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1991-04-17 Council Packet
Kenai City Council Meeting Packet April 17, 1991 �7 1' AGENDA KENAI CITY COUNCIL - REGULAR MEETING APRIL 17, 1991 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. Kelly Gifford - City Park/Forest Drive C. PUBLIC HEARINGS 1. Resolution No. 91-14 - Transferring $2,256 in the General Fund for Lockers at the Recreation Center. 2. Resolution No. 91-15 - Awarding a Construction Bid in the Amount of $1,362,000.00 to G&S Construction for the Kenai Bicentennial Visitors and Cultural Center. 3. Resolution No. 91-16 - Transferring $22,000 in the General Fund for Additional Money in the Shop Budget. 4. Resolution No. 91-17 - Supporting the Borough -Wide Upgrade of the Present 9-1-1 Service to an Enhanced 9- 1-1 System and the Borough's Funding Request as a Capital Improvement Program Through the Legislature. 5. Resolution No. 91-18 - Transferring $2,500 in the General Fund for Additional Postage. 6. Resolution No. 91-19 - Transferring $3,500 in the General Fund for Police Operating Supplies. -1- 7. Ordinance No. 1427-91 - Increasing Estimated Revenues and Appropriations by $244,000 in the General Fund for the Purchase of Property at the Site of the New Visitors and Cultural Center. 8. *Transfer of Liquor License - The Upper Deck - From Louis B. & Therese Schilling to Louies & Terries, Inc. Same Location. D. COMMISSIONICOMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees E. MINUTES 1. *Regular Meeting of April 3, 1991. F. G. OLD BUSINESS H. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $1,000 3. *Ordinance No. 1428 - Amending the Kenai Municipal Code, Title 2, Chapter 15, Entitled "Conformity to State.Liquor Laws" and Chapter 20, Entitled "Sales on Election Day." 4. *Ordinance No. 1430-91 - Increasing Estimated Revenues and Appropriations by $1,400 in the General Fund for Library Books. 5. Approval - Application for Lease/Lot 10, Block 2, Cook Inlet Industrial Air Park. 6. Discussion - Kenai Bicentennial Visitors and Convention Bureau Request for Funding ($10,000). 7. Discussion - Land Exchange/Lot 3, Block 4, Fidalgo Commercial Center and Lot 6, Block 4, Fidalgo Commercial Center. S. Discussion - Appeal/Stephen's Alaskan Originals - Setting Board of Adjustment Hearing Date, Time, and Place. 9. Discussion - "Blessing of the Fleet." 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 (five minutes) 2. Council K. ADJOURNMENT -3- MAYOR'S REPORT APRIL 17, 1991 COUNCIL MEETING CHANGES TO THE AGENDA ADD: To H-2, Purchase Orders Exceeding $1,000 - Purchase Order to Ridgeway I s, Inc. for addition plans and specifications for the STP Disinfection Facilities. ADD: To H-8, Discussion - appeal/Stephen's Alaskan Originals: 1. KMC 14.20.290, Appeals - Board of Adjustment (incorrect copy was included in the packet). 2. 4/13/91 S. Dunn letter. 3. 4/16/91 S. McLane, McLane & Associates letter. 4. 4/10/91 D. Ames, USDI, National Park Service letter. 5. KMC 14.20.105, "Townsite Historic (TSH) Zoning District." 6. 4 17/91 Mr. & Mrs. William K. Rupe letter. ADD: Item H-10, Approval, Petition to Vacate - Tract 1, Jack Webb Subdivision, Sec. 1, T5N, R11W, S.M., Alaska. ADD: I-1,Mayor's Report - 4/15/91 W.F. Gunderson, Peratrovich, Nottingham & Drage, Inc. letter regarding Boat Ramp and Mooring Basin. ADD: Info Items: 8. 4/17/91 Bradley D. Gilman telefaxed Status Report. 9. 4/15/91 Ashley Reed memo to WJB regarding Budget Report. 10. 4/16/91 AML telefax, "Legislation Action Alert" regarding operating budget deliberations. 11. 4/12/91 AML Legislative Bulletin. CHANGES TO THE CONSENT AGENDA ADD: C-8, *Transfer of Liquor License - The Upper Deck - 4/11/91 Borough letter of non -objection to the transfer application. MAYOR'S REPORT DISCUSSION z m Suggested by: Mayor City of Kenai RESOLUTION NO. 91-14 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA TRANSFERRING $2,256 IN THE GENERAL FUND FOR LOCKERS AT THE RECREATION CENTER. WHEREAS, additional lockers are needed in the Recreation Center, and WHEREAS, excess funds exist in the Recreation repair and maintenance account because most maintenance has been charged to the Building Department. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following budget transfers be made: General Fund From: Recreation - Repair & Maintenance $2,256 To: Recreation - Machinery & Equipment $2,256 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of April, 1991. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: e QQ (4/10/91) kl C , / O-A Suggested by: Public Wr -- CITY OF KENAI RESOLUTION NO. 91-15 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A CONTRACT FOR THE CONSTRUCTION OF KENAI BICENTENNIAL VISITORS AND CULTURAL CENTER TO G & 8 CONSTRUCTION FOR THE TOTAL CONSTRUCTION AMOUNT OF $1,362,000.00 WHICH INCLUDES THE BASIC BID. WHEREAS, the following bids were received on April 11, 1991 for the above referenced project according to the attached bid tabulation, and WHEREAS, the following is a description of the basic bid and the alternates: BASIC: Contract will consist of the construction of approximately a 9340 square foot building, parking lots, site work and a partial basement. ALTERNATES: Deductive Alternate No. 1: Deductive Alternate No. 2: Deductive Alternate No. 3: Deductive Alternate No. 4: Deductive Alternate No. 5: Deductive Alternate No. 6: Deductive Alternate No. 7: Deductive Alternate No. 8: delete 30,000 sq. ft. of topsoil and seeding deletion of one flag pole deletion of sidewalks delete paving, leveling course, and curbing in the rear parking area and service drive delete paving, leveling course, and curbing in the main parking area delete the concrete planters delete the basement room delete concrete base and building sign WHEREAS, this resolution and award of the project is contingent upon EDA approval, and WHEREAS, the City of Kenai has received a grant to help fund this project, and WHEREAS, the recommendation from William Kluge, the project design consultant, and the Public Works Department is to award the contract to G & S Construction for the basic bid for the total construction cost of $1,362,000.00, and -1- WHEREAS, the Council of the City of Kenai has determined that G & S Construction's bid for the basic bid is the lowest responsible bid and award to 'this bidder would be in the best interest of the City, and WHEREAS, sufficient monies are appropriated. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the contract for the construction of the Kenai Bicentennial Visitors and Cultural Center be awarded to G & S Construction for the total construction amount of $1,362,000.00 which includes the basic bid. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 17th of April, 1991. ATTEST: Carol L. Freas, City Clerk Approved by Finance: Q Written by Public Works: /kv 4/11/91 -2- JOHN J. WILLIAMS, MAYOR W 0 0 o O 0 0 0 0 o r1 Ili n o In N a 00 o v co co Ili r 10 N a co A V' 10 r-1 ri O O O 0 O O O O O M O N 0 Ili N r r o v w 10 w. 10 N In 01 Gri M N 10 �-1 ri O O O 0 O O O O O M H N ri in M Oi 10 Ili v co V O 00 N In rl N A L %D O O O O O O O O O M O M O 10 O N In 10 Ol M M M N c0 V' lb O In 10 0 O O 0 0 0 0 0 O %O M N V' O Ili N 10 'Ik M ri 01 N M A Ili r I ri 0 0 0 0 0 0 0 0 O M N co N W M Ili M 10 Ili V co ile . V' v M r•1 G 1H0 n O O O O O O O O O M O O co co H at N co r♦ 01 N aI. C'i Ol M Ili A1Ho n ra 'i 0 0 0 0 0 0 0 0 0 of 0 0 o %n o 0 C N Vk 10 M r 01 R N Ifi A 10 r ri r-i A H M O 0 W /D O 0 01 O O U H 01 r In !n N 10 N 10 r In m r4 a 0 E+ U U w U W W E+ 3F IHi� E+ cq O 2 Z w Z U U El n n m a m 0 0 0 0 0 O 0 O 0 0 0 O o O 0 0 0 0 0 0 0 0 0 0 0 M O O O to O O O O O O 0 0 v 0 0 0 0 o 0 rn tD tri rn rn to .1 ,-i ri co o Iri o 0 o v 46 OD a0 N OD M 00 N ON 1p 01 H N o o H r p - v r M n N M M W O Ill 0) N v to O Ln co O N N M 00 rl ei rl ri rl r-1 r1 rl �-1 O O O O O O O O O O O O O O O O O O O O O O O CO O M O O 0 lD O O O O O O O co O 0 O 0 O 0 O o Ct tD Ln to v In r1 N 0 H O to O O O v n '1a tD M - o - n 0 MC M r ri o+ to o tD e» w o In .-4 ,� o o r1 r o In v N �i Ill H r v V' N C% w tD H 01 Ot n 01 N N v M r M to r v Q N v - M N 01 N O N v Ln rl e-1 rl H O O O O O O O O O O O eb O O O O O O O O O O O O O M O O O WO O O O O O O c0 O co O O O O O O 01 ko co In r M ON tD O to O O O v tD t0 Oi o n O M CO O O M H o b r N N co to O O H t0 O O H r O O v r 1O H N .-1 N M r M In %D In H n O 14 O r v O 01 co n 1-4 N M M r N N N N N v . i M e-i N M V H O O O O O O O O O O O CD O O O O O O O O O O O O O M O O O O M O to O 0 o 0 o 0 G1 tD r4 r M rn M O b In O to O O O v In V' tD O n O M CO M v N co r to N rl O O O H O o O H r O O v r CO C1 In v %0 V' N o n N O .4 M r co c v r M Co 0 N V' 0% v b � to M r1 to O O O O O O O O O O O to o O O O O O O O O O O O O M 0 O 0 O O O O O O O M O 01 0 O O O O O 0% 10 In n v 10 v e1 V .-1 O Ln O O O v v rl O O r v M N N v In N r O 01 O O W O n O Q to H co r H 01 N N co v co N O v o N H r1 01 N 01 H r M M V -W rl coN 01 '-1 � N N H V' V' Ln Ln r-I rl H H H H 14 � O O 0 O O O O O O N O to O r O M O O O O O O O O O O O O v tD O O O O O O O MN O O O O O N Co Ot b Ol r 0� Cl) N to n 1D v to to to O O t. v M tD V' M n r r rn to r to co 'i o 00 n H tD N n M r M M V M tD 01 N O V' co M O V' M V' rl v O v W tpn 14 cn Ln CD Ln .-1 ri H .-i .-i r•1 H ri rl 0 O 0 O 0 O 0 O 0 O O O O O O O o O 0 O 0 0 0 0 0 0 0 p O O O O O O O 0 c CIO o Ln to o O 0 to Ln en M Di ai o 0 0 0 0 0 0 0 N co 0 0 0 o to tD �-i to N N r N M Co o M O O O O O O a lel n v to O o to eh r v ri r to er o v N t- v v v 10 o to 0 to 0, m - ` M O M V' v v to I( LO O1 14 r-1 H to H O 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 O O O O p O O O O O 0 0 0 0 0 0 0 0 0 0 0 O O O to vLnO to O O O V' O O O O O O O O H Ol O O N N u) Ln m M N O 0\ to H O O O O O O M N CO O O O O cli m o n co Ir ep In o r -1 co o co o co In v U) LO v u1 ID 01 H H of rl to H A H Cq O 0 O o O O 0 V' O O O O Ci O O CO O O a\ O O p O O H to N t0 V' H 1nko co coH p to fA N N � Ln ul �D w p rl 14 ..1 In � W a z z o z -. o a o o w`n W o H o` o u a y U a x O wix H fL ar- O O H O F Nm macFn v0iw xa pLO x o rr za a �' a toE- a z F,z zH 0z acEn BICENTENNIAL Vd, aye wrtl�a 't= G'ctmll�i a fUJW- ! CITY OF KENAI ..a 67ajaded 4 4Za4ka,,, 210 Fidalgo Avenue Kenai, Alaska 99611 TELEPHONE 283-7535 FAX 907-283-3014 TO: Keith Kornelis, Public Works Director FROM: Jack La Shot, City Engineer DATE: April 12, 1991 SUBJECT: Kenai Bicentennial Visitors and Cultural Center Eleven bids were received April 11, 1991, for construction of the referenced project. A tabulation of all bids with deductive alternates is attached to the resolution of award. The low basic bid of $1,362,000 (G & S Construction) includes the entire project with no deductive alternates and is within our construction budget for the project. The bids were very competitive and somewhat less than we anticipated, obviously to the City's advantage. The available funds versus estimated costs are as follows: Budget Estimated Costs Administrative Expenses $ 2,290 $ 2,290 Architectural Services: Design 100,697 1001697 Inspection 44,078 44,078 Construction 1,405,010 General Contractor 1,362,000 HEA 18,953 T.U. of the Northland 11,092 Enstar 20 Contingency 47,925 TOTAL $1,600,000 $1,539,130 Page 2 K.B.V.C.C. 4/12/91 The difference of $60,870 (contingency and unappropriated construction funds) is available to cover unforseen costs. At this time, the largest unforeseen potential costs are lowering of the existing gas line and sitework overruns. The available contingency is less than desirable for a project of this size, however, is not unreasonable. JL/kv Suggested by: Public Works Director City of Kenai RESOLUTION NO. 91-16 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA TRANSFERRING $22,000 IN THE GENERAL FUND FOR ADDITIONAL MONEY IN THE SHOP BUDGET. WHEREAS, the Shop repair and maintenance supply and repair and maintenance budgets are nearly depleted, and at the current rate of expenditure will be overspent by year-end, and WHEREAS, the Public Works Department has requested a transfer to provide additional funds. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following budget transfers be made: General Fund From: Other - Contingency $13,573 Legal - Salaries 8,427 22 000 To: Shop - Repair & Maintenance Supplies $18,000 Shop - Repair & Maintenance 4,000 22 000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of April, 1991. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: (4/11/91) kl C Suggested By: Police Departm=Aa%. CITY OF KENAI RESOLUTION 91-17 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, SUPPORTING THE BOROUGH -WIDE UPGRADE OF THE PRESENT 9-1-1 SERVICE TO AN ENHANCED 9-1-1 SYSTEM AND THE BOROUGH'S FUNDING REQUEST AS A CAPITAL IMPROVEMENT PROGRAM THROUGH THE LEGISLATURE. WHEREAS, the Kenai Peninsula Borough Assembly included the Enhanced 9-1-1 System, as part of its Capital Improvement Program request for the 1991 Legislative Session in the total amount of $575,000. Broken down, this amount includes $350,000 for the 9-1-1 equipment and installation, $100,000 for the Rural Addressing and Mapping Project, and $125,000 for radio system enhancements and equipment; and, WHEREAS, it is noted that the funds will be used to deploy the Borough's Enhanced 9-1-1 System and that the System, with automatic number identification (ANI) and automatic location identification (ALI), will improve response and possibly save lives; and, WHEREAS, the upgrade to an Enhanced 9-1-1 System, when completed, should not result in increased personnel costs, above those projected for continuation of current 9-1-1 services, or acquisition of new facilities. The citizens of the Peninsula should receive this necessary service without additional adverse impact on the Borough mill rate. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that it supports the following: Section 1: The upgrade of the present 9-1-1 service to an Enhanced 9-1-1 System Borough -wide and the Borough Capital Improvement Program funding request through the Legislature. Section 2• Consideration by the Kenai Peninsula Borough Assembly for inclusion of the. project into the budget process for FY 91-92 in the event funds are not provided through the Legislature. -1- Section 3: That copies of this resolution be sent to Kenai Peninsula Borough Mayor Don Gilman, the Borough Assembly, Senator Fischer, Representative Navarre, Representative Gail Phillips, and Governor Hickel. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the 17th day of April, 1991. ATTEST: Carol L. Freas, City Clerk (4/11/91/) -2- John J. Williams, Mayor Suggested by: Finance City of Kenai RESOLUTION NO. 91-18 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA TRANSFERRING $2,500 IN THE GENERAL FUND FOR ADDITIONAL POSTAGE. WHEREAS, because of a postal increase and mailings relating to promotions, construction projects, and the Kenai Peninsula Caucus, the postage account has been depleted, and WHEREAS, funds in the repairs and demolitions account for abating buildings have not been spent and are available for appropriation. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following budget transfers be made: General Fund From: Non -Departmental - Repairs & Demolitions $2,500 To: Non -Departmental - Postage $2,500 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of April, 1991. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance (4/12/91) kl Suggested by: Police Chief City of Kenai RESOLUTION NO. 91-19 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA TRANSFERRING $3,500 IN THE GENERAL FUND FOR POLICE OPERATING SUPPLIES. WHEREAS, as a result of increased fuel costs and costs for emergency traffic flares, the Police operating supply account in nearly depleted, and WHEREAS, funds are available for transfer from other accounts. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following budget transfers be made: General Fund From: Police - Professional Services $1,500 Police - transportation 2,000 3 500 To: Police - Operating Supplies 3 500 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of April, 1991. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: eqa (4/12/91) kl TO: William Brighton City Manager Charles Brown Finance Director FROM: Richard Ross Chief of Poli Amp' SUBJECT: Transfer of funds DATE: April 12, 1991 Request that funds be transferred to Police Operating Supplies from the following accounts: Police Professional Services $1500 Police Transportation $2000 Police Operating Supplies will be deficient due to increased fuel costs and increased costs and usage of emergency traffic flares. Police Professional Services has a surplus because of lab costs being less than budgeted. Police Transportation has a surplus because attendance at two major schools/seminars had to be cancelled. RAR: lrr Suggested by: Administratior City of Kenai ORDINANCE NO. 1427-91 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $244,000 IN THE GENERAL FUND FOR THE PURCHASE OF PROPERTY AT THE SITE OF THE NEW VISITORS AND CULTURAL CENTER. WHEREAS, the City of Kenai is making plans to construct a visitors and cultural center on Lot 1, Gusty Subdivision No. 8, and WHEREAS, the City has obtained an appraisal of this lot, and WHEREAS, the Federal Aviation Administration has concurred with the appraised value of $244,000, and WHEREAS, the General Fund should purchase this property from the Airport. 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 244 000 Increase Appropriations: Land Department - Land 244 000 Airport Land Sale Trust Fund (Memo Only) Increase Estimated Revenues: Land Sales 244 000 Increase Appropriations: Reserved Fund Balance 244 000 Ordinance No. 1427-91 Page Two PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of April, 1991. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: April 3, 1991 Second Reading: April 17, 1991 Effective: April 17, 1991 Approved by Finance:-f-gaZ. (3/25/91) kl �1 U.S. Department of Transportation Federal Aviation Administration MAR 2 2 1991 Alaskan Region 10 N Oe a�s5t✓£ZV Ms. Rim Howard City of Kenai 210 Fidalgo Street Kenai, Alaska 99611 Dear Ms. Howard: Kenai Airport Lot 1, Gusty Subdivision No. Lot 2, Gusty Subdivision No. Appraisal Report 222 W. 7th Avenue *14 Anchorage, Alaska 99513-7587 n6jeop�oj ' , a� 8 = Sale -' BO011.1 8 Lease .- The Federal Aviation Administration has reviewed an appraisal report submitted for Lots 1 and 2 and concur with the fair market value of $244,000 and $40,000, respectively. Please contact Carla Follett at 271-5445, if you have any questions. Sincerely, .AGO '�/ pa;e&. Floy H. Pattison Manager, Planning and Programming Branch Airports Division C_� KENA1 PENINSULA BOROUGH a� cm April 11, 194 City of Kenai Attn: Carol L. 210 Fidalgo Kenai, AK 99611 144 N. BINKLEY • SOLDOTNA. ALASKA 99669 PHONE (907) 262-4441 Freas, City Clerk RE: 1991 Liquor License Transfer From: THE UPPER DECK To: UPPER DECK, THE Dear Carol, DON GILMAN MAYOR � APR 1991 N N _ ifyrK nti rF.NA LOUIS B. & THERESE SCHILLING 305 North Willow 47 Spur View Drive Kenai, AK 99611 LOUIES & TERRIES, INC,; Same Location Please be advised that the Kenai Peninsula Borough has no objection to the transfer application of the above noted liquor license at this time based on unpaid taxes. The sales tax accounts for this business/applicant are current through the period ending 02/91. Personal Property and Real Property taxes for the tax year 1990 are current. Please note that non -objection of transfer based on tax delinquency does not remove any other grounds for protest the Borough might assert. Thank you for your consideration in this matter. Sincerely, Shelley J. Morgan Delinquent Accounts cc: Applicant fl 0 e aS90 SfEVf COWPER, GOVERNOR DEPARTMENT OF REVENUE 550 W. 7th Avenue AL0>VL/C8EVERAGEC0NTRM80AW Anchorage, Alaska 99501 Carol Freas, Clerk City of Kenai 210 Fidalgo Kenai, AK 99611 28 29,?- v April 1, 1991 Dear Ms. Freas; We are in receipt of the following application(s) for a transfer of liquor license(s) within the city of Kenai being notified as required by AS 04.11.520. BEVERAGE DISPENSARY— Tourism You are UPPER DECK, THE; Louies & Terries, Inc.; 305 North Willow; Mail; 47 Spur View Drive Kenai, Ak 99611 - Transferred from: The Upper Deck; Louis B. & Therese Schilling; same location. �z 'A :; -e� - "� //- 1-1 � �-� A local governing body as defined under AS O4.21.080(10) may protest the approval of the application(s) pursuant to AS O4.11.480 by furnishing the board and the applicant with a clear and concise written statement of reasons in support of a protest of the application within 30 days of receipt of this notice. If a protest is filed, the board will not approve the application unless it finds that the protest is arbitrary, capricious and unreasonable. Instead, in accordance with AS O4.11.510(b), the board will notify the applicant that the application Is denied for the reasons stated in the protest. The applicant is entitled to an informal conference with either the director or the board and, if not satisfied by the informal conference, is entitled to a formal hearing in accordance with AS 44.62.330-44.62.630. IF THE APPLICANT REQUESTS A HEARING, THE MUNICIPALITY MUST COME FORWARD AT THE HEARING WITH EVIDENCE AND ARGUMENT IV SUPPORT OF THE PROTEST. Under AS O4.11.420(a), the board may not issued a license or permit for premises in a municipality where a zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages, unless a variance of the regulation or ordinance has been approved. Under AS O4.11.420(b), municipalities must inform the board of zoning regulations or ordinances which prohibit the sale or consumption of alcoholic beverages. If you wish to protest the application referenced above, please do so in the prescribed manner and within the prescribed time. Please show proof of service upon the applicant. Under regulation 15 AAC 104.145(c), the board will grant a local governing body an extension of 30 days in which to protest an application if a request is filed in writing within the original 30-day period. If a municipal zoning regulation or ordinance prohibits the sale or consurWtion of alcoholic beverages at the proposed premises and no variance of the regulation or ordinance has been approved, please so notify us and provide a certified copy of the regulation or ordinance if you have not previously done so. PROTEST UNDER AS O4.11.480 AND THE PROHIBITION OF SALE 01 CONSUMPTION OF ALCOHOLIC BEVERAGES AS REQUIRED BY ZONING REGULATION OR ORDINANCE UNDER AS O4.11.420(a) ARE TWO SEPARATE AND DISTINCT SUBJECTS. Please bear that in mind in responding to this notice. Under AS O4.11.310, if applicable, a notice is also being provided to the appropriate community council within your municipality. Sincerely, �*- Beth Nelson Licensing Supervisor (907)277-8638 Buts of AMMm Akmho t Beverage Control aord PAGE 1 OF 2 No W. S-eenm Avenue LIQUOR LICENSE APPLICATION Ar,cnomgo. Maeka W501 (907) 277-MM (Please read separate Instructions) Eind Potts 1 and l to Ow AMC Dowd. Kssp Part f far your IN. ac Vation is far. (check 0-) ❑ A null coW4. ysr ❑ The sk moan pryd botiMing ' r and enco SECTION A. LICENSE INFORMATION, vAm bacomplredformltypeolopplcs"ore. Typo of Ap k,~: License Typo Stan" Ilsfrsncs I Fr Ltansa Yen Fedarw Em heveraee sec.ocm 00(e 2 1991 92-11113545 LlcenseFoes r ONoor Dispensary wlnsnaMemtprbISP-M OR ❑ ouuwwnttpany Q r1«,.w.1 City of Kenai FlIIng FN _ ��00.00, Penalty (M �{ Twister of Cumnt UP" License Number iste 5 re newt, hassw tones been asrerod or active at W" 30 sight -hour iof Lin drys during tie Past alrnds year? (AS oe.11.lso(a)) appllCabla) i 90-299 3 YES 6 no, eppc men Willbe OesI -nice written request for Total ❑ R.aaden ta OPP1O1ad by the Akohok SO—W. NO coma Bored6 Soll Enter sppard's or bonsfa es's norms and mrarq addas es l Should appear on the tines: Do" Bwlaee As (Busks'' Nome) ConrrunNy Coursil Name end Mryp Address Na slid S Terries, Inc. The Unger Deck (9iieobvCd01e) Sale McInnis or Location atkwanw 47 Spuiesr 47 Spur View Dr, (Cenai City Council Kenai, AK 99611 305 N. Willow 210 Fidalpo City Kenai, AK 99611 Kenai, AF Q9611 Buelmom Pteno Number(q) O 716916 A NEW MNRMO ADDRESS SECTION S. PREMISES TO BE LICENSED. Mumbe adt«Nw.Not Relocation Mira b be used on publk sign or In adwruYq to IMMV pr.mws, is 10MOM of Prembse greater than or tars can 50 Ross horn the hound.rw of a mnntpeay (Mcerparad dty, borough or unload muRtpOW? Ctossr saga Ground': I Datums measured umolor Closet Church: I ❑ As Os.11.et0 OR ❑ Greater Van 50 miss ❑ Lass Oran 50 miss ❑ Na Applicable I ❑ teal enemas Mo.: Preniess to be bale Is: 0Plans sobndhd at Fire Marshall (RoquYod for now srM propcesd bulAegs) ❑ Exisding Facility ❑ moneumm ❑ Proposed ❑ a Ruses Mooned far M New and Relocation SECTION C. RENEWAL INFORMATION. mu aca+petwto, R.n.wrepp aWmorgy. Has M arse where aleafnole boversee we sad.—od. HSIMsfrertnantsflYfenril adarestclnarnped hem tla yet ►ACKAO[BTOREbtherrotk sosasatohokbwor, crerned, posaesoodenNorslomd been changed tam 110 QrameM subnitied y tla Ataek Berega Corms age Innp0nes to wRsen orders being mewed ? Wtdygn- ubnitted? fiord? . ❑ YES ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO CTION D. TRANSFER INFORMATION. Meat beampwed for Tmww a Licw" Naar rM Rabcryn gvkmtbrm oay. [] Ysaurdary Transfer. Attack docrmana which "Won= 'ndetaur undor AS Man*$) end Myltng Address of Cana Liownse(s) 1 0e.111.45M 019 Rpr ff Transfer. Any Yspunrm ranted under, AS 04.11.670 for Louis B. Schilling S Therese C. Schilling appyrng AS 04.11.MO(4)(B) In a inter Involneeary a.nrr, must be Red wlh tiny purposes a 47 Spur View Dr. .pPkr1m(15AAc104.Id").PA@1mF .I poprty Conveyed wan this transfer Kenai, AR 99611 is: (Attach esba theft If necessary) BEFORE TRANSFER Doing Business As: (BWneas Name) The UDrer Deck BEFORE TRANBFER. Street Address or Localloe 305 N. Willow. Kenai, AK 99611 SECTION E. CORPORATION INFORMATION. "-twaomWatedif .. i rdro mpp srdlsacorpomwn. (ASa.11.390) Corporate Nona Tnni s & Terrien- Inc. Doing Business As (S"rme Name) The UDDer Deck Dote of Ineorpora0on In Atoka May 29, 1990 Melling Address 47 Svur View Dr. Sit" Address or Lorrlon of Bushes 305 N. Willow CRY, State. Zp Cede Kenai, AK 99611 city ww state Kenai. AK 99611 Corprste Office Plane No. On7 ?93-3660 Is the d3ove named oorproson In good do ng w1m the State of Alrks,Doperbnsa of Comaime and Emnomt Development? p YES ❑ NO Per De t. of Commerce 3 29 91 DJ Registered Again! (Name sto Mylrng Addrs) Therese C. Schilline 47 Spur View Dr. Kenai AK 99511 Agent's Alaska Pmkfoncy Yana: 36 Mbntls: Agents Phone No. 60 CORPORATION D1RIECTORs AND STOCKHOLDERS JU" additional ehesu 5 noeessry) % or shares of Ful Norris (Do not cea mugs) ' .-" - - - -- None Address _ Date of BM ownership Louis B. Schilling D.O. Boo 7155, Nikiski, AK 99635 09-04-42 33 1/3 Therese C. Schillinr P.O. Box 7155, Nikiski, AK 99635 03-05457 33 1/3 David L. Schillinp, 1F.O. Box 7155, Nikiski, AK 99635 06-10-68 11 1/3 1 AHtA U11-HUE USE ONLY ores Numbr DO. Appmved Farm 04-001 Page 1 (Rev. ads) Darlurs SIgnaft n ACASKA LIQUOR LICENSE APPLICATION PAGE 2 OF 2 SECTION F.INDIVIDUAL/CORPORATE OFFICER INFORMATION. Thooaoadrtptmol nMUMbeprovkledfor sechaI I Iorcoryerdeafter. If Me spun" or c0-gV1MW" to a ourporatl&n, the &Mows acted mat I duM the Preetdenk VkrProftenl Socre" and Trsssurer. Us adtflonal peas se nemsery. Fw Name (Do not uee InlOrd) Fua Nerne (Do not use Insert) �r,1s • _ Srkt'llin^ David 1.. Schillintt AYYq Address Maskg Adereaa 47 Srnr View Dr. 47 Srur View Dr. CRY, $we. ZIP Cods Cey, slate. Zp Cods Kenai. AK 906� Nortre Ad6se (Ir dalerwK ham ntalkg addrss) Ilona Adarse (• ds,were horn rrtsskg scares) n u S QC-619 P.O.Nikiski, AK 99635 Dot• of akth Herr. Phone work Pfterre onto of am Horns PhWW work Plane (mes sa g o- r-4 22 en -1AAn na- _ P qC -8662 9n7 283-3660 Length dAWAs Residency ffapplkentbeeorperalbn.-nW,th-,- Nonbeyou h&a' Length ofMoke IkatppltesntYsompondlomIdifftaydtecorpon"offbeyou hula. Yea Months Y"M Uonar 11 President 22 Vice -President Fw Name (Do not use InasM) Fus Name (Do rest use muef ) Therese C. Schillins+. I- - g iddrew Marto Ad*on 47 Spur View Dr. Clty, staa. Zp Code _ CRY, Sh". Zp Code Kenai. AK 1 IN Addr•ss (11 dyferam from nrakg edtrsss) Home Ad6sss (11 dMers t from mal" sddao) Nikislci. AK 99635 owe of BHh Nome Rt&na werk Phwa owe of mot Home Phww work Pltera 1)1-05-45 0 - 62 907 283-3660 Leogti of Alsk. Reemency Ilappino"1s@0MxHW0I tlantllYth corpWteoffkeyou Itoli Lanorh of Ahaks Irapisiombee+orhwrall, b"WryMeorpwebar,byou hOI& . Ysera MD"the Yeers Months 36 1 Secretary/Treasurer SECTION G. INDIVIDUAUCORPORATE OFFICER BACKGROUND. MMMowrgl•td or as typesaappapfbns Dos any kwm*j l or wrporete of m nerrtd shove now haw sny aM•et orh*ect ktto M my othw sboMso b•verap• buartess aeuad In Ab" er any oatw Why ❑ NO 13 YES Ir yes, olre'tote. nwn• of bustese, end ad6.ee. VIP Lounge Backdoor Lounge 47 Spur View Dr. 47 Spur View Dr. Kenai, AK 99611 Idenai, AK 99611 Has sny ktdMdusl or emporats oflber lsted above bosh convicted of a felony, a vohodon of As 04, or bon convicted as a IoaraM or Tanaoer of Ikwtew prwnYs k1 anomer sub rafau"kerns of drl stab eI I dw nkq of th• Mal spplkatlon! [IND ❑ YES If yes, Foss el�lakt on asparaa• shalt of paw.. SECT -ION H. DECLARATION. Icier be feed and awwwd by satin sfapacsa. I declare under penalty of perjury that I have examined this application, ktcluding the accompanying schedules and statements, and to the best of my knowledge and belief It Is Due, collect and Complete. I further certify that I have read and am famlllarwith Title 4 of the Alaska statutes and Its regulations, and that In accordance with AS O4.11.450, no person other than the applicant(s) or licensee(s) has any direct or Indirect financial Interest In the licensed business. I agree to provide all Information required by the Alcoholic Beverage Control Board in support of this application. It application Is for a Beverage Dispensary or Package Store license, I certify that each applicant named on this application has resided In the state of Alaska for at least one year prior to the date of this application; and/or the applicant Is a corporation registered and qualified to do business In the state of Alaska for one year prior to the date of this application, or all of the shareholders have resided In the state of Alaska for at least one year prior to the date of this application. SIGNATURES OF CURRENT LICENSEES APPLIC SIGNATURES OF TRANSFEREE(S) Cry stborpd and worn b Mors na WM I l7-h euboobed end sworn to before nw Oft day of Februarv. is O1 day of Frh rnn ry ./e., 91 NOTARY PUBLIC IN AND FOR ALASKA NOTARY PUBLIC IN AND FOR ALASKA . ayronarfaelone>"ns f1-1n-93 AtyCommissiort•I P=30�-9?'; J Form 04401 Page 2 (Rev. S" . ^91 * 199 S. CITY OF KENAI 210 Fidalgo Avenue BICENTENNIAL Kenai, Alaska99611 Yee wAa��stG'�y W&td YWt4e 1 TELEPHONE 283-7535 FAX 907-283-3014 MEMORANDUM TO: Kenai City Council FROM: Loretta Harvey, Commission Secretary *"' DATE: April 12, 1991 �vV(( RE: Airport Commission Meeting Due to the lack of a quorum the Airport Commission Meeting of April 11, 1991 was cancelled. D - 3 KENAI HARBOR COMMISSION APRIL 15, 1991 Kenai City Hall Chairman Barry Eldridge AGENDA 1. ROLL CALL 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES of March 11, 1991 4. OLD BUSINESS a. Blessing of the Fleet b. Harbormasters Conference 5. NEW BUSINESS None 6. CORRESPONDENCE None 7. DISCUSSION a. Opening of Kenai Dock for the summer 8. COMMISSION COMMENTS & QUESTIONS None 9. INFORMATION a. Resolution No. 91-12 - Safe Boating Act 10. ADJOURNMENT Set date for next meeting /' g(Ena.i. Ifommuni ty -fifta xy ;A PUBLIC LIBRARY IN SERVICE SINCE 1949 163 MAIN STREET LOOP KENAI, ALASKA 99611 REPORT FOR THE MONTH OF MARCH 1991 Circulation Adult Juvenile Easy Books Fiction 1332 485 1293 Non-fiction 2218 303 378 Total Book Circulation Films, Phonidiscs, Pamphlets, Periodicals Total Circulation Additions Adult Juvenile Easy Books AV Gifts 80 14 6 35 Purchases 88 33 5 3 Total Additions Interlibrary Loans Ordered Received Returned Books 72 60 52 Interlibrary Loans by our Library Books ... 