HomeMy WebLinkAbout1972-03-01 Council PacketREOOI~£~R MEETING, KENAI~ CITY COUNCIL
- MARCH 1, 1972, 8'00 P".-M.
A,
B,
C,
D~
F~
G,
Ho
io
PLEDGE OF ALLEGIANCE
ROLL CALL
PERSONS PRESENT SCHEDULED TO BE HEARD'
1.
2.
MINUTES
1. Regular Meeting of February 17, 1972
CORRESPONDENCE
1. News Re lease
2.
3.
- Alaska Municipal League
REPORTS
1. City Manager's Reporr
a. Things to do' list - 2/17/72
b. Nikiski Borough Proposal
c. Audit Statement
d. Personnel Manual
e. Policy Statement - Lobbying
f.
2. City Attorney's Report
3. Mayor's Report
4. City Clerk's Report
5. Finance Director's Report
6. Planning & Zoning's Report
a. Planning & Zoning Agreement
Borough
7. Borough Assemblymen's Report
Kenai Peninsula
OLD
1.
,
,
6.
7.
8.
BUSINESS
Maintenance of Detours
a. Spur Road Maintenance
Alaska Municipal League
Assignment of Lease
a. Price to Fisher/Hornaday - L1, BI, CIIAP
Liquor License Approval
a. The E1 ks (BPOE)
Recreation Program - .
Joint Use Agreement/City-School District-
Resolution 72-2 - Airport Terminal Lease Rental Rates
NEW BUSINESS-
1.' Water & Sewer Lines to Mommsen S/D
2. Fire Training/Fire Station - Wildwood AFS
3. Kenai Peninsula Lowlands-Social & .Economic Development
4. Resolution on Government Facilities in Kenai
5. Sewer Line Contract
6. Approval of Bids - Sewage Treatment Plant
7. Construction Advisory Committee
PERSONS' PRESENT NOT SCHEDULED TO BE HEARD:
CITIZEN'S GRIEVANCES AND REQUESTS
1.
2..
INFORMATIONAL MATERIALS &
1.
2.
3.
4.
REPORTS
PAGE
1-2
1-2
2
2
2
2.
None
None
None
None
6-7 &9
8
Deferred
10
9
9
Deferred
HINUTES, KE'NAI CITY COUNCIL
REGULAR MEETING
MARCH 1, 1972
8'00 P.M. - KENAI LI'BRARY
ROLL CALL'
D:,
E:
Members present - Robert Bielefeld, James Doyle
James'- Ho-rfla-day, Hugh Malone, Tru McGrady, Robert
Norene, Junior Councilman Tim Navarre and Mayor
John Steinbeck.
* In late
Members abs~en t
--None
TRe Counci.1 gave the Pledge of Allegiance.
pERSONS PRESENT' SCHEDULED T'O 'B'E HEARD'
MINUTES
'The Minutes of 'Regular Meeting of February
were app'roved as distributed.
17 , 197.2
Doy. le came in at this time,
l~'i-tk, concensus of Council,
adde.d to the Agenda.
the
following items we re
G -.-5 Sewer Line Contract
G ~ 6 Approval of Bids -. Sewage Treatment Plant
G",~ 7 Construction Advisory Committee
-- C O'RRES'PO'N D'E NCE
"' NeWs'~el'e'ase' ~' Alaska 'Municipal 'League
The clerk read tile news release from the Alaska Municipal
League. They chose Anchorage as the host city for the
Alaska Nunicipal League Conference being held'October
25, 26, & 27.
"-'REPORTS
"Ei'"tY~ Manage'r'_"S.: Report~_
....
......
Thi'ngs t'o" d'o 'li's't~ -' 2'/17/72
Personnel Manual ~ The Administration is in the process
of looking, through the Anchorage Personnel Manual and
revamping ours.
MI NUTES ,
E -. 1 -
C.c
K.ENAI CITY COUNCIL bIEETING OF .MARCH 1,
City Manager's Report - continued
age two
The City. blanager notified Mayor Sullivan of the Council's
dissatisfaction in not ch'oosing Kenai to host .the A.M.L.
Conference. Mayor Sullivan will be meeting with Council
some time in March to e×plain th. eir action.
The fi~.~ancial report is in progress.
A letter has been sent to the A.B.C. Board regarding
Rainbow Bar, Rig Bar, Black Gold, Harbor View, Kenai
.,Joes and the Pre-Flight Room.
The City-Recreation Packet is .on the Agenda.
·
Copies-of Projects to Push have been sent to the
Congressional Delegation.
.The State School Board has been invited to meet -in Kenai.
'The. Administration ti. as requested weekly reports 'from
Juneau and monthly reports, from Washington D.C. from the
Congress.~onal I)elegation.
Th__e Layout plan for lobbyists in Juneau is on the Agenda.
The' resolution regarding Terminal Lease Rates is also
on tke Agenda,
Nik2ski BOr'ough' P'roposal
A letter' from'Byron I, Mallott is in tke Agenda packet..
The City has met tke requirements but has a few items
to clear up,
' Aud i:t 'S't'a t'em'en t .
The Council each have a copy, of the Audit for his review.
Hopefully an audit re¥iew will be set ur> for March 9, 1972
P e r s onne 1 '. ~.4a nua 1
I'n p,rocess.
.. .
. . .
P~ol..i~cy Statement LobBYing
The' Policy Statement on lobbying is in the Council packet.
Members of Council, ^dministrat±on, Planning & Zoning and
the general r~ublic will be going to Juneau to contact
State Repres~ntatiYes during the legislative session.
MI NUT E S ,
KENAI CITY COUNCIL MEETING OF MARCH 1
19 72 Page three
E
F, -~ 4
E - 5
F, -~ 6
Ci'ty Attorney's Report
No report.
Mayor's Report
The Mayor was pleased to see so many people turn out. We
held a public hearing a week ago and only 3 or 4 people
came. It will be held again next Wednesday at the Little
Theater. He hopes for a large turnout.
'Ci'~t._~_C..1e rk, s Report
No report.
'Finance DireCtor"s Report
.... Mr. Whelan has been sick and will have a report
.... ..~.next meeting.
for the
planni~ng ~. Zonin. g,.~s' Report
Mr. Elson reported on the Public Hearing concerning the
Ci-vic Center that was held at the last Planning & Zoning
meeting. Another Public H_earing will be held March 8,
19'72 at the Little Theatre.
The Commission also requests the contract between the
Ci't¥ of Kenai and the Borough concerning zoning is no
longer in the best interest of the City, should be
reviewed by the Administration and submitted to Council
to determine if it should be cancelled or re-.negotiated.
Elson advised Council .the need for two new Commissioners..
The' 'Mayor with consent of Council appointed Ron Malston
and Fred Korpinen.
The Council request the Commission have someone
attendance at the Borough Planning Commission.
BorOUgh As'semb'lyme~n"s Report
Because of the s'h~ort month there was no meeting.
in
MI NUTES,
F - 1
F - 2
F - 3
KENAI CITY COUNCIL MEETING OF MARCH 1
, 19 72 Page four
OLD BUSINESS
Maintenance of Detours'
The Council was presented with a Policy Statement
establishing some standards of performance concerning
the maintenance of the Urban Section.
McGrady moved and Doyle seconded to adopt the Policy
Statement and get direct application of the Policy
S.tatement. The motion carried unanimously by roll call
vote.
Alaska Municipal League
Mayor Sullivan will attend a Council meeting in the
near future to explain the A.M.L. Board's action on
~he location of the Conference.
HornaSay requested the Administration to invite the
.... Anchorage City Council to a joint Council meeting
with the Kenai City Council to discuss problems of
joint interest.
The City Manager sent a request to Mayor George
Sullivan, President of the Alaska Municipal League,
to hold the Legislative Committee Meeting in Kenai
this spring.
· 'Assi'gnment ~of Leas e
. . .
Pti'ce t'o "FiSh'er'/Horna'day'' 'L_ '1,_ ~. B '1',
..
.The "Ad~n/'istration recommends approval of the assignment
of the lease.
Norene moved and Bielefeld seconded to accept the
Administ.ration's recommendation and -approve the
assignment of lease from Price to Fisher/Hornaday L 1,
B 1, CIIAP. The motion carried w/th Hornaday abstaining.
Norene commented the problems in title search concerning
assignment of leases and stated another-prime lease
would be better than assignment. Malone said this. was
a good point and requested Administration to check this
out with Alaska Title & ~Guarant'ee.
MINU'TES
F -, 4
(a)
F -. 5
F -. 7
, KENAI
CITY CO'UNCIL MEETING OF MARCH 1 ,
19 ?2 Page five
L._~uor License Renew'al
The Elks (B.P.O.E.)
The Administration recommends approval.
McGrady moved and Bielefeld seconded to accept the
Administration,s recommendation and approve the Liquor
License renewal for the Elks (B.P.O.E.) The motion
carried unanimous, ly.
Recreation Program ·
The Council has received copies of the Recreation Program
Packet. They will review it and discuss it at a later
· time. The City b4anager is going to put together data
for Early Entr~ to Wildwood Air Force Station for Outdoor
Recreation.
_Joint Use Agr'e'ement'/Ci't'y ''SchOol District .
The Administration recommends approval of this agreement.
Biele£eld moved and Malone seconded to approve the
Joint Use Agreement/City _ School District. The motion
carried unanimously.
'Resolution.__ 7'2-2 -. Airport 'Terminal Lease Rental Rates
The Administration recommends an increase of 15% in the
Airport Terminal leases to bring it up to a pay-for-
itself basis. -
Norene moved and Bielefeld seconded to adopt Resolution
72-2 --: Establishing the rates to be charged on the
renewal dates of' the lease agreements £or the Occupancy
of space within the. Kena5 ^:ir Terminal. The motion
carried unanimously by roll call vote.
The Mayor recessed the meeting for ten minutes, and brought
the meeting back to order at 9'15 P.M. '
MI'NUTES, KENAI CITY COUNCIL ~,"IEET.ING OF b:IARCH 1, 1972
Page s ix
G - 1
NEW BUSINESS
Water & S.ewer Lines
to Mommsen S/D
Mr. Glotfelty introduced b'Ir. Bud Cartier, from S.B.A.
and .Mr. Dennis Marvin, Attorney for S.B.A.
There were eighteen people present from Mommsen Sub-
division. At approximately noon on February 29, 1972,
the water went off in this subdi'vision. The subdivision
is furnished water by- the Kenai Community Water Co., Inc.
a pri.vate owned utility.
Since the water outage occurred, the City Manager has'
been in contact with Mrs, Killen, her Attorney, and
S ..B .A~
residents explained th.ey are here because of the
emergency sS. tuation and want something done.
Mr. Carter explained S.B.A. does not have the ownership
of the water system but have a security interest, a
lien or mo.rtgage and further s-rated we cannot do business
~i'tt~out her bei'ng here~ S,B.A. cannot releas'e the lien
without payment of approximately $15,000 in back taxes.
'~r. Glotfelty~ stated S.B.A. does not understand the
osi'tion of the City. The City would 'have to pay the
15,000 and maybe $6,000 or $7,000 to put it in workin~
·
o~der. The State is about to close the sewer line.
This-would be a drastic expense to the City.
'Doyle related th.e water system does not meet P.F.R.B.
standards 'and most of thee system would, have to be done
at great expense to the City-.
Bielefeld stated the City-has an obligation to foreclose
and get court acti':on because of lack of public safety.
'Malone remarked Healtti_ & Welfare are at stake. We have to
do something, We can't just jump in and put a pump in,
we haye no legal right to go in. Perhaos there is some
way we can~provid, e immediate relief within funding.
Bruce Massey stated, the only way tIiey are going to sell
lots is if tl~ey have good water. They could recover.
$15,000 and more- but without water & sewer couldn't
recover anything..
MINUTES, KENAI CITY COUNCIL MEETING OF MARCH
G ' 1 -~ Water & Sewer Lines to Mommsen S/D -
1, 1972 Page seven
continUed
~[h.e City ~.~anager stated we could charge the system from
Wild,rood with a fire hose.
Dennis ~farvin said we are indulging in a lot of dialog
and gettin~ nowhere We need the lady to be here
Can't consider anything without her.
