corps of Engineers permit? Mr. Powers: I already have that. What is attached to city land will not be like Mr. Dragseth's. It is not attached. I don't think it will come out. Nor will anchors or concrete. That will not break loose and go down river. I have general liability insurance and am required to have insurance to lease from the City. If my dock breaks loose and destroys property it will reflect on me and not on the City. Councilwoman O'Reilly: You had a Corp of Engineers permit? Was that part of the process to submit a drawing? Mr. Powers: Yes. It was done by Ron Rice. He is not a design engineer. He is not licensed to do this. He KENAI CITY COUNCIL March 7, 1990 Page 5 did not put a stamp on it. Homer Hydraulics is only one qualified and his dock just caved in. The dock won't be here until May. I have already purchased it. It has been working for five years. It is all aluminum, 16' wide, and can drive 20 tons down the middle of it. I believe the city one is the same. I will not be needing fork lifts very often on it. If it does break loose it will be like a 40' boat drifting loose. Councilman Smalley: Would you have a problem getting a hold of the Homer engineer to certify this? I think the City will require this. Mr. Powers: Yes, but it is still in Washington and I will not have it here until May 12th. There are no engineer drawings on it. It has been floating in Anacortes for five years. They did not require one. I would have no problem with getting drawings after it gets here. Councilman Smalley: Is it: possible to receive documents by mail with specs? Mr. Powers: I have specs, just no drawings. It was in a boat yard in Snohomish that engineered and built it. Councilman Walker: Is it possible to have an engineer look at it where it is and have it sent to you? This drawing does not have specs, but if it is stamped by a licensed engineer, it should be acceptable for approval. Mr. Powers: The dock is setting in water and has little free board. The engineer said until it is out of the water he cannot tell what it is. The agreement with the owner is that they can use it until April 15th and then bring it up here. As soon as it comes out of the water I can get it done, but I want this dock and have paid for it. Before I float it in the Kenai River I will submit an engineers5tamped drawings to Council but I need to lease so I can start. I want the boat haul -out and 200' building for boat repairs and major boat yard. I will want this dock. I need to move on with the ramp. I don't want it to be a last minutes deal. Councilman Walker: Would .it be possible to write lease documents with certified document with engineers stamp before the dock goes in? Attorney Rogers: We could. My concern is we will be getting into negotiating without set procedures. We have required this of others. We could draft a document with requirements. Enforcement would be a problem. What happens if there is substantial amount of funds expended and it is not done? Councilwoman O'Reilly: The lease is being advertised, have there been any responses? Administrative Assistant Howard: No. I have not received any. April 3rd is the deadline. There would have to be notice in the newspaper for public hearings at the Planning Commission and Council. Vice Mayor Measles: What would be the time frame? Answer, about May 1st. Vice Mayor Measles: Even without the engineers drawings it would be mid May. Administrative Assistant Howard: It would be putting it close. PW Director Kornelis: We have four engineers in,{he city that could do this. They could pull one module out where it sits and do drawing on this. Also, regarding the Corps permit, it is part of the lease requirements. We have not seen this permit. If you plan on using the one you had last time, it is different now. KENAI CITY COUNCIL March 7, 1990 Page 6 Mr. Powers: That's correct. The original permit was for a narrower boat haul -out, wooden dock, and this is amended for longer boats. PW Director Kornelis: We would have to see the Corps permit. Administrative Assistant Howard: There would have to be an appraisal that would be another two weeks. Vice Mayor Measles: So it would be late -May at the least. PW Director Kornelis: Assuming he was successful bidder. Councilman Smalley: What happens if there is an unsuccessful bidder who meets the code? Attorney Rogers: You cannot waive requirements for one and not for all. To waive procedures would not be in the best interests of the city. The deep pocket would be city not applicant. Mr. Powers: As far as I know, I am the only shipwright in town. I just build boats outside the city. If it were in the city you would get sales tax. If you look at who would be the best for the proposal it would be me. I am the only one capable of holding this job. Vice Mayor Measles: The question is not who is best for the job but are we going to waive requirements. Councilman Smalley: Could you contact k.k& builder in Snohomish? Mr. Powers: I did but it was five years ago. They do not have them. Councilman Smalley: I would encourage you to continue looking. I will not support a waiver. It would put the city in jeopardy. Councilman Walker: I believe that by the time this lease was received if you were the highest bidder, would you have the documents? Mr. Power: Yes. As long as the Council would approve. What I will do is submit the application for just the ramp. Forget the dock. I will get that later. But I think it is a substantial loss to the city. Vice Mayor Measles: Either way, the lease will not be completed until the middle of May no matter what you do. Mr. Powers: I just want to make sure I can get the lease before I go too far. If the city finds they don't want me to complete with me, I am just doing the best I can with what I have. Councilman Smalley: If his lease comes out for pull-out, can he modify it at any time if he gets the requirements? Attorney Rogers: We have done lease modifications before. He can petition for that. PW Director Kornelis: He would have to have some requirements. Councilman Smalley: But he would have time. PW Director Kornelis: He would have to come to the city before putting the dock in. Vice Mayor Measles: Will you resubmit? Mr. Powers: Yes, for the ramp and anchors. PW Director Kornelis: What would be the purpose of anchors if you do not have a dock? Mr. Powers: I may do most I can as I can. I will have drawings prior to my lease. Last year I started the lease application too late. I got the dock at a real good price. C _ l uniB xC HEARINGS Janet Sumey, Deputy Clerk KENAI CITY COUNCIL MARCH 7, 1990 PAGE 7 C-1 Ord. 1359-90 - Amend Rev. Estimates in Capital Projects Funds - Expenditure of 1984 Legislative Road Grant MOTION: Councilwoman O'Reilly moved, seconded by Councilwoman Swarner, to approve the ordinance. There was no public comment. Motion passed unanimously by roll call vote. C-2 Res. 90-07 - Transf of Funds - General Fund - Purchase Humidifier for City Hall - $2,850 Vice Mayor Measles. There are typing errors, they have been corrected on the original resolution. MOTION: Councilman Smalley moved, seconded by Councilman Walker, to approve the resolution. There was no public comment. Motion passed by unanimous consent. C-3 Res. 90-09 - Transf of Funds - Airport Land Fund - Overtime - $4,200 MOTION: Councilwoman Swarner moved, seconded by Councilwoman O'Reilly, to approve the resolution. There was no public comment. Councilman Smalley. This is snow removal money? Answer - yes. Motion passed by unanimous consent. C-4 Res. 90-10 - Confirming Assessment Roll - Candlelight\Linwood - Fixing Payment MOTION: Councilwoman O'Reilly moved, seconded by Councilwoman Swarner, to approve the resolution. PUBLIC COMMENT: a. Coral Seymour, 1101 1st, Kenai. I am General Manager of the Peninsula Oilers. I am officially KENAI CITY COUNCIL MARCH 7, 1990 PAGE 8 protesting the assessment for the Oilers since we are a non-profit organization and we feel we should be treated differently than property owners. The City is actually owner of the property. We lease for $1 per year but there is a clause in the contract that if we cease to exist, all reverts to the City intact. The Oilers, to my knowledge, have not received any information on this deal after it was done. The reason is, the letter was addressed to General Delivery, Kenai. The City has the correct address. The post office sometimes delivers General Delivery, but not always. If it does not have the correct address, we don't always receive it. When we did receive it, we discussed it with the City Manager and some Council members and were told we would not have to pay. We would like to have this postponed till City Manager Brighton can put something into it. Councilman Walker. The City Manager and some Council - which Council members? Mr. Seymour. Councilman Measles is one. I was not doing the talking, I was not aware of this till I received the letter. �~ Vice Mayor Measles. I did not make any statement to anyone that owners would not have to pay. Rather than postpone this, possibly after City Manager Brighton returns, this item could be brought back separately from the assessment roll. Finance Director Brown. Council could adopt the roll as is and if there is some agreement I do not know about, the City could pay the Oilers' assessment. Then the assessment would stand as is. I don't know of any other way. I do not know of any legitimate way. Notices were sent to the addresses on the Borough tax roll. I don't think they should not pay. They belong on the roll. Vice Mayor Measles. That could be done by another resolution. Councilman Walker. (to Finance Director Brown) It does not seem any assessment is very high. Have you had a number of responses as to whether they could pay in a lump sum? Finance Director Brown. No, but a lot of people do not understand this. Councilwoman O'Reilly. What date did the notices go out? Finance Director Brown. About 20 days ago. Motion passed by unanimous consent. KENAI CITY COUNCIL MARCH 7, 1990 PAGE 9 C-5 Res. 90-11 - Confirming Assessment Roll - VIP Dist. - Fixing Payment MOTION: Councilwoman Swarner moved, seconded by Councilman Smalley, to approve the resolution. There was no public comment. Motion passed by unanimous consent. C-6 Res. 90-12 - Confirming Assessment Roll - E. Aliak/Highbush - Fixing Payment MOTION: Councilwoman O'Reilly moved, seconded by Councilwoman Swarner, to approve the resolution. PUBLIC COMMENT: a. Dorothy Howell, 506 Highbush, Kenai. I am pleased with the paving. I don't mind that but we are being assessed for property that was not paved and I don't think that is fair. Lot 1,2 & 3, right past lot 104 that we own. It was paved to the end of those 2 acres. Finance Director Brown. The Code says the property is assessed if it is adjacent to paving or improvements. The practice we have followed for 10 years is to make an arc for assessments. Mrs. Howell. Why? We are not getting anything for our money. Finance Director Brown. Because there is pavement to your property line. Public Works 'Director Kornelis. It does not make a difference to the City finances. If we took them off it would be charged to other property owners. But this is.how the Code is interpreted. Mrs. Howell. What will happen if and when it is paved? Will that part be taken off that we paid? Or will we have to pay double? Public Works Director Kornelis. It has never happened before. Probably we would not charge what has been paved. If you have a government lot, you go 150 ft. back. If it is subdivided, you do the whole lot. Vice Mayor Measles. You have control over that because there is no dedicated right of way. It could only be paved if you dedicated part to put a road there. KENAI CITY COUNCIL MARCH 7, 1990 PAGE 10 VOTE: Motion passed by unanimous consent. C-7 Res. 90-13 - Confirming Assessment Roll - Lawton - Fixing Payment Councilwoman Swarner moved, seconded by Councilwoman O'Reilly, to approve the resolution. There was no public comment. Motion passed by unanimous consent. C-8 Renewal of Liquor License - The Rig Bar C-9 Renewal of Liquor License - Kenai Joe's Approved by Consent Agenda. C-10 Renewal of Liquor License - Italian Gardens ` Little Ski-Mo Vice Mayor Measles. Italian Gardens is okay, Administration is requesting postponement for Little Ski Mo till March 21 meeting. MOTION: Councilman Smalley moved, seconded by Councilwoman O'Reilly, to send a letter of non -objection to Alcoholic Beverage Control Bd. for Italian Gardens, and postpone action on Little Ski Mo till March 21 meeting. Motion passed by unanimous consent. D. COKMISSION/COMMITTEE REPORTS D-1 Council on Aging Councilwoman Swarner. Things are looking up for Congregate Housing. D-2 Airport Commission None D-3 Economic Development Commission None KENAI CITY COUNCIL MARCH 7, 1990 PAGE -11 D-4 Harbor Commission None D-5 Library Commission None D-6 Parks & Recreation Commission None D-7 Planning & Zoning Commission None D-8 Misc. Commissions & Committees a. Councilman Walker. I attended a meeting at Univ. of Alaska Feb. 26 regarding the Helicopter Cold Water Recovery School. I met with a lot of opposition. I was an Ad Hoc member. The synopsis is the military would like to have it within one hour of Anchorage. We need to continue to apply political pressure if we want it in Kenai. We made our statements regarding use of the land and utilities. There were comments from Sitka that if they had known it was open to lobbying they would have had theirs. I said we have been in on this from the start. There are 3 locations to consider, 2 in Anchorage and one here. I will have a report at the next meeting. It looked bleak by the end of the meeting unless we can override military concerns. We did not get much support from the oil industry. b. Councilwoman Swarner. I was not at the Beautification Comm. meeting. The last page has a motion for Public Works Director Kornelis to check on a boom truck. Was that done? Public Works Director Kornelis. Yes, I met with the committee. It is a 1964 International truck, it would be difficult to get parts. E. MINUTES E-1 Regular Meeting, Feb. 21, 1990 Approved by Consent Agenda. F. CORRESPONDENCE F-1 Unity Trail Committee - Report on Kenai/Soldotna Bike Trail KENAI CITY COUNCIL MARCH 7, 1990 PAGE 12 F-2 Sen. Fischer - Kenai Picture F-3 Council on Aging - Thanks to City F-4 Commissioner Merculieff, Alaska C&ED - Alaska Industrial Development & Export Authority Approved by Consent Agenda. G. OLD BUSINESS None H. NEW BUSINESS H-1 Bills to be Paid, Bills to be Ratified MOTION: Councilwoman O'Reilly moved, seconded by Councilman Smalley, to approve the bills as submitted. Motion passed by unanimous consent. H-2 Requisitions Exceeding $1,000 MOTION: Councilman Smalley moved, seconded by Councilman Walker, to approve the requisitions as submitted. Motion passed by unanimous consent. H-3 Ord. 1360-90 - Increase Rev/Appns - Sewer Treatment Plant Modifications, 1990 - $64,800 H-4 Games of Chance & Skill - CAP, Alaska Approved by Consent Agenda. H-5 Disc. - Request Borough Mayor to Provide Free, Non -Commercial Waste Disposal Facility at Kenai Landfill Site a. Waste Disposal Facilities in 1st Class & Home Rule Cities, Seasonal Locations & Receiving Stations Vice Mayor Measles. Additional information was passed out to Council during Break. PUBLIC COMMENT: a. Borough Assemblywoman Betty Glick. Res. 90-11 was distributed at the Assembly last night. It was to be voted on. Res. 90-19, Res. 90-11 and Ord. 90-23 were all postponed. Council has copies of all these. After many years of requests by the KENAI CITY COUNCIL MARCH 7, 1990 PAGE 13 City to close the site, it will be closed some time in May or June 1990. There is no projection at this time to have a transfer site operated by the Borough for City benefit. Res. 90-11 is to lease to private enterprise. But when the disposal of garbage is being paid for by user fees it should be across-the-board in the Borough. Seward pays $15 per month whether they use it or not. But we are talking about user fees for disposal of garbage. We had hoped to have representation by the City but in talking to Clerk Ruotsala, no one was available to come. You will have a chance to make a presentation at the April 3 Assembly meeting. Regarding the 5 acre lease, it has not been specifically dedicated. The proposed lessee is looking at one area, the Borough administration is looking at a different area. In Feb. the City Council suggested that Administration contact the Borough. To my knowledge, no comments have been made. Do Finance Director Brown or Vice Mayor Measles know of any? Admin. Asst. Howard. City Manager Brighton called Mayor Gilman. Assemblywoman Glick. Nothing at this time? Answer - no. Councilman Walker. What fees do people in Homer and Ninilchik pay? Assemblywoman Glick. There are no fees for any other area for disposal of garbage. Homer has a baler facility. We had a $4 Million bond issue in Seward for a baler facility. But because of high water table, we may have to close the Seward facility and truck to Soldotna. Councilman Smalley. The original proposal we got said the committee was requesting the Borough Mayor provide free facilities. In substitute Res. 90-11 there is nothing regarding it being free. Assemblywoman Glick. Right. Assemblyman Nash said last night that.he will make amendments to this, but we have resolution 90-19 that requests that till such time user fees are on a Borough -wide basis, the City be provided service with no charge. Councilman Smalley. Does it have to be rezoned for commercial? Public Works Director Kornelis. Yes, City Manager Brighton talked to Borough Mayor Gilman and Assemblyman Nash regarding this. Assemblyman Nash felt these resolutions were going to pass and that it would be resolved. City Manager Brighton thought it was being taken care of. He may not be aware of Res. 90-11. KENAI CITY COUNCIL MARCH 7, 1990 PAGE 14 Assemblywoman Glick. Regarding zoning, Councilman Smalley is correct. The site is 90+ acres, 45 acres is used for landfill. The Borough Land Commission has requested rezoning of the 45 acres. I am requesting the City look at Res. 90-11, what do you think of it, shall we object to it or make an amennt? I would like input on Res. 90-19. I have a survey by Sky Carver, proposing to lease. Approximately 57% of the City residents utilize his sorvices for collection at home. A number of people rent to this when the City dump was proposed to close. Public Works Director Kornelis. It says 15 miles in the ordinance. It appears our land fill is 15-1/2 miles from the Soldotna one. Would that include transf*r site? Assemblywoman Glick. No, we discussed this. If you measure from one point of the City it may be too far. They made the decision that Soldotna and Nikiski would be utilized. When I was on Council there was a member that was very vociferous regarding( closing. Not much was done, but some _., have added their voices so it has come to an end. Public Works Director Kornelis. We gave the Borough Clerk a packet on the land fill. Does Assemblywoman Glick want copies? We have been getting extensions since 1982. Councilwoman Glick. The Clerk may have been getting it for the Solid Waste Disposal Committee. They will be reviewing and giving recommendations. I would like that information. Councilman Walker. Regarding Res. 90-19 and Res. 90-11, you said 57% of Kenai people use Sky Carver's service. That leaves 43% hauling their own. Res. 90-19 says at the same site. That will have to be discussed at P&Z. The site we have is being closed for a number of reasons. It has been in the works for a number of years. The Borough has had a number of years to resolve this. The Borough Mayor has said he does not want to have service for Kenai. That leaves about 2,000 people that will have to haul their garbage. The final site is up to the Borough. But it is the responsibility of the Borough to take care of solid waste. I don't see they are doing this. unless everyone in the Borough is paying the same amount, I think it is up to the Borough. There will be extra traffic and hassle. The Borough KENAI CITY COUNCIL MARCH 7, 1990 PAGE 15 should take a stronger look at providing a site at a place of the City's choosing. Assemblywoman Glick. These points have been made at Borough meetings regarding the number of people not utilizing the service and the number of cars that would be on the highway. It would be in the City's best interest to make a recommendation for a site. This is a short term solution to put it where the current land fill is. The Solid Waste Committee is looking at a long term solution. Fees are certainly in the future. I would ask that Council review this and get an opinion to the local legislators and we will work with you. Vice Mayor Measles. We appreciate the efforts of Assemblywoman Glick and the other Borough representatives. We will have people at the next meeting and apologize for not having people at the last one. Councilwoman O'Reilly suggested a work session at the March 21 meeting at 6:30. Clerk Ruotsala to add this to the meeting notice. Councilman Smalley suggested inviting P&Z. Council agreed to the suggestions. H-6 Disc. - Sub -Surface Rights for City Properties Admin. Asst. Howard. Some of the properties are not City lands. The letter says a portion is City property. We have till April 3 to make an objection or comments. The 1st map in the packet shows the map from the post office. The one behind is mostly airport land, a lot of the land is privately owned. MOTION: Councilman Walker moved, seconded by Councilwoman O'Reilly, to write a letter of objection and run it through the Legal Dept. The letter would cover items listed on the map. Councilman Walker. It is in the best interests of the City to object to this to cover surface interests. Conceivably they can tear down anything on the surface to get what is below the surface. Vice Mayor Measles requested Administration draft a letter of objection for the March 21 meeting. Atty. Rogers. For protection of surface owners? Answer - yes. H-7 Approval - By -Laws Amendments - Council on Aging KENAI CITY COUNCIL MARCH 7, 1990 PAGE 16 Vice Mayor Measles. How is this different? Councilwoman Swarner. The previous annual meeting was in January. This year terms of 3 members expired in December and new ones were not all there in January. Program Director Porter. Three members were officers. We had no officers in the January meeting. We felt it was better to elect officers in March. MOTION: Councilwoman Swarner moved, seconded by Councilwoman O'Reilly, to adopt the amendments to the By -Laws. Councilwoman Swarner. The Council on Aging has approved this. Councilman Walker. If the annual meeting is in March and terms expire in December, the meetings are bi-monthly, would there be another meeting? Councilwoman Swarner. There would be a January meeting. Councilman Walker. Who would chair? Councilwoman Swarner. This year they all expired, but they could select someone. Councilman Smalley. This does not solve the problem. Councilwoman Swarner. We had ash in January and that compounded the problem. This can be re -worded. Councilman Smalley. They could work with Administration to draft it. VOTE (Failed): Motion failed unanimously by roll call vote. H-8 Disc. - Symposium - Leadership Ethics - April 3-4 - Juneau - AML Councilman Smalley. I have a concern of hiring someone at $75,000 to teach ethics to the legislators, from outside. Councilwoman O'Reilly. I take offense. I don't think you get ethics from consultants. You have them and operate based on them. I don't think you can be taught. No action by Council. H-9 Disc. - Special Use Permit - Video Display Kiosk - Airport Terminal - Keen'Eye Video KENAI CITY COUNCIL MARCH 7, 1990 PAGE 17 Atty. Rogers. (Distributed amendment) Airport Manager Ernst and I have no problem. I recommend one year. The primary interest of the City was seeing the City advertised. As it is set up now, there is a 4 minute video. PUBLIC COMMENT: a. Red Goodwin, Keen'Eye Video. That 4 min. will be disbursed throughout the video. Also a "touch screen" will be dedicated to the airport. The term on the 1st permit may include to June 30 and one additional year. Atty. Rogers. Fourteen months for the initial year. MOTION: Councilwoman Swarner moved, seconded by Councilman Smalley, to approve the permit with amendment. Councilwoman Swarner. I don't see anything that Mr. Goodwin should be current on sales tax. Atty. Rogers. We won't execute till this is verified. MOTION, Amendment: Councilwoman Swarner moved, seconded by Councilman Smalley, to amend the motion that he must be current on sales tax. Motion, with amendment, passed by unanimous consent. H-10 Games of Chance & Skill - League of Women Voters of Alaska H-11 Games of Chance & Skill - American Legion Auxiliary #20 H-12 Games of Chance & Skill - Peninsula Oilers H-13 Games of Chance & Skill - Emblem Club #455 Approved by Consent. Agenda. I. ADMINISTRATION REPORTS I-1 Mayor Vice Mayor Measles spoke. a. The Borough Ordinance 90-16 (item I-1) regarding sale of alcoholic beverages between 2:00 AM and 9:00 AM. KENAI CITY COUNCIL MARCH 7, 1990 PAGE 18 Clerk Ruotsala. Assemblyman Brown called March 6 and explained the public hearing will be March 20. He was going to try to come to the Council meeting this date. He wanted to know the City's feelings on the ordinance - if the City wanted to have an election within the City, if the City wanted to conform to the Borough election, or if they had any other concerns. Councilwoman O'Reilly. I can see a terrible problem with closing outside cities different than inside cities. Whatever happens, it should be Borough -wide but we should see what the Borough does. PUBLIC COMMENT: Assemblywoman Glick. There is going to be a proposed substitute at the March 20 meeting that would prohibit alcohol beverages in all areas of the Borough. It would be a ballot issue. Discussion was regarding traffic from outside cities to inside cities. Seward enacted an ordinance and it was challenged. It was on. the ballot and passed to close at 2:00 AM. Seward asked the Borough to put this on the ballot. Vice Mayor Measles. This ordinance puts it on the ballot? Assemblywoman Glick. On an area -wide basis. I will give copies of the amendment to Clerk Ruotsala for distribution. b. A letter from the Alaska Environmental Lobby Inc., distributed this date regarding municipal assistance for the oil response fund. Council took no action. I-2 City Manager Acting City Manager Brown reported, we loaned Nikiski one of our ambulances when theirs was damaged by snow. It will be better equipped then it was before. I-3 Attorney Atty. Rogers spoke. a. The Cook Inlet Housing Authority agreement draft is done. It will be at the April 4 meeting. A representative will be at that meeting. b. At the March 21 or April 4 meeting, we will have to have an executive session to discuss litigation. KENAI CITY COUNCIL MARCH 7, 1990 PAGE 19 C. I will be gone for the Alaska Bar Assoc. meeting for City business. I will have personal leave on both ends of that. d. The indemnification agreement previously discussed regarding police officers, Hoffman and Rouse, has been signed off. I-4 Clerk None I-5 Finance Director None I-6 -Public Works Director None I-7 Airport Manager Airport Manager Ernst spoke. a. Mr. Schilling will try his best to get open March 11 (Airport Bar). It looks like he will make it. He has done an exceptional job. b. Thanks to Kenai Air for 2 hours helicopter time for animal control, the cost would have been $1,080. C. Vice Mayor Measles. What is the status on the display of the platform? Airport Manager Ernst. They will start construction next week. They will probably put up 2 temporary walls to secure. Vice Mayor Measles. How long? Mr. Ernst. About one week to finish, three days to put the model together. J. DISCUSSION J-1 Citizens a. Barbara Waters, 311 Kulila, Kenai. Assemblywoman Glick mentioned the questionnaire done by phone through Peninsula Sanitation. (She distributed the questionnaire) It was very informal, done by an agency in the area. He contacted the 283 phone prefixes, 255 home dwellers. I found the numbers interesting. 102 of 255 are now using private service. Before next meeting this could be in the newspapers or we could have a phone survey. Somehow we should be able to find out what the KENAI CITY COUNCIL MARCH 7, 1990 PAGE 2 0 people want. I pay for mine through pick-up. Basically people in the area are close enough to a transfer site. If they start putting free transfer sites back here or elsewhere, they may have to put one back at Robinson's, Log Cabin Gift Shop, etc. They were very popular, but were not used very nicely. In our business we have a dumpster. We are on a will -call basis. I have a concern that when the land fill closes, it will be used by many people. That is a concern for other business owners. These are things you should look at. I would like to see some kind of survey or public input as to what people want. J-2 Council a. Councilman Walker. I would like to hear from the public regarding solid waste. I have heard so far that they want a transfer site but do not want to pay for it. b. Councilman Walker. Regarding the request from Mayor Williams to locate pictures of platforms. I have contacted the oil companies and they will provide them for the airport. C. Councilwoman Swarner. We take our garbage. d. Councilwoman Swarner. I noted cars parked on the streets. Have you been hauling cars? Public Works Director Kornelis replied, quite a few. Councilwoman Swarner. Keep on doing it. e. Councilman Smalley. We take our garbage to the land fill. We were polled. f. Councilman Smalley. I will not be here March 21. K. ADJOURNMENT Meeting adjourned at 9:40 PM. Janet Ruotsala, CMC City Clerk 17M -15l1 CITY OF KENA1. %%Od Cap"i'Wal 4 4"ff 0M.MUU MI -" FAX W-283-3014 NOTICE OF WORK SESSION The Kenai City Council will be having a work session on Wednesday, March 21, 1990 at 6:00 PM, immediately preceding the regular Council meeting. To be discussed: KPB Ord. 90-11, KPB Ord. 90-23, and KPB Res. 90-19 - All Relating to the Kenai Landfill The Council has extended a request to the Kenai Planning & Zoning Commission and the five Borough Assembly members representing the City of Kenai area to attend. The public is invited to attend and p participate. Janet Ruotsala, CMC City Clerk DATED: March 13, 1990 MAR 0'r '90 16:30 KENAI PENINSULA BORO 507262169 P.c I Introduced by: Mayor Date: Feb. 6, 1990 Hearing: Mar. F, 1990 Vote: Action: 3-6-90, postpones? to 4-3-90 KENAI PENINSULA BOROUGH i ORDINANCE 90-11 I AUTHORIZING THE LEASE OF FIVE ACRES AT THE KENAI LANDFILL SITE FOR USE AS A PRTVATELY-OPEMTSD SOLID WASTE TRANSFER SITE. WHEREAS, the Kenai Landfill will cease to operate during the next few months; and WHEREAS, no intermediate transfer site operated by the Kenai Peninsula Borough is proposed at that location or elsewhere in Kenai; and WHEREAS, Peninsula sanitation has proposed to establish an Intermediate transfer site to be run as a private enterprise on land at the current Kenai Landfill site and has requested that it be allowed to lease flvc acres at the site for that purpose; NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF ThS KLUAI PENINSULA BOROUGH: Section 1. That the Mayor is authorized to lease approximately five acres at the Kenai Landfill site to Peninsula Sanitation for the purpose of establishing an interne -.Bate tz-arsfer site for the collection and sorting of solid waste prior to its final disposal or recycling. The lease shall be for a maximum term of 10 years. The lease payment shall not be less than 6% of the appraised value of the land as an industrial use with the value to be reappraised every three years for the purpose of calculating the lease payments. Section 2. That the lease be subject to a require=ent that the lessee indemnify and hold the Borough harmless fron any liability or claims that arise from its operations on the !eased premises and that lessee be fully responsible for the condition and use of the land. Section 3. That the Mayor is authorized to execute and sign such agraements and documents as necessary to enter the lease authorized by this ordinance and may impose such other conditions as he may deem appropriate and in the best interests of the borough. v r r.. t Kenai Peninsula Borough Ordinance 9o-il �t Page 1 of 2 Pages'- MAR 07 '90 16:31 KENAI PENINSULA BORO 9072621892 Section 4. That this ordinance tr.kes effect immadictely upon its enactment. ENACTED BY THE ASSEMBLY OF THE XEFAI PENINSULA BORGL=Gt ON THIS DAY OF , 1990. ATTEST: Borough Clerk James W. Skogstad, Assomb! Presid Kenai Peninsula Borough Ordinance 90-11 Page 2 of 2 Pages P.3 MAR 07 '90 16:31 KENAI PENINSULA BORO 907262i892 introduced by: Nash Date: Feb. 6, 1990 Hearing: Mar. b, 1990 Vote: Action 3-6, Ord 90-11 Postponed to 4-3-90 KENAI PENINSULA HOROUGH ORDINANCE 90-11 (NASH SUASTTTJTE) AUTHORIZING 'rNE PEAc'_T OF FIVE ACRES A',' ' HB !'XNAI U.N[tFlr,L SITE FOR USE AS A PRIVAI'EI.Y-OPERATED SOLID 14ASTE T.GkW?FER SI'."E: WHEREAS, the Kena'_ Landfill will cease to operate daring the next few months; and WHEREAS, no intermediate transfer site-,Ferdted by the Kenai Peninsula 3orougz is proposed at 7�.ha. location of elsewhere in Kenai; and WHEREAS, there_.0� y� c P�1; iSI�iLii Ln P^ _) Nrmi_tt d c' rriern {1 the c: ntraI peninsula, dld NOW, THEREFORE, BE 'T ORDAINED BY THE ASSEMBLY OF THE KENAI PENINSULP_ BOROUGH: Sect:_On 1- !ha t.hp�Ri��i]�t2�!�4�. yu�t;�t �rr_z_�d_t.o . �e�eCt all ♦ area pffi = rr-es ait_o� Ilt�llr*�sall c� J�+�l K 21�1_l:S�a 11�a:1.a _ rSi _i�L.liL3 lE t ai by any holder of a lrrren:�P�I�_fsf;�R�t_xQL�.. 'F" in,L:fir trans ferri_&Q1 �iBffiLe�4f3 y1n t• fz ��!1Li L.Eis33iiL_c'.II:.3.&:d1s�_. Section 2. That t e mayor is authorized to issue r_or.- exciusive penrits for the pt�tpose. of e::t::blishing ari a rtermedi.aLe transfer site for the colleccion and sorting of solid ae2ste prior to its final disposal or "P.rj:: ' n, to any APJC pe:rni.tted ,o:._d '.paste carrier. The permits chal L bo for a r..axirr.�.m term of Di �L2 year. -.he E2g11r.1; patrne nt shall not be less '-han 6% of t_.e appraised value of rhet nort.ionof the det-i:nat�e'__4rer, oL �he 1and to be utie± ._:e0r; � as Pu indjctrial carrie!. Stcf._?.m...3_—I,, the _permit. tt�e,rr�-,Tarim.l;a'-l.-=aE:Fo'_t,i4,:t.rtte_azl:a_tu .s.e.r.v4_Rll_�:s?15� hermit hr lrier�.�o.._GpRi}es.r.� peg,, 5_*.Gijon 4 • That the perms br. :.subject to a tecui-ement '-.'let the rLeruni-t-t_<:Ie inde.cnifl �ir_d hold -he :orough harmle=:,s Era-. an•.' liability or c.lai th,6L arise from its cporatielnz on the gw__ mi-`teri orewieeo and tt-at U!trrtpitlt1 a3 �.c fv: lly re_ponsible fnr th-a c:onditiaa dud use of the -and. Kenai Peninou.la ' orough Ord. 90 -11,A Page 1 of 2 Pages Introduced by: Glick, Brown, Superman and Nash Date: March 6, 1990 Action: Vote: KENAI PENINSULA BOROUGH RESOLUTION 90-19 REQUESTING THE BOROUGH MAYOR TO PROVIDE A FREE NON-COM14ERCIAL PUBLIC USE SOLID WASTE DISPOSAL FACILITY AT THE CURRENT KENAI LANDFILL SITE WHEREAS, the Kenai landfill is scheduled to be closed during the Spring of 1990; and WHEREAS, residents of 'the greater Kenai area would there- after be required to haul solid waste to the central peninsula landfill in Soldotna or the transfer site near Nikiski Elementary School, which may result in a significant increase in traffic on the K-Beach Road and next to the Nikiski Elementary School; and WHEREAS, the intent of the assembly in enacting KPB 10.04.020 was to provide reasonable access to solid waste facilities for the more populated areas; NOW THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH: Section 1. That the mayor of the Kenai Peninsula Borough is requested to provide a free, non-commercial public use solid waste disposal facility at the current Kenai landfill site when the landfill is closed. Section 2. That the City of Kenai is requested to establish zoning necessary to implement this resolution. Section 3. That this resolution shall take effect im- mediately upon adoption. ADOPTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH ON THIS DAY OF , 1990. ATTEST: Borough Clerk James W. Skogstad, Assembly President 54 MPR 01 '90 16:50 KENAI"PENINSU-A HORO 9072621892 P.2 i Introduced by: Click, Brown, Superman and Nash Date: March 6, 1990 Bearing: April 3, 1990 _ Vote: - Action: KENAI PENINSULA BOROUGH _ ��` ..~• .. _ - .. ORDINANCE 90-23 AMENDING CEAPTER 10.04 OF THE BOROUGH CODE TO PROVlDB .NON- ~ , COMMERCIAL FREE PUBLIC 082 SOLID .WASTE DISPOSAL FACILITIES IN FIRST CLASS AND HOft RVU CITIES A40 AT HEAVILY USED SEASONAL x LOCATIONS AND FOR RECEIVING STATIONS FOR OIL AND HOUSEHOLD CHEMI- CALS r " WRnEASI Alaska Statutes 29.35.0SO authorises municipalities provide by ordinance for solid w"te collection and disposal; Y;} P .t. WHEREAS, the Kenai Per}insul"a torough Asseubly enacted XPB _4 } ' 10.04.020 to provide for the location of portable and ,permanent ..- �f solid waste disposal facilities; and rk WHEREAS, the landfill within than City of Kenai is scheduled y°ys for cloning; and `!r i v t4�l�l 'j5,y�fi R f�. ,.•, . ��,.� .�'.., :. t rl rV;' gai'�.JM'.... `�ikt+ � _- ci.- :�?� ,:+I.0 fi '' �,Y+M . .., r ; .. �` caw , Affi the landfill . for the City► oaf h3eward is Lr caoytscheduZed--' i•{I''h. �� $'""• F}'t, "^: I�M' �.t.,:... - t ` -W'EEREAS, there are" certain high use seasonal recreational areas not currently provided solid waste disposal facilities by the state or federal authorities, and a� �... a � r� ti{'t" ...,.."... .. .�• :' • J ,,pq r t r ,,... c i 1l�d�`a 'k ^ � { .. ¢�slY;'� :;Y y • * ^ �'a k WHEREAS, the int at of - Lhe assembly in enacting RP J 10.04.020 was to provide reasonable: access to solid vast:* facilities for the more populated arenas; $and > ,r i ' *• zL� kai '. "N rcr�: �I`tl��'"•'�?r1 t '. v;G :. 7,.^: k,-•- q y,» �w�. �.. _ J'i T"..; ry 7 prm �?' �r•. WIEREAS, the further` it `;is to .disposal te►cilities the t 1 :.'•� • greater the likelihood of isrgraper disposal and lit r; gyand { t.fAll1', ' y paroved method, or hsa l a 4' �. WHEREAS, there' current is n +" �u f the disposal 'of non-comaaeercial hoeaiehlold caustic''or hot ardous.i !? `+ wastes ar waste oil which result " I^ those substances w ( properly disposed o in landfille:: 7. `�Y.�',•,i, �0. {y ,.., iy+d l....i � .; :. ..n rc, �...' /Y; "+ri ��1'Ii�"M�.•,an. .• JCL"; x ', C . I `�, f5�, i VOW,,_ TxERS?ORl, a l I.M INEI3 31Y M ASS LY' OF TH#t RE 1A. ' PRNIN§UTA BORC3iJG" '. , ..:.� _. . hi:t iGaa 1 • That KP 0 .02 1be amended to rob ak fal. . lows 4. a *i Peninsula Boroug3: • ;,g� , . rE1} `d r; " �41�'�lInance 90-23 ; 04i l+ q ' •' " .• "M ih N bti .�7 a,pp J h P r Sage 1 of 2-Page qj .. ,.,�„ ti #`- } '"'"''7:•'"�w- i, f r�,: ,� q k tl+i S+J+"• 9T• eil h ��. _ �„ MAR 01 '90 16:51 KEPIAI PENINSULA BORO 907262le92 P.3 t 1,0,Q4,020 Site selection and procurement --Authority and rr i teri.a- A. The an" n embly, after receiving gdvice of the lannisa . conmissian,ga L select sites (MAY INC:.UDE SITES j for landfill operations, intermediate disposal facilities, transfer stations, incinerators, composting plants, recycling or reclamation facilities, or any site utilized for the recovery, redaction, =` consolidation, couversion, processing or disposal of solid waste. $� The assembly shall select and procure sites for _ commarciAl free public u" solid waste disposal facilities in ac- cordance with a policy of attempting to provide a system whereby_L j..� in the more densely settled areas no haul of more than 15 miles along a major highway would be required _ to reach a solid waste disposal facility, 2.1 facilities will be located net mo�� than_ s o from each Zirgt clash aad bonto.rule city* �. . seasonal ties wi t t . be..l�ogated on paved =w roans at or near major regreation+l at npt provided _ solid waste iageptagies WZ state 6!r Mode+ -al agencies! _ � t and r' r waste oil almd emu!stir d&m1g%kro3Zp. or hazardo s =� - waste,j rr k a Seictior 2,. That this `iordinance becomes effective ian a� nediate3y upon enactment. r, } ENACTED BY THE 74SSEMBLY L31a Ti[6 R@NA{ NIN THIS CI?iY OP , 1990E rSU;I,Aj BOROVG ��1 yy i gM Ir 'N,y t!:'"1{�If+N''Yj,'!"i.'•a Ax{. "�.... }Y ,' i'a �3c' •A '„k:. stmoo W. Skogstad, K4esembly pre9 Y `••�''' r,� , � �_. * u �-� � rt %� c ,+� + „ :�4IL� r � �� �'�; #i .�NR' i � � iYjQ;, �4 54r • �� ' ^ . v ATTEST _ �v-u. .. Li�. t��r •.,, ;ns- xwM:'W7Ai f � * �^°:5��14 ,� �.. a a, 1'� :�'ci h 4 '! �'� � r,. ems` r Borough Clark d .- � r n P 'i:`• C • :tip i �"� e.., � Um lick r s 1(s!na, Peninsula Borough ' E. r' i .fir Ord. 90-23 'v� Page 2 of 2 Paget �'.. , S t! KENAI PENINSULA BOROUGH I" N. SINKLEY * SOLDOTNA, ALASKA 99W9 - PHONE (907) 262-4441 DON GILMAN MAYOR MEMORANDUM TO: Don Gilman, Mayor FROM: C O' Catherine Mayer, Solid Waste Administrator THRU: C b~Ken Brown, Director of Public Works DATE: February 20, 1990 SUBJECT: Transfer Site Hauling and Kenai Landfill Issue respectfully submit a report on the status of solid waste hauling and disposal with emphasis on the Central Peninsula. The report touches upon the budget process of 1989-90 in which numerous transfer sites were eliminated; Kenai Landfill closure and projected haul costs; the associated avoided costs in relation to transfer sites and a Kenai Landfill transfer site; estimated per ton costs for Kenai and Soldotna from 1988 to projected 1991 costs. I hope the information is helpful. Further information vyill be consolidated at your request. CM/hh TRANSFER SITE HAULING AND KENAI LANDFILL ISSUE POLICY Chapter 10.04 Borough Code of Ordinances To provide for waste disposal whereby in the more densely settled areas no haul of more than 15 miles along a major highway would be required to reach a solid waste disposal facility (facilities include landfills, transfer sites, recycling centers, etc.). GOAL To control the costs of transfer site hauling by restructuring the hauling program to cover the areas as required by ordinance and to provide for optimum landfill operations while continuing to economize. TRANSFER SITE HAULING The FY 89/90 budget process included estimating projected hauling costs for the 22 transfer sites the Borough operated at that time. Peninsula Sanitation was before the Alaska Public Utilities Commission requesting an approximate 25% increase in hauling rates. The projected budget of $775,000 for FY 89/90 included a 25% increase in rates and included hauling for six months from the Kenai Landfill to the Soldotna Landfill up from the previous years $500,000. Note: Six months of hauling from the Kenai Landfill was used as it was impossible at that time to determine the size of the last trench yet to be excavated, and the amount of waste that would be deposited during that period. Future year's estimated annual hauling budget with hauling from all transfer sites and from the Kenai Landfill for a full year was projected to reach $971,000 annually assuming a 25% increase in rates. Subsequent to the FY 89/90 budget process, the APUC denied Peninsula Sanitation's request for a 25% increase but granted smaller increases; 17.45% in the east and 15.8% in the south. Rates In the central peninsula are not regulated by the APUC and the hauler can set those rates. Peninsula Sanitation set the rates for the central peninsula to reflect a 17.45% increase. Peninsula Sanitation rates are now $81 per hour for the central peninsula and east peninsula, and $79.90 per hour for the south peninsula. The Kenai Peninsula Borough Assembly approved a budget for FY 89/90 of $500,000. This budget included closing five transfer sites and the relocation of several others, with no haul from Kenai upon site closure. As of February 1, 1990, it appears that with the implementation of the program changes the $500,000 budget can be attained. The transfer site closures and avoided costs for a period of two months of hauling from Kenai to Soldotna provided for an anticipated cost avoidance of over $170,000. The Kenai Landfill final trench was larger than anticipated and waste loads have been steady, therefore, the landfill remains open with an estimated closure sometime in April. By reevaluating the hauling from transfer sites, the Borough was able to maintain a feasible budget without showing an increase. If, however, the ordinance were changed, site request would mushroom. Numerous requests have been voiced the past several years including: Beaver Loop Road Nikolaevsk Funny River Grocery Mackey Lake Road Diamond Ridge Road Miller Loop Road Robinson Loop Road K•Beach by Kasilof Scenic Turnoff Scout Lake Road Red Diamond Center Spur Highway/Beaver Loop Road If the ordinance were changed to read 10 miles from the nearest facility along a major highway, and considering a major highway to be either Spur Road, Sterling Highway or Kalifomsky Beach Road, Kenai would be the only site necessary for addition of a transfer site. Another thought is, if by chance, the Borough were to operate a transfer site in the Kenai area would it be feasible to combine the Nikiski and Kenai Sites somewhere halfway in between? KENAI TRANSFER SITE BOROUGH TRANSIMR STM STATUS TRANSPOt SrM LOCATION APPROXIMATL D1Si'ANCII TO N ARWr LANDFUL OR 'TRANSMR SRL STATUS t =AV007fD =-r FOR PY 89/90 1. Thodtprion's Corner 3 Mlles to Soldotna LF Closed S32,000 I Short Stop K•Beach S Miles to Soldotna LF Oozed S191300 1 Robinson's MinWall 10 Miles to Soldotna LF Closed S21,500 4. Bags N Bales 8 Miles to Nikiski LF Closed $10,000 S. Funny River Road S Miles to Soldotna LF Relocated S -0. (11 Miles from Landfill) 6. Nikiski 26 Miles to Soldotna LF No Change $ -0- 7. Sterling 16 Miles to Soldotna LF No Change 34 L Kasilof/Clam Gulch 11 Miles to Soldotna LF Combined/Propose to $4 Relocate 15 Miles from Soldotna 9. Ninilchik 34 Moles to Homer LF No Change $-0- 10. Happy Valley 29 Miles to Homer LF No Change S -0- S Miles to Ninilchik 73 11. Anchor Point 15 Miles to Homer LF No Change S -0- 12. Kachernak 10 Miles to Homer LF Relocated to McNeil Canyon S20,000 18 Miles from Homer LF 11 Homer Spit 8 Miles to Homer LP Closed S 6.000 14. Cooper Landing 48 Miles to Seward LF No Change S 4 15. Moore Pass 29 Miles to Seward LF No Change $ 41. 16. Crown Point 24 Miles to Seward LF No Change S -0- 5 Miles to Crum Point TS 17. Hope 67 Mites to Seward LF No Change $ .0. IL Landfill Entrances — No Change $ Soldotna/Seward/Homer 19. Summer Sites Ninilchik Beach Cohoe (west end), Kasilof Sm. Boat Harbor, Swiftwater Park 20. Kenai Landfill 15 1/2 Miles to Soldotna LF Anticipate Close May 1, 1990 S37,000 F.SIZMATLD AVOIIMiD COST ay CIASIIVG FIWH TRANSMR SFTL'S $176,000 AND RLI.00'Ama SLVLRAL C> nmit� S POR FY 89/90 1.71is chart does not show the increased costs to the transfer sites remaining including rate hike, only avoided costs for closures and relocations. 2.Funny River Road and McNeil Canyon containers are not along a major highway as required in the Ordinance. Funny River is currently in a temporary location approximately 11 miles from the Soldotna Landfill. McNeil is relocated approximately 18 miles from Homer Landfill and was placed in hopes of alleviating reported illegal dumping further Out East End Road. 3.Nikiski coasts will show a projected increase for FY 90/91 to transfer cans to the Soldotna landfill at approximately S120.000 - S130.000 per year, increased by approximately S50,000 to S60,000 annually. 4. Kasilof/Clam Gulch is to be relocated. We are currently utilizing Kasilof Grocery and have been unable to locate an adequate transfer site between Kasilof and Clam Gulch. Clam Gulch is closed as we were unable to maintain a site due to unavailability of feasible land along the highway. 5. llappy Valley, Crown Point remain. Cost benefits are not realized by closing the sites at this time. 6.Summer sites at Swiftwater Park in Soldotna and homer Spit are anticipated to be heavily used by the residents of Soldoina and homer if continued. Homer city Council has requested that a container be placed for use at the harbor during the summer months (estimate S6.000 to SS.000). The remaining summer sites other than llomer and Swiftwater should also be evaluated. / Jl�`rCr;?.AGE I ILA T. SPUR Be1u5a ope -' KFNA J , • ..- �Nikiski � :� SterlingCooper Landing Kenai MT. RF-0006� l "1 Soldatna Funny River 'llOff Moose Pass [\tKas. Crown Point MT. ILl��c`L: �. - r• „ � ; � award 4 Ninilchik �) Nappy Vail y' ��—•a _ ' f 1 � � �t v Anchor Point ' McNeil Canyon Homer English Bay Seldovia G• (� L Port Graham c LO L4-NDFILLS Seward Soldotna Kenai Horner Be'.uca Tyor,-k Port Graham Bay TR�.vSFER SITES Moose Pass Anchor Point Crown Point McNeil Canyon Hope Happy Valley Cooper Landing Suldoma Landfill Scerlin, Kenai L:ndfi11 I� iliski Horner I-and"ll Kasilof/Clara Gulch Se-xard Landfill Ninilchik- Funny Rave. Road KENAI TRANSFER SITE In July of 1988, Mike Tauriainen, under contract with the Borough, estimated haul costs to transfer waste from the Kenai Landfill to the Soldotna Landfill. At the same time, I ran numbers on my own to compare with Mke's numbers. The outcome of both estimates were comparable. We completed our estimates with several assumptions: 1. Kenai Landfill receives an estimated 17,250 tons, of which over 55% is delivered by private hauler. 2. That if we were to operate a transfer site with little or, no capital improvements, we would utilize the green Borough dumpsters for hauling. 3. That Nikiski transfer site waste would be hauled to the Soldotna Landfill direct. 4. That because of the size of the green dumpsters we could not accept waste from the private haulers or large items and they would be required to haul direct to Soldotna, therefore leavir us with approximately 7608 tons of waste to be transferred (SEE ATTACHMENT "A" SOLI WASTE TRANSFER COSTS - KENAI TO SOLDOTNA). 5. There would be no on -site attendant. The end result netted an estimated cost of $276,960 per year to transfer waste from the Kenai landfill to the Soldotna Landfill. The $276,960 did not include any capital improvements. If capital improvements were necessary (which at a minimum, bulkhead improvements would be necessary) additional funding would be required. Furthermore,- if the Borough were to do a transfer station at Kenai, we would most likely want to construct a transfer station building and transfer waste by large container. Please find ATTACHMENT "B" - TRANSFER STATION AT KENAI CAPITAL COSTS by William J. Conyers for you review. Although operating costs for hauling would be less, an on -site attendant would be necessary thereby doubtfully realizing any cost savings. SOLDOTNA/KENAI CONSOLID.,,'ED DISPOSAL 90/91 will find the Kenai Landfill closed with the Soldotna Landfill being the recipient site for the waste from the Central Peninsula and some from Seward. )me quick numbers were consolidated from 1987 to present for the cost of waste disposal on the central peninsula. cost comparison of contractor operations for the Kenai and Soldotna Landfills compared to operations of one landfill at Soldotna was formulated . The icome of the comparison confirmed that the operating cost per ton for landfills is less than if several sites are operated. KENAI/SOLDOTNA LANDFILLS COST COMPARISONS - OPERATIONS ONLY ROUNDED TO NEAREST fE PERIOD TOTAL TONS OW COST COST PER TON nai and Soldotna July 1987 31,733 Tons $665,450 $21/Ton ,mbined Contract for to June 1988 o Sites nai Separate July 1988 16,203 Tons $297.114 $18rron ntract to June 1989 Subtotal Subtotal Subtotal ddotna July 1988 16,966 Tons $249,778 $151ron parate to June 1989 Subtotal Subtotal Subtotal ntract 33,169 Tons $546,892 $17iron Total Total Total iai Separate July 1989 Estimated Estimated Estimated itract and to June 1990 34,000 Tons $560,000 $171Ton dotna Separate ntract dotna Landfill -One June 1990 Estimated Estimated Estimated 3 (includes waste from to July 1991 40,000 Tons $566,900 $14fron rm and Seward/includes Jitional open hours in nmer while communities ust to one landfill le: The above costs do not reflect site costs such as surveying, well development and monitoring, major repair costs to scales, computers, fence, etc. SUMMARY By closing numerous transfer site and relocating several others the Borough was able to hold the line on hauling at $500,000 even through Peninsula Sanitation enjoyed an increase of 15.8% and 17.45% in haul costs. The summer sites and the Funny River, Crown Point, Happy Valley and McNeil Canyon transfer sites will need discussed in the near future. Requests for numerous transfer site have been requested throughout the Borough which would be difficult to fulfill. Hauling from Kenai to Soldotna could cost approximately $$276,960 per year if implemented and may require capital intense upgrades. Private haulers and large items would still be required to be transported direct to Soldotna. The Soldotna Landfill operations for 1990/91 is projected to be approximately $3.00 per ton less than operating two sites. 