61 Volunteers Number ... 19 Total Hours ... 397 Income Fines and Sale Books Lost or Damaged Books Xerox 6009 772 6781 135 129 264 844.35 46.50 423.00 Total Income for March 1991 ... $1,313.85 -WF-n.ai Community-fdza.zy A PUBLIC LIBRARY IN SERVICE SINCE 1949 163 MAIN STREET LOOP KENAI, ALASKA 99611 Library Cards Issued March 1991 Kenai 86 Clam Gulch 1 Kasilof 13 Moose Pass 1 Nikiski 16 Soldotna 50 Sterling 6 Other 3 176 Library Patronage ... 6,880 Persons ply ISSI yo Mc, G illvrol CCIO Avl- ot �ac) �ll C)y le a oli ..... 4 ire__ CITY OF KENA ' 210 Fidalgo Avenue BICENTENNIAL Kenai, Alaska 99611 Vd4e atMIa Pat-- ej;rw to fa-9 e TELEPHONE 283-7535 FAX 907-283-3014 TO: Kenai City Council FROM: Loretta Harvey, Planning Commission Secretary DATE: April 12, 1991 RE: Planning and Zoning Commission Meeting, At their regularly scheduled meeting of April 10, 1991 the Planning Commission took the following action on agenda items: 5. a. Res. 91-5: Resubdivision of Gov. Lot 139 and a portion of Gov. Lot 140 Section 31, T6N, R11W, S.M. AK, C- Plaza Subdivision. Passed unanimously. 5. b. Res. 91-6: Resubdivision of Gov. Lots 5,6,7 Dragseth Subdivision and Utility Easement Vacation, Dragseth Subdivision. Passed unanimously. 6. a. Res. 91-7: Conditional Use Permit Application - Jerry & Evelyn Huf - Public hearing. Continued to April 24th meeting, so Commission can obtain more information concerning past permits issued in that area. 6. b. Application for Lease Lot 10, BL 2, Cook Inlet Industrial Air Park. Passed unanimously. 6. c. Petition to Vacate: Tract 1, Jack Webb Subdivision Sec. 1, T5N, R11W, S. M., Alaska. After a brief discussion a motion was made to recommend to Council approval of vacation. The motion was then amended to reduce easement to 10 feet for an access trail. Both motions failed due to lack of majority vote. 7. a. Development in TSH Zone - Steven J. Peloza. After hearing public testimony the Commission informed Peloza he could begin operation of business as stated in original application approved March 26, 1991. KENAI PLANNING & ZONING COMMISSION ****April 10, 1991**** City Hall Council Chambers AGENDA 1. ROLL CALL 2. APPROVAL OF AGENDA Approved 3. APPROVAL OF MINUTES - March 27, 1991 4. PERSONS PRESENT SCHEDULED TO BE HEARD S. PLANNING a. Resubdivision of Gov. Lot 139 and a portion of Gov. Lot 140 Section 31, T6N, R11W, S.M. AK, C-Plaza Subdivision b. Resubdivision of Lots 5,6,7 Dragseth Subdivision and Utility Easement Vacation, Dragseth Subdivision c. Petition to Vacate: Tract 1, Jack Webb Subdivision Sec. 1, T5N, R11W, S.M., Alaska 6. NEW BUSINESS - PUBLIC HEARING a. Conditional Use Permit Application - Jerry & Evelyn Huf 7. OLD BUSINESS a. Development in TSH Zone - Steven J. Peloza S. REPORTS a. City Council b. Borough Planning C. City Administration 9. PERSONS PRESENT NOT SCHEDULED 10. INFORMATION ITEMS 1. Kenai City Council Agenda - April 3, 1991 2. KPB Planning Commission Agenda - April 1, 1991 3. KPB Ordinance 91-2(Substitute) Re: Petitions to vacate utility easements 11. COMMISSION COMMENTS & QUESTIONS 12. ADJOURNMENT i-,+ ,90 6 N q � I Iii i i - I AW i R1 I BICENTENNIAL yiIvye r -ate tL'cfy m a fatal CITY OF KENAI D,1 ..� Cajadai 4 4Za�,,z, . 210 Fidalgo Avenue Kenai, Alaska 99611 TELEPHONE 283-7535 FAX 907-283-3014 TO: Council Members FROM: Kathy Lawyer, Secretary Beautification Committee DATE: April 10, 1991 SUBJECT: April 9, 1991 Beautification Committee Meeting There was no quorum for our April meeting. In fact, only one member attended. The next meeting of the Beautification Committee will be held on May 7, 1991 at 1:30 p.m. F-1 AGENDA RENAI CITY COUNCIL - REGULAR MEETING APRIL 3, 1991 A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non -controversial by the Council and will be approved by one motion. There will be no separate discussion of these items unless a Council Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. B. SCHEDULED PUBLIC COMMENT (10 Minutes) C. PUBLIC HEARINGS 1. Ordinance No. 1420-91 - Finding That Certain Foreclosed Land is Required for Public Use. 2. Ordinance No. 1421-91 - Finding that Lot 9, Block 2, F.B.O. Subdivision No. 4, City -Owned Airport Lands, is Not Required for Public Use. 3. Ordinance No. 1422-91 - Increasing Estimated Revenues and Appropriations by $2,060.00 in the Senior Citizens - Borough Special Revenue Fund. 4. Ordinance No. 1423-91 - Increasing Estimated Revenues and Appropriations by $1,992 in the General Fund as a Result of Donations Made to the Parks and Recreation Department. 5. Ordinance No. 1424-91 - Increasing Estimated Revenues and Appropriations by $2,500 in the Council on Aging - Borough Fund for the Purchase of Dishes for the Senior Center. 6. Ordinance No. 1425-91 - Increasing Estimated Revenues and Appropriations by $38,295 in the General Fund From the Reserve for Athletic Expenditures. -1- 7. Resolution No. 91-12 - Recommending Passage of House Bill 125 "An Act Relating to the Boat and Water Safety, Boating Accidents and Boat Numbering" by the 17th Alaska State Legislature. 8. Resolution No. 91-13 - Transferring $2,752 in the General Fund for Purchase of a Microform Reader/Printer. D. COMMISSIONICOMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees E. MINUTES 1. *Regular Meeting of March 20, 1991. F. G. OLD BUSINESS H. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $1,000 3. *Ordinance No. 1427-91 - Increasing Estimated Revenues and Appropriations by $244,000 in the General Fund for the Purchase of Property at the Site of the New Visitors and Cultural Center. 4. Approval - Application for Lease/Lot 10, Block 1, Etolin Subdivision No. 3. I. ADMINISTRATION REPORTS 1. Mayor 2. City Manager -2- 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager J. DISCUSSION 1. Citizens 2. Council R. ADJOURNMENT -3- KENAI CITY COUNCIL - REGULAR MEETING MINUTES APRIL 3, 1991 MAYOR JOHN J. WILLIAMS, PRESIDING ITEM A: CALL TO ORDER Mayor Williams called the meeting to order at approximately 7:00 p.m. in the Council Chambers in the Kenai City Hall Building. A-1. PLEDGE OF ALLEGIANCE Mayor Williams led those assembled in the Pledge of Allegiance. A-2. ROLL CALL Roll was taken by the City Clerk. Present were: Smalley, Walker, Williams, Measles, and Swarner. Absent were Monfor and McComsey. A-5. AGENDA APPROVAL Mayor Williams requested the following changes to the agenda: ADD: Discussion - Kenai Bicentennial Visitors and Convention Bureau - Set meeting to discuss the proposed budget for opening and operation of the facility from January 1, 1992 through June 30, 1992 and FY 1992-1993. Info Item - 8 - 3/21/91 AML letter requesting nominations for participants in the Alaska Municipal Pollution Prevention Roundtable. Fist meeting - May 11-2, 1991 in Juneau. Other meets to follow. Info Item - 9 - 4/1/91/ Ashley Reed Budget Report. Info Item - 10 - Heritage, Quarterly newsletter of the Office of History and Archaeology, AK Division of Parks and Outdoor Recreation. Info Item - 11 - EMERGENCY RESPONSE IN ALASKA - Compilation of Information to be presented to Legislature regarding the Proposed Cold Water Recovery School. A-6. CONSENT AGENDA Mayor Williams requested the following changes to the Consent Agenda: �- ADD: *H-5, Games of Chance and Contests of Skill Permit Application - Kenai Emblem Club #455. KENAI CITY COUNCIL MEETING MINUTES APRIL 3, 1991 PAGE 2 MOTION: Councilman Smalley MOVED for approval of the amended agendas and requested UNANIMOUS CONSENT. Councilwoman Swarner SECONDED the motion. There were no objections. 80 ORDERED. ITEM B: SCHEDULED PUBLIC COMMENT There was no scheduled public comment. ITEM C: PUBLIC HEARINGS C-1. Ordinance No. 1420-91 - Finding That Certain Foreclosed Land is Required for Public Use. MOTION: Councilman Measles MOVED for adoption of Ordinance No. 1420-91 and Councilman Smalley SECONDED the motion. There were no public or Council comments. VOTE: Smalley: Yes Williams: Yes Walker: Yes Swarner: Yes Monfor: Absent Measles: Yes McComsey: Absent MOTION PASSED UNANIMOUSLY. C-2. Ordinance No. 1421-91 - Finding that Lot 9, Block 2, F.B.O. Subdivision No. 4, City -Owned Airport Lands, is Not Required for Public Use. MOTION: Councilman Smalley MOVED for adoption of Ordinance No. 1421-91 and Councilwoman Swarner SECONDED the motion. There were no public or Council comments. KENAI CITY COUNCIL MEETING MINUTES APRIL 3, 1991 PAGE 3 VOTE: Smalley: Yes Williams: Swarner: Yes Monfor: McComsey: Absent MOTION PASSED UNANIMOUSLY. Yes Walker: Yes Absent Measles: Yes C-3. Ordinance No. 1422-91 - Increasing Estimated Revenues and Appropriations by $2,060.00 in the Senior Citizens - Borough Special Revenue Fund. MOTION: Councilman Measles MOVED for adoption of Ordinance No. 1423-91 and Councilman Smalley SECONDED the motion. There were no public or Council comments. VOTE: Smalley: Yes Williams: Yes Walker: Yes Swarner: Yes Monfor: Absent Measles: Yes McComsey: Absent MOTION PASSED UNANIMOUSLY. C-4. Ordinance No. 1423-91 - Increasing Estimated Revenues and Appropriations by $1,992 in the General Fund as a Result of Donations Made to the Parks and Recreation Department. MOTION: Councilman Smalley MOVED for adoption of Ordinance No. 1423-91 and Councilman Measles SECONDED the motion. There were no public or Council comments. VOTE: Smalley: Yes Williams: Yes Walker: Yes Swarner: Yes Monfor: Absent Measles: Yes McComsey: Absent MOTION PASSED UNANIMOUSLY. KENAI CITY COUNCIL MEETING MINUTES APRIL 3, 1991 PAGE 4 C-5. Ordinance No. 1424-91 - Increasing Estimate and Appropriations by $2,500 in the Council Borough Fund for the Purchase of Dishes for Center. MOTION: d Revenues on Aging - the Senior Councilwoman Swarner MOVED for adoption of Ordinance No. 1424-91 and Councilman Smalley SECONDED the motion. There were public or Council comments. VOTE: Smalley: Yes Williams: Yes Walker: Yes Swarner: Yes Monfor: Absent Measles: Yes McComsey: Absent MOTION PASSED UNANIMOUSLY. C-6. Ordinance No. 1425-91 - Increasing Estimated Revenues and Appropriations by $38,295 in the General Fund From the Reserve for Athletic Expenditures. MOTION: Councilman Smalley MOVED for adoption of Ordinance No. 1425-91 and Councilwoman Swarner SECONDED the motion. There were no public comments. Parks & Recreation Director McGillivray stated that the mower to be purchased is the one shown on the video which was watched by Council. Councilman Measles asked if this exercise bike is in addition to the exercise bike listed on Ordinance No. 1423-91. McGillivray stated yes. Councilman Smalley stated that he has had questions from citizens asking if the Rec Center will be adding any free weights to the weight room. McGillivray stated that the weight room is limited on space. The weights that are already available take care of about 95% of the people using the weights. Many of the people that require added weights have weights at home. He recommends that those people bring extra weights from home. If there are more weights available, the chance of someone injuring themselves increases also. KENAI CITY COUNCIL MEETING MINUTES APRIL 3, 1991 PAGE 5 Councilman Walker stated that he is not specifically against the purchase of an exercise bike or hair dryers for the Recreation Center. He does not support the purchase of the mower as he does not believe it to be considered athletic. The purchase of the mower was discussed during last year's budget sessions. It was decided at that time not to purchase the mower this year. Walker will not support this purchase now and will not next year. Walker stated it is too expensive of an item for the City of Kenai. Mayor Williams asked McGillivray if there is money in his account for the full-sized lockers discussed in an earlier meeting. McGillivray stated that he has not ordered the lockers as yet. Williams complimented Administration for finding a way to purchase the mower. Discussions in the past have been how to use the monies from the Daubenspeck reserve fund. Williams believes that Mr. & Mrs. Daubenspeck would like the monies spent on the mower as it will lend itself to beautify the City. Also, the purchase of the mower should keep personnel costs down. Councilwoman Swarner asked for more specifics on the exercise bike. McGillivray stated that he has a brochure if Council would like to look at it. This bike is computerized. It is also a commercial grade exercise bike. The others at the Rec Center are not commercial. One is not being used at this time because it needs some repair work. Swarner requested to see a picture of the bike. Councilman Smalley stated that he agrees with the Mayor as to the ingenious way Administration found to purchase the mower. Smalley stated that he believes the mower is tied into recreation through the ballfields. Smalley believes Daubenspeck would think it a worthy expenditure. Smalley also supports the purchase of the exercise bike. VOTE: Smalley: Yes Williams: Yes Walker: No Swarner: Yes Monfor: Absent Measles: Yes McComsey: Absent MOTION PASSED. KENAI CITY COUNCIL MEETING MINUTES APRIL 3, 1991 PAGE 6 MOTION: Councilman Smalley MOVED for Administration to order the lockers and have them installed as soon as possible before summer. Councilman Measles SECONDED the motion. Councilman Walker stated that there seems to be lots of money for lockers, but not for work on roads. The roads need repair. VOTE: Smalley: Yes Williams: Yes Walker: No Swarner: Yes Monfor: Absent Measles: Yes McComsey: Absent MOTION PASSED. C-7. Resolution No. 91-12 - Recommending Passage of House Bill 125 "An Act Relating to the Boat and Water Safety, Boating Accidents and Boat Numbering" by the 17th Alaska State Legislature. MOTION: Councilman Smalley MOVED for approval of Resolution No. 91-12 and Councilman Walker SECONDED the motion. There was no public comment. City Manager Brighton stated that he wanted Council to make sure they have read the legislation. Brighton is concerned that the change in the legislation will make compliance of the legislation very hard for some of the people who operate boats on the Kenai River. Also, current State waters will turn into Federal waters. The legislation is complex and there are many boaters on the Kenai that cannot comply with the specifications of the legislation. Councilman Smalley stated he believes the legislation is pretty standard in regard to boat numbering, certification, boat safety, etc. Mayor Williams stated that the Coast Guard has been working on a major program on water safety. Boat operators have brought most of the legislation upon themselves. Generally, government moves into action in case of need because of problems involved in that area. Alaska has the highest death rate on the water in the United States. KENAI CITY COUNCIL APRIL 3, 1991 PAGE 7 VOTE: MEETING MINUTES Smalley: Yes Williams: Yes Walker: Yes Swarner: Yes Monfor: Absent Measles: Yes McComsey: Absent MOTION PASSED UNANIMOUSLY. C-8. Resolution No. 91-13 - Transferring $2,752 in the General Fund for Purchase of a Microform Reader/Printer. MOTION: Councilman Smalley MOVED for approval of Resolution No. 91-13 and Councilwoman Swarner SECONDED the motion and requested UNANIMOUS CONSENT. There was no public comment. Councilman Walker asked for a definition of a microform machine. Librarian DeForest stated it is a machine that can read both microfiche and microfilm, depending which attachment is being used. VOTE: There were no objections to the request for UNANIMOUS CONSENT. SO ORDERED. ITEM D: COMMISSIONICOMMITTEE REPORTS D-1. Council on Aging Councilwoman Swarner reported that architect brought plans for the congregate housing project for review. They are available in Public Works Director Kornelis' office. There will be a workshop April 4, 1991. Kornelis stated that bidding will take place in June. They are waiting to see if Legislature will award funding. D-2. Airport Commission Airport Manager Ernst stated that there was no meeting in March. The next meeting is scheduled for April 11, 1991. Mayor Williams reported that the T-33 aircraft should be in Anchorage April 4, 1991. KENAI CITY COUNCIL MEETING MINUTES APRIL 3, 1991 PAGE 8 D-3. Harbor Commission Councilman Walker reported that there was no meeting in March. The next meeting is scheduled for April 15, 1991. Williams stated that he spoke with Mr. Nottingham of Nottingham, Peratrovich and Drage regarding the proposed boat ramp. Director Kornelis is to send a copy of the boat ramp application to Mr. Nottingham. Williams also reported that he spoke with Commissioner Sandor regarding the Oberts ramp. Williams was told that they are moving ahead with that ramp. Williams stated that the City is continuing to move ahead for the construction of a boat ramp in the lower River. Williams complimented Brighton in regard to the letter to the Fish and Game office which was included in the packet. Brighton stated that Engineer LaShot was the author of the letter. D-4. Library Commission Librarian DeForest reported that there was no quorum available for the meeting of April 2, 1991. The library will be open on Sundays from 1:00 p.m. to 4:00 p.m. for a trial period through April. She has had requests in the past from citizens for this opening. D-5. Parks & Recreation Commission No report. D-6. Planning & Zoning Commission Councilman Smalley reported that P&Z met on March 27, 1991. The minutes were not included in the packet. An art gallery proposal was discussed and approved unanimously. There was much discussion regarding this art gallery. Smalley stated to P&Z the comments and concerns that Father Targonsky expressed during the Council Meeting of March 20, 1991. P&Z also approved a plumbing and heating business and reviewed the Economic Trends portion of the Comprehensive Plan. Councilman Walker questioned whether the placement of the apartment in the plumbing and heating building in a commercial zone was acceptable to P&Z. Smalley reported that P&Z discussed this question and approved the plan. KENAI CITY COUNCIL MEETING MINUTES APRIL 3, 1991 PAGE 9 D-7. Miscellaneous Commissions and Committees Mayor Williams stated that he and Director McGillivray will determine a replacement for the Commissioner who resigned. ITEM E: MINUTES E-1. Regular Meeting of March 20, 1991. Approved by Consent Agenda. ITEM F: CORRESPONDENCE There was no correspondence. ITEM G: OLD BIISINESS There was no Old Business. ITEM H: NEW BIISINESS H-1. Bills to be Paid, Bills to be Ratified MOTION: Councilman Smalley MOVED to pay the bills and Councilwoman Swarner SECONDED the motion. There were no objections. SO ORDERED. H-2. Purchase Orders Exceeding $1,000 MOTION: Councilman Measles MOVED to approve the purchase orders exceeding $1,000 and Councilwoman Swarner SECONDED the motion. There were no objections. 80 ORDERED. KENAI CITY COUNCIL MEETING MINUTES APRIL 3, 1991 PAGE 10 H-3. Ordinance No. 1427-91 - Increasing Estimated Revenues and Appropriations by $244,000 in the General Fund for the Purchase of Property at the Site of the New Visitors and Cultural Center. Approved by Consent Agenda. H-4. Approval - Application for Lease/Lot 10, Block 1, Etolin Subdivision No. 3. MOTION: Councilman Smalley MOVED for approval of the application for lease, Lot 10, Block 1, Etolin Subdivision No. 3 and Councilwoman Swarner SECONDED the motion. There were no public comments. Councilman Walker stated that he read that portion of the minutes of P&Z's meeting of March 27, 1991(Smalley had an unapproved copy from Administration). Walker questioned why an apartment can be allowed in this project, but not for Mr. Maquire's property which was requested last fall. Smalley stated Maquire wanted approval for a business in a residential zone. Walker stated the property was re -zoned. Walker stated he has not found information in the Code which would allow the apartment in this zone. Williams stated that there is no explicit permission, but no prohibition. Smalley stated that he did not remember any Maquire application coming back to P&Z regarding an apartment in a commercially zoned property. Walker stated he does not have a problem with the project plan, he does not want the City to get in trouble for it later. AMENDMENT TO MOTION: Councilman Walker MOVED to allow the approval of the application providing the Legal Department has no problem with the zoning. Councilwoman Swarner SECONDED the motion. There were no objections to the amendment. SO ORDERED. VOTE ON AMENDED MOTION: Smalley: Yes Williams: Yes Walker: Yes Swarner: Yes Monfor: Absent Measles: Yes McComsey: Absent MOTION PASSED UNANIMOUSLY. KENAI CITY COUNCIL MEETING MINUTES APRIL 3, 1991 PAGE 11 H-6. Discussion - Kenai Bicentennial visitors and Convention Bureau Mayor Williams stated that the KBVCB is requesting a meeting to discuss the proposed budget for opening and operating the facility from January 1, 1992 through June 30, 1992 and FY 1992- 1993. Williams stated that he spoke with Mrs. Carter and suggested that Council would probably not address this matter until later in the year. It may be addressed as a supplemental to the budget when the building is completed. MOTION: Councilman Walker MOVED to postpone the discussion of the KBVCB building until September or October. Councilman Smalley SECONDED the motion. There were no objections to the motion. SO ORDERED. ITEM I: ADMINISTRATION REPORTS I-1. Mayor Williams stated that a copy of the proposed budget was included with the packet. Administration presented a very good budget. Williams would like discussions to begin on the budget as soon as possible. Several dates were discussed for a work session. Council chose to meet on April 15, 1991 at 7:00 p.m. in Council Chambers. Williams distributed a copy of a report entitled, Emergency Response in Alaska. This report was composed in regard to the proposed Cold Water Recovery Project. Williams was present during a meeting with Dennis Steffy and a representative of interested fire departments (Fairbanks, Anchorage). At this time Fairbanks and Anchorage have paid the consulting fees for their representative. Williams would like Council to review the report and at the next meeting would like to request funding for consulting fees to help defer costs. Councilwoman Swarner objected to the funding. A long discussion followed in regard to the possibility of the presence of collusion in regard to the upcoming foreclosed land sale. Williams has concerns due to the fact that TransAlaska Title Company will not write title insurance on foreclosed lands KENAI CITY COUNCIL MEETING MINUTES APRIL 3, 1991 PAGE 12 for ten years. Williams believes that the citizenry should be made aware more strongly than they have been in regard to acquiring title insurance. City Manager Brighton stated that the City has followed the Code and Alaska Statutes in regard to the sale of foreclosed lands. An alternative is to not sell the land for ten years. Also there are other title companies in Alaska. Walker stated that properties at fire sale price is one constitute a fire cancel the sale at years, the biggest land problems. he does not want the City to sell the sale prices. It was answered that the minimum half the assessed value and that does not sale price. Brighton added that Council can any time. Williams stated that over the problems the Council has had to face has been Smalley stated that he has no objections if the City is following the laws. Brighton stated that the procedure being used is the one followed by the Borough, City of Homer, City of Seward, and City of Soldotna. Anyone having foreclosed properties have used the same procedure. Williams stated that he has had developers call him. They may have problems getting financing without having clear title. It is a political decision that Council may have to take. Brighton stated that the buyer can do whatever he wants to get clear title. Smalley stated that if the City has followed the law to the letter, there is no problem, no conspiracy or collusion. Finance Director Brown stated that he spoke with the title company in regard to the sale. Potential buyers can get a quit claim deed from the former owner. This is normally done and there is nothing wrong with that. Brown does not see that as a conspiracy, but a way to manage the sale. The question of a relative of a former owner bidding for the former owner's property and winning the bid was discussed in a staff meeting. The City has no intention of making accusations or not allowing a sale to a former owner if it is the best bid. Councilman Measles stated that if the highest bid is received from a former owner, it does not matter where the money comes from because that is all the money the City will get for the property. KENAI CITY COUNCIL MEETING MINUTES APRIL 3, 1991 PAGE 13 Measles added that it makes no difference who buys the property. Williams stated -that he agrees, but if the former owner buys, his bid is just as good as anyone else's bid. Brown added that the sale does not affect the lawsuit which the City has against McLane's. This is a separate issue. Walker suggested that they take this time to review this discussion and the proposed sale. The discussion should be brought up again at the April 17, 1991 meeting. There will be time then to cancel or change the conditions of the sale. Smalley agreed. Smalley asked Attorney Graves if there is a way to determine the percentage of cases where a purchase owner foreclosed and was sued. Graves stated that there is one appellate case in Fairbanks. He researched this prior to putting the sale together. There may have been other cases which were not appealed. The municipality was upheld in each case. I-2. City Manager No report. 1-3. Attorney Attorney Graves stated that he sent Council a memo in regard to the settlement offer of the Dean v. Breck litigation. Graves requested direction from Council. MOTION: Councilman Smalley MOVED that the recommendation of Attorney Graves that the City accept the offer to forego costs and attorney's fees in return for dismissal of the action without an appeal. Councilwoman Swarner SECONDED the motion. There were no objections to the motion. SO ORDERED. Attorney Graves added that he will be out of the office on Thursday and Friday. He will be in Anchorage to attend a wetlands seminar, along with Kornelis and LaShot. I-4. City Clerk No report. KENAI CITY COUNCIL MEETING MINUTES APRIL 3, 1991 PAGE 14 I-5. Finance Director No report. I-6. Public Works Director No report. 