Norene stated he just called her and she is ind. isposed.
She said to get ahold of her lawyer and have him come
down and have a meeting .with S.B.A & the City in the
morning.
Malone moved and Norene seconded to give Administration
the authority to expend money to put the system back in
operation as soon as possible and back charge S.B.A. if
the City knowns the maximum co'st.
Bielefeld moved and McGrady seconded to amend the motion
t'o add to get the app.roval by a Court Judge to have no
liability in charging lines, to t~e done in the interest
of Health & Welfare.
After much discussion, wi'th consent of second,
withdrew his motion.
Malone
Hornaday moYed and Doyle seconded that'
1. Instruct the City Manager, as Civil Defense
Director to take emergency action to provide
emergency water this evening.
2. To authorize the Administration to fix the pump
in Mommsen Subdivision with proper charges to the
utility owners and appropriate governmental agencies
subject to approval of the owners of the utilities
and agreements by-. all pa'rties that the City accepts
no liability therefore in writing.
The moti. on carried unanimously.
The City Manager then left the meeting briefly to call
Colonel Pittenge.r. Upon his return, he reported Colonel
Pittinger gave his permission to charge the system from
Wildwood. Mrs. K.illen ~ill sign the agreement tonight
and the Fire Department is in preparation.
(.* See note after G ~. 3~
· -.~I NUTES ,
KENAI CiTY COUNCIL b~ETING OF MARCH 1,
19 72 Page eight
The Mayor recessed the meeting for ten minutes and
brought the meeting back to order, at 10'40 P.M.-
Fire Training/Fire Station - Wildwood A.F.S.
-The .Council was provided wi th a memorandum on Early
Entry Permit for occupancy of Wildwood Air.. Force Station,
Fire Fighting Facility. The City requests an early entry
permit to occupy Building 11, intact, with- all equipment
and supp'lies pertaining to fire protection. The City
will furnish Wildwood Air Force Station with a minimum
on one professional firefighter thru June 30, 1972.
Upon the implementation of the caretaker package, the
City proposes to furnish Wildwood Air Force Station
.with 24 hour structural fire protection and fire
prevention, and take over the maintenance of Building 11,
this time the Department of Defense will continue to
furnish the City of Kenai all utilities required at
Building 11 until final disposition of the Station
has been made.-
Bielefeld'moved and H0rnaday seconded to adopt
Resolution 72-3 - Early entry permit, for occupancy
of Wildwood Air Force Station, Fire Fighting Facility.
After some discussion. Hornaday moved and Malone seconded
·
to amend, the motion to read "The City of Kenai, subject
to available' funding, requests an early entry. . ."
Also under Equipment Priority strike 1st Priority
but leave the wording in and strike the 2nd Priority
'and the wording.
The amendment passed with.Bielefeld and Junior Council-
man Navarre opposing.
The main motion as amended carried unanimously.
Kenai Peninsula Lowlands - Social & Economic Development
Deferred until the next meeting.
~.~INUTES
, KENAI
CITY COUNCIL b'~ETING OF '/~RCH 1, 1972
Page nine
Continued from G - 1
Mr. Fisher read the authorization and waiver of claim.
Mr. Carter & Attorney Marvin entered, the meeting again.
Attorney Marvin stated the S.B.A. desires to do the best
possible thing they can to operate in an emergency or in
the future.
S.B.A. has a new proposition for Council to consider.
If the utility owner will deed the system over to the
City, without co. st to the City, .S.B.A. will agree to
waive all lien rights and-interest.
Hornaday stated this was a step i'n the right direction
· and will be explored tomorrow.
..
.The City Manager thanked the gentlemen for their
consideration.
'Se~qe'r 'Line Contract
The City has experienced difficulty in the past for
local contractors to bid on jobs of large amounts, as
they are unable to attain bonding in that amount. The
interceptor project is all on the same grant and cannot
be broken down. It is anticipated the City will be
able to use local contractors on non-grant projects.
Bids on Sewer Treatment Plant
Bids were opened 1 March 1972 at 10'00 A.M. on the
Sewage Treatment Plant. The City received 4 bids. The
low bid was that of West-e-r-n & Assoc. at $806,881. The
engineers estimate was $872,769' The Administration
recommends the Council accept the low bid of West-e-r-n
& ASsoc.
Doyle moved and ~4cGrady seconded to accePt the Administration,s
recommendation and award the bid for the Sewage Treatment
Plant to I,~rest-e-.r-n & Assoc. in the amount of $806,881
subject to the approval of the Environmental Protection
Agency o£ the Federal Government and the 'Alaska State
Department of En~ironmental Conservation. The motion
carried unanimously by roll call vote.
.
f...
MINUTES.,
G -
KE'NAI- CITY COUNCIL MEETING OF MARCH 1,
19 72 Page ten
Construction Advisory- Committee
Deferred until
Center.
after the public hearing on the-Civic
Resolution on Government Facilities in Kenai
Malone moved and Hornaday seconded to adopt Resolution
72-4 - Commending the Governor of Alaska and his
Administration for their actions in recommending an
expansion of governmental services in the City of Kenai.
The motion carried unanimously by roll call vote.
Doyle moved and Hornaday seconded to adop.t Resolution
72-,5 - Requesting commitments from Senator Palmer
and Representative Tillion in support of Resolution
72~4 of the City of Kenai. The motion carried
unanimously by roll call vote.
MEETING ADJOURNED 11'45 P.M.
Respectfully submitted,
Sharon Sterl-ing, City C~erk
Tt.I!NGS TO DO LI'ST 3/1/72
(a)
Personnel Hannual.
Letter to Ron Halson & Fred Korpinen - New
Members of Kenai Planning & Zoning Commission.
Invite Anchorage Council for a
with .Kenai City Council..
joint meeting
Check out Prime Leases & Assignments
with Alaska Title & Guarantee.
of Lease
Resolution 72-3 - Early entry permit for
occupancy of Wildwood Air Force Station,
Fire Fighting Facility.
d~
Resolution 72 - 4 - Commending Governor and
His Administration for their actions in
recommending an expansion of governmental
services in the City of Kenai.
Resolution requesting from Senator Palmer and
· Representative Tillion in support of Resolution
72.,-4 of the City of Kenai.
For ~mm~diate Release
Alaska Hunicipal Leagu~
204 North Franklin
Juneau, Alaska 99801
JUN~U -- George M. Sullivan, President of the Alaska Municipal League, announced
today tha~ the dates of October 25, 26 and 2? have been set for the 1972 League
Local Government Conference.
The League Board of Directors made the decision on the Conference dates
at their recent m~ettng in Juneau. Anchorage was chosen as the host city.
Board members participating were President Sullivan, Mayor of Anchorage;
Firs~ Vice President John A. Carlson, Chairman, Fairbanks North Star Borough;
Second Vice President George Anderson, Council/assemblyman, Ke~chikan; Imme-
diate Past President B. W. Matheny, Deputy ~iayor, City and Borough of Juneau;
·
and Directors Hazel Heath, Hayor of Homer; Joseph A. McLean, Nayor of the City
and Borough of Juneau; Robert G. Par~on~ Councilman of Fairbanks; and Waiter
Parker~ ~semblym~n, ~re~:er ~.nehorage ~re~ Borough.
In addition to the decisions on the Conference the Board members had
~eettngs with Governor William A. Egan and the House Local Covernment Committee.
I
2 - t[u~/,cipa/ l~a~e
·
_
'~4e s~ronsly urge the local Governman~ study proposed by the ~overnor to
- · "since solutions
includa all local governments in Alaska," said Sullivan,
~o £he p'roblen~ in the Anchorage Area vould no~ necessarily apply ~o Alaska~s
·
smaller c0m~ni~ies." ~
· .
During ~he C~o-day ~atings ~he Board vo~ed ~o support ~he concep~ of
HB ~52 ~hich provides for ~he creation of a Depar~n~ of C~ni~y ~d
, .
~gion~ Developing.
XXXXX
b Lr'u "
'
t
LOlL AFFAIR~ AGENCY OUCH AB -- JUNEAU ~801
/
February 23, 1972
The Honorable John F. Steinbeck
Mayor of the City of Kenai
Kenai, Alaska 99611
Dear Mayor Steinbeck.
The agency has had the Nikiski Borough proposal under consideration
and at this time has completed a preliminary analysis, t.he results
of which I am setting forth below'
·
Required signatures' The Director of-Elections .
office and the agency have verified that a
sufficient number of qualified voters have
sig-ned the petition i-n a'ccordanc'e with AS '07.
10.020 (8). The following is a tabulation
of the approved signatures according to the
number obtained from the area outside the City
of Kenai and within the boundaries of the pro-
posed borough'
Al'ea. '
City of Kenai
Non-city area
· 'Tot'al' numb e:r o f
,s~ign.a.t ur e s r e qu ~-x-rbY, d·
240
163
Number of
yeri£ i_e~ g n a tures ·
__
258
164
Since the area encompassed by the boundaries of
the proposed borough contains less than 7,50'0
qual±£ied voters, -it is required that the petition
be signed by 25% of the quali£±ed voters who voted
in person within the City of Kenai and 25% of-the
number, of qualified voters who voted in person within
the(November,proposed19 ar~a.70 at the last general, election
The Honorable John F. 'Steinbeck
-2-
February
23,
1972
Form of Petition- The agency has ascertained
that the petition is in the proper form as
prescribed by' the Local ^f£a±rs Agency-.
~
Content of Petition' The agency finds that
certain of the statements made in the body of
the petition do not conform '~ith state law
found in Titles 7 and 29 of the Alaska Statutes.
Namely, the petition proposed a composition of
apportionment of a borough assembly which does
not embody specific representation from the
council of the City of Kenai. Notwithstanding
the apparent conformity with the United States
Supreme Court one-man, one-vote .guidelines, this
plan does not properly reflect the continued
requirements that city representation on the
.proposed borough's assembly be from one or more
members of the city council (see the attached
Attorney General Opinion for further elaboration
on th±s particular point). Accordingly, the
petitioners or the petitioners' representative
must make an appropriate correction to this section
of the petit±on.
The agency also finds that the section in the petition
relating to additional areawide powers is unclear as to
the petitioners' intent. The petition should clearly
state whether or nor any additional areawide powers are
requested by the petitioners ~AS 07.10.02015]).
Also, the petition appears to request that a proposition
for initiating home rule status be placed on the ballot
togethe.r w±th the incorporation question. The procedure
for borough adoption of a home rule charter is set forth
at: AS 07.35.020 (a). This statute prescribes that a
first klass borough may adopt or appeal a home rule charter
in the manner prescribed .by AS 39.40.010-29.40.0.9.01.
The Title 29 statutes provide, essentially, that the
question of home rule for a borough ma7 be placed before
the qualified voters ~ after a petition has been filed
with the borough assemt~.ty and approved by ~majority vote
of that governing body. Consequently, it would be .
improper for a home rule question to be placed before
borough voters at the time of the borough ±ncorporation
election. Accordingly, petitions or thier designated
representative, the City of Kena. i, must present appropriate
amendments to this particular section of the petition.
The Honorable John'F. Steinbeck
-3- February 23, 1972
We note' also ~that the petition does not state the
location of'the proposed ~borough seat. AS 07.10.
020 (2) requires that the petitioners designate a
location. .Therefore, the petitioners or their
designated representative, the City of Ken.ai, are.
requested to furnish ~:h±s information.
·
The agency requests that the City of Kenai, acting as representative
'for the Nikiski Borough petitioners, prepare and' subm-it the above
requested information. We have determined that formal action on the
pet±t±on must await Local BOundary Commission adoption of standards
and procedures §ouerning borough boundary changes. The reason for
th±s is that the agency and the Local Boundary Gommiss±0n will l±kely
have to treat the Nikiski Borough petition not only as a borough
incorporation proposal., but also as a.proposed boundary change to
the. existing Kenai Peninsula Borough -The Alaska Supreme Court, in
Unites States Smelting Refining and Mining Company v. Ci'~y of Nome
and Local Boundary Cormniss±on (opinion dated September 29, 1971) has·
stated that before the Gomm±ss-ion may entertain arty further boundary
change proposals, it must adopt appropriate sl:andards for use 5n
evaluatin§ such boundary changes. Wh±le the Corem±ss±on has adopted
temporary standards for c±ty boundary changes, it has not adopted
standards for borough boundary changes. The Conuniss±on expects to do
so, however, by the.latter part of next month. Of necessity, the
agency, in evaluating the Nikiski Borough petition-in accordance
with AS 07.10.080, must do so with re£erence to borough boundary
· change standards as well as the standards set forth at AS; 07.10.02;0.
