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HomeMy WebLinkAbout1971-09-01 Council PacketKenai City Council Meeting Packet Septe.mber 1, 1971 A, B, C, D. g, Fo G, H, AGENDA REGULAR MEETING, SEPTEMBER 1, KENAI CITY COUNCIL 1971, 8'00 P.M. ROLL CALL PERSONS PRESENT SCHEDULED TO BE HEARD' 1. Hugh Malone - Sno-Shoe Gun Club 2. 3. MINUTES 1. Regular Meeting of August 18, CORRESPONDENCE 1. L. E. Haines, 1971 Provost - University of Alaska 2. Daniel L. Osborne- Sierra Club 'Robert B. Weeden, President - Alaska Conservation Society 4. Ronald G. Hansen - Dept of Environmental' Conservation 5. From Anderegg to Robert Pavitt REPORTS 1. City Manger's Report a. Things to do list 8/18/71 b. Discussion on the Kenai Sewer Treatment Plant and Soldotna Sewer Treatment Plant Homer Electric Association C. 2. City Attorney's Report 3. Mayor's Report 4. City Clerk's Report 5. Finance Director's Report 6. Planning & Zoning's ~eport a. Memo - Borough Ordinance relating to zoning. 7. Borough Assemblymen's Report 8. Recreation Director's Report OLD 1. 2. 3. , . 3. 4. 5. 6. BUSINESS Recreation Director Police Chief Certification of Reasonable assurance Soldotna Outfall Public Notice # 17-12-71 - Kenai River Bridge Crossing. B.L.M. Location- Kenai Airport Funding' pre-requisite for E.P.A. TOyon Villa - Riverview Drive NEW BUSINESS 1. Request the Borough to provide ballots for unification Kenai and North Kenai. Special Use Permit - Peter Kiewit & Emergency Employment Act. Wince, Corthell and Assoc. Alaska Municipal 'League Meeting Sons PERSONS PRESENT NOT SCHEDULED TO BE HEARD' CITIZEN'S GRIEVANCES AND REQUESTS' 1. 2. 3. PAGE None None None 4 4 4-5 6 6' 6 - Approved - Approved - Approved MINU'~ES OF KENAI CITY COUNCIL REGULAR MEET lNG SEPTEMBER 1, 1971 9'30 P.M. KENAI LIBRARY ROLL CALL' Members present - Robert Bielefeld~, James Doyle, James Iqornaday, Hugh Malone~, Tru l'4cGrady and Mayor John Steinbeck. * In late Members absent - Robert Norene D· D-1 D-2 D-4 The Mayor apologized for the late start 'of the Council Meeting. The Council and their wives a dinner honoring Senator Gravel. attended With consent of Council, the following were added to the Agenda: B-1 - Hugh Malone - Sno Shoe Gun Club; D-5 - Letter from Anderegg to Robert Pavitt, Director Division of Planning and Research; F-6 - Funding pre- requisite for E.P-.A.; F-? - Toyon Villa 'Riverview Drive; G-4- Wince Corthell and Assoc.; G-5-Alaska Municipal League Meeting. CORRESPONDENCE Correspondence was read at this time pending arrival of Malone and Bielefeld. L.E. Haines, Provost-University of Alaska The University is very much in support of the crossing of the Kenai River and have sent letters to Admiral- Palmer, Division of Operations and Commander Garrett of the United States Coast Guard. .. Daniel L. Osborne - Sierra Club Mr. Osborne of the Fairbanks Group of the Sierra Club wrote concerning the Soldotna Sewer Outfall. He has mixed feelings concerning this. Robert B. , Weeden, President .... Alaska Conservation Society Mr. Weeden wrote the~ Onservation Society is. vitally interested in maintaining the scenic beauty, water quality and biologic productivety of the Kenai River at as high a level as possible. Ronald G. Hansen-Dept. of Environmental Conservation Mr. Hansen enclosed a copy of the public notic.e regarding the City of Soldotna's planned construction of an outfall sewer into Kenai River. The public is invited to submit objections or comments regarding the certification. MINUTES OF KENAI CITY COUNCIL MEET lNG OF SEPTEMBER 1, D -'Correspondence continued. 1971' Pa~e two D - 5 B~ B - 1 C· E - 1 (a) Letter from James A. Anderegg to Robert Pavitt, Director Division of Planning and ResearCh. ' Mr. Anderegg sent a copy of the Interim Regional Water Quality Management Plan for Kenai Metropolitan Area in Kenai Peninsula Borough, Alaska 'for certification and forwarding on to the Environmental Protection Agency in Seattle for their review and approval. Bielefeld and Malone in now. PERSONS PRESENT SCHEDULED TO BE HEARD .Hugh Malone - Sno Shoe Gun Club Mr. Malone asked several members of the Sno Shoe Gun Club to attend the Council Meeting to show there was much interest in this facility. There has been much misunderstanding and a lack of communication between the Gun Club and the Administration. The race track was-constructed with many hours of volunteer labor, equipment etc. · The Gun Club was under the impression the Rifle Range facility could only be put out on bids. The bids for the Rifle-'Range Road are to be let September 15, 1971. The Administration would like to hear from the Gun Club to see if they are willing to donate labor. The equipment is there and the dollars would stretch further with volunteer labor. ' The City Manager stated the first time he saw the plat was last week when Mr. Morin brought one in for him to review but he further stated the City does not have one. Mr. Collins stated he would have one in the office by Friday morning. MINUTES , , ~ 1. The Minutes of Regular Meeting of' August 18, were approved as presented. 1971, REPORTS City Manager's Report Things to,~do lis.t. 8/.,,.1~8/71 The City Manager reported 2 items accomplished and 4 in progress. ~4INU~*ES OF KENAI CITY COUNCIL MEET lNG OF SEPTEMBER 1, E-1 -City Manager's Report continued. 1971 Page three E - 1 (b). (¢) E - 2 E - 3 E - 4 E - 6 (a) Discussion of the K.enai Sewer Treatment Plant and Soldotna Treatment Plant. Kenai has initiated a compromise that would require the Soldotna and the Kenai Treatment Plants to have sand filters between the sewage plant and the outfall. The State has offered to pay 25% of the cost if Kenai will take water above the Soldotna Outfall. The State will deed some land and give the City right of entry. It was the concensus of the Council to continue the lawsuit until the City has received these committments from the State. Homer Electric Association H.E.A. has officially taken over the electric distrib- ution system this morning, September 1, 1971. The City has received a telegram from John Stern, Chairman of Alaska Public Utilities Commission. They have granted a temporary exemption for Homer Electric Association to operate the electric utility properties of City of Kenai effective September 1, 1971. ~C_ity~ Attorney's Report No report Mayor's Report No report City Clerk's Report No report Planning & Zoning's~ Report Memo - Borough Ordinance relating to zoning The. Administration is to communicate with the Planning & Zoning Commission and have a report to Council. MINUTES OF KgNAI CITY COUNCIL MEETING OF SEPTEMBER 1, 1971 Page four E - 7 E - 5 Borough Assemblymen's Rep..ort Hugh Malone reported on the Special Assembly Meeting of August 24, 1971 on apportionment. The committee for apportionment consisted of; Don Bailey, Byrl Getman, Hugh Malone, Bryce Noah, Charles Rainwater and William Vincent. The committee recommended a weighted vote, based on 1 vote per 250 population. The assembly approved the committees recommendation but the Chairman vetoed the action. The Chairman recommended 1 vote per 110 persons population which would provide more accuracy. This was passed unanimously. Hornaday personally commends Mr. re-apportionment. Malone on his efforts on Finance Director's Report Mr. Burt attended an I.B.M. executive school in San Jose, Calif. the week of August 23, 1971. The school was held for local government officials for cities under 50,000 population. Sixteen states were represented by City Managers, F-inance Directors, Mayors, Planners, Assessors and Comm-issioners. The class was well attended and participation by classs members was mandatory. A great deal of -i nfo rma t -i on was gained and the "hands-on" operation of the computer was of particular benef-it. In talkin to those people ~ho already had Model installed the down time is zero for these part-icular people. Only one problem was caused by the operator ~hen a bobby pin fell in the storage area. Ray Burt (under the City Manager's name) placed No. 1 Cash wise, No. 2 - overall assetts and No. 2 overall. Mr. Burt will have the Financial Statement by the 15th. Recreation Director's Report Chris Adams reported that as of now the Labor Day Activities, in conjunction with the Chamber of Commerce are' as follows' A motorcycle race Sunday (an unscheduled event). On Monday at 11'00 A.M. time trials will be held at the race track. At 12'15 t'he races will begin. There ~ill be four races, an open race, a trophy race, an ^ustrialian pursuit, and the main event. MINUTES OF KENAI CITY COUNCIL MEETING OF SEPTEMBER 1, E-8 - Recreations Director's Report continued. 1971 Page five F· F - 1 F - 2 Bob Nestel of Oberts Insurance is working very closely with the drivers, pit crew and officials. There will at a $1.00 admission to pay the purse. They will run the race under the rules of the Kenai Peninsula Racing Assoc. for the one day only. At 3'00 P.M. there will be a steeplechase starting at the Kenai Central High School and ending at the Municipal Park. There will be a greased pole race, a saWdust scrambel, a bar.beque at 5'00 P.M., awards presentation at 6'00 or 6'30 P.M. and a 'bonfire will conclude the activities. The plans for the hockey rink should ~e in this week. OLD.' BUS INESS , Recreation Director , , The City has received Alaska Municipal League's Bulletin 71-56 regarding Emergency Employment Act. This act would pay up to 90% of persons salaries on individuals not budgeted for. Th-is could be utilized in the recreation, pol-ice and fire departments. Mr. Glotfelty recommended Chris Adams be hired as Recreation Director. Doyle moved and McGrady seconded to accept the City Manager's recommendation and hire Chris Adams as Recreati.on Director. Unanimous consent was asked and granted. Police Chief Ch'ief Heffner will be leav-ing for Austrialia in the near future and the Gity will need to acquire a new police chief. Mr. Heffner recommends hiring (;on La~rence. Barry Pegram is another candidate. The City Manager · recommends that in the event the Police Ch-ief leaves and' the need to acquire a new Police Ghief, the hiring of Mr. Lawrence. Doyle moved to accept the City Manager's recommendation with the stipulation the new police chief will not receive the same wages as the current chief. The motion died for lack of a second. It was recommended for the City Manager to get their employments records and study them and get interviews. There were no objection and was so ordered. ~INUT~S OF KENAI CITY COUNCIL MEETING OF ~SF, PTEMBER 1, 1971 Page six F - 3 Certification of Reasonable Assurance - Soldotna Outfall The' Councilmen all received copies of this earlier in F - 4 F - 5 F - 6 F - ? the week. Public Notice 17-12-71 - Kenai River Bridge Crossing United States Coast Guard's Public Notice 17- 2- 71 contained incorrect navigational clearance information. Public Notice Number 17-12-71 corrects this and solicits for protest or comments on this through 24 September 1971. B.L.M. Location- Kenai Airp0~.t F.A.A. stated that if the other side of the runway was developed it would do away with the future float plane basin. The Administration recommends the North end on the runway on the East side of the runway as indicated on the map. Hornaday moved and McGrady seconded to approve the plan as submitted pending the approval of the Kenai Planning and Zoning Commission. Unanimous consent was asked and granted. Funding. pre-requisite for F,.P.A. Malone moved and Bielefeld seconded to adopt Resolution 71-36 - A Resolution whereas the City of Kenai intends, upon completion of the Sewage Treatment Plant, to review · their sewer service charges and to adOpt an ordinance giving a rate schedule which will provide for the costs of the treatment plant. The' motion carried unanimously. To¥on Villa - Riverview Drive. Robinson C~nstruction Co. requested partial payment on the Toyon Villa and Riverview Drive. contracts. 75% of Toyon Villa contract or $3,193.50 and 90% of Riverview Drive constract or $3,568. Coyle moved and Hornaday seconded to approve the payment with the stipulation the City Manager should inspect the projects and give approval. The motion carried unanimously by roll call vote. ~INU~ES OF KF. NAI CITY COUNCIL MEETING OF SEPTEMBER 1, 1971 Page seven G - 1 G - 2 G - 3 G - 4 G - 5 NEW BUSINESS Re.quest the Borough. to provide ballots·f°r unific.ation- Kena'i 'and "Nc;'rth Kena± The people from North Kenai are going to submit a pet-it'ion to the Borough requesting them to provide ballots for the unification of Kenai and North Kenai. Bielefeld moved and Doyle seconded fo'~the C-ity of Kenai to request the Borough to prov-ide ballots for the un-i£-ic- ation of Kenai and North Kena-i. The motion carried unan-irnously by roll call vote. Special Use Permit - Peter Kiewit &. Sons _ The Peter Kiewit Construction Co. would like to lease a piece of land on the South end of the old runway for the period of construction on the Urban Section, to use for a construction office and equipment repair. They will pay the usual lease and leave the area in as good or better condition. This has the approval of Kenai Planning & Zoning Commission. Bielefeld moved and McGrady seconded to approve the lease to Peter Kiewit & Sons. The motion carried unanimously by roll call vote. Emergency Employment Act. Taken up under Agenda Item F - 1 Wince, Corthell and Assoc. The City Manager would like to have the authority to hire Wince, Corthell and Assoc. as the engineers for the interceptor lines WPCA Alaska #35. Malone moved and Bielefeld seconded to give the City Manager the aut.hority to hire Wince, Corthell and Assoc. for the interceptor lines. WPCA Alaska #35. The motion carried unanimously by roll call vote. Alaska Municipal League~_Meeting The Alaska Municipal League will hold theS:r next meeting in Ketchikan October 27-29. The City Manager urges the members of the Council to attend. The Mayor will be in Seattle Tuesday to sign the $1,000,000 Bonds. MEETING ADJOURNED 12'25 A.M. R_es~~tfully sub. d, ~'~haron Sterling, Acting C~.'