1-7. Airport Manager Airport Manager Ernst stated that he has ordered an environmental assessment on the drainage and safety zone project for the airport. For some reason, the project has been delayed. The amount of the grant will be for $1.2 million and if the project does not come to grant, it may jeopardize the third year carry- over funds. Ernst would like permission to submit another AIP pre -application for a new fire truck at the airport. The present fire truck is being used with waivers permitting its use as it does not meet the minimum standards. Six individual fire extinguishers were placed on the fire truck to obtain the waiver. FAA will look favorably on the application for a new fire truck. Ernst wants to submit the pre -application just in case the drainage project does not go through to grant. The crash truck can be kept and used also. FAA encourages that it be kept. An addition to the Fire Department building will probably be needed to house the truck which will cost approximately $200,000. That cost will not be covered by FAA. A question was asked if a building is built on the airport to house the truck if the FAA will pay for it. Ernst stated that there is no requirement to have the fire truck housed on the airport. Brighton stated that separating the men from the apparatus would not be advantageous. Ernst stated that he will submit a preapplication in case the original drainage project does not come to grant. The purchase of the vehicle will not disallow the spending of the other monies. At this time there are no other major projects on line at the airport. Ernst stated that the additional space for the housing of the truck would be one stall width. Chief Burnett added that one stall is a double bay because vehicles are parked back to back. Consensus of the Council was to submit the preapplication. KENAI CITY COUNCIL MEETING MINUTES APRIL 3, 1991 PAGE 15 ITEM J: DISCUSSION J-1. Citizens a. Father Targonsky - Stated that he was disappointed in the Planning & Zoning decision to unanimously approve the plans for the art gallery to be located adjacent to the Russian Orthodox Church and historical chapel by Mr. Steve Peloza. Targonsky believes the approval is in contradiction to the existing ordinance formulated in 1987. Targonsky does not believe that the members of the Planning & Zoning Commission are well acquainted with what the Bicentennial Commission had in mind for that zone at that time. Targonsky stated that the ordinance in 1987 was to protect and enhance the historical portions of the City. Targonsky further stated that he has no problem with having an art gallery in the City, but opposes having it in this area. The only portion of the plan he finds acceptable is the removal of the utility pole near the chapel. Targonsky stated that the Historical Society is also concerned about the plan. A letter will be sent to the City from the Historical Society stating their position. Targonsky also stated that the Historical Preservation Week is scheduled for May 12-18, 1991. He is not aware of any plans by the Chamber of Commerce or the Bicentennial Office to celebrate that week. The Russian Orthodox Church is the only historical site in Kenai. Targonsky requested monetary support from the City for the restoration of the Church. Mayor Williams stated that the City may not, by law, donate to a church. Targonsky stated that he has spoken with attorneys and has been told that if a donation is earmarked for restoration and records show that the money is used only for that restoration, it is allowable. Williams requested Attorney Graves review that suggestion. Councilman Smalley stated that the Church, in order to make the area completely historical, could have the electrical power removed completely. Smalley also stated that P&Z believes the gallery will enhance the area, the fence will enhance the property and can be very attractive. There is another business, a law office, around the corner in the same zone. Mr. Peloza wants to maintain the historical looks of the area. Williams stated that the City will keep an eye on the business. b. Michael Carpenter - Mr. Carpenter stated that he has owned the property where the art gallery is to be placed since 1981. He purchased the property from Emil Dolchok. The property KENAI CITY COUNCIL MEETING MINUTES APRIL 3, 1991 PAGE 16 has always been in Native hands. No one else has approached him to use the building/property like this before until Mr. Peloza spoke with him. Carpenter believes that this is an appropriate business for the property. The property is commercial. Any kind of business could be put there. He is willing to work with the Church. Carpenter referred to an old picture of the property which is included in the Bicentennial calendar. The picture shows the house as having a picket fence. Carpenter also stated that people remember horses and horse barn at the bottom of the bluff. Carpenter is not agreeable to tents and hot dogs. Carpenter wants to enhance the community. c. Steve Peloza - Mr. Peloza stated that the tent would be used to have art shows outside, but in the tent to protect the art from the weather. The tent will be highly portable and will be able to break down. Peloza would like to have salmon bakes incorporated into the business. Peloza envisions having people spending four to five hours at the property. He believes that salmon bakes would enhance the area. He envisions the business as totally manicured with a changeable format. Mayor Williams asked if he had discussed the salmon bake, tent, etc. ideas with the Commission.' Peloza stated yes. Councilman Smalley stated that he attended the meetings when this business was discussed. There was no discussion regarding salmon bakes, etc. Smalley added that the Commission, to the best of his knowledge, was not aware of his desire to sell foods there. Smalley stated that the Planning & Zoning Commission may have some objection to these added ideas of Mr. Peloza. Mayor Williams suggested that the application be sent back to P&Z for another review. Williams suggested to Mr. Peloza that he convey his complete business idea to the Commission. Williams added that the Council will want a full report from P&Z in regard to their decision. Peloza stated that the added ideas are in the study process. Smalley agreed with Williams that Mr. Peloza's application be reviewed again by P&Z. The Council can approve or reject. Peloza added that he is doing a study on whether to include horses in his business. Williams asked Council if they had objections to having Mr. Peloza return to P&Z for more review. Peloza stated that he was -- KENAI CITY COUNCIL MEETING MINUTES APRIL 3, 1991 PAGE 17 not aware that P&Z needed to make a decision on all the activities he may have going on there. He was not aware that P&Z could change their minds. Smalley added that Commissioner Scott talked about the proposed use of the property for a great deal of time. She believes that if done in goodtasteas discussed, it would enhance the Historical Zone. Smalley is sure P&Z will want to review the proposed use again. There were no objections from Council that P&Z again review the proposal. Williams stated to Mr. Peloza that P&Z needs a fuller understanding of his business proposal. Williams is not sure that P&Z is aware of what Peloza wants to do on that property. The Council may not want to okay the proposal. P&Z is advisory. The Council approves and disapproves. J-2. Council Councilman Walker - Stated that he very much enjoyed the letter Administration sent to Fish & Game regarding the use of City property for a sonar station. Walker also stated that the City Manager is quite aware how displeased he is with the condition of the City streets. Walker stated that he will not back up from this topic or let go. He has never seen the roads in worse shape since 1967. Money for more men or machines should be addressed at budget meetings. Walker reported -receiving many calls from citizens complaining about the roads. The best road is in front of the Mayor's house. Walker added that the City must strongly improve the level of service on the roads. The money Council is spending on Parks & Recreation projects alone tonight would pay a man's salary all winter to run a road grader. The Council needs to reassess its position. Public Works Director Kornelis stated that he was not in town last week, but the conditions probably would not be any different. The break-up came fast. The equipment has been on the roads and in overtime. His department is short-handed at this time. The complaints have been attended to which came into City Hall. Walker stated that he complained two months ago. The road service was not done. Walker stated that Woodland, VIP, etc. KENAI CITY COUNCIL MEETING MINUTES APRIL 3, 1991 PAGE 18 were impassable. Walker stated again that he will not back off this problem. It needs to be addressed by Council. If it is needed, the roads should be patrolled every day. Walker suggested that prior to the next budget session, City Manager Brighton review that section of road maintenance and bring answers to that budget session. Councilwoman Swarner - Stated that she is also upset with the road situation. This fiscal budget a man was hired to do airport maintenance and a machine was purchased to work on the airport. She does not know who is at fault, but there is a problem. City Manager Brighton stated that the person hired to work at the airport resigned approximately one and one-half months ago. He has not yet been replaced. Swarner stated that money was added to the budget last year for more service and it has not improved. Brighton added that he does not remember a break-up when people were not upset about the roads. The inlets to the sewers have to be thawed in order that the water can drain. There are three road graders and six men. Swarner stated that the snow was not removed two months ago. Brighton stated that Redoubt Avenue, where he lives, was only once in a condition that it could not be traveled this winter. Swarner also stated that the apartment building on Cook Inlet Drive which was to be torn down last summer is still there. Swarner would like a letter written stating that the Council supports the Oil Spill responder immunity bill. MOTION: Councilwoman Swarner MOVED to have a letter from Council sent to the Legislature stating their support of the oil spill responder immunity bill. Councilman Smalley SECONDED the motion. UNANIMOUS CONSENT was requested. There were no objections. SO ORDERED. Councilman Measles - No report. Councilman Smalley - Stated that he has been driving here since 1974. Break-up began in February. This is early. Smalley reminded Council that the Conflict -of -Interest forms are due on April 15, 1991. KENAI CITY COUNCIL MEETING MINUTES APRIL 3, 1991 PAGE 19 Kornelis added that there have been roads in the past that have been closed because of pools of water. This has not happened this year. The roads have been worse. Swarner added that perhaps Kornelis could call about water on Redoubt Avenue by the dump. Williams asked if the men removing snow from around the fire hydrants would not dump the snow in front of the sewer drains. Mayor Williams - Stated that the last public hearing for the Fire Training School will be in the City Council Chambers on April 4, 1991 at 7:00 p.m. He encouraged councilmembers to attend. ITEM R: ADJOURNMENT MOTION: Councilman Smalley MOVED to adjourn the meeting. There were no objections. SO ORDERED. The meeting adjourned at 9:05 p.m. Minutes transcribed by: Carol L. Freas, City Clerk (4/10/91) Z t S 3 � O Qom[ # # # # # # # # # # # # # # # A# F— # O # # z # # Q # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # O # # V # # Q # # # # # # # # # # # # # # # # # # # # # # # # # # # W # # # GC # # Q # # a # # O # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # w # # # # # # # # # # # # Z # # a # 0= # # G # # # # # # # # # # # # # # # # # # # # # # # # # Q # # # # f� # G # f ) # 1. # :2 O N O aM 0) f) O O 00 (p 00 N O O OD OJ O O O p rr Of N p 1 Q CC lIY C� CA Ul L7 ![ Y Y Of W Y <7 W V Q J m Y J Z H Q oc p O Q > > Q f- w z w Q � Q W V W C!) � a fY Q Q � O Q Q 2 = y N Z tfs ul Q U7 _ 4 f> f— W •-• Q Q = Q _ Q J �- J Of d W W Y O S d W 1— # # [l0 p W O w Z # « # ffp p N ^ M N M « # « w # « # 1 ^ W « M « « # w # d d f!J f1 w « w w I-r � H # « W Z Z Z W M « f!! ey Q Q [> 4 atl w M O Y Y O fr wl � 4 ad! K # M # a# J J H 2 Q Q t> Q S « « fJ # V M Q Z f> Q d W d (n d tJ Q « « # « « M « « d # « d a « « # Z # O O 2 W O M W # H n 1— M H- # Q Q ►_- F- Q Q # LY dC W d 2 # # # # # # « M M # # W [J CL W J 6 J # M tY to Q # d w « W H G O d # # K Q Cfl [A Z CC LL Z d U M Q 2 S V - ►-f w D M d N 3e = = w M _ Oa O « # fY d f-1 F- - �Y S - J G u7 W Q o c_ - PURCHASE ORDER WHITE - VENDOR GOLDENROD - ACCOUNTING CANARY - ACCOUNTING BLUE - SHIPPING & RECEIVING GREEN - APPROVED COPY PINK - REQUISITIONER ` f VENDOR NO. 14409 I Ridgeway's, Inc. PO Box 9-1574 Anchorage, AK 99509 TO SHIP VIA: CITYOF KENAI 210 FIDALGO ST. PHONE 283-7538 KENAI, ALASKA 99611 BY TH NI AL „ ten,, RELMnNG TO THIS PUR- CHASE. No. Date 4/16/91 DELIVERY DATE PREPAY SHIPPING - CHARGE F.O.B. -- - ---------- - PER QUOTATION PURCHASES AUTHORIZED ONLY WHEN SIGNED ABOVE BY SEPARATE ON INVOICE THE FINANCE DIRECTOR OR HIS AUTHORIZED AGENT ITEM NO. DESCRIPTION OR ARTICLE QUANTITr ORDERED UNIT UNIT PRICE AMOUNT 30 sets plans/specs for STP Disinfection Facilities 1214.70, TOTAL 1214.70- DEPARTMENT STP Modification ACCOUNT ER AMOUNT 612.50.8092 1214.70 BY DEPARTMENT H For Council Approval April 17, 1991 F/- 3 Suggested By: Administration CITY OF KENAI ORDINANCE NO. 1428 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE KENAI MUNICIPAL CODE, TITLE 2, CHAPTER 15, ENTITLED "CONFORMITY TO STATE LIQUOR LAWS" AND CHAPTER 20, ENTITLED "SALES ON ELECTION DAY." WHEREAS, the Kenai Municipal Code incorporates the Alaska Statutes into its body to define the restrictions on sale or disposition of liquor, purchase by minors, etc.; and, WHEREAS, the Alaska Statutes have been amended since their original incorporation into the Kenai Municipal Code; and, WHEREAS, the Kenai Municipal Code requires amendment to conform with the Alaska Statutes. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the Kenai Municipal Code, Title 2, Chapter 15, Entitled "Conformity to State Liquor Laws" and Chapter 20, entitled, "Sales on Election Day" be amended as set forth below. Section 1• 2.15.010 Incorporation of State Statutes: Incorporated as though set forth in full herein, are the following quoted provisions of the Statutes of the State of Alaska which are identified by seciton number and catchline title below: (SEC. 04.15.020 RESTRICTIONS ON SALE OR DISPOSITION OF LIQUOR. SEC. 04.15.060 PURCHASE BY MINORS. SEC. 04.15.080 GIVING OF INTOXICATING LIQUOR TO PERSONS UNDER THE AGE OF 19 YEARS (PERMISSIBLE PENALTIES TO THE FULL EXTENT PERMITTED BY LAW TO HOME -RULE CHARTER CITY). SEC. 04.15.090 PROHIBITION WITH RESPECT TO CERTAIN FEMALES IN CONNECTION WITH LIQUOR SALES.] Sec. 04.16.052 Furnishing of Alcoholic Beverages to Persons Under the Age of 21 by Licensees. Sec. 04.16.060 Purchase by Persons Under the Age of 21 -1- Section 2• 2.20.010 Sales Permitted: The provisions of [AS 04.15.020(C)] AS O4.16.070 do not apply within the City of Kenai when elections are being held and intoxicating liquor may be sold or otherwise disposed of within the City of Kenai on election days in the same manner and purusant to the same regulation as on other days. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this first day of May, 1991. ATTEST: Carol L. Freas, City Clerk (4/11/91) clf John J. Williams, Mayor Introduced: April 17, 1991 Adopted: May 1, 1991 Effective: June 1, 1991 -2- Suggested by: Librarian City of Kenai ORDINANCE NO. 1430-91 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $1,400 IN THE GENERAL FUND FOR LIBRARY BOOKS. WHEREAS, through March 31, 1991, the City has received approximately $1,062 as library donations for lost and damaged books, and WHEREAS, the City expects to receive an additional $338 in this category through June 30, 1991, and WHEREAS, the Librarian has asked that this money be appropriated for the purchase of books. 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: Library Donations $1,400 Increase Appropriations: Library Books $1,400 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 1st day of May, 1991. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: April 17, 1991 Adopted: May 1, 1991 Effective: May 1, 1991 Approved by Finance (4/10/91) kl W— � � g N 7�AS BICENTENNIAL Ycy.ye wrt a�.st"G' y w "a fa-" 11*ald Es��'v�;ij►i�Ii)4� CITY OF KENAI 04w�lal 4 4&4oe-a,- - 210 Fidalgo Avenue Kenai, Alaska 99611 TELEPHONE 283-7535 FAX 907-283-3014 TO: Mayor Williams & the Kenai City Counci� FROM: Kim Howard, Administrative Assistant, DATE: April 11, 1991 FOR: April 17, 1991 Council Meeting RE: Application for Lease Lot 10, Block 2, Cook Inlet Industrial Air Park Attached is a copy of a lease application submitted by Jova Enterprises, Inc. d/b/a Hertz for the referenced property. Also attached is a map depicting the lot. The appropriate good faith deposit and filing fee have been received. This property is Airport Lands. Prior to leasing, an appraisal must be reviewed and approved by the Federal Aviation Administration. The applicant intends to construct an office building/shop for a rental car business. The Planning and Zoning Commission unanimously approved the application at their April 10 meeting. Does the City Council recommend approval of this lease application? Mr. Knopper has indicated he will attend the April 17 City Council meeting to answer any questions that you might have. kh cc: Josh Knopper CITY OF KENAI P.O. BOX 580 - KENAI, ALASKA - PHONE 283-7535 LEASE APPLICATION FOR CITY USE ONLY Date Received 1`irae/� • tocat�.on M and title fival Name of Applicant AO✓A �N i EI�PIZ�SGS� �NC. Address 'P,o Business Nar`tr a and Address SAMC- AS AlDoV4- Kenai Peninsula Borough Sales Tax No. (if applicable) State Business License No. O��SOQ (if applicable) Telephone t 3.3 --7Q ZQ Lot Description B t. O C K �-OT 10 - i2oO V(- 1 n►I..C1' =a--J 0s a7L/ Apt_. Desired Length of Lease �1 Property to be used for -5 -A op mil- ppjkK% N Cr Description of Developments (type, construction, size, etc.) SN�a oFFic:� W�bd C':'0-5 TK-yC-fiotil q�PR,ox yC) Attach development plan to scale (1" = 50'), showing all buildings planned. Time Schedule for Proposed Development: Beginning Date Auc")sT 1 I-qq, —I Proposed Completion Date ccT-0--p Z igg I Estimated Value of Construction $opo Date: .�/—,2 - �,�i Signed:�liJa Date: Signed: _ 1 CITY OF KENAI CHECK LIST FOR SITE PLANS ALL ITEMS MUST BE COMPLETED BEFORE APPLICATION CAN BE ACCEPTED Drawings should be drawn to scale 111- 50 ft.*, and must show layout of the lot applied for and the location of all improve- ments proposed. Drawings must show: 1. Existing buildings N/ 2. Proposed buildings Sim &ITA 6ACa 3. Parking facilities (how many spaces and where located) 5cc- AITaNr_ol 4. Site improvements a. Areas to be cleared and method of disposal S-L p,-jyNc r__j b. Proposed gravel or paved areas SLR p-,mC4-% C"4 C. Landscaping plan (retention of natural vegetation and/or proposed planting areas) 5�� p rn�cNcd 5. Building set backs S� n,—► n.�u cd 6. Drainage plan and method of snow removal 5 LA-acNcd 7. Circulation plan (all entrances, exits and on -site access) cNcd 8. Location of sign(s) - sign permit required 9. Fencing Ste) A�'TACNt-d 10. Curb cuts (where applicable) N!A 11. Building height "Y' 12. Buildings on or near the airport on airport lands must complete FAA Form 7460-1 CpMpt.tTC�-S-cil *This does not have to be drawn by an architect or engineer. 2 BUILDING INFORMATION On this sheet submit a drawing of building planned, drawn to scale. Scale: 1" _ ft. Construction Materials (wood frame, steel building, etc.) F 1Zk" Z- F t O s S H L d L A T S l j l t-r- 0 ty FR- N T — I I 1 n ►,J -1 t.S �{- I A C'k THIS DRAWING SHOULD BE AS COMPLETE AS POSSIBLE Note: If a prepared drawing is submitted, attach to this application and disregard this page, filling in construction materials only. 3 Description of Property Ze��0,`�v�, CONDITIONS OF ACCEPTANCE (To be completed by the City) Annual rent rate or cost Zoned for / Permits required Assessments Insurance required Construction must begin by Completion date for major construction THIS APPLICATION WILL BE MADE A PART OF THE LEASE Planning Commissio Approval: By: Date of Approval kO Chairman City Council Approval: By: , Date of Approval City Clerk r� z � X p C E Q � r 0 2 dd � d J ` 3 J Z AQ �fy fNr \ f°c f % Z't��'� �Qi \\��� GAG •� —Wena.i Bicznfznnial Wisdou and Ifommn # � BICENTENNIAL kkpa aWAa,ya&, - dtf,aW4a,�a&vet Honorable John Williams, Mayor CITY OF KENAI 210 Fidalgo Street Kenai, Alaska 99611 Dear Mayor Williams: ����S10I �3fists j APR 1991 ll CIE;X o of KENA1 tiU April 11, 1991 60 7 �' Pursuant to our conversation of April loth concerning discussions of future funding for operation and maintenance of the Bicentennial Visitors & Cultural Center, we wish to express our appreciation for the City's commitment to the Visitor Industry. As you are aware, the Visitor/Tourism industry is now Alaska's number two industry and is rapidly growing. We shall, therefore, look forward to working with the Council and Administration to develop a long-term funding program for Kenai's tourism industry. One concern I wish to express is the current funding level of our organization which has been budgeted through October 1, 1991 only. Our Board, prior to the approval of the Federal Grant, had determined that if a new building was not a reality, we would close out the Bicentennial organization at the end of the Bicentennial special events and celebrations (approximately October 1, 1991). Therefore, we have no funds to continue staff and promotional planning for the new facility and needed printing/promotional/advertising for opening of the new Visitors & Cultural Center in January of 1992. Most media placement, etc. must be done the fall prior to the actual publication (i.e. MILEPOST, Alaska Magazine, Alaska Airlines Magazine, etc.). Also, our staff is involved in securing additional funding for exhibits/displays and furnishing for the new facility and would be utilized to assist in bringing the Bicentennial Visitors & Cultural Center on-line in either late December or early January of 1992. P. O. Box 1991, Kenai, Alaska 99611 0 (907) 283-1991 Honorable John J. Williams CITY OF KENAI April 11, 1991 - Page Two Consequently, our organization would respectfully request Council consideration of additional funding assistance from the City of Kenai to continue our operation through 1991. It would be our intent to request grant funds from the City of Kenai in the amount of $10,000 which would be matched by the Kenai Bicentennial Visitors and Convention Bureau, Inc. in a like amount. Please advise appropriate procedures in requesting this amount for inclusion in the City's upcoming budget discussions so that plans may be implemented to continue our quest for development of a strong tourism industry for the City of Kenai and a successful completion of the new Bicentennial Visitors & Cultural Center. Thank you. Sincerely, KENAI BICENTENNIAL VISITORS AND CONVENTION BUREAU, INC. Sue Carter Executive Director CC: Councilwoman Christine Monfor scc Enclosure (1) - A copy of proposed annual budget for Visitors & Cultural Center KENAI BICENTENNIAL VISITORS & CONVENTION BUREAU, INC. Annual Budget FY 1991-1992 1991-1992 PROPOSED SALARIES: (Executive Director and part-time clerical) $4,000.00 $58,000.00 PAYROLL TAXES $7,274.00 PROFESSIONAL SERVICES (Accounting, et al) $2,000.00 OFFICEAGENERAL SUPPLIES $2,000.00 TELEPHONE $2,000.00 POSTAGE $1,500.00 MEMBERSHIP FEES/PERMITS $1,000.00 EQUIPMENTMIAINTAINENCE CONTRACTS $1,500.00 PRINTING $4,000.00 $8,000.00 PROMOTIONAL $2,000.00 ADVERTISING $4,000.00 TRAVEL $2,000.00 MISCELLANEOUS (INS. et al) $1,976.00 CITY OF KENAI $50,000.00 BNGOREVENUE $20,000.00 MEMBERSHIP/PATRON FEES $5,000.00 INTEREST INCOME $2, 250.00 ENTRANCE FEES ($2/ea.) $10,000.00 . (Beginning FY 1992-93) .................................... TOTAL PROPOSED BUDGET FY 1991-1992 $99,250.00 $99,250.00 (Excluding Building O & M) (ie: janitorial, utilities, maintainance, et al) I A W i H I I BICENTENNIAL Y wrl�a aPst-"G'tfy mil�a �u�e! CITY OF KENA P 1 210 Fidalgo Avenue Kenai, Alaska 99611 TELEPHONE 283-7535 FAX 907-283-3014 TO: Mayor John Williams and the Kenai City Council FROM: Kim Howard, Administrative Assistant ��' DATE: April 10, 1991 FOR: April 17, 1991 Council Meeting RE: Land Exchange - Lot 3, Block 4, Fidalgo Commercial Center and Lot 6, Block 4, Fidalgo Commercial Center At the March 20, 1991 City Council meeting, the Council approved Resolution 91-8 supporting the development of a new courthouse in the City and agreeing to provide a site for that purpose. Also discussed at that meeting was the possibility of a land exchange as requested by Attorney Jeff Jefferson. Does the City Council wish Administration to proceed with the land exchange? If so, I will inform Mr. Jefferson that he may order an appraisal for the property he owns (Lot 3), and the City will order an appraisal for Lot 6. Mr. Jefferson has indicated that he would not oppose using the same appraiser the City uses. The appraisals, as well as the proposed exchange, should be reviewed by the Federal Aviation Administration. A resolution, subject to any conditions the Council may impose on the transaction, such as an exchange of money to even out the value of the land exchange, can then be prepared for Council approval. The City Administration recommends acquiring a 10-foot easement on Lot 6, along the common lot line of Lots 6 and 7, to allow for a proposed trail connecting the Recreation Center to the Bernie Huss Fitness Trail. This easement will be considered in the appraisal. /kh a 4D PART I C r Z 4A 2 ~i 4 c A1.Er �.Q a a •� ' 49 - N 1 d n ::8 9 Iti 3 9 SLB W 1791-1991 CITY OF KENAI 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907-283-3014 TO: KIM HOWARD, ADMINISTRATIVE ASSISTANT FROM CARY R. GRAVES, CITY ATTORNEY DATE: MARCH 19, 1991 RE: KMC 22.05.070 (LAND EXCHANGES) This memorandum is in response to your questions regarding KMC 22.05.070. You wanted to know whether that ordinance would apply to the situation where the City and an individual trade lots with an amount of money also exchanged to even out the value of the exchange. You also requested an opinion regarding the public notice and hearing requirements. KMC 22.050.070 allows the City to enter into property exchanges whenever it is advantageous to the City to make such an exchange. The terms of the ordinance allow for the exchange to be made subject to any conditions the council may impose on the transaction. An exchange of money to even out the value of the land exchanged would come within the provision of the ordinance, which allows the council to set the conditions of the land exchange. I suggest that each party have their parcel of land appraised so that the parties can determine the relative fair market values of the property and the appropriate amount of money to be exchanged. The ordinance also has a requirement for public notice and hearing. Approval of any land exchange should be made by the council after an appropriate public hearing at a council meeting. The standard provisions providing for public notice of the agenda and public hearings would provide the required public notice. RUSSELL E. NORDSTROM JOSEPH W. STEELE, V - JEFFREY D.JEFFERSON - NOT ADMITTED IN ALASKA Kim Howard City Lands Manager City of Kenai 210 Fidalgo Avenue Kenai, Alaska 99611 Dear Ms. Howard: NORDSTROM, STEELE & JEFFERSON LAW OFFICES 215 FIDALGO AVENUE, SUITE 201 KENAI, ALASKA 99611 (907) 283-9187 February 22,1991 CALIFORNIA OFFICE 4526 WILSHIRE BOULEVARD LOS ANGELES, CALIFORNIA 90010 (213) 937-1000 This correspondence is a follow-up to our telephone conversation wherein I discussed my desire to exchange Fidalgo Commercial Center Block 4, Lot 3, presently owned by me free and clear of all encumbrances, with Fidalgo Commercial Center Block 4, Lot 6, currently owned by the City. It is my understanding that Lot 6 owned by the City is available for purchase by the public. The lot presently owned by me, given its immediate proximity to the existing state courthouse, would be appropriate for commercial professional office space development, however, my plans envision a building on a much smaller scale than what would be appropriate for that lot given its prime location. On the other hand, Lot 6 owned by the City, is somewhat misshapen and would be a difficult location for development of something other than a small office. My plans are to build a one -person law office which would be an ideal use of Lot 6. In addition, it is my understanding that the City intends to establish a 10- foot easement over Lot 6 so as to access an extension of the Bernie Huss fitness trail. As shown in the memorandum of 13 June 1990 previously provided me by the City of Kenai, that easement over the southern tip of the property so as to access the Kenai Rec Center, would not interfere with my intended use of the property and accordingly such an easement or outright grant could easily be arranged. am interested in your opinion as to whether the City code would allow for the lots to be exchanged and payments on the balance due based on the value differential of the two parcels, which I would estimate to be approximately $15,000.00. 1 believe that such an exchange would not only provide me with a lot more suitable, given its location and physical characteristics, for the project I intend to undertake, but would also place with the City title to Lot No. 3 which I believe is a far more marketable and commercially attractive lot for someone intending to undertake commercial development in the heart of Kenai's professional district. NORDSTROM, STEELE S JEFFERSON ` LAW OFFICES If you have any questions please do not hesitate to call. Very truly yours, Jeffrey DJefferson JDJ/bb February 22,1991 Page Two 0 KENAI CITY COUNCIL; April 17, 1991 r� We strongly oppose the operation of Steven's Alaskan Originals in Old Town Kenai. We live in the Bay Arm's Apartments and are well aware of what goes on in this area every day. Traffic is a major concern of this area. The small narrow street leading to the area has a moderate amount of traffic in the tourist off-season. It quickly becomes a "high -traffic" area with the arrival of the summer tourists. When I talked to Mr. Peloza about this issue, he quickly said that no more than eight vehicles will be allowed to park there at any given time. With the numerous Motor - homes coming through this will create a problem. It is not right to promote this very area as one of the most interesting attractions of the Peninsula, only to have someone telling the tourists they can't park there. Most of the people who come to see this history and heritage use the same parking as the Gallery. The traffic that this Gallery will bring in summer months is an unwanted amount to that that already exists. As for the history and cultural value of the area, we feel that bringing this type of commercialism to an area this rich in history, is a mistake. By,allowing Mr. Peloza a permit will only invite more commercialism to this sacred area. From talk- ing with Peloza, we feel it will be only a short matter of time before he has his "Salmon -bake" and "horse -back rides" in full swing. We feel very strongly for the people who's history and heritage this will infringe upon, especially the people of the Russian Orthodox Church. Also, the every day lives of all the residents of the area must be considered. Mr. Peloza's Art Gallery is a nice addition to the city, but definately in the wrong location. In opposition we ask you to reconsider issueing the permit for Steven's Alaskan Originals. Sincere y k;tO�_ 4 Mr. and Mrs. William K. Rupe P. 0. Box 3043 Kenai, AK 99611 14.20.105 14.20.105 T_ownsite Historic (TSH) Zoning District: (a) Intent. The TSH Zoning District is intended to provide for a mixed, controlled use in a designated area, which will protect and enhance the historic character of the zone. The goal of the TSH zone is to manage all new development and reconstruction by requiring all applications for a building permit to submit an application to the appropriate body for approval prior to the issuance of the permit. All applications must meet the criteria of the application process. (b) Guidelines. The following guidelines are intended to 'provide the applicant with an idea of the general criteria the ..Landscaping/Site Plan Review Board (Review Board) will employ ,when reviewing proposals for construction in the TSH zoning '';district. -They are designed to preserve the characteristics which typify development in the district and provide the basis for preserving the historical character -of the district. 