1— r t.Q t'. Pam. S o i iCC,— r f now S." 1p�O4rN�. Kn9�c U ilaw July 12, 1988 . 4111:N♦ CONSULTING ENGINS E,9 Mr. Ken Brown Public Works Director 47140 Poppy Lane Soldotna, Alaska 99669 Subject: Solid Waste Transfer Costs, Kenai to Soldotna. Ken: We have evaluated the additional transfer costs for converting the existing Kenai landfill into a transfer site and trucking refuse to the Soldotna landfill. Changes in landfill operating costs due to increased/decreased refuse quantities have not been included. The following cost factors and assumptions have been considered in this evaluation: The study period is from December 1, 1988 to December 1, 1989. j - Approximate percent of refuse delivered by truck to the Kenai Landfill at the present time including RPB and private entities is 55%. The balance is assumed to be delivered by pickups and automobiles. - The total anticipated quantity of refuse that would be brought to the Kenai landfill if it remained open during the study period is estimated at 17,250 tans. - KPB containerized hauling from four existing transfer sites will contribute to the 1988/1989 total; based on FY 87/88 information, the 1988/1989 estimates are as follows: North Kenai Transfer Station 1,943 Ton Bags 'N' Bales 203 " Kenai Landfill Transfer Station 767 " Robinson's 1,031 " 3,944.Ton The incremental difference in transfer cost for Robinson's, between the Kenai and Soldotna sites, is not significant and considered a wash. Therefore, based on a total transfer site tonnage of 2,913 (North Kenai, Bags "N" Bales and Kenai Landfill only) and an T _ average of 2.85 ton per trip, the number of expected trips from the three affected transfer sites is: 2,913 ton/2.85 ton/trip = 1,022 trips. The number of trips for 1988/1989 is slightly less than the number of trips generated during FY 86/87 due to a general overall reduction in refuse quantity. Additional cost for transporting refuse from the three transfer sites includes round trip time from the Kenai landfill to the Solid Waste Transfer Cost Estimate. Page 2 one way miles is 0.98 hours based on an average loaded speed of 30 MPH and an unloaded speed of 35 MPH. The estimated number of trips generated is based on a truck carrying a single container. If two containers per trip are hauled, efficiency should be enhanced and some savings may be realized but will require some improvements. - Non-KPB related, trucked -in materials are estimated to be as follows: (17,250 tons) X 0.55 - 3,944 tons = 5,543 tons of refuse trucked in by packer trucks, private roll off customers, contractors, oil companies,,and other trucked in sources. All privately trucked in materials should be hauled to the Soldotna* site at no additional cost to the KPB and therefore have not been included in our cost estimate. - We guesstimate that 2% of the remaining refuse that would ordinarily be brought to the Kenai site will be brought by private individuals to the Soldotna site. (17,250 tons - 3,944 tons - 5,543 tons) X 0.02 a 155 tons. All remaining refuse must be transferred to the Soldotna site. 17,250 tans 3,944 tons - 5,543 tons - 355 tons = 7,608 tons. - The estimated round trip time for transferring refuse from the Kenai site to the Soldotna site includes the following allowances: Round trip travel time 59 minutes Load container 8 " Clean-up at site 5 Weigh in/out at site 1 " unload 10 " Total Estimated Roundtrip Time 83 minutes Round trip times will vary depending on the time of year, condition of the dumping area and condition of the pickup area. It is expected that trip times may be less during summer months and more during winter months. Transfer costs for the remaining 7,608 tons of refuse is based on 2.85 tons per single container and hauling one container per trig The estimated cost could be reduced somewhat by hauling compacted refuse or by hauling two containers per trip. If two containers per trip are hauled, some improvements will be required at both the pick up site and at the dump site that will facilitate the use of a tractor/trailer type unit. - Cost of trucking @ $75/ hour for single container capacity truck. Our analysis is based on actual data collected by the KPB and supplied to us by the Public Works Department. Other data sources are: "Situations and Prospects, 1987, KPB"; and the "Soldotna Comprehensive Plan, 1986". ..e • _ Solid Waste Transfer Cast Estimate. Page 3 Based on the above considerations and data, we estimate that the additional cost to haul materials from the existing Kenai landfill to the Soldotna landfill, in 1988 dollars, for the period December 1988 to December 1989, is as follows: Additional due to transfer sites; 1022 trips X 0.98 hr/trip X $75/hr $75,120. Cost to transfer refuse from Kenai to Soldotna; ((7,608 tcns/2.85 tons/trip) X 83 min/trip/60 min/hr) X $75/hr $276,960. MTAL $352,080. Other costs that should be considered are related to additional capital costs for equipment, improvements, labor, depreciation, and management costs sufficient to make an average of 7 (based on the above assumptions) round trips per day seven days per week. We have reviewed a report prepared for the KPB Department of Public Works Central Peninsula Waste Issues dated October 13, 1987. The estimated costs presented in that report are somewhat higher than our estimated costs primarily because of a difference in the estimated volume of refuse that will be transferred. Other considerations may include the impact of additional trucking costs to industry that presently use the Kenai site. These costs have not been included in the above estimate. This does not include an evaluation of the impact on the life of the Soldotna landf ill. Thank you for allowing us to provide this service. If you have any comments or questions, please don't hesitate to call- Sincerel David Johnson 4a:kpbsol.wst ATTACHKM "B" OPTION 2 TRANSFER STATION AT KENAI CAPITAL COSTS ALTERNATIVE #1 INCREASE FORTY -YARD BOXES One bulkhead Eight (8) Forty -yard boxes S5,000 ea - TOTAL: Transfer Station Semi -tractor Three (3) Trailers Earthwork ALTERNATIVE #2 SELF LOADING TRANSFER STATION 50,000 (ea) TOTAL: ALTERNATIVE #3 BOROUGH LOADED TRANSFER STATION One (1) bulkhead One 50 X 100 building @ $80 ft 2 Two Semi -tractors 75,000 (ea) Three (3) Trailers 50,000 (ea) One (1) 910-Loader TOTAL: CLOSE OUT COSTS KENAI LANDFILL P1 :ce topsoil and vegetate TOTAL: $50,000 .40,000 $90,000 400,000 75,000 150,000 $625,000 100,000 100,000 400,000 150,000 150,000 100,000 $1,000,000 $250,000 MAR 14 "DO 14:21 KENAI PENINSULA Bt.)PO 90726218 Z P.2 CITY OF KESAI REZONNING APPLICATION DATE. MARCH 14 L 19-90 1. PETITIONER: Kenna. Peninsula Borough and — —_ ...�. 2. ADDRESS: 144 N. Sinkley Soldotna, P.laska 996bJ_ PHONE: 262-4441 3. WRITTEN SIGNATURES: �� ' - 4. LEGAL DESCRIPTION: That portion of Tract A, ASLA 79- 57, located within Section 36t T6h, 1112W, S.M., Alaska known as the exist±ng landfi2.1. Area to be rezoned is better deacrlbed ns the,115 acres (+/-) lY'_ng; on the west portion of Tract A, measuring, 1271.6 ft. bXt620 ft. +1� and Tract B. 5. PRESENT ZONE: Rural Residential RR) 6. PROPOSED 'LONE: Recreat_on (R,)- 7. INTENDED USE AND/OR REASON FOR REZONING: See Attached Sheet 8. REZONING CHECKLIST: a. map % _ b. signatures X c. deposit/advertising fed (S20C) X d. application form or letter 'WNSULA SOP, FKENAl PEour '7- 144 NORTH S;NKLL'l 12SI: No. 0'474 5,11 BOLDOTNA.ALA&Kkiraris FAY uu 16P. CH 47465 'AND : p CITY OF ym. PA-0 10-;zll-LC; TOTHE Acvi TS PAYAFLC ACCOU14T, 3:. I FXX*H'99 13. 1% W7, rMkECT FIt;A"- V03) IF N3TICAS"EQ V43 'I WOAYS N' 0 1� 7 L. G S hl 1. �,00 5 1 e.5 20 06oi:., 2i..a -40 0i :U Uj Presently, the 94.89 &t;i-es aeo z;,ia;:'. (?'r,) F•oral HeSi.C_t:ttal. This request is to rezone a pertior. •)f thr_ qo ;;Arius &['N_o;.im Lc1y 45 acres to Recreation Zone. [.and use falls under category of Gsc•cntial Services. as defined in K14C 14.110.320(b)(27). The rezone wuuld accornodate a transfor site/recyciir.o cent;:r a:vi a proposeii 1a:%. It has been pt•opistiLi by t1ja trsr, rJhl.5;: Works Depaetceat 1-hut ra sod farm would not only b.: a ccmpatible use of a reclainicd landfill but would also xid is the job of lwidscayinv :iris'. mairitenunce of ba1L fields. Pec aired landfills Rru not usually recommeraed for residential develcpweik.t. The Rf rveaticn Zone is conApai:ible to existing, surrounding land use. The Boroughs considering one of the rallcwing lrnd uses for the 115 acres. Those land uses will be ;n cc!,,iunk;L.Lon with this rezoning: 1) Create a public transfer site, with a treelscd :arm. 2) Lease a five (;I acre parcel within t'ie landti.'_1. area to establish an intermediate transfer site ' to be run by private enterprise. It is .possible that a recycling facility could be estah_iSiied in the future. A tree;sod Kim would also be included. Upon approval of the rozoning of the 4= acres, the entire (* 94.59 acres would be r��vlatted into two sepsrat: parcei.s. Said replPt would indi-cate the exact area, (45 acres) to be rezoned to Recreation. The remaining por-ion of the 94•89 will remain as (RR) Fural Residential. Tract M of this ASLS #79-57 plat is Borough property and presently being leased as a couucunica;.ion tewer. This tract will also be rezoned to recreation zone. w 36, T 6 N, R 1 W, Sav a, dVa idian, Arc AMENOMENT NOTES 1 /ir'+ t •1 t.:... .... c .fcari:^ra .+•:/Y �;t'% j G. cr s Z ?9 G 4} 'Ts COUNCIL MEETING OF � - -,�z j f0 r •�` r f I V COUNCIL MEETING OF MARCH 21, 1990 INFORMATION ITEMS 1. Library Report - February 1990 2. TO DO List - March 7, 1990 3. Comm/Comm Application - Barbara Kangas 4. Comm/Comm Application - Barbara Waters 5. Resource Development Council Newsletter - February 1990 6. Kenai Borough Minutes - February 6, 1990 7. Alaska DEC - Application for Wastewater Disposal Permit, Tesoro Alaska - Tesoro Refinery 8. Library Report - February 1990 9. Kenai Borough Agenda - March 20, 1990 10. Kenai Borough Minutes - February 20, 1990 11. Coalition for Non -Profit Gaming - Membership 12. Alaska DNR - Proposed Oil & Gas Lease Sale, Cook Inlet 13. Misc. News Clippings 14. News Clipping re/Polygraph Tests, Wall Street Journal 15. Transfer of Funds Under $1,000 - March 1990 jr Y P""' Q 0 R iN, 16 /q v 1 CITY OF KENAI REZONNING APPLICATION DATE: MARCH 14, 1990 1. PETITIONER: and 2. ADDRESS: Kenai Peninsula Borough '144 N. Binkley Soldotna, Alaska 99669 PHONE: 262-4441 3. WRITTEN SIGNATURES: R, 4. LEGAL DESCRIPTION: That portion of Tract A, ASLA 79- located within Section 36. T6N. R12W. S.M.. Alaska known as the existing landfill. Area to be rezoned is better described as the 45 acres (+/-) lying on the west portion of Tract A, measuring 1271.6 ft. by 1620 ft. and Tract B. 5. PRESENT ZONE: Rural Residential (RR) 6. PROPOSED ZONE: Recreation (R) 7. INTENDED USE AND/OR REASON FOR REZONING: See Attached Sheet 8. REZONING CHECKLIST: a. map X b. signatures X c. deposit/advertising fee ($200) X d. application form or letter X Presently, the 94.89 acres are zoned (RR) Rural Residential. This request is to rezone a portion of those lands approximately 45 acres to Recreation Zone. Land use falls under category of Essential Services, as defined in KMC 14.20.320(b)(27). The rezone would accommodate a transfer site/recycling center and a proposed sod/tree farm. It has been proposed by the KPB Public Works. Department that a sod farm would not only be a compatible use of a reclaimed landfill but would also aid in the job of landscaping and maintenance of ball fields. Reclaimed landfills are not usually recommended for residential development.. The Recreation Zone is compatible to existing, surrounding land use. The Borough is considering one of the following land uses for the 45 acres. These land uses will be in conjunction with this rezoning: 1)- Create a public transfer site, with a tree/sod farm. 2) Lease a five (5) acre parcel within the landfill area to establish an intermediate transfer site to be run by private enterprise. It is possible that a recycling facility could be established in the future. A tree/sod farm would also be included. Upon approval of the rezoning of the 45 acres, the entire 94.89 acres would be replatted into two separate parcels. Said replat would indicate the exact area, (45 acres) to be rezoned to Recreation. The remaining portion of the 94.89 will remain as (RR) Rural Residential. Tract B of this ASLS #79-57 plat is Borough property and presently being leased as a communication tower. This tract will also be rezoned to recreation zone. 1 The Drawing Board' P.o. ewe saa� • a.ws, r.... Tszes•o•� CGII Tay Fror. t-400-527-Mlo CITY i OF UNA ALASK * 210 FMWgo • KOWL AK OW 1 • (907) 283-7535 To Tim Rogers, City Attorney a-i DATE 3/7/90 SMECT DNR - Subsurface Conveyance In my March lst memo regarding the subsurface conveyance, attached were several maps. The Planning Secretary has checked with the Borough computer and verified that some of the parcels are not City owned. They are the map showing the NW 1/4 SE 1/4 of Section 4 which includes Jaynes Subdivision, and the map showing the S1/2, SW1/4, SE1/4 SE1/4 of Section 7. Also, much of the property on airport land is privately owned. t�i I • MLW72 Tlr Q+�Y ftW4Ora Tws 7UW4429 FOLD AT (-) TO FR DRAWING BOARD ENVELOPE + Ew 10P o YNrMr haw Yw. IN2 1791- CITY OF 210 FIDALaO KENAI, ALASKA 99811 TELEPHONE 283 - 7535 FAX 907-283.3014 MEMORANDUM TO: Tim Rogers, City Attorney FROM: Rim Howard, Administrative Assistant DATE: March 1, 1990 RE: State Department of Natural Resources Subsurface Conveyance You have been provided a copy of the February 27, 1990 letter from the Department of Natural Resources regarding subsurface conveyance. There were no maps attached to the letter. The City Engineer, Jack La Shot, was able to obtain a map of the proposed areas from the Post Office. Also attached were maps Jack provided, showing more specific locations of the properties. The City Manager has asked that the letter and attachment be put in the packet for City Council discussion. I have also faxed a copy of the letter and the map depicting airport lands to the FAA. In reviewing the 1953 Deed of Release from the FAA, it is my interpretation that the federal government retained the subsurface rights. Attached is a copy of the deed. Any comments, objections or expressions of interest pertaining to the proposed action must be received by the State before 5:00 p.m. on April 3, 1990. Attachment cc: V City Council (with copy of Dept. of Natural Resources letter and maps) Jack La Shot, City Engineer /kh r STEVECOWPER, GOVERNOR C DEPARTME:►T OF NATURAL RESOURCES DIVISION ti February 27, 199 0 ay,, t1a6�y City of Kenai 210 Fidalgo Kenai, Alaska 99611 Dear Sirs: WATER MANAGEMENT 5601 CSTREET P.O. BOX 107005 ANCHORAGE. ALASKA 99510.7005 PHONE: (907) 561-2020 The purpose of this letter is to provide you courtesy notice that the Department of Natural Resources proposes to convey or lease certain interests in state land within the boundary of the Kenai Peninsula Borough. (See the enclosed public notice, and preliminary decision which include a proposed review of consistency with the Alaska Coastal Management Program) The land involved in the proposed conveyance consists of approximately 1,976 acres near the North Fork, Anchor River about six miles east of Anchor Point. The proposed oil and gas lease area consists of approximately 160 acres at Kenai, Alaska within the existing Cannery Loop production unit. In accordance with the provisions of the "Terms and Conditions for Land Consolidation and Management in the Cook Inlet Area" (Terms and Conditions), the state proposes to convey subsurface estate identified in the enclosures to the United States for the purpose of reconveyance to Cook Inlet :Region, Inc. (CIRI), and proposes to grant an oil and gas lease to CIRI. The purpose of these actions is to fulfill CIRI's entitlement under the Terms and Conditions and settle pending litigation. You were sent this notice because you have been identified by the Kenai Peninsula Borough Assessor's office as the record property owner of a portion of the surface estate in the proposed Cannery Loop oil and gas lease area. As a record surface owner you are welcome to comment on the proposed action. The enclosed information should be self City of Kenai February 27, 1990 Page 2 explanatory to describe the conveyance and lease actions proposed in the Commissioner's preliminary decision. However, don't hesitate to contact Roger Burnside (phone 762-2680) of my staff at your earliest convenience should you require additional information about this proposal. Any comments, objections, expressions of interest pertaining to the proposed action, or assertions of a claim to the property interests involved must be received in writing by the Alaska Department of Natural Resources, Division of Land and Water Management, Land and Resources Section, at P.O. Box 107005, Anchorage, Alaska 99510-7005 on or before 5:00 p.m.'on April 3, 1990 to be considered. Sincerely, z S::�, Ron Swanson, Chief Land and Resources Enclosures: Commissioner's Preliminary Decision Public Notice REB/pmr STATE OF ALASEA DEPARTMENT O? NATIIRAL RWOURCES 61 Settlement Agreement (ADL 224805) 9'Noti ` of proposed conveyance of subsurface (mineral) estates and leaai g of oil and gas estates. Pu � ant to the provisions of AS 38.05.945, notice is hereby given what the Commissioner of the Department of Natural Resources ("Department") proposes to convey subsurface (mineral) estate in state land to the United States ("U.S.") for reconveyance to Cook Inlet Region, Inc. ("CXRX"), and to lease certain oil and gas estates to CIRI. Title to the surface (land) estate of these lands was severed from the mineral estates proposed for conveyance or lease to CIRI in this notice by previous conveyances. The state does not own the surface estate of these lands. The conveyance and lease are authorized by Chapter 19, Session Laws of Alaska 1976, the document entitled "Terms and Conditions for Land Consolidation and Management in the Cook Inlet Area" dieted December 10, 1975, as clarified August 31, 1976 ("Terms and Conditions") and the power of the Attorney General to settle litigation. CIRI is a native corporation Organized under the Alaska Native Claims Settlement Act of December 18, 1971 ("AHMA1 , F.L. 92-203, as amended. A preliminary decision has been made based on the terms of a Settlement Agreement (ADL 224805) dated January 12, 1990 between the state, CIRI and the Q.S. that these proposed lease and conveyance actions are in the best interest of the state. The preliminary decision may be modified as a result of public and agency review solicited by this notice. The purpose of the mineral estate conveyance and lease issuance by the state is to settle the following pending litigation: United States v. state �gf blaska, Case No. ASS -321 Civil (D. Alaska); StMXgv , Case No. 210-87L (Cl. Ct.); and goog et , Case No. A88-172 Civil (D. Alaska). Ccnve"ys dud lea of these interests in land to CIRI will fulfill the state's conveyance obligations under the Terms and Conditions, and is authorized by Ch. 19, SLA 1976. The parcels, containing the approximate acreages listed below, are proposed to be conveyed or leased as described in this notice. Parcels that are leased or conveyed will be subject to all valid existing rights. Parcels proposed for lease to CIRI will be committed to the Cannery Loop Unit Agreement and the state will retain a royalty of twelve and one-half percent (12.5%) on production from the lease. Legal Desc;iptions 1) Subsurface (mineral) estate proposed for conveyance to CIRI: Tdwnshifl 4 South Range 13 west Seward Meridian L� C (Surveved). Section 17: All, Section 18: S2SE4, NE4SE4, SE4SE4NE4, S2SW4SE4NE4, NZ46W4SE4NE4, Suction 19: E2, E2W2, lots 3 and 4, Section 30: E2, E2W2, lots 1, 2, 3 and 4. Aggregating 1,975.89 acres, more or less. ,2) Oil and gas estate proposed for lease to CIRI: Section 4: NW4SE4, Section 5: lets 1, 5, and lots 14 through 21 inclusive, Section 7: S2SW4SE4SE4, Section 9: lot 3. Aggregating 160.16 acres, more or less. Copies of the preliminary decision may be obtained by contacting the DepartmOnt of Natural Resources at the address below. The decision includes a review relating to the Alaska Coastal Management Program. More detailed information is available from the Division of Land and Water M nagemeot, Land and Resources Section, Suite 800, 3601 "C" Street (Prontior Building) , Anchorage, Alaska 99510-7005 (phone 762-2680). Additionally, a copy of this notice with a land description summary and maps is posted at the following U.S. Post Offices: Anchorage, Anchor Point, Clam Gulch, Homer, Kasilof, Kenai, Ninilchik, and Sdidotna. A final decision is expected in April, 1990 in accordance with the provisions of the Settlement Agreement (AD'L 224805). Additional published notice of the final decision will be given at that time. As required by the Alaska Constitution (Article VIII, Sections 1, 2, and 10), this action will not be final until after the public has had an opportunity to review and comment. The Settlement Agreement (ADL 224805) provides that implementation of the settlement will occur only after public notice and a positive best interest finding. Any comments, objections, expressions of interest pertaining to the proposed action, or assertions of a claim to the property interests involved will be considered if received in writing by the Division of Land and Water Management, Land and Resources Section at P.O. Box 1.07005, Anchorage, Alaska 99510-7005 on or before 5:00 p.m. on April 3 , 1990. Written comments may also be hand delivered to the above address (Frontier Building, 3601 C Street, Suite 800) or 2 f� ,s i ewr •ara.,•Ill r -ar f j' • � w►w�.r 1 a � 1 '. 1.. ' ! , i, � P"hre r • • 1'�'�.I. am a Ili"., ► „► l :d-'' If' �S• t r.l•' 11w JI if oft 441% wow* /,) ��- �r.+vr s i 4ta.rr..*arm tLwr�!•iNii 6� 1 1 � I , , ar►w•.aw all-w seems •, ii �r1. .:i I _ 74 o• it 99) re I ' i II u 1 r `AOL0UST 1�";•��� , t• � 1{ • 1� 1 1� CANNERY LOOPP KACNEMAK PROPOSED ;�. OIL AND GAS LEASE AREA i 160.16 ACRES 1 1 1 yOlt1> I L RS 2© ' S o _ • •• SE %114 44 :' 4 n.• AUTUMN RR suso. ula or* 9 L gpUR . •wrl IGI +` : AUTUMN � SUBQ. •ss� • • R �pOP ROAD • ii�D. . 4 /H� 411, ��� O O I Suggested by: Administration City of Kenai ORDINANCE NO. 1360-90 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $64,800 IN A NEW CAPITAL PROJECT FUND ENTITLED "SEWER TREATMENT PLANT MODIFICATIONS - 1990". WHEREAS, the U.S. Environmental Protection Agency (EPA) has required under the terms of a recently issued N.P.D.E.S. permit that the City of Kenai disinfect our waste water effluent, and WHEREAS, the City received a grant in 1988 from the State of Alaska in the amount of $562,100 for water and sewer improvements, and WHEREAS, the City desires to proceed with the study and design phase of the project. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: STP Modifications, 1990 Increase Estimated Revenues: State Grant - 1988 Water & Sewer $64,800 Increase Appropriations: Engineering Design $64,800 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of March, 1990. JOHN J. WILLIAMS, MAYOR ATTEST: Janet Ruotsala, City Clerk First Reading: March 7, 1990 Second Reading: March 21, 1990 Effective Date: March 21, 1990 Approved by Finance: � (3/2/90) jas Ai Engineers anne s Economis;4 Scrognrists N arch i, 1990 ANC200.A2 Mr. Keith Kornelis Public Works Director City of Kenai 216 Fidalgo Kenai, Alaska 99611 Dear Keith: ,1 T 4tOV 70 0PA'rMA7 -OAQ ♦ a'4ju c E -a.. "C%"e Subic= Kenai WW F Improvements 40,/0[e a A C. *or ,wrot T CIO "ct t 3/P//" pa we row i We have received and reviewed the backup information you sent regarding the need for disinfection facilities at your wastewater treatment facility. As we dis- cussed during our phone conversation, we are providing you with fee estimates for the required study and design of these facilities. DISINFECTION STUDY Before a process of disinfection is selected, a comprehensive study addressing the advantages and disadvantages of each process should be performed. As a minimum, the report should address project background, description of disinfec- tion alternatives including chlorination/dechlorination, ozonation, and U'V disin- fection, capital cost, annual operation and maintenance cost, present worth analysis, and reliability. Other factors such as the need to install scrubbing equipment for chlorite, building codes, fire codes, and safety issues should also be addressed. POWER COSTS STUDY Another issutc Of concern to the City is the high monthly eiectr'city costs. The costs have increased from approximately '54,500 at plant startup to Dyer �P.A h,,_� c:c e t ff",.a Lk OC4 rOACt, D �f, r, N � � !r„ ` �:��n � � " fy, I;t'( "4�O [�'1(ir, 'tY�fa;. b1l, F.��C� 90721M1551 Ant `:oro�W, Ala^ko QQ6M I have discussed this issue at iengti; with our electrical ,,t'--.if ;ind our operations experts. They Loth agreed that problems. similar to this are usuafly better addressed through a change in opera.iona! characteristics than they 're by addition of electrical equipment. In other -words, there are some electrical equipment charges that can be made, such as addition of capacitors ro reduce the power factor or a load management device to hinit the allowable peak dernar?d, but the equipment related Cost savings are usually significrin.ty lower than savings from changes to the plant operation. Our r; :omine ndation is to have one of our operations people and ove of oul c?_,;trical staff visit the plant site and analyze the power usage records and p!, of operation7. We will yubrriit a written report to the City nutli;ting cham"es that co::ld. to nnadt bath electrically �;nd in day-to-day operations. Tn;s is 110t M imply that the plant is not being operated properly by your current staff. As you Lint sell aware. the Kenai plant consistently produces so; of the higl:eSt qualm etfiuerit in the state and a walk-through L-)f the plant verifies tha± it is also one C i t;; clearnesi and best iraintained pants in the state. However, the site %isit Zinn analysis Of process and electrical _ pr radon Will address the e'Cctr1- cal costs issi:es and till additional issue o: havint' us idttnt4 other ara—as Where the City could 'incrt.-ase et:;ciency, lower cost,. aridd, inc.-ease the quality of efflu- ent" as stated in your letter. We have not identified ary constru, tiur. c-•st•. asso0ated with these changes since our electrical staff believes it is premature to c_io this before revie-Wing data a:id visiting the plan!. They indicated that the cap!tai ,posts should be ininimal for any changes they can foresee, such as adding capa.%turs or a denvad ;iniitcr. Therefore, these costs should he covered by the contingency included in the capital costs of the new disinfection facilities. DESIGN OF DISINFECTION FACILITIES The design of the wlected alternative -Mll inclukdt the cost to prel a—,, :oncraci specifications and dCtttVitlgs suitabli to r public r3:ii'C!'?ti---tllcnt i=[''.1 C7»l:iTl ii shown in Table 1, if the T disirife tijii al?emat!\'t; is scieCte UT iliftiIlg, tlii stud" Phase. we sir, r Div beiieve_ th�it :� 1?il tt sr�_u, shclLl�� be performed u� �=c�re the final design in :crop eted. The rC lia'ri=ity ,:)f tl:e UV is di,.pendent on Rn Mr. Keith Kornelis Page 3 March 1, 1990 ANC200. I the plaint effluent color and quality. The determina:-son of the UV dosages is complicated and calibration techniques vary. This variabiliy leads to lack of consistency in dose -response data. Therefore, pilot studies an- r?commended for each installation of UV equipment to determine its suitability for a specific installation. The cost of the pilot study is sliown separately in Table 1. Table 1 PROJECT COSTS Method of Disinfection Task L'V C1I/SOo Disinfection Study $ 6,500 $ 6,500 UV Pilot Study 14,500 0 Disinfection Design 36,000 43,000 Power Costs Studv SOU 7,800 Total Engineering � 6:i,gati $ 57,300 Construction Costs 480,000 552,000 Total Project Costs S544,000 $607,3Q0 CONSTRUCTION COSTS Based on information that we have produced on recent r ro ects involving chlori- nation, dechlorination and LTV disinfection, we have provided you with order of magnitude estimates for the two most probable processes for disinfection. The costs ;nclude '?0 percent eontinerc; , 'vt.1t do not include cartstructiWn n3�.w��a rnent o,' post ccnstruction senjccs. Et these se_V1C°_4S aredesired, they cou regritiated af%:r completion of t' c desi(t. The construction costs are higt ChlOrit?`!�I�-)n/dechlorination because for tLe larg::r basin, building,iddition, ca! scrubbing equipment, and chlorine eompmert. Mr- Keith Kornelis Page 4 Marc: 1, 1990 AIN0100.A.2 We look forward to working xith you or, this project. Please call us when you wanr to discuss this project more. We are prepared to wrise a derailed scone of work for you when you decide to proceed oath the work. Sincerely, CH2MHILL Macia 'ello, P.E. anc:cor:s1426.50 C-JA 1791-1"I CITY OF KENAi 210 FIDAL OO ► ALOAKA 4Yin TKAPAON64.78M FAX 9074"14 TO: William J. Brighton, City Manager FROM: Keith Kornelis, P.W. Director( DATE: March 16, 1990 SUBJECT: STP - Modification - 1990 Attached is CHsM Hill's proposal in response to my request for engineering work concerning the modifications to our Sewer Treatment Plant. Modifications to our plant are requested under our new NPDES Permit. It is the Public Works recommendation that the City award CHsM Hill a contract for this work by a councilperson's motion: 1791-1991 CITY OF KENAI 11110d Capdal 4 4"If 210 FIGALGO KENAI. ALASKA SMi1 t'gt.EP"0K 288 - ?$U FAX 907-283-M14 February 20, 1990 Jim Maciariello CH2M Hill Denali Towers North 2550 Denali Street, Sth Floor Anchorage, AK 99503 Subject: Kenai Wastewater Treatment Plant "DES Permit No. AK!-0 .a1Q 17-7 •1 I have enclosed the correspondence that led up to the SPA issuing their Compliance Order No. 10-90-01-03-308/309(a) and their NPDSS Permit No. ABC-002137-7 for the City of Kenai's Wastewater Treatment Facility. As you can see in reading through this material, it is apparent that the City of Kenai will have to disinfect its effluent. We are looking for a design engineering firm to furnish a complete set of final bidding documents, plans and specifications, that will allow the City to meet or exceed all of EPA's and ADEC's requirements. We are interested in:. 1. Disinfection of the effluent. We want all of the possibilities explored - chlorination, U.V., ozone, etc... This would include a complete analysis of the pros and cons for each method as it would apply to our situation. It would include estimated capital and future operation and maintenance cost for each method. Also included would be additional considerations of each because of fire codes, building codes, safety codes, etc... 2. Methods, costs,and pros and cons, of dechlorination if chlorination is used for disinfection. 3. Plant electrical improvements to help lower the power costs. A new method of utility billing using peak power has caused costs to skyrocket. We need some type of powerline filter, voltage regulator, or something, to bring our costs down which are presently around $12,000 per month. m.. ,. ,m,..r , , .ge 2 4. Any other improvements that would help increase efficiency, lower costs, and/or increase the quality of our effluent. It would be great if I could have your proposal prior to March 2, 1990. I will need to prepare an ordinance appropriating funds for this engineering design work which hopefully will be introduced at the March 7, 1990 City Council meeting. Please call me if there are any questions or comments concerning this work. Our fax number is (907) 283-3014. Sincerely, Keith Kornelis Public Works Director KK/kv Suggested by: City Council RESOLUTION NO. 90-08 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, IN SUPPORT OF THE FORMATION OF A CITIZENS' ADVISORY COMMITTEE FOR THE COOK INLET OIL AND GAS INDUSTRY. WHEREAS, a regional citizens' advisory committee was formed in June, 1989, for oil industry issues in Prince William Sound, and this committee has already shown great worth in participating in the creation of the new Alyeska Tanker Oil Spill Prevention and Contingency Plan, and WHEREAS, the ECO report, commissioned by the State Oil Spill Commission, lists Cook Inlet as a most dangerous transportation corridor in Alaska and is vulnerable to the possibility of a future major oil spill, and WHEREAS, it would be advantageous to the state and the oil r industry to have a citizens' advisory committee for oversight and to make recommendations to the state and the oil industry in connection with preventative measures and cleanup methods that would be beneficial to the ecology and the oil industry, and WHEREAS, the formation of a citizens' advisory committee with membership appropriately appointed could serve as a bridge between the state, the environmentalists, and the economic development of the state of Alaska, resulting in benefits to all of Alaska's citizens. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KLNAI, ALASKA, that the Kenai City Council goes on record in support of the formation of a citizens' advisory committee for the Cook Inlet oil and gas industry, patterned after the committee organized for Prince William Sound, and that the new citizens' advisory committee should be funded by f rer-tire vrl iTrdrrs trgr whz ch8 th sh"i5fiirng l eras noon PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of March, 1990. JOHN J. WILLIAMS, MAYOR ATTEST: Janet Ruotsala, City Clerk 1791- IMI CITY OF KENAI "Dd G2d pd%l a j Am"" M UM,,► U11 T8.04CM283-75M FAX 907-283.3014 February 15, 1990 TO: Council FROM: John J. Williams Mayor Once again I am bringing back to you the request from Mr. Robertson who is the Oil Spill Impact Relief Coordinator, regarding the resolution in support of a Regional Citizens Advisory Committee for Cook Inlet. Please take a few moments to study the resolution presented by the Kodiak Island Borough and see if we want to perhaps offer some support. On Thursday, Feb. 15, 1990, I attended the Nikiski Chamber of Commerce meeting, the principal speaker was the new president of Alyeska Pipeline Service Co., James Hermiller. Alyeska Pipeline has been instrumental in setting up a regional oil committee for Prince William Sound and from indications from the oil industry, they may also be interested in the same situation for Cook Inlet. It would appear that this advisory committee is going to become a reality for our area and therefore it would be proper for the City of Kenai to take an interest. It has been suggested to me that the chairman of our Harbor Commission, Barry Eldridge, be named to this committee since he not only is chairman of our Harbor Commission but also has extensive background in both the Coast Guard and as Director of the Cook Inlet Response Organization, now known as the Cook Inlet Resource Organization. Let us take a few moments to discuss this at our next meeting and see if this should not be looked at with a broader view. JJW:jr Re: City of Kenai Dear Mayor: On December 12, 1989, I mailed you a letter and a copy of a resolution supporting a Regional Citizens Advisory Committee for Cook Inlet. In my letter, I asked that your organization pass a similar i resolution. Are you in the process of initiating this or do you have some questions that I might answer regarding the resolution? Enclosed is some additional information about the Regional Citizens Committee that was formed for Prince William Sound. Sincerely, JJ�ekt� Tim Robertson oil Spill Impht Relief Coordinator cc: James Filip Jim Butler REGIONAL CITIZENS ADVISORY COMMITTEE The Regional Citizens Advisory Committee (RCAC), now in an interim form; offers the best chance for the public to influence oil industry operations in this state. The RCAC is the Alaskan version of the successful system of citizen participation in the formulation of oil storage and transportation policy in the remote Shetland Islands of Scotland. The formation of an interim RCAC, originally named the Alyeska Citizens Advisory Committee (ACAC), was initiated by the Alyeska Pipeline Service Company in June, 1989. Alyeska was responding to the need for citizens' participation in the process of formulating an effective oil spill prevention and response plan for Prince William Sound, as required by the Alaska Department of Environmental Conservation in the aftermath of the Exxon Valdez grounding. The 15 committee members represent the communities of Prince William Sound, the Kenai Peninsula and Kodiak Island, as well as fishing, conservation, aquaculture and native groups. No member of the committee represents Alyeska or the owner corporations. As a fully independent entity, this interim committee has vigorously pursued its goals. The RCAC has begun its review of the Alyeska Oil Spill Response and Contingency Plan, and has taken on the additional responsibilities of monitoring the Alyeska Pipeline Terminal in order to help ensure its environmentally correct operation and the safe shipping of North Slope crude through Prince William Sound. To guarantee the continued existence of a citizens advisory group, the committee is now in the process of developing bylaws and articles of incorporation as a non- profit corporation, as well as negotiating a contract between RCAC and Alyeska for the permanent committee. The interim committee has also involved itself in federal oil spill legislation. Most recently, RCAC modified Senate legislative language mandating a citizens advisory committee system, and in November sent a three -member subcommittee to Washington, D.C., to support the inclusion of this language in oil spill legislation before the House of Representatives. The concept of the advisory committee was introduced in the Senate by Senator Murkowski as a section of the oil spill liability bill passed in August. The advisory committee language supported by RCAC was attached by Representative Young to the Coast Guard appropriations bill passed in October, rather than to the House version of the oil spill liability bill. The advisory committee language was later dropped from the legislation in conference, but Rep. Youc,j's action succeeded in bringing the issue to the fore in +_he house, which is now on record as strongly supporting ti:_? concept. Senate and House members are expected to conferenr_,2 in January on the oil spill bill. ,! r A RGSO1,(ITION BY THE THE' 1"OIZMATION Uf' A IIJDUSTRY . (7I.1A (.OIII1r:11, OI•' TII : CITY OF ',I::I,I)QVJA III SUPPORT OF AI)VI:;(MV I'()111IIT'I'I;:1? FM? 'fill? CTJOK INLET OIL M11"' EAS, the gr.oun(li.ncl r)I" I-.hn I:::;:O11 V11,111 7, can Ilar.ch 24, 1989 created an ail shill which a f Unct-od r)voi:, 1 (mo m i of A.lm l:aln Coast including the shores of Se Ldov.i a Wiy ;► d t'IM f i �-h i nl.l (bounds of the Seldovia fishing fleet, mica MIE'REW7, the yl-oti d i.I)(I (H t hr- CI,AC I EP PAY (III July 2, 19137 created an oil spill which al: fer,ted Hio -,a I mmi I• i :;h i v-j r—eason .in Cook Inlet, and tho r:t1) I (`it(: ::r• 1 I m(m i lm i wj I1I ()1J► ;Im Of l.hr' oil i r1(Justry in Cook Inlet is not: wot-k i1►c.l n:, by tankers be.i iig allowed to enter Cool; Inlet W LLI)0ut SI) i 1 I. Cant: i n(lnnc:y P,LanS, and MI1,R1?AS, tII0 ECO rrl)(W l I hw c)i.l Spill. Commission lists Cool: Inlet m:> t-hn mo!-.L ion corridor ill Alaska and the most likely pl.acn for thn 1►r":t: m;i jr�r of 1. shill, and WHEREAS, thcl-o wev((� ovoi• :!Ot) r) i I ::11 i I I 1 (,puvLr d 1:(.) AI)EC or the U.S. Coast Guard on Lhe Kenai. Pen il►.-mia raid in Cook Inlet last year, and t• HERI;AS, there was formod a Ve(1 i m m I C i. 1. i zen' s Adv i_sory Committee in June , ].989 for OIL hidty;l:ry ill PI i n(,1. W i l 1. iar11 round and this committee has already showii groat: in pai-tic.ipating in the creation of; the new Alyesk.a Tanker o i 1 .1;pi l 1. Pi-ov,,nL i.on and ConL i ngence Plan. THE'RE"FORL DE' JT l.l•:.;UIWEl), l.l►r' Ci l �' ('(JIIIa),i. I. (:;I I .I_;; I -or the immediate formation of a C.i L.i tens Adv i ;o y Commi l trrn I'or. the Cook Inlet Oil Industry patLOL-rlecl a f Ln1- tho c.:t)nun i l t.r n m-q.- n i zod for Prince William Sound, and BE 1T FURTHLIt RI ;;ULVEI), Lhe i►eW C' i t ,.tin:, Advisory Committee should be funded lay direct don.-iL i c,l)n I' i ()li t•ho () i I 1 ndtl::try which extracts and ship-, oil from or inl-u l.h(! ) i,I imi. APPROVIED an(7 th i : 11`1"1'LS'VED: IZOD RTA II.I.ATT, C l.TY c1;1•)' t11 I)occ—Inl)t-l-, ].(J119. 011,I,Ald), 11AY0IZ KAMiak IslandBorough 710 MILL BAY ROAD KODIAK, ALASKA "615-6340 PHONE ("7) 486.5736 r rS' January 29, 1990 Kenai City Council 210 Fidalgo Kenai, Alaska 99611 Dear Kenai City Council: On January 4, 1990 the Kodiak Island Borough Assembly adopted Resolution No. 90-04 supporting the formation of a citizens advisory committee for the Cook Inlet Oil Industry. Attached is a copy of this resolution for your information. Very truly yours, Gaye Vaughan, CMC\AAE Borough Clerk GJV:smb Enc. By: Introduced: Adopted: KODIAK ISLAM BOROUGH RESOLUTION NO. 90-04 Mayor Selby 01/04/90 01/ /90 A RESOLUTION SUPPORTING THE FOIMATION OF A CITIZENS ADVISM CO MITTE8 FOR THE CbC)C INLET OIL INDUSTRY WHEREAS, the grounding of the EXXON VALDEZ on March 24, 1989 created an oil spill which affected over 1000 miles of Alaskan east" including the shores of Kodiak island and the fishing grounds of the Kodiak fishing fleet; and WHEREAS, the grounding of the GLACIER HAY on July 2, 1987 created an oil spill which affected the salmon fishing season in Cook Inlet; and WHEREAS, the current self monitoring program of the oil industry in Cook Inlet is not working as demonstrated by tankers being allowed to enter Cook Inlet without Spill Contingency Plans; and WHEREAS, the ECO report commissioned by the State Oil Spill Commission lists Cook Inlet as the most dangerous transportation corridor in Alaska and the most likely place for the next major oil spill; and WHEREAS, there were over 200 oil spills reported to ADEC or the U.S. Coast Guard on the Kenai Peninsula and in Cook Inlet last year; and WHEREAS, there was formed a Regional Citizen's Advisory Committee in June, 1989 for Oil Industry issues in Prince William Sound and this committee has already shown great worth in participating in the creation of the new Alyeska Tanker Oil Spill Prevention and Contingence Plan; NOW, THEREFORE, HE IT RESOLVED the Kodiak Island Borough Assembly calls for the immediate formation of a Citizens Advisory Committee for the Cook Inlet Oil Industry patterned after the committee organized for Prince William Sound, and Resolution No. 90-04 Pogo 1 of 2 1791-1991 CITY OF KENAI " Od G2ap" a j 44a" P' 2* RWMW Mw, M-&3U 9M1 283 - 753S FAX 907.283-3014 March 5, 1990 City of Seldovia Oil Spill Impact Relief Office Drawer B Seldovia, AK 99663 Attn: Tim Robertson Oil Spill Impact Relief Coordinator Dear Mr. Robertson: Our City Council has not shown a great deal of interest in the subject of whether or not to form a Citizens Advisory Committee for Cook Inlet. I indicated to them that perhaps some further information from you would be helpful, especially with regard to the committee for Prince William Sound. Would you be able to attend a Council meeting on March 21, 1990 at 7:00 PM, and perhaps offer some additional insight into the subject? My concern is that there will be a committee formed at some point, and if it is I believe Kenai should be a part of it. I believe it would be beneficial to all concerned if you could attend. Please advise our City Clerk, Janet Ruotsala, if you can attend. Thank you very much. John J. Williams Mayor 0 JJW:jr V4"I" 1791-IMI CITY OF KENAI ""Od eapdal 4 41a�fl TOWN, AL&SU nwi TELB"OW Zq - 7535 FAX 907-283.3014 March 5, 1990 James Hermiller Alyeska Pipeline 1835 S. Bragaw St. Anchorage, AK 99512 Dear Mr. Hermiller: Our City Council has not shown a great deal of interest in the subject of whether or not to form a Citizens Advisory Committee for Cook Inlet. I indicated to them that perhaps some further information from you would be helpful, especially with regard to the committee for Prince William Sound. Would you be able to attend a Council meeting on March 21, 1990 at 7:00 PM, and perhaps offer some additional insight into the subject? My concern is that there will be a committee formed at some point, and if it is I believe Kenai should be a part of it. I believe it would be beneficial to all concerned if you could attend. Please advise our City Clerk, Janet Ruotsala,' if you can attend. Thank you very much. John J. Williams Mayor JJW : j r o r \4, 1W6 SOUTH BRA(GAW STREET, ANCHORAGE, ALA.SKA 99612, TELEPHONE 1907) 2761611, TELEX OW25.127 March 12, 1990 John J. Williams Mayor City of Kenai 210 Fidalgo Kenai, AK 99611 Dear John: I have received your letter related to the possible formation of a Citizens Advisory Committee for Cook Inlet. Alyeska will have a representative at your Council meeting on March 21. I will try to be there, but my schedule at present is tentative. We will confirm this to Janet Ruotsala. Sincerely, ames B. Hermiller 89�1`' President ��1 Q^ kp �' � � r9.9p d ,, ^'j1'0* C-3 Suggested by: Librarian CITY OF KENAI RESOLUTION 90-14 A RESOLUTION ON BEHALF OF THE CITY OF KENAI, ALASKA, THAT THE FOLLOWING TRANSFERS OF MONEYS BE MADE IN THE GENERAL FUND BUDGET: FROM: Other -Contingency $10,000 TO: Library -Machinery & Equipment $10,000 This transfer provides money to purchase an additional disk drive for the Library computer system. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of March, 1990. JOHN J. WILLIAMS, MAYOR ATTEST: Janet Ruotsala, City Clerk Approved by Finance: CRC_ WEnai Lommanity -fAa¢y A PUBLIC LIBRARY IN SERVICE SINCE 1949 163 MAIN STREET LOOP KENAI, ALASKA 99611 MFMnR A tMTTM TO: Wm. J. Brighton, City Manager City of Kenai FROM: Emily DeForest, Librarian City of Kenai DATE: 12 March, 1990 RE: Ultimate CPU in Library It appears that the disk space on the Ultimate CPU is all used. To operate the library it will be necessary to purchase a new 150 mg disk at a cost of $10,000.00 including shipping and installation. I would ask that the proper facilitating resolution be prepared and presented to Council at the earliest opportunity. CC: Charles Brown, Finance Director City of Kenai e a o 0 STEVE C DEPARTMENT OF REVENUE $so W SAVE ,u�ro�ce:. e�of.e�e �u���� ear March 9, 1990 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 Pizza Hut #9 PACKAGE STORE Oaken Keg #58 cc; Kenai Peninsula Borough State of AYk. AkohoNe Aeu« men CoMml Bond � age w. s.»eth 1Vvetwe A"dWege, AM" 'eea01 Ttes-eppaordlan w for. (clack one) PAGE 1 OF I_, LKMR LICEN8E APPLICATION (Ps lMR/ 9 injti u+ctlons) (, 14p � s � � ABC Do. net aaardw yew ❑ TM sk tlwtmt pe od to ga — tW - SECTM A, rlwd e• rr a License F*/$300. 0 -T T1Ped92-Ot�'8698 N,,, Eating Placeekem Y�P+aY) OR ❑ 0,twdewriklptattr Flung Fee NOW elt( a ' ❑r ■ thee..ew a««stemstsogm-hour ( 1 l�i Lksrwe Ne"m 89-2596 0 R4woetwn Nnw egMlo�llon tw+lerdtO neWea bw requea formm wobw al"weeae leeppt, I#y aw AWooleoac Beverage TOW $ Enter m"Mm rWo or tradetee�t alma end MOBS" es a made "Weef on the Noohee: Pi'22e M47t � Now) CommMy Nab and and Maatq Ad*on (Bee tnetuetlony ;; 1 Mai Spur 4 -- Kurarri, Inc. 'igge = 110: `Br -72413 Anchorage, Alaska 99509-2413 CRY Kenai, Alaska, 99611 Butneet Phen. Number(s) ❑ TM IB A NEW MAID G AD0WESS 283-3900 SECTION D. TO bEkwetke or qtw end AetoaalensppftmftnL Nsrw to be ua6 an pukas � win el4retYekq 10 Iew 1 prendbe: Is Moawn 41 prertaees gwrw awn «wee awn Be ndw ttsm thebdtrwt a . PingNut eee4lneetPee�nghdwtlaee munbjtaab)7 clone; N Ii i- lroundu: tNuwno►meewnd unOtr: eppP 4 ai ❑ AS O4.11 AI0 OR 0 am w ow so made ❑ Len awn SO mass ❑ Not App*mbte Cbeot Clwwh: 1 ❑ Lora Ordnwm No.: Prorates b W aesesW w. Plrw wt ~ 10 Fke kaerawa M***reler new ens pupated Wadngt) Ex Ntw ❑ d Preeeaee AtleatW M M NeM d Rewestlon SECTION Q. R IWOKMIATION. Mat be aompI I tor Twwrer of lketwe Holder end Reboabn tppaetSaw Only- 0 M'el+ewy Termer. Aeesh atawrwnb wMdi eetlence "detwlP under AS o4.nsro. ❑ Roriw Tula«. Any ktebnmwet OMMIea under AS O4.11.670 for pugweee of eppt ' A$ In e MW kwohm" bolter«. moat be Ned with tMe eppSoMpn (1 SAAC 104.100(f$. Roo er pereena pteperly conveyed wth Sete kerWw kr: (Aawh exht .heele S eeammy) Nane(s) and Maeq Address of Correa Metwee(s) BEFORE TRANSFER Oo ft Sunken As: (&nwwe Nwne) BEFORE TRANSFER Skeet Address or l,eoeaon MUM ke eenPleMd a eppaetet «ooappaaent b • aoryonnlbn. (AS O4.11MM Corp"" ant. Kurani, Inc. Dobp Buelnees As Muwwee Nerve) Pizza Hut No. 9 Doe of hmmporebw in Ak" 06/24/84 Met" Address P.O. Box 92413 etred Amen or locrwn of Business 10160 Kenai Spur Hwy Cky, Sloe. 20 Coke Anchorage. Alaska 99509 CRY as stete Kenai, Alaska 99611 Capauw OMIes Phone No. 562-2205 is the awes nwned a rtmodon In good e1 11 - With tke Stew of Nuke, DeporlamntdCVWWatend E° nonftDa"wpnwW ;&S ❑ NO Reg*WW Agent (None and Mm%V Address) Kurban Kurani P.O. Box 92413 Anchorage, Alaska 99509-2413 Agmts A w*e Redder" 11 veers: keortaw Agent's Phone No. 562-2205 CORPORATION Del[CT00 AM WOOIWCLMM (We edcomm shoeb S neeeeetry) % «Shoe. of Fa None (Do not as M") Hones Aderees Deb or BLit Ownership Kur an Kurani 4325 Butte Circle Anchorage, Alaska 99504 11/26/51 100 C� A TIM AREA OFFICE USE ONLY t tom "Unt a orb App wed meavem Slp totm .._ • ' ^."r t; t Fenn 04-M Page t (Res. 8/80) ATTACHMENT "A" ALCOHOLIC BEVERAGE LICENSES HELD BY PIZZA HUTS OF ALASKA, INC. and KURANI, INC. Alaska WC20666 Location Number Pizza Hut # 1 3313 Spenard Road 89-0881 Anchorage, Alaska 99503 Pizza Hut # 2 4900 Old Seward Highway 89-0882 Anchorage, Alaska 99503 Pizza Hut # 3 954 Muldoon Road 89-0883 Anchorage, Alaska 99504 Pizza Hut # 4 1990 Airport Way 89-0884 Fairbanks, Alaska 99701 Pizza Hut # 5 89 College Road 89-1475 Fairbanks, Alaska 99701 Pizza Hut # 6 3001 Penland Parkway 89-1576 Anchorage, Alaska 99508 Pizza Hut # 7 Tract 01, Regional Park 89-1709 Eagle River, Alaska 99508 Pizza Hut # 8 1/3 Mile, Old Richardson Hwy. 89-2028 Fairbanks, Alaska 99701 Pizza Hut # 9 10160 Kenai Spur Highway 89-2596 Kenai, Alaska 99611 Pizza Hut # 10 4005 Geist Road 89-2613 Fairbanks, Alaska 99709 Pizza Hut # 11 729 E Dimond Blvd 89-2935 Anchorage, Alaska 99518 ` e.m«we ° red Bawd LIQUOR LICENSE APPLICATION = ES PAGE i of z ew.nii Awnue Anepnm� 3g, \_Paaf�NABC SoWn ( id iw&Ucft")«Fae ; n.. This appMOMbn b for. (check one) A hAt caltrdr Veer ❑ The st mmid prlod boomft and WK" a. uc I MwN a«K� Typ M AppSps00n: LJgeaa T SIMOb m1w1 w"ee - Fw Lbapee vw F0*92 l 6M see.a.+1. 1�0 1990 92-007E61? Lloune SO.00 O New Package Store (a OR O y 100.00 ® Rrwwd Kounj �NIIMty (�� CwnNkt Lkpw Llosasa MStOMw - Mallpr Mwommo "o or scum at Nee130 MpM-now ❑ TwNafr of 07 96 dwM1 �PMLaYanar 1wr► W ot.11 >3q^p•�rr^.