~y Clerl E - 6 (a) G - 1 THINGS TO DO LIST 9/1/71 Letter to Kenai Planning & Zoning regarding their memorandum of 8/27/71. Letter to Borough Requesting ballots for unification Kenai and North Kenai. EXC]~RPT FROM THE K£NAI CITY COUNCIL MINUT]~S OF SgPTEMBER 1, 1971. £ - 1 Discussion on the Kenai Sewer Treatment Plant and -S°Id° t-na' "T"r'e'atmen t~ P 1 an t. Kenai has initiated a compromise that would require the Soldotna and the Kenai Treatment Plants to have sand filters between the sewage plant and the outfall. The State has offered to pay 25% of the cost if Kenai will take water above the Soldotna outfall. The State will deed some land and give the City right of entry. It was the concensus of the Council to continue the lawsuit until the City has received these committments from the State. OFFICE OF THE PROVOST UNIVERSITY OF ALASKA $OUThCENtRAL REGIONAL CENTER 2651 PROVIDENCE AVENUE ANCHORAGE, ALASKA 99504 23 August 1971 ~ TELERI~ONE 272-1424 Mr. Edwin H. Glotfelty City Manager City of Kenai Box 580 Kenai, Alaska 99611 Dear Mr. Glotfelty' Regarding your letter concerning the crossing of the Kenai River, I wish to assure you that the University is very much in support of this project. ' Mr. Drowley reviewed your concern at a recent meeting of the Advisory Committee and asked that the University officially follow through as you suggested. Dr. Moyer of the Planning Depart- ment for the University has agreed to work directly with the President in supporting this project with the organizations you mentioned. Enclosed are copies of letters which I am sending to these organizations also. LEH/k cc: Mr. D.D. Drowley Dr. D.C. Moyer Sincerely. yours, L.E. Haines .Provost PLEASE REPLY BY AIRMAIL ;)FFICE OF THE PROVOST UNIVERSITY' Of ALASKA $OUTHCENTRAL REGIONAL CENTER 2651 PROVIDENCE AVENUE ANCHORAGE, ALASKA 99504 23 August 1971 TELEPHONE 272-1 Admiral Palmer Division of Operations United States Coast Guard Washington, D.C. Dear Admiral' ' This letter is to indicate the strong support of the South- central Region of the University of Alaska for a crossing over the Kenai River. It is critical for us that the bridge be constructed to provide immediate access for students from-Kenai to attend the Kenai Peninsula Community College located in Section 36, just across the river from Soldotna. - - Prime consideration in locating the site for the college ~was our understanding that a crossing would be provided for ready access from Kenai. ., -~ i-'. Please let me know if more information from either the Kenai community College or the University of Alaska would be helpful to you in supporting the construction of this bridge. ~ Sincerely yours, L. E. Haines Provost PLEASE REPLY BY AIRMAIL OFFICE OF THE PROVOST . TELEPHONE 272.1424 UNIVERSITY Of ALASKA $OUTHCENTRAL REGIONAL CENTER 2651 PROVIDENCE AVENUE ANCHORAGE, ALASKA 99504 23 August 1971 United States Coast Guard Juneau, Alaska . Attn' Commander Garrett Sir- ' ' - This letter is to indicate the strong support of the Southcentral Region of the University of Alaska for a crossing over the Kenai River. It is critical for us that the bridge be constructed to provide immediate access for students from Kenai to attend the Kenai Peninsula Community College located in Section 36, just across the river from Soldotna. Prime consideration in locating the site for the college was our understanding that a crossing would be provided for ready access from Kenai. i .... please let me know if more information from either the Kenai Community College or the University of Alaska would be helpfu1 to you in supporting the construction of this bridge. . ,; ,: .... ,::.; · LEU/k Sincerely, · .,-L. E. Haines Provost PLEASE REPLY BY AIRMAIL. . i~.~'. ' x'~'..,tL 7,.- ' ~ .. ' ~]~ .~;~ ..... .¥;~.,.:x~ -:~. ~: ~ ,..~ :.. ~ .~, .u. ~ ~ ,.4,~:?& "~ by Ansel AdaIns in This Is the American farth SIERRA CLUB Fairbs~s Group ao:: 1776 Fairbanks, ~-~as,~a 9,°707 Mills Tower, San Francisco 94 ~o4 a0-8/7~ John F. ~-~o~' l, layor of The City of Sen~ City of Ken~ Box Ken~, ~'~aska Dear Sir: I do not imo~q if i fu~!7 understmnd your problem, but there is a problem m~.d it belongs to all A!asl-:~s. I ~' ~ ~ ~'' onou~h~ of two on~ngs ~.ahen I read your letter. One~ ho~¢ this could be solved ~d two, ~( ~d ~so more ~porm~-b for ~! ~askmns) how it could have been prevented. · h4s -0rob!em has one ~d on~r one cause~ ._ . - - zmol ~ed deve!on~ment U~t~ed development vi!l ~in ~i of ~aska in the near =uoure.~ ~ ~ c~be iea Feders~ ~~ ~ -- '~ , -oo~::oe ~l~ing board is ~om;~ed soon snou!d zone ~ ::~a~e a master plm~ for all of ~aska before ~Jf frezze is lifted in o~r ~ ~ s~a~e, it shoed have a balienced membership of developers~conse~ation~sts, engineers~ m~d ecologists. If you support t~is ldea you ~iI be on the ~.%r to solving nob onz~., ~,o~ ::Dr.- but ~ ' :'-.~. ~A~'~'c;,:'a' ..,~-Y~ .-= . -- ~~=o~,~ come 'bo c!~=n~ ra~q sewage ~to the Ken~ ~ver? A state wide plmm~g commission could have contro!ed Soldotna's de~a%opnent to include sawage orea0mm, o r~.e Kenai PenSmsula's developx~ent could have b~.~no= likewise c.on-bro!ed so it ~-~o'm!d have been that Kenai needed Kenai P~ver ;qater ~d Soldotna ~d Kenai needed a se~mge ~sposa! system. A so?ation to your problem with So!dormS is clouded because you are overlooking ~-~ o~ao it is rzgno for 2;ou to ,~,,~o points. One, you assume ~ -~ ~I ' ' ~ d~mo ~to Cook's ~!et becaus= no o,~e us=s it. ~.t it is ~o'~.~ ~i r-; ,..'i~t ~or So!do-bna to dum~o ~'bo ~:.,;~ l[enai 'lQive?, .b~:~c.~uase t'~e ~?'~=~ has uses for a ?.=o~mc ~.~aoer ~mucmng suppl~p~?sa'0mon, mud fisheries".~' ~'n ~wo o~. p~our '~asio~s you are %n~:o-~g. o .... yo~a%sposa! =,~te:u.~,~o l~u -~-oo--s'~a~ a joLut sewage ~spos~ of Ken~ and Soldotna ~to the Lulet. If cost ~e sh~ed that ~-mz~d be fair ~d cafe. a! for both citics~ but not for recreation or fisheries. ~ the ~et. Hay i suggest that s~c.e you no~-~ consider the ~oldotna plan for-seconda~; ~ = '- or~atmenv ins,~ffmut for your water I ask that. you consider for yourselves us~g a terrify treatm~t system for both cities. You cm~ s~en~z_~_~ d~k._ ~ tertiaz~ v.rea-oec, sewage. de ..... ~" of cra,..~a~.on _.. . Did ~ou urbe your state gove~en'b~ r-epsenti~es for a v~,~,,, strong ~d forcez~! Depa~ment of ~~roment~! ~_ask~,s need a .......... ~ ~a b.~, presavat~is-b Dep~'~ment of ~viromenta! Conservation. -',:- ,~uot, ed fro~,~ C±ty of Kenai :',Tews :; .... D~mie! L. Osborne Chairma.~. Fairbm~ks ~:~;9 Of "?~:-~*,,~ Sierra Club o ....,~,~,,.~ ~.. ~__, TO D~IITK~ NOT JUST Ti~ ,,~.,~.-",..,,~ II'~ H CiTY OF .... DIYS ITS CUP. Hon. John F. Steinbeck, Mayor City of Kenai P. O. Box 580 Kenai, Alaska 99611 Dear Mayor Steinbeck' This is to acknowledge wi th thanks your letter of August 17, 1971 relating to the current problems of use of water in the Kenai River. NewsPaper accounts of these problems, whose emphasis was on rivalry between the cities of Kenai and So ldotna, seemed to us to miss the major question' how to achieve the fullest possible use and enjoy- ment of the Kenai River by all concerned people. ~,.le appreciate the spirit in which you undertook to outline these issues. Our Society is vitally interested in' maintaining the scenic beauty, water quality, and biologic productivity of the Kenai River at as high a level as possible. We also recognize that some commercial or municipal uses of the river are desirable, and may be possible with- out serious degradation of the river itself. At this time we are not clear what the consequences of treated sewage discharge into the river (as proposed by the City of Soldotna) would be. ACS members are investigating this question now. I can say, however, that. we have long been disappointed at the failure of state administrati.ons to enforce laws which prohibit raw sewage discharge into waterways. Perhaps the current situation will, among other things, force a correction of that particular abuse of the Kenai River. Thank you for your invitation to work with the City of Kenai towards a beneficial solution of the problem. I hope other parties wit'h an important stake in Kenai River management are also interested in informed public discussion of this issue. ere y rs, Robert B. Weeden, Presiden~ -. Alaska Conservation Society xc' .Mayor, City of Soldotna Commissioner, Dept. Environmental Conservation President, Kenai Chapter, Alaska Conservation Society DEPT. OF ENV tONMENTAL CONSERVATIION August 27, 1971 ! / WILLIAM A. EC, AN, GOVERNOR / / / POUCH 0- JUNEAU 99801 The Honorable John Steinbeck, Mayor City of Kenai Kenai, .Alaska 99611 Dear Mayor Steinbeck' ~nclosed herewith for your information is a copy of a public notice regarding the City of Soldotna's planned construction of an outfall sewer into Kenai River. We are planning to publish this notice in the Anchorage and Soldotna area newspapers. The "date of publication" will be the date that it is published in those newspapers. Enclosure Sincerely yours,. -- ~" Ronald G. Hansen ~ Chief Water Quality Control Section STATE OF AIAqKA Department of Environmental Conservation PUBLIC NOTI CE Application has been received by the Department of Envirormmntal Conservation from the City of Sold~tna, P. O, Box 409, Soldotna, ^laska 99669, for a certi- fication of reasonable assurance, under provisions of 7 M~C 70.081 - 70.08[;, that the foll~ing proposed activity will not violate state Water Quality standards. The City of Soldotna proposes to construct and operate a secondary sewage treat- ment plant with effluent disinfection, and an outfall into the Kenai River at a .point 2,650 feet do~mstream from the Kenai River Bridge in Soldotna, Alaska. The treatment plant has been designed using criteria set by' the State of Alaska and the Environmental Protection ^gency. Daily treated effluent flow is estimated to be 250,000 gallons per day by 1975. The effluent will contain less than one part per million chlorine. The public in invited to submit objections or comments regarding the certification to the Comssioner, Departr~nt of Environmental Conservation, Pouch O, Juneau~ Alaska 99801. All comments must be received in Juneau no later than 10 days from the date of publication of t. his notice. · Max C; Brewer, Conmissioner Department of Environmental Conservation Date: MEMORANDUM State Alaska TO: ~'- Robert Pavitt, Director Division of Planning and Research Office of the Governor DATE Angus t 31, 19 71 -' FROM: JRmes A. Anderegg SUBJECT, '(Interim) Regional Plan for Assistant' to the Comissioner Kenai Metropolitan Area Department of Environmental Conservation Please find attached a copy of the Interi~ '~egional Water QUality Manage- ment Plan for Kenai B'~tropolitan Area in Kenai Peninsula Borough, Alaska. This regional plan is in the form of an addendum to a previous submission, which submission consists of reports by Kenai Peninsula Borough on compre- hensive planning program, a report by Kenai Peninsula Borough prepared by Tryck, Nyman & Hayes, Consulting Engineers on comprehensive water and sewer- age study, and a report for City of Soldo-tna by Adams, Corthell, -Lee, Wince ~. Associates on water supply and s~ver system for City of Soldotna. In addition to those basic reports and the text for this addendum, enclosed -herewith are two maps which constitute an integral part of this addendum. This mmterial added to the basic submission of the report to Bnvironmental Protection Agency in effect constitutes those deficient items in the original submission. This Department concurs in this Interim Regional Water Quality Management Plan for the Kenai Metropolitan Area reported on the attached plan prepared by Kenai Peninsula Borough as the North Kenai-Kenai-Soldotna Area. As your office has been designated by the Governor as the certifying agency for all regional (metropolitan) plans, please certify and forward the attached copy of the subject plan to the Environmental Protection Agency in Seattle for their review and approval. Enclosures cc: Dr. O. g. Dickason, EPA ~ Mr. Cecil Ouellette, EPA, Seattle Mr. E~ Glotfelty, Kenai City ManagerX/-_ Mr. Odin Strandberg, Soldotna City Engineer Ralph Darbyshire, Kenai Peninsula Borough THINGS TO DO LIST 8/18/71 E 10 13 Moose Range Headquarters Excerpt from Minutes to Borough Assembly,Borough Planning & Zoning, Borough Administration, State Legislatures and Mr. Keith Specking. B.L.M. Lease Resolution 71-33 to Assemblymen Borough School Board Members and Publish 3 year Street Improvement Program. Letter to Bush Lane petitioners. In progress Done In progress Done In progress In progress TO' FROM: SUBJECT: DATE: TIlE ttONORABLE MAYOR AND CITY COUNCILMEN EDWIN H. GLOTFELTY, CITY b~NAGER SOLDOTNA SEI~AGE OUTFALL AND THE CAPITAL CAPITAL IblPROVEMENTS TO THE CITY OF KENAI AUGUST 30, 1971 Thursday and Friday of last week, I met with the Department of Environmental Conservation in the Governor's office con- cerning the law suit which the City has initiated against the State of Alaska and the City of Soldotna. The following is an outline of the compromise and the improvements that I feel can be accomplished if the City Administration is authorized to take an aggressive atti.tude and commit the City of Kenai to going ahead on the Capital Improvements that have been proposed: 1. That the State of Alaska and the Environmental Pro- tection Agency has agreed to require the City of $oldotna to include in their project a building that will house a sand filter complex which will treat the effluent before it is deposited through the outfall in the River. This same facility will be required on the City of Kenai's sewage treatment facility. This facility will essentially bring the effluent of both outfalls up to the quality of tertiary treatment. 