'C1)� All alterations to existing structures should be performed so as to preserve the historical and architectural character of the TSH zoning district. _ (2) The distinguishing original qualities or character of a building, structure,_or site in its environment shall not be destroyed. The removal or alteration of any historic material or destruction of architectural features should be avoided when possible. (3) All existing buildings, structures, and sites r should be recognized as products of their own time. Alterations that have no historical basis should be discouraged, except buildings that have functional y utilities. (4) Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site, and its environment. These changes may have acquired significance of their own, which should be recognized and respected. (5):r Contemporary design for alteration and additions to existing properties shall not be discouraged when such alterations or additions do not destroy the historical character of the structure. The same will hold true on new construction, that is, contemporary design shall not be discouraged if it does not violate the historical character of the surrounding buildings or of the historic district as a whole. Design proposals for both new construction and alterations to existing structures should be compatible with the size, scale, color, material, and character of the property, the immediate surrounding structures, and those in the historic district. (c) Application. An application for construction in the TSH Zoning District shall be filed with the Planning Department 14-24 1►= (City of Kenai Supp. #46 - 11/13/87) 14.20.105 C for any rehabilitation/renovation or new construction within the TSH zoning district, as located within the bounds shown on the City of Kenai Official Zoning Map, which application shall contain: (1) Three copies of the application signed by the applicant and, if leasing the premises, co -signed by the owner indicating type or nature of business. <: (2) Current color photographs of the site and of any existing structures representing both the overall condition of the structure and accurately portraying the materials and color. (3) Three copies of a landscaping and site plan ti complying with the development criteria of this chapter and ° drawn to scale showing the existing structure and all K proposed alterations and additions in relation to the site. Provided that no landscaping/site plan shall be required ram, unless the proposed construction exceeds $10,000 in value. (d) Development Criteria. The development criteria is to provide for a district in which mixed residential and retail enterprises co -habit in a desirable and compatible use. All landscaping/site plans and/or proposed construction shall: .(1) Encourage, wherever possible and compatible with historic character of the TSH zone, foot traffic; restaurants, gift shops, parks, etc.; indigenous Kenai ' Peninsula flora; historic interpretation; wooden structures including log style with soft colored or natural sidings. (2) Discourage uses which will violate the historic and scenic quality of the TSH zone; buildings and building additions that are not compatible in height with adjacent buildings or which violate the existing scale of the district; metal buildings; quonset but style buildings; buildings with a "modern design" style of architecture; more than duplex residences; gas stations; auto repair shops; rental storage of any kind; junk; kennels or similar uses. (e) Setbacks.," Setbacks within the TSH zone shall be as stated in the-KMC.Development Requirements Table under the Urban Residential • (RU) 'criteria;"`'except As to existing buildings. (f) Review•'*Process.°"Upon submittal of an application, the •'Planning Department shall schedule the application for review by the Landscaping/Site Plan Review Board at the following appropriate meeting. (1) Approval or rejection of the landscaping/site plan shall be based upon the development criteria in subsection(d) above and all other pertinent provisions of the Kenai Municipal Code. (2) Should the Review Board require modification to the submitted application or additional submittals due to unusual conditions, then the additions shall be submitted by the applicant when requested by the Review Board prior to approval of the application by the Review board. 14-25 (City of Kenai Supp, #46 - 11/13/87) 1 J 14.20.105-14.20.120 (3) Upon approval of the application by the Review Board, the application shall be forwarded to the Building Official. (Ord. 1133) 4.20.110 Central Commercial Zone (CC Zone): (a) Int t. The CC one is established to provide for an area of conce rated commerci development. Regulations applying to this z e are designed encourage a compact group of business of a type which are m tually beneficial and located close eno together to encourage walk-in trade. (b) Prin ipal Permitted Uses: As allowed Land Use Table. ..3:..... (c) Condit i nal Uses: As allowed in L d Use Table and '`_subject to the pro isions of this chapter. :.,..(d) Accessory ses: As defined (se Definitions) . le) Home Occup ions: Uses as all ed by this chapter. (f) Development equirements: (1) No store or businesses shall involve any kind of manufacture compoun 'ng, proces ng, or treatment of products where such erations are objectionable due to odor, dust, smoke, not e, vi ations, or other similar nuisances. _ (2) Open Storage: N open storage shall be located closer than 25 feet to th adjoining right-of-way of -any • collector street or main t roughfare. Any open storage visible from a collecto str et shall be enclosed with an eight foot (8') high nce of ood appearance acceptable to • the Commission. (3) Lot and y d requireme is (see Development Requirements Table Additional R quirements Section). (4) Off -Stye t parking and 1 ding requirements shall be required in t s chapter. (g) Parking Re irements: As requir d by this chapter. (Ord. 925) 14.20.120 G eral Commercial Zone (CG Zo e): (a) Intent. The CG Zone is a ablished to provide for areas here a broad range of retail wholesale, and service establish ents is desirable_ Us s are regulated to concentrate comm cial development t the greatest extent possible and to p event any uses which w uld have an adverse effect upon nearby p operties. New single nd two-family residential uses and other noncommer al uses, except as otherwise provided in thi chapter, are not ermitted in this zone as principal uses because t is intende that land classified in this zone be reserved for commer ial purposes, and because a commercial zone is not s ited to t e uses excluded above. (b) Principal Permitted Uses: As allowed in Land Use Ta le. 14-26 (City of Kenai Supp. #46 - 11/13/87) 14.20.280-14.20.290 14_20.280 Public Hearings and Notifications: (a) Intent: This section governs all public hearings held by the Commission as required by this chapter. (b) Public Hearing Notice: Notice of the public hearing shall be published twice in a paper of general circulation within the City. The first notice shall be published not less than seven (7) days prior to the date of hearing. The notice shall contain at least the following information: (1) A brief description of the proposal on which the public body is to act; (2) A legal and common description of the property involved; (3) Date, time, and place of the public hearing; (4) Person and place to contact for more detailed information. (c) Property Owner Notification: A copy of the aforementioned newspaper notification shall be sent by certified mail to real property owners on record on the borough assessor's records within a 300-foot periphery of the parcel affected by the proposed action. This notice shall be mailed not less than ten (10) days prior to the date of hearing. When a public hearing is to be held about a proposed zoning ordinance amendment involving a change in the text or major district boundary changes, no notification of neighboring property owners shall be required, but notices shall be displayed in at least three public places. (Ord. 925) 14.20.290 Appeals - Board of Adjustment: (a) Appeals from decisions of the administrative official or the Commission shall be heard by the Kenai City Council acting as the Board of Adjustment. (b) Procedure: (1) The Board of Adjustment shall set a date for and hold a hearing on all appeals within thirty (30) days of the filling of the appeal. Notice of the time and place of such hearing shall be mailed to all parties interested and to all property owners within 300 feet of the property involved at least ten (10) days prior to the hearing. (2) Within thirty (30) days after the.hearing, the Board of Adjustment shall render a decision on the appeal. In exercising the above -mentioned powers, the Board of Adjustment may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or requirement, decision or determination as ought to be made, and to that end shall have all the powers of the body from whom the appeal is taken. (3) All meetings of the Board shall be open to the public and the Board shall keep minutes of its proceedings 14-58 (City of Kenai Supp. #47- 2/10/88) 14.20.290-14.20.320 J showing its decision, the reasons for its decision, and the vote of each member upon each question. Said minutes shall be made a public record. (Ord. 925) 14.20.300 Appeal to Superior Court: An appeal from any action or decision of the Board of Adjustment may be taken by any person to the Superior Court as provided by state law and applicable ordinances. (Ord. 925) 14.20.310 Severability: In the event any portion, section, subsection, clause, sentence, or phrase of this. chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. (Ord. 925) 14.20.320 Definitions: (a) General Interpretation: (1) Words used in the present tense include the future tense. (2) The singular number includes the plural. (3) The word "person" includes a corporation as well as an individual. (4) The word "lot" includes the word "plot" or "parcel." (5) The term "shall" is always mandatory. (6) The word "used" or "occupied" as applied to any land or building shall be construed to include the words "intended," "arranged" or "designed to be used or occupied." (b) Specific definitions: (1) "Accessory building" means a detached building, the use of which is appropriate, subordinate, and customarily incidental to that of the main building or to the main use of the land and which is located on the same lot as the main building or use. An accessory building shall be considered to be a part of the main building when joined to the main building by a common wall or when any accessory building and the main building are connected by a breezeway. (2) "Accessory use" means a use customarily incidental and subordinate to the principal use of the land, building, or structure and located on the same lot or parcel of land. (3) "Administrative official" means the person charged with the administration and enforcement of this chapter. (4) "Agricultural building" means a building used to shelter farm implements, hay, grain, poultry, livestock, or other farm produce, in which there is no human habitation and which is not used by the public. (5) "Alley" means a public way designed and intended to provide only a secondary means of access to any property abutting thereon. 14-59 (City of Kenai Supp. #50 - 3/10/89) Post Office Box 754 Whittier, Alaska 99693 April 13, 1991 The Honorable Mayor and City Council City of Kenai City Hall Kenai, Alaska 99611 Ladies and Gentlemen: Recently an article appeared in the historic Russian Orthodox Church and properties. As a concerned Alaskan I regarding the proposed development. \sZ R l292'_ Anchorage Daily News concerning the commercial development of adjacent feel the need to voice my opinion Last summer my husband and I visited Kenai specifically to see the museum and church. We are interested in Alaska historical sites and consider the church to be one of the most important we have visited. We took the tour of the Church of the Assumption of the Virgin Mary. Apparently were not alone in our interest; in the course of an hour several individuals joined the tour conducted by Father Macarius Targonsky. We found the church and Father Targonsky's deserratinn on Russian Orthodox history extremely interesting. We were favorably impressed with the inside and outside of the site. The rectory adds to the esthetics of the area. We were able to take photographs unobstructed by other buildings -- particularly modern structures. Alaska heritage is directly related to the Russian Orthodox Church. Your city should be proud of this historcial treasure and strive to maintain and preserve the area in a natural setting. We had occassion to drive around town. It would appear there are several locations more suitable for commercial ventures of the type Mr. Peloza proposes. Automated Christmas displays in front of the church or other historical site is not in good taste. Such ventures would be better situated on one of your more traveled streets in the vicinity of other commercial properties. Alaskans should be proud of their historical sites and heritage. These should be maintained in respect and with the highest esteem. Please consider this decision carefully before desecrating the area with any commercial complex. Thank you for allowing me to share my opinions with you. Van 1Z—�- cc: Rev. Macarius Targonsky 0 McLANE I A990CIATE9 PROFESSIONAL ENGINEERS, SURVEYORS & PLANNERS April 16, 1991 Father Macarius Targonsky Russian Orthodox Church P.O. Box 3427 Kenai, Alaska 99611 Re: Property Survey Dear Father Targonsky: MA 911032A On April 15, 1991, 1 completed a property survey on a portion of the Russian Church property (U.S.S. No. 192). <! g A closed traverse beginning at corner 5 was performed along the property lines to corner 10 and back to corner 5 of U.S.S. No. 192. Corner 5 was found marked by a brass cap monument, corner 6 was set by record data. A 5/8" rebar was found at corner 7, and a aluminum monument was found at corner 8. A 5/8" rebar was found at corner 9, corner 10 was set by record data. All corner monuments were in good condition. Improvements found on this portion of the property were: 1) A 20' x 20' log shrine (Russian Chapel) 2) One power pole with guy anchor 3) A wire and wood post fence extends along one easterly leg of the property line. Encroachments found on property were: 1) Two legs of a portable sign (Stevens Alaskan Originals) encroach on property by one foot. 2) Willows and small birch trees up to 2 inches ± in diameter have been cut over a 30' by 50' area within said property . A plat of this survey is being prepared for your use and will be forth coming. P.O. BOX 468 SOLOOTNA, AK 99669 907-283-4218 Russian Orthodox Church Property Survey April 16, 1991 Page 2 If you should have any additional questions, please contact our office at 283-4218. Sincerely, ' -,//0 4C-, Stanley, S. McLane, P.LS. McLane and Associates /dh • )artment of the Interior PARK SERVICE EGIONAL OFFICE :11 Street. Room 107 Alaska 99503-2892 Phil Bryson, Chair Planning and Zoning Commission City of Kenai Kenai, Alaska 99611 Dear Mr. Bryson: APR 10 1991 TAIL PW �� v AM The National Park Service wishes to take this opportunity to express concern for the preservation of the Holy Assumption Orthodox Church National Historic Landmark at Kenai. As you know, the Church, which was constructed between 1894 and 1896, is the principal and most enduring example of historic Russian culture on the Kenai Peninsula. The National Park Service, under the National Historic Sites Act of 1935, is charged with the oversight and protection of the National Historic Landmarks in the United States. The Holy Assumption Orthodox Church at Kenai is one of 45 National Historic Landmarks in the State of Alaska. It is the only Landmark on the Kenai Peninsula to which visitors have access. Sites and structures such as the Holy Assumption Orthodox Church are nominated as National Historic Landmarks because of their outstanding significance based upon architectural character, association with an important historic event and integrity of setting. Recent news articles, discussions with local Kenai residents and the State Historic Preservation Officer reveal that the integrity of the Holy Assumption Orthodox Church, through pending land use zoning decisions, may be threatened as a result of possible incompatible land uses. The National Park Service wishes to express its concern for the future of this National Historic Landmark and would like to take this opportunity to reiterate that this community resource is an important and irreplaceable part of our shared American heritage. Decisions regarding the areas around the Church structures and neighborhood setting need to be tempered with a concern for what is best for this community landmark. In the past, the Kenai church has been the recipient of state and federal preservation funding. Considerable funds were expended as part of the National Bicentennial Celebration. In 1986 a Condition Assessment Report was prepared by the National Park Service as a tool to encourage further rehabilitation efforts. Future assistance, however, would be jeopardized by any action which undermines the historic qualities for which the site was designated an NHL. It is our experience both in Alaska and nationwide that communities which value and respect their significant historic resources and pursue a planned development which enhances and protects those historic qualities benefit from increased community pride and a sense of place. That pride and sense of place will be conveyed to the visitor, resulting in a sustained growth in tourism. I would also like to take this opportunity to extend the National Park Service's assistance to you in your planning and preservation efforts for the area surrounding this National Historic Landmark. Sincerely, David B. Ames Acting Regional Director cc: ✓dill Brighton, City Manager, City of Kenai Very Rev. Archpriest Joseph Kreta, Chancellor, Orthodox Diocese Very Reverend Macarius Targonsky Judy Bittner, State Historic Preservation Officer Kenai Natives Association, Inc. #,. S 215 Fidalgo St., Suite 203 Tangent Building Kenai, Alaska 99611 RESOLUTION 91-1 WHEREAS,,, the Kenai Natives Association,, Inc., is a local Alaskan Native Profit Corporation located at Kenai, established in accordance with the "Alaska Native .,.,,Claims Settlement Act, of 1971 (P.L. 92-203); and NOW THEREFORE BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE KENAI NATIVES ASSOCIATION, INC., that the. Kenai Ewa*Natives Association, Inc., at its regular me ' 1991, that any endeavor that promotes further erosion or destruction of the vital heritage and culture of the Village of Kenai is disrespectful and demeaning to its residents and members of the Russian Orthodox Congregation. BE IT FURTHER RESOLVED THAT the Board of the Kenai Natives Association, Inc., requests that the members of the Kenai City Council reconsider its original approval. DATED this 17th day of April, 1991. z KATHERINE W. BOLING, RESIDENT NINA TWEEDY, SECRITRY 19 * 19 f CITY OF KENAI 7� A S �P i210 Fidalgo Avenue B I C E N T E N N I A L Kenai, Alaska 99611 y e wiMa past= 4l or'a fine TnEPHONE 283-7535 FAX 907-283-3014 MEMORANDUM TO: Mayor and Council Members City of Kenai FROM: Carol L. Freas ev Clerk City of Kenai DATE: April 11, 1991 RE: APPEAL - BOARD OF ADJUSTMENT STEPHENIS ALASKAN ORIGINALS This memorandum is to inform you this office has received two letters appealing the decision of the Planning & Zoning Commission to allow the opening of the above -referenced business in the Kenai Historical District. Copies of those letters are attached for your information. KMC 14.20.290 (a copy is attached) defines the procedure for an appeal. Council, acting as the Board of Adjustment, must set a hearing date, time, and place within thirty (30) days of the filing of an appeal. When setting the hearing, please remember that notices must be sent to all interested parties and to all property owners within 300 feet of the property involved at least ten (10) days prior to the hearing. In the past, Board of Adjustment hearings have been held prior to Council meetings. This thirty -day period includes a Council Meeting date of May 1. On what day, time and place do you wish to set the appeal hearing? clf _ Attachments .r HOLY ASSUMPTION OF THE VIRGIN MAR (RUSSIAN) ORTHODOX CHURCH Y P.O. BOX 1227 KENAI, ALASKA 99611 As- APRIL 11, 1991 Kenai City Council 215 Fidalgo Kenai, Alaska 99611 Dear City Council: APR �991 —Sep TY EU Crry OF co 92 1 I would like to make a formal appeal to the decision of the Planning and Zoning Commission to allow the opening of the arts and craft commercial venture known as Stephen's Alaskan Originals located in our Kenai Historical District. I am a born and raised Native/Russian resident of Kenai, Alaska and am a member of the Holy Assumption Russian Orthodox Church. This type of venture would distract from the area and would certainly be inappropriate considering the proximity to the Russian Chapel which is actually a memorial shrine built over the graves of a priest and two monks. This is a very fragile piece of history and certainly deserves the utmost reverence and respect. I do not believe that a commercial venture so close to the final resting place would be appropriate. We would certainly not hold a salmon bake or sell arts and crafts by the shrine of John F. Kennedy at Arlington. Mary Ellen Israel son Box 894 Kenai, Alaska 99611 Kenaitze h7dian Ttibe L Ro A. 6� g91011,�,� P.O. BOX 988 KENAI, ALASKA 99611 ti� APR,, (907) 283.3633 m R (_"Q V Fax (907) 283-3052 cirY RFD OF'CENAI ^p�, Resolution 910 - satlzd'L, O A resolution to express non-support of the decision of the Kenai Planning and �(f Zoning Commission to approve the opening of"Steven's Alaskan Originals"adjacent n to the Shrine of St Nicholas, and to request reconsideration of approval. (/ WHEREAS, the Russian Orthodox Church of the Holy Assumption has been in the WHEREAS, nearly all of the vital heritage and culture of the Village of Kenai has been lost through insensitivity, apathy and commercialism; and, NOW THEREFORE BE IT RESOLVED by the Tribal Council/Executive Committee of the Kenaitze Indian Tribe, IRA at its regular meeting of April 10,1991 that any endeavor that promotes further erosion or destruction of the vital heritage and culture of the Village of Kenai is disrespectful and demeaning to its residents and members of the Russian Orthodox Congregation. BE IT FURTHER RESOLVED THAT the Tribal Council/Executive Committee requests that the members of the Kenai City Council reconsider its original approval. Voting for 5 Against 0 M lare Swan,Tribal Chairperson Absent 2 Abstain 0 i F L Smagge,Tribal Secret Date gned fi 14.20.260-14.20.270 certificate of zoning compliance shall not be deemed or construed to be a -permit for, or an approval of, any violation of any of the provisions of this chapter or any amendment hereto. No permit presuming to give authority to violate or cancel any of the provisions of this chapter shall be valid except insofar as the work or use which is authorized is lawful and permitted. (Ord. 925, 1240) 14.20.270 Amendment Procedures: (a) Intent: This section shall govern any amendment to the Kenai Zoning Code and Official Map. (b) Initiation of Zoning Code and Official Map Amendments. (1) Amendments to the Kenai Zoning Code and Official Map may be initiated by: [A] Kenai City Council; [B] Kenai Planning and Zoning Commission; [C] Submission of a petition by a majority of the property owners in the area to be rezoned; ED] Submission of a petition bearing the signatures of fifty (50) registered voters within the City of Kenai to amend the ordinance text; [E] Submission of a petition as provided by the Home Rule Charter of the City of Kenai. (2) Amendments to the Official Zoning Map shall be considered only if the area to be rezoned contains a minimum of one (1) acre (excluding street or alley rights -of -way) unless the amendment enlarges an adjacent district boundary. (3) A proposed amendment to the zoning ordinance which is substantially the same as any other proposed amendment submitted within the previous nine (9) months and which was not approved shall not be considered. (4) The zoning amendment request shall include the names and addresses of the applicant, a map showing the area involved, the present and proposed zoning, the appropriate application fee, and any other pertinent information requested by the City. (c) Amendment Procedure: (1) A completed application, as described in this section, shall be submitted to the administrative official. The administrative official shall schedule a public hearing and make notification arrangements. (2) The Commission shall hold a public hearing in accordance with the requirements of this chapter. (3) The Commission shall, upon public hearing, forward its written recommendation to the Kenai City Council, along with all certified minutes and public records relating to the proposed amendment. (4) The Kenai City Council in accordance with the provisions of the Kenai Municipal Code, may or may not adopt the amendment as a City ordinance. (Ord. 925, 1179) 14-57 (City of Kenai Supp. #47 - 2/10/88) 14.20.290-14.20.320 showing its decision, the reasons for its decision, and the vote of each member upon each question. Said minutes shall be made a public record. (Ord. 925) 14.20.300 Appeal to Superior Court: An appeal from any action or decision of the Board of Adjustment may be taken by any person to the Superior Court as provided by state law and applicable ordinances. (Ord. 925) 14.20.310 Severability: In the event any portion, section, subsection, clause, sentence, or phrase of this. chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. (Ord. 925) 14.20.320 Definitions: (a) General Interpretation: (1) Words used in the present tense include the future tense. (2) The singular number includes the plural. (3) The word "person" includes a corporation as well as an individual. (4) The word "lot" includes the word "plot" or "parcel." (5) The term "shall" is always mandatory. (6) The word "used" or "occupied" as applied to any -- land or building shall be construed to include the words "intended," "arranged" or "designed to be used or occupied." (b) Specific definitions: (1) "Accessory building" means a detached building, the use of which is appropriate, subordinate, and customarily incidental to that of the main building or to the main use of the land and which is located on the same lot as the main building or use. An accessory building shall be considered to be a part of the main building when joined to the main building by a common wall or when any accessory building and the main building are connected by a breezeway. (2) "Accessory use" means a use customarily incidental and subordinate to the principal use of the land, building, or structure and located on the same lot or parcel of land. (3) "Administrative official" means the person charged with the administration and enforcement of this chapter. (4) "Agricultural building" means a building used to shelter farm implements, hay, grain, poultry, livestock, or other farm produce, in which there is no human habitation and which is not used by the public. (5) "Alley" means a public way designed and intended to provide only a secondary means of access to any property abutting thereon. 14-59 (City of Kenai Supp. #50 - 3/10/89) KENAI CITY COUNCIL APRIL 15,1991 KENAI HISTORICAL SOCIETY 215 FIDALGO P.O.Sox 1348 KENAI,ALASKA 99611 KENAI,ALASKA 99611 DEAR CITY COUNCIL: The KENAI HISTORICAL SOCIETY objects to the arts and crafts business such as Stephens Alaskan Originals and other projects with itsplanned to open in May. This business is located in our Kenai Historical district. Right between- our historical buildings dedicated as National Historical Landmarks. We think this kind of business distracts from our Kenai Historical District. The propery for this business is located on the old Dolchok home property across the street from the Kenai Orthodox Church and beside the MemorialShrine We can understand compatible business in the area,but feel this business would distract from Kenai's historic area. Tourists and locals would be unable to photograph the historic buildings without including some of the shops and such now planned. Please consider the kinds of business when so near -`•our KENAI HISTORIC DISTRICT. Sincerely �Vdent ROGER MEEKS cc. planning and zoning comission o� APR 1991 M � Q� t.0 + + CLEW �l• iYOFKENAI J12£ZZZ 3 1 AW iR1l BICENTENNIAL yi�%9e wr a rsst= 4m&ra April 12, 1991 Mr. Steven J. Peloza 514 Overland Avenue Apartment #15 Kenai, AK 99611 RE: APPEAL - BOARD OF ADJUSTMENT STEPHEN'S ALASKCAN ORIGINALS Dear Mr. Peloza: Enclosed please find the following: CITY OF KENAI %YU 6a� 4 4,4,iz„ 210 Fidalgo Avenue Kenai, Alaska 99611 TELEPHONE 283-7535 FAX 907-283-3014 1. Two letters of appeal filed with this office on April 11, 1991. The letters appeal the action of the Planning & Zoning Commission with regard to the location of "Stephen's Alaska Originals" in Old Town. 2. A copy of KMC 14.20.290 entitled, "Appeals - Board of Adjustment." In Section (b)(2), the Code states in part: ...In exercising the above -mentioned powers, the Board of Adjustment may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or requirement, decision or determination as ought to be made, and to that end shall have all the powers of the body from whom the appeal is taken. 3. A copy of the Kenaitze Tribe's Resolution No. 91-05 expressing non-support of the Planning & Zoning Commission's actions. 4. A copy of the 4/11/91 memorandum to Council from Clerk Freas informing them of the appeals and requesting a hearing be Mr. Steven Peloza April 12, 1991 Page 2 set for the Board of Adjustment to hear the appeals. This item will be placed on the agenda for the April 17, 1991 Council Meeting. The only decision made at that time will be to set a hearing date. If you have any questions, please contact this office. Sincerely, CITY OF KENAI Carol L. Freas City Clerk clf/ Enclosures N 9! J "' %► CITY 1OF KEN. ' 210 Fidalgo Avenue B I C E N T E N N I A L Kenai, Alaska 99611 Ad4e waa$stC�i�i &&ra far l�e TELEPHONE 283-7535 FAX 907-283-3014 MEMORANDUM TO: William J. Brighton, City Manager FROM: Keith Kornelis, Public Works Director DATE: April 12, 1991 SUBJECT: Blessing of the Fleet FOR: Council Meeting of April 17, 1991 The Kenai Harbor Commission and its Chairman, Barry Eldridge, have been trying to organize a "Blessing of the Fleet" for this summer, tentatively at 2:00 p.m. on June 23, 1991. Mr. Eldridge asked that I have the attached letter sent to the local fishing organizations concerning the "Blessing of the Fleet". Prior to doing so I asked the City Attorney, Cary Graves, to review it. His comments are also attached. I am submitting Mr. Eldridge's letter and Mr. Graves' letter to the Harbor Commission at their next meeting on April 15, 1991. I will report to Council on April 17, 1991 as to whether or not the Harbor Commission wants to continue with their idea of the "Blessing of the Fleet." I would suggest that if the City of Kenai or its Harbor Commission is to be involved in the "Blessing of the Fleet" that it first be approved by the Council of the City of Kenai. If the Council would like to hold a "Blessing of the Fleet," then they should make a motion to approve the Harbor Commission's participation in the "Blessing of the Fleet." If the Council chooses not to discuss this matter or if they choose to disapprove, then the "Blessing of the Fleet" should be dropped from consideration. KK/kv LETTER TO THE LOCAL FISHERMEN KENAI PENINSULA FISHERMANS COOP ASSOC. ATTN: GERI RANSOM UNITED COOK INLET DRIFT ASSOC. ATTN THEO MATTHEWS uyx-AffVkF- HJIV.