If you have any questions concerning the above, please do not hesitate
to call upon the agency~ I would be pleased to discuss any' of our
preliminary findings wi h the City of Kenai officials or with indi-
vidual petitioners.
Sincerely
BYRON I. MALLOTT
Director
BIM-SJS.pak
Attachment
.
cc' John S. Hedland, Chairman, Local Boundary Commission
The Honorable George Navarre, Chairman
Kenai Peninsula Borough
~yron ~. r.~al!ott, Director
Local A
Of~',.ic~,.~~ /~h.e Governor
'..
....:7:!,,_,....:'
~orney General
By'
Ric~ard W Garnett, Iii
Assistant Attorney General
~^~ ~ August 6, 1971
SUBJECT.:
Reapportionment
Kenai Borough
·
of
Sometime ago you asked this office for an opinion on
several matters related to reapportionment of borough assemblies.
The major problem at the present time concerns the Kenai
Borough. The problems arise from the difficulties of reconciling
the provisions of the Alaska Constitution with respect to borough
apportionment and suoreme cou~u rulings applying the one man one
vote principle to local governments. In particular you wanted
t o know'
1. May the Local Affairs Agency or the borough
assembly reapportion the borough asse~£aly on terms different
from those set forth in AS 07.10.0407
2. If the reapportioning authority applies the- one
man one vote principle, is it also bound to adhere to the pro-
visions of Art. X~ ~ 4 of the Alaska Constitution requiring at
least one representative on the assembly for each first class
city in the borough?
1. Power 'to 'Apportion' We conclude that either the
Local Affairs Agency or the borough assembly may. reapportion
the .assembly on a population basis.
AS 07.20.030 provides in part-
..
·
(2) Any 50 qualified voters in an
organized borough may petition the borough
assembly or the Local Affairs Agency to re'
apportion the assembly of. the borough within
which they reside. The petition shall in-
clude evidence, that the apportionment of the
assembly does not meet the standards p-re-
s crib ed by this title.
Byron I.
O.
Maiiott August 6 ~
--2--
1911
(3) upon receipt of a petition, the
assembly or Local Afl'airs Agency shall in-
vestigate its a~legat~ons and shall deter
mine if the apportionment of the assembly
meets the apportionment standards prescribed
by this tit ~ ~
=e. If it is ~de~ermined that the
.standards are not met~ the assembly or Local
Affairs Agency shall reapportion the assembly
ac. cordingly. A reapportionment by the Local
Affairs Agency prevails over one. by an
assembly. The reapportionment is effective
beginning with the next regular election to
the assembly.
As you kn°w~ residents of the Kenai Borough have
presented to the borough 'assembiy a proper petition requesting
reapportionment. As the borough assembly apparently has
declined to act on this matter, the authority to reapportion
lies squarely with the Local Affairs Agency. Of course the .
assembly may still act if it chooses to do so.
The difficulty is that AS 07.20.030 provides for
reapportmonment only to bring a borough assembly into
harmony with the formula set forth in AS 07.10.040. This
formula requires, among other things~ that areas outside of
first class cities have one representative more than the
total number'allotted to all first class cities.
We do not believe that the .Local Affairs Agency is
limited by the statutory formula. In a series of recent cases
the United States Supreme Court has ruled that the one man one
vote principle applies to local government units. In Aver.v v.
Midi.and County~ 390 U.S. 474 (1968) the court held that t~he
co~mission'er's court of Midland County~ consisting of one
member elected at large and four commissioners from each of
four districts, must be selected on a one man one vote basis..
The commissioner's court had power to set tax rates,, equalize
assessments~ issue' bonds and allocate funds. The court em-
phasized that the actions of local governments are, in fact, ·
the actions of the state and that local governments are
therefore bound by the Equal Protection Clause to the same
extent as the state itself.. The court stated'
Byron
I ·
Mai!ott _- August '6 ,.
--3--
1971
We hold today only that' 6he Constitution
permits no substantial variation from
equal population in drawing districts for
units of local government having general.
governmental powers over the entire
geographic area served by the body.
The court rejected the aro ..... ~
a~,~nt tha~ the commis-
sioner's court performed only negligible legislative functions
and was primarily ~'executive'~ or "administrative". The court
also rejected an assertion that the primarily rural concerns
of the co~saissioner's couz, t justified the imbalance of
representation in favor of rural areas.
In Hadley v. Kansas City Junior Col!e~eo 'District,
397 U.S. 50 (~-9-7;0) the 'court extended this principle to include
elected local government 'bodies which exercise any governmental
functions. In Hadley the body in question was a six member
board of school district trustees with powers to levy. taxes,
issue bonds, hire and fire teachers, annex school districts,
conderrm property and perform other traditionally governmental
functions in c'onnection with the school system.
Both these decisions followed the same
ing applied by the court in Reynolds v. Sims~ 377
and other decisions which established the one man
principle at the legislative level.
line. of teas°n-
U.S. 533 (1964)
one vote
Several recent cases suggest
is becomJ~-ng somewhat more flexible in
valid apportionment, particularly with
ments, in Abate v. Mundt~ 39 L.W. 47,
court upheld an apportionment plan for a county board
supervisors where the population variance among distr
reached a.maximum of 11.9%. Under this plan the.sinai
town .in the county was given one re-oresentative. The
towns had a number of representatives equal to the mu
by which their populations exceeded the population of
base town. In upholding the plan the court relied on
long history of overlapping functions of the town and
that the Supreme
its reouirements
regard to local
p. 4663, (1971)
Court
for
govern-
the
of
icts
lest
other
ltlple
the
the
county
government and on its own finding that the plan was "rational"
and did not contain bias against a Carticu!ar area or group.
The court reiterated its view that ~,ore leeway should be
allowed with respect to local governments than at the legis-
lative or' con~ressionalo !eve~. See also, Dusch v. Davis,
387 U.S. 11.2 (1967).
Byron i. Mallott
August 6, 1971
--~--
in s~ite of the possible relaxation indicated by the
Abate case, it remains clear that the basic principle of one
~,~an one vote still governs the apportionment of local govern-
ment bodies.
In addition to the federal authorities, ar~-Alaska
court 'has undercut the validity of the present borough
· - ~ ~6 Alas
apportionment scheme, in Cit.v of ~uneau v. BorougQ~ .
L.J. No. 7, P. 197 (Ist Judicial Dist. 196-8) the superior
court at Juneau found that the apportionment formula of AS
07.10.040 and the weighted voting provisions of AS 07.20.070(d),
as applied to the facts before it, violate~d the 'Equa! Protection
Clause of both State and Federal Constitutions. The court
th -
based its decision on .~ e federal reapportionment cases~ in-
cluding the Avery case above. The court also dealt briefly
With the claim that Art. X, § 4 of the' Alaska Constitution
(one representative per first class city) was invalid under
the reapportionment cases'. The court rejected this claim
stating'
·
i cannot agree that this flexible
language is inherent'fY incapable if im-
' p!ementati.on consistent with the equal
protection requirements of the !4th
~Amendment to the U. S. Constitution.
On the basis' of the above authorities~ it seems clear
that any reapportionment of the borough assembly must be sub-
stantially in accord with the one man one vote principle.
In our view it is not necessary for the borough to
wait until suit is brought and. the present apportionment
declared invalid before any action is taken on reapportionment.
Rather, the borough would be acting properly in reapportioning
itself once it becomes clear that an existing, arrar~gement is
invalid. This was the course followed by the Governor with
respect to legislative apportionment following the Reynolds
decision.
As noted above, we' believe that the Local Affairs
~Agency has power to reapportion on a population basis. We
reach this conclusion by analogy ~o the law applicable to
reapportionment at the iegis!ative !evel. Under the Alaska
~ ' ..~er lies with the
vons'citution leo-islative apDort-~onment
Governor. in 1964, the reapportionment decisions o~ the
United States Sur~reme Court made it clear that the existino'
August
app°rtionment of the Alaska Senate was unconsvitutional.
Accordingiy~ the Governor reapportioned the senate to bring
it -'nto c' ~ '
' o~,,pliance with the court's mandate. .The Governor,s
action~_.~,+~ .was attacked on the ground that ~he had no specific
~ ....orzty under the constitution to reappo?tion the senate.
in l'~ade v. ifoian~ 414 P.2d 659 (Alaska 1966), the Supreme
Court of ~ia--~k-~--~phe!d the Governor,s action. The court,s
rationale was that the Izamers~ ~ of the constitution would.
have granted to the Govemnor power to reapportion the senate
had it envisioned that the need would arise.
The reapportionment of a boroUgh assembly in light.
of Aver.v and ~=
~ad!ey seems quite similar to the situation on.
the legislative level after.__Reynolds v. Sims. Under AS
07.20.030 re. apportionment power at the borough level is
vested alternatively in the borough assembly or the Local
~azrs Agency. Where state law gives to a particular body
certainthe power todc~apportiOnand thosea governing assembly according to
stan__ar_s,the most reasonable standards must of necessity be
abandoned, cou'rs.e i.s to assume that-the
same body has authority to reapportion under the new
standards.
2. Effect of Art. X, ~ 4' We realize that re-
apPortionment according to the one man one vote standard
immediately presents.a problem in connection with Art. X,
~ 4 of the' Alaska Constitution. This section provides in
part that every first class city is entitled to at least
one representative on the assembly. In view of the fact
that the population of Seidovia is only 437, the size of the
borough assembly becomes quite large if the assembly is
constituted on a strict population basis. We do not believe,
however¢ that the large size¢of the borough assembly will be
sufficient as a matter of law to justify ignoring the pro-
vision of the Alaska Constitution Unl*"- ~
· =~e the-apportionmen~
formula in AS 07.!0.040~ the provision giving one representa-
tive to each first class city is not on its face inconsistent
.with apporti'onment on a population basis. As noted above,
Judge Stewart in the Juneau Borough case specifically
declined to invalidate this provis---i-on.
By~on I. Maliott August 6, 1971
--6--
We believe that if SeldoVia is denied its representa-
tlon on the assembly it would in all likelihood prevail in a
subseouent court test of the validity of this action. Of
course~- if Seidovia voluntarmly relinquished its status as a
first class city~ the problem would disappear because the next
largest first class city could be used as the base for
allocating assembiymen.
It .seems obvious that the ultimate solution to this
problem must come from the iegislature~ probably in the form
of. a constitutional amendment. '
As an interim measure we can only suggest that the
Borough Assembly or the Local Affairs AgencY consider use of
a weighted or fractional voting system. Under AS 07.20.070(d)
weighted voting is required in instances where the borough
.assembly exercises '~areawide'~ powers. Accordingiy~ the idea
.of weighted voting is not foreign to local government in
Alaska. We realize that we'ighted voting to achieve compliance
·
with the one man one vote rule is not expressly authorized.
Ho~.~ever~ under the rationale of the ~,~ade case~ above~ we
believe that the assembly or the Agency. may adopt a rational
inte~',~,,, ~ lan, including weighte~d voting~ until such time
a~ the ~ ' .
~ ;egmslature can afford more complete relief
The U. S. Supreme Court has neither approved nor
condemned weighted or fractional voting as such. Several
commentators have pointed to undesirable features of such
arrangements. See e g
· . ~e, ua! Representation and The
Weighted, Vot~ng Alternative
· Banzhaf, "Weighted Voting Doesn't Work' A Mathematical
'~ 19 Rut~ers L.Rev 317 (1965). The gist of the
Analy s is ~
argument against weighted and fractional voting is that a
legislator's power to wield influence extends over a wide
range of activity and is not limited to voting. Thus, 'for
instance, smaller areas may be ~over represented" by. 'having.
a disproportionate number of persons representing it even
though actual voting strength reflects population. See,
· WMCA,.. Inc. v. Lomenzo~ 238 F.Supp. 916 (S.D.N.Y.) aff'
382 U.S. ~ (~'96'b-). However~ Lomenzo dealt with representa-
tion at the legislative level, in a footnote the court
stated'
We express no opinion on the use of
fractional or weighted voting either
as a temporary devic.e to remedy mai-
apportionment or ino°'overnmental organs
below the state level. (92~!)