�^ i TO M L emw. fwa.r rnorapplemMenYAbeMNWw*mwrMet mWeet for ® YES O R.tr»amt wabwer -1 Son r appw.d by w. AMwhcMa ew.rao. NO waist, R50 EnwrapplorM's or brWwWa twro w0d WO p" . /ys pone) Com"Mmy omm lia o ON MYMg AOlaas arlrese w it 4ppww 0"0w losrwo: 158 ($- Instruct" Oaken Keg Spirit Shops, A-$t,;,Sa1Z1t_Si1oF A aral Partnership, composss of L.J. Carr Inv. & BJG U. spn.r Ad 1 b]p,. SH of Pasta ice Cft AlAska 99611 An Alaskan Corporation ;p Bldg P —Konaly Swlnaee PMM lkertbr(s) 4 Tots �AllEM hWL1�76i ADI3M281-3620 "'MtKW 1r lNew and FinwaWee Nmnsto be used on puMle don w In MdVW Mp to WIN ft prratw: Shn PA rabrarn otlsee gran M wSse tlaeN M botartlrW of • Is WOW of 0 1 Pit naaMPURy pnarpatI d Vj bWWgh dr arrOtHatrrMa~ Cleeep S . &W 1 Dletlsrea NriYwdiO order: NL }al lea CtmwtChurch: AS 04.11.410 OR � 4 MO C] Lacdl orananoa No.: 00 0wr SO MISS @ Lew 01an so"" ❑ Ms Not Appaca Poerrsew to bS Ilarwed Is: PWM sub~ 1e Flo Mwshef ( "Wmd...Nr wer mnd p"wed WMmpl F Ilew ofFrwnNeeAfldred Mr4aktrrrte SECTM C. WNEWAL IN Inom,IANeIb lerRenawei IteuwreewhasaloohuMcbew 0 emee .4a w NMMrs hr Oro 0ndMMMNeetaMfgedn0wl d PACKMIal 0 breraftsMMpnloohWwr ase- cerrararsad, paseaesedoxyorebredbeen ClrrgsdMmrrto Ml1�ItwK ilAM ed W "m AftwwMc Barrgo Ca" epaa in nl0~10 mom Old" eYq rwwK*d tal klb0ram suenwedt BOwdt ❑ YES - C)'k NO ❑ YES [ NO ❑ YES 151 NO nom D. F I Must a oanwplebd Nr trarrww d Lkwwm Nlodr and Rebwdn app4l0aaens say. O berahr4ry Wameloe. Aftch dommwft which wtdrt. "dWmW andr AS $4.1 JJM. O 0 - I .11mu ler. Arry Irdbumera executed under As 04.11.970 for pumpom of epp'N' AS O4.11.36N4)(8) In a MW Mwolwryery bowhir, meet be Ned VA this e1 11 1on(1SAAC104.108(n).RrrorpareondpWmtycmv" wMUf b-,Ww Im: (Aftwh w*e sheet 0 rtesmmery) W (s) rd MYMq Akldreme a Current Llorwe00) 13EFOFE TRANSFER. Do" Bummkiew An: (9usbove Ilene) 8EFOFE TRANSFER. Street Address or toOaSmn ►ANt beCrcpletad l4ppsoant or Co-applrws t a oorpora0on. (AS O4.11.300) cootmete NamS Set. Attached Doing SINMwM As Mueh— N" Dele d MtarpreSon ti AWke MMMq Actress Street Addreme or LonOon of Sum need City. SuMe, Zip Cod CRY and am" Corprsts ofte pho No. is the oboe nwmd eorporatbn In good elmrrdr g vKh IM Sleds er Alsea. Deprtnwnt of Corrmww and Econorwc OerMaprwnit ,fR YES O NO Repbbred Apra (Name and LMNnS AArass) Agara's Abdka Reeldw" Yea: LIIrtOr: _ ASaW'm l'Iwte No. tx11*4RAT10N DmacroRS Am wroe owm (item addll0naf *neat 0 necosmery) % w Stores of Ful Namm (De not um Mpst) Horrw Address D" of oft Owrwmhrp TmQ AcmA r FFM IME ONl V I • t -YAP. - l : 1: -•s,'1 - UoerwS We be oats Approved DMmctdra 8gnl4Kf. , Form 04s01 Page 1 (Rev. SM) ALASKA LIQUOR LICOM APPLICATION �I PAGE 2 OF 2 964 M F. PM WIDUAL/COOPORATU OFFO1 WOIMNAi'fORi. The lorolwlp IrewrrWW wfM bq p wftd ror Mon eppeorN or oorpwate omcvr. If me ePP■eem or oaappewm Is eowpIM aaww MO MM wabda IMPt+MSMM. W&Pnddeft Some" end Tnomwthe adMaW pqw M Mcwwy. pw Nana (Do not uw kraal* - See Attached FW NMM (Da not WehrWp — M•e� Ad.ew rrwq Aadew -- Cky, at" Zip Code cey, SW ZIP coda ----- Nome Addwe (y allerwN ham rn W" oddre" tbmo Adtlnw (■ Me ei t horn wwft uN w) . ' Deft of eM HMO ►nMe V%I* plane Do* at MIN Iw a Phu* wade wan. of Mare 9 SOM**"w IftneyMew"n"aaoeym hM ofMmM reppllowNleeoorperaew,tlwNryeaoerp ONWIlaeyou hol6 Yeao M, I Yeera MM" Full NwM (Do not uw Mraale) Fue Wme (Do not um hdtlale) Mabry Adtkew - IMM" Addew — Oily. etas, ZIP Code Cry, shift ZIP 00M -- Honr Addme (■ dlrerwN hem rnamg aedw) No Adarwe (M drrerent fmn n -M ed&r ) Dan of BIM FbrM Plane w0* Plane Doft of BIM Nome phone work phone LwqM aMerka" "' "aAiWo repprorrtbe- III We 16wiNvOwcorpondeommym Yore Morhas Yews Mons' Dom any nlavpaa w eogrorem emoer nehrred raw new Mee wtVdmd wVWAW wMrwl in any oerer eloobea tow spoil bwlnw IlOeneee in AYeu or env anw swo? ❑ NO CkyEs r ye% piw elite, w a bu wws, and eddem. College Rd/PBX 1336 Aurora/Aac 0793 Bastgate/Anc 0799 Palmer 2098 Muldoon/Anc 2094 Gambell/Anc 0792 Prairie/Anc 1789 Sasrs/Anc 0795 Bottle Bin/FBX 0163 wasilla 2266 Jowl Lake/Ane 1379 Tudor/Anc 0794 Huffman/Anc 1799 Soldotna 2780 EagU River 1464 Kenai 0796 Dimond/Anc 0798 Flea wry Mdhtlua w allow NeMe aMveboM eonvMW as fawry, a elo WM ~ 04, w Men mwkbd m a Newaee w nwWow a Noeraed psemb" In wwo w eras a ba kpW W ae a' Bat wlw ehae we sin■ a ea Mr approWw7 ra NO p YE ■ yw. Pld • 6*11* on ee0 Weer dPWer. SECTION H,:Rf."AJMMM Mlirf be had and awshd by each eppftft I dedare undw IpsrtMky of perMay #W i have ehtamtlsd d* appllaatlolt, Inks" the acocnlpar" sc hedtAes and swAwy nts, and to the hest of my MwMledde and b" k is true, oofrect and ootrtpieb. I further cartky that 1 haw read and am femBerwkh Tide 4 of 1heAMmM statutes and Hs regtAsdons, and that In sowrdancs with AS O4.11.450, no person other than the appNcent(s) or Nosnsee(s) has any direct or Indirect flnw W ktbrest In the 11mmed business. I agree to provide at Informadon required by the Alcoholic Beverage Control Board In support of this appkellon. If appNcedon Is f r a Beverage 01spensary or Package Store Iloenes, I certdy that each aWcard named on NNs appNcatlon has reekled In the state of Alaska for at least one year prior to the date of 1Ms appNcsdon; and/or the applIcant is a oorporadon registered and gwdfied to do buckle w in to s" of AkWw for one year prior to tthe dab of Mtis eppNardon, or aH of the shoreholders have roWded In the state al Alaska for at h" one hear Ipdior to the dab of #* appkation. t31 MVI.IM" L"W") (AMMANn SMOATUPS(S)of Carr, Pres. L.J. Carr Investments aPies.B. , BJB Investments / 3iLl trr bmra.j.nd�i nlD 8ubeaAed wrd sworn to bOo me We Q days days A rs�! Ip NOTARY IfIIr,NID tDR ... • 'W±TMaY PUBLIC IN AND FOR ALASKA W oommleNon 60rm . w Foss 04-M Pepe 2 (Rev. e,■e) 'ORATION INtOR14ATION rage 1 of 2 'aEi+TE"N)C`+tE: BJG INVESTMENTS, INC. DATE OF INCORPORATION: 11/18/83 )RES'S y -1400 E. St., Anchorage, Ak. TELEPHONE: - % Oaken Keg Spirit Shops TELEPHONE: 345-53 47 4547 )RESS: PO Box 11-2107, Anchorage, A. :;ISTERED AGENT: James B. Gottstein DRESS: 6401 A St., Anchorage, Ak. RPORATION DIRECTORS AND STOCKHOLDERS: ALASKA RESIDENCY: 33 Years TELEPHONE: 564-2424 ME: Banard Jacob Gottstein s of OWNERSHIP SHARES: 100 t DRESS: 1400 E. St.,Anchorage, Ak. TELEPHONE: (home) 277-0382 TE OF BIRTH: 12/30/25 TELEPHONE: (work) 561-1944 RPORATE OFFICE: President SOCIAL SECURITY NUMBER: 574-05-6758 14E: James B. Gottstein t of OWNERSHIP SHARES: � DRESS: 6201 W. Tree Dr., Anchorage, Ak. TELEPHONE: (home) 346-3765 TE OF BIRTH: 3/3/54 TELEPHONE: (work) 564-2424 ,RPORATE OFFICE: Secretary SOCIAL SECURITY NU�IBER: 574-18-8279 .ME: David Gottstein % of OWNERSHIP SHARES: or )DRESS: 2110 Innes Circle, Anchorage, Ak. TELEPHONE: (home) 345-0832 kTE OF BIRTH: 11/7/54 TELEPHONE: (work) 561-1944 )RPORATE OFFICE: Vice President/Tres. SOCIAL SECURITY NUMBER: 574-18-8080 )RPORATE INFORMATION: L.J. CARR INVESTMENTS, INC. )DRESS: 1341 Fairbanks St. ..._ Anchorage, Alaska 99501 3A: Oaken Keg Spirit Shops )DRESS: P.O. Box 11-2107 Anchorage, Ak. 99511 DATE OF INCORPORATION: 5/23/83 TELEPHONE: TELEPHONE: 277-6639 345-5347 .GISTERED AGENT: Jacqueline Carr -Agri ALASKA RESIDENCY: 34 Years )DRESS: 1341 Fairbanks St. Anchorage, Ak. 99501 TELEPHONE: 564-2424 )i:PORATION DIRECTORS AND STOCIGiOLDERS: •14E: Laurence John Carr t of OWNERSHIP: 42.5 t )DRESS: - 2501 W. 100th.,Anchorage, Ak. TELEPHONE: (home) 344-2506 aTE OF BIRTH: 7/28/29 TELEPHONE (work) 277-6639 )RPORATE OFFICE: President SOCIAL SECURITY NUMBER: 568-32-1293 .24E: Wilma Ruth Carr t of OWNERSHIP SHARES: 42.5 t )DRESS: 2501 W. 100th.,Anchorage, Ak. TELEPHONE (home) 344-2506 ,TE OF BIRTH: 8/13/32 TELEPHONE (work) NA )RPORATE OFFICE: Secretary SOCIAL SECURITY NUMBER: 446-26-2851 :QRPO,MTION DIRF.CTORS AND STOCKHOLDERS: Gregory Michael Carr ADDRESS: 3870 Alitak Bay Circle DATE OF BIRTH: CORPORATE OFFICE: 1AME: ADDRESS: DATE OF BIRTH: CORPORATE OFFICE: NA14E : ADDRESS: DATE OF BIRTH: CORPORATE OFFICE: f Anchorage, Ak. 99502 7/18/51 Vice President Jacqueline Carr-Agni 600 w. 76th Ave. #402 Anchorage, Ak. 99502 2/5/53 Treasurer Brian Laurence Carr 1341 Fairbanks St. Anchorage, Ak. 99501 12/5/54 Ass't Vice President CONT: Page 2 of 2 ♦ of OWNERSHIP SHARES: 5.0 TELEPHONE: (home) 349-3395 TELEPHONE: (work) 277-6639 SOCIAL SECURITY NUMBER: 574-20-5133 ♦ of OWNERSHIP SHARES: 5.0 TELEPHONE: (home) 522-1241 TELEPHONE: (work) 564-2424 SOCIAL SECURITY NUMBER: 574-20-8891 ♦ of OWNERSHIP SHARES: 5.0 TELEPHONE: (home) 344-2506 TELEPHONE: (work) 277-6639 SOCIAL SECURITY NUMBER: 574-22-9318 STET ALCaVOM BEMWE WWtWL BC'3AjRWO / ANOMORAG& ALAW Woi4m February 23, 1990 Janet Ruotsala, Clerk City of Kenai 210 Fidalgio 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 RESTAURANT/EATING PLACE Italian Gardens Little Ski-Mo Drive In'/! 0"~ l e• !l, Y l- cc; Kenai Peninsula Borough • local governing body as defined under AS 04.21.M(IO) may protest the approval of the application(a)- pursuant to AS 04.11.480 by tgraishIgg the board u 4the applicant with ,a tlw and cona"e wit1 t 004"sst of rossoo W v0sport of a pt~at the OW14stidi'within 30,408 of receipt Of this notice. It a PC~ is filet, the bated Will got approve the applicsilen "I*$t it therm tut 1 o potodt is arbitrary. capricioss 40 umr sotpoble. lmstosi, is accordant with As ot.11.S3d1brN), s beard will notify the applicant that the application is denied for the reasons stated is the protest. The applicant is entitled to an informal confer* aer with either the director or the board and, it not satisfied by the informal tomtereace, is entitled to a f l bearing in accordance with •s 44. i2. 330-44, i2. i30. It TU 41r1PUftW • d1E•dIM, in NbMMit= NM an Nunn U 2NR 11MIARbEM6 AND AWMW IN SOMW 0! '"MN VOM? . Under AS O4.11.4201a), the board may not issue a license or permit for promises is a municipality wbert a toning regulation or ordinance prohibits the sale or consm9tion of alcoholic beverages. unless a variance of the regulation or or 1pasce bas boom approved. !err As 04.11.4204b) mumicipalities moot Worn the 'board of toning rosplatioss or ordiwoses ubleb prohibit this sole or coasumptiom s>t alcoholic beverages. If you wish to protest the application referenced above, pleaso do so in the proscribed manoer and within the prescribed time. Please show proof of service upon the applicant. Oad r regslatios 1S AAC 104.14S(c) the board will grant a local govorstag " ma estessiem of 30 days in which to protest as applieatiom it a request is filed in writing within the - original 34-der Pefriod. If a sanieipal toning regulation or ordinance prohibits the sale or cosemption of alcoholic bevereges at the proposed promises and so variants st the repletion or ordis nee has bees swrowed, please so notify to and provide a certified copy of the regulation or ordinance it you have sot previously dome se. Pbb',Q'Ybb T UMM AIR 04.11.480 AND T23 PlOMAI?IQN 0! sALB 01 COMMMPTIM 0! •LQONOCIC UMWO AS QUIM U =US LION 01 OVINOM bNbbbU •s o4. it . 42o(a) Two opsm t Am iMn? 1 m . !lease bear that is sled is reepomd ag to this notice. Under AS 04.11.310, if applicable, a notice $s also ing Provided to the appropriate commenity council Within your municipality. Sincerely, Beth Nelson Records & Licensing Supervisor (907) 277-8638 179f'1-'1991 CITY OF KENAI %Od aj 44"„ Huao n0i ,Im"M- FAX 907.283-3014 March 8, 1990 Alcoholic Beverage Control Board 550 W. 7th, Suite 350 Anchorage, AK 99501 At their regular meeting of arch 7, 1990, the Kenai City Council stated they had no bjection to renewal of liquor licenses for the followin Beverage Dispensary The Rig Bar Sri; Kenai Joe's Restaurant/Eating P 'ace Italian Gard Thank you. i Janet Ruotsala, CMC City Clerk jr R( ems • k PAGE 1 0f,. t Av~ o1Boind LIOUOR LICENSE {Inaw0wsAPPLICATION � (r"/V w readt. kV"rM ftM rl" 1 dtd Z to the ARC .. I �fAM3NR your RNt. This *pMWoa is for. {a9Mac orw) ©A hM eatatr I yew ❑ The sh Mona ptriddtesgRAV Mrat a for M a 010"It p , Fri11wM . !'etlFtel 1990 Yaw Bse. D4.11. 100 $2�3223 _ Won. i . OU Two a/pswimp: p New,!3eer ® �,M ❑ Twnaerd uw w. Nogo ❑ &Wine oft ❑ �� v of xenaiam Fee 0.00 Cicero Number #1774 VWWM s �JrsY 1 w4 Rao, r�OP�e0 w1lbedrMlM uauw anntrr ra9lMeat for ®YES nolWraeptirManwalprrwedbylheA..f3everpe - Tell $400.Q0 Entr epp"Mants a bantftrw't nanhe arM nwlap tbNp BMbww M (SWMwu Narw)OWWWAY Little Skl,410 Drive In OWAIM NOW and AM" AdNses pea WA&MOSonal iald S. Yamamoto- P.O. Box 4363 Kenai Peninsula Borough Kenai Community Council SiWd - -1 — Spur Hwy., Gusty Subdv. oq Kenai, AK 99611 210 Fidalgo Kenai senai, AK 99611 BwN�M PIrone Numberjs) .. . ... _ ❑ THIS B A NEW M0AJNQ ADDRIM (907) 283-4463 MMMto for t4ew ..FMIerMen I/rrw to be event on PAft Mign or In e/voOAq tt YMrkfy prtmYw: Ia 40MYa tm or Iwo am BO MDss ham the bourMrNs of a rmnlepalgr �WaMporMMMMy. Oorough at ~ munWpMly)4 Cloaca- Solve Grounds: OWOM Meta od urltr: I Closest —� ❑ AS 04.11 A10 OR ❑ Greater Man w mtlwLou❑ Loalas 50 mlw ❑Not ApplleebM tr Cmh: ❑ Locat ohdnrnce No.: Pea dow to be Ice" Is: - 1 - ' Plarw tlhbrr'Nsd 1cFloe k*#0 W (A*quYatl W row and paposM.bulaNgs) F N1Mtlit i0 ❑ 04P al FtwtMtw AfteoW for M 04M and RGIMMOM NwtMww vAww MoWto"ebwtwDwwwl4, asrwMPACKAot OTtrli.tithe notlwlosauwow oft bover- crrwanel4poeestaedaAtlbrataradbwndrarrged0baae iislMwll aWnW to Ow Akoho1c MW*W C4ftd egMMnp, lowMlm ordersb"rernwod7 rat drgrmr MbrrMMo BDOW ❑ YES Q NO ❑ YES ® NO ❑ YES ❑ NO SECTION N —be ¢a F' MO for Twow of Li mM Molder and Milooallon epPICOMM only. ❑ Y vokintery WMMSW. Attach doM wnls e4rldr WM*nM "d~' undo AS 04.11.670. '• ❑ Regular Tr4naer. Any hwbw w execOad urh I AS O4.11.670 for pulpboae of epp VAS O4.11.OE0(4XB) Ina Nor Mr1ekMMry barwfer,-MM,b* fetd hMOrlhm 4ppNBMm(1SAAC 104.105M). Rider pars, Propsdycmwyedw"hlhNhwWo Is: Vawh extra aneds 0 necsesery) NOM(s) and MaNrhg AdW es of Cwnrd Llcerwoo(a) _-•.., t. - `:"•".... ; -. .-�... _.. ` BEFORE TRANSFER. Reba Bwtnew As: (Buatnew No SECTION • LOW to twnp4hd If appFMed ofM Wkent Is a copratian. (AS O4.11.000) Capon" "am Osbq am— As (BMwsM Name) Der d bhcorporatbn In Awake Mw" Address Strait Addrwe or Location of Bwkww ;r City, State, Zip Code city caw awe Corporate Olnce Phone No. b Me above rrmwd corporation In good elrrdln9 with the State of RepYarad Agent (N- 0 end MalFng AdOws) Agents Aleaa Reeldency — Ah"a. Dgwrmwnl of Comnwhce and Eawmn* Davatap ant? Yarn: klontlls: ❑ YES ❑ NO 'Went` Phone No, CORPORATION DMUC7O1110 AND WrCCM40LDBRS (Uw adVAMW aM * N rhecawry) % or Star" of FM Nanw (Do not use WAM) lions Addeo '40, Data of BIM OVAM1111p THIS AREA OFFICE USE ONLY I.J ! Jaw" Number Data AWoved Dkeetoes Mgndwo Fo 04401 Pegs 1 (Rw. MBB) THIS AREA OFFICE USE ONLY I.J ! Jaw" Number Data AWoved Dkeetoes Mgndwo Fo 04401 Pegs 1 (Rw. MBB) .. /U`.A Lt�QUOR LICIR SE APPLICATION PAGE 2 OF 2 884:00N IN. ORFIMATE OAR INFONMATION. The ron, - wonneeon must be prwltled ter each wpownt or eonwo" officer, if the eppaoaA ar oe4tfrpNNala M eawpreuon, lira alders Nslcd meter Yrarda the PrasNra. Vt #-PnefdenL aeaw Y and Tnaw w L%o odditW pea"" nwoowy. FW Now (Do not time MlMi Fro thaw (Os not wee MNIi) Ronald Setsuo Yamanwto MNMp Aedrees hbllrq Atldrew Box 4363, Kenai, AK 99611 City. snob, ZIP Code ., CNy, Bbb, Zit Cads Kenai AK 99611 fpme Adeem (N erso nl ham nrarq amreas) I m. Adueee (r dlNawd term mebq adoose) ., 508 Cedar, #3 Kenai AK 99611 Dab d M M Nome Pram wotk Phone Deb of am He 0 Ptwne woM Phone 10/13/38 283-3063 283-4463 LeaNth ofANM Nsp Nerd kaaepaeaon, ldwday9woorperetsoNtosyw of A"M N1ppN booaporatlar,perrMythecaporaeomoeyou hold. Yeas MrrMe .. ear Montlra FUN Name (D4-tW tree MNMM) New (Do not era Innate) 1 7Ful I '" Adt!'ea LWbV Address CRY, slab. zo code - 'M'My. SW^2 p Code to Addnwa (M date rent from rrrsNrrp adeeee) None AddrWa (N 11ferent from f WA edom) ' Dre of 8kM Hann Phone Work Plum Deb of Birth IMme Phors Work Phone jongIAGIANakeftelclaq MepplbenfMecorporeft,WemNyMacoryorelsaBloeyou hob' Length ofAWka repplbaMkscorpoatlon.gwrail, thecorporaleoffice you hop' Ywra haft Yarn Months T sTIE OffMft SACKGROUM. Mug W fw' aN of Dow any NWWwl or eoperM oNiaw homed above new here any died or ttareot RMreel In any o#w alaotroNa bovantya buarrew leaned M AbMa or wry other vMv? .y1 M NO ❑ YES N Von, eke ebb, nerve of ba kwes, end ammo. Hw try IndkMrr er - p — oNMar Noesd ebow beset oorMdW of ■ faaq. a Moblbh otws W, or bean eortekted w • lawraae or nrnaper a tberrsd pranews M erwerw aka or Ms Mw tear, of Mi va" at" top" of to Met "pMeeMar7 ® NO ❑ vse N yea, piers erplir on "prate Maas of pspar. Mrt Ms ntradakl content by each eppNoaht I dodaro IwaW paltalty f tttat I Itm axambed Us application, Including the scoom anykfg schedules and statements, and in the Crest of my 1n vvd dps it Is into, Mirract and ownpleta. 1 Ifurther cartilydat 1 have read andamlemillarwtihTMe4of the Alaska statutes and its regulations, and that In accordance with AS O4.11.450, no person other titan the appA+ w*) or lowwo(s) has any direct or Indirect Irlerldal interest In the licensed business. I agree to provide all IMonnalkln required by to Aloohoilc Beverega Control Board In support of this application. If application Is for a Beverage Dispensary or Padufge store license, I certify that each apppliNcacent named on this application has resided in the state of Alaska for at looter are year prior to the date of the • and/or the applianttb a corporation registered and gIpllEad to do business kt the elate of AMlske for one yew prior tothlr dery of Napplication, or all of the shanii9olders have resided In the stato of Alaska Mllllee for at least onto year prior to the dab of appicatlon. MONATUPE OF 81ONATILME OF'TR S i /� SWacrbetl and ewom to before me MN 7 BWacrbd sew swan to before me this daymis deyot to f NOTARY PUBLIC IN AffD FOR ALASKA - NOTARY PUBLIC IN AND r•OR'AlABKA W corrrmbiwon erplree - My conrNellon ^ Form 04-M Pepe 2 (Rev. N/ee) — _ MARY C. KIRK N01'.RY PUBLIC, eTMa CI ALAWA '� C04M,BBCM OVeRe FEBRUARY 5, IOW "D-3 t Combined Meeting of the �.. Kenai Economic Development Commission and Kenai Harbor Commission February 22, 1990 City Hall Chambers PURPOSE: To Review the "Central Kenai Peninsula Commercial Fishing Study" by D. Douglas Coughenower 1. Roll Call: From the EDC: Barry Thomson, Vince O'Reilly, and Jim Elson From the Harbor Commission: Leon Quesnel and Ron Rainey Others in attendance were: Mayor Williams, Coucilman Walker, Keith Kornelis--Public Works Director, Jim Carter, E.D.D. 2. The meeting began at 7:30pm. Barry Thomson from the EDC chaired the meeting. He started by introducing Mr. Coughenower and giving a brief history of the study and how it began. 3. Mr. Coughenower distributed copies of the "Central Peninsula Commercial Fishing Study" and a "Special Summary for the City of Kenai". Particiular emphasis for this discussion would be the study as it pertains to the city of Kenai. Mr. Coughenower went over the Summary one section at a time and answered various questions about the data collected from those present. The goal of the study was to examine the economic impact of commercial fishing on the city of Kenai. It was requested and partially funded by the city of Kenai, the Economic Development Commission and the Harbor Commission The main sources of data were the Alaska Commercial Fisheries Entry Commission and two surveys conducted by Mr. Coughenower. One survey went to commerical fisherman in the study area and the other to local businesses who sell or service the commercial fishing industry. After the study had been reviewed, a general discussion followed. Mr. Coughenower answered questions about the study and the gross economic impact of commerical fishing on the city of Kenai. 4. Distribution: The next question asked was how to go about distributing the study. There are currently 500 copies of the study. One -hundred copies were brought to this meeting. The Sea Grant Program will be using their mailing list to distribute copies of the study, but no one was sure which agencies were on that list. Mr. Coughenower will find out and let the Commissions know who will be receiving copies of the study. Other suggestions for distribution were: the Kenai Library, the Kenai Peninsula Borough, local fishing Page Two Combined Meeting of the EDC and the Harbor Commission February 22, 1990 organizations, and state agencies. Copies of the study and the summary will be left at the City Clerks office and will be distributed over the next few weeks. 5. In closing, Commissioner O'Reilly and Commissioner Thomson thanked Mr. Coughenower for the study and for his throughness in preparing the information. The study will be useful for both the city, the local community and the commerical fishermen themselves. Commissioner Thomson thanked everyone for coming and encouraged them to remain after and ask any questions or make any comments to the Commisioners and/or Mr. Coughenower. The combined meeting was adjourned at 9:OOpm. Respectfully submitted, Patti Truesdell, Recording Secretary for the city of Kenai KENAI PARKS AND RECREATION COMMISSION MINUTES February 20, 1990 Kenai City Hall Chairman Richard Hultberg 1. ROLL CALL: The meeting was called to order at 7:00pm by Chairman Hultberg. Present were: Richard Hultberg, Jerry Carlson, Dale Sandahl, and Roger Seibert. Also present were: Director Kayo Mc Gillivray, Councilwoman O'Reilly, Ad Hoc; Gerry Sparks and Pat McComsey from the Beautification Committee. Excused: Ron Hansen, Cliff Massie and Catie Murphy 2. APPROVAL OF AGENDA: The agenda was approved without changes or amendments. 3. PERSONS SCHEDULED TO BE HEARD: None 4. MINUTES OF THE JANUARY 23, 1990 MEETING: Under Item B in "New Business", it was estimated that the amount could be cut back to $90,000 not $190,000 as stated. The minutes were approved with one correction by unanimous consent. 5. DIRECTOR'S REPORT: The Health Inspector came and inspected the Teen Center. The Teen Center scored 100%. Good news! The Fire Marshal also made an inspection last month and found a couple of areas of non-compliance. All have since been corrected. One of the chaperones of the Anchorage swim team that spent the night in the Teen Center sent a thank you note. Staff reports that the kids picked up after themselves and did not cause any extra work for the Teen Center staff. Director Mc Gillivray received a letter from the Alaska Greenhouse and Nursery Conference thanking him for speaking at their Conference. Kayo reported that he answered a lot of questions and received lots of good comments from those attending the conference. A lot of the comments were concerning the improvements made by the Beautification Committee and how nice the City was starting to look. 6. PARKS AND RECREATION BUDGET 1990-1991: The Commission reviewed the budget as proposed for Parks, Recreation and Beautification. Several changes and additions from the last meeting were included in the current proposed budget. The Recreation budget will include an increase of one part-time person, a Mac Intosh Computer and an exercise bike. The Parks budget will include the Page Two Parks and Recreation Meeting Minutes February 20, 1990 John Deer Tractor/Mower that was reviewed at the last meeting. Kayo will have the video available for the Council when they review the Parks budget. The Beautification Committee budget includes the money for two new City signs (not three as previously requested) and additional banners and maintenance. A general discussion concerning this year's budget followed. Action taken: A motion to accept the 1990-1991 budget as presented was made by Commissioner Jerry Carlson. Seconded by Commissioner Seibert. !Notion carried. It was also suggested that someone from this Commission be available to answer questions that the City Council may have concerning this year's budget. Commissioners will be kept informed of up -coming work. sessions on the budget. 7. ADJOURNMENT: The meeting was adjourned at 7:35pm. Respectfully submitted, Patti Truesdell, Recording Secretary for the City of Kenai qua J KE NA = PLANN = NG & 2 ON = NG COMM 2 S S = ON March 14, 1990 - 7:00 P.M. City Hall Council Chambers Phil Bryson, Chairman 1. ROLL CALL Present: Bryson, Bannock, Glick, Graveley, Harbaugh, Mccomsey Absent: None Also Present: Councilman Smalley, Janet Ruotsala, City Clerk 2. APPROVAL OF AGENDA Chairman Bryson asked to add Item 7-c (1): Vacation of Easement for Bookey/Wade in Old Towne and item 7-c should be 7-d. MOTION: Commissioner McComsey moved approval of the amended agenda, seconded by Commissioner Harbaugh k1#114A Motion passed by unanimous consent 3. PERSONS PRESENT SCHEDULED TO BE HEARD None 4. PUBLIC HEARINGS a. Resolution PZ90-03: Application for, River Guide Service at 2820 Watergate Way, VIP S/D - Helm Chairman Bryson called for Mr. Helm to explain the proposal prior to the public hearing. Mr. Helm: I have been here before this year for a bed & breakfast application. I discussed this with my wife. I thought somebody's going to be taking out these people out fishing that are going to be staying with us and I thought it would be a good opportunity for me to take them out fishing. It's not going to be anything full time because I'm not going to quit my job to go be a river guide. I did have one person call that was concerned about the issue. He was from California but I can't remember his name. He's a commercial fisherman and is going to be building a house this year. His question was regarding launching from my house, however, I'm probably going to be launching from Porters'. All I'm going to be doing is taking people back and forth to the river and he had no objection to that at all. KENAI PLANNING & ZONING COMMISSION March 14, 1990 Page 2 Chairman Bryson opened the issue to comments from the public, there were none. MOTION: Commissioner Bannock moved approval of PZ90-04, seconded by Commissioner McComsey Chairman Bryson asked if there had been any comments received, answer from City Clerk Ruotsala, no. Commissioner McComsey: I don't see that it's any more than a bed & breakfast like it was, basically, there's no place to launch from your house. Mr. Helm: My understanding is that in order for me to put boats there, I need ... Councilman Smalley: You weren't planning on having your clients go up and down the bank to and from your home, right? Mr. Helm: No. People don't even fish that part of the river. Chairman Bryson: You have no intent to enter into any agreement with any adjacent property owners for access to the river is that right? Answer no. Councilman Smalley: With other guiding services that you've dealt with on the river you've made allowances for ex number of clients and ex number of boats for storage on property at any one time. Are you going to address that? Commissioner McComsey: In past history how many boats and people have you held it to? Commissioner Bannock: It's been a self governing thing. We asked the person what he wants and what can you live with and that is what it is set at. Its more like a self imposed limit that we wrote into it. Commissioner McComsey asked how many boats he wanted. Mr. Helm answered that he had three boats there right now that are not all his. Realistically, he would purchase more boats to use for the business. Probably two boats. They're all under the car port so it looks good. Commissioner Bannock: Are you a guide? Mr. Helm: No. I couldn't pass the test. Commissioner Bannock: And with the numbers of boats situation are you planning on hiring somebody else to drive your boats. Mr. Helm: Not this year. I may have someone that will help me next year. Commissioner Bannock: Because that's where we can get into a situation with the kind of permit. That's what we have the opportunity it do. We could turn this into the biggest guide service on the Kenai River or we can make sure that it's a relatively low keyed service. Commissioner McComsey: That's how you plan on running it so you wouldn't mind if we did say two boats and how many people would you guide, just the people staying at the bed & breakfast. Mr. Helm: Well, who ever wants to go fishing I would take, you know. I'd fill a boat. Commissioner Bannock: The state would put a regulation on the number of people per boat I imagine. Councilman Smalley: Three. Mr. Helm: No, its not the state that regulates it, but the Coast Guard. I think its called a six pack license. Its six people plus yourself and one deck hand. Councilman KENAI PLANNING & ZONING COMMISSION 4 March 14, 1990 Page 3 Smalley: I think the river guides are limited to three or four in a powered boat on the river. Mr. Helm: No. Commissioner Glick: Down on Beaver Creek we've limited the number of boats to three as I recall. Mr. Helm: That's fine with me. That's not a big issue. Commissioner McComsey: I'd say that in the past if they've had a three boat limit then that's probably good here also. And you would be happy with three. Mr. Helm: Yes, that's fine. If I buy one more boat I'm going to have four boats there. Two of them are going to be used for guiding. Would that be guide boats that you're talking about. Commissioner McComsey: But the other boats are not your personal boats .... Mr. Helm: One of them is my personal boat and I'm going to keep that my personal boat. I can't take that guide boat out and fish in it for personal use. MOTION AMENDMENT: Commissioner McComsey moved to amend the resolution to read "not more than three guide boats, seconded by Commissioner Glick VOTE AMENDMENT: Motion passed by Unanimous Consent MOTION AMENDMENT: Commissioner Bannock moved that since Mr. Helm does not have a guide license at this point, that this permit does not become effective until he has the correct permit for the guide situation, seconded by Commissioner McComsey VOTE AMENDMENT: Motion passed by Unanimous Consent Councilman Smalley: If and when Mr. Helms gets his permit so he could fish, if he were to have two boats and have another guide work with them would he have to come back and get an amendment to his conditional use permit? Commissioner McComsey: That person would have to have a license too or he couldn't fish. Mr. Helm: All that's regulated by the Coast Guard all ready. Councilman Smalley: I'm not talking about the Coast Guard license, but for another guide to operate out of his facility. The way this amendment reads it is suggesting that only Mr. Helms could do it once he gets his license? Chairman Bryson: I didn't interpret that out of the motion. The resolution itself makes reference to the guide service. Councilman Smalley: I understand but I thought it was on hold until Mr. Helms got his license. Commissioner Bannock: Mr. Helms is running the guide service. Its entirely possible that we could give him a permit to operate a guide service without having a permit to be a guide. So I want him to have his guide license before the City of Kenai is going to let him have a guide service. Now we've already limited him to three boats so the most he could hire is two other guides. Councilman Smalley: I wanted to make sure he wouldn't have to come back if he hired another guide. Commissioner Bannock: No, because the service has been approved for three boats. Mr. Helms: What would happen if I get my guide license and all of a sudden I decide that I don't want to do this and I still have someone else doing KENAI PLANNING & ZONING COMMISSION i March 14, 1990 Page 4 some guiding. Commissioner Bannock: You could still have the service, you don't have to be the guide and that might be another part. Chairman Bryson: Again, I would go back to the resolution itself that the guide service would go with the property. Commissioner McComsey: That's what he's asking for, that he has to get his license before ... Chairman Bryson: The condition right now is that you would need to get a guide license before you could hire any one but you wouldn't have to be an active guide. Mr. Helms: Why would I have to have a guide license to have someone working for me. Commissioner Bannock: Because that's what you're asking for. Mr. Helms: Is what. Commissioner Bannock: You're asking for you to become a guide, that's what this says. That you want to be your own guide service. That's what I'm reading from this. Mr. Helms: I do. Commissioner Bannock: In order for me to feel comfortable with you being your own guide service, there's two things that have to happen, number one you have to get a permit to become a guide service and number two you have to get another license to become a guide. We'll go half way and when you go the other half we'll go the whole thing. Mr. Helm: Let me ask you this, say I don't get through this test. Commissioner Bannock: Then I wouldn't feel comfortable in giving you a guide service based on the way this application is written. Because this application is stating that you want to be a guide. Commissioner McComsey: A guide service and a bed & breakfast. Mr. Helms: Read it if you would. Commissioner McComsey did so. Chairman Bryson: Would you like some time beyond tonight to review this. Mr. Helms: No, I think you guys are reading too much into it here. I don't have to have a guide license to have someone working for me as a guide. Commissioner Bannock: That is entirely correct. But that's not what you're asking for here. Mr. Helms: It says I want to have a guide service. Commissioner Bannock: It says that you want to be the guide service. Mr. Helms: Read it again. Commissioner Bannock did so. You told me you want to be the guide. Mr. Helms: I do. Commissioner Bannock: Okay. Mr. Helms: But if I don't get through it that doesn't mean that I just want to let everybody go down the ..... I still want a guide service. I think you've put some stipulations in there that the state doesn't put in there nor does anyone else. Commissioner Bannock: That's right. Mr. Helms: You know, its like a car dealership. You don't have to be an expert on cars to own a car dealership. Commissioner Bannock: However, in the past since I've been here, every one of the guide services that we've given out, whether they be as broad ranging as a booking service or any of the other ones we have done, were all in response to that particular applicant wanting to be in charge. Now if you want to just be the owner of the business and basically not the operator, that's different. I want to make sure that you have your guide permit before we put our names on telling you that you can have this. Now if you're going to tell me that you're not interested in being your own guide, then I'll withdraw the amendment. Mr. Helms: I think that you're putting controlling factors on there on things that don't have to be in there. I've spent $600 on materials to study for this test and take Saturdays to study, you know, and its not like I'm planning on flunking this test, but it might. KENAI PLANNING & ZONING COMMISSION -' March 14, 1990 Page 5 Chairman Bryson: I interpret this as a land use that's being granted under a conditional use, and they're interpretation is not. But if we're evaluating this then we might have to get attorney comments on conditional use permits in general. But if it is a land use, conditions can be attached to it, so in that sense, that sort of statement could be adopted. Commissioner Glick: Do you understand why if we don't put some sort of stipulation on it and it goes wild and then you come back and complain about something that goes wrong? Mr. Helms: No. Chairman Bryson: I think the one area that potentially becomes a problem is that this is something that the City would be agreeing with in a residential area and they want to minimize the potential impact on the neighbors as opposed to a commercial area. Mr. Helms: I think we've minimized the impact with the bed & breakfast already. Commissioner Graveley: Right now you've got approval for three businesses and one residence. And with your guide service you're going to have four businesses. Mr. Helms: What's the three businesses. Commissioner Gravely: You have a bed & breakfast, you're Xerox business, and the apartments. Now you're going for four businesses in one unit. And I'm starting to have a problem with that because we're compounding what the home occupation and permit rules are about. I don't think the rules were set up to address this many. Mr. Helms: What type of an impact do you think my Xerox business has. How many people here have Xerox machines. Has anybody ever been over to the business at my house? Its basically a computer, a telephone, a copy machine. There's already cars going in and out from people living there. Commissioner Graveley: I understand and I can almost sympathize where you're coming from. But I'm looking at it from a neighbor standpoint and from the letter we received. (Mr. Helms is speaking over Commissioner Graveley) I've talked over my neighbors. Now I haven't heard any complaints. Chairman Bryson: There is a letter from a Mr. Lanier who is an attorney. Mr. Helms: What's his concern. (Mr. Helms read the letter given him by Chairman Bryson.) Chairman Bryson: His negative comments regard a business being inconsistent with the residential purposes of the subdivision and secondly invites a use of adjacent lots which are not desirable. Commissioner Bannock: My amendment came not from that situation because the four different businesses don't bother me. Like he said the Xerox business is small. The apartment complex is never going to generate any more business than it is now. But the reason I put the amendment on there is by having one person in charge of all these four businesses, I don't care if he gets four million businesses going there, but he is accountable for them. We're not tying the guide service into the bed & breakfast. You could run these two separately and you could advertise to any where in the world and you could turn it into a business bigger than any body else. A lot of people who own businesses don't have anything to do with the day to day operation of them. I think that's scary in this situation. I like the idea that you are in charge of the operation and you are the guide. Just like you are Xerox. You don't have a fleet of employees working for you. You are the bed & breakfast man. If there is a problem with the apartment complex they are going to come to you or your wife. KENAI PLANNING & ZONING COMMISSION -' March_14, 1990 Page 6 If they have a problem with the guide service they are going to come to you. The City is posing a situation with the four business, and personally, I don't have a problem with that but I want you to be the main man. I don't want this to be some generic guide service that you're going to own and operate out of your home. If you chose to do that I would suggest that you move it away from your home, put up a guide business on the Kenai River and advertise it as a business. I think my colleagues will tell you that I'm the last one to impose restrictions, especially on growth, and I think this is a pretty conservative view because we're getting just a little bit out of control with four separate businesses. Mr. Helms: I can live with that. Commissioner Gravely: I think that's the point I was trying to make, is that if you keep it to yourself, that's one thing. But when you start hiring a bunch of guides, then you lose control. VOTE MAIN MOTION: Motion passed unanimously by roll call vote 5. APPROVAL OF MINUTES of February 14, 1990 No Quorum - February 28, 1990 Meeting Commissioner Bannock asked that his name be correct from Duanne to Duane. MOTION: Commissioner McComsey moved for approval of the minutes as amended, seconded by Commissioner Bannock 061" Motion passed by unanimous consent 6. OLD BUSINESS None 7. NEW BUSINESS a. Lease Application: Lots 5 & 6, Block 1, FBO S/D - Wolverine Leasing Chairman Bryson introduced Mr. Wally Page to speak for the application. Mr. Page: I own Kenai Steel Structures. We build metal buildings and have been doing so for approximately ten years in Kenai and surrounding vicinity. I'm here to answer questions on the structure. Basically, its a 70' x 70' x 20' airplane hangar for light maintenance to be used by Wolverine Leasing. It will be a certified structure on footings, building, and structure. MOTION: Commissioner McComsey moved approval of the lease application as described, seconded by Commissioner Glick Chairman Bryson: Are you proposing doing any drainage routing? Mr. Page: We will drain to the edge of the lot sides and keep off the runway. The KENAI PLANNING & ZONING COMMISSION March 14, 1990 Page 7 natural drainage is already in place. Chairman Bryson: This is compatible with what your neighbors are doing? Mr. Page: Yes. Chairman Bryson: These lots 5 & 6 are adjacent to the lots that we reviewed for lease at the last meeting? Answer yes. Commissioner Graveley: If I have the location right, the buildings that are sketched on the map that are not marked between lots 7 & 8, is that the existing Federal Express building? Answer yes. Commissioner Graveley: Do the lots that you're looking at have any trees? Answer no. Commissioner Harbaugh: I don't see a time for length of lease. Administrative Assistant Howard answered that the FAA requires no longer than 30 years so it would be restricted to that length of time. Commissioner Graveley: Do the applicants have to have a landscaping plan? Chairman Bryson: Do you mean the one for building permit purposes? I'm not familiar with whether they are or not. Commissioner McComsey: I do see it has some lawn on there, maybe they could put a little tree on it. Commissioner Graveley: I bring that up because there's nothing worse than having you get half your construction done and then having the City come back and ask why something else isn't done. Mr. Page: I agree, and we do intend to make it look good. We plan on putting a couple trees out front and put in some plants, the girls will take care of some flowers. Commissioner McComsey: It doesn't show a height on here but I think the FAA limits that don't they? Mr. Page: It will have 20' side walls on it. Chairman Bryson: In looking at the checklist for the site plan there are a number of items that are checked there, the setback, drainage plan, etc. Have you addressed that on another sheet? Mr. Page: I'm not familiar with that form. Mr. Tom Thibodeau: I'm involved in the business. Mr. Page is building the building and I am one of the partners in the business end. I don't know if any of you have seen the facility we are using now off Island Lake, Alaska West Air, I think you would know its a beautiful site. Its all landscaped with a view and that's the approach we've taken on anything that we do. Judging from what's out there now, I think you'll find that our building will be real compatible with what you have out there in terms of what the City has done and certainly nicer than some of the existing structures and landscaping that's out there now. Regarding the existing buildings, there are no existing buildings on that lot. The proposed building is as described by Mr. Page with a future proposal for an office lean-to on the side. The building is going to be similar to the Southcentral building. It is a Wedgecorp building and will be similar in size and color. Regarding the parking facilities, while I didn't number the parking spaces, we've left approximately 70' from the end of the North Willow Street easement for parking. We will have a loop design. There will not be a great demand for parking as it will be primarily a maintenance facility for the aircraft we have now and traffic will be heaviest from the runway. Eventually, as we get the office space we'll have more parking, but that is in the future. KENAI PLANNING & ZONING COMMISSION March 14, 1990 Page 8 Regarding the drainage and removal, we've yet to see what we have to remove. We will have to remove the top soil and the trees have already been removed some time ago. Next door at Federal Express, they brought it down to the level of the sand. The property is considerably higher than their building next door. We plan to build a ramp, taxiway, and parking area for aircraft on the side there. We will have to bring that down to the same level as the adjacent lot and will overlay gravel for aircraft. We would like to use top soil for the aircraft parking area to plant grass and leave that area grassy rather than gravel, it makes a better surface to keep the dust down and is better looking. At some point we are looking at paving the area for parking aircraft other than those parked for maintenance. The landscaping plan is going to be primarily as we described. We are going to plant grass around the parking loop, some type of flower area across the front and near the hangar. Our facility now at Island Lake is beautiful. The building setbacks will be addressed per the code. It will be 70' from the roadway, 40' from the side adjacent to lot 5. Entrances and exits will be as described with a large hangar door facing the taxiway side. Regarding signs, we are working on that, it will probably be mounted on the building and the size has not been determined, however, it will be an attractive, professional sign similar to the one we now have out at Island Lake. We have shown where our fences will be with the access points, the same with the curb cuts. Our building will be compatible with the form 7461. It is in the process of being reviewed by the FAA and they said it shouldn't take more than 60 days. Commissioner Glick: Are you going to fuel aircraft there or take them somewhere else. Mr. Thibodeau: No, we are not going to be fueling aircraft as we see it right now. We've got fuel available right next door and that's a business we're not into. Commissioner McComsey: It says you will be building in two years but it sounds like you're ready to go right now. Mr. Thibodeau: The building will be up this summer if everything is approved. VOTE: Motion passed unanimously by roll call vote 7-b. Consent to Assignment of Lease for Security Purpose, Lot 4, Blk 5, General Aviation Apron Chairman Bryson: This is property presently leased by Rick Baldwin, formerly the marine supply building. Administrative Assistant Howard: This lease is pretty specific in that it must be reviewed by the Planning Commission so we brought it to you and it will then go on to the Council on Wednesday night. The attorney has reviewed it and had no problem with it except that in an assignment of lease for security purposes, the recordation date is listed as June 29th and it is actually June 30th. I spoke to Henry Penny about that and it will be corrected. KENAI PLANNING & ZONING COMMISSION March 14, 1990 Page 9 Commissioner Bannock: I'm confused on what we're doing here. How do we come in to play specifically. Chairman Bryson: There is a requirement that any reassignment of the lease needs to be approved by the Planning Commission. Commissioner Bannock: Didn't we do that last month? Administrative Assistant toward: Last month was a sublease for a part of the building to the Times. And this is for security purposes. MOTION: Commissioner Glick moved that we approve the assignment of lease for security purposes for lot 4, block 5, GAA, seconded by Commissioner Graveley VOTE: Motion passed unanimously by roll call vote C. Home Occupation: Change of Location for Christian Videos - Jim & CarolFraser Chairman Bryson introduced the item and Mrs. Fraser came forward to answer questions. Mrs. Carol Fraser: We moved to 308 N. Forest Drive and it is still going to be little. I don't have any plans for a big place. The driveway's pretty big, it will accommodate two or three cars at a time. MOTION: Commissioner Bannock moved to grant a home occupation permit for the change of location for Christian Video Rentals, seconded by Commissioner McComsey U6114M Mrs. Fraser: The house sits back from the street and it is behind trees, can I hang a little sign on the tree so people can see it. Building Official Hackney: Its okay as long as you don't damage the tree. It also must be on the lot the house sits on. Commissioner Graveley: Is there a size limit? Commissioner Bannock read from the home occupation portion of the code and the Commission determined that the sign must be attached to the building. Motion passed unanimously by roll call vote Commission recessed for five minutes. NOTE: New Item Added 7-d. Vacation of 66' Section Line Easement: Lots 4 & 4, Blk 3, Kenai Original Townsite-Bookey/Wade Chairman Bryson read the Kenai Peninsula Borough public hearing notice for the record. The item will appear before the Borough on April 2nd. Commissioner McComsey asked if this were the location for the proposed Bicentennial building. Chairman Bryson: I believe this is the ROW that runs immediately in front of Bookey's restaurant. KENAI PLANNING & ZONING COMMISSION a March 14, 1990 Page 10 Commissioner McComsey: Is he in turn going to give up his ROW at the Chamber office so that we can have access to the Chamber office. Chairman Bryson: It appears to me that it would be blocked off from the small scale sketch because I haven't gotten my Borough packet yet and I haven't seen the drawings. It might be something we could request staff to evaluate. Commissioner McComsey: I'm sure the Bicentennial people should know about it. Chairman Bryson: I'm not sure who's seen it, it came after the packet was out. There have been no public hearings on it. Commissioner McComsey: It seems to me that he owns a little parcel in front of the Chamber office and if this is done away with then there would be no way to get across his property to the Chamber office. Now I know he's letting them drive across it now and not say anything but it could become a problem. Chairman Bryson: I believe we have enough time so we could take this up at our next meeting. In the mean time we could get comments from the Bicentennial and the City Engineer. Commissioner Graveley: I would like to see a more detailed drawing. Commissioner McComsey: The only reason I know about it is because when we were doing the siting for Old Town when I was on the City Council, this was discussed. Chairman Bryson: I would imagine there is another drawing of this that exists at a larger scale. MOTION: Commissioner McComsey moved for approval, seconded by Commissioner Harbaugh MOTION: Commissioner McComsey moved to postpone to the next meeting and ask the City Engineer and definitely the Bicentennial people take a look at how it will affect their property, seconded by Commissioner Harbaugh 1 0114* Motion passed by unanimous consent e. Review Borough Comp Plan Chairman Bryson: Since the Planning Secretary is not here it is difficult to review. This item Will hold to the next meeting. e. Discussion: Amendments to KMC 14.20.145 - New Recreation Zone Chairman Bryson indicated the memo from the attorney and called for comments or questions. The Commission agreed to hold to the next meeting. 