2. That the State of Alaska will approve the plans of the Kenai's sewage treatment plant to include the sand filter for funding by the State of Alaska and the Environmental Protection Agency from a first anticipated figure of $700,000 to a new figure of $930,000. The breakdown is as follows' ~11,500 - SS Environmental percent Federal grant from the Protection Agency $232,500 - State grant from the Department of Environmental Conservation $186,000 - local funding by the City of Kenai. This makes a total project of $930,000. .The City of Kenai has already allocated $140,000 for this 'pro- ject. This would be an additional $46,000 to be obligated by the City of Kenai and we do have the monies available in our Capital Improvements program. 3. That the State of Alaska will approve the grant re- quest and the plans to be submitted to them and to the Environmental Protection Agency for the funding of our interceptor lines from the Mommsen-Bush Lane Page -2- · Subdivision from the East Kenai area to the airport area. The approximate amount of monies that it is going to take to build this project is $600,000. 55 percent of' this project ~ill be funded by the Environmental Protection Agency of the Federal Government. The State 'does not have their 25 per- cent available for' allocation but they would approve the project on the contingency, that if the City of Kenai did pre-finance the State's portion that when the monies were available that the City of Kenai would be reimbursed 25 percent of this project bu the Starve of Alaska. This would mean that the project would be under way this coming spring and would essentially complete our total commitment to the citizens of the City' under the Capital Improvements. program for the extension of the sewer system. The Environmental Conservation Department will make a commitment to the City of Kenai that they will fund 25 percent of the total cost of the Industrial and domestic water line to the Petro-chemical industries and out the North Road if the line is run above the population area in Soldotna. They have also agreed that they will deed an area of ground large enough for the building of the intake and water purification plant and also grant a right-of-way to the City of Kenai along the highway right-of-way to the sites of the Petro-chemical complex. We 'feel that this 25 percent funding would take care of the added costs of extending the line from the Eagle Rock area to above the City of Soldotna. The Department of Natural Resources has also indicated that they would grant the City of Kenai a new permit to take water from the river at a location above Soldotna in exchange for our pre- sent permit. S ~ All these commitments are contingent on the City. of Kenai working closely with the State of ^laska and · the ¢~.'t7 of Soldotna to get these complete Capital Improvements programs under way and also that the City of Kenai would terminate their la~ suit against The City of Soldotna and the State of ^laska concern- ing the outfall of the Soldotna Sewage Treatment plant. It is my recommendations that we proceed to accomplish the points outlined in this memorandum and if the commitments are forthcoming from the State of ^laska and the.En¥ironmental Protection Agency, that this law suit be terminated by the City of Kenai and that we proceed with our Capital Improvements and development programs as has been outlined. Sincerely yours, Edwin [t. Glotfelty Ci t~y blanager · L~J , ...'y..' - CD CQ SUPPLE,XIENT TO AGREEMENT FOR TIlE OPERATION OF ELECTRIC UTILITY OF TIlE CITY OF KENAI, STATE OF ALASKA KNOW ALL MEN BY TIIESE PRESENTS, TIIAT WltEREAS, the City of Ke'nai, State of Alaska, (hereinafter called "City"), and ttomer Electric Association, Inc., (hereinafter called "ILEA"), entered into an agreement on the 10th 'day of August, 1971, under the terms and conditions of which agreenent IlEA shall operate and eventually acquire the municipal electric system of the City, and ¥?tIEREAS, saici agreement was duly and validly ratified by the electors of the City at a special election on the 3rd da)' of August, 1971, pursuant to Ordinance 199-71 of the City, and , WtIEREAS, it is deemed necessary for supplenent and clarify the intent of said rating the agreement, the City and t-lEA to further agreement pursuant to acti- NOi~', TIIE RE FO RE , City and I-IEA covenent and agree as follows' Subject to Chapter No. 115, Session Laws of Alaska, 1970, vesting jurisdiction over electrical rates within the City in the Alaska Public Utilities Commission, the City agrees to adopt or consent to electrical rates sufficient to cover debt service requirements of the various bond redemption funds, all expenses and a reasonable rate of return on HEA's investment in City facilities, subject to approval by the Alaska Public Utilities Commission. ~ Pursuant to subsection (3), paragraph (7), Ordinance No. 199-71, City of.Kenai, Alaska, the City agrees that the equal to the value of all personal property used in the System is $128, 348.8S, which sum the City agrees to accept on the effective date .of the agreement. sum City and }lEA agree that all property, real or personal, and all rights and property to. be conveyed, transferred, or assigned to ilEA shal. 1 be conveyed, transferred or assigned free and clear of all encumbrances. DATED: day of September, 1971. CITY OF KENAI Attes. t: · ~-(.~' ~,~.City C'l eYk ...... z-) //JOIIN F. STEINBECK, Mayor }tOblER ELECTRIC ASSOCIATION, INC.. Attest: By' P're's ident Secretary APPROVED: Adminis trator, ..~Ru'r-al .... ' Electrification Administration TO FROM DATE SUBJECT · Honorable Mayor and City Councilmen · James E. Fisher, Chairman, Planning & Zoning · August 27, 1971 · BOROUGH ORDINANCE RELATING TO ZONING By request of Planning & Zoning, I was asked to write to you asking what the Commission should do about the Borough Zoning Ordinance and Comprehensive Plan in view of the Councils action of August 18, 1971, where McGrady moved and Norene seconded the Kenai City Council support the concept for first class cities doing their own planning and zoning and support legislation to that effect, if needed, with appropriate funding from the State to accom- plish that purpose and further that the monies allocated to the Borough for the above purpose be allocated instead to the cities within the Borough. Please advise._ so that the Commission may be ',~. in total coordination wit~ the Council. Thank you. J-9~es. E. Ffsher, Chairman " Kenam Planning & Zoning-Commission TO · Edwin H.. Glotfelty, City Manager FROM " Raymond D. Burt, Finance Director DATE · September 1, 1971 SUBJECT · REPORT, SYSTEM 3, IBM CLASS, .SAN JOSE, CALIF. During the week of August 23 to 28, I attended a class sponsored by IBM at their training center in San Jose. The course was directed at local government officials in cities under 50,000 and covered such diverse fields as Finance, Land Use Planning, Law Enforcement and Public Works. The course was well attended. the areas represented were- Geographically, Texas 2 Illinois 2 Oklahoma 1 Washington 5 Ohio 2 Colorado ~ California 6 Arizona 2 Idaho 1 Wisc. onsin 2 Missouri 1 Indiana '- 1 Alabama 1 No. Carolina 1 Iowa'~ 1 Alaska 2 employment The fields 'of interest and were as follows' breakdown of 1 1 1 12 12 2 2 Mayor Assessor (elected) County Auditor (elected) City Managers Finance (or related) Planners Commissioners (elected) This course is given only twice a year. Once for cities under 50,000 in population and once for cities over 50,000. The content is geared to the needs and demands of the participants. Classes start at 9'00 A.M. and were usually completed by 5'30 or 6'00 each day. Inter-charge of ideas, concepts and methods were encouraged. The classes lasted from Monday through Friday. Course content and a brief description of the areas covered is as follows' Relating. ADP (Computers) to local government Everyone involved had some knowledge of the application of computer concepts to the financial or accounting area. However, this portion of the course had to do with the relating computers to such items as Land Use Planning, "Modeling~' and the Law Enforcement areas. In otherwords, using the computer as a research device rather than an accumulator. C omPu_t_er Concepts This related the cost of a computer as compared to the output demanded. The full range for computers was examined starting with the smallest, which would be the System 3, Model 6 going up to the IBM 705, which is not the biggest, but the biggest available without going to a custom unit. RPG .... ~ReP0rt~ Gene~at. or La.n.g~.age The total class was expected to' learn the language in order to operate the little System 3 and to actually work out several p~ograms to do certain specific things. The programs were written by the members of the class,.key punched by a secretary, supplied by IBM and ran on a System 3., Model 10 CompUter. The class had to de-bug and straighten out their own programs ~o- that they would work. · Tue_s.da.y .Lab Rev. ie_w..~.' RPG When the class first walked into the classroom, a problem was handed to them and they had to individually solve the problem, write the program, de- bug it and come back with a finished product. At~[xiliary Storage The RPG section was expanded to go into such modular devices as tape drives and large disc drives for storage of data, on line. After the explanation and working a fe:~..~ ~-~roblems on paper, the class then had to write a program which would utilize these capabilities. Management Decision Lab The classes broke up into 11 units of 3 each to compete on a simulated problem in management decisions. Each group was supplied with information relative to a given market such as price, how much was being spent overall for marketing and for research effort. From this data, they were to supply decisions for their own company relative to selling price, how much each individual would put in-for marketing, research and production within the cash limits of their own particular organization. This program continued every two hours until the close of t~is session on Friday. The group, which represented Kenai, came in Number 2 overall in total assets. Control Program/Application Customizer This problem, involved the use of a s~ecial - program offered by IBM to make programming the System 3 easier. Problems that were supplied demonstrated the labor saving that could be obtained by the use of special internal arrangements and the programming features. Data Base/Data Communications This session of the course had to do with the accumulation of data and how to manipulate it. Data base referring to the mass of data that is available and the selection of tha.t p.arti~cular portion of the data, which is most usuable. Data Communications had to do with the utilization of telephone transmission lines for the aocumulation of data on a county wide or state wide base. ..W. ednesday~ Indust~ry .... Over.vie? men two pro wit sen ben doe city of the lower 48 has. Mr. Bill Binch, the National Local Govern- t Representative from Bethesda, Maryland, conducted a hour seminar on the applications and approaches to blem solving of all cities that he has had contact h throughout the United States. The analysis pre- ted was extremely ~nteresting and probably of great cf it to everyone else, however, the City of Kenai s not have the problems that the well established Utilities the capabi report s fr c lass memb sumpt ion r was genera analys is o accounts r interested This i lity of th om a very ers keyed eadings fr t ed genera f consumption, eceivable and i~. s a demonstration program showing e System 3, Model 6, in generating little imput into the system. The in various account numbers and con- om supplied meter books. From this 1 ledgers, bills for the customers, analysis of cash, analysis of most other reports that we are Plant Tour A tour was made of the San Jose Plant, which manufacturers all of the disc storage devices and tape drives for all of the IBM Equipment throughout the world. The methods and the care used was an extremely interesting facet of the operation to the normal laymen. Land Use Modeling The of San Jose participated with IBM in Santa Clara as a data base to try to the possible use of land in the next years, the next 20 years. They were such questions as; What. is the best How shall the zoning be? Where are County of santa Clara and the City the utilization of forecast or project year, the next 5 trying to answer use for the land? the growth areas? Where are problems a of San Jos t he servic be used ? one would the projected growth areas? What kind of re they getting into by annexing to the City e? What happens to the tax basis compared to es demanded? How shall the W/S Systems best There were so many variables that changing have a profound effect on the total model, Public' Works This section Of the course demonstrated the use of a computer in the control of time and cost of the construction of public- works projects. There was no hands on operation. This was a demonstration plus lecture. Class Speaker Mr. Charles Trigg, out of Bethesda, Maryland, was the speaker relating to the laymens approach on the application of computers to local government problems. Mr. Trigg is a former State Controller/Controller General from one of the Eastern states. He has spent a lifetime working in state and local government. He now is a consultant to IBM criticizing their efforts in the. application of computers to local and state government problems. He talked of the limitations of computers and the pitfalls to avoid. Thursday Mr. Trigg then lead the class through the utilization of computers on a budget and accounting system, personnel and payroll systems and real and personal property tax system. The announcement was made of a program which is identical to the program we have been working on since the decision was made to go into a computer, all except the real and personal property. Mr. Trigg was quite impressive because his no-nonsense attitude toward the technicians attitude of complexi.ty for complexities sake. Cri'minal 'Just ice A demonstration was held and research was presented on what