Other cases have stated that weighted ~or fractional
voting may be valid if the proponents can show that the result,
' ~ ~s 'substantially the same as~
in terms of votmng power a±one, ~
~,~ouid ~I ow -~"~ ~' _
. ~ ~.o~ a DuPe poeuiation basis. See, e.g.~ Iannucci
V. Boar_d' o.f..S,..u?e}?,vis0.~s~ 229 N.E.2d 195. (N.Y. 1967). -
OenePaily, courts seem w'iiling to tolerate wieghted
voting .as an ~nuerim meas~:re~ particularly on the local
government level. Thus~ in Grahar~a v. Board of Superviso'rs.
273 N.Y.S,2d 419, 420 (CA N.Y. 19~'&)--the ..... c'o'Urt' s~a~d'"
Although wei~
anted voting-has inherent
defects~ it does provide more of the
attributes of equal representation than
the existing apportionment of the Erie
County Board of Supervisors. Thus being
so~ we a~oprove the we i~-~
~ snted voting plan
adopted by the board~ but solely as a
temporary expedient.
See also~ Thigpen. v. Me}~ers~ 231 _P.Supp. 938,
(W.D. Wash. 1964)} Morrison v. Board of Supervisors of
Oswego Cry., 308 N.Y.S.2d 6-8i -(i9}-0-).
941
The likelihood that temporary weighted voting on the
local level will past muster is increased by recent Supreme
Court decisions expressing a more flexible view on reapportion-
ment generally (see Abate v. ~.,.~ su~ora) and rejection by
the Court of sophisticated mathematical analyses of "effective
voting power:~ '
mn the area of multi-member districts. Whitcomb
v. Chavis~ 39 L.W. 47, P. 4666 (1971).
·
Under a weighted voting system it would-be possible
to keep the assembly to a manageable size while complying with
the one man one vote rule. We believe also that such a ~lan
would comply with Art. X~ ~ 4 to the maximum extent possible-
in that each first class city would retain its present number
of representatives Under a weighted voting procedure~ the
coming election could be held under the system now in effect,
except that the weight of each assemblyman's vote would
reflect the number of his constituents.
The law in this case eresents a nmmber of hard
policy choices. Under present law there are~ as we see it,
only three possibilities, weighted voting, a very large .
borough assembly, or amendment o-~ the constitution to
eli.~inate the pr. ovision siving at least one assembly seat
.~yron ~. ~llott Augus~ 6, 1971
to each first class city. Of course, the question o~f a
Constitutional change lies primarily with the legislature.
¥~ith~n .the guidelines set out above, we feel that ~he
choice of what course to adopt as an interim, measure lies
with the reapportioning authority.
'Strictly speaking~ all borough assemblies apportioned
under AS 07.10.040 are improperly constituted. While this fact
does not affect the validity of enactments passed by these
assembiies~ it does leave the door open for court action
attacki~:ag the present arrangements. No 'doubt it is preferabie
as a matter of good government to have reapportionment carried
out by the bodies charged by law with .this responsibility.
The Local 'Affairs Agency may wish to consult with the various
assemblies with a view to planning how reapportionment may. be
~mpiemented with a minimum of delay..
RWG- agra
CITY OF KE. NAI
POLI CY -STATEMENT
CONTACT WITH STATE 'REPRESENTATIVES
DURING LEGISLATIVE SESSION
The Council has determined that'
There should be a representative in Juneau at lease once
a week pushing and checking on projects vital to the City
during the legislature.
The person must be knowledgeable on the' project.
b ·
Does not necessarily have to be a member of the staff.
Must report in writing to the City Manager.
·
During the final days of sessions,
Juneau constantly.
someone should be in
Probably a delegation to insure proper coverage.
Projects and legislation of in'terest to the City 'should
be enumerated.
Contacts on individual projects are to be identified.
·
These ends are"to be-accomplished within budgetary limitations
II.
To accomplish these, ends'
1. The City Manager is to be the prime coordinator in these
activities.
·
There shall be a list of projects to work on.
~
The City Manager may delegate and authorize other than City
staff members to travel to Juneau as City representatives.
Hopefully, the City's business may be combines with other
business to reduce costs.
TO
':~ .: FROM
'.';i DATE
·
SUBJECT ·
Honorable MaYor and Council
Edwin H. Glotfelty, City Manager
· February 28, 1972
CONTRACT, PENINSULA BOROUGH PLANNING COMMISSION -
CITY OF KENAI.
. .
In 1966, .the City and Borough agreed that'
1. An officer of the City would be the Planning
and Zoning enforcement agent for the Borough..
attached.
~This
~
At no cost to the Borough.
Copy .of agreement
agreement is, evidently, still in force.
2. The Kenai City Planning and Zoning Commiss-ion
moved to-terminate this agreement.
Contract between City of-Kenai and Borough
Concerning Zoning. Elson moved and Curver seconded
to recommend' that this contract is no longer in the
best interest of the City, should be reviewed by the
Administration and submitted to Council to determine
if it should be cancelled or re-negotiated. There
was no objections nd was so ordered.
·
I recommend termination of this agreement'
a. The enforcement is being carried as a,
minor part of the inspection program.
it.
b ·
If we do the work, we
should get paid' for
db/
Attachment
(Plsnnin;.[ and Zonin~; P~mctlons)
"L~is a.f..f, roe:~:ent, entered into this 16th day of February, 1966,
by and between the ]'[enai Peninsula Borough end the City. of Kensi,
;ii as ka.
~,"~-~r~'~ tbs zonin.5 ordinance orev~ously adopted by ffhe City
~ez',:aj. ns in effect and by force st law' cdnt}nuos as a zonSng o~di~-
~nce of the Kenal Pon'i~sula ~o~'ough; ond ' '
.....;.n~R~.~' .... ''"., it ~.n~ in the best ~.nte~ests of the Kensi Peninsula
Borou,.2h thst tho onfopcemeng of such ordin~nco should be jointly
sdmlniste~,ed by the Kensi Peninsula Borough end the city, ..
1. That the buildSng officer or other appropriate officer
of the city is sppointed ss the agent of the Kensi Poninsula
Boroujh for the enforcement of such ordinance, 8nd is vested
with s"thority to p~osecute offendo~s ond enforco civil
remedies' to the full extent of the law.
.
-2. Tho City agrees to assume all costs, of any kind what-
soever,, associated with such enforcement.
~. That th~s_~...s~reement co~inues~- in effect ~til cancelled
by either psr~0, by notice in writing."
IN .WS~NESS WHEREOF th° parties hereto hove set their hsnd the
day and year stated in the individual acknowledgements below.
State of Alaska )
) SS,
Third Judicial District )
On t'' t
n~..s 18 h day of February, 1966, before me personally
appeared Js~-_,e~ Harrison , kno~m to be the person who exe-
cuted the shove agreement, and scPmowledged that he hsd the sutho?ity
to si~ the same for the purpose stated therein.
l'iots~y Pub±i-c-~n end for
.. ¢ o~r,~is s i on-
~ENAI PENINSUL'A.. BOROUGH
By :~k' ~~'_..,,,~...-., ~.
Harold Pomeroy, . /.,
Chairman '- ~/-
-State of Alaska ) --
° ) SS,
Third Judicial District ).
n th~ __~8_/ ~_dsy of Feb',~usry, 1966, before me personally'
.......... to be the person who executed
2be score a~'reemcnt; snd~~wied~.-eS' ths~ he had the authori2~
to sign the sams For the purposes ~sted therein
KENAI PENINSRLA OROUGH
Box 850
,.a pl~ontP 262-4441
SOLDOq~A, ALASKA 99669
February 28, 1972
13EDESE A. NAVARRE
CHAIRMAN
Ms. Sharon Sterling
City Clerk
City of Kenai
P. 0. Box 580
Kenai, Alaska 99611
Dear Sharon'
In response to your letter of
"Agreement for Enforcement of Zoning Laws", please not no. 3
of said agreement which, states ,,Lhis agreement continues in.
effect un~il cancelled by either partY by notice in writing.
As no such notice has been submiCLed by either party the
agreement is still binding.
February 23, 1972 regarding the
Sincerely yours,
Ralph R. Darbyshire
Planning Director
RRD- lrh
FROM ·
·
DATE ·
SUBJECT ·
Hono. rable Mayor and City Council
Edwin H. Glot'felty, City Manager
February 29, 1972
MAINTENANCE OF URBAN SECTION
The Administrati.on has been in contact with the
State Highway Department relative to the maintenance of the
Kenai Spur Road and associated detours. Verbally, we have
been assured of every effort being made-to alleviate the
problems of the pas.t season. We have asked for some plan ..
or. program in writing.
Also, we 'are drafting a policy statement (or
Administrative procedure) which establishes some standards
of performance and outl-ine a minimum procedure'. We are
requesting comments on the procedure prior to putting it
into final form.
db/
JAMES E. FfSHEI:{
J'Al~i ES C. HORNADA¥
City Manager Ed
Box 580
Kenai, Alaska
.... r~l ~
FiShEr ~. HORNADAY0, ~
ATTO Iq NEY S AT LAW 0 ~
KENA! PROFESSIONAL BUILDING - P. O. BOX 397
KENAI, ALASKA .9.9811
23 February 1972
Glotfelty
TELEPHONE
283-7565
Re- Urban Section
DearEd:
Perhaps We could receive written confirmation from the
State of Alaska as to what they plan to do in regards
to maintenance of the road this winter, construction
of the road next spring, and proper maintenance of' the
detours including dust control, and proper traffic
controls. The condition of the road is a disgrace.
Hope fully, by
information.
for the next
·
Th ar~k you~
~'~.
Very '~'"r,,.~~. .., ours,
next Council meeting we will b~e this
In-any event, please put it on the agenda
C. HO~LNADAY
regular meeting.
.
February 28, 1972
Mr. Mike Fargo
Resident Engineer
State Department of Highways
Soldotna, Alaska 99669
Re'
Maintenance, Urban Section, Kenai Spur Road
Dear Mike'
I have enclose8 a letter from Councilmen Jim HOrnaday
requests are very specific° We need specific answers
to alloy the fears of the community. Could you help?
Sincerely,
(;Sty Manager
db/
Enclosure
His
in writing
~ITY. POLICY 0~'~ DETOU~S
'he City of Kenai's p~iicy on all. de~.~,s is set. forth in the following
..
ut'line' Detours will be handled_ in two separate manners as fo21ows.
·
Short duration detours involving the hours of daylight but not to
xceed a 12 hours period.
I. L°'ng 'range d'etours that would exceed the 1.2 hours time limit or extend
·
nto the hours of darkness.
.
ermission to detour traffic fro~. city streets-or-'on~_qo city streets may only
e obtained by written application to the City of Ken~i. This written
pp!ication must be in the hands of. the C~ty. at ].east 1 workin~ day .prior to
he time the detour is to be placed into effect. In the case of a long
uration detour, that i-s. one that exceeds the daylight hours or 12 hours
.
uration, the applicati'on must be in the' hands-of the city at least 2 working
~ys prior to the time 'the detour takes-effect, ~ai. lure to ~ollow any of
· e following .requmrmenets or failure to.pr°vide prope'r maintenance, dust
.
·
·
~ntrol, etc. W,i'.ll res.'ult in the ~mmed±ate withdrawing of the pe~smission to
~e the route..
.
SHORT DURATION DETOURS
(Contractor Requirements)
~ntractors receiving permission from theCity to detour traffic onto or away
..
.. -
'om city right of way or streets will be required to meet the following
.~quirements.
A.. Th~.' Cont~-'actor ~'ill be required to notify the city police and the fire
depar~:aent'pi~ior to placf, ng any diversi'on, road c loaure, or change in any
route requi,~"ed by this' detrou prior to the time the detour is closed or changed
or placed into .effect, This notice will ~g~f,~ state the time that the detour
· .
will remain in'.~ ~~ effect.