8. PLANNING a. Request by Council for Joint Work Session on Landfill Issue Chairman Bryson read the notice. Councilman Smalley: You are all aware of the problem with the landfill, the fact that very soon it will be closed because there is no more room at the inn. In the Borough and City's contact with each other we first received word that the City of Kenai would have the landfill closed and we could either take our garbage out to KENAI PLANNING & ZONING COMMISSION March 14, 1990 Page 11 Nikiski or we could haul it to the Soldotna landfill or we could hire Peninsula Sanitation or the other agency to pick up garbage at our homes. The City and the Borough talked and then there was a discussion as to making a pick up facility at the present landfill site where residents could take garbage, dump it: for free, and then it would be hauled over to the Soldotna landfill. Mr. Nash had indicated that he was going to introduce a bill, 90-19, requesting a free non-commercial public use solid waste disposal facility. To do this there would have to be a rezone of that area. And what the Borough wanted was to rezone 45 of the 94 acres and establish a receiving facility. I think the Borough was not thinking of a free disposal facility because 90-19 was not introduced, 90-11 substitute was introduced which did not speak to it being a free facility. What they want to do is allow Mr. Carver to set up a receiving facility in which he would charge residents to dump. The City became quite concerned about that because we would be paying for it at least twice. The first time through Borough taxes, and the second time for being able to dump here and no other entity on the Peninsula does this. Seward does charge a monthly garbage fee and I think that money goes into their general fund and has nothing to do with the Borough. The Council felt uncomfortable that the City residents would have to pay twice when no one else had to, Borough -wide. There was a request for a rezone but I think it was postponed. Chairman Bryson: It came before us as an addition to the agenda and it was a request to recommend to the Assembly to pursue a request for five acres situated at the dump site. Councilman Smalley: It was for five acres and now they are talking about 45 of the 94 as a receiving area. It got postponed by Assemblywoman Glick and she is working hard on this 90-19 situation and probably will be at that meeting on March 21st. It behooves this body and interested persons in the City to attend that meeting. Right now it has been postponed at the Borough level and they are waiting to see what the City will develop. The City Administration has been advised by Council to look into the matter and open up dialogue with the Borough regarding free, non-commercial dumpsite. Commissioner Bannock: When you say free non-commercial are you saying the Borough's going to be picking up the tab? Councilman Smalley: We don't care who picks it up. Commissioner Glick: But the City in turn would allow them to use the land. Chairman Bryson: The request is for the rezoning, the control that the City has for the proposal. The property belongs to the Borough. Councilman Smalley: The property is Borough but because of the zoning they cannot do that out there. It would have to be rezoned and as Mr. Bryson pointed out that is the part of control that the City has. Commissioner Bannock: So if that was to happen, to the average consumer who is used to taking his trash to the dump on Redoubt for years, nothing would really change. He would take his trash there and the Borough, one way or another take care of it. Councilman Smalley: Correct. As the City is requesting a free dump site. Commissioner Bannock: They would be dumping in the bin things instead of down the road. KENAI PLANNING & ZONING COMMISSION March 14, 1990 Page 12 Councilman Smalley: Eventually, they talked about setting up a bailing system similar to ... that's why they're looking at the 45 acre parcel versus the five. The bailing system is similar to what Seward just past. But it's a big problem Borough -wide, not just the City of Kenai. The Borough really needs to take a real hard look at this. I know I don't object to having to pay to dump garbage as long as everybody else has to. Everywhere else where garbage is dumped you pay for it. This is a service that has been granted to us because of our Borough taxes, basically. But as a Councilman I feel that I would be more than glad to pay again once everybody else has to. I don't feel its right for the residents of the City to pay double and no body else. Commissioner McComsey: That's right, eventually, we're going to have to pay for the simple reason of the cost to get rid of it. I'm of the same thoughts as you, just because Seward pays, that's their own funds. Chairman Bryson: As it came before the Borough a meeting or two ago, it was proposed as a five acre, privately operated operation. There's more than one person operating with a license down here. After the meeting my concern was we shouldn't be creating a special situation for someone just because they are capable of tying up land in that regard. Commissioner McComsey: I think the one person that picks up trash can only do so commercially and cannot go into residential areas, they're trying to get that changed also at the Borough level due to PUC. Commissioner Bannock: That's not true. Commissioner Harbaugh: Doesn't he have those small canisters he picks up. Commissioner Bannock: He can go into residential area, however, he is limited. Its not just residential. Commissioner McComsey: He's limited then. Commissioner Bannock: Its not between just residential or just commercial. That's not true. Chairman Bryson: Then the concern is going to be allowing him access to .... whether its two or three or four .... Commissioner McComsey: In other words, the PUC is regulating it and for some reason or another he can't go everywhere. Chairman Bryson: I would think the Borough could, if it was semi Borough controlled they could, and if it were approved by the City, they could set up an area of land that's available in some mechanism to be used by more than one person. Commissioner Harbaugh: Or let the Borough bid that facility out. Councilman Smalley: You have 90-23 which was actually introduced by Mrs. Glick and Mr. Brown but I don't think it went any where if memory serves me right. This one basically covers the situation with the free site facility for the City of Kenai. 9. REPORTS a. City Council Councilman Smalley reported that: 1) the Dairy Queen opens on March 16th, 2) the airport bar is open and it is very attractive, 3) the restaurant is soon to open, 4) the Peninsula Oilers requested being exempt to assessment on road improvements, however, this has not been resolved. KENAI PLANNING & ZONING COMMISSION ' March 14, 1990 Page 13 b. Borough Planning Chairman Bryson reported on: 1) the discussion of the closed transfer site, 2) proposed ordinance requiring dedication of roadways to remote parcels within the Borough, 3) there were no plats to review which is a new low point. C. City Administration None 10. PERSONS PRESENT NOT SCHEDULED TO BE HEARD None 11. INFORMATION ITEMS a. City Council Agenda - March 7, 1990 b. Borough Planning Agenda - March 12, 1990 C. City Council Ordinance 1355-90 - Application to Make Amendments to Land Use Plan d. APA Planning Magazine for January and February No comments or questions 12. COMMISSION COMMENTS & QUESTIONS None 13. ADJOURNMENT There being no further business, the meeting was adjourned at 8:30 P.M. Janet A. Sumey Planning Specialist (Transcribed from tape) KE NA = B EAU T S F = CAT = ON COMM I T TE E March 6, 1990 Kenai City Hall Council Chambers Gerry Sparks, Chair 1. ROLL CALL Present: McComsey, Selby, Sheldon, Sparks Absent: Hakkinen, Jackson, Nisniewski (excused) 2. PERSONS PRESENT SCHEDULED TO BE HEARD a. Fred Braun - Kenai Bicentennial Visitors & Convention Bureau The Committee and Mr. Braun discussed locations for proposed signs: Chumley, Cook, Schirmers, Lancaster, Fay, and Big John's. Chumley's property was unquestionably too far; Cooks is at mile 76, however is cluttered; Schirmers turned out to be unavailable; Lancaster suggested the Davis or Fay property at mile 89, both are heavily tree covered. The Committee and Mr. Braun felt that the best location would be the lot for Big John's. It is open, flat, along a fairly quite stretch and vehicles coming in to use the facility would have the sign for a suggestion. There was still no specific location for the Kasilof sign as terrain plays a large part. Ideally, a portion of the Right-of-way on the west side of the road is the bust position, however, there may be problems with DOT. The Mayor had suggested $3,000 per sign and the Committee and Mr. Braun discussed some ideas. For the price, a painted sign would offer more information. It was agreed that the two persons in the area would be contacted to give estimates on signs, Scott Kodez and Guf Sherman. MOTION: Committee Member McComsey moved to request Mr. Braun pursue the acquisition of a portion of the Big John.'s property and to contact Mr. Sherman and Mr. Kodez regarding attending the next meeting, April 3, 1990, seconded by Committee Member Sheldon VOTE: Motion passed unanimously It was agreed that the Beautification Committee and the Bicentennial group through Mr. Braun would work closely together in producing the signs at the locations best suited to the City of Kenai. 3. APPROVAL OF AGENDA Agenda was approved as submitted KENAI BEAUTIFICATION COMMITTEE March 6, 1990 Page 2 4. APPROVAL OF THE MINUTES OF February 13, 1990 MOTION: Committee Member McComsey moved approval of the minutes as corrected, seconded by Committee Member Selby VOTE: Motion passed unanimously 5. OLD BUSINESS a. Flag Pole Prices Chairwoman Sparks presented her research on prices for the flag poles. There appeared to be a couple businesses locally who would make flag poles, but required blueprints. Committee Member McComsey produced an estimate from Lukes Welding which would place the price from roughly $800 up to $1,000 for 30' poles. Chairwoman Sparks stated that in talks with the Public Works Director he had indicated that the flags and poles would need to be lighted. Director McGillivray stated that there is power in the Triangle Park currently and shouldn't be a problem, however, an estimate of cost should be added to the budget. It should also be noted that several of the flag poles around Kenai are actually old light poles. The Committee agreed to further research the matter and return for discussion at the next meeting. b. Welcome to Kenai Sign (Oil Capital of Alaska) This is the old sign that had the area services organizations on it. The idea was to use one of the old signs to place on the Sterling Highway and save some money. However, research has disclosed that the sign did not belong to the City and there is no information available as to where the sign was taken when it was removed. 6. NEW BUSINESS a. Thank You Letter to Wildwood This was done some time ago. No further discussion necessary. b. Clearing of Lawton Strip from Rogers Rd. to High School This strip is state owned land and it had been decided some time ago, not to approach the state on clearing of their property. No further discussion. C. Cleaning Up Old Towne This has been an on -going discussion item for several years. Without property ordinances in place, the Committee and, indeed the City is KENAI BEAUTIFICATION COMMITTEE March 6, 1990 Page 3 powerless to enforce any kind of cleanup on anything not city owned. The subject was brought up again by a member of the Bicentennial group. There are several properties that are in critical need of attention. Director McGillivray explained that several of those properties are owned by out of town persons and are hard to contact. Secretary Sumey explained that there are ordinances on the books which deal with specifics such as garbage and abandoned vehicles but not other items. The Committee agreed that since this is an on -going problem that is not going to get better or go away soon, and with the Bicentennial celebration advancing quickly, that the Committee and the Parks &Recreation omission combine to request Council consider the problem and suggest enabling legislation which would find a news to have either an individual property owner clean up and keep property in good order or a means for the City to do so and perhaps offer a charge or service. MOTION: Committee Member McComsey moved to bring the proposal before the Parks & Recreation Commission and any suggestions be offered to the Council, seconded by Committee Member Selby VOTE: Motion passed unanimously The Committee further discussed other means of addressing the problem. Director McGillivray suggested requesting permission from Council to correspond with individual property owners requesting voluntary clean up of their property. Committee Member Sheldon agreed, stating that a similar program was done during the beginning years of the Committee with local businesses with no negative results. The letter was not negative in nature and seemed to bring good responses. MOTION: Ccmmittee Member McComsey moved to request permission from Council to correspond with individual property owners in Old Towne requesting voluntary clean up of their property, seconded by Committee Member Sheldon VOTE: Motion passed unanimously d. City Logo Chairwoman Sparks had been approached about the new Welcome to Kenai sign and why it did not resemble the Bicentennial logo. Secretary Sumey answered that Guf Sherman had switched the emblem and wording around in order to produce a better sign and still retain the basic logo and the same shape. Both the Committee and Council had agreed on the design. 7. COMMITTEE COMMENTS & QUEST:IONS a. Annette Saling had asked if more playground equipment could be placed at the park near the airport and ball fields plus a bathroom. The Soldotna park had about as much use and quite a bit more equipment. Director KENAI BEAUTIFICATION COMMITTEE March 6, 1990 Page 4 McGillivray answered that there had not been any new equipment added to parks as there were so many little parks around Kenai. Merry-go-rounds are a bad liability problem, however, the other equipment could be considered. During the summer months, as high as 50 children use the sight on a regular basis. It is proving to be one of the most popular locations. Director McGillivray stated that discussions have been going on regarding a possible picnic shelter and other amenities at the location. This will again be discussed at the newt meeting. 8. ADJOURNMENT There being no further business, the meeting was adjourned. Janet A. Sumey Recording Secretary ♦,t� 0R' UNIVERSITY OF ALASKA ANCHORAGE 3211 Providence Drive Anchorage, Alaska 99508 COLLEGE OF CAREER AND VOCATIONAL EDUCATION March 15, 1990 Mr. Kevin M. Walker 210 Fidalgo Kenai, Alaska 99611 Dear Mr. Walker, Attached is the initial draft proposal for the Cold Water Survival Training Facility. You will note some blanks in the draft. I will send you copies of the final version when I get the information. In the meantime, please review this version for its accuracy in representing the consensus reached at our February 26 meeting. If you have corrections or added suggestions, please send them to me or call me at 786-4661 by Friday, March 23, 1990. Thanks again for your time and support. Sincerely, ar x A oc ate Dean A DIVISION OF THE UNIVERSITY OF ALASKA STATEWIDE SYSTEM OF HIGHER EDUCATION March 12, 1990 UNIVERSITY OF ALASKA ANCHORAGE COLD WATER SURVIVAL TRAILING FACILITY Project Proposal 1. Concept The proposed facility is to provide water survival training for various users and be located where there will be the most access at the least user cost with certain ancillary services in the immediate vicinity. , The training and familiarization to be conducted includes basic water safety, underwater egress, use of personal survival equipment, raft boarding, wave action survival, helicopter rescue, diver training, team effort, etc. The facility will serve a broad cross-section of agencies or individuals conducting water/over-water activities in and around the State of Alaska. These activities include off -shore commerce (fishing, resource extraction, shipping), federal and state military operations, tourism, rescue operations and other federal/state agency interests. 2. Justification One of Alaska's chief resources is its water. The growth of water related or dependent activity over the past 30 years is evidence of ,.the local, national and international recognition of the magnitude and strategic economic importance of Alaska's water as a national resource. Concomitant to the % increase of activity, people are exposed to the risks associated with water gi,= the hazards attending frigid water temperatures. In the past years there has been a % increase in the rate of water -related injuries and deaths. Many of these casualties could have been prevented had the persons had the advantage of water survival training. There are water survival training facilities in the United States, but none located in northern regions. Most of these belong to U.S. military services. Few, if any, are available to private as well as public users and none are equipped to familiarize clients with the hazards of cold water. 3. Scope The facility requires the following features: a. Water Training Lab I. Large pool of 80-90 degree water for extended exposure and training. b. Water Training Lab II. Small pool of 50-55 degree water for cold water research and familiarization training. Time of effective functioning in frigid water is reduced to seconds underwater and a few minutes on the surface. This water will demonstrate the effects of exposure to cold temperatures, reinforce the training received and provide for the development and testing of equipment and survival techniques. C. Underwater Egress Trainer. (See attached drawing.) Hydraulically controlled and operated with a capacity of 6-7 persons and capable of 180 degree rotation about the horizontal axis and +/- 30 degrees about the lateral axis. d. NgyA Notion Generator. Waves of 12-18 inches are sufficient to dononstrata flotation and survival techniques in unstable water. e. Cj&,§srgM. Class sizes as large as 100 are expected. Three classrooms will accommodate student loads using alternating scheduling with the water labs. f. S&aff, Administrative and operational support space for eight positions are required for this facility. The operational positions are to be multi -skilled and cross -trained. Skills considered essential to the effective use of this facility are emergency med/trauma, underwater diving, teaching, life support, and leadership. Staffing is as follows: 1 Maintenance/Custodian 1 Administratd:rr/Instructor 1 secretary/Admin Assistant 2 Classroom/Water Instructor 1 Classroom Water Instructor/Life Support Tech/Diver 2 Classroom/Water Instructor/Diver g. Equj=gnt StoXagaZPryingo Rinse, dry, store, repair and maintain equipment used in water instruction. h. §Mppprt gpace.. Locker rooms, showers, lavatories, entrance/r6ception/lounge, and custodial/maintenance areas are included in this category. i. SReciel Features. 1) Helicopter Rescue. A hoist designed and mounted with the Underwater Egress Trainer will perform simulated helicopter rescues using various devices. 2) Audio -Visual. A building intercom system and a direct -line interconnection to the nearest emergency response unit will assure internal and external response capability. A video recording unit for underwater egress operations will provide an excellent training record for preview and review of student performance. 3) Engineered Air Supply. An air supply for divers monitoring underwater egress operations and for underwater rescue is a necessity. 4. Capacities. Capacities and sizes have been predicated upon the following: a. Underwater Egress Trainer: 6-7 passengers b. Class Size (maximum): 100 students c. Operational Staff: 7 d. Building Maintenance/custodial: 1 e. Annual Student Load: 1000-1350 S. other Considerations a. The facility will not require specialized emergency or rescue equipment. However, having emergency response units nearby is critical to the operation of this facility as noted in 6.c., below. b. The maintenance of water temperatures will take advantage of the natural temperature range of 40-50 degree supply water. co to facility will require a minimum amount of generic equipment for students from small operators/agencies. it is assumed that large operators/agencies (oil companies,military units, etc) will supp1 their own equipment, but will leave such equipment at the fac l ty for storage and re -use. 6. Location This facility is to be located in Alaska. This community possesses all the required services to make this an effective service facility for Alaska as well as a national resource. The criteria by which this community was selected include: a. Reliable air access with connecting ground access of less than two hours as a preference to secondary air access. b. Food and lodging accommodations at reasonable cost. c. Nearby medical/rescue facilities. 1) Emergency response (paramedic, fire department, etc) 2) Hospital/emergency room with persons qualified in treating diving embolisms. 3) Hypobaric chamber for the rescue and recovery of persons suffering from compression illnesses. 7. Supporting Programs (The committee did not identify any programs with which there might be a mutually supporting relationship. Gary Cox is doing some further inquiry into that question as there are a couple of other research programs in human performance and high latitude research which should be considered before discounting this topic.) a. general Specifications/Description (Awaiting FP&C input) 9. Project Budget (Awaiting FP&C input) PAY?TENTS OVER $1,000 WHICH NEED COUNCIL APPROVAL OR RATIFICATION COUNCIL MEETING OF: MLARCH 21, 1990 FOR RATIFICATION: *ttt*ttt#ttt***tt*Stt**t**tt*###x##****!!x!t******#******tt*t*#t*t!t#*t##*#t*****t#t*ttt#*tt#t#tt*t##*t*#!tt*x4##*!tx#x###t##tt*t*##*ttttx*#tt*#ttt!#!!t VENDOR DESCRIPTION DEPARTMENT ACCOUNT AMOUNT MISC. DOYLE'S FUEL PERS ENSTAR NATURAL GAS HOMER ELECTRIC SECURITY PACIFIC BANK FUEL FEB. PERS W/H NATURAL GAS USAGE ELECTRICITY USAGE DEBT SERVICE PAYMENT SHOP VARIOUS VARIOUS VARIOUS 1984/86 DEBT SERVICE OPERATING SUPPLIES 4.236.64 LIABILITY 20,446.04 UTILITIES 9.738.63 UTILITIES 28,961.57 INTEREST 98,924.75 FOR APPROVAL: VENDOR DESCRIPTION DEPARTMENT ACCOUNT AMOUNT MISC. t*kt**tt*t***t*tt*tt##t*t**t4##**#*tx*tttt*t*****4*#*****!**!*#*ttt*###*tt*tt!*t*ttt*ttxt###***t*##x##******!*!!***#t#t##*t**#!#!#t*!*tt***!*ttttttt**#t ANCHORAGE COLD STORAGE GROCERIES COA-CONGREGATE MEALS OPERATING SUPPLIES 3,526.22 P.O. 22036 COA-HOME DELIVERY OPERATING SUPPLIES 881.56 P.O. 22036 REQUISITIONS OVER 51.000 I.'HICH NEED COUNCIL APPROVAL COUNCIL MEETING OF: MARCH 21. 1990 VENDOR DESCRIPTION DEPARTMENT ACCOUNT AMOUNT ANCHORAGE COLD STORAGE DYNIX JAHRIG ELECTRIC ZUBECK SAHLBERG EQUIPMENT (TELEPHONE POLL) MARCH GROCERIES MARCH GROCERIES COMPUTER DISK DRIVE & INSTALLATION UNDERGROUND PUMPHOUSE CONTROL MODIFICATIONS REPAIR WATER LINE AT PAMELA COURT REPAIR PARTS FOR OSHKOSH SNOWBLOWER AT AIRPORT COA-CONGREGATE MEALS OPERATING SUPPLIES 3.200.00 COA-HOME DELIVERY OPERATING SUPPLIES 800.00 LIBRARY MACHINERY & EQUIPMENT 10.000.00 WATER REPAIR & MAINTENANCE 4,950.00 WATER REPAIR & MAINTENANCE 2.252.10 SHOP REPAIR & MAINT. SUPPLIES 2,900.86 P.O. 22336 Suggested by: CITY OF KENAI ORDINANCE NO. 1361-90 /V 3 A inistration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $6,826 IN THE GENERAL FUND TO PAY SPECIAL ASSESSMENTS ON CITY -OWNED LAND. WHEREAS, the City of Kenai owns parcel #049-010-50 (containing all or portions of Government Lots 1 through 4, TSN, R11W, SM), which is included in the Candlelight/Linwood and Lawton Drive paving assessment districts, and WHEREAS, the City must pay those assessments, which amount to $6,826. 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 $6,826 Increase Appropriations: Non -Dept. - Assessments 6,826 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 4th day of April, 1990. JOHN J. WILLIAMS, MAYOR ATTEST: Janet Ruotsala, City Clerk First Reading: March 21, 1990 Second Reading: April 4, 1990 Effective Date: April 4, 1990 Approved by Finance: /�.6a H-y Requested by: Administration CITY OF KENAI ORDINANCE 1362-90 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $6,700 IN THE COUNCIL ON AGING -BOROUGH FUND. . WHEREAS, the Kenai Peninsula Borough has received a legislative grant from the State of Alaska for distribution to the Kenai Peninsula Senior Programs, and the City of Kenai's share is $27,872 to be spent over a five year period, and WHEREAS, because the Kenai Peninsula Borough requires the expenditures to be segregated for reporting requirements, a new department will be established in the Council on Aging -Borough Fund, and WHEREAS, the Senior Center Program Director has asked that $6,700 be appropriated for food supplies. NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: Council on Aging -Borough Increase Estimated Revenues: Kenai Peninsula Borough Five -Year Grant Increase Appropriations: Kenai Peninsula Borough - Five -Year Grant - Operating Supplies $6,700 $6,700 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 4th day of April, 1990. ATTEST: Janet Ruotsala, City Clerk APPROVED BY FINANCE: 5f JOHN J. WILLIAMS, MAYOR First Reading: March 21, 1990 Second Reading: April 4, 1990 Effective Date: April 4, 1990 Return the white copy �1 of pages 1 and 2 to: Alaska Department of Commerce am 11conomic Deveropment Division of Occupational Licensing „ P.O. Box D-LIC Juneau, AX Mit-0800 Retain yellow copy for your records 1. NAME OF ORGANIZATION Mailing Address & &k /D 4e4/ City, State, Zip Code 2: TYPE OF ORGANIZATION Check one box. For definitions see AS 05.15.210 and 15 AAC 105.0110.460. ❑ a. Charitable ❑ b. Civic or Service O c. Dog Mushers' Association ❑ d. Educational ❑ e. Fishing Derby Association O f. Fraternal O g . Labor O It. Municipality ❑ I. Nonprofit Trade Association O j. Outboard Motor Association ❑ k. Police or Fire Department and Company O I. Political O m. Religious n . Veterans 4. ORGANIZED AS: Corporation ❑ Public C Private C Partnership ❑ Association C Games of Chance and Contests of Skill P = M T APPUC TION AS 05.15.020 and 15 AaAC 105.100(a) Please read the instructions before completing this application All sections of the application midst be completid 3. TYPES OF GAMES. List by com- mon name If other than those listed. See AS 05.15.210 and 106.110: 105.160, a. 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. b. Raffles A Lotteries c. Pull Tabs ❑ d. Ice Classics ❑ e. Dog Mushers' Contests ❑ I. Fish Derbies ❑ g. Rain Classics ❑ h. Mercury Classics ❑ I. Goose Classic ❑ j. Salmon Classic ❑ k. Contests of Skill ❑ 1. Marksmanship Rifle, Archery or Pistol O 2. Races ❑ 3. Track and Field Events 6. UDCAL OFFICERS (must be current, bona fide members in good standing) NAME TITLE 5. 1lS"M1ATED "SO GROSS RECEIPTS ti //i/i D o P a 0 P-3-0 199V GA. RENEWAL APPLICcATdION Most Ret Permit Number., s%" 057 aged: / 9 E,9 Attach title following required items: N Current Alaska membership list (must haw at least 25 members) O Copy of amendments to articles of incorporation and bylaws, If any; include copy of antendmenticertificate of incorpolrationlreinstatement. 68. NEW APPLICATION Number of years organization has been in existence in Alaska: Attach the following: ❑ Current Alaska membership list (must have at least 25 members) ❑ Certified true copy of articles or incorporation, and copy of bylaws and national and state charters O Copy of IRS certificate or letter or tax exemption issued to Aonplofit organizations, if applicable ❑ Documentation showing organization has been in existence in Alaska three years or more (e g. bank statements, correspondence to the organization, receipts for services rendered or supplied, etc.) Name and Mailing Address of National Organization (if applicable): 17A. ACTUAL 1989 GROSS RECEIPTS 5 1 7 S. FEE. Check the appropriate box and enclose the correct amount. If gross receipts from all Then the 1989 gaming activities were: Permit Fee is: ❑ $0419,999; or If you are a New Applicant ..... . ........ $20.00 ❑ $20,004599,999..................................... $50.00 IN $100,000 or more ................................... $100.00 SOCIAL SECURITY NO. DAYTIME TELEPHONE NO. �7e-A4 sow► t?9.ti►.ew 41eiPASW .a 30 -r4, - 02JF3 F $7 z X - -'; .4 / r-r& &ts �o.,s,.�r,� .rn e.,t 34.E - L,/ .JF153? a7 s-, 3 ,;z z Jli a�7s �. & .4 J1" .6 » ­n 111.� +�C .d/� ' `l�v 9.7- /.? _;z F "3 5't7 --I -I FOR DEPARTMENT OF COMMERCE AND ECONOMIC DEVELOPMENT USE ONLY Dote of Re4Npt Stamp 'ermit Number: Date of Issue: Quarterly Reports Filed C 1 C 2 ❑ 3 ❑ 4 Financial Statement: ❑ Yes C No ❑ New 1% Fee '_­ Yes ❑ No NOTICE: GAMING ACTIVITIES MAY NOT SE CONDUCTED UNTIL THE PERMIT IS ISSUED. 08-4039 (Revised 11/89) (1) 9. • DEDICATION OF NET PROCEEDS Before (,rmit can be granted, the organization must plan to use the net proceeds from gaming activities for the awar• ding of prizes, and for political, education, civic, public, charitable, patriotic or religious uses in Alaska. (See instructions for specific rules on how proceeds can and cannot be spent.) In the sparse below, tell how your organization plans to use the net proceeds from the gaming activities. Be specific. V/70 r e.16 rr I "W AEi?ec1 . Aa d"C ^,. SAs "T o,w v4 tp jaca / i' vh. ya'rrh 6,0, r or 0 0 4Aoasyrs 7!��//r1' / .s�s.� ��p ✓n .'a-�4"s F�/i �a,�,, JO A Olt b/ � '✓r->�.t.�ret i SvPi+ t sRF F�/�•t�.t'.rf l7erEA.,.i�.air �'T /%/� v.e/� Q F�,rr.�N C�'0 (v/j�'M 6ri$'.7 4 j trO,ay�Iar., r' R,F AMA'► S 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 alternate member must be designated as the responsible person during the absence of the member In charge. It more than on* alternate is to be designated, attach a separate sheet and provide the required Information asked for on this page for each. It any primary or alternate Imaimber In charge changes during the calendar year, you are required to notify the Department of the new persohl(* A. PRIMARY B. ALTERNATE Name Daytinw Ulophune No. Natee Daytime Telephorm Nn o✓r a >or.� -yo 045%r- Mailing Addnse Social Security Na Mailing Address Saslal Security No. ,E ?'�- p KIOx I9SZ ,/7'.%a7-7 City, Slate, ZIP Cade Title City, State, 21p Cal Title 1,-Z1 Alfx4-,- 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 Developymentand the local government within 10 days. (For more than one location, attach a separate sheet.) Name and Street Address of Premises Daytime Telephone No. of Premises 12. OPERATOR (if any). If an operator is employed to conduct the gaming activities, you must provide a copy of the contract with the operator to the Department of 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 activities are conducted. 13. THESE OUESTIONS MUST BE ANSWERED. YES NO ❑ 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? ❑ 8. 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? Ig ❑ 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. t iv-C &%;r mil F' V ,eL G - t'uo oar1 Pd Ir e 4 -5 a.gYa.^ sr e>s.�rf o o sr-R *r '0 f a I a a- elf i orr 14. .C9N NATURE. 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 o1 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 have been delivered to the nearest city or borough office for review. Signature PPrinted Name Date 3,9 15. CI Y OR BOROUGH RESPONSE TO APPLICATION. You must submit two conies of this application to the city or borough nearest to the location of the proposed gaming activities. Proof of filing must aecompiiny this application. See Instructions. To speed processing, please have the appropriate local govern- ment official indicate, by signature below, the co t*% appmW of or objection to the permit. CAUTION: If this section is not 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) C Alaska Department of Commerce and Economic Development Division of Occupational Licensing P.O; Box D•LIC Juneau, Alaska 9t1811-0800 Authorized Games of Chance and Skill MUNICIPALITY AND QUALIFIED ORGANIZATION ANNUAL FOUXICIA WATSWMT A'S 06.1&0106.9Rfi DUE DATE: March tS, 19E0 Name of Organization Permit No. cetetneroiat Opmew (if any) Llcanse No. American Legion Post 20 189-0574 Mailing A"teee Illusiness Name PO Box 1044 City. 9tam 210 Code Malang Address Kenai Alaska 99669 Member in Charge of Gomes Phone Na Oft State, Zip Cods Phone No. Les Bor en 283-9072 CALCULATION OF CURRENT YEAR NET PROCEEDS 1. Total net proceeds received from your operator............................................................ (from schedule Aq column F, line 11) 2. Total net proceeds generated by the Permittes (from Schedule AP, Column D, line 11)........................... 3. Total net proceeds before 1% fee (Add lines 1 and2)....................................................... 4. 1% of net proceeds due with this statement. I' 4 4s. If total smlomt of schedule AO and AP, column A, line 11 Is less than $20,000, enter 0 4b. If total sn*pint of schedule AD and AP, column A, line 11 is $20,000 or more, multiply by 1%; enter here.......................................................................AMOUNT DUE ► 5. Current year net proceeds after deduction of 1% fee (Subtract line 4 from line 3; enter here and on line 7 below) ................................................. RECONCILIATION OF FUNDS 8. Prior year balance of games of chance and skill account (Attach a copy of the 12/31/88 bank statement and bank reconciliation ......................................... 7. Current year net proceeds (from line 5 above)............................................................. 8. Total net proceeds available for disbursement (Add lines 8 and 7)............................................ 9. Total donations of net proceeds (from schedule D) NOTE: Not proceeds must be disbursed according to law. See AS 05.15.150 and 15 AAC 105.280.................. 10. Year-end balance of games of chance and skill fund as of December 31 (Subtract line 9 from line 8; enter difference here) (Attach a copy of the 12131189 bank statement and bank reconciliation) ..... .................................. . SIGNATURE 1 -0 2 34317 3 34317 4 343 S 33617 8 20078 7 33617 9 53695 9 33510 10 20185 We declare under penalty of unsworn falsification that we have prepared and examined the Financial Statement, including accompanying schedules and statements, i= and to the best of our knowledge and belief are true and complete. Y r Authorized Games of Chance and Skills Name of PermR Holder Permit Number ilixerican Legion Post SCHEDULE AP. TOTAL GROSS RECEIPTS, EXPENSES, AND NU PROCEEDS GENERATED BY THE PERMITTEE Ust only that income received as a direct result of the games, or sale of gaming squfpmenL Food booth receipts and other income should not be included in this report. A. TOTAL GROSS RECEIPTS B. PRIZES AWARDED (from Schedule BP, Column D) C. GAME RELATED (from Sch. C, line 24) D. NET PROCEEDS (Column A less Columns B and C) 1. Sinop 177340 150540 31195 4395 2. Raffle and Lotteries 3. Pull -Tabs 118484 35651 44121 38712 4. Monte Carlo Activities 5. Dog Mushers' Contests 6. Fish Derbies: A. Ticket Sales S. Sale of Fish T. Contests of Skill 8. Rain Classics 9. Other Classics' Sale o game equipment 1Q and Supplies 11. TOTAL (add lines 1-10) 295824 186191 75316 34317 'Goose, Ice, Mercury, Salmon Classics SCHEDULE SIR (TAME PRIZES AWARDED BY THE PERMITTEE On lines 1.10 list the total cost to the permit holder of all prizes awarded during the year. On line 11, list the total market value of these prizes, including the value of prizes donated In part or in whole. NOTE: Schedule E. Prize Winners List must also be completed if the value of any prize awarded is $600 or more. A. CASH AND NEGOTIABLE INSTRUMENTS B. MERCHANDISE C. SERVICES AND REAL ESTATE D. TOTAL BY GAME 1. Bingo 150540 150540 2. Raffles and Lotteries 3. Pull -Tabs 35651 35651 4. Monte Carlo Activities 5. Dog Mushers' Contests 6. Fish Derbies 7. Contests of Skill S. Rain Classics 9. Other Classics' 10. TOTAL PRIZES (add lines 1.9) 186191 136191 Total Market Value it. (Include Donations) 08.40468 (Rev. 11189) *Goose, Ice, Mercury, Salmon Classics Schedule AP . Annual report from permittee Schedule BP = Game prizes awarded by pennittee Authorized nes of Chance and Skill SCHEDULE,,. -GAME RELATED EXPENSES w o P 1. 2. 3. 4. 5. 6. �7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. y .24. 25. m Permittee at89.-0574 rmit No. Lez_can Legion Post 20 D. E. F. G. H. I. J. EXPENSES BINGO RAFFLES AND LOTTERIES PULL -TABS MONTE CARLO ACTIVITIES DOG MUSHERS' CONTESTS FISH DERBIES CONTESTS OF SKILL RAI CLASSICS OTHffl CLASSICS' TOTALS Rental of Facility Janitorial INCLUDED IN LINE F JR Utilities Building Repairs and Maintenance 3523 2348 5871 Building Depreciation 4283 Building Insurance 460 306 766 Contract Services Accounting Wages 13686 9124 22810 Payroll Taxes Permit Fees Pull -Tab Tax Paid 1554 1554 Printing of Tickets ;E ' Pull -Tab Purchases _24871 Bingo Card Purchases 4894 4894 Supplies 470 312 782 Other Printingl Advertising 456 Postage/Freight Equipment Purchases Equipment Repairs Non•Alcoholic Refreshments Door Prizes 1318 878 2196 Miscellaneous (List Separately) 1483 988 2471 TOTALS 31195 1 44121 75317 Reported Operator 31195 44121 75 317 08.4046C (Rev. 11/89) AU(1ORIZED GAMES OF CHANCE AND S&. L SCHEDULE C•1. WAGE EXPENSE REPORT Name of Operator License Number Name of Permit Holder Permit Number 89-0574 INSTRUCTIONS: List all employees who were paid wages at any time for helping with the games; e.g. bingo callers, ticket takers, prize distributors, etc. Use additional pages as needed and include in the total. EMPLOYEE NAME SHIFT OR HOURLY RATE NUMBER OF SHIFTS OR HOURS WORKED HOURS PER SHIFT TOTAL WAGES PAID TOTAL TAXES PAID KathyRodger 1300.00 Beverly A. HA es 2100.00 Eleanor Borgen 2400.00 Grace A. Shook 6850.00 Carol A. Morgan 800.00 Jacinda Susann Hlavka 1150.00 Lester G. Bor en 3250.00 Casual Labor 4760.00 08-4046c-1 (Rev. 11/89) Total Wages Paid 22810.00 Total Taxes Paid Autimwind Games of Chance and Skill ®R OFNET PROCEEDS �;A .1. t pnxeeds from gaming activities must be dedicated within one year to the awarding of prizes. and to political, educa- i not, cjvW pvbllc6 charitable, patriotic or rallgilous uses in Alaska. (See AS 05.15.150) List below all dedl atlons, of not pro- "r U66,:addlitionol pages necessary, or Any r*46onable facsimile that contains all. of the reque= Information. RECIPIENT W47, 1 WI. -aft I W. WIR 0 n!A - 4 a VIES 6-14TIAIWA-ft's "I'll, WouTaW47,16IME M-.. WAR mr mv,.. �Ilrii'i7[ii'�, ���,�'� .. r r�l� rLS���.•a �► i ���_ � •.• 4.�'��ii.�:�ll'71�� —Iwo ,. I II a Ir I.:, '�,`^1�■ `.GN'TiRltTfilrl �t>r.. �u �������:�'� FM VQIUAI_1� 111 ��tL":71.ha�Alei.i►���t�,`�• u .III ,�� .1 Giu�i11�► 'a����1Tt'.T.'�LT►aZT�.'�i`i awe ��'����:frG:�1�' IA_� Clansman '. mo, 'VINWIdw, . �4b �od I MA MM - . M am ........ ........ B_ "wo I �161111,t "I, TOTAL AMOUNT Enter here and on page 1, line 9 ...................... nA.AAAAn 10a. 11120% 0 Authorized Games of Chance and Skill SCHEDULE D. DONATIONS OF NET PROCEEDS Name of Permit Holder Permit Number Net proceeds from gaming activities must be dedicated within one year to the awarding of prizes, and to political, educa- tiottal, civic, public, charitable, patriotic or religious uses in Alaska. (See A$ 05.15.150) List below all dedications of net pro - coeds. Use additional pages as necessary, or any reaponabie facsimile that contains all of the requested information. RECIPIENT PURPOSE AMOUNT DATE CHECK NO. IL Am. Lf I )ic rr � -ni _ _ 1 w �r..r..- � r f J TOTAL AMOUNT. Enter here and on page 1, line 9 ..................... 08.4046D (Rev. 11189) Authorized Game of Chance and Skill Name of Permit Holder'PermitPermit Number SCHEDULE D. DONATIONS Of NET PROCEEDS Not proceeds frgm gaming activities must be dedicatedwithin one year to the awarding of prises, and to political, educa- tional, civic, public, charitable, patriotic or religious uses In Alaska. (See AS 05.15.150) List below all dedications of not pro- ceeds. Use additional pages as necessary, or any reasonable facsimile that contains ail of the requested Information. RECIPIENT t, IWL40 WHOWMEM, W�� Fu M& raem�a�a�■ TOTAL AMOUNT Enter here and on page 1, line 9 .................. 08-4usD (Rev. W1 01 ` �'• Authorized Games of Chance and Skill Name of Permit Holder Permit Number SCHEDULE E. PRIZE WINNERS LIST C List each person who received a cash prize of $600 or more, or other prize with a market value of $600 or more, during the calendar year. Use additional pages as necessary, or any reasonable facsimile that contains all of the requested Information. Photocopies of receipts Issued to winners or federal form 100s are acceptable. RECIPIENT PURPOSE AMOUNT DATE CHECK NO. _7 I- "jol1ile'l e* 6 C— C 7" "5 f) J 5- TOTAL AMOUNT Enter hero and on page 1, line 9 ..................... )7 08-4046D (Rev. 11189) Return the white copy of pages t and 2 to: Alaska DeperMent of Commerce and Economic Development uIvision Wessling M so Jumm, Aot stem yasow dopy for .wrrecor" Gatnes of Chance and Contests of Skill AS 0&*k W and 1S AAC16 &ima) Please read the Instnictions before complleft this applic,. —... An soadons of *,* poilloo1i3ON1 f b oow*,Wod 1 'V 1. NAM Of OROANIZI110 N RaCE9T m Alaska Chapter National Multiple 400,000 ScIgrggis�f9giniety = Melling AdtMess GA. RENEWAL APPLICATION 511 West 41st Ave., Suite 101 Most Recent 89-1070 Y", 1989 Permit Number: Issued: Attach the following required items: City, Staffs, Zip Code Anchorage, Alaska 99503 Occurrent Alaska membership list (must stave at leap 26 moolwal ❑ Copy of amendeneWs to articles of Incorporation and bylaws, if any; lmfaeiils copy of anheedmonWerli fcele of 2. TIME OF°ORpMIZAYION 3. TYPES OF GAIIIIIIII. List by cony Check one bare. For definitions mon name if other then those inarlrporpibn/reinstatemnent. ase AS 05.15.210 and 15 AAC listed. See AS 05.15.210 and 105.110. 105.010AW. 105.160, on. NEW APPLICATION Number of years organization has been In existence in Alaska: =a. Charitable ❑ a. Bingo NOTE: Bknoo games ❑ b. Civic or Service must not be held more Attach the fblipwing: ❑ c. bap Mu~ Association than 9 occasions in a than month with no ❑ Current Alaska membership list (must have at least 25 membwQ • d. Educational more than 35 games per ❑ Cartiffed Nuns copy of articles or incorporation, and • a. Fishing Derby Association session or series of games. copy of bylaws and national and state char"rs • f. Fraternal Z b. Raffles A Lotteries ❑ Copy of IRS certificate or letter or tax exemption issued J g, Labor IB c. Pull Tabs to nonprofit orgeniiations, If applicable h. Municipality O d. Ice Classics ❑ Depum"liatlon showing organization has been in J i. Nonprofit Trade ❑ e. Dog Mushers' Contests existence in Alaska three ypm or more (eg. bank statements, correspondence to the organization, receipts Association ❑ f. Fish Derbies for services rendered or supplied, etc.) J. Outboard Motor ❑ 9. Rain Classics Name and Melling Address of National Organization (It applicable►: Association ❑ h. Mercury Classics ❑ It. Potico or Fire Department ❑ i. Goose Classic and Company ❑ i. Salmon Classic -3 1. Fbiltical ❑ k. Contests of Skill TA. ACTUAL IONGROWRECEIPTf s 370,133 78. FEE Check the appropriate box and enclose the correct amount. 11 M. Religious O 1. Marksmanship 0 n. Veterans Rifle, Archery or Pistol O 2. Races If gross receipts from all Then the 1999 gaming activities were: Permit Fee is: a, 01111"NIND AS: x3torpors1lon ❑ 3. Track and Field Events ❑ S0419,999; or If are a New Applicant $20.00 You p .............. ❑ Public C Private ❑ $20,000490.909 ...... S50.00 C Asancfatian ]O $100;= or more ................................... $100.00 & LOCAL OFFICERS imust be current, bona fide members In good standing) NAME TITLE SOCIAL SECURITY NO. DAYTIME TELEPHONE NO. Chanda Humphrey -Mines, Director 530-74-2226 563-1115 Lona French, Chairperson 574-24-1223 376-5110 Julie Latuska, Secretary 574-14-7587 258-7267 Monica Moreland, Treasure 587-46-0797 265-3118 FOR DfB►A WNT" OF OOMMM4 AM igDItOMIC OEMOPIMBtT tiff ONLY tits" of Receipt Stanch •mit Number: Onto of Issue: Ouartedy Reports Flied O 1 Financial Statement: ❑ We 1% Foe C Yea C No ❑ 2 ❑ 3 0 4 C No ❑ New NOTICE: QAWtNO ACTiMfTIEf MAY NWT fE CONDUCTED UNTIL THE PERMIT 4 iff R& 08-4039 (Revised 11189) (1) !. DEWATHW OF NET PROCEEDS. Before a permit con be granteit, the organization mat plan to use the net proceeds from gaming activities for tore awar- dMmg of prials, and for poi tleal. education. civic, charitattle 0*000 l of religious uses in Alaslt& (See instructions for specific rules on how proceeds can and cannot be spent.) In the space balM your ofq)atdtfs OM P1416$10 00 ibis flat proceeds from the gaining activities. So specific. The pfoceeds will be used to purchase or repair needed equipment, educational materials, research, healthcare assistance, support groups, health fairs, comaeling, seminars and educational needs t0. PERSON IN CHAN"OF GAiME8. This must be a bona fide and active member of the qualified organization, or an employee of the municipality. This person la far Inaksgli>N�p tin iecorda and preparing ail tin pquked reports An attemab member must be designated as the responsible person during mile abeanioe ai the ilMarllplNr in t H mmera than ore alteamale Is to be designated, MI)bah 4 ewe sheet sad preside the required imfommetion aslked fort en this page for esibh ff airy primary or iaterfmrWit ntemnber M chaf0e imanga dmmtimE (Mie eeNemi(ior ypr, you are required to notify tin Department of the new pemw4s). A. PRIMARY S. ALTERNATE "am D It' 111 51 . a Na Kara Daryflaw *MphwW liar Chanda Humphrey -Mines 563-1115 Katherline M. Hall 63-1115 OWN aatatraa sow ttsamr* Na. mwft a1/r moos soave seooft Iota 511 W. 41st Ave., Suite 10 530-74-22 6 511 W. 41st Ave., Suite 01566-94- CRY. $1106% tic Ceara cft stow, ro cant Title chorage, Alaska 99503 Oirector Anchorage, Ak. 99503 C rdinato 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 Devel opirmin and the local goverment within 10 days. (For more than one location, attach a separate shoot.) Name and Street Address of Premises Daytime Telephone No. of Premises please see attached list /Drawing of raffle will be at see attacheMat-Sd 12. OPERATOR (if any). If an operator is employed to conduct the gaming activities., youu mus pry as+c��i)pyp of the contract with the operator to the Department of Commerce and Economic Development at least 15 days before activities commence. You may cdhtlract 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 operators performance. Name of Operator Copy of Contract with Operator. ❑ Is Attached ❑ Will be sent by certified mail no later than 15 days before the activities are conducted. I& THESE OUESTIONS MUST BE ANSWERED. YES NO ❑ CD[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? ❑ CbM. 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? ❑ W. Will any person listed in 10 or 12 above receive compensation of any kind from the receipts Of the gaming activities? If yea, explain. 14. SItIiNiATURE. This application must be signed by the prhnary 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 DevNstIment. Submit d oapy of the board ressiution or minutes of most" giving authority to the primary member In chat" 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 completes i understand that any false statement made on this application is punishable by law. I further doctors that two copies of this application have base delivered to the nearest city or borough office for review. Signature Printed Name Date X �tng&D Chanda Humphrey -Mines /5/90 1s. CITY OR BOROUGM.RESPONf3E To ION. You must submit two copies of this application to the city or borough nearest to the location of the proposed gaming activities. Proof of IKing must accompany this application. Sae Instructlons.'b spo W processing, peesrhen the appropnate local govgm- ment official Indlcote, by signatuure below, the community's approval of or objection to the permit. CAUTION: If this section is net 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 Na 883 NOTICE: ANY IFALSE STATEMENT MADE ON THN APPLICATION M PUNMOAELE EV LPL (2) GI� J .a AJ'"A 12 JF�r� March 5, 1990 City of Kenai P. O. Box 580 Kenai, Alaska 99611 c/o City Clerk Dear Sir: Attached are two copies of our Permit Application for Game of Chance and Contests of Skill. The location of activities where games will be conducted on our behalf is listed as follows: Rainbow Bar, 502 S. Main Street, Kenai, 99686 283-9929 Would you please forward the approved application directly to the Alaska Department of Commerce and Economic Development, Division of Occupational Licensing, P. 0. Box D-LIC, Juneau, Alaska 99811-0800. Thanking you in advance. Sincerely, Mrs. Gayle Berryman, Accountant attached (2) Return the whits copy of papa I and 2 to: Alaska department of Gommerce and Economic Cevelopment Division of Occupational Licensing P.O. Box D-LIC Juneau, AK 9011.00N Aetain yellow copy for your records Games of Chance and Contests of Skill MONTE CARL O PERMIT APPLICi AS-05.151"b) Please read the instructions before completing this aNNt1%.auv11. All sections of the application must be completed -7 VWV 1. RAW OF ORGANIZATION S. fBS1l181FED 190 04098 RECEIPTS Mailing Address 8A. RENEWAL APPLICATION S �''S l \ I Most Recent MC84 _ ao i8 Year Permit Number: Issued: ��Tu City, State, Zip Code , � 6 J / /�i / Attach the following required Items: 1>4 Current Alaska membership list (must have at least 25 marnbers) 2. TYPE OF ORGANIZATION 3. EVENT SCHEDULE. During the ❑ Copy of amendments to bylaws, if any Check one box. For definitions calendar year, you may apply for 68. NEW APPLICATION see AS 05.15.210 and 15 AAC either one permit for an event 105.010-.030. lasting no more than three con- Number of Years Organization secutive days, or for up to three Has Been In Existence in Alaska: a. Charitable ❑ b. Civic or Service permits for events lasting no more than one day each. A "day" Attach the following: ❑ c. Dog Mushers' Association Is any consecutive 24-hour per- ❑ Current Alaska membership list (must have at least 25 members) d. Educational ❑ e. Fishing Derby Association Sod. You may apply for only one "event" on this application. ❑Certified true copy of articles or Incorporation, or If not incorporated, copy of bylaws and national and state charters )1. Fraternal i❑ 9 Labor ❑ h. Municipality ❑ 1. Non-profit Trade BEGINNING ENDING DATE A DATE /�� /If119 ❑ Copy of IRS certificate or letter or tax exemption Issued to nonprofit organizations, If applicable ❑ Documentation showing organization has been In existence in Alaska three years or more (e.g. bank statements, correspondence to the organization, receipts Association ❑ j. Outboard Motor ACTUAL HOURS OF OPERATION for services rendered or supplied, etc.) Name and Mailing Address of National Organization (if applicable): Association �P ^� -- A-10 ❑ k. Police or Fire Department and Company ❑ I. Political 7A. ACTUAL 1989 GROSS RECEIPTS i 41S—O®, 00 78. FEE. Check the appropriate box and enclose the correct amount. ID m. Religious ❑ n. Veterans If gross receipts from all Then the 1989 gaming activities were: Permit Fee Is: 4. ORGANIZED AS: '�K $0-$19,999; or if you are a New Applicant .............. $20.00 ❑ Corporation ❑ Partnership ❑ $20,000499,999..................................... $50.00 ❑ Public ❑ Private )4 Association ❑' $100,000 or more ................................... $100.00 8. LOCAL OFFICERS (must be current, bona fide members in good standing) �{ NAME TITLE SOCIAL SECURITY NO. DAYTIME TELEPHONE NO. t �^�EicNFr4 a5iEG�E'F_,—Arty 5 0-3`—�'S'i� �'0�—,n67-''S�13 `l J, iz e.e_ "�,�rrd Sc.l��•A3tC, �er�rTa.-- %-3i/- EGG )r'Gi-$3-'135f FOR DEPARTMENT OF COMMERCE AND ECONOMIC DEVELOPMENT USE ONLY Deb of I11400 t allomp f " " rmit Number oats of Issue: Interim Financial Statement Financial Statement: ❑ Yes 06-4047(Revised 11189) ❑ Yes ❑ No ❑ No ❑ New NOTICE: GAMING ACTIVITIES MAY NOT BE CONDUCTED UNTIL THE PERMIT IS ISSUED. PLEASE ALLOW AT LEAST THREE WEEKS FOR NWOPT OF THE PERM a► 9. DEDICATION OF NET PROCEEDS. Before a permit can be granted, the organization must plan to use the net proceeds from gaming activities for the awing of prizes, and for political, education, civic, public, charitable, patriotic of religious uses In Alaska. (See instructions for specific rules on how proceeds can and canfprt be spent.) In the space below, 1*0 how youg prganiltatton plans to use the net ptgopeds from the gaming activities. Be Specific. 