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HomeMy WebLinkAbout1995-03-15 Council PacketKenai City Council Meeting Packet March 15, 1995 AGENDA KENAI CITY COUNCIL - REGULAR MEETING MARCH 15, 1995 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 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. Elton McGahan - Alaska Circle Track Association/Twin City Raceways. 2. Vivian Swanson - Property Foreclosure/Government Lot 128 3. Borough Assemblyman Tim Navarre - Kenai River Overlay District C. PUBLIC HEARINGS 1. Ordinance No. 1633-95 - Increasing Estimated Revenues and Appropriations by $343.84 in the Senior Citizens - Borough Special Revenue Fund to Hire a Part -Time Gardener for the Summer Months. 2. Resolution No. 95-13 - Supporting the Alaska Maritime National Wildlife Refuge's Proposed Environmental and Visitor Education Facility in Homer, Alaska. 3. 1995 Liquor License Renewal Application - PROTEST - Kenai Merit Inn. 4. 1995 Liquor License Renewal Application - PROTEST - Italian Gardens. 5. 1995 Liquor License Renewal Application - PROTEST - Larry's Club. -1- 6. 1995 Liquor License Renewal Application - PROTEST - Kenai Joe's. 7. *1995 Games of Chance and Contests of Skill Permit Application - St. Francis Episcopal Church. 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 1, 1995. F. CORRESPONDENCE G. OLD BUSINESS H. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $2,500 -None Listed- 3. *Ordinance No. 1634-95 - Amending KMC 14.20.320(b)(42) Definitions (Kenai Zoning Code). 4. *Ordinance No. 1635-95 - Amending the Kenai Municipal Code Land Use Table, Additional Requirements. 5. *Ordinance No. 1636-95 - Amending the KMC 14.20.105(c)(4) Townsite Historic (TSH) Zoning District, Historic District Board Duties. 6. *Ordinance No. 1637-95 - Amending KMC 14.20.105(m)(4) Townsite Historic (TSH) Zoning District, Definitions. 7. *Ordinance No. 1638-95 - Increasing Estimated Revenues and Appropriations by $10,757.57 in the General Fund for a Survey of the Kenai Townsite Historic District. 8. *Ordinance No. 1639-95 - Increasing Estimated Revenues and Appropriations by $11,000 in a New Capital Project Fund Entitled "S.T.P. - Disinfection/Safety Program." -2- I. J. K. 9. Approval - Contract for Emergency Management Services (Kenai Peninsula Borough/City of Kenai). 10. Discussion - 1995/96 Kenai CIP State Grant Requests. 11. Discussion - Peninsula Chambers - Kenai Airport Terminal Lease. ADMINISTRATION REPORTS 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager DISCUSSION 1. Citizens 2. Council ADJOURNMENT (five minutes) -3- MAYOR'S REPORT MARCH 15, 1995 COUNCIL MEETING REQUESTED CHANGES TO THE AGENDA BY: ADD TO: B-3, Overlay Ordinance Discussion - Kenai River Property Owners Association newsletter, Kenai River Property News. - WILLIAMS ADD TO: I-1, Mayor's Report - Theo Matthews FAX regarding Kenai River Sockeye Salmon Issue. WILLIAMS I-1, Mayor's Report - Alaska Statutes regarding Gaming Permits. WILLIAMS CHANGES TO THE CONSENT AGENDA MAYOR'S REPORT 1. Executive Session - Evaluations. 4� COUNCIL MEETING OF%✓'��I✓� D M 8 V SMALLEY WILLIAMS BOOREY SWARNER MONFOR MEASLES BANNOCK SMALLEY WILLIAMS BOOREY SWARNER MONFOR MEASLES BANNOCK M 8 V SMALLEY WILLIAMS BOOREY SWARNER MONFOR MEASLES BANNOCK �. M S V SMALLEY WILLIAMS BOOREY SWARNER MONFOR MEASLES BANNOCK ry M S V SMALLEY WILLIAMS BOOREY SWARIftR MONFOR MEASLES BANNOCK ALASKA CIRCLE TRACK ASSOCIATION TWIN CITY RACEWAY PO BOX 2817 �11KENAI, ALASKA 99611-2817 b March 8, 1995 City of Kenai Council Members: MAR 1995) `�9`Sz r� EZ `2`tio It has come to the attention of our organization that the City of Kenai has recently purchased a new water tanker truck, thus retiring the old truck. Recognizing that this truck should no longer be used on the highway in its present configuration, we would like to petition the council to donate this piece of equipment to the Alaska Circle Track Association, for the purpose of maintenance at Twin City Raceway. Should the council see fit to grant us long term use of this piece of equipment, the Alaska Circle Track Association guarantees to keep the tanker truck in good working condition and neat in appearance. We will also insure to use the truck for the sole purpose of track maintenance. In the unlikely event our organization disbands, the use of the water tanker truck will cease and the property will be returned to the City of Kenai, in proper working condition. Thank You for your time and consideration. Executive Board Alaska Circle Track Association Elton McGahan ; Bill Jackson Amber Hutchens Mvrna'Sa s CITY OF KENAI � If Od eCn, 4 4,d, 210 FIDALGO AVE.. SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 rr..raan (C(DP 1992 December 27, 1994 Vivian Swanson P. O. Box 1483 Soldotna, AK 99669 RE: Foreclosed Property: Government Lot 128 Dear Mrs. Swanson: The City Attorney has passed along your request that the City reconvey Lot 128 to you. That lot was deeded to the City in 1986 for unpaid assessments. As I understand them, the underlying facts behind this request are as follows. In 1967 the City filed a condemnation action against certain properties owned by your husband John Swanson. The Court determined the amount of compensation owing to him was $7.876.05. He appealed that determination. The appeal was dismissed for failure to prosecute in 1979. The amount the City had deposited with the court for compensation of the taking was returned to the City. Also, in 1967 the City formed an assessment district. The district included five lots belonging to John Swanson. They were Government Lots 168 and 169 of Section 31 and Government Lots 19, 20 and 21 of Section 6. That property is referred to as the "1967 assessments." John Swanson made a few payments on the assessment and he and/or his estate became delinquent on the amounts due. In 1973 the City formed another assessment district which included Government Lot 128, Section 31, T5N, R11W, S.M., "1973 Assessments." That property was owned by John Swanson. Some payments were made on the special assessment on Lot 128 by you or John Swanson. In 1982 the City discovered that the estate of John Swanson had not been paid for the taking in the condemnation action which the court dismissed in 1979. The City, via then City Attorney Ben Delahay, contacted you and agreed to payment of the amount due for the taking minus monies due for the 1967 assessments. It is clear from the records that the agreement was not Vivian Swanson December 27, 1994 Page 2 intended to cover the 1973 assessment on Lot 128. On October 7, 1982, a check was cut in the amount of $5,313.07 ($14,990.75 due in condemnation minus $9,677.68 due for special assessment). In 1985 the City foreclosed on the property included in the 1973 assessments (Lot 128). You contend that the October 1982 agreement in which the 1967 assessments were set off against the amount due for the taking was flawed because one of the five lots involved in the 1967 assessment (Government Lot 169) had been conveyed to John Swanson's sister in June of 1982. You correctly note that the special assessment debt ordinarily would run with the land rather than become a personal obligation owned by her or John's estate. You state that neither you nor Ben Delahay were aware at the time of the transaction that John had previously transferred the property to his sister. Mr. Delahay is retired in Costa Rica, so I don't know what his recollection of events is. You maintain that because the settlement agreement covered Lot 169, which had previously been conveyed to John Swanson's sister, the amount of the assessments you paid on that lot should be assigned to Lot 128 of the 1973 assessment and that the City should reconvey the lot covered by the 1973 assessment (Lot 128) back to you. One question this proposal raises is who would pay the back assessments on Lot 169 if we assign the portion of the payment made on Lot 169 to Lot 128. The answer is the taxpayers. I don't think we could legally back -bill any former or current owner for the 1973 assessments. More importantly, the primary problem I have is the amount of time which has transpired. The records indicate that you were aware of the conveyance of Lot 169 prior to the 1982 settlement since 1984—nearly ten years. That was prior to the date the City foreclosed on Lot 128. Yet I do not see anything in the file indicating you brought the issue up during the assessment foreclosure proceedings on Lot 128 in 1985-1986. In August of 1986, then City Attorney Timothy Rogers stated in a letter to your attorney, Lee Peterson, that Lot 128 was properly foreclosed upon and would not be returned (absent the exercise of your right of repurchase). It appears there was a seven-year gap from the date City Attorney Rogers informed you the property would not be returned until you again brought the matter to the attention of the City. AS 29.45.450(d) states in part, "Two years after the date of the deed, its validity is conclusively presumed and a claim of the former owners or other person having an interest in the property is forever barred." Under AS 29.45.450(d) you should have taken judicial action within two years of 1986 to challenge the City's deed. The purpose of AS 29.45.450(d) is to provide for finality in such cases. The City has a legitimate interest in not reopening a decade -old settlement Vivian Swanson December 27, 1994 Page 3 agreement. Your most recent request came 12 years after the settlement agreement and 8 years after the City received the deed to the lot. For the above reasons, I cannot recommend to the Kenai City Council that Lot 128 be reconveyed to you. Very truly yours, CITY OF KENAI Thomas J. anninen City Manager C:\WP60\DOCS\LEGALDPT\SWANSON.LTR March 10,1995 To: City of Kenai , City Council, Dear Members, In Aug. of 1902, Ben Delahag , the then City Atty. for the city of Kenai, contacted me and asked if we coud settle the Stand Off my late husband (John) and the city of Kenai had had. The City owed John, and John owed the city. The City owed John for property taken for a road. John would not agree to the price the city wanted to pay him for it - John owed the City a balance on some assessments. I was in tremendously poor emotional shape at the time, with John dying so unexpectedly and having two little girls to care for alone_ So I said yes, I'd settle with the City. I was the executrix of the John R.Swanson estate, and in Johns Will, myself and our two minor children were the beneficiaries of any future incomes or benefits to his estate. So we settled_ The city sent me a check for $5,313.07_ 1 never did know how they arrived at the figures of what they owed to the John Swanson estate, or what I owed for the Assessments on the Lots that: were part of our minor chi 1 drens and my inheritance from John. When John was sick he transfered most of the property to our two minor daughters (Suzette and Stephany) and myself. But one Lot went to Sonja Ann Letzring, a grown daughter with children and grandchildren of her own - In a letter I reci eved from Tom Manni nen City Mngr_ written Dec.27,1994, on page 2 , it says that me or Ben Delahay didn't know Sonja Letzring owned 6ov.Lot 169. That's not true. Of course I knew John gave her that Lot. Page 2 Evidently the City didn't check the Titles of Record to see who was holding Title to the different Lots involved_ I didn't even know until recently through Carie Graves that there were 6 Lots involved_ I always thought I had paid assessments to our three little rental houses_ The one on Lot 168 and the other two on Lot 128_ A couple years after I'd settled with the City, I got notice that i owed an asseddment for a Lot- t knew I didn't, I'd already settled with the City_ 1 remember Ben Del shay being so happy to get this settled after being on the books f or so many years_ He sai d thi s was hi s l ast of f i ci al act in office, to get these old assessments off the books_ I got hold of Tim Rogers, the then City Atty_ and told him 1'd already settled the past assessments with the former City Atty- Ben Deiahay_ It was soon after this that I discovered that the City had paid Sonja Letzrings' assessment from Moneys going to the John R_ Swanson estate_ There had been a major mistake. I have never paid any taxes or assessments on any of her properties, and she has never paid any taxes or assessment costs on mine and my minor chi 1 drens properties - Tim Rogers was very angry, and said too had _ It was still on the books and I had to pay_ I said No! 1'd already paid and 1 wasn't going to pay twi ce- I didn't feel I was to blame for any mistake made in this whole settlement deal, after all they were the ones who figured everything out_ What the city owed to Johns estate, what assess- ment balances were delinquent and due on our properties_ 1 had nothing to do with all their figuring. All I did was reci eve a check for the balance the City owed Johns' estate_ Page 3 I never recieved an itemization of how they figured it. 1 just believed they settled it - So ' when I recieved a call from a friend one day telling me that a Lot of mine was listed in the paper along with some others and that the City was taking bids on it --I was in shock! Thats when i had my Atty A.Lee Petersen try to reason with Tim Rogers. To no avail. My Atty. decided that in Rogers frame of mind our best action was to let some time pass hoping Rogers would mellow out and that maybe we could reason with him. At a later date mg Atty. tried again and wrote a letter- We just got nowhere. But time was passing and i continued to rent the little houses. I was never molested or interfered with in any way so we just let this thing sit on the back burner. Finally, a couple years back I found out Tim Rogers was no longer in office! I went over to City Hall and met Cary Graves We talked many times over the past couple years and I thought we were moving to get the cloud off the title of this Lot128. I had always recieved positive feedback from him until the last few months of 1994. I had gone to Aleyeska to help a friend with a new business for about five weeks and when I came back the City had come on our land and boarded up the windows,..... which I needed to do any way because one had been vandelized and i didn't need any vagrants in there. I felt very alarmed and violated ,them coming on our property like that . I don't want something for nothing, I only want credit for the money that was taken from me and mg two minor children. Page 4 This Lot is part of my chi 1 drens inheritance_ John built these two little houses with his own two hands, and why the City would take this acre and a quarter Lot of ours like this is unbelievable_ It's just not fair or right or just_ Will you please right this wrong and clear the cloud off the Title of our Lot 128? Thank You very much, Vivian Swanson Suzette Swanson Stephany Swanson ,; ev, & (�- �J� . I I I 1 I I Au 0 NO NAME Swanson, tJ0hn W5S 00271 ASSESSMENTS `t 1967 GENERAL PURPOSE G. O. BOND REDEMPTION FUND OlJ I ,. L-- ;.,�=p Sum: 4,221.03 10 YEAR INSTALLMENT TnTni 5,735.10 " -- i — —1. i TOTAL AMOUNT OF NO. bhp, DAY YEAR I ASSESS. INSTALL. NO. INTEREST i I DATE PAID AMOUNT PAID BALANCE DUE 23G173 -,5r73 .SJ I -7 0 3 I i a ! /� / 7� s /a 702, I -73 5"/ 6 / 73 S 7,7 d7 /7aa 5-3 ,S �713s� dlol3 7 ZiS y.oz3 s/ 5713 s �6' Kq 9z l 7G 5'73 5 / 5%.3` j�c'�137 I 10 1� NAME � S73 ADDRESS Itl tjonn owanson Drawer L, Kenai limn 169 Sec . 31 v t all ? 1 J 14 \ \ J Aj N � W G NAME Swanson., John WSS n L=p Sum: 4,221.03 C:l I Y Ur KENAI �3G 00271 ASSESSMENTS 1967 GENERAL PURPOSE G. O. BOND REDEMPTION FUND 00415 C 71I_ l n INSTALL NO. DUE DATE MO. DAY YEAR TOTAL ASSESS. AMOUNT OF I INSTALL, PENALTY INTEREST rv'I ALLPAMNI DATE PAID 1QTAL -I AMOUNT PAID BALANCE DUE 4+44 at 2 1 ! 3d 7 3 .�7 3 �/ � 9 _� 77 0 9 1 Z S �� C Tf 7/ 30 / 7z. .f 3 S / y 88 42 6 �w( -7 oT7-7 _AAgY 0y /Q7 SZ i�/�s *,93 L7 Iva 3 S'72 S/ tS qsl By dz 9`• 6-71 Ste.+�3 it Sy 571147 NAM[ � 7 ADOR[[[ SS7 Z�o f / IVit 3S 5 Z UT ■LI[. ?yl� O u Wal owansvn irawer L, Asnal 166 See* 31 NAME SH8i19OI1, JOYlTl 8t (� `}- /•—�`V � u/ �JD T WSS 00271 ASSESSMENTS 1967 GENERAL PURPOSE G. O. BOND REDEMPTION FUND s 16 ,-Lump Sum: 1,449.65 r° ' 7 I b, INSTALL NO. Mo. DUE DATE DAY YEARSS. AL AMOUNT INSTALL. OF PENALTY INTEREST cnrt irv,i,gLLMENT TOTAL —y' --� DATE PAID AMOUNT PAID BALANCE DUE t eG z2T 3-701 o a 4L� � 1S7S G8 a s I ; I 7I 7z 1941 663 l� e /� 75�' 7 Q7 l y I170 I9 01� 70•�5 12 3e Wf I Y '7z s 13w 121 s90 Fy 96 9( i 7 Y6 Ig G T..L... 0 a 777 ADDRESS G 114 49 %o fo 121 [ i.nT / O e P2 %� Q� DWG-t) (, Aenai - •• 21 ►58C �v Q IN i Q CD M M a 4 ^ n V 1 IN \ � V V h J I a oo N 00 In rn ` a a. CH Y OF KENAI / 7 / NAME Swanson, John 8e � 00271 ASSESSMENTS j WSS 1967 GENERAL PURPOSE G. O. BOND REDEMPTION FUND 00417 a ,T-iimr Ciim. ), ')M I~7 K 7n7 _ 'An INSTALL NO. DUE DATE MO. DAY vEAR TOTAL ASSESS. AMOUNT OF INSTALL. PENALTY INTEREST DATE PAID AMOUNT PAID BALANCE DUE 417 S 47 .7a 2 �I L a D 7 1 1/t,,63) u V 4 � 71 � 3 y 6 34L 8 l 07r 73 7 �9 9 �7 a Y4� sy I/ 10 NAME ADDRESS ..... John a Swanson I1 -,40x--l-3t7 Kenai / 7/. X1- 19 NAME Swanson, John & Ge CITY OF KENAI D 4�•7 -O Z o .- of o o /.S-O WSS 00271 ASSESSMENTS 1967 GENERAL PURPOSE G. O. BOND REDEMPTION FUND ,,,,Lump Sum; 2,754.32 00 Ills. r INSTALL NO. Mo. DUE DATE DAY YEAR � TOTAL ASSESS. AMOUNT OF INSTALL. PENALTY u TGAFi IN5TALLMENT TOTAL -7 INTEREST DATE PAID AMOUNT PAID BALANCE DUE 3-N 3 9 51 2-/ 3 -70 7/ 1 - 021 8'-7, i fy i9 J 6 7 • e d 7� qs' 7� � Nv ' 9z �� a iiq 7� Z� e/' 9 / oZ %l. 37Y 357 v___,I �3 7r yr qvt 93 g V Lo C i o _ 10 NAME John & �77 GanPl / l A gwmrycmv, 1Z2D --- -.1 , 20 Sec. 6 DtiA W�A . w w ZZ 00 1 w v o°\ v 4 \ n• o � v t.0 w h � � i I . ► n~ + • , • • ^. • :' .`. n n n e�i r�i n R 'n i� i� Ti w Pi ii i ii i a v v ` r $ 1 S Y ie 1 C 91 E1 L 61 1 412 1 6 8 OR J L J ,0 m n N N n U7 ol m ct m 0 0 0 II'1 to to WOl D, .. ,0 o, W W W Y ED Q Q Q I Q p O O ►+ fif U Z U i U Z Z Z.. W Q• Q Q. Y w J t' IA P n 0 ❑ IA m tr P rki Q �•, N F } n F- W O W 0 W 0-1 P Z crm mm cry - P N W IL cr m. W w �0 W .. w- m W •+ cu - •• � 117 2 2 2 1r1. In V) ' N " EnN to- i W.„ w w W F, 0-- ,. 'o in 06 0C) 0O in ❑at ex P m tU r; W .r 117 N Q m ❑ Z `y Y LL .r ? Z ❑ ❑ ❑_ an N a o 10 o �+ m LJ F %,. J Ln U7 If) (A P ¢ N Ul O w n — O n �I O t: W WN W- WIA Qd m 0 0 0 w rx' , w _ W W 4 3.,. Y Q cr N 0 Ir fU 0 Ir N Q m P i xin' • U # U # U at N r W W N s r5. lip Y7 U) N N E lZll �. E.J.. qi i 8 r ';? i . r. � H "Y`tom.. ... i a�' x ? 1 ALM Ji ♦ �'� �+ Q 1 0 N E 1 0 3 E. 10 3 mc+�:. I N, ,MA t r :H� y •,T _ .,� MA t� M Li J m: 1 N N I N m`= 1 N m� I O 1 s•av +. N • (11 N m N 1p N m O J Tt +, ksya Z c tY K , y 4p - rl ••1 r1 .. m O n 1- r t t .M� a T y t•Yr .t. . :.J CU '., _.:. mJ of mJ 0• .mJ' m O vC7 . ,{{ �t .� y a •- i n n • .. `■. w .1. � �`/� � � � � .. � .• `j M n N :v n n n n • • • r • .. u :ITY OF KENAI • BOX 580 • KENAI, ALASKA 99611 MEMO INVOICE DATE aNVOI NUMBER ER 4ACUNT�P DISCOUNT NET AMOUNT }Lje'+'L��'.:1�1^i �r�:% .C.tTt� �^Sj��:i Dili =�777.b� 9/077•6C" 1 ��'•:C 0. Lr.':D FUF!'4aSF i4r>9:�.ia .00 14i,97GT:?5 J'. DETACH BEFORE DEPOSITING --- -- --- --------------- ----------- ---- --- -- -- ---- ---- ---- CITY of KENAI NATIONAL BANK OF ALASKA 3 "3 8 1 E KENAI BRANCH BOX 580, KENAI, ALASKA 99611 89.56 DATE ' CHECK NO. AMOUNT 1252 C'GL LA'S i "7 C-!ITS TO THE SdA1431, V1�r14% ORDER ; y - 4 1 - S7cc') u as CITY MANAGER OR FINANCE DIRECTOR VOID IF NOT CASHED WITHIN 90 DAYS MAR-10-95 FR1 12,01 KF8 CLERK FAX N0, 9072628615 Post -it• Fax Note 7671 Co. POone # Phone N Fax M Fax * Introduced by: Drathman, Navarre, Scalzi, Glick paq°es� Date: 10/11/94 Hearing: 01/03/95 Postponed to: 02/21/95 Amended. Postponed to: 04/04/95 Action: Vote: KENAI PENINSULA BOROUGH ORDINANCE 94-52 (SUBSTITUTE) AN ORDINANCE ESTABLISHING THE KENAI RIVER OVERLAY DISTRICT, ESTABLISHING CONDITIONAL USE PERMIT REQUIREMENTS AND SETTING FORTH CONDITIONAL USE PERMIT APPROVAL CRITERIA WHEREAS, the Kenai River System is recognized as a critical natural resource upon which, to a very large degree, the economic well being of the Kenai Peninsula Borough is depended, and which provides recreational and subsistence opportunities which enhance the quality of life to the citizens of the Kenai Peninsula Borough; and WHEREAS, numerous and adequate studies have been completed detailing and inventorying the complexity and scope of the Kenai River ecosystem; and WHEREAS, the aforementioned studies are unanimous in concluding that the health and well being of the river is in grave jeopardy and appropriate tools are presently not available to control the ongoing habitat degradation; and WHEREAS, the Kenai Peninsula Borough is responsible for land use planning within its boundaries; NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH: SECTION 1. That Chapter 21.05 of the Kenai Peninsula Borough Code is enacted to read: 21,05.010. Kenai River Overlay District. A. The Kenai River Overlay District establishes special requirements for the development and use of land adjacent to the Kenai River, tributaries of the Kenai River, Skilak Lake and Kenai Lake. These requirements are designed to mitigate the impacts of human activity on the river while also providing opportunities for development and uses which will not cause erosion, ground or surface water contamination or adverse alteration of fish habitat. Should a conflict between provisions of this section and any other section of the Kenai Peninsula Borough Code or any other code of the cities of Kenai or Soldotna occur, then the more restrictive provision shall apply. Ordinance 94-52 Kenai Peninsula Borough, Alaska Page 1 of 7 lof 7 MAR-10-95 FRI 12:02 KPB CLERK FAX N0, 9072628615 P.02 B. The Kenai River Overlay District (KRD) shall apply to all lands that are located between the waterline of the Kenai River and 150 feet therefrom, or from the waterline to the line that defines the 100 year flood plain as shown on the Flood Insurance Rate Maps (F.I.R.M.), whichever is further from the river. C. For the purposes of this chapter, "waterline" is defined as the edge of the Kenai River that, in tidally influenced portions of the river is referred to as the "mean high tide line" and, in portions of the Kenai River that are not tidally influenced as the "ordinary high waterline." D. The KRD is an overlay zone. Where the KRD overlay applies, the underlying zoning district provisions, if any, are neither abandoned nor repealed, but are augmented by the KRD requirements. In case of conflict, this ordinance controls, however, cities may enforce standards more restrictive within their city limits should they choose to do so. E. The mayor, with the consent of the borough assembly, may enter into intergovernmental cooperative agreements with the cities of Kenai and Soldotna and agencies of the state and federal ?overnment for the purpose of joint administration and mutual enforcement of this code. 1. The Kenai Peninsula Borough may delegate responsibility by cooperative agreement with the cities of Kenai and Soldotna to hear and decide appeals regarding enforcement of this chapter as applied within the territory of those cities. 2. The borough may assume delegate responsibility by cooperative agreement with agencies of the state and federal government a "one stop" general permitting authority for administration and enforcement of laws affecting land and water uses within the Kenai water district. 3. The intent of this section is to eliminate duplication of personnel enforcing laws and codes applicable to land and river uses; to provide singular accountability for decisions affecting land and river uses and to provide a source of intergovernmental financial assistance to assist the borough in administering and enforcing this code. 21.05.020. Use permit required. A. Except as otherwise permitted in this section, development or use of land within the KRD requires approval and issuance of a use permit by the Kenai Peninsula Borough planning department. B. For the purposes of this section, "development" is defined to mean any alteration of the natural condition of the land or alteration of any existing structure on the land within the KRD. 21,05.030. Classification of areas within the KRD. A. The area between the waterline of the river and 50 feet shall be referred to as the bank area. B. The area from the bank area for a distance of 100 feet or to the line that defines the 100 year flood plain shall be referred to as the protection area. River Bank Area River Bank Area Protection Area ----50'---- --100' or the 100 year flood plain, whichever is further -- Kenai Peninsula Borough, Alaska Ordinance 94-52 Page 2 of 7 . MAR-10-95 FRI 12:03 KPB CLERK FAX NO. 9072628615 P,04 1. commercial logging or clear cutting of vegetation; 2. landfills, dumps, junkyards, storage yards, and the storage or disposal of hazardous waste. ;. commercial or public storage of materials used for snow and ice control including sand, salt and sand/salt mixtures or the dumping of snow from snow removal operations. 4. extractive industry, including gravel and peat removal; 5. septic systems, leaching fields and waste water treatment plants in the first 100 feet of the protection area, 6, use of persistent herbicides, pesticides or other toxicants; 7. hydropower projects, dams, impoundments, diversion channels, navigation channels, off channel boat harbors and canals; 8. commercial agricultural uses and/or grazing; 9. fuels tanks within the first 100 feet of the protection area if the first 100 feet Of the protection area are within the 100 year flood plain. C. Uses requiring permit. 1. bank stabilization which is designed to protect or enhance fishery habitat; 2. open space non -vehicular uses such as parks, wildlife management, tent camping, picnic areas, other forms of outdoor recreation, and associated sanitary facilities; 3. support facilities for water or shoreline -dependent activities; 4. overhead and subsurface utility lines providing that revegetation and stabilization will occur; 5. temporary storage of hazardous wastes and construction materials; 6. commercial, manufacturing, industrial uses and structures which will not cause significant erosion, ground or surface water contamination or cause adverse alteration of fish and wildlife habitat; 7. pipelines or utility lines; S. roads, bridges, driveways, parking lots and paved areas; 9. effluent holding tanks, 10. septic system, leaching fields and water treatment plants shall be permitted in the protection area only if sewer systems are not available; and a. the tank is above around and either double -sided or has a containment basin large enough to hold one and one half times the contents of the tank; and, b. the tank must be so designed so as to contain and prevent leakage in the event of flood waters reach the tank; c. the tank must be securely fastened to the ground so as to prevent tank flotation should waters reach the tank. 21.05.060. Use permit procedure. A. An application, provided by the borough planning department, must be competed and submitted for planning department approval. Each application must be accompanied by a completed site plan. B. The site plan submitted with the application must delineate the following: 1. the plan must clearly show the boundaries of the parcel and the location of all existing and proposed structures, natural resource extraction sites, toxic or hazardous material storage areas and their content identification, septic systems and waste water treatment and/or Kenai Peninsula Borough, Alaska Ordinunce 94-52 Puge 4 of 7 MAR-10-95 FRI 12:03 KPB CLERK FAX N0, 9072628615 P,03 21.05.040. Uses within the bank area. A. The primary purpose of the bank area is to protect the river bank and the adjacent fish habitat. The bank area is also to allow the river to function in a dynamic natural state, thus enabling fish and wildlife resources to maintain critical life functions and productivity. Activities which could degrade the integrity of the river bank, the riparian zone, the contiguous wetlands, or the adjacent waterbodies shall not be allowed. B. The prohibited uses within the bank area are the following: 1. commercial logging or clear cutting of vegetation; 2. removal of vegetation, other than minor cutting or trimming; 3. construction of any habitable structure; 4. groins, jetties and bulkheads, S. upland support structures for jetties, groins and bulkheads; 6. industrial, commercial and manufacturing uses or structures; 7. extractive industry, including gravel and peat removal; S. use of persistent herbicides, pesticides or other toxicants; 9. landfills, dumps, junkyards, storage yards or disposal of hazardous wastes; 10. commercial or public storage of materials used for snow and ice control including sand, salt, sand/salt mixtures and/or the dumping of snow from snow removal operations; 11. septic systems, leaching fields, waste water treatment plants; 12. storage or use of persistent herbicides, pesticides or toxicants for ocher than home or personal garden use; 13. boat launches or ramps; 14. hydropower projects, dams, impoundments, diversion channels, navigation channels, offchannel boat harbors and canals; 13. commercial agricultural uses and/or grazing; 16. fuels tanks. C. Uses requiring permit. 1. bank stabilization which is designed to protect shorelines and reduce erosion; 2. ladders, platforms, boardwalks, stairways and walkways designed to protect shorelines, riparian vegetation and reduce erosion; ;, floating docks designed to protect shorelines and reduce erosion; 4. access to sanitary facilities, day use areas, and campsites; 5. effluent holding tanks; 6. directed and/or collected stormwater discharge; 7. roads, bridges, driveways, parking lots and paved areas; S. storm drains or storm water discharge devices; 9. any excavation. 21.05.050. Uses within protection area. A. The purpose of the protection area is to allow the river to function in a dynamic natural state, thus enabling fish and wildlife resources to maintain critical life functions and productivity. In this area, few activities which could degrade the integrity of the riparian zone, contiguous wetlands, or the adjacent waterbodies should be allowed. Maintenance of a high percentage of vegetation in this area is important. B. The prohibited uses within the protection area are the following: Kenai Peninsula Borough. Ahisl a Ordinance 94-52 Page 3 of 7 MAR-10-95 FRI 12:04 KPB CLERK FAX N0, 9072628615 P.05 treatment sites, wells, fuel tanks, excavations and/or fill areas, sewer systems; a2& 2, the site plan shall be drawn at a scale of 50 feet to the inch if the property is de, less than three acres in size and 100 feet per inch if the property is three acres or more in size; 3. date, drafter's name and address, north point and scale indicator; 4. location of the 100 year flood zone; 5. the locations and dimensions of all existing and proposed drives, parking area, snow storage areas, streets, alleys, sidewalks, walls, slopes of 22% or more, fences and landscaping; 6. the size and location of all existing and proposed public and private utilities; 7. the method, if any, of drainage for storm water runoff, 8. a description of all materials or substances to be used on the property which may be harmfu! to fish, wildlife or habitat; 9. a description and drawing of any existing or proposed erosion control, or slope stabilization measures; and 10. a listing of all state and federal permits which are required in connection with the proposed development. 21.05.070. Notice. A Notice of an application for a use permit shall be mailed to real property owners within a three hundred foot periphery of the parcel affected by the proposed action. Said notice shall invite comments of the recipient and give notice of any hearings scheduled. B. In addition to any other notice required by this code, or deemed specifically appropriate by the planning department, the planning department shall send notice of an application for a use permit on any parcel within the KRD to the following agencies to provide an opportunity for review comments prior to the date scheduled for permit determination: I. Kenai-Kasilof Soil and Water Conservation District' 2. City of Kenai Planning Department; 3. City of Soldotna Planning Department; Recreation; 4. Alaska Department of Natural Resources, Division of Parks and Outdoor 5. Alaska Department of Fish and Game; 6. Alaska Department of Environmental Conservation; and 7. United States Fish and Wildlife Service. C. The above listed agencies shall be encouraged to offer special technical assistance and recommendations to mitigate harmful effects of the proposed use relating to erosion, ground or surface water contamination or significant adverse alteration of fish and wildlife habitat. 21.05.080. Issuance of permit. A, The planning commission, with assembly approval, shall prepare and publish regulations governing administradon and application of this chapter. B. Before a use permit shall be approved for property within the KRD, the planning department must complete a written statement of evidence and findings that the use will not cause erosion, ground or surface water contamination or adverse alteration offish and wildlife habitat consistent with the provisions of this chapter and any regulation adopted thereunder. A permit may not issue without these written, satisfactory findings. C. Any party aggrieved by the issuance: or non -issuance of a use permit, or its included Kenai Peninsula Somueh. Alaska Ordinancc 94-j2 Pive i nl'7 MAR-10-95 FRI 12:05 KPB CLERK FAX NO, 9072628615 P,06 or non -included conditions, may, within 30 days, appeal to the planning commission. Any party aggrieved by the action of the planning commission, may within 10 days, appeal to the assembly. The decision of the assembly shall be final. D. Planning department decisions on applications submitted shall be made within 30 days after filing, unless the applicant agrees to an extension of time. 21.05.090. Regulations. (To be added) 21.05.100. Nonconformity. Ai When any lot, parcel, use or occupancy legally exists prior to the date this ordinance takes effect, but does not meet the requirements of Chapter 21.05 it shall be considered a non- conforming lot, parcel or use. Nonconforming uses may continue but may not be expanded beyond the present lot or parcel boundaries. B. All structures and uses made nonconforming by this title may be continued only on the lot or parcel which contained the structure or use prior to the date this ordinance takes effect. Once the nonconforming use is discontinued, or- the structure not used for the specific use for more than one year, it shall not be permitted. C. It shall be the responsibility of the owner to show proof of continuing nonconforming use of any property or structure which is in nonconformity with this title. D. This section shall not be construed as a limitation or restriction of the authority of the Kenai Peninsula Borough to enact legislation regulating the means or methods of the conduct of such non -conforming uses. 21.05,110. Variance. A. A variance may be granted to provide relief when a literal enforcement of Chapters 21.05.010 through 21.05.060 would deprive a property owner of reasonable use of his real property. B, A variance may only be granted by vote of the planning commission. Two-thirds of the planning commission must find that all of the conditions specified in section C exist. C. All of the following conditions shall exists before a variance may be granted: 1. a literal interpretation of the provisions of Chapters 21.05.010 through 21.05,060 would deprive the applicant of rights commonly enjoyed by other properties in the same area; 2. special conditions and circumstances exist which are peculiar to the land or structures involved and which are not applicable to other lands and structures in the same area; 3. setback requirements cannot be met because of the size of parcel and the subdivision including the subject parcel was approved prior to the date this ordinance takes effect. 4. the special conditions and circumstances have not been caused by actions of the applicant; 5. financial hardship or inconvenience shall not be the sole reason for granting a variance, 6. other nonconforming land use within the area shall not be considered grounds for granting a variance; 7. a variance shall be the minimum variance necessary to permit the reasonable use of the land or structure; ordinance 94-52 Kenai Peninsula Borough, Alaska. Page 6 of 7 MAR-10-95 FRI 12:05 08 CLERK FAX N0, 9072628615 P.07 D. Either party, the planning department or the applicant, may appeal the action of the planning commission to the' assembly, within 30 days from the date of the planning commission action. 21.05.120. Penalties for violations. Failure to comply with the requirements of this chapter, or to engage in any prohibited activity herein listed, is a violation which subjects the violator, whether land owner, agent or trespasser, to a fine of $1,000 per violation, per day. SECTION 2. That Chapter 20.20 of the Kenai Peninsula Borough Code is amended by adding the following section: 20.20.270. Kenai River Overlay District requirements. In its consideration of subdivision plats, the commission shall ensure that streets, easements and pedestrian ways in the Kenai River Overlay District (established at Chapter 21.05 of this code) are designed to minimize degradation of the bank and protection areas. There shall be no direct discharge of drainage, runoff or effluent without appropriate use of settling ponds, oil/grease separators or other treatment methodologies designed to ensure that the discharge is in compliance with Alaska Water Quality standards. There shall be erosion control measures designed to protect the shoreline, water quality and fish rearing habitat. Pedestrian ways shall either be located at least 50 horizontaI feet away from the shoreline or on elevated walkways or elevated boardwalks designed to minimize degradation of riparian habitat. SECTION 3. [THIS SECTION WILL EITHER ADD TO TITLE 21, OR ENACT IN ANOTHER TITLE, A SECTION CERTLFYL1G THAT AN I✓[PROVEvIENT MADE PURSTJAINT TO TITLE 21 IS KPB AP ROVED FOR A PROPERTY TAX CREDIT PLfRSUANT TO, A\,D SUB.IECT TO THE LL IITATIONS OF AS 29.45.046.] SECTION 4. That this ordinance becomes effective upon enactment. ENACTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH ON THUS DAY OF , 1995. Andrew P. Scalzi, Assembly President ATTEST: Gaye J. Vaughan, Borough Clerk ordinance 94-52 Kenai Pcninsula Borough, Alaska pugc 7 0[ 7 e-5 March 6, 1995 Drew Scalzi, President Kenai Peninsula Borough Assembly 144 N. Binkley Street Sodotna, Alaska 99669 Don Gilman, Mayor Kenai Peninsula Borough Assembly 144 N. Binkley Street Soldotna, Alaska 99669 Re: Kenai Peninsula Borough Ordinance 94-52 (Substitute) Dear President Scalzi and Mayor Gilman: It is with disappointment that I read the KRD Ordinance 94-52 (Substitute) offered by the Committee. For the reasons described below, the Kenai River Property Owners Association ("KRPOA") cannot accept this proposal. For many months the KRPOA has worked cooperatively with the Committee and state and federal agencies to develop an ordinance which protects the habitat while allowing private property owners the continued beneficial use of their property. KRPOA attended virtually all working meetings of the Committee, offered testimony at public hearings and submitted numerous proposals designed to protect the habitat along the Kenai River. Regrettably, the current draft ignores many of KRPOA legitimate concerns and unduly and unreasonably restricts property use. KRPOA firmly believes that land use regulations can both protect the Kenai River habitat and allow the private property owners the use of their property for cabins, home and recreational sites. Unfortunately, the publicity orchestrated by special interest groups unfairly single out property owners and cast them as villains in habitat degradation. In truth, private property development has had relatively little impact on the Kenai River habitat. Specifically, ADF&G records show only 2.2% of the rearing habitat has been lost in over thirty (30) years of use and development. Moreover, the Kenai has recently enjoyed record runs of fish. In contrast, the over use of the Kenai River by commercial interests poses a serious threat which this ordinance does not address. The Alaska Division of Parks' reluctance to limit commercial uses, such as guiding and boat rental, and ADF&G's liberal commercial fishing regulations, pose far more serious risk to the Kenai River fishery than private property use. Nevertheless, KRPOA remains committed to reasonable land use regulation tailored to legitimate habitat problems. However, KRPOA remains equally committed to opposing regulations which are so onerous as to constitute condemnation. The following is a list of key issues which must be addressed in the final ordinance: The substitute ordinance proposes two tiers, the Bank Zone, which is fifty (50) feet in width, and the Protection Zone which encompasses the next hundred (100) feet or the 100 year flood plain, whichever is greater. KRPOA opposes use of the 100 year flood plain to define the boundaries of the KRD. To the best of our knowledge, no scientific study supports the need for such a wide corridor. In fact, habitat studies conducted by the Alaska Department of Fish and Game support only 50 to 100 feet. Making the KRD wider than justified by scientific habitat studies is inequitable and needlessly limits property use without benefiting the habitat. To the best of our knowledge, no city, county or borough anywhere severely limits development in a 100 year flood plain. For example, much of Anchorage is built in the 100 year flood plain. KRPOA accepts that some areas my require slightly more than 100 feet to protect the habitat, such as wetlands or areas with feeder steams. However, severely restricting property use in too wide an area unreasonably deprives private property owners of property rights and invites a class action lawsuit. The mere fact that use of the 100 year flood plain is popular with some commercial :fisherman and other special interest groups with no property ownership along the Kenai River is no reason to use the 100 year flood plain. ►rei 44 •Vie I• The substitute ordinance allows existing uses made non -conforming by the ordinance to continue as long as they are not expanded to other lots. However, existing uses can continue only to the extent the property proves continuing use to the Planning Department. This requirement is inequitable and creates the potential for de facto condemnation. What about the temporarily -absent property owner with a cabin closer than 50 feet from the river? Will the Planning Department condemn his cabin if he misses using it for a year or fails to prove use to their satisfaction? This open-ended and ill-conceived provision is another open invitation to litigation. KRPOA is gravely concerned over maintenance of existing structures and property. Many members of KRPOA reside on the Kenai River and maintain homes, garages, gardens and lawns in the Bank and Protection Zones of the KRD. While it seems self evident that property owners should be able to maintain their life's investment, the ordinance does not explicitly say so. Recent actions of some agencies suggest otherwise. For example, 21.05.020 is so vague that it is unclear whether replacement of a roof or window or repainting of an existing structure would be allowed. Would a permit be required to mow your lawn or cultivate a garden? No property owner should be forced to get a permit to maintain existing structures, mow his lawn or do the host of minor tasks every property owners must do to maintain his property and landscaping. Refusing to allow a property owner to maintain his property is nothing more than condemnation over time. 4. Civil Penalties This ordinance proposes $1,000 per day for non-compliance. This level of fine is unwarranted without limiting it to willful violations of an egregious nature. The Borough should be seeking cooperation and working together with property owners, not threatening excessive fines bases on yet to be developed regulations. While I agree that the ordinance must have teeth, those teeth must be used sparingly for violations which severely damage the habitat. Imposing unreasonable fines for de minimus innocent violation is another method of condemnation. :,'� • 111 KRPOA is very concerned over assignment of enforcement authority to federal or state agencies. While KRPOA has long advocated agency coordination in regulations and enforcement, it objects to the vague ambiguous language which allows unspecified agencies to take on enforcement authority without guidelines. In the past, the Alaska Division of Parks has shown itself insensitive at best, and hostile at worst, to the legitimate interests of private property owners. Since Parks is the most likely candidate for assuming enforcement responsibility, KRPOA request that enforcement guidelines be written into the ordinance. The ordinance is riddled with inconsistency and ambiguity which could be interpreted to harass property owners. For example, 21, 05.050 (C) (10) allows septic systems in the protection zone if sewer lines are not available. However, this section goes ahead to say the tanks must be above ground and diked, an obvious reference to fuel tanks. Another inconsistency is allowing homes beyond the first 50 feet but forcing fuel tanks 100 feet further, thereby creating real potential for a fuel line to rupture and leak into the soil. These inconsistencies need to be addressed and common sense solutions found which advise the property owner of "reasonable" and "consistent" standards. Many_ of these practical problems were eliminated in our most recent proposal. The matters listed above are bottom line issues for KRPOA and must be resolved before this ordinance can be accepted by our members. Please do not force the KRPOA and its members into a situation where our only relief form onerous and inconsistent regulations lies in the courts.KRPOA welcomes the opportunity to discuss the matter with the Committee or the Assembly at your convenience. Very truly yours, Will ?seylhairman Kenai River Property Owners Association eKENAI RIVER PROPERTY NEWS* ORDINANCE 94-52oA What?Who?when?Why?How? Amendments WHAT DOES IT DO? Establish the Kenai River Overlay District to control development and use of land adjacent to the Kenai River and its iri6itanes.In effect it is a thinly veiled attempt to initiate zoning for the entire Borough. WHO DOES IT AFFECT? All private property owners on the liver and`a'll those within the 100 year. Y flood plain. This could affect many " properties mules' away from the river - and with no river frontage. WHEN WII.L IT TAKE AFFECT? When : it , is adopted Non- conforming structures will have to prove continual use and may not be added onto or improved This means if you had a shed boat ramp, or cabin within 50 feet of the river you may not be able to maintain it without a permit. That would include painting, replacing windows, or any minor additions. WHY IS THIS NEEDED? Apparently to protect the habitat for the growth and development of King salmon . In reality it is to restrict use and fishing on the river and i.s tnbu- taries to provide more resources for commercial fishermen. Commercial fishing interests propose an even wider District to control more land Department of Fish and Game records show only 2.2% of the rearing habitat has been lost in over thim, (30) years of use and development The great majority of damage has occurred on PUBLIC not PRIVATE lands Kenai River Property Owners Asso- ciation has worked cooperatively with the Borough, state and federal agencies to develop an ordinance which protects the habitat while allowing private prop- erty owners the continued beneficial use of their property. KRPOA Proposes: 1. That only 100 feet from the high water mark be included in the Overlay District. NOT the 100 year flood pI #. ... ' -- - 2. Maintenance- be allowed on HOW WILL IT AFFECT YOU? I all edsting structures without obtaining If you are a land owner yarn ... .. R. will be severally restricted on how and ! a permit ={j what you can do within 150 feet of the 3. Elimination of the one year rivtr� water mark If you are provision for non -conforming use and that the responsibility be placed on the flood plain restrictions may go many Borough to prove non-use. more feet beyond the150 feet In the '.first 50 feet from the river you could 4. All property on the river be �� •structutesalkwaincluded in the Overlay District. no' �'� �• 5. That that agencies control- foets or stairs without a permit rasa od linglic .lands be required to adhere by the Planning Departmem ofthe to the provisions of the Overlay District. Borough6. That enforcement guidelines If you are a fisherman take 'be written into the Ordinance to insure note that this is the first step by vested interest to restrict L fishing on the per administration and control. Kenai Inver and its tnbu=es I 7. That chit penalties for non- compliance be limited to violations that severely damage the habitat Inside This Issue Ordin� 94-52 IWOA Answer . ACTION!! There are manv inconsistencies and ambiguities in the ordinance which could be interpreted to harass property owners. KRPOA does not want to be forced to resort to the courts ,for relief from onerous and inconsistent regulations and hope that the matters above can be resohed before the ordinance is adopted. _�Y'..•r�.�`i _serl..'�...•GI!-<t:.:: �•i3S�t,"�'�ii�'j�t_•.�'•�'a:7ta�'`'=.',.�. .. �tis.. �. iLS��'iE+i�"bi-ji�.ICe�:.?' - � -`--- �t :S'd� iR ��.d �' :=u -; � �- s�z.i, r-' � � � � - — ��•-ajys�:: s�+.�,+�..ie4F� eshr�a+eK=t�e1D�"#T+c�sr.• z �.,_..: - ..�- ��...0 � ;-: y11WYnT - - 4'!+ - �.+r/i1F+r L�1r�1lr11a rrifrl�i' ��ii�d' - Ss �u V� j�n:rL�r �.,�p.�e.. �:?� a _ y ,.�" a. -a �k`"� y'=•�''%. y `i O1rlw.l.Y a�llll.Sa� - A-f,, VA __ a, _ ,.�_� -_. ..-,x..:,�,� •-� ��,�;�'anss s� a s7,t :.,.a�riM.,.. •-r.'y�.,,�.,,,,F--.�'.s�. ya.wr+.........:�w+r�+.w..�++r�.•.a.e-.nya.w..±�.+.s7ev.mx.p�a�Wlii�yR'�►w•o: i++r�ltlalrru.�'=:++earrYwr'w�.�el��.�: - c xo ? .4Af SIUMIPAN Uqof lN _ram ._ �. .. M ;�. : lc.K i�c.'�� �- s *�: �: � ti�"F .�• '_ ,e'?': ,.t�.r'i--. _ 040E xd dNI=os '` k - - XOS Od �. �vO,awl a � :._ , .I.�I�i3d ?I'Il1H : _� �� �: ,*� _ �- � � =.'' � :a ss��n� �r.,r�,, •.,.� : � � , adOHd HaAlH IVN59M w YiRS"je :'.: C3.ili �:4 .Y.' !SRfVIY3 f��•.i �+-� _ Y tudL lPIg noio uidL a213-IO MV �ui�aauu v0dUm tud0£: L SPIS qgnojog i i 2uua2uz :IquassV. t _-. Hit 'II-ddV 53Z�Q i .ems{�'a'f'_�Y .� �. •,,,...9i9s'Ii86 Z9Z `�f�I?�J ,. `t19LIft ` ftD 4pH ..., LozL-sEt `amqxsQPIvow2I. 660t-E8Z`01 S8-9LL `aAWIH Vvf T � ._--A .. . 'L9E9-Z9Z dA 3POOW aaxS ' 8LZtt `6SE9-Z9Z -=d majQ Z8It'Ittt•Z9Z =wm u0Q lakm ..1UCqd 69966 mTMV ` MMOS `#=US 4 � { �oPNiH 't�I ttt rn �� Agars 4 gd Pm_i�YII �oqi .01 si�i»I. nuPPd SKI!'su2doid ami pmoid of iasuodan sT Suaq=na •. �.. -L:_`Y :,••} '�-, 4 an Pam of astd pas mum -IPiO snti . uo SMOIA rood boat magi »i of ouogd io mu /b 'ottm sigi 8utaioo L6EZ`E9SS-tZZ ''UItM QqMI -uoo ottgod oqi iaoi; JMuoo of Zts 006E-L.% `Osmrd WRMN ; -aos etas um ioemNt Pam f4garssd 2, N0I1av SAaM 1 IIOdO'Hd UaARi IdMaX - Z aged C-I Suggested by: Administr City of Kenai ORDINANCE NO. 1633-95 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $343.84 IN THE SENIOR CITIZENS - BOROUGH SPECIAL REVENUE FUND TO HIRE A PART-TIME GARDENER FOR THE SUMMER MONTHS. WHEREAS, through February 22, 1995, the Senior Citizens - Borough Special Revenue fund has received approximately $7,000 in miscellaneous donations and will continue to receive donations through June 30, 1995; and WHEREAS, donations will exceed the budget estimate by at least $4,000; and WHEREAS, the Senior Citizen Program Director requests the hiring of a part-time gardener to care for the yards, flowers and surrounding area of the Senior Center. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: Senior Citizens - Borough Increase Estimated Revenues: Miscellaneous Donations $343.84 Increase Appropriations: Salary $304.50 Medicare FICA 4.42 18.88 Workers Comp 14.52 ESC 1.52 343.84 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of March, 1995. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: March 1, 1995 Adopted: March 15, 1995 Effective: March 15, 1995 Approved by Finance: (2/22/95) kl Suggested by: Mayor Williams CITY OF KENAI RESOLUTION NO. 95-13 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, SUPPORTING THE ALASKA MARITIME NATIONAL WILDLIFE REFUGE'S PROPOSED ENVIRONMENTAL AND VISITOR EDUCATION FACILITY IN HOMER, ALASKA. WHEREAS, the State of Alaska contains more coastline than any other state and this marine environment supports important fish and wildlife species upon which this nation and the Kenai Peninsula Borough depend; and, WHEREAS, the public's knowledge of the marine ecosystem is necessary to provide protection and continued wise use of the ecosystem; and, WHEREAS, the Alaska Maritime National Wildlife Refuge was created in 1980 to manage 3.5 million acres of offshore islands and coastal habitat where more seabirds nest than on the remainder of the entire North .American continent; and, WHEREAS, other Refuge resources include Steller sea lion rookeries, otters and other marine mammals, hundreds of species of migrating birds, volcanoes, and Native, Russian - American and World War II sites; and, WHEREAS, the extreme size and remoteness of the Refuge makes personal visitation difficult while the proposed visitor center in Homer would be accessible; and, WHEREAS, the proposed 51,000 sq. ft. Facility would include a visitor center, Refuge office, bunkhouse, warehouse, shop, and vehicle storage area; and, WHEREAS, the Visitor Center would house 5,000 sq. ft. of exhibits on the marine resources of the Refuge, a live seabird exhibit, environmental education classroom, laboratories, outside activity area, nature trails, and an auditorium and Refuge film; and, WHEREAS, 100,000 visitors are expected annually, including at least 4,000 students who will participate in the Facility's environmental education program; and, WHEREAS, the completed Alaska Maritime National Wildlife Refuge Facility will provide an affordable and accessible learning opportunity about the entire marine coastal environment to students, residents and visitors; and, Resolution No. 95-13 Page 1 of 2 WHEREAS, a 60.5 Acre site was purchased in Homer by the U.S. Fish & Wildlife Service in 1992, the first phase of design was completed, and the money has been appropriated by Congress for the remainder of the design. NOW, THEREFORE, BE IT RESOLVED THAT THE COUNCIL OF THE CITY OF KENAI, ALASKA, urges the President of the United States, the Secretary of the Interior and the Alaska Congressional Delegation to continue to support and obtain funding for the completion of the Alaska Maritime National Wildlife Refuge Facility in Homer, Alaska; and, BE IT FURTHER RESOLVED, that copies of this resolution shall be sent to the President of the United States, the Secretary of the Interior and the Alaska Congressional Delegation. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of March, 1995. John J. Williams, Mayor ATTEST: Carol L. Freas, City Clerk Resolution No. 95-13 Page 2 of 2 03/06/1995 10:02 HOMER CITY MANAGER **** 1 907 235 3148 P.01 OF ~p u ITY OF HOMER f f GALL TELEPHONE (907) 235.8121 1 $l_PIONEER AVENUE HOMER. AK 99603-7624 TELECDPIER (907) 235-3140 DATE:i (�J/ 4% 3o1`� AiON 3 C C ' 7 .ti rIrsE, /OC)L Numboilpf jft4s including this cover sheeC t. IESSAdg: 1F'1 A 1 CONFi 'U. 16' % NSMISSION i f-A g. 5 YES��, NO 03/06/1995 10:02 HOMER CITY MANAGER **** 1 907 235 3148 P.02 City oMoldo 0a - i 177 North Rlreh 4' 4nldoMs, Alaska 99669 • Phone: (907) 262-9107 13 October 1"4 John L. MaWn Refuge MagCoNtoonat r A14sks MaWildlife Refuge 23$5 Kac ak S#y Drive, Suite 101 Htfiner, Al es 99rM Mar Mr. N%rtin The City of SdIdotna adds its endorsement to a proposal for a new Hekdquarters Complex for the Alaska Maritime National Wildlife Refuge as described in Alternative -2 of I%e Environmental Assessment Report. i W4 especially support the proposal for a 5eabtrd Aquarium because thi9 attraction would hel diversify cultural and recreational venues available on the Kenai P4hinsuia tr our &towing tourism industry. The Aquarium is likely to entice visitors to spex%d4nolher day in Homer before or after a halibut fishing charter. These are t4 kinds df investments. which will help to bring new and repiat visitors w the Kona)' We all' benefit from this economic activity, but the sates tax revenue detived fro$l increased visitor traffic would particularly help our School District. Si erely, sl 03/06/1995 10:03 HOMER CITY MANAGER **** 1 907 235 3148 P.03 OCT-12-94 WED. 1513 Wo. 01 TY OF SEWARD FAX NO, 9072.243248 F. 011 s 1 CITY10F SIWARD P.O. sell IV UWARb, ALASKA 99664 CIE 't Ovwber 12, 1994 i� To: U. S, Fish & Wildlife Service Ham. Alaska I • MO Office (907) 3 •3331 • P01" (907) 224-33311 9 Hsroor (907) 224-31 8 9 fires (907) 224.3441 o Telekopler (907) 224 41 Re; Nutional Wildlife Rohlga Contar Htukuartzrs Project ! On behalf of the City of Seward, I %viih Lu cuntinn the city's Ul support foi flulding and coast;uction of the N. adonal Wildlife Refuge Center Headquarters in Homer, Alsiska. At lust P lmice. this would a pear to he mLr'icJy a llvmer pro .jeet; ho max, we feel very strongly g t wt tiffs project is rogional in nature and has tltc pot;rttial to benslit ull of the K6ial Petitnsula mW SouthcsMral Aluuk& The City of Sewweud urges topm ciautivcs of tho 1 lsh and Wildlito 3arvice to endoW. Option No. 2 which will provide Reel funding for the ontirc project. 9lacercly, The City of Seward, Alaske Dive W. Crane . N�►yar i ,• i 03/06/1995 10:03 HOMER CITY MANAGER **** 1 907 235 314e P.04 Inttodaoed by: 1 Dm ah Dun: 12W)99 Aodon: AdoPbd voa: UnaamwN KFNAT PRNTNSTILA ROROU(IH RESOLUTION 93-131 A RESOLUTION IN SUPPORT OF THE ALASKA MALICE NATIONAL WMVLIFE RMGE'S PROPOSED ENVIRONMENTAL AND Yl ftlt EMTCA77ON FACTI.TTY TN HOMER, ALASKA i "SnEAS,'the Stan of Alaska contains more coastline than any other state; anj i VV#MFAS, ` the henith'of thet marine environment snpportc important fiah and wilAlife. spwim% upon which this nation and the Kenai Peninsula Borough depends; apd i WHEREAS, the public's knowledge of the marine ecosystem is necessary to providp protection and continued wise use of the ecosystem; and VV9EREAS, 'the Alaska Maritime National Wildlife Refuge was created in 1980 to menage 3.5 million xtim of offsltuie: islands and uLr"w l►auitat dtat extesttdh fivP1 Fcsrmcictr Island in southeastern Alaska to the tip of the Aleutian Chain and iwth to the Arctic-00atn; and WHEREAS, ' more seabirds nest on the refuge than on the remainder of the ebtire North hunctim, %:wsthirml; assd i WHEREAS, seabirds ate the principle resource, other refuge resources include Steller sea lion rookeries,' otters and other marine mammals, hundreds of species o� migrating birds, volcanoes, and Native, Russian -American, and World War 11'sites; and VVIEMAS, the extreme size and remoteness of the refuge makes pamonal visitatlon difficult whicc the proposed visitor center site in Homer, Alaska is arAmsible- and WHEREAS, the proposed facility would include a 16,000 square foot visitor eenW, a 10,000 square foot refuge office, and support facilities misisting of an 8,000 square foot bunkhouse, a 6,300 square foot warehouse, a 6,600 square foot shop, and a 4,000 square foot vehicle storage area; and WHEREAS, the visitor center will include 5,000 square feet of exhibits on the marine resources of the refuge, a live seabird exhibit, environmental education classroom, labs and outside activity area, nature trails, and an audhodutn and nfeswftlnl; and K�ad P+oin.