-A) COOK INLET AQUACULTURE ASSOC. ATTN: TOM MEARS THE CITY OF KENAI HARBOR COMMISSION, WOULD LIKE TO INVITE YOUR MEMBERS TO PARTICIPATE IN lI SST ANNUAL "BLESSING OF THE FLEET" TO BE HELD AT 2 P.M. ON 23 JUNE 1991. A "BLESSING OF THE FLEET' IS TRADITIONAL AMONG MANY OF THE OLDER FISHING PORTS IN OUR COUNTRY. IT IS AN OPPORTUNITY TO HAVE A FAMILY OUTING ON YOUR BOAT, TO DECORATE YOUR BOAT FOR THE OCCASION, AND TO SEEK GOD'S BLESSING AND PROTECTION FOR THE BOAT AND CREW DURING THE FISHING SEASON. THE COMMISSION EXPECTS TO HAVE BOATS PARADE BY THE KENAI PUBLIC DOCK, CLOSE ABOARD, AND HAVE PASTORS FROM LOCAL CHURCHES BLESS THE BOATS AS THEY PASS BY. PASTORS FROM THE LUTHERAN, ROMAN CATHOLIC AND EPISCOPAL CHURCHES HAVE AGREED TO PARTICIPATE IN THE EVENT. WE WOULD LIKE TO RECEIVE SUGGESTIONS FOR OTHER FISHING RELATED ACTIVITIES OR DISPLAYS FOR THE KENAI PUBLIC DOCK AREA AND SOME IDEA OF THE NUMBER OF MEMBERS THAT MIGHT BE EXPECTED TO PARTICIPATE. IF YOU HAVE ANY QUESTIONS PLEASE CALL ME AT 283-2057(WORK) OR 283-7152(HOME). SINCERELY, BARRY ELDRIDGE CHAIRMAN KENAI HARBOR COMMISSION BICENTENNIAL Yiy�%-r r&aP tG'�y mQma fa-" CITY OF KENAI %%eU Capded 4 4Za4e„ IVi vD111c`;0101111 210 Fidalgo Avenue Kenai, Alaska 99611 TELEPHONE 283-7535 FAX 907-283-3014 TO: KEITH KORNELIS, PUBLIC WORKS DIRECTOR C23 FROM: CI CARY R. GRAVES, CITY ATTORNEY RE: CIO, OF THE FLEET" DATE: APRIL 10, 1991 You provided me with a copy of a proposed letter from the Kenai Harbor Commission to local fisherman regarding the first annual "blessing of the fleet." A copy of the proposed letter is attached to this memorandum. The proposal would have local fishing boats parade by the Kenai dock and receive "God's blessing" from local "pastors." The "pastors" who have agreed to participate in the ceremony are all from Christian denominations. You requested this department review the proposal to determine whether there are constitutional problems with it. The First Amendment of the United States Constitution states in part: "Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof ." That phrase has become known as the Establishment Clause. Article I, Section 4 of the Constitution of Alaska has a similar Establishment Clause. The meaning of such an establishment clause has been determined by the United States Supreme Court in County of Allegheny V. American Civil Liberties Union Greater Pittsburgh Chapter, 109 S. Ct 3086, 106L.Ed.2d 472 (1989) as follows: In the course of adjudicating specific cases, this Court has come to understand the Establishment Clause to mean that government may not promote or affiliate itself with any religious doctrine or organization, may not discriminate among persons on the basis of their religious beliefs and practices, may not delegate a governmental power to a religious institution, and may not involve itself too deeply in such an institution's affairs. (Emphasis added) (Footnotes omitted). Perhaps the best known line of cases dealing with the establishment clause concern nativity scenes. In those cases the courts have strictly limited and often prohibited the municipal nativity scenes as violating the Establishment Clause. See American Civil Liberties Union v. Wilkenson, 895 F.2d 1098 (6th Cir. 1990), American Civil Liberties Union v. City of Birmingham, 791 F.2d 1561 (6th Cir.), cert. denied, 479 U.S. 939, 107 S. Ct. 421, 92 L.Ed.2d 371 (1986). In Grand Rapids School District v. Ball, 105 S.Ct. 3216, 3226, 87 L.Ed.2d 267 (1985), the United States Supreme Court stated: Government promotes religion as effectively when it fosters a close identification of its powers and responsibilities with those of any -or -all religious denominations as when it attempts to inculcate specific religious doctrines. If this identification conveys a message of governmental endorsement or disapproval of religion, a core purpose of the Establishment Clause is violated. (Citations omitted). In my opinion, the courts would hold that the city organized "blessing of the fleet" as described in the proposed letter from the Kenai Harbor Commission would violate the Establishment Clause on the basis that it conveys a message of governmental approval of religion. 9� # 141"1rlI BICENTENNIAL rmle stCify mtbta i,004AS) a:\�1011), CITY OF K / 210 Fidalgo Avenue Kenai, Alaska 99611 TELEPHONE 283-7535 FAX 907-283-3014 TO: Kenai City Council FROM: Loretta Harvey, Administrative Assistant V DATE: April 17, 1991 RE: Petition to Vacate: Tract 1, Jack Webb subdivision Sec. 1, TSN, R11W, S.M., Alaska The Planning and Zoning Commission reviewed the above referenced petition at their last meeting. P & Z thought that a trail easement should possibly be retained, but the motion failed to pass by majority vote. P & Z sent a memo to the Parks and Recreation Commission asking them to review this petition and make a recommendation to Council. The Parks and Recreation Commission meeting was cancelled due to the lack of a quorum, so neither Commission has a recommendation to Council on the Petition to Vacate. y r� ENA1 PENINSULA BOROUGH 144 N. BINKLEY • SOLDOTNA. ALASKA 99669 PHONE (907) 262-4441 DON GILMAN MAYOR April 4, 1991 4• • . V PLANNING DEFT. City of Kenai 210 Fidalgo Street Kenai, Alaska 99611 RE: Petition to Vacate; Tract 1, Jack Webb Subdivision Sec. 1, T5N, R11W, S.M., Alaska In accordance with AS 29.40.140, no vacation of a city street and/or easement may be made without the consent of the city council. This vacation action has been approved the Planning Commission, therefore, it is being sent to the Kenai City Council for their consideration and action. The council has 30 days from April 1, 1991, in which to veto the decision of the Planning Commission. If no veto is received by the Commission within the 30-day period, the decision of the Commission will stand. The vacation request has been approved subject to the conditions set out in the attached minutes. Sincerely, Richard P. Troeger (j Planning Director RPT/nj enc. PETITION TO VACATE COMMENT SHEET SUBDIVISION Tract 1, Jack Webb Subdivision Sec. 1, T5N, R11W, S.M. Alaska ADMINISTRATIVE COMMENTS CITY ENGINEER 7"Ae easrnehf �tivrt/�s G-7LY au)v10d L&"Wf -o 7Ae 1WV I/ �4we✓ej, i -10 BUILDING INSPECTOR Y�n� PLANNING COMMISSION JhP �oi�t aL /ey�c/ !'l<lIT izi QCCtsi' 11&re l!thAf apdoerrs AGENDA ITEM-E. PUBLIC HEARINGS 1. Petition to vacate the roadway and utility easement, not to exceed fifty Peet in width, located within north fifty feet of Tract 1, Jack Webb Subdivision. Easement was reserved by U.S. Patent 1223477. Being within Section 1, Township 5 North, Range 11 West, Seward Meridian, City of Kenai, Alaska. It is not the intent of this petition action to vacate any part of the easement, right-of-way dedication, or utility easement along western boundary of Tract 1. Staff report as read by Dick Troeger: PC Meeting 4-01-91 Petitioner(s): Jerry Huf, Evelyn Huf and Emil Dolchok of Kenai, Alaska. Purpose as stated in petition: The easement along west has been dedicated to public. The easement along the north side is not needed for providing access to other properties. r Public Notice appeared in the March 19 and 25, 1991, issues of the Raj Peninsula clarion. Twenty-four certified mailings were sent to owners of property within 300 feet; and to other interested parties. Twenty of the ky receipts have been returned. w.� Statement of non -objection from Telephone Utilities of the t=� Northland and from Homer Electric Association. Alaska Department of Fish and Game has no objection to vacating this easement for future utilities, but request that the borough ra provide a trail easement in order to maintain public access to the P west side of Beaver Creek, if there is present, or presumed future use of this access. No statements of objection received at time of this report. 1rj This easement was created with issuance and recordation of a Federal patent to a Government Lot. The original plat of this r section did not treat Beaver Creek as a meaningful public water way 2.4 as it did the slough and Kenai River. It was a standard practice to provide easements along two sides of Government Lots. Findings of Fact }� 1. Per Petition, easement has not been constructed and is not being used for access or utilities. 2. No surrounding properties will be denied access or utilities. 3. Existing access to Beaver Creek • Ames Road along westerly boundary overlies a section line easement which continues on to the creek. • Section line easement common to sections 2 and 11 appears to possibly be in use as access. • Access to parcels easterly of creek would be by dedicated right-of-way and government lot easements. • The City of Kenai is owner of at least three tracts to east of creek and north of area under consideration. • Additionally, Beaver Creek can be accessed from Spur Highway and via section line easement along north of Section 1; (It appears to be currently in use.) Following review, staff has no basis upon which to recommend a denial. Proposed vacation, if approved, will be accomplished by Planning Commission Resolution, plat will not be required. STAFF RECOMMENDATIONS: Adopt Planning Commission Resolution 91-04, KPB PLANNING COMMISSION MEETINC APRIL 1. 1991 thereby approving the vacation the roadway and utility easement as petitioned; subject to the following conditions: 1. The City Council of the City of Kenai, has thirty days in which they may veto Planning Commission approval of the vacation. 2. -Filing of Planning Commission Resolution in appropriate Recording District. IF VACATION IS DENIED, PETITIONER HAS EIGHT CALENDAR DAYS IN WHICH TO APPEAL THE PLANNING COMMISSION DENIAL. WRITTEN APPEAL MUST BE SUBMITTED TO BOROUGH CLERK IF PROPOSED VACATION IS WITHIN BOROUGH; OR TO APPROPRIATE CITY CLERK IF PROPOSED VACATION IS WITHIN CITY LIMITS. END OF STAFF REPORT Vice -Chairman Bryson opened the public hearing for testimony. 1. Mr. Jerry Huf. petitioner: Asked for clarification of Fish and Games request for a trail easement. Mr. Troeger clarified that the Alaska Department of Fish and Game does not object to vacating this easement for utility purposes. They request that the borough provide a trail easement in order to provide public access to the west side of Beaver Creek if there is present, or presumed future use of this access. He stated staff does not see further use of this area for an access easement and does not concur with Fish and Game's recommendation. Seeing and hearing no one else wishing to offer comment, the public hearing was closed and opened for discussion among the commissioners. MOTION: Commissioner Brickey, seconded by Commissioner Horne, moved to Adopt Planning Commission Resolution 91-04, thereby approving the vacation as described above. VOTE: A roll call vote was taken with all commissioners present voting yes. The motion passed. KPB PLANNING COMMISSION MRCTING APRIL 1. 1991 t9HE c9 '91 1S: S.0 FISH ARCH-HABIA r'.c' 0 I I \\ / U M WALTER J. HICKEL, GOVERNOR D EPAARTMENT OFFISH(Uf AUNDJ OA,31E 333AASPSEAAY POAO ANCHORAGE, ALASKA99514,1599 PHONE: (90n 3".0541 March 29, 1991 Ms. Robbie Harris Platting Officer Kenai Peninsula Borough 144 N. Hinkley Street Soidotna, AK 99669 Dear Ms. Harris: KENAIEPENN W(, o� ANNING ^E?1 Re: Vacation of Roadway and Utility Easement - Jack Webb Subdivision The Alaska Department of Fish and Game (ADF&G) has reviewed your request for comments regarding the petition to vacate a utility easement located within Section 1, Township 5 North, Range 11 West, Seward Meridian. The ADF&G has no objection to vacating .this easement for future utilities, but request that the Borough provide a trail easement in order to maintain public access to the west side of Beaver Creek, if there is present or presumed future use of this access. If you have any questions, please contact me at 267-2284. Sincerely, Gayt�l. Muhlber Habitat Biologist Habitat Division cc: C. Frensdorf, KPB D. Nelson, ADF&G J. Westlund, ADF&G R. Willis, ADF&G PENINSULA CLARION KENAI PENINSULA BOROUGH PLANNING COMMISSION NOTICE OF PUBLIC HEARING Public notice is hereby given that a petition has been received to vacate easement reserved for roadway and utilities. Area under consideration is described as follows% A. Location and request: Vacate the roadway and utility easement, not to exceed fifty feet in width, located within north fifty feet of Tract 1, Jack Webb Subdivision. Easement was reserved by U.S. Patent 1223477. Being within Section 1, Township 5 North, Range 11 West, Seward Meridian, City of Kenai, Kenai Recording District, Alaska. It Is not the intent of this petition action to vacate any part of the easement, right-of-way dedication, or utility easement along with western boundary of Tract 1. B. Purpose as stated in petition: The easement along west has been dedicated to public. The easement along the north side is not needed for providing access to other properties. C. Petitionerfsl: Jerry Huf, Evelyn Huf and Emil Dolchok of Kenai, Alaska. Public Hearing will be held by the Kenai Peninsula Borough Planning Commission on Monday, April 1, 1991, at 7:30 p.m., or as soon thereafter as business permits, to be held in the Borough Administration Building, Soldotna, Alaska. Anyone wishing to testify, may come to the above meeting to give testimony; or may submit a written statement to the attention of Richard Troeger or Robbie Harris, Kenai Peninsula Borough Planning Department, 144 N. Binkley Street, Soldotna, Alaska 99669. Written testimony should be received by the Planning Department no later than Wednesday, March 27, 1991. (Telecopier (907) 262-1892) For additional information contact Robbie Harris or Richard Troeger, Resource Planning Department, 262-4441 (1-800-478-4441 toll free within Kenai Peninsula Borough). Robbie Harris Platting Officer PUBLISH 2X (March 18 & 25, 1991) BASIN VIEW Sum UNSUBOMI DEU .0 I I BASIN VIEW ;:�3L�� NO. I LOT 2 / PART S .., .r VACATION pnOPOSED — — 1 660. - ao �T . rrmli l= Ki*,P ' .{ •� d r 4 'g • TRACT I rn o 2.314 ac. - n n 1 p' uuay .ossinam • iu la _ I �1— GQV'T I.L'T S : � ,. TRACT 2 ° S 7+u 0 6 Of °d 2.314 ac. +� a m / az+ Approalmab Llmlls of Inurdollon . so so I 810.70' �. • a0, N09°595D.W 8s0.70 W / I I i I _ r,0V'T LDT i2 W /Alum. Cop W 'N . N0 O O 5 = Alasko Ilt DIAGRAM SHOWING SUBDIVISION OF SW 1/4 OF SECTION I TSNI RItW, S.M.I ALAS 12" Draw Cap Mon. Bos Comm. NO SCALE N 690 59'051w 2e42.59' _ _ 1321.30� T 1321.29 I C 1/4 2" Bross Cap ' I lBSI - s f Ls 5152 1/4" Alum. Cop 91 le N o . �1� arN 1969 m p olo Mot LIN 1983 i I 'ound this survey) a in I N 890 59' 41" Wr L _ 26.a gu1b,7lr i 60.7a 24s — — — c I I °A NB9°i94"N I IW ... , 4114 KYJ T 0 i is V I C I N I I Y M A P SHOWING APPROXIMATE LOCATION OF PROPOSED VACATION FV4 I& PENINSULACLARION KENAI PENINSULA BOROUGH "` 9 PLANNING COMMISSION NOTICE OF PUBLIC HEARING Public notice is hereby given that a petition has been received to vacate easement reserved for roadway and utilities. Area under consideration is described as follows% A. Location and request: Vacate the roadway and utility easement, not to exceed fifty feet In width, located within north fifty feet of Tract 1, Jack Webb Subdivision. Easement was reserved by U.S. Patent 1223477. Being within Section 1, Township 5 North, Range 11 West, Seward Meridian, City of Kenai, Kenai Recording District, Alaska. It is not the intent of this petition action to vacate any part of the easement, right-of-way dedication, or utility easement along with western boundary of Tract 1. B. Purpose as stated in etp ition: The easement along west has been dedicated to public. The easement along the north side is not needed for providing access to other properties. C. PetitlonerN : Jerry Huf, Evelyn Hut and Emil Dolchok of Kenai, Alaska. Public Hearing will be held by the Kenai Peninsula Borough Planning Commission on Monday, April 1, 1991, at 7:30 p.m., or as soon thereafter as business permits, to be held in the Borough Administration Building, Soidotna, Alaska. Anyone wishing to testify, may come to the above meeting to give testimony; or may submit a written statement to the attention of Richard Troeger or Robbie Harris, Kenai Peninsula Borough Planning Department, 144 N. Binkley Street, Soldotna, Alaska 99669. Written testimony should be received by the Planning Department no later than Wednesday, March 27,1991. (Telecopier (907) 262-1892) For additional Information contact Robbie Harris or Richard Troeger, Resource Planning Department, 262-4441 (1-800-478-4441 toll free within Kenai Peninsula Borough). Robbie Harris Platting Officer PUBLISH 2X (March 18 & 25, 1991) it t{�giiitE'11.�. Y46--� 0 March 15, 1991 Robbie Harris Kenai Peninsula Borough Planning Department 144 N. Binkley Street Soldotna, Alaska 99669 RE: Vacation of Roadway and Utility Easement Dear Robbie; Telephone Utilities of Alaska, Inc. Telephone Utilities of the Northland, Inc. 3940 Arctic Blvd. Anchorage, Alaska 99503 Be advised that Telephone Utilities of the Northland, Inc., has reviewed and has no objection the utility easement action as described below: Vacate the roadway and utility easement, not to exceed fifty feet in width, located within north fifty feet of Tract 1, Jack Webb Subdivision. Easement was reserved by U.S. Patent 1223477. Being within Section 1, Township 5 North, Range 11 West, Seward Meridian, City of Kenai, Kenai Recording District, Alaska. It is not the intent of this petition action to vacate any part of the easement, right-of-way dedication, or utility easement along with western boundary of Tract 1. Petitioner(s): Jerry Huf, Evelyn Huf and Emil Dolchok of Kenai, Alaska. Thank you for including our company in your inquiry. Sincerely, TELEPHONE UTILITIES OF THE NORTHLAND, INC. James S. Croney OSP Field Engineer JSC:po NEW rC'r:1{1iii! Telephone 907-562-1231 PETITION TO VACATE Pees - $200 non-refundable fee to help defray costs of adver- tising public hearing. Plat fees are in addition to vacation fee. [-] a public right-of-way dedicated by filed as Plat No. in Subdivision Recording District. [_] Utility easement as granted by Subdivision, filed as Plat No. District. in Recording a�lw� [,*J Easement for public roadnor right-of-way as set out in (specify type of document) Ale 0n'3:,.t In1��y7r7 as recorded in Book Page /4/n of the with petition) Recording District. Copy of recorded document to be submitted [_] Section line easement [_]. Submit three copies of plat or map showing proposed It right-of-way or easement vacation. were granted by document; copy document must be submitted. of Has right-of-way beenfully or partially constructed? [] Yes No Is right -of used by vehicles I or pedestrians? [] Yes No Is Section .line easement being used for access? [] Yes No Is utility easement being used by utility company? If [] Yes No yes, which utility company? Purpose of vacation 7')1/ v~mn.4- ..A..,...+-•. U 1. Petitioner must provide reasonable justification for the vacation. Petition must be signed by owners of majority of the front feet or land fronting part of street; section line easement; or easement proposed to be vacated. Each must include mailing address and legal description of his/her property. Submitted by: Name — U1PY C NuF Address 3Y)3 ear Ale 5961/ Phone _776-7,2//""'_2srz73)S-11W Petitioners: Name:, Address:n� Owner of, ,atk LL� ih .I,.J Tralo property description) Name: _ Address: Name: Address: &U. 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Ise- :c:7nvta •. ie<IepwrJ lab :•Lra' m'g rr!wr .va wDDr.- DOM I= :IOdA " •a•y vcr•. ;• i :wl+tn 7n ;"v f �[ 4 t, Ise• l• ♦ fit jl M g^c: :SuU"1V 'am Ilagl murmad 1,1p m "m ge ry - naaiu MUM 42 _ x -?Shy-)y 1W'P••�p _ .•;Rr Irrui pA1G falPameH psg rICICO •fsasgaay �,j Peratrovich, Nottingham & Drage, Inc.,% Engineering Consultants Tel Telex20 2664436 1506 West 36th Avenue • Suite 101 • Anchorage, Alaska 99503 a 907-561-1011 A APR 1991 N April 15, 199110 �y The Honorable John Williams City of Kenai 210 Fidalgo Avenue Kenai, Alaska 99611 Re: Mile 6.8 Launch Ramp and Mooring Basin Dear Mayor Williams: PN&D 0-158 We are pleased that you found the launch ramp/mooring basin concept worth consideration. Per Dennis Nottingham's request, the following budgets have been developed for your consideration: 1A. Preliminary soils probing* 1B. Test pit (backhoe) IC. Soils, sieve analyses 2. Topographic and hydrographic survey 3. Preliminary plan and refined cost estimate 4A. Contract Documents 4B. Permitting * Mike Tarurianinen subcontract $2,500 2,500 1,000 8,000 PRELIMINARY PLAN BUDGET $26,000 The budget is based upon our previous experience and should be conservative. As always, please let us know if we can be of service. Sincerely, PERATROVICH, NOTTINGHAM DRAGE, INC. William F. Gunderson, III, P.E. Senior Engineer WFG/dt $75,000 Time and Materials BICENTENNIAL jd4e&ta-a)"17 f City wOa "V ,,a'd MEMORANDUM TO: KENAI CITY COUNCIL nn FROM:�ARY R. GRAVES, CITY ATTORNEY DATE: APRIL 9, 1991 CITY OF KENQ -r Ca,pt� 4 4&4,ka l I 210 Fidalgo Avenue Kenai, Alaska 99611 TELEPHONE 283-7535 FAX 907-283-3014 RE: LOT 10, BLOCK 1, ETOLIN SUBDIVISION NO. 3 ROCKWELL G. SMITH D/B/A PREFERRED PLUMBING AND HEATING During the meeting of April 3, 1991, you requested I research whether the Zoning Code allowed for an apartment in the building. The building in question is located in an area zoned light industrial (IL). Under the land use table a single family residence which is a part of the main building is an allowed secondary use in a light industrial zone. See pages 14-66 and 14-69 in the Kenai Municipal Code. If you have any questions regarding this matter please feel free to call or stop by my office at City Hall. INFORMATION LIST April 17, 1991 Kenai City Council Meeting 1. 4/16/91 Borough Assembly Meeting Agenda. 2. 4/8/91 WJB letter to Bill Altland, Kenai Alternative High School regarding waiving of the rental fee for the Kenai Senior Citizens Center for their first graduation ceremony. 3. 4/3/91 Council Meeting "TO DO" List. 4. 4/91, Your Chamber Today, Newsletter of the Greater Soldotna Chamber of Commerce. 5. 4/8/91 WJB memorandum to Council regarding a Telephone Poll requesting approval to issue a purpose order to McDonald Industries, Alaska in the amount of $3,799.28 for parts to repair the 740 Champion Motor Grader. 6. 4/391 Echo Lake Lockers letter to the State of Alaska DEC regarding "Wholesale meat Distribution and Sales on the Kenai Peninsula." 7. 4/91, Chamber Chatter, Newsletter of the Greater Kenai Chamber of Commerce. v Vill i.* 4 4,m J, W, .11 - . 0 - r - - - - "0 iftdNt Vi.,.gma, IV jL Cb;.' sc M zr 4.5 -Ii� C) 6- - p i4j Af -Tq WP "Icr• M'N' U P U4 ro• P..-T CO F CJ j5 .0 U) _H WRf A Irato v Cc > 0 be, J.f i�te i-". A*1 4j S. Ajej, z -2 qj �1 ex e'� Z .1 RIP A-1 is 14 -.4 Oil -b A 0 r V Nd 41 40 ■"m gi— g Svc- 0 .%L I. u Am 41 A. g a.- a 0 cis 19 "22 - A s. "'m .!-, ; 4 , Il -Cos.- 4-A C 12 an -.d L 0 • > A as 3ck A` N■fij r 4 a u OL F" 040, a i . 0 C C 1*1�, V. "t Fr- 101. i0p5el" C- 1, . -. 10Or' C U. D. ch In t NYC & o 00 jogo 11 $.:161' a Cc Oh C65; X A'a, , a 0. 0 a 0 M= wo. w IWO .9C .0 11 1.301 Aff'f - ., �"11 G- : - 63 Al z c0d C. v'..,1v el cti7, 1l;, -,:! ry-.- - I .'.JL r. ww a- c aY 4J�1 k01 .V ,k AM. r�7t7 0U.Sk .-4-'V—Vp G&91 j" L76. , "-1 %AN ., -core aw U j —4(, s 4. — .3. — u 1, 16 1.1 Z GJ 0 a -I. tj A30p C 0 A 0 Z � I., Ll a :. % • So So. 11 IRS. ti E rw 1]". 0 e 106 10,■mc C ci A9 • N. q1V I - n^ 'R itm'- C *42p la !.V- o-xj, 1p.- w rr pt A" .39 7,V 5, Wki. !%R m. — -N i it ®r n-q . J, N 14 W7. N, Ot50 TiNq k; WIT r. .. - ..!% !,�p•'S "M'-- V, FN�A- nV. m00 rle for; fill Vill IN .W PF 001— wuai' r* ki 6 AV 1. W, J �q 74 er 1�1 m JLY A Ir If., WA Nk 3; A f.1 . .,. . . 3.�4-i-t. .-; - . v kjL - a , j - 'Vpey L .; v? IZ , . !., A -,. %J 1A. w 11,41 l-A`�-`-1.'1-.' 'Are 7.9. .-C �0)- VN I C.,•e, v. Ir A M . ve p I re.4 7 r. , —A IT 1.0 '-s- fl%,t'. X'% mbfu V IV w ltz L., a aj C a r S • A 111 0 a. j IJ L;• a r .C c6kp",j-wq-6--q .0 .,.G 0 c *.a C a ri Z A. ' ■AN Ol• on a Ld Lr V. 2 we 211 :c v A A. C 4 U a .0 ELI IN . e 0 1 1 ; -I &' . x 6j b tp—' dj Y, 1, &J• V` 00 P? A 9 C So, 'Ll, cb • ce ■ .111 ow a tp. a aj 'N -1 C•C•• r, u 4 A -- H 0 F- 21 20. Oo 41 Leo 44 10 0. re 12 4, as 14 o a• r 0 a :1 MO C -Z.fl- 40 C us a C A -0:10 a— C 0 le 0 is .1 Cc S. bl- o L: tr ZM • 0 IN C-S, .4,x 0 la N 0 4 A9 0. in ta 41 .4j,go W4 W, e` Z 0 0 0. 0. 14 10, n 1 42" � v j Q4, 0 U I Z .4 V 00 F. 0 8 0 O-EYw w 041 M.ar 'o C', 0 -0 of a u t. Us r C x 0 . ■. 1� a a "m 4.1 0, 00 0 I fj r: t 0 v je. All Ly MIS 6-1, 0. j D, c; r: JA X- BICENTENNIAL Vd,� je "X(-a f-G'lry mA a tutu-e! April 8, 1991 Kenai Alternative High School Kenai Peninsula Borough School District Attn: Bill Altland, Teacher/Director 11247 Frontage Road Kenai, AK 99611 Re: use of senior Citizens Center Dear Mr. Altland: CITY OF KENAI Cam 4 4�z�,, 210 Fidalgo Avenue Kenai, Alaska 99611 TELEPHONE 283-7535 FAX 907-283-3014 I am in receipt of your letter requesting to use the Kenai Senior Citizens Center for the location of your first graduation ceremony. The City has never permitted the Senior Center to be used without charging rent. In order to be consistent with our policy and not criticized for letting some use the facility free, it is our intent to not change the policy. An alternative location for the ceremony is the Kenai City Council Chambers which could be made available for graduation exercises. Sincerely, i Wm. . Briton City Manager WJB/kh cc: Kenai City Council 99; TO DO LIST KENAI CITY COUNCIL MEETING APRIL 3r 1991 KK - Send a copy of the Boat ramp application to Nottingham, Peratrovich & Drage. Call the State regarding the water on Redoubt Avenue (by dump). JJW/KO - Find replacement for Parks & Recreation Commissioner. KO - Supply Councilwoman Swarner with a picture of the exercise bike you are ordering (commercial type). CRG - Check zoning question regarding plumbing and heating plan/Etolin Subdivision. Check whether donations can be made to a church if the donations are earmarked for specific use and are used for that specific use. CLF - Advertise Work Session scheduled for April 15, 1991 at 7:00 p.m. in the Council Chambers. BB - Review the budget regarding road maintenance. JJW - Send letter of support regarding oil spill responder immunity bill. YOUR CHAMBER TODAY `'yo"Y Newsletter of The Greater Soldotna Chamber of Commerce ................ Volume 4 Issue 4............ April 1991 New Members TCC Cabinets Jason Hanley & Mark Yahmay 262-1377 The following new members were inadvertantly left out of previous publications: Prime Cable of Alaska 262-3267 Paul Zimmerman (Individual) Correction: Connor House B&B 283-6242 Special Appreciation to all renewing members for continued investment in your commerce future. GEARING UP FOR THE 1991 SUMMER VISITOR SEASON Yes, it is that time of year again .... We are beginning to assemble our annual inventory of brochures and informational materials on Peninsula communities and events as well as stocking ample supply of member's brochures for the influx of visitors to our Visitor Information Center. Our VIC supervisor, Betty Obendorf, is back on staff and busy planning for paid and volunteer staff orientation week and making the numerous calls and trips to gather current information for the upcoming season. The Chamber is not the only organization preparing for our tourists; the Kenai Peninsula Economic Development District, under contract with the Borough for a Regional Marketing Program to promote year-round tourism to the area, is planning to attend several trade shows in the next two months to showcase the Peninsula and all we have to offer. The first of these tradeshows will be the Great Alaskan Sportsman Show, April 4 through 7 at the Sullivan Arena in Anchorage; followed by the Fairbanks Outdoors '91 trade show, April 19 through 21 at the Carlson Center in Fairbanks. The EDD will obtain general community information from area Chambers and Visitor Bureaus, and is looking for volunteers to help man the booths. If you would be available and interested in helping to promote the Peninsula, please call Mike Tagliavento or Sherry Biggs at the EDD office, 283-3335. In addition to these shows, the EDD will also participate in the Alaska Travel Fair II, which combines a trade show and familiarization trip for Japenese, Korean and European tour operators, to take place in May. Continued on page 2 SOLDOTNA CHAMBER BOARD ACTIONS Set the Annual Clean Up Days project for May 6 - 11 Approved holding the Miss Alaska Legislative Reception at the Visitor Center on June 15 Approved Kenai Peninsula Caucus Resolution No. 91-4 and No. 91-5 Continued from page 1 Other items of interest to those in the tourism industry include a workshop to highlight the idea of a Kenai Peninsula Tourism Marketing Council which will be held on April 11 from 11:30 a.m. to 1:30 p.m. at Mr. D's in Kenai, sponsored by the EDD; and the Alaska Visitors Association 1991 Alaska Tourism Seminar Series - Small Business Seminar "Tapping the Visitor Dollar", Marketing Seminar A "Profile and Analysis of the Alaska Visitor", and Marketing Seminar B "Successful Strategies for Tourism Marketing". The AVA Seminar Series will be held throughout the state during the months of April and May. Information and registration forms are available at our Chamber office. MEMBER ANNOUNCEMENTS What is happening at the Peninsula Center Mall: Each Saturday through April 15th the IRS is available to assist taxpayers.... April 6 - Little League Sign -Up .... April 9th - March of Dimes "Jail and Bail"....April 13th and 14th - KAYEC Children's Day, featuring safety and educational activities.... April 20th - Earth Day Displays; Beach Party with KZXX and the Kickoff Mall Monthly Shopping Sprees.... April 27th - ABATE Bike Show. Come see what is new - Windwalkers Trading Post is expanding, just in time for our tourist season. See you at the Mall! tiff*t..t.t The deadline for submitting entries to the Pratt Museum's 1991 Juried Art Show is April 12 at 5:00 p.m. Interested Kenai Peninsula artists should stop by or call the museum at 235-8635 to obtain a prospectus detailing entry procedures. Jubilee 91 !, the Homer Area Student Art Exhibition, will open April 5 with a reception from 5 to 7 p.m. at the Pratt Museum. The exhibit will remain on display until April 28. The best artwork by students in local schools will be featured. CL� a® >, eV) 1° ® a om �_ °" �x� 02 E 3 rn N� cm aY n.3 do CL s cV In m m m m'0 C >. m t j o CO >. N �_ c •E0 OC m C Y m cm m m U m-v $ S v a mU— id m J N U m 3 5r ❑ a m c m o cn w ro 0in H y L) r m L H N m C m } m Q Cm Y m f09 C W m m m H p Y U O !n m •C Q m a Y a m a 2 ❑ a CM Cis p Cb Q S COm m r n y �o c C ❑ ca C H m U c Y 2 _ Y m >` C C c~ m m Y m O `m a 3 Q LL a` CM m CL �- C > .E N L CO co c v c Yam O m QU fn Z m N C® pa N V 0 P 0 Z y �U E 7 CL C C O pp C L F- M CD t aYr ui m O = C 2 O CD r CO Y r 09 ® N N m m m N N Cm > m m E 2 E� mL 2 m EB _ m Ea � C C O� H c O V c N 3 a p c(D p U p rn m N ca (D mC U 3 m� arno _ m c m0 m m >. U N a�0 C co L)y CD co C N1 Cis N O m 0 >� O r 0 '� Cp o m CMo « m❑ m> o E m T f5 m m = m JFS >. D m❑ fs o m cry ° o J O C CD N c_E J O a m _❑ m J Q y J C m m J C j i6 m y �3 > Q •- O S O eta m F- N Q p� m p m m U o m C LL y rn m o o 0— n{ y N m '7 m s c EUa m� cYN E m m m uyi Q U 0 v p`o c U� N vaQ m° L) 0 m P cm ®D cm cm N cz O O 0 C L1 O - a Q c . N SD N N O .. N m cm T E E E c E � N` N U :3Na U . U m C.)N O. U C O O .