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1994-02-16 Council Packet
Kenai City Council Meeting Packet February 16, 1994 AGENDA KENAI CITY COUNCIL - REGULAR MEETING FEBRUARY 16, 1994 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 PIIBLIC COMMENT (10 Minutes) C. PIIBLIC HEARINGS 1. Resolution No. 94-6 - Transferring $10,000 in the General Fund for Shop Repair and Maintenance. 2. Resolution No. 94-7 - Transferring $3,130 in the Water and Sewer Fund for Modifications to the Heating System at the Sewer Treatment Plant. 3. *1994-95 Liquor License Renewal - Upper Deck Lounge/Beverage Dispensary - Two Year. 4. *1994-95 Liquor License Renewal - One Stop Liquor/ Package Store - Two Year. 5. *1994 Liquor License Renewal - Eadies Frontier Liquor/ Package Store. 6. *1994 Games of Chance and Contests of Skill Motel Carlo Permit Application - American Legion/George H. Plumley Memorial Kenai Post 20. 7. *1994 Games of Chance and Contests of Skill Motel Carlo Permit Application - American Legion Auxiliary Kenai Unit 20. -1- 8. *1994 Games of Chance and Contests of Skill Motel Carlo Permit Application - 40/8 Voiture Locale 1539. 9. *1994 Games of Chance and Contests of Skill Permit Application - Alaska Public Radio Network. D. 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 1. *Regular Meeting of February 2, 1994. F. G. OLD BUSINESS 1. Decision to Bring from Table - Resolution No. 94-5 - Transferring $1,581 in the General Fund for Compensation to the Acting City Manager. H. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $1,000 3. Approval - Confession of Judgment - Kenai Merit Inn. 4. Discussion - Lands That May Be Designated or Conveyed to the Mental Health Trust. 5. Discussion - Sale of Lots in Evergreen Subdivision, Kim Addition. 6. Discussion - Kenai Spur Highway Project - Additional Street Lights. 7. Approval - Change Order No. 1/Thompson Park Sewer Interceptor - $6,400.00 -2- 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 R. 1. Citizens (five minutes) 2. Council -3- MAYOR'S REPORT FEBRUARY 16, 1994 COUNCIL MEETING CHANGES TO THE AGENDA ADD: I-1, Historic District Board Applications - Marion Nelson and Dorothy G. McCard CHANGES TO THE CONSENT AGENDA ADD: C-10, Games of Chance and Contests of Skill Permit Application - Kenai Peninsula Builders Association. MAYOR'S REPORT DISCUSSION COUNCIL MEETING OF 92 /-&-ze,f 4'ei 4,-4� M S v BOOKEY SWARNER MONFOR MEASLES BANNOCK SMALLEY WILLIAMS lil M s v BOOKEY SWARNER MONFOR MEASLES BANNOCK SMALLEY WILLIAMS &� �74/-1 IM 8 v BOOKEY SWARNER MONFOR MEASLES BANNOCK SMALLEY WILLIAMS M S v BOOKEY SWARNER MONFOR MEASLES BANNOCK SMALLEY WILLIAMS S v BOOKEY SWARNER �•� MONFOR MEASLES BANNOCK SMALLEY WILLIAMS M S v BOOKEY SWARNER MONFOR MEASLES BANNOCK SMALLEY WILLIAMS Suggested by: Public Works City of Kenai RESOLUTION NO. 94-6 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA TRANSFERRING $10,000 IN THE GENERAL FUND FOR SHOP REPAIR AND MAINTENANCE. WHEREAS, the Shop Repair and Maintenance original FY94 budget of $22,000 has been depleted due to unexpected contract repairs; and WHEREAS, the General Fund contingency account has a balance of $61,895. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following budget transfers be made: General Fund From: Other - Contingency $10,000 To: Shop - Repair & Maintenance $10,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of February, 1994. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: cqa (2/7/94) kl MEMORANDUM TO: Charles A. Brown, City Finance Director FROM: Keith Komelis, Public Works Director DATE: February 1, 1994 SUBJECT: Shop - R & M - 001.32.4538 Due to some unexpected contract repairs and maintenance, the city shop repair and maintenance account is depleted. We need to do test runs and operational checks on three generator sets, but have insufficient funds in that account. Public Works recommends transferring $10,000 fro contingenc ' to Shop, Repair and Maintenance. This is the estimate our shop foreman t in is needed to complete this fiscal year. KK/kw �2-I- P •f ID r oK -7— pp 6- INA i � 9 Q , yc�s -/t �`�!� ,� &= lov v e -a Suggested by: City of Kenai RESOLUTION 94-7 Public Works A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA TRANSFERRING $3,130 IN THE WATER AND SEWER FUND FOR MODIFICATIONS TO THE HEATING SYSTEM AT THE SEWER TREATMENT PLANT. WHEREAS, the cost to switch the Sewer Treatment Plant building heat from gas fired unit heaters to a heat exchanger system is $3,397.75; and WHEREAS, an additional $3,130 is needed in the Repair and Maintenance account. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following budget transfers be made: Water and Sewer From: Sewer Treatment - Contingency $ 930 Sewer Treatment - Repair & Maintenance Supplies 2,200 1.2.16 33 0 To: Sewer Treatment - Repair & Maintenance 3,130 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of February, 1994. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: G (2/10/94) r kl CITY OF KENAI It c90 it 210 FIDALGO�{.A{G,VE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 1992 MEMORANDUM DATE: February 9, 1994 TO: Tom Manninen, City Manager Charles Brown, Finance Director FBOM: Keith Kornelis, Public Works Director SUBJECT: STP ACCOUNT TRANSFER FOB: COUNCIL MEETING 2/16/94 The STP account R&M does not have enough funds in it for the following: 1. Switching the building heat from the gas fired unit heaters to a heat exchanger operating off the existing digester boiler. The gas fired unit heaters (installed in 1974), could be dangerous if an explosive gas was to enter the plant from an unauthorized dumping in our sewer system. We often get unknown substances going through our plant. The digester boiler is already running to help the treatment process so drawing off this existing heat source is an excellent conservation of energy. It should pay for itself in a very short time. The cost is $3,397.75. This is another example of planning for future savings at our STP. Please make the following transfers: Transfer from: Contingency (010.67.4999) $ 930.00 ' Repair & Maintenance Supplies (010.67.2023) $2,200.00 Transfer to: Repair & Maintenance (010.67.4538) $3,130.00 KENAI PENINSULA BOROUGF _ 144 N. BINKLEY - SOLDOTNA. ALASKA :- 99669-7599 BUSINESS (907) 262.4441 FAX (907) 262-1892 a February 9, 1994 City of Kenai Attn: Carol L. Freas, City Clerk 210 Fidalgo Ave., Suite 200 Kenai, AK 99611-7794 RE: 1994-95 Liquor License Renewal UPPER DECK LOUNGE - Bev. Disp. - 2 Yeas Dear Carol: 2-3 i DON GILMAN MAYOR Please be advised that the Borough will have no objection of the above noted liquor license renewal based upon unpaid taxes. The sales tax accounts registered for this business are filed through their required filing periods and the tax year of 1993. The business.personal tax account and/or applicable individual' tax accounts are in compliance at this time. Please send us a copy of your City Council approva'1/objection letter for our records. Thank you for your cooperation in these matters. Si cerely, a D rleth Delinquent Accounts Post tt- brand fe5trans.mKtal memo 7671 r of P&OW ► a.R. - c1 CO. Co. qwq Fan r r tix r TOTAL P.01 STATE ALASKA WALTER/. H/CKEL, GOVERNOR DEPARTMENT OF REVENUE 550W.7THAVE ANCHORAGE, ALASKA 99501-8898 ALGIOMOLICBEVERAGE GIONTROL BAARD February 2, 1994 Carol Freas, Clerk City of Kenai 210 Fidalgo Kenai Ak 99611 Dear Ms. Freas: 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. L-GPPER DECK BEV DISP- H/M 2YRS. ONE STOP PKG STORE 2YRS. EADIES FRONTIER LIQUOR PKG STORE 1 YR. j 2* Sr FE8 1994 CITY CXERK C I N of KENA� t / 12020" CC; KENAI PENINSULA BOROUGH Ar 1 101 10R _LICENSE AP�P.�L�l��M PAGED 1 R2 /, Kapft"eUrywwis. 7bbappradb.Isfwlgom nor" Q ANledwad.ryew ❑ The sla MOM pdadbsyrrrlq AM-a— SECIM EINE201MON. Muw be- F'w. ' br allm qwm rww. 7 11 Appolan: Typo 810e111I. PAIMMI a lFerUmmaseYour Fedwai m 5 ' BEVERAGE �04.11 1994 92-0133545 = V """ wren. OR ❑ S olfbldrf�radop.ey FIlwq S1D0.6 DINSARY CITY OF RENAT Cwrwr LIQu.r Lbwm HHwfOsr if ssrM..H. Hm ra »abed or a ve st but n apoftw PaRtlly or" ElTamwera dMara�rlMPrtearWarfw.r►IABOd.11.f�10�� lipd118) �^��.�- UewweNwdw 93-2993 f.3[ rngapp0°ar°"embod'dada'imewdl" mimpo"br TOM ❑ NO �sie° � b q* wed M ra Ababob &ww.ra 81HbnHRMd $ RaHa.rlan Far am - - r'• mr- Ie awry Wall NOW" Oonwwr+r o,mr Ir.M wid hbeny Ads.aa 'dRssemrahoukkappRen"rave' UPPER DECK L.nLiNf.F. LOUIES & TERRIES, INC. iwbw 47 SPUR VIEW DRIVE 305 N. WILLOW KENAI CITY COUNCIL KENAI ALASKA 99611 CRY 210 FIDALGO .KENAI AK 99611 KEIIIII ALASKA 99611 Buarw Rand Number(m) ❑ TM B A NEW 1144eD110 ADOIMe 907-283-2277 SECTION B. PFIBaSES To BE UCENSED, MAN be'for Hlew and n.barion H1rae r M a.ed aw prbMelyR «b rfawrabp r tlwarr prwmaee: k boaabn d pnnrawynwr rm «bar ran eo RMs bem ra bowawlss eta nwnbpaMq M1irupawtiadeh. baaMp «wrMd ffawbHp.rl�? Pbassl ad" I Oblwaa nnaauad rtlar: Cbaaa Crrrh: ❑ A8 04.11.410 OR , ❑ Glewar ran Bowan ❑ Lem rm r0 miss ❑ Wd AppHbdde ❑ toeaH Oarwae No.: R.ralaw is be rowan b: 0 Plan ad,mr.d to Fire Mwawr Mo**.d for new MW p WMW WAMMP) ❑ EAmay Fmw ❑ N.w sumary O PropesulMOV O of Rwmaw AMENd 011niulmd r al MW wd "Woman SECTIONC. RENEWAL INFORMAMON.awaaa«�■air• SECTION B. PFIBaSES To BE UCENSED, MAN be'for Hlew and n.barion H1rae r M a.ed aw prbMelyR «b rfawrabp r tlwarr prwmaee: k boaabn d pnnrawynwr rm «bar ran eo RMs bem ra bowawlss eta nwnbpaMq M1irupawtiadeh. baaMp «wrMd ffawbHp.rl�? Pbassl ad" I Oblwaa nnaauad rtlar: Cbaaa Crrrh: ❑ A8 04.11.410 OR , ❑ Glewar ran Bowan ❑ Lem rm r0 miss ❑ Wd AppHbdde ❑ toeaH Oarwae No.: R.ralaw is be rowan b: 0 Plan ad,mr.d to Fire Mwawr Mo**.d for new MW p WMW WAMMP) ❑ EAmay Fmw ❑ N.w sumary O PropesulMOV O of Rwmaw AMENd 011niulmd r al MW wd "Woman SECTIONC. RENEWAL INFORMAMON.awaaa«�■air• Has sw use wbws, amemea besw.0ee we saw awae4 Hl.a rararwawralbrabl MwwtfhrgaO Uemra lust PACKAOB :rOM is 60 . rwrwa of to .Mad aar,uwrad,posswdadkrawe0besn dm0adremra aawnarrwbrrMladloMeAbdabBarw.raCw"lowd? nolb nqurod wells Ir AAC 014.645bwWaoWah y1 AaPbm w1101111111100 bommiges In wpww looms arewe? ❑ YES 9 NO ❑ YES NO ❑ YES ❑ NO ff W.I be as MWM forTmWw a UWM H Mwand RabawbR apprssronr w I I p` Yar/ar.Ar.obAoarnwrawlrMwtlwaetrMrilaarwAB04.11.670. alssa(geadMigAAressaoaalrlbwseNN ❑ Bgdw Tnwaaw. Any Movement eaewrad wMar A8 04.11.670 br poWw of app"v AS 64.11Ar0(41(B) In a boar I M bay bwabr. MO be Mad wU bra appkMon(16AA0104.IMRewe►pwowWp-p -y-wa+yedwrbrr.e..rr: (Araab war. aHwsr r Raaaaawyj BOOM TRMW%K Do" euaawl As: Pudn m HMO) BEFOM TRAWER area Adbew «tgwon Muw be eonpleI r "prowd «ea "Mmid is a oorI (AB 04.11.300) cowwooawrw LOUIES & TERRIES, INC. DOV Buaraw As (Bust«. Mwr0) THE UPPER DECK LOUNGE Drs el baorpwaloR im Aa1ka MAY 29, 1990 Mail" Adiw 47 SPUR VIEW DRIVE 8bew A — «t.oaaron a Buaasss 305 N. WILLOW a). cab, Zip oeds KENAI ALASKA 99611 Cry wad Bab KENAI ALASKA 99611 Cwpwab Office Rorie ML 907-283-3860 b rM abet rarad arpwwba In 0o0d earldr " TM ra ebb a AM" Dapwwmt of Cumme a wad Eaonmft Drraopnwt? XM YES ❑ NO Raylalwed Ap«d Pin war Mai" Addmae) THERESE C. SCHILLING 47 SPUR VIEW DR. KENAI AK AOwfs AM" PA*Iwmy years: 38 HAorwn: AgeaftFlmeno. 907-283-3660 COMORATKIR oe016Tol1e AM WrOCgHOLDRs (Um addrlonsi chars r rmaaewy) % or Shoes of Rr>41wMID'e Rattwordwra) --WORMAddism -- Down No owrowsw LOUIS B. SCHILLING MOX 7155 NIKISKI AK 99635 9-04-42 33 1/f THERESE C. SCHILLING BOX 7155 NIKISKI AK 99635 03-05-45 33 1/3 DAVID L. SCHILLING BOX 7155 NIKISKI AK 99635 06-30-68 33 1/3 c?.a3 1 j ; 64,21 7Hto AREA OFFICE USE ONLY t7awae loos« [moo Dr.darb sperm m FOM64i01 Pare 1 4Mr.7M1) 7PAOE'3:e1E3-.::.r its IC@1lw0MMIR1101f V- wIIM"%dbMlMeaAppland Wei P rrrr= fM aralpparMMlsa�pMMs14MaMnwMeeoeeftbeebrdaMlYesMale, ad pgoeasaeoSq.. as- FnalbMaepsadeeeYrarY1 RraMnlefDeMMessalrolq - - LOUIS B. SCHILLING DAVID L. SCHILLING ba�gAdMISMS .""' 11611109 era 47 SPUR VIEW DRIVE SPUR VIEW DRIVE /� � .wool. 9�Be ad• ,47 a ooftapoede I l KENAI ALASKA 99611 KENAI ALASKA 99611 1MMn. HN-Aftwes0dJriwneow.M".10000) BOX 7155 NIKISKI AK 99635 BOX 7155 NIKISKI AK 99635 " Ore al dl a Harry F4mw Warh Pharr Osae d am Haas Ph" Wok Pherr 09-04-42 907-776-8662 907-283-3660 06-30-68 907-776-8662 907-283-3660 dAYMMnewderwr aeppIc.ersoorperslla4tlerayeroapaweeereyou INK LwVMofAr/er _rrpp�eMKr.m�pa.11o..IdMdryMeapoid.aNleyiw Meli Vasa baron vows Mu" 33 PRESIDENT 25 1 VICE PRESIDENT PA rrraa IDe rift sere bo+N PA Neere (Do bsl use MdW THERESE C— SCHILLING •• Md&V Adeee. -1M g Adbew 47 SPUR VIEW DRIVE cow. awe, =pane. err, able, rep oade KENAI ALASKA 99611 Horne AdA.o (/ daerwe WMSWbg asre.q Hann AdrM.. (raMwwebae e.fag.ddwy BWX 7155 NIKISKI AK 99635 Dan of" Hans Phase worn POwu Der d am Hser Posner Wad Plmr 03-05-45 907-776-8662 907-283-366 LelgllMofAM@MFredwr11 9epp1IDS eorponron.tlwwhaum4paeroM OYOU L4MPcfAWftR 141sS M.repaeMtitlaMyaieaMpareaabyms v. Momm habt SECRETARY/TREASURER hall va.r rAwar Dona"YMr "aroapaar efts nwned.bens neM how ww dred or rdrM bereft In ay ehw dedresa be ow boreew faen ew In Maier orany sarrs11 e? ❑ NO A rEe ■ pew ehr show wore of bestow and adder VIP LOUNGE BACKDOOR LOUNGE DICK INN 47 SPUR VIEW DR. 47 SPIJR VIEW DR. 35458 K BEACH RD. KENAI AK 99611 KENAI AK 99611 SOLDOTNA AK 9969 Hasa "dolawwaapasw~ 00led sbwebesnaaerd@ddeMag.eeleI & ofA9e4,0rbeeo aeekaeesaboerrnewnrasgwd stared prwroewharerrarr clew bgMu ndpeaolreeneree"Arpderrbw"Wanann; i ANO ❑ YBB s yse, phesewglrn on espere".heel d pWar. - — Me, nr rase.nd osrMisd .!sorb rppstwe I dedre under psasity of perhsy riot I have emnined ihb sfv ailon, induding:le acoompanying schedules and statements, and to the best of my knowledge and belief It b We, correct and composts. I furtherartlfyriat 1 haversedandam famNirwMhTitle4 of 9w Alaska statutes and Itsregulatlorw and that in accordancewilh ASO4.11.450, no person orier Can to appiocant(s) or Iloerwe(s) has any direct or indirect financial Interest in twe loonsed business. I agree to provide all Infon. required by the Aloohole Beverage Control Board In support of lhls appilca* n. If application Is for a Beverage Dispensary or Padcage Store license, I certify that each appiicarR named on tills application has resided in "stale of Alaska for at bast one yew prior to the data of this application; andlor ffm appNeard is a oorporatlon registered and qualified to do business in dw state of Alaska for one yew prior to the date of this application, or all of the shwehoklers have resider! In file start of Alaska for at bast one yew prior to the date of this application. 810NA OF CURRENT APPLIC MH&TtXW EM OF TRABEFE wy - 9WeMl4sdeh114110ore1ebdw noes! gt� aubeabsdMrlewsmrbebnMeei dryd �PCP.19 _ dare .1a (� co"I�('r ^r. WWAm FOR ALAAM HorAtN(n1�JQ �/y[O 7G, b J ; ey eanwserlanapbw �O•J9- bM aansreaalae srpbw err t.11 rOC Foeeeeetl Res 2 f►1ee• 7M) KENAI PENINSULA BOROUGH 144 N. BINKLEY SOLDOTNA, ALASKA 99669-7599 BUSINESS (907) 262-4441 FAX (907) 262-1892 Z 456i'8y� February 4, 1994 c, City of Kenai `rl :� Attn: Carol L. Freas, City Clerk tip. y 210 Fidalgo Ave., Suite 200<� .• Kenai, AK 99611-7794 RE: 1994 and 1994-95 Liquor License Renewal v"ONE STOP LIQUOR - Pkq Store - EADIES FRONTIER LIQUOR - Pkg Store - Dear Carol: C-4 DON GILMAN MAYOR 2 Year 1 Year Please be advised that the Borough will have no objection of the above noted liquor license renewal based upon unpaid taxes. The sales tax accounts registered for this business are filed through their required filing periods and the tax year of 1993. The business personal tax account 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 cerely, .na�CDer1�J Delinquent Accounts O ALASKA WADER 1. NICKEL, GOVERNOR DEPARTIPIENT OF REVENUE 550 W 7rHAVE ANCHORAGE, ALASKA 99501-8898 ALCOhNOL/C BEVERAGE CONTROL BOARD / February 2, 1994 Carol Freas, Clerk City of Kenai 210 Fidalgo Kenai Ak 99611 Dear Ms. Freas: 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. UPPER DECK BEV DISP- H/M 2YRS. ✓ONE STOP PKG STORE 2YRS. EADIES FRONTIER LIQUOR PKG STORE 1 YR. TSsi� ?� FEB 1994 CITY CLERK CITY of KEW CC; KENAI PENINSULA BOROUGH ��Ar� Brwd Thb •PPft"m is or. kA•drel"o LtQUOR_LICENSE=APP.LtCAMON , PAGE 10 F.: � (P/elsset Rid -se p�Al'ets fnsbiJ�loQlrl ...�..rw. •.r � �.,,,.�.o... kt�•rs.ym5% 0Thb.r-0p•bdb0wing adaaldlllp— 71" ' of APDIceftm "' - ' L "� Rr1w1d r Ca-42 // f0 Ib far no dapprearwa ,BOrib Rw dwtab For Lbwww Y F"Wd 6N amocli, � _ O'n3 0 (BPB*h OR ❑ ouNds M•Mo�laly all_ Ucerwo RYIq Fee 00.00 lJRM -leases N1nf6w .7 ■ knwAIK has bass anafabad or own a bat Br egm4mr dry• • Post a1.lfdr ybah (AS O4.11 MO(3)) wr YES r no. sppksftn w8 b• danbd www"dom ~dam b rPw.r.0 ey+l• Me!www rl NO adO.0• F11DRy of 11Qabl•� ❑ Trwidw of tleww Nefdw ❑ Rara baaM TOW SubMtbd $ Etiw •ppOoww'• or bwwlwba'b lfab arm aso" aduar w r altaaMd a�awm rb 1bwb. �04 s �/Mi ff2dcity Dokq: Buawaw Nsb) \ n e S to n L , ;t i , es r ) C mnwnW Cana limb as M"AdAwa (ass k'aI"10r°11y yca Box 7.51/ USoldotna, Ak 99669 TM IS A NEW hV&M ADDMSS k4,� rN� Photo e) 9 um I lum a. rn . Mae w IF for Nwr wm RftooabM limb b bs •mad w p llossir or inadnnlbbp IDkkwlrfy p•n1bw: Isbosom of paafbwpaabr rim w Iaa• rim d0 nraa kart tlb bo•11drMaa a • nwMefP•Ny(boaP•bMdeh.b~wuWbdnbnk:00"7 CbM 8cyop 4ow1d.: ; - '1 Oblfttaa 1llaawnbd mmw: r, , . _ Cbaaft ,: ❑ AB aI.11.410 OR ❑ (M.a - rfaf N nftra ❑ Lama start some" ❑ Nd Approsb . I ❑ Load owww" No.: b b• •owed b: ❑ PIn• vAnird b Fin Mbdfar Pla p red for Mill ma pgw0ed Of1NB11pa) ❑ Ilwr ❑ ❑ DiM d Plwaaw AStlfad (RafsfYad for r• Naw wnl RaI d, sabdwwl SECTION . RENEWAL INFOFDAATION. Mid b• ••mPbbd for Ranbna appkwons may. Nr sb ww whim aleafere bwwnys we Saki, awaa4 Hssbdaafsaco www mm wfahwgadkwrtsabft ►ACKAM ROIL Is sib a rww" of Vw wrld aon•lnnad. poweend sWar•bndOwM drgbd6anfive •ltawnslwibmlMdbOnAbolwbDomed? n M, rs*IkW wdw l6 MC OMA" b sY - - - bft a•Pw• MAX~ baaafapab In fapoftab to wfewf omlem? ❑ YES A NO ❑ YES j2rNo ❑ YES ETNO Mr b• Onpldad far Tlwfalw of Lbanw Hofd4r and Roomo m q*Nmsm s 4nfy. C MMWV 1w)dw.AfhandomnlpMlwlldlwMwfo•-MmWpdwAS04M.670. NabOloncl dD9111 alfUnblttbinbsa(•) ❑ R@rAw Trmblw. Arty nwbataw aaammtd ufbar AS O4.11.670 for pugxb of appybq AB 04.11AW 4)(B) In a faaar bvdWrA y btalw. waft be ■tad w1h rta appfaasan(16AAC104.167).Radwpnbaa0papwlyoafwgadw Vfffb-Wwb: (ABaebwra•baw[tnaeaaaw» - .- --.BFFOFE TRMlsFEM Debs.fttaaba• Aa- n'1tr.rr.. faaarf BEFORE TRANBFEFt Strad Ad6aw or Laaafon Mal bo eonplaW I appi•a orootippleat 14 a anpmabM. (AS O4.11.9s0) t:efpsfab Nan• /Qoie Dofrp Buabtaw Ab (Sugnsw Nab) S Dab of' m, In Masts r HC a .C_11�X %S`� 8b�ntAddnwwlnoalwa fay, Bb1b. ap abaa ! CRYwa Bib Carywaa owe. Plfan. No. bowl named In rood s1m*V VM rfb Bib of Minks. DapwwlR a Canalrbb and Eowtanae Dawbp ieW YES - Rapbowrd Asat(Nana and Mliq Addnbb) ���.,/ t3p,4& l N L+ � fJ zx 7 S ApWs Abalta Raatlawy Yeas: / r7 M M: , AB•a'• P11mb No. - / COIMORK"ON OSI DUMID Alb) STOC1810L� (Lb• samml fld shaft s neasamy) � - x w Bltafaa or Rill Nis (Do not use klBlftq .. -Mono Addian Dab a Bbtlf Omens* Qr teuL) LQ Z3 ;,M JV IN 2V.- Mi.. AREA OFFICE USE ONLY lllanaalkafww Da•Appwwd ObbdMtiSq,akba _ �;r;� F•m1f aainbf np 11Rw1. TM) APPUCATION -PAQEZOFQ AL8 Ar.� 'I "M amp- HL 66101VAdbeft 14k 9 96,CO 9 Hwm--- (#dW@mWham mm" mw.l Mom. Maw (Wdlkmdham HWO hand V.ra FOAll (WON 7-541 :501 -,4 L MY, smak zo oeft MmAd*wMMWM**wffl M F40" (I -w ranOWN mums" Ham MOM wo* Pbww DMOCIMM Mane Ph" --;L I - 122,LF-Sf-1 ., - - -, , �� , i I �, T��� .. - 9 Is* iMOV I -0-00-ym hid . Lemp 40 AIWO R NOWNWime I iMOVOW Gamy" hart vn � "-'r Yewe I "X" SECTION 0. INDMIDUALMORPORATE OFFICER BACKGROUND, Dow any MdPMM «eavowr ~ nomd ebew now ftww OW dred orrdrad rsw.M in wly erwr aeMwN active. f.ewrw NMr.e IRAM"OrwWWWOWO? 0 NO 0 yes It ym " mbolk wn. of buWwmv6 wid aftem Hmm"WWONWAMOMMIN eflkwih*W bomm avblmdwoFA804.orbwn- ftwvmdP(wTftmMGmVwlftft NO ❑ VES SECTM H. DWLAmn5KV" belmW -d aerale0 by each panwty of ps" thin liave sznw-w- fhb a'p-plicallon, bxkx" Ove m000rnpanying solteck"a and statements, and to Kest of rrvy an n alerige and bellet It is true, correct and owqM*. lft~owWy#M lhew reed and erallandlarwillhT1111@4 of the Alaskastatutes and its regulations, and that in accordance with AS 04.11.450, noperson other tine appillom"s) or Now***(*) has any direct or WWW*d financial interest In the licensed business. I agree provide aH k1lormbon required by the Aloot"cBeveragaiControl Board in support of appNarion. 0 application Is for a Beverage Dispensary or Package Store license, I certify that each appficant named on Ws application has resided in in ewe of Alaska for at least one year prior to the date of this application; ancilor the applicant Is a corporation registered and qualfiled to do btreknsss in the state of Masks for one year prior to the date of Ns appikallon, or all of On shareholders have resided In the slats of Alaska for at k" ons year prior to the date of this applfttlon. SOMTUFOM OF CURMNT LICENBEE(B) tAPPLICAMn SIGNATURE(% OF TRANSFEFAMM Aft rl ftftwbW wW amm to beftFe nw Oft d"Of Cy—,-TC�F—Fl 19 e3 dyes Is_ I I— -', — CUPTIT - — AAtl KOLAiRl'AAN6R MAW J NCYrARYKMWMAve FOR A?WET 11 Wj 21 � KEIMAI PENINSULA BOROUGH 144 N. BINKLEY • SOLDOTNA, ALASKA • 99669-7599 BUSINESS (907) 262-4441 FAX (907) 262-1892 ,Z 456ig9�, February 4, 1994 �a FF9199 4 City of Kenai Attn: Carol L. Freas, City Clerk 210 Fidalgo Ave., Suite 200 Kenai, AK 99611-7794 RE: 1994 and 1994-95 Liquor License Renewal ONE STOP LIQUOR - Pkg Store - L/EADIES FRONTIER LIQUOR - Pkg Store - Dear Carol: DON GILMAN MAYOR 2 Year 1 Year Please be advised that the Borough will have no objection of the above noted liquor license renewal based upon unpaid taxes. The sales tax accounts registered for this business are filed through their required filing periods and the tax year of 1993. The business personal tax account 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 , ina ) erle Delinquent Accounts WALTER /. NICKEL, GOVERNOR DEPARTMENT OF REVENUE 550 W. 7TH AVE ANCHORAGE, ALASKA 99501-6698 ALCOHOLIC BEVERAGE CIONMOL BOARD February 2, 1994 Carol Freas, Clerk City of Kenai 210 Fidalgo Kenai Ak 99611 Dear Ms. Freas: 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. UPPER DECK BEV DISP- H/M 2YRS. ONE STOP PKG STORE 2YRS. ''LADIES FRONTIER LIQUOR PKG STORE 1 YR. 19 4�FEB 1994 an CLERK ( 'CIr oKEW t, Lg ,(202560� CC; KENAI PENINSULA BOROUGH ' # .�T�G7 VgL'- n .,IlteMtltaw�b.p'Onatl...m,-.LiQI.�DRUi'ENSE.�APP..LI�iAT[DN _ t�q w i4MW lane (Pimw rmd S IASbt/C�/O�J { -�xalbr.�MODt 1 �../�bta=I.MA�ONb�i. ��e.ZS f(.t�Mrdnrynwf�w. r�nnftr.dt..q A `"�� hi'a[OisslSd Ms.r—.9.. -D iMelr.rab*wwbtptrrq r .r.�a4 Vespttte/eralgpeearPP w- Tree Trfa.d Apple.ron:.rtp iflt.re Rebwree For Llowm Yew FeawelErf / AnrPi❑ Oum tlMerle -I FIMp t.fid�Rwm.d100.00 Pr11rHy _ �PPI N ❑ conli t Liquor Llcw es w be Twrwa Trandw l itwrww.t has Ow «move a bed fa ep *hmv dlw�rw p1Mpooemwre•?(M*4.,,�))License ❑ Rtbotret 93 -fl 333 -rl caws ifmwpm" %abea mmewan wom q..a�o. waM« of apwal, Is br the Abohob Rww.pe NO Carba TOW ISUbMNW $ Eraw eppd mK� «.bwlwere wme.rna nn.IRrq wdrer ee r efre.M Ewa. M roerrtcYOrtI� s N (Brabew N.mt Own.w" Oor "Ntnb bra mwq"s . ! a - Brabow Phone Nurrbw(e) ❑ THM 0 A NEW MOM ADDRESS // . Mud D• for flew end RMwabe . Il.ns b W ww en pnble eon «w ewbtle.q to Ide Wo prerbw: Is I4w.on of prennYwpoMb4hwn «Is rrtri r0 rrMe'.om rre bowrbnMe oM r (�wwpewYtl Mp. bmdgA «er nod nw nk42WW7 ❑ cineew Dann 00.ww ❑ Led Sun 50 niw ❑ Not Appretbb Clo.od Bd" flrorwat: I DYbrae rnaewrrea waw: -C ww GbwM: i ❑ AS 04.11.410 OR ❑ Loom ordnance No.: Prwnbw tebe draw w ❑ PWa wbnid b Fire Mtrmal (Marred for new br0 PoPsa a 4t) ❑ ❑ New Belong ❑ PIGPOMW BWWhV 1 ❑ DMgmn of PMOM AOdwd for IN Now gdovlbn SECTION C. RENEWAL INFO Muddeoompd-tor wwramweamobemr. Nr 1M nw wlrwo mw.sb ewwges bit eo14 wrow, HUS1Mtltbinw.01 tl MNW hlww[dWVWk.. MONO ►AMEAM MOM le fhb a mmmel a the ern.urn.e.ran. ....eed.nnsaewdeem drgwMwf w .lrQwn�«twA+Mwne rbuBaer mg r'. ,IBa.M man required wa« 15 AAc 014A" tow IwtAnpnnserrbrribw7 �Ji t� bwrrepee In reponme towdrw omwe7 ❑ YES NO f0 YES ❑ O ❑ YES RNO 0. TRANSFER INFORMATION, Mud be owrpMwd for Rbalw a Lfeenree floMlw bm Rtloambn tppYoalww ear. - +MdtdyTrbrlw.MtsaoaonwMwtrobeNddwebelmA urdwABoC11J70. Nwnw(gbmMd"AddsofCum :aw.yq D Mpdw Trbrttw. 0" Wi.wnwt wawrw ormw AS 04.11.if70 fo« pwpe.w of - WpV% AR 04.11.9"Xg) in ■ Imw Irrvokin" .baler, nut be Red wfd 1hr _eppMmM.(15AAC 104.104 Radar . - PMowlrodrv.reawllM..th Wale: (Arty bat. diode r neettemy) BEFORE TRANSFER. 001% Rwwaw Ac (Ruth.. Nwne) BEFORE TAAWFER. 8bod Aarew «Locmlon • Mud be eonplatd r rppMW or cc. I ob. is owpwdbn. (AS 04.11.390) Cowovwwfm Dobng BMebwe AS Mumbew flenre) - Dtb a Mca p, 01, InAlwn mm" Btrod Addis or Location of Budrmw Clr. Be" m Ooae I Clr end ewe Conpowe orbs Phone No. legw above ewnw cwpsdlbn In good wlh rn Bide a AI.eIW-D�.rrwaaconown e.ba Badnwrre fDemimprnnea7 r ❑ YES ❑ NO Atmre0 Apw. (Hrrw bnd MY/hg Aareee) Apna'e Alwtr. Reddrnry Yews: Monde: Ape.•. Phone No. . 001lOMtpN osC1O1M AND iTOCg10LSO1S (lM.adMaal deed■ r neosby) % «fflrrw d O--sw F.l Nmnne (De @W rae MGM* ►lane Adds Dar of oft ,. r , 1. , wrt=w vPr1w c Yoe WMT LbwaeNmtbw 00,Apporoa olemwe Pern.04�01 1pe 1(M.7M) a`AEM1t&LKX!O L C 6i ]♦l31� IIPPIICAZpq PAGE 21*2 iECLblftiAIORATB. 7101L' 7�.arwwrr.w�a4.f.wwe�w++�er+«.ea�wwt.eoowc a": �+'u:erogr.+.-�o�e�.a+rswrFriO.IM eYrMl�w• MM"AAMw .. •1 1U y- �yan1ii P ase, Addl'w (� �' lido MW" awl Mn Adbew (11Ron.dawwnt f nwMft wises) so ph. YYerk Phww O.le al 9Yei Mwfw Phom o—* P wMe. AA Laer yof Atd. R..M.wy ■rip.Crrr�ro .co.mwwh+»a.�,w.a.aer.yeu w aA. pow raprremp a.ron. �h.m,pwra w. Y.1-7 Mon 19res eou �i�U/ 7 7 Y/ ' add ? (Do net OwOrd ro r/� (Do oat w.rOawl MolYy Addww f � J n '� Mane Alr. (I dffwewe fmnw.iq.Obw( 4 i Man. Addn.. tf dMl.wre h.m iA/Yq.AWw) Dra.f am .. _ ON" Plop. Dor d oft:_� . Nano..Msw Wail Phan . Lwylh a Abe" Rnldwwy erFiorrwaowpaw, ,ldwafyewompo""Oft$you YY of Aw Il skraoaparrbn, wNllylMooipwMafilayou Ywro -Mrr hoK hale Yom Mrrw Dow wry kdgr..l ar.apwre afto rwnwd.bow-nw Mw wry dw.t or Mtdl'.af fntwa w wry eewr.boheao beew.ye bu.rw bww.d w ha A w«wry oewr.w7 qa NO ❑ YM Nye..ehw.Ir..nwn.olbw a.. iYwoo,-wtl.ddr.aa. �:e:rnde ll. wry.rdVldvrerasrpo �olllwreewd.bawb...00nrbrd dalaan wbwrendA84qrAw"=mftrd..��o.w..or"Wneg.a oofw..d Fww sW ntnaw wwee dOw" rlw.rMalrabaYwaMil"Gfewbr y9(NO O YES IfYak Pww wrybr an..pw.w , of ppw. " .. SECTION H. DECLARATION. MM be IOW ON MW d by..ah �Pbawy. 1 declare urder penalty of ps" that I have exarnkred tMs application, kldudbng tinan .a000rrlpylrg schedules and statements, and to ttw st beof my krawledge end belief it Is true, correct and complete. 1 furtltsr OwWy*M I have read and am familiar with Title 4 of the Alaska statutes and its regulations, and that In accordance AS with O4-11.450, no pflrsm odw than thew or Nos m*$) has any direct or Indirect financial Interest in the licensed business. I agree to uk provide all Information reqod by the Alcoholic Beverage Control Board in support of 1Ms application. If application's for a Beverage OMp*rerary or package Store license, I certify that each applicant named on this application has resided In he *ateaf Alaska fonat Mast one year prior to the date of this application: andlorto appkw, Is a corporation registered and quail led to w do busks In the *ate of Alaska for one year prior tad* date of this application, or all of the s*rehokler* have resided in the slats of Alaska for alleast one year prior to the datee tills applkealiln. tlIf1NA OF CURRE L APPL1cA S M OF TRANSFE ela.aee1O� bwwawn a bewry me oftBuwOW wq wan w balese no oft tY yC•1�� dWa is MCWMfMOM 0AMFORMAMA rarARYPll�� ors�At.�A.J2 Ml amwao.lsn wpfw � — � 8 - q (o Mir oonwlrorn wpYw . rwmo+w� row z("W. 7097) 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 i 10. (Cont.) LOCATION OF ACTIVITIES NAME CITY STREET LOCATION KRBD-FM Ketchikan 716 Totem Way KMXT-FM Kodiak 718 Mill Bay Road KOTZ-AM Kotzebue 396 Lagoon Street KSKO-AM McGrath 208 Airport Road KNOM-AM Nome 270 Third Street KFSK-FM Petersburg 404 Second Street KUHB-FM St. Paul PSD Main Street KSDP-AM Sand Point Sand Point City Building KSRD-FM Seward 5th and Adams KCAW-FM Sitka 102 B Lincoln Street KTNA-FM Talkeetna Second St. behind the Satellite KIAL-AM Unalaska PRC Building KSTK-FM Wrangell 202 St. Michael Street KNSA-AM Unalakleet 32 Airport Heights CONTACT PERSON Marty West Kellie Law Rob Rawls Susan Braine Tom Busch Matt Holmes Alicia Misikin Ruth Farrens Ron Newcome Ken Fate Laura Kardash Richard Hogarth Tis Peterman Henry Ivanoff Alaska Public Radio Network 1994 Permit Application Addemdum B. Page 2 DAYTEIME PHONE 486-3181 486-3181 442-3435 524-3001 443-5221 772-3808 546-2254 383-5737 224-5236 747-5877 733-1700 581-1188 874-2345 624-3101 10. LOCATION OF ACTIVITIES NAME CITY APRN Anchorage KSKA-FM Anchorage KAKM-TV Anchorage KRUA-FM Anchorage KBRW-AM Barrow KYUK-AM 6 TV Bethel KCUK-FM Chevak KDL.G-AM Dillingham KUAC-FM 6 TV Fairbanks KZPA-AM Ft. Yukon KIYU-AM Galena KHNS-FM Haines KBBI-AM Homer KTOO-FM 6 TV Juneau KCZP-FM Kenai STREET LOCATION 810 E. 9th Avenue 4101 University Drive 3877 University Drive 3211 Providence Drive 1695 Okpik Street 640 Radio Street 985 KSD Way 670 Seward Street University of Alaska Museum Airport Road Tiger Freeway Chilkat Center for the Arts 3913 Kachemak Way 224 Fourth Street 47550 Autumn CONTACT PERSON Diane Kaplan 1��G1�P_ 11et�tc.� Dean Hoke Susan Pearson Don Rinker John McDonald Peter Tuluk K.C. Jackson Bruce Smith Marilyn Savage Bob Sommer Barnaby Dow Will Peterson Bill Legere Paul Turner Alaska Public Radio Network 1994 Permit Application Addemdum B. DAYTEIME PHONE 277-2776 561-1161 563-7070 786-1098 852-6811 543-3131 858-7014 842-5281 474-7491 662-8255 656-1488 766-2020 235-7721 586-1670 776-5227 Alaska Department of Revenue Charitable Gaming Division P.O. Box 110440 Juneau, AK 99811-0440 Games of Chance and Contests of Skill PERMIT APPLICATION AS 05.15.020 Please read the instructions before completing this application. All sections of the application must be completed NOTICE: GAMING ACTIVITIES MAY NOT BE CONDUCTED UNTIL THE PERMIT IS ISSUED. 1. NAME OF ORGANIZATION 1E1IN ,1E. Il R� '��'rtrng�.tl4 17 �L�}c�er5 flS So C/t:c��ert Mailing Address Ae'vid", A IaSk a R'Ncli City, State, Zip Code 2. TYPE OF ORGANIZATION I 4. TYPE OF GAMES. List by common Check one box. For definitions see name if other than those listed. See AS 05.15.210. AS 05.210. ❑ a. Charitable ❑ b. Civic or Service ❑ c. Dog Mushers' Association ❑ d. Educational ❑ e. Fishing Derby Association ❑ f. Fraternal ❑ g. Labor ❑ h. Municipality &0. Nonprofit Trade Association ❑ j. Outboard Motor Association ❑ k. Police or Fire Department and Company ❑ I. Political ❑ m. Religious ❑ n. Veterans 3. ORGANIZED AS: ❑ Corporation ❑ Public ❑ Private ❑ Partnership U/Association ❑ a. Bingo NOTE: Bingo games must not be held more than fourteen occasions in a cal- endar month with no more than 35 games per session or series of games. kKb. Raffles S Lotteries Ud c. Pull -Tabs ❑ d. Ice Classics ❑ e. Dog Mushers Contests ❑ f. Fish Derbies ❑ g. Rain Classics ❑ h. Mercury Classics ❑ I. Goose Classic ❑ j. Salmon Classic ❑ k. Contests of Skill ❑ 1. Marksmanship: Rifle, Archery or Pistol ❑ 2. Races ❑ 3. Track and Field Events ❑ n. IGng Salmon Classic T. LOCAL OFFICERS (must be current bona fide members in good standing) Pen _ ! t� FOR DEPARTMENT USE ONLY Permit Number Date of Issue SA. RENEWAL APPLICATION Most Recent C , % ( Year Permit Number. 'T �' Issued: I C1q 3 ATTACH the following REQUIRED items: [� Current Alaska membership list (must have at least 2S members) Q Copy of amendments to articles of incorporation and bylaws, if any; include copy of certificate of compliance amendment and certificate of amendment/tncorpo- ratioolreinstatement. m Board resolution or minutes appointing the primary member (see instructions). ❑ Proof of filing the application with the city or borough where the gaming activity is to occur. (See instructions). (Separate gaming checking account number, bank name, address and telephone number: (c8 N a4 1 oi) a I R,,,n k o C' Alas ka �.�. }`IiFX ICi(,��. TP( 1p1, t1 `a Ska- (7Q(nj 6B. NEW APPLICATION Number of years organization has been in existence in Alaska: ATTACH the following REQUIRED items: [] Current Alaska membership list (must have at least 25 members) ❑ Certified true copy of articles of incorporation, a copy of the certificate of compliance and a copy of bylaws and national and state charters. The articles of incorporation andlor bylaws must contain a dissolution clause. ❑ Copy of IRS certificate or tax letter or tax exemption issued to nonprofit organi- zations, if applicable. ❑ Documentation showing organization has been in existence in Alaska three years or more (e.g. bank statements, correspondence to the organization, receipts for services rendered or supplied, etc.). ❑ Board resolution or minutes appointing the primary member in charge of games (see instructions). ❑ Proof of filing the application with the city or borough where the gaming activity is to occur (see instructions). ❑ Separate gaming checking account number, bank name, address and telephone number: Name and mailing address of National Organization (if applicable): GA. ESTIMATED GROSS RECEIPTS DURING PRIOR YEAR FROM ALL GAMING ACTIVITIES $ a j O r 0 0 0 68. FEE. Check the appropriate box and enclose the correct amount. If GROSS receipts from ALL (including monte carlo, etc.) Then the prior year gaming activities were: permit fee is: ❑ $0 - $19,999: or if you are a New Applicant ............................... $20.00 ❑ $20,000 - $99,999...................................................................... $50.00 a-$100,000 or more..................................................................... $100.00 NAME TITLE SOCIAL SECURITY NUMBER DAYTIME TELEPHONE NUMBER C-J�ieyQ �,r,�`�om Y�sc>>idt•n 541'2 —'7'}-4 639 --a35 (5�1 CYO -^rit�c C l[+ V1ic e eS+c�Qr� `rr y}7[q - yb (--�41 a0 5 +q�r r T l ~ V r 1 04-0826 (Rev. 9/93) (1) DEDICATION OF NET PROCEEDS. Before a permit can be granted, the organization must plan to use the net proceeds from gaming activities for the awarding of prizes, and for political, educational, civic, public, charitable, patriotic or religious uses IN ALASKA. (See Department of Revenue Statutes and Regulations for specific rules on how proceeds can and cannot be spent.) In the space below, tell how your organization plans to use the net proceeds from the gaming activities (scholarships, medical assistance, food baskets for needy, firefighting equipment). Be specific. The �Jciy1�►r�� p receoa w'dl t e u5. ej A p roynDl'e �-h� eve ll beer, of �y,e t}�Fmt;ec ,lilFl� fe Prou"ld� ec,1uta(cpnuf car -d 5 $' P �ofi -E Y Q� G� crn `,cy,elctt�gl,� s blic Cly�d 5(,Lf lmel'r 1 -f`�, %)—) jNuvt try c�, nv�et �� ��md` f5itej5. f lf-,C.AI aciiell and C� a'fd�t&A' PERSON IN CHARGE OF GAMES. This must be a bona fide and active member of the qualified organization, or an employee of the municipality. This person is responsible for maintaining the records and preparing all the required reports. An alternate member must be designated as the responsible person during the absence of the primary member in charge. If more than one allemale is to be designated, attach a separate sheet and provide the information required on this page for each. R any primary or a8emate member in charge changes during the calendar year, you are required to notify the Department of the new person(s). Submit a copy of the board resolution or minutes of meetings appointing the primary member and giving authority to the primary member In charge to sign the application on behalf of the organization. A. PRIMARY B. ALTERNATE Nam T)a4 tncent Daytime Telephone No. -1-76- 15 -tja Name FA eve )4�'c Daytime Telephone No. 4)3,5-5rJL Mailin Address C Social Security No. my Mailing Mai' Address Social Security No. �cx I.-� S 5 L_ -3fio P; �Cx -7 -sa City State, Zip Code kF'nol:AIA5k(k ggi(ea Title /' Ehve nCdV' City, State, Zip Code He h1 '7i(003 Title P e Ct I ek-ii 10. LOCATION OF ACTIVITIES. Specify where the games will be conducted, including the drawing of raffle tickets. if this location changes, you must notify both the Department of Revenue and the local government within 10 days. (For more than one location, attach a separate sheet.) if pull -tab games are to be conducted at locations other than your customary place of business, attach a Pull -Tab Vendor Endorsement and Permittee/Vendor contract for each location. List name of premises, street address. City and Zip Code for Each Gaming Activity (Attach additional pages as needed) Type of Game Game Contact Person Daytime Telephone 1- 1 11 ' l 1} oCl i )-X e 7 710 2. C�o M Ra r t r r 3. o' ti. Ilct'� /e- s t'Ile i Ir rr 4. Reim; t a1 l< r/ ll 5. 11. OPERATOR (if any). If an operator is employed to conduct the gaming activities, you must provide a copy of the contract with the operator to the Department of Revenue at least 15 days before activities commence. You may contract with only one operator at a time for each type of gaming activity. The member who has been designated above as the person in charge of the games is responsible for monitoring the operator's performance. Name of Licensed Operator Lic. No. Copy of Contract with Operator. IaG/} Q Is attached. Q Will be sent by certified mail no later than 15 days before the activities are conducted. 12. THESE QUESTIONS MUST BE ANSWERED. YES NO Q CA. Has any person listed in 9 or 10 above ever been convicted of or on parole for a felony In any state, territory, or foreign country? Q dB. Has any person listed in 9 or 10 above ever been convicted of a crime involving theft or dishonesty, or has ever been convicted of a violation in any state of a municipal, state or federal gambling law? �� ❑ C. Will any person listed in 9 or 10 above receive compensation of any kind from the receipts of the gaming activities? If yes, explain. R PercehincJz. efi the dp, 13. SIG NATURE. This application must be signed by the primary person in charge of games listed in 10A above. CAUTION: A photocopied signature 11 not' tieC` r' accepted. Make sure that the original signed application is filed with the Department of Revenue. 1 I declare, under penalty of unsworn falsification, that I have examined this application, including anyattachmenl, and that, to the best of my knowledge and belie(, it is true and complete. I understand that any false statement made on this application is punishable by low.1 further declare that two copies of this application have been delivered to the once of the city or borough in which the gaming activities will occur. Signal re Printed Name Date X �' 1 a i i V)V1 t f �tr 43 14. CITY OR BOROUGH RESPONSE TO APPLICATION. You must submit two copies otthis application to the city or borough where the proposed gaming activities will occur. Proof of filing must accompany this application. See instructions. To speed processing, please have the appropriate local government official indicate, by signalure below, the communitys approval of, or objection to, the permit. CAUTION: If this section is not completed, the processing will be delayed 15 days to allow the city or borough time to respond to this application. THIS APPLICATION HAS LOCAL GOVERNMENT APPROVAL: ❑ YES ❑ NO (Attach explanation of obiecton) Signature of Location Goveniment Official Title/City Date Printed Name of Person Who Signed Telephone Number NOTICE: ANY FALSE STATEMENT MADE ON THIS APPLICATION IS PUNISHABLE BY LAW. (2) 04-0826 (Rev. 9/93) Meeting called. by: Joanna Holher, President Agenda: topics Agenda Approval Minutes Approval OLD BUSINESS Election of Officers Gene Seay United Way Dinner Gene Seay Legislative Request. NEW BUSINESS Welcome New Member Split The .Pot Activity Pat Porter. Senior Citizens of the Year Jim Spracker: State Funding Pat Porter Fund Raising Pat Porter COUNCIL ON AGING February 8, 1994 Senior Center Joanna Hollier - Chairperson 1. CALL TO ORDER Members present: Joanna Hollier, Al Pease, Georgetta Funk, Sam Huddleston, Gene Seay, Pauline Gross, Roger Meeks Also present: Pat Porter, Linda Swamer, Loretta Harvey Joanna Hollier called the meeting to order at approximately 10:40 a.m. 2. APPROVAL OF AGENDA Hollier noted that there would not be an election of officers until the March meeting. There would be a report from the nominating committee. Agenda was approved as amended. 3. APPROVAL OF MINUTES Minutes approved as presented. 4. OLD BUSINESS Nominating Committee Report Gene Seay asked that this report be moved to the end of the meeting since Georgetta Funk was not at the meeting yet and she was part of the committee. United Way Dinner Gene Seay reported that he had attended the dinner. He said there was a lot of good food, and awards. He recommended that others take the opportunity to attend future United Way dinners. Legislative Request Pat Porter said the request is still in Mike Navarre's office regarding additional vans. She recommended that the Council send a letter to Navarre to remind him of the request. 5. NEW BUSINESS Welcome New Member - Hollier welcomed Roger Meeks to the Council. Split the Pot - Pat Porter reported that she thought the Senior Center may want to start a Split the Pot" drawing similar to the Chamber of Commerce. Tickets would be sold and a drawing would be held once a week. The Senior Center would receive had of the money and the winner would receive the other half. Joanna Hollier thought it was a good idea and thought Friday would be a good day for such a drawing. Al Pease recommended that the tickets be sold all week, perhaps at the reception desk. Porter said she would work out the details if the council was interested in pursuing a "split the pot" game. MOTION AND VOTE: Sam Huddleston MOVED that the center sponsor a "split the pot" drawing once a week. Al Pease SECONDED. PASSED UNANIMOUSLY. Senior Citizen of the Year Porter said she had spoken to Jim Spracker and he wanted the center to consider electing a Senior Citizen of the Year to represent the center. Al Pease did not think this was a good idea since it would be nothing but a popularity contest and would create ill will among the seniors. Joanna Hollier said she would talk to Spracker about this recommendation. State Funding Porter reported that Connie Sipes, Director of the Older Alaskans Commission (OAC), was proposing cutting all senior 5-day meal programs to 3-day meal programs, so more programs could be funded throughout the state. The only programs that would be held harmless were Anchorage, Fairbanks and Juneau. Porter had talked to Dorothy Westphal, State Commissioner for OAC, about this and she seems to disagree with these funding cuts and is willing to discuss this with Porter. Al Pease said he was opposed to this but if it did happen it should effect all centers equally. Sam Huddleston said the program would suffer if it was cut back to 3 days. Council on Aging February 8, 1994 Page 2 Porter said the original policy was to not take money from well established programs. This has changed, but since the Kenai center is on a 2 year grant cycle they would be okay for now. Porter said she felt when these policies are changed it should be brought before the public for comment. She just wanted the council to be aware of what might happen in the future, since they may have to become vocal about this at some point. She said she would asked Westphal to meet with the Council on Aging about this. Fund Raising Porter said it was important to keep fund raising activities going so the Center can show the OAC that they don't just rely on State money but are active in helping raise additional funds. Nominating Committee Report Gene Seay and Georgetta Funk said they felt that Joanna Hollier should continue as Chairperson and Sam Huddleston should be Vice Chairman. Other nominations can still be made and the vote for these offices will be held at the March meeting. Seay also said the By-laws should be updated. The council does not need a secretary/treasurer as a secretary is provided by the city and there is no money handled by the Council. The By-laws also require 9 members on the council and the city only requires 7. The By-laws will be reviewed by Porter. 