�a. �grbyal�l,:.UdM� ►�11f 4',1.191 INV 1 of 2 I f b.5r0bi1995 10:04 HOMER CITY MANAGER **** i 907 235 3148 P.05 WHMEAS, 100,000 p4ople are expected to visit the, facility annually including ati least 4,000 students who will participate in the facility's environmental educatidn program; Ypnd VMEREAS, the c,utnl,l" Alaska Maritime National Wildlife Refuge facility will provide Ar affordable and accessible learning opportunity about the entire marine coastal environment to students, residents, and visitors; and WHEREAS, .a 60.5 acre Homer site was purchased by the U.S. Fish and Wildlith Service in 1992, the. fast phase of design was completed, and the money has been avprop:iated by Congress for the remainder of the design; NOW, THEPMRE, BE IT RESOLVVD BY THE ASSEMBLY OF TIk)E KENAt PENINSULA160MUGH: SECTION 1. That the Assembly urges the President of the United States, the Secietary of the Interior and the Alaska Congressional Delegation to continue to support and obtain funding for the completion of the Alaska Maritime Natiotmi Wildlife Retltp f&ility in Homer, Alaska. SECTION 2. That copies of this resolution shall be sent to the President of the United Stated, the Secretary of the Interior, and the Alaska Congressional Delegation. SECTION I. That this resolution shall take effect immediately upon its adoption.' A00pTED BY THE KRNAI PENINSULA BOROUGH ASSEMBLY TRIS 7th DAY OF DSCCEMBE& 1093. A't*I'EST: I f (1 f]7l . I 1 l-� P �. • 1 Pap 2oE2 v TOTAL P.05 CITY OF KENAI Oil 0,� 4 414aJAZa it 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 trftry IIII�1 1992 March 8, 1995 John L. Martin, Refuge Manager Alaska Maritime National Wildlife Refuge 2355 Kachemak Bay Drive, Suite 101 Homer, AK 99608 RE: NATIONAL WILDLIFE REFUGE CENTER HEADQUARTERS PROJECT Homer, Alaska Thank you for this opportunity to confirm my full support for funding and construction of the National Wildlife Refuge Center Headquarters in Homer, Alaska. At their regular meeting of March 15, 1995, Council will take action on a resolution declaring the City of Kenai's support for the Center as well. The Alaska Maritime National Wildlife Refuge is extremely large and remote, and protects a wide variety of seabirds, marine mammals, volcanoes, Native, Russian - American and World War II sites. Placing of this Visitors Center in Homer will provide an affordable and accessible learning opportunity to students, residents and visitors. Tourism is a major contributor to our economics. The placement of the Center in Homer will be a great advantage to all of us living on the Kenai Peninsula. Sincerely, CITY OF KE1 / lohn . Williams Maydr JJW/clf DEPARTMENT OF REVENUE ALCOHOLIC BEVERAGE CONTROL BOARD Carol Freas, Clerk City of Kenai 210 Fidalgo Suite 200 Kenai Ak 99611-7794 Dear Ms. Freas: TONY KNOWLES. GO1 550 W 7TH AVE ANCHORAGE. ALASKA 99501-6698 February 16, 1995 We are in receipt of the following application(s) for renewal of liquor license(s) within the city of Kenai. You are being notified as required by AS O4.11.520. Additional information concerning filing a "protest" by a local governing body under AS O4.11.480 is included on page two. BEVERAGE DISPENSARY /KENAI MERIT INN LARRY'S CLUB RAINBOW BAR & GRILL KENAI JOE'S RECREATIONAL SITE PENINSULA OILERS CC; KENAI PENINSULA BOROUGH RESTAURANT/EATING PLACE ITALIAN GARDENS CLUB BPO ELKS LODGE #2425 CITY OF KENAI It it .2.1" 4 41 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-779,, TELEPHONE 907-283-7535 FAX 907-283-3014 trokyl r a..eon 'III'1 February 22, 1995 Alaska Construction Enterprises, Inc. 260 South Willow Street Kenai, AK 99611 RE: 1995 LIQUOR LICENSE RENEWAL We are in receipt of your 1995 liquor license renewal application. A copy of the application has been forwarded to the Kenai Peninsula Borough for review and notification of any real estate, property, or sales tax amounts owing. Kenai Municipal Code states the following: 2.40.010 Obligations to City: It is determined to be in the public interest that holders of or applicants for licenses issued by the Alcoholic Beverage Control Board of the State of Alaska shall have all obligations to the City of Kenai on a satisfactory basis prior to the City Council approval of any activity of said license holder or applicant. (Emphasis added.) 2.40.020 Approval by Council: Prior to approving renewal of any liquor license by the City of Kenai, the Council shall enter findings in the minutes of the Council that the afore -described liquor licensees have satisfied all obligations to the City of Kenai or that the applicant has entered into a City approved payment plan with the Borough or City on any obligations owed to the City and said applicant is in compliance with said payment plan. After making such finding, the City Council may grant the approval requested. (Emphasis added.) Obligations to the City of Kenai include Tease payments, water and sewer payments, hotel/motel tax payments, property purchase payments, as well as those taxes collected by Alaska Construction Enterprises, Inc. February 22, 1995 Page 2 the Kenai Peninsula Borough and listed in the first paragraph of this letter. Of those obligations collected by the City (water/sewer, lease, hotel/motel taxes, etc.), our records indicate the following amounts are owed: Water and Sewer - $673.60 (to 2/1/95) Hotel/Motel Tax: November and December 1994 January, 1995 The above amounts must be brought current by March 15, 1995 (as well as any amounts owed to the Borough) in order for the City Council to approve the renewal of your liquor license. If accounts are not current, a letter of protest will be forwarded to the Alcoholic Beverage Control Board. If you have any questions, please contact me at 283-7539. Sincerely, CITY OF KENAI m io �.0 > oco a � 0 au D � � c Carol L. Freas N '� City Clerk ,o s s _ E U N Q ` N > � 7 > clf 'd y 0 X CC 6 0 N W SENDER: • complen itene-1 wq • C-np w Itsrrr - 3 �? • Print your n=w / 3 rettrn this card to V rX t1V E U • V � > o N ?� N N 8- Z N y Y = y n 0 _ a p v< R OJ m LL o m ¢ E u c° Y 76 a o 3 0 - 0 a • Attech this iotm i doss not permit. • writs "Rear" RAC • The Return Reee0t will show W whom the srticls wss os�rversv . e dsllvered 3. A� rticle Addressed to: W r cl.Ek.. E66I. 40j$w `o08£ 000=1 for 4a. Article Number 4b. Service Type ❑ Registered ❑ Insured Certified ❑ COD Express Mail ❑ Return Receipt for Merc andise VDate Deliye�rysee's Add ess (Only if requeste is paid) W 6. Signature (Agentl i 21. PS Form 3811, December 1991 * t DOMESTIC RETURN RECEIF 2t small, 0110111111111111. 7 El OF -WOUOR LICENSE APPLICATION PAGE We W. MM Assume And SWmg%AbolinM (Pleasermd separate Instructions) ONM PWIM, I and 2 Im, go AM bourL O07)��—"f-,4- —Ia,-..- Two vow 0 Two six v mx* pedods in such year of Via bbrkadpenodbegow*V —wW*rK"— SECINK A. L&M lNrQRMAMK K- be fin "tome TWoollAppilmillivic ,-rU--Tpg Mass, Mmismince I Fair Umm "101 am 01,111. 400 1995-19ft /41'. rim. to, Beverage- 9 61 ft9 2-01 0 14113 5 Nome wboused onpeas "norlmodrembib W Is 10005M of Prornbee v 900 am or ism Mn 60 ff&m hurn to trorarewfae Ole (Incoroormad city, bomuo or unrad municipa"? Cb*W 90" OrWAW$: I Drys mummoured urow Clossel Church: 0 A804.11.410 OR El Greater sea, so nows 0 Lose was, so mom 0 Not AppOoeble ❑ Local OrArrarra No.: Prwr*m to be licensed is: 0 Plum euerrobe 10 FIN Marshall (Floquired for now and proposed arawlOH 0 E-9 Facility El Now mmy 0 Proposed may ff] Dftrw" of Prounlerm Alludmid P"abod for as Now end Rolocabon qVilcmitions) SECTION C. RENEWAL INFORM"ON. Must be =MWW for Rwmvai appacge". Has warred preffluMworm alcoholic beverages am Hw me etatenrem of 6narrciN irrrraer dwrpse ham the PACKAGE STONE. lothwo mrrewer of No WNW soid, served, corwaffned. possessed andfor Fume Oesn L@M stalement wjbngdod? "olice mqu. under 15 AAC 014.6015 to soli aboholt dwqod born the led drprrrr vibinifted? bovempem in nperre ID William oxclamr? 0 YES EJ NO 0 YES NO 0 YES 13 NO SECTION D. TRANSFER INFORMATION, mkmbe=nwiobd'wTmwwotuowmmmwadRwoorder, app0orbrr any. 0 kwoMawyTnwa$W.AONhOMMWUVWgd c ValwWWWWA1104.1111SM. 0 ftgdw Thnmlw. AM 60MMON ammiled uresr AS 04.111.6711 Ow purposso ON aPPMM A@ 04.11 J110(4)(B) Is a low 0 mkx bra fed. new be IM with 26 eppsaian (ISAAC 104.104 PA@i orpersonal proper locivey wrillilhisbanolubc (Aiadr urea Shows 0 noonnry) %Wml(s) and MMM Ad*en 0 Current BEFORE TRANSFER Do" &m1norm AS: MuWwww Hum) BEFORE TRANSFER Sbeel Aadrew or ummdon SECTION E, CORPORATION INFORMAT101 1. VAM be completed It appft@M orcomooftent is a amponibm. (AS 04.1 I.M) Corporate Marna Fzt--rprj.-,--z;. qj- Ockv B,rnws As (Business Miami Kenai ^lerit Inn Draw of a ompaidbn in Alooks Atril 23, 1990 ;illow St Sired Address or Loamilon at Business, 260 S. !.'illow Oly. otaw. Mo code e—nai. %,,, 09611 City and Stab Q9611 !,T: — C4fP*rWo Offbe Phone No. Q07-283-6131 lothemboro—ved-cim N, In good sionding with " SkEW of Alaska. DeprMwn of Comism WW Eammmmic Doevelopmunt? YES 0 NO Flegbolored Agervi (Name and I Joe Arnesr-7 �Ox 692c AgeWs Alaska Residency yours: " - Writhe: Agsnft Me too. CORPORATION DOVICTOM AND WOCKHOL10illililill (Us* eOdNorW sheer v noowamy) % or Shares of Full Morns Mo not use k*Amk) Honr Addsw Deb of Mo Own -hip —`73n IJ-trygrove. !urn ;-D.97"!- "''23!; ;h� A,npc--, -,i, A:- TH13 AREA OFMC LRM OMY Lrww "Ndw Dam Apprwad Dirsdaft 84mam ;om E%4-m1 Page 1 (Flev. ZM4) j. ALASKA LKxjoR LICENSE APPWATm SECTION F. l6 PAGE 2 OF 2 erpsr+eltY.r. ■tn saaaaa�aq. R. IVIDUAL/CORPORATE OFFICER RFORMATICN. The tdeMg nionnobn name be prarrbed ter eaoo /p - or 4PrnMM «wePplsra Y • owprrlMl, M a�ala e,Yd carat aroYtda M Pwaldwt vtoe�watlwd lfasatry so TMMF& al f+10� FUN Horne (Do not see YrYe) RA Noma (Do net use had" Joe Anderson Lila .lean Arn ec flAalYq Aas..a fdtfr/ Addfws 2230 Petty'Rrove �'-- P.O. box 6929 aq. Sea. npcea. CRY. seas, ZIP code t Portland Oregon 9721r ttsrrr Addrsw n dMrwa Trap giYYft/addMp- , ' Home Add.w (r d0arara kom mtlYrp addass) v ---�� --- --- --- 48550n h ' c Qq 5 Deft of aYtlr Home Phww Work Rime Die of oYtl� Hear Phone oak plane "'/23/54 503-640--7AL, 503-226-3677 o/9/ ? gn7_77,�-R Qo Qn7-11"— j° LangM a AYaka Reabwag nepgcentraompaanoakluiuynwco4)W OUMWyou L*FgM*1A1Wa repprcerh is*,, �elbn. kkrrMrMoapatieMlwtrou 'Yeah - Lrorrtlr • hob. . • j �.-• �• " . t� _- Yom _ asorrtlrr� 0 President 15 V• ce 'resident Fur Neer (Do not ufe Whim) -- �---- - Fur Nwrw (Do not use Yrtls) Joseph Conrac Arness �q " ' A4eRq Adr}aw P.O. Box 6929 Cy, SwY. 23P Code CRY, Slaw, 21p Code Home Adbw (r dMwem from meOq mWeve) home ACOrws (r dMarar t hors mrap amwee) 4c»0 bach 'rive, ';i::is:_� oct,-� DIY of am Flo"' Phone W- Pirorw Deb of Oft Home Phwr wok Phone /9/51 907-77e— 7c p07-2--'-61-•! LengM of ANOW Reelds" rapylcamISO tatporslbn.MabyVoomponteolsoeyou LW" ofAWM rapprc>rRraowporsHombawrytlrocepwaboabyou Year Mwefw hob' held Yfan hbrrtlw Dow any brdadthm i or oorporata oftlow rrwrrd ebmv now have arty beet or' YrrraM n wy 00m aioMtoae ttavwMge buaneu aewred In Alwla «any oliwr MMe7 Q No ❑ YES r Yea, glw err, tree of huekmom end ad*aw i - r rwwr frrYig filed or aaoa filing of Ow last appiation, has any indvid" or corporate ~lived above been oortvicled of a lebrry, a valabon of AS 04, or been owmcied r as a roarraaa «manager of Harmed pramiwa n WmWW see of f1w rpuor laws of that 400 © NO ❑ YES r yea. PYM GW— en wP—Moat of Pep«• SEC110H H. DECLARATION, LOW be read arw oftVad by each approera_ I declare under penally of perjury that I have examined this application, including the accompanying schedules and statements, and to the best of my knowledge and belief it is true, correct and complete, and this application is not in violation of any security interest or other contracted obligations. I further certify that I have read and am familiar with Title 4 of the Alaska statutes and its regulations, and that in accordance with AS 04.11.450, no person other than the applicant(s) or licensees) 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. 11 appdcatlon Is for a Beverage Dispensary or Package Store license, I certify that each applicant named on this application has reskfed 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. SIONA SS OF CURRENT LICENSEES (APPLICANT)SIGNATURE(S) OF TRANSFEREES) i�s�vh FJnra 5.rnes5. ister.� soon Subearbad ana sttom fe before rrn 2ft Subtvbed wild awom to betwe me f t day of -.�rr,m-,,.r day of .19 _r NOTARY PUBLIC IN AND FOR ALASKA { z-- 4'� - NOTARY IN AND FOR ALASKA Wool imam wpY„ wo—ftWon fad„= Form 04-901 Page 2 (Rev. 2194) - Ar • � �. DEPARTMENT OF REVENUE f ALCOHOLIC BEVERAGE CONTROL BOARD Carol Freas, Clerk City of Kenai 210 Fidalgo Suite 200 Kenai Ak 99611-7794 Dear Ms. Freas: TONY KNOWLES. 550 W 7TH AVE ANCHORAGE. ALASKA 99501-6698 February 16, 1995 9�0 FEB r> or We are in receipt of the following application(s) for renewal of liquor license(s) within the city of Kenai. You are being notified as required by AS O4.11.520. Additional information concerning filing a "protest" by a local governing body under AS O4.11.480 is included on page two. BEVERAGE DISPENSARY KENAI MERIT INN LARRY'S CLUB RAINBOW BAR & GRILL KENAI JOE'S RECREATIONAL SITE PENINSULA OILERS CC; KENAI PENINSULA BOROUGH RESTAURANT/EATING PLACE --1TALIAN GARDENS CLUB BPO ELKS LODGE #2425 FEB-22-1995 14:57 FROM KPB FINANCE TO C/KENAI P.01 KENAI PENINSULA BOROUGH 144 N. BINKLEY SOLDOTNA, ALASKA • 99669-7599 BUSINESS (907) 262-4441 FAX (907) 262.1892 February 22, 1995 Post4t'd brand fax transmittal memo M im Peges " ,-- Ca 0"t. Rem r FoxN� 6 _ 1 Fac M City; of Kenai Attn: Carol L. Freas, City Clerk 210`Fidalgo Ave., Suite 200 Kenai, AK 99611-7794 RE: Liquor License Renewals PENINSULA OILERS - RECREATIONAL SITE AITALIAN GARDENS - RESTAURANT/EATING PLACE BPO ELKS LODGE #2425 - CLUB Dear. Carol: DON GILMAN MAYOR Please be advised that the Borough will have no objection of the above noted liquor license transfer(s) based upon unpaid taxes. The :sales tax account registered for the business is filed through the required filing periods and the tax year of 1994. The :business personal tax accounts and/or applicable individual tax accounts are in compliance at this time. Please send us a copy of your City Council approval/objection letter for our records. Thank you for your cooperation in these matters. Si cerel , Gina Derleth Delinquent Accounts TOTAL P.01 CITY OF KENAI `► Oil C'apiW 4 4,Gr&.,cla ►► 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 kvftvl WAMM '1II1► i"z February 22, 1995 Italian Gardens c/o Filip Filipovski 11844 Spur I-Iigwhay Kenai, AK 99611 RE: 1995 LIQUOR LICENSE RENEWAL We are in receipt of your 1995 liquor license renewal application. A copy of the application has been forwarded to the Kenai Peninsula Borough for review and notification of any real estate, property, or sales tax amounts owing. Kenai Municipal Code states the following: 2.40.010 Obligations to City: It is determined to be in the public interest that holders of or applicants for licenses issued by the Alcoholic Beverage Control Board of the State of Alaska shall have all obligations to the City of Kenai on a satisfactory basis prior to the City Council approval of any activity of said license holder or applicant. (Emphasis added.) 2.40.020 Approval by Council: Prior to approving renewal of any liquor license by the City of Kenai, the Council shall enter findings in the minutes of the Council that the afore -described liquor licensees have satisfied all obligations to the City of Kenai or that the applicant has entered into a City approved payment plan with the Borough or City on any obligations owed to the City and said applicant is in compliance with said payment plan. After making such finding, the City Council may grant the approval requested. (Emphasis added.) Obligations to the City of Kenai include lease payments, water and sewer payments, hotel/motel tax payments, property purchase payments, as well as those taxes collected by Italian Gardens February 22, 1995 Page 2 the Kenai Peninsula Borough and listed in the first paragraph of this letter. Of those obligations collected by the City (water/sewer, lease, hotel/motel taxes, etc.), our records indicate the following amounts are owed: Water and Sewer - $245.57 (to 2/1/95) The above amounts must be brought current by March 15, 1995 (as well as any amounts owed to the Borough) in order for the City Council to approve the renewal of your liquor license. If accounts are not current. a letter of protest will be forwarded to the Alcoholic Beverage Control Board. If you have any questions, please contact me at 283-7539. Sincerely, CITY OF KENAI Carol L. Freas City Clerk clf sSENDER: Complete a • Complete isms Print your name m nftm this card to a • Attach this torn does not permit. L • Write "Return Ri « • The Rstum Race _ - delivared.— 3. Article Ad( PS Form 3800, March 1993 _ _ E_ v � P � .r a y, Lu �27c Z ti� FEB T CC 5 Signature (A dressee) c W ZI CC6. Signature (Agent) � 0 0 r a PS Form 3811, December 1991 L-b" �,vz 0 a O O O CD CDco35-RO 'M O (� O p O a �o �o���o 3 �CD o v c� o — c a 4a. Article Number e - /07 66;?g 7 4b. Service Type ❑ Registered ❑ Insurea Certified ❑ COD press Mail ❑ Return Receipt for Merchandise ''Age of ' very 8: A ssee's Address (Only if requested ar ee is paid) 0` ao DOMESTIC RETURN RECEIPT Smoot LIQUOR LICENSE APPLICATION PAGE t OF 2 AlcoholicBevarape Can" Nsard aw w. 8 l - - AN~ (Please read separate 1nsY Ya1 ons) a«w titi, and: to Ma AND Dead. Anaraora % AblarMW "M S #W V W I"& MOSS ! Tay epplratyn Is for. "wilt afe) Q Two Year ❑Two our month periods inar ofeach yethe bemW tlsrxd ad DeperwW —hending FM A. EN NFO MATT N. UAW to CO1Pt'� for aR tYPea al MPPNM lard Statute Refer si For LlcMee Fedaral EIN IJca— Ft1s s 4 o ' . . Type d Apploellon. �' L — v 7- L u i , L Sec. 04.11. — y o J S FlIIInq Fee: ❑ Nw _ ._ :: c wlmn . 1 ) OR ❑ ouytde DY Na1w/Rtlrtwral 1. 100.00 ' ivAl Transfer S ?Oq DO a PAN Cumam llgnor Lkense NrarDw 1f been exercised or active at least 30 fight -hour penalty (N ❑ TrwW1W cf days during each of the two preceding Calendar lasers? (AS O4.11.330(3)) applicable) i rsle1111Kad License Holder r�'-1t tt no. appRe " will be dnMad unless wrMM request for by the Abohob BNwsq* `S wearer of operwbn le approved s ❑ 0 NO Enter applesnt's or trarwfere*s narrr sad nntllktq Bussless As (Buaness Corarmm�ity Courncl llanr end IAsy4 Address knouce- (SOD) address se itshould appear on the losrrse: _ _ i an G a r a zw ::.:Lh` .aa� SCL�a l: kvaa, n Y _ Addr... or tacrwn Cn 1184.1 .S nu: )i';; Business Phone Nunoer(s) ❑ THIS 1S A NEW MAILING ADDRESS E TION B. PREMISES TO BE LICENSED. ►AM to completed row New and Rebci0on or des titan �� trom the taundarMs of None to be used on public sign or In advertising o dw"NY Preis Mt ^ ca lm ofpromipromisestr promises eater then munlep"y (into porrad CRY. borough or unMled munkdpaW7 Closed School Grounds: Distance measured under: Closest Church: ❑ AS 0411.410 OR ❑ Local Ordnance No.: ❑ Grower than so moan ❑ Lasshart 50 m1Ms Cl Not AppltdlbM rProes ❑ OD to be ";;i Is: Plans submitted Fire wge e Marshall (Required for nw proposed pe) r1 P.6m n rdt. ❑ Now Suldna ❑ Pmpoead ❑ DW9. d P.r h m AUwhed (Requked for ml Nw wld RsioC MIm VPYcmbww) SECTION C. RENEWAL INFORMATION. Must be completed for Renewal applications. Has licensed promises wtere alcoholic bevereges are Has iM steferreM of Wanda) interest dW1Qed from the ►ACKA09 STOIID. is lay • renewal of the annue add, served, consumed, possessed endlor stored been last statement submitted? noacs required under 15 MC 014b15 to SW akohoN, changed from the last diagram submitted? beveragae in reponse to written Andhra? ❑ YES a NO ❑ YES ❑ NO 0 YES o NO SECTION D. TRANSFER INFORMA11ON. MM be bwrotafed for Trarnafer of Lanes Holder and Relocation appesswr or"Y• ❑ voksttarYTrawler.AtadtdonknwM8whid evtlwm%WfwWtxaW ASO4.11.670. Names) rat Me1641 Address Of Current f.lcerMe s) ❑ MPdr Tro eow. Any know w executed udsr AS O4.11.670 ter purposes of appym AS 04.11.960(4)(B) in ■Mier nvoynoary barnslw, muss be toad with this appRrtalonw (1SAAC104.107).RorpwaonwpropertyroovoyedwiththisIt M wig: (Attach extra ones% It necessary) BEFORE TRANSFER. Ddrq Bsselees As: (Business Norte) BEFORE TRANSFER. Strew Addrass or Location SE ON CT1ON E. CORPORATION INFORMATION Corporal* Net 9 I war o">oreym*a a'pp"cw" °r`�'w""" " • """ "" 'T Doing Business As (Business Name) ""-""' Date at incorporation In Alaska Midirg Address i Wool Address or Location of Business City, State, Zip Code City arid Stele Corporals 011ke Plane No. Is to oboes nwn it CorPonalMn In good eta 1 with the BW* of AM" Depwpnent of Corrrreros and Econ ce Deve"11n*rn? ❑ YES ❑ NO Registered Agent (Norte and Msalrg Address) Agents Alaska Residency Years: Months: Agaw's Ram No. CORMIIATION DNtDCTORD AND *yOCIDIOLDo1a (Us* add itlwrat wens R neoessary) % or Shares Ownwshk Full Name (Do not use MNlals) Hone Address Dar* al Both (+rrr THIS AREA OFFICE USE ONLY Lbwre Number i Dare App— Doefae/s MWWMe .. Form 04.901 Page 1 (Rev. 2194) PAGE 2 OF 2 ALASKA UOUOR LICEASE APPLICATION TION• ppecenj N e T1we toitotrYq se es.sesny SECTION F. IIONIDUALIcoRthePO� OFFICERoled ICkwdkwe��..a.M. vw.v,.fe.w awtny.wa Tt.eare.t. Ales eda*Nrit PtvM .Ppkw «ma� Full Nine (00 not use MiNN) Filia Fiilgovski hliq Aes.a - 1-844 �r)ul Y.kay cty, Mae. 24 Code Kenai, ;,i, yybi lton+Aem.es R d W*W fmm ntdktp coerces) same work Phone ode of NMI Ham Ph" 1 yU %-Gl1 j-�.: •-' i 7C17-LG-4•.�[1 Ob—U_—�1 KappitwtdNcanpatW�yO»nowpltedltoeyou Length or Alaska bald YOM sitorelte r ' 4 GA Herne doe not uM hwitleN) MM" MOPS" City. SW*, nP oode Nome At IMW (M 0la.M ftdm mYkq eedrees) Dte Of Will Lewwglh of AIW* Rasta Ytrn itAorMfK, ti am ME" 100 not u.. Nome— I wok Phone it rpPitocmN soowportbn• �pyryrecowpaeadeceyar held 1 ' Cty. Site, 21p Cod. City. --DP lode tlda..$) —lpnre N1aeM .reM horn bothmeitlnB ede�ee) Forn.AdleeitdRm -- �ddree (itdPhone Horne Phone yyak Phone �— Work DateOfBIrN DdedBIM Nome Phu"n ythecov—dflceyoo KrappitraltNcoapatld Length of AlaskaReMdeM•7„.PPk^tNscorpttlon.twy"thecorpomeo you Length d atl Y.em sitenua ho- hold. _ INDIVID A ORPORAT'E OFFICER B� M„� �� �ie ti :0, .ny d�.r tta SECTION - come try kw wolll l o ch t. ofOcw nerd wore now hew er7 Bract _. %, YF� it ye., gtw stele, ntrw d twsiness. end cddr.es. - •',, Zi NO d the ku1 aPW"ybn• un entr' a1 a ate 0 ket Mod above been convidedbl a felony, a vidlAS 04, M been ' I,I B rrver havkq fNed d fMtos 1litrtq Ms in another state of the liquor laws of OW stele? as a bows" or manger of licensed Prem NO (_I YE13 R f'he• PNr• exi crte.h on -p.t orpspsr. that b. r.ed.nd mW d M 0mch GPPNOO'd' u that I have examined this application, including the accompanying schedules and statements, and to the of Pei I declare under penalty ry best of my knowledge and belief it is true, correct and complete, and this application is not in violation of any security interest or other contracted obligations. ance in accord I further certify that I have read and am familiar with Title 4 of regulations, has any direct or indirect financialinterest in t et licensed business� A Oq.11.450, no person other than the applicant(s) or licensees) support of this application. I agree to provide all information required by the Alcoholic Beverage Control Board t each applicant named on this application has resided In or Package Store Ilcenslcatlon and/or the applicant 1s a corporation registered and qualified t1 a stale of Is for f Beverage one Dispensary to the date of this appl the state of Alaska for et least one year per of Alaska Ido 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 for at least one year prior to the date of this application. — meIWATIMEiSl OF TRANSFEREE S &"at"d.nd room to belle m• this dey of NOTARY PUBLIC IN AM FOR ALAWA Ly co"Wr0on.tPM — sw,.b.a Wo sworn to bola. me this 19_ I dyder- ��dJA: N()fARYI+UBIJC _ .,� f+y a n nssebn etokee 19 Form 04.901 Pegs 2 (Rev. 2/94) DEPARTMENT OF REVENUE ALCOHOLIC BEVERAGE CONTROL BOARD Carol Freas, Clerk City of Kenai 210 Fidalgo Suite 200 Kenai Ak 99611-7794 Dear Ms. Freas: TONY KNOWLES, GOt 550 W 7TH AVE ANCHORAGE. ALASKA 99501-6695 February 16, 1995 We are in receipt of the following application(s) for renewal of liquor license(s) within the city of Kenai. You are being notified as required by AS O4.11.520. Additional information concerning filing a "protest" by a local governing body under AS O4.11.480 is included on page two. BEVERAGE DISPENSARY KENAI MERIT INN ,/LARRY'S CLUB RAINBOW BAR & GRILL KENAI JOE'S RECREATIONAL SITE PENINSULA OILERS / l 1 CC; KENAI PENINSULA BOROUGH RESTAURANT/EATING PLACE ITALIAN GARDENS CLUB BPO ELKS LODGE #2425 CITY OF KENAI C9d CC&t.2,44CJ 4 414aa" 210 FIDALGO AVE., SUITE 200 KENAI. ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 *V*Vrl 1IIII'f 1992 February 22, 1995 Larry's Club, Inc. c/o David W. Charlesworth 12656 Kenai Spur Highway Kenai, AK 99611 RE: 1995 LIQUOR LICENSE RENEWAL We are in receipt of your 1995 liquor license renewal application. A copy of the application has been forwarded to the Kenai Peninsula Borough for review and notification of any real estate, property, or sales tax amounts owing. Kenai Municipal Code states the following: 2.40.010 Obligations to Citv: It is determined to be in the public interest that holders of or applicants for licenses issued by the Alcoholic Beverage Control Board of the State of Alaska shall have all obligations to the City of Kenai on a satisfactory basis prior to the City Council approval of any activity of said license holder or applicant. (Emphasis added.) 2.40.020 Approval by Council: Prior to approving renewal of any liquor license by the City of Kenai, the Council shall enter findings in the minutes of the Council that the afore -described liquor licensees have satisfied all obligations to the City of Kenai or that the applicant has entered into a City approved payment plan with the Borough or City on any obligations owed to the City and said applicant is in compliance with said payment plan. After making such finding, the City Council may grant the approval requested. (Emphasis added.) Obligations to the City of Kenai include lease payments, water and sewer payments, hotel/motel tax payments, property purchase payments, as well as those taxes collected by Larry's Club, Inc. February 22, 1995 Page 2 the Kenai Peninsula Borough and listed in the first paragraph of this letter. Of those obligations collected by the City (water/sewer, lease, hotel/motel taxes, etc.), our records indicate the following amounts are owed: Water and Sewer - S517.86 (to 2/1/95) The above amounts must be brought current by March 15, 1995 (as well as any amounts owed to the Borough) in order for the City Council to approve the renewal of your liquor license. If accounts are not current, a letter of protest will be forwarded to the Alcoholic Beverage Control Board. If you have any questions, please contact me at 283-7539. Sincerely, CITY OF KENAI 6�,4� X- , �,- t � � Carol L. Freas City Clerk clf PS Form 3800, March 1993 v SENDER: • compute items t w • Complete items 3 » • Prim Your name a o ratum this card to Y4 of flis nvwplace o► • Attach tN$ form to the -from ^ does not permit- , on the rnailPlsG below the article rwmber • • Write "Ratum Receipt Request* whom the article was delivered and the daft r • The Retum Receipt will show o N� Z o azo 0 i O M _ moo`".-► it JR m r ,o �<d d 03 CD o� do m. a �1 2. ❑ Restricted Delivery -o deliv red. 4a. Article Number 3. Article Addressed to: , /D _ ��� g '%Q 4b. Service Type ado �j li /�f�syG� �jt ❑ Registered ❑ Insured . 8 ��9(oi/ 25262728 Certified[I COD Return Receipt for �Z� ❑ Express Mail ❑ Merchandis�— FEB 1995 Data of Delivery dc o �Z Z 5 Sign (Addy 1 ITY CLERK - and fee is paid)Address (Only if requeste TY OF KENAI cc 6. Signature (Agent) _,...���.• orn �aN RECEIF �adss oww"m Catarst lllsard ° UQUOR LICENSE APPLICATION PAGE, OF WO W. S.e«ilh Av~ (Please read separate instructions) fhheM Pier,e l .w:» e» ABC ftaerrd. "'°"° . ""°' "I4R s Iss yete tee. _ Tills Wptsstbn is for. (ChsrA one) YD Two Year ❑ Two six month Periods in each year of fM blernlel period "ginning — and .riding SECT N1 be corrpsests for of of —ION Type of Application: ❑ New llcarae Type ,Q /✓� V bl5 Slshlle Rderente For Llcariae V Fsdwsl EN 04.11. 9 - a/L Within (wnicoatly (^ OR ❑ Oud� �WeT l.leenee Fee S / Filling Fee: New/Renewel 200.t10-% ❑ Transfer of Current Uquor Llcerae swat, has the Isi been exercised a active at least 30 eight -hour days u tha two prsoe" calendar years? (AS O4.11.330(3)) Tra afer 1 100.00 Penalty (It applicable) $ Lfewas Fielder ❑ Relocation - nl�(O ,e{ S M no, ePPMcnlon wu be delved unless wrOn request for weNer of opwanon r approvedby the AlcMWc SOL wage OhII,,96 NSubmitted s od , % `a Enter apptces ertreriatwe— name eW rrrarg address as itafauld appear on the acerae: ( /o c Bueahses As (Bssness Nsera) U Coraramn' Cound lime end MaMg Address 18M 1 Addre a or facrbri a Busrew /.r,(yJ . .. CRY Bu.n...PoonaNunWr(q ❑ THIS IS A NEW MAILING ADDRESS z � SECTION B. PREMISES TO BE LICENSED. we' be fa New and Relocation Herne to be used on Public Op or in adverb" 10 Identity prenaaaa: le', --1on of preresas greater than or less than 50 mass from ea bounderMs of a muntcpallty (ncorporstW city. borough or unified rnunlcipe"? Closest School Grounds: i DbWm measured under: Cbeost Church: — ❑ AS 04.11.410 OR ❑ Greater than 50 miles ❑ Lees than 50 miles ❑ Na Applicable ❑taw Ordinance No.: Prwnlses to be 111 Is: ❑ Fins submitted to Fire Marshall (Required for now and pr000sW bullOW) ❑ - ❑ New ❑ Proposed Bul1dkV ❑ Diagram at Premises Attached Required for as New and RsbceOorh SECTION C. RENEWAL INFORMATION. Must oecompleted for Renewal appiicabons. Has liesnsad prwnesa where alcoholic boveragss are Has she Statement of financial interest charged from iha PACKAGa STORi, is this a rerheww of the annual sold, served. Cayumed, poasstuad ands .toad been lies" statement submhW? ruolee requh under 15 AAC 014.645 to sell akolaft can9ed from the law diagram submitted? bevereges In sow a wrO n soft ? ❑ YES 01 NO ❑ YES 10 NO ❑ YES ❑ NO SECTION Q.TRANSFER INFORMATION. terat be oonpstW for Tr=Wor a Lbonae Hotlw wW Ratooatlah applkallons ny. ❑ 1wehn»ryTrralw.AYchdocunenbwNdnMMM"tlMaul'undwAS04.11.670. ❑ rAgny Transfer. Any Instrument execuled under AS O4.11.670 for Purpwes of sgxyahp AS O4.11.3W4XS) in e lelw nwsintory bw afw, must: be had with this eppkaslon (I SAAC 104.107). Rest a person pmpwlycorov"ww6h M»bwafw is: (Adech extra aheab 0 Mmenary) Hin s)vend MW"AddrswcCuranl Lkwese(s) BEFORE TRANSFER, Dokg Business An: (Business Norse) BEFORE TRANSFER. Street Address or Location SECTION E.CORPORATIQN RMA ON. Must bscom"ed a appllcwn or co -applicant Is a corporsion. (AS O4.11.390) Nin CwNina Do" Do" Business As (Business Name) Date of Incoroaerbn in Meeks -S .GAP It.! � ��'�- 1-y I Z "L'• Wh� iWing Adtrafj / Street Address or Location of Business /7 r lira �A.��— "`/_ 1?(Bull-4Dc,L �7 �� - 5(7 City, "a. Lp Code City e'hd State Corporate Office Phone No. J' t s Islhe chow nerrad corporation in good atwidi g with Me Ste» of RepletwW Agent (Nam and hhWkV Address) Agents Alssiw Resgwxy Alestiw Depnlnent a Corntneroa end Ec0h01 C Dwratepment? )\19 V !C lid% N,7•t l��i(%�il'73� �IZG Yews: / - -: Months: b Agents Flom No. YES ❑ NO �1`� S(p S/r(l [./� 1/ CORPORATOR D6IDCTOIa AND WrOC11MLDOa (tlse tldDonel atheele M necaeemy) % or Shares of Name (Do not use Inlet) None Adbsss Date of BMA owners" ,,l\ /Full / �'� ,C?A�✓ + (' y/�/iPC FS J?7 l . " . J f • 2 7 f '7 THIS AREA OFFICE USE ONLY L - - Nutrber 1 Dose Approved I Dkeckfa OWMA rs =ohm r4-901 Page 1 (Rev. 2194) ALASKA UGUOR LICENSE APPLICATION PAGE 2OF2 SE F. MrAWAL/CORPORATE OFFICER 94FORMATION. That-, +g haornr Mn cruet blip I ter each rppbrr or wepawa alter. Irmo r -time oorPaadon. Iwa asides Nsaad harsh erokrds the Prwldo vb►Vn tlan. Sam" and Treaasev Wwaddbul peon as nsoeeery. is Ilwrn (Do not yy�� M�dtWs) AcIJ/J GUI�!L7b.0 CHA�LfSLye�°T1� Full I� "'''' (Do not use MIWs) JJLf�.�.t,�s� Ca Ci�JA.r� f...�1�.yj�jJ r�Adch /b33 — /�33 ccc . np cee. c et" ZIP coda Maws (R efferent from m e aadmm) HWM Addrar (N dlffomittom rrrsig addnses) e.7 Deft of BM Ham Ptah � '77' - .c'cJZ Work Rana 77i - 31 Z / D•Ds of" J , . 7 7 •cf Not• Phn• a %"76 -51-IZ p work Phan -- LwgmofMotion Rsolsocy I IfaIF-' tlsaeorporsdon.ldandlythecapora[a offlwyou Length of Alike fisskf•ncy M•ppNwnismcwDwslon,kNraMyowcorporst• oft•ym Yeas Monthsrs hokL Years iloeel Inotl. (Do not use InCelet L� fe,P�r F �cb,�AiPy l3 Full Name (Do not u• I^We) MMkg Addrew City, State. Zip Code I4-'U41! A7,z CRY, stag. zip Code -- Name Atlbaaa (pd0erem from rraNsg •ddrws) Hoer Adarws (r dlrtemM fnxn na llYq address) Deft of / Z3 Hare Phone I Work Phone ,�s3 s3L Date of Mth FIm w Phone Work k Phone Lwgth of Alwla Aaaklenry MaWkwe lsaomporatbn. IdadNyttncorpaet•otte you Lwgth a AYaia If appMran a • coroaetwn. WaNY IMoorporst•office You }} Ya lime hold. Years Morehs SECTION G. INDMDAUCORPORATEOFFICERBACKGROUND. M+abeconpNtedforam tymosofispoicllons. Dow any' or corpmal. offlow w erred above now haw crydrset or krdiact anaraat it any other " -' , ,, bw w"e buWnm ieerwed in AlwM w cry odr sWo7 0 NO ❑ YES It yes. gtw slat•, rrn• of Wlslrrees, and address. 11 never living filed or since filing of do last application, has any individual or corporate officer listed above been convicted of a felony, a violation of AS 04. or been convicted as a licenses at manager of licensed premises in another state of the liquor laws of that state? MNO ❑ YES If Yee, Pls•ea enrIarn on aafftreft.treat of peps. SECTION H. DECLARATION. Met be reed and oeMad by each appicWTL I declare under penalty of perjury that I have examined this application, including the accompanying schedules and statements, and to the best of my knowledge and belief it is true, correct and complete, and this application is not in violation of any security interest or other contracted obligations. further certify that I have read and am familiar with Title 4 of the Alaska statutes and its regulations, and that in accordance with AS 04.11.450, 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. If application Is for a Beverage Dispensary or Package Store license, 1 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. SIGHATURE(SVOF CURRENT LICENSEE APPLICANT) SIGNATURES OF TRANSFEREE S MARY C. KIRK E._. v'J6— STITE 01'1 - a yr Ca4Mi5a10H Ex�a�' FEBRUARY 5. t9°" l Subscribed end Swam to babe ma MY Subscribed arq swam to bafae m• this day Of 19 day of 19 NOTARY PUBLIC IN AND FOR ALASKA — _- NOTARY PUBLIC VIAND FOR ALASKA My oormssebn epics My oin fte n wpiee Form 04-901 Paps 2 (Rev. 2/94) DEPARTMENT OF REVENUE ALCOHOLIC BEVERAGE CONTROL BOARD / Carol Freas, Clerk City of Kenai 210 Fidalgo Suite 200 Kenai Ak 99611-7794 Dear Ms. Freas: 2-W TONY KNOWLES. GC 550 W 7TH AVE ANCHORAGE. ALASKA 99501-6598 February 16, 1995 We are in receipt of the following application(s) for renewal of liquor license(s) within the city of Kenai. You are being notified as required by AS O4.11.520. Additional information concerning filing a "protest" by a local governing body under AS O4.11.480 is included on page two. BEVERAGE DISPENSARY KENAI MERIT INN LARRY'S CLUB RAINBOW BAR & GRILL ,CENAI JOE'S RECREATIONAL SITE PENINSULA OILERS CC; KENAI PENINSULA BOROUGH RESTAURANT/EATING PLACE ITALIAN GARDENS CLUB BPO ELKS LODGE #2425 CITY OF KENAI ►► cd eC4n,W 4 414adAza ,► 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 *T4*14 ,ova February 22, 1995 Kenai Joe's c/o Roy Dale Howard P.O. Box 2818 Kenai, AK 99611 RE: 1995 LIQUOR LICENSE RENEWAL We are in receipt of your 1995 liquor license renewal application. A copy of the application has been forwarded to the Kenai Peninsula Borough for review and notification of any real estate, property, or sales tax amounts owing. Kenai Municipal Code states the following: 2.40.010 Obligations to City: It is determined to be in the public interest that holders of or applicants for licenses issued by the Alcoholic Beverage Control Board of the State of Alaska shall have all obligations to the City of Kenai on a satisfactory basis prior to the City Council approval of any activity of said license holder or applicant. (Emphasis added.) 2.40.020 Approval by Council: Prior to approving renewal of any liquor license by the City of Kenai, the Council shall enter findings in the minutes of the Council that the afore -described liquor licensees have satisfied all obligations to the City of Kenai or that the applicant has entered into a City approved payment plan with the Borough or City on any obligations owed to the City and said applicant is in compliance with said payment plan. After making such finding, the City Council may grant the approval requested. (Emphasis added.) Obligations to the City of Kenai include lease payments, water and sewer payments, hotel/motel tax payments, property purchase payments, as well as those taxes collected by Kenai Joe's February 22, 1995 Page 2 the Kenai Peninsula Borough and listed in the first paragraph of this letter. Of those obligations collected by the City (water/sewer. lease, hotel/motel taxes, etc.), our records indicate the following amounts are owed: Water and Sewer - $105.41 (to 2/1/95) The above amounts must be brought current by (as well as any amounts owed to the Borough) in order for the City Council to approve the renewal of your liquor license. If accounts are not current, a letter of protest will be forwarded to the Alcoholic Beverage Control Board. If you have any questions, please contact me at 283-7539. Sincerely, C= OF KENAI Carol L. Freas City Clerk clf o SENDER: - Complete items t and/or 2 for additional services. • - Complete items 3, and 4a 3 b. p - Print Your name and address on the reverse of this form so that we can `o return this card to you. > - Attach this form to the front of the mailpiece, or on the back if apace o does pemlrt. o • w —Retum Receipt Requested" on the mailpisce below the arb A number « • T &turn Room" w17 show to whom the r ki- was delivered and tha date 0 delive I also wish to receive the - following fee): PS Form 3800, March 1993 1. ❑ — v a=c ox o si 2..❑F - 3= 3. rticle Addressed to: 4a. Article Number E /" f% • ic�7`-� o /$ 4b. Service Type ❑ Registered I 31-1 / ,1Q -dL 1?7 151 Certified I_ ❑ Express Mail I_ M'qR ate of Delive 1995 � 02— Z . 5. Signature (Addressee) �ryc�E . 0 8. Addresses'sAddr N y OF QK and fee is paid) W CC, - Ci—t—. IAnnntl S,- i ry rn f 5 rorm JQ 1 1, UBCemoer i ev I u u.�a.P.o.:1 m-w7-5w DOMESTIC RETURN RECEIPT Cl O „- PAGE 10lR3y Ararfsa.sg.Oeffdd =d . LIQUOR -LICENSE APPLICATION,., - eesW.NvrNRAyrsn (Mmm rmd mpmWe Ins&[mdonB) . Atfasragr AYrd 1NN01 asM Pots 1 rM! r MAaO aflsslL �ragas�.-,• rf: x'.''r'��c,s 1 i c.s ems. r,G3 /�_xs'wNs7�1f..�s.._�,.. „_ Tifr 4Pitc+bn is tar- (dmck one) RTwo Yen . ❑ Two sat Mon” per" In each )ear of 11r bisrrral pefYd beginning _.no aftdng SECTION A. UCI t!tt 1' E INFORMATION. ear aaenpw.ere.rt aepp0eabfa Type d Appeoe0ac ❑ New �a U �i G Renews 1 alaYAe Relwwfa Fa Lbaw Federal 91 - ❑ QrpeMaNr;�reay Lilmonse FM % q fw: WollffR S 200. N*VW Transfer penalty (H ❑ Trader at � Rebmilon 4 — G 1p p` � q rafserL hw 0e "- or carve o Wart 30 sight -hoar days duri g eama the two 0 1 11 o caWW ryers? (AS O4.11.330(3)) 11ffo.applGlbn"bedenied rafrwwrrwfem"tr❑ "dearalo"nWon Is rpprw.d by we Aboho : One ge [=Wmilmbla)UoerfeeNoma binttted s Ersr appfcra's aYrMres's rwrfs end mfllanq adwew es a uflaup spper on the sosrfee: BuYfees As (Bfwslew � I I. n Cwmmvdy Opfn i Norm and MillingAdder mee coflX " BfuYfew Phone Nurfbr(a) ❑ THIS IS A NEW MAIL1140 ADORE83 SECTION B. PREMISES TO BE LICENSED. 11YM e• to New am Rdxalon u be used an public sign or In Weed fp to panty penases: ft... , d prarrsses 9 @ME than a the n en 60 mse sham"boundna lw a j memuiciielgy (Ymupouas0 city, bomu0 a fafllled munktpafl»? r❑ Omar IM Gowan ® Lew Men so we" ❑ Nod AppbOu ' Clow auytool auaaps: Dbus:e meeeune WON "fan—wrch: ❑ AS 04.11.410 OR - Gast C4aactf: ❑ Load Or *mme No.: Prarwes to be soared In: ❑ Pans Outwitted is Fire-Isrslfef (Requked her new No prapoeed buNdi ge) ❑ mwamiing ❑ ❑ d PtwW. Aadsd Ia sit sew end RsioosOom SECTION C. RENEWAL INFORMATION. Wat be carolead Ia Renewal aW catimm Hu boansed premai s where alcowic beverages are Has 1M statsrfwN d frwreM sfleresl dfaffped Yon Me ►ACKAM WOlta, ie Mw • rrouia d tlfs arrfrr cop, eened. conamad, possessed anNa morel bean ale statement subnWud7 nodes rwqulred under 16 AAC 014A010 u l elcolrae Charged from to last diagram submitted? bevrages In repown to wrawn ordws7 -. ❑ YES NO ❑ YES IQ NO ❑ YES ❑ NO SECTION D. TRANSFER INFORMATION,Aare be anplsu/ fw Turin a Ucws* HoMw oo Rsieowon appmosgar ody. ❑ YrofraflaryTfrfalr.AtuchdoamanuwhlcllwAdano, Aag4.11A70. ❑ Ragdr Tfwfreer. Arty Inshmunt eaeaded undar AS 04.11.670 for pugmm a apply g AS 04.11."N4XB) In a Mar I vokm toy barrier. MAIN be 6Yd wffr Sam appkm0w(16AAC104.107).RwapwaaW poprlyoaweyWwlMN*belrierr:-- (AOaoh extra shoals 9 necessary) Nafna(a)4dMall" AddawafOtummalbwrae(a) BEFORE TRANSFSt Doing B m"an Ae. puai me NsmN BEFORE TRANSFER. air" Adrlrew or Localbn SECTION I- CORPORATION INFORMATIOP 1. Mat be WvPmed If appsarft or co• Wk al is a mrpora0wr. (AS O4.11.390) Comm" Name Doing Business As (Btwineve Name) Doe d frfoorpora0urf in Alsdn Meli g Addraw 8boa Address or Location of Business City, stoe. ZIP Coda City rd BYM Corposb Ofloe Plforo No In the above rwna0 esrporabm In goal standing with the aMe of Aaata. Deprtrnem d Camorm afd Eosnoffse Wwbprted? ❑ YES ❑ No A 91 Agent (Hans rd Melling Addis) Agents Masse Respwfu.T Years: trien0s: pant• Mum Hd CORPORATION DaINCTOW AND ROC KHOIDalla (Use mWomml sheau f neameary) % or 01, of Fuf Name (Do not use Yfrsaf) Mono Adtrew Deb of BYM Owrferelf� THIS AREA OFFICE USE ONLY lbwre "awn'"' Dws Appeved DYwsofs alpffsYas (., _ - Form M-901 Page 1 (Rev. 2194) f ALASKA LIQUOR L.IMISE AWLICATION PAGE 2 OF 2 SECTIONT. INtDMDUAL (CORPORATE OFFICER INFORMATION. The fdbNnOWN mrwn moat be arelf for each aglaoalt or oorI - of eve a the I'or caapp loant Is a corponoft • the officers listed must include IM P alft Vbe•PrwgNd, 8ochill ry and Tresoarer. Use add honal pspes ss neosesry. Fam Nang (Do not use InitlYq Full Name (Do not use Inaltls) Iig A—Y Lisit" IWdrsss Clly. Vie. Zip Code City, Scats, Zip Code Home Address (a different from moiling address) Home Address (I different from malting addrese) Date p Bitln Home PhoneWork Phone Date of amHome Phone WOAc Ptncre 1 Lerigth d'Alseka Residency ffspplkamtlsilicP rol kl ortllylhe corporate off —you hob. Length of Alaska Residency ffappacarn lsscorporrlin,kNndlyewcorporereoffkeyou hold. Years Morudns Years Mbntlf C Full Name (Do not use Instals) - Full Name (Do not use males) MMhg Andreas Msamg Address city, state, Zip Code — -- city, State, Zip Cod — floc, Addrese (a dmerent from mooing eddraee) Hone Address (a Afferent from mooing address) Deb of arm Home Phone Work Phone Date of BIM Home Plane Work Phone LalgdndAtaala Reabasy IsppowntbanxtrpNalon,dormythecorporaeoffkeyou L"OfAlaska lfappWWISacorpN Wn.UWUtYlMeorporrredffkeyou Yeah Months hold. Years I Months hob. Does any IndIvldual or corporate omcar vaned above now have any And or Wicked a lei In any ~ ak9hnollI beverage business licensed In Alasks or asy other atode? ❑ NO ❑ YES ff yes, give Nate. name of business, and address. N never having riled or since filing of the last application, has any individual or corporate pflicer listed above been convicted of a felony, a violation of AS 04, or been convicted as a licenses or manager of licensed premises in another state of the liquor laws of that slate? ❑ NO ❑ YES it yes, pease ap, , on eeI , cheat of papa. SECTION H. DECLARATION. Must be read and pedaled by each applicant I declare under penalty of perjury that I have examined this application, including the accompanying schedules and statements, and to the best of my knowledge and belief it is true, correct and complete, and this application is not in violation of any security interest or other contracted obligations. further certify that I have read and am familiar with Title 4 of the Alaska statutes and its regulations, and that in accordance with AS 04.11.450, 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. If application Is for a Beverage Dispensary or Package Store license, I certify that each applicant named on this application has resided In the state of Alaska for at 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. SIG TORE OF CURRENT LICENSEES lU A SIGNATURES OF TRANSFEREE(S) f OO �1,10Ti4,R I -- Subscribed and amm to belcre me this Snbecrbd as smm to before me into dry of day of 19 NOTARY PUBLIC IN AND FOR ALABKA NOTARY PUBUGJNAM FOR AWrA 01 __ JU �� My commission expires Wiliam nisaton expires Forth 04-901 Page 2 (Rev. 2/94) Permit Alaska Department of Revenue Charitable Gaming Division P.U. Box 110440 Juneau, AK 99811-0440 Games of Chance and Contests of Skill PERMIT APPLICATION AS . 0 Please read the instructions before cowleting Aii wliiatfiw- n FOR DEPARTMENT USE ONLY Permit Number Cate of Issue KENAI AIRPORT COMMISSION March 9, 1995 City Hall Council Chambers Chairman Tom Thibodeau *****AGENDA**,►** 1• ROLL CALL 2. APPROVAL OF AGENDA 3 • PERSONS ..YYYLr+L TO BE HEARD 4. APPROVAL OF MINUTES February 9, 1995 5• OLD BUSINESS a. Ordinance 1628-95 CAP Taxiway 6• NEW BUSINESS 7• AIRPORT MANAGERS REPORT, ---- - REPORT s. COMMISSION COMMENTS AND MESTIONS 9• INFORMATION ITEMS a. Annual Certification 10. ADJOURNMENT PLEASE CONTACT LORETTA HARVZY AT 283-7933 IF YOU ARE UNABLE TO ATTEND SO WE CAN ESTABLISH A QUORUM. KENAI AIRPORT COMMISSION March 9, 1995 City Hall Council Chambers Chairman Tom Thibodeau T T *****MINUTES***** �J 1. ROLL CALL N Members present: Bonnie Koerber, Barbara Edwards, Joel Kopp, Henry Knackstedt, Tom Thibodeau Members absent: Ron Holloway, Bob Scott A Also present: Councilman Ray Measles, Airport Manager Randy Ernst, Administrative Assistant Loretta Harvey 2. APPROVAL OF AGENDA Joel Kopp moved for approval of agenda as presented. Edwards seconded. Agenda approved as presented 3. PERSONS PRESENT SCHEDULED TO BE HEARD 4. APPROVAL OF MINUTES February 9, 1995 Joel Kopp moved for approval of minutes as presented. Knackstedt seconded. Minutes approved as presented. 5. OLD BUSINESS a. Ordinance 1628-95 CAP Taxiway Barbara Henry Randy Ernst reported this Ordinance had been approved at the Council level. Henry Knackstedt add that the RFP's should go out by April 1st. There will be a 30 day bid period, with a completion date of July 1st. Kenai Airport Commission March 9, 1995 Page 1 F I V E IC b. Peninsula Chambers - Airport Terminal Lease Joel Kopp reported that he had met with representatives from the Tourism Marketing Council to discuss placement of visitor information in the Airport Terminal. The Council would solicit generic visitor information from Peninsula Chambers and place them in T T V the glassed in area (where the musk-ox is). This would be done for the coming Tourism season on a free basis. If this service is well received by visitors further negotiations would be made on leasing the space for $225.00 per month. N Randy Ernst noted since that meeting he has had several inquiries about this space, but they were not viable requests at this time. MOTION AND VOTE: A JOEL KOPP MOVED TO RECOMMEND TO COUNCIL THAT THE GLASSED IN SPACE, IN THE AIRPORT TERMINAL, BE PROVIDED ON A RENT FREE BASIS FOR DISTRIBUTION OF GENERIC VISITOR D INFORMATION THROUGH THE 1995 TOURIST SEASON. BONNIE KOERBER SECONDED. MOTION PASSED 1 UNANIMOUSLY. 6. NEW BUSINESS P Tom Thibodeau said he would like to see Lake Clark National Park promoted locally. He felt the area was one of the most beautiful spots in Alaska and presently can only be accessed R by air. Presently all of the air -taxi services are located in Anchorage. Thibodeau felt it could be a great opportunity for Kenai to encourage local service to the Lake Clark area. O Councilman Measles said that negotiations have been in the works for several years to move the Lake Clark Headquarters to Kenai. If this occurs Kenai would be considered the Gateway to the Lake Clark area. The Federal Government would then help promote the area from Kenai. `% 7. AIRPORT MANAGERS REPORT a. Enplanements E+ The figures continue to be up from 1994 which was a record year for the Airport. Kenai Airport Commission March 9, 1995 Page 2 b. Lease Agreement for DGPS Site The Coast Guard has submitted a lease application for a DGPS on City land on the east side of Marathon Road. This will be an un- manned station which includes a 120 foot antenna tower, 500 feet T T of ground radials, and a small equipment hut. Approximately 23 lJ acres of land is required for the site, and most of the land identified for this, are wetlands. The Coast Guard will be applying for a Corps of Engineers permit. N Councilman Measles noted that most of the system will be underground and linked with Anchorage. It actually consists of two systems, so if one fails the other comes on line. The main purpose is to provide increased tracking accuracy in Cook Inlet. A It will allow accuracy within 12" to 18". Tom Thibodeau said it would be a positive development for the City of Kenai. It could eventually help the airport be in a better position for a DGPS landing strip in the future. MOTION AND VOTE: JOEL KOPP MOVED THAT THE AIRPORT COMMISSION AGREES WITH THE DGPS P PROJECT AND RECOMMENDS TO THE PLANNING AND ZONING COMMISSION, AND CITY COUNCIL THAT THE LEASE BE GRANTED. BARBARA EDWARDS SECONDED. PASSED UNANIMOUSLY. d. Car Rental/Ticket Counters R Replacement of the counters started March 8th. When the counter project is finished J&D Painting will repaint the inside of the O terminal. The new carpet specs are finished. Advertising will begin March 20th and Ernst will hand carry specs to all local dealers. Hopefully the bid will be awarded by April 5, with a June 1st completion date. V e. Camping Area - Floatplane Basin This has been included in the proposed budget which goes before Council in May. Approximate costs for this improvement are E $6,000. There will be four camp sites, which will include picnic tables and pre-cut fire pits. A shallow well with a hand pump will be centrally located and also a port -a -potty. If this project is approved it will begin July 1st. T The Commission asked that Henry Knackstedt have a preliminary jJ plan to them by the April 13th meeting so it can be approved and submitted to Council for review with the budget. Kenai Airport Commission March 9, 1995 Page 3 S. COMMISSION COMMENTS AND QUESTIONS None. 9. INFORMATION ITEMS a. Annual Certification Ernst noted this was the 11th certification he has been through and it is the first one where there were no corrections noted. N He felt this successful inspection was partially due to the Fire Department's fine work and preparation. 10. ADJOURNMENT A There being no further business the meeting was adjourned at approximately 8:20 p.m. Respectfully submitted, , Administrative Assistant Kenai Airport Commission March 9, 1995 Page 4 I& 1� IS X u 10 F KENAI HARBOR COMMISSION AGENDA March 6, 1995 Kenai City Hall 7:00 p.m. Chairman Will Jahrig 1. ROLL CALL 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES - February 6, 1995 4. PERSONS SCHEDULED TO BE HEARD 5. OLD BUSINESS 6. NEW BUSINESS a. Corps Permit Application No. 2-920107 Applicant: Dept. of Natural Resources 7. INFORMATION a. 2117/95 Peninsula Clarion article: Kenai Seeks Avice on Dredging 8. COMMISSION COMMENTS & QUESTIONS a. City Council Agendas: February 15, and March 1, 1995 9. ADJOURNMENT Set date for next meeting. IF YOU ARE UNABLE TO ATTEND THE MEETING ON MARCH 6, 1995, PLEASE CALL KATHY WOODFORD AT 283-7535 BY 4:00 P.M. ON THAT DATE. THANK YOU. Harbor Commission ***Minutes*** March 6, 1995 - 7:00 p.m. City Council Chambers Chairman Will Jahrig 1. ROLL CALL Members Present: Will Jahrig, Jeannie Munn, Mike McCune, Ray McCubbins, Barry Eldridge Members Absent: George Spracher, Tom Thompson Also Present: Jim Bookey, Keith Kornelis, Debby Fahnholz 2. APPROVAL OF AGENDA Will Jahrig asked that discussion of rip rap be added to New Business. Jeannie Munn MOVED that the agenda be amended. Barry Eldridge SECONDED. The agenda was approved as amended. 3. APPROVAL OF MINUTES Jeannie Munn MOVED that minutes be approved. Barry Eldridge SECONDED. The minutes were approved as written. 4. PERSONS SCHEDULED TO BE HEARD None. 5. OLD BUSINESS Keith Kornelis stated that the Nelson proposal had only $250,000 liability insurance. The City's Finance Director now feels it should be $500,000. Nelson now wants an additional $3000 to cover the additional insurance costs. If additional funds are needed, he will have to take it to Council. Harbor Commission March 6, 1995 Page 1 Will Jahrig asked about the buoys. Keith stated he still has not heard from the Corps of Engineers and will follow up with another letter. Barry Eldridge suggested they recommend the placement of the buoys be coordinated with the Harbormaster to ensure that the buoys are placed in the channel, since the channel frequently changes. 6. NEW BUSINESS a. Corps Permit - Will Jahrig stated it looked like a good project. Jim Bookey stated that Council endorsed the project. b. Rip Rap - Will Jahrig mentioned there might be a possibility to obtain some rip rap to place in that part of the bluff that was washed out last fall. He had tried to get in touch with the Anchorage office but the person he needed to contact was out of the office. He stated the pilings are about 90 to 100 feet long and there were at least 20 of them. Mike McCune said he would follow up and they would discuss further at next meeting. 7. INFORMATION a. Peninsula Clarion Article - Jim Bookey stated he had heard no feedback from the public on the article. No one else had received any feedback either. 8. COMMISSIONER COMMENTS AND QUESTIONS Keith Kornelis stated there will be a voluntary OSHA inspection of the dock sometime in July. Jim Bookey asked if the leasors on the dock could be notified of the upcoming inspection. Keith stated he would be sure they were notified. Will Jahrig asked about the Kenai River Overlay. Jim Bookey said he hadn't seen anything happen yet. He stated Council is still unwilling to relinquish control. A letter will soon be going out to the newspapers on their position, but he does not want to get into a newspaper battle on this issue. Jim Bookey reminded everyone there would be a work session next Monday night to discuss the impact on the dunes. Parks and Rec and Planning and Zoning would be involved. Will Jahrig said he would try to attend and will bring up the idea of the rip rap. Anyone else interested could attend. Harbor Commission March 6, 1995 Page 2 9. ADJOURNMENT The next meeting was scheduled for April 10, 1995. Barry Eldridge MOVED to adjourn. Mike McCune SECONDED. The meeting was adjourned at 7:40 p.m. Respectfully submitted, J Debby J F,*mholz Harbor Commission March 6, 1995 Page 3 Kenai Advisory Library Commission Kenai Community Library Activity Room March 7, 1995; 7:30 PM AGENDA 1. CALL TO ORDER 2. ROLL CALL 3. APPROVAL OF AGENDA 4. APPROVAL OF MINUTES OF FEBRUARY 7, 1995 5. PERSONS SCHEDULED TO BE HEARD 6. DIRECTOR'S REPORT 7. OLD BUSINESS A. LIBRARY POLICY (see attached) B. APPROVAL OF GOALS AND OBJECTIVES/ACCOMPLISHMENTS C. FRIENDS OF LIBRARY REPORT D. APRIL SUNDAY HOURS E. VACANCY F. OTHER 8. NEW BUSINESS A. LIBRARY EXPANSION PLANS B. FEES INCREASE C. LEADERSHIP WORKSHOP D. OTHER 9. COMMISSIONER'S COMMENTS/QUESTIONS 10. ADJOURNMENT Library Commission ***Minutes*** March 7, 1995 - 7:30 p.m. Kenai Library Chambers Chairman Kathy Heus 1. ROLL CALL Members Present: Kathy Heus, Vince O'Reilly, Carol Brenckle, Bob Peters, Janet Brown, Janice Rodes, Katherine Kornelis Members Absent: None Also Present: Emily DeForest, Ethel Clausen, Christine Monfor, Debby Fahnholz 2. APPROVAL OF AGENDA Bob Peters MOVED to accept the agenda. Janet Brown SECONDED. The agenda was accepted as written. 3. APPROVAL OF MINUTES Vince O'Reilly MOVED to accept the minutes as written. Bob Peters SECONDED. The minutes were approved as written. 4. PERSONS SCHEDULED TO BE HEARD None. 5. DIRECTOR'S REPORT Bob Peters attended the Healthy Communities seminar. Katherine Kornelis was unable to attend, since the scholarship was already taken. Emily DeForest stated that patronage has been down this month. She announced that the new computer table has arrived. It will fit 4-6 computers, depending on the configurations. Library Commission March 8, 1995 Page 1 7. OLD BUSINESS A. Library Policy - Kathy Heus requested any comments on the Library Policy. It was noted that Capitol should properly be spelled Capital (two places). The following changes were agreed upon: a) Change to read "To provide free library service" b) Change "support" to "abide by" c) Add "related" Kathy Heus suggested that under BOOK SELECTION, the items all start in a like fashion. It was decided that items a) and b) would remain the same. Items c), d), and e) would become separate paragraphs. Item d) becomes a separate paragraph. Where it was suggested to change "library except under the following procedures" will be changed to read "library except under the Rules of Procedure for Challenged Materials. as adopted by the Commission. " Drop "save under the orders of a court of competent jurisdiction." Item e) becomes a separate paragraph. "Support" will be changed to "abide by." The next paragraph beginning with "Gifts" will be changed to read "Gifts will be accepted and will be given the disposition that is of most value to the library. " Under PUBLIC RELATIONS, add "The Kenai Community Library will cooperate with" and remove "Cooperation will be given to. " The Rules of Procedures will be called "Rules of Procedures for Challenged Materials." The "Request for Reconsideration" form will be attached to the policies. Item 1) will be changed to read "Patron must fill out Request for Reconsideration form completely, stating reason for reconsideration. " Item 2) will be changed to read "Library Director will refer the Request for Reconsideration to a standing committee for review within 10 days." Add item 2.a) to read "The standing committee will be appointed at the regularly scheduled March meeting. " Delete existing Item 3. Change to read "The individual will be invited to attend the committee meeting. The committee will render a decision within 30 days of the meeting. " Library Commission March 8. 1995 Page 2 Change existing Item 4 to Item 5. Add Item 4 to read "Appeal must be filed with Commission within 10 days." Carol Brenckle MOVED to table any additional comments to the next meeting. Janet Brown SECONDED. The motion passed with a unanimous vote. B. Approval of Goals and Obectives/Accomplishments - Kathy Heus suggested that the video carousel and computer table be added to the list of accomplishments. Also access to SLED should be mentioned. Carol Brenckle suggested adding "coverage" after additional, then adding "lunch hours, evening hours, Friday/Saturday afternoons. " Carol Brenckle asked about the $2,000 book budget increase. Emily responded that it was in addition to the $2000 rentals increase. Kathy Heus suggested it read "Donations allowed the following purchases... " Carol Brenckle MOVED that the accomplishments be re -presented at the next meeting. Bob Peters SECONDED. The vote was unanimous and accomplishments were tabled. Kathy Heus mentioned that the goals had been approved at the last meeting. Debby Fahnholz will make the changes that were approved and a corrected copy will be presented at the next meeting. C. Friends of Library Report - Kathy Heus stated there will be a book sale on June 9th and loth. February's Swap -A -Romance went very well. Membership is now at 50- 60 members for 1995. Friends of the Library will be sponsoring a reception at the library for Steve Reynolds, a local writer, sometime late this summer. D. April Sunday Hours - April hours will include Sundays from 1-4. except for Easter Sunday. There are time slots still available for volunteers. E. Vacancy - Kathy Heus stated Council has received an official resignation letter from Jerry Hanson. The last time she checked there was no one on the list to fill his position. Anyone interested can obtain a form at the library. 8. NEW BUSINESS A. Library Expansion Plans - Kathy Heus stated that basic floor plans have been devised and felt the Commission should take a look at them at a future meeting to prepare for Library Commission March 8, 1995 Page 3 future expansion. since funding has been proposed for schematics. Discussion on this was tabled until next meeting. B. Fees Increase - Emily DeForest suggested increasing rental fees at the beginning of the fiscal year to 25 cents for rentals. She suggested that damaged book fees remain the same. If State Library will no longer fund inter -library loan fees, then maybe there would need to be a charge for them also. C. Leadership Workshop - Bob Peters attended the leadership workshop. He stated that the morning was devoted to a psychological test. This was used to allow you to identify the type of people needed for specific projects. On Saturday, they broke into five teams to work on goals and strategies. It was well attended. D. Other - Nominations were taken to fill the Reconsideration Committee. Carol Brenckle, Bob Peters, and Janice Rodes were nominated. Janet Brown will act as an alternate. 9. COMMISSIONER COMMENTS AND QUESTIONS None. 10. ADJOURNMENT Vince O'Reilly made a MOTION to adjourn. Carol Brenckle SECONDED the motion. The meeting was adjourned at 9:45 p.m. Respectfully submitted, Debbv J. Falinholz. Library Commission March 8. 1995 Page 4 CITY OF KENAI GOALS OF THE LIBRARY COMMISSION Approved February 7. 