·
· .
o .
B, The Contractor will be reqfl, ired to place, protective barricades in
any area ~.~ith th.e public might be expose.d to di'tches, moving equipment or any
· .
0.that dangerous situations'.
C, The Contractor wi. ll be required to place signs on either end of the
de'tour and at all intersections ~ithi. n the detour, ..These signs must be
..a. pproyed b~ the pub l'ic w~orks department of the c~,ty prior to .the time the
detour }.s placed in effect.
.D.' The Contractor will be 're.~uired to maintain th.e detour so ~g~ that traffic
can trayel along the entire 'detour route ~ithout stopping, Roadway surfaces
·
·
·
· .
sh.a'~l b.e pro?erly graded an,~-.--5..,~,..4ae~es~,.__~ar~y,, dust-control measures will be
.r.equired~
E. ~'.~.~ Prior to .returning a city street to service, it shall be returned
·
tO a condition as' ~¢'~ good or better that i.g was 'prior to the diversion.
·
.
,,
·
·
.
F. .Notification through, the city, fire, police and public works dePartment
..
Will be reqt~ired when the contractor '~s- through with the detours and normal
..'.
. .
· . .
traffic has. been restored.
..
· .
..
.o
(' Co~trac~or Requiremens)_
..
Contractors receJ, vin:g permission from th.e city to detour traffic onto or away
~./~ rights of way or streets will be required to meet the
following requi-rments.
A. The Contractor will be required to notify the city police and the fire
department Prior to placing any diversion, road closure, or change in any
route required by this detour prior to the time the detour is closed or changdd
· .
or placed into effect. This notice, will saate the time that the detour will
remain in effect~
. .
B.' Lon. g duration detours will be.a minimum of 2~t feet in width and will be
maintained to that width 'at all times the detour is in use.
·
Proper maint'enance of the detour sur'face, such as grading, dust control,
~illi.ng ruts and '5oles and at~'.7 other ma±ntenance required to keep a safe
roadwa7 open at all times 'the detour is in use will ~e a strict requirement.
D,. An~ dangersous-ppots along-the route oi' the' detour will be propertly
bar'ricaded in order' to protec~ the puBl~.c.
Proper signs' ~ill b.e placed on either end of the detour, and alohg the
..
rou~e of. the .detour in order to make it plain to the publci where the detour
·
·
and of an7' changes in. route. These signs, will he required to provided ·
~.ritk proper lighting duri'ng the. hours of darkness.
Prior to ~turning a city street to service, it shall be returned to a
¢onO. ition as good or better, tl~]an it was prior to the diversion.
O. Motification through the city fire, police and public works departmen't
will be ~equired wl]en the contractor is through with the detour and normal
traf:fic has been rsstored.
February 28,
i,o.
FROM-
~ SHBJECT'
1972
HONORABLE MAYOR AND CITY COUNCIL
EDWIN H. GLOTFELTY, CITY MANAGER
ALASKA MUNICIPAL LEAGUE
I have conveyed the Council's feelings to the AML Board
relative to the.loss of the AML' conven, tion to Anchorage
this year.
Mr..George Sullivan, President of AML, will be in Kenai
either the last meeting in March or the first meeting in
April to explain the Board's action.
S inT~y yours
E~[w'in H. GFotf'elt~
City Manager
EHG/ss
Attachment'
Hornaday's Letter 2/18/72
Sullivan's Letter 2/17/72
February 28, 1972
George Sullivan, President
Alaska Municipal League
Municipal Building
210 Admiral Way
Juneau, Alaska 99801
Dear President Sullivan'
The City of Kenai would like t~o formally extend an
inVitation to the Legislative Committee of the Alaska.
Municipal League to meet this spring in Kenai.
As you are aware, some members of the Council are concerned
because of the-Board of Director's' action to not hold the
annuaI Conference in Kenai and to all evia~te some of the
pain, I would request that the Board consider this
r;equest.
Sincer e~% yOurs,
E~d~vin H~ Glotf~l
City Manager
EHG/ss
CC'
Don Berry
Speediset (~) Moore Business Forms, Inc L
JAHES E. Fi:3HER
,JAH ES C. HORNADAY
FISHER & HORNAD~.¥
ATTO IqNEYS AT LAW
KENAI PROFESSIONAL BUILDING -- P. O. BO;( :397
KENAI, ALASKA B9611
18 February 19 72
TELEPHONE
283-7.565
.
.pres i'dent George
Alaska Municipal
20'4 Freak lin
June au, Alaska
Sullivan
League
Dear George Sullivan
We were shocked to learn that the Alaska Municipal League
is not going to hold its annual meeting in Kenai. It
was our %u%derstanding that this meeting was promised
to Renai. The Kenai area badly needs this shot in the
arm economically with the problems we have been having.
I have attended meetings all over the State in many
co~unities which do not have anything near the facilities
which we have in this area.
The action taken by you and other members of the Board of
Directors of the Alaska Municipal League appears to be
arbitrary and uncalled for. At the next me. etin~ of the
Kenai City Council there will be a serious discussion on
the withdrawal of K. enai from the Alaska Municipal League.
Disappointedly yours,
JAMES C. HORNADAY
CC'
Mr. Don Berry
Alaska Municipal
'204 Frank lin
Juneau, Alaska
League
·
ty Mgr. Ed Glotfelty
Box 580 ·
Kenai, Alaska
P.S. If 'the'.'doctors, State School Board, the dentists, etc.
can hold their meetings in this area, there is no reason in the~
world why the Alaska Municipal League is so important that it
cannot come to Kenai.
TEL. EPHONE MUNICIPAL BUILDING
586- 1325 JUNEAU, ALASKA 99801
February 24, 1972
Mr. James C. Hornaday
City Councilman
P. O. Box 397-
Kenai, Alaska 9961 I
Dear Jim'
I am sorry. %hat you are upset, in regard to the action taken by the
Board of Directors of the Alaska MUnicipal League i'n tf~ei'r decision
to select Anchorage as their convention site for October 25th
through the 28th, 1972.
I. have written a letter to Mayor Steinkeck w[aich I am sure you have
no doubt read by now.
You ind-icate that you p. lan to request the Kenai City Counci i to with-
draw from "the Alaska Municipal League. '1 am hopeful that they will
not concur in this action. The AIr]L, of which i have been an active
participant fOr many years, strives to service all of the communities
?hat it represents. We are also hopeful that with the addition of
Marilyn Mi'lief that more assistance in grants and federal aids can be
provided to the smaller communities of' Alaska. Both the Anchorage
City and 'Anchorage Borough, of course, have their own federal a'id
coordinators who work on these projects. The increase of dues some-
two years ago was to assist the. sma l let communities in obtaining funds
along these lines. Of course' AML was the prime mover in obtaining
shared revenues by all the communities in Alaska of State funds that
we now enjoy. Hopeful ly, some of these items will also be presented
at the time.you submit your withdrawal proposal.
We are also hopeful to have an invitation from the City of Kenai to
mot th'ere early this summer wi'th the Alaska Municipal League Board
of Directors and the L~gislative Committee, meeting for the first time
together on what should be a very interesting sessiOn. I am sorry you
feel as you do. ! do appreciate yo.ur writing though.
S i nce re iy.,
ccl Don Berry
· ~/Ed G lotfeity
George M. Sullivan
Pres i den t
MEMBER OF THE NATIONAL LEAGUE OF CITIES AND THE NATIONAL 'ASSOCIA'IIO'N OF COUNT;I--]¥
TELEPHONE MUNICIPAl_ BUILDING
586-1325 JUNEAU. ALASKA 99801
·
.February 17, 1972
The Honorab'le John Steinbeck
· Office of the Mayor
P. O. Box 580
Kenai, Alaska 99611
Dear John:
The Alaska Municipal League Board of. Directors in session February lOth in
Juneau, Alaska unanimously approved the selection of Anchorage as the site
for the AML Convention October 25-28, 1972.
I certainly appreciated the prop.osal from Kenai to have the AML Convention
in your city this fal !. Additionally, I hope that you and members of your
Council are not upset by this action.
It was felt with the continual growth of participants in the AML yearly
conve.ntion, headquarters fac i I'ities, meeting rooms and hotel rooms need to
be garnered under one roof or two at the very most. It is felt that up to
300 people will be participating in this fall's AML Convention and, most
especially with the election of a U. S. Senator, a member of Congress and
quite likely all of the House and Senate seats of Alaska, additional pressure
will be placed on the conventioneers by other politicians.
-The Board of Directors is planning to put together criterias' for future bids
on the AML Convention. Banquet facilities will be needed for up to 250
participants. Twelve to fourteen meeting rooms will be needed and first-
class hotel rooms probably in the vicinity of 180-220 per convention in the
future, it seems that we real iy were bursting at the seams in Ketchikan
and complaints were received from several disgruntled people in attendance
at our convention there last fai !.
! know that you, Ed Giotfelty and others would have shown us a most out-
standing time in Kenai. I hope you can understand our position. We are
hopeful to have a Board of Directors meeting in conjunction with the
Legislative Committee of the AML in'Kenai sometime in early June. This
MEMBER OF THE NATIONAL LEAGUE OF. CI'TIES AND THE NATIONAL. ASSOCIATION OF COUNTIES
The Honorable John Stei'nbeck
February 17, 1972
Page Two
would encompass probably around 25 people and probably some additional ly.
with wives. If you feel so inclined, we would certainly appreciate an
invitation along these lines to meet in your fine city.
My very be~t regards to you and members of your Council.
Most s i n cerely,
ALASKA MUNICIPAL LEAGUE
J~eorg,e/~, Sul ! ivan
Pres i dent
210 Admiral
15, 1972
Mr. John Asp lund, Chairman
Greater Anchorage Area Borough
Pouch 6-650
Anchorage, · Alaska 99502
Mr. Robert E. Sharp
City Manager
Box 400
Anchorage, Alaska 99510
Gent l emen'
As .you probably recall, at the convention last fall in Ketchikan both
Anchorage and Kenai made a pitch for the- 1972 Alaska Municipal League
Convention. it was decided at that time by the Board of Di~ectozs that
a final decision would be made in February at a board meeting to be held
in Juneau. I am pleased to advise you that the Alaska Municipal League
Board of Directors unanimously chose Anchorage for their convention
site the dates of October 25, 26, 27 and 28 of 1972.
We are estimating approximately 300 delegates, alternates, speakers and
visitors in attendance for the Alaska Municipal League Convention here
in October. We think we can make it one of the mo'st outstandin§ League
conventions held to date.
I would appreciate each of you'appointing someone from your staff who can
work with the League Executive Director, Don Berry, to work out the plans
and programs with the Alaska Municipal League Convention here this fall.
Please call or drop me a nOte if you have any questions in regard to this
letter. Thank you in advance for your help and cooperation.
"/~3eo rg~ M.
Pres{dent
Sul I ivan
CC'
~A~L Board of Directors
Don Berry, Executive Director
Councilman/Assemblyman Ben Marsh
Counci l man/Assemb l yman James Campbe i I
Councilman/Assemblyman Bennie Leonard
Councilman/Assemblyman David Rose
Councilman/Assemblyman Ri chard Silberer
N4EiMBIER O~: 1HFi NATIONAl_ LEAGL)r. (.-',r' CII'IES AND THE NATIONAL. AS..%OCIATIC~N OF
.
TELEPHONE ~~~, JUNEAU ALASKA 99801
586- 1325 ~>,.,~.~.. . /~ ·
February 17, 1972
TO' Board of Directors
RE' Visual Aid Presentations
Since it is part of my job to visit League member municipalities I plan
to start traveling this spring. I have had a request from Petersburg
and am waiting for them to set a date.
I want to utilize visual aids in my presentations before the councils
and assemblies which will emphasize "Your municipality has a branch
office in the Capital". In line with this I am putting together a
set of slides depicting~various member cities and boroughs, the league
staff engaged in day-to-day activities, councils and assemblies at work,
conference gatherings, etc. I will time the se't of slides and accom-
panying spiel for no more than fifteen minutes.
I wo-uld'like to include pictures of the Board of Directors. Would you
send me, as soon as possible, a print or 35 mm colored slide of yourself?