small and medium size cities were doing relative to a criminal investigation network. This demonstration and lecture were directed at the inter- face of the federal, stat.e and local information networks in trying to bring all this data into one spot and making it available to all agencies. ~rida~y_,~ Planning £or~ ADP This presented a realistic approach to the problems inherent in the planning and installing a com- puter system. We were most fortunate in having several people (11) who already have Systems 3 installed. Their experience and their problems were most helpful to the other people in the class. This was a very realistic approach to bringing out problems that are normally not thought of. Round Table Discussion This was a two hour session g~ing back over and re-hashing all of the areas we had discussed and evaluating each other, the school and the instructors. Conclusion The class, which was given by IBM, was well attended and participation by class members was mandatory. A great deal of information was gained, not only from the class, but from the association with the participants which represented a very broad range of government and particularly a very high level of achievement within their chosen profession' Hands on operation of the computer was of particular benefit. In talking to those 11 people who already had Model 3's installed, anywhere from 3 to 18 months, I find that the down time is zero for these particular people. The only person who had a problem was operator cause (a bobby pin in the storage area). Raymond D. Burt Finance Director RDB/db ALASKA MUNICIPAL L A UE 210 ADMIRAL WAY JUNEAU ALASKA 99801 August 27, 1971 BUI~ET:I'.N NO. 71-56 TO: ALL LEAGUE MEI,~E~ RE': EtIERGENCY ~PLOY~NT ACT SupplementinE our bulletin no. 71-54 on this same subject. ~e have received calls from several officials asking how-much money they should request under ~he program. While discussing this with Commissioner Benson, it was decided ~ha~ each municipali~y-should prepare an "ideal" version of what_ they want. Obviously, all the money will not be forthcoming. But later, when the State approaches the U. S. Department of Labor for further appropriation, they will be able to point to a continuing high rate of unemployment and a slate of Jobs that could be created if additional funds were made available. It is ou£ suggestion that you aim high in your proposals. You should also. assign priori~ies to those positions that you want first so that they will be funded in the o~der you desire. All this will giv~ Benson ammuniti~ that will 'hopefully mean more money for Alaskan municipalities.. Executive Director DEPARTMENT OF TRANSPORTATION UNITED STATES *COAST GUARD Address reply to: COMMANDER Seventeenth Coast Guard District P.O. Box 3-5000 Juneau, Alaska 99801 Tele: 907-586-7367 · 3260 24 August 1971 PUBLIC NOTICE NUMBER 17-12-71 , , , Subject: Proposed bridge across the Kenai River, near Kenai, Alaska. All interested parties are notified that Commander, Seven- teenth Coast Guard District Public Notice No. 17-2-71, which solicited comment on the Alaska Department of Highways permit application for the proposed Kenai River Bridge, contained incorrect navigation clear- ance information due to an error by this office. Referring to Public Notice No. 17-2-71, please amend the paragraph entitled "Character of Work" to read as follows: "Construct a fixed highway bridge to provide better access to that portion of the City of Kenai lying south of the river. The pro- posed bridge will provide:" Horizontal Clearance - normal to the channel = 180 feet Vertical Clearances - above extreme high water occuring about every 20 years = above mean higher high water= above mean high Water = 9 feet 14.4 feet 15.2 feet Protests or comments concerning the navigational clearances to ~e provided by the proposed bridge should be submitted in writing to Commander, Seventeenth Coast Guard District, FPO Seattle, Washington, 98771, and will be received through 24 September 1971. It is requested that this information be brought to the attention of any persons known by you to be interested in the proposed construction and who may not have rece_~~d a copy of this notice. R~a~"Admiral, U. S. Coast Guard Commandeer, Seventeenth Coast Guard District Encl: (1) Location and Plan Drawings .,. MILt TAIqY RESERVATIOIq - - I - .... · MIL. RES . ' O MI LES I ii FAtOM t./$G, - gENA/- PROPOSED BRIDGE OVER /(ENd/ RIVER NEAR /(E/VA/ STATE ALASKA n y A L A $/(A OEPA/? TME'NT APPUCATIO N ,., OF HIGHWAY,; SHEET/OF,~ I~TE/2-2- ?0 MILES OUT TO OUT OF BACKWALLI BEGIN ELEV. OF LOW STEEL IN I~VIGATION SI:tN 24~0 ! FEET  TVOAL FLOW ' MIR., I [JI)IIIDiE gTA45*6525 BEGIN BRIDGE STA. 3g*84.79 - HOR CL. "1 = ro/~m/.o/, #~" "~_ _ _ _ ' . _ . . $9- So · ~ . I00 C~ ZOO 4O0 ~,.,,,-I,., ~ i FEET T~BLE OF WATER LEVEL ELEVATIONS WATER LEVEL ELEVATION Extreme High. Water I$. 0 (above MSL) Mean HIgherH.W... 9.6 Normal High Water .... 8. 8. EMimofed Low Winter "II, 0 NOTE' WoMr e/evot/'on$ shown ore hosed on Meon Sea ~eve~ E'lev. O. 0 PROPOSED BRIDGE 'OVER I(E'N,41 R/¥ER NE~ R .K£/V,4/ STATE ~L ~ SK~ OEP~ RI'M£NT ~PPLlC~TION BY OFHIGHW~Y$ SHEET 3__ OF2_...DATE ,/2~'' 2- 70 Revi~d 8-20-71 ! / / / / / / / 0 · · · ~ i! ssI lllllI ! I s ! · I1 · /. - il! / ' .. ,. / ! ! ! ii I I I I I ! ! ! ! i! / / / / . I , I ',,,,_/ -..,~ ) / I ! i I I I / I / ! / / / t I / / / / / / RESOLUTION 71- 36 A RESOLUTION WHEREAS THE CITY OF KENAI INTENDS, UPON COMPLETION OF THE SEWAGE TREATVENT PLANT, TO REVIEW THEIR SEWER SERVICE CHARGES AND TO ADOPT AN ORDINANCE GIVING A RATE SCHEDULE WHICH WILL PROVIDE FOR THE COSTS OF THE TREATMENT PLANT. WHEREAS, the Environmental Protection Agency needs a resolution for the City of Kenai to review their sewer service charges, and; WHEREAS, the City of Kenai will review their sewer service charges and adopt an ordinance giving a rate schedule which will provide for the costs of the treatment plant, and; WHEREAS, this action would be taken within a reasonable time the construction of the sewage treatment plant is complete; after NOW, THEREFORE, BE IT RESOLVED that the CITY COUNCIL of the City of Kenai, Alaska, intends, upon completion of the sewage treatment plant, to review their sewer service charges and to adopt an ordinance giving a. rate schedule which will provide for the costs of the treatment plant; and, that this action would be taken wi thin a reasonable time after construction of the Sewage Treatment Plant is complete. PASSED this day of September, 19 71. ....:~JOHN F ."' STE I'NBEC'K, MAYOR ATTEST- Sha~n'-Sterling, Ad'ting Ci~ff ~ler~ 0 .r--i ee SPECIAL USE PERMIT (No t: to'~~~S-'"~'d' ..... 'f'6-~ .... -a'~.-i~e"ri od o f ~time in excess of one year) ?h~ CITY OF KENAI for the considerations and pursuant to the conditions and requirements set forth below hereby .grants to: Authorized representative :__E__, ..... L_...__.K~ul_~=i~_~,_ ...................... hereinafter, sometimes refered .to as the. PERMITTEE(S) the right to use a i,~ Term: This special use permit shall commence on Se__e~~._!~_..~,?..~7~ and shall extend to. and' through August 31, 1972 ................................... 2o PE?d~IT FEES':- The PERMITTEE(S), prior to the exercise of any priwilege-~granted pursuant to this permit, shall pay for the use or privilege specified herein a fee as indicated .below: · a, A total, fee of $1600.0'0 use of privilege specified herein. in full payment for the b. A total fee.of $1600.00 payable in 12 installments .'commencing on the~'f~i~r-s-~ ..... -C~-~-~"6~f~~% term here~'~'~' 'the amount of $ 133.33 and additional subsequent installments in the amount of $ 133.33 ................. payable ._._.o..n..~:~.~ ...... f_.i._..r_..s~.~._~a.¥ of each month. c. A fee comPuted at the. rate of d~ In addition to the foregoing payments, fees' and rents specified above, the PERMtTTEE agrees to pay to the City .............................. 3. RIGHT OF ENTRY: Entry and occupancy is authorized as of the ~.~~_.day o.f 'SeDtem.ber 1971 , and the'firs..~ payment shal. l~be computed from '~-{/~6'h-"~d'~'~'~'~ ....... w. .....' .......... , 4. PLACE AND TIME OF PAYMENTS: Ail payments, shall be mad~e on ,.or before th'e date. due to the City C1;erk, City Administration Building, .Xenai~, A!aska.~ or by mailing to the. following 'address: City of Kenai~ Box 580~ Kenai~ 'Alaska. 5,..., USE':~ The use by the PERMITTEE(S) of the premises desc. ribed above is limited to the purposes specified herein and. is not intended to gran'c an exclusive us~ to the described premises unless othe,.rwise ?rovided above, This use is also subject to the reasonable administrative a. ctions of the City of Kenai for the protection and maintenance of the ipremiSes and of adjacent and contiguous lands or facilities, 60 FOREBEARANCE:.~ Failure to insist upon a strict compliance with the .terms,~4cond. iti,,ons~' and requirements herein contained.~ or referred to~ shall riot"constitute or be construed as.. a waiver or rel£nquishment of the right to~exercise such terms~ conditions or requirements° 7o REGULATIONS~ The exercise of the use granted herein is at all times to be subject, to the-requlations governing the Kenai Municipal "issued in 1964 Airport-titled ~Kenai Municipal Airport Regulations, o By signing this-permit~ the PERMITTEE acknowledges that he has received a copy' of said regulations and has familiarzied himself therewith and wil, l comply' with the'requirements' fo said regulationso 8o SOLICITATiiONS~ Solicitation of donations or the promotion or operation of any part or kind of' business ro commercial enterprize not c©ntemp'~at...:ad by'this-spec,iai use permit upon~ in or above airport lands Without the written-consent of the City~ is prohibited o 9o REMOVAL OF PROPERTY~ Any or all personal or real property placed or used upon lands or in facilities in violation of the precedZng prohibit,~ons, may-be-removed"and/or impounded by the City of Kenai~ and when so removed"'and/or impounded, such property may be redeemed by the owner thereof only upon the payment to. the City of the costs of removal plus storage charges of $1o00 per day° CITY OF KENAI BY~ , PERMITTEE BY: Approved~. by· the· City Council Mayor. ALASKA MUNICIPAL LEAGUE 210 ADMIRAL WAY JUNEAU ALASKA 99801 AUGUST 23, 1971 BULLETIN NO. 71-52 TO: ALL LEAGUE HFi~E?~ KE: PROPOSED 1972 POLICY STAT~fENT Enclosed herewith are copies of the League's proposed 1972 Policy Statement as drafted by the Legislative Committee at its meeting in Palmer. We wish to stress that this is a proposed draft only for your review and suggestions. The final statement must be approved by the delegates at the Conference in Ketchikan, October 27-29, before it becomes the official policy statement of the League. Prior to its submission for this approval, the statement must undergo the following procedure: 1. Circulation to all League Members 60 days prior to the annual business meeting; 2. Further roview by the Legislative Conanittoo "in context with suggestions received from League members; '. .. _ 3. Review, debate, and revision by the. Conference State Policy Committee. The next meeting of 'the League Legislative Committee will be held in Ketchikan, October 25-27, immediately preceding the annual Conference. The League Board of Directors has decreed that any suggestions to be considered by the Legislative Com- mittee at that time must be submitted to the League office at least thirty days prior to the October 25 meeting. We-ask that you take particular note of this fact. If you have any corrections, additions or deletions to the proposed policy statement which you want considered by .the Legislative Conanittee, they must be submitted to the League office by September 25.' Otherwise your proposals should be presented to the Conference State Policy Committee on Thursday, October 28. ~ We earnestly solicit your c'~iticism-of and suggestions on the enclosed proposed policy 'statement:. We ask you to review.· -'.,'. carefully and assist us in making it a policy statement whiCh all ~League Membe::~ can support. DMZ/mm Don M. Berry Executive Director ALASKA ~CdNICIPAL LEAGUE PRELIMINARY POLICY STATEME~T - 19 72 Drafted By A~L LEGISLATIVE COI,~MITTEE August 4-6, 19 71 Palme r, Alaska Alaska Municipal League 210 Admiral Way Junmmu, Alaska PART I ~,~qOI~ICIPAL LEGISLATIVE PROGfA/<{ 1. !"iiunicip.a! H0using~__Authority- To support SB 145 or i::.B 120 authorizing first class cities and any boroughs to undertake by ordinance, powers and functions relating to housing and urban rehabilitation and development. 2. Local Aff~ir..s~ De.partme_nt - To support legislation establishing a local government department in the Executive Branch of the State government to include the Local Boundary Commission, and other agencies dealing predominantly with local government and to support adequate funding so that it may be able to perform the functions assigned to it. 3. MuMiPiPa!_~Cod..e. - To support passage of League-drafted municipal code. 4. Local Assessments - To support legislation authorizing and directing the State and any of ~its "agencies to pay local special assessments. 5. Motor Vehicle _R~eKistration - To support League-drafted legislation revising the motor vehicle registration statutes and requiring tk~e payment of the equivalent of the general property tax or use tax on motor vehicles at the time of the issuance of any motor vehicle registration certificate. .6. Vacation of .public Wa.ys - To support legislation which would allow appeals from platting board decisions to the governing body in substantially the same manner that planning commission decisions are now appealable. 7. Real_ Estate Con_veyan..c_e~ - To urge the passage of League-drafted legislation re- quiring that all transfers of real estate be covered by a real estate conveyance act, wherein the buyer and seller must disclose the full consideration paid for the property. 8. w~it~_pf~_A~ttacbmen~t_.