1995 Goal A: Review and implement building plan of the library annually. Objective 1: Bring facility into compliance with Disability Act of 1994. Objective 2: Develop floor plans for library expansion by Spring, 1995. Objective 3: Expansion of library facilities by a minimum of 10,000 square feet in 1996. Goal B: Make recommendations to the Library and Council to improve library services and continue to provide quality services to the citizens of Kenai as measured by the annual survey. Objective 1: Continue to support the Friends of the Library (Kenai Community Library, Inc.) in its efforts to increase corporate and volunteer support of the library and its services. Objective 2: Promote mini -workshops to enable patrons to become familiar with various services and electronic technologies. Objective 3: Maintain library hours and add Sunday hours. Objective 4: Continue the evaluation process for additional books and other library materials for increase in funding as needed. Objective 5: Continue to expand communications and access to other libraries and resources via computer networking/tele-communications. Objective 6: Promote state/city funding to support the increase in inter -library loans. Objective 7: Maintain utilization of the activities room by library -related groups. Objective 8: Continue public recognition of volunteer efforts and paid staff, and increase public awareness of the library and its services through local media. Objective 9: Continue to implement the addition of loan programs; for example, specialized educational aids for children, compact audio discs, computer software, books on tape, and educational video cassettes. Objective 10: Promote funding for needed reference services for Fiscal Year 95/96 budget. Objective 11: Continue school contacts in cooperation with schools and increase access of library services to school aged children. City of Kenai Goals of Library Commission Page 2 Objective 12: Increase services to physically handicapped and to patrons with other special needs. Objective 13: Continue access to library services for Wildwood inmates. Objective 14: For Fiscal Year 96/97 budget increase library personnel including, but not limited to, an Assistant Librarian. Goal C : Make recommendations to the Council regarding capital and other improvements to the library. Objective 1: Increase the library equipment in Fiscal Year 95/96. Priority list of equipment is as follows: Video and audio compact disc players Music CD library with player Goal D: Review annually library policies and rules as well as the goals and objectives. 9(enai Ifommurzity _fdhazy A PUBLIC LIBRARY IN SERVICE SINCE 1949 163 MAIN STREET LOOP KENAI, ALASKA 99611 REPORT FOR THE MONTH OF FEBRUARY, 1995 Circulation Adult Juvenile Fiction 1965 606 Non —Fiction 2525 308 Periodicals 78 Kits Puzzles Phonodiscs Cassettes 3 16 12 88 Total Printed Materials .. 7154 Total Circulation .. 8083 Additions Docs Adult Gifts 12 51 Purchases 81 Total Additions 201 Interlibrary Loans Ordered Books 46 Easy Books 1205 467 Videos Misc. 703 107 Juvenile Easy Books AV 8 9 13 18 9 -- Received Returned 26 35 Interlibrary Loans by our Library .. Books 57 Volunteers Number .. 26 Income Total Hours ..191 Fines and Sale Books 1,070.55 Lost or Damaged Books 123.22 Xerox 258.00 Donations 24.00 Total Income for February, 1995 ... $1,475. (Enact i!fommunfty .fdrr-aty A PUBLIC LIBRARY IN SERVICE SINCE 1949 163 MAIN STREET LOOP KENAI, ALASKA 99611 (907) 283-4378 Library Cards Issued February, 1995 Kenai Homer Kasilof Nikiski Ninilchik Soldotna Sterling Other Library Patronage ... 6,734 Persons 67 4 3 12 3 32 1 1 123 it Time Checkout -3wa I a 1ECKDUTS alar Chackins a theckins HECK NS lina Notices ds Notices rons Registered rons Deleted les Added mu'Added t Adds MONTHLY MANAGEMEN. zror- Manthlv Manaqement Reoort BRANCH - Kenai Community Library 01 FEB 1995 **Overviewoil :)I FEB 1'3`;5 Q'I JAN 199'5 % Change col FEB 1 ;194 Change E-995 74131 74197 386 418 -7.7% 463 -16.6.% 7331 ?B49 6 . 760 -7.3% 5678 5613 1 . E.091+ -E..*9% 1039 ?5'9 8.3% 1667 -2.6% E-717 :.577 2. 1 7166 3% 41 E. 1 -23.44. 64 -26.6% 9 0.0% 9 9.0% 124 111 20.7*,' 179 -25.1y -5 -20 -75.10% -7 -23.6% 192 345 -44 . 3y, I I E. 65.5% 622 460 35.2% 44210 55.5% 275 2333 -2.8*/' 309 -11.0% FYTD Last FYTD Change to 28 FEB to 28 FEE 538 55721 3.3*,: 3301 3443 57162 591E.4 43112 45-110, , t. .3 11: 13948 9E.66 -7.4% 520E.0 551 -_5 41---45 . . 569 - 1 '2. 01: 87 81 7.4% 1121 140:11 -23.3': -199 -972 -46.5% 2476 1915 29.32: 5448 4132 31.8% 2211 2568 3- 12 MAR 1 `+9`_; 17 : Lo MONTHLY MANAGEMENT .REPORT Monthlv Management Report BRANCH - - Kenai Community Library - 01 FED 1995 **Item Stati=-tical Classes**Use Counts 01 FEB (bl JAN % Change 01 FEB % Chanye V495 1'?95 1994 ANF NON-FICTION (ADULT) 243 + 249(%( -2.0' 2513 -2.9;4 B BIOGRAPHY 37 34 8.3'/, 48 -22.9% C AUDIO CASSETTES 71 108 -34.3% 5E• 2E.S% CAM CAMERAS CP PERIODICALS 73 12l -='5.!1% 111 -2`�,.7% DOCS DOCUMENTS 10 lo -44.4'% 3 2333.3% EF EASY FICTION 1205 1S56 -11.1% 1464 -17.7% ENF EASY NON-FICTION 467 4.4 0.E•%1. 569 -17.9% EG EQU I PMENT t OE, t 15 - 7 .3% BE. 2'S . 3 % F FICTION (ADULT) 1701 17%((? 0.1% 1604 E .0% FLM FILMS/FILMSTRIPS (ADULT ILL INTERLIBRARY LOAN ...,_ t :4 �•'+ JC JUV. AUDIOCASSETTES 17 14 21.4% 23 -2C.1% JF JUV. FICTION 523 60 -13.31/ E•32 -17.2Y. JFLM JUV. FILMS/FILMSTRIP'S JNF JUV. NON-FICTION 30(3 3".3 -21.6% 426 -27.77. JP JUV. PHONODISCS 3P8K JUVENILE PAPERBACK. 83 75 1(:(.7Y. 43 93.0% KIT K.IT 3 12 -S3.3% 14 -78.6% MAP MAPS 1 MF MICROFILM/FICHE: MISC PUZZLES/GAMES 16 1r.• MRDF MACHINE READABLE DATA F 2 1 1(^0.0% 1 100.0% NFPBK NON-FICTION PAPERBACK P PHONODISCS 12 47 -74.5% 13 -7.7% PAPI PAMPHLETS PBK PAPERBACKS 264 21'� 201.5% 260 1.5% VC VIDEO CASSETTES 703 712 -1.3% 648 8.5% VF VERTICAL FILE 1 1 0,0% XXX DATA LOAD PROBLEMS 1 2 1 0.'•^% FYTD Last FYTD % Chanye - to 28 FEB - to 2C FEB 1701(%) 18075 34PE 358 -14 .fl% E.66 476 31? .'i% 3 1 24710 . 0 % 71 7(^ 1 .44/ 10184 1(%(':441 342 E.44 30. 7% 13074 13363 -2.2% 34-: .o9 - )2.if)X 149 13'; 7.2% 501,7 43v,33 _ .5y 2650 25 7'A 2 .3% 10 12 -16.7% 687 3,:7,2 79.S% 93 137 -23.5% 1 99 F.E. 15 3 400.0% 241 150 52.5% 2 1 10(0.0% 1929 2072 -6.9% 4597 4236 3.5Y. 72 MAR 1,1417:30 ANF NON-FICTION (ADULT) BIOGRAPHY C AUDIO CASSETTES CAN CAMERAS CP PERIODICALS DOES DOCUMENTS EF EASY FICTION ENF EASY NON-FICTION ED EQUIPMENT F FICTION (ADULT) FLM FILMS/FILMSTRIPS (ADULT ILL INTERLIBRARY LOAN 3C JUV. AUDIOCASSETTES JF JUV. FICTION JFLM JUV. FILMS/FILM=TRIPS JNF JUV. NON-FICTION jp JUV. PHONODISCS 3PEqK JUVENILE PAPERBACK KIT KIT MAP MAPS MF MICROFILM/FICHE MISC PUZZLES/GAMES MRDF MACHINE READABLE DATA F NFPBI:.' NON-FICTION PAPERBACK P PHONODISCS PAM PAMPHLETS PBK PAPERBACKS VC VIDEO CASSETTES VF VERTICAL FILE xxx DATA LOAD PROBLEMS MONTHLY MANA� J REPORT Monthly Manaqement R e0ort f:.enai Cornmunitv Library - 11 FEB —item Statistical Classe=-**New Adds Pit FEB ChAnue 01 FEB % Chanae 1995 1,:j �q % 580.0% 21 5 320.0% 56 61 1 700.0% 16 -50. 0% .3 :31 . 5 % 120 - 2 6. . 7'/. 45 . 6% 41 -24.4V. 17 701.0111 15 1 .1 12 -33S.3% F. 2 2C,lb.0% 4 6 -1 01;k. Qly, 2 12 .-83.3% 9 _77.3% 9 57 -64.2% F Y TU Last F Y -f U to 28 FEE to 23 FEL, 10E. 1 1037 2.3J 6 12 - If; 0 (4 ", 15 1.1. 36.4% E.E. 431 3 . 5 % 528 1 @3 412.t.*/ IE.q 127 33.1% 33 67 Sn 194 7':15 2.4% E, 1 ('10). 1 X 417 : -27.-.Y 134 123 4 . 7'./. 42 149 -71.1% 1 1 37 22. 1 1 42 -34.4% 14. `1% 2 1.1177 _6 . 4y, 221 Jln 176. 3% .2 2 % S 103 _21:� 0% )2 MAR 1' ,:,5 B 800F: C AUDIO CASSETTE CAM CAMERA CP CURRENT PERIODICAL DOCS ALASk'A DOCUMENTS EQ EQUIPMENT FS FILM STRIPS GAM GAMES GEN GENEALOGY JKIT JUVENILE K.IT JP JIGSAW PUZZLES KIT KIT MAP MAP MF MICROFILM/FICHE MP FILMS MRDF MACHINE READABLE DATA FI P PHONOUISC PAM PAMPHLET PBf PAPERBA0. PL PLAYERS REF REFERENCE RTL RENTAL BOOKS VC VIDEO CASSETTES VF VERTICAL FILE Totals 61J O 74•�r_. -- 79u4 I"101•ITHLY NAHAGEMEHT f%'EFI')F:1 honthly Manaaement Reoort 6RANCH - - V:enai Communitv Librar. - 41 FEB 19'?5 —Item Tvpe=_**Use Counts ,,I JAH % Chancae 011 FEB % Chancre FYTD Last FYTD V. Ch_♦nQ 194 - to 28 FEB - to 23 FED -I._ . j% 4` 4238�? 12b -JIn.2''X at L".t'% 035 1 P&WI 122 -32 .3% 1 1 1 -2r. , 1';. E-36 754 -9 .0.0% 1c^ -44.4% 2 2S3.3% E•a 6'4 3''/. 15 -33.3% 16 -37.5% 159 104 52.'3% 1 1. 112 22 27.;=% -75.0% 7 -71 .4% 42 _ - 9.45: IE. Q,.01% 6 16c .7% 94 6.7 40.3% r, -'D13 . 3% _ -0 0 - ?% 31. 76 - 59 .2% 47 -74.5% 13 -..7% 260 lE9 =3.8% 5 1 400.0% _ . 312r2 S.E.Y. 3133 2'4'+7 4 .5% 7=" - El. 5% E-25 10.4% `5239 53b2 -1.2'/. 712 -0 .3% 650i 8.6y 461 @ 4241 S . 7% 1 —101b.A% 1 —liu0.(0% —6 . 1 % r 1276 6 004 —2 .7 j 2 MAR 19'- 1 7:34) MONTHLY MAMA, 4T REPORT Monthly Management Report 6RAHCH - - Kenai Community Library - 01 FEB 1'3g5 "*Item Types**New Add: 01 FEB 01 JAN 1" % Chanoe �a 1 FEB % Change F'YTD Last FYTD % Chanye 1994 - to 23 FEB - to 23 FEE B BOOK' C AUDIO CASSETTE 109 4= 122.4% 11� -6•��5: ?32 93�%� -4.y% CAM CAMERA 10 3 25.,.,y, CP CURRENT PERIODICAL�.�_ ROCS ALASK:A DOCUMENTS �1 g 537'5' - �� 23 ED EQUIPMENT 436 73 497.37• FS FILM STRIPS GAM GAMES GEN GENEALOGY ]KIT JUVENILE KIT JP JIGSAW PUZZLED K: I T K: I T 4 MAP MAP MF MICROFILM/FICHE MP FILMS MRDF MACHINE READABLE DATA FI P PHONODISC 1 PAM PAMPHLET 5 PBK: PAPERBACK 4 PL PLAYERS ' z13 •3 % 3 3S .• V. 106 33 221 .2% REF REFERENCE 54 31 74.2% 7 RTL RENTAL BOOKS3g lu 47 671.4% 7 260 VC VIDEO CASSETTES 61.7% 67 13.4% 432 5 5 -22.2% VF VERTICAL FILE -J -`,4'?% 204 E•6 209.1% -Totals 2 J��S--- 197 54.8%— 195 5E•.4'/ 2537 � 1'?91 — — ,-12 MAR V:O,:�, I I : 311 NK N 1 N I LCH I i::, A ADULT AP ANCHOR POINT RESIEEi,.ir B' BUSINESS C CLAM GULCH RESILOE-W E CHILE, (--rU 3) H HOMER RESIDENT ILL INTER -LIBRARY LOA14 3 JUVENILE (8-13) K. V.:'ENA I CITY RESIDENT KA K'ASILOF RESIDENT N NIKISKI RESIDENT NR TEMPORARY OR NON-RESIDENT 0 OFF THE PENINSULA RESIDEN ORG ORGANIZATION S SOLDOrNA RESIDENT SR SENIOR CITIZEN (65 AND OV ST STERLING U V.ENAI COLLEGE STUDENT W WILDWOOD CORRECTIONAL CE14 YA YOUNG ADULT (14-18) rlf)l 41 r IL i' r1ANA6ENENT M(:)iithL\/ Manaaement Report ElhW4CIA - Kenai Communitv Llbrar\ - i,-)l FEB 19,-J5 **I-tion _-.tatiEitical ClasseLi-Use CULIFOE 141 FEB [0 IAN % Chancre Em FEB Chanue 1 -:49Q -7k: .2% 5 200.0% Oz. 12 lb -4.4% 6459 -5.2% 2 4 0 . 0 % -9s. I 370 _'.9 �33 47 .7V, E.0 -01 .7% -4--.5 73'1 _23.5% 592 -4.t---.% 4125 416.1 1.2% E - 4.J 4t4 -S5.5% 3E 5 7*,'. 11134 2 11 9 .- 13 .4% 1191 D 32 E.- 7 -13.5% 26 23.1% 14 11 27.2% 0:, 3 31 1/1 Ei; -561.0114 20 01 % 1171 13.3% 1511 7. 1 r.r, 21 7 -23.5!/ 1,12 a% 172 -45.3% 4 - 100 . 0% 3 -1010.0% il cl -55.6% 40 223 216 5.61% 2143 -v .2% FY TE, Last FYTD % Chanae to 28 FEB to 22 FEB 213 22:; -4..5% 45266 473179 -4.5% 42 29 44.2% 1 2 -50.o% 1010) 263 -Oz 2. Q % 751 - 171 . -. V, 12 7 -71 .4% 4 (2) 3 5t,87 15 1 ��s 31306 3 1352 1 % 2265 24 15 13 . li. 14323 1 30,211) 451 233 241 9., 2. 1 8-:421 a71.4r, - 31. 9111 1381 11.23 1E.7% 71 1 0"i4 3 1 . 0- "1 14 -�335.7% 193 442 - 5 2 18223 1112 c; m MONTHLY MANAU-1ENT REFORI Monthlv Management Reoort bF- W,412H - - Kenai COMAILInIty Libi---icy - (01 FEB "0-,h.:)n StAtIsticEki Classes.rNeH, Adds (oI FE8 Q)l IAN Change 4`1 FEB V Change NK NINILCHIK A ADULT AP ANCHOR POINT RESIDENT 127 .2% B BUSINESS I C CLAM GULCH RESIDENT E CHILE, (---TO 3) 2 H HOMER RES I DENT u 12 3 3% ILL INTER -LIBRARY LOAN 1 3 JUVENILE (8-12) f:' KENA I CITY RESIDENT 2_2 _Oy, f:'A VASILOF RESIDEI-41 2 75 -22 N NIKISKI RESIDENT a - - 7�% NR TEMPOR-ARY OF: NON-RE611)ENT 1 32 -51.5v 0 OFF THE PENINSULA RESIDEN r. -83 .3.. = ORG ORGANIZATION S SOLDOTNA RESIDEN F SR SENIOR CITIZEN (65 i;l-.jL, 2 4 29 2% D I ST STERLING 3 U i.'ENAI COLLEGE STUDENT 131 w WILDWOOD CORRECTIONAL CE11 YA YOUNG ADULT (14-10) 1 7 F) TD La!:-t FlTD !4 to 28 FEB to 28 FEB .(.J 2 el I/ t. 13 120 15 .4%. 445 55'D -2,;),4% 42 173 -5 fz. X 3 4 4 217 221 -22.8% .3 14 25 35 _201.6% 2 1 C-10) . (;) -/, 1-7.4 DL! - 22. 011. 11 02 MAR t Doi ILL INTERLIBRARY LOAN NR NON-RESIDENT ORG ORGAN17ATION R RESIDENT RR RESIDENT RENEWAL S STAFF v VOLUNTEER Totals i;ll FEB I ,:, n 42 19 2, 7 E. 7007 4': - ; 31 80007 110lq THL e MANAGEMENT REPORT Monthlv Manaaement ReDort BRANCH - - Kenai Community Library - ,?Q FEB 1995 **Patron Types,**Use Counts -nl JAN Chanoe 01 FEB Chanc?e I -32.3% 35 . 7Y. 45 -6.7% 27 55 . 6 Y 40 -52.5% 23 -32.1% 041 4.2% 944 -7.2% 74f.-, -6.0% 7343 - 4 . F-.',. E-3 -22.2% 87 -43.7% 32 E14 -51 -5 . EllA 85,1 I FYTD Last FYTD % Chincie - to 28 FEB - to 23 FEB 571 021 503 631E. 12, 141 9% 7227 7760' -7.(-,)% t52797 53070) -0.5% 497 E-42 -22.6% 26-3 512 -47.5% E-.Iqql ILL INTERLIBRARY LOAN NR NON-RESIDENT ORG ORGANIZATION R RESIDENT RR RESIDENT RENEWAL S STAFF 'i VOLUNfEER Totals 11014THLY MANAu_ AT REPORT Monthly Management F.eaort BF�*AhICH - Kenai Communitv Library 01 FEB —Patron Tv[3es**N(-w Adds tol FEB A H Change 01 FED Change FYTD Last FYTD Change 1 to 20, FEB - to 23 FEE, 2 27 t- 7 % 5 1 -50.0% 10 - 50 0% 123 226 - 4 4 14;1 % e 5 - .,h 0--17 ./ lel :40) 34 .4% 143 -15..45f S,77 9 ? 1 7 24 _66 7 % IQ)5 2E.2 _1�4.7% 1121 14 P-:. I 'j D-� KENAI PARKS AND RECREATION COMMISSION ***AGENDA*** March 2, 1995 - 7:00 P.M. City Council Chambers CHAIRMAN RICHARD HULTBERG 1. ROLL CALL 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES January 5, 1994 4. PERSONS SCHEDULED TO BE HEARD 5. DIRECTOR'S REPORT 6. OLD BUSINESS a. Banners and Christmas Decorations 7. NEW BUSINESS a. B udget 8. CORRESPONDENCE 9. INFORMATION 10. ADJOURNMENT PLEASE CONTACT LORETTA (283-7933) OR KAYO (283-3855) IF YOU ARE UNABLE TO ATTEND SO WE CAN ESTABLISH A QUORUM KENAI PARKS & RECREATION COMMISSION ***Minutes*** March 2, 1995 - 7:00 p.m. City Council Chambers Chairman Richard Hultberg 1. ROLL CALL Members Present: Dale Sandahl, Jack Castimore, Roger Seibert, Richard Hultberg, Amanda Baldwin (arrived at 7:10) Members Absent: Steve Latz, Kelly Gifford Also Present: Kayo McGillivray, Duane Bannock, Debby Fahnholz 2. APPROVAL OF AGENDA Agenda was approved as written. 3. APPROVAL OF MINUTES There were no changes to the minutes. The minutes were approved as written. 4. PERSONS SCHEDULED TO BE HEARD None. 5. DIRECTOR'S REPORT Kayo McGillivray reported the following: a. Bob Frates is attending a week-long management school. b. Council approved the draft of the Wellness Program. They suggested a committee of different department personnel and a Council member to propose suggestions and promote continuing interest. The major cost is expected to be for the salary of the aerobic instructor. Parks & Rec Commission March 2, 1995 Page 1 6. OLD BUSINESS a. Banners/Christmas Decorations - Kayo explained that they have decided to make a sillouhette style out of the Christmas decorations. They have a couple of them done and can be seen at the Airport Way facility. The snowflakes look much better. They will order six or eight deer in the sillouhette design for next year. The banners were sent back to the distributor and were received yesterday. They will be repaired and returned in about a month. 7. NEW BUSINESS a. Budget - Kayo add a couple of items to the budget, including a new phone system (approximately $3,000) and put in for a programmable, commercial - type of treadmill (approximately $5,600). Amanda Baldwin suggested they put new mirrors in the weight room. Kayo responded that the one that is in there now is cracked and costs about $1000 to replace. It has already been replaced once. Due to the size of the room, there was not enough space to allow additional mirrors to be installed. b. Work Session - Kayo announced that the Council has scheduled a work session to discuss beach area problems. This work session will probably include Parks & Rec, Police, and possibly Planning and Zoning. They will be discussing beach area problems, restroom problems, parking, etc. Duane Bannock stated he would just as soon see the road barricaded, but wasn't sure that was really reasonable. Kayo stated restrooms have been a problem in the past with people knocking them over, etc. People have been camping down there and the dunes are being adversely impacted. They have had to stop traffic in the past due to congestion. C. Budget Sessions - Kayo stated that budget sessions begin in April if anyone is interested in attending. 8. CORRESPONDENCE None. Parks & Rec Commission March 2, 1995 Page 2 9. INFORMATION Amanda Baldwin asked that her address be changed to 312 Princess Street, since she is no longer using the PO box. Roger Seibert commended Amanda on being named runner-up in the state Jr. Miss competition. 10. ADJOURNMENT Roger Seibert MOVED to adjourn. It was SECONDED by Jack Castimore. Meeting was adjourned at 7:35 p.m. Respectfully submitted by: -f Debby J. Fahnholz J Parks & Rec Commission March 2, 1995 Page 3 City of Kenai, Alaska 210 Fidaigo, S , PLANNING AND ZONING COMMISSION "AGENDA" Council Chambers February 22, 1995 Chairman Kevin Walker 1. ROLL CALL 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES Feb 5. PLANNING a. COE Permit -.Kenai River 8. OLD BUSINESS 9. CODE ENFORCEMENT'1TEMS". 10. REPORTS a. City Council.:;::::: b. Borough Planning c. Administration 12. INFORMATION ITEMS '8, 1995 V. Transportation & Implementation 1. Kenai Peninsula Borough Draft Ordinance 94-52 2. Proposed Boat Dock for Greg Davis/Terry Gray - Beavercreek Stream Number 244-30-10010-2025 3. Summary of Kenai River Activites by Federal and State Agencies and the Kenai Peninsula Borough 13. COMMISSION COMMENTS & QUESTIONS 14. ADJOURNMENT PLANNING AND ZONING COMMISSION MINUTES February 22, 1995 Chairman Kevin Walker 1. ROLL CALL - j f Members present: Bryson, Werner-Quade, Mahurin, Walker Members absent: Goecke, Toppa, Glick Also present: Councilman Hal Smalley, Bob Springer, Building Official, and Kathy Woodford, P.W. Admin. Assistant 2. APPROVAL OF AGENDA MOTION PHIL BRYSON MOVED FOR APPROVAL OF THE AGENDA AND ASKED FOR UNANIMOUS CONSENT. KAREN MAHURIN SECONDED. PASSED BY UNANIMOUS CONSENT. 3. APPROVAL OF MINUTES - February 8, 1995 MOTION PHIL BRYSON MOVED FOR APPROVAL OF THE FEBRUARY 8, 1995 MINUTES AND ASKED FOR UNANIMOUS CONSENT. KAREN MAHURIN SECONDED. PASSED BY UNANIMOUS CONSENT. 4. PERSONS PRESENT SCHEDULED TO BE HEARD None 5. PLANNING a. COE Permit - Kenai River 302 - Pillars Chairman Walker asked for staff comments, Springer said there were none. MOTION PHIL BRYSON MOVED FOR A MOTION OF NON -OBJECTION. KAREN MAHURIN SECONDED. Walker asked for public comments. There being none he brought discussion back to the commission. Kenai Planning and Zoning Commission Minutes - February 22, 1995 Page 2 Bryson said the state needs to be notified they need a CUP for the activity described in the permit, unless they are exempt from the CUP process. Walker asked staff to consult with the city attorney to find out whether or not the state is exempt from the city's CUP process. Bryson seaid he assumed other state agencies have addressed this permit concerning the flood plain, 100 yr. flood zone, etc. Smalley said the state agencies that have applied for this permit are the same that dealt with the city's request for a similar facility in the lower river. The agencies were concerned with the city affecting the habitat in the area. Smalley said he wondered if the state is suggesting the area by the pillars is not a critical habitat area. He agreed there needs to be access to the lower river, and supports a project of this nature, but wonders why it would be ok for the state to do this type of project and it is not ok for the city to do the same type of project. Smalley stated the effect on the land would be the same. He asked if the state is exempt from the regulations it passes off onto other agencies. Mahurin said she had checked into the project and found they have considered the flood plain, etc. She said she is familiar with area and has no negative comments about the project. Bryson said Fish & Game should address the same concerns it did with the city's request for a similar project. Walker stated Fish & Game's comments have probably not been sent in yet as this is a comment period. Smalley said he wants to know if the state had to file with the same entities as the city did when applying for their permit, citizens and federal government. Walker stated he hopes all bodies are treated equally, and he added his support of this project. VOTE Bryson Yes Mahurin Yes Werner-Ouade Yes Walker Yes MOTION PASSED UNANIMOUSLY. Kenai Planning and Zoning Commission Minutes - February 22, 1995 Page 3 6. PUBLIC HEARINGS a. Resolution 95-9 - Encroachment 1510 Toyon Way - Walt Carrico MOTION PHIL BRYSON MOVED FOR APPROVAL OF THE ENCROACHMENT APPLICATION. THERESA WERNER-QUADE SECONDED. Springer stated the encroachment is on the side set -back. The requirement is a 15' set- back and this home is at 127. He said the front set -back is acceptable since it is an unoccupied garage and entry way. Walker asked for public comment. Roger Meeks asked if the side set -back was ok at the time of construction. Walker said no, it was not. Meeks stated there is not much that can be done now, but this type of situation needs to have close attention paid to it in the future so it does not continue to happen. Steve Crane, Freedom Realty, asked if the commission had any questions. He added he does have as-builts. Crane said this type of encroachment seems to be a common problem on this street. Nelson Amen said he is the immediate adjoining property owner. He stated he has no objection to the encroachment. Bryson asked Springer if the side set -back was shown on the building permit. Springer said it was. Bryson asked Springer if the city required plot plans prior to issuance of a building permit. Springer stated that we do now, but at the time this home was built he did not believe it was a requirement. He added he has no historical data on whether or not the city was aware of the encroachment. Mahurin said just because something is already there and in place, it does not make it palatable. She said she will vote to approve of the permit but she is concerned with the encroachments that have been permitted and this is something that needs to be carefully watched in the future in order to stop it from happening. Bryson said just because a plot plan is done, it does not assure there will be no encroachment into set -backs. He said all it shows is that the constructor and the city think they know where the building will be constructed. Kenai Planning and Zoning Commission Minutes - February 22, 1995 Page 4 Mahurin asked if the city has a plan to check on developm ent as it is being built. Walker said there is a plan, however, this is on an as -built basis and until the foundation is in, it is very difficult to measure. He added that errors do happen. Walker said he is in agreement with Mahurin that this situation needs to be watched carefully in the future. Walker said some people believe the lot should be surveyed before the foundation is poured, and maybe it is something that should be brought to the City Council. VOTE Werner-Quade Yes Bryson Yes Mahurin Yes Walker Yes MOTION PASSED UNANIMOUSLY. b. Resolution PZ 95-10 - RV Park in Heavy Industrial Zone - Ed Rinner MOTION PHIL BRYSON MOVED FOR APPROVAL OF THE CONDITIONAL USE PERMIT. THERESA WERNER-QUADE SECONDED. Springer said a conditional use permit is required for an RV park in the Heavy Industrial Zone. Ed Rinner, Anchorage, said he is partners with Eugene Browning (City Engineer in Anchorage) in this property. He said they have owned this piece of property for 17 years. He said they feel there maybe a market for a commercial wilderness park that has lots of trees and vegetation and larger parking areas. Rinner said they are looking at 6 - 7 lots per acre; a five acre spot could hold somewhere between 30 and 40 vehicles. He said this would be an alternative to bumper to bumper RV parking. Rinner stated they will be advertising nationally. Rinner stated his displeasure about the Overlay Ordinance 94-52. He said he is concerned about what it will do to real estate in the area. Rinner feels this ordinance will put a lot of property owners into non-conformance so they will have a hard time trying to sell their property. He told the commission he would like some type of protection from this zoning ordinance to protect his investment. Mahurin asked Rinner to define "wildlife park." Kenai Planning and Zoning Commission Minutes - February 22, 1995 Page 5 Rinner said he means that it will not be stripped of trees. The trees and vegetation will remain as it is except for what needs to be cut in order to put parking drives in. He added that he wants this area to be a pleasant spot that people will want to return to. Bryson said that by his calculations, there is less river front property than shown on Rinner's drawing. Rinner said it hasn't been surveyed and his drawing maybe a little off. Bryson asked Rinner to be sure and take care of the discrepancy in the site plan. Werner -Quads asked Rinner if he will allow tent camping. Rinner stated he is going to cater mostly to motorhomes because they are fully contained, but he would not turn away a tent camper. Walker questioned Rinner about the sanitation/sewer system; if he planned to use portables. Rinner said f the park goes well, they plan to put in a dump station. They do not plan any toilets at this time because they're trying to keep down the initial costs until they get through the first season. Walker told Rinner he would have to go through DEC when the time comes because there is no city water or sewer at the location which Rinner stated he is aware of. Walker also asked Rinner about water. Rinner said they will not be putting in water this season. Rinner said there will be an on -site caretaker all season. Bryson stated the CUP requires that the park be running within 6 months of issuance of the permit. He said Rinner needs to check his schedule and be sure it is correct. Rinner said the park would be running before the 6 months is up. He added he was before the commission now in order to get a "feel" for how the city would take this type of development. Walker asked when Rinner plans to start the project. Rinner stated he would begin constructing the roads as soon as the snow melts and the ground hardens. Rinner then thanked the commission for hearing him and again stressed his displeasure with the Overlay Ordinance. Walker asked Springer if administration has received any letters or phone calls regarding this project. Springer stated that to his knowledge no comments had been received. Bryson suggested he would support continuing this hearing to the next meeting in order to give the public more time to comment. Walker said since there has been no public comment he sees no reason to continue - he has no objection to continuing - he just doesn't feel it is necessary since the CUP is for a permitted use. Kenai Planning and Zoning Commission Minutes - February 22, 1995 Page 6 Smalley asked Brysonrf the lower 5 miles of the Kenai River is affected by 94-52. Bryson stated at this time, it is. Smalley stated he thought they had discussed ignoring the lower end and Bryson said it had not been discussed. Walker said very few things could be done with this property and he stated his support for the need to invest in tourism. At this time everyone went to the aerial photo on the wall to see the exact location of the property. Mahurin asked if the CUP can be reviewed later. Walker said conditions could be placed on the permit and the commission could review it at a later date to be sure the conditions have been met. Walker added he plans to go to the RV park and check it out this spring. Mahurin asked what P & Ts enforcement powers are. Walker said the CUP can be revoked or development can be stopped. Bryson stated he wants to see a 165' clearance maintained from the bluff. Rinner said the field where the circle will be is over 100' from the bluff, probably closer to 150'. VOTE Mahurin Yes Bryson Yes MOTION PASSED UNANIMOUSLY. 7. NEW BUSINESS Werner-Duade Yes Walker Yes a. Comprehensive Plan Review - Transportation & Implementation Land Use Plan Walker referred to the Land Use Plan, covered at the last meeting. He said he would like to see a paragraph added on enhanced development in the fire training grounds. Transportation Page 30: Walker stated the K-Beach intersection light has been installed. Bryson asked if the city has petitioned for any other lights. Smalley said Airport Way & Walker. Bryson said that Kenai Planning and Zoning Commission Minutes - February 22, 1995 Page 7 proposal is probably in the state's development plan of the Spur Highway. Werner-Quade said the Tinker Lane and McCollum area needs something there with the schools there. Walker suggested a flashing school zone sign from 1/2 mile before the Junior High all the way past the High School; making it a 20 mph zone. There was some discussion about the over -pass and different kinds of crossing lights. The consensus was to request a 20 mph school zone. Page 31: Bryson mentioned the Marathon escape route - are there any planned upgrades? Walker said at this time there aren't any upgrades planned. He added Nikiski Chamber of Commerce has been trying to get funding for an upgrade for a long time. Werner-Quade brought up the last time the road was used and it was a disaster. Walker said it does need more than one lane, and the condition of the road was not good. Walker stated he would like to see an addendum addressing the lighting situation on the Spur to Swires, asking the state for adequate lighting. Smalley said he thought there 12 to 14 sets planned. Walker again stressed his concern for good lighting, and suggested contacting the legislature for help requesting this lighting. City Facilities Walker stated the paragraph needs updated, we have more personnel working on the Streets. Page 32: Walker requested an update on the number of taxi cab companies in the city. Bryson asked if the sewer line maintenance road has been looked at for a pedestrian trail. Smalley said there has been lots of community requests to make this a pedestrian/bike trail. He added we need to look at funding and watch the road for settling before anything is done. Kenai Planning and Zoning Commission Minutes - February 22, 1995 Page 8 Smalley said there would need to be a boardwalk across Beaver Creek. Walker inquired about getting a corps permit. Bryson said the Habitat Department of the state said, unofficially, it is a good idea. Walker stressed making the boardwalk small enough where vehicles could not use it. Walker said he thought the city should maintain the trail since we need to maintain the sewer line along there also. Werner-Quade stated the bike trail from the High School to town has deteriorated to the point it's impassible and it's badly missed. Walker asked Smalley if in the future gravel could be used rather than pavement for easier maintenance on the pedestrian/bike trails. Smalley agreed it would hold up better, and added he did not think the bike path in front of the high school was actually planned that way, it just happened. Walker stated that, as a commissioner, he felt disincluded in the state's highway plans. He feels the city should have been more involved. Werner-Quade requested a paragraph be added concerning more bike paths. Page 33: Bryson referred to item "b", stating this is a Borough ordinance and Borough process. Walker said this could probably be deleted in the future. Bryson asked to delete half of "d" - traffic signals. Page 34: Werner-Quade stated item "d" seems vague - strip paving? Walker stressed this is a octal - but probably won't happen unless we have a good "boom." Page 35: Smalley said we no longer have three airlines carrying passengers - Southcentral Air is available for charters, but other than that they just do freight. He added enplanements at the airport have increased. Kenai Planning and Zoning Commission Minutes - February 22, 1995 Page 9 Walker asked if the Council has a goal to accommodate larger that 727 airplanes? Smalley said he thinks that is a goal, but we don't have the facilities needed at the airport for security or the facilities for unloading. Marine Transportation Page 36: Walker said eventually the city will need to look at dredging in the harbor. He added he would also like to see an enhanced smallboat harbor - similar to Homer. Walker stated he wanted to mention for the record: "Is anybody, other than myself, aware that the king salmon that are currently in the Kenai River are in fact not a natural indigenous species to the Kenai River, and were planted in this River. They are in fact from Washington." He said the report came out in the 1960's. He added the more this is mentioned, the more Fish & Game will have to back off on the 'no -touchy" on king salmon. There was more discussion regarding dredging in the mouth of the river and some bluff erosion discussion. Bryson asked if the Council views the Marathon road as a collector road. Walker said he felt the concept is to go as far as the apex of the airport - and to eventually develop both sides of the road. Implementation Page 69: Mahurin said she would like to see something added regarding preserving the historical and cultural past/present, and thought maybe this was written before the TSH was developed. Walker concurred with Mahurin. Bryson suggested inviting the Old Town Committee for comments. Walker asked for Planning & Zoning Procedures and Social Cultural and Educational Facilities be scheduled for the next meeting. Mahurin asked for clarification of what the Planning & Zoning Procedures are, code? Walker said Section 9 of the Plan. Kenai Planning and Zoning Commission Minutes - February 22, 1995 Page 10 Werner-Quade said it had been discussed to add a recreation section, are we still going to do it? Walker said he thinks staff is working on that and Parks & Rec. will be invited for comments. 8. OLD BUSINESS None 9. CODE ENFORCEMENT ITEMS None 10. REPORTS Walker noted there were no agendas for the Council meeting or the Borough meeting in the packet. Smalley asked about the car sales lot at the Katmai. Walker said he is under the impression it is not a prohibited use. Walker requested staff look into whether or not this is a perm itted use. Smalley said there have been three Council meetings since P & Z last met. On February 1, there was discussion regarding the Overlay Ordinance. Smalley said Mr. Malanaphy was added to the Townsite Historic Board when Mr. Arness resigned. He said the city has been looking at the Challenger Program and has put in an application for it. Smalley said on February 8, a meeting was held concerning the ambulance fees. He stated most people supported a fee, the concern is how to set the fee. He added the idea is to help offset the cost of the use of the services, and equipment purchases. The Council is looking at implementing the fee schedule in April, if possible, and is looking at $100 - $325 per ride for the low end, up to $1500 for technical rescues (i.e. aircraft accidents, vehicle over bluff, multi -car accidents, etc.). The city will only bill Medicare and Medicaid, any other insurance companies will not be billed, the citizen would have to pay for the fee and get reimbursed from his/her insurance carrier. Smalley said at the February 15 meeting, money was transferred to pay for some OSHA inspection corrections. He said the city had a volunteer OSHA inspection, inviting an OSHA consultant to inspect the city facilities. He said if there would have been fines attached to the problems they found, it would have been approximately $404,000 worth Kenai Planning and Zoning Commission Minutes - February 22, 1995 Page 11 of problems. Smalley stressed this is not saying the city is in bad shape. The upgrades were, for the most part, small items. He added that $21,000 will take care of most of the required repairs. Walker asked Smalley to address through the City Manager why the Public Works Department Head did not address these problems a few years ago when first requested to by the Council. He added if OSHA had come in to inspect before we had the OSHA consultant here, these fines could very well have been issued and had to be paid. Walker stressed his feelings about the City being in compliance with OSHA regulations. Smalley said the items identified by the consultant are being corrected and by correcting them, the City should be in compliance. Smalley said the Council has been assured the problems are being corrected. Walker stated it is disheartening to see industry having to comply with these issues, and government can sort of overlook the issues. Smalley suggested Walker speak with the City Manager to get a better idea of the issues involved with the OSHA consultant's inspection. Smalley mentioned the annual lease rate - shore fishery tidelands was set at $300 for the permits issued on the north end of the road. Bryson reported there was a Borough Planning meeting on February 13. There was a petition to vacate two streets and associated easements adjacent to the Kasilof River. One roadway (Osbome Street) provided access to a gravel pad, closer to the lower bank on the river. In order to get to the benches on the gravel pad you had to trespass. This request for vacation was denied. The second road, St. Elias, was a road that ended in a culdesac, and was passed. Bryson said there was a lot of discussion regarding the mining problems in Cooper Landing. The recommendation was to give the property back to the State (they hold the mining rights) have them determine if the squatters facilities are required for mining, and enforce their own mining problems. He added there is not a good solution to this problem and the Borough Assembly will probably come up with some kind of short term or long term transfer of surface rights to some of the squatters. 11. PERSONS PRESENT NOT SCHEDULED None Kenai Planning and Zoning Commission Minutes - February 22, 1995 Page 12 12. INFORMATION ITEMS Kenai Peninsula Borough draft Ordinance 94-52 Walker said it appears the Borough does not want the City of Kenai excluded from their overlay district. He said (referring to the City Attorney's comments in the packet) that the city does not agree with them. Walker added he has spoken with Council members and the Mayor and has been assured the city will continue to fight to stay out of this overlay district. Walker urged the commission to send letters to the Borough Assembly asking that Kenai be disincluded or that the entire piece of legislation be dropped. 2. Proposed Boat Dock for Greg Davis/Terry Gray - Beavercreek Stream Number 244-30-10010-2025 No discussion. 3. Summary of Kenai River Activities by Federal and State Agencies and the Kenai Peninsula Borough No discussion. 13. COMMISSION COMMENTS AND QUESTIONS Werner-Quade reported on the seminar she attended in Anchorage sponsored by the Alaska Chapter of American Planning Association and the State Department of Community and Regional Affairs. She said there were some very good speakers at the seminar and it was well worth her while to attend. (She does have extra pamphlets on some of the topics for any commissioner interested.) Mahurin said she would like to have staff draw up something regarding having property surveyed before a home is put up in order to help alleviate the encroachment problem. Walker concurred with Mahurin's statement. There was discussion with the Building Official regarding this subject. Bryson said there was a Borough meeting last night where there was a motion to delete the City of Kenai from the Overlay Ordinance. It failed. Walker wanted it noted that the representatives on that body seem to support this ordinance even though the city does not. Walker stated his support for user fees regarding Amublance/EMS. He mentioned the Kenai Planning and Zoning Commission Minutes - February 22, 1995 Page 13 State of Alaska Library has enhanced the brought attention to the oil companies being to a zero tolerance rule. 14. ADJOURNMENT it computer modem system. Walker also levied fines and noted we are coming closer Chairman Walker adjourned the meeting at 9:55 p.m. Respectfully submitted by Kathy Woo ord, P.W. Aftin. Assistant City of Kenai, Alaska 210 Fidalgo, SuitE �, J PLANNING AND ZONING COMMISSION "AGENDA" Council Chambers March 8, 1995 Chairman Kevin Walker 1. ROLL CALL 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES February 22, 1995 4. PERSONS PRESENT SCHEDULED TO BE HEARD a. Dorothy Gray - Interpretative Site - Village of Shk'ituk't 5. PLANNING a. Resolution PZ 95-11: Amending KMC 14.20.105 (c) (4) b. Resolution PZ 95-12: Amending KMC 14.20.105 (m) (4) 6. PUBLIC HEARINGS 7. NEW BUSINESS a. Comprehensive Plan Review - Planning & Zoning Procedures, and Social, Cultural and Educational Facilities 8. OLD BUSINESS 9. CODE ENFORCEMENT ITEMS 10. REPORTS a. City Council b. Borough Planning c. Administration 11. PERSONS PRESENT NOT SCHEDULED 12. INFORMATION ITEMS a. Taxicab Companies - Memo from City Clerk b. KRSMA Advisory Board Minutes c. Katmai "Used Car Lot" - Memo from Building Official e. HEA Transmission Line 13. COMMISSION COMMENTS & QUESTIONS 14. ADJOURNMENT City of Kenai, Alaska 210 Fidalgo, Suite 200 PLANNING AND ZONING COMMISSION **MINUTES** Council Chambers March 8, 1995 Chairman Kevin Walker 1. ROLL CALL Members present: Carl Glick, Teresa Werner-Quade, Bill Toppa, Karen Mahurin, Kevin Walker Members absent: Phil Bryson, Ron Goecke Also present: Councilman Duane Bannock; City Engineer Jack La Shot; Administrative Assistant Loretta Harvey 2. APPROVAL OF AGENDA MOTION AND VOTE: KAREN MAHURIN MOVED FOR APPROVAL OF AGENDA AS PRESENTED AND ASKED FOR UNANIMOUS CONSENT. CARL GLICK SECONDED. AGENDA APPROVED BY UNANIMOUS CONSENT. 3. APPROVAL OF MINUTES February 22, 1995 MOTION AND VOTE: KAREN MAHURIN MOVED FOR APPROVAL OF MINUTES AS PRESENTED AND ASKED FOR UNANIMOUS CONSENT. TERESA WERNER-QUADE SECONDED. MINUTES APPROVED BY UNANIMOUS CONSENT. 4. PERSONS PRESENT SCHEDULED TO BE HEARD a. Dorothy Gray - Interpretative Site - Village of Tc'k'itu'k Historic District Board (HDB) Chairperson Dorothy Gray passed out information regarding the original native village. The area is located on the Daubenspeck property which was deeded to the City to be used for recreational purposes. Planning & Zoning Commission January 25, 1995 Page 1 City of Kenai, Alaska 210 Fidalgo, Suite 200 PLANNING AND ZONING COMMISSION **MINUTES** Council Chambers March 8, 1995 Chairman Kevin Walker 1. ROLL CALL Members present: Carl Glick, Teresa Werner-Quade, Bill Toppa, Karen Mahurin, Kevin Walker Members absent: Phil Bryson, Ron Goecke Also present: Councilman Duane Bannock; City Engineer Jack La Shot; Administrative Assistant Loretta Harvey 2. APPROVAL OF AGENDA MOTION AND VOTE: KAREN MAHURIN MOVED FOR APPROVAL OF AGENDA AS PRESENTED AND ASKED FOR UNANIMOUS CONSENT. CARL GLICK SECONDED. AGENDA APPROVED BY UNANIMOUS CONSENT. 3. APPROVAL OF MINUTES February 22, 1995 MOTION AND VOTE: KAREN MAHURIN MOVED FOR APPROVAL OF MINUTES AS PRESENTED AND ASKED FOR UNANIMOUS CONSENT. TERESA WERNER-QUADE SECONDED. MINUTES APPROVED BY UNANIMOUS CONSENT. 4. PERSONS PRESENT SCHEDULED TO BE HEARD a. Dorothy Gray - Interpretative Site - Village of Tc'k'itu'k Historic District Board (HDB) Chairperson Dorothy Gray passed out information regarding the original native village. The area is located on the Daubenspeck property which was deeded to the City to be used for recreational purposes. Planning & Zoning Commission January 25, 1995 Page 1 The HDB would like the help of Planning and Zoning and other groups to develop plans for an interpretive site at this location. After discussion the Commission agreed this would be benefit the City. A work session of Council, P&Z, Parks and Rec and other interested parties was scheduled for April 12th, 6:00 p.m. to discuss such a plan. 5. PLANNING a. Resolution PZ 95-11: Amending KMC 14.20.105 (c) (4) MOTION: KAREN MAHURIN MOVED FOR APPROVAL OF RESOLUTION PZ 95-11. CARL GLICK SECONDED. DISCUSSION: Jack La Shot noted the letter which had been received from the State Historic Preservation Officer. There were a couple of items recommended in regards to the Certified Local Government application. The HDB had recommended the resolutions be submitted in response to these recommendations. VOTE: BRYSON GOECKE GLICK MAHURIN TOPPA WERNER- QUADE WALKER ABSENT ABSENT YES YES YES YES YES b. Resolution PZ 95-12: Amending KMC 14.20.105 (m) (4) MOTION: KAREN MAHURIN MOVED FOR APPROVAL OF RESOLUTION PZ 95-12. CARL GLICK SECONDED. DISCUSSION: Chairman Walker asked if annually was an appropriate time to update the survey? Karen Mahurin noted the survey would not be updated each year, but reviewed on a yearly basis and updated if necessary. Planning & Zoning Commission January 25, 1995 Page 2 VOTE: BRYSON GOECKE GLICK MAHURIN TOPPA WERNER- QUADE WALKER ABSENT ABSENT YES YES YES YES YES 6. PUBLIC HEARINGS 7. NEW BUSINESS a. Comprehensive Plan Review - Planning & Zoning Procedures, and Social, Cultural and Educational Facilities Page 71: Planning and Zoning Procedures There were no changes to the text. Teresa Werner-Quade noted the last paragraph on column one which states: A clear, well -written code is important not only for administrative simplicity, but also to stand any appeals or legal challenges. Although most Alaska communities have thus far avoided such challenges, many other U.S. towns and cities have been sued by developers and citizens for vague and arbitrary decisions. She felt it was very important the Commission adhere to this portion of the Plan. Page 72: Planning and Zoning Procedures Column 1: Paragraph 1 d. River and Tributary Site Plan Review Ordinance. Does Ordinance exist? If not, should be created. Column 2: Paragraph b. Change to: Continue Marathon Road development of industrial park. Paragraph d. Delete, already discussed. Page 67: Social, Cultural, and Education Facilities Column 1: Paragraph 2. Update Kenai Bicentennial Visitor Cultural Center (KBVCC). Paragraph 3. Add reference to Historic District Board and Certified Local Government Status. Planning & Zoning Commission January 25, 1995 Page 3 Column 2: Paragraph 3. Update enrollment figures in more positive light. Page 68: Social, Cultural, and Education Facilities Paragraph b. Add reference to Historic Survey grant. Utilizing the money to enhance historic preservation efforts. Paragraph c. Encourage cultural and historic exhibits be displayed at the KBVCC. Items for review at the next meeting will be: Employment and Population Forecasts and Public Facilities and Services. 8. OLD BUSINESS 9. CODE ENFORCEMENT ITEMS 10. REPORTS a. City Council Councilman Bannock reported on agenda items, including: Games of Chance and Contests of Skill Multiple -Beneficiary Permit Application, which was tabled due to public testimony. Residents were concerned that non-profit dollars would be going out of the community to Juneau. A work session has been scheduled for March 13th at 7:00 p.m. to discuss protecting the sanddunes during the summer season. b. Borough Planning - Not available c. Administration Jack La Shot reported that a building permit has been applied for renovation of half of the upstairs in the Old Courthouse. All of the renovation is interior, there will be no exterior or landscape changes. The City has received Certified Local Government status under the National Historic Preservation Act. Planning & Zoning Commission January 25, 1995 Page 4 A lease application for a DGPS for the Coast Guard will be reviewed at the next meeting. An application for a rezone of up to 40 acres near Woodland Subdivision may be forthcoming. The applicant will be subdividing this property, extending public water and sewer. The applicant is unsure at this time what exactly will be planned. 11. PERSONS PRESENT NOT SCHEDULED 12. INFORMATION ITEMS a. Taxicab Companies - Memo from City Clerk b. KRSMA Advisory Board Minutes c. Katmai "Used Car Lot° - Memo from Building Official Chairman Walker commented that this was a permissible use in this zone, however, he asked that Staff verify that the owner's have a business license for this activity and are paying Sales Tax. d. H EA Transmission Line 13. COMMISSION COMMENTS & QUESTIONS Karen Mahurin said she would not be at the March 22nd meeting as she would be in Juneau. She also reported that Ken Jordan will give a slide presentation on early Kenai at the Historic District Board meeting March 28th. She invited interested members to attend. 14. ADJOURNMENT There being no further business Bill Toppa moved for adjournment. The meeting was adjourned at approximately 8:12 P.M. Respectfully submitted, oretta Harvey, dministr Assistant Planning & Zoning Commission January 25, 1995 Page 5 D-q HISTORIC DISTRICT BOARD February 28, 1995 - 6:00 p.m. ***AGENDA*** Kenai Council Chambers Chair Dorothy Gray 1. CALL TO ORDER 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES January 24, 1995 4. PERSONS PRESENT SCHEDULED TO BE HEARD a. Ken Jordan - Original Village of Shk'ituk't 5. HISTORIC BOARD REVIEW 6. NEW BUSINESS a. Historic Preservation Threatened Properties Inventory 7. OLD BUSINESS a. Goals & Objectives b. CLG Status 8. REPORTS 9. INFORMATION a. Clarion Article - "Sign would honor Dena'ina Village" b. Resignation - Jim Arness c. History of Mining on Upper Fish Creek (hand carried) 10. BOARD QUESTIONS AND COMMENTS 11. ADJOURNMENT PLEASE CONTACT LORETTA AT 283-7933 IF YOU ARE UNABLE TO ATTEND SO WE CAN ESTABLISH A QUORUM HISTORIC DISTRICT BOARD February 28, 1995 - 6:00 p.m. ***MINUTES*** Kenai Council Chambers Chair Dorothy Gray 1. CALL TO ORDER Members present: Dorothy Gray, Kim Booth, Alan Boraas, Wanda Carlson, Rose Ann Murphy, Roger Meeks, Ethel Clausen, James Malanaphy Members absent: Diane Rathman Also present: Councilpersons Jim Bookey and Chris Monfor; P&Z Commissioner Karen Mahurin; City Engineer Jack La Shot; Administrative Assistant Loretta Harvey Loretta Harvey administered the oath of office to Kim Booth and James Malanaphy and welcomed them to the Board. 2. APPROVAL OF AGENDA Dorothy Gray asked to add under Old Business: Update of Fish & Wildlife Property. Agenda approved as amended. 3. APPROVAL OF MINUTES January 24, 1995 Rose Ann Murphy had several changes to the assignments on Goals and Objectives, page 4. Roger Meeks noted that page 2, paragraph 3, should say Jordan instead of Johnson. So noted. Minutes approved as amended. 4. PERSONS PRESENT SCHEDULED TO BE HEARD a. Ken Jordan - Original Village of Shk'ituk't Roger Meeks introduced Ken Jordan and his wife. Historic District Board February 28, 1995 Page 1 Ken Jordan said he had come to Kenai in 1946. In 1942 the Civil Aeronautics sent a crew in to clean up the area. They removed everything and burned an area of the bluff. They put up three pre-cut buildings, the small tower, the generator and utility buildings. In 1942 they put up three more houses. In the process of this development, the survey was incorrect and the houses were put on the cannery property, which they then had to lease. The riverbank has receded about 50 feet since that time. In 1949 they cleared additional property and put up antennas for telecommunication, from Anchorage. Jordan said he had a garden on the property and there was an iron stake which designated the Russian Church property. When he broke up the garden he found a lot of artifacts (which he displayed for the Board). There were signs that a village had existed on this land. The Church had moved the natives down by the church and then burned down the village. When he worked the garden, the soil was full of beads, when it rained the ground was covered with beads, all shapes and sizes. When the Jordan's moved to Daniel's Lake, the garden plot was bulldozed. There used to be cottonwood trees and spruce in this area. Jordan felt they built here because it was the most suitable place for a plane to land. During the winter, the old ski planes could land, in the summertime they landed on the beach. Roger Meeks noted until the Federal Land Auction of 1955, most people in Kenai were squatters. You either bought the land for accessed value or they auctioned off the land. Chairperson Gray thanked Jordan for the presentation and asked him to return for the March 28th meeting to show slides of early Kenai. Alan Boraas said he also had some slides to present. Staff noted that Jordan and Boraas slide presentations should be placed on the agenda for that meeting. 5. HISTORIC BOARD REVIEW None. 6. NEW BUSINESS a. Historic Preservation Threatened Properties Inventory Chairperson Gray noted that each year the Alaska Historic Preservation puts out a list of the top ten endangered properties in Alaska. The properties don't receive money, but they do receive attention for grants, etc. Gray asked if there were any properties in Kenai that should be included in the list. Historic District Board February 28, 1995 Page 2 Councilperson Monfor asked if it had to be a building? James Malanaphy noted that sites and landmarks do qualify even though the form isn't stated that way. He said he was working with Soldotna and Kasilof to submit properties for the Federal Program. The properties will be added to a compilation of historic preservation needs for Congress to review when allocating preservation funds. Roger Meeks said that is one reason the Historical Society is trying to hold on to the old public library building. It housed many of the firsts for Kenai, such as the first, school, church, courtroom, chambers, public health nurse station, and fire department. b. Plan for Presenting Village Size to Planning and Zoning Alan Boraas said it appeared that the area, which was indicated on the plat of Tract C of the Daubenspeck property as Russian Mission property, appeared to be consistent with reports on where the original village was located. Chairperson Gray said when she learned that the property belonged to the church she believed it was where the original village was. Right now the property is vacant and is surrounded by the Daubenspeck property which was deeded to the city for recreational purposes. She felt it would be an excellent location for an interpretive site, which would include information signs and trails. Alan Boraas asked if the Church might have any objections to using this property for such a purpose? Chairperson Gray said she did not feel the church would have a problem with this. This property is just a small piece of property which is tax exempt because it may be a burial site. The church would probably have no use for it, except for a small shrine. Councilman Bookey asked for clarification of what was wanted. Does the Board want to make this area Townsite Historic, and then identify sites and walkways to be developed? Alan Boraas felt the site is a very important part of the whole scheme of Kenai. In order to present that history to residents and tourists it would be important to present a walking trail with signs and a few picnic tables or benches, so people could hear more about Kenai's history. He felt it was important to get something going in this area. It could be a modest development at this time. He felt it was remarkable that the City owned the property on the oldest site in Kenai and it appeared it would be compatible with the owner's wishes that it be used for public purposes. This would Historic District Board February 28, 1995 Page 3 benefit everyone in the community, especially the seniors, that live in this area. Alan Boraas suggested that a representative of the Board attend the next Planning and Zoning Commission meeting and present the idea and ask for help and suggestions on how to proceed with the development of this site. James Malanaphy said he felt that a short, and long term strategy should be established which would include how to develop the site to its best potential. Kim Booth felt it would be a great asset to the community because so many residents are not aware of the local heritage before the oil industry arrived. Chairman Gray said she would be willing to present this idea to P8Z and asked other Board members to attend, if possible. 7. OLD BUSINESS a. Goals & Objectives Chairperson Gray noted a new person needed to be assigned to number 12 of the G&O's: Statement of public sector's responsibilities toward city -owned historic resources (such as parks, streets, public buildings, etc.). James Malanaphy volunteered to put together a draft of these items. Chairperson Gray reminded other Board members that the time -line to have rough drafts into the Board for the G&O's was April. b. CLG Status Chairperson Gray noted that the City had received CLG status. There were some recommendations the SHPO had in regards to the certification. One of which was to update the plan more frequently then every 10 years. MOTION AND VOTE: JAMES MALANAPHY MOVED TO RECOMMEND TO THE PLANNING AND ZONING COMMISSION AND THE CITY COUNCIL THAT THE TSH ORDINANCE BE AMENDED TO REFLECT THE SURVEY BE UPDATED ANNUALLY, INSTEAD OF TEN YEARS PER KMC SECTION 14.20.105 (C) (4). ALAN BORAAS SECONDED. PASSED UNANIMOUSLY. Historic District Board February 28, 1995 Page 4 James Malanaphy said the other recommendation was to change the Code to reflect that the Historic District Board is carrying out the purposes of section 101 (b), and not the entire National Historic Preservation Act. MOTION AND VOTE: JAMES MALANAPHY MOVED TO RECOMMEND TO THE PLANNING AND ZONING COMMISSION AND THE CITY COUNCIL THAT THE TSH ORDINANCE BE AMENDED TO REFLECT THAT THE HISTORIC DISTRICT BOARD HAS BEEN CERTIFIED TO CARRY OUT THE PURPOSES OF SECTION 101 (B) OF THE NATIONAL HISTORIC PRESERVATION ACT. ROSE ANN MURPHY SECONDED. PASSED UNANIMOUSLY. b. Update on Fish and Wildlife Property Chairperson Gray noted that a bill had been introduced by Don Young endorsing a negotiation package with Kenai Native Association. The bill has been reintroduced this year, but there has been no action on this item. 8. REPORTS 9. INFORMATION a. Clarion Article - "Sign would honor Dena'ina Village" b. Resignation - Jim Arness c. History of Mining on Upper Fish Creek (hand carried) 10. BOARD QUESTIONS AND COMMENTS 11. ADJOURNMENT There being no further business the meeting was adjourned at approximately 8:05 p.m. Respectfully submitted, Loretta Harvey, Administrative Assistant Historic District Board February 28, 1995 Page 5 CITY OF KENA - Gd CapiW 4 4&...,. 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 _ FAX 907-283-3014 bylyrd �w+rar "z MEMORANDUM TO: Mayor John Williams & City Council FROM: Planning and Zoning Commission Loretta Harvey, Administrative Assista DATE: March 9, 1995 RE: WORK SESSION TO DISCUSS - VILLAGE OF SHK'ITUKT INTERPRETIVE SITE - DAUBENSPECK PROPERTY At their meeting of March 8th the Planning and Zoning Commission scheduled a work session with the Historic District Board on April 12th at 6:00 p.m. to discuss the above referenced item. Interested members of the Council are invited to attend and participate. A. B. C. AGENDA KENAI CITY COUNCIL - REGULAR MEETING MARCH 1, 1995 7:00 P.M. RENAI CITY COUNCIL CHAMBERS 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. SCHEDULED PUBLIC COMMENT (10 Minutes) PUBLIC HEARINGS 1. Ordinance No. 1628-95 - Increasing Estimated Revenues and Appropriations by $73,500 in a New Capital Project Fund Entitled "C.A.P. Taxiway and Apron." 2. Ordinance No. 1629-95 - Increasing Estimated Revenues and Appropriations by $40,000 in the General Fund for Legal Expenses Related to Inlet Woods Special Assessments. 3. Ordinance No. 1630-95 - Increasing Estimated Revenues and Appropriations by $11,243 in the General Fund for Additional Overtime and Benefits in Several Public Works Departments. 4. Ordinance no. 1631-95 - Amending KMC 11.20.160(a)(2) to Set Lease Rates of Tidelands at Six Percent (6%) of Fair Market Value and to Clarify Meaning. 5. Ordinance No. 1632-95 - Establishing KMC 11.20.790 Setting the Annual Lease Rate of Shore Fishery Tidelands at $300 and Setting policy for Shore Fishery Tideland Leases. 6. Resolution No. 95-7 - Transferring $3,100 in the General Fund for Additional Transportation Expenses in the City Manager Department. -1- D. 7. Resolution No. 95-11 - Transferring $1,505 in the General Fund for Travel Expenses for Attendance at a Maintenance and Repair Seminar on Fire Aerial Devices. 8. Resolution No. 95-12 - Awarding a Contract to Applied Concepts, Inc. for the Purchase of Four Hand -Held Police Traffic Radars. 9. Conditional Protest Release and 1995-96 Liquor License Renewal - Rainbow Bar and Grill 10. *1995/96 Liquor License Renewal - Peninsula Oilers - Recreational Site. 11. *1995/96 Liquor License Renewal - BPO Elks Lodge #2425 - Club. 12. *ABC Application for Restaurant Designation Permit - Mr. D's - Beverage Dispensary. 13. *1995 Games of Chance and Contests of Skill Permit Application - Alaskan Independence Party. 14. *1995 Games of Chance and Contests of Skill Permit Application - Mt. View Elementary School PTA. 15. *1995 Games of Chance and Contests of Skill Multiple - Beneficiary Permit Application - Multiple Charities Association Co -Op. COMMISSION/COMMITTEE 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 F. 1. *Special Meeting of February 8, 1995. 2. *Regular Meeting of February 15, 1995. 1. *2/24/95 E. Rinner letter regarding the proposed Kenai River Overlay District. -2- G. OLD BIISINESS 1. Discussion - Wellness Program H. NEW BIISINESS 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $2,500 3. *Ordinance No. 1633-95 - Increasing Estimated Revenues and Appropriations by $343.84 in the Senior Citizens - Borough Special Revenue Fund to Hire a Part -Time Gardener for the Summer Months. 4. Approval - Kenai Peninsula Caucus Dues for the 1995 Fiscal Year - $727.00. 5. Discussion - Sand Dunes/Kenai Beach. 6. Demonstration/Discussion - Accessing the Internet. 