Either a porirait or a~tion shot.
Any' other prints or slides you could furnish of your area such as aerial
views, city halls, committees at work, etc. would be appreciated.
Thank you for your help.
Mar11¥~ Mlller
Local Government Specialist
MEMBER' Of THE NATIONAL LEAGUE OF CITIES AND THE NATIONAL ASSOCIATION OF' COUNTIES
February 28, 1972
TO*-
FROM'
SUBJECT'
HONORABLE MAYOR AND CITY COUNCIL
EDWIN H. GLOTFELTY, CITY MANAGER
ASSIGNMENT OF LEASE'
HORNADAY - L 1, B 1
·
PRICE TO FISHER/
- CIIAP
Attached is a consent and approval of Assignment of the
lease on Lot 1, Block 1, Cook Inlet Industrial Airpark.
Approval is recommended.
.SincerI~ly yours,
~ ~. ~.?~ ....
Edwin It. Glotf61ty
City Manager
EHG/s s ~
.
Speediset (~ Moore Business Forms. Inc. L
ACCEPTANCE OF ASSIC~NM3SNT AND
ASSUMPTION OF LEASE
FISHER & HORNADAY, Assignee of that Lease on Lot 1, Block
Cook I'nlet Industrial Air Park~in the Kenai Recording District
Third Judicial District, State of Alaska, dated 1 September 19~6,
and executed by the City of Kenai, as Lessor to Donald Price,
d/b/a Kenai Radiator Clinic as Lessee, recorded 6 January 1969,
~in Book 34 at page 27 of the records of the Kenai Recordin~
_
District, Third Judicial District, State of Alaska, hereby
accepts such assignment and agrees to assume, such liability
under the terms of said lease for any default of the Assignor or
vi lation by the Assignor of any of the covenants of said lease
.. DATED this day of February 1972.
FISHER & HORNADAY
STATE OF ALASKA
By:
JAME~S C. HORNADAY
THIRD JUDICIAL DISTRICT
I, JAMES-C. HOP~NADAY, having read the foregoing instrument
know the conditions thereof and believe the same ~o be true
and have signed this instrument in my capacity as a general partne~
of Fisher & Hornaday.
SWORN and SUBSCRIBED to before me this
day of February 1972.
Notary_ Public in and for Alaska
Commission Expires:
CONSENT TO ASSIGNMENT
The above Assignment of Lease is hereby accepted and
approved subject to the same terms and conditions as contained
in the original Lease on Lot 1, Block 1, Cook Inlet Industrial
Air P ark.
DATED this day of , 19 72.
CITY OF KENAI
ATTEST .-
By:
SHARON STERLING, ~-~-~y Clerk --
Approved by Council on the __~a¥ of
, 19 72.
February 28,- 1972
TO'
,.' FROM'
SUBJECT ·
i~i~. During the
EHG/ss
. .
HONORABLE MAYOR AND CITY COUNCIL
EDWIN H. GLOTFELTY, CITY MANAGER
LIQUOR LICENSE APPROVAL
inspections and.hold-up due to inspections,
the Administration neglected to secure specific approval
for the Elks (BPOE) liquor license.
Ail inspections, have been completed.
I, therefore, recommend
approval o.f the Elks (BPOE) liquor license.
Sincere.ly~ yours
E~~dwin. H.'. ~__
City Manager
February 28, .1972
TO'
FROM'
SUBJECT ·
HONORABLE .~,IAYOR AND CITY COUNCIL
EDWIN H. GLOTFELTY, CITY-MANAGER
RECREATION PROGRAM
At the request of Council, we have outlined our Recreation
Program. I have asked Mr. Chris Adam.s, Recreation Director,
to 'make this pres.entation.
As .a part of the overall program, we are also submitting a
joint use agreement" for the use of the school facilites in
thSs area.
Sincerely
E ty~i
City Manager
EHG/ss
TO '
HONORABLE MAYOR AND CITY COUNCIL
FROM ·
CHRIS ADAMS, PARKS AND RECREATION DIRECTOR
DATE · FEBRUARY 28, 1972
SUBJECT ·
CITY RECREATION PACKET
The presentation of a comprehensive recreation pro-
gram entails detailed planning of all facets of the program.
Attached hereto, I have included an inventory of the existing
and planned facilities for the 1972-73 fiscal year and a
schedule of the planned activities for those facilities. Also,
I have included the Park maintenance and construction schedules
from March 1 to June 30, 1972 Lastly, a map of these facilities
and projects has been included for your perusal. Anticipated
costs have been roughed out and will be defined upon the receipt
of 71-72 financi-al statement and the subsequent submission of
the 1972- 73 budget.
It is noteworthy, however, that many. of these
programs are planned under the volunteer and joxnt use phil-
osophy at ].ittl'e or no cost to the taxpayer. Likewise, the
extensive use of young people during the summer for staffing
purposes and the federally funded NYC program, etc., are
high yield, low cost programs. It is anticipated that the pro-
posed Mayor's Committee on Parks & Recreation will assist a
great deal in defining the communities desires and assisting
in implementing these programs.
CDA/db
'Attachment
Lastly, the dis"osition of the cur. rent Jr. High
School is very important to the City's recreation program,
as is the final word on Wildwood Air Force Station.
Respectfully,
Christopher D. Adams
Parks ~ Recreat±on Director
just
~?2r?3,!NvB~T8R¥ o~ EXISTING'^ND PROPOSED PARKS AND RECREATI'ON FACILITIES
KENAI .MUNICIPAL PARK AND WINTER RECREATION AREA
DESCRIPTION' Approxima. t eI'y 75
Forest Dri-~e and Spruce Drive.
acres on Inlet side of Kenai Spur between
Area includes: ..
·
Undeveloped beach frontage.
2. Camper park area with sanitation facilities;-water, fire pits,
and.trash containers.
·
_
·
3. Undeveloped summer lake and winter sledding ahd skating area.
4. .Information .booth (proposed 71-.72).
$. Three baseball fields with s.torage and bathroom facilities.
·
Hockey Rink/summer sports area.
·
Incomplete water system (proposed 71-72).
·
Incomplete parking facilities ('proposed 71-72).
KENAI RE'CREATIONAL FACILITY
DESCRIPTION' Approximately 500 acres across
Th'ompson P'ark Subdivision. Area' includes'
from Beaver Loop Road near
·
·
3/8 mile oval' racetrack.
Grandstand · (not .complete) .
~
Announcers booth (no public address system).
~
Two sanitation stat-ions (Proposed 72' 73).'
Concession area (improvised).
·
Trash receptacals.
7. Ample public parking.
8- Pit area.
·
Possible motorcycle trails and/or racing course.
10.
3/4 mile rifle range road
11.
Long bore and small arms ranges (additional work needed).
12.
13.
No skeet or trap' shooting equipment.
One sanitation station (proposed 72- 73).
I!I .
K~NAI SPUR PARK. AND BASEBALL' FIELDS
· DES C RI PTI ON'
s u-UbTi
Approximately 2 1/2 acres,
Area includes.
along Kenai Spur near Beluga
·
~
·
Two baseball fields (proposed improvement
Undeveloped natural drainage'.
Incomplete water system.
7z).
~
Sanitation Station (proposed 72-7.3).
F.A.A. FOOTBALL FIELDS
DESCRIPTION- Just off Kenai Spur located ne.ar bluff overlooking river.
Approximately 3 acres. Area includes.
i ·
Limited parking.
·
·
Two football fields (1 proposed for re-development 72-73).
Portable sanitation stations required.
·
Bleachers (pro'posed 72'- 73).
BEAVER CREEK PARK
DESCRIPTION. Approximately 11
near Thompson Park 'Subdivision.
acres located along Kenai Spur Highway
Area includes:
·
·
·
Picnic .area (proposed 72- 73).'
All purpose sports field (proposed 72-73).
Portable Sanitation stations required.
Limited parking ~proposed 72-73).
CUNNINGHAM COb~IUNITY PARK
DESCRIPTION. Approximately 2 1/2 acres with 300 yard.s of river frontage
along Beav~-r Loop. Area includes-
i ·
~
~
Landscaped rustic park' (pr.oposed 72-73).
Improved river accessability for boating and fishing'
Portable sanitation stations required.
(proposed
-2-
72-73)
AIRPORT TRIANGLE
DESCRIPTION' Located at entrance to Kenai Municipal. Airpor't,
~ndeveloped to date.
gateway
1. Beautification planned as. community project initiated through
Parks and Recreation Council and supplemental funding as requested
in 1972-..73 Parks and Recreation Budge.t.
[II.
CEMETERY
DESCRIPTION'
Located between Birch Drive and CAP Hanger.
Planned .landscaping and site improvements.
2. Identification of gravesites-(co-.ordinated through Parks
Recreation Council).
o
and
3. Sign
budget.
"American Cemetery"'
to be ordered' as defined in 1972-73
FORT KENAY
DESCRIPTION'
Located in hi'storical part of town near the 'Russian Church.
1. Proposals regarding this area will be co-ordinated through
the Parks and Recreation Council of Kenai.
RECREAT.I ON TRAILER
DESCRIPTION' Presently under management of the areas
form of "The Br. idge."
churches .in the
WILDWOOD AIR FORCE STATION
DESCRIPTION' Approximately 300 acres. Proposed Wildwood open space
land§-and potential park headquarters and maintenance buildings. This area
is currently under investigation and could become one of the department's
most important facilities. The utilization of these badly-needed buildings
and the possible continous greenbelt from Wildwood to the Kenai Municipal
park area would be a tremendous asset. This greenbelt would 'serve the
heavily populated areas in the Woodland Subdivision and Birch Drive areas.
KENAI JUNIOR HIGH SCHOOL
DESCRIPTION' Located in the center of town directly across from Kenai's
Mali-.'-'The-disposition of this facility could directly benefit Kenai's
Recreational Program considering the widespread utilization o.f the gym-
masium by this department.
Thi~ report will be broken down into three phases'
" I ' RE C REAT I ON
11 .- CONSTRUCTION -'
111 . MAI NTENANCE
RECREATION' (March 1 - June 15)
1. Hockey Rink' This rink is open to the general public. T~e area
~¢i. ll be Ti-~h-k-~d-from 6'30 p.m. to 10'30 p.m. nightly on a trial basis
generate interest and get as much use out of the facili.ty as possible
during .the remainder of the skating season. Bo.th figure and hockey
skat'ing will be taught by volunteer instructors. Supervision will be
provided to prevent vandalism and assist volunteer instructors.
2. Baton Twirling' City Recreational Department is available to.
assist Mrs. DiamOh-g in whatever way we can now that the program is off
the ground. -Here is an excellent example of how this department has
helped the community to help themselves.
to
3. Saturday Gymnasium Progr-am' This program runs from 1 p~.m. to
4 p.m. each' Saturd~ay at the Kenai Junior High School. The department
uses most of the schools equipment and pro¥ides supervisi,on. More pro~
.grams could be initiated as various spOrts equipment becomes available,
· .e., ping pong,, frisbee wars, etc.
4. Snow 'Machine Cross Country Races- These weekend events occur
regularly on a sch'e"dule'd bas-is at thee Kenai Recreational Facility. An
eight mile course has been marked and the City Parks and Recreation
employees provide portable power, heat, tables and assist in officiating
these races.
5. Rifle Range- This department assists upon request the clearing
of th~ge road and co-ordination of groups using this facility.
6. Volleyball' This program operates out of the Kenai Central High
School Monday nights from 7'30 p.m. to 9'30 p.m. The City Parks and
Recreation Department supplies supervision to set up nets and prevent
abuse of this facility. Also, the City is joining the Collier Recrea-
tio.n people on Thursday nights at Sears Elementary School.
-1-
~New programs will be initiated as the community sho~,:s interest, pro-
.ded that the equipment is available, volunteers assist in its operation
additional funding becomes available.