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 theE required reporter An alternate member must be designated as the responsible parson during the absence of the member in charge. If more than one afteimate is to be designated, attach a separate sheet and provide the npufred InformatMn asked for on this page for each. If any primary or alternate member In charge changes during the calendar year, you we required to notify the Dope nIont of the new person(s). A. PRIMARY IL ALTERNATE N,ma Daytime Telephone Na Name n ill, 11 , pireaa No Mailing AWreas ��6 so" 840e11ty Nn �94-. v-G�3� Me%* Address lei( G63 So" iawrkf Its City, State, Zip Cade Tihle aft State, Zip Code xsr� ! Q(� ��, Title It. LOCATION OF ACTIVITIES. Specify where the games will be conducted. Name and Street Address of Premises K� �,yt / f Daytime Telephone Na of Premises F,rF .�s'as S? 6 s' ,�an�r �i 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 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 �J �T activities are conducted. 13. THESE QUESTIONS M'.:ST BE ANSWEREDQ YES No ❑ ❑ 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? ❑ ❑ B. Has any person listed in 10 or 12 above ever been convicted of a crime Involving theft or dishonesty, or ever been convicted of a violation of a municipal, state or federal gambling law. ❑ ❑ C. Will any person listed in 10 or 12 above receive compensation of any kind from the receipts of the gaming activities? If yes, explain. 14. SIGNATURE. This application must be signed by the primary parson 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 boon delivered to the nearest city or borough office for review. signal Printed Name Date 15. APPROVAL REQUIRED BY LOCA LAW ENFORCEMENT AGENCY. Before filino Your aoolication. you must have It aooroved by the law enforcement soon which has jurisdiction over the location of the proposed activity. The statement below must be signed before a permit can be Issued. We approved the schedule of Monte Carlo activities as specified on this application. Signature of Law Enforcement Agency Official Date Telephone Printed Name of Person who Signed Above Title/Position Name of Law Enforcement Agency 16. CITY OR BOROUGH RESPONSE TO APPLICATION. You must submit two copies of this application to the city or borough nearest to the location of the propos- ed gaming activities. Proof of filing must accompany this application. See Instructions. To speed processing, please have the appropriate local government official Indicate, by signature below, the cornmuntty's approval of or objection to the permit. CAUTION: If this section is not 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 Na NOTICE: ANY FALSE STATEMENT MADE ON THIS APPLICATION IS PUNISHABLE BY LAW. 08-4047 (Revised 11189) (2) .Return th0wh,le copy of pages 1 and 2 to: Alaska Department of Commerce and Economic Development Division of Occupational Licensing P0. Box aLIC Juneau. AK 9ae11.00M Aelain yellow copy for l " ear records 1. NAME OF ORGANIZATION Games of Chance and Contests of Skill PERMIT APPLIQ AT ON AS 05-15.020 and 15 AAC 105.100(a) Please read the Instructions before completing this applica All sections of the application must be completed Womens Resource & Crisis Center Mailing Address 325 S. Spruce City, State, Zip Code 2. TYPE OF ORGANIZATION Check one box. For definitions see AS 05.15.210 and 15 AAC 105.010A60. O a. Charitable LN b. Civic or Service O c. Dog Mushers' Association O d. Educational ❑ e. Fishing Derby Association f. Fraternal 1-1 g . Labor J h. Municipality U 1. Nonprofit Trade Association 0 j. Outboard Mato( Association O k. Police or Fire Department and Company C i. Political C] m. Religious 0 n. Veterans 4.ORGANIZED AS: 21 Corporation O Public 01 Private O Partnership O Association 3. TYPES OF GAMES. List by com- mon name if other than those listed. See AS 05.15.210 and 105.110. 105.160. ❑ a. 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. 0 b. Raffles d Lotteries 19 c. Pull Tabs O d. Ice Classics ❑ e. Dog Mushers' Contests ❑ I. Fish Derbies O g. Rain Classics ❑ h. Mercury Classics O 1. Goose Classic ❑ 1. Salmon Classic Y] k. Contests of Skill ❑ 1. Marksmanship Rifle, Archery or Pistol O 2. Races O 3. Track and Field Events 8. LOCAL OFFICERS (must be current, bona fide members In good standing) NAME TITLE 5. ESTIMATED 1990 GROSS RECEIPTS 3 184,000 ■ W W W 6A. RENEWAL APPLICATION Most Recent Year Permit Number: 89-0509 Issued: 1989 Attach the following required Items: Current Alaska membership list (must have at least 25 members) Copy of amendments to articles of incorporation and bylaws, if any; include copy of amendment/coniticate of incorporationlreinstatement. 68. NEW APPLICATION Number of years organization has been in existence in Alaska: Attach the following: O Current Alaska membership list (must have at least 25 members) O Certified true copy of articles or Incorporation, and copy of bylaws and national and state charters O Copy of IRS certificate or letter or tax exemption issued to nonprofit organizations, if applicable O Documentation showing organization has been in existence in Alaska three years or more (s g. bank statements, correspondence to the organization, receipts for services rendered or supplied, arc.) Name and Mailing Address of National Organization (if applicable): ` 7A. ACTUAL 1989 GROSS RECEIPTS t 32.466.00 1 7 B. FEE. Check the appropriate box and enclose the correct amount. It gross receipts from all 1909 gaming activities were: Then the Permit Fee is: O 1i0419,999; or If you are a New Applicant .............. $20.00 C9 $20,0W499,999..................................... $50.00 O $100,000 or more ................................... $100.00 SOCIAL SECURITY NQ DAYTIME TELEPHONE NO. • e 9.11 9 •1 •. James Hoyt Vice —President +561-80-1137 (907)776-9477 Marti Steckel Scribe ?.63-92-1441 (907)2 1-614R FOR DEPARTMENT OF COMMERCE AND ECONOMIC DEVELOPMENT USE ONLY 9,grmlt Number. ..ate of Issue: Quarterly Reports Filed ❑ 1 Financial Statement: L3 Yes 1•/ Fee U Yes : No ❑ 2 ❑ 3 U 4 C No ❑ New Date of Receipt stamp 08-4039 (Revised 11189) NOTICE GAMING ACTIVITIES MAY NOT BE CONDUCTED UNTIL THE PERMIT IS ISSUED. (1) 9. DEDICATION OF NET PROCEEDS. Before a permit can be granted, the organization must plan to use the net proceeds from gaming activities for the awar- ding of prizes. and for political, education. civic, public, charitable, patriotic or religious uses in Alaska. (See instructions for specific rules on how proceeds can and cannot be spent.) In the space below, tell how our organization plans to use the net proceeds from the gaming activities. Be specific. The net proceeds of Games of Chance will be used for staffing and operating our Men`s Anger Management Program for offenders of Domestic Violence and sexual assult. r�Z rj � f n a 10. PERSON IN CHARGE OF GAMES. This must be a bona fide and active member of the qualif led organi ion, o'C4 Omployee of the municipality. This person is responsible for maintaining the records and preparing all the required reports. An alternate memberKrtust btidesignated as the responsible person during the absence of the member in charge. If more than one alternate Is to be designated, attach a separadisheet and provide the requited information asked for on this Page for each. If only teary or alternate member In charge changes during the calendar y} ;you an required to notify the Depattn►ent of the. new person 31i. \c'? A. PRIMARY !L ALTERNATE Nam* bayNnis Tolot one No. Name paytUee T*lephone Na Joanne F. Lopez 283-9479 Jay Reed 283-7296 Mailing Ature" Social seturay No. Mailing Addnea lioelal security fin HC-2 Box 527 484-34-0670 P.O. Box 5070 539-46-0020 City, State. DO Cede Title City, state. ZIP Cc& Title Clam Gulch, AK. 99568 Exec. Directbir Kenai, Alaska 99611 President 11. LOCATION OF ACTIVITIES Specify where the games will be conducted, including the drawing of raffle tickets. It 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 shoot.) Name and Street Address of Premises Daytime Telephone No. of Premises Please -see attached list 12. OPERATOR (if any). If on 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 mall no later than 15 days before the None activities are conducted. 13. THESE OUESTIONS MUST BE ANSWERED. YES NO O IN 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 Z 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? ❑ a 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 organisation. I declare under penalty of unswom falsification that 1 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 have boon delivered to the nearest city or borough office for review. Printed Name I Date I , X SoQ-rne 3-09-70 A. 91TY OR BOROUGH RESPONSE TO APPLICATION. Ybdmust submit two copies of this application to the city or borough nearest to the location of the roposed gaming activities. Proof of filing must accompany this application. See Instructions. To speod processing, please have the appropriate local Govern- ment official indicate. by signature below, the community's approval of or objection to the permit. CAUTION: If this section is not completed, the processing will be delayed 15 days to allow the city or borough time to respond to this application. x 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) ithorized Games of Chance and Skill 1989 IPALITY AND ©UALIFIED ORGANIZATION A"UAL FINANCIAL STATEMENT AS 05.15.010-.995 DUE DATE: March 15, 1990 s 1Permit No. 89-0 09 comment Operator lif ant) None License No. IN/A Business Name Mailing Address Phone No. city. State, Ilp Codo Phone No, ET PROCEEDS r........................................................... (from Schedule AP, Column D. line 11)........................... and2)...................................................... imn A, line 11 Is less than S20.000, enter 0 17A 11ne 11 Is $20,000 or more, multiply .......................................AMOUNT DUE tr o fee fine T below) ................................................. II account ,nd bank reconciliation ......................................... Add lines 6 and 7) ............................................ D) ng to law. See AS 05.15.150 and 15 AAC 105.280................... fund as of December 31 9) ind bank reconciliation) ........................................ 1 00 3 2,110.00 1 5 2,110.00 0 -0- 7 2,110.00 2,110.00 B -0- 10 2,110.00 have prepared and examined the Financial Statement, Including accompanying schedules and statements, no complete. Authorized Games of Chance and Skill Name of Permit Holder Permit Number & Crisis Center 89-0509 SCHEDULE AO. TOTAL GROSS RECEIPTS, EXPENSES AND NET PROCEEDS RECEIVED FROM OPERATOR List only that income received as a direct result of the games, or sale of go" equipment. Food booth receipts and other Income should not be included In this report. A. TOTAL GROSS RECEIPTS fI 'STATE OR FEDERAL TAXES PAID OR OWING ON THE INCOME C. PRIZES AWARDED (from Schedule SQ Column D) n ADJUSTED GROSS RECEIPTS (Col. A less Cols. B and Q E GAME RELATED EXPONSES (from Sch. C, line 25) F. NET PROCEEDS (Column A less (Cols. 8 and C) 1. Bingo - 0 - 0- -0- -0- -0- 2, Raffle and lotteries 3. Pull -Tabs 4. Monte Carlo Activities & Dog Mushero' Contests 6. Fish Derbies: A. Ticket Sales B. Sale of Fish 7. Contests of Skill S. Rain Classics 9. Other Classics* Sale of game equipment 10. and Supplies t 11. TOTAL (add lines 140) - 0 - -0_ _0- _0 _ 'The only taxes that be be claimed In this column are: Alaska corporate Income tax, and the federal tax on unrelated 'Goose, Ice. Mercury, Salmon Classics trade or business income based on gaming activities only. In the space below, please Indicate the amount for seen lax. The tax claimed may only before the current report period. Alaska Corporation Income Tax S Federal Tax on unrelated trade or business Income S - n NOTE Sales tax may not be claimed. SCHEDULE BO. GAME PRIZES AWARDED BY THE OPERATOR On lines 1.10 list the total cost to the permit holder of all prizes awarded during the year. On line 11, list the total market value of these prizes, Including the value of prizes donated in part or in whole. NOTE: Schedule E. Prtte Winners Ust must also be completed If the value of any prize awarded Is SSW or more. A. CASH AND NEGOTIABLE INSTRUMENTS Ill. MERCHANDISE C. SERVICES AND REAL ESTATE a TOTAL BY GAME 1. Bingo 2. Raffles and Lotteries 3. Pull -Tabs 4. Monte Carlo Activities 5. Dog Mushers' Contests 6. Fish Derbies 7. Contests of Skill 8. Rain Classics 9. Other Classics' 10. TOTAL PRIZES (add lines 1-9) - 0 - - 0 - -T--O- - 0 - - 0 - Total Market value 11. (include Donations) - 0 - - 08.4046A (Rev. 11189) -Goose, Ice, Mercury, Salmon Classics Schedule AO = Annual report from operator Schedule 00 = Game prtzss awarded by operator Authorized r'-,,mes of Chance and Skill SCHEDULE GAME RELATED EXPENSES A_ R r INar-- of Permittee� N An's Resource & Crisis Center n F F (; u Permit No. 89-0505 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15, 16. 17. 22. 23. 24. 25. COWTESTS OF SKILL Rental of Facility i Building Depreciation Elm 11NERIERNIMINE i L Buil ding Insurance ME INIME FIE FIE ME! I Accounting ENS EIGIE ONE FIENI Payroll Taxes ENS EIIIEW E101011E PullTab Tax Paid WEI MAIN WENINIM Printingof Purchases INES BingoCard Purchases MINI INEI �§E E El �2 Elm EM Other Printingl Advertising ME! 1010 000 EMEM 011WEIIIE WEINES EMEM Aefreshments, SIESSIE 0111E Miscellaneous (List Separately) Ot3.4w0 sv. i and Skill ROCEEDS Name of Permit Holder Permit Numbei" Women's Resource & Crisis Centel 89-0509 j activities must be dedicated within one year to the awarding of prizes, and to political, educa- ible, patriotic or religious uses in Alaska. (See AS 05.15.150) List below all dedications of net pro - as as necessary, or any reasonable facsimile that contains all of the requested information. `_._,t111 PERMITTED PULL --TAB LOCATIONS Womans Resource Center Name of Business/facility physical address phone no. contact Forelands bar mi1e20KenaiSpurHwy 776-9907 Ron&Rose Keil Kasiloff, AK 99610 Maverick Club 44698 Sterling Hwy 262-7979 Zoran Antoski Soldotna, AK 99669 or Janet Soldotna Inn 35041 Spur Hwy at Y 262-9169 Michael Sipes Soldotna, AK 99669 Nightwatch Mile 96 Sterling 262-7020 Mickie Copelan Soldotna, AK 99672 and Rusty Jory Parkers 36185 Kenai Spur Rd 262-4670 Tack Lee Soldotna, AK 99669 The Place Motel & Bar Mile 18 North Rd. 283-9915 John Young Kenai, AK 99611 Vaugans Mini Mart Mile 18.5 Kalfonski 262-4252 Vaughan Soldotna, AK 99669 Dablemont casino bar Main Street 283-9992 f Kenai, AK 99611 WOMENS RESOURCE & CRISIS CE�ii TER LIST OF MEMBERS A. J. ODOM SATORENE JACFWON MARGARET T. MULLrX SHIRLEY JACKSON FRANKIE DEROSSIT SUSIAN D. DUP.SIN KAKI HOHN JANE FAIR M.E. LARSON BARS^RA CHRISTIAN MARCUS BEAUCAMP MCDONALDS/SOLDOTNA C. & P. SEE IICDONALDS/KENAI 1ST NAIL BANK THOM S SPOONER R. & K. DIAMOND CAROLYN C. COCKRAN BILLIE HARDY DORIS RIEMANN MIKE NAVARRE SALLY SLICER RICHARD TROEGER KENAI AIR AK INC. LILLIAN HAKYIII4 SHICLENE M. ANDRUS JANET BOOKMAN AK OILFIELD M&M REDDEN CHIROPRACTIC DAN'S TV/APP INLET SAL40H COMPUTER CC+CEPTS NEDRA EVENSON DEB=H A. MELLO JOYCE BILLINGS D & M SIHON MARION NELSON InHE Romisox. DALE SANDAHL J S K PIERSON VIRGINIA MCCAUGHEY ETHEL CLAUSEN FREEDOM REALTY MARCIA BEAUCAKP LAST FRONTIER INS THELMA MCCO."4ELL DIANE SIMMONS PAT & MYRNA CCUAN FRED CHAMBERS GLENN CHEML FLOTiiE MARJORIE HAYS JOHN MARTI STECKEL LYNDA B. BEHLGREN ANN DOOLEY-'.{ROGSENG NARNE'iLOVE JAPES HOYTiE SOLDOTNA OPTOMETRY JANICE TUTER BIRCH TREE GALLERY DEAl�9A HATCH WEAVER BROS. INC. 'roH � JAY RErD _ CITY OF 1----_ . %%Od ear'.aj,'O'i 4 44U"11 78.ORWM M - 705 FAX W7-283MU March 16, 1990 TO: Council &A� FROM: Janet Ruotsala City Clerk RE: Games of Chance & Skill - Pioneers of Alaska, Igloo #33 The application for Games of Chance & Skill for the Pioneers of Alaska is not in the packet. I will distribute it on March 21. jr 1791 CITY OF eap dal 4 4,G „ 210140A= MNA1, M."M 11l011 TMEPHOW 263.75M FAX 907-283.3014 MEMORANDUM TO: Mayor John J. Williams & the Kenai City Council FROM: Kim Howard, Administrative Assistant % DATE: March 8, 1990 K RE: Assignment of Lease from David Diamond to Steven & Wendy S. Schumacher Lot 1, Block 4, General Aviation Apron Attached is a letter, with attachments, from C.R. Baldwin requesting a consent to assignment of the referenced lease. The Legal Department has been provided a copy of the letter as well as the attachments. A map of the area is attached. The lease states the lessee agrees not to assign his lease without the written consent of the City. If the Council has no objection, the City Manager will execute the Consent to Assignment. Attachments /kh LEASES\DIAMOND.MEM t�;!TRAC 11 31 . 1?4 Its FLOAT PLANE RD 32 77A CEMETERY WELL 'SERVE S/7 f 7c 04.9 PARKING AltlEAS . ......... �Q31123456 125 N. Willow nos �i�� C. R. Baldwin C.R. Baldwin P.O. Box 4210 p ' ' '"� C``� C �P f�, Lawyer Blaine D. Gilman Kenai, Alaska 99611 �, i /� LG. rI Brad Ambarian ,.. Area 907/ 283-7187 Fax N 283-8435 ldp�6G�March 6, 1990 City of Kenai 210 Fidalgo Ave. Kenai, AK 99611 Enclosed is a Consent to Assignment for execution by the City Manager. Also enclosed is a copy of a partially executed Assignment of Lease from the current Lessee, David Diamond, to Steven Schumacher and Wendy Schumacher. The Assignment covers Lot 1, Block 4, General Aviation Apron. The Assignment is made in connection with a sale of the hanger located upon the leased premises. Please execute and return to me a copy of the Consent To Assignment. Thank you for your assistance. VeO.,AuALD ours, IN CRB/hs Enc. CITY OF KENAI CONSENT TO ASSIGNMENT The Assignment from DAVID DIAMOND to STEVEN SCHUMACHER and WENDY S. SCHUMACHER, dated the day of , 1990, covering the following -described property: Lot One (1), Block Four (4), GENERAL AIRPORT APRON (GENERAL AVIATION APRON), Kenai Recording District, Third Judicial District, State of Alaska is hereby ACKNOWLEDGED AND APPROVED, subject to the same terms and conditions as contained in the original Lease above -described. This Consent is given by the City of Kenai without waiving any right or action, or releasing the Assignor from any liability or responsibility under the aforementioned Lease, and does not relieve the Assignee from the condition requiring the City's approval for any subsequent sublease or assignment. CITY MANAGER STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) On this day of , 1990, before me personally appeared known to be the person who executed the above instrument, and acknowledged that he or she had the authority to sign, for the purposes stated therein. NOTARY PUBLIC FOR ALASKA My Commission Expires:_ THIS ASSIGNMENT is entered into between DAVID DIAMOND, of 2335 Watergate Way, Kenai, Alaska 99611, hereinafter referred to as the Assignor; and STEVEN SCHUMACHER and WENDY S. SCHUMACHER, of P.O. Box 1866, Kenai, Alaska 99611, hereinafter referred to as the Assignees. Assignor does hereby assign and transfer to Assignees all of his interest in the leasehold estate as evidenced by that certain Lease Agreement with the CITY OF KENAI as Lessor, recorded the 16th day of June, 1981, in Book 172 at Page 257, Kenai Recording District, and covering the following -described real property: Lot One (1), Block Four (4), GENERAL AIRPORT APRON (GENERAL AVIATION APRON), Kenai Recording District, Third Judicial District, State of Alaska. 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. Assignees agree 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 of1990. D PIAMOND, Assignor STEVEN SCHUMACHER, Assignee WENDY S. SCHUMACHER, Assignee STATE OF ALASKA } ) ss. THIRD JUDICIAL DISTRICT ) SUBSCRIBED ND SWORN to before me by DAVID DIAMOND this -i-� 4'14 day of , 1990. A- NOTARY I FOR ALASKA My Commission Expires: STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) SUBSCRIBED AND SWORN to before me by STEVEN SCHUMACHER this day of , 1990. NOTARY PUBLIC FOR ALASKA My Commission Expires: STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) SUBSCRIBED AND SWORN to before me by WENDY S. SCHUMACHER this day of , 1990. NOTARY PUBLIC FOR ALASKA My Commission Expires: 125 N. Willow C. R. Baldwin H / 0 P.O. Box 4210Lawyer Kenai, Ala M 99611 W i Aree 907/ 283-7167 Fax N 283-8435 March 14, 1990 ('168Z 212223City of Kenai210 Fidalgo AvenueKenai, Alaska 99611 ARe: Lot 1, Block 4, General Aviation Apron95VV,2�= To Whom It May Concern: In order to finance the purchase by Steve and Wendy Schumacher of the leasehold rights of David Diamond to the above property, the National Bank of Alaska has agreed to provide financing. The Bank will require an assggnment for security purposes of the leasehold estate as security for its loan. The ground lease from the City requires the consent of the City to any assignment except an assignment made in connection with the financing of interim or permanent improvements. The City's Consent To Assignment For Security Purposes of the leasehold interest from the Schumachers to National Bank of Alaska is hereby requested. Very truly yours, C/.R k IN CRB/hs Enc. cc: Henry Penney, NBA Kenai CITY OF .. OSER The Assignment For Security Purposes from Steven Schumacher and Wendy Schumacher to National Bank of Alaska, dated the day of following -described property: , 1990, covering the Lot One (1), Block Four (4), GENERAL AIRPORT APRON (GENERAL AVIATION APRON), Kenai Recording District, Third Judicial District, State of Alaska. is hereby ACKNOWLEDGED AND APPROVED, subject to the same terms and conditions as contained in the original Lease above -described. This Consent is given by the City of Kenai without waiving any right or action, or releasing the Assignor from any liability or responsibility under the aforementioned Lease, and does not relieve the Assignee from the condition requiring the City's approval for any subsequent sublease or assignment. CITY MANAGER STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) On this day of , 1990, before me personally appeared , known to be the person who executed the above instrument, and acknowledged that he or she had the authority to sign, for the purposes stated therein. NOTARY PUBLIC FOR ALASKA My Commission Expires: 1791-1991 CITY OF KEI TSJVH" 2@3 - 7M FAX 907-203-3014 March 13, 1990 Kenai Peninsula Borough Assembly 144 N. Binkley Soldotna, AK 99669 Attn: James Skogstad President Dear President Skogstad: I am in receipt of the letter from the Deputy Borough Clerk dated Feb. 28, 1990 and Borough Ord. 90-16, regarding sale of alcohol beverages. Please be advised that the City Council of the City of Kenai has not yet had the opportunity to address this matter. Our next meeting is March 21, 1990, one day after your hearing on this ordinance and this would be the earliest time that we would be able to discuss the ordinance and the ramifications to the City of Kenai. I would respectfully request that this ordinance be held over at least one more Borough meeting so that we may respond. we realize that an ordinance of this type does not necessarily pertain to the City of Kenai because of our status as a first class, home rule city. We are also deeply concerned over the ability of the Borough to enforce such an ordinance in as much as the Borough has no police powers. From a purely business standpoint I would not recommend to my Council anything of this nature without first having a public hearing of our own and addressing the concerns of all of the business people in the City of Kenai who deal in the sale of alcoholic beverages. BOROUGH ASSEMBLY PRESIDENT SKOGSTAD MARCH 13, 1990 PAGE 2 Tourism and entertainment are major factors of our economy and we have no less than seven retail lounges and several retail stores. I hope you can understand my concern and perhaps give some thought to my suggested delay in this hearing. Sincerely Arohn J. illiams Mayor JJW:jr cc: Kenai Borough Attorney Kenai Borough Clerk I KEI'1IA►I PENINSULA BOROUGH a , 144 N. BINKLEY • SOLDOTNA. ALASKA 99669 44 PHONE (907) 262.4441 ...L'L`lti •art February 28, 1990 Mayor John J. Williams City Council Members 210 Fidalgo Kenai, AK 99611 Dear Mayor Williams: DON GILMAN MAYOR Enclosed please find a copy of Ord. 90-16, "Prohibiting the Sale of Alcoholic Beverages Between the Hours of 2:00 and 9:00 A.M., in All Areas of the Kenai Peninsula Borough Outside Cities" (Sewall). The assembly has requested the ordinance be forwarded to the cities for their input and comments. It has been proposed the issue be put before the voters; and if so, the assembly would appreciate the city's specific comments on whether the vote should be areawide or non-arewide. Ord. 90-16 will be up for public hearing on March 20, 1990 and your timely comments would be helpful. Thank you. Very ruly yours, Catherine Y. Lacee, Deputy Borough Clerk ENC: 1 Introduced by: Sewall Date: Feb. 20, 1990 Hearing: Mar. 20, 1990 Vote: Action: ORDINANCE 90-16 PROHIBITING THE SALE OF ALCOHOLIC BEVERAGES BETWEEN THE HOURS OF 2:00 AND 9:00 A.M. , IN ALL AREAS OF THE KENAI PENINSULA BOROUGH OUTSIDE CITIES WHEREAS, Alaska Statutes permit the Borough to regulate the hours in which alcoholic beverages may be sold; and WHEREAS, restricting hours of sale so that no sales may be made between 2:00 a.m., and 9:00 a.m., does not interfere with reasonable operation of establishments selling alcoholic beverages; and WHEREAS, problems associated with late night sales of alcoholic beverages arise from all types of sales, not just sales at bars; NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH: Section 1. That a new section 11.10.050 to the Borough code is enacted to read: 11.10.050 Hours of Sale. A. Premises licensed under AS O4.11.080 for the service and consumption of alcoholic beverages shall be closed for the sale, service and consumption of alcoholic beverages between the hours of 2:00 a.m. and 9:00 a.m., in all areas of the borough outside the cities of Homer, Kachemak City, Kenai, Seldovia, Seward and Soldotna. B. All other retail premises licensed under AS 04.11.080 shall be closed for the sale of alcoholic beverages between the hours of 2:00 a.m. and 9:00 a.m., in all areas of the borough outside the cities of Homer, Kachemak City, Kenai, Seldovia, Seward and Soldotna. Section 2. That this ordinance shall be effective at 12:01 a.m., on the 60th day after its enactment. ATTEST: James W. Skogstad, Assembly President Borough Clerk Introduced by: Sewall., i'< Date: Feb. 20, 1990 Hearing: Mar. 20, 1990 Vote: Action: ORDINANCE 90-16(SUBSTITUTE) PROHIBITING THE SALE OF ALCOHOLIC BEVERAGES BETWEEN THE HOURS OF 2:00 AND 9:00 A.M., IN ALL AREAS OF THE KENAI PENINSULA BOROUGH WHEREAS, Alaska Statutes permit the Borough to regulate the hours in which alcoholic beverages may be sold; and WHEREAS, restricting hours of sale so that no sales may be made between 2:00 a.m., and 9:00 a.m., does not interfere with reasonable operation of establishments selling alcoholic beverages; and WHEREAS, problems associated with late night sales of alcoholic beverages arise from all types of sales, not just sales at bars; NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH: Section 1. That new sections 7.10.030 and 7.10.040 to the Borough code are enacted to read: 7.10.030 Hours of Sale. A. Premises licensed under AS O4.11.080 for the service and consumption of alcoholic beverages shall be closed for the sale, service and consumption of alcoholic beverages between the hours of 2:00 a.m. and 9:00 a.m., in all areas of the borough. B. All other retail premises licensed under AS 04.11.080 shall be closed for the sale of alcoholic beverages between the hours of 2:00 a.m. and 9:00 a.m., in all areas of the borough. j 7.10.040 Exceptions. This ordinance shall not apply within the boundaries of a city within the Borough where the city has enacted an ordinance -establishing or regulating the Lv hours of operation or sale of alcoholic beverages. iP/ Section 2. That a proposition shall be placed upon the ballot the next regular municipal election for ratification of this ordinance by the voters. The proposition shall read: Proposition Shall Kenai Peninsula Borough Ordinance 90-16 prohibiting the hours for retail sales of alcoholic beverages within the Kenai Peninsula Borough between the hours of 2:00 AM and 9:00 AM be ratified? Yes Section 3. That Section 1 of this ordinance shall become effective at 12:01 AM on December 1, 1990 if ratified by the voters at the next regular municipal election. All other sections are effective immediately upon enactment. ATTEST: James W. Skogstad, Assembly President Borough Clerk 1791-1991 %7 /�2 CITY OF KE "Od CaeiW oi 44a"11 210 RIQALW KENAI, ALASKA M11 TELERFIONE 283 - 7535 FAX 907-283-3014 MEMORANDUM TO: Mayor John J. Williams and the Kenai City Council FROM: Kim Howard, Administrative Assistant/ DATE: March 15, 1990 RE: Application for Lease - Wolverine Leasing Attached is a lease application for Lots 5 & 6, Block 1, F.B.O. Subdivision. It has been submitted by Doug Brewer and Thomas Thibodeau for the purpose of air taxi operations. The appropriates good faith deposit and filing fee have been received. (Lot 5 is adjacent to the property that Kenai Airport Fuel Services, Inc. has applied to lease. The City Council approved that application at the February 21 meeting.) The Wolverine Leasing application was approved by the Kenai Planning and Zoning Commission at their March 14, 1990 meeting. The minutes of that meeting should be in your packets. The applicants are aware that the Federal Aviation Administration has recommended the property be leased for no longer than 30 years. It is the Administration's recommendation that the term be 30 years. The applicants have also been provided Form 7460-1 which is required by the FAA. The applicants are aware that a building permit will be required. I have asked that one of the applicants attend the March 21 meeting to answer any questions that you may have. If the application is approved, the Administration will order an appraisal, ask for the concurrence of the FAA, and draw up a 30 year lease. Attachment cc: Wolverine Leasing /kh .60 4 4 rF4 c4RRFR 'yf* 4�0 4� S 4 qON e ICA . O. o,Fi� TRAC.. FOR Cl= USE ONLY r-` Date MCOWed CITY OF KENAI P.O. BOX SO - KENAI, ALASKA - PHONE 283.7535MW=Wt jz LEASE APPLICATION Name of Applicant Wolverine Leasing Address P.O. Box 8553 Nikiski. AK 99635 Business Name and Address Alaska West Helicopters P.O. Box 8553 Nikiski, AK 99635 Kenai Peninsula Borough Sales Tax No. pendin ( if applicable) State Business License No. pending (if applicable) Telephone 776-5147 Lot Description FBO Subdivision Lots 5&6 Desired Length of Lease open Property to be used for Air Taxi Operations Description of Developments (type, construction, size, etc.) 70x70 Hanger (Metal Wedgcor Bldg) 20'x7O' attached office to be built at latet date. Attach development plan to scale (1" = 50'), showing all buildings planned. Time Schedule for Proposed Development: Beginning Date June 90 Proposed Completion Date Sept 90 Estimated Value of Construction $ 175,000.00 Date: 3f�" AQ Signed: Date: j/57% gd Signed: 1 e BUILDING INFORMATION On this sheet submit a drawing of building planned, drawn to scale. Scale: 1" = _ 0 ft. Construction Materials (wood frame, steel building, etc.) THIS DRAWING SHOULD BE AS COMPLETE AS POSSIBLE 67 x AV a.Xx", Note: If a prepared drawing is submitted, attach to this application and disregard this page, filling in construction materials only. 3 CITY OF KENAI CHECK LIST FOR SITE PLAN-S ALL ITEMS MUST BE COMPLETED BEFORE APPLICATION CAN BE ACCEPTED Drawings should be drawn to scale 111- 50 ft.*, and must show layout of the lot applied for and the location of all improve- ments proposed. Drawings must show: 1,_-,Existin.g..buildings 2. Proposed buildings ✓ 3. Parking facilities .. (how many spaces and where located) t/ 4. Site improvements a. Areas to be cleared and method of disposal v b. Proposed gravel or paved areas C. Landscaping plan (retention of natural vegetation and/or proposed planting areas) 5. Building set backs 6. Drainage plan and method of snow removal 7. Circulation plan (all entrances, exits and on -site access) 8. Location of sign(s) - sign permit required 9. Fencing 10. Curb cuts (where applicable) 11. Building height 12. Buildings on or near the airport on airport lands must complete FAA Form 7460-1 *This does not have to be drawn by an architect or engineer. 2 Description of Property424& ,lp�AwQi1. CONDITIONS OF ACCEPTANCE (To be completed by the City) Annual rent rate or cost Zoned for �.��6! Permits required Assessments Insurance required Construction must begin by Completion date for major construction ��?�ic:✓o2 `t.�iL�� 04 c THIS APPLICATION WILL BE MADE A PART OF THE LEASE Plan_[Ling Commission Approval: By: Date of Approval 14 IM.cx.., Chair6an City Council Approval: By: , Date of Approval City Clerk 4 HAND A r 70' 9 70" -LO CVE W. LAWu FBO SUBDIVISIO KENAI AIRPORT LOTS 1791-1991 11!1✓ CITY OF KE:_ eajOdW 4 44U4af 1 210 FMALGO KiENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907-283-3014 [VVMv'pe:i;�� 1 Zi1ui TO: Mayor John J. Williams and the Kenai City Council FROM: Kim Howard, Administrative Assistant�/(�'' DATE: March 15, 1990 RE: Consent to Assignment of Lease for Security Purposes Lot 4, Block 5, General Aviation Apron Attached is a letter from the National Bank of Alaska requesting a consent to assignment of lease for security purposes for the referenced property. The lessee is C. R. Baldwin. The lease states the lessee agrees not to assign the lease without written consent of the City. It also requires the approval of the Kenai Planning Commission and final approval by the City Council. The Kenai Planning and Zoning Commission recommended approval of the assignment at the March 14, 1990 meeting. The City Attorney has reviewed the documents. He had no objections to the assignment with the exception that the recordation date of the lease is June 20, 1977, not June 29, 1977, as conveyed in the assignment. National Bank of Alaska is aware of this and has indicated it will be corrected. If the City Council approves the Assignment of Lease For Security Purposes, the City Manager will execute the Consent to Assignment of Lease for Security Purposes. /kh „�.. /ws'pgGA:JXAAM Al /,QW 196/ 0 Kw.:, Ah fm 99611-1969 0 (907)283-7561 March 8, 1990 City of Kenai 210 Fidalgo Kenai, AK 99611 RE: Consent to Assignment of Lease for Security Purpose Lot 4, Block 5, General Aviation Apron Good Morning: We are in the process of refinancing an existing deed of trust/assignment of lease on the above referenced real property and securing said loan with similar instruments. As you are well aware, we must obtain prior consent from the City to perfect this lien. Attached is a copy of our Assignment of Lease for Security Purposes to be executed by both the bank and our borrower, Mr. C.R. Baldwin. We are requesting that you review this document and provide us with written consent suitable for recording. Time is of the essence as we are unable to complete this transaction prior to receipt of your consent. We appreciate your attention to this matter. Please feel free to contact me personally should you have any questions. Sincerely, Henry D. Penney Vice President Kenai Branch Manager If' OFFICES STATEWIDE CONSENT TO ASSIGNMENT OF LEASE FOR SECURITY PURPOSES The City of Kenai, Lessor in an Agreement dated April 21, 1977, and recorded at Book 109, Page 892, covering the following described property: Lot 4, Block 5, General Aviation Apron, according to Plat #73-68, filed in the Kenai Recording District, Third Judicial District, State of Alaska by and through its City Manager, hereby consents to the assignment of the right, title, and interest of the Lessee in the above referenced agreements, for security purposes, to National Bank of Alaska. This Consent is given by the City of Kenai without waiving any right or action, or releasing the Assignor from any liability or responsibility under the aforementioned Leases, and does not relieve the Assignee from the condition requiring City approval for any subsequent sublease or assignment. Dated this day of , 19 CITY OF KENAI By: Timothy J. Rogers City Attorney CITY OF KENAI 210 Fidaipo Kenai, Alaska 89611 283-3441 FAX 283-3014 Wm. J. Brighton City Manager STATE OF ALASKA ) )ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of , 19 , WILLIAM J. BRIGHTON, City Manager of the City of Kenai, Alaska, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said City. Notary Public for Alaska My Commission Expires: 1 chy J. Rtgn City Attorney CITY OF KENAI 210 Fidalgo Kenai, Alaska 911011 283-3441 FAX 283-3014 ASSIGNMENT OF LSA & FOR SECURITY PURPOSES I C.R. Baldwin berinafter called •Assignor•, assigns and transfers to National Bank of Alaska a national banking corporation, berasafter called 'Assignee', all of its right, title, and interest under the lease agreement dated-AaLl 21. 1977 and recorded an fume 29. 1911 in SOok••1o9 at Page q92 between Citv tkf Land of i�eSOr aia ��a4�(�a„ F3Yf Ala Carvi re as Lessee, which covers the falloving described 'real property situated In the &"&j Eecordieig District Third Judicial District, State of Alastas The Leasehold Estate as created by that certain lease executed by City of Kenai and Andy's Flying Service, dated April 21, 1977 and recorded June 29, 1977, in Book 109 at Page 892 (as it affects the following described property): Said Leasehold Estate is now held of record by C.R. Baldwin, as conveyed by that certain Assignment recorded March 20, 1987 in Book 307 at Page 184. Lot Four (4), Block Five (5), according to the Plat GENERAL AVIATION APRON, filed under Plat i73-68, in the Kenai Recording District, Third Judicial District, State of Alaska. This Assignment is executed as security for repayment of $ 122,500.00 plus interest evidenced by a promissory note in said amount of even date herewith executed by Assignor in favor of Assignee. As further security, Assignor concurrently with ax®cution of this Assignment has executed a deed of trust covering the above described property, and hereby incorporates in this Assignment by reference all of the default provisions provided in said deed of trust and authorises Assignee in the event of default by Assignor under the promissory note, deed of trust or this Assignment to foreclose the security covered thereby. Assignor agrees to execute any further docemsnts necessary or appropriate to effectuate the purposes of this Assignment. Dated March 22, 1990 ASSIGNOR: C_R_ Baldwin By: C.R. Baldwin By: \ STATE OF ALASKA ) )ss. ` THIRD JUDICIAL DISTRICT ) THIS IS To CERTIFY that on this day of March , 19-2L—, before me, the undersigned, a Notary Public in and for the state of Alaska, duly commissioned and sworn, personally appeared C_R_ Raliwin to ma known to be the persem(s) described in and who executed the foregoing instrument and acknowledged said instrument to be ( his) fdes=kfAhaJ =k free and voluntary act and dead for the uses and purposes therein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and seal this day of March ,1990 .. Notary Public in and for Alaska My Commission expires: ACCEPTANCE OF ASSIGNMENT FOR SECURITY PURPOSES Assignee hereby accepts the foregoing assignment of lease for security purposes end agrees to abide by ell of the terms and conditions of the Leese Agreement dated April 21. 1977 . the CITY OF KENAI as Lessor and C. R. Baldwin by mesne assignment as Lessee. PROVIDED. that Assignee shell have no affirmative duties or obligations under the lease union Assignee takes poasssion of the leasehold to protect its security interest hereby obtained. ASSIGNEE: National Sank of Alaska By: Henry D. enney Title: Vice President STATE OF ALASKA ) ss. THIRD JUDICIAL DISTRICT) THIS IS TO CERTIFY that on this day of March before me. the undersigned. a Notary Public in and for the State of Alaska. duly commissioned and sworn. personally appeared Henry D. Penney to me known to be the Vice President of the corporation which executed the within instrument. and he acknowledged to me that he executed the same for and on behalf of said corporation. and that he is fully authorized by said corporation so to do. WITNESS my hand and official seal the day and year in this certificate first above written. NOTARY PUBLIC IN AND FOR ALASKA My Commission Expires: Division or Occupayt:ional L1cen, Wm"P.O. Box D-lIC jails - coo" of pease t wW21w. Games of Chance and Contests otJunt? a u , AK 90911 TL-1 ' 907-465 Alaske t]apaf11r1ertt of Revenue lrio",vWWtinc►aoAudit Division PERMIT APPLICATION M tZ Dolt aA Juneetl.Alaska998114400 Please read the insttvctions before completing this application. 1. NAME OF ORGANIZATION E ESTIMATED 1982 GROSS RECEIPTS KENAI PENINSULA CENTRAL LABOR COUNCIL Mailing Address - P.O. BOX 1757 City, State, Zip Code SOLDOTNA, ALASKA Check one box For definitions. see AS 05.15210 and 15 AAC 1(M,flt4MM ❑ a. Charitable ❑ is Civic or Service ❑ c. Log Mushers' Association ❑ d. Educational ❑ a Fishing Derby Association ❑ I. Fraternal 0 g. tabor ❑ h. Municipality ❑ 1. Non-profit Trade Association ❑ 1. Outboard Motor Association ❑ k. Police or Fire Department and Company ❑ I. Political ❑ m. Religious ❑ n. Veterans 4.ORGANIZED A. ❑ Corporation 13 Other 99669 3. TYPES OF (TAMES List by com- mon name if other than those listed See AS,01LI5210 and 15 AAC W&IV 1f3Q. a, 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 gamea.) Ob. Raffles 8 Lotteries 9 c. Pull -tabs ❑ d. Ice Classics ❑ a Dog Mushers' Contest$ ❑ 1. Fish Derbies ❑ g. Rain Classics ❑ h. Mercury Classic ❑ I. Goose Classic Cl 1. Salmon Classic ❑ k. Contests of Skill O 1. Marksmanship ❑ 2. Races ❑ 3. Other: (Specify) Most Recent Year Permit Number: Issued: Attach the followinq. ❑ Current Alaska membership list (must have at least 25 membei ❑ Copy of amendments to bylaws, it any 88. NEW APPUCATION Number of Years Organisation / Has Been in Existence in Alaska: Attach the following: EX. Current Alaska membership list (must have at least 25 membetsl i UCertlfied true copy of anlcles of incorporation, or if not InCoM1 f porated, copy of bylaws and national and state charters Copy of IRS certificate or letter of tax exemption Issued to non- profit orgentzations, if applicable EX Documentation showing organization has been in existence in 1 Alaska three years or more 1 Name and Mal ling Address of National Organization (if applicablek } Z Ca O (o 7. FEE. Check the appropriate box and enclose the correct amount If gross receipts from all Then the 1%8 gaming activities were: Permit Fee is: U SO-S19.999: or it you area New Applicant .......... S 20.00 LOCAL OFFICERS (must be current, bona tide members in good standing) NAME TITLE BLAKE JOHNSON PRESIDENT Cl s2,ow.$99.999.............. ... ........... $ 50.00 ❑ Sin000 or more ............................. S100.00 SOCIAL SECURITY NO. DAYTIME TELEPHONE NO. . JERRY MAY VICE-PRESIDENT JUNE KOHLER TREASURER n cn RONI PETTERSON SECRETARY FOR DEPARTMENT OF REVENUE USE ONLY Date of Receipt Sta;no Permit Number. Date of Issue: — (907) 283-7484 776-8972 262-5582 262- 1547 Financial Statement: Yes No __. New NOTICE GAMING ACTIVITIES MAY NOT BE CONDUCTED UNTIL THE PERMIT IS ISSUED. Rom a 40 INS v t (OW *" 9. DEDICATION OF NET PROCEEDS. Before a permit can be granted. the organization must plan to use the net proceeds from gaming activities for the awarding of prizes. and for political, educational, civic. public, charitable. patriotic or religious uses in Alaska. ISee instructions for specific rules on how proceeds can and cannot be spent.) In the space below, tell how your organization plans to use the net proceeds from the gaming activities. Be specific. Public Relations, Chari.tntlle Contributions 10. P,ERSON IN CHARGE OF GAMES. This must be a bona fide and active member of the qualified organization, or an employee of the municipall- ty. This petaon is responsible for maintaining the records and preparing all the required reports. An alternate member must be designated as the responsible person during the absence of the member In charge. It more than one alternate is tube designated, attach a separate sheet. A. PRIMARY B. ALTERNATE Naree DptimerwephoneNu Nam* — -- Dwitlawlilaoriareoft Blake Johnsonn 283-7484 Bill Peale 262-1547 Ma4wo Addreaa c/o . P . . . . Social Secunly No. Maillno Addle$$ 1111110, lataeelN" P.O. Box 1757 S T/- 2.y cJ'C P.O. Box 1753 267-74- 1385 Soldotna, Alaska 99669 Soldotna, Alaska 99669 11. LOCATION OF ACTIVITIES. Specify where the games will be conducted. If this location changes, you must notify both the Department of Revenue and the local government within 10 days. (For more than one location, attach a separate sheet.) Name and Street Address of Premises Daytime Telephone Na of Premises Teamsters Bldg., Plain St. Lp & Trading Bay Rd., Kenai, Ak 99611 (907) 283-7484 12. OPERATOR (if any). If an operator is employed to conduct the gaming activities, you must provide a copy of the contract with the operator to the Department of Revenue. You may contract with only one operator for each type of gaming activity. The member who has been designated above as the person In charge of the games is responsible for monitoring the operator's performance. Name of Operator Copy of Contract with Operator. ❑ Is Attached ❑ Will be sent by certified mail no later than 15 days before the activities are conducted. 13. THESE QUESTIONS MUST BE ANSWERED. YES NO ❑ ❑ A. Has any person listed In 10 or 12 above ever been convicted of, in prison for, or on parole for a felony within the preceding five years? ❑ ® B. Has any person listed in 10 or 12 above ever been convicted of a crime involving theft or dishonesty, or has ever been convicted of a violation of a municipal, state, or federal gambling law? ❑ ® C, Will any person listed in 10 or 12 above receive compensation of any kind from the receipts of the gaming activities? If yes, explain. 14. SIGNATURE. This application must be signed by the primary person in charge of games listed In 10A above. CAUTION: A photocopied signature will not be accepted. Make Sure that the original signed application is filed with the Department of Revenue. I declare under penalty of unsworn falsification that I have examined this application, including any attachment, and that to the best of my knowledge and belief it Is true and complete. I understand that any false statement made on this application is punishable by law. I further declare that two copies of this application either have been or will be delivered to the nearest city or borough office for review. Signature Printed Name Oat• 15. CITY OR BOROUGH RESPONSE TO APPLICATION. You must submit two copies of this application to the city or borough nearest to the loca- tion of the proposed gaming activities. To speed processing, please have the appropriate local government official indicate, by signature below. the community's approval of or objection to the permit. CAUTION: It this section is not completed, the permit will be delayed 15 days to allow the city or borough time to respond to this application. TH IS APPLICATION HAS LOCAL GOVERNMENT APPROVAL: ❑ Yes ❑ No(Attach..nlanatinnofohiertinni Signature of Local Govemment Olflclal Title Date Printed Name of Peron Who Signea Telephone No. i FormeaiaJv "ZIR-Willi1 NUTICE: ANY FALSE STATEMENT MADE ON THIS APPLICATION IS PUNISHABLE BYLAW. CITY OF -, l (' Am" MFW"W NOW M.NM am BEM -nu FAX 1*7-20$-W14 March 12, 1990 TO: Council FROM: John J. William Mayor I am pleased to advise you that a very informative luncheon was held at the Kenai Senior Citizens Center on Saturday, March 10, 1990. In attendance were Senators Zharoff - Kodiak, Duncan - Juneau, Adams - Kotzebue, Halford - Eagle River and Fischer - Kenai. The meeting was attended by Program Director Porter, City Manager Brighton, Betty Warren, myself and others. The subject of discussion was the Kenai Congregate Housing problem and how best to continue the lobbying effort in this matter. My observations were that the senators in attendance were very interested in the project and that the possibility exists we still may be able to pull it off. Politically speaking, it is one thing to get it through the Senate and another to manage the same task in the House. I firmly believe that the matter can be gotten through the Senate but that it will take a great deal of encouragement on our part in order to promote the same message at the House level. In looking at my schedule for the coming month of April, I note that Alaska Conference of Mayors and AML will meet April 4, 5 & 6 in Juneau. Additionally the Ethics 2000 Symposium is being held April 3 & 4 in Juneau. Since none of us were able to successfully put together a lobbying effort during the pre -discussion March 16 through 19 period, I would suggest that we schedule another effort during the week of April 2 through 6. This will not only allow us lobbying time but also allow any of you who would like to attend the Ethics 2000 Symposium to be able to do so. Give these ideas some thought and be prepared to make some final decisions with regard to travel at the March 21 meeting. JJW:jr (907) 586-1325 FAX 463-5480 John Williams Mayor City of Kenai 210 Fidalgo Kenai, Alaska 99611 Dear Mayor Williams and City Council: 217 SECOND STREET, SUITE 200 JUNEAU, ALASKA "801 February 14, 1990 C r I would like to personally invite and encourage you to attend an exciting statewide symposium, "Ethics 2000: A Symposium on Leadership Ethics in the 21st Century," which the Alaska Municipal League is co -sponsoring. The conference will be held April 3-4, 1990, at Centennial Hall in Juneau. I have discussed the program in recent "Legislative Bulletins" and a flyer will be coming out soon, but I wanted to bring the program to your attention now so you can mark your calendar and make plans to attend. "Ethics 2000" will explore many aspects of ethics for today's government and business leaders, as well as the ethical issues presented when the private and public sectors interrelate. In addition to the AML, other sponsors include BP Exploration, the University of Alaska Southeast, Juneau Rotary Clubs, Klukwan, Inc., Delta Airlines, Westmark Hotels, and Telephone Utilities of Alaska. The program will be relevant to elected and appointed government leaders at the local and state levels and to private sector leaders in for -profit and not -for -profit organizations. The program will be relevant because it will draw on Alaska's recognized government and business leaders for panelists. However, there will also be national experts. Paul Duke, moderator of PBS's "Washington Week In Review," will moderate sessions on "Business and Government Relations: A Moral Maze" and "In the Public Interest: Media and Politics in Alaska." Barbara Ley Toffler, author of Tough Choices: Managers Talk Ethics, based on interviews with 33 managers in a variety of business enterprises, will be a symposium keynoter and moderate an Alaska gubernatorial candidates panel on the issues of ethics. Other titles for the "Donahue" -type discussions which allow for audience participation include: "Ethics Laws, Regulation and Expectations"; "Leadership: Management as a Moral Enterprise"; "Taking It Personally: Acting Ethically in Unethical Settings"; "Public Officials: Ethical Dilemmas and Behaviors"; and "Developing Human Resources: Ethics and Personnel Management." MEMBER OF THE NATIONAL LEAGUE OF CITIES AND THE NATIONAL ASSOCIATION OF COUNTIES Mayor and City Council February 14, 1990 page 2 The pre -registration fee is $125; $145 at the door. The Symposium is being supported by reduced airfares through Alaska Airlines and special hotel rates at the Westm4rk Juneau and Baranof Hotels. To register, call Barbara at UAS at 789-4526. Match for additional information in future issues of the AML's "Legislative Bulletin." Ethics is a current topic locally, in Alaska, and nationally. It affects us personally and professionally, and cuts to the core of our social fabric. I am,91ad the Alaska Municipal League is a part of this program and I hope you can attend and support this statewide effort. Sincere y, Scott A. Burgess Executive Director sab2:ethltr T Symposium on Leadership Ethics Sponsored through the cooperative efforts Of Alaska Airlines Alaska Municipal League B.P. Exploration Delta Air Lines Juneau Alliance Juneau Rotary Clubs Klukwan Incorporated Alaska State Chamber of Commerce Telephone Utilities of Alaska University of Alaska Southeast Westmark Hotels 2-7 to 2-12 Section 2-7 Council: Absences to Terminate Mar.nershio. If the Mayor or a^v other councilman shall na absent fro: more than one-half of all the meetings of tha Council , _ i—quiar and special, held within any period of t _ee i3; consecut,.ve calendar months, he s al? thereupon cease to hold of-fi_a. Section 2-3. Councilmen: Removal. ha aavor cr any other councilman ray ba removed from office for a.nv cause specified by applicable state law for the removal of officers, and in t:a manner prescribed thereby, or by recall as provided in this Charter. Section 2-9. Council: Vacancies. (a) The Council, by a majority vote of its remaining members, shall fill vacancies in its own membership, including a vacancy in the office of Mayor, for the unexpired terms or until the vacancies are filled at elections as provided herein. In case no councilmen remain, the City Clerk, or in his absence, the City Attorney shall forthwith call a special election to fill the vacancies in the Council for the unexpired terms. (b) If a vacancy occurs before tee beginning of a regular filing period for candidates for councilmen, and the unexpired term extends beyond the time when the terms of councilmen elected that year begin, then a mayor or councilman for that place shall be elected at the regular election of that year to serve the rest of the unexpired term beginning at the time the terms of councilmen elected that year begin. Section 2-101. Council: Quorum, °ules, Yeas and Nays. A majority of all of the members of the Council shall constitute a quorum, but a smaller number may adjourn from day to day or .from time to time. The Council may determine its own rules. On the demand of any member, the vote on any question shall be by roll call, and the names shall be individually recorded in the journal. Section 2-11. Ordinances: Enacting Clause. The enacting clause of all ordinances passed by the Council shall be, "Be it ordained by the Council of the City of Kenai, Alaska," and of all ordinances proposed by the voters under their power of initiative, "Be it ordained by the People of the City of Kenai, Alaska." Section 2-12. Ordinances: PassageWhen in Effect. (a) A proposed ordinance shall be read, and a vote of a majority of all the councilmen shall be required for its final passage. The vote on final passage of every ordinance shall be by roll call, and the names shall be individually recorded in the journal. The C-5 (City of Kenai Supp. #52 - 8/25/89) Z some IN THE SUPERIOR COURT FOR THE STATE OF ALASKA THIRD JUDICIAL DISTRICT AT KENAI IN RE: CITY OF KENAI ) 1990 FORECLOSURE OF 1989, ) DELINQUENT SPZCM ) ASSESSMENTS. ) 3KN-90- CIV. PETITION FOR " CREE COMES NOW, City of Kenai, by and through its undersigned attorney, and states and petitions as follows: 1. Petitioner, City of Kenai, is a municipal corporation duly organized and existing under and by virtue of the laws of the State of Alaska, and situated within the Third Judicial District of the State of Alaska. 