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- RENAI CITY COUNCIL - REGULAR MEETING MARCH 1, 1995 7:00 P.M. RENAI CITY COUNCIL CHAMBERS 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, Williams, Bookey, Swarner, Monfor and Measles. Councilman Bannock arrived at approximately 7:15 p.m. A-5. AGENDA APPROVAL Mayor Williams requested the following changes to the agenda: ADD TO: I-1, Mayor's Report - a. 3/1/95 Draft letter to public. b. 2/17/95 CRG opinion. ADD AS: Information Item No. 15 - Economic Development District, EDD News of Note: from the desk of the Executive Director. ADD AS: Information Item No. 16 - Resource Development Council for Alaska, Inc. letter of 2/23/95. ADD AS: Information Item No. 17 - 3/1/95 TJM memorandum regarding Proposed Ambulance Fee Schedule and attachments. MOTION: Councilman Smalley MOVED for approval of the amended agenda. Councilman Bookey SECONDED the motion. Councilman Smalley requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. A-6. CONSENT AGENDA Mayor Williams requested the following change to the Consent Agenda: KENAI CITY COUNCIL MEETING MINUTES MARCH 1, 1995 PAGE 2 ADD TO: C-151 1995 Games of Chance and Contests of Skill Multiple -Beneficiary Permit Application - Multiple Charities Association Co -Op: a. Alaska Administrative Code, 12 AAC 34.200 b. 3/1/95 American Legion letter. ADD AS: C-16, 1995 Games of Chance and Contests of Skill Permit Application - Alaska Independent Blind. Councilman Measles requested Item C-15 be removed from the Consent Agenda and placed on the regular agenda for public hearing. There were no objections. SO ORDERED. MOTION: Councilman Smalley MOVED for approval of the Consent Agenda as amended. There were no objections. SO ORDERED. Mayor Williams explained he requested a presentation regarding accessing the Internet be placed on this agenda. He stated he believed the presentation would be very informative as to what is available and what is in the future for the City of Kenai. ITEM B: SCHEDULED PUBLIC COMMENT None. ITEM C: PUBLIC HEARINGS C-1. Ordinance No. 1628-95 - Increasing Estimated Revenues and Appropriations by $73,500 in a New Capital Project Fund Entitled "C.A.P. Taxiway and Apron." MOTION: Councilman Measles MOVED for adoption of Ordinance o. 1628-95 and Councilwoman Monfor SECONDED the motion. There were no public comments. Councilwoman Swarner asked if the cost would be reimbursable. Councilman Measles stated it would not be. Swarner asked if Airport funding would be used. Acting Finance Director Robin Feltman answered yes. KENAI CITY COUNCIL MEETING MINUTES MARCH 1, 1995 PAGE 3 Councilman Measles directed his question to Public Works Director Kornelis and City Manager Manninen. Measles asked if Administration felt comfortable with the cost and if the job could be done for the cost. Manninen stated at this point this was the best estimate. They will not know until the bids are received. They believe the work can be done for the amount of money estimated. Williams stated it makes more of a bargain as a lot of the surveying and engineering time has been donated. Measles added he believed the subsurface should be in good condition and a lot of excavation will not be needed. VOTE: Bannock: Absent Smalley: Yes Williams: Yes Bookey: Yes Swarner: Yes Monfor: Yes Measles: Yes MOTION PASSED UNANIMOUSLY. C-2. Ordinance No. 1629-95 - Increasing Estimated Revenues and Appropriations by $40,000 in the General Fund for Legal Expenses Related to Inlet Woods Special Assessments. MOTION: Councilwoman Swarner MOVED for approval of Ordinance No. 1629-95 and Councilman Measles SECONDED the motion. There were no public or council comments. VOTE: Bannock: Absent Smalley: Yes Williams: Yes Bookey: Yes Swarner: Yes Monfor: Yes Measles: Yes MOTION PASSED UNANIMOUSLY. C-3. Ordinance No. 1630-95 - Increasing Estimated Revenues and Appropriations by $11,243 in the General Fund for Additional Overtime and Benefits in Several Public Works Departments. KENAI CITY COUNCIL MEETING MINUTES MARCH 1, 1995 PAGE 4 MOTION: Councilman Smalley MOVED for adoption of Ordinance No. 1630-95 and Councilwoman Swarner SECONDED the motion. There were no public or council comments. VOTE: Bannock: Absent Smalley: Yes Williams: Yes Bookey: Yes Swarner: Yes Monfor: Yes Measles: Yes MOTION PASSED UNANIMOUSLY. C-4. Ordinance no. 1631-95 - Amending KMC 11.20.160(a)(2) to Set Lease Rates of Tidelands at Six Percent (6%) of Fair Market Value and to Clarify Meaning. MOTION: Councilwoman Monfor MOVED for adoption of Ordinance No. 1631-95 and Councilman Smalley SECONDED the motion. There were no public or council comments. VOTE: Bannock: Absent Smalley: Yes Williams: Yes Bookey: Yes Swarner: Yes Monfor: Yes Measles: Yes MOTION PASSED UNANIMOUSLY. C-5. Ordinance No. 1632-95 - Establishing KMC 11.20.790 Setting the Annual Lease Rate of Shore Fishery Tidelands at $300 and Setting policy for Shore Fishery Tideland Leases. MOTION: Councilwoman Monfor MOVED for adoption of Ordinance No. 1632-95 and Councilwoman Swarner SECONDED the motion. KENAI CITY COUNCIL MEETING MINUTES MARCH 1, 1995 PAGE 5 Public Comment: Joe Moore: Stated his support of the ordinance as it is fair and equitable. City Attorney Graves informed Council the new ordinance requires lessees to acquire liability insurance. When he and Administrative Assistant Kim Howard wrote the new ordinance, they were not directed by Council not to place it in the ordinance. They felt it important to place the requirement in the ordinance. He did not believe the insurance would be too costly. Smalley asked what was the potential of problems for the City. Graves stated that if there was an accident, there is the potential for the City to be included in a claim. Joe Moore: Stated that with the subsistence/personal use fishery, people use the sites without a lease. Graves stated it is an economic activity on public property. He added he personally felt the liability insurance requirement should be included in the ordinance. The old leases did not require the insurance. However, it would be required with renewals and new leases. Measles asked if the requirement was removed from these leases, what effect would that have on other city leases. Graves answered he did not believe there would be an impact on other leases. Williams stated these are different types of leases because they lease tidelands for water -related commerce. Graves stated a good case could be made because they are different -- they do not give exclusive use of the land. The shore fishery lessees cannot exclude people from walking on the leased property. Measles asked if the lease indemnifies the City. Graves stated that would be what the insurance would do. Measles suggested removing the requirement (for the liability insurance) and modify the lease to indemnify the city. Graves stated that could be done. Graves then corrected his previous statement. An indemnification clause was already included in the leases. KENAI CITY COUNCIL MEETING MINUTES MARCH 1, 1995 PAGE 6 Councilman Measles MOVED to amend Ordinance No. 1632-95 to remove the requirement for public liability insurance. Graves noted section (b) of the ordinance and suggested it be amended by adding "Section 11.20.620(b)." Councilman Measles stated the motion should be reworded to what Attorney Graves stated. Councilman Bookey again SECONDED the motion. VOTE ON AMENDMENT: Councilman Measles requested UNANIMOUS CONSENT on the amendment. There were no objections. SO ORDERED. Councilman Bannock arrived at 7:15 p.m. There was no further discussion on the amended ordinance. VOTE ON AMENDED ORDINANCE: VOTE: Bannock: Yes Smalley: Yes Williams: Yes Bookey: Yes Swarner: Yes Monfor: Yes Measles: Yes MOTION PASSED UNANIMOUSLY. C-6. Resolution No. 95-7 - Transferring $3,100 in the General Fund for Additional Transportation Expenses in the City Manager Department. MOTION: Councilwoman Monfor MOVED for approval of Resolution No. 95-7 and requested UNANIMOUS CONSENT. Councilman Measles SECONDED the motion. There were no public or council comments. VOTE: There were no objections to the motion. 80 ORDERED. KENAI CITY COUNCIL MEETING MINUTES MARCH 1, 1995 PAGE 7 C-7. Resolution No. 95-11 - Transferring $1,505 in the General Fund for Travel Expenses for Attendance at a Maintenance and Repair Seminar on Fire Aerial Devices. MOTION: Councilman Bookey MOVED for approval of Resolution No. 95-11 and Councilwoman Monfor SECONDED the motion and requested UNANIMOUS CONSENT. There were no public or council comments. VOTE: There were no objections to the motion. 80 ORDERED. C-8. Resolution No. 95-12 - Awarding a Contract to Applied Concepts, Inc. for the Purchase of Four Hand -Held Police Traffic Radars. Councilwoman Monfor MOVED for approval of Resolution No. 95-12 and Councilman Measles SECONDED the motion. There were public comments. Williams noted there were no traffic accident fatalities in the City of Kenai during the last fiscal year. VOTE: Councilwoman Swarner requested UNANIMOUS CONSENT. There were no objections. 80 ORDERED. C-9. Conditional Protest Release and 1995-96 Liquor License Renewal - Rainbow Bar and Grill Attorney Graves explained the Rainbow Bar and Grill is behind in property taxes and the City has filed a protest. The bar owners have found a buyer for the property. In order to close on the sale, the owners are requesting a temporary lifting of the protest. The lifting of the protest will allow for the sale, but additionally, all delinquent taxes would be paid in full at the same time. Graves stated he supported the conditional protest release. KENAI CITY COUNCIL MEETING MINUTES MARCH 1, 1995 PAGE 8 MOTION: Councilman Measles MOVED for approval of the conditional Protest Release and the 1995-96 liquor license renewal and transfer. Councilwoman Monfor SECONDED the motion. VOTE: There were no objections to the motion. SO ORDERED. C-10. 1995/96 Liquor License Renewal - Peninsula Oilers - Recreational Site. Approved by consent agenda. C-11. 1995/96 Liquor License Renewal - BPO Elks Lodge #2425 - Club. Approved by consent agenda. C-12. ABC Application for Restaurant Designation Permit - Mr. D's - Beverage Dispensary. Approved by consent agenda. C-13. 1995 Games of Chance and Contests of Skill Permit Application - Alaskan Independence Party. Approved by consent agenda. C-14. 1995 Games of Chance and Contests of Skill Permit Application - Mt. View Elementary School PTA. Approved by consent agenda. C-15. 1995 Games of Chance and Contests of Skill Multiple - Beneficiary Permit Application - Multiple Charities Association Co -Op. Removed from consent agenda at the beginning of the meeting. This item was placed on the regular agenda in order to hold a public hearing on the matter. Councilman Measles explained he requested this item be removed from the consent agenda after receiving a number of telephone calls from representatives of some of the non-profit KENAI CITY COUNCIL MEETING MINUTES MARCH 1, 1995 PAGE 9 organizations who also hold gaming permits. Measles added the people calling him were concerned that an out -of -the -area non- profit would be running games in Kenai and taking profits from the local area. Measles noted there were persons in attendance from other non -profits who would like to speak to the matter. Clerk Freas was asked to review the information she learned in speaking with a representative from the Division of Gaming in Anchorage. Freas stated she was told that a permittee can sell pull tabs in two different areas, the same night, as long as the pull tabs were not from the same box (serial number); the Division of Gaming has received a lot of telephone calls from persons of non -profits stating their concerns that this may be an "operator" business -- the Division of Gaming cannot make any type of determination without reviewing the application and they have not received the application because it has not been approved by Council; the application as it is now has only three groups included and to add a group, another MBP application would have to be submitted -- each time a group is added, a new application must be submitted and approved; and that because the third box in Question No. 6 (second page) of the application was marked, an explanation must be attached to the application in order for the application to be considered complete. Colonel Allar - Member of the Kenai Moose Lodge. Stated he felt the inclusion of the Juneau Moose Lodge on this permit would jeopardize the Kenai Lodge's license. They have not been able to add more to their permit. They would have no other recourse than to stop their gaming. Inclusion of the Juneau Lodge on the permit would jeopardize the income their Lodge receives from pull tabs. Jack Hetherton - Member of the VFW in Soldotna. Hetherton stated he had been making many telephone calls this afternoon. Hetherton agreed with the comments made by Allar and Freas. Hetherton added approximately $60,000 is put back into the local economy from his organization. He felt the Juneau Moose Lodge's inclusion on the Multiple -Beneficiary Permit (MBP) is an infringement on the local groups' territory. Hetherton added he spoke with the Moose Lodge in Juneau. They are arriving at their $1 million limit. With inclusion on this permit, they could be permitted for $5 or $6 million. The money would not stay on the Kenai Peninsula. Hetherton reported he also spoke with the Borough and the Gaming Division. Gaming was KENAI CITY COUNCIL MEETING MINUTES MARCH 1, 1995 PAGE 10 set for non -profits to use in order to put money back in to the community for the needy. He felt it was sad to see loopholes of the law being utilized. Hetherton added he felt the Juneau Moose Lodge's operating in Kenai is an abuse of the program and it will hurt the entire program. The money received from the games is used for many good programs. There is not one organization that can stand on its own without the pull tab gaming. Sharon Hale - Soldotna Little League. Hale agreed with the previous speakers. It is hard to raise money for the different organizations. She added her concern that the MBP would be used as an operator which is unlawful in the Kenai Peninsula Borough. She asked to make sure that all questions like these are answered before the business is opened. Paul Lunn - Manager of the 40/8 and Sons of American Legion. Lunn stated he heard the bowling alley was going into the pull tab, etc. business about three months ago and that the Kenaitze Indian Tribe and Fishermen's Association would be involved. These are local groups and are entitled to operate in the area. However, it is not good for an outside group to come into the area. If just bingo is run by their organizations, they lose money in a year. The American Legion has returned $178,000 to the local economy through scholarships (nurses' training), Little League, American Legion baseball, etc. Frank Miller - Alternate in charge of the MBP at the bowling alley. Miller stated the reason they started the cooperative was the expense. He is not an "operator." He receives a salary. There were many local charities that were very interested in being included on the MBP, i.e. Kenai Natives Association, Fishermen's Association and the Elks). The money would be divided equally among the groups listed on the permit. Councilman Measles stated to Miller there are only three groups listed on the permit. Miller stated there will be six when they are all done. Those listed on the permit already have their permit. The others are applying. Measles noted the Council was only dealing with the three listed on the permit at this time. Miller stated the other three to be added are the Kenai Natives Association, Juneau Box and Glove and Alaska Native Brotherhood in Juneau. KENAI CITY COUNCIL MARCH 1, 1995 PAGE 11 Phil Moochan - 40/8 approved, it would source of income. charities. MEETING MINUTES American Legion. Stated if the MBP is almost wipe them out. This is their only They would not be able to support any Brenda Wieffering - Executive Director, Womens' Resource and Crisis Center. Wieffering stated the WRCC sell pull tabs in Kenai and Soldotna. This is critical income for the operation of the Center. They urge Council before making a decision they make sure the charitable gaming on the Peninsula stays a "charity" and the money raised stays in the community. Diana Zerill - Kenai Natives Association, Inc., General Manager. Zerill explained it would not be the Kenai Natives Association who would be applying for a permit. It will be the Tanaina Corporation which was started by the Kenai Natives Association several years ago. Zerill stated her support of the approval of the MBP. The presentation which was made to them, explained that as being a part of the cooperative, the expenses of managing the permits would be divided equally and as a result, they would receive a higher percentage of returns. Zerill added the Kenai Natives Association (KNA) and the Tanaina Corporation represent approximately 600 shareholders. Of them, approximately one-half live in the community, plus their descendants. They are in the process of applying for their permit. They would appreciate the Council's support for the permit application. Carl Kur - Fishermen's Association. Stated the community needs all the non -profits. They do not have an operator involved in the MBP. They will all be paid a salary. The Juneau Moose Lodge is not coming to Kenai are to operate a pull tab shop or bingo. The MBP permit will allow three groups to mesh with groups in Juneau. The money will be coming from Juneau to Kenai because it will be put in a pot and split up. Williams noted that if there are six groups on the permit, three from Juneau and the money is split equally, 1/6 each. The three groups from Juneau will be taking one-half of the money back to Juneau. Kur added it is to their benefit to work with them. This will be financially good for Kenai. There are already people working there. They do not need them (Juneau Lodge) to operate in Kenai and could operate without them. KENAI CITY COUNCIL MEETING MINUTES MARCH 1, 1995 PAGE 12 Councilwoman Monfor stated she understood the concerns from the local groups. Monfor noted Council approved an application earlier in the meeting from the Alaska Independent Blind from Fairbanks. If Council is not going to accept this permit which includes a Juneau group, they cannot accept others. She understood the AK Independent Blind permit was a different type of permit. She also does not like Juneau being a part of the group operating in Kenai, but would have to vote in favor of the MBP permit until Council comes to an agreement on whether to accept permits outside the area or not. The permits are either equitable for all or they should not do it. Williams noted the Alaska Blind organization's permit is for raffle tickets. There are also permits for fish derbies, the Kenai Chamber's Goose Classic, etc. which are sold statewide. These are different than pull tabs. Different local groups become pull tab sellers. The problem is when they are from out of the area seeking greener pastures. Williams suggested Council may want to discuss the overall handling of permits. Williams stated he would not vote to approve this application. Monfor stated the overall review needs to be done. Are they going to support out -of -area permits? Monfor added she felt strongly that Council should support the local groups and entities of the community. Monfor asked Mr. Trujillo if there was some reason why more local groups were not getting involved and why they reached out to Juneau groups? Why could they not get three other local groups to be involved and not Juneau groups? Mike Trujillo - Trujillo stated that when he was looking at how to fill the space, he did not know that much about it. He talked with different non-profit groups and personnel from the Division of Gaming in Juneau. He just wanted to rent the building, etc. He spoke first with the Fishermen's Association. As soon as the word got out in regard to the share of dollars and who would be involved, people acted like he had done something wrong. He asked other local non -profits if they wanted to participate. He has heard nothing from them. He stated he felt he was being railroaded because he was not aware of what was in the letter Williams referred to and added to the agenda at the beginning of the meeting. Williams gave Trujillo a copy of the letter from the American Legion, adding it was public information. Trujillo added he has lived in the community for 27 years and pays taxes. He referred to a comment made opposing the placement KENAI CITY COUNCIL MEETING MINUTES MARCH 1, 1995 PAGE 13 of people to the Gaming Board. Trujillo stated the appointments were made by the Governor. Trujillo added the Moose Lodge in Juneau had not come close to their limits. Peggy Moore - Kenai Fishermen's Association. Involvement with the cooperative will be financially good for the Association. They are responsible to their membership. They would not enter into such an agreement if they were going to lose money for the organization. Money coming into the cooperative will be divided as a pool share. The expenses are shared and the income is shared. Juneau will be making more money because they have been up and running longer. More money will be going to the local groups. All have permits to allow them to operate in the city. This is a matter of trying to do their best for their organization. It would not make sense to be involved if they were not going to make money. Williams noted of the ten persons who had already spoken, five were in support of the MBP application and five were against it. Williams asked if there were to be six groups on the permit and three were from Juneau, and considering what had been stated that all would be receiving equal shares of the profit and that the money will stay in Kenai, are the groups from Juneau going to leave their profits in Kenai? Williams added the advantage to Juneau is because there is a limit to the income that can be received in a year. Councilman Measles stated there appeared to be a misunderstanding. There is a $1 million cap for payouts. When the groups join together it is then one-$6 million cap. The groups from Juneau can still take a percentage of the net profit and take it back to Juneau. If the six groups only get $4 million, Juneau can get more money in Juneau and that money, as well as the portion of the money they receive from Kenai. Williams stated he found it hard to believe Juneau would share their profits with people in Kenai. Bannock asked, hypothetically, if the three groups on the application earned $150, $75, and $75, adding up to $300, how is it divided? Peggy Baxter - Kenai Bicentennial Visitors & Cultural Center and Peninsula Oilers. Baxter stated she was not concerned with the local non -profits being involved with the MBP application. Baxter explained that with an MBP, they will be allowed to pay $1 KENAI CITY COUNCIL MEETING MINUTES MARCH 1, 1995 PAGE 14 million. That is where the cap is. The cap is what you pay out in winnings. When that limit is reached, you have to shut down. Williams asked with so many non -profits in the community selling pull tabs, why didn't they get more groups from this area involved in this permit application? Diana Zerill - Tanaina Corporation and Kenai Natives Association. Explained their Board of Directors spent a lot of time investigating the proposal. They are a very conservative group. They had to agree that they would split the expenses of the operation and the net profits. Their agreement says the net profits will be divided equally. Zerill added if the amount of payouts are larger, the community will be benefiting, even if Juneau is taking a portion of the money to Juneau. Bannock referred back to his hypothetical question -- if the three organizations earn $150, $75 and $75, equalling $300, is it distributed equally. Zerill answered yes. Bannock added, and the reason it would be done that way is the agreement made with the cooperative? Zerill answered yes. The conversation continued. Williams stated there were lots of questions for Council to consider. Not everything is fully understood. Williams suggested action on the application be tabled until a clearer answer is received. Councilman Smalley referred to Question 6 of the application and asked if the explanation required should be received before Council decides on their action. Williams added without the explanation, the document is incomplete. Williams asked Attorney Graves for his recommendation. Graves suggested the action on the application could be tabled until the explanation is received and Council has the opportunity to review that information. Graves added the Division of Gaming will not approve the application without the explanation. Williams stated he would like the application tabled and documentation as to the division of profits. Smalley stated the cooperative's agreement did not pertain to the Council. Williams stated it pertained to him. Smalley stated, for the record, it was not appropriate for Council to see what is in their agreements. Smalley added he would like to see a completed application, however Council is KENAI CITY COUNCIL MEETING MINUTES MARCH 1, 1995 PAGE 15 aware that applications have been approved by the State prior to this, even if the Council has objected to the approval. Smalley added, with consideration of past practices of Council, after the application is complete, he would vote for the approval. MOTION: Councilman Smalley MOVED to table action until the application is complete. Councilwoman Swarner SECONDED the motion. Williams asked Council if they had anything to add. Measles stated they cannot discuss motions to table. Mr. Miller requested clarification of what Council needed. Clerk Freas explained since they marked yes on the third part of Question 6, an explanation was needed to complete the application. VOTE: There were no objections to the motion. SO ORDERED. BREAK TAKEN: 8:24 P.M. BACK TO ORDER: 8:37 P.M. ITEM D: COMMISSION/COMMITTEE REPORTS D-1. Council on Aging Councilwoman Swarner reported a volunteer breakfast was given at which Councilwoman Monfor and she attended. They enjoyed it very much. D-2. Airport Commission Councilman Measles reported there was no meeting since the last council meeting. The March meeting will be held on March 9. Williams noted the airport enplanement report and was quite pleased with the numbers. D-3. Harbor Commission Councilman Bookey reported there was no meeting since the last council meeting. The next meeting is scheduled for March 6, 1995. KENAI CITY COUNCIL MEETING MINUTES MARCH 1, 1995 PAGE 16 D-4. Library Commission Councilwoman Monfor reported the next meeting is scheduled for Tuesday, March 7, 1995. D-5. Parks & Recreation Commission Councilman Bannock reported the minutes of the last meeting were included in the packet. The Commission meets again on March 2, 1995. D-6. Planning & Zoning Commission Councilman Smalley reported a copy of the agenda and unapproved minutes were included in the packet. At the meeting the Commission discussed an Army Corps of Engineers' project on the Kenai River. The Commission approved the project unanimously. However, the Commission and Smalley were concerned that the type of work, including excavation and discharging of soil on wetlands and into the River, were the types of actions now being discussed in the overlay district ordinance. Williams noted the time for public comment ends on March 16. Williams asked Council if they wanted to make comments in support and question why they can do this type of work can be done for others, but not for the City. Smalley added, the Commission did not speak in opposition to the project, only stated their concerns that it is not fair for Kenai. Williams stated he was not against the project either, but the question remains why the work is allowed for one entity and not for another. There are questions he would like to ask of all the agencies involved in the project. The City could probably stop the project in court, but he feels the project will be good for the whole community. The City is still against the overlay even to the point of litigation in his personal opinion. D-7. Miscellaneous Commissions and Committees Beautification Committee - Councilwoman Swarner reported the Beautification Committee will meet next week and will discuss the time of their meetings. Kenai Bicentennial Visitors & Cultural Center Board of Directors - Will meet on Monday, March 6 at 5:00 p.m. and will be discussing the Cultural Center and a movement of the Board to KENAI CITY COUNCIL MEETING MINUTES MARCH 1, 1995 PAGE 17 establish a fundraising entity like "Friends of the Cultural Center." They will also be discussing how to improve in finding funding, getting more displays, etc. Anybody is invited to attend. They have asked local people for help. Historic District Board - Councilwoman Monfor stated she attended the HDB meeting on Tuesday. It was very interesting. They had Ken Jordan speak. When Jordan first came to Kenai, he lived on the FAA station. He talked about finding Indian beads, etc. Clerk Freas stated she was aware the Board had received the Certified Local Government status. ITEM E: MINUTES E-1. Special Meeting of February 8, 1995. Approved by consent agenda. E-2. Regular Meeting of February 15, 1995. Approved by consent agenda. ITEM F: CORRESPONDENCE 1. *2/24/95 E. Rinner letter regarding the proposed Kenai River Overlay District. Noted by Mayor Williams. ITEM G: OLD BUSINESS Discussion - Wellness Program Parks & Recreation Director McGillivray reviewed with Council the draft Wellness Program which was included in the packet. McGillivray noted budget items to include the cost of blood screening, punch cards, an aerobics instructor, seminars and newsletter. Cost for the program was estimated at approximately $7,650. KENAI CITY COUNCIL MEETING MINUTES MARCH 1, 1995 PAGE 18 McGillivray added his recommendation to set a committee to be made up of one member from each city department, a council member and the coordinator would be from the Parks & Recreation Department. McGillivray stated he was in contact with a number of organizations who had similar programs going on in their community. They all felt that blood screening was a priority. In checking prices in the area, he found the lowest cost to be $20 per person. McGillivray recommended this be a shared cost between the City and the user. An aerobics instructor will be hard to find. Cost is estimated at $35 per session. If the aerobics sessions were open to the public at the same time they are scheduled for the employees, money raised from the public would offset the cost for the instructor. McGillivray recommended a point system be used as an incentive for employees to continue using the facilities. Also, the area most difficult to measure is the attitude of the employees toward the city. Another area to study is productivity of the employees -- are they being more efficient with their time. Councilman Smalley referred to Page 2, the second paragraph, i.e. discussion about the cost of an aerobics instructor and use of punch cards. Smalley asked if there are departments within the City that would have access to the facility for free. McGillivray answered the Fire Department does as physical training is a requirement of their job. Smalley asked if the wellness program is considered part of the benefit package? By law would offering one benefit package to an employee that is different than a package offered to another be a problem? Attorney Graves stated he did not think there would be a problem with State law with giving these benefits. MOTION: Councilman Smalley MOVED the Wellness Program be placed in the budget and suggest that the City pay one-half the cost of the blood screening costs for any employees that wish to participate in the wellness program. Councilman Bookey SECONDED the motion. There were no objections. SO ORDERED. KENAI CITY COUNCIL MEETING MINUTES MARCH 1, 1995 PAGE 19 ITEM H: NEW BUSINESS H-1. Bills to be Paid, Bills to be Ratified MOTION: Councilman Smalley MOVED to pay the bills and Councilman Bookey SECONDED the motion. There were no objections to the motion. SO ORDERED. H-2. Purchase Orders Exceeding $2,500 MOTION: Councilwoman Monfor MOVED to pay the purchase orders over $2,500 and Councilwoman Swarner SECONDED the motion. Councilwoman Monfor asked if the purchase order to the American Test Center for $1,266 was included because they were late in billing? Manninen answered yes. Monfor stated that would mean the purchase order was done after -the -fact. Manninen answered yes. Fire Chief Burnett explained the company inspected all the ladders on the Peninsula at one time. The City's ladders were inspected when he was out of town. They disputed the bill because it was not what they thought it would be. Under normal circumstances, the purchase order would have been done first. VOTE: There were no objections. SO ORDERED. H-3. Ordinance No. 1633-95 - Increasing Estimated Revenues and Appropriations by $343.84 in the Senior Citizens - Borough Special Revenue Fund to Hire a Part -Time Gardener for the Summer Months. Introduction approved by consent agenda. H-4. Approval - Kenai Peninsula Caucus Dues for the 1995 Fiscal Year - $727.00. Williams noted the requests Council made in regard to the Peninsula Caucus' Position Statement were included into the Statement, i.e. Kenai Spur Highway upgrade, Kenai Health Center, and Wildwood Correctional Facility. KENAI CITY COUNCIL MEETING MINUTES MARCH 1, 1995 PAGE 20 MOTION: Councilwoman Monfor MOVED to pay the $727.00 annual dues to the Kenai Peninsula Caucus. Councilman Bookey SECONDED the motion. Councilwoman Swarner objected to the motion, stating prior to this item, an ordinance had been approved for $324 to pay for a gardener at the Senior Citizen Center because the State would not allow using a gardener without Workers' Compensation. Two gardeners could be hired for the cost of the dues. Williams noted the Caucus has been helpful in getting street lights, road improvements, etc. VOTE: Bannock: No Bookey: Yes Measles: Yes Smalley: Yes Swarner: No MOTION PASSED. H-5. Discussion - Sand Dunes/Kenai Beach. Williams: Yes Monfor: Yes Councilwoman Monfor explained she requested the item be placed on the agenda. She feels the Council needs to be proactive in readying for the summer use of the beach areas (fishing, etc.). The sand dunes are endangered. Monfor asked Council to schedule a joint work session with the Parks & Recreation Commission and the KBVCC Board of Directors and discuss what needs to be done to handle the soon -to -be problems proactively, i.e. restrooms at the beach, Municipal Park and Cunningham Park and trash disposal. Monfor added tourists are encouraged to come to Kenai, the City has an obligation to have the best facilities available for them. They cannot wait until July 1 to handle the problem. Council needs to direct the Kenai Police Department and Parks & Recreation Department and Administration as to what they want to have done. All need to coordinate their efforts to make it work. Monfor requested a joint work session be scheduled this month. Manninen reported Council would receive the draft budget on April 5. He is planning to have a one-year operating budget, a five- year capital equipment budget and maybe a capital improvement budget included. The budgets will specifically hit on these items as well as other capital projects. KENAI CITY COUNCIL MEETING MINUTES MARCH 1, 1995 PAGE 21 Monfor added she is concerned Council does not think this is important. Monfor suggested the week of March 13. Council set the joint work session (with KBVCC Board of Directors, Parks & Recreation and Planning & Zoning Commissions) for March 13, 1995, in the Council Chambers at City Hall, beginning at 7:00 p.m. H-6. Demonstration/Discussion - Accessing the Internet. Mayor Williams reported he requested this demonstration be placed on the agenda as the availability and interest is growing for the accessing of the Internet. The use of the Internet can be advantageous in connection with the proposed Challenger Center. Williams introduced Dan Anderson. Anderson discussed and explained the Internet and the opportunities this computer function offers for the City of Kenai and individuals with the rest of the world. Anderson included in his presentation handouts helping to explain the opportunities and accessing the program from a computer in the Chambers. ITEM I: ADMINISTRATION REPORTS I-1. Mayor Overlay Position Letter - Williams referred to a position letter included in the packet which he requested Attorney Graves prepare. Also included was an opinion in regard to zoning authority which Graves also wrote. Williams stated the actions taken in 1984 may not have been necessary, i.e. asking for the change in zoning power as it may have been automatic with changes made to Title 29. Williams asked if the City could get an Attorney General's opinion without going to court. Attorney Graves stated an opinion could be requested, however, he felt things often get politicized from that office even when they are not supposed to. If asked for one, it may not be given. If given, it could be politicized. Williams suggested the position letter be given to the public. Williams suggested as a guest editorial in the newspapers and on "Sound Off." Smalley noted in the most recent Borough meetings in regard to the ordinance, return to the 100-year flood plain has been discussed. Also they have discussed the inclusion of tributaries KENAI CITY COUNCIL MEETING MINUTES MARCH 1, 1995 PAGE 22 to the River. Smalley asked if that would include the eastward drainage that dumps into Resurrection Bay? Measles stated that was discussed last week. Williams noted the last meeting (regarding the ordinance) was well -attended by the City. Smalley reported a motion was made to exclude the City from the overlay ordinance. However, the motion failed eight to one. The only person voting for the exclusion was the maker of the motion -- Assemblyman Wiley. Williams stated in his personal opinion, the City will be going to court over this ordinance. Smalley added he believed it is the City's responsibility to regulate the zoning within the city limits. Council had no objections to forwarding the opinion and position letter to the public. I-2. city Manager April 5, 1995 Council Meeting - Manninen reported the 1995/96 budget would be presented at the April 5 meeting, along with the ambulance fee schedule. Also, hopefully by that time, the Fire Department will report a new ISO rating. EDD Retreat - Manninen reported he will attend an EDD retreat on March 3 and 4. The retreat will be held at the King 's Inn. EDA Grant - Manninen reported the EDD prepared a pre - application for a $1 million grant to acquire property in the Old Carr's Mall for an innovation center. They should know within the moth whether they will be awarded the grant. I-3. Attorney No report. I-4. City Clerk Clerk Freas referred to her memorandum included in the packet in regard to the Council's annual reception for volunteers. Freas asked if Council wished to set a date for the reception during the week of April 23 to coincide with National Volunteer's Week. KENAI CITY COUNCIL MEETING MINUTES MARCH 1, 1995 PAGE 23 Council scheduled the reception for Monday, April 24, 1995. The reception will be held at the Visitors' Center from 6:00 p.m. to 8:00 p.m. Council also stated their desire to have an advertisement placed in the Clarion with the names of the commissioners, board members, and other volunteers who have served the City in the last year. I-5. Finance Director Acting Finance Director Feltman informed Council Finance Director Brown would be back to work on Monday. I-6. Public Works Director No report. I-7. Airport Manager Airport Manager Ernst reported the month ending enplanement report was included in the packet. Parks & Recreation Director McGillivray reported that with the help of the Public Works Department, three Christmas lights converted to silhouette lights had been hung on Airport Way. McGillivray requested Council to look at them to see if they approve with the alterations made. ITEM J: DISCUSSION Citizens None. J-2. Council Hookey - 1. Was disappointed in the new display cabinet. Williams stated it would not stay. It was to have had a glass back. 2. Bookey stated he was concerned about the date of the planned reception in Juneau regarding the Challenger Center, etc. Williams reported the Fairbanks North Star Borough elected to not be included. He has discussed the reception date with AML and they have offered to be included, taking the Fairbanks Borough's KENAI CITY COUNCIL MEETING MINUTES MARCH 1, 1995 PAGE 24 cost. The reception would be in conjunction with the AML reception. AML will make the reception arrangements, i.e. food, beverages, etc. The reception will be at the Baranof. Swarner stated she was concerned with having the reception in conjunction with AML. She was afraid doing that may take the emphasis away from the Challenger Center, tracking facility, and launching facility. Williams stated he did not think a joint reception would take away focus from the Challenger Center, etc. Swarner added she would still rather have the reception separate from the AML. In answer to Councilman Bookey's concern, Williams added there would be no other exhibitors at the reception. Swarner - 1. Swarner asked if the evaluations of the City Manager, City Clerk and City Attorney were still to be held during the March 15 meeting during an executive session. There were no objections to holding the evaluations at the next meeting. 2. Swarner reported she was still hearing good comments from the community in regard to the snow gates and the snow clearing. Monfor - Nothing. Measles - 1. Measles reported he had read in the last week a Department of Transportation article which declared the Anchorage Airport as being number one in the nation in cargo handling (12% growth rate per year). Measles added Airport Manager Ernst has forwarded a lot of good information in regard to enplanements and people using the airport facility. He requested Ernst to begin collecting information and begin a historical data base on charters, cargo handling, etc. activities at the Kenai Airport. He believes it will be surprising to find what amount of these types of activities go on at the Kenai Airport. 2. Measles stated his deep concern that a lot of non- profits in the Kenai area will be hurt by Juneau's participation in local gaming. Measles added he feels there has been a real con -job on the local non-profit groups and somebody is in for a fall. Bannock - Nothing. Smalley - 1. Smalley stated he forgot to report some of the other discussions held during the last Planning & Zoning KENAI CITY COUNCIL MARCH 1, 1995 PAGE 25 Commission meeting Comprehensive Plan a. Lighting b. addition C. addition d. addition e. addition MEETING MINUTES in regard to Update: inadequacies of a section of a section of a section of a section the Commission's work on the along the Kenai corridor; on harbor dredging; on Townsite Historic District; on Kenai River corridor; on the KBVCC. Smalley also reported Commissioner Werner-Quade discussed the seminar she attended in Anchorage. During the seminar, Title 29 changes were discussed as well as the Open Meetings Act. 2. Smalley was concerned about the size of the new display cabinet as it may not allow clear entrance in regard to handicapped access. Williams stated changing of the cabinet will be investigated. Clerk Freas stated she was told not to sign off on the purchase order until further discussions, etc. are held. ITEM K: ADJOURNMENT The meeting adjourned at approximately 10:20 p.m. Minutes transcribed and prepared by: Carol L. Freas, City Clerk PAYMENTS OVER $2,500.00 WHICH NEED COUNCIL APPROVAL COUNCIL MEETING OF: MARCH 15, 1995 ttttftttttlttttttRRxtittttRttTRttrtttTltttttkittxtRRt#RttttYt!!ttlttttttttrttYtttt!ltttlttTlttttttY#ttttttttltttttttlttt!lTttttttrlttttklttrtltttttt#lttYtttt#tYttt VENDOR DESCRIPTION rtt:trt:ettrttttrltttt#tlrttrtttxfltxrlrxttrtttTttettttrr#ttrtr:t:lttxxrt:ttttetrttrt:ttttrtttttrttrttttrttttrrttttr:tr#x##trlttttttt:ttxf:trtrtt#trrtrtRxtrttRtttr DEPARTMENT ACCOUNT AMOUNT MISC. FOR RATIFICATION: NATIONAL BANK OF ALASKA FEBRUARY FICA VARIOUS LIABILITY 670.62 FEBRUARY FEDERAL W/H VARIOUS LIABILIT➢ 43,978.21 FEBRUARY MEDICARE VARIOUS LIABILITY 4,979.16 ICMA FEBRUARY DEFERRED COMP VARIOUS LIABILITY 16,195.00 FEBRUARY 401 PLAN VARIOUS SUPPLEMENTAL RETIREMENT 11.991.53 ENSTAR GAS USAGE VARIOUS UTILITIES 10,040.56 PACIFIC TELECOM INC. PHONE USAGE VARIOUS COMMUNICATIONS 3,756.68 DOYLE'S FUEL FUEL SHOP OPERATING SUPPLIES 3,280.69 PERS FEBRUARY PERS VARIOUS LIABILITY 41,048.13 KEY TRUST AML INVESTMENT POOL CENTRAL TREASURY CENTRAL TREASURY 595,666.45 5.61 FOR APPROVAL: Suggested B�. Planning & Zoning CITY OF KENAI ORDINANCE NO. 1634-95 AN ORDINANCE OF THE KENAI CITY COUNCIL AMENDING KMC 14.20.320 (B) (42) DEFINITIONS. WHEREAS, KMC 14.20.320 (b) (42) deals with definitions pertaining to Chapter 14.20 Kenai Zoning Code; and, WHEREAS, KMC 14.20.320 (b) (42) definitions general interpretation reads: "lot, corner" means a lot situated at the junction of, and bordering on, two intersecting streets. WHEREAS, this interpretation has caused confusion in the past; and, WHEREAS, the Building Official and Kenai Planning and Zoning have recommended the code be changed to avoid confusion in the future. "lot, corner" means a lot situated at the junction of, and bordering on, two intersecting streets, two platted right-of-ways, two government easements, or any combination thereof. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5th day of April, 1995. ATTEST: Carol L. Freas, City Clerk JOHN J. WILLIAMS, MAYOR First Reading: March 15, 1995 Second Reading: April 5, 1995 Effective Date: May 5, 1995 CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION PZ 95-4 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION RECOMMENDING THE KENAI CITY COUNCIL AMEND KMC 14.20.320 (8) (42) DEFINITIONS GENERAL INTERPRETATION. WHEREAS, KMC 14.20.320 (b) (42) deals with definitions pertaining to Chapter 14.20 Kenai Zoning Code; and, WHEREAS, KMC 14.20.320 (b) (42) definitions general interpretation reads: "lot, corner" means a lot situated at the junction of, and bordering on, two intersecting streets. WHEREAS, this interpretation has caused confusion in the past; and, WHEREAS, the Building Official has recommended the code be changed to avoid confusion in the future. NOW, THEREFORE, BE IT RESOLVED, that the Planning and Zoning Commission recommend the Kenai City Council amend KMC 14.20.320 (b) (42) to read: "lot, corner" means a lot situated at the junction of, and bordering on, two intersecting streets, two platted right-of-ways, two government easements or any combination thereof. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, the 25th day of January, 1995. CHAIRMAN ATTEST: Loret ey, Administrative Assistant A:ILUTADD �' 4 Suggested E,. Planning & Zoning CITY OF KENAI ORDINANCE NO. 1635-95 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AMENDING THE KENAI MUNICIPAL CODE LAND USE TABLE ADDITIONAL REQUIREMENTS. WHEREAS, KMC Land Use Table Additional Requirements (Page 14-72) deals with requirements in regard to 14.20 Kenai Zoning Code; and, WHEREAS, KMC Land Use Table Additional Requirements reads: Yards for Corner Lots : The minimum side yard on the street side of a corner lot shall be the same as the minimum front yard required for that zone. WHEREAS, this interpretation has caused confusion in the past; and, WHEREAS, the Building Official and Kenai Planning and Zoning have recommended the code be changed to avoid confusion in the future; and, NOW, THEREFORE, BE IT RESOLVED, that the Kenai City Council amend KMC Land Use Table Additional Requirements to read: Yards for Corner Lots : The minimum side yard on the street side, or platted right-of-way, or government easement, of a comer lot shall be the same as the minimum front yard required for that zone. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5th day of April, 1995. ATTEST: Carol L. Freas, City Clerk JOHN J. WILLIAMS, MAYOR First Reading: March 15, 1995 Second Reading: April 5, 1995 Effective Date: May 5, 1995 CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION PZ 95-5 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION RECOMMENDING THE KENAI CITY COUNCIL AMEND KENAI MUNICIPAL CODE LAND USE TABLE ADDITIONAL REQUIREMENTS. WHEREAS, KMC Land Use Table Additional Requirements (Page 14-72) deals with requirements in regard to 14.20 Kenai Zoning Code; and, WHEREAS, KMC Land Use Table Additional Requirements reads: Yards for Comer Lots : The minimum side yard on the street side of a corner lot shall be the same as the minimum front yard required for that zone. WHEREAS, this interpretation has caused confusion in the past; and, WHEREAS, the Building Official has recommended the code be changed to avoid confusion in the future. NOW, THEREFORE, BE IT RESOLVED, that the Planning and Zoning Commission recommend the Kenai City Council amend KMC Land Use Table Additional Requirements to read: Yards for Corner Lots: The minimum side yard on the street side, or platted right- of-way, or government easement, of a corner lot shall be the same as the minimum front yard required for that zone. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, the 25th day of January, 1995. ATTEST: CHAIRMAN Loretta HaniekAd6inistrative Assistant A:\LUTADD Rocotr-___--.--- -,. Planning & Zoning Commission Historic District Board CITY OF KENAI ORDINANCE NO. 1636-95 AN ORDINANCE OF THE KENAI CITY COUNCIL AMENDING THE KENAI MUNICIPAL CODE 14.20.105 (C) (4) TOWNSITE HISTORIC (TSH) ZONING DISTRICT, HISTORIC DISTRICT BOARD DUTIES. WHEREAS, the City of Kenai was granted Certified Local Government (CLG) status as of February 7, 1995; and, WHEREAS, KMC 14.20.105 (c) (4) Townsite Historic (TSH) Zoning District, Historic District Board Duties requires a survey of the historic, architectural and archaeological resources within the community be updated every ten years; and, WHEREAS, the United States Department of the Interior National Park Service Regional Director has suggested the Board may want to consider the benefits of updating their local survey more often than once every ten years; and, WHEREAS, the Planning and Zoning Commission and Historic District Board recommend the code be changed in light of this recommendation; and, NOW, THEREFORE, BE IT RESOLVED, that KMC 14.20.105 (c) (4) Townsite Historic (TSH) Zoning District, Historic District Board Duties be amended as follows: The Board shall conduct or cause to be conducted a survey of the historic, architectural, and archaeological resources within the community. The survey shall be compatible with the Alaska Heritage Resources Survey and able to be readily integrated into statewide comprehensive historic preservation planning and other planning processes. Survey and inventory documents shall be maintained to protect the site location(s) from possible vandalism. The survey shall be updated [EVERY TEN YEARS] annually. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the fifth day of April, 1995. ATTEST: MAYOR JOHN J. WILLIAMS Carol L. Freas, City Clerk 1st Reading: March 15, 1995 2nd Reading: April 5, 1995 Effective Date: May 5,1995 CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION PZ 95-11 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION RECOMMENDING THE KENAI CITY COUNCIL AMEND KENAI MUNICIPAL CODE 14.20.105 TOWNSITE HISTORIC (TSH) ZONING DISTRICT (C) HISTORIC DISTRICT BOARD DUTIES (4). WHEREAS, the City of Kenai was granted Certified Local Government (CLG) status as of February 7, 1995; and, WHEREAS, KMC 14.20.105 Townsite Historic (TSH) Zoning District (c) Historic District Board Duties: (4) reads; The Board shall conduct or cause to be conducted a survey of the historic, architectural, and archaeological resources within the community. The survey shall be compatible with the Alaska Heritage Resources Survey and able to be readily integrated into statewide comprehensive historic preservation planning and other planning processes. Survey and inventory documents shall be maintained to protect the site location(s) from possible vandalism. The survey shall be updated [EVERY TEN YEARS]. WHEREAS, the United States Department of the Interior National Park Service Regional Director has suggested the Board may want to consider the benefits of updating their local survey more often than once every ten years; and, WHEREAS, the Historic District Board recommends the code be changed in light of this recommendation; and, NOW, THEREFORE, BE IT RESOLVED, that the Planning and Zoning Commission recommend the Kenai City Council amend KMC 14.20.105 Townsite Historic (TSH) Zoning District (c) Historic District Board duties (4). The Board shall conduct or cause to be conducted a survey of the historic, architectural, and archaeological resources within the community. The survey shall be compatible with the Alaska Heritage Resources Survey and able to be readily integrated into statewide comprehensive historic preservation planning and other planning processes. Survey and inventory documents shall be maintained to protect the site location(s) from possible vandalism. The survey shall be updated annually. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, the 8th day of March, 1995. / CHAIRMAN ATTEST: Lerefta Harvey, AdministraOve Assistant Recommends Planning & Zoning Commission Historic District Board CITY OF KENAI ORDINANCE NO. 1637-95 AN ORDINANCE OF THE KENAI CITY COUNCIL AMENDING THE KENAI MUNICIPAL CODE 14.20.105 (M) (4) TOWNSITE HISTORIC (TSH) ZONING DISTRICT, DEFINITIONS. WHEREAS, the City of Kenai was granted Certified Local Government (CLG) status as of February 7, 1995; and, WHEREAS, KMC 14.20.105 (m) (4) Townsite Historic (TSH) Zoning District, definitions reads; Certified Local Government - A local government "that has been certified to carry out the purposes of the National Historic Preservation Act." WHEREAS, the United States Department of the Interior National Park Service Regional Director has suggested the Board may want to amend KMC 14.20.105 (m) (4) to clarify the Board is carrying out the purposes of section 101 (b) and not the entire National Historic Preservation Act; and, WHEREAS, the Planning and Zoning Commission, and Historic District Board recommends the code be changed in light of this recommendation: NOW, THEREFORE, BE IT RESOLVED, that KMC 14.20.105 (m) (4) Townsite Historic (TSH) Zoning District, Definitions be amended as follows: Certified Local Government - A local government "that has been certified to carry out the purposes of section 101 (b) of the National Historic Preservation Act." PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the fifth day of April, 1995. ATTEST: Carol L. Freas, City Clerk MAYOR JOHN J. WILLIAMS 1st Reading: March 15, 1995 2nd Reading: April 5, 1995 Effective Date: May 5, 1995 CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION PZ 95-12 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION RECOMMENDING THE KENAI CITY COUNCIL AMEND KENAI MUNICIPAL CODE 14.20.105 TOWNSITE HISTORIC (TSH) ZONING DISTRICT (M) DEFINITIONS (4). WHEREAS, the City of Kenai was granted Certified Local Government (CLG) status as of February 7, 1995; and, WHEREAS, KMC 14.20.105 Townsite Historic (TSH) Zoning District (m) definitions (4) reads; Certified Local Government - A local government "that has been certified to cant' out the purposes of the National Historic Preservation Act." WHEREAS, the United States Department of the Interior National Park Service Regional Director has suggested the Board may want to amend KMC 14.20.105 (m) (4) to clarify the Board is carrying out the purposes of section 101 (b) and not the entire National Historic Preservation Act; and, WHEREAS, the Historic District Board recommends the code be changed in light of this recommendation: NOW, THEREFORE, BE IT RESOLVED, that the Planning and Zoning Commission recommends the Kenai City Council amend KMC 14.20.105 Townsite Historic (TSH) Zoning District (m) definitions (4) to read; Certified Local Government - A local government "that has been certified to cant' out the purposes of section 101 (b) of the National Historic Preservation Act! PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, the 8th day of March, 1995. CHAIRMAN ATTEST: Loretta Harvey, Admh trative Assistant C:\WPDOCS\TSHRES ti�EtiT r: . L nited States Deeartme RECEIVED nt or the .nterior A✓j SERVICE qek {asxa Ke?ional Office 00 _25 G mrea - REPI-S %.EFIR Try :: ee•. :Zoom iL .ncnoraze.. a3 6 (ARO—:cCR) Ms. udith Bittner FS , 19Z State Historic Preservation Cfficer State of Alaska DepartWent of Natural Resources P.O. Box 107001 Anchorage, Alaska 99510-7001 Dear Ms. 3ittner: On December 27, 1994, we received the City of Kenai application for certification as a Certified Local Government ; CZ.G1 _ we have reviewed it and concur with you that the City is in compliance with the requirements of the Alaska CLG program which has been approved by the Secretary of the Interior in accordance with section 101(b) of the National Historic Preservation Act of 1966, as amended. We would, however, :sake the following recommendations regarding the Townsite Historic Zoning District ordinance. District- Board may want -to,: consider the benefits- o updating, their local survey more_.often-than once every" ter► yearsc Properties already in their survey that have National Historic Landmark status could be identified as such. Also, under the definition. of a . Certii ed_ Local_. Government- __ the- Board should clarify that they_ are o cax=YincJ_QUr._the=- Purposes -Of^&seetion 101(b) , and -not the- en'tlre National Historic Preservation -Act. The Certified Local Government : articipant Agreement needs to be included with this application. :'he effective date of certification will be the date of signature by the State Historic Preservation Officer or the local government, whichever is last. This is in accordance with the National Register Program Guidelines, NPS-49, 9.4. Please forward the National Park Service a copy of the signed agreement and inform us of the effective date of certification. Thank you for your attention to this program. If you have any questions, please call Sandra Faulkner at 257 -2547. Sincerely, rgiI1, Robeit D. Barbee ( `' Regional Director cc: Stephen Morris, WASO Suggested by: City of Kenai ORDINANCE NO. 1638-95 Administrat____ AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $10,757.57 IN THE GENERAL FUND FOR A SURVEY OF THE KENAI TOWNSITE HISTORIC DISTRICT. WHEREAS, the State of Alaska has awarded the City of Kenai a grant of federal funds in the amount of $6,024.24 to survey the Kenai Townsite Historic District; and WHEREAS, the City must match the grant with $4,733.33. 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: State Grant $ 6,024.24 Appropriation of Fund Balance 4,733.33 $10,757.57 Increase Appropriations: Planning & Zoning - Professional Services $10,757.57 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5th day of April, 1995. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: March 15, 1995 Adopted: April 5, 1995 Effective: April 5, 1995 Approved by Finance: (3/9/95) kl PROTECT BUDGET n the follow=, space en;er the proposea buaQet Tor our project. 3UDGET CATEGORY SOURCE OF FUNDS ?ersonai Services Federal Share ADD icant's Share Total TraveuPer Diem Contractual Services 6, 0 2 4. 2 4 4,733.33 10,757.57 Supplies TOTAL DIRECT COSTS.......................................10,757.57 10% STATE SURCHARGE ....................................+ 1,075.76 `TOTAL PROJECT COSTS APPLICANT'S TOTAL SHARE = 40%(Include below left) .............. - 4,733.33 FEDERAL SHARE = 60%(Include below right) ................... — 7 , 10 0.0 0 LESS 10% STATE SURCHARGE .............................. - 1 ' n7l 7 TOTAL PARTICIPANT RECEIPT 6,024.24 ...............— (Amount sponsor is reimbursed) Proposed Source of Funas: APPLICANT "at least 40 % of total project costs! CASH EXPENDITURES IN -KIND GOODS AND SERVICES + 0 DONATED GOODS AND SERVICES + 0 APPLICANT'S TOTAL SHARE i CIeariv identifv the source of funds i.e.cash. in -kind and donation. Donations cannot exceed 40% of the total project costs. Sponsors will be reimbursed for cash expenditures up to 60% of total project costs. :ess the state surcharge. TOTAL FEDERAL SHARE = 77_0 TONY KNOWLES, GOVERNOR 3601 C STREET, SUITE 1200 1J" U u f ANCHORAGE, ALA KA 99503-5921 PHONEFAX: (907) 762-2535 DEPARTMENT OF NATURAL RESOURCES DIVISION OF PARKS AND OUTDOOR RECREATION , V t/ March 1, 1995 Re: FY'95 Historic Preservation Fund Grant Program Thomas J. Manninen City Manager City of Kenai 210 Fidalgo Avenue, Suite 200 Kenai, AK 99611-7794 Dear Mr. Manninen: The Alaska Historical Commission met February 9-10, 1995 and reviewed applications from Certified Local Governments for FY'94 and FY'95 Historic Preservation Fund grants. They voted to award the City of Kenai $7,100.00 to survey the Kenai townsite historic district. The amount awarded is less than you requested. Before a grant agreement is drafted, I need to know whether or not you will accept the award, what work will be done, and a budget for the work. The commission members recommended the scope of work be defined as a building survey and address the area within the historic townsite boundaries. Your project description inust include: 1) identification of the types of properties to be surveyed, 2) an estimate of the number of properties to be surveyed, 3) a plan for how you will contact and work with property owners, and 4) a description of the final product. For the budget, I have calculated the federal share and amount of participant receipt. Please submit the requested information to me by March 24, 1995. As a reminder, no grant funds can be committed or spent for this project before we have an executed grant agreement. 