May it be noted that this department has no idea where it stands
.nancially at the present, and until this information is received, cannot
romulgate any new programs requiring additional equipment or renumeration
~r services rendered this fiscal year. Furthermore, we cannot define our
~sition regarding monies associated with the 1971-72 Land and Water Con-
,~rvation Act Projects.
and/'-
INE 15 TO' AUGUST 15
1. Supervised Summer Playgr0und Activities' Organized group activities
~r child.'fen of-t-lie Element"a'ry and J'r.~"High S-Ch-Gol levels. This program will
.~ offer'ed five (S) days a week from 10 a.m. to noon; 1 p.m. to 4 p.m. Movies
_11 be shown on Friday, field trips are planned as well as organized games,
~orts and arts and crafts. Two recreation leaders will be required as well
; the utilization of four to six NYC students. Costs of this program will
~ ou.tlined in 1972-73 budget.
2. Youth Baseball Clinic' This summer program will utilize the Muni-
~pal Park--ballfiel'd$ ........ Two sessions are conducted; the morning session for
~e younger groups and afternoon for the older kids. Girls will be taught
~ enough interest is shown. This program will run from 10 a.m. to noon;
~d 1 p.m. to 4 p.m. The recreation instructor in charge of this program will
[so have ~the responsibility of maintaining the baseball fields. Personnel
~eded to coordinate this program will be one (1) instructor and two (2) or
5) NYC students to assist. Most of the equipment necessary for this program
~s been donated by Wildwood Air Force Base, special services. Costs of
~rsonnel and incidentals will be outlined in the 1972-73 budget.
3. Softball' This activity will be promoted on whatever fields are
~ailable. Volunteers 'will be used extensively to operate this program, who
[11 be responsible to the Parks and Recreation Director. Three divisions
~e suggested; senior mens, womens and a recreational division. The low costs
~curred by thi. s activity will be outlined in the 1972~ 73 Parks and Recreation
]dget.
4. Volleyball and Badminton' These activities can be promoted year
round. Y~e ho cke-y "rink area will be utilized for outdoor games and gyms
ili be specified for evening indoor games. This is a family activity and
ill be supported to the degree that community interest is shown. Minor
.~sts incurred will be defined in the 1972~73 budget.
-2-
· 5,.' Arts anti'Crafts Program' This-.Program has been enthusiastically
~eeeive~ in ~-~e past an~ warrants year around support. 'It will'b,e implemented
~s part of 'the summer playground program and carried on through the winter
~s monies, facil~ities and equipment perm-it. A summer full ti~e and winter
~art time instructor will b.e necessary, the costs of this and equipage costs
~ill ~be reflected in the 1972-73 Parks and~Recreation Budget.
6. Table Tennis- This activity has year aro.und potential, is portable
~nd if proper.ly-co-ordinated, will benefit all age groups. Further infor-
mation and cos.t factors will be researched and submitted with the 1972-73
·
~udget.. '~
7. Stock Car Racing: The racing season will begin as soon as track
~onditions permit. Th~s activity takes place at the Kenai Recreational
~acility, Kenai Spur Highway and Beaver Loop Road.. Race days usually are
;unday.s. The City's participation begins in March with the promulgation of
'~onsolidated set of racin, g rules co-ordinated through the Board of Directors,
representing racing interests in the community. During the racing season,
:he City Parks and Recreation Department is responsible for maintenance of
:rack and spectator areas, takin, g .in all speCtator and driver fees, es~tab-
.ishing and issuing prize money, Co-.ordinating insurance coverage and con-
iucting a safe race. Ail news media are notified of race results and en-
:ouraged to be on hand. The only major expenditure foreseen by this depart-
~ent this year is a portable public address system, which has multi-use
~ossibilities at all public functions. This will be further outlined in
:he 1972-73 budget report.
8. Motorcycle Racing' It is expected that an area wil.1 be established
;pecifical-ly-for motorcycle racing. Areas are now being investigated and
~ould take very little to develop. The City is expected to co-ordinated race
]ays, assist in track maintenance and notify news media. This organized
~acing group is very self-.sustaining and few costs are incUrred in its
~peration. Again, the multi-use public address system would assist greatly.
9. Adventure Playgrounds: This is an experimental playground which
~as-originated in Cali-f0'rn'~-a' and is being used in both municipal and public
;chool playgrounds. As soon as these plans are received and approved for
_ocal development, this program will be initiated. This 'is a low cost,
~ighly community oriented program and all materials are donated. Supervision
is the City's only requirement, More details will be made availabl, e as they
~re received by this department.
10. Miscellaneous Activities' Horseshoes to hiking; folk dancing to
'lower arranging-; friSbee to f'en'ding; and h. andball to horseback riding.
kny and all will be promoted as interest is demonstrated within the community.
-3-
PARK CONSTRUCTION SCHEDULE. --- MARCH 1
- JUNE 30
CO,NSTRUCTI ON '
~
bflJNI CIPAL PARK
A~
B.
C.
D.
Complete Water System to Hockey Rink.
Construct Signs.
Complete Parking Lot.
Install Fencing on Hockey Rink.
WINTER RECREATION AREA
_.
A~
B.
C.
D.
Install Information Booth.
..
Construction rockwork base around existing water system outlets.-
Install Parking stops-.
Complete fire pit project at lake. ·
·
KENAI SPUR BALLFIELDS
Install fencing on two backstops.
Landscape two ballfields.
Install parking stops.
~
KENAI REC REAT I ONAL FACI LI TY
Clearing of area designated for future drag strip.
*All construction included herein-less Part 4, (Kenai Recreational Facility'
Drag Strip Proj-ect) must be completed by June 30, 1.972 in order to qualify
for matching 'funds under Bureau of Outdoor Recreation 1971-72 Land Water
Cons'ervation Act Projects.
III.
PARK MAINTENANCE SCHEDULE - bIARCH 1 TO JUNE 30
·
MUNICIPAL PARK
2.
3.
4.
5.
6.
7.
Clean up and activate all buildings
Locate and repair all benches, tables
Clean up accumulated debris.
Repair fencing.
Re-seed lawn where needed.
Level and fill hockey rink with sand.
Paint all facilities.
closed for winter.
and trash recepticals.
·
WINTER RECREATION AREA
B.
C.
D.
Clean up and activate restroom facilities.
Locate and repair picnic tables and trash recepticals.
Activate camper fire p-its.
Clean up accumulated debris, dead ~ood, etc.
·
CEMETEP(Y
Ae
Clean up debris.
Repair damaged fence.
· ~ --% , ~ *,~ . . . ~ . . , ~ . . .
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~.l.
FROM ·
DATE
SUBJECT ·
Honorable Mayor and City. Council
Chris Adams, Parks & RecreatiOn Director
February 25, 1972
JOINT 'PARK - SCHOOL USE AGREEMENT
Enclosed is a copy of the Joint Park-School Use
Agreement as. returned by the Kenai Peninsula School A'dmini-
stration. The original transcript is illustrated in small
print. I find no particular objections to the changes made
by this body, thus resubmit it to the Council for further
ratification or approval. The primary objective of this
agreement is to put in writing the existing working situation
while amenities, remain favorable.
Respectfully, .
Chris Adams,
Parks & Re6reation Director
CDA/db
Enclosure
CITY OF KE~'~AI
KENAI PEI{INSUIiA BO.ROUGH SCtlOOL DISTRICT
O'OINT PAPdl - SCHOOL USE AGKEEMENT
The Kenai Peninsula Borough, its Scltool District, and the City of Kenai and
~ .
its Parks and RecreatSon Depargment recognize that thr'ough the joint use of combined
facilities by the School District and the Parks and Recreation Department, definite
expansions of educational and recreational programs can be-executed with substantial
·
·
savings to the taxpayer. As a direct result, the objec'tives of both the School Dis-
.
trict and the Parks and Recreation Department are parallel, if not identical, at the
present time with respect to physical education and z'ecreation programs.
It is the intent of the governing bodies of these respective agencies to esta-
blish, develop, maintain and enhance these facets of community life. It is the fur-
thor intent of these agencies to execute an acceptable agreement, as such operations
.
affect a broader scope than governmental operations. ..
·
Education is the broad area encompassing both mental and physical development,
an area" common to both agencies. The optimum use of leisure time for the re-creation
.
of individuals through recreation, being related tO both mental and physical develop
ment, becomes the conm~on, goal of both .agencies. It'follo~,s that'
(a) Educational institutions will include physical development in conjunction with
mental development as an integral part of the school_ curriculum. I't follows
that tt~e persons generally Served ~,2ill be between the ages of 3' and 25. It has
·
been traditionally confined to regular daytime hours not extending into th~ adult
life of the community except in limited instances. However, com.plex facilities
.are necessary in the operation of the basic programs and many of these facilitJ, es
have multi-use concepts Which could and should fill the need of the entire com-
munity, including post-school devel, opment p. rograms.
:
!
:
i
!
i
f
:
·
J.
!.
!
(b) Recreational agencies stress not only the physical' dcvelopmc-~t. .aspects but
'also to an equal degree, mental development in the. fields of fine arts, home
economics and other passive ~forms of hObby and/or trade occupations of leisure
time. ltere' the age group served has no upper or lower limitations, and facil-
ities are available to al.]. persons desiring to pursue their individual re-
.
creation interests. These facilities are logically located in park as well as
·
..
school properties.
Based upon the conc].usions ~et out in Section "A" and "B" above, th'ere is
·
hereinafter proposed a JoSnt Park-School Use ~greement. -.
..
.
, T :Czz " .
t sz Coo zmT :O -..
.. .
.
.
Section 1.. The respective governing bodies (City Council_, Borough Assembly-School
.
.
Board) shall direct their respective administrative officers to prepare annually a
proposed program schedule, inc].uding funding, of joint facility use..-, ~-.
-
Section 2. It" '~s agreed that administrative personnel.of 'both agencies wilI endea-O.
..
vor to maintain flexibility in program scheduling to the d~ossib]e. CHANCE
Section 2. ' It is ~greed that administrative personnel of both
agencies will maintain at all times flexibility in program scheduling.
~..
- ARTICLE II
..
RIGIlT OF USE OF OWNED FACILITIES
.
Section 1. Scheduling of park facilities ot~naed by the City of Kenai., Parks and Re--
·
creation Department shall give priority to activities sponsored by Or incorporated.
_.
._.
in the Parks and Recreation Department' program. . . . ' ..... .
Section 2. Scheduling of school facilities owned by the Kenai Peninsula Borough
·
School District shall give priority to activities sponsored by or incorporated in
'the School District educational cu'rriculum. "
·
·
·
·
.o
· ARTICI.E Il I : ·
.
ecrm. on ~1' Tl~e cit'), of Kenai and its Parks and Recreation Depart~~nent shall agree to
told harmless and not respon~ibie the Kena± Pc:n±nsula Borough and ±ts School D±str±ct
_
or' an)' inj~ry, to perso;~s or damages-to property'.wh±ch ~ay occur during the use..of a
· .
'acility owned an'd operated by the Kenai Peninsula Borough and its School District.. .
. ..
·
. .
o
·
·
;ection 2. Th- Kenai Peninsula Borough and its School District shalJ .agree to tiold
~- .
·
~armless and not responsible ~the City ~f Kenai and its Parks and Recreation Depart-
dent for any injury to persons or ~a:nages to property.., whic]~ may occur during the use
>f a facility owned'and operated by tPe Cit~' of Kenai and'its Parks ,~:.'.d Recreation. .
..
.
·
)epar tment.
ARTICLE IV
USE EXq?E:.,SE OF FACILITIES
gection 1. The expense for routine' use of any facility will be borne-by the agency
.
aonducting the activity in or on such facility. Such expense shall be the actual
out-of-pocket opera.ting cost normally borne by the re,ruer agency,
ARTICLE V
FACII~ITIES INVENTORY
. .
SectiCn-1. Attached hereto and therefore being part of this agreement is an inven'
.
.
·
tory Consisting of prese..n~ School District facilities and present Parks and Recreation
..
Department facilities which are covered by this agreement. Futhre facilities m..ay be
·
a~d~d~ed to ... tl~e i'nve~ to?y.
.
..
ARTICLE VI
. .
i.
Section 1. The Joint development of additional facilities may be proposed by either._
-- ' "e' ~
agency, and agreeraent may be entered j. nto fo'r cooperative development,m.~c~, v~ operation, ~!,..~1{% . .
supervision and nain.tcnance of said facilities.