6. ADJOURNMENT There being no further business Al Pease moved for adjournment of the meeting at approximately 11:15 a.m. Next meeting will be March 14, at 10:30 a.m. Respectfully submitted, Loretta E. Harvey Transcribing Secretary Council on Aging February 8, 1994 Page 3 KENM AMPORT COMMISSION February 10, 1994 - 7:00 p.m. City Hall Council Chambers Chairman Bill Toppa 1. BOLL CALL .-M .... . . .... � VDUA, T-7.4"I tit, *****AGENDA***** 4 ....... . HE - MM: ... M a. Disadvantaged Business Enterprise CorKwalon Plan & Airport Terminal Lease 7. AIRPORT MANAGERS REPORT 8. COMMISSION COMMENTS AND QUESTIONS 9. INFORMATION ITEMS 10. ADJOURNMENT KENAI HARBOR COMMISSION AGENDA FEBRUARY 7, 1994 Kenai City Hall 7:00 p.m. Chairman Tom Thompson 1. ROLL CALL - Election of Officers 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES - January 10, 1994 4. PERSONS SCHEDULED TO BE HEARD 5. OLD BUSINESS None 6. NEW BUSINESS None 7. INFORMATION None 8. DISCUSSION 9. COMMISSION COMMENTS & QUESTIONS a. City Council Agendas: January 19, 1994 10. ADJOURNMENT Set date for next meeting. IF YOU ARE UNABLE TO ATTEND THE MEETING ON FEBRUARY 7, 1994, PLEASE CALL KATHY WOODFORD AT 283-7535 BY 4:00 P.M. ON THAT DATE. THANK YOU. {ENAI HARBOR COMMISSION February 7, 1994 Kenai City Hall Tommv Thompson, Chairman i. ROLL CALL: The meeting was called to order by Chairman Thom -son at 7:10 p.m. Commissioners present were: Eldridge, Jahrig, Munn, Spracher, and Thompson. McCubbins arrived after elections. Commissioners absent: Knackstedt. Also present were Councilman Bookev and Mr. Kornelis from the City of Kenai. �. APPROVAL OF AGENDA: Thompson requested to add Elections and Implementaticn of Goals under New Business. ACTION TAKEN: JAHRIG MOVED FOR APPROVAL. MUNN SECONDED. AGENDA WAS APPROVED. 3. APPROVAL OF MINUTES OF JANUARY 10, 1994: ACTION TAKEN: ELDRIDGE MOVED TO APPROVE MINUTES. _MUNN SECONDED. MINUTES STOOD APPROVED AS WRITTEN. 4. PERSONS SCHEDULED TO BE HEARD: None. S. OLD BUSINESS: None. 6. NEW BUSINESS: A. Elections - Chair ACTION TAKEN: SPRACHER NOMINATED THOMPSON AS CHAIRMAN. JAHRIG SECONDED. THOMPSON WITHDREW. ELDRIDGE NOMINATED JAHRIG AS CHAIRMAN. THOMPSON SECONDED. SPRACHER MOVED TO CLOSE NOMINATIONS. MUNN SECONDED AnD NOMINATIONS WERE CLOSED. JAHRIG WAS ELECTED AS CHAIRMAN WITH FOUR YEAS AND ONE ABSTENTION. Thompson agreed to continue chairing this meeting and Jahrig will take over for the March meeting. 0 Elections - Vice -Chair ACTION TAKEN: MUNN NOMINATED ELDRIDGE AS VTC-+-HAIR. ELDRIDGE WITHDREW BEFORE HEARING A SECOND. ELDRIDGE NOMINATED MUNN AS VICE -CHAIR. JAHRIG SECONDED. SPRACHER MOVED NOMINATIONS BE CLOSED. JAHRIG SECONDED AND NOMINATIONS WERE CLOSED FOR VICE -CHAIR. MUNN WAS ELECTED AS VICE -CHAIR WITH FOUR YEAS AND ONE ABSTENTION. C. Implementation of Goals Thompson stated now that the aoals and objectives have been reviewed and prioritized, the Commission needs to look at ways to get them completed. Eldridge felt the top three short-t=rm objectives need _o be accomplished prior to the facility onenir_a this year. Kornelis stated some of the budget constraints which thev may be looking at this year is the inability of one of the lessees being able to pay the minimum bid which is 812,000. 3owever, he will place Objective No. 1, r.he widening of the floats, within the budget. To implement Objective No. 2, the annual safety audit. Thompson requested Freden and Kornelis or LaShot to represent the City and appointed Commissioners Jahria. Eldridge and Knackstedt to participate in the audit. The audit should take place in March or April when the weather has warmed up a bit. Thompson will work with CISPRI to aet some oil response equipment and Eldridge will work on a contingency plan to achieve Objective No. 3. For Objective No. 4 Jahrig will work with Freden and the City to get a concrete plan and cost analysis. ACTION TAKEN: JAHRIG MADE A MOTION FOR KORNELIS TO SUBMIT THIS RAMP IN THE BUDGET FOR THE COUNCIT_,'S CONSIDERATION. SPRACHER SECONDED. MOTION (7ARRIED UNANIMOUSLY. Thompson stated he has attended a Kenai Ri,!er Specia' Management Advisory Board meeting and a Coastal Zone Management meeting involving the Kenai River. He feels the in the future, traffic control of the boats within the river is going to become a necessity --whether it becomes drift only or one-way traffic. If this does occur additional ramps will be needea on the lower river. HARBOR COMMISSION SATE Discussion involving the liability and/or reed of deadhead. Long-term Objective No. 4. INFORMATION: None. DISCUSSION: None. ?. COMMISSION COMMENTS AND OUESTIONS: Councilman Bookey stated the ramp was discussed at their Saturday work session but their hands are tied because of the Corps of Engineers permit. The camping ordinance the Harbor Commission passed to the Council was enacted earlier and will now be enforced. The cannery worker/camper problem was also discussed at length during the work session. one of the City's parks may be opened for camping to heln allevi,:e the problem, gut this is still under debate. The Thompson Park water project will soon go out for bid. 10. ADJOURNMENT: The next neetina will he Monday. march -71004. ^n ACTION TAKEN: MCCUBBINS MOVED FOR ADJOURNMENT. MUNN SECONDED. THOMPSON ADJOURNED THE MEETING AT 8:10 D.M. Respectfully s bmitted, are e^.e Rees? . Recording Secretary i.or the Citv of Kenai XEnai Ifommunity _fd6nazy A PUBLIC LIBRARY IN SERVICE SINCE 1949 163 MAIN STREET LOOP KENAI, ALASKA 99611 REPORT FOR THE MONTH OF JANUARY, 1994 Circulation Adult Juvenile Easy Books Fiction 2166 627 1458 Non -Fiction 2535 330 516 Periodicals 145 Kits Puzzles Phonodiscs Cassettes Videos Misc. 26 8 30 86 650 90 Total Printed Materials .. 7777 Total Circulation .. 8667 Additions Docs Adult Juvenile Easy Books AV Gifts 8 37 4 -- -- Purchases 188 18 11 -- Total Additions .. 266 Interlibrary Loans Ordered Received Returned Books 67 47 69 Interlibrary Loans by our Library .. Books 87 Volunteers Number .. 26 Income Total Hours .. 316 Fines and Sale Books 1,143.55 Lost or Damaged Books 242.71 Xerox 367.00 Donations 10.00 Total Income for January, 1994 ... $1,763.26 XEnai Community -fifaty A PUBLIC LIBRARY IN SERVICE SINCE 1949 163 MAIN STREET LOOP KENAI, ALASKA 9%11 Library Cards Issued January 1994 Kenai Anchorage Clam Gulch Kasilof Nikiski Ninilchik Soldotna Sterling Other 67 1 1 7 20 1 36 8 3 144 Library Patronage ... 6,675 Persons 'T' .:r. -S. 'A M — (U C. S. ru fu (i) -T U PI rd ru CT, OJ i I I 7 LZI 17. ru (U ru 'T. M u "U jc. IU - i7, (1) ITS zr p tt G. Qr' pi 03 0) nj 7 ru rti 'S' t�; OJ �u b-I IT' Vu a- 01 �.' r C.) I'Ll T. M b - 01 CO ru iT, r0 1j) (Ij I h7 p C-0 0 4 IT, -'r M C, r) 03 V CD 0 u CL C1 LIJ W. lC X cri -C' Ej -1 !T, I 0 . r T . at fJ '7 �i' 'i, .- cf, "r� zm E: LJ I LI rd iT fitC.1 0 rr) z E ill 7 Ti rV U'l .1 i T it ji 1P T-I ul ci CT M %o M '.C' "D O'' 'S' CU 0 G .-. �) r '.C' 'S CO .+ 7 m N •i' CU u LP[ . . . ra CU S. 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C z z !fj 7 'c, CL w 0 Q --+ iU E 3 n CO F ..� E ."t QI +r, z r 0 U z w y v T. + 3' F E W w + n (D UTro Z 01 s ro ¢ a zr >1 a r� F m 0 rG J L L E•- ++ ni I C 0 0 2 » I aj f J --+ r CU 11 W i J u nl 2 U W Crz0 W ,I W H LL X 0 H i IL—cl W +-+UI;gZZ W JWHWW F- -T` CL I�Z1-4 1,Z -T' W I S t--, +-' '1 1 Ui r z 0 w w a J zO[LWWI-� c 7 �zOcLLT> c n KENAI PARKS AND RECREATION COMMISSION ***AGENDA*** February 8, 1994 - 7:00 P.M. City Council Chambers CHAIRMAN RICHARD HULTBERG i Of71 1 f%A1 1 PLEASE CONTACT KAYO (283-3855) OR LORETTA (283-7933) IF YOU ARE UNABLE TO ATTEND SO WE CAN ESTABLISH A QUORUM KENAI PARKS & RECREATION COMMISSION February 8, 1994 Kenai City Hall Richard Hultberg, Chairman 1. ROLL CALL: Commissioners present: Hultberg and Sandahl. Commissioners absent: Carlson, Gifford, Seibert, Massie, and Baldwin. Also present was Mr. McGillivray from the City of Kenai and Carrol Martin. The meeting was not called to order due to lack of quorum; however, since Mr. Martin was present to speak regarding his Beaver Creek proposal, he was allowed to do so. Carrol Martin, representing the Central Peninsula 4-H Club, des-res to ::Rake the Beaver Creek sledding hill a safer place to play with use of volunteer labor and equipment by cutting a few trees and developing a deep S-curve which would shoot the sledders away from the creek. The 4-H Club could help by clearing brush out and assist with seeding and fertilizing. Councilman Bannock stated the City may be reluctant to endorse any sledding hill because of the liability involved. Carrol Martin stated the liability is there now and with a little work the hill could be made safer. He also cited a case in Anchorage where children were using a hill which slid caused them to slide onto a roadway. The neighborhood got together, worked with the City, and organized volunteer labor and equipment to develop sled runs on the other side of the hill which did not put the children in the roadway and constructed a short chain -link fence. By working together a dangerous sled hill was turned into an enjoyable hill with much less liability to the City because the situation was now safer. Due to the multiple federal, state, and city agencies involved at the Beaver Creek location, Sandahl asked Mr. Martin if the 4-H Club would consider helping establish a sled hill at another location that was totally city -owned. He stated they probably would but desires to make Beaver Creek safer: because even though signs have been put up, there are still children sledding on the hill. Mr. Martin was thanked for his time and effort. He was advised to bring a preliminary plan with drawings to the next meeting for their further consideration. General discussion regarding areas for tent camping within the City and possibly opening up the Municipal park again for recreational tent camping. The two Commissioners present were adamantly opposed to tent camping at the Municipal Park. RENAI PARKS & RECREATION COMMISSION February 8, 1994 Paae - McGillivray discussed some drawbacks he was experiencira In developing the new budget. There are three items ze wouid like for the Commission to consider before turn:.na in t::e budget. He would talk with the City Clerk _eaardina scheduling a special meeting or taking a telephone poll. Re pectful1v,,�ubmitted, E Priene Re Recording Secretary for the City of Kenai City of Kenai. Alaska 210 Fida ..., -vu PLANNING AND ZONING COMMISSION **AGENDA** February 9, 1994 - 7:00 p.m. Chairman Kevin Walker 1. ROLL CALL 2. APPROVAL OF AGENDA 3. APPROVAL OF 11IINUTES January 26, 1994 4. PLANNING 5. PUBLIC HEARINGS a. Conditional Use Permit - Bed & Breakfast - Betty Steele Lot 13, Block 1, VIP Park Estates 2705 Watergate Way 6. NEW BUSINESS a. Review of Commercial Zones - Spur Highway 7. OLD BUSINESS 8. CODE ENFORCEMENT ITEMS 9. REPORTS a. City Council b. Borough Planning c. Administration 1 0. PERSONS PRESENT NOT SCHEDULED 11. INFORMATION ITEMS 12. COM1rIISSION C011fl►fENTS & QUESTIONS 13. ADJOURNMENT City of Kenai, Alaska 210 Fidalgo. Suite 200 PLANNING AND ZONING COMMISSION **NjU IITES`• February 9, 1994 - 7:00 p.m. Chairman Kevin Walker 1. ROLL CALL Members present: Phil Bryson, Ron Goecke, Teresa Wemer-Quade, Lori McComsey, Charlie Pierce, Kevin Walker Members absent: Carl Glick (excused) Also present: Councilman Hal Smalley; Jack La Shot, City Engineer; Loretta Harvey, Administrative Assistant 2. APPROVAL OF AGENDA Staff requested an addition under Planning: Landscaping/Site Plan Review: ANICS Kenai Hub Facility. Goecke moved approval of agenda as amended and asked for unanimous consent Pierce seconded. Passed by unanimous consent. 3. APPROVAL OF MINUTES January 26, 1994 Pierce moved approval of ■ninudes as presented and asked for umaniQona consent. Bryson seconded. Passel bby unaaistoua eonsent. 4. PLANNMG a. Landscaping/Siteplan Review - ANICS Kenai Hub Facility Jack La Shot reported that any application for a building permit in a Commercial or Industrial zone with a value exceeding $10,000 must be reviewed by the Commission before the permit is issued. The FAA plans to add a commercial antennae next to their existing building. The pad is smaller than the available area so there will be a ring of trees left around the site. The development will not require additional parking since it is tied in with the AFSS building. Kenai Planning & Zoning Commission February 8, 1994 Page 1 Bryson asked if a site plan was currently on record with the city for the AFSS building? Also if there will be top soil retained or will the area be stripped? La Shot responded that the city has a site plan on record and just the area of the pad will be cleared and stripped. Chairman Walker asked if anyone from the public would like to testify regarding this matter. Seeing and hearing none he brought the item back to the Commission. MOTION AND VOTE: Goecke MOVED approval of Planning Item 4a. Landscaping/Siteplan review ANICS Kenai Hub Facility. Bryson SECONDED. PASSED UNANIMOUSLY. 5. PUBLIC HEARINGS a. Conditional Use Permit - Bed & Breakfast - Betty Steele Lot 13, Block 1, VI P Park Estates 2705 Watergate Way Chairman Walker introduced the item and asked the Commission's wishes. MOTION: Bryson MOVED approval of PZ Resolution 94-6, Conditional Use Permit for Bed & Breakfast for Betty Steele. Goecke SECONDED. Walker opened the Public Hearing. PUBLIC HEARING Donald Aase, 349 Riverside Drive, Soldotna, said he was against the Bed & Breakfast. Bryson asked if Aase still owned lots in the subdivision where the proposed B&B would be? Aase replied that he still owned between 30 and 40 lots in the subdivision and probably six to eight of those lots were in the area of the proposed B&B. Kenai Planning & Zoning Commission February 8, 1994 Page 2 Kathleen Foster, Freedom Realty, testified that there was already one B&B in that area and she felt this house would be a perfect location since it had good river frontage. Bryson asked if the applicant was the new owner of the property? Foster, "Yes." Chairman Walker asked if there were others present who wished to testify. Seeing and hearing none the public hearing was closed. Bryson noted that his company had prepared the as -built which was submitted with the application. However, it was prepared before the applicant purchased the home so he had no financial interest in the permit, so he would vote on the issue. VOTE: Bryson Goecke Pierce Werner-Quade McComsey Glick Walker YES YES YES YES YES NA YES MOTION PASSED UNANIMOUSLY. 6. NEW BUSINESS a. Review of Commercial Zones - Spur Highway Chairman Walker noted the memo in the packet. Staff is seeking direction from the Commission regarding rezoning of the Spur Highway corridor. The Commission took a brief recess to view map boundaries. When the meeting reconvened, Bryson recommended that the area be taken in small blocks over the next few meetings. Some areas will be more conducive than others for a zoning change. Walker asked that the item be continued on the agenda under Old Business. 7. OLD BUSINESS B. CODE ENFORCEMENT ITEMS Kenai Planning & Zoning Commission February 8, 1994 Page 3 9. REPORTS a. City Council Smalley reported on Council Agenda Items. He also reported that a Goal setting work session had been held and Chairman Walker had been present. The Council and department heads had evaluated the City Manager and agreed they were very satisfied with his performance so far. Some of the goals set during the work session were to improve the quality of city services through communication and responsible management. Some specific goals had been mentioned for each department and Planning and Zoning would receive some Council suggested goals for the future. Many of the goals and objectives submitted would be addressed at Budget time. One of the Fire Department goals was for a new tanker truck. The one they have presently is very old and is dangerous to drive and operate. Goecke expressed concern because the Fire Department just purchased a new truck that was supposed to take care of all there problems in the future. Smalley reiterated that the new truck would be a pumper truck, which acts as a water reservoir for the fire truck in areas of the city were water may not be available. b. Borough Planning - No meeting had been held since last report. c. Administration La Shot reported that contractors will be starting building early this year due to the mild winter. He expects that housing starts will be up this year due to the present low interest rates. The City will have 15 lots along Evergreen Street which will be put up for bid in the near future. 10. PERSONS PRESENT NOT SCHEDIILEB 11. INFORMATION ITEMS Walker noted the memorandum which the City Attorney had prepared in regards to the Open Meetings Act. Kenai Planning & Zoning Commission February 8, 1994 Page 4 12. CODEr1QSMON CODUMNTS & QUESTIONS Chairman Walker noted that the request for a new Pumper truck for the Fire Department had not been included in the Comprehensive Plan and he felt that such requests should have been included in the plan. Councilman Smalley said a lot of the goals and objectives were not in the Comprehensive Plan but should be added when the plan is updated. Smalley added he would be gone for the next meeting and Councilman Bannock would fill in for him. 13. ADJOURNMENT There being no further business the meeting was adjourned at approximately 8:10 p.m. Next meeting will is scheduled for February 23. Respectfully submitted, Loretta Harvey, Administsitive Assistant Kenai Planning & Zoning Commission Febwary 8, 1994 Page 5 D-17 KENAI BEAUTMCATION COMMlMME February 8, 1994 *** 1:30 p.m. Public Works Conference Room 1. ROLL CALL Election of Officers for 1994 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES September 14, 1993 4. OLD BUSINESS a. Goals and Objectives for 1994 (written lists) i 5. NEW BUSINESS a. 1994/95 Budget i b. Use of Donated Beautification Funds 6. ADJOURNMENT PLEASE CONTACT LORETTA HARVEY AT 283-7933 IF YOU ARE UNABLE TO ATTEND, SO WE CAN ESTABLISH A QUORUM. KENAI BEAUTIFICATION COMMITTEE February 8, 1994 *** 1:30 p.m. Public Works Conference Room Meeting 1. ROLL CALL Members present: Loretta Breeden, Gerry Sparks, Nina Selby, Delilah Langenhuizen, Sylvia Johnson Also present: Mayor John Williams, Councilwoman Linda Swarner, Loretta Harvey Election of Officers for 1994: CHAIRPERSON: Nina Selby nominated Gerry Sparks for Chairperson. Sylvia Johnson seconded. Passed by unanimous consent. Gerry Sparks informed the Committee that she would need a lot of help because she is going on vacation for 10 days in June and has company coming in July and August. VICE CHAIR: Loretta Breeden nominated Jeanene Benedict for Vice Chair. Gerry Sparks seconded. Passed by unanimous consent. 2. APPROVAL OF AGENDA Approved as presented. 3. APPROVAL OF MINUTES September 14, 1993 - Minutes were approved as presented. 4. OLD BUSINESS a. Goals and Objectives for 1994 Kayo reported that the Council had held a goal planning session to discuss the City's future direction. At that meeting there had been some discussion regarding combining the Parks and Rec Commission and the Beautification Committee. Mayor Williams said he felt the Beautification Committee should remain intact, because they had a single purpose in mind, beautifying the city. The Mayor added that the work the committee had done in 1993 was greatly appreciated. He asked for recommendations from the committee regarding combining P&R and Beautification. Nina Selby thought the two committees should remain separate. Loretta Breeden agreed and thought some of the Goals and Objectives (G&O) should just be recommendations to other city departments and Beautification should just concentrate on flowers, etc. Sylvia Johnson noted that one of the G&O was to build a greenhouse. She mentioned that the Seniors had discussed having a greenhouse next to the congregate housing project. She suggested the committee work with the Council on Aging regarding this possibility of a shared greenhouse in the housing area. After further discussion: MOTION AND VOTE: Breeden MOVED that Sylvia Johnson, Mayor Williams and Kayo McGillivray research the possibility of building a city greenhouse next to the Congregate Housing facility. Selby SECONDED. PASSED UNANIMOUSLY. The Committee made the following changes to the Goals & Objectives: 1. Delete repair or replace cemetary gates - make recommendation to P&R. 2. Delete paint vandalized signs - refer to proper city departments. 3. Add to "purchase order requests to Bob and Kayo on time and prior to purchase" 4. Add to City Greenhouse: Investigate possibility of building the greenhouse near Congregate Housing facility. McGillivray noted a letter he had received from Trinity Greenhouse regarding the purchase of flowers (attached). They will not be able to provide plants for the flower boxes and the city will have to purchase them on a walk in basis. This will make it difficult to get the flowers needed, because there is no place to store them before it is time to plant. McGillivray thought it would be a good idea for the Committee to send a thank -you to Trinity for their help in the past. Breeden thought the Mayor had already sent them a thank -you letter. Harvey said she would check with the City Clerk to make sure a letter had been sent. Breeden said that Merle Dean Feldman is willing to provide flowers to the city again this year. She also felt that flowers, for the boxes, should be purchased through a bid process from local nurseries. McGillivray said he was willing to pay Feldman for flowers if it saved the city money. He did not feel there was time for a bidding process on flowers for this season. Also, someone would need to plan the boxes and figure out how many and what kind of flowers will be needed for each box. Breeden offered to help select the flowers and look for the best price in area greenhouses. Kenai Beautdication Committee February 8, 1994 Page 2 - 5. NEW BUSINESS a. 1994/95 Budget Kayo presented the budget (attached). The City Manager has requested that budgets be cut between 3 and 16% depending on State funding. Most of the items remained the same as 1993 budget levels, as follows: Salaries - $19,083.00 (same) Repair & maintenance Supplies - $2,500 (increased $500 for Christmas light bulbs) Operating Supplies - $7,000 (same) Small Tools - $3,750 (decreased $1,000) Repair and Maintenance $3,500 (decreased $1,000) Rentals - $250 (same) Misc. - $300 (same) Improvements other than buildings - 0 (decreased $2,500) McGillivray noted that there was a $4,000 decrease between the 93/94 budget and the 94/95 budget. Breeden asked McGillivray to look into the cost of a greenhouse. Perhaps some of the money saved can go toward the purchase of one. Breeden asked Kayo how he felt about a joint venture to build a greenhouse between the Seniors and Parks and Rec? McGillivray thought it was a good idea as long as it did not impact the Parks and Rec Budget. b. Use of Donated Beautification Funds Breeden reported that there was $729.95 left in the Donation account. $18.95 is a donation for the All -America City Garden and $218.95 has been earmarked for flowers. The remaining balance will be used to purchase roses and lilacs. Mayor Williams suggested the money be used in total and taken off the books. 6. ADJOURNMENT There being no further business the meeting was adjourned at approximately 3:15 p.m. The next meeting is scheduled for March 8th. Respectfully submitted, Loretta Harvey Administrative Assistant Kenai Beautdication Committee February 8, 1994 Page 3 Trinity AdIIM6, Enterprises dba TRMTY GREENHOUSE Growina Quality Plants F.U. box 8$2 Soldotna, Alaska 99669 (907) 262-9242 February 2, 1994 Kayo Mc Gillivary City of Kenai Parks and Recreation 210 Fidalgo Suite 200 Kenai, Ak. 99611 Dear Kayo, I'm writing you to let you know that we are going to have to make some adjustments in our normal summer procedures for the City of Kenai's flower needs this year. We would recommend the flower boxes be taken directly to each comer were they will be displayed for the summer. Your crew than could refill them with soil at those locations. Plants then could be purchased by your crew and planted in each box. The crew could select what ever plant varieties they like and get just enough to do a days work. This is basically what the crew does for most of the plantings around town and should be easy for them to add to their schedule. Nye will not be able to do the planting of the flower boxes at our greenhouse as we have in the past, nor will we be able to custom grow and hold plants for them. However, this does not mean that plants can't be purchased from our greenhouse for the planters. As you know, Bob Frates purchases most of the flowers he gets from our gm enhouse, for the city plantings, on a walk in basis from our retail displays. There will be no problem for this to be done for the flower boxes too. Also, we will not be able to custom grow and hold plants for the six "circle " planters or the "airport" sign as we have done in the past. However, Bob Frates can select any plants from our retail displays on a walk in basis for these planting areas as he has his crews begin planting them. Again, this will be just like he does for most of the city plantings anyway. NOTE: (It is possible that we may not have everthing�that is needed in stock for everyroject due to the higher retail volume we are now eneriencing at our greenhouse.) I don't think this change will impact your beautification projects other than it will require some additional time for Bob, or whoever is in charge of the crews, in selecting the necessary plants for the above mentioned plantings. Please know that we appreciate serving the City of Kenai and look forward to doing so this summer. We have been proud to be a vital part in the City of Kenai's beautification endeavors and we will continue make our top quality plants available to the city. "Great is the Lord and greatly to be praised - His greatness is unsearchabie" PS. 145:3 All the other city purchases, such as the library, will still be conducted in the usual manner. Only the three projects mentioned previously will be different. �. Please call me if you have any questions or thoughts regarding this new arrangement. incerely, -�Cvv✓ o�U Dan Sexton 1Ae.0 _ Dd-. 1_.. ",I- Mom.. _ f �I I S � f o •D O _ 0 l � 0 i . --� r�'•R� yid � SOD.00 i max �zz 9�0,00 I F/ AGENDA KENAI CITY COUNCIL - REGULAR MEETING FEBRUARY 2, 1994 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) C. PUBLIC HEARINGS 1. Resolution No. 94-4 - Adopting the National Association of Counties Deferred Compensation Program. 2. Resolution No. 94-5 - Transferring $1,581 in the General Fund for Compensation to the Acting City Manager. 3. 1994 Liquor License Renewal - Katmai Hotel Restaurant & Lounge - Beverage Dispensary/Tourism - Two Years. 4. *1994 Liquor License Renewal - Little Ski Mo Drive In - Recreational/Eating Place - Two Years. 5. *1994 Games of Chance and Contests of Skill Permit Application - Kenai Emblem Club #455. 6. *1994 Games of Chance and Contests of Skill Permit Application - Pickle Hill Public Broadcasting. 7. *1994 Games of Chance and Contests of Skill Permit Application - Fraternal Order of Eagles, Kenai #3525 Auxiliary. -1- D. 8. *1994 Games of Chance and Contests of Skill Permit Application - Alaska State Hospital & Nursing Home Association. 9. *1994 Games of Chance and Contests of Skill Permit Application - Funny River Chamber of Commerce. 10. *1994 Pull -Tab Vendor Endorsement Application - Funny River Chamber of Commerce. 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 1. *Regular Meeting of January 19, 1994. F. CORRESPONDENCE G. OLD BIISINESS H. NEW BIISINESS 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $1,000 3. Approval - Security Assignment and Consent - Lot 2, Block 1, Gusty Subdivision - Thomas H. and Dorothy C. Wagoner to First National Bank of Anchorage. 4. Approval - Lease Application - Lot 1, Block 3, Gusty Subdivision #4 - James H. Doyle. 5. Approval - Requesting Kenai Peninsula Borough to Change Platting Review Procedure. 6. Discussion - Letter Opposing HB 366 and SB 241. -2- 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 R. ADJOURNMENT -3- KENAI CITY COUNCIL REGULAR MEETING FEBRUARY 2, 1994 7:00 P.M. KENAI CITY COUNCIL CHAMBERS MAYOR JOHN J. WILLIAMS, PRESIDING ITEM A: CALL TO ORDER Mayor Williams called the meeting to order at approximately 7:03 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: Williams, Bookey, Swarner, Monfor, Measles, Bannock and Smalley. A-5. AGENDA APPROVAL Mayor Williams requested the following changes to the agenda: ADD: H-6, Additional Information - 2/1/94 Fred Braun letter regarding sport and commercial fish allocation debates. H-6, Additional Information - 2/1/94 D. J. Bower, Jr. letter regarding allocation of Kenai River sockeye salmon. I-6, Public Works Director Report - 2/1/94 KK memorandum regarding Kenai Spur Highway - Swires to Tinker. Corrected cover letter to Information Item 11 - (reference of original cover letter incorrect) Information Item No. IS - 1/27/94 AML/JIA invitation to participate in Public Risk Management Association (PRIMA) pooling seminar, March 15-18-94 in southern California. Information Item No. 19 - 1/25/94 K. Scott & Associates, Inc. - AML Host Committee Coordinator's Report. Information Item No. 20 - Senator Suzanne Little Public Service Announcement. KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 2, 1994 PAGE 2 MOTION: Councilman Smalley MOVED for approval of the amended agenda and requested UNANIMOUS CONSENT. There were no objections. s0 ORDERED. A-6. CONSENT AGENDA Mayor Williams requested the following change to the Consent Agenda: ADD: C-4, 1994 Liquor License Renewal/Little Ski Mo - 1/28/94 KPB letter of non -objection to liquor license renewal. MOTION: Councilman Bannock MOVED for approval of the amended consent agenda. Councilman Smalley SECONDED the motion. There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENT None. ITEM C: PUBLIC HEARINGS Resolution No. 94-4 - Adopting the National Association of Counties Deferred Compensation Program. MOTION: Councilwoman Swarner MOVED for adoption of Resolution No. 94-4 and requested UNANIMOUS CONSENT. Councilman Smalley SECONDED the motion. There were no objections. SO ORDERED. C-2. Resolution No. 94-5 - Transferring $1,581 in the General Fund for Compensation to the Acting City Manager. KENAI CITY FEBRUARY 2, PAGE 3 MOTION: COUNCIL MEETING MINUTES 1994 Councilman Smalley MOVED for approval of Resolution No. 94-5 and requested UNANIMOUS CONSENT. Councilman Bookey SECONDED the motion. Williams objected to unanimous consent. Williams questioned if there is a ten-day time period when the Acting City Manager takes over or is anytime the city manager is out of the office. Administrative Assistant Kim Howard stated council did not set any time specifications. City Manager Manninen has said if he is gone out of the office for a day, she would be paid the extra money. Williams suggested Administration review the matter. Manninen stated he thought something says ten days, however, when he arrived there was a resolution that stated whenever he is out of the office. No amount of days was stated in the resolution. Manninen added it may be different from when a department head is out of the office. MOTION: Councilman Smalley MOVED to table the resolution and Councilwoman Swarner SECONDED the motion. There were no objections. SO ORDERED. Williams stated to table the resolution until more information is gathered. C-3. 1994 Liquor License Reneval - Katmai Hotel Restaurant & Lounge - Beverage Dispensary/Tourism - Two Years. Clerk Freas stated the Katmai became current with city lease payments and bed tax. Freas added she contacted the Borough that afternoon and was told personal property and real estate tax was still owed. Freas referred to her memorandum included in the packet and suggested a motion to allow her to send a letter of objection if the account is not brought current by February 10 or a letter of non -objection if the account is brought current by February 10. MOTION: Councilwoman Swarner MOVED to send a letter of non -objection if the account is paid and a letter of objection if it is not paid. Councilman Smalley SECONDED the motion. There were no objections. SO ORDERED. KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 2, 1994 PAGE 4 C-4. 1994 Liquor License Renewal - Little Ski Mo Drive In - Recreational/Eating Place - Two Years. Approved by consent agenda. C-5. 1994 Games of Chance and Contests of Skill Permit Application - Kenai Emblem Club #455. Approved by consent agenda. C-6. 1994 Games of Chance and Contests of Skill Permit Application - Pickle Hill Public Broadcasting. Approved by consent agenda. C-7. 1994 Games of Chance and Contests of Skill Permit Application - Fraternal Order of Eagles, Kenai #3525 Auxiliary. Approved by consent agenda. C-8. 1994 Games of Chance and Contests of Skill Permit Application - Alaska State Hospital & Nursing Home Association. Approved by consent agenda. C-9. 1994 Games of Chance and Contests of Skill Permit Application - Funny River Chamber of Commerce. Approved by consent agenda. C-10. 1994 Pull -Tab Vendor Endorsement Application - Funny River Chamber of Commerce. Approved by consent agenda. ITEM D: COMMISSION/COMMITTEE REPORTS D-1. Council on Aging Councilwoman Swarner stated a meeting will be held next week. KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 2, 1994 PAGE 5 D-2. Airport Commission Councilman Measles reported the minutes of the last meeting were included in the packet. The next meeting is scheduled for February 10, 1994. D-3. Harbor Commission Councilman Bookey reported the next meeting is scheduled for February 7, 1994. D-4. Library Commission Councilwoman Monfor reported the last meeting was canceled due to lack of agenda items. Monfor reminded everyone of the March 6 birthday party for the library. Librarian DeForest added the library will be 45 years old. D-5. Parks & Recreation Commission Director McGillivray reported the next meeting is scheduled for February 8, 1994. D-6. Planning & zoning Commission Councilman Smalley reported the minutes of the last meeting were included in the packet. Smalley added Kevin Walker was elected chairperson of the Commission and Carl Glick vice chair. Smalley added the only long discussion during the meeting was regarding a Conditional Use Permit for Payless Car Rental. D-7. Miscellaneous Commissions and Committees Councilwoman Swarner reported a Beautification Committee is scheduled for Tuesday, February 8, at 1:30 p.m. at City Hall. Swarner added she would not be able to attend and requested another councilmember be present. ITEM E: MINUTES E-1. Regular Meeting of January 19, 1994. Approved by consent agenda. KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 2, 1994 PAGE 6 ITEM F: None. ITEM G: OLD BUSINESS None. ITEM H: NEW BUSINESS H-1. Bills to be Paid, Bills to be Ratified MOTION: Councilman Smalley MOVED to pay the bills and Councilman Measles SECONDED the motion. There were no objections. SO ORDERED. H-2. Purchase Orders Exceeding $1,000 None. H-3. Approval - Security Assignment and Consent - Lot 2, Block 1, Gusty Subdivision - Thomas H. and Dorothy C. Wagoner to First National Bank of Anchorage. Administrative Assistant Howard stated the lease payments and taxes were current. Attorney Graves had no objection to the assignment. MOTION: Councilman Smalley MOVED for approval of the security assignment and consent of Lot 2, Block 1, Gusty Subdivision from Thomas H. and Dorothy C. Wagoner to First National Bank of Anchorage. Councilman Measles SECONDED the motion. There were no objections. SO ORDERED. H-4. Approval - Lease Application - Lot 1, Block 3, Gusty Subdivision #4 - James H. Doyle. Administrative Assistant Howard stated Administration had no comments. Attorney Graves stated he had no comments. KENAI CITY FEBRUARY 2, PAGE 7 MOTION: COUNCIL MEETING MINUTES 1994 Councilman Smalley MOVED for approval of Item H-4 (lease application for Lot 1, Block 3, Gusty Subdivision #4 to James H. Doyle) and Councilman Bannock SECONDED the motion. There were no objections. SO ORDERED. H-5. Approval - Requesting Kenai Peninsula Borough to Change Platting Review Procedure. MOTION: Councilman Smalley MOVED for approval of Item H-5 (requesting Kenai Peninsula Borough to change platting review procedure) and Councilwoman Swarner SECONDED the motion. Swarner requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. H-6. Discussion - Letter Opposing HB 366 and SB 241. Williams stated he requested Clerk Freas draft the letter as he had received requests from constituents to have such a letter sent. Williams reported while he was in Juneau, all five of the Kenai Peninsula legislators went on record opposing both the bills. Williams added his position is the Alaska Legislature set in motion a board to make the decisions. If these bills take effect, the Kenai Peninsula is singled out and treated differently than anywhere else in Alaska. Williams added the commercial fishing industry is a major supporter to the community. Williams stated he would go on record saying the Legislature should not involve themselves in biological policy making. Bannock stated he has not seen a copy of the bills. Bannock added he was concerned to take a position without seeing the bills, however he has received a lot of background information and reviewed it. Bannock asked if there is any recourse for adjusting an allocation or decision by a fish board other than giving the responsibility to the Legislature to oversee. Williams stated he could not answer that, however the Board's power is all -encompassing. Some cases have gone to court. Monfor stated the Board of Fish was petitioned to open up for Cook Inlet. The Board found not to have a meeting because there KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 2, 1994 PAGE 8 was no biological data saying to open it up. Williams stated if the Legislature gets involved they will by-pass biological information. Bannock stated he was concerned if this was the right action to take or not. Bannock added he did not like that portion of the letter referring to the letters from Kenaitze Indian Tribe, the Cook Inlet Aquaculture Association, Inc. Bannock added those entities have direct financial interests. Bookey stated he feels more comfortable with that portion removed. Bookey added if that portion was stricken from the letter, he would vote for approval of the letter. Swarner stated she agreed the Legislature should not allocate fish anywhere. Swarner added she had a problem pitting two groups in the community against each other. Williams stated the City has done that before, i.e. Old Town. MOTION: Councilman Bannock MOVED to strike that portion of the letter referring to the Cook Inlet Aquaculture and the Kenaitze Indian Tribe. Councilman Measles SECONDED the motion. There were no objections. SO ORDERED. MOTION: Councilman Smalley MOVED to send the letter with the deletions and Councilman Measles SECONDED the motion. There were no objections. SO ORDERED. Williams suggested the letter be sent to the city's State delegation and copies to the Cook Inlet Aquaculture and the Kenaitze Indian Tribe. ITEM I: ADMINISTRATION REPORTS I-1. Mayor a. Cremo Plan - Williams reported while in Juneau he attended an Alaska Conference of Mayors hearing on the Cremo Plan. There were also three additional public hearings by the House and Senate. The Plan is getting a full airing. KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 2, 1994 PAGE 9 b. Kenai Spur Highway - Williams reported he attended an interesting meeting with Commissioner Campbell regarding the Kenai Spur Highway expansion project. Kornelis will report more later. C. Goals & Objectives Workshop - Williams stated he met with Manninen and Freas to plan the workshop scheduled for Saturday. I-2. city Manager a. Kenai Spur Highway - Manninen stated he attended the meeting with Commissioner Campbell also. They had a serious discussion regarding placement of street lights along the highway. Campbell requested the City maintain the lights. Mayor Williams said no. Manninen added Williams stated they did not like the number of lights the State wants the City to maintain. However, the topic was left open for discussion providing Kenai was not the only city in the state to pay for street lighting. b. Goals & Objectives Workshop - Manninen reported he and Williams met with Charles Alvarez and discussed the possibility of him being the facilitator of the workshop set for Saturday. Manninen added Alvarez has done similar workshops for the Economic Development District, etc. Manninen suggested a neutral third party may make the workshop more successful. Manninen requested Council's approval to have Alvarez facilitate the workshop. There were no objections. Manninen asked if Council wanted department heads to attend the workshop. Williams stated he thought Council would be very busy just getting through the goals and objectives. Williams suggested department heads could be involved in a second workshop later on in which more specific information would be reviewed regarding different goals. Monfor asked Williams his feelings of having a third -party facilitator. Williams stated he thought it an excellent idea. Swarner stated she agreed with Williams regarding department heads attending a later workshop. Council approved a third -party facilitator and decided department heads did not have to attend the workshop. However, they were welcome to attend if they wanted. KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 2, 1994 PAGE 10 Williams stated the department heads do a tremendous amount of work. Williams added he believed no major corporation gets more work out of their supervisors than the City gets from their department heads. Williams stated they do a very efficient job. Swarner added in regard to the meeting with Commissioner Campbell, Campbell spoke of the City being responsible for some of the utility bills for some of the street lights. Power to lights placed outside of the cities will still be paid for by the State. C. AML Conference - Manninen reported he received a letter from John Torgerson, Chair of the AML Host Committee requesting an additional payment from the City of Kenai for costs of the conference. Manninen read the letter. Williams stated Council, when working on the budget, decided they would pay $4,000 initially as their share of the conference costs. If additional costs were incurred, Council would discuss paying more at that time. Williams added the AML Host Committee is short $1,087.99 and requests the City of Kenai to pay this amount as their share. MOTION: Councilman Measles MOVED to pay the $1,087.99 as he believed the Council made a commitment to do it. Councilwoman Swarner SECONDED the motion. There were no objections. SO ORDERED. d. Historic Board - Williams stated he will submit a list of names for placement on the Historic District Board for the February 16, 1994 meeting. Williams added he will not be in attendance at that meeting. However, he would like to have Council review the names in his absence and give an indication to Williams at the March 2 meeting if they approve those names. I-3. Attorney No report. 