1970 - 1995 Celebrating 25 Years of Alaska State Parks If you have any questions regarding the grant award, please contact me at 762-2626 or Renee Haas, Grant Administrator, at 762-2608. Sincerely, E. Bittner State Historic Preservation Officer enclosure cc: Carol Freas, City Clerk Dorothy Gray, Chair, Kenai Historic District Board i g Suggested by: Public City of Kenai ORDINANCE NO. 1639-95 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $11,000 IN A NEW CAPITAL PROJECT FUND ENTITLED "S.T.P. - DISINFECTION/SAFETY PROGRAM". WHEREAS, the City desires to hire an engineer to provide a cost analysis of a different method of chlorine disinfection at the Sewer Treatment Plant; and WHEREAS, depending upon the results of the above cost analysis, the City expects either to design a different disinfection method or to implement a Process Safety Management Program; and WHEREAS, the cost of the above professional services (not construction) is expected to be approximately $11,000. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: Water and Sewer Fund Increase Estimated Revenues: Appropriation of Fund Balance $11,000 Increase Appropriations: S.T.P. - Transfers $11,000 S.T.P. - Disinfection/Safety Program Increase Estimated Revenues: Transfer from Water and Sewer Fund $11,000 Increase Appropriations: Engineering $11,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5th day of April, 1995. ATTEST: Carol L. Freas, City Clerk Approved by Finance: (3/9/95) kl JOHN J. WILLIAMS, MAYOR Introduced: March 15, 1995 Adopted: April 5, 1995 Effective: April 5, 1995 MEMORANDUM TO: Mayor Williams and City Council THROUGH: Tom Manninen, City Manager FROM: Keith Komelis, Public Works Director DATE: March 9, 1995 SUBJECT: STP - OSHA Inspection REF.: OSHA Inspection No. 124076597 FOR: Back-up for appropriation ordinance going to Council on March 15, and April 5, 1995 Attachment A is a copy of the OSHA Enforcement Inspection Invoice and Citation and Notification of Penalty. This was from enforcement, not the voluntary compliance branch of OSHA. We were cited because the STP did not have a Process Safety Management Program. This program is required because we use 1 ton chlorine gas and 1 ton sulfur dioxide gas cylinders at the plant. We were aware of a EPA Risk Management Program that was to go into effect in about three years, but did not know about the OSHA Process Safety Management Program that went into effect. I called CH2M Hill and they were not aware of the requirement. Gerry called STP's around the state that use 1 ton cylinders and no one knew about it nor had the required program. Attachment B are three letters to OSHA. I have been working with the OSHA representatives and have extended the date for filing for contest until March 24. The OSHA representative said they will cut the penalty in half ($437.50). The big concern is the abatement date. I will continue working with OSHA. Attachment C is the Request for Proposals (RFP) on the two projects. 1) STP - Method of Disinfection Change, and 2) STP Process Safety and Risk Management Program. We have sent the RFP to six firms. I am also working with ADEC to see if they can help fund this work. We may be able to use some left over ADEC funds. Project 1, Phase I will give the city the capital cost and the operating costs to switch over to another method of disinfection. If we decide the costs are acceptable, we will go with Phase II which will be to complete the engineering design to make the switch. If we do the modification, then Project 2, Process Safety and Risk Management Program will not be needed. I have asked Charlie to prepare an ordinance that will appropriate $11,000 to an engineering account in a project entitled: STP - Disinfection Modification or Safety Program. This ordinance should be introduced at the March 15 Council meeting. After receiving the proposals on March 20, the Council can amend the ordinance on April 5 to fit the costs received. KK/kw ;a� T Alaska Department of Labor - Labor Standards & Safety ; Occupational Safety and Health ROM �E P.O. Box 107022 Anchorage, Alaska 99510 Rat y /1 Phone: (907) 269-4940 FAX: (907) 269-4950.'-"- P" + G� .> �,V � �z-•.�ti�__i INVOItt% DEBT COLLECTION NOTICE Company Name: Kenai City of Inspection Site: 1450 Kenai Avenue, Kenai, AK 99611 Issuance Date: 02/07/95 Summary of Penalties for Inspection Number 124076597 Citation 1, Serious = $ 875.00 TOTAL PROPOSED PENALTIES = $ 8"15t>p Tn aVnicl ndditinnal rharOPC n1PaCP rPmif nwmone prnmptl3Z tn tht--h dc1r&y♦ fnr thr tniil amnllni ni inP uncontested penalties summarized above. Make your check or money order payable to: "State of Alaska". Please indicate AKOSH's Inspection Number (indicated above) on the remittance and return this form along with your remittance. AKOSH does not agree to any restrictions or conditions or endorsements put on any check or money order for less than full amount due, and will cash the check or money order as if these restrictions, conditions, or endorsements do not exist. Delinquent Charges. A debt is considered delinquent if it has not been paid within one month (30 calendar days) of the penalty due date or if a satisfactory payment arrangement has not been made. If the debt remains delinquent for more than 90 calendar days, the amount due will be forwarded to the Attorney General's office for collection. Administrative Costs. Agencies of the Department of Labor are required to assess additional charges for the recovery of delinquent debts. These additional charges are administrative costs incurred by the Agency in its attempt to collect an unpaid debt. Administrative costs will be assessed for demand letters sent in an attempt to collect the unpaid debt. Dennis L. Smythe, CI Chief of Enforcement LC/CC 07204709-70709520 2 7'a5 Date Page 1 of 1 A Alaska Department of Labor + DV OP t,E, M Labor Standards & Safety ,A Occupational Safety & Health P.O. Box 107022 Anchorage, Alaska 99510 Phone: (907) 269-4940 FAX: (907) 269-4950 To: Kenai City of and its successors 210 Fidalgo, Suite 200 Kenai, AK 99611 Citation and Notification of Penalty Inspection Number: Inspection Date(s): Issuance Date: 124076597 12/05/94 - 12/05/94 02/07/95 Inspection Site: The violation(s) described in this Citation 1450 Kenai Avenue and Notification of Penalty is (are) alleged Kenai, AK 99611 to have occurred on or about the day(s) the inspection was made unless otherwise indicated within the description given below_ This Citation and Notification of Penalty (this Citation) describes violations of the Occupational Safety and Health Act of 1970. The penalty(ies) listed herein is (are) based on these violations. You must abate the violations referred to in this Citation by the dates listed and pay the penalties proposed, unless within 15 calandar days (excluding weekends and State holidays) from your receipt of this Citation and Notification of Penalty you mail a notice of contest to the Alaska Department of Labor Office at the address shown above. Please refer to the enclosed form which outlines your rights and responsibilities and which should be read in conjunction with this form. Issuance of this Citation does not constitute a finding that a violation of the Act has occurred unless there is a failure to contest as provided for in the Act or, if contested, unless this Citation is affirmed by the Review Board or a court. Posting - The law requires that a copy of this Citation and Notification of Penalty be posted immediately in a prominent place at or near the location of the violation(s) cited herein, or , if it is not practicable because of the nature of the employer's operations, where it will be readily observable by all affected employees. This Citation must remain posted until the violation(s) cited herein has (have) been abated, or for 5 working days (excluding weekends and State holidays), whichever is longer. The penalty dollar amounts need not be posted and may be marked out or covered up prior to posting. Informal Conference - An informal conference is not required. However, if you wish to have such a conference you may request one with the Chief of Enforcement during the 15 working day contest period. During such an informal conference you may present any evidence or views which you believe would support an adjustment to the citation(s) and/or penalty(ies). Citation and Notification of Penalty Page 1 of 10 A`I' TA'r; :;E-. ``•A' '',w AKOSH-2(Rev. lo/94) If you are considering a request for an informal conference to discuss any issues related to this Citation and Notification of Penalty, you must take care to schedule it early enough to allow time to contest after the informal conference, should you decide to do so. Please keep in mind that a written letter of intent to contest must be submitted to the Commissioner or his designees within 15 working days of your receipt of this Citation. The running of this contest period is not interrupted by an informal conference. If you decide to request an informal conference, please complete, remove and post the page 3 Notice to Employees next to this Citation and Notification of Penaltv as soon as the time, date, and place of the informal conference have been determined. Be sure to bring to the conference any and all supporting documentation of existing conditions as well as any abatement steps taken thus far. If conditions warrant, we can enter into an informal settlement agreement which amicably resolves this matter without litigation or contest. Right to Contest - You have the right to contest this Citation and Notification of Penalty. You may contest all citation items or only individual items. You may also contest proposed penalties and/or abatement dates without contesting the underlying violations. Unless you inform the Commissioner or his designees in writing that you intend to contest the citation(s) and/or proposed penalty(ies) within 15 worldne days after receipt. the citation(s) and the proposed penalty(ies) will become a final order of the Occupational Safety and Health Review Board and may not be reviewed by any court or agencv. Penalty Payment - Penalties are due within 30 Calandar days of receipt of this notification unless contested. Make your check or money order payable to "State of Alaska". Please indicate the AKOSH Inspection Number on the remittance. AKOSH does not agree to any restrictions or conditions or endorsements put on any check or money order for less than the full amount due, and will cash the check or money order as if these restrictions, conditions, or endorsements do not exist. Notification of Corrective Action - For violations which you do not contest, you should notify the Alaska Department of Labor Office promptly by letter that you have taken appropriate corrective action within the time frame set forth on this Citation. Please inform this office in writing of the abatement steps you have taken and of their dates, together with adequate supporting documentation, e.g., drawings or photographs of corrected conditions, purchase/work orders related to abatement actions, air sampling results, etc. Employer Discrimination Unlawful - The law prohibits discrimination by an employer against an employee for filing a complaint or for exercising any rights under this Act. An employee who believes that he/she has been discriminated against may file a complaint no later than 30 days after the discrimination occurred with the Alaska Department of Labor Office at the address shown above. Employer Rights and Responsibilities - The enclosed form outlines additional employer rights and responsibilities and should be read in conjunction with this notification. Notice to Employees - The law gives an employee or his/her representative the opportunity to object to any abatement date set for a violation if he/she believes the date to be unreasonable. The contest must be mailed to the Alaska Department of Labor Office at the address shown above and postmarked within 15 working days (excluding weekends and State holidays) of the receipt by the employer of this Citation and Notification of Penalty. Citation and Notification of Penalty Page 2 of 10 "', _ : , s,_ "A AKOSH-2(Rev. 10/94) Alaska Department of Labor of r„" Labor Standards & Safety a F NOTICE TO EMPLOYEES OF INFORMAL CONFERENCE An informal conference has been scheduled with AKOSH to discuss the citation(s) issued on 02/07/95. The conference will be held at the AKOSH office located , Alaska, on at . Employees and/or representatives of employees have a right to attend an informal conference. Citation and Notification of Penalty Page 3 of 10--. AKOSH-2(Rev. 10/94) State of Alaska Department of Labor Labor Standards & Safety Occupational Safety & Health P.O. Box 107022 Anchorage, Alaska 99510 Citation and Notification of Penalty Inspection Number: 124076597 Inspection Dates: 12/05/94 - 12/05/94 Issuance Date: 02/07/95 Company Name: Kenai City of Inspection Site: 1450 Kenai Avenue. Kenai, AK 99611 The alleged violations below have been grouped because they involve similar or related hazards that may increase the potential for injury resulting from an accident. Citation 1 Item la Type of Violation: Serious CFR 1910.119(d)(2)(i)(D): Process safety Information. In accordance with the schedule set forth in paragraph (e)(1), the employer shall complete a compilation of written process safety information before conducting any process hazard analysis required by the standard. The compilation of written process safety information is to enable the employer and the employees involved in operating the process to identify and understand the hazards posed by those processes involving highly hazardous chemicals. This process safety information shall include information pertaining to the hazards of the highly hazardous chemicals used or produced by the process, information pertaining to the technology of the process, and information pertaining to the equipment in the process. (2) Information pertaining to the technology of the process (i) Information concerning the technology of the process shall include at the following: (D) Safe upper and lower limits for such items as temperatures, pressures, flows and compositions. FOR EXAMPLE: The written process safety information did not include safe upper and lower limits for Chlorine and Sulfur Dioxide gas flow into the waste water treatment mixing tank. Date By Which Violation Must be Abated: 03/12/95 Proposed Penalty':- $ 875.00 See pages 1 through 3 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Citation and Notification of Penalty Page 4 of 10 /1 OSHA-2 (Rev. 6/93) State of Alaska Department of Labor Labor Standards & Safety Occupational Safety & Health P.O. Box 107022 Anchorage, Alaska 99510 Citation and Notification of Penaltv Inspection Number: 124076597 Inspection Dates: 12/05/94 - 12/05/94 Issuance Date: 02/07/95 Company Name: Kenai City of Inspection Site: 1450 Kenai Avenue. Kenai. AK 99611 Citation 1 Item lb Type of Violation: Serious or r" . CFR 1910.119(c)(1): Employers shall develop a written plan of action regarding the implementation of the employee participation required by this paragraph. FOR EXAMPLE: The employer did not have a written plan of action for the implementation of employee participation in the development of a process safety management program as required under 1910.119. Date By Which Violation Must be Abated.: 03/12/95 Citation 1 Item lc Type of Violation: Serious CFR 1910.119(d)(2)(i)(E): Process safety Information. In accordance with the schedule set forth in paragrap. (e)(1), the employer shall complete a compilation of written process safety information before conducting any process hazard analysis required by the standard. The compilation of written process safety information is to enable the employer and the employees involved in operating the process to identify and understand the hazards posed by those processes involving highly hazardous chemicals. This process safety information shall include information pertaining to the hazards of the highly hazardous chemicals used or produced by the process, information pertaining to the technology of the process, and information pertaining to the equipment in the process. (2) Information pertaining to the technology of the process (i) Information concerning the technology of the process shall include at the following: (E) An evaluation of the consequences of deviations, including those affecting the safety and health of employees. FOR EXAMPLE: A written evaluation of consequences of deviations from operating procedures that may affect employee safety and health was not conducted by the employer at the waste water treatment plant when using chlorine and sulfur dioxide gas processes. Date By Which Violation hiust be Abated: 03/ ] 2195 See pages 1 through 3 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Citation and Notification of Penalty Page 5 of 10 0SHA-2 (Rev. 6/93) �� State of Alaska Department of Labor Labor Standards & Safety Occupational Safety & Health P.O. Box 107022 Anchorage, Alaska 99510 Citation and Notification of Penaltv Inspection Number: 124076597 Inspection Dates: 12/05/94 - 12/05/94 Issuance Date: 02/07/95 Company Name: Kenai City of Inspection Site: 1450 Kenai Avenue, Kenai, AK 99611 Citation 1 Item ld Type of Violation: Serious CFR 1910.119(d)(3)(i)(F): Process safety Information. In accordance with the schedule set forth in paragraph (e)(1), the employer shall complete a compilation of written process safety information before conducting any process hazard analysis required by the standard. The compilation of written process safety information is to enable the employer and the employees involved in operating the process to identify and understand the hazards posed by those processes involving highly hazardous chemicals. This process safety information shall include information pertaining to the hazards of the highly hazardous chemicals used or produced by the process, information pertaining to the technology of the process, and information pertaining to the equipment in the process. (3) Information pertaining to the equipment in the process (i) Information pertaining to the equipment in the process shall include: (F) Design codes and standards employed. FOR EXAMPLE: The process safety information provided by the employer did not identify the design codes and standards employed in the construction and operation of a chlorine and sulfur dioxide treatment for the waste water plant. Date By. Which Violation Mint be Abated: 03/I2/95 See pages 1 through 3 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Citation and Notification of Penalty Page 6 of 10 4 OSHA-2 (Rev. 6/93) State of Alaska Department of Labor Labor Standards & Safety Occupational Safety & Health P.O. Box 107022 Anchorage, Alaska 99510 Citation and Notification of Penalty Inspection Number: 124076597 Inspection Dates: 12,'05/94 - 12/05/94 Issuance Date: 02/07/95 Company Name: Kenai City of Inspection Site: 1450 Kenai Avenue, Kenai, AK 99611 Citation 1 Item le Type of Violation: Serious CFR 1910.119(e)(1)(i): (e) Process hazard analysis. (1) The employer shall perform an initial process hazard analysis (hazard evaluation) on processes covered by this standard. The process hazard analysis shall be appropriate to the complexity of the process and shall identify, evaluate, and control the hazards involved in the process. Employers shall determine and document the priority order for conducting process hazard analysis based on a rationale which includes such considerations as extent of the process hazards, number of potentially affected employees, age of the process, and operating history of the process. The process hazard analysis shall be conducted as soon as possible, but not later than the following schedule: (i) No less than 25 percent of the initial process hazards analysis shall be completed by May 26, 1994, FOR EXAMPLE: The employer did not perform a process hazard analysis to address the items in 1910.119(e)(3)(i) through (vii) for the chlorine and sulfur dioxide systems in place at the waster water treatment plant. Date .By Which Violation Must be Abated: Citation 1 Item if Tvpe of Violation: Ser10llS 03/12195 CFR 1910.119(f)(1)(i)(C): (f) Operating procedures. (1) The employer shall develop and implement written operating procedures that provide clear instructions for safely conducting activities involved in each covered process consistent with the process safety information and shall address at least the following elements: (i) Steps for each operating phase: (C) Temporary operations. FOR EXAMPLE: The employer did not have adequate written operator procedures with clear instructions for temporary maintenance operations. An example includes, but is not exclusive of, the requirements necessary to isolate flow to the sampling pumps before replacement. Date By Which Violation Must be Abated: 03/12/95 See pages 1 through 3 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Citation and Notification of Penalty Page 7 of 10 OSHA-2 (Rev. 6/93) _... State of Alaska Department of Labor Labor Standards & Safety Occupational Safety & Health P.O. Box 107022 Anchorage, Alaska 99510 Inspection Number: 124076597 Inspection Dates: 12/05/94 - 12/05/94 Issuance Date: 02/07/95 Citation and Notification of Penaltv Company Name: Kenai City of Inspection Site: 1450 Kenai Avenue, Kenai, AK 99611 Citation 1 Item U Type of Violation: Serious CFR 1910.119(f)(1)(i)(D): (f) Operating procedures. (1) The employer shall develop and implement written operating procedures that provide clear instructions for safely conducting activities involved in each covered process consistent with the process safety information and shall address at least the following elements: (i) Steps for each operating_ phase: (D) Emergency shutdown including the conditions under which emergency shutdown is required, and the assignment of shutdown responsibility to qualified operators to ensure that emergency shutdown is executed in a safe and timely manner. FOR EXAMPLE: The employer did not have written operator procedures with clear instructions for emergency shutdown which adequately identifies the responsibility of the operator during emergencies. Date By Which Violation Must be. Abated: Citation 1 Item lh Type of Violation: Serious 03/12/95 CFR 1910.119(f)(1)(ii)(A): (f) Operating procedures. (1) The employer shall develop and implement written operating procedures that provide clear instructions for safely conducting activities involved in each covered process consistent with the process safety information and shall address at least the following elements: (ii) Operating limits: (A) Consequences of deviation. FOR EXAMPLE: The employer did not have written operator procedures which adequately identifies the operating limits and consequences of deviation from the operating limits. Date By Which Violation. Must be Abated: 03/12/95 See pages 1 through 3 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Citation and Notification of Penalty Page 8 of 10 OSHA-2 (Rev. 6/93) State of Alaska Department of Labor Labor Standards & Safety Occupational Safety_ & Health P.O. Box 107022 Anchorage, Alaska 99510 Citation and Notification of Penalty Inspection Number: 124076597 Inspection Dates: 12,'05/94 - 12/05/94 Issuance Date: 02/ 07/95 Company Name: Kenai Citv of Inspection Site: 1450 Kenai Avenue. Kenai, AK 99611 Citation 1 Item li Tvpe of Violation: Serious CFR 1910.119(1)(1): Management of change. The employer shall establish and implement written procedures to manage changes (except for "replacements in kind") to process chemicals, technology, equipment, and procedures to facilities that affect a covered process. FOR EXAMPLE: The employer did not adopt written management of change procedure that includes the consideration in 1910.119(l)(2)(i through v). Date By Which. Violation Must be Abated: 03/121.95 Citation 1 Item 1i Type of Violation: Serious CFR 1910.1190)(2): Written procedures. The employer shall establish and implement written procedures to maintain the on -going integrity of process equipment. FOR EXAMPLE: The employer did not adopt adequate written maintenance procedures to assure the integrity of the process equipment for the Chlorine and Sulfur dioxide systems. Date By Which Violation Must be Abated: 031I2; 95 See pages 1 through 3 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Citation and Notification of Penalty Page 9 of 10 - Iq OSHA-2 (Rev. 6/93) State of Alaska Department of Labor Labor Standards & Safety Occupational Safety & Health P.O. Box 107022 Anchorage, Alaska 99510 Citation and Notification of Penalty Inspection Number: 124076597 Inspection Dates: 12/05/94 - 12/05/94 Issuance Date: 02/07/95 Company Name: Kenai City of Inspection Site: 1450 Kenai Avenue, Kenai, AK 99611 Citation 1 Item lk Type of Violation: Serious V I1F TI�j. �� 9 i� _ CFR 1910.1190)(4)(iv): Mechanical integrity (4) Inspection and testing. (iv) The employer shall document each inspection and test that was has been performed on process equipment. The documentation shall identify the date of the inspection or test, the name of the person who performed the inspection or test, the serial number or other identifier of the equipment on which the inspection or test was performed, a description of the inspection or test performed, and the results of the inspection or test. FOR EXAMPLE: The employer did not adequately have written documentation of inspection and test of the alarm system or other equipment used in the chlorine and sulfur dioxide process. Date By Which Violation Must be Abated: Dennis L. Smythe, Cl 03/I2/95 See pages 1 through 3 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Citation and Notification of Penalty Page 10 of 10 *� OSHA-2 (Rev. 6/93) CITY OF KENAI it Gil 4 41adIt 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-775 TELEPHONE 907-283-7535 FAX 907-283-3014 b:fta February 17, 1995 Dennis L. Smythe, Chief of Enforcement Alaska Department of Labor Labor Standards & Safety Occupational Safety and Health P.O. Box 107022 Anchorage, AK 99510 SUBJECT: CITY OF KENAI OSHA INSPECTION-124076597 Sent: Via Fax (907) 269-4950 Hard copy to follow via mail. Dear Mr. Smythe: The City of Kenai requests an Informal Conference hearing on the above subject Citation and Notification of Penalty. The City would also like to reserve the right to contest the Citation and Notification Penalty. The City of Kenai would also like to request abatement assistance concerning this matter. The date by which the violation must be abated and the method of abatement are of special concern. Please let us know what steps we should now take and when we should pay the penalty. Sincerely, Keith Komelis Public Works Director KK/lh February 27, 1995 Dwayne Houck OSHA PO Box 107022 Anchorage, AK 99510-7022 Subject: OSHA Inspection Inspection No. 124076597 Dear Mr. Houck: CITY OF KENAI it Od Cclf-ZiW 4 41ad *46 it 210 FIDALGO AVE., SUITE 200 KENAI. ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 kvft%lq 64AMO" � C VIA: Fax - 269-4950 Hard copy to follow - mail According to our telephone conversation today, the City of Kenai would like to enter into a mutual agreement to allow OSHA to extend the notice for filing for contest until March 24, 1995. We plan to hire a consultant very soon to help us decide if we want to go to a different disinfection process or if we want to develop a process safety management program, and continue using gas. Thank you for working with us on this matter. Please contact me if there is anything we need to do, or should be doing. Sincerely, Keith Korneiis Public Works Director KK/kw cc: Rachel Clark, Safety Coordinator Gerry Allen, STP Foreman CITY OF KENAI Od Ooatao" 441,rvi" 11 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 - _ FAX 907-283-3014 � as C" 1"2 March 8, 1995 Dwayne Houck OSHA PO Box 107022 Anchorage, AK 99510-7022 Subject: City of Kenai Inspection No. 124076597 Dear Mr. Houck: I have attached the City of Kenai's Reouest For Proposals (RFP) for the following two projects. 1. S.T.P. - Method of Disinfection Change 2. S.T.P. Process Safety and Risk Management Program We have sent this RFP to the following firms: Arasmith Consulting Resources, Inc. 1298 Elm St. SW Albany, OR 97321 Risk Management Associates 1187 Coast Village Road, Suite 1-186 Santa Barbara, CA 93108 S & S Health & Safety Consulting PO Box 671830 Chugiak, AK 99567 Fluor Daniel Alaska PO Box 196680 Anchorage, AK 99519-6680 CH2M Hill 301 West Northern Lights Blvd., Suite 601 Anchorage, AK 99503-2662 E.S.H.A. 200 W 34th Ave., #908 Anchorage, AK 99503 I am requesting that our City Council appropriate money (required to be done by ordinance) for these two projects. This ordinance will be up for introduction at the next Council meeting of March 15, 1995. If the introduction passes, the ordinance will be up for Public Hearing and adoption at the following meeting of April 5, 1995. �=� �=---3 -- - -- - Page 2 Houck - 3/8/95 The tentative schedule is as follows: March 7, 1995 RFP's sent to firms March 15, 1995 Council introduce appropriation ordinance March 20, 1995 Proposals received from consulting firms April 5, 1995 Council to pass appropriation ordinance and amend dollar amount to match proposal April 6, 1995 City award contract for Project 1, but hold off awarding Project 2 until the city decides if we are going to change the disinfection method The city hopes the capital and operating costs to switch over to a safer form of disinfection will be low enough to allow us to make this change. We will know shortly after the consultant finishes Phase I of Project 1. If the city makes this change then Project 2, the STP Process Safety and Risk Management Programs, will not be necessary. The city appreciates you working with us on this matter. I will call you after I receive the consulting firms proposals on March 20, 1994. 1 guess we will need to make some decisions on how to handle the citation prior to the March 24 deadline we discussed on the phone, and confirmed in my February 27, 1995 letter. The consulting firms proposal, which will include a schedule, should help us set a more realistic abatement date. Again, thank you for working with us and please contact me if we need to do something different than stated above or if we have overlooked anything that needs to be done. Sincerely, Keith Komelis Public Works Director KK/kw Date: March 7, 1995 REQUEST FOR PROPOSALS The City of Kenai is seeking Proposals for professional services on the following two projects: 1) S.T.P. - METHOD OF DISINFECTION CHANGE 2) S.T.P. PROCESS SAFETY AND RISK MANAGEMENT PROGRAM Interested consulting firms are asked to submit three (3) copies of their proposals. Consulting firms can make a proposal on one or both projects. Specific information would, as a minimum, include: specialized experience, individual work assignments, project approach, project scope, project schedule, and not -to -exceed figures. It is not necessary to provide an expensive fancy bound printed proposal. Simple staple bound copies are sufficient. Public Works may make copies of the proposal to go to each of the City of Kenai's Council members. The Public Works Administration will make a recommendation to the City Council. The City will decide which proposal would be in the best interest of the City. The firm will be chosen by a resolution passed by the complete Council. DEADLINE FOR SUBMITTING PROPOSALS The deadline for submitting proposals is March 20, 1995, 5:00 p.m., local time. Please submit your proposal(s) in a sealed envelope, marked in the lower left-hand corner with °PROPOSAL - S.T.P." PROPOSAL CONTENT Include information for each of the following items organized in a logical manner to enable a proper evaluation. The firm's specialized experience in the type of work required. Include a record of the firm in accomplishing work on other similar projects in the required time. 2. List the qualifications and experience of the individuals who are going to actually perform the work on this project. Include the complete resumes of the individuals that your firm is going to assign to the project if awarded. 3. Give the geographical location or locations where the work on this project will be performed. Also include information to indicate your firm's knowledge of our local situation. Page 1 - R.F.P.: Proposal - STP Y-; 4. Give an explanation of how your firm will approach this project and how this project would fit into your firm's list of priorities in your current workload. 5. Give your firm's proposed work schedule showing major items to be accomplished and dates you will accomplish them. Give a manpower allocation to each work task for each project. 6. Give the rates at which your firm proposes to perform the services with a not -to - exceed figure for each project as a whole with a breakdown to show the expense and effort needed for each work task showing how the total figure was arrived at. The City of Kenai is asking for a not -to -exceed figure and hourly rates for Project 1, (PHASE 1, and PHASE II), and for Project 2. The Council of the City of Kenai may or may not choose the firm which has the lowest rates and lowest not -to -exceed figures. All of the above factors will be considered in the selection. The City of Kenai reserves the right to accept or reject any/all of the proposals and to accept the proposal deemed to be in the best interest of the City of Kenai. The City of Kenai may waive any irregularities in this proposal in the best interest of the City. ERRORS AND OMISSIONS INSURANCE: 1) STP - Method of Disinfection Change will require errors and omissions insurance for the design and construction in the amount of $500,000. 2) STP - Process Safety Management and Risk Management Programs will not require errors and omissions insurance. DESCRIPTION OF PROJECTS 1 AND 2 Project 11 STP - Method of Disinfection Change The City of Kenai is presently disinfecting its waste water with the use of 1 ton gas chlorine cylinders. We are removing the chlorine before discharge with the use of 1 ton gas sulfur dioxide cylinders. This presents a potential safety risk to persons and the environment. OSHA requires the City to have a Process Safety Management Program. EPA will be requiring a Risk Management Program. PHASE 1 of this project is to do a cost analysis of continuing with the use of 1 ton gas cylinders versus changing the method of disinfection to lower our risk. The consultants report on Phase I will be reviewed by the City to determine if we want to continue with this Project 1. If the capital costs to restructure our disinfection method and the yearly operating costs are acceptable the City may decide to continue with Project 1 onto Phase ll. PHASE II of this project is to perform complete engineering for changing the disinfection method. This would include design, bidding services, furnishing 20 sets of plans and project manuals, construction coordination, submittal reviews, inspection, and preparation of as -built drawings. The Page 2 - R.F.P.: Proposal - STP Consultant is to plan a considerable amount of time for review and input from the Kenai Public Works Department. Operators safety and low maintenance costs are very important. The cost for the Consultant to perform the work in Project 1 is to be listed separately for Phase 1 and Phase II. The Consultant agrees that the City of Kenai may terminate this project after PHASE I and not continue. Project 21 STP - Process Safety Management Program & Risk Management Program for Chemical Accidental Release Prevention The Consultant will perform all work necessary for the implementation of a Process Safety Management Program in accordance with Alaska Department of Labor OSHA and a Risk Management Program for Chemical Accidental Release Prevention in accordance with the Alaska Department of Environmental Conservation (ADEC), and the Environmental Protection Agency (EPA). The Consultant is to perform all of the work that is necessary for the City of Kenai to comply with the State and Federal rules and regulations, but is not limited to the following: 1.Compile all process safety and risk management information listed in OSHA 1910.119 and EPA 112 Part 68. 2. Perform a complete (100%) initial process hazard analysis in accordance with OSHA 1910.119 and EPA 112 Part 68, and serve as administrator of the process hazard and risk management analysis teams. 3. Develop written operating procedures for all covered processes in accordance with OSHA 1910.119 and EPA 112 Part 68. 4. Provide all initial training, and documentation, procedure development, implementation, and all reporting and record requirements, for all effected City employees in accordance with OSHA 1910.119 and EPA 112 Part 68. 5. Develop written procedures to maintain mechanical integrity in accordance with OSHA 1910.119 and EPA 112 Part 68, and perform initial equipment testing and inspections as listed in OSHA 1910.119 and EPA 112 Part 68. 6. Develop written procedures to manage changes in accordance with OSHA 1910.119 and EPA 112 Part 68. 7. Develop a written Emergency Response Plan in accordance with OSHA 1910.119 and EPA 112 Part 68, including written procedures for the use of emergency equipment and for its testing, inspection and maintenance. Also conduct a drill to test and evaluate the plans effectiveness. Page 3 - R.F.P.: Proposal - STP 8. Prepare a Risk Management Plan in accordance with EPA 112 Part 68. 9. Audit both programs and certify that the procedures and practices developed under the standard are adequate. 10. Compile a report at the end of the work detailing recommendations. BASIC SERVICES Basic services will be performed under our standard contracts. TENTATIVE SCHEDULE Consultants RFP due ................................... March 20, 1995 Contract awarded ........................................ April 6, 1995 The Consultant is to include as part of the proposal an estimated schedule for their work including: I.) Project 1 - Phase I A) Complete Cost Analysis ......................... II.) Project 1 - Phase II A) Complete final plans, specifications, cost estimates, and contract documents in bid ready form ........... B) Construction bid date ........................... C) Award Construction contract ...................... D) Begin construction ............................. E) Complete construction .......................... III.) Project 2 A) Total estimated time to complete the Process Safety Management Program B) Total estimated time to complete the Risk Management Program for Chemical Accidental Release Prevention .................... Please contact Kenai Public Works Department, 283-7535, or the Sewer Treatment Plant, 283-4529 for further information. Page 4 - R.F.P.: Proposal - STP CONTRACT FOR EMERGENCY MANAGEMENT SERVICES THIS AGREEMENT, executed this day of 1995, is effective as of the day of between the KENAI PENINSULA BOROUGH, an corporation, hereinafter referred to as the "Borough" KENAI, an Alaska municipal corporation, hereinafter "Cit " Y• Alaska and the referred 1995, municipal CITY OF to as the WHEREAS, for the purpose of disaster response planning, the Borough has been divided into four geographical zones (KPB Chapter 2.45) as shown on the attached map; and WHEREAS, the Borough has developed and approved the Kenai Peninsula East and South Zone Emergency Response Plan; and WHEREAS, the Borough shall complete the North Zone Emergency Response Plan by September 1995; and WHEREAS, the Borough, in conjunction with the Kenai Peninsula Borough Emergency Planning Committee (KPBEPC) will provide computer equipment to the City as part of the four zone information management system; and WHEREAS, the Borough will provide zone emergency response plan training to the City; and WHEREAS, the Borough wishes to utilize the expertise and assistance of the City in the administration of the North Zone Plan and as an alternate routing answering center in the event of failure of calls to the centralized call taking facility; and WHEREAS, the Borough has provided computer equipment and software to the City for use in conjunction with the Enhanced 9-1-1 Communications System. Page 1 NOW THEREFORE, in consideration of the covenants and agreements hereinafter contained and the payment of monies as hereinafter set forth, the parties hereto mutually agree as follows: SECTION 1. SERVICES, The City shall provide an alternate routing 9-1-1 answering center in the event of failure of calls to the centralized call taking facility or if the centralized call taking facility is overwhelmed in time of a regional disaster. This service will be to the following exchanges: 1. Kenai (283 exchange) 2. Nikiski (776 exchange) 3. Any other telephone exchanges agreed to by both parties. SECTION 2. The Borough shall be responsible for the following: A. 9-1-1 telephone line charges B. 9-1-1 equipment repair costs (see attachment "A") C. 9-1-1 equipment replacement (see attachment "A") D. Providing the City with computer and software as part of the four zone emergency information management system (funding through the KPBEPC.) E Providing zone plan training to the City SECTION 3. All equipment purchased by the Borough for the City shall remain the property of the Borough and may be removed upon termination of this agreement. Page 2 SECTION 4. The agreement and all supplemental documents, unless otherwise specified, shall remain in effect until terminated by withdrawal of a party. A party wishing to withdraw shall tender to the other party such intent in writing by March 2 or earlier. Such termination shall be in effect upon the July 1 date immediately following the notice. SECTION 5. PAYMENT. The Kenai Peninsula Borough Assembly will set the amount to be paid to the City on an annual basis through the budget process as submitted by the KPB Office of Emergency Management. SECTION 6. ASSIGNMENT. Neither of the parties hereto shall assign its rights, duties, nor obligations hereunder without the prior written consent of the other. SECTION 7. PROVISION OF LAW. Both parties agree to comply with any applicable provisions of Federal, State or Borough laws in providing services under this contract. KENAI PENINSULA BOROUGH Title: THIS FORM IS APPROVED AS TO LEGAL FORM AND SUFFICIENCY 92 Borough Attorney ATTEST: Borough Clerk CITY OF KENAI By: Title: THIS FORM IS APPROVED AS TO LEGAL FORM AND SUFFICIENCY Kenai City Attorney ATTEST: Kenai City Clerk Page 3 CONTRACT FOR EMERGENCY MANAGEMENT SERVICES ATTACHMENT "A" One (1) MultiTech 2400 bps Modem One (1) HP Quiet Jet Printer Two (2) 17-inch color monitors One (1) 9-1-1 ALI Terminal Page 4 MEMORANDUM J TO: Thomas J. Manninen City Manager FROM:r Daniel L. Morris Chief of Police DATE: February 14, 1995 SUBJECT: North Zone Emergency Plan/E911 contract Historical Review In 1984 the Kenai Peninsula Borough passed Ordinance 84-75 authorizing a non-areawide 911 emergency communications system. As a result, the cities of Homer and Seward received funds from the borough to pay for one dispatcher position in each city. Justification for payment was based on the fact that Homer and Seward provided dispatch services to surrounding areas not within a city or, in some instances, not within a service district. Soldotna Police Department contracted with the borough and Alaska State Troopers for dispatch services while Kenai dispatched strictly within the Kenai city limits. In a 1991 memorandum, the KPB legal department advised the 911 Board of Directors that ordinance 84-75 did not give the borough authority to pay for dispatch services in Homer and Seward. It was later agreed by the KPB legal department, the 911 Board, and the Office of Emergency Management (OEM) that the cities of Homer, Seward, and Kenai could receive funds from the borough through the OEM if each community committed to providing a 911 answering center as backup in the event the central answer- ing point at AST went down during an emergency or disaster. The cities of Homer and Seward agreed to this as part of the Kenai Peninsula Borough Emergency Response Zone Plan. North Zone Emergency Response Plan The State Emergency Response Commission (SERC) was estab- lished in response to the Emergency Planning and Community Right - to -Know Act 42 U.S.C. 11001-11050 and Alaska Statute 26.23. As a result, the geographical area within the Kenai Peninsula Borough was established as a Local Emergency Planning District. The borough established a Local Emergency Planning Committee (LEPC) made up of area citizens, emergency responders, elected offi- cials, and the media to develop emergency plans in cooperation with affected municipalities. The KPB Office of Emergency Management, in cooperation with the LEPC, has developed an all -hazards plan which separates the borough into four zones; south, east, central, and north. The zones were established by considering geographical boundaries, disaster risks, and availability of communication centers and emergency responders. The zone plans have been completed for the south and east zones. The East Zone Plan has been reviewed by the Kenai Police and Fire Departments. The plan uses the Incident Command System which we have trained with in Kenai. The zone plan consists of four volumes: Administrative Overview, Emergency Operations Guide, Emergency Operations Center Guide, and Resources Manual. The zone plan would only be activated when an emergency directly impacts more than one municipal jurisdiction and a coordinated response under a unified command structure is necessary. Most local emergencies would continue to be handled through our own emergency procedures and mutual aid agreements. The zone plan would not require the city to give up control of our resources in an emergency unless the City Manager autho- rized the use of personnel and equipment outside the city. There are several advantages to managing a multi -jurisdic- tional disaster under a common plan: *All participants are familiar with the same plan *Increased efficiency of communications between jurisdic- tions *More efficient use of personnel and other resources *An organized approach to managing the disaster and recovery If the North Zone Plan is adopted by the city, follow-up will include training, developing implementation procedures, and maintaining an up-to-date resource manual. A first draft of the North Zone Plan probably won't be completed before July 1995. Current Status At this time, the K Office of EOncy ncy Management is offering the City of Ken $44,000 to de an alternate E911 answering center to back u e centra1 taking facility in an emergency. The "Contract Services" document is attached. This agreement would require the Kenai Communications Department to answer incoming 911 calls from the 283 and 776 phone exchange areas. In an emergency, this would require call- ing in additional communications personnel. In most instances, a disaster in Nikiski would require a mutual aid response from the Kenai Fire and Police Departments and result in additional communications personnel being called in to assist anyway. This contract would also be a first step toward implementa- tion of the North Zone Plan. Recommendation The East Zone Plan and the attached contract have been reviewed by the Kenai Fire and Police Departments. I recommend that the City of Kenai agree to the contract terms after review by you and the city attorney. If you agree, an ordinance could be drafted to increase revenue to the city's general fund in the amount of $44,000. A resolution or ordinance could be drafted later this year accepting the North Zone Emergency Response Plan when it is com- pleted to the City's satisfaction. DLM/lrr cc: Cary Graves City Attorney MEMORANDUM TO: Mayor Williams and City Council THROUGH: Tom Manninen, City Manager --� FROM: Keith Komelis, Public Works Direc�tor(L;D DATE: March 8, 1995 SUBJECT: Kenai CIP State Grant Requests - 95/96 FOR: City Council meeting of 3/15/95 A one page, brief description of each Capital Improvement Project on our 95/96 Request for State Grants Brochure is attached. Please carefully read each description and make any changes, deletions, or additions, you feel is appropriate. As you can see from the date on the attached letter to our legislative representatives, these descriptions have not been sent yet. I plan on mailing this letter with a brochure and the descriptions after Council has had a chance to review them. If anyone would like to make substantial changes they could bring them to Public Works prior to the Wednesday night meeting so they can be re -typed and I will bring their substitute description for Council to consider at the meeting. Please note that in the legislative letter I mention our delegation is going to Juneau March 27 - 29, 1995. 1 said you wanted me to tell them that you would be happy to meet with them. If you want me to include this statement, please tell me so. KK/kw March 16, 1995 Senator/Representative (Name & Address) Subject: City of Kenai 95/96 Request for State Grants Enclosed is another copy of the previously sent City of Kenai: 1995-96, Capital Improvement Projects. Request for State Grants brochure sent to you on January 23, 1995. Also enclosed, for your information, is a one page, brief description of each project that will give you a better understanding of each project the city is requesting. If you would like further detailed information, please feel free to call Mayor John Williams, City Council Members, City Manager Tom Manninen, and/or City Department Heads. We would be delighted to offer further explanations or information on these projects which we feel are of the utmost importance to the City of Kenai. The Mayor, some Council Members, and the City Manager plan on being in Juneau on March 27 - 29, 1995. They wanted me to tell you they will be happy to meet with you to discuss our CIP list and any other items you might wish to discuss. Sincerely, Keith Komelis Public Works Director KK/kw cc: Mayor John J. Williams City Council Members Tom Manninen, City Manager City of Kenai Department Heads r� CITY OF KENAI it Gd eC4fZl q Arzd,"„ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 bwdftmwd Kenai 1995 - 96 Capital Improvement Project Health & Safety No. 1 Water System Improvements Currently, the city water system is experiencing three basic problems: the need for additional water supply, improved hydraulics, and aesthetics (color). The city is preparing to embark on an improvement plan to correct these immediate problems and provide a system that will need no major improvements (other than growth related expansions) for a period of up to 10 years. The city is, at this time, doing further testing of an exploratory well which has shown potential for both increased quantity and quality. If the well proves to be viable, the city will increase system capacity by 50%, or more, over our existing two wells, and improve water quality by simple dilution. A permanent well and well house will then be constructed at an estimated cost of $1.5 to $2.0 million dollars. Another phase of the improvement plan is to replace existing pump controls in our system with controls that can be actuated with the recently installed SCADA system, using remote pressure sensing. This control system would increase storage of water at our 3 million gallon tank during high use periods, more efficiently sequence all distribution pumps to increase overall system pressure, and maximize higher quality water sources. Costs for this should be in the range of $300,000 to $500,000. The final phase is to construct water main loops in certain areas of the city to improve local hydraulics. $500,000 to $700,000 would be expended for this phase. For more detailed information, contact Keith Kornelis, Public Works Director, or Jack La Shot, City Engineer. 1FroCq "2 CITY OF KENAI 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 Kenai 1995 - 96 Capital Improvement Project Health & Safety No. 2 Community Road Development The City of Kenai currently maintains approximately 65 miles of streets. Since 1980, the city has increased the total miles maintained by 30% and upgraded approximately 75% of the remaining streets to either a high standard gravel or asphalt concrete surface. Funds expended in this category would go toward further upgrading existing streets, many of which would receive paving, and adding streets where needed to enhance our transportation system. The Kenai City Council currently has chosen to assess adjacent improved properties, not -to -exceed 25% of project costs or 25% of appraised property value to partially fund construction. Historically, the city has used grant funds to quickly begin construction on projects, thereby stimulating the local economy. Many times, project designs have been completed through use of city general fund monies in order that grant funds may quickly go to work for us as construction dollars. For more detailed information, contact Keith Korneiis, Public Works Director, or Jack La Shot, City Engineer. Kenai 1995 - 96 CITY OF KENAI Capital .Improvement Project Health & Safety No. 3 FIRE DEPARTMENT Satellite Fire Station 105 SOUTH WILLOW STREET KENAI, ALASKA 99611-7745 (907) 283-7666 • FAX (907) 283-2267 MEMORANDUM Date: December 27, 1994 From: -Aavid C. Burnett, Fire Chief To: Keith Korneilis, Public Works Director Subject: Satellite Fire Station (Beaver Creek) N KENAI With completion of the water lines in the Thompson Park Subdivision, we are taking a look at the possibilities of obtaining funding to provide a Satellite Fire Station in the Beaver Creek area, for which property has already been set aside. The tax payer's in that area will realize a considerable savings in insurance premiums, which will offset their assessment for water service. The cost for a new Sub -Station is estimated at $800,000. Currently, that area not within a thousand feet of a fire hydrant and five miles from a fire station has an I.S.O. classification of a rural eight (8). By providing a Sub -Station, this rating could be improved to a five (5), possibly a three (3), with a new grading. This would mean an average decrease in insurance premiums of approximately 38%. The following information is based on replacement cost of an average home valued at $100,000.00, with a $500.00 deductible. The quote is based on without "extra's". ISO "8" ISO "3" Premium Percent Insurance Co. Rating Rating Difference Difference Allstate 523.00 303.00 220.00 39% Kemper 501.00 324.00 177.00 36% Safeco 628.00 382.00 246.00 39% Providing a Sub -Station is built at Beaver Creek, and based on the figures above, a property owner living in the area could save an average of $214.33, in insurance premiums annually. At this rate the same property owner could expect to recoup the cost of his/her assessment for the water in approximately 11.66 years. The Sub -Station would essentially have an apparatus room that would have one partial bay and one drive through bay. This means it could house up to three pieces of apparatus. CITY OF KENAI If Od eC4n 4 n/ , / 11 210 FIDALGO AVE., SUITE 200 KENAII,,`�A(LLAAS/99 K,/A99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 Kenai 1995 - 96 Capital Improvement Project Health & Safety No. 4 Animal Control Shelter The urgency for a new animal shelter as requested by the City of Kenai increases daily. The walls are rotted with water damage; the roof is coming off; drains freeze up, and the concrete floor heaves with frost. Because of this, I have grave concerns for the health and safety of our animals at the shelter. The wet/rotted walls hold disease; there are not barrier walls between the animals which in turn spreads disease. We have had several parvo out breaks this last year. Animals with infections cannot be adequately quarantined because of the above situation. This of course relates to human health issues as well. When temperatures are low outside, the shelter is also cold. Blankets have to be provided for the animals. Disease spreads worse in the cold because of the wet and rotting insulation in the walls. Human health issues are also a concern. Animal waste fluids flow down to a central drain and staff and public must walk through the waste. The euthanasia room is too small to handle large and ferocious animals. This could cause accidental needle sticks and injections to staff members. Inadequate ventilation is a problem. It exposes staff to more bacteria and cleaning chemicals. Lastly, the noise levels in the shelter are deafening. If we wear ear protection, we cannot hear phones or citizens. In closing, a new shelter would not only benefit the animals and staff, but the community as a whole. We could have more and better vaccination clinics and education programs. We could hold more animals longer (and still maintain a healthy environment) which would increase the adoption rate. We could make a more positive image to the public. We would be able to help the State of Alaska quarantine animals for rabies observation, and help the state troopers and parks division. A new shelter would be a Peninsula wide operation; not only for use by Kenai residents, but much like the city library or teen center which serves the whole Peninsula. For more detailed information, contact Keith Komelis, Public Works Director, or Bill Godek, Chief Animal Control Officer. CITY OF KENAI „c9d e It it 41 Za 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 Kenai 1995 - 96 Capital Improvement Project Health & Safety No. 5 Sewer System Imrrovements - $5 000 000 Wastewater Treatment Plant Expansion The City of Kenai's request for $5,000,000 for a wastewater treatment plant expansion is based on recent findings by Vasey Engineering and confirmed by accepted treatment design criteria. Though the actual timeline for expansion remains uncertain due to limited population projects, questions concerning operational modes, and the actual effect of Inflow and Infiltration (I & I) it is very crucial to start the background studies and design work as soon as possible. Vasey Engineering's preliminary findings in the leachate study said that utilization of design capacity was 75% for flow, 89% for BOD (Biochemical Oxygen Demand) and 86% of TSS (Total Suspended Solids). The State of Washington recommends starting upgrade work at 70% to 75% of capacity with a three year timeline needed for design and construction. Vasey's population estimates project plant capacity will be reached in 3 to 7 years; hence the urgency of the need. Part of the expansion includes filing the low lands on the river side of the plant as well as the stabilization needed for the fill itself. Because the last comprehensive plan was done in 1978 for the 1980 upgrade, it would seem prudent to take more in depth look at population projection, I & I testing, and preliminary design needs. Previous design work by CH2M Hill needs to be re-evaluated but, at a minimum, the city is looking at another clarifier (on the filled area below the plant); a second, but smaller, digester; a large aeration basin (next to the existing road) and a crew/mechanic building. All of these items would be looked at under the comprehensive design plan. The Public Works Department appreciates the State of Alaska's interest regarding the wastewater treatment plant's future and would be glad to answer any questions or provide assistance in establishing long term goals. Please feel free to contact Keith Kornelis, Public Works Director, or Edward G. Allen, STP Foremen for further information. fly *+.Wean 'III► "2 CITY OF KENAI it &I CC41tldai 4 ( 11 210 FIDALGO AVE., SUITE 200 KENAI, ALASK�AZ99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 Kenai 1995 - 96 Capital Improvement Project Economic Development & Tourism Marine Industrial Development 10 The economic impact for the City of Kenai from the commercial and sport fishing that takes place out of the Kenai River is extremely high. There are approximately 560 drift gillnet fishermen and 740 set gillnet fishermen operating in the upper Cook Inlet salmon fishery. The Kenai River dip netting fishery has made the Kenai Boating Facility extremely popular and overcrowds the facility when in effect. The City of Kenai operates a small boating facility that consists of a 170 foot concrete dock, trestle, 3 unloading cranes, dock offices, storage buildings, water, sewer services, restrooms, showers, telephones, gas and diesel fuel, trash, lighting, parking, launch ramps, and floats. The City of Kenai wishes to improve and enlarge this boating facility into a full fledged "Marine Industrial Development.