2. During the years 1973 through 1989, the City of Kenai, pursuant to state law and ordinance, constructed certain water and sewer and street improvements which were funded by special assessments on benefitted properties over a ten-year period as listed on a valid special assessment roll. 3. The assessments listed -on the ccompanying foreclosure list are delinquent because the A.4.l o been paid on or before the date due after notice of assessment and the mailing of statements to the owners of record, and have not been paid as of 1 - PETITION FOR JUDGMENT AND DECREE Timothy J. Rog*n City A11to.noy CITY OF KENAI 210 Fidalgo Kenai, Alaska %611 M-3441 FAX 293-3014 Tlrtlolhy J. Rogm City Attorney CITY OF KENAI 2fo Fldalyo Kenai. Alasks 9D611 2B3-3sst FAX 21mvlu the date of filing this petition. The assessments are payable annually. A penalty of ten percent of the assessment remaining unpaid and due was imposed from the due date. No interest has been charged on the amount of the penalty. The assessments are wholly due, owing, and unpaid to the City of gether with penalty, interest, and costs of this forec 4. Pursuant to the provisions of AS 29.45.330, a notice is being published in the Peninsula Clarion, a newspaper of general circulation in the Kenai Peninsula Borough, stating that the 1989 assessment foreclosure list is available for public inspection at the office of the City of Kenai, and has been presented to the Superior Court with a petition for judgment and decree. 5. That a copy of the foreclosure list, certified to by the Clerk of the City of Kenai and showing tracts of land in the City upon which assessments imposed and levied by the City of Kenai are delinquent as of this date, is attached hereto and by reference incorporated in and made a part of this petition as Exhibit "A". WHEREFORE, the City of Kenai respectfully prays as follows: 1. That the Court pass upon and determine the legality F�legality of . ,: r .I said foreclosure list and of any and al�,";sbments on the property therein described or shown. 2. That the Court fix its judgment and decree for the whole ammount of the delinquent assessments including interest and penalties due thereon. 2 - PETITION FOR JUDGMENT AND DECREE Timothy J. Royer City Attorney CITY OF KENAI 210 Fidetgo Kenai, Ateeke gall 203.3441 FAX 2".vm. 3. That the Court make an Order directing the several tracts of land in the foreclosure list described, upon which the assessments have not been paid, be foreclo DRAR nsferred to the City for the lien amount. 4. That the Court direct the Clerk of the court to assess proportionately the costs of publication of the foreclosure list land of their proceedings to the several tracts so foreclosed so (that each tract shall bear its proportionate share of such costs. 5. That this Court award the petitioner a reasonable attorney's fee, to be so proportionately taxed, as well as such further relief as to the Court may appear just and equitable. 6. That the judgment of this Court agains h'ti a.. el of land shall be several and shall bear interest at the rate of 10.5 percent from the date of entry thereof. DATED at Kenai, Alaska, this day of March, 1990. CITY OF KENAI f" ` By, Tim I.Roger Ci y rAttorney 3 - PETITION FOR JUDGMENT AND DECREE CITY OF KENAI 1990 SPECIAL ASSESSMENT FORECLOSURE LIST NOTICEt IRIS WNCIAL ALIT lR1 CL i List MET&= 006I191' ASSESS FOR THE YEARS It" am PRIOR 11428. 29IS KISS' IS "AILAWA FOR INSPECTION AT THE CITY CLUXK' S OFFICE J' 214 FIQUAD , XMIt ALASKA, 99611. THIS LIST IS A1I.AO AVAIL FOR . i Itlit AT '22i COURT CLEEE' S OFFICE AT 14S MAIN 14M, 8 s . 996 11. N8S3 CITY OF KENAI RAS FILED IN TWO FOR C R D tv, MET M .?SNYCUL DISM3r, 0 91" 1 OF ALASKA, A CZYMMUD COPY Of TRIS SPECIAL AS8=2115NlT LIST FOR TEE CITY OF KENAI FOR TEE YEAR 1969 AND PRIOR YMM, TOORTMER WITH A PETITION FOR A JUDGMENT OF FORECLOSURE. TOTAL 189 PENALTIES PRIOR AMOUNT OWNER PARCEL 0 LEGAL DESCRIPTION ASSES i INTEREST YEARS OWED Buckingham, Jan (Huf) & David 4503016 Kardinal Sub. Lot 3, Elk 1 $ 103.95 31.72 -- $ 135.67 Johnson, Thomas A. 4504004 POR Gov. Lot 9, Sec. 33 81,343.03 vvwp "103.53 411u.UX y1, Holmes, Lowell c/o A.L. Sarles 4523006 Beluga Sub. Lot 3, Elk 3 $ 18.60 $ 71.36 -- $ 89.96 Denali Federal Credit Union 4303020 Russell Sub., Lot 2 $1,163.91 $ 154.68 -- $1,318.59 Denali Federal Credit Union 4303021 Russell Sub., Lot 3 $1,163.73 $ 154.66 -- $1,318.39 Chen, Rose 4930020 Sungate Park, Lot 20, Elk 2 $ 133.99 $ 19.S3-- 5 .22 rhon_ Anew •r 4930021 quncate Park. Lot 21. 81k 2 S 124.19 $ 18.14-- 142.33 Vernon Loftstedt 4714042 Redoubt 14, Lot 34, Elk 4 S 646.2b 4i lu.su *DJA .44 11,467.Lv Jerome A. Near Vernon Loftstedt 4714043 Redoubt 14, Lot 35, Elk 4 S 642.93 $ 10.44 $828.14 $1,481.51 PAGE ONE OF TWO TOTRL 199 PENAIRIM PRIOR ANOtINT OWNER PARCEL # LZOAL DESCRIPTION ASSES i INTEREST YEARS OWED KMIC Development c/o Michael Rosenberg 4320023 Lot 4C, Alyeska Sub., Resub. $ 228.80 38.41 -- $ 267.21 KMIC Development c/o Michael Rosenberg 4320024 Lot 4D, Alyeska Sub. $ 208.90 5.08 -- $ 243.98 I, Janet Ruotsala, the duly appointed City Clerk for the City of Kenai, Alaska, do hereby certify that to the best of my knowledge and belief, the foregoing Special Assessment Foreclosure List is a true and correct roil of the delinquent assessments of the City of Kenai for the years 1973 through 1989. DATED: This day of March, 1989. Janet Ruotsa a, City Clerk PAGE TWO OF TWO Z -y 1781- iWl CITY OF KENAI 10d Gar" 014"„ 210 FIDALGO KENN, ALASKA 99611 TELEPHONE 283-i5M6 FAX 907.283-3014 March 21, 1990 TO: Council FROM: Janet Ruotsala, CMC a City Clerk This letter is to formally submit to you my resignation from the City of Kenai. I would like to make the resignation effective June 1, 1990; this would complete the budget process and the August elections would not be started yet. I will be able to assist with the hiring and training of a replacement. I feel a loss in leaving the City after ten years - I have enjoyed my relationship with the Council, Administration and the public. But I look forward to many future projects within the City and the State. Thanks to all of you for making my stay at City Hall an enjoyable one. 3r 1791- IMI z -y CITY 4f KENAI ea aiW 4 4" 210 FIGALGO KENAI, ALASKA 9"11 TELEPHONE 283.7535 FAX 907-283-3014 TO: CITY COUNCIL FROM: BILL BRIGHTON, CITY MANAGER DATE: 9&f4E-tS9' 3-16' q0 SUBJECT: TELEPHONE POLL - REPAIR OSHKOSH SI+TMLOYMR KENAI MUNICIPAL AIRPORT The Kenai Public Works Department requests Council approval to issue a Purchase Order to Sahlberg Equipment in the amount of $2,900.86 for repair parts for the Airport OshKosh Snowblower. (Lube pump went out and caused a failure to the shaft, gears and bearings) Authorized By: I ._ it J. lQrjghton City nager Funds are available in account no. 001.32.2023 Charles A. Brown, Finance Director Attest: J t Ruotsala, City Clerk Yes No Mayor John Williams x Ray Measles �. c*-� ��� Kevin Walker Hal Smalley X Linda Swarner Marj O'Reilly X Chris Monfor i� .LN FD - / Xzmu Comnzwuty Zd tat y A PUBLIC LIBRARY IN SERVICE SINCE 194E BOX 157 KENAL ALASKA 99611 REPORT FOR THE MONTH OF FEBRUARY 1990 Circulation Adult Juvenile Easy Books Fiction 420 127 396 Non-fiction 817 121 95 Total Book Circulation Films, Phonodiscs, Pamphlets, Periodicals Total Circulation Additions Adult Juvenile Easy Books AV Gifts 90 12 3 19 Purchases 162 24 38 14 Total Additions Interlibrary Loans Ordered Received Returned Books 29 54 50 AV 25 25 25 Interlibrary Loans by our Library Books Films AV 9 - - Total 1976 291 2267 124 238 362 Volunteers Number .. 26 Total Hours .. 435 Income Fines and Sale Books 623.70 Lost or damaged Books 86.65 Zerox 331.35 Total Income for February 1990 .. $1,041.70 Xzmai tffommunay Zd=Ty A PUBLIC LIBRARY IN SERVICE SINCE 1949 BOX 157 KENAI, ALASKA 99611 Library Cards Issued February 1990 Kenai 103 Anchor Pont 1 Clam Gulch 1 Cooper Landing 1 Homer 2 Kasilof 4 Nikiski 12 Soldotna 122 Sterling 21 267 Library Patronage .. 5,993 Persons ... r Al r0 TO DO LIST March 7, 1990 KENAI CITY COUNCIL 1. K. Kornelis - For 1990-91 Budget - Cost of manpower and equipment to clear berms from driveways. 2. B. Brighton - Meet with Peninsula Oilers representatives re/paying assessments on Candlelight/Linwood. 3. J. Ruotsala - Send non -objection to ABC re/The Rig, Kenai Joe's, Italian Gardens. Postpone Little Ski-Mo to 3-21 meeting. 4. K. Kornelis - Copy of landfill material to Assemblywoman Glick. 5. J. Ruotsala - Schedule work session for 6:30 PM, 3-21 re/landfill. Invite P&Z. 6. T. Rogers - Draft letter of objection re/subsurface rights for City properties for 3-21 meeting. 7. Council on Aging - Work with Administration to rewrite by-law amendment regarding meetings. 8. T. Rogers - Add amendment to Keen 'Eye Video contract re/sales tax. 3r I:N F0 3 CITY OF I % %Od 62ajadal 4 4ia44a 11 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 293 - 7535 CITY OF KENAI BACKGROUND AND PERSONAL DATA - CANDIDATES FOR APPOINTMENT TO COMMITTEES AND COMMISSIONS NAME Resident of City of Kenai?_/L10 How long? Mailing Address 6; Tel. "721%(p-�..•Z�J� Bus. Address Tel.` Presently em loyed by _ Job Title Name of Spouse Current membership in organizations: Past organizational membership: V 6L)A) 9 aXt*L4 C-RAJS Committees interested in: g_ o� C3, N a,,71ncouxle. t5S r Z121iq�N Si 0 CiTrle 04Y Ito 9,p . Z/VFO-i` CITY OF k eap� 4 210 FIOALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 CITY OF KENAI BACKGROUND AND PERSONAL DATA - CANDIDATES FOR APPOINTMENT TO COMMITTEES AND COMMISSIONS NAME P_BAR C • G{ I f� TES? S Resident of City of Kenai? How long? Mailing Address f_� �� %, �� Tel. Bus. Address 0:5Z(Q-3 +Pu'r Tel. Presently employed by %:5e_/7- /lae, lS 11,'i?:S�ct�4 Y/%/7)t7W Job Title Name of Spouse /p �5 "_ 7a' °S Current -membership in organizations: Past organizational membership: Committees interested in: l /I/7)/Ic, //i Q3/U5-19d Resourm Dovetoapownt council Box 10 616, Anchorage, AK 99510 RDC urges Congress to delay action on bill The Resource Development Council has urged Congress to delay action on legislation that would radically reform log rq � - iperations in the Tongaass National Forest until a rovised die- merit plan is released this spit. In a letter to Senator Isnnett Johnston (D-LA) and other members of the Senate Energy and Natural Resources Commitliee, RDC Executive Director Beckyt Gay said "we implore yoiu towithhidld consideration of this oontrworsial leq,�lation until you aod your colleagues have had an oplplb"ityw to irovww r4witilorm oill contained +Arith n the Tongass Laud Management Plan." The information, which will rolled changes in public voluft market conditions, knowiledgiM in forest marnagernent ac*Aiea and' resource interrelations, will bwcp t abpkrt June t . The Tongass Land Mart ement !Flan (TLMP) is being roviised' to address public issues within the current economic and pltiNtiod climate. When oompleled,the roolsedplianwillguldofutureacthrides on the Tongass. The plan was developed to provide workable solutions for the many complex management priems on the nuetion's largest na- tional forest. TLMP considwmi all forest resources. Community stability, logging, WiideYr^nessdesignations and the effect of activi- ties on wildlife and fisheries wnire major concerns addressed in the plan. Millions of dollars have been spent to gather and analyze new information on the Tongass. (continued on page 6) WETLANDS • MMOA Is implexonted .......................2 • Altllsiicans rally..w......................«w....«..'.'yI • we AODFOISOOAVECWN FAMES M V i30go lma,ke -lohn•,J..•-Wi11ialas City of Kenai 210 Fidalgo Kenai, AK 99611 7er�« Thousands of Alaskans arse directly employed on e y ear -round basis bythe timberindusttyandmanycommunities depeW directly on the in4rstry kw their survival. under the existing management plan, 90 pit of lute tongass wV nevotbe logged. Reforms would create new 4W*moss areas, rasiOrrg in a furtherroduction in the avadable tirmal w base. Li ling in... Denis Hayes, director of the first Earth Day (1970) and chair- man of Earth Day 1990, was recently in Anchorage to speak at the Alaska Environmental Assemblycorderence. He shared his thoughts about the environmental mpelrrlttartt, some of which I thought usl to pass on to you. Hayes delineated global problems facing the planet, the "dis- tant threats of climate shiileo-boawndiery shifts and oceans rising, with an eye towatkdanticipeft andavokl t19 #lose ills. This hoo lallad his "self -undoing hypothesis` in which you describe the future with such horrorthat people are motivated into doing something about it." He joked his hypothesis was the mirror image of self-fulfilling prophecies w the added problem of IN successful, your credibil- ity diminishes" since the supposed' 0huKled event never Aires place. He chastised the environmental movement for "over -depend- ence on goyeimment," sayinig tlf' at for "every, dollar raised, 99 cents were used to irdfuencea, aac'lid ins which Hayes called "heroic mist iMle(s)" in sporonillf, 'Ist sing l be did not elaborate. te. I assumed the criticism itidkob'd a hyper legal expenditures creatod by the plethora of lamiltuils, brought by most of the groups reprle sented in the audience. Hayes also said the environmental movement "had not asked enough of ourselves and our supporters. Too much finger -pointing and not enough kK*ing within at irtdlividual lifestyle changes" were criticisms he cited. Hayes added, "You can't build a movement with people who just write checks. You must have people who have congruence between articulated principles and their behaviors." Hear, hear. Hayes asserted there are 10 million "card-carrying environ- mentalists" even after accounting for duplicates among the groups and causes. He felt their nextthrust should be to increase member- ship wffh more minorities, fannws and organized labor. He ad- dressed the in eed to diversity and pull constituencies together for the opportunity, nearing, which, as he sees it is 'the inflection point in history, the environmental moment" of the 1990s. Of course, achieving the snvitsonmental movement's goals is "not esiy, chisap or painless.* as Hayes noted. With regard to fundirt, an oblique teftrwm to a'peace tt'ividilnd" was offered as a solution for costly advances. To the uninitiated, it sounded suspi- ciouslylbre transferring Pentagon budget cuts directly into environ- mental progw'a ms, but surely there is more to his approach than reallocatirig 00 federal budget. Overall, Mr. Hayes drew a thought-proveking picture of the environmental movement, its history, its successes and its failures. Otherthan being President Reagan foralmoosteverything bad that happened in the lastdecade, ft speech was insightful. It ended as a recruiting speech, although it was a classic example of "preaching to the choir." As responsible developers and producers of resources, RDC members should actively enhance basin own outreach program to individuals who, in many cases, thirds like just consumers. Try to help your environmental friends become more open-minded and to take a conservation interest in their own lifestyle, not just yours. Practice what you preach and set an example. It's still good advice. Aft 41=10��� 'I .M1'Nr1Q il ilf'at'I fCt The highlywoprrlrovetslell s agrilaeme0l between tole hnwnran- mentei Protiecl wn Ag rt *Wtlhe'4eirpq of Engineers iw "t into effect this month folloNei l Moo fame In to impiemen' anion. The MornorantuM Of'' ' ' . � meat (MIDA), which "Ihas Win bitterly opposed by Alaskans b0inigressil lrral l le+gation and'the Date of Alaska, will lie used nattaq►dlwida in eriefrae ng permit apoiceilions to build on rirhands. Acpordiing to Senator FrOAK Murkowski, the new MOA does address some Alaska coin expressed to t'he White Houser and the EPA,. MurkowskibellevesithaMOA is moxeflexible thanthe origi- nal orhe. The Municipality of Anchorage, the State of Alaska, ARCO and two regional native corporations, Doyon Ltd., and Arctic 'Slope Regional Corporation, ham Filed complaints against the original MOA. In addition, cornimemiltiee across Alaska have flooded the White House with resolutions opposing tyre MOA and expressing concern over the no net lose of wands policy. TheResoorceDewelopment CI'bAlas yiesPresident,.11 ";T lar est knded n s r ' meat o g w o frin :ill 5 flelr ` ' Treasurer. ' 4i. ; ral resources in an orderly mumr aped b errafel a Pa t PTBSrdent "'" ww •i broad -based, diversified dmrwnajr i t witledido and enhancing the emkoraeenl Executive Execuliee commillles ONONO ; Public Relaliptq MOO President ..... ..................._. t.. F, Pete tdetTo Member SoviDsf✓Yld�tti Vice President ................ �Iqe %bell! Projects Cdlorglnp 4.3 "'' dStafiAsslsbnt«l1.� Previously, the MOA implemented rigid sequencing ending with required mitigation. Restoration of an acre of wetlands for every acre developed would have been required in most cases. The lan- guage was too restrictive and would have seriously hampered any new private or public development on wetlands in Alaska, a state where most remaining developable lands are considered wet.. The latest version of the MOA now recognizes there are areas of the country where wetlands constitute a majority of the land type. In those areas, according to the modified MOA, minor losses of wet- lands rpay not require acre -for -acre mipgaltion. Under the modified agreement, when determining whether mitigation is required, the Corps and EPA would consider the importance of the wetlands to be developed, the effects of the wetland loss on the ecosystem and whether nearby wetlands are already protected. (continued on page 7) . ..,,Jahn FoMkia : weeore+ee NevMw is the official monthly publica- CL....... Easy GilbreM ; rr Council, I�ox :....... try muI r� tar ; .(9907)) 2* ..r...+ ..............i,Shelbyl y�tny sU, ..,i aI/.�G Shd,.S* 2K � :; , i • ; :! %prdt0ltl�A. :i. .w• ��l�wrr':. , a ,r+:.. , . :::::' : , : z« Ilif�eri 11lGltl` lr be arptleti>rrl Asst '.Nim Mel,liiu Paoe 2 / RESOLJRCF RIIFVIFW / FRhnlAry 1 NO Expert of forest products gets record ts o th 9 resident Y, A recent news release from the U.S. Forest Service reveals that Alaska's forest Industry exported a record $612.6 million worth of logs, pulp, lumber and wood chits in 19f1l9 as a result of high demand, industri i expansion and a continuing rise in prides and value of wandproducts. In fiscal year 1'g8+3. Alaska exports rose 29 percent over 1988 which was also a record year. The value of forest products exported has increased by 300 percent over the last four years from $204.5 million in 1985 to the current $612.6 million. Log exports scoounW for $310 million in foreign sales in fiscal 1989 while pulp accounted for almost $28 million, lumber $71 million and`t63 million in wood drips. In addition to value increases, the volume of Alaskan logs, pulp and lumber exported rose dramatically in 1989. Total harvest in Alaska exceeded one billion board feet for the first time ever. Just under 630 million board feet of logs were exported to foreign markets. The volume of lumber processed in Alaska before shipment increased 20 percent over the previous year. Most of the lumber and pulp production came from Southeast Alaska and the Tongass National Forest. These numbers reflect a big turn around in recent years of foreign timber markets. This all is good news for Alaska's recovering timber industry, but it comes when Congress is about to act on legislation that could severely hinder new logging in our nation's largest national forest. H.R. 987 and its Senate clone would gut timber operations and lock up more of the Tongass into Wilderness designations. Already two-thirds of the commercial timber is off-limits to logging. Only 10 percent of the Tongass will ever be out. Yet thepreservationists want more. Your help is necessary to turn the events in favor of balance and wise use. I urge you to stand up for wise use. Together we can make a difference. Alaskar�� unify try fight wetlan¢I� policy "No net loss cuts across every industry... It Alaskans opposed to the application of a federal no net loss wetlands policy in their state swamped Bush administration officials with post cards which call for federal agencies Involved in the wetlands policy to account for the unique circumstances and needs of Alaska. The massive campaign was initiated in early December by the Resource Development Council and the Alaska Miners Association. Since then, stacks of pre-printed post cards have arrived each day in the offices of key administration officials involved in the wetlands plan. The Anchorage Times, which in its editorials argued that the wetlands policy would devastate every sector of Alaska's society, boldly jumped into the campaign December 31 by including the postcards in its afternoon editions. The response from Times readers and members of the RDC and AMA has been overwhelm- ing. The post cards were so numerous they were measured not by numbers, but by pounds, according an administration official. The avalanche of post cards left its impact on Washington where administration officials recently showed sensitivity to Alaskan con- cerns in delaying, then making revisions to the objectionable memorandum of agreement. RDC kicked off its statewide post card campaign in early i'" ^ecember by distributing thousands of cards to business leaders end dozens of communities. A public education campaign was launched in October and a community outreach program was in full swing by November. The Alaska Wetlands Coalition was formed, an organization chartered with a single -purpose and joined by munici- palities, native corporations, organized labor, businesses and re- source companies committed to proper implementation of a wet- lands permitting program. The wetlands battle has become an uplifting and unifying rallying point, bringing Alaskans everywhere together in a common cause. "Not since the fight for statehood have so many Alaskans from all walks of life mobilized under a common cause," said ROC President Pete Nelson." "This is the one issue that can take us all down the tube simultaneously," said RDC Executive Director Becky Gay. "No net loss cuts across every industry and public and private project in this state. If no net loss were to be rigidly applied to Alaska, a state where almost all remaining developable areas are wetlands, all projects, private or public, would be in jeopardy." The most recent and vocal opposition to no net loss has come from communities across Alaska. An estimated 98 percent of all Alaskan communities are located in or adjacent to wetlands. In many of these communities, few or no non -wetland development alternatives exist. Others opposing the new interagency goal of no net loss include Governor Steve Cowper, Alaska's congressional delegation and the entire Alaska Senate and House. In addition, the Municipal- ity of Anchorage, the State of Alaska, two native corporations, and an oil company have filed suit against a Memorandum of Agreement implementing no net loss. Labor unions, utilities, ports, timber companies, and other businesses have also shown strong opposi- tion to no net loss. February 1990 / 'RESOURCE REVIEW / Paoe 3 Alaska Wetlands s ... What does "no net loss" of the nation's wetlands really mean? Basically, it is a zero -tolerance policy applied to a biological situation. Rather than minimizing loss, it means that for every function or value in a wetlands that is last, there must be an equal replacement of that fmictlon or value somewhere else. Why are Alaskans so upset about a potential no net loss policy? First of all, Alaska does not contribute to the nation's overall wetlands loss. In other words, Alaska is not part of the problem. The no net loss goal stems from the loss of 54% of the wetlands in the contiguous United States. Unlike other states, Alaska has an exemplary wetlands preservation record. Approximately 99.95% of its wetlands have been preserved, only 80,000 of 170 million acres have been utilized since 1867. The federal and state governments own 88% of the total land mass of Alaska and both engage in extensive regulatory processes before development can occur. Moreover, not all wetlands are alike. There are high value and low value wetlands. Everyone agrees that minimizing the loss of high -valued wetlands is important. Utilizing wetlands is also impor- tant. An estimated 98% of Alaska's communities are built on or adjacent to wetlands and most expansion is impossible without utilizing some wetlands. Despite significant losses in the contiguous United States, Alaska wetlands are not endangered from a quality or quantity perspective. It's ironic and unfair that the greatest impact of a national no net loss policy will be in the one state that does not contribute to the problem. And worse, stopping development in Alaska will do nothing toward solving the actual wetlands problem where it exists. Alaska has special land characteristics that are unique to the state and requires special consideration in a wetlands policy for the nation. Yet the federal government still may apply no net loss to Alaska. What this means is that if you build on an acre of marshy ground, anywhere that requires fill, you could be required to replace that acre, either by paying to restore and rehabilitate damaged wetlands on -site or off -site. A no net loss policy in Alaska could throttle community expan- sion and new development projects. The federal agencies could require costly "off -site mitigation," paying to restore or preserve wet- lands elsewhere, as a condition of a federal permit. This applies regardless of ownership, including private lands. Contiguous USA: Wetlands status Wetlands present before settlement: .......................................................... 215 million acres Wetlands remaining in 1975:........................................................................99 million acres Total wetland reduction since settlement: .................................................. 116 million acres Average rate of loss per year, 1955-1975....................................... 400,000-500,000 acres Average rate of loss per year, by 1980:..........................................................275,000 acres Wetland losses from agriculture, mid -1950s to mid - 1970s: ....................11.7 million acres California wetland losses: .......................................................................... 4.55 million acres (91 % lost) Alaska: Wetlands status Wetlands present in 1867:............................................................................................................170 million acres Alaska wetlands lost from all development: .......................................................................... 80,000 acres (0.05%) Wetlands remaining in original condition: .................................................................................. 169.9 million acres Percent of Alaska wetlands lost since 1867:................................................................................................. 0.05% Areaof Alaska: .......................................................................................................................... 375.3 million acres Non -mountainous area which is wetland: .............................................................................................. About 74% Percent of entire state which is wetland: ................................................................................................ About 45% Alaska wetkend reductions from all petroleum -related operations (includes exploration, production, support and transport to markets)................................................................29,680 acres Percent statewide wetland reduction from all petroleum -related operations: ................................................... 38% Page 4 / RESOURCE REVIEW / February 1990 Conservation Systems National Park System National Wild & Scenic River System National Forest System National Wildlife, Refuges Bureau of Land Management Total of federal Conservation System Units State Park System Spate Forest System State Game Refuge System State Came Sanctuary System State Critical Habitat System Total of stato Conservation System Upfts Wetlands protected In CSUs Total wetlands In Alaska % currently protected in CSUs = Source: Robert Senner & Company and RA Kreig & Associates 0 .Jp—i-44' . Total Area (acres) 52,841,133 457,000 22,869,467 73,553,172 2,220,000 151,940,772 3,050,991 2,057,000 1,065,388 93,568 841,940 7,108,687 Wetlands Area (acres) 12,372,846 176,250 5,603,650 41,228,620 544,000 59,925,366 408,493 374,700 932,573 8,870 685,682 2,410,319 Wetlands as % of total acres 23% 39% 25% 56% 25% 39% 13% 18% 88% 9% 81% 34% 62,335,685 acres 170,000,000 acres 36.7% Alaska Conservation Units This map shows Alaska's major state and federal conservation units, which account for about half of the land in the state. These units include wildlife refuges, parks, forests, and recreation areas. In fact, Alaska has 62%of all federally designated Wil- demess lands. Much of the land outside of these conservation units in Alaska is considered wetlands under the broad federal definition. Fohniary 1QQn / RFC(ll IR(:F RFVIFW / Pana r. ustwun u.. d er fire ., Major reforms could threaten Southeast Alaska economy (continued from page 1) Last summer the U.S. House voted to radically reform logging operations in the Tongass. The House bill strips the Tongass and its resource -dependent communities of multiple -use protections guaranteed in the 1980 Alaska National Interest Lands Con- servation Act (ANILCA). The legislation voids federal timber contracts, substantially in- creases Wilderness designations and guts the compromises and economic guaran- tees that were negotiated as compensation to the local communities for anticipated losses and economic damage caused by ANILCA. Alaska Governor Steve Cowper and the state's congressional delegation voiced strong objections to the House reform legis- lation, but their pleas were largely ignored by congressmen pressured by powerful environmental groups. The House bill, HR 987, will meet one of two bills brewing in the Senate Energy and Natural Resources Committee. Sena- tor Tim Wirth's (D-CO) S-346 is similar to the House -passed Tongass bill, but Sena- tor Frank Murkowski (R-AK) favors S-237, which retains community, economic and multiple -use values while addressing con- cerns in Congress. Preservationists and some congressmen say they will press for early passage of a bill in 1990. In the mean- time, up to 10,000 jobs in Southeast Alaska hang in the balance. Despite the economic hardships that would occur through passage of radical reforms, preservationists claim such reforms are necessary. They describe the multiple - use goals of the Forest Service as subsidies and wasteful to taxpayers. They claim log- ging is threatening fishing, tourism and wild- life. State and industry officials hotly con- test these claims, noting that timber is a renewable resource and that logging has an annual return of over ten times to its region. The timber program pays for itself through timber receipts and federal income taxes. Long-term timber contracts helped develop New ilegistation would abolish timber resource oonftas in the forest and eliminate the annual harvest goal. and strengthen the Southeast Alaska econ- omy. Thousands of Alaskans are directly employed on a year-round basis by the timber industry and many communities depend directly on the industry for their survival. As for environmental considerations, logging operations are strictly regulated in the Tongass and only seven percent of the forest is scheduled for timber harvest under the current management plan. Ninety per- cent of the Tongass will never be logged. Nearly 40 percent of the region is already set aside in Wilderness designations. Of the commercial forest land in the Tongass, one- third is closed in Wilderness, anotherthird is reserved for other values and one-third is harvestable on a 100-year rotation. Southeast Alaska's other two major industries, fishing and tourism, have grown and continue to grow along side the timber industry. In 1989, commercial fishermen in Southeast Alaska had their largest catch ever, producing three times as many fish in one year as they did in the 1950s before the timber industry was established. The House legislation and Wirth's Senate bill would abolish timber resource contracts in the forest and eliminate the annual harvest target goal. Currently the Tongass timber harvest only averages about half of the sustained yield rate. The bills would also increase the des- ignated Wilderness block in the forest, with- drawing 1.8 million acres from multiple use. Currently 5.4 million acres of the forest are designated Wilderness. The new legislation would increase the percentage of Wilder- ness to nearly 50% of all lands in the region. Hearings on the Tongass are approach- ing and it is important that members of Congress hear from RDC members on this issue. Key Senate Energy and Natural Resources Committee members are J. Bennett Johnston, Howell Heflin (D-AL) and Jay Rockefeller (D-W.VA). Other commit- tee membertwho need to hear from you are Dale Sumpers (D-AR), Wendell Ford (D- KY), Jett Dingaman (D-NM), Kent Conrad (D-ND), Mitch McConnell (R-KY), Mark Hatfield (R-OR), Pete Domenici (R-NM), Malcolm Wallop (R-WY), Don Nickles (R- OK), Conrad Burns (R-MT) and Jake Garn (R-UT). Write: Honorable , U.S. Sen- ate, Washington, D.C., 20510. All senators may be called at 202-224-3121 or faxed at 202-224-6163. Page 6 / RESOURCE REVIEW / February 1990 RDC 1990 legislative priorities & concerns Capitol Concerns by , Debbie Re inwand Y1,. Projects Coordinator i..,, Nr, at*.1:. There are a number of trills pending in the last session of the 16th Alaska Legislature that concern RDC and its membership. These bills range from resour cs and economic development meas- ures, to restrictive land management plans, to bills that affect resource businesses. Since it is an election year, there is an abundance of legislation pending that bears watching - particularly the myriad bills that would establish additional state park land and wilderness areas. In addition to the bills listed below, RDC continues to follow its priorities established in 1989 - an act establishing forest manage- ment agreements; a "no more Wilderness" resolution; stable busi- ness environment; and ANWR support. In particular, RDC is following: HB 409 - An act relating to the reform of certain environmental conservation laws and the administrative penalties for their violation This bill would give the Commissioner of the Department of Environmental Conservation sweeping authority to slap fines of up to $25,000 a day on alleged violators of state environmental law. Existing law already gives DEC authority to enforce the state's laws — problems in the past have been with application, not the enforce- ment statutes. The bill changes the procedures followed in non - Wetlands agreement... (continued from page 2) The changes regarding mitigation are outlined in a five -page "notice," presumably meant to clarify the intent of the MOA. The MOA as originally proposed mandated a rigid, three -step sequencing process requiring avoidance, minimization and then compensatory mitigation. Builders would first be required to avoid using wetlands and then minimize development on wetlands for those projects that move ahead. Finally, for every acre of wetlands that is disturbed, a minimum of acre -for -acre replacement would be required in most cases. The most significant change in the latest version of the MOA is a provision that relaxes the avoidance/minimization/mitigation proc- ess when a project would result in insignificant environmental losses. The notice provides that "the MOA will be reconsidered in light of development of a comprehensive no net loss policy." Presumably, the Domestic Policy Council (DPC), a presidential task force that is formulating the national wetlands policy, will be the agent of change in the MOA. Alaska's congressional delegation and the State of Alaska hope the DPC recommendations will account for the unique circum- stances and needs of Alaska in the national wetlands policy. emergency situations, allowing DEC to issue an arbitrary compli- ance order that deprives businesses of their right to due process. The business must comply immediately with whatever DEC says or face civil and criminal prosecution. This bill affects all industries - timber, fishing, tourism, mining, retail ventures and the general public. Concerned members should testify against this bill. HS 346 - Establishing the Yaketaga State Game Refuge Introduced by the House Resources committee, this bill would designate the Yakataga State Game Refuge, from Cape Suckling to Icy Bay, southeast. of Cordova. A restrictive land management plan, the game refuge would prohibit most resource development proj- ects. RDC opposes HB 346. SB 2 - Addition of (land to Kschemak Bay State Park and Kachemark Bay State Wilderness Park This bill would add further wilderness land to the Katchemak Bay State Park. There are provisions for construction of a commer- cial lodge, one or two public use cabins and trails on Nuka Island. RDC opposes SB 2. SB 345 - Relating to delay and cancellation of lease sales under the oil and gas leasing program Sponsored by Senate President Tim Kelly and Sen. Arliss Sturgulewski, both R-Anchorage, would restrict the avenues under which the ON commissioner could cancel oil and gas leases. RDC supports SB 345. SB 430 - An act establishing the Susitna Remote Recreation Area Proposed by the Susitna Valley Association and the Alaska Centerfor the Environment, this bill is sponsored by Sen. Pat Rodey, D-Anchorage. This bill would encompass 3/4 of the land proposed in the Susitna State Forest, and would put much of the land in a restrictive management plan. RDC opposes SB 430. After weeks of tough negotiations, Alaska has won some concessions in the wetlands agreement, but serious reservations remain about the MOA and the evolving policy. At press time, RDC and other organizations were studying the MOA and the substance of the modifications. However, the notice makes it clear that the DPC will at least reconsider the MOA as it strives to develop a national policy on wetlands. After numerous meetings with senior members of the Bush administration, Alaska officials in Washington, D.C. now believe that Alaska's unique wetlands situation is better understood by the principals of the DPC. Yet while some progress has been made, there are still many hurdles to overcome in the formulation of the national policy. One is to ensure that the DPC considers the challenges posed in Alaska where a high proportion of developable lands are wetlands and where technical and non -technical chal- lenges exist regarding compensatory mitigation. The Resource Development Council is closely monitoring the ever -changing events in Washington. With the question of how to achieve no net loss now in the DPC's court, RDC and the Alaska Wetlands Coalition will work vigorously with state and federal officials to see that Alaska's concerns are addressed. 9:QK11 n, 1non I oeenf lore OCIAMAI , o___ Congress needs to hear from RDC members Congress needs to hear from you! Legislation on the Tongass National Forest is coming to a vote in the Senate and an estimated 6,000 to 10,000 multiple -use jobs hang in the balance (see newsletter feature story). Please help RDC give its multiple -use message to Congress by submitting official testimony for hearings scheduled over the next couple of weeks. The preservationists have a goal to get their bill through quickly. As a result, urgent action is required. Send your official testimony (see below) to both of your senators immediately. Also send a copy to Senators Dale Bumpers and Frank Murkowski. If you can, send a separate note with a request that the Senate Energy and Natural Resources Committee support 5-237 and oppose 5-346 and HR-987. Write: Honorable , U.S. Senate, Washington, D.C. 20510. All senators may be called at 202-224-3121. Fill in and mail your official testimony today! detach Senator Dale Bumpers, Chairman Public Lands, National Parks and Forests Subcommittee Senate Energy and Natural Resources Committee SD-308 Dirksen Senate Office Building Washington, D.C. 20510 Dear Senator Bumpers: I wish it known to Congress that I support the concept of Tongass Community Alternative S-237 authored by Senator Frank Murkowski. It favors the retention of community, economic and multiple -use goals. New information in the Tongass Land Management Plan, due out in late spring, should be considered before Congress votes on S-346/HR-987. It will set a dangerous precedent if Congress ignores the millions of dollars and thousands of man-hours and public comments already invested in the Tongass Forest Plan. Please consider this as my personal testimony against the proposed Tongass Reform Act (S-346/HR-987). Please include my testimony in the official record for S-346/HR-987. Signature Print Address City State Zip KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING February 6, 1990; 7:30 p.m. Borough Administration Building Soldotna, Alaska - A G E N D A - Page Number A. CALL TO ORDER 1 B. PLEDGE QF ALLEGIANCE C. INVOCATION: Rev. Ted Inabnit, f'212g293d. ✓` Soldotna Bible Chapel D . ROLL CALL y' U,� E. VACANCY, DESIGNATION OR SEATING OF ASSEMBLYMEMBERS, 7 =` 1 ` F. APPROVAL OF MINUTES: January 16, 1990, Req., BOB 1 rvd G. COMMITTEE REPORTS (a) Finance (Chm. Sewall, Vice Chm. Nash, 1 Glick, O'Connell, Keene) (b) Legislative (Chm. Crawford, O'Connell, Glick, 1 Mullen) (c) Local Affairs/Lands (Chm. Brown, Vice Chm. 1 Crawford, Moock, Mullen, Poindexter, Super- man) (d) Public Works/Ed (Chm. McLane, Vice Chm. Moock 1/2 Atkinson, Hodgins, Superman, Walli) H. REPORTS OF COMMISSIONS AND COUNCILS I. MOTIONS TO RECONSIDER J. AGENDA APPROVAL AND CONSENT AGENDA (a) Vacation of Section Line Easement within 3 Apprvd eastern boundary Lot 2, USS9535, Section 24 & 25, T12N, R11W, S.M. (b) Planning Commission Appointments 3 Apprvd (c) Ord. 90-6 "Amending the Borough Code Provi- 3 Set for sions Regarding the Measurement of the Dis- Hrg 3-6 tance Allowed Between an Establishment Sell- ing Liquor and a Church, School or Playground" (Nash)SET FOR MARCH 6 HEARING (d) Res. 90-7 "Designating the Newspaper and 3 Adptd Awarding the Contract for the Publication of the Property Tax Foreclosure List for the Tax Year 1989 and the Delinquent Personal Property Tax List" (Mayor) (e) Res. 90-8 "Amending the Collective Bargaining 3 Adptd Agreement to Allow Hazardous Duty Pay for Certified Painters Engaged in Hazardous Painting" (Mayor) (f) Res. 90-11 "Authorizing the Transfer of 3 Adptd $400,000 in Central Peninsula Hospital Serv- ice Area Funds Into a Trust for Medical Malpractice Self -Insurance" (Mayor) 1 Page Nbr. (g) Res. 90-12 "In Support of Oil Spill.Legisla- tion That Would Require Citizen Advisory Councils in Cook Inlet and Prince William Sound to Address Spill Prevention and Response Plans" (Mayor) 3 Adptd K. ORDINANCE HEARINGS (a) Ord. 90-1 "Appropriating $89,200 for a Grant 3 Enacted from the State of Alaska to Supplement Borough Funding for Local Senior Citizen Programs" (Mayor) L. INTRODUCTION OF ORDINANCES (a) Ord. 90-7 "Amending the Borough Code Provi- 4 Failed sions Regarding Assembly Members, Compensa- to be Set for tion" (Hodgins) Hearing (b) Ord. 90-8 "Establishing a Redoubt Bay Citizen 5 Set for Advisory Committee" (Mayor) Hearing 3/6 (c) Ord. 90-9 "Establishing an Efficient Means of 5 Failed Determining Businesses which Are Eligible for to be Set Exemption from Sales Tax" (Hodgins) for Hearing (d) Ord. 90-10 "Amending KPB 5.18.260(M) to 5 Failed Provide That the Seller Exemption from Col- to be Set lecting Sales Tax Does Not Apply to Gaming Hearing Sales" (Atkinson) (e) Ord. 90-11 "Authorizing the Lease of Five 6 Set for Acres at the Kenai Landfill Site for Use as a Hearing Privately -Operated Solid Waste Tranfer Site" 3/6/90 (Mayor) M. CONSIDERATION OF RESOLUTIONS (a) Rea. 89-129 "Establishing Procedures for Set- 7 Postponed ting Priorities for the Upgrading of the to 3-20-90 State's Secondary Roads and Rescinding Resolution 86-129" (Poindexter)REMANDED TO PUBLIC WORKS COMMITTEE - TO BE REPORTED OUT BY FEB. 6, 1990 (b) Res. 9Q-. "Reclassifying Borough Patented 7 Postponed Land Described as Lot 1 Sterling Fire Station to 2-20-90 from "School Purposes" to "Public Use" and Approving the Use for the Ridgeway/Sterling Fire Service Area" (Mayor, Req. R/SFSA) (c) Res. 90-10 "Ratifying and Approving an Agree- 8 Adopted ment Between the Borough and Alaska Depart- ment of Environmental Conservation for Winter/Spring Oil Spill Cleanup and Response" (Mayor) N. PENDING LEGISLATION (This item lists legislation which will be ad- dressed at a later time as noted) (a) Ord. 90-4 "Appropriating $106,000 from the General Fund Balance for Installation of a Wooden Gym Floor at Susan B. English School" (Keene) HEARING 2-20-90 (b) Ord. 89-40 "Enacting a New Chapter 21.12 to Provide a Permit System for Conditional Land Uses and Repealing the Current KPB 21.12 Page Nbr. P. Q. R. S. T. U Noxious, Injurious and Hazardous Uses Or- dinances" (Mayor, Req. Task Force) TABLED 1/16/90 FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON SUB JECTS NOT ON THE MEETING AGENDA (a) Red Smith, Cooper Landing; the beneficial ef- 9 fects of the 1872 mining law PUBLIC COMMENTS AND PUBLIC PRESENTATIONS MAYOR'S REPORT OTHER BUSINESS ASSEMBLY AND MAYOR'S COMMENTS INFORMATIONAL MATERIALS AND REPORTS (a) Revenue and Expenditure Report; Budget Revi- sions NOTICE OF NEXT MEETING AND ADJOURNMENT (2/20/90) 3 12 RENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING MINUTES February 6, 1990; 7:30 p.m. Borough Administration Building Soldotna, Alaska A. CALL TO ORDER The regular meeting was called to order at 7:30 p.m. by President Jim Skogstad. B. PLEDGE OF ALLEGIANCE C. INVOCATION The invocation was given by Rev. Ted Inabnit, pastor of the Sol- dotna Bible Chapel. D. ROLL CALL PRESENT: Assemblymembers Brown, Atkinson, Crawford, Glick, Hodgins, Keene, Superman, McLane, Moock, Mullen, Nash, O'Connell, Poindexter, Sewall, Skogstad, Walli; Mayor Gilman, Atty. Boedeker, Finance Director Kinney, Plan- ning Director Troeger, Borough Clerk Brindley ABSENT: None E. VACANCY, DESIGNATION OR SEATING OF ASSEMBLYMEMBERS F. APPROVAL OF MINUTES The minutes of the regular meeting of January 16, 1990, and the minutes of the Board of Equalization of the same date were ap- proved as submitted. G. COMMITTEE REPORTS (a) Finance (Chm. Sewall, Vice Chm. Nash, Glick, O'Connell, Keene) Mr. Sewall reported the Finance Committee discussed only agenda items at its afternoon meeting. (b) Legislative (Chm. Crawford, O'Connell, Glick, Mullen) Mr. Crawford reported the committee did not meet this date due to scheduling problems. (c) Local Affairs/Lands (Chm. Brown, Vice Chm. Crawford, Moock, Mullen, Poindexter, Superman) Mr. Brown reported Local Affairs Committee discussed in addition to agenda items a memo from Marilyn Barbeau, Design Manager on the fire training grounds for the University of Alaska. She asked they consider: 1) U of A has requested a 90 day extension to the Alaska Coastal Management process due to recent ADEC find- ings, 2) U of A will be reviewing alternatives to an open burn training facility such as an indoor facility, 3) U of A requests the assembly not take action on this project until they have a chance to review alternatives. They also discussed two resolu- tions regarding fire training proposed for addition to the agenda and the committee voted against adding them. (d) Public Works/Ed (Chm. McLane, Vice Chm. Moock Atkinson, Hodgins, Superman, Walli) 1 Mr. McLane reported the committee has not had a chance to ade- quately discuss Res. 89-129, road priority procedures, and he hoped to have it postponed a month. (e) /Education Committee (Moock) Mrs. Moock reported attending the School Board last night and the Susan B. English gym floor was not discussed, but it will be on the agenda for February 19, prior to assembly consideration on the 20th. She reported the Board will be meeting on the 9th in their superintendent search; they will interview six people in a public meeting and questions may be submitted in writing. (f) Policies and Procedures (Nash) Mr. Nash reported the committee met for the first time today and is working on a revision of Board of Equalization procedure or- dinance. Another meeting will be held tomorrow and he invited anyone with concerns to express them to the committee. (e) Coastal Policy Council (Crawford) Mr. Crawford reported the council met on January 30 and approved the KPB Coastal Management Program with the next stop the governor's office and then the federal government for approval. He reported his term has expired as of September and he wished to retain that seat. Pres. Skogstad noted a letter from the Governor's office had been received regarding that seat and with assembly concurrence he asked the clerk to send a letter of support for Mr. Crawford's reappointment to that seat. H. REPORTS OF COMMISSIONS AND COUNCILS I. MOTIONS TO RECONSIDER J. AGENDA APPROVAL AND CONSENT AGENDA Assemblymember Superman requested Res. 90-13 be placed on the agenda as Item M. (h). Assemblymember Moock stated objection to addition of Res. 90-13 to the agenda due to University of Alaska's notification of intent to revise the fire school plans. Additionally, she expressed distaste for addressing items not publicly advertised on the agenda but added later. Assemblymember Superman noted the submission of a petition signed by nearly a hundred persons, and the responsibility of the borough to respond in some manner. Assemblymember McLane stated agreement with Mr. Superman's com- ments, but felt it might better be addressed at the next meeting with full public notification. RES. 90-13 FAILED TO BE ADDED TO THE AGENDA ON A VOTE OF 4 yes, 11 no. YES: Atkinson, Nash, Superman, Walli NO: Sewall, Poindexter, Hodgins, Moock, McLane, Crawford, Glick, Skogstad, Mullen, Brown, Keene ASSEMBLYMEMBER NASH MOVED TO PLACE RES. 90-14 ON THE AGENDA, ITEM M(h). There was objection. 