1-4. City Clerk No report. KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 2, 1994 PAGE 11 I-5. Finance Director No report. I-6. Public Works Director a. Kenai spur Highway Expansion Project - Kornelis referred to his memorandum to Manninen distributed at the beginning of the meeting. The memorandum discussed the street light placement included in the expansion project. Kornelis pointed out the sites for the lights on a map placed on the wall. Kornelis stated the State wants the City to pay for maintenance, operation and utilities for lights they think are non -safety transition lights between Swires and Tinker (12 lights). Monfor stated her anger and stated she could not believe the State would take the most populated city on the Peninsula with the heaviest amount of traffic and not put in the lights. Williams suggested to Commissioner Campbell the State turn off every other light in Sterling in order to afford to pay for those lights for which the State wants the City Kenai to pay. Williams added he told Campbell the City of Kenai would do whatever any other community does in regard to the lights. Williams stated it was his opinion the Kenai Peninsula Borough does not have powers for paying for operations and maintenance on street lights unless it is a service area. Therefore is it proper that those residents in the Kenai Peninsula Borough should escape paying for lights when the City of Kenai residents have to pay for lights. Williams added he does not see the Municipality of Anchorage paying for lights at the Girdwood intersection. Williams added it was his understanding the discussion would be left open and that comments from the City and State engineers would determine which lights were necessary. Monfor asked if the lights are paid for with federal monies. Williams stated the installation of the lights is part of 9010. Kornelis stated he asked about the Sterling lights and others in the state. The State said this is a new idea and they are starting with this project. Kornelis added when the Sterling job is mentioned, the State says they over -designed it. KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 2, 1994 PAGE 12 Kornelis pointed out which lights for which the city would have to pay (six from Soldotna to Swires and Tinker). Kornelis added the State has said this is not a negotiated item. They do not consider any of those lights as safety lights. The increased traffic into the area was discussed. Williams stated his opinion those lights are safety lights and very much needed. Swarner suggested Representative Navarre be contacted and told this information brought forward tonight and have Navarre write a letter. Williams suggested that if a letter is times of concerns, i.e. equality (City lights per mile, and turning out every and other areas, amount of traffic at etc. MOTION! to be written, it lists vs. State), number of other light in Sterling streets going to schools, Councilwoman Swarner MOVED for City Manager Manninen to write a letter and Councilman Smalley SECONDED the motion. Councilman Smalley requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. I-7. Airport Manager No report. Executive Session - Williams asked Council if they wished to forego the evaluation of the city manager. Monfor stated she did not feel comfortable doing an evaluation at this time. Goals and objectives have not been set and the city manager has only been on the job for six months. Monfor added she did not think she would have much input on the basis of a written evaluation. Swarner stated she felt strongly an evaluation needed to be done in private whether a written evaluation form is used or not. Swarner added she thought they owed it to him and the council to do the evaluation. Swarner suggested the evaluation be done after the citizens comments. There were no objections. KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 2, 1994 PAGE 13 ITEM J: DISCUSSION J-1. Citizens (Verbatim) a. Dan Pitts - PITTS: Yes, my name is Dan Pitts. I'm president of Kenai Airport Fuel Service. I was here at the last member, excuse me, the last council meeting. I brought up some issues that ah, that had ah, definite concern for myself and our, the viability of our fuel business. I know that several of the council members were not ah, were no present at that, that meeting as was not the city manager. And, since then I have met with the city manager over our concerns of our business. Our business is basically fueling aircraft and ah, and ah, my personal business is to lease space at the airport for freight business. Ah, the issue that I brought up, was ah, was of particular concern to us because our, our main customer, who I lease space to, whose been operating off this airport since 1982, and who hauls probably over one million pounds of cargo that's purchased in the local area to the ah, communities of Illiamna, Port Alwsworth, Nondalton, Spervon, and also over a million gallons of fuel came to me and ah, and told me that because of the ah, the unfriendly airport environment having to deal with the airport management they were leaving the airport and they were moving to Soldotna. WILLIAMS: Excuse me just a moment. You run through that again now. He has said to you that he is definitely leaving? PITTS: Ah, I sent a copy of Cliff Everts letter to ah, to all the councilmembers and I hope they had a chance to read it. Ah, he has ah, he's brought up some concerns and he, you know, nothing is definite until it happens, but he has told me that ah, he is, he is concerned with how he's treated on this airport. How his ah aircraft, ah, is being interfered with, with loading of their aircraft and ah, ah, he said he doesn't need it. He can get, he can do the job in Soldotna and ah, and they are a little more receptive to his operation than ah, than we are in Kenai. Ah, this concerns me because ah, my company just ah has spent ah, over $500,000 in the last three years upgrading our fuel system out there and we're just about to go on line with it and ah, as I KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 2, 1994 PAGE 14 said, Mr. Everts is 75% of our business and ah, we're looking at ah, at ah, total financial disruption of our, of our project out there. Ah, there's no way that we can pay ah, pay the load, the debt service on what we've done out there if, if he leaves. Ah, ah, I appreciate Tom Manninen for, for meeting with us. He has had an open-door policy. He does return calls ah, I realize that ah, but I don't think his, his assessment of our situation is entirely correct. Ah, I don't know if you've had a chance to read his letter to us concerning ah, his answer to us, is January 26, 1994 ah, where ah, currently what is at issue is a road that six months out of the year is ah, is covered in snow. At night you can't see it if you're taxiing a large aircraft ah, and ah, what it is, is something this council voted on in June. Ah, the Airport Commission studied this road. It's a vehicular access road. It cuts right through our special use area that we lease that we insure ah, to load and unload aircraft, to fuel aircraft, and ah, it's, it's a road that ah, that twice the Airport Commission voted to ah, abolish. Ah, the City Council ah, last June, in a after an emotional plea by the, by the Acting City Manager, voted with, with really, without any input from, from any of those involved, voted to keep the road and wait till the new city manager came, came to town. Well, ah, like I say, we, currently we lease a special use area that's right in front of our area. We insure this area and ah, it's an area that is, is primarily for loading and unloading aircraft. That's, that's what the FAA purpose for this area is and ah, we are continually being interfered with by the Airport Manager, loading and unloading aircraft. Ah, my main concern is, is ah, last week Mr. Ernst drove his aircraft in between, or excuse me, his ah, pick-up truck in between a loading aircraft, loaded with ah, that had ah, equipment loaded on a forklift that was loading into this ah, aircraft. Ah, and got out and shook his fish, fist at the captain because his wing tip was four feet over the line. Ah, the captain tried to tell him, "Hey, I can't see when I'm 20 feet in the air in this aircraft. I can't see where you're line is. It's covered in snow and you know, I'll move it. And so he did. But ah, this goes on continuously. And this is the, this is the reason that, that Everts Air Fuel has told us, "Hey, we're out of here." It's an unfriendly environment. And I know this is something that the City Council has heard over and over and over again from ah, the businesses that are on the airport, from KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 2, 1994 PAGE 15 the, the people that work on the airport, and ah, my concern was, ah, ah, if we lose Cliff Everts we're done. We're done. Our fuel, our, our investment out there is for nothing. And ah, all these issues are issues that make absolutely no sense. Ah, Mr. Ernst, takes preference over vehicles rather than aircraft and ah, what is an airport loading area for? Is it for aircraft or is it for vehicles? And ah, in fact, ah, I would, I would pay for a study to see how many vehicles use that road and ah, you know, there are days and days and days that you don't even see a car on this road. And, ah, if we're loading aircraft, they can go around us. There's plenty of room. I mean this issue has come up again and again and again. Ah, and you know, personally, I'm tired of it. I mean ah, I've leased the space. I insure the space and all we want to do is business out there. We want to do business without being interfered with. Ah, if we were doing something unsafe, ah, it's not in our best interest to do something unsafe because it's our butts that are on the line out there. And ah, ah, what I would appreciate, I would ah, I would ah, ask this council to do is please, how about, tasking your, your Airport Commission to study what these problems are. Look again at what these issues are. Ah, don't turn your back on us out there because, you know, this is, this is something ah, that ah, that is ah, is not going to go away. I mean, ah, time and time again, I've, I've got customers that won't come to this airport anymore because of the fact that they're treated unfriendly here. And I know it's something that you people have heard over again and I know you're tired of hearing it. But, ah, this will not go away until, till the City Council looks into it. Until they take action. And I ask you tonight to take action. To task your, your Airport Commission to ah, to investigate what we've got to say out there. And write a report to you. And ah, see if we can get this straightened out. The ah, last thing I have to say is an old saying that says, "never saw off the branch that supports you." And ah, that airport has been a, a, a, a real profitable ah site for this city. It's done a lot for this city and I, I just, on my years of leasing space out there and developing property out on this airport, I continue to see businesses leaving this airport and ah, ah, when cities like Soldotna have got their airport going and, and cities like Nikiski that are building their airport out there, ah, it's time for us to take, take a look at what's going on and to pay attention and to ah, and to ah, look into these issues and, and help these businesses on the airport. KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 2, 1994 PAGE 16 Anybody have any questions? WILLIAMS: Questions for ... thank you. Someone else? Well, the Council's had this issue before it in the past. You also indicated, as I recall, a conversation too that we would wait until the new city manager came on board and give that to him as one of his first hot potatoes to try to cope with. Council may recall some months ago that ah, I had offered a suggestion that ah, perhaps we bring a third party into this discussion by way of the FAA and ask if perhaps they could furnish us with a facilities engineer to come down and look at that part of the airport, the overall plan, to determine whether or not there may be something different that can be arranged to accommodate or whether there needs to be anything different or arranged to accommodate. Our Airport Master Plan was completed seven years ago. It might very well be good for us to have the FAA examine that plan to determine whether or not what was anticipated to occur did occur in that seven years or whether or not there is room for change at this point or whether there should be change. I believe, because of ah, because of all of these things that are occurring there that perhaps it's time that we do take a very, very good look at the entire physical layout. Ah, now, and in defense to Council with regard to some of the things that Mr. Pitts said, I didn't read Mr. Everts' letter quite the same as Mr. Pitts explained it. Ah, I see where Mr. Everts or Everts Airfield has some, some difficulties in their business coping with growth, ah, with enlarging their services due to the limited space. They also have a problem with what to do with their aircraft if they leave Kenai. They can take one successfully to Soldotna, but the other one can't go to Soldotna. Ah, there are several things, several elements here that have to be looked at. I believe that there's a lot of room here where some work can be done. Some ah, reviews can be taken. Some thoughts can be incorporated that we might be able to take care of this problem. I believe that there was an error on the part of both Mr. Pitts and the Council. First of all in allowing ah, in Mr. Pitts' determination, to put your fueling system where you put it. I believe that's an error that can be looked upon now and maybe thought of differently. I believe the Council erred in allowing Mr. Pitts to lease that special service area in front if we were KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 2, 1994 PAGE 17 insistent that that road was going to go through it at the time. That road goes right through an area that we did lease to him. I hadn't thought about the issue of insurance and the liability of that if Mr. Pitts in deed, as he says, has to insure that entire area and we have a road transitioning that area, ah, if that in fact, relieves some liability to the city or not. So I just think that there's a tremendous area that has to be examined here and I'm hoping that ah, somewhere along the line we the Council, the Administration, the airport management, Mr. Pitts can get together an solve this problem. There's a whole area of examination here that should be reviewed. Councilman Bookey. BOOKEY: Thank you Mr. Mayor. I have been wrestling with this since our last council meeting because the day after our last council meeting I went over to the airport myself and visually inspected this thing. And I'm not sticking up for either side of this issue, tonight's, but there's pros and cons, goods and bads on both sides and I believe that Mr. Pitts' operation is viable and it's a needed situation and I'd be the last to drive anybody out of here. But, when you take a business that doesn't foresee its own growth rate and it tries to do something and expand ... We've been good enough to give him a Conditional Use Permit in order to do that. I don't ever see this problem ever going away because of the fact that on their lots, they'll never be able to get these larger aircraft into this lot. This is going to be ongoing forever. You know, I have a problem with that because I also look at the other aspect of this road, following the day after our last council meeting. I went to the airport and sat there for an hour and one-half. I visually watched three vehicles come through that road. I think you guys can sit there and help yourselves with your own customer relationship by sitting there and taking those pilots as they come in and guide them into the spot that they've got park indicated. I mean, it can't, you, you can help yourselves here just as much as we can help you. PITTS: Councilman Bookey, these, the people at Everts Air Fuel is a non-scheduled carrier. They are.... WILLIAMS: Would ... Mr. Pitts. We need to have you (directed him to the microphone)... KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 2, 1994 PAGE 18 PITTS: Ah, you have to realize that Everts Air Fuel is a non- scheduled carrier. They ah, most of their business is, is like I say, "We are the gateway to Lake Clark." That's exactly where all there business is going. They're buying, they're buying toasters and furniture from KMart and, and from all around here. Ah, they're, they're loading odd -shaped cargo into their aircraft. They carry everything in those aircraft. Ah, they can get a pick-up truck in those aircraft. Ah, they, they are a non-schi times of the day and night. the time waiting for them to they're going to be able to, in. Ah, and what I think yo, realize is that the aircraft aircraft. That is what it's aduled carrier. They come in at all Ah, we cannot have someone there all show up because we don't know when when they're, when they're coming a folks have to realize and should ramp is for loading and unloading designated by the FAA. Now, I, I appreciate Mayor Williams saying "let's get a third party in here." And I wholeheartedly ask you and, and beseech you to get a third party in here. You know, ah, we feel we're experts. Ah, the fellow that, the captain for Everts Air Fuel has been flying in Alaska large aircraft for 26 years. Ah, he's been in and out of every airport in this state. He knows what's going on in the state and he's not going to do anything that's going to be unsafe. It, it just doesn't, it's not in his, in his operation. They just don't do ... Our, our people are trained. We're not going to do anything unsafe. Ah, the vehicular traffic is secondary to what the airport is for. The preference of the airport is loading and unloading... BOOKEY: I understand that, but you also have to look at us, us as a city and a community and the lessees above and beyond you are entitled to have as much access as you are. And, and you seem to think from every indication from you guys, on every time, that airport area is yours. And, I, and I do not agree... PITTS: No, no, no, no... BOOKEY: You have to give those people above you the exact same access to do that... PITTS: We do not deny access to anybody. There is enough room on that aircraft ramp, when we're loading an aircraft, like during the fish haul, or whenever. When we're loading an aircraft, I have a freight building. Then I'm ah, I'm part of a KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 2, 1994 PAGE 19 corporation with ah, Mr. Eichholtz that has a fuel business. And ah, I lease space to, to ERA, to DHL, all these other people. And when we're loading an aircraft, there is plenty of room for someone to just drive around without ever impinging on controlled areas that the FAA would be concerned about. There is, there is so much room... BOOKEY: And, and if that's the case, why can't they move the aircraft ahead another fifty feet and take care of the problem that way. I mean, in that way the people that are non -aircraft control or non -aircraft people know that that twenty feet is theirs and those people can come and go on that twenty feet. It can.... PITTS: Okay, well these guys, these guys... BOOKEY: I'm not, I'm just saying there's got to be a happy medium here. We've fought this issue for a long... PITTS: ...for a year. It's, it's, it's... BOOKEY: ...It's ridiculous. PITTS: Well, it's come to the point where the people that ah, that I lease space to and that I sell fuel to say, "hey, I can't take it anymore." You know ah, we're out there fighting over a line that's covered in snow. Ah, the airport has decided that we got to have an access road and ah, when I talked, I have talked to the, the, to the ah, the tower chief that, that runs the airport and ah, he has told me personally, and ah, I don't, I don't have it in writing here, but he told me we don't have enough traffic at the Kenai Airport to even justify a vehicular road. That was his word to me. Now, all we want to do is load and unload aircraft without being harassed. That's all we want to do. We're not asking for anymore than that. Ah, we're not, we are not denying anybody access to that ramp to or from anywhere when we're loading. We're not denying anybody. The FAA, when they come through there from the maintenance shop, they drive around the aircraft, which is what everybody does. Now, do you want a road that directs traffic right between where you're loading and unloading. It doesn't make sense. If you look at, if you look at Anchorage International. Fairbanks... their vehicular roads all go on the outside of where they're loading their aircraft. If you look at the terminals ... go look at the terminal in Anchorage the next time KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 2, 1994 PAGE 20 you go to the Anchorage terminal. Where are those jets parked? They're all parked right up against the buildings where they're loading and they're unloading cargo and passengers. Their vehicular road goes around the outside. Simple solution. Run it around the outside. You know? It's a very simple solution. Well, you know, I just ah, let's get a third party. Let's get their opinion and ah, and come down here and talk to us. I'm for that. I'll go for it all the way. But ah, you know if, I'm just trying to save my business. You know? Jim? That's my whole thing... BOOKEY: And I don't want, I don't want to impinge it anyway, I just, Dan, it's hard for me to sit here. You know how I correlate this in my own mind? We gave you a Conditional Use Permit to use that outside issue. If I came in here and asked, I own an RV park in town, and I come in here and I say, "geez folks, I'm full all summer long and I need, I need some more use. I need a Conditional Use Permit to the Visitors Center parking lot." Okay? To me that's not fair to the rest of the world. And to you, we've given you a special Conditional Use Permit to suffice your business at this point. But I don't see this ever changing. You're not going to be able to ever get those large aircraft on your property. PITTS: You're right. BOOKEY: You know, so, you know, there's no lease to this thing. It was a token cost, we'd give it to you. I don't buy us giving... PITTS: We realize that anybody can park an aircraft in that spot. It's, it's a non-exclusive lease. We've agreed to that and ah, I understand that we are allowed to load, unload and load aircraft and we're allowed to fuel there. Well that is not happening. We are not, that, we are not able to use that for that purpose right now because, ah, Mr. Ernst, ah, will come out there and he'll, he'll, he'll shake his fist at the captain and he'll say, "you guys get, get your aircraft off the line." Even though you can't even see the line and, and these guys are doing what we are allowed to do on our special use thing. And, you know, I appreciate that. That got us back into business. I mean ah, you know... WILLIAMS: Let's us, let's kind of move on. The biggest, the single problem here in this particular issue, there may be other issues, but as I review the map and the drawing of the area that KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 2, 1994 PAGE 21 includes your conditional lease, special lease area in front of your property, is that the road goes right smack through the area that was given to you as a conditional lease. And I'm not sure if at the time that lease was issued that, that permission to use that portion of the ground was issued, full consideration was given to the fact that that road didn't go right smack through there... MEASLES: Yes, it was... BOOKEY: Yes, it was... WILLIAMS: Full use? I just don't remember. All right. GRAVES: It says that in the lease... WILLIAMS: I think that ah, that's right, it is. I recall that now. There is the issue of that road through there. But I think that's the part that's the stickiest part of all. That road goes right smack through where he intends to do a great deal of his work. Physical work to load the aircraft. He's got a transition ah, his materials from his property to the aircraft across the special leased area and across that road. And there are times, and I've seen pictures, when materials are parked across that road, either intentionally or unintentionally, but materials get parked across that road and block that road. When that occurs that, it creates a great concern to the Airport Manager because the road designated is then blocked off. The question is, does that road have to be right there? Can the road go around the outside rather than go right through the middle. That's the main question. PITTS: The road can be anywhere you want it. It's the City's property. The City can do whatever it wants. The FAA, that was already a part... WILLIAMS: That's ah, that's where I say, that's where I say... PITTS: ...that has already been a part of the solution. We pounded that out before. Hey, run it outside of us. Mr. Ernst was against that. WILLIAMS: All right. That's where I say let's bring the FAA facilities engineer down here. Somebody with expertise in airport design. Separate the two issues of the City versus the KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 2, 1994 PAGE 22 lessees, the management versus the operators and bring that third party in and let them take a look at it and let them say it would be a better idea to do it this way instead of that way and will go forward. PITTS: That's ah, that's a terrific suggestion. I am in full agreement with that. I have no problem with that. WILLIAMS: Councilman Measles. MEASLES: Just a couple of comments. Again, as I read ah, Mr. Everts' letter, his biggest concern is room for staging his cargo. This is not going to solve that concern. BOOKEY: That's right. PITTS: Well, right now, after ah, after pulling our tanks out of the ground, we found contamination from ah previous oil spills. Ah, some of it ah, was incipient ahhh fuel that had been dropped by us. Some of it had been spilled on our property by other companies. Ah, other fuel companies that ah we have documented spills for. We have ah, we have taken it upon ourselves to clean this up and that's what we're doing and right now we have ah, we have ah, a six hundred yard hole in the, in the middle of our, our ramp area that we lease, ah, that ah, we were hoping to address this, well, which we will address this spring. And ah, and ah, clean up. It's something, I know the City has a lot of experience with. Ah, and that, of course, limits our, our, our loading area. Ah, Mr. Everts is ah, he mentions, ah, he's looked at that property next door to us. He would love to lease that property next door to us. Ah, but the, the amount of fill that it would take ah, to ah, to fill the hole in that's there and to clear the property, is ah, is financially unfeasible for him to do. Ah, it's not like us. We were, when we first moved out there, ah, twelve years ago, we never had these kinds of problems. We just, we just did our business and the city says "great, go, go for it. Ah, ah, we have new management now. We have ah, things have happened down the road. We cleared the trees. We filled the property in. We've invested the money. That's why I say, we've got a tremendous investment out there that we've done ah, over a long period of time. And we're proud of that. But Mr. Everts' looking at it ah, by the numbers, ah, you know, he says, "hey, I can't afford to come in haul ah, 800 m� a .. a)m m m CL C V m 10 > w m a°i m W OC m o a a' y o ° m y ¢ � > z o m N O ! p .. N O N v W N O y CD N_ 3 N N p El El COLm w•3 E�.01 (� v o ma V F= > w w U m O G1 N N Q I CD C r ma t n °' G mm m m u m E> x _ O O U m Y C « o o w rn Q1 c m m o u n Ei`' N N R E { O o E C 0 O O O O v m v « O m H O CYi C v .o o o a \O C c l Nam o 3a c00) E ti G V v •� m •° 1H� ✓ H > a m Y Q m m y U) ►Yi m O d m 1O 10 O LL ' (q Cq 1Q� v aci Z m vi E« E Q 'v .� X .� Q Q r 4)0 MD :Qo a) Q,' O H m d00 CmmEmE�y U_ Qi��i � y L,mm'Lm« z z cW N E aam¢ EEcC O W ° `a_ Ll00a"vi L %� .. ° Ui co N tL P 139 410 116 Receipt for Certified Mail w No Insurance Coveraae Provided INITED tiE Do not use for International Mail (See Reverse) Shy i. �d Vu $ • �9 C', I't i :I i ee �. OS R E'S7'l'te(: Di:IIJF;IY fee >aeturn Hoce Pt Showing to Whnni & Date Deiwemd Return Hece pt Showirig to Wnor i Datu, and Addies.see's Address TOTAL Postage & Foes $ Postmark or Date KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 2, 1994 PAGE 24 MEASLES: You don't lease the ramp. PITTS: Well, I, I, I, excuse... MEASLES: You have a Special Use Permit... PITTS: Okay... MEASLES: ...hat allows you to use that lamp, that ramp and that roadway to cross the roadway to get your aircraft loaded. PITTS: Okay... MEASLES: It is not part of your property lease... PITTS: Okay, I, I agree with that. I don't have any problem with that. I'm not here to argue with you about that... MEASLES: Secondly, if we bring in a third party, he can tell us anything he wants to, but when he walks away from here, he is not liable for anything that happens at that airport. We are. Right here at this table. PITTS: I, I would like to add my name to that list Ray. Ah, I'm liable, personally, for whatever happens out at that airport and, and, and, everything that I own and everything that I built out there is liable and it's, it's, it's, my butt's on the line too here and, and Dean Eichholtz and everyone of us that work out there and a personal relationship, our butts are on the line. So, you know, our, our, I, I'm not going to argue about, you know, I'm looking for a solution here Ray... MEASLES: That's, that's part of your business Dan. That's a cost of doing business. You're liability. I as a council person, am not willing to set here and put that liability on the citizens of the City of Kenai. PITTS: Well, sir, eliminate the road and there won't be any liability. MEASLES: The road was already there, Dan. That road has been there. PITTS: Since 1986. MEASLES: That's right. KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 2, 1994 PAGE 25 PITTS: Okay, I've leased property long before then. I've been operating long before then. WILLIAMS: Councilman Bookey has a comment. PITTS: Yes... BOOKEY: I just, I'd just like to say one thing and that's Dan, that, that you know, you got a Conditional Use Permit for five years. There's no guarantee what would happen, whether this Council was here or not, that the following council in five years says, you, Dan, no more, we're not going to give you a conditional permit. What are you going to do with your business at that point? Cause that's a very viable thing that could happen and... PITTS: Well, if the Council sees it that way, I guess, I guess we're done Jim, I guess we're done. BOOKEY: But that's a possibility. You, you might not get another Conditional Use Permit on that... PITTS: Yeah, well we've... BOOKEY: You know, I, I'm like Raymond. I, when, when the business expands, that's not a condition for us to be involved in. That's, that's something that you and Mr. Evert need to discuss and decide on a bona fide financial stability whether it's going to be worth or not worth to do. PITTS: Well, we can handle Mr. Everts' business when we get our hole filled up. Ah, we have plenty of room on, on our lots to, to handle the trailers, the cargo that comes and out of there. I mean, he'll bring in five cargo vans and we have property between the fuel business and the airport, I mean and, and my freight facility out there to load and unload. We have the room out there. Our only problem right now is that we've got a huge hole in the middle of our ramp. If that wasn't there right now, ah, Mr. Everts would have plenty of room for his cargo. Now, he hasn't been down here in awhile and he doesn't realize this. All he knows is what his, what his captain, who ah, who's been based down here for the last five vears has told him. BOOKEY: And I mean, and, and you as one of his, as his agent should be... KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 2, 1994 PAGE 26 PITTS: Ah, ah, excuse me... BOOKEY: ...it's what your business should be, advising your customers of what's going on. PITTS: Okay, I, I know... BOOKEY: You can't put that to us. And what I'm saying on that road... PITTS: I'm not, I'm not, I'm not. BOOKEY: ...let me, let me finish here. PITTS: Okay. BOOKEY: With, with the road and the access going through there, you, under the Conditional Use Permit, you're authorized to close that road when you put a line across there to fuel aircraft. Right? PITTS: And load aircraft, ah, this is what I understand. That's the agreement I've made with ah, Mr. Manninen... BOOKEY: And, and I don't have any problem with and I don't think the Airport Manager has any problem with that... PITTS: Well, he does, that's, that's the problem... BOOKEY: Well, he doesn't have a choice in that matter, if, if, if the... PITTS: Okay... BOOKEY: ...if the agreement says that you can close the road then that's, that's the agreement and that's something that's cut and dried. PITTS: Okay... BOOKEY: I'm just saying that you, that you can avoid probably 75% of our problems here if you will just, at the time of business you are open, have your people go out and spot those aircraft so that you don't have that wing five foot over that KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 2, 1994 PAGE 27 thing. It's ridiculous that they're parking that close to the situation anyway. I mean, you can move them out another 20 feet and, and to me, it should, the majority of it go away. PITTS: I know. This, this all is, I'll be honest with you, this is all really ridiculous. It, it, it, it really defies common sense is what it does... BOOKEY: On both parties, on both parties, I'd like to see this... PITTS: (laughter) It really defies common sense because common sense you say, "you know, if we're blocking somebody, we'll get out of the way. Ah, if we're not, let us load our airplanes and our, in our area there and we'll put our cones up." And, and we try to do this. Umm, it's ah, it's not me who, who, who, who gets the situation out of control. I'll be honest with you. It's not our people that do... WILLIAMS: Mr. Pitts... (gaveled) PITTS: And... WILLIAMS: Moving along here. It appears as though there are a couple of things here that may be able to happen that might alleviate part of the situation. First of all, it's my understanding that once you get the work completed on your property, that is under contract or being worked on now, ah, there will be plenty of room to stage cargo ah, with regards to ah, Everts problems. Second, it's my understanding, correct me if I'm wrong now, that you do have permission to close the road during the fueling of aircraft... END TAPE NO. 1/TAPE NO. 2 WILLIAMS: ...it appears that one of the major problems here then is the that the airplanes themselves when they come in to park, must swing across the road and block the road somewhat. That seems to be what the Airport Manager's biggest concern is. Would it be possible to use flexible -type markers, cones or flexible - type bright markers that bend easily, to identify and mark the perimeter outside boundary of that road, if you will, to allow the operator of the aircraft to see where he's parking his plane so that he can keep it on the outside of the road without interfering with the space there. Maybe something like that could, could serve to help accommodate this issue... KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 2, 1994 PAGE 28 PITTS: Our, our, our crews have been instructed, that when they're loading and unloading aircraft and, and cargo is fuel, cargo is everything that we do out there. Ah, it's, it's loading ah, couches, groceries, it's loading everything. Our, our crews have been instructed to put the cones out there. Ah, and block the road so that there's no problem. We have never had a complaint from any of the other airport users about us denying them any access or blocking their movement back and forth on the airport. WILLIAMS: Okay. Let me ask the Airport Manager a question. Have you had complaints from any other users about Mr. Pitts blocking the road? ERNST: Ah, no. No, I haven't... BOOKEY: Mr. Mayor... ERNST: But I do want to make one point clear here, is the Special Use Permit was granted to Mr. Pitts or Kenai Airport Fuel Services for the loading of bulk fuel. And it very specifically says it's not to be blocked during dry cargo loading of aircraft. WILLIAMS: And I understand that... ERNST: Okay, well, and that's the difference. Mr. Pitts is lumping them together and that's not the case. Ah, when the dry cargo plane comes in, there's plenty of room on the ramp. They've, over the last, for the last two days they've been in and out of there a dozen times and they've managed to stay out of the roadway and they're even in a tanker configuration which is being loaded with a truck at this point because their facility isn't on line yet. Um, and that's all, all I ask is that when they're loading dry cargo, don't block the roadway with the aircraft or with the dry cargo. WILLIAMS: Is that the understanding that you have that your dry cargo does not fit in the same category as fuel when it comes to blocking the road? PITTS: Ah, that is not quite the way I had... WILLIAMS: And now maybe we're getting down to the basis of this thing. Could you tell me exactly what you... KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 2, 1994 PAGE 29 MANNINEN: Excuse me your honor. We, we did go over that in our meeting last week and that, that was a point of contention that ah, I said I would talk with the Airport Manager and I, and I did. He read right from the Special Use Permit now, and, and ah, what he read is correct and you're allowed to both fuel load and dry cargo load, but you only can block the road with the fuel loading and not the dry cargo loading. Now, we went over that because ah, we reviewed the Special Use Permit and, and I thought we were in agreement that that was the case. And ah, I applaud your persistence. I don't know if ah, if ah, I've seen anybody that is quite a single issue for a whole year and still is up here ah, ah, trying to bang on getting his way when, when ah, clearly, I think, it's a loser because the road was there, and because it's your responsibility to abide by the lease and by your Special Use Permit. You got, you got a special opportunity that nobody else on the airport has. And all you have to do is abide by the, the lease that you have and the special permit that you have. PITTS: Tom, Tom, we, we, we try our darndest not to create any conflict, but as I said, this road is covered with snow six months out of the year. You've got a, you've got a captain in an aircraft that's 20 feet in the air and he's got a wing tip that has a wing span of 100 feet and when he pulls in there, there may be someone there to greet him, there may not be someone there to greet him. The guy has made a thousand trips into Kenai. He knows where his spot is and where he parks. But, for Mr. Ernst to drive out there with his lights flashing and to, and to position himself in front of a forklift that's loading an aircraft and get out and shake his fist at the guy, that, that's uncalled for. And, you know, there, there are simpler ways to, and, and, how do you see the road in the first place. I watched the Assistant Airport Manager out there with a, with a 9-88 dozer or a front-end loader, trying to scrape the ice off to see the line so that somebody could see it. It didn't work. You can't scrape the ice clean to see the road underneath it. So we have a problem and it takes a little bit of ah, understanding from the Airport Manager and a little understanding from the crews to, hey, we can't get it right perfect every time. That's where the conflict arises. WILLIAMS: All right. Councilwoman Swarner. SWARNER: Okay, do I understand um, City Manager that for fuel, for fuel loading they could park closer to the building? KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 2, 1994 PAGE 30 MEASLES, MANNINEN: No. SWARNER: Okay, they can block the roadway. And for other cargo, they should park farther away? MANNINEN: No. They, they cannot block the roadway with dry cargo loads, but they can with the fuel loads according to the Special Use Permit approved in April last year. SWARNER: Okay, so then would it be appropriate then for Mr. Pitts to instruct his customers in where to park. I mean this is getting really ridiculous talking about this some much tonight. WILLIAMS: Well, I'm allowing some extra time to discuss this matter in hopes that we can resolve the issue or find a way to resolve it. If it hadn't been an early evening tonight, I wouldn't have allowed so much time to take place. But, according to the City Manager's letter to Mr. Pitts, it, it's clearly spelled out what he has the right to do and not to do in that area. I think the main problem that still exists is the roadway and the interference of the roadway by blocking due to two things. One, the aircraft parking over it and two, dry cargo blocking it during the loading process. Ah, I think, as I said before, I think that marking of the road, if the road, if it's, if it's absolutely mandatory that that road stay there, the road can be identified by flexible markers so that the planes know where to park and don't park there. The issue of loading fuel is clear cut. You can block that road off and you can fuel those planes within a reasonable amount of time. The issue of loading cargo is something that cannot seem to be reasonably adjusted so that it fits the needs of either party and that's how do you load cargo without at some times blocking the road. Ah, and I don't know how you're going to overcome that problem. Once in a while it appears that it's necessary for him to block the road in order to get all the cargo back and forth. Or else he has to transition from his lot to the aircraft immediately without blocking the road. PITTS: That, that, that, that is exactly how, you have