° The Alaska Sea Grant College Program did a study called "Central Kenai Peninsula Commercial Fishing Study" by D. Douglas Coughenower. This study outlined many of the services, products, and facilities that need to be added to expand upon, or upgraded. Capital projects include adding two additional launch ramps, extending the dock, dock to float ramp access, additional areas for marine equipment, boat repairs, gear supplies and hardware, boat storage and improvements to the fueling system. The Kenai Harbor Commission meets once a month and is actively involved in planning of this "Marine Industrial Development." For more detailed information, contact Keith Komelis, Public Works Director, or Jack La Shot, City Engineer. XEna.i Community 1.d zaz y A PUBLIC LIBRARY IN SERVICE SINCE 1949 163 MAIN STREET LOOP KENAI, ALASKA 99611 (907) 283-4378 Kenai 1995 - 96 Capital Improvement Project Economic Development & Tourism No. 2 Library Addition The proposed addition to the Kenai Community Library shall consist of a daylight basement and upper floor, totalling approximately 10,000 sq. ft. The upper level is to include the non-fiction book stack area and a study area. The lower level shall include a children's reading area, a large meeting room and public restrooms. The lower level meeting room shall be accessible from Fidalgo Street. An elevator shall be provided for handicap access to three levels, the existing floor and both new floor levels. In addition, the new construction work is to include modifying the existing main entry for better accessibility. The existing non -handicap accessible restrooms, near the present entry, are to be incorporated into the library staff area. Current borrower statistics show 6,026 registrants from the City of Kenai, 2,290 from Nikiski, 2,443 from Soldotna, and 1,059 from other areas on the Kenai Peninsula. The Kenai Community Library serves an average of 400 patrons daily, is open 63 hours per week, and has a weekly preschool program and summer programs for school -age children. For more detailed information, contact Keith Kornelis, Public Works Director, or Emily Deforest, Librarian. CITY OF KENAI it &I 00411*2iW 4 414,14a 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 Kenai 1995 - 96 Capital Improvement Project Economic Development & Tourism No. 3 ADA Compliance to Public Facilities The Americans with Disabilities Act accessibility guidelines for buildings and facilities, recreational facilities, and outdoor developed areas has created a tremendous financial burden on municipalities in their efforts to comply with these standards. Parks & Recreation Because of the geographic structure of the City of Kenai, we have eight park areas and all must meet the standards set. Six of these parks have restrooms that were built in the early 1970's. Because of the physical condition of the restrooms, they cannot be converted to meet ADA requirements, therefore, they must be replaced. The estimated cost of replacement is $200,000.00. The eight playground areas must provide approved wheelchair accessibility to the various structures within the area. The types of materials acceptable for these paths, and the installation requirements, make this a very costly project. The estimated cost for providing pathways, ramps, etc. is $150,000.00. Other Public Facilities Due to the enactment of the ADA, certain city buildings will require modifications to improve accessibility for people with disabilities. The improvements may include parking and entrance modifications, signage, and improvements to restrooms, drinking fountains, etc. Some modifications may be necessary to better accommodate individual employees with disabilities as those needs arise. Estimate of costs is $500,000.00. Streets and sidewalks are an area where the city will expend a good deal of money over the years to improve ramping at intersections for sidewalks and other sidewalk, parking, and curb work. Estimate of costs is $150,000.00. Please contact Keith Kornelis, Public Works Director, or Jack La Shot, City Engineer for further information. MEMORANDUM To: Kenai City Council ,V Through: Thomas J. Manninen, City Manager Through: Randy Ernst, Airport Manager From: Kenai Airport Commission Loretta Harvey, Administrative Assistant Plannin Date: March 10, 1995 Subject: PENINSULA CHAMBERS -TERMINAL LEASE For: City Council Meeting of March 15, 1995 *****.***..*****************.,.*,��.*#**.*t*.,►.**.*,.t.**,►*,►..**...tt*#*********tom*#*t.*#***.*****��## At their meeting of March 9th, the Airport Commission approved to recommend to Council that the glassed in area of the terminal (where the musk-ox is) be provided rent free to various Peninsula Chambers. The area will be utilized to offer generic visitor information throughout the 1995 visitor season. ltask,ds Kenai' Peninsut' Kenai Peninsula Tourisrn Marketing Council Randy Ernst, Airport Manager City of Kenai 210 Fidalgo Avenue, Suite 210 Kenai, Alaska 99611 March 7, 1994 Dear Mr. Ernst; Per our conversation today, I wanted to outline the intentions of the various organizations interested in utilizing the space in the lobby of the Kenai Airport. The Kenai Peninsula Tourism Marketing Council, Kenai Visitor & Convention Bureau, Soldotna Chamber of Commerce and other Chambers on the peninsula would like to offer generic visitor information in that space. Details would need to be outlined but the initial meeting determined it would be best to offer basic community profile information and where to get further assistance . This would avoid concerns from the private sector regarding competition. Again, further meetings will provide more detail but we would like approval from the airport commission and the city council to award the space rent-free to provide this valuable visitor service. I look forward to your reply so that we can move forward with this project. Sincerely, Celeste Fenger Interim Director 110,5outh `I11iffowStreet, Suite 106 9 Kenai, .51fask(I 99611 0 (907)283-3850 • te(e iix (907) 283-2838 MAR 15 195 04:15PM UCIDA 907 283 3306 UNITED COOK INLET Office: (907)283-3600 D RI T ASSOCIATION Fax: (907)283-3306 FAX TRANSMITTAL LETTER Date: 3 S Time: Number of Pages (Including Cover Letter):r T, I IF YOU DO NOT RECEIVE ALL PAGES, PLEASE CALL (907)283-3600 AS SOON AS POSSIBLE. To: 36 wa, A, /W-1 .� �Y` FEB—^MAR� A'15"9""5 , '04�16PM UC... " IDA 907 283 3306 �' FAX NO. 907 282 2898 P. 2 R 01 F'ES-29-95 TUE 13:02 V.01 ALASK&SOARD OPFLSMWO Teatttdva ASda poapnt In 8tstaaatad& FM*h Pistietiel and SupplNownNy Ift ma Weoteaas;t Imemadoml I= N=h 17 — A 1995 March 17 — Itt,199f 8,3� L Coavwsllm SeWoa oftbba Anehorape Poetian of Me Meeft 2. Ymrada don ofSoasdDdio+i>M wd Staff 3. BoaaadbdoatbwMim DUCIVAM 4. Sucupmu S. 0121 PtaWlo 3esdamw s 6. Aal 1wry CoaaaQdda 6e_ RoOcnai Reports: 7. baudDelllaescatxona A. It---- Area Persoaal Use UAS Crab loan & PtopoWs (#Sis—1N332) B. {ACR17ISvuthasst mumadd chap SAW M dedon ittue[AOU61 C. PortBdw/PonPtoMfufdohud s Wlath suWacrm Ime OUidwtX D. Deep wM laa>a,&osttmet aatab peat limit fatatw 8 Paddone for 1do=/uamer cab a&eriee is 9idorai aatm itmpo d #3151 C14"Ch 19 — A 19" R Cm1wo Last Sedica ccAmd o" Pot im ofma Meetdas 9. Intarodaotioraa ofDoped Mambsto and "I 10, Hoard Monamr Ethics Dhwjgs itaa 11. StaffRepom 12, 020 Pabua ToAittloay • 13. Advisory Committee & Rsd*W Rgmrb+ 14. Boatd Dalibrradow Del►bemdm A. Statewide $„fah Iaisuoa & Proposals (#M - #317) WOMPB. xsnai &,= av*" smut ieew C. (AM) Pribdot7slaod spots Sth ism D. (AM151 Cvmnxc+eial frdb CWT Ras every Progam hr eldnook aalmom L (AC 171 PROXY t AIq (mm pommel uee, adribmaw fidwieat) F. (A001 Span Daih CWt Rwovary Program for fa h, 1S. Pedtl0nS&=1u1i0n&0 dtwR,etww0ther 16. Adjourn 1, A USE OfS1MTP =U & the RoMIW will b - aVaWd" of the meWag. _^ JAN MAR _15 ,'55 UCIDA, 907, 293 3306 FAX N0, 8074656181 P.3 P. 02 JAN-13-95 FRI 10:38 FAX N0, 0 i P.01 RECEIVED JAN 13 1993 ATTN; Board of Fisheries Alaska Department of fish and Game BOARDS Board Support Snt on P.O. Box 25526 I Juneau, Alaska 99802-SS26 } We wish to formally submit these proposal& for the December 6.1994 weTk soulon meCd" of the Kenai River Sockeye Salmon Task Force. We believe that these prtiposws lira a responsible approach for mosdng the mission of the Task Force to provide for change to the present Kenai Riser Sockeye Salmon Mutagement Ylan We olier no excuse and dotcrmine no fault for the lack of consensus by the Task force membership on these proposals. • These specific proposals we submitted for your perusal, and we hope that the Board will find the rormat adequate for publication in the advertigal; process for the March (995 board of Fishery puhlie meeting If the Beard requests that our ptolmsals be projected in a dimFereat format, we will appreciate a notification as to hew we should proceed_ If there is d need and/or desire to expand certain subject areas, we will appreciate advice to the specific*. 11, Habitat: We have addressed our concerna for habitat and the resources in these proposals. We all ag me that the habitat must be an impoitant question as to the effect of any proposal. We have approaebed our proposals with the projected Intent, sad which we believe sh?ws some positive gain, for mitigating some habitat pressure, We have supported programs, projects and studies to protect both the habitat gnd the resources. We will support the Board and the Department in comprehensive progritbs which attempt to find solutions addmming all in -river harvest methods'to mitigate habitat pmuures. We will also support Ouch comprehensive programs addressing all harvest aspects lbr ag of Alaska's fishery resources. We will provide at least one Task Force member at the Board's Dillingham meeting to furnish information on. our proposals. _ I T"� I Ben E1111 A&W'C M &-V-04 sc, McDowell, Dale B ondurant JARMAR 15 ~ 95 ' 04� 16PM UCIDA" sW' 2e3 3306 JAN-13-85 FRI 10:37 FAX N0, 9074656181 FAX N0, 0 P.4 P. 03 P, 02 Page 1 SAAC 21.360 (axl) The purpose of this management plan is to realize a Biological Ficapement Goal (BUG) as daterutined by the Department, fbr the late run sockeye salmon into the Kenai River. (a)(2) tt will also provide for mansgetnent guidelines, to provide In -river allocations fbr all types of personal common use Weries' barvest goals, ; SAAC 21.360 (bxl) The Department shall manage the late run of Kerwi River sockeye salmon � to achieve a BECK of 360,000 to 640,000. This includes a Mir of'30,000 late run sockeye aalmo as counted through the Russian River weir, ,;vulw 04LU),n.01:r t f'&V &OVA (b)(2) The Department shall manage the Co diet Commercial gill net fishery to attain an Optional Escapement Goal (0130) of an in -river return of 800,000 to 1.100,000, sockeye salmon into the Kenai River after June 21, This is to provide for an adequate spawning escapement (BEG) and the opportunity for an adequate in -river for the personal common use fisheries. Foot The escapement projection of sockeye salmon Into the Kenai River is mainly determined by two major Factors; (A) The estimated run strength i, projected by different factors such.&I out migration of smolt numbers and early test fisheries. I : (S) Once there is a creditable estimate of expected return, the managerpent of the commercial harvest determine& the tllowable escapement into the Khasi River. 'i'hs present management plan directed that the Kano River late run sockeye would be managed primarily for commercial harvest. Thus the available in -river harvest allocation was entirely sudjegated to the commercial harvest m4nagement. This is fundamentally flawed Although it is realized that the mt}jor harvest will continue to be commercial; it is proposed that the following changes be augmented: I 1. 111.ln r 1AMS19l711r NA NU. liUf46�Oltil r. 114 .MAR 15 '95 04:17PM UCIDA 907 2e3 3306 P.5 3AN-13-86 FRI 10:37 FAX NO. 0 P.03 ) Page 2 i SAAC 21.360 (bx3) This tcquires that the Kenai River late run sockeye salmon must be managed to provide that the primary allocation steal l be reserved for the peoples pecaonal common use fisherles. Foot XQA There are two fartdamental reasons which necessitates that the personal cor=on use allocation be the primary management coal. - (A) The Alaska Constitution provides: "Wherever occerrin, in their natwalystata, fish, wildlife, and wasters are reserved to the people for common use." (B) The common use (i.a. personal use) will be harvested in -river. Therefore the management plan trust provide for the personal common use allocation in the proj6ded esoapemeM goal (i.e.. BEG plus the in river harvest allocation = 0901 The projeoted personal "common us`" can include combinations of three ade- commercial eve$ories or method of harvest; (1) Subsistence- aspect, fish wheel. eta (2) Personal use- dip net (3) Sport- hook and line All of thcse non-commercial personal oommon uses are equally sooessible to all p6sons (users) therefore ate recognized as 'common use". The personal use' dipnet and'spoif hook end line fisheries are the prinivy ittaiver method proposed in this now management plan. -wl } i•f, i ("Limited Entry" commercial harvest is restricted to a eat number of persons and therefore is not common use). ,MAR 15 4'95 � 04:17PM UCIDA 907 I283 3306 JAN-13-95 FRI 10:38 FAX N0, 9074866181 P.6 P.05 FAX NO. 0 P.04 Palo 3 The present KENAI RIVER SOCKEYE SALMON MANAGEAMNT PLAN provides: of No SAAC 21.360(C) (c) The department shall manage the recreational (hook and line) fishery on the Kenai River to ensure adoquau spawning eseapemont as follows: . (1) if the project Kenai giver sockeye salmon escapement is less thap 400,000 fish, the department shall close the recreational fishery for sockeye salmon 1 . (2) if the projected Kenai River soakeye salmon escapement is 400,A00 to 700,000 firh, the department shrill manage the rocreational fishery for sockeye mdmot for a guideline harvest of 10 poeeent or the projeued asoapennent; to achieve the guideline harvest lcwel the department shall establish periods, by emergency order, during which: (A) flshlug time is reduoed; , (B) bag or possession limits are two flsh; or ., (C) bag or possession limits are one fah. - (3) if the projected Kenai River sockeye salmon t:4oapemcnt is greatiq than 700,000 fish the departmont shall open a recreational fishery for sockeye salmon dtrirtg which the bag and possession limit is six flsh. ' •�� --a� a� The above oited provisions (C) (1) (2) & (3) of the present mormgemant plan arc valid proofthat the sport, hook and line personal common use, allocations were totally subjugated to the commercial, bWcst management goals, The planned allocation was intended to provide a range of only 40,000 to 70,000 tlsh. Since the commercial harvests are conducted to avoid topping the 700,000 escapement cap, that in turn also prevented the increased 6 fish pet' day bag lhn ti. This meager allocation is expected to provide for the heaviest look and line personal common use harvest effort in tha state. It is estimated that the Kenai River sport (hook and line) harvest of sockeye salmon is about 90% of the statewide harvest. (These restrictive management allocations will be modified as follows:) -RI 0 nilMAR 15 I' 95 04:18PM UCIDAM 907 283 3306 JAN-13-85 FRI 101138 hRX NU. 9UAB56181 P.7 P, 06 FAX N0, 0 P. 05 Page 4 SAAC 21.360 (G) The Cook Inlet commercial fisheries will have two regular est4blished 12 hour fishing periods a week one each, on Monday and Thursday, From JWy 1 thry August lS 1or ending sooner whenever three are two consecutive harvest days is which the oohq Patch ratio is equal to, or greater than, that of sockeye ralmon). , (1) If the projected escapement will exceed 900,000 fish, the heparnnent say determine oineryeney commercial flaking openings, but will not exceed openings longer thep 48 hours without at lost a 24 hour closure: (to ensure a diversity of stocks, throughout the Kcpai River system; WW other Cook inlet fisheries), I .' (2) If the projected escapement will exceed 1.100,000 fish, the Department may determine 00hUnuous emergency commercial fishing openings, except there must bast least a 24 hour closure on each Friday. (3) If the protected escapement is less than 500.00o fish, the Dep4rtraeat shall by EA restrict commercial fishing u follows; A(1) fishing time reduced (2) fishing areas restricted �r (4) If the projected escfiperaeet is less thus 400,000 fish, the Department S411 by 110 close bulb the commercial and in-rivor fisheries. (5) In fill cases, the DepaMmt shall by EO restrict commercial fishing, wien neoded to a . avoid interception harvest, to allow sufficient BEG and in -river harvest allocadoas ofthe Northern District mixed stock fisheries, 1 JHN1L 5 UI11IMAR 5 904'18PM CDA907283 3306 FAX NO, 9074658181 P.8 p, 07 JAN-13-95 FRI 10138 FAX NO. 0 P.06 Page 5 SAAC 21.360 (d) This plan will provide for the management of in-tver personal common use hmvosts Qonsisting of dip not and hook and line fisheries. (1) Personal Use Dip Net Fishery (A) Fishing periods: 24 hours per day- 7 days a week. (B) Bag titnits: Participants in this fishery must obtain a Personal use Qip net permit: Sowoaal limit of 23 sockeye salmon for the head of household, plus 10 additional sockeye for each family member (all incidentally caught salmon, except Icing salmon may be rctai nod and will become a pert of tha dip net bag limit), Any fish harvested undor the dip net permit w1ll be counted as part of and not in addition to any subsistme seasonal limits. (C) Scu= This fishery occur dutisg the period thtu July 1 to August 15 (or sooner whersever that an two consecutive harvest days in which the coho catch ratio is equal to, or grestor than, that of sockeye salmon). (D) Areas; The lower area open to dip net frshing from shore occur; ffom tho mouth o[Kenai River upriver to a marker placed below Cunningham Park. _ The lower area open to dip set fishing from boat occurs from the department marker one Iburth Mile nbovo the mouth of the Kenai River to the marker below Cunningham Paris. the upper river iuvaa. which are open to dip net ftahing prom anchored boats only, occur t'rom the Soldotna bridge upriver to the outlet of Skilak take. Tha department shall idontify the open dip net fishing areas,, with consideration of biological factori, tithing and cxisti%r fisheries. (The csdmated seasonal harvest for this dip nct fishery is 200,0001Iph.) Refer to FoQWtet oft Ze 6 JAN-MAR t15 1'95 A. Al UCIDAVA907 283 3306 FAX NO. 9074656181 P.9 p, 08 JAN-13-96 FRI 10139 FAX NO. 0 P. 07 i Page 6 Fggt Note Thcse personal use dip net ftaherles primary goal is to provide for the bro4dest access to the Kenai Rivcrlate run sockeye salmon- resulting in better opporamnitilcs to allow For personal coin mon LL40 harvests. It also Lu two additiottal very hnporhnt benefits: t • (1) By providing this more eliRcient personal use harvest method, when properly manage4 dip net fishing f'omlm it boar will remove some of the hook and line Wing pressure that •cf ects bank habitaL y (2) By more filly meeting the desired haaryest goals of the personal worm by dip not fishing in the Kenai River fishery; it will lrausfer more harvest away bom the cmi nercial fishing interception of the Cook Wei mixed stocks. (3) Statistics sines 1996 show that that is a direct correlation between thi, igher Cook Inlet commeroial sockeye salmon harvest and the lovwr escapement lovels for the Northern district Mixed stock salmonfAheriea. The interception of Cook Ittlet mixed stock reflects the effects of a manuge,nant policy driven primarily by the commercial harvest demand for major system stook (i.e. Kenai ltiver late run aekoye salmon). s' (4) This situation will only expand in time with the increasing commercial.harveat demand. The plmmu to erred the future ratio of two hatchery salmon return, for each one of native stock: will ittoreaso the pressurefor more mixed stock harvests. d ds will adversely effect tho run strongth and diversity of all systems races and species. , (5) The increased in -river Kenai River tertniml harvest, there by cutting interception commends( harvest of mixed stooks, will increase escapement of Northern district'stocks. This in turn will provide more oppartunity for expanded personal we harvest area, thcriby relieving some ovororowditmg in other Cook Inlet fishery systems. a ' wn*wr�na^.uw AN'MAR 15 '95 04-19PM UCIDA 907 283 3306 JAN-13-95 FRI 10:39 FAX NO. 9074858181 FAX NO. 0 P. 10 P, 09 P. 08 Page 7 SAAC 21.360 (d) continued (2) Nook and Line Fishory (A) Fishing Periods: 24 hours per day- 7 days per week. (B) Bag limits; 6 fish per day 12 fish in possession (The estimated sassonal 1 harvest for this hook and line is 200.000 fish). insthe hook and line soeWyc salmon fishery. the harvest success rate to efiott is very closely related to the availablo density of fish- The increase escapement allocationproviding a steady move denser in -river return will allow the opportunity for a higher harvest suoeou taco. Ifthe bay limit is 6 fish per day and 12 in possession and with a good density prsockcye salmon availably. there is a fair chance that indivlduale may harvest 12 fish in a two day trip, it is also possible that the 12 fish may satisfj many individuars total personal use harvest goal. Ir the bag limit is only 3 per day and in posseasion (as present) even with sufC%icnt density of fish, the individual, may need to make at least four trips to reach that same harvest goal of 12 flslt, The Upper Copper Kver, Upper Susitna River, Tanana River and Kenai Peninsula arc al l areas of high population and 1Uhing pressure by personal cotturon uset•S. All of theme are also tlu only areas that have the restrictive 3 fish per day and in posmsion, beg limit fbf sport (honk and litre) caught sockeyo salmon. Since the lower bug limits are not basod on conservkfion concems, this in fact and intent result in arbitrarily ailoeutive teatrict Ons of Individual common personal use harvests. " The othet areas of Alaska have 6 per day. 12 in possession bag limits for spot caught sockeye sermon. 11he Hook and Line (sport) state wide harvest of sockeye salmon from 1982 thru 1992 has averaged 267,100. During that same period the. Southcentral Hook and Lino harvest has averaged 258,000 or about 96.9s of tho statewide barvcst, The total Cook Inlet sockeye salmon harvest averaac approximately 5% of the total Alaska statewide sockeye uhron from harvott The noncommercial Cook Iniot soWC.ge salmon harvest averages approximately 3.3% of the total Cook Inlet sockeye salmon harvcrst. Thetoi'orc, the noncoinmercial Cook Inlet sockeye salmon harvest averages approximately .26J% or just a little over 1/4% or'the total statewide sockeye Salmon bervest. - 'The Soutluentral population accounts for approximately 60% of the total statewide population. This does not take in to consideration the high additional numbers of other potential state and non -state users of the Kenai River sockeye salmon fishery. The above harvest pereentagos are projected when the primary beg limit wag 3 Rah par day and in possession. If the bag limit is raised to 6 Dar day, the depanmeas has projected an incrca;ic of the present harvest by about 38,300 fish; or about an increase of 1/33% of the Statewide harvest. Somewhat asinine, but this is what the oommerrial fishing interms oppose? The increase hook and line harvest like all other iti-river terminal batveAt will have the added beneficial effects of lees lntemeption of mixed stock fisheries, by eonanwroial fishing. Better escapement of the Northern district stocks will alkrw for more opportunities for to -river terminal personal common use harvest This in turn spreads des In -river harvest p cilium ovor larger areas and lip; =s the prassure on all fisheries habitats. (Le. Kenai River Sockeye) JANTIAR I15 L'l95 04:19PM UCIDA 907 283 3306 JAN-13-95 FRI 10:40 NiX NU. a lUbbltii FAX N0, 0 P.11 r. tU P. 08 Page 8 FMAC,21:360(d) The department shall locate an emamgency weir in the Kensi River between the. outlet of fakLake and anew to beissstalled sonar coumerupstream tiom the Saldctnabode. The eration of the weir would be triggered whey The other harvest alternatives wouldnot omplish the projected harvest heeded to stay under the BEG cap. The pr(me purpose of the weir would be to attain a more positive control of the spcaltically selected Biological Escapement 0oal, while also cotuidering the predetermined Optional Ucapenncnt fioal. (3) The disposition of the weir harvest would have two components: a) Cost recovery would be used to fund the operation of the weir. Funds would be collected as a fee charged to the indlviduid personal user recipient of the weir herVOSL b) The harvosied fish would be made available to individuals with personal use permits. The number of fish made available, to tits individual would bo counud as a pert of and not in addition to the bag limit of the personal use dip net permits. (ie 2S fi'h'per head of household - plus 10 Rgh for each addlitomd family member.) c) The weir would be operated by either the Npartment or a non-profit orpWzation. Any procoeds, in oxcma of expenses, will be used for river habitat preteotiop and enhancement, and regulatlon enforcement, . The weir harvest would achieve a positive use of what some have, Implied 'are wasted ftah; theorizing &t such are 'over-esapernot"and are highly detrimental to MW.nluta sustuined yield of those valuable Kenai River sockeye salmon stocks. By maintaining it reasonable level of consistency of the selected BRG it would provide for a more level data base. The resulting analysis of the return run tlrengthsa would hove more credence than with the present highly fluctuating up and down cycle of escapoment numbers. This would allow for the top escapement level needed to furnish the most successful opportunity to harvest their personal use needs for the public's own dinner table. As with all in -river tenulnal harvest it will a6a remove sonic of the continual commorcial fishing interception off or tie mixed saltnon stocks of Cook inlet, By providing For the optimum terminal harvest of the sttoMat Cook Inlet atickga salmon stock; there are more comprehensive options to plan assuagement opportunities for reaching the optimum BEG and OEG for the lum Cook Inlet stocks Siinlfar Situation Justincation Recently, the Cook Inlet Re64oaal Planning Team has approved the Cook Inlet Aquaculture Associadoct'e request to install "cost rcoovery" weirs in the iluee Cook Inlet are streams to harvest sockeye salmon ` 1) Bear Creek (Fish Creek - Seward area), But no sport hook and line fishing is allowed in any stream In the Resurrection Bay drainage. 2) Kasiln f River (above Coal Creek) 3) Packers Creek (comment'. no proper means for coho esc amen. j . JHnMAR 15 L 95 04:20PM UCIDA1907 P283 3306 JAN-13-85 FRI 10:41 FAX Na 9074656181 FAX N0, 0 P. 12 P. 11 P.10 Pasa19 The proposed ohangcs to SAAC21:366 will provide for the following benefits; 1) It will provide better conditions and methods that will gtve additional consideration for the river habitat. Z) It will provide for more manigctnont opportunities to maifttain the SUS. Uned yield of all Cook Inlet fishery rewuroes. 3) It will provide for more opportunities to the public for their personal use of our common, property fishery resonroes. § 05.15.025 A1.nsKA STATUTES § 05.15.040 Sec. 05.15.025. Money deposited in general fund. (Repealed, § 28 ch 90 SLA 1991.1 KSec. 05.15.030. Required notices by applicant, permittee, or licensee. (a) At the time of filing an application for a permit or li- cense under this chapter, the applicant shall notify the city or borough nearest to the location of the proposed activity of the application. A local government unit may protest the conduct of the activity in its jurisdiction by resolution stating the reasons for the protest filed with the department; protests are limited to the lack of qualifications pre- scribed by this chapter. This resolution is only a recommendation by the local government that may be considered by the department in determining whether to issue or refuse to issue a permit or license. (b) In addition to the requirements of (a) of this section, an appli- cant for a permit to conduct an activity under AS 05.15.100(b) shall notify the law enforcement agency having jurisdiction over the loca- tion of the proposed activity. The department may not issue a permit for the proposed activity unless the application is accompanied by the written approval of the law enforcement agency having jurisdiction. (c) If a permittee or licensee changes the location of an activity in the jurisdiction for which a permit has been issued, the permittee shall notify the department and the local government within 10 days after moving to the new location. (§ 3 ch 27 SLA 1960; am § 2 ch 94 SLA 1980; am § 1 ch 59 SLA 1983; am §§ 3, 4 ch 99 SLA 1988; am E.O. No. 82 § 3 (1993)) Revisor's notes. — Reorganized in 1981. In 1988 the term "local govern- ment" was substituted for "city" in the last sentence of (a) of this section to cor- rect an oversight in the 1962 codification. Effect of amendments. — The 1993 amendment, effective July 1, 1993, substi- tuted "department" for "commissioner" in subsections (a) and (b). Sec. 05.15.040. Issuance, effect, and term of permit. After the fee is paid, a permit issued, and during the effective period of the permit, the municipality or qualified organization may conduct the activity specified in the permit. A municipality that has been issued a permit under this chapter may not conduct any activity authorized by the permit outside of the geographic boundaries of the municipality. If a permit is revoked, the permittee is not eligible for another permit until the expiration of one year from the date of revocation. A permit expires at the end of the period for which it is issued. A permit is not transferable. (§ 3 ch' 27 SLA 1960; am § 1 ch 27 SLA 1982) Opinions of attorney general. — Un- der AS 05.15.210 a permit may be issued which gives a qualified organization the privilege of conducting any of the desig- nated activities. AS 05.15.040 limits the activities that may be conducted to those 10 activities specified in the permit. Under AS 05.15.060 the commissioner has au- thority to further limit the number of ac- tivities which may be conducted pursuant to any permit. Therefore, absent any regu- lation to the contrary, a permit could be y.� (I c' 0 Ofi. I fi.1 OU ALASKA STATu,ms § 05.15.100 Section 140. Proof necessary to qualify for permit 145. Multiple -beneficiary permits 150. Limitation on use of proceeds 160. Authorized expenses 165. Operators 167, Operator's hond 170. Suspension or revocation of permit, license, or vendor registration Section 180. Limitations on authorized activity 181. Pull -tab manufacturer's license 183. Pull -tab distributor's license 184. Pull -tab tax 185. Distribution of pull -tab games 187. Operation of pull -tab games 1,98. Pull -tab sales by vendors on behalf of permil.tees; vendor registration Sec. 05.15.100. Issuance of permits and licenses. (a) The de- partment may issue a permit to a municipality or qualified organiza- tion. The permit gives the municipality or qualified organization the privilege of conducting bingo, raffles and lotteries, pull -tab games, ice classics, rain classics, goose classics, mercury classics, canned salmon classics, salmon classics, king salmon classics, dog mushers' contests, fish derbies, and contests of skill. (b) The department also may issue a permit giving a municipality or qualified organization the privilege of conducting an activity in- volving the use of playing cards, dice, and numbers wheels. Each year, a municipality or qualified organization may apply for a permit under this subsection for either a single event lasting no more than three consecutive days, or for no more than; three events lasting no more than one day each. (c) The department may issue an operator's license to a natural person to conduct an activity permitted under this chapter on behalf of a municipality or a qualified organization. The department may also issue an operator's license to a municipality or a qualified organiza- tion to conduct an activity on behalf of another municipality or quali- fied organization. (d) The department may issue a multiple -beneficiary permit to two to six municipalities or qualified organizations or to a combination of two to six municipalities and qualified organizations that apply jointly for the permit. The permit gives the permit holders the privi- lege of jointly conducting the activities specified in (a) and (b) of this section, subject to the restrictions set out in (b) of this section. (§ 1 a ch 27 SLA 1960; am § 1 ch 66 SLA 1976; am § 2 ch 27 SLA 1982; am § 2 ch 59 SLA 1983; am § 1 ch 93 SLA 1986; am § 2 ch 94 SLA 1986; am §§ 11, 12 ch 99 SLA 1988; am § 2 ch 24 SLA 1991; am § 6 ch 70 SLA 1993; am E.O. No. 82 § 7 (1993); am § 1 ch 16 SLA 1994) Cross references. - For limitations on issuance of a permit under (b) of this section, see AS 05.15.030(b). Effect of amendments. -- The 1991 amendment, effective .June i t. 1991, in subsection (a), inserted "king salmon clas- sics" in the second sentence. The first 1993 amendment, effective ,tune 26, 1993, added subsection (d). The second 1993 amendment, elTectivc July 1, 1993, substituted "department" for "commissioner" throughout the section. The 1994 amendment, effective April 30, 1994, inserted "canned salmon clas- sics," in the second sentence in subsection (a). Opinions of attorney general. — Charitable gaming permittees cannot combine their permits and aggregate their respective $200,000 prize limits (set 16 ION ea § 05.15.105 AMUSEMENTS AND SPORTS § 05.15.105 by 15 AAC 105.120), since the purpose of tively small scale activities, such as lot - this chapter is simply to permit individual teries, themselves. May 7, 1987, Op. Att'y permittee organizations to conduct rela- Gen. NOTES TO DECISIONS Computerized bingo games. — Com- missioner Inow departmentl properly de- nied an application for permission to oper- ate computerized bingo games after rea- sonably interpreting the statutes to au- thorize a game played with mechanical rather than electronic devices. Malone v. Collateral references. — 38 Am. Jur 2d, Gambling, §§ 10-19. Anchorage Amateur Radio Club, Inc., 781 P.2d 576 (Alaska 1989). Applied in Dilley v. Ketchikan Gate- way Borough, 855 P.2d 1335 (Alaska 1993). Quoted in State v. A.L.1.V.E. Volun- tary, 606 P.2d 769 (Alaska 1980). 38 C.J.S., Gaming, §§ 2, 50, 80-83; 54 C.J.S., Lotteries, §§ 8, 11-13. Sec. 05.15.105. Persons prohibited from involvement; excep- tions. (a) If a person has been convicted of a violation of a law of this state that is, or a law or ordinance of another jurisdiction that would be if it had been committed in this state, a felony, or a violation of a law or ordinance of this state or another jurisdiction that is a crime involving theft or dishonesty or a violation of gambling laws (1) the department may not issue a license to the person; (2) the department may not issue a license to, or register as a ven- dor, an applicant who employs the person in a managerial or supervi- sory capacity or uses the person as a fund raiser or consultant; (3) the department may not issue a permit for an activity if the person is responsible for the operation of the activity; (4) the person may not be employed in a managerial or supervisory capacity by a licensee or vendor or used as a fund raiser or consultant by a licensee or vendor; (5) the person may not participate in charitable gaming as a per- mittee, licensee, or vendor. (b) The department shall adopt regulations that provide that a dis- qualification of a person under (a) of this section based upon a convic- tion of that person for a violation (1) of a law of this state that is, or a law or ordinance of another jurisdiction that would be if it was committed in this state, a class B felony other than extortion, a class C felony, or an unclassified felony described outside of AS 11, and that is not a crime of dishonesty or theft or a violation of gambling laws, terminates 10 years after the person's conviction; (2) of a law or ordinance of this state or another jurisdiction that is a crime involving theft or dishonesty or a violation of gambling laws, and that is not, or would not be if it was committed in this state, an unclassified felony described in AS 11, a class A felony, or extortion, 17 § 05.15.122 § 05.15.124 AMUSEMENTS AND SPORTS § 05.15.130 o the department for times a year; or, if a municipality or qualified organization, has desig- itor with whom the nated a municipal employee or member of the organization who has to this chapter. The passed this test. ion. The department (c) (Repealed, § 37 ch 70 SLA 1993.1 e contract is disap- (d) (Repealed. § 37 ch 70 SLA 1993.1 (§ 14 ch 99 SLA 1988: am led in writing to the §§ 15, 37 ch 70 SLA 1993) . the contract before nts to an approved Effect of amendments. — Section 15, ch 70, effective June 26. 1993, repealed are approved by the ch. 70, SLA 1993, effective January 1, subsections (c) and (d). SLA 1991• am § 14 1995, added paragraph (b)(6), making re- Editor's notes. — Paragraph (b)(6) is lated grammatical changes. Section 37 of not effective until January 1, 1995. ed the former last sen- Sec. 05.15.124. Municipal regulation of operators or vendors. aired a permittee to sub- A municipality may by ordinance prohibit an operator or a vendor e contract. ndment, effective April from conducting activities under this chapter within the municipality. d "canned salmon clas- (§ 14 ch 99 SLA 1988; am § 16 ch 70 SLA 1993) .d sentence in subsection Effect of amendments. — The 1993 amendment, effective June 26, 1993, in- serted "or a vendor." )plicant shall be a .e for a permit. (§ 1 Sec. 05.15.128. Revocation of operator's license. (a) The de- partment shall revoke the license of an operator who does not (1) report an adjusted gross income of at least 15 percent of gross income annually based on the total operation of the operator; or (2) pay to each authorizing permittee annually at least 30 percent of the adjusted gross income, as determined under (1) of this subsec- tion, from a pull -tab activity or at least 10 percent of the adjusted )n, municipality, or gross income, as determined under (1) of this subsection, from a gam- ity subject to this ing activity other than pull -tabs, received from activities conducted on rganization unless behalf of the authorizing permittee. n has received an (b) A person, municipality, or qualified organization whose opera- tor's license has been revoked under this section may appeal the revo- 'ense to a natural cation if the person, municipality, or qualified organization submits to ,at and pays for a complete audit of the operator's financial records by the ment; department. The results of the audit are conclusive. (§ 14 ch 99 SLA 1988; am § 17 ch 70 SLA 1993) the applicant in a Effect of amendments. — The 1993 "for two consecutive quarters" in two ory to the depart- amendment, effective January 1, 1994. in places and rewrote paragraph W(2). subsection (a), substituted "annually" for iepartment in the operator operates Sec. 05.15.130. Department may impose additional require- ments. The department may supplement the definitions of qualified ted by the depart- organizations and activities by regulations adopted under this chapter itions adopted un- adding to the definitions additional requirements that the department lent at least four considers necessary for the best interests of the public or for the proper 21 § 05.15.140 ALASKA STATUTES § 05.15.145 administration of this chapter. (§ 1 d ch 27 SLA 1960; am E.O. No. 82 § 8 (1993)) Effect of amendments. -- The 1993 tuted "department" for "commissioner" in :amendment, effective July 1, 1993, substi- two places. Sec. 05.15.140. Proof necessary to qualify for permit. (a) The department may not issue or renew a permit except upon satisfactory proof that the applicant is a municipality or qualified organization, the activity may be permitted under this chapter, and the issuance of a permit is not detrimental to the best interests of the public. Upon request of the department, the applicant. shall prove conclusively each of these requirements before a permit may be issued or renewed. (b) In an application for a permit, a municipality or qualified orga- nization shall disclose the name and address of each person responsi- ble for the operation of the activity and whether any person named (1) has been convicted of a violation of a law of this state that is, or a law or ordinance of another state that would be if committed in this state, an unclassified felony described in AS 11, a Class A felony, extortion, or a violation of a law or ordinance of this state or another jurisdiction that is a crime involving theft or dishonesty or a violation of gambling laws; or (2) has a prohibited financial interest, as defined in regulations adopted by the department, in the operation of the activity. (c) /Repealed, § 37 ch 70 SLA 1993.1 (d) Application forms for permits must contain a notice that a false statement in the application is punishable by law. (§ 1 d ch 27 SLA 1960; am § 4 ch 27 SLA 1982; am § 3 ch 59 SLA 1983; am §§ 15, 16 ch 99 SLA 1988; am E.O. No. 74 § 3 (1989); am §§ 18, 37 ch 70 SLA 1993; am E.O. No. 82 § 9 (1993)) Effect of amendments. -- The first The second 1993 amendment, effective 1993 amendment, effective June 26, 1993, July 1, 1993, substituted "department" for rewrote paragraph (b)(1) and repealed "commissioner" throughout the section. subsection (c). Sec. 05.15.145. Multiple -beneficiary permits. (a) Two to six mu- nicipalities or qualified organizations, or a combination of two to six municipalities and qualified organizations, may jointly apply for a multiple -beneficiary permit under AS 05.15.100(d). The commissioner may not issue or renew a permit except upon satisfactory proof that each joint applicant is a municipality or qualified organization, the activity may be permitted under this chapter, and the issuance of a permit is not detrimental to the best interests of the public. Upon request of the commissioner, the joint applicants shall prove conclu- sively each of these requirements before a permit may be issued or renewed. § 05.15.150 AMUSEMENTS AND SPORTS § 05.15.150 (b) The provisions of' AS 05.15.140(b) — (d) apply to multiple -bene- ficiary permits and applications for them. (c) A municipality or qualified organization that is among the holders of a multiple -beneficiary permit may withdraw from the per- mit by giving written notice of intent to withdraw to the department and to the other holders of the permit. The effective date of the with- drawal is 30 days after the department receives written notice of in- tent. A municipality or qualified organization that withdraws from a multiple -beneficiary permit may apply for a permit under AS 05.15.100(a), but its share of the prizes awarded under the multiple - beneficiary permit and the prizes it awards under its own permit are subject to the maximums established in AS 05A5.180(g). (d) The holders of a multiple -beneficiary permit shall jointly file reports with the department that comply with the reporting require- ments imposed on operators under AS 05.15.083. (§ 19 ch 70 SLA 1993) Sec. 05.15.150. Limitation on use of proceeds. (a) The authority to conduct the activity authorized by this chapter is contingent upon the dedication of the net proceeds of the charitable gaming activity to the awarding of prizes to contestants or participants and to political, j educational, civic, public, charitable, patriotic, or religious uses in the state. "Political, educational, civic, public, charitable, patriotic, or re- ligious uses" means uses benefiting persons either by bringing them under the influence of education or religion or relieving them from disease, suffering, or constraint, or by assisting them in establishing themselves in life, or by providing for the promotion of the welfare and y well-being of the membership of the organization within their own community, or through aiding candidates firr public office or groups that support candidates for public office, or by erecting or maintaining public buildings or works, or lessening the burden on government, but does not include (1) the direct or indirect payment of any portion of the net proceeds of a bingo or pull -tab game to a lobbyist registered under AS 24.45; or (2) the erection, acquisition, improvement, maintenance, or repair of real, personal, or mixed property unless it is used exclusively for 1 one or more of the permitted uses. (b) The net proceeds derived from the activity must be. devoted within one year to one or more of the uses stated in (a) of this section. A municipality or qualified organization desiring to hold the net pro- ceeds for a period longer than one year must apply to the department for special permission and upon good cause shown the department may grant the request. (§ 1 e ch 27 SLA 1960; am § 2 ch 66 SLA 1976; am § 5 ch 27 SLA 1982; am § 20 ch 70 SLA 1993; am E.O. No. 82 § 10 (1993)) 22 � 23 MEMORANDUM TO: Mayor and Councilmembers FROM: Carol L. Freas, City Cl rk City of Kenai DATE: February 28, 199 RE: PERSONNEL ARBITRATION BOARD City of Kenai During your work session of September 21, 1994 and subsequent Council Meeting of November 2, 1994, you discussed the need to update the Personnel Arbitration Board membership. At those meetings, you removed Gene Burden and Richard Carignan from the membership as they had moved from the Kenai area. You requested letters be sent to the remaining membership and ask if those members were wanting to continue on the Board. I received telephone confirmation from Roger Meeks of his desire to continue. However, it was noted in your meeting of November 2, 1994, that this would not be possible due to his membership to the Townsite Historic Board and Council on Aging. I received a telephone call from Marj O'Reilly in which she stated she did not believe there would be a conflict with her membership to the Alaska Public Offices Commission. The remaining members did not notify me of their interest to continue on the Board. During your meeting of November 2, 1994, you requested I write to those persons suggested by employees and councilmembers and ask if they were interested in serving on the Board and if so, complete the enclosed application and return it to me. Letters were sent to Robert Seymour, Eileen Bryson, Richard A. Ross, Lloyd Johnson, Shirley Roberts and Walter Ward, Sr. Applications were received from Richard A. Ross and Robert Seymour. You confirmed Ross and Seymour to the Board at your meeting of December 7, 1994. Through conversations with Eileen Bryson and Shirley Roberts, I learned of their interest to serve. However, I have not received applications from either. KMC 23.35.032, which establishes the Arbitration Panel, states the panel will consist of twelve (12) members. At this time, the membership list consists of the following (the asterisks note those who have not notified me of their interest to continue): *Charles Bailie *Mike Baxter *Lori Holleman *James A. Krein *Ron Malston Marj O'Reilly Richard A. Ross Robert L. Seymour WHAT ARE YOUR SUGGESTIONS FOR A DIRECTION TO TAKE?vi KENAI CITY COUNCIL WORK SESSION SEPTEMBER 21, 1994 PAGE 4 error and that only six of the nine members had been notified. Williams noted there are additional applications on file for this board, however at this time all positions were filled. Dorothy Gray reported the Board has applied for a $20,000 federal grant. If they awarded the grant, they will be speaking with Council about it. Gray also reported the Board will be listing their goals and objectives at their next meeting. FREAS WAS REQUESTED TO SEND A LETTER TO THE FOURTH MEMBER ON THE LIST (JAHRIG) AND AS IF HE WANTS TO CONTINUE HIS MEMBERSHIP. Breeden questioned whether she was allowed to be a member of the Council on Aging, Beautification Committee and Personnel Arbitration Board at the same time. Breeden stated she would resign from one if there is a problem. It was noted the Code does not disallow such memberships and that the Personnel Arbitration Board has only met twice in thirty years. Library Commission: Monfor stated the Commission may be writing a letter requesting not to have a meeting in July. There were no changes to the Library Commission. It was noted the Commission has had very good attendance. Council discussed finding another student representative. DeForest stated she preferred having a student representative only if they were attended meetings and were involved in the meetings. Parks & Recreation Commission: Williams noted the Commission and some of the Commission members have been active for a long time. However, there have been difficulties with attendance to meetings, no quorums, and taking off for summer breaks. Williams noted the Commission will need to request the scheduling change in the future. Monfor noted the "lack of agenda items" was an interesting topic. Williams stated the agenda items should be generated from the Commission and staff. Monfor added sometimes people get so involved in their personal agendas they forget the reason why the commission exists. Monfor suggested the Mayor and Councilmembers need to send a letter to the chairpersons and relate why there are commissions, committees and boards. The letter should be forwarded to their commission, etc. members as well. Williams noted Commissioner Massie had missed approximately four meetings. Williams requested he be written and asked if he would like to continue on the Commission. FREAS WAS REQUESTED TO SEND LETTER AND COPIES OF CODE REGARDING THE SPECIFIC COMMISSION, COMMITTEE OR BOARD TO THE MEMBERS TO REMIND THEM WHY THEIR COMMISSION, COMMITTEE OR BOARD EXISTS. Personnel Arbitration Board: It was noted some of the members have moved out of the area and should be removed from the Board. Smalley submitted Richard Hultberg as a possible member. KENAI CITY COUNCIL WORK SESSION SEPTEMBER 21, 1994 PAGE 5 COUNCIL DIRECTED THAT DICK CARIGNAN AND GENE BURDEN BE REMOVED FROM THE BOARD. FREAS WAS REQUESTED TO SEND A LETTER TO MARJ O'REILLY AND ASK IF HER POSITION ON THE APOC WOULD BE IN CONFLICT; TO DR. BAILIE AND ASK IF HE WOULD LIKE TO CONTINUE SINCE HE SPENDS A GOOD BIT OF TIME OUT OF STATE; AND TO THE REMAINING MEMBERS AND ASK IF THEY WISH TO CONTINUE THEIR ASSOCIATION WITH THE BOARD. MEASLES REQUESTED THE CODE REFERRING TO THE BOARD BE REVIEWED AND AMENDED IN REGARD TO THE QUALIFICATIONS. Breeden asked if members of the Personnel Arbitration Board are legally protected in regard to judgments they may make. Attorney Graves stated the City indemnifies the Personnel Arbitration Board and that there should not be a possibility of real liability unless something outrageous takes place. Planning & Zoning: Williams noted the attendance of most members was good except for two members. It was noted Commission member Glick's job responsibilities kept him from some of the meetings. It was noted Commission Member McComsey may have job conflicts as well. FREAS WAS REQUESTED TO SEND A LETTER TO MEMBER MC COMSEY AND ASK IF SHE ISHED TO CONTINUE ON THE COMMISSION. Councilman Smalley added the commission, committee and board members are the "unsung heroes" of the City. There positions and decisions are not always popular. Smalley suggested a thank you be placed in the newspaper for their services. Freas suggested the ad be placed during Volunteer Week. Freas stated she would check to see when Volunteer Week happens. Toppa stated he enjoyed work on the Airport Commission. Toppa added it appeared at times, the Council did not listen to their suggestions and they found it to be frustrating. ITEM C: ADJOURNMENT The work session adjourned at approximately 7:05 p.m. Work session notes transcribed and submitted by: Carol L. Freas, City Clerk KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 2, 1994 PAGE 21 Beautification Committee: Clerk Freas noted she had, at direction of Council, sent a letter to Committee member Kim Booth as to whether she wanted to continue as a member to the Committee. Freas reported she received no reply. It was noted Booth was in the audience. Booth stated she was very much interested in continuing on. She was not able to attend meetings thus far due to work schedule conflicts. However, her work schedule would be changing after the first of the year and would be able to participate. Arbitration Panel: Council reviewed information included in Freas' memorandum regarding those persons contacted who now are listed as members to the panel. Freas reported Roger Meeks stated he would like to continue. However, it was noted because he is already a member of the Historic District Board he could not be a member of the Panel according to Code. Council noted Karen Mahurin would not be able to be appointed to the Panel due to her participation in the Historic District Board as well. Council reviewed the names submitted by employees and councilmembers to be considered for appointment to the Panel. Freas was directed to write to Robert Seymour, Eileen Bryson, Richard A. Ross, Lloyd Johnson (First National Bank), Shirley Roberts and Walter Ward, Sr. and ask if they were interested in such an appointment. Freas was asked to explain the history of the Panel and responsibility of participation, etc. ITEM E: MINUTES E-1. Regular Meeting of October 19, 1994. Approved by consent agenda. ITEM F: CORRESPONDENCE None. ITEM G: OLD BUSINESS G-1. Resolution No. 94-65 - Awarding a Contract to GeoEngineeers, Inc. for Environmental Services on the Lot 13 and Lot 14, CIIAP Site Assessment, 1994 Project for a Not -to -Exceed Amount of $27,580.00. KENAI CITY COUNCIL MEETING MINUTES DECEMBER 7, 1994 PAGE 35 What if the action causes an accident. Swarner also noted there are a lot of blind corners. Williams stated we will have to cope with the problem. Kornelis asked for direction in regard to sending the letter or not. Kornelis stated he sent a letter to the Townhouse apartments on Forest Drive and they had the snow pushed way back to make more room. Kornelis stated if there is an objection from council to send the letters, he won't send them. However, pushing snow into the streets does create problems. Williams stated if there is a blatant disregard of the law, then send a letter. Smalley agreed if there is a blatant disregard, a letter should be sent. Bannock asked why waste the postage costs if there is no follow-up to the situation if it continues. Smalley - a. Thanked the seniors for the dinner. Smalley added he left his poinsettia there and would like to donate it to the Center. b. Smalley reported he has a "Kenaiopoly" game for the City. Kenai's block is the courthouse and players get cards that tell them to go to court. C. Smalley reported he has received many calls thanking the city for the plowing of streets. Smalley added he passed this information on to some of the workers who were present earlier in the meeting as they don't always hear the thank-yous. Williams - Williams referred to applications for the Personnel Arbitration Panel for Richard Ross and Robert Seymour which were included in the packet. Williams requested council approval to appoint them to the panel. There were no objections. ITEM K: The meeting adjourned at approximately 10:40 p.m. Minutes transcribed and submitted by: Carol L. Freas, City Clerk KENAI MUNICIPAL AIRPORT 1995 MONTHLY ENPIANEMENT REPORT Month Era Alaska MerkAir Monthly Totals JAN 5,376 4,194 9,570 FEB 5,341 4,007 9,348 MAR 0 APR 0 MAY 0 JUN 0 JUL 0 AUG 0 SEP 0 OCT 0 NOV 0 DEC 0 Totals 10317 810201 18,918 MarkAir: 42.9% (4007) February 1995 9,348 Total February 1994 7,023 Total ® Era Alaska Ej MarkAir Era Alaska: 57.19 (5341) INFORMATION LIST Kenai city council Meeting of March 15, 1995 1. 2/21/95 FAA letter regarding Kenai Municipal Airport Annual Certification Inspection Close -Out. 2. 3/10/95 K. Howard memorandum regarding Take our Daughters to Work Day - April 27, 1995. 3. 3/10/95 R. Clark memorandum regarding Cunningham Park Marine Recreation Funding. 4. 3/95 Greater Kenai Chamber of Commerce, Chamber Chatter. 5. 3/8/95 KK letter to the U.S. Corps of Engineers regarding Kenai River Mooring Buoys. 6. 2/28/95 Kenai Alternative High School thank -you letter for the City's donation toward their 1995 graduation. 7. 3/9/95 Kenai River Special Management Area Advisory Board Meeting Minutes. 8. 3/1/95 Governor Knowles letter regarding his six -point legislative crime package. 9. State of Alaska, Department of Health & Social Services notice regarding Community -Based Health Promotion Grants. 10. 3/95 Alaska Municipal League, Legislative Bulletin. 11. 2/95 Resource Development Council, Inc., Resource Review. 12. 3/3/95 Governor Knowles letter regarding Administration's Budget Plan for Fiscal Year 1996. X� U.S. Department of Transportation Federal Aviation Administration February 21, 1995 Alaskan Region r 3E MVED 222 W. 7th Aven, Anchorage, Alask 99513-7587 Mr. Randy Ernst Airport Manager �'I�'�'IN' 4'�E?�r! Kenai Municipal Airport 210 Fidalgo Street, Suite 200 Kenai, Alaska 99611-7794 Dear Mr. Ernst: Kenai Municipal Airport Kenai, Alaska Annual Certification Inspection Close -Out The annual certification inspection of Kenai Municipal Airport was conducted on February 16-17, 1995. The inspection revealed that the airport is being operated in compliance with Federal Aviation Regulation Part 139, the Airport Certification Manual, and the Airport Operating Certificate. You are commended for the procedures that you are using in the day-to-day operation of the airport. The appearance of the airport indicates that they are effective. Thank you for your cooperation during the inspection and please do not hesitate to call if we may be of assistance. Sincerely, / C David G. Wahto, P.E. Airport Certification Inspector Safety and Standards Branch Airports Division CITY OF KE -� it G e : a__ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 - FAX 907-283-3014 1III'I MEMORANDUM To: All Employees �( From: Kim Howard, Administrative Assistant Through: Thomas J. Manninen, City Manager Date: March 10, 1995 RE: Take Our Daughters to Work Day - April 27 Please participate in Take Our Daughters to Work Day on April 27. This national campaign is geared toward girls 9 to 15 years old. Employees who don't have daughters are encouraged to bring a granddaughter, niece, neighbor, or young friend of the family. The Ms. Foundation for Women has set aside this special day to introduce girls to public workplaces to help ensure they remain confident throughout their teen years. Recent research on girls' development indicates that girls face particular risks at adolescence. Many girls, sure of themselves at seven or eight, lose self-confidence by the time they're 12 or 13. While most boys are influenced early on to plan for a lifetime of work and career development, most girls are not. We are planning a brief orientation at 7:45 a.m. in the Council Chambers. Muffins and juice will be provided. Councilwomen Monfor and Swarner have been invited to give brief welcoming speeches. There will be a no -host lunch at Pizza Hut at noon. Each girl will receive a certificate of participation, signed by the City Clerk. You might consider taking part for only half of the day if that would work out better for you. All employees are asked to wear a name tag throughout the day for the girls' convenience. Attached is one for your use. If you are interested in participating in Take Our Daughters to Work Day, please contact me at 283-7530. You will receive a packet of information provided by the Ms. Foundation. You also will receive an order form for gifts that can be purchased such as T-shirts, ball caps, buttons, and trading cards. A GIRL IS WATCHING. WHAT IS SHE LEARNING 2 C:\WPDOCS\WORK\DAUGNTER.MEM CITY OF KENAI • PUBLIC WORKS DEPT. 210 Fidalgo, Kenai, AK 99611 • (907) 283-7535 I --1 f 1,f'L U�/ ?A- DATE: SUBJECT: J FROM:-f�Ul/v L 00110 GREATER KENAI CHAMBER OF BULK RATE COMMERCE 1J. S. POSTAGP -` 402 Overland PAID — Kenai, Alaska 99611 PERMIT NO.12 KENAI, AK. 99611 KENAI, CITY OF 210 FIDALGO AVE., STE. #2o0 ' KENAI AK 99611 s; i 1995 BOARD OF DIRECTORS Biil uge Puge & Associates 283.3698 ," eannle Munn Peninsula Postal Center 283-3483 on Malston s . Malston's Inc. _ 283-4966 "A P jnda Chlverj , j[ey Bank of Alaska 283-7542 _ Bill Coghin Mikunda-Cottrelf 283-3484 Leroy $ei"� ;. Unocal Agricultural Products 776-8121 ar Necessary Tesoro -Alaska Petroleum Co. 776-8191 sx John Steinbeck {. Country Foods 283-4834 . ,a Jim Butler C. R. Baldwin, Attorney 283.7167 Kathy Scotf, ; K. Scott & Associates 283-5130 .Bill Stamps . Peak Oil Service Co. 283-2022 _Bill Thompson PTI Communications 262-1201 Lloyd Johnson 1st National Bank 283-3585 Susie Morris ; Peninsula Clarion 283-7551 Tom Manninen City of Kenai 283-7530 ' E_ Peggy Arness Congressional Offlce 283-5808 CHAMBER STAFF Laura Measles Executive Director 283-7989 Mailyn McCrosky Assistant 283-7989 x,r«�•r�:..3� 1995 OFFICERS MIII uge President arNecessary President -Elect Jim Butler Vice President ' Bill Coghill, Secretary -Treasurer Valerie Edmundson i Immediate Past President F 402'64erland Y" * (907) 283-7989 *Fax (907) 283-7183 Kenai, Alaska 99611 "PROGRAMS' WEDnSDAYS 12 NOON k , NAI MERIT INN NEIL BERGT, CEO MARKAIR WYLIE BARROWS GENERAL MANAGER UNOCAL OIL & GAS DEBBIE REINWAND EXECUTIVE DIR. ARCTIC POWER MANO FREY PRESIDENT AFL-CIO CINDY HEIL_ DEC HOLLY NORWOOD TESORO-ALASKA MARCH 1995 CONGRATULATIONS TO THE KENAI CHAMBER OF COMMERCE 1994 AWARD RECIPIENTS Another successful banquet was held at the Kenai Senior Center on Friday, January 27,1995. Many Individu- als took the "plunge" and allowed themselves to be hypnotized by the "Wizard of Comedy", Ken Whitener. A big thanks to VECO, Inc. & ERA Avia- tion for sponsoring his visit. The biggest highlight of the evening was again to honor those who in the past, and continue to do so, make Kenai the wonderful place It is to live. CONGRATULATIONS TO... FRED BRAUN - Log Cabin Award TESORO ALASKA - Organization of the Year Award DR. LYNN CARLSON - Community Service Award JIM & NEDRA EVENSON - Pioneer Award BILL KLUGE & JEANNIE N Presidents Award ** Programs may change** ONLY 15 MORE SHOPPING DAYS UNTIL THE DEALINE11 � 1 war c; i.. • • 1 Cg Guess when tale first Snow Goose: will at- •ive on the Kenai Flats ; \ A.. new win hidr or nii ticket snlesl ; 1'I1R/'11.