· Section 1. Future f~cilities of both agencies will be covered under
. ' . this agreement as the}' become ~vailable ~nd neither agency ~hall decline
CHANGE # 2 their use unless by mutual agreement of the respectiye governing bodies.
·
Section 2. The joint development of additional facilities may be pro-
.'
·
.
posed by either agency and agreement may be entered into for cooperative
~Iovalonrn~,nt._ onoration, suUervtsion and maintenance of said facilities.
~ect:JoE _2.. ~Tho custodial, st:afl will need at least ~]~roe weeks [o clean and propar
.
~ch°ol'~acilitles ~or. the scl~ool'Ycar.. Conse~ucntl)(,, all school facilities mn this CHANGE
~greement will be closed three weeks before School'3tarts, "' · ' ..
3ection 3. ~his ngrcemcnt will.run on a year t0 year basis, and will be review b '
,
all parties prior t'io January 1 of
. . .
·
·
the new year.
3CtlOOL t2';IT
LOCATION
~enai Central ]!igh School
fenai Junior High School
Bears E].c~aen tary
Kenai
Kenai
Kenai
. .
...... sc.'Oo~, ux ~'r
·
..'.__' - Kenai Central High' School.
CHANGE #4' /enai Jr. ltigh School
Sears Elementary School
.... (~North Kenai Elementary
:':f. .~Soldotna .Ir. Hig. h Schbol
?Soldotna Elementary
.
KEY TO SPECIAL FACILITIES
d%EAS
' 1-lu 1 ti-purpose Room
Library
Audi torium
Gymnasium
Gymnastics Room
F"Arts and Crafts
'ity Parks
',ecrca tion Trailer
·
;ivic Center
~or t. },an. y
Jif lc Ran ge
·
~rcl~ery Range
lace-Track
(proposed)
LOCATION
Off Forest Drive
Back of Fire Static,--,.'
T~ be determined '
Old To~msi te
Sec 31, ToS R10W
Sec 31, T6N R10W
SeC 36, T6N RllW
KEY TO SPECIAL FACILITIES
A Playground Equipment
B Baseball Field
C Softball Fie].d
D Little League Baseball Field
E -Tennis Court
F liockey Rin
G Ice Skating Rink/Lake.
11 Picnic Area
SPECIAL 'FACILITIES
A/B/C/D/F/G/ii / I/J/K
/
LOCAT I ON
Kenai
Kenai
.Kenai
North Kenai
Soldotna
G Hom&makino
H Band
-I-Choral
J Multi-use
K Photo Lab
(Classrooms)' ' '
SPECIAL FACILITIES
/'
SPECIAl, FACI I, ITIES.
A/B/C/D/F/G/}t/I IJ/K
A/B/D/F/G/tt/I IJ
A/B/D
^IBIDIJ '
^IDI~ ~.
A/D ..........
i
;
.
1
:
-A/GIK/O
K/o
I Camper Park'
J Archery Ran°e/Field
K Recreation Building
L Swlnuning (lake)
Swimming Pool
N Gymnasium
0 Meeting Rooms
.
P Auditorium
TO
FROM
DATE
SUBJECT ·
· Edwin H. Glotfelty, City Manager
· George L. Jaynes', Airport Manager
· February 17, 1972
AIRPORT TERMINAL LEASE RENTAL RATES
During November
lished rental rates in
by passing Resolution
have passed since that
Terminal Building has
rates were based on a
and made provision for
(35¢ per square foot)
area and the bar (160¢
A copy
mation.
O
the
69-39
time
conti
$0¢ p
less
and h
and 6
of this resolution h
f 1966, the City Council estab-
Kenai Airport Terminal Building· In the nearly six years that
, the cost of operating the Airport
nously increased. The original'
er square foot per month basis
er rates in the cargo area,
igher rates in the concession
5¢ per square foot respectively).
as been included for your infor-
fi gu'res
During the
extracted
figures for
our annual rev
rates would be
,810. I belie
he fact that o
th the inflati
o counter the
I recommend th
es in the Term
our base rate
enue by approx
come effective
on
avail'able
a loss of approximately $24
loss can be attributed to t
rates have not kept' pace wi
past few years. In order t
the Airport Terminal fund,
.rental rates for all purpos
This would in effect raise
and increase
year. These
and upon the 5 ye ar
past three years, 1969-70-71, based
from the 1969-70 audits, and the best
1971, the Terminal-Building has suffered
ye that most of this
ur building lease
onary trends of the
continous loss in
at we increase the
inal Building 15%.
of 50¢ to 57 1/2¢
imately $6,700 per
on all new leases
anniversary date of all existing leases.
Building
the above
o'f the Termina~Wnd and recommend that we
resol~t-i-on t.o/City Council, the increase in
rat~, as ~,$t forth, above.
G-eO-r g/e~ L[.7 J?yne's
Airp6rt ~t.an age r
Most of the existing leases within the Terminal
are at that 5 year anniversary' now. I feel that
action is necessary to the economic and well-being
reques.t, by
Terminal Buitding
GL J/db
A RESOLUTION ESTABLISHING THE RATES TO BE CHARGED ON THE RENEWAL
DATES (5 YEARS FROM DATE OF TIlE LEASE) OF THE LE.ASE AGREEMENTS FOR
THE OCCUPANCY OF SPACE WITHIN THE KENAI AIR TERMINAL
.
WHEREAS, costs of operation of the Kenai. Air Terminal Building have
increased substantially during the past 6 Years, and;
WHEREAS, to insure the
even bas is, and;
continued operation of the facility on a break
WHEREAS, a rate increase is necessary .to reduce and stOp losses due to
operational deficit, and; -'
WHEREAS, there has.not been an increase in the rates charged for space
within the Air Terminal Building.since November, 1966, and;
WHEREAS, a overall 15% increase ih'rates will accomplish these ends,
NOW, THEREFORE, BE IT RESOLVED'
-.
That the rates to be charges for the occupancy of spaCe within the
.Kenai Air Terminal shall be increased by 15% in accordance with the
following schedule'
Area Old Rate Increase New Rate
(In cents) Per. MO. - (In cents)
........ 15%
Coffee Shop
Bar
Air lin-e Ticketing
Service
Baggage Areas
Office Space
North' N6 ;' I
North- No. 2
.30 .0450 .35
.65 .0975 .75
.51 .0765 .59
.40 .0600 .46
.50 .0750 .58
.50 .07 50 .58
Airline-Operation Space
.48
Office Space No. 3
F.A.A. Ground Floor
F.A.A. Second Floor
Cargo Area
Rent-.A-'Car Counter
Space
.50
.48
.495
.35
.5O
.0720 .55
.0750 .58
· 0720 .55
.0743 .57
.0525 .40
.0750 .58
Passed this
,day of
,19 .
ATTEST ·
JOHN 'F.
STEINBECK, MAYOR
.Sharon Sterling, City Clerk
March 1,
TO'
1972
HONORABLE ~4AYOR AND CITY COUNCIL
TO' KENAI AND NORTH KENAI O.B.D.P.
I Mr. Ernest Smalling
I Deputy Director
! Department of Defense
i Room 3-E 787 Department of Defense
· ! ~;~ashington, D.C.
]
.!
i Subject' Early entry permit for occupancy of ]Vildwood Air
Force Station, Fire Fighting Facility.
.' Dear Mr. Smalling' " -'
The City of Kenai, subject to available funding, requests .
an early entry permit to occupy Building 11, intact,
'ii with all equipment and supplies pertaining to fire
i protection. The City of Kenai will furnish Wildwood
'~,, Air Force Station with a minimum of one professional
:1 firefighter.thru '30 June 1972. Upon the implementation
of the caretaker package, the City of Kenai proposes
to furnish l¥i].dwood'Air Force Station with 24 hour
structural fi re protection and fire prev'ention, and
take over the maintenance of Building 11, this time
the Department of Defense will continue to furnish
the City' of Kenai all utilities required at Building
11 untill final disposition of the Station has been
i!made.
EQUI PI,'FENT PRIORI TY' '~ -
Ail equipment not considered mission
essential will remain .on Station. This
includes one 750 pumper, one 530 pumper,
all hose and appliances which might be
of use in Fire-fighter Training - structural
fi're protection. .
JUSTIFICATION'
A. The Pacific Fire Rating Bureau has
recommended to the City of Kenai that
Kenai build and occupy a sub-station in
the general vicinity of the north portion
of the City of Kenai. The Pacific Fire
Rating Bureau made the above, recommendation
because of the time and distance involved
in response to a fire in the northern
portion of the city from the existing
s tati on.
Letter to Ernest Smallin~,~
Page two .
B. Through joint cooperation between the
City of'Kenai, Kenai' Peninsula Co~nmunity
College, a~d the State Department of
Vocational Education, the Kena~ area has
proven itself to be readily accessible to
persen$ involved ~n Petro-Chem±cal fire
suppression techniques. In past years we
-have provided a high caliber of intensive-
training ~or up to 400 men. per year. This
figure (400) ~nclude$ both professional
fire fighters and o51 industry product/on
personnel. At the present time many Petro-
Chemical Fire Training schools in the lower
4.8 are being closed due to a tightening of
Pollution Control restrictions. With these
closures we can expect a substantial increase
·
in our training work load related to the
Petro-.Chemical Industry which will tie up
both men and EQUIPHENT. With the facilities
at' W_ildwood Station ~nd the additional
....... equipment housed in Building 11, the Kenai
..... City Fire Department will have the capacity
to assume the additional training requirements
without jeopardizing the city's capaci.ty to
furnish fire protection.
C. The Kenai Fire Department, in addition to
the program outlined in paragraph B, held a
State Oil Fire Training School during the
Summer of 1971. Eighty-seven men representing
35 fire departments from all locales in the
State were given training in Air Crash, LPG,
Breathing Apparatus, .and First Aid Fire
· ....... Fighting appliances, (extinguishers). With
the acquisit, ion of Wildwood Fire Station, the
' City of Kenai will' be able to provide the much
needed equipment, props and training grounds
(.oil storage tanks, smokehouse, aircraft mock-
up, etc.)., needed to expand our schools and
f~re protection to the community.
SEWAGE TREATMENT PLANT
PROJECT NO. WPC-ALASKA-33
_.
..
MARCH .1, ..1_972, 10'00 A.M.
CITY MANAGER'S OFF ICE
Those in attendance were'
Robert L. West
Brnie Mathis
Glenn W. Anderson
Nels Kjelstad
Howard Hackney
Harry Dougherty
Alan Corthell
David E. Wtipil
Byron Severson
Walter Lahndt
G. L. Thomas
Bruce Massey
Edwin H. Glotfelty
West-e-r-n & Assoc.
Sunset Roofing
L. B. Anderson Cons tr. Inc.
Wince, Cort'hell & Assoc.
City of Kenai
Kaiser Cement
Wince, Corthell & As soc.
Green Construction
Swalling - General
State Mechanical Co.
State Mechanical Co.
Water & Sewer Superintendent
City Manager
The City received four
They are as follows'
(4) bids which were opened by the City Manager.
Swalling - General
$1,166,230
West-e-r-n & Assoc
$ 806,881
L. B.-Anderson Const.
$ 846,727
Green Construction Co.
$1,159,113
The Engineers Estimate $ 872,769
The bids will be tabulated and presented to Council for their
approval. The bid will be awarded within thirty (30) days.
FROM'
SUBJECT'
1972
HONORABLE MAYOR AND CITY COUNCIL
EDWIN H. GLOTFELTY, CITY MANAGER
SEWAGE TREATMENT PLANT - PROJECT NO.
WPC -ALASKA- 5 3
Bids were opened 1 March 1972 at 10'00 A.M. on the Sewage
Treatment Plant. The low bid received was from We:st-e-r-n
& Assoc. at $806,881.
project was $872,769.
The engineering estimate on the
It is .the Administration's
recommendation that the Council accept the bid of
West-e-r-n & Assoc. of' $806,881 for the construction
.:! of the Sewage Treatment Plant subject to the approval
of the Environmental Protection Agency of the Federal
Government and the Alaska State Department of Environmental
Conservation.
Sincer.~ly yours,
Edwin H. Glotfelty/.
City Manager
EHG / s s