`� O 2 N .�.. O C in a C Co a -M m ea y a r m a > cn > cn > cn CO °a ,. � U m AMERUCAN HOME WEEK THE WHITE HOUSE WASHINGTON, D.C. I am delighted to extend warm greetings to everyone joining the National Association of Realtors in its celebration of American Home Week. During this 200th year of our Bill of Rights, we do well to focus on the rights and privileges we enjoy as Americans, including property rights and the privil- ege of home ownership. The right to own property, either alone or in assoication with others, is one of the fundemental building blocks of our society. GEORGE BUSH JOIN US AT THE HOME SHOW ...to celebrate American Home Week. This year's Home Show, sponsored by the Kenai Peninsula Builder's Association, promises to be the biggest and best in recent years. There will be entertainment every hour, displays on the latest in building and energy saving techniques, new ideas in home improvement and decorating and Alaska's first "Habitat For Humanity" project, chaired nationally by Jimmy Carter. There is even going to be a Builder's Olympics featuring games of building skills. All proceeds will go to the Food Bank. Bring in two cans of food or $1.00 to enter and win some great prizes. While you are at the Home Show, stop in at the FREEDOM REALTY booth. We'd all really like to see you and chat about the arrival of spring and all the exciting things happening in real estate. SEE YOU THERE SATURDAY AND SUNDAY APRIL 13TH AND 14TH AT THE CENTRAL PENINSULA SPORTS ARENA ON K-BEACH ROAD IN SOLDOTNA. HAPPY SPRINGTIME FROM Jan Moore, Associate Broker FREEDOM REALTY -NA1 PENINSULA ',TOURISM ' 'MAkKFTING COU NCIL OURPURPOSE: TO PROMOTE THE KENAI PENINSULA AS A "PREFERRED" TRAVEL DESTINATION %YOU.`�BENE HOW ---FIT 'P T 74 J 01 A - We need yogm, Y 'h "to'K'eep�o"-'u'rsihaiibfthiAlask,4viiiio�' k" et ur th�mbers ip mar ;r Ilk oil `� 61 TRAVEL o Ow§ & As a representative o our members'interests,KPTMC attends Several A3 N each ITINERARY PL�"i G important industry trade shows and meetings h year AA e t G q 7 14,,Z�64 4,wr REcioNAL AlAnh =.ING Only KPTMC members participate in our markCLIng arm which promotes the entire region to visitors in prequalified markeis. LAN EACH This P & RES brings visitors. to your community, to your business and to you. A aid ft ;4. Ourofficc generates news releases about the Kenai Pcninsula, and%k orl :s F. KPTMC PUBLIC to place these news stories in various publications around the country: d' "RELATIONS` We strive to showcase member businesses and coinm unities. A W _k INDUSTRY & GOVT MC monitors and attempts t6influcri e issues which may have KPT C RELATIONS regional or statewide impact on the Visitor industry. %j U Xvi. 011VI IN UP VV T 11,"HiL X ]AN WILL REWARD �� �o Dill L OA3, ov, ER 1.artsm on the Kenai Peninsula! 4 41;w KSRM 1991 SECRETARY OF THE YEAR CONTEST ENTRY National Secretaries Week is April 22 - 269 1991 Grand Prize: (1) One dozen beautiful Red Roses/Vase (2) Dinner for Two ($50. value) (3) Additional $50. Gift Certificates In addition, a Soldotna and a Kenai winner will be chosen each day Monday thru Friday as our KSRM Secretary of the Day. Each wi!1 receive a beautiful bouquet of flowers ($15. value) and Lunch for Two ($15. value) To Enter: Just tell us in 100 words or less why your favorite secretary should be our KSRM Secretary of the Year: Deadline: Must be at KSRM Studios by 12N - April 24, 1991 Mail to: KSRM - HC2 Box 852 - Soldotna, AK 99669 or FAX 283-9177 Largest Trade Show on the Kenai Peninsula 6TH ANNUAL aiL ein I su eati*on".- or Reer.. �r nd Trade; a. Cenral Peninsula Sports Center - Soldotna i , ¢4i FRIDAY r4 9 p.m. v. s: APRIL 19-20-21� SATURDAY 10 a.m. - s P.M. 4 r UNDAY ..` 11 a.m. — 4 p.m.`., Boats ATV s Motor Homes H MORE r Cook Inlet Professional Sports Fishing Association ALASKA DEPARTMENT OF FISH AND GAME SEMINARS: MAKING FISH SAUSAGE TROUT UNLIMITED RAZOR CLAMS and more -TROUT POND FOR KIDS c�a Alaska's Long Distance Choice KENAI PENINSULA ARCHERS $2.00 Admission 8 and under free t' PENINSULA ADVERTISING aonsored by ENNT'S TRAVEL AGENCY. • for more information • SOME COMPLIMENTARY FEEDBACK Thank you very much for selecting me as the "Outstanding Stuoer.; of the Year", and I can guarantee that my inner -drive or motivation for excellence will continue to be strong not only throughout college, but also throughout the rest of my life. I know that I'm going to miss this town so much when I'm at college, and know that I'll tell all my peers about how wonderful and unique Soldotna is. I'm so glad, however, that I'll be able to come back during summer and Christmas break. Again, Thank you very much! Sincerely, Jerry Chi Jei Hu On behalf of the sponsors and co-sponsors of the "Caring For The Kenai" environmental awareness contest I would like to express our appreciation J for having us be a part of your program. We are encouraged by the support and input we have received since we met with you and are anticipating a good response to the contest. We have received many comments and suggestions for establishing the competition as an annual event. We would appreciate any input you or your members would have along these lines and look forward to staying in touch with you. Sincerely, Merrill Sikorski, Contest Coordinator CALL FOR SLIDES The Chamber is in the process of developing a new community brochure on our area. We are in need of new photographic material for inclusion, particularly pictures that could be utilized for the cover shot of the brochure. We would appreciate hearing from anyone having crisp, high contrast slides of the area, who would be willing to provide use to the Chamber for this project. PUBLIC MEETING ON SIGN PERMIT FEES The City of Soldotna Planning and Zoning Department will hold a Public Hearing on Wednesday, April 10 beginning at 5:00 p.m. to take input and comments regarding commercial sign permit fees. The meeting will be held at Soldotna City Hall. Interested parties are encouraged to attend. CHAMBER LUNCHEON CALENDAR Tuesday @ Noon, Mykel's Restaurant/Soldotna Inn April 2- John Westlund, Dept. F&G Wildlife Conservation Division April 9- Presentation by the Division of Parks & Outdoor Recreation April 16- TBA April 23- Spring Clean-up Days Program April 30- Presentation by the Alaska Visitors Association GREATER SOLDOTNA CHAMBER OF COMMERCE PO BOX 236 Soldotna, AK 99669 City of Kenai Mayor John Williams 210 Fidalgo Kenai AK99611 BOARD OF DIRECTORS BULK RATE U.S. Postage PAID Permit No 5 Soldotna, AK President Roy Barton......................... 262-5527 Vice President John Torgerson............... ."' ........................................... Electrotek (Radio Shack)....... 262-6192 Secreta !Treasurer ry Mavis Blazy......................... Laurawood Arms.................. 262-4591 Past President Ginger Steffy ....................... Kenai Peninsula College....... 262-5801 Joyce Bocksnick.................. Insurance Connection.......... 262-2515 Pete Cannava...................... Peninsula Eye Clinic............. 262-4462 Kurt Eriksson...................... National Bank of Alaska......... 262-4435 Betty Harris ......................... J &B Stor'N Lok................... 262-4771 Sam McLane ........................ McLane & Associates........... 283-4218 Jan Moore ........................... Freedom Realty.................... 262-1770 John Vaughan ..................... Homer Electric Assoc............ 283-5831 Paul Zimmerman ................... ........................................... 262-7223 Executive Director Cathy M. Clark ...................... Soldotna Chamber............... 262-9814 Office Assistant Geneva J. Marinkovski Bookkeeper Loretta Lunn g N I r 9� 9�AS�P a� I AW i V1I BICENTENNIAL A&ye w a�ist-G'tfy a Y@�;i / TO: CITY COUNCIL FROM: BILL BRIGHTON, CITY MANAGER DATE: April 8, 1991 SUBJECT: TELEPHONE POLL CITY OF KENAI Capes 4 4Z", e/ 210 Fidalgo Avenue Kenai, Alaska 99611 TELEPHONE 283-7535 FAX 907-293-3014 The Kenai Public Works Department requests Council approval to issue a Purchase Order to MC DONALD INDUSTRIES, ALASKA for the total amount of $3799.28 for parts to repair the 740 Champion Motor Grader. The steering cylinders are broke, leaving the grader with no steering. Authorized By: Wi i m J. ighton City-Manageil Funds are availa le in account no. 001.32.2023 Sandy Parnel Acting Finance Director Attest: Carol Freas, City Clerk Mayor John Williams Ray Measles Kevin Walker Hal Smalley Linda Swarner Art McComsey Chris Monfor Yes No Li d G t --71 cd±- " —k— PURCHASE ORDER CITY OF KENAI RITE - VENDOR 210 FIDALGO ST. PHONE 283.7538 GOLDENROD - ACCOUNTING NARY - ACCOUNTING KENAI, ALASKA 99611 BLUE - SHIPPING & RECEIVING BEEN - APPROVED COPY PINK -REQUISITIONER VENDOR NO. 3717 F MC DONALD IAIDUSTRIES Aimm, INC. TO SHIP VIA: BY THIS PURCHASE ORDER NUMBER MUST APPEAR ON ALL PACKAGES AND PAPERS RELATING TO THIS PUR CHASE. No. Dote4-8-91 DELIVERY DATE PREPAY SHIPPING - CHARGE F-O.& PEROUOTATON PURCHASES AUTHORIZED ONLY WHEN SIGNED ABOVE BY SEPARATE ON INVOICE THE FINANCE DIRECTOR OR HIS AUTHORIZED AGENT ITEM NO. DESCRIPTION OR ARTICLE QUANTITY ORDERED UNIT UNIT PRICE AMOUNT AP-31 740 CHAMPION MI=R GRADER 17030 R.H. Steering cyl 1 @ $683.93 17031 L.H. Steering cyl 1 @ 683.92 13JO816 Spring pin 2 @ $ 1.91 3.82 37C-12 Lock nut 1 @ 1.82 12A-223 O Ring 8 @ .45 3.60 12903 Retainer 6 @ 8.10 48.60 _ 12904 Adj pin 4 @ 36.31 145.24 31D-20 Lock nut 4 @ 7.47 29.88 12906 Radius arm 2 @ 243.55 487.10 24798 R.H. Yoke 1 @ 380.94 12911 Pivot pin 2 @ 36.52 73.04 31D-28 Jam nut 1 @ 16.90 15358 Expansion plug 6 @ 3.05 18.30 19C-137 Snap ring 6 @ .26 1.56 19B-218 Snap ring 6 @ .78 4.68 17648 Retainer 2 @ 5.17 10.34 14D-20 Washer, special 1 @ 1.24 19150 L.H. Yoke 1 @ 398.07 19151 Drag link 1 @ 214.82 - 19629 Plain brg 35m 8 @ 10.66 99.80 - CONTINUED PG 1 of 2 TOTAL 001.32-2023 DEPARTMENT briVY BYt:Z-1 DEPARTMENT HeAD PURCHASE ORDER CITY OF KENAI HLDENROD -ACCOUNTING IDE - VENDOR 210 FIDALGO ST. PHONE 283-7538 WY - ACCOUNTING KENAI, ALASKA 99611 b,.1E - SHIPPING & RECEIVING BEEN - APPROVED COPY PINK - REQUISITIONER VENDOR NO. 13 [`7 -7-7 F_ MC DONALD INDUSTRIES ALASKA, INC. TO L SHIP VIA: I 0 s H I P T THIS PURCHASE ORDER NUMBER MUST APPEAR ON ALL PACKAGES AND PAPERS RELATING TO THIS PUR- CHASE. No. Date 4-8-91 PURCHASES AUTHORIZED ONLY WHEN SIGNED ABOVE BY THE FINA BY FINANCE DIRECTOR 1 _. DELIVERY DATE PREPAY SHIPPING - CHARGE F.O.B. PEROUOTATION ACCOUNT NUMBER AMOUNT 001.32-2023 $3,799 28 DEPARTMENT SHOP DEPARTMENT HEAD ECHO LAME LOCKERS Post Office Box 346 Soldotna, Alaska 99669 907• 262.4155 April 3, 1991 State of Alaska Department of Environmental Conservation Division of Environmental Health Alaska Meat and Poultry Inspection_ 500 South Alaska Street, Suite A Palmer, Alaska 99645 Subject: Wholesale Meat Distribution and Sales on the Kenai Peninsula The State of Alaska, Department of Environmental Conservation, has a (HRI Limit) which totals approximately $75,000 for both beef and pork sales. The HRI Limit is for retail stores not to exceed during their year of sales to restaurants and businesses who are tax exempt. They buy wholesale and sell to the general public and charge a 2% to 3010 sales tax depending upon their location of business. Echo Lake Locker has been certified by the State of Alaska and doing business on the Kenai Peninsula for 15 years. We are located on Echo Lake Road, Lakeside Drive, Soldotna, Alaska. Our company's wholesale number is EST #10, issued to our business by the State of Alaska, DEC, Meat and Poultry (Animal Health). My complaint is that for many years I have been asking the State of Alaska to intervene on the retail stores that are selling over the HRI Limit. The lack of action taken by the State of Alaska in not enforcing the HRI Limit has drastically reduced our wholesale dollar value and has put mental and financial stress on myself and my company's employees. The following individuals have known of this problem for quite some time: Senator Paul Fischer, Doug Donegan (EH Director), Bert Gore (S&AHA), Stan Muchruwicz (S&AH), Cherie Nelligan (Compliance Officer) and Jerry Farington (AHS-Seafood Inspector). To my knowledge, the only wholesale business on the Kenai Peninsula that has been State approved and inspected to go over the HRI Limit is Echo Lake Lockers. The following retail businesses that are in question and might be in violation include B&B Foodland (Cash & Carry), Soldotna Country Foods, Kenai Mega Foods, Big Country Foods (Kenai and Anchorage), Pudge's Meats in Homer and Proctors, also in Homer --to name just a few. The law states that any time the appearance of meat and poultry is changed by manipulation such as grinding, cutting, mixing, curing, cooking, or the mixing of sausage, chicken, and poultry products, or breaking case lots for sales, one must qualify for a State of Alaska EST number, which in turn gives the opportunity to conduct business with restaurants and firms that have a business license along with a tax exempt number. In turn, a wholesale meat and poultry operation Page 1 of 2 State of Alaska, DEC April 3, 1991 must also have an EST number, as well as a wholesale business license and a tax exempt number, in order to go over the State's HRI Limits. When our Company sells products to the wholesale media, we are not required to charge a 2% or 5% sales tax to the buyer because they have a proper tax exemption number and the sales tax is charged to the consumers when the products are consumed. The retail store rings up the sales and each individual must carry the burden of the sales tax, which in turn reflects on how well the cities and the boroughs on the Peninsula maintain adequate support from retail sales. Considering the fact that illegal retail meat markets reach their HRI Limit of $75,000 without the proper enforcement of regulations, the cities and the boroughs can expect to lose large amounts of revenues due to violations of this nature. To my knowledge, violations such as this have been occurring for several years. In conclusion, why should our company, which is continually striving to maintain our establishment number every year in order to sell in the wholesale media, have to tolerate this type of discrimination? Sincer ly, obert O. Biastoch Owner cc: John Sandor, DEC Commissioner Mea D. Treadwell, DEC Deputy Commissioner Senator Paul Fischer Doug Donegan (EH Director) Bert Gore (S&AHS) Stan Muchruwicz (S&AH) Cherie Nelligan (Compliance) Jerry Farington (AHS-Seafood) Bob Pratt (Public Facility Inspector) Les Bucholtz (Soldotna DEC) Don Gilman (Kenai Peninsula Borough Mayor) John Williams (Kenai City Mayor) Page 2 of 2 Greater Kenai Chamber of Commerce �^ tir� � V... �.�. i ^t . _-'� -✓ iJL lid �: it > h M �� .! �,y� vim' �,.1'�,' �ti , .3 YJ 5." i .3J t -11 li.. �Y j1 a l 1 r'�T i S L t� ,e�y y F �..'tt}. }} r,'r y A. M '}r`7 `s...d �Y. •�C.l+Sn .4.?{).:�.1j '.-f T,f .��.�re-�irM a -. S,H-... "S-4.i:. Cws' % f . '• •\ y".Y,"='i� a� tied. 'i;i-`-'ct CHAMBER MEETINGS SCHEDULED FOR '. JANUARY, 1991 ` KING OSCAR/NOON Y491 -fir r "United Cook Inlet ` Drift Association ." ti �NeilJohanssen a� s State Parks F f t� , , C biator Gabrys Y ; National Guard •�.4y 3 '�' '�. F�4 �wi 4/24/91sr;:.,�M *Paul Johnson =AI; International Y •d �� t ,Business v .Note Programs may.2 change�due,to <�''� r r, ='circumstances, .. ^beyond the Chambers control Office: 4 Kenai, Asaonv oov r r (90 7) 283- 7989 BIC f ITEN)VIAL NAAWUERA L A)VB 6V.!5TUNE BALL DATE APRIL 13, 1991 PLACE : NATIONAL GUARD ARMORY, KENAI. TIME 8.PM. COST $25.00 PER PERSON. COSTUME RENTAL- $15.00 FROM THE McMASTER DANCE STUDIO CALL 283-7823 FOR AN APPOINTMENT. COME TO KENAI'S FINEST FUNCTION. RENT, MAKE, BORROW A COSTUME OR COME AS YOU ARE. THE EVENING WILL BE FILLED WITH ENTERTAINMENT, FUN PRIZES, EXCELLENT HORS D'OEUVRES. MASKS WILL BE AVAILABLE. MONTE CARLO TABLES WILL BE OPERAT] THROUGHOUT THE EVENING. COME JOIN IN THE FUN. AN EVENING NUT TU bE MISSED. ..TICKETS ARE AVAILABLE AT THE CHAMBER OFFICE. CALL 283-7989. famnius cases f rom the f aes of t g CASE NO. 9 "I'm just a little fellow" The best way to get your business larger is to properly support the Chamber of Commerce ... more industries, more residents, more tourists, more people shopping in our area will mean more business for you. The Chamber is working to promote all of these things (in addition, it affords valuable contacts with your fellow citizens and business people). xF-NA'L CILAITBF-R. Off' COnnF-RUF- It .Y `.:/ y///per �11y��!/�p}pM//�gp�/nppo�,nyw(� / YffO 17 JK(MVf►'lfA!!1{py New members are the lifeblood of our, `organisation. There is strength in numbers, and that strength allows us Ito accomplish a>a collectively' what none r, could do" individually. New members ensure our' -- -.,.continuing .vitality. We ,--hope all current members will go" out of their way to stop and welcome ,;,these new businesses"'is Vim. eftzs! Tourism Workshop Mr.D s y pril 13 y'Y Bicentennial: Masquerade Ball - `ig' '^ '"r- Kenai Armory • ' A ril 12 14 p ' HoLyme Builders At - April 19 21 Sportsmans Show «� Soldotn a -:- ,. t � i •k-ifs .f April22-26 National Secretary's Week. RIMM & g SOCIATES 62-1021 t to A-1 Video ai Spur Hwy. OLDOTNA BEST BET FOR TY PRINTING... Free Estimates!!! iV"'BERSH.1P.DR.I VE This annual event was held on 13th of March. A very successful and productive day. As usual, the rules were broken and much cheating was in evidence. One participant ensured he was on the winning side by working for both teams. The day began with the traditional kickoff breakfast and the KCHS wrestling team cheerleaders exhorted everyone to do their best and "get new members". The team captains were Val Edmundson and Jeff Belluomini, two bank managers vying for first place. Both teams worked hard soliciting new memberships all day, and were ready for the final celebration dinner -this year a barbecue at Mr. Ron Raineys' house -where the winning team was determined. This year Jeffs' team claimed victory, although this was seen as dubious by the other team. Many thanks to all those who participated in this fun filled day. Most of all, a big "THANK YOU" to all members who renewed, and welcome to the new businesses that joined realising what a good investment the Chamber will be for their future. New members are: Silver Fox Charters Alaska March of Dimes Brett Allard Kenai Spot Shop Creative Builders Captain Bligh's Jims Sport Cards Colleen Ward Payless Auto Rentals Polar Screens Gary Kings Charles Essex, M.D. Peninsula Accounting Mizera's Steamway Budget Auto Rentals Kenai Dental Clinic Bags and Bales ReMax Realty Pressure Systems, Inc. National Oilwell Big Johns Classical Creations Zapata Gulf Marine Merril Sikorski Buyers Guide Orlando Mena Peninsula Moving Peninsula Commercial Svc. Burnett & Meyer Protech Auto Body Leanne Hedden l April 1991 _j j Sunday Monday Tuesday Wednesday Thursday Friday Saturday CHAMBER MTG. CHAMBER BOARD Kenai Chamber of Commerce King Oscar's MTG, 402 Overland 12 Noon King Oscar's 12 noon Kenai, Alaska 99611 Dave Horn (907) 283-7989 United Cook Inlet Drift Assn. Sportsman Show Sportsman Show: Anchorage Anchorage 1 2 3 Sportsman Show 4 5 6 Anchorage CHAMBER MTG. CHAMBER BOARD KENAI CHAMBER : King Oscars MTG, GRAND KICK OFF 12 Noon King Oscar's BICENTENIAL 12 noon MASQUERADE Neil Johannsen BALL State Parks Kenai Tourism Workshop NationaiGuard Mr D'S Kenai Mail Antique Armory Sportsman Show: 11:30-1:30pm Show Anchorage 7 8 9 10 11 Kenai Builders 12 Home Builders 13 Home Show Show 1 CHAMBER MTG. CHAMBER BOARD 4 -H BICENTENIAL i KING OSCAR'S MTG. PUBLIC ` 12:Noon King Oscars PRESENTATION 12noon DAY 5th ANNUAL INT'L iHome Builders MAJOR: KENAI KARATE ASSOC. 'Show Bruce Gabrys SPORTSMAN ALL JAPANESE National Guard SHOW INVITATIONAL. 14 15 15 17 18 19 21 19 20 i CHAMBER MTG. CHAMBER BOARD SNOW GOOSE ' King Oscars MTG. CHAPTER 12:00 Noon King Oscar's DUCKS UNLIMITED 12 Noon ANNUAL FUNDRAISER KENAI NATIONAL Paul Johnson SPORTSMAN SECRETARY'S Alaska SHOW WEEK 22-26 International SOLDOTNA 21 22 23 Business 24 25 26 27 19-22 4�� 28 KSRM 1991 SECRETARY OF THE YEAR CONTEST ENTRY National Secretaries Week is April 22 - 261, 1991 Grand Prize: (1) One dozen beautiful Red Roses/Vase (2) Dinner for Two ($50. value) (3) Additional $50. Gift Certificates In addition, a Kenai and a Soldotna winner will be chosen each day Monday thru Friday as our KSRM Secretary of the Day. Each will receive a beautiful bouquet of flowers ($15. value) and Lunch for Two ($15. value) To Enter: Just tell us in 100 words or less why your favorite secretary should be our KSRM Secretary of the Year: Deadline: Must be at KSRM Studios by 12N - April 24, 1991 Mail to: KSRM - HC2 Box 852 - Soldotna. AK 99669 or FAX 283-9177 , KENAI ]PENINSULA TOURISM MARKETING COUNCIL OUR PURPOSE: TO PROMOTE THE KENAI PENINSULA AS A "PREFERRED" TRAVEL DESTINATION HOW YOU BENEFIT FROM BEING A KPTMC MEMBER, We need your membership to keep our share of the Alaska visitor market TRAVEL SHOWS As a representative of our members' interests, KPTMC attends several ITINERARY PLAN - ING important industry trade shows and meetings each year. REGIONAL nvfd,- TING Only KPTMC members participate in our marketing arm which PLAN & RESEACII promotes the entire region to visitors in prequalified markets. This brings visitors to your community, to your business and to you. KPTMC PUBLIC Our office generates news releases about the Kenai Peninsula,and works to place these news stories in various publications around the county, RELATIONS We strive to showcase member businesses and communities. INDUSTRY & GOV'T KPTMC monitors and attempts to influence issues which may have RELATIONS regional or statewide impact on the visitor industry. NOBS For Kenai Peninsula residents. ]PRO-�-O`1CtING TOURISM NOW Wi ..Y-J REWARD �� Q ....� LATER, ��� ' N OV- A ,irisrn on the Kenai Peninsula! Largest Trade Show on the KeYial Peninsula 6T11 ANNUAL e a3L-, eni suict S ,,.,,p®rts ecreation, !Y •_ h and.:`T,r' ade!',-Show Central Peninsula S ports Center = Soldotna +zr�°' FRIDAYr 4 -.9 m< _ s. v ;w R p e t j; ;APRIL `19-20-21 �, �'. ��ti�: ^ DAY 10 a.m. P.M. `SATUR g � . SUNDAY 11 M1 tr a.m. 4 p.m. Boats ATV' s • ;Motor Homes ®� ;,, MUCHMORE �- ju riOVIES: BEARS OF THE ICE on _the hour . r THE WOLF AND THE WHITETAIL., on the half hour " Cook Inlet Professional Sports Fishing Association ALASKA DEPARTMENT OF FISH AND GAME " SEMINARS: MAKING FISH SAUSAGE +TROUT UNLIMITED RAZOR CLAMS and more Ri TROUT POND FOR KIDS 4 Alaska's Long Distance Choice CHERY AR TOURNA Z 0 d4 "a" Ac") H P R I Z"IE KENAI PENINSULA ARCHERS $2.00 Admission 8 and under free N+ O ,ponso I by �s v�a`EK� -,..:- PENINSULA ADVERTISING ` F % „ for .- �O hOa 1' Your Promotional and Adrertisinz Specialties r • IRA/SEP • MARINE Doug Brown AGENCY Dawn Brown ,ONCE AGAIN IT IS TIME FOR THE ANNUAL ` HAZARDOUS WASTE COLLECTION 4 i PROGRAAM.- •- ;6 _4 A Do you have Hazardous Wastes?,? POfsons Rmniture sbipApOer, qV. Q R y!�, 1" Old Modkafion Antifreeze Itss Disinfectants ...Add ' 66AAants VCleaners Herbicides � PCBs -, V 1flIyf -Z 11 A A-'N Waste Op t 1 .1, Pesilddes 4. -Gas PainfRoducts Chem .Transmission Fluid Wood Preserve 8 W Wax PrindnglPhotog k Chemicals 6 i LV__1 ............. OV! wfflF o u have chemicals ''aiy66 . i home , or small business WW;..' . at- ou'11 6 ohage&%an.7'need? :' ena!4 Peninsula Borough wants' llo''help. -�.Thei... Boroughki 'with -Di tment of Z . - f , . . . . T11- or ng:: :t6il', . par n vi onmental Conservation to give` '"'h' r n"(DEC) during the month of a house o"Idi 'ihil •businesses an opportunity to dispose of hazardous wastes: and chemicals. 4'. M .17. WHO IS ELIGIBLE TO PARTICIPATE "" HOW TO PARTICIPATE W A�'220-pound waste limit Is In effect for all P� Bring your wastes to the collection center n households and buelnessei' 'A 1/2 full 55 YUUF area on the scheduled, days..,. of.;"- A.....gallon drum Is approximately 220 pounds. if operations."' Do'"'not mix. them together or : you operate a business and have quantities of - "Y"', , remove labels. iry-Transport An closed pirt U 11 and containers'. sed"'o'' I hazardous waste exceeding 220 pounds, ,batteries arei,,:. .41i, VIA. accepted In small quantities year round, and at please call DEC at 262-5210 for further V Information. Due 'to federal regul o charge, during regular'operating hours at'.' atory Zi. eligible to requirements, 'you will not be the Soldotna and Seward. Landfills, Homer..... J, She.-" participate In the cleanup. I- k*&' 'Baling Facility and the Kenai Transfer & ?t gi All."10 ._z � 1 i ' ; ;'•.' L If you come to the collectlon'po'lnt with"' In addition, certain types of wastes cannot be than 220 pounds of waste, your waste will be,•40,"accepted. These Include explosives suchasj eactives such pted f acce ron .�refused. Wastes will not be ting cips and 'un powder, -:-i-publIculliftles. iiwl VY-11 11 .1 X., wastes. as sodium metal or radioactive V-2.00 -j, �1' 0 T' • Y. f..7; CENTRAL PENINSULA HOMER SEWARD KP13 Maintenance Facility Solid Waste City Public Yard East Poppy Lane 0, Baling Facility May 17 - 18 May 2 - 4 May 10 - 11 OPEN EACH DAY 8:00 A.M. TO 5:00 P.M. For more Information, please contact the Solid Waste Division of the Kenai Peninsula Borough Public Works Department at 262-9657. To9R CFAjv sR AT 6®aRr ANJVR NA525" A ILDVIV Your Chamber recently initiated a mass mailing to over 6,000 Chambers of Commerce throughout the United States, encouraging support of Federal Bills promoting the opening of the Arctic National Wildlife Reserve coastal plain to oil exploration. Membership and board members spent several hours on the afternoon of March 22 stuffing envelopes with informational brochures on ANWR, and as an added bonus, information on Kenai as a vacation destination. The Chamber wishes to thank all volunteers, with special thanks to our postmistress Vickie, who provided valuable guidance in directing the mailout. ALASA"A 127URIS.{/ .VAR,CiTIJVL ZWINARS k, The Alaska visitors fiKtfi Association is presenting two seminars April 19 at Kenai ` City Hall. Seminar "A" (8 a.m. to noon) is centered on �-• identifying and understanding unique requirements of the Alaska visitor and how to effectively reach this target market. John Kelsh of The Kelsh Company will be the '> ' seminar leader:_Seminar p.m. to 5 p.m.)�'will discuss successful strategies for -,,e;. = tourism marketing (advertising, public",<=n. relations, direct marketing,'c telemarketing, association memberships, brochure distribution and travel industry sales). Ral T. West` of The Ral West Company will conduct the second seminar. ",:" There will beta '$40 Mtn_ ,registration fee.for each ;individual seminar, or $60 for, - attendance at both seminars.' Through University of Alaska Southeast, one half (0.5) credit may be earned by attending both "A" and "B" segments for a $20 fee. Advanced registration is required. For registration or further information please contact the Economic Development District at 283- 3335. . 7- f{UhVOR 17V THE Humor is no laughing matter, according to a recent article in "Entrepreneurial Woman" magazine. Rather it is a serious management tool for improving communication, boosting creativity and lessening stress in the workplace. Used properly, humor makes a company environment more pleasant and more productive - for employer and employee alike. Until recently, proponents of the use of humor as a management tool in the workplace were dismissed as eccentrics, but today this is no longer a radical idea. Rather, the application of a light touch of humor is accepted as another tool successful managers can use to achieve their business goals. 011 1991 BOARD OF DIRECTORS PRESIDENT ............... BILL COGHILL NICE PRESIDENT.. LINDA CHIVERS ;:Fs PRES ELECET JEF BELLUOMINI 1 , SECRE, TREAS ;: ti W ILLA KONTE 4far, � PAST PRESIDENT. ' LAURA MEASLES `s t7, DIRECTOR VAL EI>MUNDSON,,,' 1 j1;.r�'i=tc DIRECTOR :;4,PEGGY ARNESS:•, .. DIRECTOR .. STEVE WEISE ` r` DIRECTOR '..:.. TOM WAGONER, t DIRECTOR ` : BILL BRIGHTON ,i iM - C3 DIRECTOR . DICK HULTBERG L. ,4 _. ,i t'fT ....,1} aµnis.t3J9k�.�ir.u.a.i-•w4''bµq..�f��=,! Jeff Belluomini on his promotion to VICE PRESIDENT of First National Bank of �, DIRECTOR ;,s, BILL HUGE Anchorage, Kenai branch. ( DIRECTOR '`' f, .BILL NELSON Tom Wagoner on his appointment b the g PP Y STAFF Governor to the POST SECONDARY COMMISSION y =Y=* _. to oversee vocational and post-secondaryx, EXEt DIRECTOR T £LEANORTHOMSONf education in Alaska as well as student P/T ASST RUTH GODFREY ` loan distribution. a"+xs,`s>�; TERRI HOGUE Shirley Wallingford on her appointment asADDRESS, t02OVERLANDM;; Kenai Peninsula representative to the .0 KENAI,ALASYA99611! 14°�rff 77 AMERICAN SOCIETY of TRAVEL AGENTS. �1�+.N.<' t ; PHONE (907) 283 7989� 283 - 7183 w1� Greater Kenai Chamber of Commerce BULK RATE 402 Overland U.S. POSTAGE Kenai, Alaska 99611 PAID h KENAI, AK 99E11 Y 4 Permit No. 12 .y Pre -Sort �. 5= CITY OF KENAI 210 FIDALGO AVE. Greater Kenai KENAI, AK 99611 Cha ber - of Commerce JCNI JY;MI'JA It! CCJpiV,' '(ULU i 4-1 (-y1 i 4-QWM 'IU3'V'L'1U441-� ca�o -� ROBERTSON, 11MONAGLE & EASTAUGN .A. rr%QrO=OU^L c0hre #aw I ll_/N Washington, DC and Virginia Office 2300 Clarendon Boulevard, Suite 1010 Phone (703) 527-4414 Arlington. Virginity *),)?oi Fax (703) 527-0421 Facsimile Cover Shoct From 5 �6 � �8�yr,D Bradley D. Gilman � APR 1991 AttnrneN at l nan o 1! -+V.aa Yr, 1»1 A OD G1Y CL S� �1Y QF KAl2�ti �... JwuA 3"111ams, niarui- L ��I-l£0£62 Company: City of Kenai, Alaska Destination telecopier number: 907-283-3014 Ori6u>wl;..C. tulcVvp1ci uuinDer: ! /U.3l 1)Z'I-04171 Number of pages (including cover sheet): Three Mct.nvr.