\N!:(1111R'1Il'KF.IQ 1 1 ROA1 I lit. I(11.1.1M ING � 7ISk, rn {uxra .Nro,IJ,/a Kvlwl. 1 U.". KrnA Nink Inn. 0S 1.y � I t..la. Ilwy KFlr•Flnla.ma. Kr_1 �'hiFNa PINT (1Nnslphln 1 ~ Itnlrml. �oFFxnn t'Fronl.rr. ' IYnblwd, lh..bd 1?nlrr. RprklpNN � I INm,r, Ill,trr IMk LmIN,r. 1 Rninl.nr Ilnl. 1'rnimnln IFlcr�. 1 / SI•t1Nti11R1(11 RY..• Krnni 1'hgrllhr /Hrnr 1 _ M70M KI7+All'61AIRrR111501 NLA[Wq rn 11,1 an RI [•. Aoic IMlpr" hilly Ww% 1111131011111,11 1r1111 1 7711? KIiNAI CHAMBER OF COMMERCE IS.......... A private, non-profit organization. It is NbT a charity, a welfare agency, or a go.vernment agency. *A strong coalition of business firma, professional firms, and private citizens working together to ntake Kenai a better place to live. ` *A cleating house for plans and proposals affecting our future. r' ' *.A dozen action committees working hard to identify and meet commdnity, needs.;;. *A voice for economic diversity and prosperity. �. *A voluntary organization dedicated to setting and achieving goals whkh will - assure the Kenai area of reaching its full potential. =, VE.0PI,F_ People who realise that together, through the chamber, they tL� accomplish collectively what no one of theni tali do iudOidually. WHO PAYS FOR IT? nanced on a voluntary basis, the expenses of the Kenai chamber art ajopoi-- led anxmg its members. embership investments are deducilbie as a business expense. x - er supliort is not a donation, but an investment in economic growth, ity progress and business improvement. It's a basic cost of engaging 1fi and producing a profit. .V I RNAI PENINSULA F '_ UNITED WAY The Kenai Peninsula United Way Is a non-profit organization repre- senting 27 non-profit agencies in the Central Peninsula. Each fall thousands of volun- teers across our country pledge time to complete fund drives for their communi- ties, and our Kenai Peninsula United Way is no exception. A volunteer Board of Directors oversees the local United Way, Insuring that "% of every dollar pledged stays within the local area assisting the agencies providing the much needed services. The Kenai Peninsula United Way Is there to help cut through the maze of complicated services and connect people with needed services. Just some of the services provided by member agencies Include senior services, abuse programs, youth services and much more. The United Way "family" of agencies is a matter of pride and support for our entire community. The Kenai Peninsula United Way has just recently relocated their offices to the Benco Building,11355 Frontage Road, Suite 101. Their new telephone number Is 283-9500. The Board of Directors are very pleased to announce the appointment of Lynn Johnson to the position of Executive Director. Please feel tree to contact Lynn If you have any questions regarding the Kenai Peninsula United Way. COME TO THE WEDNESDAY LUNCHEONS AT THE KENAI MERIT INN 4U?ABEIt The Kenai (:hamper of Commerce Board of Jbir�ciors�e. `s formed three(3) iiew coninilttee.s this year. The Public Affairs Committee, chaired by Susie Morris, the Resource Development Committee, chaired by Bill Coghill & the Legislative/Public Affairs Committee, chaired by Leroy ' Ileinrich. All committees are estate- 1 lishhtg their goals & objectives for , 1995 td be presented to the Boarrl on March 3rd. 16addl'tional aciWa 118 past month, the Board passed Resolu- tion 95-01, opposing additional vessel escorts In Cook Inlet, and 95.62, . supporting the City of Kenat's loosiiiou on the KI'il Kenai River Overlay District. Congratulations to our - February Student of the Mwiih, TANYA REID, 4xi' sored iffy tKe Chamber. _ ' lit other trews, on February 3rd, Representative Navarre's iresolu- - tion to open the Arctic National . . Wildlife Refuge to oil development passed the Republican -led �miiseof Representatives.WRLCOMB 116NEW MEMIIER S................ A I-ENINSULA PETRULEU+• CLU i Jack Facose, ftesident Meld Plaza COPYWORKS s- Mike Mishou 405 overland,. 283-65omFAX i83-9tio1 r s SALAMA,TOF SEAM 00I)S flub Scott Box 1450- Kenai Sunday 4s 5 [March 1995 Monday Tuesday Wednesday CHAMBER LUNCHEON Kenai Chamber of Commerce KENAI MERIT, NOON 402 Overland Kenai, Alaska 99611 NEIL BERGT, CEO (907) 283-7989 MARKAIR (907) 283-7183 (Fax) 1 1.1 12 13 FIRST DAY OF ISPRINGI 19 M CHAMBER LUNCHEON KENAI MERIT, NOON WYLIE BARROWS GENERAL MANAGER UNOCAL OIL & GAS 7 CHAMBER LUNCHEON KENAI MERIT, NOON DEBBIE REINWAND EXECUTIVE DIRECTOR ARCTIC POWER 14 15 CHAMBER LUNCHEON KENAI MERIT, NOON NANO FREY, PRESIDENT AFL-CIO 21 22 CHAMBER LUNCHEON KENAI MERIT, NOON CINDY [If IL ' DEC HOLLY NORWOOD 2 8 TESORO-ALASK 2 9 Thursday Friday CHAMBER BOARD MEETING KENAI MERIT, NOON N 3 9 10 CHAMBER BOARD MEETING KENAI MERIT, NOON ST. PATRICK'S DAY 416 17 231 24 301 31 Saturday �I T.71 m1 Created with CalendarMaker"' by CE Software, 515-224-1995 CITY OF KENAI „ Od CaniW 4,4Z2& __ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 - - FAX 907-283-3014 1III�1 March 8, 1995 Victoria Taylor US Corps of Engineers PO Box 898 Anchorage, AK 99506-0898 Subject: Kenai River Mooring Buoys Dear Ms. Taylor: On October 7, 1994, 1 sent the attached letter to the US Corps of Engineers expressing the Kenai Harbor Commission's and the City of Kenai's concern over the placement of mooring buoys permitted by the Corps in the Kenai River. On January 12, 1995, 1 sent you a letter asking for a status report on the Corps of Engineers plans for handling the mooring buoys on the Kenai River. I know you are busy, but this is very important to the users of this river. The Kenai Harbor Commission asked if I would, again, contact you to see what the Corps is planning. Our local fishing season is rapidly approaching. We should get this mess straightened out in the off-season, before mooring buoys are being placed in the river. Please send me a written response that I can pass on to our Harbor Commission. Sincerely, 51�elor_L� Keith Kornelis Public Works Director KK/kw cc: Kenai Harbor Commission (4/10/95 Info.) i,Wyor Williams and City Council (3/15/95 Info.) Tom Manninen, City Manager CITY OF KENAI it Od eC41JvJi1Ad 4 4&44*4611 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7. TELEPHONE 907-283-7535 FAX 907-283-3014 trAnri ra.no oer January 12, 1995 Victoria Taylor US Corps of Engineers PO Box 898 Anchorage, AK 99506-0898 Subject: Kenai River Mooring Buoys Dear Ms. Taylor: I sent the attached letter to the Corps of Engineers on October 7, 1994 which expresses the Kenai Harbor Commission's concern about the mooring buoys on the Kenai River. I have not heard from anyone in response to this letter. Would you please give me a status report on the Corps of Engineers plans concerning how they are handling the mooring buoys on the Kenai River. Sincerely, Keith Kornelis Public Works Director KK/kw cc: Kenai Harbor Commission Harriet Wegner, KPB CITY OF KENAI G" eat 4 4&d4a 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611.7794 TELEPHONE 907-283-7535 FAX 907-283-3014 IIII�I October 7, 1994 U.S. Army Corps of Engineers PO Box 898 Anchorage, AK 99506-0898 Subject: Kenai River Moo-,-- Buoys The Kenai Harbor Commission has received some complaints about the locations of the mooring buoys in the Kenai River. One of the complainants stated that there was not enough channel left between the mooring buoys for barges or larger boats. At one time the Corps was considering reviewing all existing mooring buoy permits on the Kenai River. The result of the review would be cancelling many permits that have deceased permit holders and others that no longer have a need for a mooring buoy. The Corps was also considering relocating all of the mooring buoys to more orderly Positions around the river channel. I think the Corps may have done that for the Kasilof River. What is the status of the Corps review and relocation of the mooring buoy permits on the Kenai River? Sincerely, Keith Kornelis Public Works Director KK/kw cc: Kenai Harbor Commission Kenai Alternative High School 11247 Frontage Rd. Kenai, Ak 99611 February 28,95 Dear City of Kenai, l would like tc> thank the City of Kenai for their generous donation to the Seniors at the Kenai Alternative High School. Your helpfulness is greatly appreciated by the Graduating Class Of 1995. Hope to see you at our graduation on Wednesday May 1 7,1995 at 7p.m in our school gymnasium. incerely, ak;� - CA, Felicia Edwards Student Body President ,A4W KENAI RIVER Speciai Management Area16 `Working together... for the river" DIKWRO l OCaQD **MEETING AGENDA** Thursday, February 9, 1995, 7:00 pm Kenai Peninsula Borough Assembly Chambers I. CALL TO ORDER A. Roll Call B. Approval of January 12 minutes C. Agenda Changes and Approval II. PUBLIC COMMENT III. NEW BUSINESS A. Kenai River Guide Regulations/Stipulations B. Upper Kenai River Boating Access Project C. USFWS Project at Jim's Landing by Bill Kent D. The Pillars Project IV. OLD BUSINESS A. Quart-7 Creek Land/Mining Update B. Land Use Committee Update ',T. PUBLIC COMMENT VI. ADJOURNMENT A. Board Comments B. Date/Agenda of Next Meeting Kenai Area Office. Box 1247, Soldotna. AK 996M Soldotna 262-5581 ri� Kenai Peninsula Borough, Box 850, Soldotna, AK 99689. Soldotna 262.4441 � ` V Alaska Division of Parke and Out000r Recreation. Oepartmem of Natural Raeouicesin cooparatlon with the Kenai Peninsula Borougn. KENAI RIVER SPECIAL MANAGEMENT AREA ADVISORY BOARD FEB 1995 Thursday, February 9, 1995 Kenai Peninsula Borough Assembly Chambers Received 41Pof Kenai IC DePL I. CALL TO ORDER A. ROLL CALL Members Present: Dale Bondurant, Ken Lancaster, Pat Bower, Bill McDermid, Bill Kent, Duane Harp, Warren Hoflich, Kent Hueser. Members Absent: Jim Richardson, Dennis Randa, Ben Ellis, Peggy Mullen, Dave Athons, Claudette Knickerbocker, Jack LaShot. There is no quorum this evening but the meeting will be held. B. Approval Of January 12 Minutes. The minutes were approved as written. C. Agenda Changes And Approval. Due to weather, flights from Anchorage were delayed this evening. Jim Richardson will not be able to attend this evening and it was decided Warren Hoflich would chair the meeting. The agenda order was changed but no additions or deletions to the agenda were made. II. PUBLIC COMMENT. Dave Richards is present to discuss guide regulations/stipulations. III. NEW BUSINESS A. USFWS Project at Jim's Landing by Bill Kent. Bill Kent provides maps/diagrams representing the new changes that will occur at the Visitor Contact Center. There will be a redesign of the parking area and layout which will allow for more parking. It has been designed to have better visibility and sight distance both east and west when the public pulls out onto the Sterling Highway. There will be two new sets of toilets at this site which Bill points out will probably draw more stops from the public. There will also be a defined foot path from the Visitor Center to Jim's Landing with signs on the Sterling Highway warning motorists of pedestrian traffic. Bill then shows the Jim's Landing area and notes the changes to be made there. The road into Jim's will be widened and resurfaced. There will be a parking area for normal sized vehicles and an area for vehicles with boat trailers. The biggest change at Jim's Landing is that it will be strictly for day use only. No camping will be allowed. Questions were fielded by Bill from the board and some concerns were raised about the no camping. Bill mentions Commercial Operators were contacted and the majority agree to parking their commercial vehicles at the Visitor Center to allow the non commercial users the spaces at Jim's. KENAI RIVER SPECIAL MANAGEMENT AREA 2 ADVISORY BOARD - Thursday, February 9, 1995 B. Kenai River Guide RegulationWStipulations. Suzanne first goes over the fee increase that event into effect two years ago. Suzanne explains that the tee changes are in regulation. However each time a fee is increased we have to go through administrative act procedures and have public hearings on them and the board is always advised. Suzanne explains that the guides receive an annual spring letter which advises them of any changes in either fees or stipulations. Dave Richards steps in to say he knows the board dealt with the fee increase but he feels that when the fee increase was made it was to be in conjunction with restricting the number of guides. Since the guide restrictions did not occur Dave felt that the fees should not have been raised. At this point, Chris explains that before DPOR ever talked about guide limitations the board proposed in about November 1990 to raise the permit fees. That then went through a regulation process. The public review on this was in March of 1991 right in the middle of the big guide limitation issue which started in January 1991 but they were two different tracks going along at the same time period. The board at that time felt that the increase in itself would discourage the less than serious guide. As a result we did see an impact in the number of guides dropping in 1992 when the increase took effect. Chris explains that one of the reasons for the fee is that commercial operators are returning something to the public by their opportunity to operate a business in a State Park. Chris further explains that despite the amount of fees coming in, it does not cover the cost of our managing of the Kenai River. Another of Dave's concerns was discussed when Suzanne went over the issue of parking at Bing's Landing and Izaak Walton. Suzanne explained that for a number of years there was sort of a gentlemans' agreement with some of the guides to park either up by the cabin at Izaak Walton or in the case of Bing's Landing on the road to leave parking spots available for the public. That agreement worked real well for awhile but as interest focused to the middle river for king fishing, sockeye and more movement into the middle river, there was more demand by the guide body to use those areas. In 1992 DPOR put a stipulation into the permit that limits guides parking. Those stipulations do not need to go through public process. The Director can make those decisions. Dave requests from the board that they discuss changing Stipulation number 10 which restricts the guide body from parking at Bing's Landing or Izaak Walton to allow the guide body to park in those areas on a first come first serve basis. Dave's final concern was about Stipulation Number 5 of the Kenai River Guide Stipulations which reads "OUTBOARD MOTOR INSPECTION. All Kenai River Guides must permit the random inspection of their outboard motors by any Park Ranger or Peace Officer for the purpose of verifying the horsepower rating." Suzanne explains that motor searches would not be done without due cause. It is not designed to send a guide to the bank for a horsepower check. State Parks receives many complaints during the summer about boats either private or guided and with KENAI RIVER SPECIAL MANAGEMENT AREA 3 ADVISORY BOARD - Thursday, February 9, 1995 this stipulation the Rangers can now check at least the guide boats. Warren asks a question to Dave Richards, "Do the guide stipulations preclude your making a living as a guide in your normal guiding procedures?" Dave replies that it affects his ability to make a living because he states there are days when I am not allowed to fish on the Kenai and the hours are restricted to 6-6. There are times he states that he would like to stay another hour. Dave also states his main complaint is he feels he is being "singled out because I am a Kenai River Guide", being somewhat punished or discriminated. He goes on to say by basic premises everyone should be treated as equally as possible. He is asking for some consideration in these situations. Warren then asks Dave with regard to the horsepower stipulation that if his motor is legal, why would he object to a ranger checking the motor? Dave replies he feels he is being singled out because he is a guide and that this stipulation is put on him and not other people. Warren then tells Dave that everyone is subject to having their motor checked. Suzanne explains then that a member of the public would be treated the same way if running an illegal motor; the only difference being he would not lose his permit. However, as a guide you should be held to a higher level because your permit allows you to use this world class river to conduct your business and this is a service to the public. Chris at this point reminds Dave that one of the stipulations that guides are required to abide by is that they agree they will abide by all state, federal and local laws that pertain to their activity. It also requires that they abide by fishing regulations, park regulations including horsepower. When you agree to that you are also agreeing that you are going to have a horsepower of 35. In reality this stipulation was put in to remind guides that we expect them to abide by the law. The subject of signing stipulations under duress is addressed by Chris and she instructs Dave that it will no longer be permitted as he has signed his stipulations in past years this way. If the permit stipulations are not signed as is, there will be no permit issued. Kent Hueser explains that he feels there is a problem with the 35 horsepower law. Kent wants this board to take another look at the 35 hp law or to take a look at the amount of people in a boat or size limit of boats. Kent goes on to say due to the wake some of the larger boats make with a 35 horsepower motor, maybe there should be a restriction to the size of boats. Suzanne mentions there is a regulation proposed to limit the number of people per boat to six. Kent talks about another concern of his with regard to rental boat operators. He reminds the board that these operators should be held under the same rules as applies to Kenai River Guides. Pat Bower asks that at the next Habitat meeting guide regulations be reviewed. Pat asks Dave Richards if he is aware of the commercial liability laws in this state. Pat explains that she had the opportunity to talk to State Troopers about this and it was explained to her that under the commercial vehicle act Troopers have the right to pull KENAI RIVER SPECIAL MANAGE LENT AREA 4 ADVISORY BOARD - Thursday, February 9, 1995 over any commercial vehicle off the road and examine it without any search warrant. Pat reminds Dave he is providing a service in a commercial type boat which is not much different than a truck on a road. As there was no quorum met this evening, no decisions could be made by the board. Dave Richards was advised to submit his objections to the stipulations in writing to the Kenai River Special Management Area Advisory Board members for each to review and they will be ready to respond at the March meeting. Dave Richards agreed to this. C. Upper Kenai River Boating Access Project . Chris shows the board the Cooper Landing boat launch area on a concept design drawing. Also there is a "Draft Environmental Assessment" packet handed out explaining the Cooper Landing Boating Access and Scenic Turnout: Acquisition and Development produced by Susie McCarron of F&G. Chris directs the members to page 12 which shows the concept design. It shows that there will be a one lane 12 foot wide concrete boat launch, gravel parking for 22 vehicles, 10 with trailers, 12 vehicle only, three vaulted toilets, trash dumpster, scenic turnout paved parking area for 14 vehicles, boardwalks, three viewing platforms with interpretation, benches, a 20' x 24' host cabin and a water well. This will also eliminate the launching of boats on the north side of the bridge and this area will remain gated. This would be closed to bank angling. There will be no firepits or tables as this will be just a stop or launch area. No camping will be allowed. The scenic turnout area would be open year round. This project is being funded by ISTEA/DJ monies with Fish and Game purchasing the Ingram property. Chris encourages comments on this Draft Environmental Assessment. The Pillars Project is then discussed. A site plan design is provided for the board members and Chris goes over this as well with an enlarged copy. This project is located at Mile 12 on the Kenai River. This is being developed primarily for boating access. It will not be a campground or a day use area. There will be no picnic tables or fireplaces. Bank angling will also not be allowed. This site will also have a host cabin as the host will help with management, education, litter pick up, etc. There will be a double concrete boat ramp. On each side of the ramp will be floating finger docks that parallel the ramp. This will connect to a 100 foot long by 8 foot wide floating dock that stretches across the front. There will also be a handicap accessible rampway to the floating docks. I.V. OLD BUSINESS A. Quartz Creek Land,/Mining Update. Suzanne explains about the stream corridors in the Cooper Landing ILMA. There were 450 acres of land transferred recently which did not include these stream corridors. This transfer got complicated KENAI RIVER SPECIAL MANAGEhIE T AREA 5 ADVISORY BOARD - Thursday, February 9, 1995 real quick. To get an Administrative Transfer from the Division of Lands to another state Agency it cannot exceed 640 acres. The stream corridor in and of itself does exceed 640 acres just by figuring the footage and the lot block descriptions. The first thought was to split it up and ask for the most important stream corridors. For instance asking for the stream corridors that are most important to the salmon fisheries in the river and those low land habitats. Then it was told to DPOR that we could not do that since we had been given 450 acres already in the other ILMA which would leave only 200 more available acres. Normally when it exceeds 640 acres it would have to be transferred by the Legislature. Their solution to us would be to create what is called a "Special Area". This means that these stream corridors would not be transferred to State Parks but could be managed under Park regulation. Suzanne states that DOL is assisting DPOR in obtaining this land, but we have to follow the guidelines. Suzanne mentions she wants to be sure especially with the tributaries, that they are afforded the same protection they would as if they were legislatively added to the KRSMA. Once we take over some form of management of this Quartz Creek area it will be closed to mineral entry either by permit denial or by us. However the miners that are there presently would still have valid claims. The homes that are there are not legal and DPOR supports DOM in this. For the time being the Division of Mining is the agency dealing with this. Once we take some type of management along those corridors DPOR will be dealing with these claims in addition to the DOM just because we are neighbors. Suzanne points out how emotional this issue is. She reminds us that some miners are trying to focus our objection to the business of mining and that is not what the objection is. The objection is to the use of those corridors and the potential habitat destruction. We must focus on the corridors and not the mining. Duane Harp suggests that the Division of Mining deal directly with the miners. Pat Bower suggests this is an issue to be further discussed in the next Habitat meeting. At this point Chris discusses what she learned today in Anchorage. Chris reiterates about the 640 acre transferral rule. She then explains about designating this area as a "Special Use Area" by Division of Lands and then turn over the management of the "Special Use Area" to State Parks. This should work well for DPOR until we can get a legislative designation in time for those creek corridors. It would also allows us to add the creek corridors but also lands along Kenai Lake and Kenai River that were not added in the transfer that was conducted in December. Chris states that one of our caveats is to make sure Division of Mining is right there by our side to help us with the litigation that is due to come not only with managing the existing Mining claims and the trespass situations but also to manage the annual placer mining activity that we will be seeing with the existing mining claims. We will also pursue mineral closing order under 640 acres which can be done by the Commissioner. We would like to identify the priority creeks and corridors that are most at risk for further mining claim activity by closing those creeks and then pursue legislative KENAI RIVER SPECIAL MANAGENIENT AREA 6 ADVISORY BOARD - Thursday, February 9, 1995 action to close this entire Special Use Area to mineral entry. This is an issue this Board will need to help on as there will be some politics involved as we close creeks. Chris will keep the board updated as this issue evolves. B. Land Use Committee Update. Suzanne reports that she and Chris attended the latest Land Use meeting on Monday February 6. There has been a major down sizing of the Overlay District. It now is 150 foot with no mention of the flood plain, and the bank area or protection area along the river has been downsized to 50 feet. Habitat Division and DPOR are very concerned about the downsizing of that first corridor along the river and the excising of the floodplain. We have been pursuing redoing and updating of the flood plain mapping so that it would be something usable for this process. Duane asks Gay Muhlberg if 50 feet will provide enough protection. Gav states that F&G are very disappointed. Gay replies 'If it comes down to the question, does 50 feet provide, we have nothing now so 50 feet is better than nothing". She adds that F&G Habitat are very disappointed in the downsizing and would like what DPOR wants which is much more of a corridor than 50 feet for the river. V. PUBLIC COM1FIENIT. Dick Bower, reminds the board that the Board of Fish will be considering proposals that relate to the Kenai River and would urge the KRSMA Board to make comments either by attending the meeting or written to Board Of Fish. He also mentions that one year from January the Board of Fish will be acting upon a revised and possibly quite a different Cook Inlet Management Plan, some sort of comprehensive plan for Cook Inlet that considers all of the other management plans. A. Board Comments. Dale: Thinks we need to get on board about the Land Use Zoning Proposals. He reminds the board of the big important meeting on the 21st when the Assembly will take their vote on it. Kent: Asks staff to look at budget for a plan to improve Ciechanski State Recreation Site for some type of boardwalk, boat parking area there. It is on of the busiest spots on the river. Is it possible to get F&G to move their test site upriver? Pat: Pat has questions about whether State Parks has knowledge or desire to set reservations on the water rights within the KRSMA. Suzanne replies that Christopher Estes of F&G is in the process of doing this. Pat asks for the Habitat committee to set up a meeting and Suzanne will contact the members next week. KENAI RIVER SPECIAL MANAGEMENT AREA ADVISORY BOARD - Thursday, February 9, 1995 7 Duane: Reminder for the open house forum meeting in Cooper Landing about the Upper Kenai River to allow the public to interact with DPOR, USFWS, and KNWR about the proposed coordinated process on Saturday February 11. Duane is curious about the effects of the Susitna River closure and what impacts that might have on the Kenai River. B. Date/Agenda of Next Meeting. Next meeting will be on March 9, 1995 at 7:00 pm at the Kenai Peninsula Borough. Agenda topics will include: -The Board Of Fish committees' report. -Sockeye Salmon Task Force report. -Recommendations from Habitat committee. -Impacts on the Kenai River from Susitna River closure. f 1 � 5111Q,1E .I /NC�6R1 _ , 1 \ w.lec r � - j, •1 1 T 0� g° 1„'L • I -,owe 4•1e I�lr'A�1fll�ll�t o. PRIN • � \ o DB: l 1 oft.c� 6 1,61 aT 11K11E • f- 11 fK raVX �' GAF I r 7/1 �o vo�l e, N�a L IV / �rR.44i i i / ��Qoa �� �;` — ��r►: - Ff f �E _ rAr 4 SGcr•1 \ 1 S1s'iiL[p�� E —6•FtN s��� XIEEr \ \ ...•.� .-, o►1- \\ \ \�,•1� �•, ! v RRf IF L,E jA T1AA PNH A"E SS Ilk E \ � -No •cc E sf "ice � 1 1 Il ; IK•..t Pp11P 1 F trYa I �L T tx,-•� � �' o ,�, 1'' L,(2oScGTIUJ �3 �K ICeRTIFIED V.1�TL.d,0DS =. quaS I°I 111E Pl�lnl:s i F V ♦1-lost PArt Irl(T rLile fLJRFbSk; TO GC1TS112LUCT AO o ao la• I Acce�-G RCO-D i f"xtw. A2FA Su„'le t�,,,l.,c Y � 1- \ I \ witH w� s,-�t�, i ewe.-►� �r J \ FQ.clu n es. ->o c>�srn-�T e oecx \ � B�1 1zt�J�{P, !� tt-�1=kodE F1s4�rJCa MVY(R� Wltl� !PARTMENT OF NATURAL RESOURCTHE PILLARS5I P��,tJION Or PARK$ AWD OUTDOOR RECREATION STATE Or ALASKA KE► M mvV x- .5mc4Al- MA tjAe4;; ►J-1 ARF14 2 -`jZ010-r KEf�1AI R1\)EZ - � ~nos ur R rn TONY KxoNsT,Es GOVERNOR Honorable John Williams Mayor of Kenai 210 Fidalgo Avenue. Suite 200 Kenai, AK 99611 Dear Mayor Williams: P O. Box _ _neau. Alas, �.raf 907) 4c Fax (907) -ou- STATE OF ALASKA OFFICE OF THE GOVERNOR JU\EAU '.March 1, 1995 As mayor, you know all too well the negative effect that crime can have on our citizens and communities. I wanted to inform you of my six -point legislative package designed to crack down on crimes that prevent Alaskans from being safe in their own homes, on the streets, and in their schools. I have enclosed a press release detailing the elements in my crime package. I believe these bills will crack down on the crime problems that directly affect Alaska families. Successfully fighting crime means making smarter use of our limited resources. With this package, we'll reduce drunk driving, combat increased gang violence. make parents more accountable for the criminal acts of their children and force prisoners to focus on rehabilitation instead of recreational lawsuits. I believe my crime package will make the State of Alaska and the streets of v_ our community a safer and better place to live. Thank you for your interest. Sincerely, To47cowles Governor Enclosure State of Alaska Office of the Governor TONY KNOWLES Governor P.O. Box 110001 Juneau, Alaska 99811-0001 NEWS RELEASE Bob King Press Secretary 907-465-3500 FAX: 907-465-3533 FOR IMMEDIATE RELEASE: February 26, 1995 95-46 GOVERNOR UNVEILS SIX -POINT CRIME PACKAGE ANCHORAGE --Gov. Tony Knowles today announced a six -point legislative package designed to crack down on crimes that prevent Alaskans from being safe in their homes, on the streets and in their schools. The bills, to be introduced in the Legislature Monday, combat the growing trend of youth violence, the dangerously high rate of drunk driving and frivolous lawsuits by prisoners that jam up Alaska's courts. "These bills will crack down on the crime problems that directly affect Alaska families," Knowles said. "Successfully fighting crime means making smarter use of our limited resources. With this package, we'll reduce drunk driving, combat increased gang violence, make parents more accountable for the criminal acts of their children and force prisoners to focus on rehabilitation instead of recreational lawsuits." The governor announced his crime package at Anchorage's McLaughlin Youth Center, a treatment and detention center for juveniles aged 13-18. The governor selected the center to focus on the growing incidence of youth violence, especially in Anchorage. The governor's crime package includes the following legislation: * Crack down on gangs. Street gangs are becoming commonplace in Alaska's urban centers, responsible for drive -by shootings and random brutal violence. The bill cracks down on gangs in several ways, by trying to prevent people from joining gangs and by imposing more severe penalties for crimes committed by gangs. Threatening to use force to induce someone to commit a crime on behalf of a gang would become a felony and an adult trying to recruit a minor into participating in gang activities would become a crime. The bill creates a civil cause of action for victims of gang violence and allows parents to be held responsible for a minor child participating in gang activities. Participating in gang crimes also could be cause for more severe penalties. Finally, the bill prevents those convicted of gang crimes from carrying a concealed handgun. -MORE- Crime Package 2-2-2-2 2/26/95 *Greater parental accountability. This measure is designed to make the juvenile justice system more effective by increasing parental involvement and responsibility. Currently, juvenile courts lack the authority to compel parents to be involved in the treatment of their children, even in cases of delinquent acts. The bill authorizes courts to require that parents of juvenile offenders personally participate in treatment of their children, attend hearings concerning their children and be responsible for restitution for harm caused by their children. The bill also makes it easier for the victim of a crime caused by a juvenile to seek restitution, even after that juvenile becomes an adult. * Juveniles and guns. This measure combats the possession and use of firearms by juveniles, which has increased dramatically in recent years. The number of juveniles charged with misconduct involving weapons jumped from 76 in 1993 to more than 100 last year. At the same time, the number of students caught with guns at Anchorage schools is rising, from 12 during the 1992-93 year, to 27 last year. This bill puts at risk something highly valued by most teens, driving privileges. It imposes a "use it and lose it" penalty for teens caught illegally possessing firearms. For a first offense, teens lose driving privileges for 90 days; after that for up to one year. The bill also adopts a provision required by the Federal Gun -Free Schools Act to require districts to expel for one year a student who brings a gun to school. * Halt juvenile drinking and driving. One of the highest risk groups of drunk drivers is under -age drivers, who make Alaska's roads unsafe. This bill establishes a "zero tolerance level" for minors who consume alcohol and then operate a motor vehicle, aircraft or watercraft. It creates three new criminal violations: minor operating a vehicle after consuming alcohol, a minor's refusal to submit to a chemical test and driving within 24 hours after being cited for minor operating a vehicle after consuming alcohol. Minors convicted of these crimes would be subject to the "use it and lose it" statutes for their drivers' licenses. * Crack down on drunk driving. This bill is intended to crack down on drunk drivers who come to Alaska from other states and continue their risky behavior on Alaska roads. Currently, courts have held that someone with a prior DWI conviction is not subject to Alaska's severe mandatory minimum sentence for second offenses. This measure would correct that loophole so that someone convicted of drunk driving in other states would pay the higher price for another offense in Alaska. Mandatory minimum sentences for second, third and subsequent drunk driving offenses in Alaska require more jail time, higher fines and longer revocations of driving privileges. * Fight frivolous litigation by inmates. Now, Alaska's courts are jammed with frivolous litigation filed by inmates who should focus more on their rehabilitation than on endless recreational lawsuits. The vast majority of these cases are resolved against the inmates, but they use up considerable state resources to fight. This bill takes several steps to curtail this frivolous litigation by promoting the finality of convictions, preserving the sanctity of jury verdicts, minimizing the litigation of stale claims and preventing the unjustified dismissal of a criminal case when reprosecution is not possible. -30- STATE OF -.,.kLASKA Department of Health & Social Services Division of Public Health Section of Community Health Services N ecl-, TONY KNOWLES, GG P.O. Box Juneau, Alaska 99811-0614 hone: (907) 465.3140 ri�7 + ► '. ' fax: t9071 465-2770 ivy5 ^' w ` Y ' b` FY 96 RFP ANNOUNCEMENT FOR CONEVIUNITY HEALTH PROMOTION The Division of Public Health, Section of Community Health Services is currently advertising FY96 multi -year Requests For Proposals (RFP) for community health planning grants. The application deadline is April 15, 1995. Community -based health planning grant will be awarded to plan, conduct, and evaluate health promotion and disease prevention programs. The Division of Public Health especially encourages use of Planned Approach To Community Health (PATCH) methodology for conducting community -based health planning projects. Potential grantees may select to use a community -based health planning methodology other than PATCH if the methodology is intended to accomplish similar health risk reduction outcomes and that the potential grantee has expertise necessary to use the selected health planning methodology. The PATCH process helps a community establish a health promotion team, collect and use local data, set health priorities, design interventions, and evaluate their effect. Adaptable to a variety of situations, the PATCH planning process can be used when a community wants to identify and address priority health problems or when the health priority or special population to be addressed has already been selected. It can also be adapted and used by existing organizational and planning structures in the community. Community -based health planning efforts using the PATCH model are currently being implemented in sixteen communities: Akhiok, Akiachak, Craig, Fairbanks, Hydaburg, Juneau, Kake, Ketchikan, Klawock, Kwigillingok, Napaskiak, Old Harbor, Sitka, Tuntutliak, Wrangle. Up to $25,000 will be available for each of the two years for a total of up to $50,000. The Division of Public Health will conduct a three-day PATCH training workshop in September for selected grantees choosing to use the PATCH model. Potential grantees who apply for this grant and are interested in using PATCH must commit to participation in the PATCH training workshop. A teleconference will be conducted on 1ltarclIV1995 for the purpose of discussing of this RFP and to introduce the PATCH community -based health l2lanning model. For more information, please call Glen Ray, at 465-3140 or write to the above address. OFFICERS Chairman Martin B. Foil, Jr. Mt. Pleasant. NC V ce Chairman James S. Brady Arlington. VA President and CEO Georte A. Zitnay. Ph.D. Washington. DC Clerk Gail Carnsher Alexandria. VA Treasurer Gene S. Sachs Washington. DC Assistant Treasurer Arthur L. Thompson, C.F.A. New York. NY DIRECTORS Bobby Allison Sharon Barefoot Jim Beatty C. Michaei Bee. Esq. Paul Berry Beau Bndges Maureen Campbell-Korves Patsy Cannon Donald Danforth. Jr. Craig Deamead. Esq. William Disher Simon H. Forgette, J.D. Elizabeth Forro William R. Fox `lclante B. Gall Barbara Geiger -Parker John A. Jane. M.D.. Ph.D. Arthur 1. Kobrine. M.D.. Ph.D. Louis A. Papastrat Saily Jessy Raphael Carolyn Rocehio Peter R. Seaver Charles N. Simkins. Esq. James Spall, Esq. Lynne Spanbock Richard M. Timms. M.D. Robert Voogt. Ph.D. H.A. -Humpy" Wheeler Nathan D. Zasler. M.D. NATIONAL COUNCIL Chairman J. David Seaton %'icc Chairman James P. Kelly, N.D. Secrennv Karen Homewood Liz Allison Charlie Romney Brown Lou Davidson Theresa Krankowski Vickie Pennington. MA John Stafford J. Sherrod Taylor. Esq. National Head Injury Foundation, Inc. )I I Historic Day in January for TBI 1776 Massachusetts Avenue, N.W. Suite 100 Washington, DC 20036-1904 (202) 296-6443 - Fax: (202) 296-6, With the start of the new Congress, history was made on January 4, 1995. Not just because Republicans were in control of Congress for the first time in 40 years. History was made because identical versions of the Traumatic Brain Injury Act were simultaneously introduced in both the House and the Senate. In the past, there have been two different versions in the House and the Senate, requiring time spent to work out a compromise between the two bills. With identical bills in each chamber, we have a head start this session. On the House side, H.R. 248 was introduced by Rep. Jim Greenwood (R) of Pennsylvania. Rep. Greenwood was joined by Rep. Frank Pallone, Jr., (D) of New Jersey as an original co-sponsor. In the Senate, Sen. Orrin Hatch (R) of Utah was the lead sponsor, with Sen. Ted Kennedy (D) as co-sponsor. The version of the bill now in Congress is the same version that eventually worked its way through the House and the Senate last year, but which unfortunately died in the last hours of the 103rd Congress due to unrelated amendments attached to it. As it now stands, the TBI Act has four sections. The first provision gives the Centers for Disease Control and Prevention the authority to award grants aimed at preventing TBI. The second section authorizes the National Institutes of Health to give grants to promote research regarding treatment of TBI, including diagnosis, post -injury monitoring, therapies, and continuum of care. The third section of the TBI Act provides funds to some states to develop a State Advisory Board, which will make recommendations to the state on ways to improve services coordination. The final section of the bill fiuids a national consensus conference designed to bring together medical professionals from all over the nation to discuss managing TBI and related rehabilitation concerns. The National Head Injury Foundation is undertaking a massive effort to achieve passage of the TBI Act by the Summer of 1995. All 535 Members of Congress will receive packets about TBI and letters urging them to support the TBI Act. A legislative day will be scheduled during the Annual Meeting in Washington to discuss legislative issues and get people out into the halls of Congress and talking to their legislators. However, the most important action will come from you today. Take a few moments after reading this article to make three quick phone calls to your Representative and Senators. Ask them to co-sponsor H.R. 248 and S. 96, the Traumatic Brain Injury Act. Let them know that this bill, which will provide treatment, medical, research and prevention initiatives concerning TBI, is an important step in increasing the visibility of an issue of great importance to you: TBI. Simply call (202) 224-3121 and ask for your Representative and then your ri,.'o Senators. If you don't know their names, give the operator your zip code and he or she will connect you to the appropriate office. As we saw in the recent election, the voting public can make sweeping changes in government. Members of Congress are now more than ever going to listen to what their constituents have to say. Now is your chance to make an impact on an important issue. Make the call today. For more information, contact Stuart Campbell, Paul Spanbock Fellow for Public Policy, at the National Head Injury Foundation. Seri ink People with Traulnatit: Brain Iniury • Promoting Prevention Bulletin #19-3 Unfunded Mandates B Alaska Municipal League Introduced and the Alaska Conference of Mayors invite you to participate in: "The Year of Change" Annual Municipal Legislative Conference March 27-29 in Juneau Make plans to- day to attend the annual legislative conference. We need everyone's help to convince the legislature that we are serious about protecting our municipalities. The Conference will begin at 1:00 p.m. on Monday, March 27. Highlights of the three-day confer- ence include a session on legislative process and lobbying techniques by Clive Thomas, University of Alaska professor, presentations by state of- ficials, and visits to legislators to en- courage their elimination of un- funded state mandates on munici- palities, support for the AMBS pro- gram, and other AML priority leg- islation. The cost for the conference is only S50. Special hotel rates have been offered by the Baranof and Westmark Juneau. Please see ten- tative agenda on page 7 and return the registration form as soon as pos- sible. n�uPAUIJICIPAL m��ASAA LEFGUF __4 - / l M,qR 7995 ��1 r CicRK b�Ez zz� Senator Tim Kelly has introduced SB 96, which would prohibit the state from mandating that municipalities pro- vide a service without providing the March 3, 1995 1�0 UNF E AMA ATE money to pay for that service. Members of the Alaska Municipal League unanimously passed a resolution at their annual meeting in November (Reso- lution 95-2) urging passage of legislation requiring the state to reimburse munici- palities for the cost of any new state -mandated program. SB 96 will have its first hearing on March 8 in the Senate Community and Regional Affairs Committee at 1:30 p.m. Anyone interested in testitfying on the bill is urged to call Chairman Senator Torgerson at 465-2828. Now is the Time To Support the Alaska Municipal Basic Services Program 1f you drop a frog into a pan of boiling water, it will jump out. However, if you place a frog into a pan of cool water and slowly turn up the heat, the frog will cook before it realizes anything is wrong. This story describes how the state has been able to cut Municipal Assistance and Revenue Sharing over 55% in 9 years. Just think about life in your community and how it has changed over the past nine years. How many lives could have been saved if a police officer had been on duty, or if the roads had been better main- tained, or if health services had been improved, or if the only youth counseling center hadn't been closed? Frankly, it is easy for the state to continue to cut these programs again because the pain created by the cuts is passed on to your community in the form of higher taxes or less services. You can do something. Call your legislator and the Governor and tell them what cuts in services your community has made. Write a letter to the Governor and your legislator telling them that the cuts have already been too deep. Municipal aid has been cut 55% while the state operating budget has increased. Tell them that you support the concept of the Alaska Municipal Basic Services Program because it offers a way to stabilize funding for services that are critical to the quality of life in your community. 217 Second Street, Suite 200, Juneau, Alaska 99801 - Tel (907) 586-1325, Fax (907)40-5480 Most Often Asked Questions on AMBS • (Alaska Municipal Basic Services) • 1. What is AMBS? AMBS proposes to combine the exist- ing Municipal Assistance and State Rev- enue Sharing programs into a single for- mula -based program. The formula would be based on actual expenditures for nine basic service categories provided by municipalities. The categories are police, water & sewer, roads, education, hospi- tat/health facilities, solid waste, fire & emergency medical, taxation/assess- ment, and community services. 2. Why is the"BS program better? One of the reasons the two programs have been cut so much is because there is a lack of understanding how munipalities use state shared revenue. Payments to municipalities under the AMBS program would be based on ac- tual money spent on basic services. 3. How were the percentages for basic service categories arrived at? The percentages for each basic service is based on the approximate total amount spent in each category for FY 93, which is the latest year the Department of Com- munity and Regional Affairs has records for. 4. How is the money allocated for each category? Each municipality is entitled to receive an amount from one or all of the basic service categories in proportion to their actual prior year's expenditures in those categories, its overall ability to pay (rep- resented by the full and true assessed value), and its population. 5. Are there exceptions to the alloca- tions? Yes, there are two categories that will dis- tribute money differently than actual expenditures made. Roads will be distrib- uted on a per mile basis and hospitals/ health facilities on a per bed basis. These distributions are the same as in the cur- rent entitlement programs. 6. Is this a mandate for municipalities to provide these services? No. Municipalities will still have the op- tion to spend their funds on whatever ser- vices they wish. If they choose to spend funds on the nine basic categories, they will be reimbursed a portion of those funds by AMBS. 7. Does basing the formula on expendi- tures encourage communities to spend more money and be less eflcient? No. The maximum amount of AMBS pay- ment for a basic service is 10% to 20%. This means a communitv would have to spend $5 to $10 of local revenue to get $1 from AMBS. This program would not affect efficiency or provide an incentive to increase service levels beyond what citi- zens demand. 8 What happens to unincorporated com- munities? Unincorporated cities not in boroughs re- ceive a flat amount of $7,500. 9. Is there still a minimum entitlement? Yes, the minimum entitlement is $40,000. The original Alaska Municipal League proposal recommended a minimum en- titlement of $50,000. 10. How does the transition period work? As with any changes in a formula pro- gram, some communities will get more or less compared to the old formulas. SB 20 includes a transition period which states no municipality would be reduced more than 2% for the first and second years and no less than 5 % for every year thereafter until they are at the proper level. 11. Will the transition cost more money? No. SB 20 does not address the overall funding issue of the program, it is just the distribution formula. The transition money comes from those communities who would gain more money under the program. This reduces any large 11 and gives those who would receiv,. .,s money time to adjust. 12 What can people do to ensure pas- sage of the legislation? Write to your local legislator to encour- age his/her support AMBS and partial restoration of the cuts made last year. Please send a copy to the Alaska Mu- nicipal League. It is up to all of us to relay the message that municipalities have already received more than their fair share of budget cuts in the past. AML Legislative Bulletin # 19-3 2 Municipal News .Motor Vehicle Registration Tax Changes Alaska Municipal League staff is working with legislators on a bill to al- low municipalities participating in the motor vehicle registration tax program to increase rates by local ordinance in- stead of action by the legislature. This bill will provide allow communities to keep current state rates for the tax, or in- crease rates by local ordinance during a window period every two years. This bill would provide another optional rev- enue tool for municipalities. Senior Citizen/ Disabled Veteran 'roperty Tax Exemption Bill A bill to make the tax exemption a local option instead of an unfunded state mandate on municipalities has been in- troduced by Representative Ivan. The House Community and Regional Affairs will hear HB 185, on Thursday, March 9, at 1:00 p.m. The Senior Citizen/ Disabled Vet- eran Property Tax Exemption started out as a fully funded state program. Over the years the state has cut back on its funding for the program. The exemp- tion now costs municipalities over $15 million per year while state funding is only V. I million. The members of the AML voted to work with the legislature to make this an optional exemption since it is a now essentially a locally funded program. If you have any questions on these two pieces of legislation, please call AML at 586-1325. Alaska Municipal League Board Members Selected for National Offices Alaska Municipal League First Vice President and Anchorage Assembly Mem- ber Joe Murdy has been selected by the new National League of Cities President Carolyn Long Banks to sit on the newly created NLC Steering Committee on Public Safety. Alaska Municipal League Board Member and President of the Anchorage Assembly Dick Traini has been appointed as a member of the NLC Steering Com- mittee for Finance, Administration, and Intergovernmental Relations. Betty Glick, former Alaska Municipal League President and Kenai Peninsula Borough Assem- bly Member has been re -appointed to the Board of Directors of the National Asso- ciatton of Counties (NACO). Donald Long, President of AML and Mayor of Barrow stated, " There are great changes for cities taking place on the national level. The National League of Cities and the National Association of Counties are at the forefront of that change. Recent victories for cities include unfunded mandates language to stop the flood of federal unfunded mandates that increase local taxes and force cutbacks in other local ser- vices such as road maintenance and schools. Having Alaskans in key positions in national organizations will help ensure that Alaska issues, such as federal regula- tions that eliminate Alaskan jobs, will be heard." Other recent national victories for Alaskan municipalities includes continued funding for the "Payments in Lieu of Taxes (PELT)" program that replaces a portion of the money lost providing local services to federal land and facilities which are not subject to local taxes. Governor's Budget for Municipal Assistance and Revenue Sharing Preliminary Fiscal Year 95 Fiscal Year 96 Diff Budget Bill $61,813,500 $61,813,500 Legislative Rollover 800,000 0 Total $62,613,500 $61,813,500 (-1.3%) Although not what the municipalities asked for, the Governor's prelnninary budget reflects only a 1.3% reduction in funding as opposed to a 50% funding re- duction proposed last year. Remember that the new AMBS program is not vet a reality. This proposed budget is for the current Municipal Assistance and Revenue Sharing Programs. The $800,000 added by the legislature late in the session was not considered part ofthe base funding for Municipal Assistance and Revenue Sharing by the Governor. We still have a lot of work to do. The Governor needs to realize that this fund- ing is critical to healthy Alaskan communities. If every community calls the Gov- ernor, he will listen. AML Legislative Bulletin # 19-3 Position Vacancies City Manager, City of Kotzebue. (Population 3,004) The City Manager shall be the executive and administra- tive officer for the City of Kotzebue. Education: Bachelor's Degree in Man- agement, Public Administration, Eco- nomic, Community Planning or equiva- lent combination of education and ex- perience. Minimum of two years mu- nicipal management experience or five years as chief administrative officer or chief executive officer. Familiarity with budget preparation, capital project co- ordination, municipal utility manage- ment, ordinance development, state and federal grant programs. Bush experi- ence preferred. Salary: $60,000 per year DOE. Submit resumes to City of Kotzebue, P .0. Box 46, Kotzebue, Alaska. 99752. For more information. call 907-442-3401. City Manager, City of Kodiak. A beautiful island community (pop. 7,500, service area pop. 15,000). De- gree in Public Administration, or re- lated field, or proven administrative abilities and a minirnum of five years in a municipal government administra- tive capacity or equivalent. Masters degree desirable. Starting salary open depending on qualifications and expe- rience. Current Manager retiring at $69,000. Apply by March 31. Send resume to City Clerk. P.O. Box 1397, Kodiak, AK 99615. The City of Kodiak is an equal opportunity employer. Women and minorities are encouraged to apply. Risk Control Manager -Alaska Mu- nicipal League Joint Insurance As- sociation, Inc. - $42,823 - 50,861 DOE. The Alaska Municipal League Joint Insurance Association, Inc., a public entity risk management pool, is seeking qualified candidates for this full -tune position. The Risk Control Manager assists in executing and co- ordinating the property -casualty risk control program for an association serv- ing 94 Alaskan municipalities and school districts. Position involves extensive travel and marketing the Association's services to participants and prospective participants. Minimum qualifications: Degree in In- dustrial Safety or related field and/or three years experience in property/casu- alty loss control. Good oral and written communication skills required. Experi- ence with municipal operations, risk management pools, and law enforcement experience preferred. Insurance market- ing and computer experience desirable. Must have vehicle for loss control travel to member municipalities in and around southcentral Alaska. Position will be open until filled. Send resume and three professional references to Director of Risk Management, AMU JIA, 626 F Street, Suite 100, Anchor- age, Alaska 99501. City Manager - City of Bethel. (Pop. 5009) Management of approximately 100 full-time employees, with an opera- tions budget of $5 million. Council/ Manager form of government. Qualifi- cations: previous experience as city man- ager desirable or similar experience ac- ceptable; advanced degree in public ad- ministration or a degree in business/fi- nance or equivalent experience pre- ferred. Must submit to criminal/credit history scrutiny. Salary: negotiable up to $70,000 plus benefits, DOE. Closing date: March 31, 1995. Send resume to City of Bethel, City Clerk, P. 0. Box 3 88, Bethel, Alaska 99559. EEO employer. Police Officer - City of Sand Point. The City of Sand Point (pop. 1,095) is seeking qualified individuals for police officer. Must meet APSC standards, prefere APSC cert. Salary DOE. Send resumes to: City of Sand Point, P. 0. Box 249, Sand Point, Alaska, 99661, phone 907-383-2696. Open until filled. Community Health Promotion Grants The Division of Public Health is currently advertising FY 96 multi -year Requests for Proposals (RFP) for com- munity health planning grants. The ap- plication deadline is April 15, 1995.Up to $25,000 will be available for each of the two years for a total of $50,000. Community -based health planning grant will be awarded to plan, conduct, and evaluate health promotion and dis- ease prevention programs. The Division of Public Health especially encourages use of Planned Approach to Community Health (PATCH) methodology for con- ducting community -based health plan- ning projects. The PATCH process helps a munity establish a health prom, n team, collect and use local data, set health priorities, design interventions, and evaluate their effect. Community -based health planning efforts using the PATCH model are cur- rently being implemented in sixteen communities: Akhiok, Akiachak, Craig, Fairbanks, Hydaburg, Juneau, Kake, Ketchikan, Klawock, Kwilillingok, Napaskiak, Old Harbor, Sitka, Tuntutliak, and Wrangell. A teleconference will be conducted on March 6, 1995 for the purpose of dis- cussing requirements of this RFP and to introduce the PATCH community - based health planning model. The Division of Public Health will conduct a three-day PATCH training workshop in September for selected grantees choosing to use the PATCH model. Potential grantees who apply for this grant and are interested in - q PATCH must commit to partici, a in the training workshop. For more information, please call Glen Rav at 465-3140. AML Legislative Bulletin #19-3 Page 4 New Bills Introduced r1 his listing reflects legislation that affects municipalities -for a complete list ofall bills, contact your local Legislative Information Office) In the Senate SB 87 - Relating to community lo- cal options for control of alcoholic beverages. Introduced 2/ 14/95 by the Senate Judiciary Committee. Re- ferred to CRA, JUD, and FIN. SB 88 - Establishes a pilot program for charter schools. Introduced by Senator Sharp on 2/15/95. Referred to HES and FIN. The bill allows not more than 30 charter schools to be es- tablished in a geographically balanced manner upon the approval of the lo- cal school board and the state Board of Education. SB 92 - Requires that activities of the Alaska Housing Finance Cor- poration be subject to the Execu- tive Budget Act. Introduced on 2/ 21/95 by the Legislative Budget and Audit Committee. Referred to STA and FIN. Companion to HB 189. SB 96 - Relating to municipal ac- tivities or services mandated by state statute. Introduced on 2/22/95 by Senator Kelly. Referred to CRA and FIN. Scheduled for its first hear- ing on March 8 in CRA at 1:30 p.m. See related story on page 1. SB 104 - Relating to joint insurance arrangements. Introduced by Sena- tor Torgerson on 3/1/95. Referred to L&C. Introduced at the request of Alaska Municipal League Joint Insur- ance Association to allow nonprofit corporations, Native associations, or Native village councils to participate in the joint insurance arrangements. Companion to HB 223. In the House HB 181 - Public school foundation program. Introduced on 2/15/95 by Representative Navarre. Referred to CRA, HESS, and FIN. The bill raises the instructional unit to $62.000 and the area differential from 1.00 to 1.04 in Kenai. HB 185 - Exemption from munici- pal property taxes for certain pri- mary residences. Introduced 2/20/95 by Representative Ivan. Referred to CRA and FIN. The bill would make the senior citizens/disabled veterans property tax exemption a local option rather than a state unfunded mandate. HB 189 - Requires that activities of the Alaska Housing Finance Corpo- ration be subject to the Executive Budget Act. Introduced on 2/20/95 by the Legislative Budget and Audit Com- mittee. Companion bill is SB 92. HB 193 - Establishing a process for forward funding of education pro- grams. Introduced on 2/27/95 by Rep- resentative Bettye Davis. Referred to HESS and FIN. House of Representatives - H Senate - S State Affairs - STA Community and Regional Affairs - CRA; Heahk Education, and Social Services - HES, Labor and Commerce - L&C; Finance - FIN, - Resources - RES, Judiciary - JUD; Transportation - TRANS House Special Comm. on Fisheries - HSCF House & Senate Action (Legislative action since the last Legislative Bulletin) In the Senate SB 20 - Alaska Municipal Basic Services program. Introduced by Senator Torgerson. First hearing held on 2/22/95. SB 22- Makes appropriations to the Department of Education. Introduced by Senator Halford. Passed S HES and referred to S FIN. This bill would keep financing for the school foundation funding the same as last year. SB 55 - Repeals the sunset of the enhanced 911 emergency report- ing systems. Introduced 1/26/95 by Senator John Torgerson, referred to L&C. Passed the H L&C and re- ferred to H FIN. SB 56 - Rights in certain tide and submerged land. Introduced by Senator Leman. Passed S CRA and is scheduled for hearing in S RES on 3/3/95. Companion to HB 20. SB 65 - Expands the services that may be offered by an electric co- operative to include direct satellite television, sewer, water, or gas ser- vices when authorized by the Alaska Public Utilities Commis- sion. Introduced 2/3/95 by Senator John Torgerson. Passed S L&C and referred to FIN. SB 70 - Relates to the public school foundation program. Introduced 2/ 6/95 by Senator Randy Phillips. Passed S HES and referred to FIN. (continued on page 6) AML Legislative Bulletin # 19-3 Pare 5 (continued from page 5) In the House CS HB 21 - Relates to revocation of a driver's license for illegal pos- session or use of a controlled sub- stance. Introduced 2/10/95 by Rep- resentative Brian Porter, referred to JUD, FIN. Companion bill to SB 82. HCR1- Creating a Long Range Fi- nancial Planning Commission. Passed both houses and referred to the Governor for signature. HB 20 - Rights to certain tide and submerged land. Introduced by Representative Moses. Passed H CRA and RES. Referred to H FIN. Companion bill SB 56. HB 79 - Allows DNR to quitclaim land to a municipality to correct er- rors or omissions of a municipal- ity. Introduced by Representative Mackie. Passed H CRA and RES. Referred to H FIN. HB 120 - Relates to indemnifica- tion of public employees. Intro- duced by Representative Porter. Passed H FIN and referred to RULES. HB 140 - Relates to surety bonds required of certain fish processors. Introduced 2/1/95 by Representative Alan Austerman, referred to HSCF, L&C. The bill requires a fish pro- cessor that processes 30,000 pounds or less of fish a year to pay $2,000 for bonding. 