a very good concept of what the problem is. That's what I hear from the captain, "hey, when I'm staging my cargo, I'm, I'm moving it. I'm loading the aircraft. It's dropped here and I'm loading it right on the aircraft." And he, and they do try to keep the roadway open. That is there intention. KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 2, 1994 PAGE 31 WILLIAMS: Is it necessary at any time to block the road with dry cargo? PITTS: Occasionally it is. It just depends on what, what the size of the cargo is they, they're moving and how bulky it is and how they stage it into the aircraft. And those kind of things take understanding by our Airport Manager and, that, that's the crux of the problem. Occasionally it gets blocked. It doesn't happen all the time and they, they don't want a confrontation out there. It's ah, it's not in their best interest. It's in nobody's best interest. WILLIAMS: All right. Mr. Pitts, there's another gentleman here that wishes to address us. We'll have him come forward. PITTS: Thanks. BANNOCK: Mr. Mayor, if I just, if I could as a question of the airport administration in regards to your theory. There was some shaking of heads over there that I don't think necessarily agree with that and I'm wondering if they could give us their opinion of Mr. Mayor's theory. ERNST: There is no reason that dry cargo should have to block the road. There's enough room on either side of the road to stack that cargo before the aircraft comes. It can be stacked to the east side of the road and when the aircraft comes, if he parks out far enough, which ironically, in the last three days, they've more than adequately stayed out of the roadway, and the road markings have not changed. I mean, you can't see the road. And I'll, I'm here to tell you, you can't them. But it's easy enough, you know, to discern what is, what is allowable space there for someone to get by you. The point is, I've been around aircraft since 1968 when we were loading up north. It can be done. To say that it can't be done is ridiculous. You know, it's, it's just that they just don't want to abide by the regulation and that's not to block the road. We've given them a Special Use Permit to do it when they're bulk fueling and even that hasn't been lived up to because they were supposed to put up barricades. And we have a meeting with them and with their attorney and that's how we arrived at the Special Use permit. As a matter of fact, we had a meeting to determine the exact amount of time that they can block the road and that has been determined to be two hours. KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 2, 1994 PAGE 32 Now the load that was in question the other day had been there over the weekend. It was there when I left on Friday and it was there when I came back on Monday. And that's in the dark. There, the roadway's dark in the wintertime and it just causes a problem. And, you know, this airport is unique in that when we park, we park parallel to the ramp. We don't park perpendicular to the ramp like Anchorage does or like Fairbanks does. We don't park up against our terminal building. We park parallel to it. So it only makes it a logical place to put the road is parallel to the ramp. The other ones have. You know, we don't have jets. Anchorage has, has their jetways and that obviously is blocking that area between the terminal and the aircraft. So they do run their roads outside behind the, the ah, aircraft. It would be ludicrous for us to put a road outside our aircraft because at each lessee's property, at one point or another, you'd have to have some kind of a roadway going out to the roadway that in fact could be done right at, at the lessee's property line. It's just that, I just don't understand why it is so difficult to just comply with the regulations. It's just as easy for them to park out as it is to park close and to take their forklift and to drive it from their property to the plane. It's not a problem. And I don't, I also want Mr. Pitts to know that I don't go yelling and screaming. Mr. Pitts, by the way, wasn't there the last time, and I did not rise my hand. And yes, Mr. Eichholtz was there and he, and I'm sure he saw me raising my hand and yelling and screaming as they say. And that's just not true. WILLIAMS: All right. Mr. Eichholtz. EICHHOLTZ: Hello, I'm Dean Eichholtz. Vice president of Kenai Airport Fuel Service and I think this whole discussion's getting a little bit off of track here. I don't think we came here to discuss the roadway per se. Yes, we do appreciate the fact that maybe would get somebody as a third party to look into this situation because of the road, the roadway which becomes a bone of contention out there many times. There's things that I'd just like to point out to hopefully straighten everything out and that is, one, things do change. You do have a set of airport regulations out there at that airport that does need to be reviewed. At times, things do require some changes. There are still regulations in there that state all my student pilots who KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 2, 1994 PAGE 33 supposed to have a sign -off from a Flight Service Station briefer prior to soloing an aircraft at that airport. There's no longer even a Flight Service Station located on that airport. There are things that need to be reviewed and checked. Times do change. The aircraft are getting larger. There's a KC-97 at the airport at the present time. It cannot park without the tail of that airplane impeding on that particular roadway. It cannot do that without going across the active line of that runway, or the taxiway. It cannot physically do that. The Assistant Airport Manager taxied a C-130 out there in front of our place this previous springtime. It cannot park without the wing -tip being completely over that roadway. That was okay at that particular time. There's got to be some workable solutions. We've got to have somebody at the airport that can reason when things do change. When we have cargo and one of the, one of the pictures that you stated there that had some cargo that was blocking the roadway. The, beams that were out there, were 20 feet long. Took a lot of work to put them in an airplane. You couldn't far enough, the airplane far enough forward, and then move the cargo out onto the ramp area to not block that particular roadway. Why would we want to? WILLIAMS: I think the whole.... EICHHOLTZ: On that particular point. If you looked on down the roadway, there's a KC-97 whose tail was over that same roadway. It's not a, it's just got to be workable. It's got to be, "gee, what, what are you loading here? Does it seem to be a problem." Make sure that there's cones out. Make sure that the roadway is blocked. Let us load that particular cargo. We're not trying to say, "hey, we want to pull in there." The best place for us to be would be to not have traffic driving between where a forklift is driving between, between vehicles and out and onto the ramp area. I agree wholeheartedly that the airplane should be moved in closer to the, toward the freight offices toward the loading area and let the, let the traffic go around them. To have vehicle traffic between where we're running forklifts, and I'm talking everyone, ERA, DHL, ah, MarkAir, and the aircraft, which has to run back and forth the roadway, across the roadway, does not seem to me to be in good common sense. Something that ah, that should maybe looked at. KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 2, 1994 PAGE 34 Ah, one thing that the Mayor mentioned and that is the aircraft can't get on the property. It's something that we discussed when we got this Special Use Permit. The aircraft are large aircraft that we deal with in the fuel business and with some of the cargo loading. Well, that is what the air, the ramp area is for. This city does collect landing fees, parking fees, for those particular airplanes. The cargo that ah, Dan had mentioned, that was loaded into those airplanes, the City is getting 3% on, on the taxes of what the dry cargo that's being loaded into that airplane. It's gaining tax on the air, on the fuel that's put into that airplane. Those are things that I would hate to see the City of Kenai would lose so far as the revenue. Those are important items and I see, more often than not, that we keep losing businesses that are going to Nikiski. That are going to Soldotna because of some of these conflicts that somebody has inadvertently blocked the roadway. Ah, it's happened with Lake Clark Air. It's happened with several other, other folks. It's not that anybody's doing it intentionally. They don't recognize that when they come in from, from Lake Clark. They don't recognize it when they come in from Anchorage. But we need to have more of a spirit of cooperation and that is what Mr. Pitts was asking for. That's what I'm asking for. We need a spirit of cooperation out here when somebody does taxi an airplane in and, and, blocks this roadway. It is not something that is a roadway that is Willow Street. I would appreciate the fact that the people that drive out there on that airport are trained individuals. It's not, there's not just a bunch of renegades that are out there on a Sunday drive going up and down a road that's like Willow Street or any other street, Forest Drive. Okay? WILLIAMS: Thank you. Thank you. Yes. MEASLES: I would like to make just one last comment. I've heard a lot of bashing and moaning and groaning about the Airport Manager and the way people are treated out there. The bottom line is this City Council said leave the roadway in and this City Council approved the conditions of your lease and your Special Use Permit. In my mind, the Airport Manager, regardless of who he is, does not have the authority to allow anything outside of those conditions to exist at that airport. So your argument is not with the Airport Manager, it is with this City Council. KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 2, 1994 PAGE 35 And, if after the third party comes in and looks at that, this Council still may not move that roadway. And I'm getting tired of hearing this bull about how bad the Airport Manager's treating you out there. EICHHOLTZ: It's not only myself, it's all of the businesses that... MEASLES: I'm getting tired of hearing that garbage too!!! WILLIAMS: Well, okay ... We ah, we'll wind this thing up by saying we know we've still got a problem. However... BOOKEY: Mr. Mayor. We do not have problem if they will just move those aircraft off that road and a little cooperation on both sides is going to go a long way to finish this. WILLIAMS: I, I think we realize that. I think we realize that. We've got to do that. All right. You can operate within the guidelines of your permit if you cannot block the roadway for excessive amounts of time while fueling. If it's at all possible to arrange to load cargo without blocking the roadway, then you'll be within the limits of your permit. The only other thing that I can say is that, necessary if you can put up some flexible markers of some sort to mark the line to show where it's at. The issue of whether the road shall be moved, or should be moved or not, is something ah, that can be looked at and examined now and I hope it will be and a determination made whether or not that would be the proper thing to do or whether it would only cause more commotion. All right. We've given this issue a great deal of time this evening and I did that purposely because I felt as though there was a lot of verbalizing that had to be aired here and gotten on the table but it's time to move on to other areas. So thank you very much for your talking to us this evening. PITTS: Thanks for your time. J-2. council MOTION: Councilman Smalley MOVED to convene in executive session of the city council, upstairs, and have Mr. Manninen available, to KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 2, 1994 PAGE 37 ITEM K: ADJOURNMENT The meeting adjourned at approximately 10:30 p.m. Minutes transcribed and submitted by: Carol L. Freas, City Clerk G I/ Suggested by: City Manager City of Kenai RESOLUTION NO. 94-5 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA TRANSFERRING $1,581 IN THE GENERAL FUND FOR COMPENSATION TO THE ACTING CITY MANAGER. WHEREAS, the City Council has authorized an additional payment of $100 per day to the Acting City Manager during periods of absence by the City Manager; and WHEREAS, the City Manager has estimated that he will be absent from work for fifteen days during the months February through June, 1994. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following budget transfers be made: General Fund From: Other - Contingency 1,581 To: City Manager - Salaries $ 1,500 City Manager - Medicare 22 City Manager - PERS 59 1,581 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of February, 1994. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: C q R (1/26/94) kl CITY OF KENAI it Gd 4 4121" 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 *vinyl WWWWn MEMORANDUM TO: Thomas J. Manninen, City Manager �) FROM: Kim Howard, Administrative Assistant F' DATE: February 3, 1994 RE: Resolution 94-5, Compensation for Acting City Manager The City Council has asked the Administration to research whether Council had set a time frame for the Manager to be out of the office in order for the Acting City Manager to receive compensation. Kenai Municipal Code does not specify how long the Acting City Manager must be in the temporary assignment before receiving compensation. See KMC 23.55.010 which states City Manager salary is set by motion by Council and KMC 23.10.020 (c)(1) which defines provisions of City Manager position that apply in Personnel Code. Note that KMC 23.25.070 (which addresses the ten day minimum rule for temporary assignments for employees) does not apply to the City Manager position. Recent Council action appointed me as Acting City Manager during your September 17-24 absence for that period "and during any future absences and to be paid an additional $100.00 per day during those absences." (See attached.) eat C:\WP51\WORK\COMPENSA.MEM inspiring rather than by ordering; by creating achievable, though challenging expectations, and rewarding progress toward them rather than by manipulating; by enabling people to use their own initiative and experiences rather than by denying or constraining their experiences and actions. Finally, we all need continuing leadership education. 7. WEEKLY DEPARTMENT HEAD MEETINGS/IMPROVE COMMUNICATIONS/IMPLICATIONS WHEEL. We have had weekly department head/key employee meetings. The main focus is to develop teamwork and to improve communication among department heads, as well as to focus on a single area such as "cut back management," setting goals and objectives, resources and reallocation. 8. Acting City Manager position. According to my agreement with the city council, I am scheduled to attend an ICMA conference the week of September 17 - 24, 1993. Charles A. Brown, Finance Director, is on a three week vacation that started September 7. I intend to appoint Kim Howard as acting city manager during the period I am gone and during any future absence. Various reoccurring matters regarding personnel, contracts an grants arise on a daily basis and require the city manager's signature. Therefore, I am requesting that the council consider an increase of $600 ($100/work day) for the period that Kim will be the acting city manager. Council would have to set her additional pay (KKC 23.55.010). I am requesting your action at the September 15, 1993 council meeting as an appropriate time to take this action. Currently Kim Howard is an administrative assistant, she is studying the ICMA Effective Local Government Management course, and is performing excellently both on the job and in the extra course work. She is highly motivated, capable and possesses the background, knowledge and ability to assume the acting city manager role in my absence. Kim already is performing as a liaison between department heads and the city manager, and she is familiar with the actions, activities as well as functions of other departments. Therefore, I heartily endorse and recommend the council's approval of the added pay and to assign Kim Howard as the acting city manager by formally ratif ing this actin .. .0 ' �o gppRom sY cbu" DATE CUOK w, INK KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 15, 1993 PAGE 14 make sure the Council agrees with the responses given of why there was an increase. Manninen requested ratification of the responses or any changes they may like to have made. Measles stated he believed a response should come from the City Manager, and not the mayor or the finance director. Smalley stated he thought it was good to give reasons for the increase. Measles stated all the reasons given in the letters were items considered when raising the rates. MOTION: Councilwoman Swarner MOVED for the city manager to produce a letter combining the mayor's and finance director's letters to a one -page response to send to concerned citizens (or two pages). Councilman Bookey SECONDED the motion. Swarner requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. Manninen asked if the letter should be published in the newspaper as a general information item. Measles asked how many people complained. Feltman stated everybody paying their bills directly have complained to the Finance Department. Notes have been written on some bills when paid by mail as well. The first bill with the increase brought many complaints. Bookey stated he believed it would not be advantageous to publish the letter. Measles agreed. Measles stated if there is a written complaint received, use the combined letter for an answer. VOTE: There were no objections to the motion. SO ORDERED. 3. Acting City Manager - Manninen referred to his September 8 and 10 memorandums included in the packet which stated he would be attending the ICMA Conference September 17-24. Manninen's memorandums requested Kim Howard be appointed as Acting City Manager for that period and during any future absences and to be paid an additional $100.00 per day during those absences. Manninen requested approval of his request. KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 15, 1993 PAGE 15 MOTION: Councilman Smalley MOVED for approval and requested UNANIMOUS CONSENT. Councilwoman Swarner SECONDED the motion. There were no objections. SO ORDERED. 4. Administrative Update - Manninen referred to his memorandum included in the packet. Manninen stated he is impressed with the department heads and employees' commitment to hard work and excellence. Manninen added he believes they have good clear direction. Manninen stated in staff meetings he and department heads have reviewed goals and objections and a five- year plan. Swarner asked if Manninen his office like he had in Swarner asked if he has a work. Manninen stated no. I-3. Attorney No report. I-4. City Clerk has a phone line ringing directly to his previous job. Manninen stated no. computer which he uses to type his own 1. Telephone Poll - Read into the record findings of a telephone poll taken on September 13, 1993 requesting the issuance of purchase orders to John J. Williams, Christine Monfor and Robert J. Rubadeau. The purchase orders were for reimbursement of costs to travel to Washington, DC to attend a White House Rose Garden ceremony to be presented the 1992 All - America City Award by President Clinton. 2. Absentee Ballots - Reported absentee ballots will be available on Monday, September 20 and requested councilmembers and persons in the audience to inform acquaintances who may be leaving the area before the election that they can vote before they leave by absentee ballot. I-5. Finance Director Acting Finance Director Feltman stated the department is functioning well and Finance Director Brown will be back to work on September 27, 1993. 23.55-23.55.030 C Chapter 23.55 PAY PLAN Sections: 23.55.010 Exempt Salaries. 23.55.020 Salary Structure By Grade. 23.55.030 Qualification Pay. 23.55.040 Uniform Allowance. 23.55.050 Hourly Rates - Part -Time Employees. 23.55.010 Exempt Salaries: Salaries of City Manager, City Attorney, and City Clerk shall be negotiated by the Council and may be set by motion of Council. (Ords. 336(a), 385, 414, 503, 537, 1069, 1260) 23.55.020 Salary Structure by Grade: (a) Salary structure by grade is hereby established in accordance with the table that is appended to this Title and which may be amended, modified, or replaced by ordinance, in which case a copy of the amended, modified, or replacement table shall be substituted for the prior table and placed in the Code at the end of this Title. (b) On completion of the probationary period, each employee shall be advanced one step. At succeeding anniversary dates, subject to evaluation, employee may be advanced a step increment. The time period normally between steps B to C to D to E to F is one year. The time normally between Steps F to AA to BB to CC is two years. (Ords. 336(a), 414, 503, 513, 537, 568, 675, 770, 859, 933) 23.55.030 Qualification Pay: (a) In recognition of professional development, personal time, and effort of the individual to achieve same, the following annual recognition entitlement is authorized, payable on a pro rata monthly basis. (b) This recognition entitlement is not considered when calculating hourly rates for annual leave or holiday pay. (Ord. 1114) (1) Police Department: Certification in accordance with State of Alaska Certification Standards. Police Officer Intermediate Certification $ 900/year Advanced Certification $1,800/year Police Sergeant Intermediate Certification $ 900/year Advanced Certification $1,800/year 23-32 (City of Kenai Supp. #56 7/26/91) (1) City Manager. The City Manager shall perform all those duties mandated for his position by the provisions of this chapter and shall be bound or receive the benefits of the following sections insofar as they are applicable: KMC 23.25.050 and .060(d); KMC 23.30.110(b), (c) and (d); and KMC 23.40.020, .030, .040, .060, .070, .080, .095, .100, .110, .120, and .130. (2) City Clerk. Only those provisions specifically enumerated under (1) above shall apply to the City Clerk. (3) City Attorney. Only those provisions specifically enumerated under (1) above shall apply to the City Attorney. (d) Volunteer Personnel and Personnel Appointed to Serve Without Pay -- None of the provisions of this chapter shall apply to such personnel. (e)_ Consultants and Counsel Rendering Temporary Professional Services - Such services shall be by contract and none of the provisions of this chapter shall apply. (f) Positions Involving Seasonal or Temporary Work - All of the provisions of this chapter shall apply to such positions but only insofar as they are applicable. (Ords. 336, 537, 89-1347) 23.10.030 Classified Service: The classified service shall include all other positions in the City service. (a) All positions established by the annual budget or salary guide adopted by resolution of the City Council. Any new position created at the start or during the budget year and either ratified or affirmed by the City Council. (b) When this ordinance becomes effective, all persons then holding positions included in the classified service: (1) Shall have regular status if they have held their present positions for at least six (6) months immediately preceding the effective date of this ordinance except for police, which shall be twelve (12) months, or; (2) Shall serve a probationary period of six (6) months from the time of their appointment, which may be extended before acquiring regular status, if they have held their position for less than six (6) months, with the exception of police, for which twelve (12) months is substituted in the above for the stated six (6) months period. (Ords. 336, 537, 89-1347) S53-02/07/90 23-4 CITY OF KENAI 23.25.065 Shift Differential Pay: (a) Employees who are scheduled to work certain shifts explained below may be entitled to additional compensation. To be eligible, the scheduled shift must be for a period of less than 24 hours. In addition, the employee must be scheduled to work at least 75 % of the hours in a monthly pay period in one or any combination of the shifts identified below. (b) Eligible shifts and rates are: (1) Shift beings after 2:00 p.m. and before 6:00 p.m. -- 2 % . (2) Shift beings on or after 6:00 p.m. and before 3:00 a.m. -- 4%. (c) The above rates will be computed against Step A of the pay range of the employee. If determined to be eligible, the employee will receive the computed dollar amount for the whole month. If ineligible, no shift differential pay will be allowed for that month. If the employee is eligible based upon a schedule of a combination of shifts, he will be paid at the rate corresponding to the majority of time worked. Shift pay is not to be considered in computing annual leave or holiday pay. (d) If all employees of the same class in a given Department rotate at the same time to a substantially different shift basis, the provisions of this section shall not apply. (e) Shift pay will be allowed only upon approval of the City Manager when such work schedule is necessary for the benefit of the City. (Ord. 1038) 23.25.070 Acting_Positions: Compensation during temporary assignment - an employee who is temporarily assigned to a position with a higher pay range for a period of ten (10) days or more shall be paid at the first step of the higher pay range, or, he shall be granted a one step pay increase, whichever is higher, for the period worked in the temporary assignment. An employee who is temporarily assigned to a position with a lower pay range, for any period, shall not receive a reduction in pay. No such temporary assignment shall exceed six months. (Orris. 336, 537) 23.25.080 Promotion: When an employee is promoted from one class to another having a higher pay range, he shall receive an increase of not less than one pay step from his former position. (Ords. 336, 537) S53-02/07/90 23-9 CTTY OF KENAI « U i M f/1 w « « M w x M M « w i M « # w w M w M # w r M « Q « w i M i M M M « M M « « M w M Y M « « « M # M M M « « Y M « « « M « « « « « M C7 p4 H F M N C+ w Y CIl pq DOC7 pr N •f� M M O M ci M ri H p yrim C- an P —3 a Y r M M « « M M d M « M i F « « M O H x O a ti M M M F « M M M M i i « F F F F a M i d « w pet « x M da Cn d va yma y « 04 M O G cm O O O « « d« 424 « H d 42 H Q Q- Q H =a '� H A4 ►-� Oa d w w F M M M # G~ « w M M M M 7 74 too y ? M M M « F w M i M « « r O « i H H « « M « d « « U « w H Pw « M # « H M M C-P E- CC F M "�. Q pd y 03 04 M r M sn x U C. Cr U 04 04 O. d M CJ H « PM« m G ,aC 04 7 ae d m d C0 - 3 U M Q M Ca pa pp pq O U M F M w « « E. o pq « « M v p 7 M M H � M « E04 — [.r U H U « r G C7 O « M = LAM t/7 O M « C) y 0. O d . O a M w Q —a O .-7 O .:r z a « 0 m 9 W ad G w 7G pc00 U CD N Ca+ M C2 O E U xft � PC pi7 �. H d U « PM M _a O Ca- cw % _ 04 mr va p. r cc AS pa W U I-, O W -- �+ q-C r . « « v o 0 « E « « O « « « N N « « « M « « Y « « m m y m X �_ « « ►V-� y w X 1� YN y =3 O d Ot Od .i! CFd ..W a (y a H a ow Cis no e- N U« C4. m O Olt fs. m m Or sm - Pa O m « « an - o. a O a iC Y. C-i tlG « M « N 9-2 « « y « « 7i !-r F Q .S Y w a a a a a «a « E" « E E E.. « m« as m a a na a LfC C4 OOr m pq m m 04SO O U M. oe C2 a s s o 9-0M O« oxo y y y VJ �; U .02 « « « G] CA N Y a CQ y y c ^7 3= « « .a m y y a y a a o F a• E « « « w o U .� x '-acm m m y m « « m •4Z ow ad N N fS a X 04 not - V y 6 OO O ►"� Caas a 7 « « a zn �"� F _ m o+ OC S a rr 6 y C1 EE � C4 w N Va O A O y CO wtcla. F t/! m m 1--1 O AC Na a m F U Q CD U « « R .-+ nC aw m •- O m m �0-1 a a m o cz,x Cq m o0a « a« a va y w p 7c F aFa R « w a« U « m a— ad oEa as ayt m s pp R. me'0.w a -- a ►PG+ x' U « « cn« m« X o a a 7C Pa E O Xad o U CJ CD GO G74 py S -C m 7c o « r w « « « v « w yr w M « r C9 p � X C4. C V x C6 m • • w « « « SZS F.� .a m ."r. CC O V y H by m a va O rn r « 6 2 m_ tb E U Gi E-+ « « X CL. a oa m om-+ O O �, « w. �- a oo N Cra-- F ?C CO 7C m a m �. « Y •7 ..� R p.. '�• m '� aQi1 m M y X 9 O cm O XC-A¢~¢{{ a w O O_ PaV ad C42 C� ccw 0 i M 76 � Pis- S . a pp w U w m« am-cG4 O CITY OF KENO �, 5 it 69d CCZ,112o" 4 4142d4a - - 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 "2 February 7, 1994 Joe Arness Kenai Merit Inn 260 South Willow Kenai, Alaska 99611 Dear Mr. Arness: I discussed with Cary Graves, City Attorney, your request to enter into a confession of judgment regarding your July, August, and September, 1993 Hotel/Motel Room Tax. Cary and I have agreed to submit a draft confession of judgment, which includes a payment schedule, to the Kenai City Council for their approval. The draft confession of judgment is enclosed. The Council should take up the issue at their February 16, 1994 regular Council meeting. After reading this draft, please call Cary or me and let us know whether or not the confession of judgment and the payment terms are acceptable to you. We'll, then, inform the Council of your acceptance of the terms. It will then be up to the Council to approve or reject the confession of judgment. On another note, you have calculated interest on your October and November, 1993 tax returns incorrectly, resulting in an overpayment of $322.07. That overpayment will be applied to amounts owed for other months. Sincerely, Charles A. Brown Finance Director CAB/kl Cary R. Graves City Attorney CITY OF KENAI 210 Fidalgo Kenai, Alaska 99611 DRAFT IN THE DISTRICT COURT FOR THE STATE OF ALASKA THIRD JUDICIAL DISTRICT AT KENAI CITY OF KENAI, ) Plaintiff, ) vs. ) KENAI MERIT INN, ) Defendant. ) Case No. 3KN-93-1203 CI CONFESSION OF JUDGMENT WITH ACTION Defendant Kenai Merit Inn, through General Manager Joe Arness, acting knowingly and j voluntarily, hereby confesses judgment in favor of the plaintiff, City of Kenai, as it relates toff plaintiff's complaint, in the amount of $7,540.88, with interest to 12/31/93, at the rate of . 8333 % per month in the amount of $203.47, costs in the amount of $95.00, penalties in the l amount of $753.99, and the Rule 82 attorney's fees (noncontested) in the amount of $849.83,' for a total judgment of $9,443.17. Plaintiff hereby agrees not to execute on the judgment herein confessed as long as defendant faithfully pays $2,000 per month, with interest included at the rate of 10% per annum. CONFESSION OF JUDGMENT WITH ACTION - 1 OF 3 283.3441 FAX 283-3014 Car kavaa City—torney CITY OF KENAI 210 Fidalgo Kenai, Alaska 99611 DRAFT Payments are to begin on March 1, 1994 and continue for five (5) months, o until entire j I judgment amount is paid in full. ; It is agreed that the judgment herein confessed shall bear interest at the rate of 10% per annum until paid in full. Should any payment not be made in a timely fashion, plaintiff shall have the right to execute on the balance of the obligation remaining unpaid. DATED this STATE OF ALASKA day of February, 1994. ss. THIRD JUDICIAL DISTRICT KENAI MERIT INN BY: Joe Arness, General Manager THIS IS TO CERTIFY that on the day of February, 1994, Joe Arness, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument. CONFESSION OF JUDGMENT WITH ACTION - 2 OF 3 Notary Public for Alaska My Commission Expires: 7/7/96 283.3441 FAX 283.3014 DRAFT Cary R. Graves City Attorney CITY OF KENAI 210 Fidalgo Kenai, Alaska 99611 ASSENT TO CONFESSION OF JUDGMENT II I, Cary R. Graves, attorney for plaintiff, hereby consent to the foregoing Confession of Judgment executed by Joe Arness, General Manager, for the Kenai Merit Inn. Cary R. Graves, City Attorney I STATE OF ALASKA ) ss. 1! THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on the day of February, 1994, Cary R. Graves, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument. CONFESSION OF JUDGMENT WITH ACTION - 3 OF 3 Notary Public for Alaska My Commission Expires: 7/7/96 283.3441 FAX 283.3014 DEPARTMENT OF NATURAL RESOURCES February 3, 1994 City of Kenai Thomas Manninen, Manager 210 Fidalgo Ave. Kenai, AK 99611 Dear Mr. Manninen: DIVISION OFLAND STO4 --o CC=, (CA-b VIAL rER"'I. e 3601� P.O. rEl ANCKA99510-7005 RI C CITY ADMIN. OF KENAI The enclosed maps depict state lands that may be designated or conveyed to the Mental Health Trust. This information is provided to give you an opportunity to comment on these potential designations or conveyances under the authority of AS 38.05.945. I have also attached a copy of the public notice for your information. Chapter 66, SLA 1991, establishes the basis for the reconstitution of the Mental Health Trust. Under this legislation, the state is to designate and convey to the Mental Health Trust Authority all unencumbered Original Mental Health Trust Land (OMHTL) (approximately 600,000 acres) and replace OMHTL encumbered by third -party interests with state land of equal value and similar characteristics. There are about 400,000 acres of non -conveyable OMHTL. The Settling Plaintiffs have nominated about 500,000 acres of state land throughout Alaska to compensate for the encumbered, non -conveyable OMHTL. Chapter 66 has not yet been approved by the court, and certain amendments may be necessary. Legislation may also be enacted during the current session of the Legislature to resolve the Mental Health Trust litigation in whole or part. This legislation may be separate from the overall Trust reconstitution process provided for under Chapter 66. The information in this letter is provided to meet the requirements of AS 38.05.945, should the Legislature enact such legislation. The purpose of this redesignation and conveyance is to replace some or all OMHTL that has been transferred or conveyed to third -party interests or that is within Legislatively Designated Areas (LDAs).l Much of this OMHTL was transferred or conveyed as a result of the Legislature redesignating Mental Health Trust Land as General Grant land in 1978. The Alaska Supreme Court determined that redesignation to be a breach of trust and ordered the State to reconstitute the Trust to the maximum extent practicable. To expedite your review, we have enclosed a regional overview map and 1:63,360 USGS quadrangle maps showing the external boundaries of the nominations within your community and the immediate vicinity. If required, the Mental Health Settlement Project within the Division of Land will provide your staff with legal descriptions of these parcels. Note that the statewide GIS map indicates three categories of land: Proposed Substitute Land (PSL), Disputed Proposed Substitute Land, and Non -Conveyable Original Trust Land. The latter category represents the areas of encumbered OMI TL for which compensation is required under Chapter 66. The 'Disputed' Proposed Substitute Land category represents those nominations to which the Department has already expressed opposition. The basis for our objection is derived from our knowledge of the importance of a particular state facility or area. l LDAs include, for example, state parks, forests, game refuges, recreation rivers, and critical habitat areas. Chapter 66 does provide for the conveyance of the OMHTL within the Haines and Tanana State Forests to the Mental Health Trust. MH/CityBor. Notice February 3, 1994 page 2 The purpose of your review should be to determine if these nominations involve facilities or areas used by your community whose conveyance to the Mental Health Trust would not be, in your opinion, in the best interests of your community. Your comments should be brief, pointing out the affected facility or area; the importance of the facility or area to the community, and describing the public need for retaining the area or facility in state ownership. Comments should be specific to a PSL parcel, and your report should be organized either on an area basis with the PSL number referenced or by specific PSL number. In analyzing your comments and recommendations, DNR will weigh the community needs against the state's need to reconstitute the Mental Health Trust. I would ask that you consider your concerns for each PSL nomination within the context of the protection of OMHTL parcels conveyed to local government under the Municipal Entitlement authority of AS 29.65. Under Chapter 66, Section 54 (3), Original Trust Land conveyed to municipalities under the provisions of the Municipal Entitlement program is not to be conveyed to the Mental Health Trust. Should Chapter 66, or any alternative legislation involving third - party purchasers, not be approved or enacted, the plaintiffs in the Weiss v. State of Alaska litigation would almost certainly argue for the return of OMHTL conveyed to local governments, arguing that these parcels are not 'sold' under the meaning of the Alaska Supreme Court's 1985 decision. The regional GIS map also identifies OMHTL that, in part, is related to municipal conveyances under the Municipal Entitlement Act. Finally, please note that certain third -party interests on state land within your community are affected by the proposed action, and are being contacted by the Department through a separate review process. The third -party interests that involve OMHTL, and are now affected by the lis pendens and court injunction, are indirectly affected through this action. They are also being contacted through a separate review process. I have included an additional copy of the regional and USGS quadrangle maps, for the public to review. I would ask that you provide public access to this information for the next month. Your cooperation in this is appreciated. With so many parcels scattered throughout the state, it became necessary to make copies of these maps available at the individual communities, in addition to the Department offices in Anchorage, Fairbanks, and Juneau. You may be entitled by AS 38.05.946 to hold a hearing on this proposed land action if any of the parcels are within your area boundaries. Should you feel that a hearing is necessary, you may hold one within 30 days after receipt of this notice. If a hearing is held, please notify me at least five working days before the hearing's scheduled date and the commissioner or a commissioner's representative will attend. If additional clarification or information is required, you should have your staff contact the Mental Health Settlement Project, Division of Land at 762-2239. Comments should be received on or before March 15, 1994. Thank you for your cooperation in this review. Sincerely, Ron Swanson, Director MH/City/Bor. Notice DEPARTMENT OF NATURAL RESOURCES DIVISION OF LAND Public Notice under AS 38.05.945 of the Proposed Redesignation and Conveyance of Land to Reconstitute the Mental Health Trust Notice is hereby given pursuant to AS 38.05.945 that the Department of Natural Resources (Department) proposes to redesignate and convey certain interests in state land to the Mental Health Trust Authority, once established under the provisions of Chapter 66, SLA 1991. Chapter 66 provides for the replacement of encumbered Original Mental Health Trust Land (OMHTL) through a process of land exchanges based upon equal fair market value, comparable character, benefit to the Trust, and overall public interest. In addition, the Legislature may enact legislation during 1994 that authorizes the redesignation or conveyance of state land to replace certain OMHTL parcels. This notice provides the opportunity for the public to comment on such proposed redesignations and conveyances to determine the appropriateness of using the land described in this notice for potential exchanges. The purpose of the proposed redesignations and conveyances is to replace some or all OMHTL that has been transferred or conveyed to third -party interests or that is within Legislatively Designated Areas. Much of this OMHTL was transferred or conveyed as a result of the Legislature redesignating Mental Health Trust Land as General Grant land in 1978. The Alaska Supreme Court determined that redesignation to be a breach of trust and ordered the State to reconstitute the Mental Health Trust to the maximum extent practicable. The State proposes to replace encumbered OMHTL by designating and conveying state land to the Mental Health Trust Authority under Chapter 66, or.by designating and conveying state land to the Mental Health Trust if authorized by legislation enacted during 1994. State land that is the subject of this notice may be used in its entirety, or in part, to replace all or some part of the encumbered OMHTL. Chapter 66 validates and protects title to OMHTL held by individuals and municipalities and protects other important areas, such as parks and game refuges, by replacing them with other state land. These land exchanges will partially fulfill the obligation the Alaska Supreme Court imposed on the state to reconstitute the Mental Health Trust. In evaluating the public comment in response to this notice, the state must weigh the need to retain proposed replacement land in state ownership against the court imposed requirement to reconstitute the Trust, as well as the need to protect entities holding OMHTL. If the state land that is the subject of this notice is not conveyed to the Trust, other state land may be identified and conveyed to the Trust to complete the reconstitution of the Trust. Land Description and Information: The areas and approximate acreages shown below may be designated or conveyed as Mental Health Trust Land. M Barrow 1 729 Bettles 1 605 Cordova 22 5,370 Chandalar 1 10,240 Chena Area 2 32,603 Copper River Basin 40 3,172 Cape Yakataga 26 29,061 Delta Junction 77 19,013 DeLong Mountains 3 16,000 Denali 21 6,482 Elfin Cove 1 37 Fairbanks 155 24,171 MH/Public Notice -AS 38.05.945 Public Notice page 2 Gustavus 6 282 Haines 1 3,468 Healy 43 11,901 Homer 26 6,217 Iliamna 5 16,712 Juneau 31 19,343 Kodiak 2 1,788 Kenai-Soldotna 92 3,391 Ketchikan 234 21,127 Lake Minchumina 2 71 Livengood-Circle 8 32,470 McCarthy 5 16,686 Muni of Anchorage 10 2,711 Mat -Su 47 3,041 Nenana 26 2,765 Nulato 3 70,704 Nome 6 8 Northwest 1 640 Petersburg 131 11,619 Skagway 29 3,106 Salcha 21 2,057 Sitka 29 2,275 Seward 71 8,744 Talkeetna 3 689 Tanana 1 735 Tok 38 374 Tyonek 6 4,510 Valdez 16 10,190 Willow 40 521 Wrangell 52 8,787 Yakutat 1 767 More detailed information on these lands affected by the above action is available for review at the following Public Information Centers of the Department of Natural Resources: Anchorage- 3601 C Street, Suite 200; Fairbanks-3700 Airport Way; Juneau-400 Willoughby Ave., 4th floor. Maps of the affected state land are available at the following Municipal Offices: Boroughs - Municipality of Anchorage, Denali, Fairbanks North Star, Haines, Juneau, Kenai Peninsula, Ketchikan Gateway, Kodiak Island, Lake and Peninsula, Matanuska-Susitna, North Slope, Northwest Arctic, Sitka, Yakutat. Cities - Barrow, Bettles, Coffman Cove, Cordova, Delta Junction, Fairbanks, Homer, Kasaan, Kenai, Ketchikan, Kupreanof, Nome, North Pole, Nulato, Pelican, Petersburg, Port Lions, Seldovia, Seward, Skagway, Soldoma, Tanana, Tenakee Springs, Thorne Bay, Valdez, Wasilla, Wrangell. Public Comment: Comments from the public on this proposed action must be received in writing at the Division of Land, Attention: Mental Health Settlement Project, P.O. Box 107005, Anchorage, Alaska 99510-7005 on or before 4:30p.m. March 15, 1994. This deadline is required to supplement the administrative hearing record and to receive public comment solicited by this notice. MH/Public Notice -AS 38.05.945 3EnF,6 Iv141!