- sn�.i „ Tf Any problems wero oxpericnccd w1ai ilia uansmission, or to confirm transmission, please call Caroline at Robertson, Monagie & Eastaugh, (703) 527-4414. aV) coy -2U;'4tii 4 nonnnxaorr, 81o1,4AUL.a, of EA:11AUt fti THE ENSER:H CENTER SS^ `._'ir SEVS)aTr 'kVINwi 6UI T E 12C0 ANCNOPAO:, A,A$KA 995o' PHONE (9:7; 277-ten FACBIVILE:i907)2T9•'9S9 •ROSEFT 8 SAKE? LER--Y J BARKER 'L G. BERRY "AR:2 O E 6N3'r�. JP SJBAN V wEST 'J1..1A 8 SOCKMO,N 'JCSEa'N 0 DA4\ELL GRiOL'AY 3 SuLvEY CMAR.ES T. Hu3L.E_ET WASHNOTON, D.C. AND VIRGIIN A OFFICE AP,1\137, :.N COUATHOUIE PLAZA It 77nn CLP ACMOOrI YCULG`/•.n0 OV,�C 1D70 ARLIN370\, V RNNIA 22221 PHONE (703) 622.44.4 R.Ca...,r C. (.00) CQT o.a• "M1CI.ACL T. 7MOVAS 'STEVEN IN SILVER 'CAP W WINNER 'BRADLEY :1, 0 LMAN X-EMdRANDUX A PROFESSIONAL CORFORATICN ATTORNEYS AT LAW April 17, 1991 To: Mayor John Williams From: Brad Gilman Re: Status report JLNtACT OFFICE COURT PLA2A BJIL�1\a, S..IT: e00 2.0 VAI'. S7PE_- o J ?Ox 2421, rv1EA.i ALASKA 99802 PNO\E' ;977) 584.3340 =AC91M LE (907)5be-e3'8 ROYAL ARCH GJNNISON ('e73.1918! R.E. ROBERT50\' (t885-t9e ) M E. MO\AOLE F.O EASTAUQH(RETREDJ ,AYES P CLAPK PAU'_ M NOF=MAN D. ELIZAB!TN CL:ADRA' MARY A. \ORGALE ROBERT P. B.ASCO AOMir=- 'IN WASH NO -ON. 0 C.' ANO ALASO nGMR �... ..drNA, WA5141NOT0N, 0 C. A.N.n. A-.ASKA ALL OTHM A00MO )V ALABKA Earl Comstock and I met with the Defense appropriations staffer, Steve Cortese, to discuss the possibility of funding the training facility through DOD. Cortese believes that we have a much better chance of obtaining some type of agreement from DOD on training services than we do through some form of construction program. He stated that he would need to get additional information from the military branches to develop a budgetary justification for performing the training activities in Alaska instead of other facilities in the Lower 48. I provided him with the attached draft lettAr_ HP will cond aamothing to each of the military branches. Once we have the information, we will be able to move forward in the appropriation process. DRAFT Dear I am currently undertaking an internal review of the safety training needs of the Department of Defense's military and civilian personnel (substitute Coast Guard personnel. for CG letter) in Alaska. ThA trAininr_1 Activitico subject to the iiiyuIry involve overwater transportation survival techniques; aerial marine rescue; survival craft, survival suit, and life raft training; underwater rescue and emergency dive training; fire brigade training; and entry into confined spaces. The following is a list of questions focusing on these training activities, the answers to which would assist me in more fully assessing existing and future training needs for your maoncy l s porconnal in the Alaska aidiid: 1. How many military and civilian personnel based in Alaska currently receive training in each area? 2. Where is this training primarily performed. 3. What are the costs of such training. Please include costs for transportation, housing, and per diem during the training periods. 4. if a training program were made available which wvula De more reaally accessible and leas expensive, would there be a demand for training additional nivilian or military parsonnel lit l.litswu areas? An expeditious response to these questions would be greatly appreciated. With beat winhas, Curd1411yj Ted Stevens ASH LEY REED ASSOCIATES j�'VERNMENT RELATIONS AND PUBLIC AFFAIRS CONSULTANTS April 15, 1991 To: Bill Brighton From: Ashley Reed Re: Budget Report I have attached a budget report that will give you a fairly representative explanation of budget issues being discussed and acted upon in Juneau. Should you have any questions, please do not hesitate to call Attachment :.*MM. 510 L Street -Suite 210 -Anchorage, Alaska 99501 (907) 279.5350 • FAt(907) 25S-3527 CAPITAL INFORMATION GROUP BUDGET REPORT March 30-April 5 OVERVIEW.................................................................................................................. I FY92 BUDGET...........................................................................................................1 Senate and House Budget Plans, Agency Caps Compared.............1 Anchorage Caucus Discusses Capital Budget......................................2 Governor's Capital Budget Amendments.............................................2 SUPPLEMENTALS....................................................................................................3 Governor Vetoes Items in Fast Track Supplemental ......................3 REVENUE....................................................................................................................4 RevenueForecast..........................................................................................4 EXTRAORDINARY REVENUE..............................................................................5 Exxon Valdez Revenue................................................................................5 SPECIALFUNDS........................................................................................................5 Oil and Hazardous Substance Response (470) Fund.......................5 Governor Introduces Debt Fund Legislation.......................................5 Alaska Housing Finance, Industrial Development and ExportCorps...................................................................................................6 Power Development Fund..........................................................................7 Capital Information Group. 1991 CAPITAL INFORMATION GROUP BUDGET REPORT March 30-April 5 Except for the Governor's veto of several small items in the fast track supplemental, most budget activity this week was concentrated in committees, with the Senate Finance Committee holding hearings on agency capital budget requests and closed -door discussions on agency operating budget caps. FT 92 BUDGET Senate and House Budget Plans, Agency Caps Compared On April 2 Senate Finance Co-chair Jay Kerttula circulated to committee members a spreadsheet showing subcommittee budget cap "requests," and a "summary financial plan." (A copy of the full two -page spreadsheet is attached.) Although the figures are still under discussion, they suggest the general shape of the Senate operating budget. According to the Senate spreadsheet, the overall the total is only $20 million less than the House proposal. Because of differences in calculation methods, and the closely held nature of the Senate figures, it has not been possible to independently confirm that comparison. Within the budget, however, there are notable differences in agency funding levels. Compared with the House, Senate budget losers include the Governor's Office, Administration, the Dept. of Education (but not the education formula programs), Health and Social Services, Labor, Commerce, Natural Resources, DCRA formula programs, the Court System, and the Marine Highway Fund. Winners include Law, Revenue, Public Safety, Community and Regional Affairs, and DOT/PF. In other major spending areas, the two houses also seem reasonably close. Sen. Pourchot, speaking at the Egan forum on April 4, said the Senate is planning on about $250 million in capital spending, compared with $200 million expected in the House. Senate spreadsheets show $30.5 million for new legislation, more than double the $12 million Rep. Navarre is said to believe likely on the House side. The House, on the other hand has a higher loans budget, $20.5 million compared with $17.4 million in the Senate. Capital Infomiation Group, 1991 Anchorage Caucus Discusses Capital Budget The Anchorage caucus met on April 4 to discuss the capital budget. The meeting was led by Sen. Pourchot, Co-chair of Sen. Finance. According to Pourchot, the Senate has "penciled in" about $250 million for this session's capital projects, compared with about $200 million being discussed in the House, and over $300 million already proposed by the Governor. Capital budget planning in the House appears further along than in the Senate. He expects $25-$40 million of the legislature's likely $200-$250 million will be available for allocation to House and Senate districts. [This would imply $31,000- $50,000 discretionary capital for each representative, with twice that amount for each senator.] The rest would be for "areawide priorities" as identified in the Finance Committees, and for administration projects. Several members of the caucus suggested the desirability of reducing the district allocations even further, so the non-profit service agencies don't have to "shop around" to find a sponsor, but all recognized the difficulties involved. Rep Kay Brown said it was her hope that the Anchorage caucus, and the Finance Committees, would agree on general criteria against which projects could be judged. She suggested the criteria might include the degree to which the project fulfills a public purpose, whether it contributes to a basic function of government, and whether it has strong public support. Several members mentioned the need to consider projects' importance in relation to life, health and safety concerns. Rep. Ellis suggested the need to consider each project's contribution to economic development. Rep. R. Phillips asked that special consideration be given for projects that were approved last year but vetoed by Gov. Cowper. Sens. Uehling and Strugulewski said they thought the municipality had done a good-'ob of handling its own priority listings. Sen. Uehling in particular thoug that there should be less emphasis on criteria as such. Rep Fin e s ein agreed to compile the suggestions of members on criteria for selecting capital budget projects, and report to the next meeting, scheduled for noon on April 11. Rep. Brown will compile the lists of projects submitted by caucus members. Rep. Parnell advised the caucus that he had invited the oil companies to form SWAT teams to help the legislature screen capital projects, and while they had written him to decline, he still thought it was a good idea. Governor's Capital Budget Amendments In an April 2 letter to the Finance Committees, Shelby Stastny, director of the Office of Management and Budget (OMB), submitted Capital Information Group. 1991 2 proposed amendments to the governor's capital budget bills, SB 140 and SB 133. In SB 140, the administration increased its proposed allocation for the White Mountain airport and Chitina airport improvements by $1 million and $700,000, respectively. In SB 133, the letter proposes to shift part of the funding for pioneer home repairs ($1.7 million) and senior center transportation projects ($146,000) from the general fund to the mental health trust income account. A funding shift in the opposite direction is proposed for Older Alaskans Commission adult day care, with $113,000 originally proposed for the mental health account now to come from the general fund. In the Dept. of Natural Resources $20,000 originally proposed for the Alaska Historical Commission to reprint "Alaska's Heritage" would go directly to DNR instead. Also added for DNR is a request for a $55,000 oil and gas royalty accounting system. The Dept. of Corrections allocation for field probation office automation ($300,000) is to include Obscis upgrade, whatever that is, and the Court System would get $425,000 more for fixing fire code violations in Anchorage. The Dept. of Military and Veterans Affairs was the big winner in the Governor's capital budget amendments, with $706,000 added for the emergency operations center, $1.4 million for designs for expanded armories in Wasilla, Fairbanks, Nome, and Bethel, and $1.7 million for facility and communications upgrades. SUPPLEMENTALS Governor Vetoes Items in Fast Track Supplemental Governor Hickel delivered his first appropriations vetoes to the 17th Legislature on April 3, vetoing portions of HCS CSSSSB 41 (FIN) AM H, the "fast track" supplemental. The Governor's action: • vetoed the appropriation of an estimated $1.1 million welfare "hold harmless" funding from the permanent fund dividend fund to the general fund; • reduced funds to cover fuel cost increases in the Pioneer Homes and Dept. of Transportation and Public Facilities by $225.000: • cut funding for the Office of Public Advocacy by $76,000; 0 Capital Information Group, 1991 3 • reduced funding for class 3 road maintenance by $291,000, and for rural airport maintenance by $220,000, • reduced airport security funding by $220,000, due to reduced terrorism threat; and • vetoed the extended lapse date for child assistance funding. The net general fund revenue impact of all but the last item is approximately zero, since the reduced appropriation to the general fund from permanent fund dividend fund is roughly cancelled by the reduced expenditures from the general fund in the remaining items. If none of the vetoes are overridden, the net effect of the vetoes will be roughly the effect of the veto of the extended lapse date for child assistance funding, an amount earlier estimated in Senate Finance Committee documents as $1.1 million. REVENUE Revenue Forecast The Dept. of Revenue issued its Spring 1991 Revenue Sources Book, containing DOR's most recent official revenue forecast. The forecast does not differ materially from the information contained in DOR economist Charles Logsdon's March 12 memorandum to Commissioner Fisher (see Budget Report for March 16-22), but does add additional details. • Non -petroleum corporate income taxes are projected to range from $31 to $54 million in FY 91, and from $35 to $55 million in FY 92 and 93. • No bonus revenue is forecast to come from the three oil and gas lease sales scheduled for FY 92. • FY 91 investment earnings are shown with an 11 percent ($13 million) variation between the low and high scenarios. • The forecasters estimate that $1 billion will be spent on already scheduled TAPS pipeline repairs. Under the mid -case scenario which DOR recommends for budget planning, Alaska North Slope oil prices on the West Coast for the remainder of FY 91 (March -June) are forecast at $14.37/bbl. [Actual prices in March and early April appear to be closer to the $16-17/bbl. range. If prices continued at this level through the end of June, revenues for FY 91 would be about $80 million more than forecast.] Capital Information Group, 1991 4 EXTRAORDINARY REVENUE Exxon Valdez Revenue In a 31 page legal opinion issued on April 2, Attorney General Cole stated that the funds received for restoration under the proposed consent decree (approximately $770 million, to be received over 10 years) will not be subject to the legislature's appropriations power. According to the opinion, allocation of the funds will be the responsibility of the three state and three federal trustees. The opinion also states that the $50 million restitution payment the state would receive under the criminal plea agreement would be available for appropriation, but would be restricted to purposes related to restoration or enhancement of the environment. SPECIAL FUNDS Oil and Hazardous Substance Response (470) Fund In a March 21 letter the Attorney General advised Legislative Budget and Audit Chair Rep. Ron Larson that the costs of litigation against parties responsible for oil spills, including the Exxon Valdez spill, could lawfully be appropriated from the 470 fund. Appropriations from the fund for the costs of third party litigation related to oil spills would not be lawful, according to the opinion. Governor Introduces Debt Fund Legislation On April 4, Governor Hickel introduced in both houses a package of two bills and a constitutional amendment resolution to establish the Alaska debt retirement fund. The fund could also finance capital projects. The fund concept was originally discussed (as a capital projects fund) in the Governor's budget address in January. The resolution (HJR 38 and the identical SJR 26) would amend the constitution to dedicate to the new fund a percentage of mineral lease revenue equal to the current dedication to the permanent fund. Since the permanent fund dedication for leases issued after 1979 is 50 percent, approval of constitutional amendment would essentially dedicate all mineral lease revenue from leases issued after that date. Appropriations from the debt fund could only be made for the repayment of state debt, repayment of municipal debt, and design and construction of capital projects. The two bills included in the package establish the debt fund in statute (HB 251 and the identical SB 235). and appropriate the FY 91 general fund surplus to the debt fund (HB 252 and the identical SB 236). The fund would be invested by the Dept. of Revenue, and would © Capital Information Group, 1991 5 be considered in the annual assessment of the state's borrowing capacity. Alaska Housing. Finance, Industrial Development and Export Corps. On April 3, the Senate passed CSSB 163 (FIN) am, a bill originally sponsered by Sens. Adams, Pourchot, and Halford, to require AHFC and AIDEA to annually review their finances and determine how much "money" is in excess of the "amount required to fulfill the purposes of the corporation as defined by law during the next fiscal year." Each board would then determine what portion of this excess could be appropriated by the legislature without breaching any of the corporation's outstanding agreements or "materially impairing the operations or financial integrity of the corporation." Sen. Adams said it is important to have an annual record of how much there is on hand in these corporations. Senator Pourchot said that use of AHFC funds is becoming more common. The House pulled out $4 million for their FY 92 budget proposal to capitalize the children's trust fund and used $10 million in their FY 91 budget. SB- 233, Sen. Kerttula's bill to appropriate funds for water and sewer projects, would appropriate $80 million from the corporation's assets. AHFC officials believe if all the corporation's unrestricted assets were categorized as "excess" funds and subject to appropriation to the state's general fund, the corporation could soon be dependent on annual legislative appropriations for ongoing loan program operations. On the AHFC board of director's April 5 meeting agenda was a draft proposal for a state appropriation repayment plan. Under the plan, the corporation would remit to the state a repayment of about $20 million in November 1991. The exact repayment amount would be the lesser of 75 percent of unrestricted net income or 50 percent of the total net income, reduced in each case by amounts the AHFC board determined necessary to maintain compliance with existing financing agreements and that may be required to meet the repayment conditions. In a letter signed by Rep. Larson, the Legislative Budget and Audit Committee recommended the AHFC board "favorably consider" the draft repayment plan, which Rep Larson observed, could make an important contribution to the state's fiscal well-being in the years ahead. The board decided instead to defer action on the plan until the corporation's bond counsel could review the issue. Some believe the AHFC Board is considering the repayment plan to avoid legislative enactment of a bill to withdraw $100 million from the Alaska housing finance revolving fund and the housing development fund to the principal of the Alaska housing trust fund. HB-152, by Rep. Brown, would create the Alaska State Housing Commission. make it ©Capital Information Group, 1991 6 the governing body of AHFC and ASHA, and repeal the boards of directors of those corporations. The Alaska State Housing Commission would coordinate all housing programs and develop and implement a state housing policy. The bill would establish the Alaska housing trust fund within the corporation to' provide housing assistance funding for public agencies and private nonprofit organizations to finance low and moderate income housing, including special needs housing. HB-153, also by Brown, would capitalize the Alaska housing trust fund. HB-152 has moved through House Labor and Commerce and is now before House HESS. Power Development Fund The House operating budget, HB 75, appropriated $1.2 million from the power development fund to the general fund, but didn't indicate the likely uses for the money. Reportedly, specific appropriations totaling $4 million or more from the power fund are likely to appear in the front section of the Senate version of HB 75. 0 Capital Information Group, 1991 7 UN M M p d M h 0 d M OD CO O d m m O M P- O O O O O o 0 0 co d N 0 Z P r M d CO CC) h M P• CO h 00 0 It LO CO) N d r- to Ln — o CD O d M N P. ,-- h — N M M Ln r N r W Q O P. 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K tl') LO to N 1C') In N In N LO CD CD CD CO wO CD W w w P. h h h h h h h h h co co co HF'R 1 ',-z;i U3' 1_ r4, NUI;ICIP'r"L LEHGUE D -i0 TO ALL AML MEMBERS: LEGISLATIVE ACTION ALERT Operating Budget deliberations in final stages In Senate -- THE TIME TO ACT IS NOW. The Senate is closing out its departmental budgets this week and next. Final Finance Committee action on HB 75 is scheduled for Thursday, April 25. The bill will probably go to the floor the week of April 29. It now seems doubtful that the Senate will act In time to force the Governor to sign It before the Legislature adjourns. The Senate is not expected to recommend funding for municipal programs at the House level and municipal officials should contact Senators, especially the Senate leadership, to support AML funding level requests.' Contact your Senators and Senator Dick Eliason, President (465-3755); Senator Rick Halford, Majority Leader (465-4958); Senator Fred Zharoff, Rules Committee Chair (566- 3770); and Senators Jay Kerttula (465-4985) and Pat Pourchot (465-3753), Finance Committee Co -Chairs to urge support of AML request levels on key programs. Program House Version ofHIS 75 Municipal $ 49,103,200 Asst. Revenue Sharing Sr. Citizen 41,474,000 2.838,800 School Debt 128,986,100 Reimburs. School Fndn. (in HS 5) 541,746,000 Proposed Senate Funding Level $ 46,648,000 41,474,000 2,557,900, 128,986,100 5411746,000 AML Request $ 52,747,000 41,474,000 10;7501000 128,986,100 "full funding" 541,746,000 DO NOT DELAY .- LET SENATORS KNOW HOW IMPORTANT THESE FUNDING PROGRAMS ARE TO YOUR MUNICIPALITIES AND TO YOUR CITIZENS. SUPPORT DECISIONS TO FUND AT AML REQUEST LEVEL .-URGE SUPPORT OF AML FUNDING LEVEL WHEN HOUSE OR SENATE NUMBERS ARE BELOW OUR REQUEST. ALASKA MUNICIPAL LEAGUE C April 12, 1991 j r 217 Second Street, Suite 200 • Juneau, Alaska 99801 • Tel (907) 586-1325, Fax (907)463-5480 Legislative Bulletin Supplemental Appropriation The League seeks passage of a supplemental appropriation to restore cuts in the FY 91 operating budget, including $ 21 million in school foundation funding (to make up the $9.8 million cut by Governor Cowper and the need for funding for additional students), $8.5 million in school construction debt reimbursement, and $3.6 million in Municipal Assistance. The League also supports restoration of cuts in the capital budget of state funds required to match federal grant funds. As reported in last week's Legislative Bulletin, the Governor vetoed parts of the FY 91 supplemental funding approved by the Legislature in HCS SS SB 41 (Fin) am H. The bill did provide additional funding for the education foundation formula ($21,042,000), class 3 roads ($2,908,100 -vetoed to $2,617,300), rural airports ($2,200,000 - vetoed to $1,980,000), marine highway ($2,800,000), power cost equalization ($1,979,600) and contract jails. HB 15, which is still pending in the House Finance Committee, includes supplemental funding for the school construction debt reimbursement program and pupil transportation. No legislation has yet been introduced to restore the cuts made by Governor Cowper in Municipal Assistance. Task Force on Governmental Partnerships The League supports state funding of a Task Force on Governmental Partnerships to study and recommend appropriate roles and responsibilities of state, local, and federal governments to deliver and finance priority public services in Alaska. Legislative Bulletin # 17-8 HCR 17 - Establishing a Task Force on Governmental Roles. HCR 17 passed out of the House Community and Regional Affairs Committee on 4/10 and will be heard in House Finance on Monday, 4/15. Several key legislators contacted by Legislative Committee members this week expressed support of the Task Force concept. Resolution of Mental Health Trust Litigation The League urges the Governor and the Alaska State Legislature to settle the Mental Health Trust dispute during 1991 in a fair and equitable manner which obtains for municipalities (and persons claiming property rights through subsequent municipal conveyances) clear title to all mental health lands which have been patented to, approved for patent to, or selected by municipalities. The House Resources Committee held hearings on the two bills dealing with the Mental Health Trust this week. DNR Commissioner Heinze wrote a letter to House Resources Chair Cliff Davidson supporting the concepts of SS HB 59, Representative Larson's bill. This was the first indication of the administration's position. Heinze's letter went on to suggest amending the language in the bill to clarify that municipal selections that were approved or patented be considered "encumbered," but that municipal lands merely "selected" but not approved be returned to the trust. AML staff and attorney Liz Cuadra, representing the Haines Borough, are working on an amendment to "encumber" all, including those selected but not approved (13,000 of the 56,000 acres), municipal mental health lands. Member of the National League of Cities and the National Association of Counties Representative Davidson says he wants to move a bill out of Resources and has instructed the bill sponsors and the plaintiffs to work over the weekend to come up with a bill for consideration by Tuesday. Members of the Legislative Committee, Liz Cuadra, and Executive Director Burgess met with Attorney General Cole on 4/11. Cole indicated that he doubted there would be any solution during this legislative session; that he needed to spend more time on legal analysis; that, in the meantime, he wanted to get the Supreme Court to review the case and relieve third party interests (including municipalities) of any cloud on the properties; and that he wanted to take a negotiated position to the legislature and the court next year. As for legislation, he agreed with the subcommittee that, in concept, Representative Larson's bill was the preferred alternative. . Senior Citizens/Disabled Veterans Property Tax Rebate Program The League supports passage of legislation to establish a state rebate program that would replace the current Senior Citizens/Disabled Veterans Property Tax Exemption Program established in AS 29.45.030. The AML supports replacement of mandated municipal property tax exemptions with a direct state rebate program for qualified senior citizens and disabled veterans who paid real property taxes on the qualified property. AML staff is working with Representative Navarre and the House Finance Committee and with Senator Eliason on bills to relieve municipalities of the financial effects of state short -funding. We have provided amendments to a work draft requested by Senator Eliason. Representative Navarre has had trouble getting House Finance Committee members to approve introducing a bill. Municipal officials should contact their senators and representatives and request that they support the introduction and passage of legislation providing relief to municipalities from this unfunded state mandate. Oil/Hazardous Substance Spit The League supports establishment of a program to reimburse municipalities for oillhazardous substance spill cleanup efforts. SS SB 25 - State assistance to municipalities and villages for prevention and abatement of environmental degradation. The Senate Community and Regional Affairs Committee held the first hearing on SS SB 25 on 4/11. Unfortunately, the bill did not pass out of the committee. However, there appears to be little opposition. Quick action by the committee is expected (and needed in order to get the bill passed in the 40 days remaining). DCRA requested that the bill be amended to require municipalities to pass ordinances, not resolutions, to adopt extraterritorial powers for cleanup purposes (they indicated emergency ordinances could be passed the same day they are introduced) and that "extraterritorial" boundaries for villages be the same as those for alcohol elections. The AML does not oppose the DCRA proposed amendments. Senators Pearce and Sturgulewski asked for clarification from the Department of Law as to the sovereignty issues with actions taken under the bill by villages. Senator Frank asked for clarification on who and what would be eligible under the bill in light of the general uses of the "470" fund. The testimony and the Senators indicated support for the bill. AML Position: Support: (Municipal Platform). Funding for Municipal Assistance and Revenue Sharing The League requests that the Municipal Assistance Program be funded at not less than $52,747,000 and the State Revenue Sharing Program be funded at not less than $41,472,000, which will trigger the statutory Increase in minimum entitlement levels passed by the 1990 legislature. Although Senators contacted by the AML Legislative Committee this week indicated they thought the Senate budget would match the House funding levels for these programs, the target figures released earlier this week by the Senate Finance Committee put AML Legislative Bulletin #17-8 Page 2 April 12, 1991 C C C 7 Municipal Assistance at $46,648,000, the Governor's proposed funding level, which is 5 percent below the FY 91 funding level and 12 percent below AML's request for this key program of municipal aid. Municipalities should contact members of the Senate Finance Committee and all Senators to urge funding of Municipal Assistance at the $52,747,000 level. The Senate's target figures included AML's request level for Revenue Sharing, but members should be sure to also express their support of the $41,472,000. Department of Administration Commissioner Millet Keller announced this week that he and others around the Governor would recommend vetoing all amounts in the budget down to the Governor's recommended numbers. Rumors about the budget scenario abound, but the most commonly accepted one is that in the absence of signs that the Governor is willing to compromise on his proposed cuts, the Senate will complete its work on the budget within a week or so. The Conference Committee will then agree on a final bill and send it to the Governor in time to force him to deal with it before the 120th day of session (May 20) so that there will be time for a legislative override. Administration officials continue to give strong signals that they are unwilling to compromise, so the Senate may complete its work soon. Legislators encouraged AML members to work more closely with "the 3rd floor" — the Governor's Office — in pursuing their funding goals. Some feel that the Governor may be open to informed arguments on behalf of local government and that he may, in fact, be unaware of the effect his proposed budget cuts will have on municipalities and their citizens (e.g., increased taxes). Members are urged to start contacting the Governor now to express their support of the AML request levels of funding for Municipal Assistance, Revenue Sharing, Education Foundation Formula, School Debt Reimbursement, Senior Citizens Tax Exemption program, and new school construction. Let him know how important it is for the state to share revenues from commonly held resources to pay