2 KENAI PENINSULA BOROUGH ASSEKALY RE nt As KEETTA! 8 nQ tARY 6- 1990 Mr. Nash stated this is not the same recommendation that Res. 90-13 contains, it merely requests the state include someone from this municipality on the site selection committee. Mrs. Glick stated it appears the site has already been selected and only the method is being reviewed. She stressed the impor- tance of public notification prior to consideration of such items for balanced input, and hoped it would be on the next agenda. THE MOTION FAILED BY A VOTE OF 6 YES TO 10 NO: (O'Connell having arrived late). YES: Atkinson, Brown, Keene, Nash, Superman, Walli NO: Sewall, Poindexter, Hodgins, Moock, McLane, O'Connell, Craw- ford, Glick, Skogstad, Mullen Mr. Sewall requested by next meeting a parliamentary ruling on the nature of the debate on adding an item to the agenda. He ac- knowledged the difficulty of discussing the addition but not the item itself but felt a clarification would benefit all. The agenda and Consent Agenda were approved and adopted as fol- lows: (a) Vacation of Section Line Easement within eastern bound- ary Lot 2, USS9535, Section 24 6 25, T12N, R11W, S.M. (b) Planning Commission Appointments (c) Ord. 90-6 "Amending the Borough Code Provisions Regard- ing the Measurement of the Distance Allowed Between an Establishment Selling Liquor and a Church, School or Playground" (Nash)SET FOR MARCH 6 HEARING (d) Res. 90-7 "Designating the Newspaper and Awarding the Contract for the Publication of the Property Tax Foreclosure List for the Tax Year 1989 and the Delin- quent Personal Property Tax List" (Mayor) (e) Res. 90-9 "Amending the Collective Bargaining Agreement to Allow Hazardous Duty Pay for Certified Painters En- gaged in Hazardous Painting" (Mayor) (f) Res. 90-11 "Authorizing the Transfer of $400,000 in Central Peninsula Hospital Service Area Funds Into a Trust for Medical Malpractice Self -Insurance" (Mayor) (g) Res. 90-12 "In Support of Oil Spill Legislation That Would Require Citizen Advisory Councils in Cook Inlet and Prince William Sound to Address Spill Prevention and Response Plans" (Mayor) K. ORDINANCE HEARINGS (a) Ord. 90-1 "Appropriating $89,200 for a Grant from the State of Alaska to Supplement Borough Funding for Local Senior Citizen Programs" (Mayor) ASSEMBLYMEMBER GLICK MOVED THE ENACTMENT OF ORD. 90-1. Mr. Sewall reported the Finance Cmte. recommended enactment pend- ing public hearing. Public hearing was opened and as no one wished to be heard, was closed. ORD. 90-1 WAS ENACTED BY UNANIMOUS CONSENT. 3 KENA I PENINSULA BOROUGH ASSrBL L. INTRODUCTION OF ORDINANCES (a) Ord. 90-7 "Amending the Borough Code Provisions Regard- ing Assembly Members' Compensation" (Hodgins) ASSEMBLYMEMBER HODGINS MOVED TO SET ORD. 90-7 FOR HEARING ON MARCH 6. Mr. Sewall reported the Finance Cmte. recommended defeat of the ordinance by unanimous vote. Members of the Policies and Proce- dures also serving on Finance, recommended if it is set for hear- ing it be referred to that committee for interim work. Mr. Hodgins urged the ordinance be set for hearing and be con- sidered in committee. He believed there were areas that needed to be discussed and that was the only real way of doing so. He stated his reason for introducing it was to encourage more public participation in the elections and participation by the assembly in the important meetings they were not required to attend. ASSEMBLYMEMBER NASH MOVED TO AMEND THE HEARING DATE TO MAY 1 TO ALLOW TIME FOR POLICIES AND PROCEDURES CMTE. TO WORK ON IT. MO- TION WAS APPROVED BY UNANIMOUS CONSENT. Mr. McLane stated his concern on benefits was that this is not like the legislature which must make any increase effective at the end of their term, but is a self renewing body with new mem- bers being elected each year. He reported people had commented that the time spent by assemblymembers that is not compensated at this point may be restricting participation in local government. He urged it be set for hearing for the purposes of discussion. Mr. Brown spoke against the ordinance, noting if assembly members spent too much time in traveling it could begin to look like an infringement on the administration's area. Mr. Hodgins recalled when three of them comprised an oversight committee for the Seward Elementary school, they spent two full days but were able to delete approximately $45,000 from the cost of the project. The lost wages for the three would have been well worth the value received if it had been compensated. He felt the committee work would define, provide a detailed struc- ture and what would qualify. Mr. Superman thought an increase would be counter -productive to citizen participation as the public is not paid to attend. Mr. Sewall recalled when he first ran for office he did not know there was any compensation, so was pleasantly surprised. He had moved several times to lower the amount, but he advised allowing the Policies and Procedures Cmte. to look at the whole question. Mrs. Moock referred to a detailed account of the assembly's budget for last year and projected for 1990 and supported the or- dinance as a means of promoting another look at the whole benefit package which she believed was too costly to the borough. Mrs. Walli pointed out the compensation for the Kenai Borough as- sembly was the lowest in the state. She reported her telephone bill alone was increased $150 per month with the office. She recalled she was the only person to file for her seat and believed this might be a way to get more people involved in the public process. ORD. 90-7 WAS DEFEATED BY A VOTE OF 6 YES TO 10 NO: YES: Poindexter, Hodgins, Moock, McLane, Crawford, Walli NO: Sewall, Atkinson, O'Connell, Glick, Skogstad, Mullen, Brown, Keene, Nash, Superman (b) Ord. 90-8 "Establishing a Redoubt Bay Citizen Advisory Committee~ (Mayor) ASSEMBLYMEMBER GLICK MOVED TO SET ORD. 90-8 FOR HEARING ON MARCH 6. Mr. Atkinson stated at hearing, he would move to amend the or- dinance by including a member from an environmental advocacy group in the the committee. Mayor Gilman stated the language in the ordinance is taken directly from the statute. He believed as long as those groups mentioned in the law were complied with, an additional represen- tative would not violate the intention of the statute. ORD. 90-8 WAS SET FOR HEARING BY UNANIMOUS CONSENT. (c) Ord. 90-9 "Establishing an Efficient Means of Determin- ing Businesses Which Are Eligible for Exemption from Sales Tax" (Hodgins) ASSEMBLYMEMBER HODGINS MOVED TO SET ORD. 90-9 FOR HEARING ON MARCH 6. Mr. Sewall reported the Finance Cmte. had a lengthy discussion on this ordinance and the consensus was to begin with a pared down list of categories. The recommendation was to not set it for hearing. ASSEMBLYMEMBER BROWN ASKED TO BE ALLOWED TO ABSTAIN AS HE IS EMPLOYED BY ONE OF THE GROUPS MENTIONED IN THE ORDINANCE. THERE WAS NO OBJECTION AND SO ORDERED. Mrs. Moock spoke against the ordinance due to the amount of con- fusion as to its intent and result if enacted. Mr. Nash spoke for honoring the effort of ordinance sponsors by setting them for hearing and allowing further action, whatever that might be, when they deal with the taxpaying public. Atty. Boedeker verified that the effect of the ordinance would be to allow that all organizations with 501 tax exempt certificates could engage in gaming sales without paying sales tax, but it would not apply to vendors they might hire. ORD. 90-9 WAS DEFEATED BY A VOTE OF 7 YES TO 8 NO 1 ABSTAINING: YES: Poindexter, Hodgins, Atkinson, Crawford, Skogstad, Nash, Su- perman NO: Sewall, Moock, McLane, O'Connell, Glick, Mullen, Keene, Waili (d) Ord. 90-10 "Amending KPB 5.18.260(M) to Provide That the Seller Exemption from Collecting Sales Tax Does Not Apply to Gaming Sales" (Atkinson) ASSEMBLYMEMBER ATKINSON MOVED TO SET ORD. 90-10 FOR HEARING ON MARCH 6. Mr. Sewall reported the Finance Cmte. recommended not setting the ordinance for hearing by a vote of 1 yes to 4 no. ASSEMBLYMEMBER BROWN ASKED TO BE ALLOWED TO ABSTAIN AS AN EMPLOYEE OF A NON-PROFIT ORGANIZATION. THERE WAS OBJECTION. 5 KE AI PENINSULA WROUGH ASSEMBLY REGULAR 14EETING FE RUkRY 6, 1990 Mr. O'Connell did not believe Mr. Brown's organization was af- fected by the ordinance. Mr. Brown clarified the organization is not taxable, but it does participate with third party vendors for the selling of pulltabs, which are taxable. Mr. O'Connell stated the right to vote is the ultimate right and responsibility of any member of an elected body. It is also the only voice of the voters who elected the member. He urged the body be consistent. THE VOTE TO ALLOW THE ABSTENTION WAS APPROVED BY A VOTE OF 12 YES TO 3 NO 1 ABSTAINING: YES: Sewall, Hodgins, Moock, McLane, Atkinson, Crawford, Glick, Mullen, Keene, Nash, Superman, Walli NO: Poindexter, O'Connell, Skogstad ORD. 90-10 WAS DEFEATED BY A VOTE OF 6 YES TO 9 NO, 1 ABSTAINING: YES: Atkinson, O'Connell, Skogstad, Mullen, Nash, Superman NO: Sewall, Poindexter, Hodgins, Moock, McLane, Crawford, Glick, Keene, Walli (e) Ord. 90-11 "Authorizing the Lease of Five Acres at the Kenai Landfill Site for Use as a Privately -Operated Solid Waste Transfer Site" (Mayor) ASSEMBLYMEMBER GLICK MOVED TO SET ORD. 90-11 FOR HEARING ON MARCH 6. Mr. Brown reported the Lands Cmte. had a unanimous do introduce recommendation. Mr. McLane reported Public Works Cmte. had a unanimous do intro- duce recommendation and a request to remand it to the Solid Waste Cmte. Mayor Gilman noted it also must go to the Planning Commission in the interim due to zoning considerations within the City of Kenai. He stated in answer to questions that the Kenai Landfill will close by approximately April 1. The applicant hoped to have the concurrence of the borough in order to put his plans into operation to serve the community when it closes. Mr. Nash expressed reluctance to lease the 5 acres to one of two carriers in the community and suggested instead designating the plot for that purpose but that it not be tied to one particular carrier. He noted it would also be a much more convenient loca- tion for the fire school if it turns out to be an enclosed facility and the University should not be foreclosed from con- sidering this area. Mrs. Glick questioned whether it was not some inequity for the residents of Kenai to have to haul their garbage to the landfill in Soldotna or pay for pickup, while the outside city residents had more convenient dumpsters. Mayor Gilman pointed out the ordinance stated there will be a disposal site within 15 miles of every resident. Kenai is within that 15 miles. He reported people in Seward and Homer pay for garbage pickup but no one taking their refuse to the landfill pays a fee. Mr. Brown requested through the Chair that Kenai Mayor Williams be allowed to answer some questions. He then asked what amount of time would be required for consideration by the Kenai Council. 6 KENAI PENINSULA BOROUGH ASG BLw EGUTAA MATING FEBRUARY 6. 1990 Mayor Williams stated the Council usually does not interfere with the Kenai Advisory Planning Commission, but because of the con- cerns of the Kenai residen~s he anticipated considerable dialog between the two bodies. He stated since Kenai residents are also Borough taxpayers some feel they should not be subjected to charges by a lessee. In order for this use to be allowed it would require a zoning change and if there was objection it might slow the process drown. Mr. O'Connell commented it was not the idea of the Borough to close the Kenai Landfill; there were repeated demands from the City of Kenai to close it out, including a demand for $85,000 a couple of years ago to keep it open up to this time. He noted large subdivisions in the City are much closer to the Soldotna landfill than the Kenai one at any rate, and some are closer to the Nikiski transfer site. Private enterprise is now stepping in where there is an opportunity to serve, as an option, for a fee. ORD. 90-11 WAS SET FOR HEARING BY A VOTE OF 15 YES TO 1 (Brown) NO. Pres. Skogstad called a 10 minute recess. M. CONSIDERATION OF RESOLUTIONS (a) Res. 89-12"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 ASSEMBLYMEMBER MC LANE MOVED THE ADOPTION OF RES. 89-129. Mr. McLane reported due to time conflicts, Public Works Cmte. had not had a chance to work on this proposal as yet. He stated since the road priority list is in for this year, the sponsor and committee members agreed to request additional time. Pres. Skogstad asked for public comment but there was none. Mr. McLane stated at present road priorities are determined by traffic count and maintenance priorities. Traffic counts are furnished by DOT as are maintenance points. The proposed amend- ments deal with roads that lead to public facilities or sig- nificant industrial/cmmmorcial features and impassable roads. The committee will try to base the program on hard facts to avoid politicizing the issue. This summer DOT will place counters on 15 roads in the Borough so there will be more up-to-date and uniform information than they have had to work with in the past. ASSEMBLYMEMBER MC LANE MOVED TO POSTPONE RES. 89-129 UNTIL MARCH 20 AND IT WAS APPROVED BY UNANIMOUS CONSENT. (b) Res. 90-9 "Reclassifying Borough Patented Land Described as Lot 1 Sterling Fire Station from "School Purposes" to "Public Use" and Approving the Use for the Ridgeway/Sterling Fire Service Area" (Mayor, Req. R/SFSA) ASSEMBLYMEMBER GLICK MOVED THE ADOPTION OF RES. 90-9. Mr. McLane reported Public Works/Ed. Cmte. had a lengthy discus- sion on this transfer. When a portion of this lot was originally transferred from school purposes for the fire station there was discussion about community club property and school property below established criteria. With the new DOT plan for widening the Sterling Hwy. which includes a frontage road for the school and fire station, the committee voted support for the transfer. Mr. Brown reported Local Affairs Cmte. had a unanimous do pass. Public comment was opened but no one wished to speak. Mr. Sewall noted the Planning Commission voted against the change. Mr. McLane stated Planning Director Troeger was present at the committee meeting and explained the concerns of the Plan- ning Commission that they felt were mitigated with the new DOT plan. He indicated the map which showed there is a full vacant lot between the property being used by the school and the fire station lot. He recalled voting against locating the fire sta- tion in there in the first place because of the school, but ap- parently there is no plan by the school district to enlarge the school grounds. Mr. Troeger verified for members that the current DOT plans show access to the school and fire station from the Sterling Hwy., not Robinson Loop, which would infringe on the Community Club's area. Mrs. Moock reported there was a great deal of discussion at the school board meeting with maps and plans being considered as well as the Community Club. Chief Phillips clarified a grant request was sent to the legisla- ture for $200,000 to build the addition as it is bid ready, schematics being paid for with service area funds. Mayor Gilman stated it was established that the Borough received patent through the Municipal Entitlement Program for the school property; it was not purchased. Mr. Mullen expressed concern that a grant might not be approved by the legislature and the addition built. He wished to make an amendment he would like the committee to review prior to assembly action. ASSEMBLYMEMBER MULLEN MOVED TO POSTPONE RES. 90-9 UNTIL FEBRUARY 20. MOTION WAS APPROVED BY A VOTE OF 12 YES TO 4 NO: YES: Sewall, Hodgins, Atkinson, O'Connell, Glick, Skogstad, Mul- len, Brown, Keene, Nash, Superman, Walli NO: Poindexter, Moock, McLane, Crawford (c) Reg. 90-10 "Ratifying tween the Borough and tal Conservation for and Response" (Mayor) and Approving an Agreement Be - Alaska Department of Environmen- Winter/Spring Oil Spill Cleanup ASSEMBLYMEMBER GLICK MOVED THE ADOPTION OF RES. 90-10 AND INCLUD- ING THE DATE OF JANUARY 25, 1990 IN SECTION 1. Mr. Sewall reported Finance Cmte. had a do pass recommendation and a request the Mayor reported the difference between the first and the second agreement. There was no public comment. Mayor Gilman reported the attorney general told the ADEC they could not have a grant agreement for this type of operation, so the new contract is labeled "Memorandum of Agreement". He stated the basic differences are that the grant agreement contained a payment schedule with an advance of $350,000 and the second agreement calls for filing for reimbursement following expendi- ture. Another difference is in the indemnification clause which was added to the second, that says the state will be responsible for its actions and the borough will be responsible for its ac- tions. Mr. Superman asked how much winter cleanup the borough would be involved in. Mayor Gilman stated the proposal this is based on states the borough will provide some logistical support for a coordinated, decision making process between ADEC, the Coast Guard, Exxon, and other state and federal agencies. Hopefully, agreement will be reached and Exxon will do the work. RES. 90-10 WAS ADOPTED BY UNANIMOUS CONSENT. N. PENDING LEGISLATION (This item lists legislation which will be addressed at a later time as noted) (a) Ord. 90-4 "Appropriating $106,000 from the General Fund Balance for Installation of a Wooden Gym Floor at Susan B. English School" (Keene) HEARING 2-20-90 (b) Ord. 89-40 "Enacting a New Chapter 21.12 to Provide a Permit System for Conditional Land Uses and Repealing the Current KPB 21.12 Noxious, Injurious and Hazardous Uses Ordinances" (Mayor, Req. Task Force) TABLED 1/16/90 0. FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON SUB JECTS NOT ON THE MEETING AGENDA (a) Red Smith, Cooper Landing; the beneficial effects of the 1872 mining law Mr. Smith addressed concerns of the Cooper Landing, including trees that overhang the Sterling Hwy. and threaten to fall on passing vehicles, beetle killed trees and mining regulations which have increasingly undermined the law of 1872. He spoke in appreciation of resolutions of support that had been adopted over the years. He stated the mining community would continue to per- severe and he hoped the assembly's support would remain. P. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS Duane Anderson asked the borough to consider the impact of proposals which would make the individual landowners along the highways having responsibility for the timbers and safety rather than DOT. He believed final meetings prior to action on the tim- ber problem in Cooper Landing this spring would occur this month. It was unfortunate that the borough does not have those lands un- der ownership because the state and federal government will ad- dress problems which the borough will inherit along with the land. Barbara Waters, Kenai, stated she was denied due process by not being allowed to speak to ordinances for introduction, some of which were not set for hearing and therefore will not have any public comment. She noted there was considerable assembly dis- cussion allowed. She stated public participation had been en- couraged in the past, but tonight it was discouraged. John Kistler, K-Beach Road, also addressed the fact that comment was not allowed during introduction of ordinances. He noted during discussion of Ord. 90-7 it was stated increased compensa- tion would increase public participation. He believed any in- crease should be approved by the voters and that compensation was already high in benefits. He commented on Ord. 90-9, stating he did not mind the exemption on paying a sales tax for those groups but he did mind the exemption on collecting the tax. He next commented on Ord. 90-10, which he stated did not address the in- equity in the exemption process that now exists and he felt it could be rewritten to accomplish the task. He stated his dis- agreement with Ord. 90-11 which had no indication the property was put out for public bid. He knew of three interested parties; two garbage collectors and the City of Kenai. He believed in finding out how much would be paid for the lease rather than "giving" it to someone. Q. MAYOR'S REPORT Mayor Gilman stated the latest information received from the ADEC is that there is less than 25 miles of beach in the KPB that is heavily oiled. It is likely they will be declared beaches that have to be cleaned; whether the borough gets involved directly in the cleaning is unknown. He felt it would probably be in com- munications, etc. Mayor Gilman reported last Friday the Governor signed HB37, the school construction bill. Thursday afternoon the Senate Finance Cmte. was putting together a bill that will include all the statutory requirements for education including 100% reimbursement of school debt and $8 million for school construction to come un- der the provisions of HB37. It appears the Governor's commitment will be kept. In a two year period of time, the difference be- tween what he'd projected and what might be receieved (100%) is equivalent to about two mills of taxation, or $6 million. He stated this bill does not provide any additional increment for the school foundation plan. There is a proposal abroad to in- crease the basic unit from 60,000 to 66,000. If that happens the cap would be increased 10%. Mayor Gilman reviewed his activity under the charge to enforce the ordinances regarding sales tax that affect the pulltab opera- tion. After numerous attempts to contact vendors and operators, he reported, they asked Dept. of Commerce for a complete list of sellers of game devices and sales information. The Dept. responded that information requested was not available as per- mittees are not required to file 1989 information until March 31. Previous filing information was then requested. He stated the Finance Dept. would write permit holders requesting sales infor- mation for 1989 and try to find out how many vendors were used and will prepare estimates for all vendors who have not filed. If the permit holders refuse to respond with requested informa- tion, the legal department will subpoena the permit holders. The businesses will be notified their income has been estimated, the amount due plus fees, with 30 days in which to file the returns. If the business does not file, the account will be forwarded to the legal department to file suit. He stated there are less than a half dozen which have filed. In fairness to them the law must be equally applied. Mr. Brown asked if questions by Mr. Kashi had been answered. Mr. Kinney stated a written response was sent and the answers are the basis of the law suit Mr. Kashi has filed against the borough. Mr. O'Connell asked if the enforcement was the same for this group as any other taxpayer and Mayor Gilman stated the proce- dures are laid out in the ordinances. If there is reason to believe filings are inaccurate or are not made, there is a forced filing procedure which is in effect. Mr. Sewall noted when an organization renews its application for a permit to conduct games of skill and chance the state requires a letter of non -objection from the local governing body. These are listed on the City of Seward's consent agenda. He asked if these come through the borough as well. Mayor Gilman stated the borough attorney has stated we have no authority to either grant or deny these applications since no ordinance has ever been enacted which even discusses them. It is not like a liquor license which the Dept. of Revenue requires the Borough to ad- dress. The Dept. of Commerce does not notify the Borough when it receives an application. 10 KENAI PENINSULA ROQ t H ARS NR Y REGULAR -MEETING FEBAUaRY lgon Mayor Gilman stated the tax will be on the grass sales. The per- mit holder is not subject to the tax, the vendor is the point of sale. R. OTHER BUSINESS S. ASSEMBLY AND MAYOR'S COMMENTS Mr. Sewall recalled when the first vote was taken on operators he had thought the problem would be solved but now there are vendors and confusion of terms. He commented that Duane Anderson brought the problem of fire danger in Cooper Landing to him upon his ap- pointment to office 7 years ago and that problem still isn't solved except that passage of the fireworks ban forestalled some of the danger. Mr. Hodgins noted receipt of a packet of information on recycling from the City of Seattle that he would be forwarding to the Waste Committee. He reported the Nikiski High School will be holding a Winter Carnival the last weekend of this month with many ac- tivities, including snow sculpture with prizes. Mrs. Moock responded to the public's comments regarding comment at introduction of ordinances. She believed in the past public comment had been taken and requested it be done again. She praised the basketball teams of the Peninsula, particularly the Homer High team with highest academic scores as well. She also reported the Soldotna girls team and the Kenai boys team went to Fairbanks together and cheered for each other's teams. She sug- gested the adults of these communities might take a lesson from the young folk. She also expressed pride in the decorum dis- played by these teams throughout the trip. Mr. McLane noted colored paper makes the minutes of service area board's easier to separate, but suggested they be printed on white paper to facilitate the recycling effort. Mr. Atkinson addressed the reimbursement of Mr. Hodgins' trip to Korea which he felt was inappropriate to take anyway since he was appointed as an alternate and only one was to go. He felt it had set a bad precedent. He stated the motion to reimburse Mr. Hodgins was apparently approved by unanimous consent before he realized there was a vote. Mr. Crawford thanked the Mayor and particularly Sylvia Spearow of the Planning Department for the abuse taken in the Coastal Management Program formulation. He noted Seldovia was proud of their team's third place at state finals also. Mrs. Glick reported on her trip to Juneau for an AML Board of Director's meeting. She stated for the first time in several years the attitude was more conciliatory toward AML and its mem- bers. She reported having conversations with local representa- tives, including Sen. Binkley who represents only a small portion of the Borough but is aware he is part of its legislative team. Full funding for schools and the spruce beetle problem were dis- cussed with a number of legislators who had been briefed on the problem and were supportive of at least the fire break program. She felt the improved attitude might be a result of the balance left in the treasury from last year. Mrs. walli addressed assembly compensation and the number of telephone calls received as part of the position, which was not sought for the money that could be made. Mr. Superman reported he was unaware that ordinances and resolu- tions could not be properly brought to the assembly after the packet deadline. He had asked about oil cleanup activity in con- sideration of needed wages with the possibility of the inability 11 KENAI PENINSULA BOROUGH AQSPME Y REGULARAEETING FRRRUAARY 6, 1990 to commercial fish again this year. He thanked Mr. Smith for his presentation and had respect for people in his position that are forced to take on the federal government, and he hoped they could help those people. Mr. Nash referred to specific delinquencies on the sales tax col- lection report, noting an earlier proposal to close down businesses that did not pay their taxes was not accepted. He ad- dressed the firewood cutting situation, hoping all the forests don't die before further sales occur. Mr. Keene noted Mrs. Moock had covered the sports achievements throughout the week and he felt they should not lose sight of the value of the young people in our communities. Mr. Brown congratulated the Nikiski High School basketball coach, Lee Moore, who was named the District 3 Coach of the Year. He reported the North Peninsula Chamber of Commerce would hold their awards banquet Friday night and a member of the assembly had been nominated; he encouraged all interested to attend. He commented he hoped the gambling ordinance would be equally applied to all. He observed the Nenana Ice Classic was active and not collecting sales tax, and he recommended all ticket sellers be checked. He expressed his concern regarding the fire school, noting the Matsu Borough was interested in having it located there. He felt the boroughs should have been allowed to bid on the state's job core center, a $16 million facility. Pres. Skogstad expressed encouragement with actions being taken on the beetle kill problem in the Cooper Landing area. Although the borough does not have title to much of the land, its land of- ficer, John Mohorcich, has been working closely with the state and forest service in developing timber and firewood sales which have occurred over the past year. He apologized for not allowing public comment under Introduction of Ordinances and stated there would be that opportunity in the future. Mayor Gilman responded to comments regarding sales tax collection by stating his concern and responsibility. An ordinance passed last year required nuw businesses and delinquent businesses to file monthly (rather than quarterly) returns. Monthly filings have increased from 113 to 1300. This creates additional work, but also quick response to problems. He stated at the next meet- ing he would have information as to how many accounts are 4 years old or older and it should indicate whether ordinance changes have improved enforcement. T. INFORMATIONAL MATERIALS AND REPORTS (a) Revenue and Expenditure Report; Budget Revisions U. NOTICE OF NEXT MEETING AND ADJOURNMENT Pres. Skogstad stated the next meeting would be February 20, 1990. This meeting adjourned at 12:00 a.m. Date approved February 20, 1990 rn�Z I jl� Jam s W. Skogstad, A embly President rough er, 12 FEPT. OF ENVIRONMENTAL CONSERVATION OUTHCE14TRAL REGIONAL OFFICE 3601 C ST., SUITE 1334 ANCHORAGE, AK 99503 March 13, 1990 The Honorable John J. Williams, Mayor 210 Fidalgo Kenai, AK 99611 Dear Mayor Williams: Re: Tesoro Alaska Petroleum Co. 9023-DB001 smw C T.., N Fa — 7 (9 07) 563 -6529 The Department of Environmental Conservation has received an application for a Wastewater Disposal Permit, from Tesoro Alaska Petroleum Co. for the underground injection of a maximum of 360,000 gallons/day of treated non -domestic wastewater associated with a groundwater remediation project, to be located at the Tesoro Refinery, Mile 22 North Kenai Road, near Nikiski, Sec 22, T7NF R12W, S.M. A copy of this application is enclosed for your review and comment. A public hearing has been scheduled on April 10, 1990. The hearing will be held in the Community Room of the Plikiski Fire Station, Station #1, Mile 17.9 Spur Highway, at 7:00 pm. We request that you and your staff review the application and submit your comments to the Southcentral Regional Office, 3601 C Street, Suite 1334, Anchorage, Alaska 99503, within 34 days from the date of this letter, so that they may be given full consideration in our review process. Request for additional information must be received within 25 days from the date of this letter. Should you have any question regarding this matter, please contact Julie Howe, at the above address, or telephone (907)563- 6529. Thank you for your consideration in this matter. B HL:JH: its ENCLOSURE 14/'�-3-iy-9() 4.Tt1IF0 -- MONTHLY "owl REPORT Monthly Mwagement Report BRANCH - - Kenai Comity library - 01 FES 1990 *"Guervi ew- 01 FEB 1990 01 JAN 1990 X Change 01 FEB 1985 K Change First Tine Checkouts 5315 1908 8.91 4941 0.12 Renewals 314 216 is.3K ?62 19.8" 8.71 CHECKOUTS 5659 5124 10.11 S203 Regular Checkins 3797 3306 14,8X 3589 5.8X Late Cheehins 1075 life -3. 82 1015 CHECKIHS 4872 1121 10.11 1oU3 fines Collected 269.19 229.35 17.81 2?6170 -2.?1 lost Book Collected 13.95 7.00 527.8X 8.00 419.3X Damages Collected 0.00 0.00 0.00 fees Collected 37.85 15.45 144.9X 77.65 -51.21 MONIES COLLECTED fines Waived Lost Book Waived Oaneges Waived fees Waived 3S6.99 ?8115 26.05 0.00 $3.05 250.80 79.80 38.00 0.00 59.85 35,U -2.09 -31,4X -11. 3X 362.35 56.95 31.95 0.00 166.55 -3.11%, 3712% 25.1X MONIES UAIUEB 157.25 177.65 -11.4X 258.45 -39.11 ~ Holds Placed 48 45 6.61 49 -2.0X Holds Cancelled 11 7 S7.11 5 120.0X Holds filled 18 18 0.01 23 -2117X Holds Expired 0 1 -100.01 0 1st Overdue Items 2?5 260 S.?X 196 4?,RX 2hd Overdue Items 48 108 -55.5X 60 -20,01 Billing Items 43 0 0 Holds Items 3 0 0 Billing Notices 16 0 0 Holds Notices 3 0 0 Patrons Registered 266 153 73, 8X 263 1.1 X Titles Added s-34 31 977.4X 12 2683. <X Items Added 205 612 -53.41 4;4 -34,61 Fast Adds 407 330 23.31 123 -3.71" Ol Mfg 1 "0 09.07 NINTHLY MRNlibi'1lENT REPORT Monthly Maargenent Repot BRANCH - - Kea C+o►+nunity Library - at FEB i w -Dwview** FYTO 1990 - to 28 FEB Last FYTO - to 28 FEB I Change 2 First Time Checkouts 39000 35053 11.41 Renewals 2159 1442 49.71 CHECKOUTS 41239 36495 12.914, Regular Checkins 29110 24659 18.01 Late Checkins 3373 7905 10.5X CHECKINS 30403 32564 18.11 Fines Collected 1799.46 2082.95 -13.6X Lost Oak Collected 196.35 96.10 104.31 Damages Collected 0.00 0.00 Fees Collected 513.94 389.30 32.01 MONIES COLLECTED 2509.75 MO. S -2.29 fines Uaived 639.70 725.20 -11.9X Lost Book Uaiued 341.10 122.55 178,3X Oaneges Uaiued 0.00 0.00 Fees Wed 942.65 1176.92 MONIES URIVEO 1922.65 2021.67 -5.01 Holds Placed 382 166 130.1 % Holds Cancelled 77 39 97.4X Holds Filled 1S2 64 137.SX Holds Expired 3 1 200.01 1st Duerdue Items 2325 2295 1.71 ' 2nd Overdue Items 579 513 6.61 Billing Items 43 0 Holds Items 3 0 Billing Notices 16 0 Holds Notices 3 0 Patrons Registered 1657 2794 10.61 Titles Added 589 225 161,7X Items Wed 3724 3071 21.11 Fast Odds 3106 3398 -8.51 01 MAR 1990 09:07 3 "INLY tLA6L?IENT REPORT lWthly Nengenent Report 9900 - - KeW Community Library - 01 He 1990 **Port Activity- Checkouts 01 (E8 1910 01 JAN 1990 1 Change al fa 1989 1 Change 00:00 0 0 0 01 :GO 0 0 O 02:00 0 0 0 03:00 0 0 0 04:00 0 0 0 05:00 0 0 0 06:00 D 0 0 07:00 0 0 Q 08: 00 1 1 0.01 37 -97.21 09:00 34 45 -24.iX 160 -?9.7X 10:00 147 118 24.51 39 -58.99 11:00 399 332 20.11 620 -3516X 12:00 635 5?5 Mix 511 2VX 13:00 556 612 -9.1 X 529 5.11 14:00 699 605 15151 SS? Mil 15:00 ?33 611 19,91 553 32,51 16:00 646 679 -4.01 ?23 -10.6% 17:00 868 777 11.71 475 82.?X 18:00 489 374 30.71 346 41.31 19:00 287 240 19. SX 331 -1311 20:00 259 281 -7.81 85 204.?X 21:00 63 34 85.21 3 ZON-01 22:00 0 0 O 23:00 0 0 0 lotals 9.a 5816 528i AM 5296 DI a 1990 09:07 MONTHLY MNNA6EMENT REPORT Monthly Mompnent Report BRANCH - - Kenn Co munity Library - 4 01 FE0 1990 **Part Betiuitya Checkouts FYTO 1990 - to 28 M Last FVID - to 28 rE9 1 Change 00:00 0 0 01:00 0 0 12:00 0 0 03:00 0 0 04:00 O 0 06:00 D 0 06:06 8 Z 300.01 07:00 3 28 -89.21 00:00 112 343 -46.91 09.0 763 1220 -37.41 10:0 197 2100 -11.01 11:00 1229 4739 -10.71 12:00 4552 3512 2916% 13-M PSI 3893 22.01 14:00 S160 4141 21.61 15:00 S34 4209 25.51 16:06 5023 4803 4.51 17:00 4269 . 31.16 37.0: 11:00 2561 I %S _ 30.31 11:00 2118 1903 11.2X 20:00 1299 821 58.21 21:00 239 19S 22.61 22:00 0 49 -100.01 23:00 a o totaia 423D0 37139 13.91 0 DI MAR 19W 09:07 5 MONTHLY MR8 hCVT REPORT Monthly rompmt few 8R(M1CM - - Km Caavaty Uhrary - Ol FEB 1990 **Port ActWitybm Checkins 61 FEB 1990 01 JAM 1990 X Cmme 01 FEB 1909 X Change 00:00 0 0 0 41:00 0 0 0 02:00 0 0 0 03:00 0 0 0 04:00 0 0 0 05:00 0 0 0 06:00 0 0 1 -100.OX 07:00 0 0 116 -TOLL 00:00 7 20 -65.01 169 -95.9 09:00 212 213 -0.41 253 -16.2X 10:00 3?9 295 28.41 S40 -29.81 11:08 449 522 -13.9% 428 4.91 12:00 $36 3S0 53.11 481 11.4X 13:00 341 536 -36.31 458 •25.SX I WO 600 420 61.91 452 50.41 1 S:00 532 SS 1.31 649 -18.01 16:00 540 465 16.1 X 470 14.81 17:00 510 465 9.61 348 46.SX 10:00 345 2S7 34.2X 145 137.9X 19:00 15S 221 -29, 8X 7S 106.6% 20:00 164 123 33.3X 18 811.1 % 21:00 22 10 120.01 0 22:00 0 2 -100.01 0 23:00 0 0 0 Totals _ 4672 4424 10.11' 4603 5.8% 01 MAR 1990 09:07 6 MO KY MANWINT REPORT Monthly Manayanaat Repot BR 0 - - Kano Cwmdty Library - 01 ra 19% **Part Activity** Chin rVTO 1990 - to 28 FE11 last (YTO - to 28 PE8 1 Change 00:00 0 0 01:00 0 0 02:00 D 8 03:00 0 0 04:00 .0 0 05:00 06:00 13 110 -80.11 07:00 216 911 -76.21 00:00 1593 1169 35.41 09:00 1960 1916 2.21 10,00 3569 3871 -7.91 11:00 4126 3190 29.31 12:00 3632 3460 1.91 13:00 4463 1626 23.Ox 14:00 1277 3386 MR 15:40 it" 3848 9.31 16:00 3063 3355 iS.11 17:00 2950 1796 65.21 18:00 1037 1136 61.71 19:00 11 S2 680 67, 41 10:00 555 98 466,39 21,00 78 8 875.01 22:90 2 3* -33.31 23:00 0 0 10.11 totals 38483 32564 . N F-p - UA KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING March 20, 1990; 6: 30 p.m. Borough Administration Building C%i•r. `:: _, i ` Soldotna, Alaska I`'K''`! A G E N D A - ''kirk �v A TO ORDER PLEDGE OF ALLEGIANCE C. IN'VOCATION: - Rev. Jim Reneau ,,. Bread of Life Chapel, Kenai D 'BOLL CALL E. VACANCY, DESIGNATION OR SEATING OF ASSEMBLYMEMBERS F. APPROVAL OF MINUTES:�March 61 1990 G. COMMITTEE REPORTS s (a) Finance (Chm. Sewall, Vice Chm Nash, , 4` Glick, O'Connell, Keene) (b) Legislative (Chm. Crawford, O'Connell, Glick, Mullen) (c) Local Affairs/Lands '(Chm. "'Brown, vice Chm. Crawford, Moock, Mullen, Poindexter, Super- man) (d) Public Works/Ed (Chm. McLane, Vice Chm. Mooclk Atkinson, Hodgins, Superman, Walli) H. REPORTS OF COMMISSIONS AND COUNCILS I. MOTIONS TO RECONSIDER (a) Letter of support of SJR 5, placing a spend- ing cap for FY 92, without amendments.( . NOR Sewall) J. AGENDA APPROVAL AND CONSENT AGENDA i (a) R,ea. 90-24 "Authorizing Award of a Contract for Professional Services to the Firm of Councilman/Hunsaker & Associates for a Study of the North Peninsula Pool Facility' (Mayor) (b) "Authorizing the Award of Contract for Kenai • Peninsula Borough Comprehensive (Plan Consulting Services* (Mayor) K. ORDINANCE HEARINGS (a) Ord, 90-12 "Amending the Kenai Peninsula Borough Code Concerning Assessment and Board of Equalization Procedures" (Policies and Procedures Committee) (b) Ord. 90-144 "Appropriating $25,000 from the , South Kenai Peninsula Road Maintenance Serv- ice Area Fund Balance to Unit 13" (Mayor) L. M. (c) Ord_ 90-15 "Establishing an Efficient Means of Determining Businesses Which Are Eligible for Exemption from Sales Tax, and Defining Instances Where Food Sales are Exeskot" (Hodgins ) (d) Ord. 90-16 "Prohibiting the Sale of Al- coholic Beverages Between the Hours of 2:00 a.m. and 9:00 a.m., In All Areas of tbo Kenai Peninsula Borough Outside Cities" (Sewall) AND ORD. 90-16(SUBSTITUTE)(Sewall/Glick) (e) ford- 90-26 "Appropriating $15,000 from the cast Kenai Peninsula Road Maintenance Service Area Fund Blanc* and $100,000 from the North Kenai Peninsula Road Maintenance Service Fund Balance" (Mayor) INTRODUCTION OF ORDINANCES (a) QXd. 90-22 "Amending Chapter 2.06 Concerning # Selection and Retention of the Borough Clerk and Clarifying Duties" (Policies & Procedures ,{ committee) CONSIDCRAT20N OF RESOLUTIONS (a) agn.. 9$-129 & Sabot. "Establishing Procedures for Setting Priorities for the Upgrading of the Stste's Secondary Roads and Rescinding Resolution 86-129" (Poindexter) (b) RA_■_ 9Q-21 "Authorizing the Mayor tU Award a Contract for the Kenai Central High school Grandstand Bleacher Project" (Mayor),c (c) Res- 90-22 "Authorizing the Mayor to Award an Engineering Design Contract for Cabin Lake ;+; R # A" (Mayor) , (d) Rgs. 90-23 "Authorizing an Agreement for Col- lection of Delinquent Personal Property Taxes" (Mayor) " (e) asta-9 -25 "Supporting the 'WRRAP Act' Solid waste Legislation" (Legislative Comm.) (f) Rsa_.90-26 "Placing a Proposition Before the Voters Which Would Authorize the Assembly to Remove Restrictions on hiring and Expendi- tures from the Non-Areawide Port and Harbor Parsers of the Kenai. Peninsula Borough" ( Hodgins ) ri (g) ReA0 90-27 "Supporting a Legislative Ballot Measure Calling for a Constitutional Amend- ment; Creating a State Spending Limit" (Sewall, Skogstad, Mullen) (h) RMp_ 9d-29 "Requesting the Policies and Pro- cedures Committee to Prepare an Ordinance to Replace Mason's Manual of Legislative Proce- dure with Procedures Based on Robert's Rules of Order" (Policies & Procedures) 45m;_ AM G) Res. 90-30 "In Support of Funding for the Purchase of Lands from Seldovia Native As- sociation Within the Boundaries of Kachemak Bay State Park or for Continued Negotiation for a Land Exchange if Fundng for Purchase is Not Available" (Keene) N. PENDING LEGISLATION (This item lists legislation which will be ad- dressed 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 Or- dinances" (Mayor, Req. Task Force) TABLED 1/16190 (b) Ord. 90-11 "Authorizing the Lease of Five Acres at the Kenai Landfill Site for Use a a Privatel aparated Solid waste Transfer Site" (Mayor) POSTPOVRD TO 4-3-90 (c) Ord. 90-19 "Appropriating $594,000 from the General Fund Balance for Various School Minor Capital Projects" (Walli/Moock) HEAR 4-3-90 (d) Ord. 90-19 "Adopting a Comprehensive Plan for the City of Homer as a Portion of the Kenai Peninsula Borough Comprehensive Plan" (Mayor) Hearing 4-3-90 (a) Ord. 90-20 "Adopting the Kenai Peninsula Borough Coastal Management Program" (Mayor) HEARING 4-3-00 (f) Ord. 90-21 "Accepting and Appropriating Sup- plemental Funds from the State of Alaska for the 'Kenai Peninsula Borough Coastal Manage- ment Program, (Mayor) Hearing 4-3-90 (g) Ord. 90-23 "Amending Chapter 10.04 of the Borough Code to Provide Non -Commercial Free Public Use Solid Waste Disposal Facilities in First Class and Home Rule Cities and at Heavily+ Used Seasonal Locations and for Receiving Stations for Oil and Household Chemicals" (Click, Brown, Superman, Nash) HEARING 4-3-90 (h) Res. 90-19 "Requesting the Borough Mayor to Provide a Free Non -Commercial Public Use Solid Waste Disposal Facility at the Current Kenai Landfill Site" (Glick/Brown/Superman/ Nash) POSTPONED TO 4/3/90 (i) Res. 89-129 "!Establishing Procedures for Set- ting Priorities for the Upgrading of the State's SecoAdary Roads and Rescinding Resolution 96-129" (Poindexter) REMANDED TO PUiBLIIC WORKS COMMITTEE -POSTPONED TO MARCH 20 BS14omN. "h Clerk b Mtb++ai, PanMsula BaKough f Soldolns,93 Alaska 99669 :4 Janet Ruotsala, Clerk City of Kenai 210 Fidalgo Street Kenai, AK 99611°h } Fal 1 1 u .'J O. FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON SUB IN 1 JECTS NOT ON THE MEETING AGENDA (a) Kachemak Heritage 'Land Trust, Sue Christiansen - 4 P. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS Q. MAYOR'S REPORT R. OTHER BUSINESS (a) New Beverage Dispensary/Tourism Liquor y License Application; Kenai Princess Lodge, Cooper 'Landing S. ASSEMBLY AND MAYOR'S COMMENTS T. INFORMATIONAL MATERIALS AND REPORTS � (a) Judge Singleton's Decision on Appeal of Borealis Resources U. NOTICE OF NEXT MEETING AND ADJOURNMENT (4/3/90) A. B. C. D. E. F. G. H. K L. i N 10 KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING February 20, 1990; 7:30 p.m. Borough Administration Building do Alaska - CALL TO ORDER A G E N D A - Page No. —_�— PLEDGE OF ALLEGIANCE INVOCATION: Assembly Member Walli'�Z �fJ. ROLL CALL t n Qy r VACANCY DESIGNATION OR SEATING OF ASSEMBLYMEMBERS A -' N APPROVAL OF MINUTES: February 6, 1990 2 v COMMITTEE REPORTS''•'F! (a) Finance ,(Chm. Sewall, Vice Chm. Nash, Glick, O'Connell, Keene) 1 (b) Legislative (Chm. Crawford, O'Connell, Glick, Mullen) 1 (c) Local Affairs/Lands (Chm. Brown, Vice Chm. Crawford, Moock, Mullen, Poindexter, Super- man) 1 (d) Public Works/Ed (Chm. McLane, Vice Chm. Moock Atkinson, Hodgins, Superman, Walli) 2 REPORTS OF COMMISSIONS AND COUNCILS MOTIONS TO RECONSIDER AGENDA APPROVAL AND CONSENT AGENDA 2 Adopted (a) Appointments to Cooper Landing Advisory Plan- ning Commiss_:)n (b) Ord. 90-12 "Amending the Kenai Peninsula Borough Code Concerning Assessment and Board of Equalization Procedures" (Policies and Procedures Committee) INTRODUCTION (c) Ord. 90-14 "Appropriating $25,000 from the South Kenai Peninsula Road Maintenance Serv- ice Area Fund Balance to Unit #3" (Mayor) INTRODUCTION (d) Ord. 90-17 "Authorizing the Appropriation from the Solid Waste Account of the General Fund to the Sterling Special Waste Site Ac- countfor the Closure of Sterling Special Waste Site" (Mayor) SET FOR HEARING MARCH 6 (e) Res. 90-16 "Supporting 100 Percent Reimburse- ment of Entitlement on School Bond Debt" (Mayor) ORDINANCE HEARINGS (a) _Ord. 90-4 "Appropriating $106,000 from the General Fund Balance for Installation of a Wooden Gym Floor at Susan B. English School" 2 Enacted (Keene) INTRODUCTION OF ORDINANCES 1 Page No. (a) Ord. 90-13 "Amending the Borough Code Provi- sions Regarding Assembly Members' Car Al- lowance Compensation" (Hodgins) 4 Defeated (b) Ord. 90-15 "Establishing an Efficient Means of Determining Businesses Which Are Eligible for Exemption from Sales Tax, and Defining Instances Where Food Sales are Exempt" 5 Set Hearing (Hodgins) (c) Ord. 90-16 "Prohibiting the Sale of Alcoholic Beverages Between the Hours of 2:00 a.m. and 9:00 a.m., In All Areas of the Kenai Penin- sula Borough Outside Cities" (Sewall) 5 Set Hearing M. CONSIDERATION OF RESOLUTIONS (a) Res. 90-9 "Reclassifying Borough Patented Land Described as Lot 1 Sterling Fire Station from "School Purposes" to "Public Use" and Approving the Use for the Ridgeway/Sterling Fire Service Area" (Mayor, Req. R/SFSA) 6 Adopted (b) Res. 90-13 "Resolution Declaring That As a Matter of Public Policy Petroleum Fire Train- ing Facilities are Incompatible with Residen- tial Uses of Lands Within the Kenai Peninsula Borough in the Area Outside of Cities" 7 Defeated (Superman) (c) Res. 90-14 "Resolution Requesting That the Kenai Peninsula Borough Be Permitted to Par- ticipate in the Site Selection for the Fire Training Facility" (Nash) 9 Adopted (d) Res. 90-15 "Awarding a Contract to Cummins Northwest, Inc. for the Purchase of One Diesel Fueled Standby Generator Set with Automatic Transfer Switch and Extended war- ranty Coverage" (Mayor) 10 Adopted N. PENDING LEGISLATION (This item lists legislation which will be ad- dressed at a later time as noted) (a) Ord. 89-40 (Mayor, Req. Task Force) TABLED (b) Ord. 90-6 (Nash) HEARING MARCH 6 (c) Ord. 90-8 (Mayor) HEARING MARCH 6 (d) Ord. 90-11 (Mayor) HEARING MARCH 6 (e) Res. 89-129 (Poindexter)POSTPONED TO MARCH 20 0. FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON SUB- JECTS NOT ON THE MEETING AGENDA P. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS 11 Q. MAYOR'S REPORT R. OTHER BUSINESS (a) Vacate of Ed Street Public Right -of -Way 11 Vetoed (b) Railbelt Energy Fund Letter 12 (c)_ Appointment Hope/Sunrise Advisory Planning Cm 12 (d) Request for Tree Removal 12 (a) Motion to Rescind Reimbursement 12 Too late S. ASSEMBLY AND MAYOR'S COMMENTS T. INFORMATIONAL MATERIALS AND REPORTS U. NOTICE OF NEXT MEETING AND ADJOURNMENT (3/6/90) 2 KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING MINUTES February 20, 1990; 7:30 p.m. Borough Administration Building Soldotna, Alaska A. CALL TO ORDER The regular meeting of the assembly was called to order at ap- proximately 7:35 p.m. by Pres. Jim Skogstad. B. PLEDGE OF ALLEGIANCE C. INVOCATION As the scheduled minister was unable to attend, Mrs. Walli led the assembly in reciting the Lord's Prayer. D. ROLL CALL PRESENT: Assemblymembers Brown, Atkinson, Crawford, Glick, Hodgins, Keene, Superman, McLane, Moock, Mullen, Nash, O'Connell, Poindexter, Sewall, Skogstad, Walli; Mayor Gil- man, Atty. Boedeker, Planning Director Troeger, Finance Director Kinney, Borough Clerk Brindley ABSENT: None E. VACANCY, DESIGNATION OR SEATING OF ASSEMBLYMEMBERS F. APPROVAL OF MINUTES The minutes of the regL'_ar meeting of February 6, 1990 were ap- proved as written on a motion by Assemblymember Glick. G. COMMITTEE REPORTS (a) Finance (Chm. Sewall, Vice Chm. Nash, Glick, O'Connell, Keene) Mr. Sewall reported the Finance Cmte. had discussed the pull tab issue in addition to agenda items. (b) Legislative (Chm. Crawford, O'Connell, Glick, Mullen) Mr. Crawford reported full funding for schools and for school bonded indebtedness are moving well through the process. Another bill moving smoothly is one funding the Cooper Landing fire break. He noted there is nothing on the Governor's capital im- provement list for the Borough. He anticipated a resolution taking care of the transfer site deregulation legislation for the next meeting. He reported there is a bill to provide loan monies for solid waste facilities and one relating to forest practices. It is reported the railbelt energy fund will be divided up without reserving for the interties which was not specifically on this Borough's list either. There were two programs which should be supported, State Parks Tourism Projects - District 5 and the U of A Indoor Fire Training Facility. Ms. Huss will take a letter to Juneau tomorrow if the Assembly agrees. (c) Local Affairs/Lands (Chm. Brown, Vice Chm. Crawford, - Moock, Mullen, Poindexter, Superman) Mr. Brown reported the committee discussed agenda items and a letter from Mr. Hodgins requesting a motion be approved asking DOT to remove the dangerous tree reported by Mr. Smith at the last meeting. 