�s 'Dill � ;1a.1h/e 1avi2,ij4 ""rust l.IM& Mental Health T r us-, R ec.onstitution Index Map Southcentral Region DNR DEPARTMENTAL REVIEW DRAFT Current as of December 29, 1993 MW pMws— abera R"M Am 0 25 50 miles Proposed Substitute Lands ® Disputed Proposed Substitute Lands Non -Conveyable Original Trust Lands as of September 23, IM: MInside Legislatively Designated Areas 'Proposed Subadhae Land' mans land that is proposed by eithc the State or Sealim Plaint & for conveyance to the Mental Healtb Tnut Audway trade: 66. SLA 1991, in etehnop for Original Taut Lead that a not canveyabie to the Tn3sL 7Ue Proposed Subonne land depicted on this map have been nommated by the Seutina Ptaeotfs The SetdM Pl muffs ate those plaioMb in Weis Y. State that have ewre' into a Settimm t Aremeat (April 6, 1992) with the Stets to recomooft the Mewl He>tlth Trust ®der t3apts 66, SLA 1991. 'Nowoouveyable Original Trust Land' is that OnPW Taut Land that will act be conveyed to the Tnut and Maples 66, SL.A 1991. 'Dnptued Proposed Snbstmae land' meaos that Proposed Subadmts Land wbose nomineuon by the Scol ng Plabwm is diapmed by the State, This rasp depicts the entirety of a satias as Proposed Subsomne Land if any part of the seetwo has been noms ued as Proposed Subsooue land. 7Lis is only an index map to the nominniea of Proposed Subsmue land, Detailed map (USGS 1:63,3W gnadmogks) potuaymg Proposed Sulardms Lid an availaWs imam tba Pablic Laf mMo a Center. Depaetmmt of Natual Resoaesa Plase cramb bless map for a rears rescue bxzoco of noo ested Proposed SobrEaua Land. CITY OF KENO Od Cap," 441ca*a - - 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 byrtyl Ww&nr IIIIII MEMORANDUM 1992 TO: Thomas J. Manninen, City Manager FROM: Kim Howard, Administrative Assistant DATE: February 3, 1994 RE: Sale of Lots in Evergreen Subdivision, Kim Addition Attached is a proposed brochure I drafted for the sale of the fifteen (15) lots in Evergreen Subdivision, Kim Addition. Kenai Municipal Code specifies that the City Manager determines the timing, terms, and details of the sale; Council action is not required for these. The format is similar to that used in the 1992 Land Foreclosure Sale. Fair market value has been established at $11,000 for each lot. The Code requires the property be sold at not less than the fair market value. The terms of sale are cash. This is for two reasons. One, Council resolution sets the rate of interest to be 10% to be applied in notes taken on the sale of City lands. Alaska Statute 45.45.010(b) states: Interest may not be charged by express agreement of the parties in a contract or loan committment that is more than five percentage points above the annual rate charged member banks for advances by the 12th Federal Reserve District on the day on which the contract or loan committment is made. A contract or loan commitment in which the principal amount exceeds $25, 000 is exempt from the limitation of this subsection. This puts the legal rate of interest at about 8%. Normally our sales are over $25,000 and this statute does not apply. However, in this case, these sales will all probably be less than $25,000 so the statute will apply. The second reason for a cash sale is that it will be easier for Administration to finalize the sales. The brochure has been reviewed by the Finance Director, City Attorney and City Engineer. You may wish to include the brochure as a discussion item in the next packet and ask the Council to read and comment on the General Information, Bid Form and Advertisement. City of Kenai 1994 Evergreen Subdivision, Kim Addition General Information O On April 14, 1994, the City of Kenai will be conducting a sale of fifteen (15) residential lots in Evergreen Subdivision, Kim Addition. The lots are located in a neighborhood zoned RS-1, north of the Kenai Spur Highway, bounded to the east by Forest Drive and north by Redoubt Avenue, approximately two miles to the north and west of the downtown Kenai commercial district. The RS-1 zone allows for construction of one and two family dwellings only. The land has been acquired by patents from the State of Alaska and the Federal Government. The properties are described as: Lot 1, Block 1, Evergreen Subdivision, Kim Addition Lot 2, Block 1, Evergreen Subdivision, Kim Addition Lot 3, Block 1, Evergreen Subdivision, Kim Addition Lot 4, Block 1, Evergreen Subdivision, Kim Addition Lot 5, Block 1, Evergreen Subdivision, Kim Addition Lot 6, Block 1, Evergreen Subdivision, Kim Addition Lot 7, Block 1, Evergreen Subdivision, Kim Addition Lot 1, Block 2, Evergreen Subdivision, Kim Addition Lot 2, Block 2, Evergreen Subdivision, Kim Addition Lot 3, Block 2, Evergreen Subdivision, Kim Addition Lot 4, Block 2, Evergreen Subdivision, Kim Addition Lot 5, Block 2, Evergreen Subdivision, Kim Addition Lot 6, Block 2, Evergreen Subdivision, Kim Addition Lot 7, Block 2, Evergreen Subdivision, Kim Addition Lot 1, Block 3, Evergreen Subdivision, Kim Addition Lots 1-7, Block 1 and Lots 1-7, Block 2, are similar in size, with lot sizes ranging from 12,742 sq. ft. to 12,871 sq. ft. Lot 1, Block 3 is larger, with a square footage of 18,768. Each of the lots have similar paved road access, and public water and sewer utilities stubbed to the lot line. Electricity, telephone and natural gas are available along Evergreen Street. The City does not warrant the availability of, or cost to extend these utilities. Bidders are urged to check with utility companies as to utility locations. All bids must be submitted in writing on the bid form included in this bid package. A separate bid form must be used for each parcel. Bidders may copy the blank form for the purpose of bidding on several parcels. All bid forms must be signed and completely filled out. Bidders must be at least eighteen (18) years of age at -1- P the date of the bid opening. Any irregulariti the bid form, such as incomplete information, insufficient or inconsistent identification of the property, or lack of signature, may invalidate the bid. All bid forms must be sealed with the required bid deposit(s) in envelopes addressed as follows: City of Kenai, Alaska 1994 Evergreen Subdivision, Kim Addition Land Sale 210 Fidalgo Avenue, Suite 200 Kenai, Alaska 99611-7794 Bid envelopes must be received prior to the bid opening to be held at 10:00 a.m. on April 14, 1994 at City Hall at the above address. Hand delivery to Kim Howard or Sheryl Paulsen in City Hall is recommended. Once received by the City, a bid may not be withdrawn. However, a bidder is not prohibited from making more than one bid on a single parcel. Ties will be broken by drawing the name of one of the tie bidders from a hat. The bidder whose name is drawn shall be deemed to have bid an additional $1.00 in breaking the tie. A $500 bid deposit in the form of a cashier's check or money order must be included with each bid form. A bid envelope may contain multiple bid forms. The minimum acceptable bid for each lot is $11,000. The terms of sale are cash, cashier's check, or money order within 14 (fourteen) days of the bid opening. Conveyance will be made by quitclaim deed. No subsurface interest will be conveyed to the buyer. All recording fees will be paid by the buyer. The City will provide an updated title report at the time of sale. In the event that full payment is not received from the highest bidder within 14 (fourteen) days of the bid opening, the bid deposit will be forfeited and the successful bidder loses all right to the property. In this case, the property will be offered to the second highest bidder, who must perform at his or her bid amount within 14 (fourteen) days, or the bid deposit will be forfeited. This process will continue until the land is sold or there are no more bidders. Bid deposits of unsuccessful bidders will be returned by City check within sixty (60) days of the bid opening. This extra time allows the City to offer property to the next highest bidder(s) if the highest bidder fails to perform within the designated time. The bid deposits, less fees, of successful bidders who perform within the designated time will be applied to the sale price. -2- oRPFt The buyer will take the property with no amounts due for City special assessments or for City or Borough property taxes for 1994 or prior years. All property is to be sold subject to any and all restrictions, easements, or reservations of record, zoning ordinances, and any and all plat requirements and covenants. All prospective bidders are urged to examine any parcels they are interested in prior to the sale. Prospective buyers are advised that conveyance will be by quitclaim deed and the City does not warrant for its right, title, or interest in any of the properties. No subsurface interest will be conveyed to the buyer. Prospective buyers are also advised that the City reserves the right to withdraw any or all of the parcels scheduled for sale, either before or after the bid opening. Questions concerning the sale procedures should be directed to Kim Howard at 283-7530 at City Hall. The City of Kenai will not disclose bidding information, such as what bids have been received from whom or for which lots bids were received (if this information is known) until after the bid opening. -3- City of Kenai 1994 Evergreen Subdivision, Kim Addition BID FORM Bidder's Name: (Please print or type) Address: City, State and Zip: Phone Number(s): This bid is on the following property (list only one parcel): Legal Description (found in bid package): Lot , Block , Evergreen Subdivision, Kim Addition Total bid amount in numerals: $ Total bid amount in writing: (Note: Minimum bid is $11,000, all sales are cash sales.) My $500 good faith deposit, in the form of a cashier's check or money order, is attached. I acknowledge the terms and conditions of the land sale as set out in the bid package and the General Information. Signature Date TAT: ehn��c r, f X X, •I W RR ,at 7 + +� + T w==%M lIaE1I1 ROT � r_j.�, Ir•i��j� of-oll dw REMAINDER 5th Ave 5 th Avenue 13p.00 ��R-20 LOT 1=31.a 2871.400 Sc.l W 150.00' LOT 2 33 LELAND ' 2656.500Sc+ WE S T 150.00 LOT 3 W ' 2856.500Sq.FL m 150.00 LOT 4 i Ln m� o LO 12856.500Sa.F co 150.00 LOTS C:) m m' SPRUCE 12856.500Sa.F'_ 150.00 GROVE LOT 6 ' 2856.500S3.R cc 150.00 - ' � LOT 7 N ^' 2742.400Sq.F;. 130.0o R=20 \ 4th Ave. 9 _" 41 4 th Avenue EAST. n = 130.0o R 20 LU1 1 =31.41 3 `'j '2742.40OSq.FL 150.00 O O LOT 2 ^7 W g GOV'T LOT o LiJ62 150.00 LOT 3 150.00 ` LOT 4 J 2856.SOnc 150.00 LOT 5 v rn m � MEEKS 150.00 `_UBDIV1SION LOT 6 ' 2856.SOOSc.7_ 150.00 LOT 7 r: wi '2742.4005c.~ r `� 132.0o 3=2G Jrd Ave. =3..a' 3 rc Avenue `AS' S 1 /16 130.00 R-20 LOT 1 BLOCK 3 C CR 1 GOV T LOT . La., 150.00 162 32 BASIS of HARING WEST 812.00 Plat 84-125 TRACT A-1 so• EVERGREEN TRACT A RFCI IR WASTEWATER The Alaska Deportme Conservation has rev subdivision's wastewo approves this subdivi Signatu e KENAI RE.. DISTRICT DATE—,! 9 wl-_ _41 Requested by Address I -nf \''\ e BLM monument recovered , 'i uminum monurnent recoverec 0 2" Aluminum cap recovered Set 5/8" rebar w/plastic coo at all lot comers CITY OF KENAI NOTICE OF LAND SALE P► 1994 EVERGREEN SUBDIVISION, KIM ADDITId0?-*- On April 14, 1994 the City of Kenai will be conducting a sale of properties described as Lots 1-7, Block 1; Lots 1-7, Block 2; and Lot 1, Block 3, Evergreen Subdivision, Kim Addition, located within the City of Kenai, Kenai Recording District, Third Judicial District. The lots are located in a neighborhood north of the Kenai Spur Highway, bounded to the east by Forest Drive and north by Redoubt Avenue, approximately two miles to the north and west of the downtown Kenai commercial district. Current zoning is Suburban Residential (RS-1). The properties have a level topography from road grade, moderate to heavy spruce and birch tree cover, and soils suitable for development. Water, sewer, electric and natural gas utilities are available. The lots will be sold by competitive sealed bid to the highest responsible bidder. Bids will be publicly opened and read aloud at 10:00 a.m. on April 14, 1994, at Kenai City Hall. Minimum acceptable offer for each lot is $11,000. A $500 bid deposit in the form of a cashier's check or money order must be included with each bid form. A bid envelope may contain multiple bid forms. The terms of sale are cash. Conveyance will be made by Quitclaim Deed. No subsurface interest will be conveyed to the buyer. Bid forms and instructions can Fidalgo Avenue, Suite 200, Kenai, is (907) 283-7530. Publish: be obtained at City Hall, 210 AK 99611-7794. Telephone number Anchorage Daily News: March *, 1994 Peninsula Clarion: March *, 1994 Alaska Journal of Commerce: March *, 1994 . � /Z; �'ld�y - CITY OF KEN_..W4444' it COW 0 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 MEMORANDUM 1992 TO: Mayor John J. Williams and Kenai City Council FROM: Thomas J. Manninen, City Manager-r�,v"V'' DATE: February 11, 1994 RE: Meeting with DOT&PF Officials on 1994 Kenai Spur Highway Project - street Lighting Update On February 9, 1994 a meeting was held to discuss issues the City had with the recent redesign of the Kenai Spur Highway, from Swires to Tinker Lane. In attendance at the meeting were State officials, Mayor Williams, Keith Kornelis and myself. Under the previous design, the State would install fourteen (14) high pressure sodium lights from Swires to Tinker and maintain them. The State would also install ten (10) additional lights that the City would maintain in the area from Swires to Tinker. Twenty- four (24) lights were proposed to be installed from Swires to Tinker. John Horn with DOT&PF agreed, with 99.9 percent certainty, that the State should pick up the operation and maintenance costs on the ten (10) lights originally slated for the City to operate and maintain (unless there is some requirement that he is currently unaware of.) Also, Mr. Horn indicated there is time left for the City to suggest additional lighting on the Kenai Spur Highway Project. Mayor Williams suggested additional lights be considered at the apex of the curve in the area between Davidson Road and Candlelight. CITY COUNCIL ACTION NEEDED: There still is time for the Council to consider locations of other lights. If the City desires additional lights, the State will pay for the capital costs as part of the project. However, the City would have to sign an agreement to pay for the on -going maintenance and electricity on the additional lights. IF THE COUNCIL WISHES TO CONSIDER ADDING ADDITIONAL LIGHTS, TAKE ACTION SO THAT THE STAFF CAN ADVISE DOT&PF REPRESENTATIVES. Thank you for your consideration of this Kenai Spur Highway Project update on street lighting. If you have any questions or comments, please feel free to contact me at the office, or discuss them at the next Council meeting. cc: Keith Kornelis, Public Works Director TJM/kh C:\NP51\TJM\SPUR.MEM CITY OF KEN g, .. Cgd 44444-MC& 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 ~ TELEPHONE 907-283-7535 FAX 907-283-3014 1992 MEMORANDUM TO: Tom Manninen, City Manager FROM: Keith Kornelis, Public Works Director tom_ DATE: February 11, 1994 SUBJECT: Thomason Park Sewer Interceutor - CO #1 FOR: City Council meeting of 2/16/94 Mike Tauriainen, the design engineers for the water and sewer lines through out the Thompson Park Subdivision would like to have the sewer manhole they tie into lowered. This manhole is the last one to be furnished and installed by Zubeck, Inc. as part of the Thompson Park Interceptor. Qhange Order.No. 1 will make this change. KK/kw �w C.O. sent to on Page of C.O. approved by on CHANGE ORDER NO.: 1 Project: Thompson Park Sewer Interceptor Initiation Date: 2/7/94 Contractor: Zubeck, Inc. City of Kenai You are hereby requested to comply with the following changes from the contract plans and specifications: Item No. Description of changes - quantities, units, unit prices, change in completion schedule Increase or (Decrease) 1. Modifications to MH #ED-44 & ED-45 $ 6,400.00 Modifications to drop connect (already assembled) Additional excavation depth between MH #ED-44 and #ED-45 De -watering as needed *Note: additional depth to MH#ED-45 is not included, it is covered by bid item #50.04B � / 4 /4 F*it bsu+ewt M!t l iftu Of my Mgr. Attsraey K� k '+Verics City Cierf Fk�_W��oon��✓✓ Of1gkW T�Bukmltt0 k-" �dl !K Yes Ck.--- CINe Net change in contract price due to this C.O. $ 6,400.00 CHANGE IN CONTRACT TIME CHANGE IN CONTRACT AMOUNT Original time 7/1/94 Previous C.O.'s 0 This C.O. 0 Revised Contract'time 7/1/94 Original Contract Amount 1,035,607.65 Previous C.O.'s 0.00 This C.O. 6,400.00 Revised Contract Amount 1,042,007.65 (Attached) (Aheve) is full justification of each item on this C.O. including its effect on operation and maintenance costs. This C.O. is not valid until signed by both the Owner and Engineer. Kenai City Council has to approve all C.O.s. Contractor's signature indicates his agreement herewith, including any adjustment in the Contract sum or Contract time. By By By Engineer Contractor Owner Date Date Date v 1- t't3pe No. '1 Papas ' 94-02-07 13 : 3 7 ZUEEC4, I HC . 6 7 ,0, 9,,0 ZUBECK, INC. General Contracting Lie. tlAA2208 �> 7983 Kenai Spur Highway r FED 19U KENAI, ALASKA 99611 -, Received (907) 283.3991 City of Kenai C PROPOsAt. su y PMONs OATS ZZ7 STIRE ? , ---s LQv JOB NAME IF 14 Agg 14;;�.a5 le.4 At Pra;IaBt hereby to furnish material and labor — complele In accordance with speelficatlons below, for the sum of; zliiN-a .�1�/►'i /}( /SdUS.4n�D �oa,2�vc.u7.2xo dollars (S G �Ota• 00 i Payment to be made as follows: �- i An Material Is smarsnteod to be @e sp@olnad. AN o4m to bo doasistxd In a wot11am000 manner according to standard pn@tlaoa. Any @Maranon of dandon them speatneaNe@s be- low Involvoe extra Coats rill be executed anti upon Written orders, and will become an extra cber" ever end abeve the eatllnAte. An asreemstnv copllnQant upon strtkea. ecet• Note: This pro I may be lento or delay@ beyond our control. owner to carry fire. tornade and olhar necessary W�Ilditivrlt by us M not accepted wlthM► Inaurana@. Our wont@ro are fully covered by Wartmon's Camponsatbn insurance. We hereby subm" specifications and estbtntes for. /yo,pi6�C,�7` io /L-' S 70 /V Y E'o 4/4/ / 010 p 1•971Gq i o iv S -,PV "o oOo 4�10.vNdr-C i (. A,c .ez.4Dt A SSJ 4.5- k VA rE.2 /i✓cS 141 5 iVE &.=.-AD .S'l7 -* ivo rar . • Ado ��o�.q o�� `r �1�' '"o - V-1 ,,S Now WINCE- C O R THEL L- BR YS O N CONSULTING ENGINEERS P.O. BOX 1041 KENAI, ALASKA 99611 (907) 283-4672 February 3, 1994 Job Number 92-156 Zubeck, Inc. 7983 Kenai Spur High wa y Kenai, Alaska 99611 Attention: Bill Zubeck Subject: Request for Price to Perform Additional Work 1993 Thompson Park Sewer Interceptor Bill. The City of Kenai has requested our office to solicit a lump sum cost from you to modify the construction items that will affect Manhole ED-44 and its drop inlet sewer connection Manhole ED-45, and the 12" D.I. pipe that connects them. The changes are proposed to lower the unconstructed pipe planned (and under contract) between the above named Manholes by 2 feet at both ends. Proposed invert changes are as follows: T. 0. G. West Inv. East Inv. S. Inv. MH 44 No Change No Change 20.20'/25.20' N/A MH 45 No Change 25.63' 25.68' 25.68' The requested lump sum cost is intended to reimburse the Contractor for all additional costs; including, but not limited to those associated with manhole and drop inlet modifications, placement of pipe and manholes at greater depths, dewatering as required, profit and overhead. The basic unit prices bid in the original contract would remain unchanged and be paid in addition to the requested lump sum, if mutually approved by the City and Zubeck, Inc. If you have any questions, or require additional information regarding this project, please contact me at our office. Sincerely, flip W. Br song Wince-Corthell-Bryson 1 w P ,J C!� .= 3 C!) ✓-z I Z' 5z lal W I V 1 I MOE Nwoz 4a c� IEo J o m I � �I fI • 0lM-'A313 00+0« vls 01. Z N I� 4 BrUs NI 'S NI M u O N 0 r- d- CITY OF KEN f - / it Od eCZjrJ4:W 4 4&dka " 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 �d �r.enr 1II�I1 1"2 MEMORANDUM TO: Mayor and Councilmembers FROM: Carol L. Freas, City Clerk City of Kenai DATE: February 11, 14 RE: HISTORIC DISTRICT BOARD At the February 2, 1994 Council Meeting, Mayor Williams stated he would bring to this meeting a list of prospective appointees for the Historict District Board. Mayor Williams requested you review the list of names and appointments will be made at the March 2, 1994 council meeting. Attached are copies of applications of some of the prospective appointees. Others have been contacted and sent applications to be completed. At this time, the list of names of prospective appointees is as follows: Dorothy McCard (application mailed) Bobbie Oskolkoff (application mailed) Sharlene Rooker (application mailed) Alan Boraas (left a message) Jim Arness (application mailed) Karen Mahurin (application attached) Rosie Murphy (application mailed) Scott S. Rathman (application attached) Diane Rathman (application attached) Roger Meeks (application mailed) Katherine Boling (application mailed) Marion Nelson (application mailed) I have attached a copy of KMC 14.20.105 which discusses the responsibilities of the Board, as well as defining the Townsite Historic (TSH) Zoning District. clf FEB 10 '94 09:33AM SOLDOTNA JR. HIGH 907 262 7036 P. HOLY ASSUMPTION OF THE VIRGIN MARY (RUSSIAN) ORTHODOX CHURCH P.O. BOX 1227 KE", ALASKA 99611 John Williams, Mayor City of Kenai 210 Fidalgo Street Kenai, Alaska 99611 Dear Mayor Williams, February 9, 1994 Post4t' brand fax transmittal memo 7ib71 a a+ pegee ► k co. Ca ftx The following church members represent our recommendations for appointments to the Townsite Historic Board: Dorothy McCard, 193 Trumpeter Avenue, Soldotm, AK 99669 Bobbie Oskolioff, P.O. Box 266, Kenai, AK 99611 Sharlene Rooker, P.O. Box 7426, Nikiski, AK 99635 In addition, we would Like to recommend the following individuals be appointed to the board: Alan Boras Jim Arness Karen Mahurin Rosie Murphy In order to complement the seven members who will comprise the board, we would like to suggest that two advisory appointments be made from the Planning & Zoning Commission and the City Council, Ron Goecke and Duane Bannock respectively. Thank you for your consideration of our request. Sincerely, Dorothy G. McCard Secretary Lb C:1 ,�4, K.l' c�f1 L l I T Jr KtrVJ y0i eld f i1914 P* Wt" ti rand tax transmittal moip) 7t71 i o(;Aq" IV Were W "� --- CITE' OF KENAI 210 FIDALGO AVE., SUITE 200 KEW, ALASKA 99611 7794 TELEPHONE 007-283.7635 . _ FAX 807-2LI-3014 CITY Or • BACKGROUND AND PnsonL DATA - CANDIDATE8 FOR APPOIN1'IiZNT TO COlDlZITTZZB KNO COUNIBBIONS DATE= FPhruary 9. 1993 ]i7lMI Karen J. Mahurin Resident of the City of Kenai? _ Yes _ Nov long? 25 years Residence Address 311 Aspen,prjvg Mailing Address P. o. Box 1073 Telephone No. 283-4697 Business Address _ 49 N. Forest Drive Telephone No. 283-4826 MOLOYBRt Kenai Peninsula -Borough School District, Sears Elementary Job Title Head Secretary NW OF OPOUSZ1 Marshall_L. "Woody" Mahurin current membership is organisationst KPESA, NEA-Alaska, NEA, Central Labor Council,Ladies of the Moose Past organisational aeabershipst City of Kenai Planning and Zoninq COMHITTE218 OR COMMISSIONS IN WHICE YOU AM INTBRZBTEDt Historic T\\ownsite Review Board WHY DO YOU WA TO Bs INVOLVED WITS T228 COMKIBBION OR CONKITTEE? The historic townsite is a special area of Kenai. 1 am concerned that we maintain the integrity of that area through careful planning and zoning. 2 believe in this board and wish to be a contributing part in the preservation of this area. � k 81qnatuSW CITY OF KENAI 11 Od Ox6jz '" 4414aakall 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 CITY OF KENAI �I BACKGROUND AND PERSONAL DATA - CANDIDATES FOR TO COMMITTEES AND COMMISSIONS DATE: NAME: Resident of the City of Kenai? V 6 J How long? �/ ��-� - Residence Address -Ll Mailing Address Telephone No. L r 3 r! Z 61 � Business Address / / D �o u-t� Sp a i� ` Telephone No. 2- �3 - /n� d EMPLOYER: s 77 -� /L'w c / Job Title ' ,- NAME OF SPOUSE: IJ i p w Current membership in organizations: .zs / d--t r C l G X 6Q,4 Past organizational memberships: i�/cy6 gd la .• aati�� �� /L�L�a��s iN 6 COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED: WHY DO YOU WANT TO BE INVOLVED WITH THIS COMMISSION OR COMMITTEE? whAOVIC H; sr�;ty �� �AY �ti-A � Q w y. Signature Resident of the City of Kenai? �en How long? Residence Address ZCA� ',fn. Ernrest T)r it 17 Mailing Address (-!�flme- Telephone No. 2 - Z (p Business Address ?n -t,4nx (c)91 Telephone No. 2 _ + (31 EMPLOYER: �I'Vl l V 15l Z(�'f enr ✓P /1 fi On ]� tl rpti u Job Title NAME OF SPOUSE: fS Current membership in organizations: - Ifilal, J(L- e, Ajrfoo-lb-es ralf-ci I Past organizational memberships: COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED: rI . , . _ WHY DO YOU WANT TO BE INVOLVED WITH THIS COMMISSION OR COMMITTEE? 14.20.080 Rurai Residential Zones (RR. RR 1 Zoned: (a) Intent: The RR Zone is intended to provide for low density residential development in outlying and rural area in a form which creates a stable and attractive residential environment. The specific intent in establishing this zone is: (1) To separate residential structures to an extent which will: [i] Preserve the rural, open quality of the environment; [ii] Prevent health hazards in areas not served by public water and sewer. (2) To prohibit uses which would: [i] Violate the residential character of the environment; [ii] Generate heavy traffic in predominantly residential areas. (b) Principal Permitted Uses: As allowed in Land Use Table. (c) Conditional Uses: As allowed in Land Use Table and subject to the provisions of this chapter. (d) Accessory Uses: As defined (see Definitions). (e) Home Occupations: Uses as allowed by this chapter. (f) Development Requirements: As described in Development Requirements Table. (g) Parldng Requirements: As required by this chapter. (Ords. 925, 1009) 14.20.090 Suburban Residential 7om M, RS-1. RS 2 Zones): (a) Intent. The RS Zone is intended to provide for medium density residential development in area which will be provided with common utility systems. The specific intent in establishing this zone is: (1) To separate residential structures to an extent which will allow for adequate light, air, and privacy; (2) To prohibit uses which would: [i] violate the residential character of the environment; [ii] generate heavy traffic in predominantly residential areas. (b) Principal Permitted Uses: As allowed in Land Use Table. (c) Conditional Uses: As allowed in Land Use Table and subject to the provisions of this chapter. (d) Accessory Uses: As defined (see Definitions). (e) Home Occupations: Uses as allowed by this chapter. (f) Development Requirements: As described in Development Requirements Table. (g) Parking Requirements: As required by this chapter. (Orris. 925, 1009) 14.20.100 Urban Residential Zone OW Zone): (a) Intent. The RU Zone is intended to provide for apartments and compatible uses in areas near centers of shopping, services, and employment where high density residential development is desirable. (b) Principal Permitted Uses: As allowed in Land Use Table. (c) Conditional Uses: As allowed in Land Use Table and subject to the provisions of this chapter. (d) Accessory Uses: As defined (see Definitions). S46-11/ 13/87 14-21 CITY OF K NAI (e) Home Occupations: Uses as allowed by this chapter. (f) Development Requirements: As described in Development Requirements Table. (g) Parking Requirements: As required by this chapter. (Ord. 925) 14.20.105 Townsite Historic (TSH) Zoning District (a) Intent. The TSH Zoning District is intended to provide for a mixed, controlled use in a designated area, which will protect and enhance the historic character of the zone. The goal of the TSH zone is to manage all new development, reconstruction and alterations within the zone. The intent of the Townsite Historic Review Board is to enhance and identify the city of Kenai's heritage, to present this heritage in a manner that promotes civic pride, and to foster an awareness of where we as a people have evolved. _ (b) Historic District Board. A historic district Board will be established to regulate development within the TSH zone. The following provisions will govern the Board's activities through the State of Alaska Certified Local Government Program: (1) The Board will consist of a. minimum of seven members with a demonstrated interest, competence, or knowledge in historic preservation, appointed for terms of not less than three years. A majority, plus one member must be residents of the City of Kenai. (2) To the extent available, three Board members shall be professionals, as defined by National Park Service regulations, from the disciplines of history, architecture or architectural history, and archeology. (3) The Board will meet twice each year or as necessary and conduct business in accordance with the Open Meeting Laws of Alaska. This includes public notification of meeting place, time and agendas. (4) Written minutes of each Board meeting will be prepared and made available for public inspection. (c) Historic District Board Duties: (1) The Board shall make recommendations to the Kenai Planning and Zoning Commission as to the area of the city to be included within the zone and any adjustments to the boundaries in the future. (2) The Board shall review zoning requirements and review all proposed changes to the zoning law within the TSH Zoning District. (3) The Board shall schedule a minimum of two meetings annually and special meetings as requested by the Planning Department to review proposed building permit applications within the zone or other business considered necessary by the Planning Department. (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 every ten years. S65-10/20/93 14-22 CITY OF KENAI -- (5) The Board shall review and comment to the State Historic Preservation Officer on all proposed National Register nominations for properties within the boundaries of the City. When the TSH Board considers a National Register nomination which is normally evaluated by professionals in a specific discipline and that discipline is not represented on the Board, the Board will seek expertise in this area before rendering a decision. (6) The Board shall act in an advisory role to other officials and departments of local government regarding the identification and protection of local historic and archaeological resources. (7) The Board shall work toward the continuing education of citizens regarding historic preservation and the community's history. (8) The Board will review all building permit applications as well as all exterior architectural alterations and demolition within the designated zone. The Board's responsibility will be to provide it's recommendation for approval, denial or modification to the Planning and Zoning Commission. The guidelines to be followed by the Board will be designed to preserve the character which typify development in the zone and provide the basis for preserving the historical character of the zone. Applications must be accompanied by a schematic drawing of proposed changes within the zone. (9) The Board shall develop a local historical preservation plan that will be compatible with the Alaska State Historic Preservation Plan and produce information that is compatible with the Alaska Heritage Resource Survey. (d) Application: An application requiring review in TSH Zoning District shall be filed with the Planning Department. The TSH zoning district, as located within the bounds shown on the City of Kenai Official Zoning Map. The application shall contain: (1) One reproducable copy of the application signed by the applicant and, if leasing the premises, co -signed by the owner indicating type or nature of business. (2) Current color photographs of the site and of any existing structures representing both the overall condition of structures and accurately portraying materials and color. (3) Reproducable schematic plans of the proposed construction sufficient to show building size and layout, exterior elevations, proposed materials and colors. (4) A landscaping and site plan complying with KMC 14.25 and the development criteria of this chapter drawn to scale showing the existing structure and all proposed alterations and additions in relation to the site. (e) Development Criteria. The development criteria is intended to provide for a district in which residential and business enterprises co -habitat as a desirable and compatible use. All proposed construction, renovation, demolition, or alteration shall: (1) Encourage, whenever possible and compatible with historic character of the TSH zone, foot traffic; restaurants, gift shops, parks, etc; indigenous Kenai Peninsula flora; wooden structures including log style with soft colored or natural sidings. (2) Discourage uses which will violate the historic and scenic quality of the S65-10/20/93 14-23 CPTY OF KENAI TSH zone; buildings and building additions that are not compatible with adjacent buildings or which violate the existing character and scale of the district. (3) Specific structures and activities which will not be allowed, but are not limited to: (a) Buildings with "modern design style of architecture" that have no historical correlation with the district; (b) Multiple family residences (excluding duplexes); (c) Gas stations; (d) Auto repair shops; (e) Rental storage of any kind; (f) Kennels or similar uses; (g) Livestock, Stables, Commercial horseback riding; (h) Auto body and paint shops; (4) Commercial buildings are limited to a total area of no more 5,000 square feet per story. Any individual unit within the structure may be of no more than 2,500 square feet, except that the Commission may allow a larger individual unit if it is determined to be compatible with the zone. (5) Metal -sided buildings may be allowed if the Commission determines they are compatible with the zone. (f) Criteria for determining acceptable use shall include, but not be limited to the following: (1) All alterations to existing structures should be performed so as to preserve the historical and architectural character of the TSH zoning district. (2) The distinguishing original qualities or character of a building, structure, or site in its environment shall not be destroyed. The removal or alteration of any historic material or destruction of architectural features cannot be done without approval. (3) Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site, and its environment. These changes may have acquired significance of their own, which should be recognized and respected. (4) Landscaping requirements according to City of Kenai as required by KMC 14.25. (5) All exterior construction must be completed within a year of date of approval. (g) Existing structures: All structures existing prior to the enactment of this ordinance will be allowed to continue in their present form and use. In the event of loss of the existing structure due to demolition, fire or natural causes, the structure may be rebuilt with the following requirements: (1) The structure to be rebuilt must conform to the previously existing structure in terms of size, shape and location unless the Commission determines the new structure is more compatible with the intent of the TSH zone. (2) The use of the new structure must be the same as the use of the S65-10/20/93 14 24 CITY OF KENAI �- previous structure. (3) Application for reconstruction of the structure must be made to the Planning Department within one year of the date of loss due to demolition or damage. (4) Reconstruction of the structure must be complete within two years of the date of the loss due to demolition or damage. (5) If applicant wants to rebuild, other than a pre-existing structure, the existing structure provisions as stated above are not applicable. (h) Criteria for designation of landmarks to be included in the TSH: (1) Its age - approximately fifty years old. (2) Its character, interest or value as part of the development, heritage, or cultural characteristics of the city of Kenai. (3) Its location as the site of a significant historic event. (4) Its identification with a person or persons who significantly contributed to the culture and development of the city of Kenai. (5) Its distinguishing characteristics of an architectural type. (6) Its relationship to other distinctive area that are eligible for preservation according to a historical, cultural, or architecauai criteria. (i) Uses. (1) Principal Permitted Uses as allowed in Land Use Table. (2) Conditional Uses: As allowed in the Land Use Table and subject to theprovision of this chapter. 1. Such uses must be similar to principal uses permitted in the zone. 2. Such uses must be in harmony with the intent of the zone. (j) Review process. Upon submittal of an application, the Planning Department shall schedule the application for review by the TSH Zoning District Review Board at the Mowing appropriate meeting. The Board shall make a recommendation regarding the permit application to the Planning and Zoning Commission. The Board's recommendation shall be based upon the development criteria in this section and all other pertinent provisions of the Kenai Municipal Code. (k) Signs. signs shall be allowed in the Commercial Zone as set forth in KMC 14.20.220(c). 0) Penalties. Penalties for non-compliance with this Chapter shall be as set forth by KMC 14.20.260. (m) Definitions. 1. Alteration -Any act or process that changes one or more of the exterior architectural features of a structure, including, but not limited to, the erection, construction, reconstruction, or removal of any structure which requires a building permit. 2. Construction -The act of adding an addition to an existing structure or the erection of a new principal or accessory structure on a lot or property which requires a building permit. 3. Demolition -Any act or process that destroys in part or in whole a landmark or a structure within a historic district. S65-10/20/93 14-25 CITY OF KENAI 4. Certified Local Government -A local government "that has been certified to carry out the purposes of the National Historic Preservation Act." 5. Historic District -An area designated as a "historic district" by ordinance of the City Council, which contains within definable geographic boundaries, one or more landmark and which may have within its boundaries other properties or structures that, while not of such historic and/or architectural significance to be designated as landmarks, nevertheless contribute to the overall visual characteristics of the landmark or landmarks located within the historic district. 6. Historic Preservation -The act of adopting regulations and restrictions for the protection and preservation of places and area of historical and cultural importance to the Kenai. 7. Landmark -A property or structure designated as a "landmark" by ordinance of the City Council, pursuant to procedures prescribed herein, that is worthy of rehabilitation, restoration, and preservation because of its historic and/or architectural significance to the city of Kenai. 8. New Development -Any development which requires a building permit. 9. Reconstruction -The action of returning a structure to original state. 10. Relocation -Any relocation of a structure on its site or to another site. 11. Renovation -To restore to a former better state (as by repairing or rebuilding). 12. Site plan -Schematic drawing complying with the development criteria of this chapter and drawn to scale showing proposed structure in relation to the site. (Ord. 1133, 1527-93, 1567-93) 14.20.110 Central Commercial Zone ACC Zane): (a) Intent. The CC Zone is established to provide for an area of concentrated commercial development. Regulations applying to this zone are designed to encourage a compact group of business of the type which are mutually beneficial and located close enough together to encourage walk-in trade. (b) Principal Permitted Uses: As allowed in Land Use Table. (c) Conditional Uses: As allowed in Land Use Table and subject to the provisions of this chapter. (d) Accessory Uses: As defined (see Definitions). (e) Home Occupations: Uses as allowed by this chapter. (f) Development Requirements: (1) No stores or businesses shall involve any kind of manufacture compounding, processing, or treatment of products where such operations are objectionable due to odor, dust, smoke, noise, vibrations, or other similar nuisances. (2) Open Storage: No open storage shall be located closer than 25 feet to the adjoining right-of-way of any collector street or main thoroughfare. Any open storage visible from a collector street shall be enclosed with an eight foot (8') high fence of good appearance acceptable to the Commission. (3) Lot and yard requirements (see Development Requirements Table - Additional Requirements Section). S65-10/20/93 14.26 CITY OF KENAI FEB 11 194 11:15P' --ITY 'Y K'DtAI 907 293 9014 CITY OF KENAI T aj4„ 1DALGO AVE.., SUM 00 KMM, ALASKA OMI TJ94 TELEP14ONS 907-US-7535 FAX 90744"014 7on1. BACKGROUND AND PERSONAL DATA - CANDIDATE8 FOR "POZMTMZUT TO COMXITTEE8 AND COMIBBIOWS D&T$: Resident of the City of R*nai? !Vy Now long? - ! & (AI N /"v KwV/#/ Residence Address mailing Address Pp J" "Ak Telephone No. (Z1w5- Business Address ele`phone No. .;Zg3 - ! 3% 23&LOYER: job Title z0ho 44e ^(,e 17f,,� ARM OF SPOUSZ: current membership in organisations: 016 /I`oc '� CrEA 04, n.P -5 stir G ty7?v G /vc/, e"* ..J Past organizational memberships: i'��1rCG /7 r4G �L yiG �G U���r.rdr)Gc��i7�6� aE`y H liy�Hi!'Ef A7-6 iz b, O T/ gw5 (�yrGl�. �, !�h /�i�JTif�=rE /tom/>�lact AY COIMITTEZO OR CONXISSIONS IN WRICS YOU ARE INTZRZSTZD: WHY DO YOU WANT TO HE IMVOLVED WITH THis CONXISBION OR COIF MER? f f�`%.k'F ,� /-�/{i'� � 5 //c C-"5/V /N 7GK�,ES�y� /,,y ff ff r z % Z� /< emu-, y 5Z;,-^[ -2>0 - - • A:Ia�,V % ��g/Y.4 /% r,,uggu?fit )a-- /N4:2d=?TinyC lT5 j- �/g,7r s qna e FEB 16 '94 01:40PM SOLDOTNA JR. HIGH 907 262 7036 CITY OF KENQ T / 210 FIDALOO AVE., SUITE 200 KENAI, ALASKA ONI I-7794 TELEPHONE 907-M-7535 FAX 907.2U4014 !1ft9 CITY OF XMI BACKGROUND AND PERSONAL DILTA - CANDIDATES FOR APPOINTMENT TO COIIMITTEEB AND C01R1i=88I=8 DATE: -EE11RUARY 14. 1994 JIMM: DOROTIiY G. :'. CARD Resident of the City of Kenai? No Now long? Residence Address 193 TrumneturAAvenMe. So:dotna. AK Mailinq Address s& ,e, as above Telephone No. 262-6714 Business Address so:.dotna Jr. High Telephone NO- 262-4344 81ICPLOYER: Kenai Peninsula Borough School District Job Title Laaguage Arts Teacher NMZ OF SPOUSE: Current ambership in organisations: Alaska State Writing- Consortium Bpa_rd of Directors_ SeeretarX/Hn IX Ag-ujmpt*a R„=San Churct Past organisational amberships: American Federation of Teachers. Alaska State Reading„-Associatjnn Alaska crate Department of Education Promising Praclices Validatinn Toam CO3WTTERS OR CO1ltiII88SON8 IN WSICS YOU ARE INTER=TED: Townsite Historic Board WRY DO YOV WANT TO BB INVOLVED WITS TUB COMISBION OR COMKXTTEE? At the mayor's request, I served on the Historic Task Force wMch drafted the new townsite historic zone and ordinance. 