- To support League-drafted legislation to permit municipali- ties to use a writ of attachment. 9. Municipal Bond Bank Authority- to support passage of t![B 402 creating a ~unicipal Bond Authority together with an adequate appropriation. 10. Revenue Anticipation Notes - To support League-drafted legislation creating statu't0r~-~auth°rit-y 'for mUniCipalities to issue R.evenue Anticipation. Motes. 11. .TaxatioBof_~:Cp0p~eratives - To support League-drafted legislation relating to local taxation of electric and telephone cooperatives. 12. M_u.,ni.cipa!_::ID~cpme .Tax - To support League--.drafteH ].eE1.~l.at~.on authorJ, zf.ng muni- cipalities to levy income tax. PART II ALASKA MUNICIPAL POLICY - STATE 1. Municipal-_State~Ins.urance Coverage - To request the Local Affairs Agency to investigate the methods and feasibility of either like or joint municipal and state insurance coverage of every nature for all municipalities in the state who wish to participate and to support authorizing legislation, if necessary. 2. .Joint. Municipal-State Purchase ,Sys. t.e..m,- To urge the Local Affairs Agency to investigate the methods and feasibility of a system whereby Alaska municipalities on an optional basis would advertise for bids and purchase equipment and supplies jointly with each other and the State of Alaska through the utilization of State facilities at such times as the State would make purchase of like equipment and supplies. 3. .Pub!i.c Employee .La_bor.~elat_io9.$- To urge the Seventh State Legislature to direct the Legislative Council to conduct a comprehensive study in the field of public employee labor relations and to prepare legislation if the results of the study indicate its necessity in Alaska. 4. Welfare P.aymen.,..tS- - To request the Legislature to appropriate sufficient monies and to require the Department of Health and Welfare to compensate hospitals and ambulances for state aid patients at the standard rates of the facility being used. 5. Hig!~way M.ai..n..tenanc~e- To support legislation funding maintenance of all state- owned roads within municipalities to the standards established by the municipalities for major arterials. 6. Shared Reyenue - To support legislation appropriating sufficient monies to fully fund annually the shared revenue programs. 7. Shared Revenue Amendment - To amend shared revenue formulas in a manner which would allow full credit for population served by facilities which are operated by a unit of government having, only a portion of that population within its boundaries where no other unit of local government is entitled to such funds. 8. States. Imposed Tax_ ExemptioJnP- To oppose any legislation which would grant local tax exemptions to certain groups without reimbursement by the State to local govern- ments for the amount of taxes exempted. 9. Revemue_~Sources - To seek provision for maximum freedom in the selection of revenue sources in legislation delegating tax power to general law cities, thereby broadening the revenue base for all municipalities. 10. ~ocal_Governm.e.,,..n..~ - To support legislation that would promote more effective and independent local government in all organized boroughs and cities, including opposition to any legislation tending to restrict local government powers, particu- larly including legislation restricting the exercise of Home Rule powers. 11. Transfer_of Pr_ograms from State to Local Government - To oppose legislation and State administrative policies in transferring responsibility for services and programs from the State to local government level unless the transfer includes necessary revenues or sources of revenue for financing. 12. T~_x. es_. in ..... .. Un or g ani ze d BOroughs. - To support and recommend policy that the State, in its capacity as governing body of unorganized borougf, s, levy and collect local taxes in the unorganized borough or portions thereof which are not being taxed by existing local government units, to finance local government functions being per- formed by the State. 13. .A._.!..coho!ism - To urge the State and its agencies to support and assist munici- palities in establishing state and local laws, policies, and programs to provide local community services for problems of alcoholism and drunkeness. 14. Highway Utility Permits - To urge that State highway permits be granted to accomodate wherever possible the location and construction of public utilities within rights of ways at the least inconvenience and cost to the public. 15. Transportation Systems - To urge and suppor~ State development of integrated transportation systems, including acquisition of additional vessels and facilities for the ferry system, early construction of major bridges and causeways, and develop- ment of all other needed links to provide Alaska's scattered population with a unified transportation network of road, rail, water and air services. 16. Capital !mprov_ementS_. p. rogra~ - to urge the State to develop a continuing five- year planning program for the construction of capital improvements and provide for public notification thereof. 17. Vocational Training- To recommend that the Legislature appropriate sufficient funds to enable the State to expand vocational training programs. 18. _Publi_c_Sa~ety - To support adequate police and fire training programs throughout the State. 19. ~E.,,m.p!oYment_ Sec..u...r. itY - To oppose all legislation the purpose of which would require political subdivisions to provide mandatory coverage under State Employment Security, but to support the present system of voluntary coverage. 20. ..home .Rule_ Legis!atipn- To support legislation enabling Home Rule cities outside organized boroughs to achieve combined borough/city powers and through the Boundary Commission encompass the economic base. 21. _Fis~h_e_r_iep- To urge immediate further state-aid and effort in fisher~es, mar- keting--and- the expanded harvest and protection of all types of sea products in Alaska. 22. Sta.te Payment of Court Cos_t.s - To support legislation providing for payment by the State of Alaska Of the-fUlI cost of operating the court system including payment of costs and jury fees now borne by the municipalities. 23. ?.~eg~lation of...Snow .Machines - To urge the Department of Public Safety to under- take a comprehensive study of the regulation of snow machines and all-terrain vehi- cles and to prepare legislation which will recognize the needs of urban areas, rural areas and operators of vehicles. 24. Dual MajoritY Voting - To support legislation requiring a majority vote of the total of all qualified voters residing in a city or cities within an organized borough and also a concurrent majority of the total of all such voters residing out- side such cities but within such borough before the borough may assume any areawide powe rs. 25. Transfer of_Tidel..a.n..ds - To support legislative change in current state statutes concerning transfer of state owned tidelands abutting municipal corporations. 26. Land._ Subdivisions - To oppose any legislation which would allow a division of lands: without approval of the local platting authority. 27, Civic_ center_ Appropr.i. atip~,n - To support legislation authorizing issuance of G. O. Bonds to implement the provision of Chapter 114, SLA 1971, pertaining to 6ivic and convention centers. 28. L~0cal Servi.c.e.. Roads Authorization - To support mandatory joint planning between the Department of Highways and local government in all rehabilitation, construction or maintenance of urban area highways directly connecting to municipal streets. 29. Public Utilities Commission- To support legislation to implement the intent of the Public Utilities C~mmi~ion law to eliminate duplication and competition. 30. Environmental Degradation Suits - To oppose passage of SB 55. ALASKA MUNICIPAL LEAGUE - FEDERAL 1. ._o.__.~..e~nogr_aphic Research - To urge immediate further federal aid and effort to help develop a sound and comprehensive oceanographic research and development program in Alaska, 2. Land Withdrawals - To support legislation prohibiting any federal agency within the Department of the Interior, Department of Agriculture, or Department of Defense from withdrawing from public domain any lands lying within the State for proprietary purposes; i.e., such as leases or rentals to private individuals of corporate enti- ties without prior concurrence of the State of Alaska, but excluding from such con- sent the Bureau of Land Management Disposal Program under the homesite, homestead, small tract or related acts concerning tracts of 160 acres or less. 3. Special _As__sessmentp: -To urge Congress to make necessary federal laws consenting to the assessment of all federally-owned property or property under deeds restrict- lng the conveyance or alienation except by the consent of the Secretary of the Interior for special improvement such as water,' sewers, and streets, which benefit the property, and with the consent of a majority of the residents of such an area making the area eligible for resubdivision and rehabilitation programs. 4. ~n_Lie. u. of Tax__payments - To urge Congress to adopt and inaugurate a complete system of payment in lieu of taxes to the states and local governments for tax- exempt federally-o~med property. 5. Small Boat Harbors - To urge the United States Corps of Engineers to liberalize their PreSent regulations governing the cost participation in constructing and expanding boat harbors in Alaska. 6. Fisheries- To urge (1) immediate further federal aid and effort in fisheries resea'rch' ~and-' marketing and the expanded harvest of all types of sea products in Alaska, and (2) expansion of the territorial limits of U. S..jurisdiction for fisheries purposes to the 200 mile or continential shelf limit, whichever is greater. 7. Electric Power...Developments - To urge Congress to give immediate consideration to ~sist-~ ~he 'State of Alaska in fully ~?~.-~.veloping its electric potential in the State either on State level or local level. 8. Highway~ Construction- To urge adoption by the United States Department of TranSportation of modified federal-aid highway construction standards to suit Alaska conditions. 9. Public Works Programs - To urge Congress to broaden criteria for participation in f~'deral orograms providing for matching funds or grants so that the entire State of Alaska m~y be aided by these programs and that any grants be on a bloc basis. · 10. Youth _Training.- To encourage Congress to broaden the Youth Opportunity Program, and to allocate additional funds to educate and train disadvantaged people and school dropouts in Alaska and request the Alaska Congressional Delegation to con- tinue efforts to obtain and enlarge programs which would have a tendency to keep our young people in Alaska. 11. _Alaska Highw~a.y' - To urge that Congress cooperate with Canada to pave the Alaska Highway immediately and to appropriate necessary money. 12. Surplus Propert~ - To urge Congress to pass legislation enabling all agencies of political subdivisions and of the State to receive surplus property for all public purposes on an equal basis with others, but with disposal at point of origin given first priority. 13. ~!~ative_ Fiousing - To urge an i~.~nediate solution to the native housing problem arrived at cooperatively by the people of the State of Alaska and the federal government, whether the housing problem is in the remote areas or in the cities. 14. ~Incr.eased 701 Study Fund Local. Par~icipat..i0n Grants - To support reinstatement of the advance planning grant program. 15. ~ative Claim Settlement. ~._ - To urge action by the federal government for an adequate, early settlement.. of native claims in Alaska. 16. Federal Sq~diyisions - To support legislation requiring any federal subdivision to conform to local subdivision standards and regulations. 17. _Common Use of., ....}.!ealth Facilities - To support legislation requiring use of community hospital facilities to the full extent that is medically feasible rather than continue present discrimatory practices against native peoples by forcing transfer of these residents of Alaskan communities to distant federal facilities, and also support use of government medical facilities by non-target group peoples where local facilities are not available. 18. ~!ation_a! Municipal Policy - To support the national policy of the ~ational League of Cities insofar as it is consistent with the best interests of local government in Alaska. 19. National County Policy- To support the national policy of the National Association of Counties insofar as it is consistent with the best interest of local government in Alaska. 20. Communicat.ion_s - To urge the establishment of an adequate satellite system of communications for Alaska. 21. Federal Revenue Sharing~- To urge Congress to enact a .comprehensive program for Federal revenue sharing directly to the state and local Eovernments, with need, as well as population, being used as a standard of distribution. 22. Feasibility and Planning Studies for Local Public Facilities - To urge the practical availability of Federal funding for feasibility and planning studies for local public facilities - particularly maritime facilities, including the establish- ment of a revolving fund for such purposes to be reimbursed from project construc- tion monies. Dear Sir' Enclosed. is a copy of Chapter 114, Session Laws of Alaska, 1971, (Alaska Statute 43.18. 