7 March 23-24 North/Northwest Mayors Conference, Unalakleet. Call Bob Foote at 624-3531 for more information. March 26-30 Alaska Association of Municipal Clerks, 1995 Institute, Anchorage. Early registration is $225.00, after March 18, cost is $275.00. For more information, call Tony Nakawawa at 276-2433. March 31 Alaska Association of Municipal Clerks 1995 Annual Meeting and Banquet. For more information, call Gayle Vaughan at 262-8608. March 27-29 AML/ACoM Annual Municipal Legislative Conference and Legislative Reception, Juneau. See related story. For more information, call Julie Krafft at 907-586- 1325. March 29-31 15th Annual Governor's Safetv and Health Conference. Registration is $225 before March 15, and $275 after that. For more information, contact Rebecca Custard at 907- 269-1416. April 19 AMLIP Board Meeting, 10:00 a.m. via teleconference. Call 586-1325 for more information. April 21 AML/JIA Board of Trustees meeting, Anchorage. Call 258-2625 for more information. April 27-29 4th Annual NLC-RISC Pool Trustees Workshop, Key West, Florida. Sessions on member relations, internal operations, pool administration, and leadership issues for trustees. For more information, contact Steve Wells at 1- 800-337-3682. May 10-13 WIR Conference, St. George, Utah. May 3-5 Municipal Finance Officers Association of Alaska, 1995 Spring Conference, Girdwood. Early registration is $90 for MFOAA members and $130 for non-members. After April 21. cost is $115 for members and $155 for non-mem- bers. For more information call Judi Slajer at 907-459- 1370. May 24-26 Alaska Management Institute - cosponsored by the University of Alaska and AML. Call Kevin Ritchie fc more information at 586-1325. AML Lezislative Bulletin # 19-3 Page 6 Alaska Municipal L eague and Alaska Conference of Mayors Annual Municipal Legislative Conference "The Year of Change" March 27, 28, 29,1995 - Baranof Hotel, Juneau .......................................................... Attention Local Leaders: • The Alaska Municipal League and Alaska: Conference of Mayors • • invite you to attend the 1995Annual Legislative Conference. 7here are many critical issues on the table and we must show the Legislature that we: are united in our efforts to rotect funding for nwnicr • . ; P g jaalrties the: • ° cost for the conference is :only $50. Please make plans to (tend this • important -event! Tentative Agenda Monday, March 27 1:00 p.m. - 5:00 a.m. 1:00 P.M. Welcome/Introduction 1:30 p.m. Status of current municipal legislation 3:00 p.m. Workshop on Fundamentals of Effective Lobbying - Dr. Clive Thomas 5:00 p.m. Recess Tuesday. March 28 9:00 a.m. - 7:00 a.m. .9:30 a.m. Coffee and Rolls 9:00 a.m. Policy/Legislative Strategy: Transportation/Utilities/Environment Health & Safety Land Use/Resources/Economic Development Taxation and Finance Education and Local Government Powers 9:00 a.m. Alaska Conference of Mayors Business Meeting - Gastineau Suite Noon Lunch - Administration and Legislative Leaders 1:00 P.M. Presentations by Legislative Leaders 2:30 p.m. Alaska Municipal Management Assoc. Business Meeting - Gastineau Suite 2:30 p.m. Organize into lobbying teams 3:30 p.m. Teams meet with Legislators 5:30 p.m. MUNICIPAL LEGISLATIVE RECEPTION Baranof Hotel Wednesday. March 29 8:00 a.m. - 3.00 p.m. 8:00 a.m. Lobbying teams continue meetings with Legislators 1:00 P.M. Reconvene to report results of meetings Register to participate by completing the form below and mailing it with your check for $50, to AML, 217 Second Street, Suite 200, Juneau, Alaska 99801. The fee covers coffee, snacks, lunch on Wednesday, materials, and the reception. Hotel rooms have been blocked at the Baranof ($69179) and Westmark Juneau ($79187). For hotel reservations, call 1-800-544-0970. Call 586-1325 for more information. r— — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — - I Please register me for the Annual Legislative Conference - March 27-29, 1995, in Juneau. I I I Name T.rtle I Municipality I Address City Zip I 1 i Phone Number Amount Enclosed I 1 L- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - J AML Legislative Bulletin #19-3 Page 7 What's Inside... i Unfunded Mandates Bill Introduced....................Page I AML/ACoM Annual Municipal Legislative Conference, March 27-29........ Page I Questions and Answers about the AMBS proposal ............Page 2 AML Board Members Selected for National Office .............. Page 3 New Bills Introduced by the Legislature .................Page 5 Municipal Calendar............ Page 6 ` ALASKA MUNICIPAL LEAGUE 217 Second Street Suite 200 Juneau. Alaska 99801 (907) 586-1325 First Class Mail Carol From City Clark City of Kauai 01 210 Fidalgo Avenue, Suite 200 Kenai, Alaska 99611 Dated Material - Please Copy and Distribute Immediately Legislative Bulletin 19-3 National Bank of ALXrw omr [ASrA a,MU . � rrf asr A wF,w­ . sou�noeriharAlr�ia oa►rrrxni[y�eaders, rrrderitieOMAR tandiefe,' .�. meet vWh amvnbws of the SaWe Port Ca mussm to sodaff support for an all -Alaska gas pod#w route. (Pbrto(Seaftphob) vo 0141R was "ftridod by AAtsksSe=wy Pkift dab1D4e8IBPwbWPWlrl9J/,8*wl4I xcd Hobert F/errrurg, Lee Fisher. Frank Chapadas and Tour Flk . A history of shaping the In the winter of 1975, a coincidence brought Anchor- age businessman Bob Penney and broadcaster Robert Fleming together on an airport shuttle bus in San Fran- cisco. An enthusiastic Penney was adamant in his convic- tions that a pipeline carrying North Slope gas to markets in the Lower 48 states should follow an all -Alaska route to tidewater near Valdez as opposed to proposals to build the line through Canada. Everyone on the bus soon knew how Penney felt, and he quickly raised Fleming's interest to his own level. That passionate conversation on the San Francisco bus was the seed that sprouted the Organization for the Management of Alaska's Resources (OMAR), which later evolved into the Resource Development Council (RDC). 1995 marks the 20th Anniversary of RDC, an organization which began as a single -issue group, but grew into a multi -dimensional statewide organization known for its effectiveness and influence on a wide range of public policy and resource development issues. Today RDC is the state's largest non-profit pro - development organization with membership ranging from individuals to local communities, labor -unions, native corporations, trade associations and companies of all sizes. RDC is known for its ability to bring together diverse interests within its ranks to influence decisions and poli- (Contlnued to page 4) Thank-y-NR#ionaLi a ztAWskajor-spnpsoringpisspeciaiaug . ..o 96 RDC has come of age I am very proud to be at the helm of RDC's staff effort entering its 20th year. After starting as a volunteer in 1983. working up the ranks as Project Coordi- nator, then Deputy Director for two years, it was especially rewarding to be chosen to follow Paula Easley as Ex- ecutive Director in 1987. It is also rewarding to have Paula now on RDC's board of directors, and I think it speaks well for the organization to engender such commitment. Most of RDC's Past Presidents are still active in the membership and many of the board members have been with RDC from the beginning and are still volunteering, The Resource Developn t'Ccuridt` (RDC) is Alaska's largest priva" funded rronprofit econorm development organization waking to develop Alaska's natural ree== in anordedymarmer and to create a broad based, dluwsMed economy while prar.ectirrg and enhancing the erermimerrt. Executive Committee officers President .......... ...............:_.. David J. Parish Sr. V'x:e President ......._..:Z..Eraabeth Rensch Vice President .................. —Scott L Thorson Secretary ...... _.Lyle Von Bargen Treasurer ............. —...._-_-Alan Bingham Past President James L Cloud - Smt Executive Director .. .._''` Becky L Gay Communications Director WILPorbnan Special AssistantlFrrarm. A die;Schneder Projects'Coordinator .. ri( itF.—man Staff Assistant :. ~P&m Booher Resource Review is the official monft publication of the Resource Development Cotnu>if. RDC is located at121 W. Frrewwd,Suile250,Anchcrage AK99503, (Wn 276-0700 Fax: ZM-388.7 Material in the pubfictb on maiybi wthDtd permissim 77 _ ��" wrier di r, nkLpn RDC has expanded its reach to involve young Alaskans in understanding and accepting resource development. Above. Congressman Don Young congratulates two students for first place entries in RDC's essay contest in 1994. testifying, attending RDC events and supporting the organization in many ways. Working for a Board of Directors is quite a juggling act of diplomacy, coor- dination, communication and most of all, cooperation for the good of the organization. RDC's Executive Com- mittee and board are shining examples of how seemingly disparate people and industries can come together to share their volunteer efforts on behalf of com- mon and mutually -beneficial goals. RDC's goal is to improve the quality of life for all Alaskans through sound resource development. Overthe years, RDC has grown more effective in its outreach and public efforts to educate and advocate on resource issues. But the work is never done, because as Einstein pointed out, "as the circle of light increases, so does the circumfer- ence of darkness." For instance, more people have a better idea of what Alas- kans do forfun than what we actually do fora living. RDC's work is increasingly important, and the last 20 years of effort has laid the groundwork for the next decades of success. It is difficult, however, to quantify RDC's 20th Anniversary Celebration Friday, March 3 Sheraton Anchorage Hotel Cocktails 6:30 p.m. Dinner 7:30 p.m. Program 8:00 p.m. Gold Sponsors t Alascom Alyeska Pipeline Service Co. ARCO Alaska, Inc. Arctic Slope Regional Corp. AGC / ACIAP Trust BP Exploration (Alaska), In EXXON National Bank of Alaska Usibelli Coal Mine, Inc. I Silver Sponsors Alaska Helicopters, Inc. Alaska Railroad Corporation Anderson Tug & Barge City of Valdez Cook Inlet Region, Inc. Deloitte & Touche. CPA's Echo Bay Mines Era Aviation, Inc. Harbor Enterprises, Inc. Hartig, Rhodes, Norman, et al. Kenai Peninsula Borough Kodiak Island Borough Koncor Forest Products Co. KPMG Peat Marwick Laborers Local #341 Lynden Incorporated NC Machinery Company Princess Tours Sealaska Corporation Teamsters Local 959 Tesoro Alaska Petroleum Cc. VECO Corporation Yukon Pacific Corporation (Continued to page 3) Page 21 RESOURCE REVIEW / February 1995 RDC intern to President in 10 years Even ten years ago, a salary of $100 a month wasn't very much. While the opportunity provided by RDC internship between my junior and senior years of college didn't pay well in the usual sense, the experience it provided is still paying big dividends. It hardly seems ten years has past since RDC Projects Coordinator Mike Abbott (now serving as Government Affairs Specialist at Alyeska Pipeline Service Company) called to offer a summer internship with a statewide, non-profit pro - development organization working on behalf of Alaska's basic industries. While ten years have gone by, the basic goals and objectives of RDC haven't really changed. RDC is working harder than ever at all levels to influence decisions and policies affecting Alaska's future development to achieve a sound, diversified, private -sector economic base for Alaska. I remember well the summer of 1985 -- a time when I learned a great deal from then -Deputy Director Becky Gay and Executive Director Paula Easley. Dave Marcotte, the other intern that summer, and I had the luxuryof learning from two of Alaska's most effective and articulate advocates on natural resource issues. Valuable experience was also gained from working with two of RDC's issue divisions. The Lands Division, chaired by the late Richard Tindall, dealt with a number of complex land management issues -- many of which are still a topic of debate. The International Trade and Industrial Development Division, chaired by former board member Larry Dinneen, worked long and hard on bringing more international busi- ness opportunities to Alaska. Some things haven't changed since 1985. Several of the issues that were subjects of debate back then are still pertinent today and will be in the future. Access to federal lands, ongoing issues with regard to establishment of reason- able state and federal regulatory standards and the need for serious planning for our state's long-term economic welfare Message from the Executive Director (Continued from page 2) accomplishments when in many cases the organization has been working on the same issues for years. The gas line, ANWR, forestry and water issues jump to mind immediately. Realisti- RDC interns Dave Marcotte and Dave Parish, along with Deputy Director Becky Gay meet with Secretary of the Interior Don Hodel in Anchorage during the summer of 1985. will demand our continuing attention and concerted efforts. The contacts established while interning at RDC are still helpful, as well as the experience of learning how to effec- tively work problems. While the past ten years have seen setbacks on some issues, on balance there have been many successes for RDC and our members to reflect upon. It is these successes that we will celebrate on the occasion of RDC's 20th Anniversary. Dave Parish is Senior Public Affairs Representative for Exxon. He was elected President of RDC in Mav 1994. cally, it is RDC's long-term approach to development that is its strength, be- cause getting something going in Alaska takes a long, long time. Patience and perserverance are as vital as moving on opportunity. RDC's future as an organization looks bright. For all the work we do for our members, and conversely, because of all the great efforts our membership gives us, RDC is an invaluable ally in any battle it undertakes. Political, but non -partisan, RDC has come of age in the policy arenas. In basic education, RDC has broadened its reach state- wide to involve young Alaskans in un- derstanding, accepting and hopefully supporting development in this state. Most importantly, RDC brings integrity and balance to resource debates and battles. For many, that alone is worth its weight in gold. February 1995 / RESOURCE REVIEW / Page 3 RDC celebrates 20 years of developing Alaska's resources Continued from page 1) cies that play a role in the development of a favorable business c!imate that will allow Alaska to tap its vast treasure of resources. Shortly after Penney and Fleming met in San Francisco, they began meeting on a regular basis in Anchorage. Soon to fo- llow were Bob Hartig, Bud Dye. Paula Easley, Dick McMillian. Bev Isenson, Lee Fisher and others who banded together to fight for the all -Alaska gas pipeline route and the siting of a pet- rochemical plant that would diversify the economic base and create new jobs. "We quickly adopted the OMAR breakfast meeting habitat and agreed on a name." Fleming recalls. Bev isenson became the first executive director, a local bank donated office space and the hat was passed to get OMAR off the ground. Fleming and Penney were elected co- OMAR guest GovernorDixyLee RayofWashington meets with Lee Fisher. Governor Jay Hammond and Robert Fleming. chairmen and Elaine Atwood and Tom Fink soon joined the chorus to sing the all - Alaska pipeline song. "Most of us became par- ticipants in the `speakers bu- reau' and we began regaling every Lions. Rotarian. Chamoer of Commerce and you -name -it grouo whose program chairman could be inducea to invite us." said Fleming. -In our first year as a bonafide, incorporated or- ganizavon, we always won- dered how we would meet Senator Mike Gravel presents an OMAR "First Barrel of Oil" plaque to President Jimmy Carter. At left is Alaska labor official Guy Stringham and Heida Boucher. expenses." While OMAR was pro- moting the all -Alaska line proposed by El Paso Natu- ral Gas Company, two other companies were proposing routes from Prudhoe Bay through Canada. One com- pany, Northwest Pipeline. wanted to take the pipe near Fairbanks and then into Canada. following the Alaska Highway. Fleming, however. ex- pected OMAR would soon be disbanded and all its members would go home and watch the gas pipeiine creep down the corridor to tidewater. "We were dedicated. hard-working, single- minded. hard-headed and. I at least. was very naive." Fleming reminisced. 1 re- ally believed that all we had to do was take our story to the right people, get the co- litical community behind us and the game was won." It was not to be. It was the wrong time, wrong place. "It is my opinion that in the end the final decision of which line would get the presidential nod had not to do with national secs fiscal responsibility, environ- mental safety or the public interest." Fleming submitted. "And these were the criteria on which OMAR argued its case.' When President Caner axed the ail -Alaska line ;n favor of the Northwest Pipe- line proposal. it was not an upbeat time for OMAR. It was a time of decision -- to Page 4 / RESOURCE REVIEW / February 1995 In the early days of OMAR. Senator Ted Stevens discusses pipeiine routes with George Easley. left. and Vern Hickel. right. the OMAR tent or ex- po d its wings- ,We had to look each de :r in the face and admit de ball game was over," said vol ming. "I will always re- on .mber the faces. I even er nember Chuck Herbertt de Ling at the table to my id that it was he who a )unded the call to arms. He wi 11dJ believed we had a a o� lanization and that in ith W, the non -development t ,roues proliferating the state, I ie felt strongly that OMAR Should re -group and continue" Three years after its for- mation, the organization changed its name to the Re- source Development Coun- cil for Alaska, Inc., but re- tained the expertise or- ganized under OM R. was Paula Easley, in her second year of service as Executive Director when the transition occurred, im- mediately set out to expand RDC's base, broaden its ho- rizons and strengthen its support. Under Easley's leadership, the advocacy role was expanded to include a broader range of critical issues facing Alaska- ,,Our main goal was to -oand the organization so could tackle more of the issues and get Alaskans helping each other to influ- ence state and federal an lent Joe Henri and Paula Easley congratulate Becky Gay on )pointment in 1987 as Executive Dears r f RDC. Easley had =d under nine presidents in her 12 y as a volunteer. ias now been with RDC 11 years, starting I'cy," Easley said. over the next ten years, sley worked with nine dicated RDC presidents, unteers and a small staff dozens of state and fed al issues, preparing hun "RDC does not exclude wilderness, parks, recreation opportunities, or fish and wildlife from the list of re- sources," Easley said. "We do, however, feel that these resources, like minerals, tim- ber, commercial fisheries s- and petroleum must gener- ally be managed in multiple use systems if they are truly to be beneficial to society. During her 12-year ten- ure as Executive Director, Easleybased RDC's Posi- tions on the belief that public decision making should re- flect a proper balance be- tween environmental and economic concerns, recog- nizing that protection of natu- ral resources can _ achieved simultaneously with protection and enhance- eds of written and verbal stimonies before public private hearings on a de array of issues. RDC coons ranged from influenc- g the d-2 lands settlement o coal policy, tax relief, regu- atory reform, and land man- agement plans. Easley was driven by the belief that federal, state and private land in Alaskashould a be managed to produce standard of living that allows Alaskans to partake of the good things the land is ca- pable of providing. RDC is a respected advocate for sound public policy The Policy - board meets frequently with the Legislature. stage at that time. Perhaps the hottest issue, however, was pending Congressional action on a bill opening the Coastal Plain of the Arctic National Wildlife Refuge to oil and gas development. RDC was one of the major players in forming the Alaska Coalition for Ameri- can Energy Security along with RDC and the Alaska Oil and Gas Associa- tion, led the ANWR cam- paign. The broadly-based coalition, with RDC's input and manpower, developed edu- cation multi -faceted public cation effort which targeted key congressional districts across America on the merits of opening a portion of the Coastal Plain to drilling. Spy teams comprised of Coalition member Easy Gilbreth studies a land Executive Committee resident Boyd Brownfield and Vice management plan map with P President John Forceskie, in 1986. across the ment of the state's economy. In 19B7, Becky Gay, af- ter serving as Deputy Direc- torfortwoyears, succeeded Easley as Executive Direc- tor. Gay came to RDC as a volunteer, but worked her way through the ranks to the s top - One of Gay' first charges after becoming ex- ecutive director was to lead a coordinated effort to influ- ence the direction of more than 50 state and federal land use management plans which were in the formative members set o nation to brief business lead- ers and others on the issue and solicit suppr num- bert. A of key congressmen and senators, as well as national press, were brought Alaska to see the Coastal Plain and visit industry oP- erations at Prudhoe Bay. The ANWR 1egislation, however, was put on hold following the oil spill in Prince William Sound - Two years later, Gay was granted a leave of absence (Continued to page 8) February 1995 / RESOURCE REVIEW i Page 5 It . $4 i ' , P NO, .� �" ' � — o •' C G 1975 A th 1995 NNIVERSAR ASKA RDC brings diverse interests together (Continued from page 5) to head the State's ANWR advocacy efforts for Gov. Hickel's administration. De- puty Director Debbie Reinwand took overthe reins of RDC until Gay's return in 1992, and later was ap- pointed executive director of Arctic Power, a new organi- zation which RDC board members helped spearhead to work the ANWR issue. More recently, Gay has broaden RDC's wings to in- clude the Alaska Wetlands Coalition and oversight of the Alaska Mineral and Energy Resource Education Fund, a private sector partnership with the State to advance a resource education curricu- lum in public schools. Through the Alaska Wetlands Coalition, key con- gressional aides have been brought to Alaska on six dif- ferent occasions to see first hand the unique circum- stances facing Alaska communities and businesses in respect to federal wetland regulations. Thetours and com- munity meetings are paying off as Congress is now debating legislation which provides Alaska special consideration in a national "no net loss" wet- lands policy. In her advocacy role at RDC, Gay has sounded the alarm that America is evolv- ing into a nation of consum- ers without producers. "Our policy -makers and children are losing touch with the fact that everything we consume comes from a natu- ral resource produced by someone, somewhere," said Gay. "Through its advocacy, education and networking ef- forts RDC aims to reverse Members of the RDC board meet several times a yearin communities throughout the state to learn first-hand of local concerns and issues. Above, board members pose at Sitka Sound Seafoods in Sitka. resource base and re -intro- duce true multiple use man- agement of our public lands. Gay noted the effective- ness of RDC is directly related to its ability to bring together diverse interests to advocate on behalf of each other. "RDC has a proven track record of bringing together every resource sector to work for a common cause, to help each other fight against unreasonable policies and regulations," Gay said. "Within our organization there are times when we call on fishermen, schoolteachers, labor people, and foresters to testify at public hearings to advocate development in industries other than their own. That makes a big difference in the decision - making process." RDC is governed by a 78-member statewide board of directors, which with its broad expertise, is the back- bone of the organization. The board meets annually in An- chorage each spring to es- tablish policy and determine direction for the next year. The Board also meets in Juneau during the legisla- tive session and schedules community outreach meet- ings across the state from time to time. the trend toward locking out I RDCcoordinatesannual fieldtripstovarious resource development sites andcommunities forstate and federal decision -makers. Above. American producers from the congressional aides invoivedin federal wetlandspolicy visit wetlands near Juneau to hear of local concerns. Page 8 / RESOURCE REVIEW / February 1995 The wide representatiL. of social, geographic and economic groups on the Board allows it to address a broad range of issues with inputfrom all concerned per- spectives, including the lo- cal communities in which in- dividual members reside. An Executive Committee meets regularly throughout the year to aid Gay and her four -member staff with policy decisions between meetings of the full board. Over the past two de- cades, RDC has held over 800 weekly public breakfast meetings on topics ranging from hazardous waste regu- lations to a global electrical grid. In addition, theCouncii's educational and advocacy ef- forts have inducted 15 major conferences on Alaska's sources, bringing together verse interests to address is- sues and opportunities. Today RDC is an active and effective participant in the federal & state legislative pro- cess. Its federal priorities range from reauthorization of the Endangered Species Act to favorable administrative and congressional action on wetlands policy, unfunded mandates, the Clean Water Act, private property rights, Mining Law reform, risk as- sessment, land access is- sues and ' NWR advocacy and education. In Alaska, RDC has its work cut out for it in respect to water quality regulations and a myriad of issues af- fecting the state's basic in- dustries. There is no other state in the nation where ' economy is so depends. . on resource development. There is no otherstate where development issues are so C spearheads a o number ams and ource education P 9 ims in Alaska schools- Here JA idents work on producing ,IEREF Alaska Resource Kits. A toast to the past and future M Insp irational message from a former executive director By Paula P. Easley message OMAR/RDC tried to Reflect on the early days of OMAR, primary an said My first thought was convey was that if battles were to be won. Cali PO sure if Alaskans were to control their own des- "well...it sure didn't start with awhim- ffny,itcouldonlly'b�e people n Norris per' Ca -founders Penney and Fleming moped people in had enormous powehelped rs of persuasion, bringing an onrush of people, financial r��, f�edthemad-Alaskans reSourcesandenthusiasmtofightforan _wewereaNthis- as pipeline route and siting of a � Alaska g P Pe The groups leaders well understood petrochemicals plant that would create that "whoever 6c;htrols the land controls long-term 1�- the people" and threw themselves into After three years of OMAR's relent- resolving the prevalent land -use dispp -oadly debated and hotly less work and building its case y all the brought about by the gang national untested as in Alaska. And political fronts President Jimmy Carter preservation movement- in November �,,.,. ,ere is no other state where amens -Canada route,whichpr P Andrus used r �deral and state govern- 197131nteriorSecretary w reports attributed to Canadian John authority underFLPMAtowithdra r. rents feel so much pres- la -dollars of 9�� .. s of federal Ian& -from .MCMtllian s bringing in meg j�p million acre Sure to block development tialcampaign funds. Although vocal non -development � of Congress were well skate selectt� and mining i' rom members 'debated the d-2 lands issue.11tert,. groups. sated as to the merits of the proposals, _ `amber, President Carter invoked i�he_l, That is why for 20 years of to vote on it In the after- _ never g rot: Act to'create 56 million acres of* RDC has been a strong ad- , 1 wondered why we hadn't just " for development. bundle of money moriumerttsfromthe emerger>'_ sent Carter the big drawals monies hro igh the combined we raised if that was how econom c ate of"my fondest me - employees sn�', efforts of individuals, busi- .decisions were made. . ,k �nment a he , Y labor l�ese was this incredibly dedicate friendly ga`► ness associations, disappointed Alas- our little office, them unions, Native corporations, group of tough but disappo ^tested by daElmess, to help res private companies and local g P histicated outrag�uslY slipshod EIS, pre leans which had undergone sops to create th communities, Alaskans have training in a national campat, neither -justify" the withdrawals, at so witnessed created a strong voice for and a stable economy, local jobs fair -playing Alaskans-1'd never responsible development, of why Alaska could boast- it didn't such dedication as shown by and that voice is RDC;' said take long to realizethat, if we wanted our standing group of volunteer resource sPe- Paul Glavinovich, a past kids to be able to live and work in Alaska, cialists working night after night, desper- president of RDC. we'd have to apply our skills to encour- atel attempting to Protect the rights as- "RDC is a voice that a erprojects•Andthafswhathap- y in the speaks clearly in every 9e sun3dAlaskans � been working wdt► �- `� against an arrogant federal bureaucracy branch of government, a Pen g Things an I mthankfulfortoday the speaks for �s egraestosavetheirsawmill—which and corn voice that s P wad shut down to staff is so competentexecutive cam Alaska's economic future.' #*don'tf►etopay Past President Mano "P, eagles ina town that was and board members for their Frey, currently Executive 78 percent unemployment: _ e from hours of Priceless ernce e °� 4 President of Alaska AFL- had movedto�A ROrage vye'd'b instarrtlY broke; CIO, noted the strength of the Native village of Stony respond to alerts, even if3hey RDC is "people of diverse i.ff� were no jobs but plenty of social personalty affected; and that s, of" , . Pao e interest sworkingtogetherto- problems, 1 knew the effects-rtitities and 'industry ;. Dior ward a common goal." F periods of high unemPloYr>i r ,-- - � life:,Ala�= A�G�.�-such a respect Former executive direr --a community's quality �.. setu>d`tam for Easley agrees, adding dt hatthe world is led by those leans deserved h Outside fords., thier;outstan ! = s seam a living -.-�q r, rrcerdf who show up. '` ,It you're not there, and er r flo�s' P if you're not contributing,tajdW_ - = other communities soughti t e nothing happens. February 1995 1 RESOURCE REVIEW / Page 9 Past presidents of the Resource Development Council i A 1976-77 1977-78 1975-76 Robert C. Penney Robert W. Fleming Robert W. Fleming and Robert C. Penney The Founding Co -Presidents Af"' L -..i. 1978-79 1979-80 1980-81 1981-82 Lee E. Fisher James D. "Bud" Dye Tom Fink Charles F. Herbert 1� 1982-83 1983-86 1986-87 1987-88 Mano Frey Charles R. Webber Boyd Brownfield Joseph R. Henri 7W7 3 y 'M 1988-89 1989-90 1990-91 1991-92 J. Shelby Stastny Ethel H. "Pete" Nelson Bill Schneider John Rense IL K . Jrr 1992-93 1993-94 1994�-955 Paul S. Glavinovich James L. Cloud David J. Pansn Page 10 / RESOURCE REVIEW / February 1995 Editor's Note: Joseph R. Henri served as President of RDC in 1987-1988. Henri served as Commissioner of Administration under Governor Bill Egan. He is owner and President of South Central Timber Development Corporation in Anchorage. Two decades of hard work and happy association have passed for members and staff of RDC. Thirty-six years into Statehood, the mission and vitality of the Resource Development Council are needed more now than ever before. The forces of preserva- tionist nihilism are growing stronger. Millions of people and millions of dollars are arrayed against the few of us who call Alaska home. Our quest for self- fulfillment, and a rewarding, stable, di- versified economy is constantly stanched by national forces, who even quarter squads of their agents here in our midst. Analyze and ponder our political environment, the American/Alaskan form of government under which we undertake to develop Alaska the Greatland. Patriotically we want to think that our government is the best; we seldom scrutinize it critically. "Self gov- ernment," said James Stephen, "not infrequently means the right to misgov- ern your immediate neighbors without being accountable for it to anyone wiser than yourself. Our system of party gov- ernment makes every person who is out of office pick holes in the work of every person who is in office, and every person who is in office considers, not what is the best thing to be done, but what is most likely able to be carried in spite of opposition." To quote further from Mr. Stephen: ''Some degree of permanence, some amount of discre- tionary authority, some scope for the formation and execution of consider- able schemes, are the very first essen- tials of good government. Under the system... given... to us, they are all but entirely wanting. Endless discussion, continual explanation, the constant statement and re -statement to (the leg- islature) of every matter on which Gov- ernment is to act hamper to the last Mission of RDC needed more now than ever before degree the process of governing. Nothing can be done at all until the importance of doing it has been made obvious to the very lowest capacity; and whatever can be made obvious to such capacities is sure in course of time to be done, although it may be obvious to people capable of tak- ing a widerviewthat it ought notto be done. When once done. it is the hardest thing in the world to get it undone." The Alaska government is in constant fluctuation based on the sentiments of the majority in any given election; because of Alaska's continuous population turnover, the voters are an ever -changing cast of characters. People who intend to live in Alaska only a short time, who anticipate enjoying their grandchil- dren and their lateryears elsewhere. would tend to want a distribution of $950 for each Alaskan, rather than invest $550 million annually in the infrastructure required to realize the potential of this vast place. We have built precious few miles of new road in our statehood epoch; we have not added even one kilometer to our railroad system. In spite of our `hear from every citizen" propensities, despite the perpetual confusion which this causes to the body public -- the plural- ity which is not reduced to unity — a new, contrary phenomenon has arisen: We all accede and bend the knee to a dozen or two biologists who de- cree that great economic activity must cease lest some animal species be endangered. We must ruin our economy on the grounds that these biologist augurs are scientists. who are impartial. truthful, concerned and benevolent. Not since the Aztec priests compelled the frequent, hei- nously cruel sacrifice of young virgins to propitiate the gods for the sake of peace and prosperity, have so many ordinary people been so misgoverned by a radical. wrong-headed few. As such as anything, the future work of RDC will be to restore the critical facul- ties of our citizens, and to clear away '`the froth of misleading self-congratulation and cliche." Otherwise, as John Adams said long ago, `bur democracy will soon enough waste, exhaust and murder itself." Navius, the Roman poet, posed this couplet around 240 BC: Q: Tell me, how come your great commonwealth was lost so speedily?. A: We were overrun by a new lot of spellbinders, a bunch of silly youngsters. Easley ... (Continued from page 9) training ground the RDC environment is. and I'd strongly recommend it for anyone interested in public service. It was enormously rewarding to work under nine presidents of OMAR/RDC, and the knowledge and experience gained is being put to good use working with the new Congress as a full-time lobbyist. I am highly optimistic that many of the Councii's state and federal legislative goals will be achieved in the next five years -- but only with renewed spirit, continued hard work and financial support by a growing mem- bership. Let's all toast the past and the future of RDC at the 20th Anniversary celebration. Easley represents the Municipality of Anchor- age and other clients in Washington, specializ- ing in environmental, economic and science policy. February 1995 / RESOURCE REVIEW / Page 11 L r)r: 1174-' 1 J The next time your business needs a new piece From computers to backhoes and just of equipment, consider leasing it through National about everything in between, we can help you Bank of Alaska Leasing Corporation. Equipment find the most cost effective solution to meet Leasing may be smarter than purchasing, and can your needs. no matter what your business. Give provide you with the flexibility you need. us a call todav! 11Tatio�al Ba��Alas�a LEASING CORPORATION 265-2 i 05 We proudly salute the efforts of the Resource Development Council Resource Development Council 121 W. Fireweed, Suite 250 Anchorage, AK 99503 ADDRESS CORRECTION REQUESTED Page 12 / RESOURCE REVIEW / February 1995 Mayor John Williams Manager City of Kenai 210 Fidalgo Ave., Suite 200 Kenai AK 99611 Bulk Rate U.S. Postage PAID Anchorage. AK I Permit No. 377 Resource Development Council �er.alaska.Inc, Petroleum Club of Anchorage 4101 Credit Union Drive (South side of Sea Galley Restaurant) MARCH 1995 Reservations are required for each meeting. Please call 276-0700 by noon Wednesday. Doors open at 7 a.m., presentations begin at 7:30 a.m. ................................. Members: Breakfast: $10.50, Coffee & Pastry: $5.50 Non -Members: Breakfast: $12-00, Coffee & Pastry: $6.00 March 2: Oil and Minerals Outlook for Alaska Cynthia Quarterman, Acting Director, U.S. Minerals Management Service Washington, D.C. March 9: Resource Development: Challenges & Problems In The Commonwealth of Independent States Rupert G. Tart, Jr., Manager, Alaska Operations, Golder Associates, Inc. March 16: Decline of Marine Mammals in the North Pacific: What It Means to Alaska's Fishing Industry Dr. Andrew Trites, Research Coordinator for North Pacific Universities Marine Mammal Research Consortium, Marine Mammal Research Unit, Fisheries Centre, University of British Columbia March 23: Status Report on Alaska District Projects & Issues Col. Peter Topp, Commander, Alaska District U.S. Army Corps of Engineers March 30: Environmental Education: Science or Political Indoctrination? Steve Jackstadt, Professor of Economics, Director of Center for Economics Education, University of Alaska Anchorage MAKE YOUR RESERVATIONS NOW HH Please RSVP Phone: 276-0700 or Fax: 276-3887 (If you have already responded, please disregard this notice.) Resource Development Council for Alaska, Inc. 20th Anniversary Celebration Friday, March 3, 1995 Howard Rock Ballroom Sheraton Anchorage Hotel 6:30 p.m. Cocktail Hour 7:30 Gourmet Dinner THE PROGRAM: Governor Tony Knowles Keynote Presentation A Toast to Past Presidents Special Recognition "RDC: The First 20 Years" Premiere Showing Live Music and Dancing Black tie RDC Members: Non-members: or Alaska formal $40 single; $75 couple $50 single; $90 couple MAKE YOUR RESERVATIONS NOW HH ToNv K.,,owt-Es GOVERNOR STATE OF ALASKA OFFICE OF THE GOVERNOR JU\EAU March 3, 1995 Dear Fellow Alaskan: P O B, neau. Ala- t907) e max (907, I am taking the liberty of providing you information concerning this Administration's budget plan for Fiscal 1996. This budget, which reduces overall spending 6 percent in 1995 dollars, includes $2.54 billion in general funds for all operating and capital expenditures for the state. With this budget, I have honored my commitment to jobs, families, and safe communities. I pledged to Alaska's families to use budget discipline and to live within our means. My proposal accomplishes responsible, full -year budgeting and does not resort to short - funding or "unallocated" cuts; provides increased support for education and school facilities; and begins investing in priority programs for jobs and families. We are streamlining services to achieve further reductions in personnel costs and travel, and we are taking advantage of attrition to reduce the number and cost of positions. I have asked each commissioner to review recommendations from the Transition Teams and individual employees to save money and improve services. We are making tough choices about spending priorities and are asking Alaskans to help take responsibility. We must say "no" to some of our wants so we can say "yes" to all of our needs. We need your help to keep our promise to use budget discipline. I want to hear your thoughts on my budget plan. Please write or call my office anytime with your comments. Together, we can do what is best for Alaska. Sincerely, ,�9& Tony Knowles Enclosures State of Alaska Office of the Governor TONY KNOWLES Bob King Governor ` - ' ' Press Secretary P.O. Box 110001 Claire Richardson Juneau, Alaska 99811-0001 may. �'` Deputy Press Secretary NEWS RELEASE 907-465-3500 FAX: 907-465-3533 FOR IMMEDIATE RELEASE: February 28, 1995 95-51 GOVERNOR ADDRESSES ESSENTIAL SERVICES WITH LOWER BUDGET Gov. Tony Knowles today unveiled next year's budget that imposes discipline on state spending, funds essential state services such as education and public safety and invests in programs designed to create jobs for Alaska families. The proposal also charts a new direction toward long-term, sustainable financial stability. The Fiscal '96 budget proposal, which reduces spending by $8.4 million from the current year, fulfills the governor's campaign pledge that, except for the education of Alaska's children, total state spending will not increase over the previous year. In fact, the Fiscal '96 budget is lower than in 1995, including $18 million in education increases. By requiring agencies to absorb inflation increases, per capita spending for Fiscal '96 is reduced 6 percent in 1995 dollars. "For too long, Alaska has been living beyond our means when it comes to state spending," Knowles said. "This budget proposal begins to impose discipline on the way we spend our limited dollars. In the next few years, Alaskans must work together to say 'no' to some of our wants so we can say 'yes' to our needs." Knowles' budget proposal totals $2.582 billion, compared to current year total expenditures of $2.590 billion, including $67.4 milli -i in proposed Fiscal '95 supplementals. The proposal includes full funding for education, a public works budget of $135 million and small increases for vital services such as early education for children, state Troopers and efforts to train Alaskans for future economic challenges. -MORE- FY96 Budget 2-2-2-2 2/28/95 The plan includes no new taxes. Overall spending is lower than the current year. in part, because of a reduction in state debt payments and last year's one-time $57.6 million expense of starting the Mental Health Lands Trust. Here are some other highlights of the budget: * Education. Includes $18 million in additional funding for projected student enrollment increases and pupil transportation. * Budget discipline. Provides full and accurate funding for programs that have been short -funded in recent years including prisons, fire fighting, disaster relief and road maintenance. These total $43.7 million. Aid to municipalities will be reduced less than in recent years, by only 1.7 percent. * Jobs and families. The proposal addresses vital services for Alaska families, jobs and safe communities. Some $8 million is added for programs such as Head Start, the Healthy Families project and to combat domestic violence and alcohol and drug abuse. More than $2 million is added for Troopers, Village Public Safety Officers and other public protection services. * Built-in cost increases. The budget absorbs $42.1 million in formula program increases, such as education, Medicaid and Public Assistance, another $8.2 million for labor contracts negotiated by the Hickel administration and $6.9 million in program expansions which pay for themselves through fees or cost -efficiencies. * Proaress toward long-term fiscal health. The budget puts Alaska on a long- term spending diet by projecting the groNvth for major state formula programs - welfare and health care - to help target areas requiring cost -control efforts. The governor also has proposed or will soon announce initiatives to curb fast-growing state expenses, such as welfare, crime and job training. A detailed capital budget will be released in March and is designed to meet community needs and essential services. The administration is reviewing a plan to address large deferred maintenance needs, such as school and university facilities. The governor said he has directed state departments to review programs, services and regulations to determine possible reductions. He also is working with municipal officials to develop healthy communities which can assume more local services. -30- State of Alaska FY 96 Budget Proposed by Governor Knowles Governor Knowles' FY96 budget proposal was released on February 28, 1995. It includes S2.58 billion in general funds for all operating and capital expenditures. This budget: • More than meets the Governor's budget pledge by reducing total spending even with increases in education funding; • Changes the direction of the state budget and initiates a process of planned, significant cuts during the coming year; • Provides increased support for education and school facilities; • Establishes full year funding budget discipline; and • Begins investing in priority programs for jobs and families. The proposed budget more than meets the Governor's pledge to "hold the line on total spending except for education". The budget is less than this year's even with $18 million in operating budget increases for education formula programs. A reduction in debt and not having to repeat the large one-time expense of starting the Mental Health Lands Trust helped make this possible. The proposal accomplishes responsible, full -year budgeting and does not resort to short -funding or "unallocated" cuts to meet the Governor's budget pledge. Governor Knowles considers his proposed budget to be the FY96 ceiling, not the floor. The Administration will work throughout the year to streamline services and to achieve further cost reductions in areas such as personnel costs and travel. An effort to take advantage of attrition to reduce the number and cost of positions is already underway. The administration is also reviewing recommendations from the Transition Teams and suggestions made in response to a letter from the Governor to all state employees asking for their ideas on saving money and improving services. Highlights of the proposed FY96 budget: Education • Includes $18 million additional school foundation funding for projected student enrollment increases. • Will provide capital funds for school maintenance and construction — compared to absolutely no capital funding for schools in FY95. • Maintains the funding adjustment for single site school districts. Budget discipline • Includes $43.7 million for full year funding of programs that have been shortfunded in recent years, such as corrections, oil & gas litigation, fire fighting, disaster relief and road maintenance. • Requires agencies to absorb inflation of approximately 3%, reducing per capita expenditures by almost 6% in 1995 dollars. • Doesn't make communities bear an unfair share of the cuts necessary to offset formula increases. Reduces the level of support to communities by only 1.7% for municipal assistance and revenue sharing and continues the capital matching grant program. Addresses deferred maintenance of school and university facilities which received absolutely no funding in FY95. Cost increases • Absorbs $42.1 million in formula program increases for education, Medicaid and Public Assistance. • Absorbs $8.2 million in labor contract increases negotiated by the prior administration. • Covers $6.9 million in program expansions which pay for themselves through fees or cost - efficiencies. • Includes $2.9 million of increases for the Court System. Commitment to gobs, families and safe communities • Adds $8.1 million for administration priorities in areas such as Head Start, the Healthy Families project, children in need of protective care and custody, domestic violence, alcohol and drug abuse programs and projects which help create or protect private sector jobs in tourism, fisheries, oil & gas. • Provides an additional $2.4 million for state troopers, village public safety officers, fire prevention, fish & wildlife enforcement and alcoholic beverage control. Progress toward long-term fiscal health: FY96 budget is only the first step Reducing the state's fiscal gap to provide a "safe landing" will require even more difficult choices in next year's budget. During FY96, the Administration's goal is to get the public's house in order so these choices can be made in a well-informed, fiscally responsible, customer oriented manner. • We now have five year growth projections for each major state formula program to help target areas requiring cost control initiatives. • Initiatives to curb fast growing state expenses have begun — e.g. welfare reform, job training, crime prevention. • Normal attrition of employees will be used to help reduce the number of positions in state government. • Departments are beginning to develop multi -year operating and capital budget plans. • In October, the newly established Long Range Fiscal Planning Commission will present to the people of Alaska its recommendations on how best to eliminate the fiscal gap and manage the state's financial resources. Their recommendations will be incorporated in the FY97 budget. ',,taking state government the right size and shape for Alaska's needs in the 21 st century As Governor Knowles said in his Inaugural speech, Alaskans have a collective responsibility to say no' to some of our wants so we can say `yes' to our needs. The Governor has directed commissioners to begin reviewing programs and regulations to determine whether they should be maintained in their current form. He has begun to discuss with local covernment officials the state's interest in helping communities develop healthy economies so they can assume a greater share of local services. Many of these decisions about the "size and shape" of state government will require significant public participation. 2/28/95 FY 95/96 Spending Plan Total GF FY 95 Revenues Unrestricted Revenues DOR January Update @ $16.35/bbl 1,909.0 [1] Revenue Adjustments 40.1 AHFC Dividend and Appropriation Assets 220.0 AIDEA Appropriation of Assets 60.0 Executive Life -already received or anticipated by 6/30/95 40.8 Sale of DNR Land Portfolio 14.5 Total FY 95 Revenues 2,284.4 From Constitutional Budget Reserve - HB370, Sec.40 68.7 From Mental Health Trust Income Account Balance 57.6 From Constitutional Budget Reserve - Needed to Balance 180.2 Total Fund Sources Expended in FY 95 2,590.9 FY 95 Expenditures [2] Operating Budget - Agencies Operations 1,214.6 Formula Programs 1,052.8 Debt Service 133.0 Capital Appropriations 102.1 Special Appropriations/Fund Transfers 88.4 Total FY 95 Expenditures 2,590.9 FY 96 Revenues Unrestricted Revenues DOR Fall Forecast@ $16.72/bbl 1,959.3 [3] Revenue Adjustments 96.6 AHFC Payment - Annual return on equity 70.0 Total FY 96 Revenues 2,125.9 From Constitutional Budget Reserve Fund 456.6 Total Fund Sources Available to be Expended In FY 96 2,582.5 FY 96 Expenditures [4] Operating Budget - Agencies Operations 1,215.1 Formula Programs 1,089.6 Debt Service 109.4 Loans Budaet - Alaska Clean Water Fund 1.5 [5] Capital Budget 135.0 [6] Special Appropriations/Fund Transfers 28.9 New Legislation 3.0 Total FY 96 Expenditures 2,582.5 See attached notes for fund balances State budget expenditures also include transfer of funds from the Permanent Fund Corporation to pay dividends (FY95 - S556 million and FY96 - $558 million ') and inflation -proofing of the Permanent Fund corpus (FY95 - $372 miliion and FY96 - $344 million). Also it includes Shared Taxes (FY95 - $19.1 million and FY96 - $25.6 million) and Fisheries Enhancement pass-thrus (F1,'95 - 4.6 million and FY96 - $6.6 million) 2.`28795 Pre.pared by OMB, Division of Budget Review FY95 and FY96 Generai Fund Budget Comparison I FY95 1 FY95 FY96 Percentage Change Gen Fund I Gen Fund I Gov Knowles' FY95 Total/ Authorized 1 Total * Request FY96 Request Governor 1 19,679.01 19,666.11 15,437.9 -21.5% Administration 176,388.61 177,609.11 174,902.E>. -1.5% Law 32,507.41 52,806.41 41,761.9.> -20.9% Revenue 12,751.61 13,064.9 13,727.4- > 5.1% Education 671,461.61 675,343.9 689,141.71< 2.0% Health &Social Svcs 441,448.4 442,301.6 470,522.4< 6.4% Labor I 9,383.51 9,615.7 9,757.3'> 1.5% Commerce & Econ Dev 1 39,548JT 42,178.91 42,564.01» 0.9% Military & Veterans Affairs 6,874.31 17,774.31 13,104.5€ -26.3% Natural Resources 44,520.81 55,114.9 52,127.5 A -5.4% Fish and Game 41,517.51 42,384.81 42,400.1 ' 0.0% Public Safety 1 89,667.51 91,103.31 88,542MV-, -2.8% Trans & Public Facilities 1 129,114.61 134,298.7' 134,478.9 0.1% Environmental Cons 18,474.61 18,515.31 20,346.0-> 9.9% Community & Reg Affairs 1 97,218.11 97,236.41 96,648.4 : -0.6% Corrections 1 115,054.8 126,601.91 136,020.6>< 7.4% University of Alaska I 169,409.5 169,539.61 169,961.7 0.2% Monetary Terms I 8,163.5> Total Executive Branch 1 2,115,019.91 2,185,155.81 2,219,609.1 < 1.6% Court System I 45,457.31 45,665.91 48,556.9< 6.3% Legislature 1 36,487.01 36,487.01 36,531.9 0.1 % Total Agencies 2,196,964.21 2,267,308.71 2,304,697.9` 1 6% i Debt: I 1 General Obligation 1 18,477.61 18,477.61 19,452.0 5.3% Luse Purchase 11,244.01 11,244.01 9,628.2 -14.4% School Tctal Debt 103,345.31 103,345.31 80,322.4 133,066.91 133,066.91 109,402.6> -22.3% -17.8% r-_ „itni Rl If4riAt inn 4nn n i 102.115.61 135.000.0 32.2% Lcans Fund Transfers I 87,300.0j 87,300.01 28,900.0 -66.9% New Legislation 3,000.0 I Grand Total 2,517,731.1 ! 2,589,791.21 2,582,516.5 -0.3% i x Includes supplemental 2127!95 Prepared by OMIB, Division of Budget Reviev., Loan program repayments (direct deposit to GF) i 1.1 !Trans -Alaska Pipeline Fund 18.6 Extraordinary Payments to General Fund 2.8 Executive Life 1 58.4 Total 96.6 i I [4] I FY 96 Operating Appropriations Debt Service: Lease Debt i 9.6 General Obligation Debt 19.5 !School Debt 80.3 Debt Sub -Total 109.4 Agency Operations Agency Budgets 2,296.5 1 Monetary Terms I 8.2 Total Agencies I 2,304.7 i Total Operating 2,414.1 I [s] !Capital 1 I Estimate 1 135.0 i (6] Special Appropriations/Fund Transfers t Sec. 19 Tank Registration to Storage Tank Assist Fund I 0.5 1 Sec. 20(b) Storage Tank Assistance Fund j 3.6 Sec. 22 & 23 Oil/Hazardous Substance Release Fund ! 24.8 Total 28.9 [7] !Constitutional Budget Reserve Fund Balance 6/30/94 per Div of Finance (Unreserved/undesignated) 613.5 FY95 Needed to Balance with Appropriations -180.2 3371 Mental Health Capitalization -130.3 HB370, section 40 to General Fund -68.7 FY95 Settlements/Income to date 1,349.2 Projected Balance 6/30/95 1,583.5 FY96 payment from BP 350.0 FY96 Needed to Balance with Appropriations -456.6 Balance 6/30/96 1,476.9 [8] Permanent Fund Earnings Reserve Balance is anticipated to be $1,297.0 on June 30, 1996 Prepared by OMB. Division of Budget Review 2/28/95 1791-1991 I CITY OF KENAI _ rz. T Capdat o f ifh ka". FAX -- J i � TO FROM REMARKS: R04 210 Fidalgo, Suite 200 Keaai,.Alaska 99611-7794 Phone 907-293-7535 J" Fax 907-293-3014 Date. Number of Pages AGENDA KENAI CITY COUNCIL - REGULAR MEETING MARCH 15, 1995 7:00 P.M. KENAI CITY COUNCIL CHAMBERS B. SCHEDULED PUBLIC COMMENT (10 Minutes) 1. Elton McGahan - Alaska Circle Track Association/Twin City Raceways. 2. Vivian Swanson - Property Foreclosure/Government Lot 128 3. Borough Assemblyman Tim Navarre - Kenai River Overlay District C. PUBLIC HEARINGS 1. Ordinance No. 1633-95 - Increasing Estimated Revenues and Appropriations by $343.84 in the Senior Citizens - Borough Special Revenue Fund to Hire a Part -Time Gardener for the Summer Months. 2. Resolution No. 95-13 - Supporting the Alaska Maritime National Wildlife Refuge's Proposed Environmental and Visitor Education Facility in Homer, Alaska. 3. 1995 Liquor License Renewal Application - PROTEST - Kenai. Merit Inn. 4. 1995 Liquor License Renewal Application - PROTEST - Italian Gardens. 5. 1995 Liquor License Renewal Application - PROTEST - Larry's Club. 6. 1995 Liquor License Renewal Application - PROTEST - Kenai Joe's. 7. *1995 Games of Chance and Contests of Skill Permit Application - St. Francis Episcopal Church. The public is invited to attend and participate. Carol L. Freas City Clerk MAYOR'S REPORT MARCH 15, 1995 COUNCIL MEETING REQUESTED CHANGES TO THE AGENDA BY: ADD TO: B-3, Overlay Ordinance Discussion - Kenai River Property Owners Association newsletter, Kenai River Property News. WILLIAMS ADD TO: I-1, Mayor's Report - Theo Matthews FAX regarding Kenai River Sockeye Salmon Issue. WILLIAMS I-1, Mayor's Report - Alaska Statutes regarding Gaming Permits. WILLIAMS CHANGES TO THE CONSENT AGENDA MAYOR'S REPORT 1. Executive Session - Evaluations. INFORMATION LIST Kenai city council Meeting of March 15, 1995 1. 2/21/95 FAA letter regarding Kenai Municipal Airport Annual Certification Inspection Close -Out. 2. 3/10/95 K. Howard memorandum regarding Take Our Daughters to Work Day - April 27, 1995. 3. 3/10/95 R. Clark memorandum regarding Cunningham Park Marine Recreation Funding. 4. 3/95 Greater Kenai Chamber of Commerce, Chamber Chatter. 5. 3/8/95 KK letter to the U.S. Corps of Engineers regarding Kenai River Mooring Buoys. 6. 2/28/95 Kenai Alternative High School thank -you letter for the City's donation toward their 1995 graduation. 7. 3/9/95 Kenai River Special Management Area Advisory Board Meeting Minutes. 8. 3/1/95 Governor Knowles letter regarding his six -point legislative crime package. 9. State of Alaska, Department of Health & Social Services notice regarding Community -Based Health Promotion Grants. 10. 3/95 Alaska Municipal League, Legislative Bulletin. 11. 2/95 Resource Development Council, Inc., Resource Review. 12. 3/3/95 Governor Knowles letter regarding Administration's Budget Plan for Fiscal Year 1996. COUNCIL PACKET DISTRIBUTION COUNCIL MEETING DATE:���/� Mayor and Council Fire Department 'f Police Department Senior Center Library ✓ Parks & Rec. AGENDA DISTRIBUTION Borough Clerk Assembly (3) Public Wks. Sec. Public Wks. Shop Bldg. Maintenance Bldg. Official Streets Anchorage News Dan Conetta, KPB Planning Dept._ Attorney City Manager_ Finance Public Works Airport Chamber i11 Animal Control Dock (Season) STP Legal Sec. HEA KSRM Cen.Labor Clerk K. Woodford J. La Shot B. Springer L. Harvey Kim Clarion Commissions Airport(LH), Aging(LH) Library(LH) Harbor(KW) Pks & Rec. (LH) P&Z(LH) Bulletin Board ARCO e� ef-r DELIVER Council Packets to Police Department Dispatch desk. The Clarion picks their packet usually on Mondays. The portion of the agenda published by the Clarion is faxed before 5:00 p.m.