1 feel that the board will be the decision -making body that connects the past history of Old Town with the future design of that part of the city of Kenai. signature ' INFORMATION ITEMS Kenai City Council Meeting of February 16, 1994 1. 2/2/94 Kenai City Council Meeting "To Do" List. 2. 1/13/94 Kenai River Special Management Area Advisory Board Meeting Minutes. 3. 2/5/94 Kenai City Council Goals & Objectives Workshop Notes. 4. Kenai Alternative High School thank -you for $100 donation. 5. 2/1/94 Governor Hickel letter regarding legislative priorities for senior services. 6. 2/3/94 AML letter regarding State Revenue Sharing and Municipal Assistance. 7. 2/1/94 J. Verbrugge, City of Richfield, Minnesota thank -you letter. 8. 2/3/94 TM letter to Bruce Campbell regarding Kenai Spur Highway Project. 9. 2/4/94 KK letter to John Burkholder (DOT) regarding Kenai Spur Highway Project possible right-of-way problems. 10. 2/94 Greater Soldotna Chamber of Commerce, Your Chamber Today. 11. 2/94 Resource Development Council, Inc., Resource Review. 12. 2/9/94 Richard H. Perry letter regarding Peg & Roy's Laundry. KENAI CITY COUNCIL MEETING FEBRUARY 2, 1994 "TO DO" LIST TM - Write letter to M. Navarre regarding Spur Highway lighting situation -- include as concerns equality (city v. state), number of lights per mile, turning out every other light in Sterling, amount of traffic at streets going to schools. ADMIN - Send check in amount of $1,087.99 for remainder of city's AML Conference costs. JW - Produce list of proposed appointees to Historic District Board for council review. CLF - Send objection or non -objection letter to ABC depending on what Katmai Hotel does in regard to obligations owed. Send letter regarding HB366/SB241 with amendments. KENAI RIVER SPECIAL MANAGEMENT AREA ADVISORY BOARD Thursday, January 13, 1994 Cook Inlet Aquaculture Association I. CALL TO ORDER/Roll Call Members Present: Dennis Randa, Dale Bondurant, Pat Bower, Jack La Shot, Mike Swan, Kent Hueser, Dan Doshier, Warren Hoflich, Duane Harp, Sam McLane, Peggy Mullen, Rich Underkofler. Members Absent: Claudia Knickerbocker, Jim Richardson, Ben Ellis, Dave Athons. B. Approval of December 9, 1993 minutes: The minutes were approved as written. C. Agenda Changes and Approval: Added under New Business: Welcoming of New Members, Senate Bills 240 & 241. Added under Old Business: Letter inquiring about the possibility of acquiring Walt Pedersen's land on the Moose River (Moose River 8). II. PUBLIC COMMENT III. NEW BUSINESS A. Welcoming of New Board Members: Pat Bower was welcomed as a new public member. Ben Ellis was also welcomed, although he was not present. Jim Richardson and Peggy Mullen were reappointed for two years. Mike Swan introduced Bill McDermid who will represent the Kenai Soil & Water Conservation District. Chris introduced Jack La Shot, the new representative for the City of Kenai. B. Mayor Don Gilman, Kenai Peninsula Borough Mayor Don Gilman addressed the board on the significance of the loth anniversary of the original bill creating the Kenai River Special Management Area. In the past ten years, the fishing industry has grown in popularity and with it related problems such as trespass and habitat degradation along the banks of the river. At the time of the original bill, the legislature was concerned about who should have control over the river. After the bill passed, a number of recommendations were made by the Kenai River Special Management Area Advisory Board. Many agencies became part of the process of regulating the river; Alaska State Parks, ADF&G, Corp of Engineers and DEC. Last year there was a major controversy spurred by a court decision to dismiss citations issued by State Parks for habitat violations on the Kenai River. This has subsequently been overturned and State Parks authority along the river has been restored. Kenai River Special Management Area Advisory Board 2 Minutes of January 13, 1994 meeting Now we are in the position where there are 2000 private parcels of lands adjacent to the Kenai River. How these parcels are managed will have an overwhelming influence on the health of the river. As a ten year step, Mayor Gilman proposed a move toward land use control along the river. The Kenai Peninsula Borough has been working with the ADF&G Habitat, Soil & Conservation Service and State Parks on the 309 Project. This project has inventoried both public and private developments along the Kenai River from the mouth of Kenai Lake to the mouth of the Kenai River . The Borough has been asked to participate with ADF&G Habitat in holding a series of public meetings with homeowner associations, agency representatives and interest groups to develop a plan for taking the 309 Project into the next step of a land use ordinance that will benefit the river's habitat, and at the same time guide and encourage the landowners in the best use of their properties. One outcome would be a source of information for landowners on how to protect their banks, how to engineer and design the right kinds of dock facilities to prevent erosion. Mayor Gilman spoke of the Area Meriting Special Attention (AMSA) program where local government develops an ordinance which deviates from the general Coastal Management Plan. If that ordinance is passed by the assembly, it would go to the Alaska Coastal Policy Council. If adopted, federal, state and local agencies have to abide by that ordinance. It is not an easy task, but the time is right. Mayor Gilman feels the assembly is ready to consider adopting a land use plan along the river. The key people in the process will be the property owners. January 29 is the date set for the first meeting to discuss the first part of this plan. Agencies, homeowners and any interested parties will review the information from the 309 Study and begin to identify those issues that might go into an ordinance. The meeting will be held at 8:30 a.m. at the Kenai Peninsula Borough Building. The meeting was opened to discussion from the board. Warren commented on getting the KRSMA Management Plan approved by the assembly. Mayor Gilman suggested that the board streamline the process by bringing the Plan up to date, but do it in tandem with what other research is being done and present it to the assembly as one package. Chris asked Mayor Gilman if the Borough would support conservation easements being included in SB 240 (tax incentive bill). Mayor Gilman advised that conservation easements are already provided for under state statutes. Kenai River Special Management Area Advisory Board 3 Minutes of January 13, 1994 meeting He advised that conservation easements are assessed differently than other property and once a person puts land into a conservation easement, they can not get it back. Chris stated that one alternative might be a dedication of the land for conservation use. The landowner would get a tax credit, but if they decided to develop the land, they would pay back taxes and interest. Mayor Gilman stated that if the conservation law can be combined into the bill, it would be a good bill. B. Resolution 94-1/SB 240 (A resolution related to tau assessments on lands along the Kenai River) Duane made a motion to approve Resolution 94-1, seconded by Peggy. Discussion followed on Resolution 94-1. Discussion concentrated on how to modify this resolution to integrate it into SB240. Rich suggested adding the following language to the resolution: "The Kenai Peninsula Borough is encouraged to seek an amendment to state statute to enable the local government to discount the assessed value of riverfront property which is retained in an unimproved condition." Dale felt that landowners should not get a credit for keeping their land unimproved unless it is protected in perpetuity under a conservation easement. Discussion shifted to how SB240 could be modified to provide for tax credits for improvements as well as tax incentives to retain land in its natural state. A committee was formed to work on this and bring a new resolution before the board at the next meeting. The committee includes Rich Underkofler, Peggy Mullen, Dale Bondurant, Jack La Shot and Chris. The committee will meet January 27, at 7:00 pm at the Soldotna City Hall to discuss the tax credit, conservation easements and tax reduction on unimproved lands. The motion was tabled at this point. D. Senate Bill 241: Dale made a motion to address the habitat concerns of the board as related to Senate Bill No. 241. There was concern that depending on how Senate Bill 241 was implemented, it could be a detriment to the habitat of the Kenai River. Dale felt that the fish in the Kenai River are reserved for the people's common use and are part of the habitat of the river. Any Kenai River Special Management Area Advisory Board 4 Minutes of January 13, 1994 meeting management must be done on a mixed stock basis for sustained carrying capacity of the river. Management should not be specific to one species of fish but managed for the total mass of fish. Kent felt that we need to prepare for the amount of people who are going to be fishing. Habitat and access are both important. The discussion included habitat concerns. Whether this board should enter the allocation discussion at all, etc. The board decided that it should not get involved in the issue at this time. IV. PUBLIC COMMENT V. OLD BUSINESS A. List of Carrying Capacity Management Alternatives Discussion The floor was opened for comments from the board. Discussion followed on the Homework Ranking Responses Summary bar chart that Jim Richardson had created based on the ranking responses received from board members. Pat Bower suggested a systematic way of dealing with the alternatives. A process is needed to group the alternatives and utilize committees to bring suggestions back to the board. Kent felt that Alternative #17 and 18 were the most realistic alternatives to implement and made a motion to establish an educational program to educate Kenai River users on habitat values, safe boating/rules of the road, common courtesy of the river, historical fishing zones, dangerous areas and a history and perspective of the Kenai River. Other suggestions included forming a committee to find out what is already available, having State Parks be in charge of the development of the educational materials with the board seeking the funding needed . Bill McDermid made a friendly amendment to add education of private property rights. ' Motion passed Dennis suggested looking at the process that Pat had developed for the next meeting. Pat asked each member to think about what a quality fishing experience is for them. Determine what the real problems were and categorize the problems into several main areas. Dennis recommended deferring judgment on alternatives #1, 3 and 8 until the 309 Study results were in. Kenai River Special Management Area Advisory Board 5 Minutes of January 13, 1994 meeting Rich made a motion to eliminate alternative #5, Limiting guided use or the number of fishing guides. Kent made a friendly amendment to add "at this time". This motion failed. It was the consensus of the board that the guide limit issue could not be dropped. Carrying Capacity discussions will be deferred to the next meeting. B. $30,000 Park Ranger Funding Letter Rich made a motion that the letter be written as drafted. Motion passed. C. Operations Report: Suzanne talked about the Moose River 8 permit. The Pedersens were advised by their attorney to offer the property for sale instead of pursuing further litigation. She asked the board for a letter of support to purchase the property. After discussion, the board decided that it would rather see the land converted into a conservation easement instead of being purchased by the State. A letter will be sent to ADF&G advising them of the board's position. VI. ADJOURNMENT A. Board Comments Kent: As a member of a commercial interest, his highest priority is habitat. Without habitat, he would have no business. He also thanked the board for addressing the education issue. Mike: Advised that there will be 100 Kenai River Landowner's Guide Books available after Feb. 1. Jack: Being on the board is a learning experience and hoped to provide more input as he learns more. Peggy: Suggested limiting the meetings to an llp.m. cut off time. Warren: Believes in habitat, but can't ignore fish allocation. Resolutions need to be made after the results are in on the 309 Project. Dale: Habitat comes first. Dennis: Asked State Parks to write a letter of appreciation to Walter Ward for his efforts regarding the court appeal on the Lawrence Case. Kenai River Special Management Area Advisory Board 6 Minutes of January 13, 1994 meeting Dan: Recommended that Dennis draft the letter for the signature of the board members. B. Date/Agenda of Next Meeting February 10, 1994 at 7:00 p.m. KENAI CITY COUNCIL GOALS & OBJECTIVES WORKSHOP February S. 1994 9:00 a.m. - 3:35 p.m. 141*—):4 �',Ii+yF ,-4 o--�r Facilitators: Charles Alvarez and Karen Van Horn Council: Smalley, Bannock, Bookey, Williams, Measles, Monfor and Swarner. Staff: Manninen, Freas Public: Leo Oberts, Kevin Walker and Roger Meeks INTRODUCTIONS: The facilitators and Council introduced themselves and gave a short review of their backgrounds. RULES FOR SUCCESS: Alvarez reviewed his "rules for success" in order to have an effective workshop. They were: 1. Face reality as it is, not as it was, or as you wish it to be. 2. Be candid with everyone. 3. Don't manage... lead. 4. Change before you have to. 5. Control your own destiny or someone else will. MISSION STATEMENT: An outline of a statement was presented to Council from Alvarez. It was: To better serve the citizens of Kenai through listening and leading; to ensure a prosperous future by balancing the wishes of the community with responsible management. Council reviewed other mission statements included in the packet (those of Marysville, MI, Soldotna and Kenai department heads). None of Marysville or Soldotna's statements were integrated. Council used a portion of the department heads' statement. Council's discussion included their desire to state they want development, but with careful planning; want responsible growth; environmentally safe; courteous service. GOALS & OBJECTIVES WORKSHOP FEBRUARY 5, 1994 PAGE 2 Council's completed mission statement was: TO SERVE THE CITIZENS OF KENAI THROUGH LISTENING AND LEADING; TO PROMOTE GROWTH AND CONTINUALLY IMPROVE SERVICES BY BALANCING THE WISHES OF THE COMMUNITY WITH RESPONSIBLE MANAGEMENT. BREAK TAKEN: 10:20 a.m. BACK TO WORK: 10:35 a.m. ITEM B: DEPARTMENT GOALS & OBJECTIVES FINANCE DEPARTMENT - a. Personnel Director - Council discussed the advantages of adding a personnel director to the staff. Monfor used the hiring of the building official as a reason for it being advantageous to have a personnel officer on staff (hiring practices more consistent, etc.), also ADA requirements, family leave, etc. Walker suggested an assistant city manager could be involved in this. Williams stated he believed having a personnel officer on staff could save money in time, efficiency and cost analysis to pay for the position. Measles and Swarner agreed. Measles added the position has been discussed many times. Measles suggested the position could be an assistant city manager and the job description could be written to cover personnel functions, purchasing, etc. to make it a full- time job. FINDINGS: Swarner stated she would like to have the position added to the 94-95 proposed budget for consideration. Monfor suggested the item be returned to Manninen and Brown to develop a job description. The job title should be assistant city manager. Salary projections and job description should be brought back to council at the next workshop. Meeks approved of the position as a citizen. Meeks added the city needs someone to be in charge when the city manager is out of town, etc. b. Computer - Williams suggested the computer be listed as a five-year goal. Measles suggested having a computer expert evaluate the city's entire needs and for assistance in knowing what to do. GOALS & OBJECTIVES WORKSHOP FEBRUARY 5, 1994 PAGE 3 c. unfunded Mandates - Manninen to compile a list of unfunded mandates and forward a copy to the AML, and Alaska state and federal legislators. The list should be available for the Council's next workshop as well. FINDINGS: a. Place Personnel Director/Assistant City Manager in 94- 95 budget for discussion. b. Place "computer evaluation" on short-term goal. Finance Department computer on long-term goal. KENAI VISITORS AND CONVENTION BUREAUr INC. Monfor stated the KVCB board has not yet reviewed or approved the goals and objectives included in the packet. Monfor stated she was not comfortable discussing the goals and objectives that have been compiled by one person. FINDINGS: Went on to next group. SENIOR CITIZENS CENTER Williams asked how much of general funding is the City responsible to put toward the Center. Manninen stated it is a stand-alone, self -enterprising function. Monfor corrected Manninen and stated he was talking about the congregate housing. Council was discussing the Senior Center. Monfor added the City has paid in -kind for utilities and employee increases. If the City would not pay in -kind amounts, the purposes of the grants and the grant monies would have to be changed. That would result in lost services to the seniors. Monfor suggested the Council investigate a tax for support of the Senior Center. Williams asked if they wanted to change the charter/code to allow for dedicated funds. Measles asked if the city can have services areas. FINDINGS: a. Short-term. Continue search for funding for two new vans. LIBRARY The possible addition to the library was discussed as well as the Library Commission's preparation of floor plans for an addition. GOALS & OBJECTIVES WORKSHOP FEBRUARY 5, 1994 PAGE 4 FINDINGS: a. Short-term. Have Administration compile a cost analysis of bid -ready plans for an addition. b. Short-term. Get cost analysis for architectural rendering of the addition. C. Long-term. Library Commission to continue working on floor plan for library addition. PARRS & RECREATION DEPARTMENT a. Wellness Program - Monfor stated she believed it is needed. A program should not be offered to the Fire and Police departments, if not available for all employees. Measles stated the program must be developed in a manner the rest of the community believes is fair. b. Itinerant Camping - Discussion followed of whether it is the city's responsibility to have camping available. Swarner stated she is not sure the City should be putting money into a camping area for cannery workers. Swarner added she believed a tourism camping area is needed. Swarner suggested reopening the Forest Drive Municipal Park and have a host couple there to manage it. Monfor stated in the past, most of the people working at the canneries wanted to experience living in a tent, etc. This has changed in the last years. There are more migrant workers now. Monfor stated she believed the City will have to discuss this. The citizens may not want to pay for it. Also, the City has a responsibility in protecting the dunes. The City needs to take on the cost as a responsibility of the environment. Monfor added the Municipal Park was closed because the city was not maintaining it properly. Until it is maintained properly, it should be kept closed. Bookey stated he agreed with Monfor but thought the discussion goes back to management. Bookey added there have been problems with management not doing what Council wanted done. Bookey stated the canneries in the 70's supplied space for their workers. The canneries have a responsibility to continue to supply living space for them. Monfor stated if the cannery worker problem continues, the city has a responsibility to the citizens to be sure sanitation and GOALS & OBJECTIVES WORKSHOP FEBRUARY 5, 1994 PAGE 5 trash receptacles are available. An ordinance is in place (trash and sanitation on private property) and it needs to be enforced. Williams suggested a cannery campground be included in the five- year plan. Smalley suggested the city could be a pass -through agency for funds. BEAUTIFICATION Swarner suggested as a long-term goal to "clean house" in regard to the Beautification Committee. Also, the Council needs to look at the direction of flowers in the city. Maybe contract it out and city employees not be responsible for planting, weeding, etc. Discussion followed regarding placing a city greenhouse on property by ballfields and Extension Service garden plots. The greenhouse would be used to grow flowers for placement in city planters and flower beds. Swarner suggested the Beautification Committee be integrated into the Parks & Recreation Commission. Measles stated he believed the responsibilities of the Beautification Committee should be given to the Parks & Recreation Commission. The commission should be restructured by sunsetting the Beautification Committee and replacing some of the Commission members with some of the committee members. FINDINGS FOR PARRS & RECREATION AND BEAUTIFICATION: a. Long-term: Develop a wellness program policy for all city employees. b. Short-term: Establish a tourism/visitor fee tenting - only campground with management within the park and clean it up. C. Short-term: Itinerant Campground - Establish a committee to address the cannery worker issue. d. Short-term. Solicit information from Oregon regarding their camping programs and implement changes as needed. e. Short-term. Find cost effectiveness of contracting out flower work. f. Long-term. Have Beautification Committee develop a plan and method for cooperative work between the Extension Service and the City to place a greenhouse by garden plots/ballfields. g. Restructure the Parks & Recreation Commission by replacing some of its members with members of the Beautification Committee and sunsetting the Beautification Committee. GOALS & OBJECTIVES WORKSHOP FEBRUARY 5, 1994 PAGE 6 POLICE DEPARTMENT FINDINGS: a. Short-term. Purchase new car radios. b. Long-term. Purchase of video cameras for police cars. C. Long-term. Additional personnel. FIRE DEPARTMENT Discussion followed regarding the replacement of Water Tanker-1. Also discussed was the forwarding of two City fire trucks to the Fire Training School for their training, but the trucks would remain available for City's use as needed. FINDINGS: a. Long-term. Develop a two-way system (with Fire Training School) for use of two fire trucks. b. Short-term. Purchase of tanker truck. C. Short-term. Develop a cost analysis for either upgrade/repair or replacement of the generator system. AIRPORT The replacement/cleaning of the carpet was discussed. Also the car rental agencies leases and leased areas. Williams suggested when one car rental agency pulls out, another should not be let in. Monfor stated she has made an effort to look at other car rental agencies at other airports as to the size of the spaces, the accommodations as a whole, etc. Monfor stated she has not found any that have dividers, glass partitions, etc. like those at the Kenai Airport. They are mostly a counter with a big sign (company name) on the wall. Williams suggested the re -negotiation of the car rental leases be bid on April 1 instead of July 1 due to the timing of when the agencies buy their new vehicles. Leo Oberts discussed his opinion the airport needs to be equipped for jet aircraft landing and regular flights. FINDINGS a. Short-term. Have a professional cleaning service look at the carpet to see if it can be cleaned and look better. Also their estimate whether the carpet will last another year. GOALS & OBJECTIVES WORKSHOP FEBRUARY 5, 1994 PAGE 7 b. Short-term. leases by April 1 with C. Short-term. d. Long-term. plan. PUBLIC WORKS Develop a new policy to re -bid car rental effective date of July 1. Cost estimate of carpet replacement. Incorporate airport report into five-year Discussion followed regarding a new clarifier system, water wells, roads needing paving, and water and sewer needs in the city. Walker suggested a review of the process for quality assurance of paving jobs. FINDINGS: a. Long-term. Feasibility/cost analysis to design a new clarifier system b. Short-term. After new well testing okayed, develop cost estimate for a wellhouse facility and pipeline/hook-up construction to get water from the well to the existing system. C. Short-term (ASAP). Bring forth an inventory of roads needing paved -- center core, inner core, and outer core of city. d. Short-term (ASAP). Prepare a cost analysis for upgrading to gravel -standard and paving based on present dollars. e. Development a complete inventory of water and sewer system to be built -- center core, inner core and outer core of City. Prepare cost estimate for work needed in present dollar value. f. Long-term. An analysis of the city's street light program. g. Long-term. Erosion study. h. Long-term. Future development of a boat ramp in the Kenai River. i. Long-term. Pursuit of a boardwalk project with the State at 100% State funding. ADMINISTRATION: a. Bring together and get started on costs analyses. b. Get back together to review and set. C. Williams to correspond with Department of Interior regarding the acquisition/land trade of old Fish & Wildlife property to the city. If acquired, could be used for historic park. GOALS & OBJECTIVES WORKSHOP FEBRUARY 5, 1994 PAGE 8 NEXT WORKSHOP March 26, 1994 at 9:00 a.m. was suggested for the next workshop. ADJOURNMENT The workshop adjourned at approximately 3:40 p.m. GOALS & OBJECTIVES WORKSHOP FEBRUARY 5, 1994 PAGE 10 24. Assist appropriate agencies in relocation of Public Health Clinic. 23. Parks & Recreation Department cooperate with businesses concerning beautification. LONG-TERM/FIVE-YEAR GOALS (LIST NOT PRIORITIZED) 1. Finance Department computer. 2. Library Commission to continue working on floor plan for library addition. 3. Develop a wellness program policy for all city employees. 4. Beautification Committee to develop a plan and method for cooperative work between the Extension Service and the City to place a greenhouse by garden plots/ballfields. 5. Restructure the Parks & Recreation Commission by replacing some of its members with members of the Beautification Committee and sunsetting the Beautification Committee. 6. Purchase of video cameras for police cars. 7. Additional personnel for Police Department. 8. Develop a two-way system (with Fire Training School) for use of two fire trucks. 9. Incorporate airport report into five-year plan. 10. Feasibility/cost analysis to design a new clarifier system. 11. An analysis of the city's street light program. 12. Erosion study. 13. Future development of a boat ramp in the Kenai River. 14. Pursuit of a boardwalk project with the State at 100% State funding. 15. Addition to Congregate Housing. 16. City greenhouse 17. Satellite fire stations 18. Replace airport carpet. 19. Investigate future funding sources (dedicated taxes, service areas, etc.) 20. Additional boat ramp facilities. 21. Continue to pursue boardwalk project with 100% outside funding. 22. Expand utilization of City Hall. GOALS & OBJECTIVES WORKSHOP FEBRUARY 5, 1994 PAGE 9 SHORT-TERM GOALS (LIST NOT PRIORITIZED) 1. Add Assistant City Manager/Personnel Director to staff. 2. Computer system review and evaluation. 3. Compile list of unfunded mandates (send to AML, State and Federal legislators). 4. Continue search for funding for two new vans. 5. Prepare cost analysis of bid -ready plans for library expansion. 6. Get cost analysis for architectural rendering of library addition. 7. Establish a tourism/visitor fee tenting -only campground with management within the park and clean it up. 8. Coordinate between Police and Parks enforcement. 9. Itinerant Campground - Establish a committee to address the cannery worker issue. 10. Solicit information from Oregon regarding their camping programs and implement changes as needed. 11. Find cost effectiveness of contracting out flower work (planting, weeding, watering, etc.) 12. Purchase of tanker truck. 13. Develop a cost analysis for either upgrade/repair or replacement of the generator system. 14. Have a professional cleaning service look at the carpet to see if it can be cleaned and look better. Also their estimate whether the carpet will last another year. 15. Develop a new policy to re -bid car rental leases by April 1 with effective date of July 1. 16. Cost estimate of carpet replacement at airport. 17. After new well testing okayed, develop cost estimate for a wellhouse facility and pipeline/hook-up construction to get water from the well to the existing system. 18. (ASAP) Bring forth an inventory of roads needing paved -- center core, inner core, and outer core of city. 19. (ASAP) Prepare a cost analysis for upgrading to gravel - standard and paving based on present dollars. 20. Development a complete inventory of water and sewer system to be built -- center core, inner core and outer core of City. Prepare cost estimate for work needed in present dollar value. 21. Prepare cost analysis, timelines and regulations for preparing a visitor (tourists) fee campground (tent camping only, Kenai Municipal Park) -- before May 1. 22. Computers/Police Department. 23. Purchase new car radios. 11247 Rd. Kenai, AK 9S61 1 C.: 1 Vl C4- k FES i994 *EZ +Al I C� cic�l WALTER J. HICKEL r P. C GOVERNOR Y��+ Juneau,f The Honorable John City of Kenai 21 n Rdalgo Kenai, AK 99611 Dear John, STATE OF lALASHA OFFICE OF THE GOVERNOR JUNBAU Williams, Mayor February 1, 1994 FEB 1994 Co. Z�c \' ce ZZ Now that the 18th Alaska Legislature has convened, I wanted to bring you up to date on our legislative priorities for senior services. As you may have heard, I have introduced a package of three bills intended to provide better state services to Alaska's senior citizens. These bills would consolidate most senior services into a "one -stop -shopping "service within the Department of Administration; enhance legal protection for vulnerable adults; and, establish an assisted living level of care for seniors. The first bill, SB 248 and HB 376, has a two -fold purpose. First, it will move the state's program of providing services to vulnerable adults from the Department of Health and Social Services to the Department of Administration, where it will become the responsibility of the new Division of Senior Services. Second, it would clarify and redefine what constitutes abuse and neglect of the elderly, and the reporting required for such action in order to better protect Alaska's senior citizens. The second bill, SB 249 and HB 377, addresses the need for assisted living care. It allows services to be provided in a home -like setting, as an alternative to 24-hour nursing home care. It keeps seniors in a more comfortable setting for as long as possible. The third bill, SB 250 and HB 378, works in conjunction with Administrative Order 139 to ensure improved coordination in the delivery of services to seniors. The Older Alaskans Commission will be renamed the Alaska Commission on Aging, and will be housed in the new Division of Senior Services, along with the Pioneer Homes, and the Longevity Bonus Program. The bill also revises the composition Mayor John Williams February 1, 1994 Page Two and required number of meetings for the Alaska Commission on Aging and the Governor's Advisory Board for Pioneers' Homes. In addition, under the new legislation, the Governor would designate the chairs of each board. This proposed legislative package will strengthen the network of services to seniors and fill current gaps in the system. if you have questions about it, please feel free to call Commissioner Usera's office at 465-2200. She and her staff will be available to discuss it with you. In addition, l am pleased to report that l recently met with former Senator Bill Ray, Commissioner Usera, and members of my senior staff to address the recent court ruling which challenges our existing Pioneers' Homes program. l continue to insist that the original intent of the program --to serve long-time Alaskans --needs to be preserved. Your support of this proposed legislation, and your patience on the Pioneers' Home issue, would be greatly appreciated. God bless and best regards in the New Year. Sincerely, WalteWHicke7 Governor February 3, 1994 John Williams Mayor City of Kenai 210 Fidalgo Avenue, Suite 200 Kenai, Alaska 99611 Dear Mayor Williams: �234S6ig , D FEB 1994 w` As you know, Governor Hickel has proposed a cut of 50 percent in the key programs of state assistance to local governments -- State Revenue Sharing and Municipal Assistance - - for FY 95. This reduction comes on top of cuts of over 50 percent already during the last nine years. The Alaska Municipal League and all of its members must work together in a coordinated way to fight these cuts. If the Governor's budget proposal is adopted, your municipality will receive $378,751 in State Revenue Sharing and Municipal Assistance combined for FY 95, a cut of $367,837 (49.27%) from what you received for FY 94. Key decisions on the funding level will be made in Finance Subcommittee hearings on the budget of the Department of Community and Regional Affairs and in the majority and minority caucuses in each house. It is important that subcommittee members, and all legislators, hear from municipalities about the impact these cuts will have on the ability of local governments to provide basic services and, indeed, to survive. You can help -- here's how: ■ Review the enclosed materials ■ Analyze your municipality's situation using the Financial Worksheet ■ Provide information on how the cuts would affect your local government to legislators, the administration, and the League. Please send a copy of the Financial Worksheet to AML. We recommend a letter (sample enclosed) or other message summarizing the information for your legislator. The League staff will use the information you provide in its public information campaign, but it is also important that you provide this information directly to the legislators who represent your municipality. Share the information with civic groups, education groups, and the chamber of commerce and encourage them to add their support to the League's efforts to contain cuts in these critical programs. These "private citizen" contacts will multiply the effect of local officials' contacts on this subject. ',"ember of the National League of Cities and the National Associancn of Counties Alaskan Mayors February 3, 1994 Page 2 People often do not understand that a cut in "formula programs" in the state budget means a reduction in the amount of money available to schools and local government. The citizens of your municipality need to understand the importance of these state aid programs and the effects of potential cutbacks on their community -- what cuts of this magnitude will mean in terms of increased taxes, cutbacks in essential services, the ability to provide local matches for such things as education and the capital matching grant program, and erosion of infrastructure. Share this information with your local newspaper or radio or television station. A sample press release on "Cuts in Municipal Aid Hurt Municipality" is enclosed for your use. The information needed to complete the release - - or something like it -- should come from the Financial Worksheet. You can use this same information with local groups. We hope that these materials and suggestions will help you tell people about the impact of the proposed cuts in State Revenue Sharing and Municipal Assistance on your community. It is important to make the point that this is not a "free" cut -- local taxes will be raised or services reduced if these cuts stand. We need help from each of you. Legislators, especially your own and those on the Finance Subcommittees on the Department of Community and Regional Affairs, need to hear from you about the importance of preserving funding for State Revenue Sharing and Municipal Assistance. Please review the enclosed materials and take action. If you have any questions or need more information, call AML at 586-1325. Sincerely, Kent E. Swisher Executive Director Enclosures MARS:mayorlet.2-3 FINANCIAL WORKSHEET Use this form to evaluate the effect of Governor Hickel's proposal to cut back funding for the State Revenue Sharing and Municipal Assistance programs by 50 percent for FY 95 Name of Municipality Name & Title of Person Completing Form Contact Phone Number TOTAL MUNICIPAL OPERATING BUDGET Expenditures Revenues REVENUE SOURCES FINANCIAL ASSISTANCE FROM STATE: State Revenue Sharing Municipal Assistance Other operating budget assistance from state Total State Revenue for Operating Budget LOCALLY GENERATED REVENUE: Property Tax mill rate Sales Tax sales tax rate Special Taxes (specify type & rate) User Fees (specify type & rate) Other (specify) Total Locally Generated Revenue for Operating Budget TOTAL OTHER SUPPORT FOR OPERATING BUDGET (FEDERAL, ETC.) Contact Fax Number FY 94 Date Completed Anticipated FY 95 mills - Please continue on next page - ANALYSIS OF REQUIRED ACTION TO MAKE UP THE CUT OF $ IN STATE AID TO total amount of reduction in MA & RS name of municipality THAT WOULD RESULT IF THE GOVERNOR'S PROPOSED 50 PERCENT CUTS IN FUNDING FOR THE STATE REVENUE SHARING AND MUNICIPAL ASSISTANCE PROGRAMS WERE ENACTED, THE MUNICIPALITY WOULD HAVE TO DO ONE OR MORE OF THE FOLLOWING: Increase property tax (if the municipality has one) by mills Enact a property tax of mills Increase the sales tax (if the municipality has one) by percent Enact a sales tax of percent Increase or enact other new taxes and user fees (specify) Cut local support for schools by $ (municipal school districts only) Lay off employees Cut back, or eliminate, the following municipal programs (please specify what you anticipate the municipality would do, i.e, cut back by xx hours, eliminate, etc.): — Parks & recreation programs and availability of facilities Police services Fire protection Snow plowing Road repair Library services and hours Landfill operation and solid waste collection Water and sewer utility Other, please specify Eliminate local match for capital matching grant program, thereby losing state funds Stop planning for or work on the following capital projects: Postpone needed maintenance on the following projects: Consider disincorporation of the municipality Other ways we would respond: Comments: Attach extra pages if necessary. JAIVILIA'KA L LEAUE G 217 Second Street, Suite 200 • Juneau. Alaska 99801 a Tel (907)586-1325. Fax (907)463-54W Municipal Assistance and Revenue Sharing The Alaska Municipal League requests funding for the Municipal Assistance (AS 29.60.350) and State Revenue Sharing (AS 29.60.010) programs at the FY 94 level ($39,912,100 for Municipal Assistance and $32,8O9,7OO for Revenue Sharing) In recognition of the state's responsibility to share revenues from Alaska's commonly held resources equitably to benefit Its citizens. The League urges the development of and will seek to achieve a balanced single program for distribution of these revenues to local government; however, until a satisfactory alternative has been put Into place, current funding levels for the existing programs must be maintalned. ■ Municipal Assistance and Revenue Sharing enable the state to share revenues from commonly held resources with Alaska's communities. Local governments use these funds to provide essential services such as public safety, sanitation, transportation facilities, and education. ■ Alaska is not alone in sharing state -collected revenues with its local governments. All fifty states have programs that share state revenue, and Alaska, where 37 percent of local revenue comes from the state, ranks below the average for Far West states, 40.9 percent. Alaska does differ from other states in the large proportion of its resources that are in public, not private, ownership and, thus, cannot be taxed by local governments. Alaskan municipalities are less able to raise money on their own than local governments in many other states. ■ Municipal Assistance and Revenue Sharing funding has declined over 50 percent in appropriated dollars and considerably more in real, inflation -adjusted dollars since 1985. Governor Mckel has proposed an additional cut of 50 percent in both programs in his FY 95 budget. if the Governor's budget proposal is approved, the key municipal aid programs will have been cut 75 percent in nine years, while the state operating budget has increased. ■ Providing essential services to Alaska's citizens costs money, and cutting back state support does not cut local service needs. If Municipal Assistance and Revenue Sharing programs are cut, local governments will have to raise taxes, essential services will be cut, infrastructure will deteriorate, and in some cases municipalities will dissolve, leaving state government directly responsible for providing essential services to citizens in those communities. ■ Municipal Assistance and Revenue Sharing are a critical source of income for Alaska's smaller, more isolated communities, some of which have few other resources, as well as being an important component of total revenue for the larger communities. ■ Even though funding for Municipal Assistance and Revenue Sharing has been steadily declining, the cost for municipal services continues to rise due to growth and inflation. In addition, state and federal mandates add significantly to the cost to local governments. • According to the Task Force on Governmental Roles, 'the State with its superior tax base and taxing powers has a responsibility to ensure that local governments have sufficient fiscal capacity to carry out their duties.' ■ The Alaska Municipal League supports an effort to develop a single new program to replace the existing State Revenue Sharing and Municipal Assistance programs. Until a new program Is developed, however, funding for the existing programs must be maintained at no less than the FY 94 level. Member of the National League of Cities and the National Association of Counties J8rOJMY 6, 1994 SAMPLE PRESS RELEASE -- SAMPLE PRESS RELEASE FOR IMMEDIATE RELEASE FOR ADDITIONAL INFORMATION, CONTACT date ""� a r..::or'o er:mn c con ..... .. .: .. ...:.:w, .v. .... .. ..,..,.. w..:e .:. v..:. 'w:,.w '? `viwf.WiACi�?rikwS.w.M..:vwV�.{Aw.�v:J„n.N.vW.,WM�.v..rA wVwKv4.1%wAwnNVJOJ00J. Proposed Cuts in Municipal Aid Hurt Community Mayor of the Ci ' of'' q '• ' l arau" recently spoke out against Governor Hickel's proposed 50 percent cutbacks in State Revenue Sharing and Municipal Assistance for FY 95. If adopted by the 1994 Legislature, the Governor's budget cuts would result in a reduction of $>«;<=>< in funding for the municipality from these programs, a ><4`'2pecen:A cut from FY 94 funding. To replace these funds, the City 0f would have to: [INSERT ONE OR MORE] increase:propeity""taXes�1"°a"miirs; `'i'ricreasesalesu�es� ....,. .. .,.