1 (d) Public Works/Ed (Chm. McLane, Vice Chm. Moock Atkinson, Hodgins, Superman, Walli) Mrs. Moock stated she would report on the school related agenda items as they came up. H. REPORTS OF COMMISSIONS AND COUNCILS I. MOTIONS TO RECONSIDER J. AGENDA APPROVAL AND CONSENT AGENDA Mr. Nash requested the removal of the vacation from Consent Agenda. Mr. Sewall requested on behalf of Finance Cmte. that Res. 90-15 be removed from the Consent Agenda. Mr. Crawford re- quested the letter regarding railbelt funds be placed on the agenda under Other Business. Mr. Superman requested the removal of Appointment of Hope/Sunrise Planning Commission from the Con- sent Agenda. Mr. Sewall reported the Finance Cmte. supported for introduction Ord. 90-14, Ord. 90-17 (setting for shortened hearing of March 6) and adoption of Res. 90-16. The Consent Agenda was approved as follows: (a) Appointments to Cooper Landing Advisory Planning Com- mission (Helen Rhodes (2 yrs.), Will Troyer (2 yrs.), Mark Wilson (2 yrs.), Arthur Anderson (3 yrs.), Ed El- lis (3 yrs.) (b) Ord. 90-12 "Amending the Kenai Peninsula Borough Code Concerning Assessment and Board of Equalization Proce- dures" (Policies and Procedures Committee) HEARING 3/20 (c) Ord. 90-14 "Appropriating $25,000 from the South Kenai Peninsula Road Maintenance Service Area Fund Balance to Unit #3" (Mayor) HEARING 3/20 (d) Ord. 90-,17 "Authorizing the Appropriation from the Solid Waste Account of the General Fund to the Sterling Special Waste Site Account for the Closure of Sterling Special Waste Site" (Mayor) HEARING 3/6 (e) Res. 90-16 "Supporting 100 Percent Reimbursement of En- titlement on School Bond Debt" (Mayor) K. ORDINANCE HEARINGS (a) Ord. 90-4 "Appropriating $106,000 from the General Fund Balance for Installation of a Wooden Gym Floor at Susan B. English School" (Keene) ASSEMBLYMEMBER KEENE MOVED THE ENACTMENT OF ORD. 90-4. Mrs. Moock reported the Education Cmte. had a lengthy debate and School Board Pres. Obendorf attended the committee as well as John Dahlgren. She stated the School Board was presented with and approved a prioritized list of 10 needed capital improvement projects -with the floor being #6. A letter from the Risk Manager indicated his inspection showed some worn spots in the existing floor but that it was not a major safety and health issue at this time. There are other schools with the same flooring, but there are advantages of multiple use activities that could not be al- lowed on a wood floor. The committee voted not to approve the single project, although it would be approved with the entire list. She noted if the floor is to be installed in time for next year, it would have to be funded by April 1. She reported the 2 KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF FEB 20, 1990 Seward school construction may be complete with $1 million left in the contingency; if so, the capital improvements list could be funded without taking from the general fund, but that won't be known until May. Mr. Sewall reported Finance Cmte. looked at this as forward fund- ing of one of a list of items approved by the school administra- tion as well as the Mayor and voted unanimous support. Public hearing was opened. John Kistler, Soldotna, asked the assembly to consider the need of Tustumena Elementary School which is over crowded with 4 port- able classrooms, one of which he knew was 22 years old. Public hearing was closed. Mr. Atkinson stated prioritization of school improvements is the School Board's responsibility. Mayor Gilman stated a revised schedule for bid put April 17 as the last date by which it must be approved. Mr. Keene replied to the Risk Manager's opinion by stating his personal experience as referee for games at this school in com- parison with other schools, showed a clear difference in how he felt physically after playing on this floor. He urged enactment of the ordinance, feeling there was no conflict with the school board as an early approval was necessary for this project. Mr. Brown supported the ordinance as a health and safety project and the timeliness of it. Mr. Crawford stated the Seldovia residents have been patient and he hoped the assembly would not hold it up another year. ASSEMBLYMEMBER MOOCK MOVED TO AMEND BY CHANGING THE AMOUNT THROUGHOUT FROM $106,000 TO $700,000 AND CHANGING THE TITLE TO READ, "APPROPRIATING $700,000 FOR CAPITAL IMPROVEMENT PROJECTS FOR THE KENAI PENINSULA BOROUGH SCHOOL DISTRICT", STRIKING EXIST- ING WHEREAS CLAUSES, ADD, "WHEREAS, the Kenai Peninsula Borough School Board adopted a capital improvement project list of ten projects for FY 1990-91; and WHEREAS, adequate funds are avail- able in the general fund to fund these projects; and WHEREAS, there is no reason to delay the appropriation of these projects;" and "Section 1, That $700,000 is appropriated from the general fund for school capital projects as follows: 1) Areawide port- ables, $40,000, 2) KCHS library roof repair, $50,000, 3)Chapman Elementary paving, $27,000, 4) Homer Jr. High water pipes, $135,000, 5) Homer High Staefa heating controls, $108,000, 6) Seldovia gym floor, $108,000, 7) Soldotna Elementary bus area, $89,000, 8) Soldotna High pool lockers, $35,000, 9) Seward High pool lockers $35,000, 10) Seward Elementary remodel, $75,000, for a total of $700,000. Section 2, That accounts for these projects will be established in Fund 400 Capital Projects and all expendi- tures for the project will be charged against the project account." ASSEMBLYMEMBER MOOCK MOVED TO POSTPONE TO MARCH 6. Atty. Boedeker answered questions regarding time and publishing by stating that the ordinance would have to be postponed to the next meeting and the substance of the amendment published as well, with an extended hearing. THE MOTION TO POSTPONE FAILED BY A VOTE OF 4 YES TO 11 NO: YES: Moock, McLane, Glick, Mullen NO: Sewall, Poindexter, Atkinson, O'Connell, Crawford, Skogstad, Brown, Keene, Nash, Superman, Walli Mrs. Moock stated her reason for making the amendment was that at the school board meeting, the board remained convinced that the list was in the proper order of priority and she did not think the assembly had a right to "cherry pick" the list. She stated the logic for opening Skyview was that the portables being used at SoHi were desperately needed at other schools such as Tustumena--the moving had to be funded. She described the risk of loss with other items listed prior to the gym floor as well as the health and safety issues. Mr. Sewall spoke against the amendment, stating he hoped the as- sembly would be able to fund all the capital improvements when the funds are available. The larger question is school board vs. assembly authority. Education issues are different, but he believed the assembly had the prerogative to fund capital projects according to what they perceived as most necessary. **Pres. Skogstad noted the arrival of Mr. Hodgins (8:50 p.m.). THE MOOCK AMENDMENT FAILED BY A VOTE OF 3 YES TO 13 NO: YES: Moock, McLane, Mullen NO: Sewall, Poindexter, Hodgins, Atkinson, O'Connell, Crawford, Glick, Skogstad, Brown, Keene, Nash, Superman, Walli ASSEMBLYMEMBER MOOCK MOVED TO AMEND TO ADD $40,000 FOR THE MOVING OF THE PORTABLES WITH THE FIRST WHEREAS TO READ, "WHEREAS, the assembly has determined a need exists to install a wood gym floor, acoustical material in the Susan B. English School in Sel- dovia and move portables from Soldotna High School and relocate them throughout the borough;". MOTION FAILED BY A VOTE OF 2 YES TO 14 NO (Moock, Crawford voting Yes). ORD. 90-4 WAS ENACTED BY A VOTE OF 11 YES TO 5 NO: YES: Sewall, Poindexter, Hodgins, Crawford, Glick, Skogstad, Brown, Keene, Nash, Superman, Walli NO: Moock, McLane, Atkinson, O'Connell, Mullen L. INTRODUCTION OF ORDINANCES (a) Ord. 90-13 "Amending the Borough Code Provisions Regarding Assembly Members' Car Allowance Compensation" (Hodgins) ASSEMBLYMEMBER HODGINS MOVED TO SET ORD. 90-13 FOR HEARING ON MARCH 20. Mr. Sewall reported Finance Cmte. had a split vote on the or- dinance with Policies and Procedures Cmte. members casting the negative votes and recommending the subject be taken up by their committee. There was no public comment. Mr. Hodgins expressed frustration with the term "car allowance", preferring to call it a wage, raising the question whether the borough is liable for a car covered by the allowance in the event 4 KEN_AI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF FEB.20 1990 of an accident. Also, if a car allowance is received, the mileage is redundant. He did not know a committee intended to work on this area. Mrs. Glick appreciated Mr. Hodgins' concern, stating Mr. Nash had listed what the Policies and Procedures Cmte. would be working on, including assembly compensation, and asking for input. She recommended a hearing not be set but that the ordinance be referred to the Policies and Procedures Cmte. for study. ORD. 90-13 WAS DEFEATED BY A VOTE OF 6 YES, 9 NO, 1 (McLane) AB- SENT. YES: Sewall, Hodgins, Moock, Atkinson, O'Connell, Keene NO: Poindexter, Crawford, Glick, Skogstad, Mullen, Brown, Nash, Superman, Walli (b) Ord. 90-15 "Establishing an Efficient Means of Deter- mining qusinesses Which Are Eligible for Exemption from Sales Tax, and Defining Instances Where Food Sales are Exempt" (Hodgins) ASSEMBLYMEMBER HODGINS MOVED TO SET ORD. 90-15 FOR HEARING ON MARCH 20. Mr. Sewall reported the Finance Cmte. had a unanimous do set for hearing recommendation. Mr. Brown raised the question of conflict of interest stating he is employed by a non-profit organization. Pres. Skogstad ruled he did not have a conflict. Mr. McLane reported he serves on -the board of the Soldotna Cham- ber of Commerce, noting chambers in this area have activities that fit in with those listed as 501 C(3). In some parts of the borough, such as Funny River Road, the chamber of commerce is the only organized civic group. He believed their activities should be considered and possibly expanding the list in this ordinance. ORD. 90-15 WAS SET FOR HEARING BY UNANIMOUS CONSENT. (c) Ord. 90-16 "Prohibiting the Sale of Alcoholic Beverages Between the Hours of 2:00 a.m. and 9:00 a.m., In All Areas of the Kenai Peninsula Borough Outside Cities" (Sewall) ASSEMBLYMEMBER SEWALL MOVED TO SET ORD. 90-16 FOR HEARING ON MARCH 20, ADDING ASSEMBLYMEMBER GLICK AS A COSPONSOR. Mr. Brown reported Local Affairs/Lands Cmte. had a do not set for hearing recommendation. Dave, Carev, Soldotna, asked the assembly to consider 4 things in connection with this ordinance: 1) the livelihood of people work- ing in liquor selling establishments, 2) what the'sales tax losses would be, 3) it is a restriction against a certain ac- tivity, 4) the voters should have opportunity to vote on the issue. He hoped it would not be set for hearing. Mr. Sewal-1 stated he was not trying to legislate morality in any way. The ordinance deals with a controlled substance believed most abused in terms of cost in both money and lives. The City of Seward did restrict the sale of alcoholic beverages and they requested, because of the resulting problem of people driving outside city after hours that it be considered on a boroughwide or areawide outside city basis. Since it is a revenue question, he chose to address it on an outside city basis. There is an ar- gument for boroughwide restriction and if an amendment is made, 5 KENAI PENINSULA BOROUGH ASSEMBLY REGULAR ME .TIN. OF FEB 0, 1990 he would wish to get input from the other cities. He reported in his 29 years in health care, the amount of problems caused in the late morning hours by alcohol abuse justifies an attempt to change. He did not believe it to be over -restrictive, and such an ordinance was passed by both Anchorage and Juneau. Mr. Mullen stated he was philosophically in favor with the change, but he feared it might create more problems than it solved. There are four other cities in the borough that would be affected by this because it addresses the outside city area and would create an inequitable situation. He stated he could sup- port taking it to public hearing, but unless the issues of im- balance were addressed, could not support enactment. Mr. McLane believed Local Affairs Cmte. should consider this; he felt it would create the opposite problem it seeks to resolve in that people would then migrate into the cities at bar closing in the other areas of the borough involving a larger population. He recommended it be sent to committee without a hearing set and find out what the response would be from the other cities. Mr. Sewall was asked for data to support his proposal and he stated he had only observed that 90 percent of the calls back to the hospital after 2 a.m. involve alcohol in some way. Mr. Brown believed it was such a monumental issue that it should be taken to the voters for deciding. Mr. Superman questioned the borough's authority to set hours and Atty. Boedeker stated Title 4 of the Alaska Statutes provides the municipality can regulate hours within its boundaries, it does not differentiate whether it can do so on an areawide or non- areawide basis. Mr. Superman disagreed with setting more restrictions on an overregulated industry and creating an unequal situation. Mrs. Glick viewed this issue as similar to the fireworks issue which after much discussion and committee work, was validated by the voters. She recommended committee study, possible public hearings and perhaps making it a ballot issue. In reply to further questions, Atty. Boedeker stated the assembly could ask for a vote both inside and outside the cities on the matter. He stated that might be most appropriate since one of the issues with overlapping authority sometimes found in the Statutes is one of jurisdiction. ORD. 90-16 WAS SET FOR HEARING BY A VOTE OF 9 YES, 7 NO: YES: Sewall, Poindexter, Moock, Atkinson, Glick, Skogstad, Mullen, Keene, Walli NO: Hodgins, McLane, O'Connell, Crawford, Brown, Nash, Superman Pres. Skogstad stated the Local Affairs Cmte. would be studying the issue. Mr. Sewall asked that the cities be contacted for a response prior to public hearing. Pres. Skogstad called a 10 minute recess. Mr. Keene was excused from the balance of the meeting. M. CONSIDERATION OF RESOLUTIONS (a) Res. 90-9 "Reclassifying Borough Patented Land Described as Lot 1 Sterling Fire Station from "School Purposes" to "Public Use" and Approving the Use for the Ridgeway/Sterling Fire Service Area" (Mayor, Req. R/SFSA) ASSEMBLYMEMBER GLICK MOVED THE ADOPTION OF RES. 90-9. Mrs. Moock reported the Education Cmte. had a recommendation of 3-2 in favor of adoption. Mr. Brown reported Local Affairs Cmte. had a unanimous do pass recommendation. Pres. Skogstad passed the gavel to Vice Pres. Mullen in order to ask Mayor Gilman if there were other parcels in the vicinity that might be available for the training facility. Mayor Gilman was not aware of any. Ridgeway/Sterling Fire Chief Phillips was present and was asked the question. He replied this property was requested so that the existing facility could be added on to and be utilized in con- junction with the other portion --it is actually the remainder of the lot on which the station is built. Pres. Skogstad recalled the controversy Nhen the first reclassification was approved for building the station on school designated lands and this was an enlargement of it. He asked if the facility could be placed next to the Mackey Lake Fire Station instead. Chief Phillips reported that station was approximately half the size of the Sterling Sta- tion. The plan includes a classroom addition as well as grounds development that will be used for a drain field for a new sewer system required by the new building and a flat training area that will one day be used for construction of further fire fighting training facilities and a large fenced area for storage of wrecked automobiles to use for extrication training. The gavel was returned to Pres. Skogstad. Mr. O'Connell asked what the expected cost of the project was and Chief Phillips stated the architect's estimate for the addition was $200,000 and $60,000 has been put in the budget for grounds preparation. A $200,000 grant has been applied for. Mr. Atkinson asked why the school next door could not be used for the classroom training. Chief Phillips stated the hours needed made it incompatible with school use. He added approximately 15-20 hours a week would be spent in classroom training and there are 35 volunteers and 15 full-time firemen who would benefit. RES. 90-9 WAS ADOPTED BY A VOTE OF 10 YES TO 5 NO: YES: Sewall, Poindexter, Moock, McLane, Crawford, Mullen, Brown, Nash, Superman, Walli NO: Hodgins, Atkinson, O'Connell, Glick, Skogstad (b) Res, 90-13 "Resolution Declaring That As a Matter of Public Policy Petroleum Fire Training Facilities are Incompatible with Residential Uses of Lands Within the Kenai Peninsula Borough in the Area Outside of Cities" (Superman) ASSEMBLYMEMBER SUPERMAN MOVED THE ADOPTION OF RES. 90-13, ADDING MR. ATKINSON AS COSPONSOR. Mr. AY-svu rggarted Local Affairs Cmte. had a split vote on recom- Mendation, Public comment was opened. Marilee Johansen stated she lives 1.25 miles from the proposed site and is opposed to the fire training facility in a residen- tial area. It would be duplicating the mistake made with its ? kr 7 KENAI PENINSULA BOROUGH ASSEMBLY R . U AR MEETING OF FFS. 20- 199a last location. She presented a petition with 150 signatures to show people don't want the facility in any residential neigh- borhood. Gary Smith, ARCo Alaska in Anchorage, expressed concern for the way the facility was being characterized in the media, noting it is intended to provide a full spectrum of fire fighting training, including both public and private entities, Class A, B and C fires. A modern, cold weather fire training center is needed in the state and could potentially attract people outside the state who need state of the art in cold weather training. The latest technology does include inside training using a computer control- led simulator. This would not eliminate entirely the need for some open burning training. He stated the wording in Section 1, "within the general proximity of any established residential use area" needed to be replaced with something more specific or the whole peninsula could be eliminated. Sherrig Matson stated she lives 1.25 miles from the proposed site and was speaking,as a not -in -my -backyard person. She was con- cerned that the site selection process did not take into account the feeling of the neighborhood. She had concern for the par- ticulates going into the air along with existing producers and the health of the environment. She addressed the danger of having fuel trucks on a one way road. She did not want to see the road widened or other development in the residential area. She felt if with a closed facility there really wasn't a problem then it should be moved closer to Kenai where all of the facilities are more accessible. She stated it made her ill to think of the nature of her neighborhood being so changed. Mr. O'Connell asked if any of the people concerned about the facility had ever considered it's possible to create a local zoning district which would protect them against such develop- ment. She felt most of the people in the area have not been in- volved in the political process but have not felt assaulted before; perhaps that is what needs to be done for their protec- tion. Holly Norwood, Nikiski, stated she had received fire training at KPC'C and acknowledged the need for such a facility but she did not believe this was a good location for it. She was aware of the hydrocarbons that are used and was more concerned about ground water pollution than air problems. Gilbert Veal, Douglas Lake, stated he would like to see the facility built on the Peninsula, but not in a residential area. Phil ,with, Douglas Lake, stated he did not want to see it go in this location and suggested it be placed on the large ARCo property. He noted the revenue would be great for the Peninsula, but not so close to residents. Mr. Superman stated the point had been made that there are other, more appropriate places for the facility to be located. He reported spending extensive time with the state task force on water quality and he reported damage is extensive. A closed facility was not planned and is only being considered at this point, he believed, because people out North got up in arms. It seemed signing petitions was the only mode of redress available. Mr. Brown stated he totally supports the school, but agreed with the residents that this is an inappropriate location and believed the University would reject the site. Officials now believe the closed facility would bring in more revenue because it could of- fer year around training. The closed facility is on the list for the Railbelt Energy fund and he believed it would be built. He wished to send a strong message that while it should be relocated and hearings be held but that it should be located somewhere on the Peninsula. He suggested an assembly member or two could hold a public hearing if that was desired. Mr. McLane noted the borough does not have land use planning out- side cities with the exception of a couple of zoning districts. He asked if the sponsor had considered describing the area that should not be used in a more specific way. Mr. Superman felt "general proximity" was understood to be about two miles. Mr. Nash believed distance was important considering the poten- tial problems of contamination with individual home wells and the reason it is difficult is aquifers which might go in different directions. Prevailing winds have an effect too and should be considered, as well as vegetation such as trees, open areas or wetlands. He reported FAA prevented it from being within 5 miles of the airport. Mr. Atkinson referred to the cost of closing out the Sterling Special Waste SitV and stated the assembly would be inconsistent if it does not protest the location selected. Mr. Sewall stated at the last election it was made clear borough residents outside city do not want zoning but he saw this resolu- tion as a broad zoning restriction. He did not believe the as- sembly had the authority to adopt it. Mr. Hodgins recalled when there was a toxic waste site planned for a site out north, a seemingly perfect spot was found for it across the Inlet, but it turned out it was near a seasonal resident's home. He did not think there was a place that would qualify under the resolution's wording. ASSEMBLYMEMBER GLICK MOVED TO ADD SENATOR BINKLEY'S NAME TO SEC- TION 2 AND IT WAS APPROVED BY UNANIMOUS CONSENT. RES. 90-13 WAS DEFEATED BY A VOTE OF 3 YES, 12 NO: YES: Atkinson, Nash, Superman NO: Sewall, Poindexter, Hodgins, Moock, McLane, O'Connell, Craw- ford, Glick, Skogstad, Mullen, Brown, Walli (c) Res. 90-14 "Resolution Requesting That the Kenai Penin- sula Borough Be Permitted to Participate in the Site Selection for the Fire Training Facility" (Nash) ASSEMBLYMEMBER NASH MOVED THE ADOPTION OF RES. 90-14. ASSEMBLYMEMBER GLICK MOVED TO ADD SENATOR BINKLEY'S NAME TO SEC- TION 2 AND IT WAS APPROVED BY UNANIMOUS CONSENT. Mrs. Moock referred to Mr. Smith's testimony that this was in- tended to be a public/private all purpose fire training facility. ASSEMBLYMEMBER MOOCK MOVED TO STRIKE THE WORD "petroleum" FROM THE FIRST WHEREAS AND SECTION 1, STRIKE THE SECOND WHEREAS EN- TIRELY, REQUESTING UNANIMOUS CONSENT AND THERE WAS NO OBJECTION. ASSEMBLYMEMBER MC LANE MOVED TO ADD A THIRD WHEREAS TO READ, "WHEREAS, the Kenai Peninsula Borough is a local planning authority and has expertise that may be available to the site selection process;" Mr. McLane stated Title 29 sets up the boroughs as the planning authority and although there is land over which there is no con- trol, it does have more information than any other group. THE MC LANE AMENDMENT WAS APPROVED BY UNANIMOUS CONSENT. KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF FEB 20 1990 RES. 90-14 WAS ADOPTED AS AMENDED BY A VOTE OF 14 YES TO 1 (Crawford) NO. (d) Res. 90-15 "Awarding a Contract to Cummins Northwest, Inc. for the Purchase of One Diesel Fueled Standby Gen- erator Set with Automatic Transfer Switch and Extended Warranty Coverage" (Mayor) ASSEMBLYMEMBER GLICK MOVED THE ADOPTION OF RES. 90-15. Mr. Sewall reported the Finance Cmte. had a recommendation to adopt. There was no public comment. Mr. Sewall reported the committee did wish to ask Mayor Gilman regarding the two lowest bids which were not accepted. He noted the lowest bid was rejected because it did not meet the minimum specifications of "a matched unit". The second was rejected be- cause it did not, meet the delivery date of 30 days following receipt of the order and they questioned why the time limitation was necessary. Mayor Gilman stated the generator is for the emergency radio sta- tion, replacing one previously ordered under faulty specifica- tions. They believed it was imperative to have the avenue for disbursement of information available if electricity should again be knocked out by the volcano eruptions. He asked Mr. Chambers of the Maintenance Dept. to explain minimum specifications re- quired. Mr. Chambers reported the same specifications have been used for the past six years, to insure long term cost savings and to have a single source of parts and maintenance from one vendor. Mr. Sewall stated the committee recommended adoption upon ex- planation of the rejected bids. Mr. McLane stated his objection to rejecting a local firm that employs local people, collects and pays sales tax while awarding it to a firm that to his knowledge does not have a local jobber. He requested the clerk obtain a copy of the local preference or- dinance enacted by the Fairbanks North Star Borough for con- sideration locally. Mr. Nash supported adoption in order to protect the integrity of the bid process but stated he did not understand the 30 day re- quirement as the radio station has always had frequent lapses. In addition, he knew parts from many different manufacturers had been made compatible. RES. 90-15 WAS ADOPTED BY A VOTE OF 12 YES, 3 NO: YES: Sewall, Poindexter, Moock, Atkinson, O'Connell, Crawford, Glick, Skogstad, Mullen, Nash, Superman, Walli NO: Hodgins, McLane, Brown N. PENDING LEGISLATION (This item lists legislation which will be addressed at a later time as noted) (a) -Ord. 89-40 (Mayor, Req. Task Force) TABLED 1/16/90 (b) Ord. 90-6 (Nash) HEARING MARCH 6 (c) Ord. 90-8 (Mayor) HEARING MARCH 6 (d) Ord. 90-11 (Mayor) HEARING MARCH 6 10 (e) Res. 89-129 (Poindexter) REMANDED TO PUBLIC WORKS COM- MITTEE -POSTPONED TO MARCH 20 O. FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON SUB JECTS NOT ON THE MEETING AGENDA P. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS John Kistler, Soldotna, asked if, since the moving of portable classrooms comes under the Maintenance Dept., had that been put in the preliminary borough budget. Mayor Gilman stated the move- ment of portables has been deemed to be a capital item and is in- cluded on the list that will be considered further by the As- sembly when the budget is submitted. Mr. Kistler commented on the age of the portables, stating his daughter will be using the same one he used as a student. He believed extracurricular ac- tivities' facilities had been given priority over facilities for more basic studies, noting the community college provides remedial math courses. Q. MAYOR'S REPORT Mayor Gilman had no report, but in answer to a question from Mr. Brown, he stated a request for a new ball field at Tyonek was renewed last year by the Village Council as a borough capital project item. He reported the North Peninsula Recreation Service Area has an amount he believed to be $40,000 set aside as their share of a ball field. Ownership of land in Tyonek is not a clear-cut issue, but the Council has come up with a piece of land adjacent to the school which it will donate for the project. The amount set aside was not sufficient last year and the balance needed is somewhere on the school districts priority list of projects. R. OTHER BUSINESS (a) Vacate of Ed Street Public Right -of -Way Mr. Nash noted from the maps this action would eliminate one more access to the Kenai River without having any input from the Kenai River Advisory Board. He noted ADF&G and ADNR had objected but the Planning Commission approved it. The subdivision lots were purchased with full knowledge the right-of-way was there. ASSEMBLYMEMBER SEWALL MOVED TO VETO THE ED STREET RIGHT OF WAY VACATION. Mr. Sewall noted he had questions, as public comment in the Plan- ning Commission minutes seemed to be evenly divided. It did not appear to be an appropriate place for a road, but possibly a path, which would be eliminated with the vacation. He requested the walk-in access referred to be located. Planning Director Troeger reported there is a pedestrian access easement created on the subdivision plat 1/4 of a mile north of subject right of way but it is preserved for usage of the owners of the subdivision lots, not for public use. The next public ac- cess would be another 1/2 mile upstream or 1/4 mile downstream, at Morgan's Landing. Mr. McLane noted when the public rights are gone, preservation of wetlands that may occur in the right-of-way and watershed aspects are also gone. Mr. Poindexter stated there was a growing interest in maintaining public access by trails and without an overall plan to preserve access, options were diminishing through granting of vacations. 11 Roger AyjLlg, Lot 18 Bos'n Landing Subd., stated he understood concerns for public access, but noted Ed Street was planned as subdivision access to the river although it was never con- structed. He said the increase to the value of his lot with the inclusion of an additional 30 ft. might offset the 50 ft. turn around that is proposed go into his front yard. He noted there was a wet area at the north end of the access which could turn into a road without any approval. He was certain a boat launch would then be built. At Morgan's Landing there was a deep water boat launch but is not utilized because it is classified a no boat fishing area for two months. State land continues for nearly two miles so that people who want to get away from boat launching can do so. He reported people utilize his driveway to access the river because the right-of-way area is too wet. THE MOTION TO VETO WAS APPROVED BY A VOTE OF 14 YES TO 1 (Atkinson) NO. (b) Railbelt Energy Fund Letter Mr. Crawford stated the Legislative Committee felt it would be beneficial to send the letter presented regarding distribution of the Railbelt Energy Fund. It recommends the Borough's 10.70 per- cent based on population be spent to fund: 1) State Parks Tourism Projects, District 5, $2,123,000, and 2) U of A Indoor Fire Training Facility, $3,000,000. Support for the letter was ap- proved by unanimous consent. (c) Appointment to Hope/Sunrise Advisory Planning Commis- sion Mr. Superman questioned receiving applications of only those recommended by the Mayor for appointment. Mayor Gilman reported he had received three applications and had never sent all ap- plications received to the Assembly for review. He stated he had felt more comfortable nominating a person he had known for several years than someone unknown to him. ASSEMBLYMEMBER SUPERMAN MOVED TO APPROVE THE APPOINTMENT OF WIL- LIAM TRIMMINGHAM FOR A TERM EXPIRING IN SEPTEMBER, 1990. MOTION WAS APPROVED BY UNANIMOUS CONSENT. (d) Request for Tree Removal Mr. Brown requested a letter be sent to Dept. of Transportation requesting removal of trees overhanging the Sterling Hwy. Mayor Gilman stated he believed it was a moot point as the Forest Serv- ice has already advertised to remove dead trees within that sec- tion of the highway. Pres. Skogstad reported they have already begun to mark trees for removal. (e) Rescind motion to reimburse ASSEMBLYMEMBER ATKINSON MOVED TO RESCIND THE MOTION OF JANUARY 3 TO APPROVE REIMBURSEMENT OF MR. HODGINS' TRIP TO JAPAN/KOREA. Mrs. Moock raised a Point of Order in that the motion refers to an action taken 45 days ago and the money has already been ap- propriated and disseminated. Pres. Skogstad called a brief "at ease" during which time he dis- cussed the motion with Atty. Boedeker. Mr. Boedeker stated the motion came too late both in the meeting (after the midnight deadline for legislative business) and too long after issuance of the reimbursement check. 12 S. ASSEMBLY AND MAYOR'S COMMENTS Mr. Sewall invited interested persons to attend the ceremony and activities opening the Iditirod Trail, the first 12 miles of which have been brushed out beginning at Nash Road, near Seward. Mr. Hodgins announced his intention of writing an ordinance to allow voters to vote on removal of port and harbor power restric- tions and also another assembly compensation ordinance. He an- nounced Mr. Frank Turpin, Chairman of the Board of the Alaska Railroad would be on the Peninsula for an EDD meeting. Mrs. Moock invited interested persons to attend the Soldotna Winter Games on Saturday and Sunday. She reported the School Board approved hiring of a new Superintendent, Dr. Robert Holmes whose contract will run July 1, 1990 through June 30, 1992. She encouraged members to attend budget hearings at various locations around the Peninsula. Mr. Crawford called attention to the memo from Ms. Huss on cur- rently considered legislation. Mrs. Walli addressed the school budget process, stating there used to be more assembly and public participation in the workses- sions. She stated Anchor Point is also having its Snow Rondi this weekend and described its activities. Mr. Superman announced the Nikiski Community Council will meet either February 26 or 28; asking interested persons to watch the NFSA marquee for exact date. Mr. Nash reported Policies and Procedures Cmte. will meet at 6:30 p.m. on February 28; anyone interested in attending should check with the Borough Clerk for location. He asked the Mayor concern- ing a request for proposals for a comprehensive plan. Mayor Gil- man stated most of the work, including holding public hearings, has been done internally by borough staff. The final compilation of information, maps, charts and graphs, will be done by an out- side firm. Mr. Nash noted that in spite of comments made, the borough is working through a rather complex planning process. Mr. Brown stated he still supports the noxious, injurious and hazardous use ordinance. He requested some type of public hear- ing be held in Nikiski on the fireschool location. Mr. Mullen commented on the Soldotna/Magadan Youth Summit this winter and passed on a certificate from the Alaska Legislature naming the Borough Assembly as one of the sponsors. He stated 40 residents of Magadan visited the area, and he was proud that the Assembly had contributed to help make their visit memorable. Pres. Skogstad announced that the Borough Clerk would be retiring June 1, providing a draft advertisement for her position. He stated his intention to form a committee made up of present of- ficers and past presidents to evaluate applications, passing on the finalists' to the assembly. T. INFORMATIONAL MATERIALS AND REPORTS U. NOTICE OF NEXT MEETING AND ADJOURNMENT Pres. Skogstad announced the next meeting of the assembly would be March 6, 1990 and this meeting adjourned at 12:40 a.m. Date approved-s�G ST: JaAes Skogstad, ApOeftly President ;"etK-,r, 13 Coalit� CNG for ,-r: 1V F-0 Non -pro Gaming MEMO: To: AN Gaming Permit Holders ti a� r tanK R+n4rtgha, President - !6 dlkvft to Lectors The Coalition for Non-profit Gaming Is actively protecting YOUR INTERESTS the future of Charitable in Alaska. Our Executive Director, Marco Plgnalberi is in Ameau far tine *"#on of the IsoalsOvee a emplom as a rpitons kftyrt to how* OW 1610MM WOW the Nnnpairta " YEQWR on Unts valuable fundraishhp tool. To help Marco make the message loud and clear. please complete the attached af- fidavit and return It to CNG as soon as possible. The information you provide will be tabulated and summarized to point out THE VALUE TO YOLIA COMMUNTY THAT GAMING REVENL E PROVMS. If your !knot fig- ures for 1889 aren't available yet, please give a close estirnate. Your Annual Report to the Deparir wR of Commerce (a public record) woWt be aYdabiin in sm to hula us bdilmn" preoft ieaiaiadm The primary thrust of ONG during this session is to protect the "Third -Party" vendor relations* that mangy► ohharttles &4 non -profits wa to market pull -tabs. Testimony at Department of Commerce Hearings was OVERWFELMW31-Y in favor of full Nagel status for merdtants selling putt -tads on behalf of a licensed organization. We carsnot be *we that legislators will QQeet this from the depar1manut, The departrmernt has said that 9 will STOP Tif THRO-PARTY MAM FtE1 ATM AW If Nita legislature falls to act this session. If you believe, as we do, that CNG membership protects charity gaff" in Alaska, we would value your association with us as a member. Members* meetings are held the 2nd and 4th Wednesdays of each month, IR30 PM. Reese pin to attend and joinl REMEM113ER: The most co m�message to legislators is the value your projects and programs pro to the people you servel Please help us QQ��rrt� title me"ago accross. Please fillIn fine attached form and mall it TCAYl PS: If you have questions about the form, please cal me at 1-000 478-4264 111 be glad to help. 4040 AfoLo +en Ytrw 57v® (00-7) 27"-"-? AmherV#, 1 ---- Affidavit To: Members of the Alaska Lo4aiature RV Gaming Revenue and Application of Furth L __-- ---------- ----- depose and say that I am �ame� of holder of Alaska C3aming Licorice (Name i.f Qzga.-izatiar,l and authorized to make the foliowing representa- Lip»• �•. �:mEo� > tions on thier behalf: in 198% my organization conducted the folowing activities: (Typo of Gaming Activity) (Total Revenue) (Soif- (Operator (List each separately. le: 31n4o. Mull -Tabs, Raffles. Draritge directed) Conducted) $ s Total Revenue: $ We (dld) (did rat) cooperate with morchant(s) to market Pull -Tabs on our b~. We (do) (do not) favor fuay k4al status for 'Ttdrd-Party Verwers'. From Total Revenue. We paid $__________________ to Prize Winners. We also paid li_----------- __ in expenses directly reiated to the con- duct of Gaming (ie: Supplies, Prinft Cost of Games, Tax, Rent. Wages, etc.) We paid a Licensed Operator S_..... ............. to conduct gaming on our behalf. (Do not include rages paid to seebosaI After all expenses, we were able to apply i___________________ to the fokwkq PROGRAMS AND PROJECTS: -------------------------- ---------------- $----------- --- - ----------------- ---------------------- $---------- -------------------------------- $ -------------- The" PROGRAMS AND PROJECTS are central to the purpose of our organization. We urge members of the 1"Wature to carefully consider the impact on our future that pending gaming legislation may have. ADDITIONAL COMMENTS TO LEGISLATORS:____________________________ Coalition CNG for Non-profit Gaming Application for Membership Amide I - Mon*ora* of Ow Association - &mtwn 1; VoAV members of Me assocla*n &W he charitable &Vwu*4Fbm who hold ow" gvn*V pw"ft, #v&"*d doeftum &-owed. opwompy and eganft wVwgvd 47 MOWWOR ckwftw osmkw Scalow" on b0owl of chwftbb o0Pw**Aww OVW kWW*St&d hdVIdj&1S SW PrOWS may b@CWW M*7**rS but MSY not hev-P V014V d0ft- A person or orgedzebw &W be admitted to ffwnberst* Own congdetron of 0* ffwnbor&V spp&ation &V approve/ by #* Execovo Cowftve Organization Da, �­_.________ A(' , Membership Class: f k }At;t:, Distr iliduio( } Li LCI,J' r_I.a Opti-atuL Designated Member Home Audt ems:; C4"yl,-,p Phone (Day) (Eve riling mati, to: )Organization IDues: &V 2 4 0 Annual Quarterly I Approval: Appi caved by ti1C Extcut i vt Coii,:,al t t ee Date i ( ) D L' t:: S R L7 _ I V e _f Date �r STEVE CC �3- 0, i DEPARTMENT Ole' NATURAL REi URCES Pa awe OE �. eos1a7oaa PHOME: (W 709-2= DIMONOFOI!L AND a4s March 8, 1990 n.� Call for Comments, Proposed Oil and Gas Lease Sale 76, Cook Inlet ti x The Alaska Department of Natural. Resources, Division of Oil and Gas, is prep for sed, Oil and Gas Lease Sale 76, Cook Inlet, and requests that agencies, local goo public submit general information and comments regarding the proposed sale. This nest provides an early opportunity to communicate concerns and information to the division. Ca should be received by July 31, 1990. The proposed sale area includes uplands and tide and submerged lands in the Cook Inlet region. As displayed in the attached map, the Sale 76 area includes waters in the upper inlet and lands in the Matanuska-Susitna Valley and Anchorage, the west side of Cook Inlet, and on the Kenai Peninsula north of Ninilchik. The proposed sale area will only include state Iands available for leasing and nominated by industry and will be substantially smaller than that displayed. Proposed Sale 76 was added to the leasing program in 1989; a decision to hold the sale has not been made. This call for comments is the fist step in the process of gathering social, environmental, and economic information on which to base a decision. It will be followed by another request for comments in the fall of 1991. Comments received will be used to assist the division in preparing a preliminary finding which will discuss the proposed,sale's impacts on the economy and environment and propose measures to mitigate any adverse effects that might result from lease activities. A summary of comments received will also be included. Under the current schedule, the preliminary funding will be completed and notification under AS 38.05.945 that a decision is pending will be published in July 1992. Public meetings may then be held in affected communities. In addition, the Kenai Peninsula and Matanuska-Susitna Boroughs and the Municipality of Anchorage will be provided two opportunities to hold public hearings. After public and agency review of the preliminary finding, the Director of the Division of Oil and Gas will determine whether the sale will best serve the interests of the state. The division will then issue a final finding and decision and public notice. Also included in the preliminary finding will be an analysis of the proposed sale's consistency with the Alaska Coastal Management Program. The Matanuska-Susitna Borough and the Municipality of Anchorage have approved coastal management programs, and the Kenai Peninsula Borough is developing its program. Oil and gas activities in the state's coastal zone must be consistent with the standards of the Alaska Coastal Management Program or the policies of the appropriate approved coastal district program. Considerable information on fish and wildlife has been compiled as a result of previous lease sales in this area. The Cook Inlet region is used extensively for commercial, subsistence, and recreational fishing and hunting. Five species of North Pacific salmon are fished commercially throughout Cook Wet. Many important anadromous streams are found within the proposed sale area. The area also provides important habitat for moose, black and brown bear, caribou, and waterfowl. Several species of marine mammals are found near or within the area. Protected or endangered species known to occur in the proposed sale area include American peregrine falcons, bald eagles, and finback and gray whales. Page 2 A number of state and federal wildlife refuges, game sanctuaries, and critical habitat areas exist within or near the sale area. These areas encompass important fish and wildlife habitat, and have significant scenic and recreational value. The Sale 76 area is contained with the boundaries of the Kenai Peninsula and Matanuska-Susitna Boroughs and the Municipality of Anchorage. Residents of these communities, as well as visitors, harvest the area's resources and recreate in the Sale 76 area. The Cook Ind basin has been the site of extensive exploration and development of oil and gas resources for over 30 years. The oil fields are a major component of the reg on's economy. The potential' r fWaft ail and gas discoveries is considered low to moderate. No decision has been made regarding whether the state will hold proposed Sale 76, which specific areas will be offered for leasing, or which mitigation measures will be imposed on any leases sold. Please submit socioeconomic and environmental information by July 31, 1990 to: Pamela Rogers, Leasing Manager Division of Cif and Gas PO Box 107034 Anchorage, AK 995 10-7034. Comments may also be submitted via courier (Suite 1398, 3601 C Street, Anchorage), via PROFS (NORCDOG), or by'teleicopy (762-2544). Attachment LW/1683C -tS .t- Z 3 q —q o Oman* 10.6 J C rl J�f 1 Old 6" ski aw �;�ioew..dzz lea lih"N or Q Ira IL All Ail Pit MEMO VA M kit �t ONE LA: Zug Pw� 'Mal NFA ppp.-.11,44, or! lol l PrA 1 6. ME I I Poi TIAR WNW -4M MC WE -03K, A 119 WiM, I ZIP I a SIR i EMPLOYEES » DRUG TESTING -- JOB APPLI- CANT DENIED POSITION BASED ON DRUG TEST RESULTS STATES CAUSE OF ACTION UNDER STATE HUMAN RIGHTS LA8V: Finan- ciatl analyst job appli ua t brought suit against a private company after the company refused to hire him be- causeofapositivedrugtsat. Theapplicantalteged that he was discriminated against in violation of New York's Human Rights Law based on an actual or perceived disability without regard to his ability to perfiormtheposition'smpireddudes. Healsoalleged that the company unlawfully suldected hint to a drug test withoutdemonstratin5 that the test wasjob relued. The trial courtdenied thecompany's motion todismiss for failure to state curse of action. According to the Court. the applicant is a dissbW person under the Human Rights Law and the company bathe burden of rebutting the applicant's prittta facie Case of discrimi- nation. Doe Y. Rot, Inc.. 539 N.Y.S.2d 876 (Sup. 1999). .rN " �- 'CIVIL RIGHTS _ PERMANENT EMPLOYEE, PERIOD IN PSO SERVING � MT ARY pERifl© WT TO BE RETURNED TO F� nth POSITION: Appellant, a p - pro - the city of Hutuingwo �h' Carlt emia. was Pro- moted and requite to CIMPletesdodw p robatWwy period. when ft C1ty U" her that she wouldad r e pass probation in her new posmon do exertds right to returnter a that she had Shortly her former permsocat position. tfitet�f last fled a Serc' 1983 a+llitm been tenDitWed• r due process fights' The slitting a violationthst�wrtsapt - Dis1ricttiortsry C y'r'a in t had tw p y m of continuiad amployn�- Thus be •• Appeals lOvt n"L f ►g anal p - tigtt r�., serving the city's personnel gaveAplCiln the n" don of continued aMploym+� tion fmo McGrew V. City of which she had been3$4 (9th Cir.1989`)• Huntington Beach, \ , COMMISSIONS -- MAYOR'S REMOVAL OF v DISRUP-rtVE CITIZEN FROM COMMISSION MEETING DOES NOT VIOLATE FIRST AMENDMENT: The, mayor of Key West City, Florida had a citizen removed from a city commission meeting because the citizen failed to speak on the item presently on the agenda for discussion and was disrup- tive to the meeting. The district court held that the mayor had violated the citizen's constitutional rights, and awarded the citizen compensatory and punitive damages. The Eleventh Circuit Court of Appeals reversed, finding the mayor's action to be a reasonable time, place and manner restriction on the citizen's speech. According to the Court, the citizen was not removed from the meeting because of the content of his speech, but rather due to his disruptive behavior, possible threat of violence, and questioning of the mayor's authority. The Court found that the govern- ment has a significant interest in conducting efficient and orderly public meetings, the mayor's action was a narrowly tailored reasonable attempt to keep the speaker on the subject in question and the speaker had adequate alternative channels in rvnrovt hie ,A,-WQ off'.. ,►.. ENVIRONMENT.. LAND CLEARING AND TREE CUTTING: in order to preserve the city's physical and aesthetic characters to ensure erosion control, to promote minimal adverse disturbance to existing vegetation. to minimize the need for additional storm drainage facilities, to retain trees for noise abatement and wind protection, to reduce air pollution and to preserve and enhance wildlife and wildlife habitats, the City of Renton. Washington has enacted a land clearing and tree cutting ordinance. The ordinance declares it unlawful to cut trees without having first obtained a land development permit approved) by the city. Tree cutting is allowed: (1) on a developed lot: (2) on a partially developed or undeveloped lot of under 35,000 square feet if no more than 3 trees are removed in any 12 month period, and (3) on a partially developed or undeveloped lot of over 35.000 square feet if no more than 6 trees are removed in any 12: month period. Anyone using motorized equipment exceeding 12 horsepower to clear land, cut trees, perform routine vegetation management, landscape or garden must obtain a permit to do so. No tree cutting or land clearing is permitted within 25 feet of any shoreline area, within 25 feet of the high water mark of creeks, in any wetland area or on any parcels where the predominant or individual slope is in excess of 40 percent. The ordinance provides regulations,perform- ance standards and permit review procedures for land clearing, tree cutting, property development and rou- tine vegetation rnanagtment. The ordinance also declares thatanyone whoviolatesitspmvisionswvillbe s CZ. _1 BS. THE WALL STREET JOURNAL THURSDAY, MARCH 1, 1990 zryw-�y LAW y� p Judge Restricts Pol ra h Tests by Cities "I think It's a significant decision," said BY WA Z H. GRm James Harrington, legal director for the And ADZ LAtastutr Texas Civil Uberties Union, which repre- SuVf Reporters 4lTux WALL STUXXT JOURNAL. sented the plaintiffs. In an affirmation of privacy rights, a federal judge retied that polygraph testing of municipal job applicants must be strictly limited. The decision by U.S. District Judge Lynn N. Hughes bars Houston city officials from asking apph cants for public AL BEAT safety jobs about re- ligious practices and extramarital sex, and sharply restricts Inquiries Into past drug use. cotdlderi- tiai medical, In or- mation and "catsen- ti sual sexual, actly- ity " Such questions . are invasions of privacy In 'violation of both the 'texas and federal constitutions, Judge Hughes said. Senior Assistant City Attorney John Fisher, contending that more extensive in- gyiries should be allowed in tests for public safety jobs. said the city will appeal. : If upheld on appeal. employment law - yens say, the decision could handicap pre - employment polygraph testing by munici- . palitles and otter public agencies. last court rulings usually have turned on whether the polygraph exam is reliable, but some attorneys believe the Houston de cision reflects a growing tendency of judges to pay.more attention to privacy claims in employment testing cases. In 1988, Congress banned the use of poly- ' graphs by most private employers.. - The Houston case was brought as a 1, class action by three risen who were turned down for jobs in the police, fire and airport t; police departments after failing polygraph exams. A jury determined last fall that the city had violated their rights by asking un- reasonably intrusive questions. last week, Judge Hughes ordered the city to revise its ftesting procedures. The judge also awarded the plaintiffs more than $398,000 ' in damages and $102,000 in attorneys fees `' and court costs. CITY OF KENRI FOR COUNCIL I NFORMRTI ON 3/21/90 Transfers of Funds under $11000 (KMC 7.25.020) Date Department Amount From To Explanation 3/13/90 Legal $700.00 Prof. Sv. Books Payment of updates, supplements,etr, 3/14/90 Airport M&O 985.00 Contingency Rentals Rent 988 Cat to remove snow berms N z COUNCIL MEETING - i PLEASE REGISTER• (10 minutes per person) [KI 210- swao--saw. i ADDRESS r TO DO LIST March 21, 1990 KENAI CITY COUNCIL 1. B. Brighton - For April 4 meeting - Res. 90-08: a. Recent draft of Federal Reg showing how funding is set up, from Jim Butler b. List of Alaska cities sup rting concept of Advisory Committee, from im Butler C. Why latest action from yeska does not support Advisory Committee, fro Jim Butler d. Work with Ray Measles nd Jim Butler to reword resolution 2. E. DeForest - Before spen ing any more money on computers, notify Counci of needs. 3. J. Ruotsala - When oil atform pictures are received, have them framed, with laque attached. ` s e.*_ A � 4. E. DeForest - Make up ist of volunteers for Libra Comm. J. Ruotsala - Notif Loretta Breeden and Saylor Rehm -.of appointments. J. Ruotsala - Req st postponement from ABC for Little Ski Mo. 7. Airport Comm - view Application for Lease - Wolverine Leasing - FBO D. 8. T. Rogers - R iew Charter for update, Council and Administratio submit recommendations, for June Council meeting. A9. Clerks Sear h Comm - Start advertisement for Clerk position, ork with Clerk Ruotsala. jr