300) pertaining to State aid for civic, convention, and community recreation centers and feasibility studies relating to these facilities. Contained in the law are the general authority and guidelines the Department of Economic Development is to follow in implementing this new legislation. To assist us in equitably and. adequately administering the program, we have developed, rules and regulations, application forms, participation agreements, and appendices covering the necessary feasibility studies, and land acquisition, planning and construction phase of facilities authorized under the Act. The rules and regulations explicitly outline how the program will be administered and the requirements that each interested community must comply with in securing State aid. for a facility whish they propose. Any further information or clarification which you may need. should, be directed, to this department. The fUnding for this program in the current fiscal year (1971-72) is $200,000. We do not know at this time what the legislature will appropriate for next fiscal year. Sincerely yours, /Jx-,~'hn Ro Werner ~Deputy Commissioner IRW/val Enclosures Chapter li4 (Which Enacts AS 43.18.300) CIVIC, CONVENTION AND COMMUNITY RECREATION CENTERS Sec. 43.18.300. CIVIC, CONVENTION AND COMMUNITY RECREATION CENTERS. (a) Within the limits of legislative appropriations for the purpose, the state shall make matching grants to local governments or their nonprofi.t designee equal to 50 percent of the estimated reasonable costs of land acquisition, planning, and construction of municipal civic, convention and community recreation centers and 50 per cent of the cost of feasibility studies relating to these facilities, in accordance with the provisions of this section. (b) Grants for only one study and one' project may be awarded to a local government under this section. Applications for grants shall be made in a form prescribed by the commissioner. A grant shall be allotted according to~ an agreement made between the commissioner on behalf of the state and the local government receiving the grant. The agreement may include any provision agreed upon by the parties and shall include in substance the following provisions' (1) estimates of reasonable costs of a study or project as approved by ~the commissioner after consultation with the Department of Public Works; (2) a schedule of grant diSbursements, if, as determined by the commissioner, a grant, is to be disbursed other than in one sum; (3) agreement by the local government to (A) proceed with and complete the proposed study or project expeditiously; (B) not discontinue operation or dispose of all or part of a project for which it receiv.es a grant without the approval of the director; (C) apply for, and make reasonable efforts to secUre, federal assistance Which may be available for the study or project, subject to any conditions the commissioner may require in order to maximize the amounts of that assistance received or to be received for all projects in the state; (D)- provide for payment of the local government's share of the cost of the study or project; (4) agreement by the local government that, if federal assistance for a study or project becomes available to the local government which was not included in the calculation of the amount of a grant authorized and disbursed under this section, the value of the federal assistance shall be ascertained and subtracted from the total value of the project and the balance shall be equally divided between the state and local government; (5) provision for alteration or modification of an approved study or project and for remedies in case of failure to perform the agreement between the parties or noncompliance with regulations promulgated by the commissioner under this section; (6) provision for alteration or modification of an exi.sting faCility which would have qualified under this section as a civic, convention or community recreation center at the time of initial construction if this section had been in effect and provision for remedies in case of failure to perform the agreement between the parties or noncompliance with regulations promulgated by the commissioner under this section. (c) If funds appropriated by the legislature to provide grants under this section are not adequate to satisfy amounts required by approved · grant applications, fu'nds shall be allocated on the basis of priority established by the Department of Economic Development by regulations promulgated to carry out the provisions of this section. (d) This section does not require that a.local government receiving a grant for, a feasibility study under this section must proceed with construction of a project, notwithstanding the project is determined to be feasible. (e) The commissioner shall require in the negotiations and agreements with the local government that continued maintenance of the facility is the responsibility of the local government and the local government must show the feasibility of this before authorization of state funds. (f) The commissioner shall provide an annual Legislature with respect to grants made under this section. report to the (g) The commissioner may promulgate regulations the purpose of this section. to carry out (h) In this section development; (1) "commissioner" means the commissioner of economic having power to in this section. (2) "local government" means a city of any class or a borough implement the studies or projects for which grants are authorized This Act takes effect July l, 1971 Register 39, October, 1971 ECONOMIC DEVELOPMENT~,~. 16 AAC Ol.OlO 16 AAC 01.020 TITLE 16. ECONOMIC DEVELOPMENT CHAPTER 1. CIVIC, CONVENTION AND COMMUNITY RECREATION CENTERS~ Section OlO. Definition 020. ~ Application 16 AAC Ol.OlO. DEFINITION. Rules and regula.tions implementing Chapter 114, an act authorizing state ai~ for land acquisition, planning, construction and modification of new or existing civic, convention and community recreation centers; and providing' for an effective date. Authority' AS 43.18.300 16 AAC 01.020. APPLICATION. (a) A local government~unit may apply to the State for financial assistance in connection with land acquisition, planning, construction or modification of a civic, convention and community recreation center. The State's share of the cost of the project will not exceed 50%. Contributions in-kind by the local government unit may be acceptable where there exists a need for such arrangement and where adequate management of the project and support for the costs can be shown. Application may be made on Form No. 2 (sample attached). Application shall be accompanied by a feasibility study in accordance with paragraph (c) below. .(b) A local government unit may apply to the State for financial assistance in conducting a feasibility study in connection with a proposed civic, convention and ,community recreation center. The State's contribution to the cost of such a study will not exceed 50%. Applications may be submitted on Form No. 1 (s'amPle attached). ! ~ (c) Disbursement to the local government unit of the State's contri- bution to the cost,of the Project shall be made upon receipt of invoices from the local government unit covering expenditures approved by the terms of the agreement between the State and local government unit. The local government unit may submit to the State invoices for portion's of the cost of the study or project as completed up to 20% of the State's share,' payable in increments of 20%, up to 80%~ The remaining 20% shall' be paid in two increments of.lO% each. The final 10% of the State's share shall be paid upon completion of the project or study to the satisfaction of the State. 'If these terms impose undue hardship upon the local government unit, special arrangements may be made upon request. / The local government unit will be required to solicit proposals from more than one individual or firm in connection with feasibility studies, and from more than one individual or'firm in connection with architectural plans and speci~fications for a project. The term "proposal" as is used here does not necessarily mean a complete project design or feasibility study, but such study as is in accordance with generally accepted professional.practices and procedures. The local.~government~unit will be required to advertise for bids for construction and supply of materials. (d). On approval of an application relating to a feasibility study, and notification to that effect, the local government will execute an agreement with the Department of Economic Development of the State of Alaska on Form 3 (sample attached). (e) On approval of an application in connection with actual 'construction of a project, the local government will execute an agreement with the Depart- ment of Economic Development of the State of Alaska on Form No. 4 (sample attached). (f) The local government unit is under no obligation to proceed with actual constructi'on of the project, even though the project is found to be feasible. , (g) T.he feasibility study shall include, without limitation' (1)- A cost analysis for the completed project, including land acquisition, i.nstallation of utilities, landscaping, roads and parking areas, architectural and engineering plans and surveys, and construction of the facility; (2) A breakdown of the sources of funds from which the local government expects to pay its share of the cost of the project; (3) A breakdown of the sources from which the local government unit anticipates revenue for~maintenance and repair of the project; (4) An estimate of the cost of maintenance, utilities, and other services necessary to operate and maintain the .project in good repair; (5) Diagrams, maps, and plans indicating the dimensions of the building, its location on the site and in the community; (6) Diagrams and other explanatory materials in connection with the building itself,, including dimensions and locations of the various areas within the building and the purposes for which each area' is suited; (7) A general description of the building, including, without limitation, primary.building materials and, architectural style; (8) A listing and explanation of the various ~ses for which the building is adopted, including, without limitation, sports, dramatic presentations, social, forensic and other gatherings; and (9) A letter which shall include a detailed description of exist- ing facilities, or plans for facilities, in the community and within a reasonable distance, from the community which serves, or could serve, any of the functions of the proposed civic, convention and community recreation' center. (h) The directors of the Travel Division and Industrial Development Division within the Department of Economic Development shall review all applications and advise the Commissioner as to priorities on the-basis of' (1) The overall benefit to the community of the project in question, including the extent of use and the variety of uses to be made of the project by the members of the community; (2) The most favorable impact on the development of tourism in the community; (3) The most 'favorable impact on the development of tourism in the State; and (4) The ability of.the' local government unit to proceed to final completion of the project and ~to maintain the facility when completed. , ,(i) 'The Commissioner of the Department of Economic DevelOpment will evaluate.all applications on the basis of the'priorities advised by the directors and, after consultation, with the Commissioner of Public Works, on the reasonableness of the cost of a study or project. (j) Proposals for alternate sites of projects should include, with respect to each. project, each item of information~_called for in sub-paragraphs (1) through (9) in paragraph (g)above. ,, (k) An appliCation, for .state aid for land acquisition, planning, construction or modification of'a project must be acccompanied by a feasibility study or report complete as to the specifics outlined in ~paragraph (g) and properly signed by the individual or-corporation conducting the study. (1) The State will not contribute towards payment of any expenditures made prior to the execution of an agreement with the State by the local government un i t. (m) Applicants will have 45 days from the date of adoption of these · rules to submit applications for funding for feasibility studies in the current fiscal year. (n) A local government unit shall receive funds under AS.43.18.300, et sig., in accordanc, e with these regulations, and is' responsible for insuring that no aspect of the project, including parts performed by subcontractors, involves discrimination against any person on account of race, creed or nal~i onal origin. (o) A local government may, on approval of the Commissioner, conduct a feasibility study for, or construct, a facility which includes more than a civic, convention, and community recreation center. In such cases, funding under this regulation shall not cover any portion of the facility not en- compassed by the definition of a civic, convention and community recreation center. The local government unit must document that portion of the total expense which is a direct result of conducting the feasibility study for, or cons'truction of, the civic, convention, and community recreation center. (p) Definition. As used in this regulation-, a civic, convention and community recreation center means a facility which can be used for Civic gatherings, conventions, and recreation for members of the community. The local government'unit shall not exclude any of these uses by building designs Or regulations. Civic gatherings shall include town meetings, public hearings, and gatherings for the community in general. The facilities are not to take the place of a regular administration building, such as a city hall, fire hall, police station, hospital, or jail. Library space may be included under this regulation. To fulfill the convention-use requi'rement, the facility must include a meeting hall-large enough to accommodate a convocation of a regional group from within the State. The planned use of the facility for movies, plays, or dances, etc., would meet the recreational-use requirement. As recreational use does not necessarily mean sports, showers and locker rooms need not be included as a requirement for recreational use. Authority' AS 43.18.300 ALASKA MUNI IP,, L LEAGUE 210 ADMIRAL WAY JUNEAU ALASKA 99801 Au&usC 19, 1971 BULLETIN NO. 71-51 TO: ALL LEAGUE MF~fBERS RE: 21ST ANNUAL LOCAL GOVERNMENT CONFEP~ENCE KETCHIKAN, ALASKA OCTOBER 27-29, 1971 On the back of this bulletin are copies of the Tentative Program for the League's 21st annual Local Government Conference to be held in Ketchikan, October 27-29, 1971. While this program is subject to change between now and October, we hope that it will be comparably the same as we have now planned, we feel we-are putting to- gether an outstanding program which will be both interesting and valuable to the delegates attending the Conference. Social events and special events fOr the ladies will be added to the agenda as our program plans progress. In view of the possible housing problem in Ketchikan, we have made a drastic change in our normal hotel reservations procedure. .This year, all requests for hotel space must be channeled through the Conference Housing Chairman. Hotels in Ketchikan will not accept individual room requests. In the very near future we will forward a supply of official Conference hotel reservation forms which will contain the name and address of the ttousing Chairman. We urge you to start making plans now to attend this outstanding COnference along with your hosts - the City of Ketchikan and the Ketchikan Gateway Borough. DMB/mm Don M~ Berry· . / Executive Director · __ · .. ALASKA hT~.]ICIFAL LEAGUE LOCAL GOVEP~E,'~MT CONFEP~'J, CE TENTATIVE PP. OGRAM "TItlE TO FISH OR CUT BAIT" Pre-Conference Activities Honday, October 25 Legislative Committee Meeting, City Building 3' 30-5:30 p.m. Tuesday, October 26 Legislative Committee Meeting, City Building 9:00'a.m.