�....., .. .. w ., .. .WJ.....� .A . w Another option would be to reduce services. Among programs that would be considered for cutback if the Governor's proposed cuts go forward are �'"�"'"''° "� ' �"Un , , , , ,_.. The cuts equal ■ the cost of " ` VWours ofpolfce;p'r`o#"ection,� "!' fie cosf df. ,ti p f htersF ■ the cost of kee irg the Iiliraryl�swiinmirigpool recreation censer open hours ■ th e cost of gradin ""�°"""'"` f e /mites/blocks, of�ravel road; ■� a +C"� plowing miles of snow=cloggedoads;the cosf ofi rePa F:of°""`""` a aret'"e pothole's; ■ the cost of required"`maintenance;on """ ~�"" ' ~' 7,-r,- '•7rAD OTHER POSSIBLE LOCAL CUTSj. oyenta;, at^pl:While reductions mtiff .an .,s w�w•e1uw..wwo.....•a .,. w ' c t the a ua� of "�' " r` avers a munlc p I emplo ees. Governor's proposed cu+s � os.....,......9 ....�....,�.,P..�.�...��..4 �.,.,,.., The State Revenue Sharing and Municipal Assistance programs provide a way for the State of Alaska to share revenues derived from commonly held resources with local governments. Local governments use these funds to provide essential services such as public safety, sanitation, transportation facilities, education, library services, and recreation. Tihe ��� of � • dfoEt�,' :u5e�<: �t�;< ; 6tt!Bt?tG7et. n.vwn:.v. nv, ..Av::.:.:... .......T.TIT' ...�1'9.TT.•I.tw.•'nww.K:w. iiMwg6i40CtLiviivitnl4W.Li0v: •• • • ..•<W:v.<J(wK+wCSwG.�AGiwr.:w:GOv12w)ifr:..wiit�.•i00W1 Assistance funds primaifyforf" Citizens should contact their legislators about the effect the proposed 50 percent cuts in State Revenue Sharing and Municipal Assistance will have on the municipality and urge them to preserve funding for these progams. For more information, contact ; .� or'"��"`�""..• •attiie""municipaf'biaifcl SAMPLE LETTER -- SAMPLE LETTER ** PLEASE PERSONALIZE TO FIT YOUR SITUATION** The Honorable. House of.-Rb6resentatives/AlaskA State::Senate State Capitol Juneau, Alaska 99811-1182 Dear Representative/Senator ..rfwb.4 Lb .,NM'Gr�yfaYOts� As you are aware, Governor Hickel has proposed a 50 percent cut in State Revenue Sharing and Municipal Assistance for FY 95. These kinds of huge cuts in state assistance, added to the disproportionate reductions we have taken in the last five years, would be devastating to all municipalities and cities around Alaska. In %ifq�r >., this would amount to a reduction of $' The State Revenue Sharing and Municipal Assistance programs provide a way for the State of Alaska to share revenues derived from commonly held resources with local governments. Local governments use these funds to provide essential services such as public safety, sanitation, transportation facilities, education, library services, and recreation. There is a possibility that some of the smaller cities may be forced to dissolve due to lack of funds. This would create a situation where the state would have to step in and provide those services currently furnished by local governments. We have estimated that a 50 percent cut in State Revenue Sharing and Municipal Assistance would reauire ::s to: increaseMp�flpeitq #axes-�iy"""'�"`mi s ro inpr ase ewes taxes by _ percent: The cuts equal: ■ the cost -of - h6urs-pt police �pr`ote 4�. ,` s . , YN >t✓:'k+`.xs •'S6n'�a cost of fire fighters: ■ the cost of keeping 1ibrar /swimming poollrecreafion, open for _ hours; ■ the cost of grading ' fe9tlm�ilesibldcl s:o mravel roadi of plowing _ miles of snow -clogged roads; v ttie;costs.of i'epair.�af _potholes 8 cost of required maintenance on - p y.,i t h eta: < . • .r ..,.,.. •equal>o� employment are not planned at this time •the pro osed cuts ,cos• t e average municipal employees. Thank you for your interest in protecting essential government services delivered at the local level. If you have any questions, please call me at. Sincerely, Mayor KEY INFORMATION/CONTACTS ON DCRA BUDGET DELIBERATIONS House Finance Subcommittee on Department of Community and Regional Affair, Members: Representative Eileen MacLean - 4654833 Representative Harley Olberg - 465-4859 Representative Bill Williams - 465-3424 Representative Bettye Davis - 465-3875 Representative Tom Brice - 465-3466 Hearings Schedule: 4:00-6:00 p.m. Capital Room 519 Budget Overview: Comm/Admin/Support Div. Budget Overview: Municipal & Regional Asat Div. Budget Overview: Community & Rural Dev. Div. Budget Closeout Budget Closeout; Consideration of Budget Amendments Senate Finance Subcommittee on Department of Community and Regional Affairs Members: Senator Geroge Jacko - 465-4942 Senator Randy Phillips - 465-4949 Senator Judy Salo - 465-4940 Hearings Schedule: Tuesday, February 15 Tuesday, February 22 Tuesday, March 1 Tuesday, March 8 Thursday, March 10 1:30 p.m. Butrovich Room Budget Overview: Comm/Admin/Support Div. Budget Overview: Municipal & Regional Asst Div. Budget Overview: Community & Rural Dev. Div. Review Amendments Budget Closeout - tentative Budget Closeout - tentative Joint meeting with House and Senate Community & Regional Affairs Committees (currently scheduled to include a review of the Municipal Assistance programs) House Leadership Tuesday, February 15 Tuesday, February 22 Tuesday, March 1 Thursday, March 3 Tuesday, March 8 Thursday, March 10 9:00 a.m., Tuesday, February 22 and State Revenue Sharing Speaker Ramona Barnes - 465-W8 Majority Leader Gail Phillips - 465-2689 Minority Leader Fran Ulmer - 465-4947 Finance Co -Chairs: Rep. Ron Larson - 465-3878; Rep. Eileen MacLean - 465-4833 Senate Leadership President Rick Halford - 465-4958 Majority Leader Robin Taylor - 465-3873 Minority Leader Jim Duncan - 465-4766 Finance Co -Chairs: Sen. Drue Pearce - 465-4993; Sen. Steve Frank - 465-3709 217 Second Street, Suite 200 • Juneau. Adaska 99801 ■ Tel (907)586-1325. Fax (907)463-54t Funding for Municipal Assistance and State Revenue Sharing Programs The Alaska Municipal League requests funding for the Municipal Assistance (AS 29.60.350) and State Revenue Sharing (AS 29.60.010) programs at the FY 94 level ($39,912,100 for Municipal Assistance and $32,809,700 for Revenue Sharing) In recognition of the state's responsibility to share revenues from Alaska's commonly held resources equitably to benefit its citizens. The League urges the development of and will seek to achieve a balanced single program for distribution of these revenues. to local government; however, until such a satisfactory alternative has been put into place funding for existing programs must be maintained. State government has an obligation to share revenue generated from the state's commonly held resources and land base to help provide essential public services at the local, as well as the state, level. Each state in the United States provKdes a mechanism to share state -collected revenues with its local governments. In Alaska, where the state, not private interests that could be taxed by cities and boroughs, owns most of the resource -rich land, and benefits directly from it, programs for the distribution of the wealth to support locally provided services are even more appropriate and important than in many other states. Alaska's Municipal Assistance (AS 29.60.350) and State Revenue Sharing (AS 29.60.010) programs are key mechanisms in our state for passing a portion of the state's revenues, which are mainly derived from oil, on to cities and boroughs. 'These programs help local governments provide basic services such as education, sanitation, public safety, and transportation. In many cases, local governments can provide basic services that are more responsive, better suited, more efficient, and better matched to community needs than programs coordinated by state government because citizens have direct and immediate access to the officials who determine policy and oversee delivery of those services. The state should recognize support of local government as a fundamental obligation comparable to support of state community service agencies and should develop a long-term program to meet this obligation reliably. As noted, contrary to what many in the state think, Alaska's State Revenue Sharing_ and Municipal Assistance programs are comparable to programs of state assistance to local governments in other states. All fifty states provide some form of funding to local government -- whether it is called "revenue sharing" or 'aid to municipalities' or some other term, it is a transfer of state -collected dollars to local government general funds for local purposes. State support is the second largest source of funding for kx:l government in the U.S., representing 33.6 percent of city government general revenues nationwide according to a 1990 study by the Advisory Commission on Intergovernmental Relations. In the "Far West" states, state transfers accounted for 40.9 percent of local Member of the National League of CMes and the Nation d Associotion of Counties Funding for Municipal Aid Programs page 2 revenue, while in Alaska state -transferred revenues were 37 percent of Alaska local government revenue in 1990. What is exceptional in Alaska, in addition to the state's dependence on the oil industry for all revenue, is the importance of these income sources to smaller, more isolated communities and the severe cutbacks these two programs have suffered during the last nine years. Taken together, Revenue Sharing and Municipal Assistance amount to 5.5 percent of local government budgets statewide, but in some smaller communities they provide as much as three fourths of the municipal budget. Unfortunately, as can be seen in Figure 1, funding under the Municipal Assistance and Revenue Sharing programs has been cut drastically in recent years. The net effect of cuts (which total over 50 percent in the last nine years and may go as high as 75 percent in FY 95), inflation, and population growth has been significant cuts in municipal services, deterioration of municipal infrastructure, increases in local taxes, and growing fiscal instability in many communities. Stability and predictability of funding, which are critical for effective and efficient operation of any enterprise, whether private or government, have been impossible to achieve because each year funding for the programs has been cut by the legislature. The State Revenue Sharing Program has been cut a total of 45.6 percent and the Municipal Assistance Program 50.9 percent since FY 85, during a period of inflation, population growth, increased state and federal mandates on local govemment, and overall growth in the state budget. Additional cuts of 50 percent in these programs for FY 95, as proposed by Governor Hickel, would mean that together these key programs would have been cut 74.7 percent in the past ten years. These cuts have seriously affected municipalities' abilities to provide services and protect the investment of the State of Alaska in people, programs, and facilities. There are many reasons why funding for these programs has eroded so severely over time, but one factor is the confusion, conflict, and division created among kx:al govemments as a result of having two programs with distinct origins and conflicting goals. The State Revenue Sharing Program distribution formula is based largely on relative tax and local revenue -raising effort, and distribution under the Municipal Assistance Program is based on population but is intended to enable municipalities to reduce their property tax levies. The legislative Task Force on Govemmental Roles, which completed its work in 1992, noted the inconsistencies of promoting the dual programs in its final report and recommended that a new program be developed that would reward municipalities for "local revenue generating effort and population increases" The Alaska Municipal League supports an effort to develop a single new program to replace the existing State Revenue Sharing and Municipal Assistance programs. Such a program should be designed to emphasize relative local tax effort in the provision of local services, the offering of core municipal services to all residents, and population; it should include a basic minimum entitlement, encourage the organization of local governments to perform traditional local services, and more directly to state aid to Funding for Municipal Aid Programs page 3 conditions of services and facilities at the local level and unfunded state and federal mandates. Until a new program is developed, however, funding for the existing programs must be maintained at no less than the FY 94 level. Municipal Assistance Program The Municipal Assistance Program (AS 29.60.350) has been in effect since 1979, when it was established to replace the Gross Business Receipts Program, which had returned 20 percent of the tax collected by the state within a jurisdiction to that jurisdiction. By statute, the legislature is directed to appropriate to the Municipal Assistance Fund an amount equal to or greater than 30 percent of the corporate income tax revenue received by the state for the previous fiscal year. Following this direction, based on FY 93 corporate income tax receipts of appro)amately $872.3 million, the amount appropriated for Municipal Assistance for FY 94 should have been $261.7 million. it was, however, only $39.912,100 or 4.57 percent! Table 1. Municipal Assistance Fiscal Year Total Appropriation 19W $81,306,800 19M 81,306,800 1987 65,858,500 1988 56,084,400 •:` 56,084,400 ..,SZ747,000 1991 49,103,200 .. 46,648,000 1993 4Z916,200 ... 39,91 Z 100 •9 ` Amount included in Govemor Hickers proposed FY 95 budget, released in December 1993. Governor has proposed a 50 percent cut for FY 95. AML Is requesting no lees than the FY 94 level, $39,91Z100. Source: Department of Community and Regional Affairs Municipal Assistance was intended to replace the Gross Business Tax as a source of municipal revenue, and distributions under the program use the FY 78 allocation of that tax as a base, with additional appropriations divided among all incorporated cities, boroughs, and unified municipalities on a per capita basis. The primary objectives of the Municipal Assistance Program as originally enacted were to 1) reduce property taxes and 2) help cities and boroughs provide basic services to Alaskans at the local level. Since 1979 the increasing costs of providing these services to a growing population, as well as Funding for Municipal Aid Programs page 4 responding to an ever-growing list of state and federal mandates, has put a strain on the resources of municipal governments. Funding for the Municipal Assistance Program has been cut from $81,306,000 In FY 85 and FY 86 to $39,912,100 in FY 94, a decrease of more than 50 percent in nine years. Governor Hickel's proposed cuts would result in a total cut of over 75 percent from FY 85 to FY 95. State Revenue Sharing Program The Alaska State Revenue Sharing Program (AS 29.60.010) was created in 1969. The original intent of the revenue sharing legislation was to • help ease fiscal problems facing local govemments, • stabilize or reduce local property tax rates, • encourage local governments to provide adequate levels of public services, • inject a measure of budget planning and stability into local governments, and • improve the allocation of state funds by sharing them with local governments. The last objective was based on the premise that local governments are more in tune with the needs of the public and are better able than the state to respond and provide public goods and services in accordance with taxpayer preferences ("Report of the Governor's Task Force on State Shared Revenue," 1985). That premise still holds true. The original revenue sharing program was categorical, and funds were distributed based upon public services offered in a number of categories. In 1980 the program was changed, and there are now two separate accounts, the Tax Resources Equalization Account and the Miscellaneous Municipal Services Account, each of which is distributed according to separate criteria (see below for more information on each part of the program). Both municipalities and unincorporated communities are eligible for funds under the program. For many small communities, the State Revenue Sharing Program is a major source of revenue. A recent survey conducted by the Department of Community and Regional Affairs showed that, on an average, over 18 percent of the per capita revenue available for the operation of second class cities came from the State Revenue Sharing Program, while another 21 percent came from the Municipal Assistance Program. Since 1985, the State Revenue Sharing Program has received a disproportionate share of the cuts in the state budget, and, because of the complexities of the formulas for the program, some municipalities have suffered cuts much higher than the 45.6 percent overall cutback. As can be seen in Figure 1. when cuts in the Municipal Assistance Program of 50.9 percent are added, the total impact on municipal budgets of budget cutbacks in these two key programs is nearly 49 percent. During this same time period, the state operating budget has increased. As Table 2 and Figure 3 show, funding for the State Revenue Sharing Program reached a high of $60,350,000 in 1985 and has been cut back ever since. The funding cuts have had a particularly strong impact on Alaska's smaller communities, which have small tax bases and which have averaged population growth of over 5 percent annually during this M -C "C • C" it ^' 0 1. C r -% 1,17, T S page F P«21'iO:I 1'hev havel lrr *n kw,.,*a to ciA back on services, delay maintenance and repair Of '.)LDiic faciikies, and increase sales taxes as well as increase user and other types of fees. Table 2. State Revenue Sharing Program Fiscal Year Total Appropriation' 1985 $60,350,000 •:. 59,63Z200 1987 47,879,100 1988 40,773,400 ••900 .., 000 .. 000 .. 000 .. 00 .., 3Z809,700 .. Including both the Tax Resources Equalization AccouN and the Miscellaneous Municipal services Accourc b Amount included In Governor Hackers proposed FY 95 budget, released in December 1993- Governor has proposed a 50 percent w in both Revenue Sharing and Municipal Assistance for FY 95. AML is requesting no less than the FY 94 level, $3Z809,700. Source: Department of Corrununity and Regional Affairs The citizens and taxpayers of larger municipalities, which can rely more heavily on property taxes, have also suffered, however. From 1986 to 1991, general economic conditions caused assessed values of property throughout Alaska to drop by over $112 billion (21 percent). This substantial drop in assessed value reduced revenues from local property taxes and forced additional increases in mill rates. Cuts in the state -shared revenue programs have added to the challenges facing the major municipalities, especially those with tax or revenue caps. Governor Hickel's FY 95 budget proposal will cut funding to the Municipality of Anchorage from the State Revenue Sharing and Municipal Assistance programs by over $13.8 million in one year, a large amount even for a community of over 250,000. Governor Hiclkel's proposed FY 95 budget, with its 50 percent cuts from the FY 94 level for both key programs of municipal support, includes just $18,809,700 for the State Revenue Sharing Program. If this were enacted, total cuts to the program since FY 85 would total over 72 perceft The Alaska Municipal League is requesting an appropriation of $32,809,700 for the State Revenue Sharing Program for FY 94, the same as was appropriated for FY 94. Unfortunately, however, this Is not high enough to trigger the statutory increase In Funding for Municipal Aid Programs page 6 minimum entitlements that would make over half of Alaska's 165 municipalities eligible for an increase in the minimum revenue sharing payment from $25,000 to $40,000. an amount that would not begin to cover the increased costs of providing basic services. The minimum entitlement has not been increased since the program was enacted in 1969, and the inflation rate in Alaska (based on the Anchorage Consumer Price Index) for that time period is well over 200 percentl To have the same purchasing power as when the program began, the minimum entitlement would now have to be nearly $80,000. In 1990 the legislature recognized the erosion of the purchasing power of revenue sharing payments and voted to increase the minimum entitlement, but only for those years in which the appropriation for the program is at least $41,472,000, which would allow the increase without decreasing the payment to any community. Even though the bill to increase the minimum entitlement passed, the amount appropriated for the program has never reached this level. The State Revenue Sharing Program includes the Tax Resources Equalization Account and the Miscellaneous Municipal Services Account. Tax Resources Equalization Account: The central feature of the current State Shared Revenue Program is the Tax Resources Equalization Formula. Funds for this program account for 66 percent of the Revenue Sharing funds and are a major source of revenue for local governments. The formula for the program takes into consideration population, the amount of local fiscal effort, and the property tax base from which the municipality has to draw and rewards communities for their local taxing efforts. Thirty-nine Alaskan municipalities have a property tax. Miscellaneous Municipal Services: The Miscellaneous Municipal Services Account of the State Revenue Sharing Program retains some of the categorical features of the original Revenue Sharing Program. It provides aid to municipalities through funding entitlements for the following public services: local roads ($2,500 per mile), ice road maintenance ($1,500 per mile), hospital facilities ($1,000 per bed provided for in construction design, with a minimum of $50,000), and health facilities ($2,000 per bed actually used for patient care). it also provides aid for volunteer fire departments outside municipalities ($10 per capita for population served). The Miscellaneous Municipal Services Account provides for a basic entitlement for each unincorporated community with at least 25 permanent residents that is located in the unorganized borough. The 1990 legislation increasing the minimum entitlement also included an increase in the entitlement for local roads from $2,500 per mile to $3,000 per mile when, and only when, the appropriation for the program is $41,472,000 or greater. As Table 3 shows, because the Miscellaneous Municipal Services Account has not been fully funded for thirteen years, payments to each municipality have been prorated and municipalities have not received their full entitlement for providing these public services. For FY 94, entitlements under the account were funded at only 38.8 percent of entitlement, and Governor Frickel's proposed budget would reduce this still further. Funding for Municipal Aid Programs Table 3. Miscellaneous Municipal Services Account Fiscal State Year Entitlement Appropriation 1985 $20,898,641 1986 21.978,021 1987 23,703,918 1988 25,059,785 1989 24,969,804 1990 25,985,481 1991 26,996,564 1992 27,619,561 1993 27,791,904 1994 28,238,603 1995 28,882,675b Shortfall/ Cost to Municlpaildes $20,000,000 $ 898,641 95.7 20,000,000 1,978,021 91.0 16,332,000 7,371,918 68.9 13,908,181 11,151,604 55.5 13,908,181 11,059,052 55.7 12,782,333 13,203,148 49.0 12,782,333 14,214,321 47.3 12,782,333 14,837,228 46.3 11,759,746 16,032,158 42.3 10,956,578 17,282,025 38.8 5,6032V 23,279,436 19.4 Ratio of state appropriation (reimbursement to municipalities) to total entitlement of municipalities b under the program. Estimated as of Jantwy 1994. Governor Hickel's budget request for FY 9& Source: Department of Community and Regional Affairs Conclusion The League's request that funding for the Municipal Assistance and State Revenue Sharing programs be continued at its FY 94 level until a single new program can be developed to replace these two sometimes conflicting programs recognizes the importance of municipal aid to the operation of loran governments in Alaska and to their ability to provide essential public services. The League recognizes that state funds are limited and that municipalities have to take increasing responsibility for their fiscal situation. However, support to Alaska's cities and boroughs has been substantially, and disproportionately, cut in the past nine years. In addition, because the State of Alaska owns and receives revenue from most of the land and resources in Alaska, instead of private owners who pay taxes to local jurisdictions, the legislature and the governor have an obligation to provide for an equitable sharing of public resource revenues to kx,ai governments to offset the cost of public services that benefit all Alaska's citizens. The legislative Task Force on Governmental Roles, appointed In 1991 to study the relationship between state and local governments and to recommend a division of roles and responsibilities, had some useful and practical suggestions. Among other suggestions, the Task Force's final report concluded that "the State with its superior tax base and taxing powers has a responsibility to ensure that local govennents have sufficient fiscal capacity to carry out their duties' The State of Alaska has revenue- Funding for Municipal Aid Programs page g generating powers far exceeding those of its local govemments. It should not balance the state budget at the expense of municipalities. Proposed budget cuts in Municipal Assistance and Revenue Sharing are not "savings" in government spending — rather, they are shifts of liability for providing funding for essential services to local governments, many of which do not have the financial resources to continue those services on their own. As noted above, the Task Force also recommended that a unified program of municipal aid be designed. The League supports this concept and is looking forward to worldng with others to develop an alternate program to pass state -collected revenue on to the local level. The State of Alaska has a great investment in people, buildings, and programs that are at risk if public services such as police and fire protection, health care, and road and building maintenance cannot be provided by local govemments because of a shortage of funds. As the state neglects its responsibility to assist its municipal governments, social and economic disruptions occur, municipal infrastructure deteriorates, and Alaska's citizens suffer. The 1994 Legislature and the administration can help Alaska's citizens by continuing the FY 94 level of funding for the Municipal Assistance and Revenue Sharing programs and by working with the League to design an alternate method of distributing municipal aid. Figure 1: Funding History - State Revenue Sharing and Municipal Assistance $160, 000, 000 $140,000.000 $120,000,000 $100,000,000 $80, 000.000 $60, 000, 000 $40, 000, 000 $20, 000, 000 $0 FY 85 FY 88 FY 87 FY 88 FY 89 FY W FY 91 FY 92 FY 93 FY 94 FY 95 Revenue Sharing ® Municipal Assistance J 6700 Portland Avenue • Richfield, Minnesota 55423-2599 „vor James D. Prosser ~Martin Kirsch Jon P,;r e Michael Sandahl Susan t�,')senberg Russ Susag February 1, 1994 Carol L. Freas City Clerk, City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 Dear Carol: Thank you ever so kindly for your willing assistance in providing our city with your All -American City Award application. I am confident after reviewing the application that there are many lessons to be learned, and good ideas to emulate. Our committee will certainly benefit with your help. I would also like to thank you, personally, for the Kenai lapel pins. They are attractive advertisements for a fine city. Hopefully, I will be able to return the favor in a year's time. Thank you again; your help is greatly appreciated. Sincerely, James Verbrugge Media Assistant JDV:ttf The Urban Hometown -Telephone (612) 861-9700 Fax 861-9749 An Equal O000rtunity Emolover CITY OF KENAI $ It Gd 0• 0i 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 1I`` as II'1 "2 February 3, 1994 Bruce Campbell, Commissioner State of Alaska, DOT&PF 3132 Channel Drive Juneau, AK 99801-7898 Re: 1994 Kenai Spur Highway Project From Shires to Tinker; KenaiIs Concerns Dear Commissioner Campbell: Thank you for meeting with the City of Kenai delegation and Representative Mike Navarre at the recent Alaska Municipal League Legislative session on January 18, 1994 in Juneau. Your concerns about potential easement/utility delays in the project are being addressed by City and DOT&PF staff. The City agrees with the newly -designed project including the number and location of HPSV street lights proposed for the Kenai Spur Highway project. Redesigning the Kenai Spur Highway ISTEA project to include four lanes and eight -foot paved shoulders as well as installation of adequate street lighting is welcomed. However, the City Council strongly disagrees with and urges your reconsideration/rescission of any attempt to foist Kenai y th the traditional state Is obligation for highway operations and maintenance. The Kenai City Council, at their February 2, 1994 meeting, strongly supported the City 's position discussed with you at the January 18, 1994 Juneau meeting. That is, the City will "negotiate" operation and maintenance issues such as street lights. HOWEVER, THE CITY OF KENAI WANTS TO BE ON AN EQUAL FOOTING WITH ALL OTHER ALASKA COMMUNITIES THAT HAVE RECEIVED FEDERAL ISTEA OR STATE OF ALASKA DOT&PF FUNDING FOR STATE HIGHWAY STREET LIGHTING ON FEDERALLY - FUNDED HIGHWAY PROJECTS. KENAI WANTS TO PAY ITS FAIR SHARE, BUT DOES NOT WANT TO BE THE ONLY CITY PAYING FOR STREET LIGHTING ON FEDERALLY -FUNDED HIGHWAY PROJECTS. We support Alaska DOT&PF's acquisition of ISTEA funds for the project, including the street lighting and capital improvement installations. However, the City of Kenai strongly urges you to continue Alaska's policy of 100% State funding on the entire Kenai Spur Highway project upgrade. Kenai will then be treated fairly and equitably. Kenai is looking forward to your continued positive role to complete the Kenai Spur Highway project in 1994. Thank you for your help in bringing the Kenai Spur Highway upgrade plans closer to a reality -- the future safety of the Kenai area depends on such continued foresight, planning and improvements. Please contact me directly if you have any questions. Sincerely, Thomas J. Manninen City Manager TJM/kh cc: vMayor and City Council Keith Kornelis, Public Works Director Cary Graves, City Attorney CITY OF KENAI Gd Cafa&.0 4 A"" It 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 ~ TELEPHONE 907-283-7535 _ FAX 907-283-3014 February 3, 1994 Honorable Mike Navarre Representative, State of Alaska Alaska State Legislature P.O. Box V (MS3100) Juneau, AK 99811 Re: Kenai Spur Highway Lighting Dear Representative Navarre: Enclosed for your information is a copy of my recent letter to State Commissioner Campbell. The State of Alaska DOT&PF wants the City to pay for approximately half of the operation and maintenance of street lights for the Kenai Spur Highway project. The City of Kenai requests your support to insist the State does not set a State-wide precedent, beginning with Kenai, in paying for the operation and maintenance of street lights. Sincerely, Thomas J. Manninen City Manager TJM/kh cc: /ayor and City Council Keith Kornelis, Public Works Director Cary Graves, City Attorney CITY OF KENAI Od 0,,� aj,4142jJza 11 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 a February 3, 1994 Ashley Reed & Attn: Ashley 360 W. Benson Anchorage, AK Associates Reed Blvd., Suite 200 99503 Re: Kenai Spur Highway Lighting Dear Mr. Reed: Enclosed for your information is a copy of my recent letter to State Commissioner Campbell. The City of Kenai requests that you lobby on our behalf to persuade the State of Alaska DOT&PF to construct a four -lane highway, with two eight -foot paved lanes, transition areas, and street lighting as designed. THIS SHOULD INCLUDE THE STATE OF ALASKA DOT&PF PAYING 100% OF THE FUTURE OPERATING AND MAINTENANCE OF THE PROJECT, INCLUDING STREET LIGHTING. Sincerely, Th as J. Manninen City Manager TJM/kh cc: ✓ Mayor and City Council Keith Kornelis, Public Works Director Cary Graves, City Attorney CITY OF KENA 4a.q' �► Od ezpikJ 4 41a.., ...., 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ati 1": February 4, 1994 John Burkholder State of Alaska, DOT/PF PO Box 196900 Anchorage, AK 99519-6900 Subject: Kenai Spur Highway Project - ROW Dear Mr. Burkholder: The City of Kenai is very excited about the state starting construction on the long awaited Kenai Spur Highway Improvement project. Even though we have been unhappy with the recent cutbacks in the project, we know this will be a tremendous improvement to the existing highway. The purpose of this letter is to ask DOT/PF if there are any right-of-way problems with this project. It is my understanding that the city owns a small piece of property that needs to be dedicated as public right-of-way for this project. The City's Administrative Assistant, Kim Howard, who handles the city lands, is presently working with DOT/PF to make this happen. The City of Kenai is willing to work with DOT/PF and other private land owners to reach an agreement concerning the need to dedicate land for public right-of-way for this project. Would you please send the City of Kenai a list of land acquisition that is needed for this project. Please contact Jack La Shot, City Engineer, or myself, if we can be of any help. The City of Kenai shares your concern that this project not be held up due to any right-of- way problems. Sincerely, Keith Komelis Public Works Director KK/kw cc: Rory Reddick, Utility Engineer, DOT/PF Kathy Traughber, DOT/PF Tom Manninen, City Manager ,vQ ty Council O - !D YOUR C r� BER TODA _ Newsletter of The Greater Soldotna C a�7ber-Qf C merbb.............. Volume 7 Issue 2........... February, 1994 _.,°ANNUAL AWARDS BANQUET WEL.QME TO BE HELD FRIDAY, NEW MEMBERS FEBRUARY 18, 1994 The Soldotna Chamber of Commerce will hold our Annual Awards Banquet on Friday, February 18th at the Central Peninsula Sports Center. The No -Host Cocktail Hour will be from 6:30 - 7:30 p.m., and the Banquet will begin at 7:30 p.m. There are several awards to be given out during the event, including the following categories: Person of the Year; Devoted Service to Young People and Youth Activities; Business Person of the Year; Community and Civic Affairs; Excellence in Profession; Volunteer of the Year; and, Outstanding Youth. In addition to the special recognition awards, entertainment will be provided by the Kenai Performers and Peninsula Dancers, sponsoring the New Elizabethan Madrigal Society and Chamber Music Singers in "Sir George and the Dragon". We will also be holding the ticket drawing for the "Lucky 7" Ticket Raffle. If you have not purchased yours yet, there are still a limited number available (contact one of our Board members) for $25.00 each - $4,200.00 in cash prizes will be awarded. The evening promises to be a very enjoyable affair and all members are encouraged to participate. A prime rib dinner will be featured, and the cost is just $15.00 per person. Tickets are available at the Chamber office or through any Board member. Mark your calendar today, and plan to attend this special event! ©THANK YOU FOR YOUR CONTINUED SUPPORT© THE FOLLOWING MEMBERS RENEWED THEIR MEMBERSHIP DURING THE MONTH OF JANUARY ACCOMMODATIONS ON THE KENAI ACCOUNTING & PROPERTY MNGMT. CLIFF HAAS ALASKAN FISHING ADVENTURES CENTER FOR ALASKAN COASTAL STUDIES DAVIS BLOCK AK JUNIOR MISS SCHOLARSHIP, INC. FRAMES & THINGS GALLERY WEST GUFF SHERMAN SIGNS INSURANCE CONNECTION KEETAH FISH CAMP KENAI RIVER RETREAT MEMBERSHIP SURVEY KPHA LAKE CLARK NATIONAL PARK & PRESERVE MARLOW'S KENAI RIVER B & B RAINBOW TOURS SILVER SALMON CREEK LODGE NORTHSTAR ADVENTURES The Soldotna Chamber recently sent a survey regarding potential property tax and/or sales tax increases to all members. To date, only 13% of the membership has responded. Survey forms are still being accepted, and all members are encouraged to submit their responses. The Soldotna City Council has delayed action on Ordinance 586 until their meeting of Wednesday, February 23rd. This will allow Chamber members the opportunity to respond to this survey through Monday, February 21, 1994. If you have not filled out and returned your survey, please do so today. We need to hear from you in order to let the City know where our members stand. CHENAULT NAMED EMPLOYEE OF THE MONTH Sharaf Chenault, art director for Gray Publishing, was named the January Employee of the Month. She was treated to lunch recently and presented with her Certificate of Award by Barbara Kangas, Gray Publishing's senior advertising consultant. Barbara noted that Sharaf is the backbone of their business. Her creativity enables them to better serve their clients and her ability to work under pressure, meeting deadlines (always with good humor) makes her irreplaceable. Congratulations, Sharafl DECEMBER AND JANUARY STUDENTS OF THE MONTH HONORED The December and January Students of the Month were honored at our weekly luncheon meeting of January 25th. Representing Soldotna High School was Justin Brothen (December) and Trevor Todd (January). From Skyview High School were Matt Streiff (December) and Sargeant Truesdell (January). Soldotna Junior High School students were Kandi Hostetter (December) and Seth McCord (January). All six students were treated to lunch and presented with Award Certificates and provided an update on what's happening at their respective schools. Congratulations for a job well done to Justin, Trevor, Matt, Sargeant, Kandi and Seth! �f ni v IF Y ACY y ! • ;.ie = Y i N =Cp C y M q L N 7 M • y 8 O N CD p C = p � ~ C C y = y 16 y y y 9— F y p�Y cc wz wf E /G g3 AN• , t V�j U<C016uiyA <� `,3 = q„a <.�z j y. N a ix UyW� r O oFC z EaE < �+ a F ? 96 m a .Wz Z , a < COO O C < r a a q1t z=< O"p 4'� azWW OOFm CY Y Y Y Yi a OFF L• y Vl;ti� `A o GF„�CziiU�Vp zwF 0•.� az�e~ OHO cYi�'J� o UaxFw 7GOr. aFE CF�y Oyu ' ay zF,cz �O �U Ix mum a <yFq G7 cy �m �r4 «f it: � o: wIx no i= ice: pa C 72 3 G07 m Gy GZ0Z7 m U n Gy G07 0=G �?A • �• 7V o=G V n RfFA ma 5 y ao 7 y V1 z y O y VJ p� ��pp N go o�We o�a52 Q—, 1 :0. 0- O�W Q- o,< of CYwQQzpsU UzPEi U W..Cmc �UF< UwptId =ap GiyZa �i ��w<F ..� 3` zavz..w ;a<-- u. ,, Wr aa: �mi IQ m .am°'_g Ot7 m• Em wSt�gi Oi F wq�<3 a waF<a• E• �<zowa wwi.0t j n .aUO>U oac ma<m.+U UrEx ky rr ^1 W y N y c! y 00a;';3 1965 < eF < < , i oUC03U 9 y y w Sri= aS O virOv�F• m0 Z z: mO" AA m w CY WO=z y < a m to a s a ` � F ~ U a CY w w Cd • w W • co y • �' ON m� vm mN c07m m� c07m ma y y y H GREATERSOLDOINA C,qLqMBER, OF COMMENCE ,ANNUAL AWARDS BANQUET FRIDAY FEBRZLq�' 18, 1994 Central Peninsula Sports Center No-HostCocktaifs 6:30 P.M Dinner 7:30 P.M Entertainment Provided By The Kenai' Performers Peninsula Dancers Tickets avadabfe at the So(dotna Chamber of Commerce Office Or through the Chamber's Board of Directors ,for More Information Caff- 262-9814 GOLF ,the �• Golf 18 Holes ,- • Winter Leagues '„ qbhe. 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Cloud President Editor's Note: Jim Cloud's monthly offering in the Resource Review. Thoughts of the 'resident, has been expanded to include an analysis of the continuing debate on timber harvesting on public lands in Southeast and Southcentral Alaska. Webster's New World Dictionary defines rain forest as "a dense, ever- green forest occupying a tropical re- gion having abundant rainfall through- out the year." According to an article in the Anchorage Daily News Science/ Environment section January 2, 1994, rain forests receive at least 100 inches of rain a year and temperatures rarely rise above 93 degrees or below 68 degrees. Like these two sources, most people's definition means Alaska has no rain forest — we have wet. cold forests. For some. however, the truth takes a back seat to fund raising since "rain forests" are good fund raisers and preservationists know what it takes to raise money from well-meaning, but misinformed Americans. Eight national and state environ- iental lobbies have joined together to raise funds to finance the "Alaska Coastal Rainforest Campaign," an ef- fort to block development, especially logging, from the coastal area stretching from Kodiak to Ketchikan. Members of the cooperative effort are the Southeast Alaska Conservation Council, the Alaska Center for the Environment, Sierra Club Legal Defense Fund, Sierra Club, The Wilderness Society, Trustees for Alaska, American Rivers and the Natural Re- sources Defense Council. First to go will be people who prac- Related Stories • Ketchikan Pulp Company files claims against Forest Service................................4 • Forest Service threatens to cancel Sitka pulp mill's long-term contract in Tongass ..........5 • Mat -Su Borough gives green light to timber harvesting through innovative agreement ... 6 tice forestry to make available wood products to consumers, followed by re- strictions on visitors who wish to expe- rience Alaska's coastal areas. Efforts will eventually be turned to restricting commercial use of marine resources that interact with habitat found along the coastal forests. Regulations severely lim- iting subsistence and commercial fishing activities will undoubtedly follow. We've seen it all before. In the Despite claims made by environmentalists, facts show logging in Alaska is well under sustainable levels. Tongass, America's largest national forest accounting for most of the coastal lands in Southeast Alaska, the timber industry made major concessions to environmental interests in 1980 through the Alaska National Interest Lands Conservation Act (ANILCA), which set aside over 1.6 million acres of prime forest lands from logging. The timber base in the Tongass available to loggers was further (Continued to page 4) I All Message from the Executive Director by Becky L. Gay Final wetlands policy report due in March As part of the Clinton Administration's wetlands plan released August 24. 