for the services the public wants. AML Legislative Bulletin *17.8 April 12, 1991 Full Funding for Education Formula The League requests full funding for the Education Foundation Formula, the states contribution toward the costs of operating public education, in recognition of the states constitutional obligation to provide education for all of Alaska's children. Full funding for FY 92 is now (3/91) estimated at $513,623,200. CS HB 5 (Fin) is still awaiting action in Senate Rules but may be returned to Finance where SB 7, the bill increasing the per instructional unit amount, is waiting for consideration. One or both of these bills, along with HB 75, will be part of an operating budget package presented to the Governor. School Construction Debt Reimbursement The League requests full funding for the School Construction Debt Reimbursement Program for FY 92, at an estimated (3/91) cost of $128,986,100. Full debt reimbursement entitlement funding is included in HB 75, the House operating budget, at $128,986,100. Let Senators know that you support this level in the final budget. Funding for School Construction under the School Construction Grant Program The League supports funding of the new School Construction Grant Program at a level that addresses life, safety, student enrollment, maintenance, and educational issues. No action yet, but the Senate Finance subcommittees were reviewing the capital budget proposal this week. Some Senators indicated this week that they expected the final capital budget to include enough funding for the Priority 1 schools ($51 million). Full Funding for Operations and Maintenance of Statewide Facilities The League supports full funding for operations and maintenance of basic statewide facilities, in recognition of the value of the state's investment In these facilities and the importance of the services they provide for Alaska's citizens. HB 75 - House operating budget attempts to address the need for operations and maintenance funding for state facilities in many areas. In light of the . Governor's declared interest in deferred maintenance projects, in spite of the fact that he recommended lower funding levels for this purpose in his proposed budget, it is unclear if he will cut the funding levels ' proposed by the House if they are part of the final budget bill. New Bills Introduced In the House CS HB 138 (SA) - Appropriations for solid waste characterization and recycling market study. State Affairs Committee reported out a substitute, CS HB 138 (SA), on 4/10. The CS removed the funding for solid waste management loans and planning grants and for hazardous waste reduction grants. Referred to Resources. AML Position: Support (91 PS VI.B.4), though preferred funding for all projects. CS HB 168 (L&C) - Relating to pull -tab operators. Labor & Commerce reported out a substitute, CS HB 168 (L&C), on 4110. The CS added regulations for a wide variety of additional issues related to pull tab sales. Referred to Judiciary. AML Position: No position. CS HB 214 (HES) - State aid for nonprofit health facilities. HESS Committee reported out a substitute, CS HB 214 (HESS) on 4/5. AML Position: Support in concept (91 PS I.H.2, Res. 91-6, Res. 91-7). HB 263 - Human services community matching grants. Introduced 4/8 by Boyer, Ellis, et al. (7 sponsors), HB 263 would establish a program of matching grants for cities of over 20,000 and unified municipalities for the provision of essential human services by nonprofit agencies. The program would go into effect in FY 1993, when the state human services match would be 90 percent. It would decline 5 percent per year until the state match is 50 percent of estimated reasonable costs of human services. Referred to C&RA, HESS, and Finance. AML Position: No position. HB 264 - Amending purposes for which oil and hazardous substance release response fund ("HB 470 fund") may be used. Introduced 4/10 by Finance, HB 264 would amend AS 46.08.040 (a) to add the expenses of regulation and pollution prevention involving motor fuel, petroleum, and chemical storage tanks as legitimate expenditures of the Oil and Hazardous Substance Release Response (HB 470) Fund. This would include the expenditures made by the Board of Storage Tank Assistance and DEC's program of abatement and pollution prevention from underground storage tank systems, and educational, tank tightness and site assessment, certification, cleanup, and upgrading expenditures. Referred to Resources and Finance. AML Position: Support (91 PS VLB.10). HB 270 - Motor vehicle registration and Impoundment of vehicles. Introduced 4/10 by Baker, Zawacki, et al. (7 sponsors), HB 270 would amend AS 28.10.04 (a) to allow the division of motor vehicles to refuse to register a motor vehicle if the applicant, after receiving notice, had failed to pay three or more fines for parking infractions under state law or municipal ordinance. An agency or municipality would be able to report the failure to pay the fine on a form prescribed by the department and the department would be able to require electronic reporting. If the potential for requiring electronic reporting Is a problem for any municipality, please let AML know. . The bill would also add a new section that would prohibit the release of an impounded vehicle if the owner had failed to pay a fine imposed for a parking infraction. Referred to Transportation and C&RA. AML Position: No position. AML Legislative Bulletin #17-8 Page 4 April 12, 1991 Ic C C C HCR 26 - Landing fees and land use fees. Introduced 4/5 by MacLean, Baker, et al. (34 sponsors!), HCR 26 opposes the establishment of landing fees and increases in land use fees at rural airports in the state. It also requests the Governor to direct the Department of Transportation to complete a state transportation plan and report back to the 18th Legislature on alternative methods of raising revenue for the state transportation system. Referred to Transportation and Finance. Identical to SCR 22. AML Position: Support direction to develop a state plan and revenue alternatives (91 PS V, V.A). CS SB 59 (Fin) - Task Force on the Homeless. Bill was read for the first time in the House on 4/8 and referred to HESS and Finance. AML Position: No position. CS SB 131 (Fin) am - Notice requirements. Read for the first time in the House on 4/8 and referred to State Affairs and Finance. AML Position: No position. H CS CS SCR 10 (Fin) - Health Resources and Access Task Force. House Finance reported out a substitute on 4/5. The CS increased the size of the Task Force from 14 to 17 (3 each from the Senate, House, and executive branch in place of 2 plus alternate from each). AML Position: No position. In the Senate SS SB 37 - Food and housing for workers at remote public construction project sites. Sponsor Substitute introduced on 415 and referred to Labor & Commerce, Transportation, and Finance. The SS applies only to state construction projects, not all public projects as did the original bill. AML Position: No position. CS SB 81 (Finance) - DNR as platting authority. Finance Committee reported out a substitute, CS SB 81 (Finance) on 4/5. The CS clarifies that a municipality needs to have adopted ordinances implementing AS 29.40 (Planning, Platting, and Land Use Regulation) in order to exercise the power of land use regulation. It also requires that subdivisions or dedications must be approved by the authority with jurisdiction (not merely submitted for approval) before it is filed with the recorder. The bill specifies AML Legislative Bulletin #17-9 April 12, 1991 that all subdivisions of land by the state, its agencies, instrumentalities, and political subdivision are subject to the provisions of state law or home rule ordinances or regulations governing subdivisions. The bill specifies the requirements for a right-of-way acquisition plat. Referred to Rules. AML Position: Support (91 PS ME). CS SB 95 (L&C) - Project labor agreements. Labor & Commerce reported out a substitute, CS SB 95 (L&C), on 4/10 (with no recommendation). The CS is identical to HB 223. Referred to Judiciary. AML Position: No position, but the Legislative Committee was asked to review these two bills and make a recommendation to the Board. Municipalities should examine these bills carefully and let AML know how they will affect the operation of municipal government. CS SB 131 am (SA) - Notice requirements. The bill was reconsidered on the floor on 415 and amended to allow the use of a combination of print and broadcast media to give notices of public meetings. Sent to the House. AML Position: No position. CS SB 182 (Fin) - Local Government Investment Pool. The Senate Finance Committee heard SB 182 on 4/9 and passed out a CS for the bill. The CS adds language requiring a pool formed under the bill to utilize the "prudent investor rule." The bill now goes to Rules for scheduling for the Senate floor. AML Position: Support Res. 90-17 and Board action). The companion bill in the House, HE 199, is waiting for a hearing in the Finance Committee, but will probably wait for the Senate bill at this point. In addition, on 4/4 AML Executive Director Burgess, AML Investment Pool Committee members Ellen Braden of Anchorage and Ross Kinney of the Kenai Peninsula Borough, and consultant Jack Kiley attended the mandatory pre -bidders conference on the request for proposal the AML distributed to firms interested in providing professional services in operating the pool. Over 20 people representing approximately 11 firms attended the conference. Proposals are due April 19th. SB 238 - Rural Development Initiative Program. Introduced 4/5 by Adams and Hoffman, this bill is identical to HB 256 (see Legislative Bulletin 17-7). Referred to Community & Regional Affairs and Finance. AML Position: Support (PS 91 VM.B.1). SB 240 - Appropriation for fish tax payments for Exxon Valdez spill period. Introduced 415 by Zharoff� SB 240 would appropriate $4.5 million to be paid to municipalities that suffered the loss of fish tax revenue during FY 90 because of the Exxon Valdez oil spill. Referred to Community & Regional Affairs and Finance. AML Position: No position. SB 243 - Election campaign financing, campaign material, and APOC. Introduced 4/8 by the Senate Ethics Committee, SB 243, includes prohibitions on the use of public funds or property (either state or municipal) to influence the outcome of an election. It would also prohibit the use of public funds or property, or the time of a public officer or employee, to produce, print, publish, broadcast, or otherwise disseminate material designed and tuned to influence the outcome of an election, regardless of the lack of specific reference to the election. It would not prohibit action taken at a public meeting expressing a collective decision or action by an official in support of or in opposition to a ballot proposition or question at an open press conference or in response to a specific inquiry. It also includes other prohibitions on the methods and places campaign funds may be solicited. Referred to Ethics, Judiciary, and Finance. AML Position: Oppose provisions that forbid the use of municipal funds to support ballot measures on the grounds that it unduly restricts local government operations (91 PS VII.A.1). SB 247 - Plumbing, mechanical, and boiler standards. Introduced 418 by Eliason, SB 247 modifies definition of the state building code, updates references to uniform codes to the 1991 editions, and adopts the Uniform Mechanical Code as the official minimum mechanical code for the state. The bill states that it does not preempt the authority of a municipality to prescribe, by ordinance, standards for the municipality that are more stringent than the code. Municipalities or unorganized villages with less Page 6 than 2,500 inhabitants are exempt from the code. Referred to Labor & Commerce. AML Position: Support provisions updating codes and referring to national codes (91 PS VII.A.9). House Action CS HB 130 (Jud) - Immunity of municipal ombudsman. Bill was considered by the House on 4/10 and passed with one amendment. The amendment added the provision that the immunity would not apply in cases of gross negligence or reckless or intentional misconduct. CS HB 130 (Jud) am was referred to the Senate. AML Position: No position. CS HIS 139 (HES) - Public recognition of pollution prevention and waste reduction and recycling efforts. Resources reported out CS HB 139 (HES) on 415. Referred to Finance. AML Position: Support in concept (91 PS VLBA). HB 207 - Relating to definition of "village" for Village Safe Water Program. Community and Regional Affairs Committee reported bill out on 415 with 6 "Do pass" votes. Referred to Resources, where it is scheduled for a hearing on 4/17. AML Position: No position. HB 256 - Rural Development Initiative Program. Bill had its fast hearing on 4/10 in House Community and Regional Affairs Committee and was held for another hearing on 4117. AML Position: Support (91 PS VIII.B.1). FUR 31 - Relating to pollution prevention, waste reduction, and recycling. State Affairs Committee reported bill out on 4/8 and it was passed on the floor on 4/8. It was sent to the Senate. AML Position: No position. CS HB 128 - Relating to the office of municipal clerk. The House CRA Committee heard HB 128 on 4/10 and passed out a CS. As reported previously, the CS deleted the sections mandating that municipal governing bodies appoint a clerk and now the bill only amends the list of duties of a clerk. The AML spoke in support of the bill. Kechikan Assembly member AML Legislative Bulletin #17-8 April 12, 1991 C R C C C Cheryle Tallman spoke in opposition to the bill, indicating that the local governing body should dictate a clerk's duties in a job description. AML Position: Support (PS VII.B.1). SS SB 18 (State Affairs) - Establishing Alaska State Pension Corporation. The Senate Finance subcommittee working on this bill has come up with a proposed CS, which would increase the size of the Pension Corporation board to 9. The Commissioner of Administration would replace the member formerly nominated by the others members and appointed by the Governor and one member of the professional Advisory Council is added as a board member. Scheduled for hearing in House Finance on 4/19. AML Position: Support in concept (Res. 91-8). House Committee Hearings/Meetings Senate Action CS SB 70 (Fin) - Taxation by municipalities of certain property of governmental entities. Scheduled for action on the Senate floor early the week of 4/15. AML Position: Support (91 PS I.C.10). SJR 12 - Sharing of revenues from outer continental shell Passed on floor on 4/10. AML Position: Support (91 PS I.I.2). SJR 21 - Supporting leasing, exploration, and development in the Arctic National Wildlife Refuge. The Resources Committee reported out SJR 21 on 4/5. AML Position: Support (91 PS VIII.D.4). HJR 31 - Relating to pollution prevention, waste reduction, and recycling. Read for first time in Senate on 4/10. Referred to State Affairs. AML Position: No position. C&RA 1:30 p.m. Capitol Room 124 HB 222 - Appropriations from science and technology endowment Wednesday, April 17 for water, sewer, solid waste, and road and highway maintenance projects and the rural development initiative fund. HB 256 - Rural Development Initiative Fund FINANCE 1:30 p.m. Capitol Room 519 HB 33 - Penalties for violations of OSHA laws Tuesday, April 16 HB 121 - Utility integrated resource plans SB 18 - Investment of pension funds Friday, April 19 RESOURCES 3:00 p.m. Capitol Room 124 HB 207 - Defin. of "village" in VSWP Wednesday, April 17 STATE AFFAIRS 8:30 a.m. Capitol Room 102 HB 167 - Absentee voting Monday, April 15 SB 131 - Notice requirements AML Legislative Bulletin #17-8 April 12, 1991 Friday, April 19 .. TRANSPORTATION 8:30 a.m. Capitol Room 17 HCR 26 - State transportation plan Thursday, April 18 OIL & GAS 3:00 p.m. Capitol Room 124 HJR 17 - Offshore oil revenue sharing Monday, April 15 HJR 36 - Opposing offshore oil exploration, development, and tanker transportation in the Beaufort and Chukchi seas -Senate Committee "HearingslMeetings C&RA f"'' 3:30 p.m. Butrovich Room 205 Confirmation Hearing: Edgar Blatchford, Commissioner designate Tuesday, April 16 HB 87 - Requiring street address of real property on notices of sale and foreclosure SB 141 - Matching grants for capital projects ..;:,:;sou► Thursday, April 18 FINANCE - 9:00 a.m. Finance Room 518 DCRA report Tuesday, April 16 SB 132 - Length of school term Wednesday, April 17 HESS 8:00 a.m Butrovich Room 205 Wednesday, April 17 Mental Health Trust SB 65 - B 194 - Hepatitis B shots for service providers Friday, April 19 t • t • �11, SB 83 - State health insurance pool 8:00 a m. Butrovich Room 205 Monday, April 15 SB 83 - State health insurance pool 8:00 a.m. Beltz Room 211 Friday, April 19 SB 219 - Workers compensation changes 330 p.m. Monday, April 22 Beltz Room 211 STATE AFFAIRS 1:30 p.m. Beltz Room 211 HJR 31 - Waste reduction and recycling week Monday, April 15 TRANSPORTATION 2:30 p.m. Beltz Room 211 SCR 22 - State transportation plan Tuesday, April 16 AML Legislative Bulletin #17-8 Page 8 April 12, 1991 IC C k t, C Municipal News Roundtable Positions Available Nominations for the Municipal Pollution Prevention Roundtable are still being accepted Eighteen nominations have been received so far, and up to thirty participants will be accepted from the those that indicate an interest. Please contact the League if you are interested in participating. The first meeting of the group will be May 1-2, 1991, in Juneau. A second meeting will be scheduled in mid -June in Fairbanks. If DEC receives funding to continue the program, four additional meetings will be scheduled in Anchorage, Fairbanks, and Juneau during FY 92. Bill Ross, President of Ross & Associates, is scheduled to address the first meeting of the roundtable. Ross, an environmental consultant from Seattle, is a former commissioner of the Alaska Department of Environmental Conservation and an excellent speaker. Ross has considerable experience in pollution prevention and waste management, particularly in Alaska and the Northwest. Also scheduled to speak is Todd Peterson, Manager of Recycling and Planning Programs for R.W. Beck, who will address the roundtable about pollution prevention possibilities. R.W. Beck and Associates is a consulting engineering firm with offices in 13 cities, including Anchorage and Seattle. The firm has nearly 20 years of experience in helping local governments with waste management, reduction, and control, including several projects in Alaska. The basic purpose of the Municipal Pollution Prevention Roundtable is to offer practical, applicable training for Alaska's local government officials in pollution prevention techniques and to serve as a forum for the exchange of information about pollution prevention methods that work in Alaska. The mission and scope of activity of the roundtable may evolve further, however, depending on the interests of the participants. The Alaska Municipal League is offering the Municipal Pollution Prevention Roundtable through a contract with the Alaska Department of Environmental Conservation's Pollution Prevention Program. AML Legislative Bulletin #17-8 April 12, 1991 Each roundtable meeting will feature presentations by pollution prevention experts from the private sector as well as from the public sector on topics that will be informative and stimulate debate. Possible topics include reducing the waste stream by managing your office differently, buying recycled goods, setting up recycling programs, developing public support for recycling and recyclables, and disposing of waste in the least damaging way. Alaska local government officials will be asked to share information on approaches used in their municipalities -- both those that have worked and those that have not. The Municipal Pollution Prevention Roundtable offers a perfect opportunity to learn more about pressing issues that all local governments will need to confront in the future. To take advantage of the opportunity, please contact Kevin Smith at the Alaska Municipal League (586-1325) immediately. There is no charge for participating in the roundtable, however participants' transportation and lodging are the responsibility of the municipality or sponsoring organization. The following people have expressed interest in participating in the roundtable: Fred Armstrong, Economic Development Director, Northwest Arctic Borough; Walter Toolie, Council Treasurer, City of Savoonga; William Wilcox, City Engineer, City of Valdez, Nancy Gross, City Manager, City of Cordova; Jeff Carrier, Public Works Manager, City of Cordova; Molly Kemp, Recycling Committee President, City of Tenakee Springs; Catherine Mayer, Solid Waste Administrator, Kenai Peninsula Borough; Don Thomburgh, Compliance Officer, North Slope Borough; Jim Voetberg, SPM/E, City of Ketchikan; Shaune Grose, Solid Waste Project Manager, Fairbanks North Star Borough; Roy Carlson, Jr., Public Works Director, Matanuska-Susitna Borough; Michael Glenn Moore, Grants Coordinator, City of Deering; Lee Browning, Environmental Services Manager, Municipality of Anchorage; Dan Keck, Mayor, City and Borough of Sitka; Larry Harmon, Public Works Director, City and Borough of Sitka; Richard Smith, Municipal Engineer, City and Borough of Sitka; Marjorie Dunaway, Solid Waste Project Coordinator, Southwest Alaska Municipal Conference; Kristine Benson, Environmental Health Specialist, Alaska Health Project; and Margaret Drumm, Environmental Engineer, Alaska Health Project. Drumm, Environmental Engineer, Alaska Health Project. "Waste is a Terrible Thing to Mind" "Waste is a Terrible Thing to Mind" is the theme of the annual solid waste management conference, sponsored by the Alaska Chapter, Air and Waste Management Association at the Egan Center in Anchorage April 24-26. Registration will open at 7:45 a.m. on Wednesday, April 24, and the final conference event, a trip to the Anchorage landfill, will begin at 1130 a.m. on Friday, April 26. General sessions, workshops, and field trips will provide participants an opportunity to learn more about how to prevent and reduce waste, how to recycle it, and how to deal with what's left. Speakers include representatives of the private sector and local governments as well as the Environmental Protection Agency and the Alaska Department of Environmental Conservation. Case studies of the "Flying Cans" program, composting projects, and reducing dry cleaning waste; information on recycling — from collection to procurement; source reduction and recycling of special wastes; regional studies of solid waste issues; options for waste treatment; selecting landfills; and incineration are some of the topics to be covered An additional important focus of the conference will be building informed community support and involvement in solid waste issues. Conference participants will have an opportunity to tour the Anchorage Recycling Center and the Anchorage municipal landfill. Registration for the conference, which is open to the public, is $60. For more information, contact Kathy Pazera at 586-7619. Hiring, Firing, and Retaining Best Employees Focus of Managers' Training Alaska's municipal managers and administrators will have a chance to learn more about "Tile People Game" during an AMMA training session scheduled for April 29-30 in Juneau. Carol George of The Growth Company will be the trainer, and she will focus on how to hire, train, and retain the best employees for your municipality. In addition, attendees will have an opportunity to hear from Department of Administration Commissioner Millett Keller, considered to be one of the Governor's top advisors, during a Monday luncheon speech. A legislative update will be provided by AML Executive Director Scott Burgess, and managers and administrators will have an opportunity to share their recent experiences, successes, and failures with their colleagues in scheduled roundtable sessions. The proposed Task Force on Governmental Roles, a priority interest of the League for the 1991 legislative session, will be the focus of the Tuesday noon session. HJR 17, which would establish the Task Force, seems to have broad legislative support, but funding from the legislature and the executive branch, as well as some municipal financial support, will be necessary to make its work productive. Managers will have an opportunity to share their ideas about project implementation with Task Force supporters. ICMA Regional Vice President Dick Cushing has been invited to join in the sessions and to update participants on ICMA activities and issues. Presentations on a new AML program, the Municipal Investment Pool, and the new and continuing programs of the AML Joint Insurance Association and a business meeting will complete the program. Attendees may wish to stay in Juneau to attend the Municipal Pollution Prevention Roundtable, scheduled for May 1-2 (see related article above). Sessions are scheduled to begin at 9:30 a.m. on Monday, April 29, in the Gastineau Suite of the Baranof Hotel, and continue through the afternoon on Tuesday, April 30. Registration will be $130 for members and $150 for nonmembers. Registration packets are being mailed to all managers and administrators in the state, but if you need more information call Chrystal Smith at AML, 586-1325. Blocks of rooms are being held at the Baranof and the Westmark. Call 586-2660 for the Baranof and 586-6900 for the Westmark. AML Legislative Bulletin #17-8 Page 10 April 12, 1991 C C C A Municipal Calendar April 24-26 AML Board of Directors Meeting and Legislative Action Days, Juneau. April 24-25 Solid Waste Management Conference, sponsored by Alaska Chapter, Air and Waste Management Association, Egan Civic and Convention Center, Anchorage. For more information call Kathy Pazera, 586-7619. April 25 Alaska Conference of Mayors Meeting, Juneau April 25-26 Alaska Municipal League Joint Insurance Association, Inc. Board of Trustees Meeting, Juneau April 25-27 Alaska Municipal Finance Officers Association Meeting, Alyeska. April 29-30 Alaska Municipal Management Association Spring Meeting, Juneau. May 1-2 AMUDEC Municipal Pollution Prevention Roundtable, Juneau. Organizational meeting of roundtable of local government representatives to discuss pollution prevention ideas, projects, and possibilities. Keynote speakers include Todd Peterson of R.W. Beck, who will speak on pollution prevention possibilities in Alaska. Representatives of local governments are encouraged to apply to AML to participate as a member of the roundtable, which will hold six meetings around the state during the next 18 months and will focus on what's desirable and possible in the Alaskan environment. For more information, call AML at 586-1325. May 8-11 WIR Annual Conference, sponsored by the National Association of Counties Western Interstate Region, Maui County, HawaiL AML Past President and Kenai Peninsula Borough Assembly person Betty Glick will preside over the meeting as WIR President. Registration is $225 for NACo members before April 1 and $255 on site. For non- members registration is $275 before April 1 and $325 on site. For more information contact NACo at 202-393-6226. June 2-5 "Climbing to New Heights," Government Finance Officers Association 85th Annual Conference, Denver, Colorado. Over 60 how-to sessions on innovative financial practices and techniques. For more information contact GFOA at 312-977-9700. June 5-7 "Communities & Tourism '91: A Conference for Local Governments," Palm Desert, California. Sponsored by the International City Management Association. For more information, contact ICMA, 777 North Capitol St., NE, Suite 500, Washington, D.C. 20002-4201, phone 202-962-3593. November 10 - 15 AML Local Government Conference Week, Fairbanks AML Legislative Bulletin #17-8 April 12, 1991 Position Vacancy Borough Clerk - Kenai Peninsula Borough. Kenai Peninsula Borough (pop. 40,312) is seeking a Borough Clerk. Responsible for administration of Assembly functions including elections. Applicants should have a minimum of three years experience as a municipal clerk or in a closely related field which resulted in a working knowledge of municipal/state elections and local legislative functions/procedures. Must also have a working knowledge of computers and a demonstrated ability to manage staff and deal with the public/media. Certification by the International Institute of Municipal Clerks desirable. Salary. DOE. Excellent benefits. Applications will be subject to public disclosure. Send detailed resume with salary history by April 31, 1991, to Kenai Peninsula Borough, Personnel Office, 144 N. Binkley, Soldotna, AK 99669. Call 907-262-8600 for more information. EOE. 17 .... .ALASKA `LEAGUE L Carol Frees Clerk City of Kenai 01 210 Fidalgo Kenai, Alaska 99611 Page 12 Dated Material First Class Mail AML Legislative Bulletin #17-8 April 12, 1991 C 2 Copy and Distribute Immediately INFORMATION LIST April 17, 1991 Kenai city council Meeting 1. 4/16/91 Borough Assembly Meeting Agenda. 2. 4/8/91 WJB letter to Bill Altland, Kenai Alternative High School regarding waiving of the rental fee for the Kenai Senior Citizens Center for their first graduation ceremony. 3. 4/3/91 Council Meeting "TO DO" List. 4. 4/91, Your Chamber Today, Newsletter of the Greater Soldotna Chamber of Commerce. 5. 4/8/91 WJB memorandum to Council regarding a Telephone Poll requesting approval to issue a purpose order to McDonald Industries, Alaska in the amount of $3,799.28 for parts to repair the 740 Champion Motor Grader. 6. 4/391 Echo Lake Lockers letter to the State of Alaska DEC regarding "Wholesale meat Distribution and Sales on the Kenai Peninsula." 7. 4/91, Chamber Chatter, Newsletter of the Greater Kenai Chamber of Commerce. PUBLIC MEETING NOTICE The Kenai City Council will be having a Work Session on Monday, April 15, 1991 at 7:00 p.m. in the Council Chambers. The following item will be discussed at that time: City of Kenai 1991-92 Annual Budget The public is invited to attend and participate. Carol L. Freas City Clerk DATED: April 10, 1991 COUNCIL PACKET DISTRIBUTION DATE: G46tc? /% /99 / Mayor and Council Fire Department Police Department Senior Center Library Parks & Rec. ✓ Attorney L City Manager "� Finance Public Works Airport AGENDA DISTRIBUTION Borough Clerk Chamber Assembly (5) Public Wks. Sec.. Animal Contrc Public Wks. Shop Dock (Season) Bldg. Maintenance STP Bldg: Official Legal Sec. Streets KCSY Anchorage News KSRM Bulletin Board EDD Clerk ✓ K. Viall J.LaShot L.Harvey Kim Clarion Times Commissions Airport(LH) Aging(KL)_ Library(LH) Harbor(KV)_ Pks & Rec._ (LH) P&Z(LH)� DELIVER Council Packets to Fire Department Clarion Packet to the Clarion with published agenda prior to 5:00 p.m. Times packet to be picked up by Ben Ellis at City Hall.