-5'O0 p.~.~. wedm¢.sdmy, October 27 Registration, Elks Club Legislative Committee Heeting, City Building Section Heetings Board of Directors' Meeting Reception, Elks Club Hosts - City of Ketchikan and. Ketchikan Gateway Borough Banquet, Elks Club ' Speaker- The Honorable William A. Egan Governor of Alaska 9:00 a.m.-5:00 p.m. 9'00 a.m.-Noon 2:30 p.m. 4:00 p.m. 6:30 p.m. 7:30 p.m. Thursday, October 28 Registration, Elks Club 8:30 a.m.-10'00'a.m. Opening Conference Session, Elks Club 9 ~.00~ a.m. .... Speakers - The HonOrable Nick Begich, .U.. S~' .House of Representatives The Honorable Robert H. Ziegler, Alaska State Senate Panel 'Discussion "After the Code, What Then?" Registrar. ion, Elks Club · " 11:00 a.m.-l:00 p.m. Luncheon, Elks ' Club ' ' · Noon Speaker- Robert-.FImch, Assistant to the President (Invited) Conference Committee Meetings 2:00 p.m. Reception, Elks Club 6:30 p.m. Evening Free · Friday, October 29 Registration, Elks Club General Session, Elks Club " ~ · Speakers , .Joe Eenri, Commissioner of Administration George Easley, Commi~.'.~io~.~er of Public Works A. B '~Holloway, Chairm~.-..~, Alcoholic Beverage Control Board ~Panel Discussion~ '~Municipal Bond I-~f:::._-ket Luncheon, Elks .Club ' 12:30 p.m. '" Speaker- W.' G. Bryan, Executive _r~irector, C~-rmun~ty Goodyear Tire and P, ubb~r Company .Registration, Elks Club '"Annual Business Meetin&, Elks Club Reception, Elks Club President's Banquet, Elks Introduction of Officers Entez'ta~nra~nt: "~e Fish P~.rate's Da,~ghter" 8:30-10: 00 a.m. 9:00 a.m. . _ 1].:30 m.m.-1.;OO'p.m. 2:00 p.m. 6:30 p.m. 7:30 p.m. TO' FROM' SUBJECT' DATE- THE HONORABLE MAYOR AND CITY COUNCILMEN EDWIN H. GLOTFELTY, CITY MANAGER CttAIN OF COb'hMAND WITHIN THE CITY AUGUST 30, 1971 Dear Mayor and Councilmen' During the past week while Mr. Burt and I were out of town I understand there was confusion about who was in charge of City operations in our absence. It is my contention that as long as I am able to be contacted by telephone, I am still the Administrative head of the City and I certainly wasn't on vacation. I was in constant contact with the people within the City during my trip to Juneau. But to clarify 'the position even further, in my absence from the City Mr. Ray Burr will be the Administrative head of the City and be responsible for its total operation. In the event we are both absent Mr. Bruce Massey will be in charge of an), immediate policy decisions that have to be made. If the three of us are absent,Mr. Red Jaynes will be in charge. It is expected that each one of these Department heads will contact the Mayor of the City of Kenai and discuss with him the sit- uation before any policy decisions are made. I am extremely sorry that the problem arose. I think that this designation of authority will eliminate any further problems in the future and I hope that none of the Councilmen were in- convenienced with not being able to obtain immediate r¢lief of the problem that did arise. Since~ly yours, Eawin }t. GlotYelty/ City Manager ALASKA MUNICIPAL LEAG~ 210 AD£~.~IRAL WAY ,. JLr~F_~U, ALASt~ MINUTES OF T}].E BOARD OF DIRECTORS~ ~ETING Call to Order - The Board of Directors' meeting of the Alaska Municipal League was called to order by President George M. Sullivan at 3:10 p.m., July 26, 1971, in the City Council Chambers, Loussac Library, Anchorage, Alaska. Present at the meeting in addition to President Sullivan were Directors John Carlson, Ed Glotfelty, Hazel Heath, George ~avarre and Les Shepard. Absent were' Directors Willard Johnson and Joe McLean. Also present: Don M. Berry, Executive Director and Helen Finch, Acting Secretary. · Director Navarre moved that the minutes for the meeting in Juneau, March 28, 1971 be approved as presented. Director Shepard seconded. There being no objection it was so ordered. Budget Review - Director John Carlson reported on the recent refusal of the Borough Assembly to retain membership in the League. When the 1971 dues billing in the amount of $16523.54 was presented to the Assembly, ir'was the con- sensus of the Assembly that 50% of this cost should be borne by the City of Fairbanks and 50% by the Borough. Carlson reported that, since the Council had already rejected the 1971 dues, the Assembly voted unanimously not to retain membership. Carlson further stated that since the Borough had already made an advance payment of $9370.00 it was still a paid-up member of the League and that the next step would be up to the City Council in regards to paying its half of the total dues. The Executive Director advised that this matter was discussed at the joint Anchorage-Fairbanks Councils meeting and that the two councils unanimously passed a resolution urging all cities and boroughs in the State to support financially the Alaska Municipal League by approving payment of the 1971 dues. It was the opinion of the Executive Director that in view of this resolution the Council would probably approve payment of its portion when the question was next presented. The Executive Director further stated that in private conversations with Fairbanks officials he got the impression the dues would be approved this year but that a different allocation of the cost within the Borough would be sought in the future. President Sullivan mentioned that Don Hazen, Local Government Specialist on the AML staff, should go to Fairbmnks in the near future since there is undoubtedly some help and information he could give the city and borough on Federal funding. He has traveled throughout the State providing assis- tance to various communities, particularly to the Kenai Borough and the City of Kenai, the cities of Sitka and Kodiak; and he will be going to Washington, D. C., regarding Federal funding assistance. President Sullivan felt he should visit as many as possible before the next Board meeting in- cluding Bethel and Nome during his Fairbanks trip. The Board expressed pleasure with Mr. Hazen's work and what his efforts have accomplished. Director Heath requested that ~r. Hazen also plan to visit Homer. President Sullivan mentioned that the Executive Director should meet mayors, borough chairmen, managers, assemblymen and councilmen, since these are the officials who need to be informed of the League's work. ,"~ne Executive Director said tha~ h~ and l,~r. ~ia~e~ do so whomever possible, and arrange trips accordingly. The Executive Director advised that League booklet "k~at ? WHY" was sent out earlier this month. Director Glotfelty questioned the status of the Greater Anchorage Area Borough membership. President Sullivan thought there was enough support to get the Greater Anchorage Area Borough back into the League again. Member- ship dues could be paid from their current Contingency Fund, but since their prior Contingency Fund lapsed on July 1st without favorable action, he doubted much would be done before August 31st when the unification vote comes up. Question was also raised as to the status of memberahip if uni- fication is approved -- it then would be considered under the new government. Upon inquiry from Director Glotfelty, the Executive Director noted the following were outstanding in dues' payments: Fairbanks North Star Borough, $7153.54; Greater Sitka Borough, $946.50,; Juneau, $4301.40; Matauuska- Susitna Borough, $4460.40; Nome, $2,045; City of North Pole, $50.00; Yakutat, $300.00; and Valdez, $375.00. Ail of these are second half pay- ments, except for Nome. Reference was made to the letter received from the City-Borough Manager of Juneau, dated July 2, 1971, regarding office space in Juneau and copies of which were distributed to the Board. This letter was read by the Execu- tive Director who has conferred with Mr. Usher, Manager of the City-Borough of Juneau. They anticipate an initial move in three or four months to two small offices available in the Juneau Municipal Building, but there is no guarantee this will be permanently available, and the space does not appear to be sufficiently large enough for the League staff and equipment. Director Shepard moved, seconded by Director Heath, that the Alaska Municipal League office move to facilities available free of cost in whichever Member city 'or borough that offers such facilities. Director Glotfelty moved that office space be moved to Anchorage. Objection. was raised by Director Shepard. Motion died for the lack of a second. A.-.discussion followed on the original motion. President Sullivan noted that a move from Juneau would be a loss of contact from the Legislative area. He thought this matter should be an agenda item for the next annual' meeting. Director Carlson "wondered whether the League .could function .as well out of another location for the remainder of the year. The Executive Director believed it could not, since the League is now working more closely with govermental agencies. Director Navarre moved the motion be tabled .until the.. next meeting, "seconded by Director Glotfelty. There being no ~bject.~om, th~ mo.t'~om tabla was approved, a,~d the ~~=m .... ~ ~,~.~.ng AML offie, e o~t of Juneau will be ~onmidered at the next Board meeting on October 27 in just prior to opening of the next Local Government Conference. L~gi~lativ~ Report - The Executive Director reported that he thought the AML came out on the plus side during the first session of the Seventh State Legis- lature. He cited passage of such measures as civic center aids, 90% state aid for flood control projects, local service roads, school construction assistance to districts without bonded indebtedness, aid for health facili- ties construction, and full funding of shared revenue, school debt service and aid to education funds. He also reported that he had been assured that the Municipal Code would be reported to the floor of the Senate within the first ten days of the 1972 session. -2- The Executive birector commented on the joint Ar~chorage-Fairbanks City Councils meeting in Fairbanks, where various items were brought up for presentation to the Legislative Committee. I~_e noted that at the Local Affairs Agency meeting in Gustavus it was stated that the next priority item on the Governor's plan for governmental reorganization is creation of a Community Affairs Department. ~_lso, he is positive the State Administration will not support the League bill to turn AS~A functions over to first class cities. President Sullivan believes the cities should look into this particular matter, since ASt~ is again primarily directing their efforts towards "bush" building and matters. President Sullivan also mentioned that hopefully something can be worked out during the next session regarding garb, age. The Executive Director stated that if any legislation passed during the last session could be considered not in the best interest of local govern- ment, it would be the automatic renewal section of }.!B 311, the liquor control bill. As regards the liquor licensing power, the ~resident advised he had met with Jim Doogan., Director of the ABC Board, and the Director's and the ABC Board's feelings is one of complete cooperation and working with the local community, even as to sending the applications to councils/assamblies before the Board acts upon them. In this regard, Vice President Carlson mentioned a liquor license application request situation currently existing in Fairbanks which has met with quite a bit of objection; noting that after the Borough's public hearing, the ABC Board has a public hearing and sends it's decision by means of a letter of intent to the Borough. If protested, the borough again .holds a hearing; and if further protested, the Board has another hearing. Carlson believes the pressure is still on the city and borough. Thc Executive Director noted the League Legislative Committee will meet in Palmer on August 4-6, 1971. During further discussion on the Municipal Code, the Executive Director said he believed it was held up so that all would have an opportunity to read it. President Sullivan mentioned, the proposed requirement that all municipalities go on a fiscal year. An objection raised was requirement that all elections be held on the same day im ~.