1993, the Environmental Protection Agency (EPA) and the Corps of Engineers (COE) has met with interest groups within Alaska to identify and address concerns with the Clean Water Act 404 program. Last week I represented RDC at the last round of stakeholder meetings in Anchorage, speaking on behalf of the many development interests in Alaska. Our thanks to Mary Nordale for handling the Juneau seat, Diane Carpenter in Bethel for community concerns. Mayor John Handeland of Nome and Karl Hanneman in Fairbanks for advancing the concerns of the mining industry, all on behalf of RDC. The first round of stakeholder meetings began with two- day meetings in late November, and were held in Juneau, Bethel, Fairbanks and Anchorage, as were the second round. In December. a statewide teleconference was held to take public comments on the Administration's proposed changes. The EPA and Corps then compiled recommendations from the first round of public discussion, the statewide tele- conference and written comments, and developed 11 issue papers addressing Alaskan wetlands issues and proposed solutions. A final report and an implementation plan are scheduled to be issued in early March. The 11 issue papers address many of the problems associated with the Section 404 program and the future application of the no net loss goal. RDC is somewhat optimistic by the apparent awareness of the Alaskan officials of the EPA and Corps, that a strict adherence to a "no overall net loss of wetlands" policy will not work in Alaska. Regard- less of the successful process, we will have to wait and see the final recommendations before we call the product a success. Stakeholders have requested a chance to examine the final draft before it is sent to Washington, but it is not clear whether that will be forthcoming. The final proposal can have a significant impact on future development. Due to the abundance of wetlands in Alaska, virtually all land use activity occurs on wetlands. Every city, village ari borough is affected by the Section 404 program. The re.. concern is that strict application of a "no net loss" formula, as proposed by the Clinton Administration, would bring nearly all development to a halt since compensatory mitigation is the final result of using wetlands under a no net loss policy, even after avoidance and minimization efforts. The perverse aspect of this policy, if strictly applied, is that it would have the worst effect on the state which has the best record of wetlands conservation! Unlike the Lower 48 states, many of which face significant losses of wetlands, over 99% of Alaska's wetlands remain untouched and intact. Sound public policy efforts should reward Alaska for the best wetlands management practices of any state, rather than penalize it for historic losses sustained in other parts of the country. Because of the overwhelming importance of the wet- lands issue to Alaska. RDC has been involved in every aspect of the process. RDC is currently formulating extensive comments, and has developed a wetlands regulatory ques- tionnaire to respond during this final comment period, which has been extended to February 4. RDC strongly urges each of you to submit your own comments to the EPA and Corps, or send them a question- naire, which may be obtained by calling or stopping by RDC. Your participation in this process can have a significant impact on your life, as well as every other Alaskan. We mi — let the Clinton administration hear our side. Theenvironmer.. community has formulated a massive campaign, largelyfrom highly misinformed citizens in other states, to stop any consideration forthe Alaska situation. A copy of the Nationa Wildlife Federation's hysterical letter is available at RDC to let you see for yourself what kind of opposition is being stirred up Outside. We must stress to the Clinton Administration, the EPA and the Corps, that virtually every facet of resource develop- ment is affected by wetlands regulation, from exploration and development activities to community basic infrastructure construction. In any number of ways the Section 404 program can effectively lockup our energy resources with potentially devastating impacts if no net loss is strictly enforced. Just as important for Alaska's residents, visitors and its future inhabitants, adequate human needs must be met for quality of life to improve. It makes no sense to protect wetlands foremost and in that quest, impede rural villages from attaining safe water and sewage systems, communities from lengthening their one airstrip. adding to the port facility, building schools, clinics and housing . Submit your comments to: Al Ewing, EPA, Alaska Operations Office. 222 W. 7th Ave, #19, Anchorage, AK 99513 - 7588 The Resource Devekipment Council (RDC) is Alaska's Vice President ................................... Elizabeth Rensch largest privately funded nonprofit economic develop- Secretary ............................................. Scott L. Thorson Resource Review is the official monthly publication of ment organization working to develop Alaska's natural Treasurer ............................................... Allen Bingham the Resource Development Council. RDC is locates' resources in an orderly manner and to create a broad- Past President ................................ Paul S. Glavinovich 121 W. Fireweed, Suite 250, Anchorage, AK 99,%, , based, diversified economy while protecting and en- Staff (907) 276-0700. Fax: 276-3887 hancing the environment. Executive Director .................................... Becky L. Gay Material in the publication may be reprinted without Communications Director .......................Carl R. Portman permission provided approprate credit is givem Executive Committee Offkers Special AssistanVFinance ..................... Judie Schneiter Writer & Editor President ............................................James L. Cloud Projects Coordinator ................. Ken Freeman Cad Portman Sr. Vice President ............................... David J. Parish Staff Assistant Penny Booher Page 2 / RESOURCE REVIEW / January - February 1994 OPA'90: Alaskans must respond MMS schedules public hearing February 16 in Anchorage The U.S. Minerals Management Service (MMS)has ex- tended the public comment period on its Advanced Notice of Proposed Rulemaking on the Oil Pollution Act of 1990 until February 28. MMS officials also set Wednesday, February 16. as the date of a public hearing in Anchorage to give Alaskans an opportunity to express their opinions on the OPA rulemaking to agency officials face-to-face. Comments are being sought on several topics. including the effects of OPA financial responsibility requirements on local communities, the interaction of state and federal gov- ernments in enforcing OPA financial responsibility, methods available to prove financial bonding and types and locations of "offshore facilities" subject to OPA financial responsibility requirements. Through the rulemaking process, MMS will write regula- tions implementing the law. If fully implemented and en- forced, the law will require $150 million in liability insurance )r any company or individual involved in the transport or ,landling of any quantity of oil or oil products over land which is "wet." State, federal and municipal facilities. as well as schools. remote airstrips, boat harbors, mining and logging camps, scientific research stations, electrical cooperatives, bulk fuel tank owners, wilderness lodges and many businesses and individuals would be required to obtain "certificates of finan- cial responsibility." The $150 million in bonding is cost prohibitive, if available at all. In comments to MMS, Mike Conway, Director of the Division of Spill Prevention and Response of the Alaska Department of Environmental Conservation (DEC), said the proposed financial responsibility requirement rules "far ex- ceed the intent of OPA '90 and the traditional jurisdiction and mission of MMS." DEC recommended MMS redirect the scope of its rulemaking effort. Specifically, DEC recommended MMS choose a more appropriate interpretation of the term "navigable waters." For the purpose of implementing OPA '90, MMS should limit its role to the Outer Continental Shelf and state submerged lands outside of traditional lines of demarcation, Conway said. "The move to include state wetlands in this rulemaking is particularly objectionable." Conway also said MMS should rely on the State's finan- -ial responsibility requirements in State waters. He said the 6tate's requirements are some of the most comprehensive in the world. They take into account varying levels of risk associated with each category of oil operator in Alaska and differentiate between crude and noncrude oil. Conway noted that operators storing less than 5,000 barrels of crude oil or less than 10,000 barrels of noncrude oil, are exempt from Enforcement of the proposed rulemaking would have a profound negative effect on the economy of Alaska and other states. The proposed rulemaking would force private businesses and local and state government agencies to cease certain essential operations. It could have a chain -reaction which would upset the entire Alaska economy. financial responsibility requirements. He said financial re- sponsibility amounts of $150 million or greater are not applied to any operation in Alaska other than crude oil tankerships. Crude oil pipelines and offshore exploration and production facilities are required to show proof of financial responsibility in the amount of $50 million in State waters. DEC's final recommendation is to exempt small opera- tors not within MMS's regulatory expertise and traditional jurisdiction. "The proposed rules radically expand MMS's scope of jurisdiction and the type of facilities regulated, and fail to recognize any differences in risk between small and large operators," Conway said. "Since a $150 million financial responsibility requirement is set in statute, MMS should decide which operations pose a threat of that magnitude and exempt all smaller operators." A major problem of the law is centered around the key terms of "offshore facilities," "navigable waters" and "respon- sible parties." In the law, "offshore facilities" is defined as any facility located in, on or under any navigable waters of the United States. The definition goes well beyond drilling and produc- tion rigs to include inland pipelines, tanker trucks, neighbor- hood gas stations, marinas and even residential storage tanks. "Navigable waters" is defined in OPA'90 as "waters of the United States," including rivers, streams, lakes and wetlands. In Alaska, 70 percent of the state could be affected by that definition. Meanwhile, "responsible party" is no longer used in (Continued to page 7) January - February 1994 / RESOURCE REVIEW / Page 3 Loggers cutting below sustainable levels (Continued from page 1) eroded by an additional 700.000 acres when Congress passed the Tongass Timber Reform Act in 1990. The new law. along with ANILCA set asides and various administrative decrees, have left approximately two-thirds of the for- ested lands in the Tongass off-limits to logging. Of 5.7 million acres of com- mercially valuable timber, less than two million acres are scheduled for logging on a 100-year cycle. With each compromise and con- cession, the slice of the Tongass avail- able to timber harvesting becomes smaller. Environmentalists, not content with past victories, are pressing for- ward on a number of fronts. The Biodiversity Legal Foundation of Boulder. Colorado has petitioned the federal government to list a subspecies of the gray wolf in the Tongass as a threatened species under the Endan- gered Species Act. The move is un- usual because there is no evidence the wolf population is declining. The desig- nation. if granted, could include new restrictions on logging. The filing comes as environmentalists are asking the new chief of the U.S. Forest Service. Jack Ward Thomas, to overturn the agency's approval of a 267-million board foot timber sale on Prince of Wales Island in the Tongass. The sale would help the Forest Service meet terms of a 50-year supply contract (13 years remaining) to Ketchikan Pulp Company, which needs the timber to keep operating. Other initiatives call for creating new habitat conservation areas, reduc- ing annual timber harvests by one -quar- ter. And PACFISH, another plan en- dorsed by environmentalists, would triple the size of no -logging buffer zones along fish streams, lakes and wetlands, reducing annual timber harvests by as much as 60 percent. Of course, envi- ronmentalists want PACFISH, a fisher- ies protection plan developed for the Pacific Northwest fisheries problem, to Ketchikan Pulp Company files claims against Forest Service Ketchikan Pulp Corporation has filed a series of administrative claims against the Forest Service to recover damages and protect and defend the company's 50-year timber contract, which is the foundation of its operation in Southeast Alaska. The claims, which total over $80 million dollars, allege the Forest Ser- vice breached the contract by failing to provide the required volume of timber during the 1989-94 time period. The company also alleges the timber it did receive wasn't provided in a timely manner. And it claims the agency didn't calculate the right rates for the timber. KPC has invested hundreds of mil- lions of dollars in timber operations, sawmills, pulp manufacturing and envi- ronmental facilities. The company says it has met the original intentions of the federal government contract by build- ing a sustainable forest products manu- facturing industry in Southeast Alaska with stable. year-round jobs and a strong local tax base. `KPC remains committed to continu- ing its operations and its record of perfor- mance under the terms of its mutual con- tract with the Forest Service and we expect the federal government to honor the con- tract and perform," said Martin Pihl, Presi- dent and General Manager. Meanwhile, the Forest Service has put a major timber sale vital to company operations on hold. The 267-million board foot sale on Prince of Wales Island had been approved by the re- gional director in Alaska, but environ- mentalists have convinced the new chief of the Forest Service, Jack Ward Tho- mas, to pull it back. Thomas is now reviewing the terms of the sale and is expected to make adetermination soon. The sale would help the Forest Service meet its contractual obligations to KPC. apply to the Tongass, even though fish runs here are strong and stringent for- est practices measures are already in place. The Tongass is the only national forest with mandated buffer zones. But never before have the efforts to lock up Alaska's natural resources been so well financed and coordinated. A handful of Outsiders are orchestrating the most recent campaign to use their media and political influence to force their idea of land use on Alaska's hard working men and women. The new campaign is staffed with dedicated, salaried professionals hailing from Washington, D.C.. and Atlanta, Geor- gia, the mecca of cable television pro- gramming. According to a Compass article in the June 18, 1993 Anchorage Daily News, the Alaska Coastal Rainforest Campaign wants to spend the Exxon Valdez Trust fund on lands not already owned by the government that mic someday be harvested for wood prod- ucts or used for purposes other than a national park. These groups that com- prise the campaign say they are just trying to return logging to sustainable levels. Let us look at the facts. Along the Southeast panhandle, where the Tongass stretches from Ketchikan to Yakutat, the Forest Ser- vice says 874 million board feet of timber outside closed areas can be harvested annually, but notes that some of this timber is not practical to log. Although by law up to 450 million board feet can be harvested each year, the average annual harvest of sawlog tim- ber from 1980 to 1993 was only 300 million board feet. Total harvests, in- cluding logs for pulp, averaged close to 400 million board feet annually since 1987. In the Chugach National Forest, encompassing much of the Gulf Coast, including Prince William Sound, the Forest Service says up to 41 milli( board feet of timber can be harvesteu on a sustained yield basis. While a forest plan allows harvests up to 10.6 million board feet annually, less than 1 million board feet annually has been logged over the past five years. (Continued to bottom of page 5) Page 4 / RESOURCE REVIEW / January - February 1994 Southeast Alaska - Tongass National Forest Total area: Commercial forest (productive timberland): Withdrawn: Available Productive timberland: Scheduled for harvest (100-year cycle) 16.9 million acres 5.7 million acres 2.3 million acres 3.4 million acres 1.9 million acres Rough estimate of annual maximum potential sustained yield Biological sustainable level: 927 million board feet Withdrawn: 53 million board feet Available sustainable level: 874 million board feet " Current average annual cut allowed by law: 450 million board feet Average annual harvest (1987-1993) 402 million board feet "' ' Represents theoretical sustainable level, but the Forest Service claims some of this timber is not practical to log due to geographical constraints and conflicts with other resources. —Represents sawtimber and utility logs Gulf Coast - Chugach National Forest Total area: 5.9 million acres Commercial forest (productive timberland): 290,900 acres Withdrawn: 56,600 acres cheduled for harvest (120-year cycle): 94,000 acres Rough estimate of annual maximum potential sustained yield Biological sustainable level: 49 million board feet* Withdrawn: 8 million board feet Available sustainable level: 41 million board feet Current annual average allowed by law: 10.6 million board feet Average annual harvest (1987-1993): 980,000 board feet" Personal & Corporate Income Tax: Forest Products industry: $35 million annually Private foresters claim the biological annual sustained yield from the Chugach is over 60 million board feet. " Current harvests from the Chugach has been primarily for personal firewood use. The Forest Service is considering amendments to its 10-year management plan that may eliminate timber harvesting from the forest. Note: The above statistics do not include timber volume along coastal areas of Kenai Fjords National Park, all of which is closed to logging. Source: U.S. Forest Service and Alaska Department of Commerce and Economic Dev. (Continued from page 4) Despite claims to the contrary, the facts show logging is occurring at levels well below what the forest from Ketchi- -tn to Southcentral Alaska can sustain. ..)gging could be increased substan- tially and still remain under sustained yields necessary to maintain the forest's health. The Gulf Coast and Southeast re- gions have a population of 137,000 and Forest Service threatens to cancel long-term contract APC: Not in breach of contract Unless Alaska Pulp Corporation re- opens its Sitka pulp mill within 30 days, the Forest Service says it will cancel the company's 50-year contract to purchase timber in the Tongass National Forest. Termination of the contract between the Forest Service and Alaska Pulp Cor- poration would jeopardize the jobs of 900 loggers and workers supporting the company's sawmill in Wrangell. Major changes in the Forest Service's administration of the federal contract, which substantially increased the price of wood and decreased the overall quantity and quality of logs avail- able to the company, made a difficult pulp market unworkable, forcing the mill to close in September. Four hun- dred employees with an annual payroll of $18.8 million lost their jobs. The company's contract with the Forest Service allowed forthe purchase of 5 billion board feet of timber through the year 2011. But since the contract was signed in 1957, most productive forest lands in the Tongass have been closed to logging, either through Wil- derness designations or administrative actions. A major lobbying effort by envi- ronmentalists in the 1980s led to major modifications in the timber purchase contract which made it much costlier for the company to do business. APC, which insists it is not in breach of its contract, is exploring other uses for pulp logs as well as residual wood chips from the Wrangell sawmill. (Continued to page 6) a salaried employment base of 68,000. can be carried out without damaging Personal and corporate income tax other resources and wildlife. generated by the forest products indus- Gradually and incrementally, these try is estimated at $35 million annually. groups are taking away the right of self Limiting land use of our coastal region determination Alaskans thought they to wildlife habitat is an undue, unneces- earned with statehood. We cannot stand sary burden on Alaskans and people by and let our state become a victim of relying on our natural resources for raw the Alaska Coastal Rainforest Coalition. materials to make products. Time and Take a stand, get involved. Let the time again, sound scientific analysis Governor and the Exxon Valdez Trustees has demonstrated that forest harvests Council know your opinion. January - February 1994 / RESOURCE REVIEW / Page 5 Logs harvested from Interior Alaska are shipped out of the Port of Anchorage. Mat -Su gives go ahead to multiple use contract The Matanuska-Susitna Borough Assembly has awarded a 20-year con- tract to a private corporation to manage 35,000 acres of borough lands classi- fied for forest management. At a meeting in Palmer December 14, the Assembly approved what it calls a Multiple Use Management Agree- ment with Menasha Corporation. an Oregon -based forest products com- pany. The concept would allow the pri- vate firm to manage lands in the Chijuk Creek and North Sheep Creek forest management units for timber harvest- ing and other multiple uses, including salmon stream enhancement and pub- lic recreation. The contract calls for a Multiple Use Management Plan, which is to be submitted in 18 months for public re- view and approval by the borough's planning commission and assembly. Five-year development schedules are mandated by the contract. as well as annual operating plans and perfor- mance bonds for reforestation. The Menasha proposal is consis- tent with relevant borough plans for the area, including the Susitna Area Plan and the Chijuk Forest Management Plan. In comments submitted to the bor- ough assembly, RDC said the concept of a Multiple Use Management Agree- ment offers one of the more progres- sive methods of managing the public's forest lands. RDC noted the lands have undergone extensive layers of plan- ning and the time has now come for implementation of the various plans providing for multiple uses. Proponents of the agreement point out that it will enhance public recreation opportunities through improved access for the general public into backcountry areas. Better access to salmon streams would attract more visitors to the bor- ough and stimulate tourism. By improv- ing access to key areas, recreationists would be more dispersed, reducing impacts on popular destinations like the Kenai River. As a result, outdoor experiences would actually be en- hanced in both the Valley and the Kenai Peninsula. In addition to boosting tourism and enhancing public recreation, the Mul- tiple Use Management Agreement would provide new employment oppor- tunities. help diversify the economy and add to the tax base. In supporting the agreement, Arvid Hall, Vice President of Taiga Resource Consultants, said "everyone can ben- efit if we work together and cooperate rather than taking divisive stands and turning it into a'wilderness vs. develop- ment' issue." RDC was instrumental in generat- ing positive support for the agreement. Comments received by the borough favored the proposal. APC says it's, not in breach of contract (Continued from page 5) "The objective has been to find an alternative to the manufacture of dis- solving pulp which undercurrent Forest Service administration of our contract is not financially viable," said Frank Roppel. APC executive vice president. 'Our preliminary studies indicate that it is possible to convert the Sitka facility to make the type of pulp essen- tial in the manufacture of medium den- sity fiberboard (MDF). This appears to be technically and economically fea- sible." Roppel said. In a letter to Forest Service Chief Jack Ward Thomas, APC Chairman George Ishiyama said "if studies prove the economic feasibility of the conver- sion to be favorable, and we think they will, it would be our intention to promr proceed to take the necessary steps to convert the mill to MDF production, either by ourselves, or in participation with other interested parties." The conversion could take as long as two years, depending on economic, engineering, technical and regulatory requirements. Roppel said. The conversion to MDFwould have many important benefits, including the elimination of air and water discharge challenges associated with the existing mill. It would also preserve the jobs at the Wrangell sawmill and those associ- ated with logging operations. Regional forester Mike Barton, how- ever, is showing little willingness to al- low the Sitka pulp mill to remain closed while Alaska Pulp studies conversion. In a January 13 letter, Barton said con- version of the mill into a fiberboard operation depends on modification of the contract, which would require con- gressional action. Environmental groups have long fouc for cancellation of the APC contract and a similar one held by Ketchikan Pulp Com- pany. Environmentalists also oppose con- version of the Sitka plant. The Clinton ad- ministration has shown little willingness to find a solution. Page 6 / RESOURCE REVIEW / January - February 1994 _Alaska rural power: Problem or opportunity? During the past 20 years, Alaska has spent millions of dollars to pay for power plants, distribution systems and bulk fuel storage tanks throughout Alaska. It also subsidizes the operating costs of Alaska's rural electric utilities. These facilities have played a major role in improving the quality of life for rural Alaskans. The benefits from the availability of electricity have been many and widespread. But the goal of greater local self-reliance and indepen- dence has not been achieved. To the contrary, there has been a growing dependence on government programs and subsidies. Today, most of the independent village -owned power systems are not well managed, self-sustaining entities. They continue to be dependent on the state for equipment up- grades and replacements and need the money from the power cost subsidy program (Power Cost Equalization) to break even on operating costs. Equipment is inadequately maintained. Utility management skills are limited. Higherthan necessary electricity costs, premature equip- ment replacement, insufficient financial reserves and heavy dependence on state government funding are the norm rather than the exception. Unfortunately, the Alaska Energy Authority (AEA), the ._now disbanded state agency previously responsible for rural itility programs, concentrated its efforts on capital improve- ments and not on helping create independent self-sufficient utilities. Although lip service was paid to the importance of pre- ventative maintenance and the need for ongoing technical and management training, no serious concerted effort was ever made to provide such programs on an ongoing basis. The result is that time has run out. As 1994 begins. Alaska's state government is facing a major fiscal crisis and projected revenue shortfall. No longer can the state afford to continue to replace power plants and distribution systems every few years and to subsidize power costs indefinitely. The "window of opportunity" to implement successful education and training programs has passed. It takes years and years to achieve the desired results. That time no longer exists and most rural utilities are not prepared for the difficult times ahead. Guest Opinion by Clarissa Quinlan Secretary -Treasurer Alaska Power Systems If the newly established Department of Community and Regional Affairs Division of Energy continues with the same AEA philosophy in structuring its rural programs, more and more rural utilities will fall into disrepair and eventually cease to operate. This will make takeover by the state government inevitable. Ironically, this situation presents, for the first time, a real opportunity for the private sector to take a leadership position in helping to solve the problem. Contrary to conventional wisdom, financially viable utili- ties eventually operating with minimum or no state subsi- dies - can be operated successfully in rural Alaska. This can be done by combining the creativity, efficiency and expertise of private companies with the talents of rural Alaskans. It is now time for a private/public partnership of village leaders, the private sector and initially, the state government. The state's contribution is a positive regulatory and invest- ment climate and "seed" capital to attract matching private capital. Private financing is the key stimulus that guarantees a continuing and long-term commitment by the private sector. It provides the real and last incentive for obtaining reduced operating costs by having good management, maximizing efficiencies and extending the useful life of all assets as long as possible. Loans must be repaid and profits achieved. This voluntary partnership of rural utilities and the private sector will ensure that each rural power system has a high quality state-of-the-art power plant, well trained responsible local personnel and efficient operation -- all of which contrib- ute to having reliable lower -priced power for years to come. OPA `90: RDC urges MMS to send law back for amendments (Continued from page 3) the context of Outer Continental Self leasing. OPA'90 defines this term as anyone who is involved in the transport of any quantity of oil products over land which is "wet." The Resource Development Council is working with local communities. the state and the legislature to bring sanity to the discussions on OPA '90. RDC is urging MMS to send the law back to Congress to change and refocus on the appropri- ate goals. MMS is accepting written comments on the issue through February 28. Comments may be sent to: Offshore Operations and Safety Management, Minerals Management Service, Mail Stop 4700, 381 Elden Street, Herndon, VA 22070-1575. At press time. MMS had not yet set a specific time or place for the February 16 public hearing in Anchorage. Persons wishing to testify must call Robyn Casey at MMS at 271-6070 to register. RDC's action alert on the issue in December generated a flood of comments to MMS. More information will be sent to our members prior to the February hearing. January - February 1994 / RESOURCE REVIEW / Page 7 Alaska Power Systems Since 1981, Alaska Power Systems has been the leader in serving community -owned electric utilities throughout Alaska from the Aleutian Chain to the Interior. We have one goal -- to bring affordable and cost-effective state-of-the-art power to communi- ties in remote locations throughout Alaska. Alaska Power Systems has proven capability and experience in all aspects of building and oper- ating powerplants -- design, equipment, installa- tion, technical and management support and fi- nancing. Powerplants are designed and built for the specific cli- mate, long life, maximum fuel efficiency, operation simplicity and ease of maintenance. Wherever possible, alternative energy sources, such as hydro, are incorporated into the power system. An example is the recently completed project on the Aleutian Chain that is owned jointly by the City of Akutan and Alaska Power Systems. It includes a special switching sys- tem that mates hydropower with diesel generators and re- mote monitoring package, saving the utility over 70,000 gallons of fuel annually. Alaska Power Systems 8300 King Street Anchorage, AK 99518 344-2631 800-478-2631 Fax: 349-8764 Resource Development Council 121 W. Fireweed, Suite 250 Anchorage, AK 99503 ADDRESS CORRECTION REQUESTED One important reason for this success has been the company's close and ongoing relation- ship with many communities and the local utility personnel with whom we've been working with all these years. Their encouragement and support has given us the incentive to develop positive and innovative approaches toward solving their problems. This includes successfully combining new technologies with diesel and alternative power generation. The result: significantly lower powercosts and increased reliability. Remote• • Package - Sensors attached to all critical functions of the powerplai combined with computerized 24-hour remote monitoring and analysis simplifies troubleshooting and eliminates unneces- sary expensive travel. Costly system load imbalances are immediately identified, diagnosed and corrected. Using data generated by the monitoring system, Alaska Power Systems sizes powerplants to meet specific community load require- ments, optimize efficiency and simplify operation and main- tenance. Recognizing that equipment and systems performance and longevity is directly tied to the quality of maintenance and support it receives, Alaska Power Systems services also include complete main-tenance services, training programs and electric utility management services performed by our knowledgeable and dedicated staff with many years Alaskan experience. This year we are providing Circuit Rider Preven- tative Maintenance, Training and Emergency Response ser- vices for the Division of Energy in 58 communities. Bulk Rate Ms. Carol Freas U.S. Postage Clerk PAID City of Kenai I Anchorage, AK 210 Fidalgo Avenue I Permit No. 377 Kenai AK 99611 Helping prepare Alaska Students to make informed decisions about Alaska's mineral and energy resources ARK, a Junior Achievement company, is working to foster a partnership between resource industries and public education in Alaska. As a JA company, the students who comprise ARK elect officers and create by-laws, in addition to producing and marketing a product. This gives the students an opportunity to experience business. It also gives them the chance to meet with key members of the business community in a professional atmosphere. Overall, JA gives its students the chance to begin preparing for their future. ARK has joined the Alaska Mineral and Energy Resource Education Fund (AMEREF) in a partnership between resource industries and public education to produce the Alaska Resources Kit. The kit is a multimedia educational program directed at informing students of the role mineral and energy resources play in society and the significance of these resources to Alaska's economy. The kit, considered the heart of resource education in Alaska, is Alaska -specific, consisting of hands-on geology specimens, videos, maps, posters, and dozens of lesson plans and student activities. A major element of the kit is a 432-page teachers manual which guides the instructional activities and use of the kit's various components and reference books. The Alaska Resources Kit is designed for use in grades K-12 and is an interdisciplinary curriculum, incorporating math, history, geology, chemistry and even English. The kit has been accepted for use in all of Alaska's 54 school districts, but not every school has a kit. The waiting list is long and constantly growing. The cost of the kit is $135. ARK is now seeking underwriters for kit production. Once pro- duced, the kits will be turned over to AMEREF for distribution in the schools. Because both ARK and AMEREF are non-profit organizations, underwriting the Alaska Resources Kit is tax deductible. If you have any questions or would like to set a time for ARK to show you the kit, please call Carl Portman or Ken Freeman at the RDC office, 276-0700 or fax the information below to 276-3887 and we'll get back to you. NAME COMPANY ADDRESS CITY PHONE — STATE Z I P FAX Please see other side List of Alaska Resources Kit Sponsors through ARK, a JA company November 1993 to January 25, 1994 National Bank of Alaska Robert B. Atwood Alyeska Pipeline Service Company Koniag, Inc. North Pacific Mining Company Alaska Power Systems Teamsters Local 959 Petro Star, Inc. Cominco Alaska Exploration Hartig, Rhodes, Norman Usibelli Coal Mine, Inc. Northrim Bank Alaska Helicopters Koncor Forest Products Details, Inc. Hawley Resource Group Alaska Russia Company P-W Insurance, Inc. Rex Bishopp Jim Posey Please join these committed businesses and individuals in sponsoring Alaska Resource Kits Partners in resource education Building public awareness of minerals & energy resources and their essential role in society Resource Development Council r,.Ai/� HURSDA., Y Petroleum Club of Anchorage 4101 Credit Union Drive (South side of Sea Galley Restaurant) February 19,94 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 Winter Cities Conference 1994 Jim Kubitz, Chair, Winter Cities 1994 Alaska Wetlands Policy: Where Do We Go From Here? Robert Oja, Chief, Regulatory Branch, U.S. Corps of Engineers Oil Pollution Act of 1990: Impact on Alaska U.S. Minerals Management Service: speaker to be announced later Update on AIDEA Development Projects - John Olson, Deputy Director, Alaska Industrial Development & Export Authority RDC needs your fax number I I Please fax this back to (907)276-3887 and you will be on our fax alert list. THANK YOU! Name: Title: Company: Address: Fax: Phone: CE. RICHARD H. PERRY P. O. Box 877596 Wasilla, Alaska 99687 ? 8 9 t03February 9, 199440"ro R FFB 7994 ar DEMAND LETTER ��se CERTIFIED MAIL RETURN RECEIPT REQUESTED Mayor City of Kenai 210 Fidalgo Kenai, Alaska 99611 Re: Peg & Roy's Laundry Sewer Problem On January 19, 1994, I addressed the City Council at their regular meeting with regard to the above -captioned matter. I have enclosed for your information copies of correspondence which I have previously given to the City Council. I will not reiterate all of the facts as they are outlined in the previous correspondence. This is my third attempt to obtain a response from the City of Kenai. It is my feeling that my wife, Louise, and I were denied our rights to comply with the City Sewer Code, by the failure of the City to require Mr. Teijen to be connected into the City sewer main, before the City began billing Mr. Teijen for sewer services. It has come to our attention that Peg & Roy's Laundry was never connected to the City sewer main, but yet, the City of Kenai billed us for this service and the City of Kenai, knew that we were not connected, but yet continued to bill us for said service. In my efforts to clear this matter up, I feel that I have been lied to by certain officials with the City of Kenai. Mayor City of Kenai February 9, 1994 Page Two An error was made by the City of Kenai regarding Peg & Roy's Laundry and at this time, I would like to propose the following in settlement of my claim against the City of Kenai: The City of Kenai to pay $30,000.00 to Richard and Louise Perry in settlement of all of their monies paid to, claims for and against the City of Kenai, plus interest, with regard to the above. I am requesting a fair and just settlement with regard to the above matter, and as a taxpayer in the Kenai Peninsula Borough, I request that you respond to this letter within ten days of your receipt of same. Sincerely, Richard H. Perry RHP:jlm Enclosures RICHARD H. PERRY P.O. BOB 877596 Wasilla, Alaska 99687 January 12, 1994 City Council Members City of Kenai 210 Fidalgo Kenai, Alaska 99611 Re: Pea & Roy's Laundry Sewer Problem Dear City Council Members: I am writing this letter with regard to the above -captioned matter. The following is an outline of background facts that will show that the City of Kenai Public Works Department and Mr. Cary Graves denied Richard and Louise Perry their rights to see records that would be beneficial in helping to clear up a difficult problem where the City was particularly involved in. The following will also show that some of the Kenai City Employees (Public Works Department) did not do their job and duty. With regard to the records of the Kenai City Sewer disposal pertaining to Peg & Roy's Laundry, Mr. Joe Demaree had informed me that the Laundry was not connected to the City Sewer Main. We were instructed to contact Mr. Charlie Brown, Director of Finance, and when we did, the Manager was not present at said meeting. 1. 7/21/76 - Water Permit No. WO675 issued to (Peg & Roy's) Teijen. Mile 13.5 Spur Road. (13942) Inspection Fee - $10.00. (Total bill - $410.50 for water connection.) When sewer main was installed, Roy Teijen was charged for water and sewer assessments in the amount of $339.66. City Council Members City of Kenai January 12, 1994 Page Two 2. 4/30/93 - Mr. Cary Graves mailed to my attention some of the permits and other records. The Sewer Permit issued to Roy Teijen was missing, as well as many others. Why? Mr. Cary Graves had stated that there were no records, as did Mr. Charlie Brown. Both of these gentlemen blatantly lied with regard to this, in turn, causing me an awful lot of trouble. I only wanted to know how this could be possible. 3. 8/1/92 - Sewer Permit (No. 2) No. S1400 issued to, Tommy Joe Demaree 13942, same business, same location. 4. In the April 30, 1993 letter, Mr. Cary Graves stated that water and sewer system schematics "as -built" is enclosed in said letter. He did not point out where the sewer connection was located on the sewer mainline, in which the City of Kenai had billed Peg & Roy's Laundry for so many years. There was no sewer connection. If there had of been a sewer connection, it would have been found when the ground was dug up, when Mr. Demaree's connection was made. I am requesting the City of Kenai for a fair and just settlement with regard to this unfortunate matter for both the City and myself. I do not want to have to take any further action. I am a tax payer in the Kenai Peninsula Borough, and I request a response to this letter within ten days of your receipt of same. Sincerely, Richard H. Perry RHP:jlm M A " 04 '/V94/ From: Richard H Perry P 0 Box 877596 Wasilla, Ak. 99687 To: City of Kenai 210 Fidalgo Kenai, Ak. 99611 Attention: Carol Freas Dear Council Members; This letter is regarding sewer service to the business of Pegac.Roys Laundry and Drycleaners rent, 13942 Kenai Spur Hwy. In July 1978 I purchased this business from Roy Tietjen. On my legal contract with Mr. Tietjen, which is filed with Bourgh records dept., it states that the responsibility of water and sewer assessments to the City of Kenai, was that of Mr. Tietjen... I was told by ..r. Tietjen that it had been hooked up. From July 1978 to February 1991 I was billed for water and sewer each month of which I paid promptly. In February 1991 I sold this business to Tommy Joe Damaree, and in good faith told Mr. Damaree the business was hooked up to city water and sewer. At which time billing was changed over to Mr. Dan- es.. I was notified on or about July 1, 1992, by Mr. Damaree that the Laundroaat was not hooked up to the city sewer. After recievimg this news, my son Steve Perry and myself made a trip to Kenai, and went directly to the City of Kenai Offices. I tried to get information from Mr. Charlie Brown, Director of Finance, and was informed by his that your office had no records. In fact the only cooperation I recieved was from the City Engineer, who affirmed with a nod, my question that if it was not hooked up the sewer would in fact percolate through the ground. I later spoke to Mr. Howard Hackney (now deceased) who told me the Laundromat was not hooked up. I reimbursed Mr. Damaree for all fees and expenses for the hook up to the city sewer. Since then Mr. Damaree has been refunded by the city is the amount of $2,070.23 for sixteen (16) months of sewer bills. After going through my records, I'.believe.the City of Kenai owes me in excess of $20,000 plus any interest determined to be fair and equitable. I an no longer represented by Council, due to a conflict of interest in this case. I will be present for the meeting on January 19,1994, and would appreciate your time and fairness in determining this matter. Thank You, Richard H. Ferry