~ovember, it being the feeling that this would save on election costs. Director Navarre felt this would increase costs. Another objection was the three separate classes of taxing: real property, buildinfs, and personal property. President Sullivan noted the bill with newly-proposed amendments is now sitting in the Senate Rules Committee. Director ~avarre would like to see legislation come out regarding real and true value amount for assessment purposes - it is difficult to come up with fair amount, i.e., Kenai's boom and bust economy. He would like to see legislation which would allow the Board of Equalization to have right to auction or sell land at which a seller could ~ell his land for - the "willing seller, willing buyer" principal- and use this precedent as a basis for setting assessment figure. True market vmlue ~s a State law require- ment, accord.~ng to Sta~ .Asse~mor'~ pract.~.ees. -3- A further recommendation to the Legislative Committee was brought up by Director Glotfelty - restructuring of the Borough Act: one man, one vote concept for boroughs. There is a lack in the number of people represented by their borough representatives, i.e. ~ Fairbanks .~North Star Borough has four city representatives for 15,000 population and seven outside the city representatives, with the City of North Pole with only approximately 700 residents having one of these Seven representatives. No other recommendations were forthcoming from the Board to the Legislative Committee. 1971 Local Government Conference - The Executive Director distributed a preliminary program for the Conference in ~etchikan in October. t~e reported that plans for the Conference were progressing normally and that, other than needing sponsors for receptidns, the City, Borough and Chamber of Commerce of Ketchikan are proceeding very well on housing, publicity, social activities, etc. Governor Egan has accepted the invitation to deliver the Keynote Address at the banquet on Wednesday.. The League was notified that Senator Ted Stevens cannot be present so the Executive Director was directed by the Board to contact Congressman Nick Begich and request his participation. Various other speakers and panel subjects were discussed and the Executive Director was instructed to try to p~,t together a panel on municipal bonds sometime during the Conference. Present plans call for the meeting to adjourn on Friday evening due to air schedules 'out of Ketchikan. Director Navarre suggested the possibility of chartering a plane from Anchorage to Annette for delegates from that area. The Executive Director was requested to look into this matter. League activities - The Executive Director reviewed work that Don Hazen, Local Government Specialist, is, and has been, doing. He will be attending a training session in Washington, D. C. and while there will check on the Juneau environmental protection sewer application, Juneau hUD 701 money, Federal funds for Sitka and Petersburg water project. Locally, he has been working on Convention and Civic Center plans; State Highway Depart- ment local service roads program~ Administration Department shared revenue program, and the Local Affairs Agency work. It was noted there has been some criticism that the League does not work closely with tke Local Affairs Agency and the Executive Director. advised that the Agency and the League have now signed a Cooperative Programming Agreement which will assure close working relationships in the future. }le further reported AML has support of the State Administration to print the State-Aid handbook of all State aid available to municipalities - State will publish this book but the Local Government Specialist will do all the 'leg work'. The Executive Director noted he attended the Executive Directors' Work Shop in Jackson Eole, Wyoning, the City-Congress meeting in Washington, D. C. and the LAA session in Gustavus. The Executive Director read a letter from the Assistant State Librarian regarding Library Workshop to be held in Anchorage on October 8~ and she would like to have the League recon~nend someone from Anchorage representing the APfL to appear on a panel which will discuss "Library Boards: ~,?eeded or Not?'~. The Executive Director did not think anyone from the League office need be present. President Sullivan thought the City of Anchorage and the Anchorage Library Board would be testifying on this matter. ~le thought the State should implement State library boards. Vice President Carlson wondered if local municipalities have problems with their library boards; the Fairbanks North Star Borough does have area-wide library powers and does not have any problems. The Executive Director will advise the Workshop Committee that there will be local input but no specific recommendations will be made. Director Glotfelty brought up the number of city officials, especially Greater Anchorage Area Borough officials, who will be taking in the Ketchikan meeting, and their fees for attendance. The Executive Director advised that Associate Members were allowed to attend and to debate but they cannot vote. This has been a problem as to what to do with these representatives. President Sullivan did not believe they should be allowed to debate. The Board felt there should be a panel on municipal bond marketing at the Local Government Conference. This could perhaps be scheduled for Thursday morning. ~residen~ Sullivan su~.ig~sted Er.ic Wohlforth could be very helpful in this area, and made reference to a letter from }-~fr. Wohlforth° regarding increased income. New Business - Proposed change to By-Laws: Director Navarre suggested a thirty-day lag in the vacancy of a League office be considered whereby someone no longer in office could attend the annual meeting and, if they so requested, could attend Board meetings. Director Shepard so moved. Seconded by Director Carlson. The question was called and the motion passed unanimous- ly by voice vote. The Executive Director was instructed to change the proposed amendment to reflect this intent. Director Shepard brought up the matter of a retirement plan for A2fL staff. The Executive Director informed the Board the preliminary report regarding costs for retirement participation was received and the office did get a letter from the .State's actuary, covering the staff under the State employees' retirement plan. Participation provides for contributing 10% of the total gross salary-- this would cost the League $4,500 per year. Director Shepard moved, seconded by Director Navarre, that the Board accept the cost figure of $4,500 per annum for retirement costs, and include this in the proposed budget. With approval of Director Shepard, the motion was amended by Director Navarre to take this amount out of the Contingency Fund in this year's budget. The amendment to the motion passed by voice vote. Discussion was then heard on the main motion. Director Glotfelty requested more information be provided -- when the covered employee would be entitled to start paying for benefits, start receiving benefits, etc. Director Navarre mentioned he was in favor of this program since the League has not met the current pay scale with other directors in various industries in the State and the League should encourage some longevity in the AML staff. Director Glotfelty was not in favor of the motion, since city managers, mayors, are not covered in a retirement program. It was noted that the Fairbanks North Star Borough has joined the State retirement and health plans. The question was called, and a vote to approve AM~ staff participation in the State Retirement Program at an annual cost of '$4,500, with such fund~ for 1971 only to come from the Contingency Funds, as follows: For: Carlson, Heath, Navarre, Shepard, Sullivan. Against: Glotfelty. President Sullivan declared the motion carried by a 5 - 1 vote. President Sullivan noted that Don Berry has served ten years with the AML as Executive Director. Director Shepard read to the Board a resolution (telegram) of ,~.~'r~'~°~.~'t regarding Federal funding for the Serguis-~itestone Project, ne~.!.?.~ that preliminary funds were available in the President's budget for thin project. Director Shepard would propose that a telegram be sent from this Board to the Corps of Engineers requesting the Corps to check immediately into total funding to eliminate this hazard to shipping. Director Glotfalty felt if the Board passed this Resolution, he has many projects h~ w~.~.~.d propose. Director Shepard moved, seconded ~.y ~irector Car!son~ ..... -~ .... said Resolution (telegram) be sent to the Corps of Engineers. Director Carlson questioned whether this would be an indicat~,z~ th. at the whole League backed tt~is resolution. Director Navarre felt this should come up with a resolution that includes not only this but other matters regarding navigational waters throughout Alaska, and then this complete resolution could be presented. He did not feel that picking one out would be entirely fair since they represent the whole area and not just one particular area. Director Glotfelty felt the Corps should go ahead with projects. Director Heath felt this should be a State-oriented reo~olu~ion, not just for Sitka. This was concurred in by Director Carlson.. The question was called and the following vote was recorded: For° Shepard Against' Carlson, Heath, 'Glotfelty, Navarre, Sullivan. President Sullivan declared the motion failed by a 1 - 5 vote. Director Carlson suggested two changes be made in proceedings of the Board meeting: 1) that the minutes record not only those Board Members who are present but those who are absent from the meeting; and 2) in matters involving a roll call vote, the call be on a rotating basis so that the same individual is not always the first to vote on the question. The Board approved these suggestions and will implement them in the future. Director Carlson inquired as to ~.~ether the AP~ had joined the Weste. rn Region Association of NACO. The Executive ~irector advised that t:'~'~uant to prior direction from the Board, the. duns had not been paid. -6- The Executive Director brought up the matter of filling the vacant position of First Vice President on the Board, created by the resignation of President Donald King. Director Shepard, seconded by Director Heath, moved that Direc.tor Carlson, whose term on the Board expires October, 1972, be appointed First Vice President of the Board. There being no objection, it was unanimously approved. It was decided not to appoint a new Director at this time since the position would be filled by election at the annual meeting in October. Director Navarre moved that, simce it affects the State and its economy, the Board go on record as favoring building of the pipeline and send a strong resolution to Interior Secretary Rogers C. B. Morton on the pipeline urging immediate consideration of passage of the pipeline application. There being mo objection, it was unanimously approved. Adjournment - There being no further business to come before the Board, President Sullivan declared the meeting adjourned at 5:10 p.m. Respectfully submitted, Helen Finch Acting Secretary - 7- September 10, 1971 D~par~n~ of En¥ironmen%~l Pouch 0 Juneau, Alaska 99801 Con$orva~ion Certificate of Reasonable Assurance Soldotna Sewag~ Treatment Plant Dear Sir' The City of Kenai has authorized me com.~ents on its behalf concerninff the proposed of Reasonable Assurance requested by Soldotna. 1:o submit Certificate First, extstinM water quality standards do no~ ermtt except under certain specified ctrcumstance~ not ~ere present, the degradation of water sources. In order for you to be assured, reasonably or other,,lee, that the~e standards will be met, you taus of the Xenai River is now at t what th~ quality of the ienai posed discharg~ the info~atton to make thi~ Judgment. info~atton,'the certificate cannot t know (1) what the quality he discharge point and (2) River will be once the pro~ ! am advised that you lack Until you have this good faith be issued. Second, as you may or may not be aware, the Soldot- na fmcility fall~ far short of tho Federal gui'deli.nos for waste water treatment facilities issued by the F~/QA in October of 1970. Pe~babl¥ the most important d®fictenin connection wi~h these guidelines is the lack of emergency storage fa. ciliti~s, alarm system~ and sand filters, or, . poli~htng pond~ follo~tng.second~~ tr~a~ont. Those ~qu~rod undor P~rt B II and III' ~or~ovor, P~rt B VIII have been ignored. Next, we are incorporating by. reference all of the grounds ~et forth in our ~ended conpla/nt a~ explained in our ~uppiemental me~orandt~a. Copies of these documents have previously been ~erved on you and for' convenience are enclosed herein. As you k~°~, thoro is substantial controversy con- corning this issue tn the Kenai Peninsula area. Clearly a public heari.ng t$ indicated. ~e respectfully request that one bo held. Finally, the City of Xenat wishes to emphasize that the Certificate of Reasonable Assurance cannot con- stitutionally be i~su~d since thi.~ act will be the last act ~n a chain of State actton~; which will culminate in a taking of the right of the City of Kenai to take water from the Kenat River for vt tally needed public water supply purposes. As you ~ow, tho Alaska Con~titution forbids the involunta~ divestment of this right. The City of Kenai respectfully submits for all of these reasons that ,he Certificate requested by Soldotna should not be ts~ued. Dur~,n~. the enrtre course of the con- veraagtons and discus,tons which the City of Kenat pers'onnel have had with State and Federal officials and oualtfted engtneer~ concarning this matter, not one qualified person ha~ stated that tho Soldotna sewage treatment plant will not result inevitably in cont~,.~inati'on o£ the Kenai River. If the State has a qualified expert who will make such a statement under oath un'der pain and penalty of perjury,, he should be brought f'or~ard. If not, the Certificate cannot in good faith be issued. Very truly yours, MATTHEWS, DUNN ~ ~BAILY A Professional Corporation ~J r/'J n l/nclosures bcc' .lanes E. Fisher, Esqt~ire ~arren ~. Matthews, Spec i a I Couns e 1 City of ienai JTo